IB 

Union Calendar No. 447 

114TH CONGRESS 

2D SESSION H. R. 5293 

[Report No. 114–577] 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2017, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2016 

Mr. FRELINGHUYSEN, from the Committee on Appropriations, reported the 

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

on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 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, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2017, for military func6 tions administered by the Department of Defense and for 

7 other purposes, namely: 


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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

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

8 between permanent duty stations, for members of the 

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

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

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

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

15 $39,986,962,000. 

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence, 

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

21 between permanent duty stations, for members of the 

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

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

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


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

2 of Defense Military Retirement Fund, $27,774,605,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

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

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

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

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $12,701,412,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

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

19 between permanent duty stations, for members of the Air 

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

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

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

24 377, as amended (42 U.S.C. 402 note), and to the DepartVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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1 ment of Defense Military Retirement Fund, 

2 $27,794,615,000. 

3 RESERVE PERSONNEL, ARMY

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

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

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

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

9 States Code, in connection with performing duty specified 

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

11 while undergoing reserve training, or while performing 

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

14 and for payments to the Department of Defense Military 

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

16 RESERVE PERSONNEL, NAVY

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

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

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

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

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

25 duty, and expenses authorized by section 16131 of title 


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

3 $1,898,825,000. 

4 RESERVE PERSONNEL, MARINE CORPS

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

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

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

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

10 in connection with performing duty specified in section 

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

14 leaders class, and expenses authorized by section 16131 

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

16 Department of Defense Military Retirement Fund, 

17 $736,305,000. 

18 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

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

24 States Code, in connection with performing duty specified 

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


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1 while undergoing reserve training, or while performing 

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

4 and for payments to the Department of Defense Military 

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

6 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

11 States Code, or while serving on duty under section 

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

13 States Code, in connection with performing duty specified 

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

15 while undergoing training, or while performing drills or 

16 equivalent duty or other duty, and expenses authorized by 

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

19 Fund, $7,827,440,000. 

20 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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


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

2 in connection with performing duty specified in section 

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

5 duty or other duty, and expenses authorized by section 

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

7 to the Department of Defense Military Retirement Fund, 

8 $3,271,215,000. 

9 TITLE II 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of the Army, as author14 ized by law, $34,436,295,000: Provided, That not to ex15 ceed $12,478,000 can be used for emergencies and ex16 traordinary expenses, to be expended on the approval or 

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

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

20 OPERATION AND MAINTENANCE, NAVY

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance of the Navy and the 

23 Marine Corps, as authorized by law, $40,213,485,000: 

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

25 emergencies and extraordinary expenses, to be expended 


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

2 and payments may be made on his certificate of necessity 

3 for confidential military purposes. 

4 OPERATION AND MAINTENANCE, MARINE CORPS

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance of the Marine Corps, 

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

8 OPERATION AND MAINTENANCE, AIR FORCE

9 For expenses, not otherwise provided for, necessary 

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

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

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

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

15 may be made on his certificate of necessity for confidential 

16 military purposes. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary 

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

22 departments), as authorized by law, $32,263,224,000: 

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

24 for the Combatant Commander Initiative Fund authorized 

25 under section 166a of title 10, United States Code: ProVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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

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

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

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

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

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

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

16 or the service headquarters of one of the Armed Forces 

17 into a legislative affairs or legislative liaison office: Pro18 vided further, That $8,023,000, to remain available until 

19 expended, is available only for expenses relating to certain 

20 classified activities, and may be transferred as necessary 

21 by the Secretary of Defense to operation and maintenance 

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

24 for the same time period as the appropriations to which 

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1 vestment item unit cost of items that may be purchased 

2 with operation and maintenance funds shall not apply to 

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

6 elsewhere in this Act. 

7 OPERATION AND MAINTENANCE, ARMY RESERVE

8 For expenses, not otherwise provided for, necessary 

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

12 vehicles; travel and transportation; care of the dead; re13 cruiting; procurement of services, supplies, and equip14 ment; and communications, $2,767,471,000. 

15 OPERATION AND MAINTENANCE, NAVY RESERVE

16 For expenses, not otherwise provided for, necessary 

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

20 vehicles; travel and transportation; care of the dead; re21 cruiting; procurement of services, supplies, and equip22 ment; and communications, $975,724,000. 


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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary 

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

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

8 recruiting; procurement of services, supplies, and equip9 ment; and communications, $320,066,000. 

10 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

11 For expenses, not otherwise provided for, necessary 

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

14 repair of facilities and equipment; hire of passenger motor 

15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications, $3,106,066,000. 

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

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

22 hospital treatment and related expenses in non-Federal 

23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel exVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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

2 Army personnel on active duty, for Army National Guard 

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

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

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

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

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For expenses of training, organizing, and admin12 istering the Air National Guard, including medical and 

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; transportation of things, hire of pas16 senger motor vehicles; supplying and equipping the Air 

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

18 modification, maintenance, and issue of supplies and 

19 equipment, including those furnished from stocks under 

20 the control of agencies of the Department of Defense; 

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

22 authorized by law for Air National Guard personnel on 

23 active Federal duty, for Air National Guard commanders 

24 while inspecting units in compliance with National Guard 


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1 Bureau regulations when specifically authorized by the 

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

3 UNITED STATES COURT OF APPEALS FOR THE ARMED

4 FORCES

5 For salaries and expenses necessary for the United 

6 States Court of Appeals for the Armed Forces, 

7 $14,194,000, of which not to exceed $5,000 may be used 

8 for official representation purposes. 

9 ENVIRONMENTAL RESTORATION, ARMY

10 (INCLUDING TRANSFER OF FUNDS)

11 For the Department of the Army, $170,167,000, to 

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

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

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

17 for similar purposes, transfer the funds made available by 

18 this appropriation to other appropriations made available 

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

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

21 time period as the appropriations to which transferred: 

22 Provided further, That upon a determination that all or 

23 part of the funds transferred from this appropriation are 

24 not necessary for the purposes provided herein, such 

25 amounts may be transferred back to this appropriation: 


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1 Provided further, That the transfer authority provided 

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

4 ENVIRONMENTAL RESTORATION, NAVY

5 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

12 for similar purposes, transfer the funds made available by 

13 this appropriation to other appropriations made available 

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

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

16 time period as the appropriations to which transferred: 

17 Provided further, That upon a determination that all or 

18 part of the funds transferred from this appropriation are 

19 not necessary for the purposes provided herein, such 

20 amounts may be transferred back to this appropriation: 

21 Provided further, That the transfer authority provided 

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


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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

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

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

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

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

10 available by this appropriation to other appropriations 

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

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

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

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

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

20 other transfer authority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $9,009,000, to re24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds 


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1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

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

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

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

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

12 may be transferred back to this appropriation: Provided 

13 further, That the transfer authority provided under this 

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

16 ENVIRONMENTAL RESTORATION, FORMERLY USED

17 DEFENSE SITES

18 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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


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1 appropriation to other appropriations made available to 

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

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

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

6 of the funds transferred from this appropriation are not 

7 necessary for the purposes provided herein, such amounts 

8 may be transferred back to this appropriation: Provided 

9 further, That the transfer authority provided under this 

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

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For expenses relating to the Overseas Humanitarian, 

14 Disaster, and Civic Aid programs of the Department of 

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

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

18 until September 30, 2018. 

19 COOPERATIVE THREAT REDUCTION ACCOUNT

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

22 Department of Defense Cooperative Threat Reduction 

23 Program authorized under the Department of Defense Co24 operative Threat Reduction Act, $325,604,000, to remain 

25 available until September 30, 2019. 


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1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

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

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

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

11 and construction prosecuted thereon prior to approval of 

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

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

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

17 for obligation until September 30, 2019. 

18 MISSILE PROCUREMENT, ARMY

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

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

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


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1 and construction prosecuted thereon prior to approval of 

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

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

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

7 for obligation until September 30, 2019. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and 

11 modification of weapons and tracked combat vehicles, 

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

14 expansion of public and private plants, including the land 

15 necessary therefor, for the foregoing purposes, and such 

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

18 procurement and installation of equipment, appliances, 

19 and machine tools in public and private plants; reserve 

20 plant and Government and contractor-owned equipment 

21 layaway; and other expenses necessary for the foregoing 

22 purposes, $2,244,547,000, to remain available for obliga23 tion until September 30, 2019. 


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1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and 

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

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

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

14 for the foregoing purposes, $1,513,157,000, to remain 

15 available for obligation until September 30, 2019. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and 

18 modification of vehicles, including tactical, support, and 

19 non-tracked combat vehicles; the purchase of passenger 

20 motor vehicles for replacement only; communications and 

21 electronic equipment; other support equipment; spare 

22 parts, ordnance, and accessories therefor; specialized 

23 equipment and training devices; expansion of public and 

24 private plants, including the land necessary therefor, for 

25 the foregoing purposes, and such lands and interests 


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1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; and procurement and 

3 installation of equipment, appliances, and machine tools 

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

6 expenses necessary for the foregoing purposes, 

7 $6,081,856,000, to remain available for obligation until 

8 September 30, 2019. 

9 AIRCRAFT PROCUREMENT, NAVY

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

12 ordnance, spare parts, and accessories therefor; specialized 

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

16 thereon prior to approval of title; and procurement and 

17 installation of equipment, appliances, and machine tools 

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

20 $15,900,093,000, to remain available for obligation until 

21 September 30, 2019. 

22 WEAPONS PROCUREMENT, NAVY

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


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1 and accessories therefor; expansion of public and private 

2 plants, including the land necessary therefor, and such 

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

5 procurement and installation of equipment, appliances, 

6 and machine tools in public and private plants; reserve 

7 plant and Government and contractor-owned equipment 

8 layaway, $3,102,544,000, to remain available for obliga9 tion until September 30, 2019. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and 

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

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

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

24 for the foregoing purposes, $601,563,000, to remain avail25 able for obligation until September 30, 2019. 


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1 SHIPBUILDING AND CONVERSION, NAVY

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

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

8 long lead time components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

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

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

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

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

16 Carrier Replacement Program, (AP), 

17 $1,370,784,000; 

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

19 Virginia Class Submarine (AP), 

20 $1,742,134,000; 

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

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

23 DDG–1000 Program, $271,756,000; 

24 DDG–51 Destroyer, $3,211,292,000; 

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


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

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

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

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

5 Service Craft, $65,192,000; 

6 LCAC Service Life Extension Program, 

7 $1,774,000; 

8 YP Craft Maintenance/ROH/SLEP, 

9 $21,363,000; 

10 For outfitting, post delivery, conversions, and 

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

12 Completion of Prior Year Shipbuilding Pro13 grams, $160,274,000. 

14 In all: $18,484,524,000, to remain available for obli15 gation until September 30, 2021, of which $160,274,000 

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

17 completion of prior year shipbuilding programs: Provided, 

18 That additional obligations may be incurred after Sep19 tember 30, 2021, for engineering services, tests, evalua20 tions, and other such budgeted work that must be per21 formed in the final stage of ship construction: Provided 

22 further, That none of the funds provided under this head23 ing for the construction or conversion of any naval vessel 

24 to be constructed in shipyards in the United States shall 

25 be expended in foreign facilities for the construction of 


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1 major components of such vessel: Provided further, That 

2 none of the funds provided under this heading shall be 

3 used for the construction of any naval vessel in foreign 

4 shipyards. 

5 OTHER PROCUREMENT, NAVY

6 For procurement, production, and modernization of 

7 support equipment and materials not otherwise provided 

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

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

10 of passenger motor vehicles for replacement only; expan11 sion of public and private plants, including the land nec12 essary therefor, and such lands and interests therein, may 

13 be acquired, and construction prosecuted thereon prior to 

14 approval of title; and procurement and installation of 

15 equipment, appliances, and machine tools in public and 

16 private plants; reserve plant and Government and con17 tractor-owned equipment layaway, $6,099,326,000, to re18 main available for obligation until September 30, 2019. 

19 PROCUREMENT, MARINE CORPS

20 For expenses necessary for the procurement, manu21 facture, and modification of missiles, armament, military 

22 equipment, spare parts, and accessories therefor; plant 

23 equipment, appliances, and machine tools, and installation 

24 thereof in public and private plants; reserve plant and 

25 Government and contractor-owned equipment layaway; veVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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1 hicles for the Marine Corps, including the purchase of pas2 senger motor vehicles for replacement only; and expansion 

3 of public and private plants, including land necessary 

4 therefor, and such lands and interests therein, may be ac5 quired, and construction prosecuted thereon prior to ap6 proval of title, $1,213,872,000, to remain available for ob7 ligation until September 30, 2019. 

8 AIRCRAFT PROCUREMENT, AIR FORCE

9 For construction, procurement, and modification of 

10 aircraft and equipment, including armor and armament, 

11 specialized ground handling equipment, and training de12 vices, spare parts, and accessories therefor; specialized 

13 equipment; expansion of public and private plants, Gov14 ernment-owned equipment and installation thereof in such 

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

16 the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

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

20 other expenses necessary for the foregoing purposes in21 cluding rents and transportation of things, 

22 $14,325,117,000, to remain available for obligation until 

23 September 30, 2019. 


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1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 missiles, rockets, and related equipment, including spare 

4 parts and accessories therefor; ground handling equip5 ment, and training devices; expansion of public and pri6 vate plants, Government-owned equipment and installa7 tion thereof in such plants, erection of structures, and ac8 quisition of land, for the foregoing purposes, and such 

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

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

15 until September 30, 2019. 

16 SPACE PROCUREMENT, AIR FORCE

17 For construction, procurement, and modification of 

18 spacecraft, rockets, and related equipment, including 

19 spare parts and accessories therefor; ground handling 

20 equipment, and training devices; expansion of public and 

21 private plants, Government-owned equipment and installa22 tion thereof in such plants, erection of structures, and ac23 quisition of land, for the foregoing purposes, and such 

24 lands and interests therein, may be acquired, and con25 struction prosecuted thereon prior to approval of title; reVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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1 serve plant and Government and contractor-owned equip2 ment layaway; and other expenses necessary for the fore3 going purposes including rents and transportation of 

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

5 until September 30, 2019. 

6 PROCUREMENT OF AMMUNITION, AIR FORCE

7 For construction, procurement, production, and 

8 modification of ammunition, and accessories therefor; spe9 cialized equipment and training devices; expansion of pub10 lic and private plants, including ammunition facilities, au11 thorized by section 2854 of title 10, United States Code, 

12 and the land necessary therefor, for the foregoing pur13 poses, and such lands and interests therein, may be ac14 quired, and construction prosecuted thereon prior to ap15 proval of title; and procurement and installation of equip16 ment, appliances, and machine tools in public and private 

17 plants; reserve plant and Government and contractor18 owned equipment layaway; and other expenses necessary 

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

20 available for obligation until September 30, 2019. 

21 OTHER PROCUREMENT, AIR FORCE

22 For procurement and modification of equipment (in23 cluding ground guidance and electronic control equipment, 

24 and ground electronic and communication equipment), 

25 and supplies, materials, and spare parts therefor, not othVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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1 erwise provided for; the purchase of passenger motor vehi2 cles for replacement only; lease of passenger motor vehi3 cles; and expansion of public and private plants, Govern4 ment-owned equipment and installation thereof in such 

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

6 the foregoing purposes, and such lands and interests 

7 therein, may be acquired, and construction prosecuted 

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

10 $17,342,313,000, to remain available for obligation until 

11 September 30, 2019. 

12 PROCUREMENT, DEFENSE-WIDE

13 For expenses of activities and agencies of the Depart14 ment of Defense (other than the military departments) 

15 necessary for procurement, production, and modification 

16 of equipment, supplies, materials, and spare parts there17 for, not otherwise provided for; the purchase of passenger 

18 motor vehicles for replacement only; expansion of public 

19 and private plants, equipment, and installation thereof in 

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

21 for the foregoing purposes, and such lands and interests 

22 therein, may be acquired, and construction prosecuted 

23 thereon prior to approval of title; reserve plant and Gov24 ernment and contractor-owned equipment layaway, 


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1 $4,649,876,000, to remain available for obligation until 

2 September 30, 2019. 

3 DEFENSE PRODUCTION ACT PURCHASES

4 For activities by the Department of Defense pursuant 

5 to sections 108, 301, 302, and 303 of the Defense Produc6 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

7 $74,065,000, to remain available until expended. 

8 TITLE IV 

9 RESEARCH, DEVELOPMENT, TEST AND 

10 EVALUATION 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 ARMY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $7,864,517,000, to remain avail17 able for obligation until September 30, 2018. 

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

19 NAVY

20 For expenses necessary for basic and applied sci21 entific research, development, test and evaluation, includ22 ing maintenance, rehabilitation, lease, and operation of fa23 cilities and equipment, $16,831,290,000, to remain avail24 able for obligation until September 30, 2018: Provided, 

25 That funds appropriated in this paragraph which are 


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1 available for the V–22 may be used to meet unique oper2 ational requirements of the Special Operations Forces. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 AIR FORCE

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, $27,106,851,000, to remain avail9 able for obligation until September 30, 2018. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses of activities and agencies of the Depart14 ment of Defense (other than the military departments), 

15 necessary for basic and applied scientific research, devel16 opment, test and evaluation; advanced research projects 

17 as may be designated and determined by the Secretary 

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

19 lease, and operation of facilities and equipment, 

20 $18,311,236,000, to remain available for obligation until 

21 September 30, 2018: Provided, That, of the funds made 

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

23 Rapid Innovation Program shall only be available for ex24 penses, not otherwise provided for, to include program 

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1 ment, test and evaluation to include proof of concept dem2 onstration; engineering, testing, and validation; and tran3 sition to full-scale production: Provided further, That the 

4 Secretary of Defense may transfer funds provided herein 

5 for the Defense Rapid Innovation Program to appropria6 tions for research, development, test and evaluation to ac7 complish the purpose provided herein: Provided further, 

8 That this transfer authority is in addition to any other 

9 transfer authority available to the Department of Defense: 

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

11 fewer than 30 days prior to making transfers from this 

12 appropriation, notify the congressional defense committees 

13 in writing of the details of any such transfer. 

14 OPERATIONAL TEST AND EVALUATION, DEFENSE

15 For expenses, not otherwise provided for, necessary 

16 for the independent activities of the Director, Operational 

17 Test and Evaluation, in the direction and supervision of 

18 operational test and evaluation, including initial oper19 ational test and evaluation which is conducted prior to, 

20 and in support of, production decisions; joint operational 

21 testing and evaluation; and administrative expenses in 

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

23 for obligation until September 30, 2018. 


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1 TITLE V 

2 REVOLVING AND MANAGEMENT FUNDS 

3 DEFENSE WORKING CAPITAL FUNDS

4 For the Defense Working Capital Funds, 

5 $1,371,613,000. 

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; of which 

12 $31,696,337,000 shall be for operation and maintenance, 

13 of which not to exceed one percent shall remain available 

14 for obligation until September 30, 2018, and of which up 

15 to $15,523,832,000 may be available for contracts entered 

16 into under the TRICARE program; of which 

17 $413,219,000, to remain available for obligation until Sep18 tember 30, 2019, shall be for procurement; and of which 

19 $1,467,007,000, to remain available for obligation until 

20 September 30, 2018, shall be for research, development, 

21 test and evaluation: Provided, That, notwithstanding any 

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

23 this heading for research, development, test and evalua24 tion, not less than $8,000,000 shall be available for HIV 

25 prevention educational activities undertaken in connection 


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1 with United States military training, exercises, and hu2 manitarian assistance activities conducted primarily in Af3 rican nations: Provided further, That of the funds provided 

4 under this heading for research, development, test and 

5 evaluation, not less than $644,100,000 shall be made 

6 available to the United States Army Medical Research and 

7 Materiel Command to carry out the congressionally di8 rected medical research programs. 

9 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

10 DEFENSE

11 For expenses, not otherwise provided for, necessary 

12 for the destruction of the United States stockpile of lethal 

13 chemical agents and munitions in accordance with the pro14 visions of section 1412 of the Department of Defense Au15 thorization Act, 1986 (50 U.S.C. 1521), and for the de16 struction of other chemical warfare materials that are not 

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

18 $147,282,000 shall be for operation and maintenance, of 

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

20 Stockpile Emergency Preparedness Program, consisting of 

21 $20,368,000 for activities on military installations and 

22 $29,165,000, to remain available until September 30, 

23 2018, to assist State and local governments, not more 

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

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1 origin chemical munitions in the Republic of Panama, to 

2 the extent authorized by law; $15,132,000 shall be for pro3 curement, to remain available until September 30, 2019, 

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

5 Emergency Preparedness Program to assist State and 

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

7 until September 30, 2018, shall be for research, develop8 ment, test and evaluation, of which $380,892,000 shall 

9 only be for the Assembled Chemical Weapons Alternatives 

10 program. 

11 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

12 DEFENSE

13 (INCLUDING TRANSFER OF FUNDS)

14 For drug interdiction and counter-drug activities of 

15 the Department of Defense, for transfer to appropriations 

16 available to the Department of Defense for military per17 sonnel of the reserve components serving under the provi18 sions of title 10 and title 32, United States Code; for oper19 ation and maintenance; for procurement; and for research, 

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

21 $631,087,000 shall be for counter-narcotics support; 

22 $118,713,000 shall be for the drug demand reduction pro23 gram; and $159,000,000 shall be for the National Guard 

24 counter-drug program: Provided, That the funds appro25 priated under this heading shall be available for obligation 


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

2 appropriation to which transferred: Provided further, That 

3 upon a determination that all or part of the funds trans4 ferred from this appropriation are not necessary for the 

5 purposes provided herein, such amounts may be trans6 ferred back to this appropriation: Provided further, That 

7 the transfer authority provided under this heading is in 

8 addition to any other transfer authority contained else9 where in this Act. 

10 OFFICE OF THE INSPECTOR GENERAL

11 For expenses and activities of the Office of the In12 spector General in carrying out the provisions of the In13 spector General Act of 1978, as amended, $322,035,000, 

14 of which $318,882,000 shall be for operation and mainte15 nance, of which not to exceed $700,000 is available for 

16 emergencies and extraordinary expenses to be expended on 

17 the approval or authority of the Inspector General, and 

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

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

21 30, 2018, shall be for research, development, test and eval22 uation. 


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1 TITLE VII 

2 RELATED AGENCIES 

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

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

7 proper funding level for continuing the operation of the 

8 Central Intelligence Agency Retirement and Disability 

9 System, $514,000,000. 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 For necessary expenses of the Intelligence Commu12 nity Management Account, $483,596,000. 

13 TITLE VIII 

14 GENERAL PROVISIONS 

15 SEC. 8001. No part of any appropriation contained 

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

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

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

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

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

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

25 of the percentage increase authorized by law for civilian 


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1 employees of the Department of Defense whose pay is 

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

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

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

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

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

11 not apply to foreign national employees of the Department 

12 of Defense in the Republic of Turkey. 

13 SEC. 8003. No part of any appropriation contained 

14 in this Act shall remain available for obligation beyond 

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

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

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

21 duty training of reserve components or summer camp 

22 training of the Reserve Officers’ Training Corps. 

23 (TRANSFER OF FUNDS)

24 SEC. 8005. Upon determination by the Secretary of 

25 Defense that such action is necessary in the national interVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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1 est, he may, with the approval of the Office of Manage2 ment and Budget, transfer not to exceed $4,500,000,000 

3 of working capital funds of the Department of Defense 

4 or funds made available in this Act to the Department 

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

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

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

9 the appropriation or fund to which transferred: Provided, 

10 That such authority to transfer may not be used unless 

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

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

15 That the Secretary of Defense shall notify the Congress 

16 promptly of all transfers made pursuant to this authority 

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

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

22 than those for which originally appropriated and in no 

23 case where the item for which reprogramming is requested 

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

25 a request for multiple reprogrammings of funds using auVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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

2 30, 2017: Provided further, That transfers among military 

3 personnel appropriations shall not be taken into account 

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

5 may be transferred under this section. 

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

8 and adjustments to budget activities corresponding to 

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

10 tables titled Explanation of Project Level Adjustments in 

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

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

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

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

18 in the text of this Act. 

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

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


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

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

5 transfer authorities for fiscal year 2017: Provided, That 

6 the report shall include— 

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

10 due to enacted rescissions, if appropriate, and the 

11 fiscal year enacted level; 

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

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

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

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

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

20 reprogramming or transfer until the report identified in 

21 subsection (a) is submitted to the congressional defense 

22 committees, unless the Secretary of Defense certifies in 

23 writing to the congressional defense committees that such 

24 reprogramming or transfer is necessary as an emergency 

25 requirement: Provided, That this subsection shall not 


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1 apply to transfers from the following appropriations ac2 counts: 

3 (1) Environmental Restoration, Army; 

4 (2) Environmental Restoration, Navy; 

5 (3) Environmental Restoration, Air Force; 

6 (4) Environmental Restoration, Defense-wide; 

7 (5) Environmental Restoration, Formerly Used 

8 Defense Sites; and 

9 (6) Drug Interdiction and Counter-drug Activi10 ties, Defense. 

11 (TRANSFER OF FUNDS)

12 SEC. 8008. During the current fiscal year, cash bal13 ances in working capital funds of the Department of De14 fense established pursuant to section 2208 of title 10, 

15 United States Code, may be maintained in only such 

16 amounts as are necessary at any time for cash disburse17 ments to be made from such funds: Provided, That trans18 fers may be made between such funds: Provided further, 

19 That transfers may be made between working capital 

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

21 appropriation and the ‘‘Operation and Maintenance’’ ap22 propriation accounts in such amounts as may be deter23 mined by the Secretary of Defense, with the approval of 

24 the Office of Management and Budget, except that such 

25 transfers may not be made unless the Secretary of Defense 


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1 has notified the Congress of the proposed transfer: Pro2 vided further, That except in amounts equal to the 

3 amounts appropriated to working capital funds in this Act, 

4 no obligations may be made against a working capital fund 

5 to procure or increase the value of war reserve material 

6 inventory, unless the Secretary of Defense has notified the 

7 Congress prior to any such obligation. 

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

9 be used to initiate a special access program without prior 

10 notification 30 calendar days in advance to the congres11 sional defense committees. 

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

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

14 employs economic order quantity procurement in excess of 

15 $20,000,000 in any one year of the contract or that in16 cludes an unfunded contingent liability in excess of 

17 $20,000,000; or (2) a contract for advance procurement 

18 leading to a multiyear contract that employs economic 

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

20 any one year, unless the congressional defense committees 

21 have been notified at least 30 days in advance of the pro22 posed contract award: Provided, That no part of any ap23 propriation contained in this Act shall be available to ini24 tiate a multiyear contract for which the economic order 

25 quantity advance procurement is not funded at least to 


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

2 That no part of any appropriation contained in this Act 

3 shall be available to initiate multiyear procurement con4 tracts for any systems or component thereof if the value 

5 of the multiyear contract would exceed $500,000,000 un6 less specifically provided in this Act: Provided further, 

7 That no multiyear procurement contract can be termi8 nated without 30-day prior notification to the congres9 sional defense committees: Provided further, That the exe10 cution of multiyear authority shall require the use of a 

11 present value analysis to determine lowest cost compared 

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

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

14 contract executed after the date of the enactment of this 

15 Act unless in the case of any such contract— 

16 (1) the Secretary of Defense has submitted to 

17 Congress a budget request for full funding of units 

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

19 of a contract for procurement of aircraft, that in20 cludes, for any aircraft unit to be procured through 

21 the contract for which procurement funds are re22 quested in that budget request for production be23 yond advance procurement activities in the fiscal 

24 year covered by the budget, full funding of procure25 ment of such unit in that fiscal year; 


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1 (2) cancellation provisions in the contract do 

2 not include consideration of recurring manufacturing 

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

6 (3) the contract provides that payments to the 

7 contractor under the contract shall not be made in 

8 advance of incurred costs on funded units; and 

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

11 contract. 

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

14 hereby appropriated pursuant to section 401 of title 10, 

15 United States Code, for humanitarian and civic assistance 

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

17 Such funds may also be obligated for humanitarian and 

18 civic assistance costs incidental to authorized operations 

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

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

24 providing humanitarian and similar assistance by using 

25 Civic Action Teams in the Trust Territories of the Pacific 


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

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

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

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

9 facilities, on a nonreimbursable basis, for civilian patients 

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

12 States of Micronesia, Palau, and Guam. 

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

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

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

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

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

20 (b) The fiscal year 2018 budget request for the De21 partment of Defense as well as all justification material 

22 and other documentation supporting the fiscal year 2018 

23 Department of Defense budget request shall be prepared 

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


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

2 year 2018. 

3 (c) As required by section 1107 of the National De4 fense Authorization Act for Fiscal Year 2014 (Public Law 

5 113–66; 10 U.S.C. 2358 note) civilian personnel at the 

6 Department of Army Science and Technology Reinvention 

7 Laboratories may not be managed on the basis of the 

8 Table of Distribution and Allowances, and the manage9 ment of the workforce strength shall be done in a manner 

10 consistent with the budget available with respect to such 

11 Laboratories. 

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

13 to military (civilian) technicians. 

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

15 Act shall be used in any way, directly or indirectly, to in16 fluence congressional action on any legislation or appro17 priation matters pending before the Congress. 

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

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

20 any member of the Army participating as a full-time stu21 dent and receiving benefits paid by the Secretary of Vet22 erans Affairs from the Department of Defense Education 

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

24 credited toward completion of a service commitment: Pro25 vided, That this section shall not apply to those members 


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

2 1987: Provided further, That this section applies only to 

3 active components of the Army. 

4 (TRANSFER OF FUNDS)

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

6 for the Department of Defense Pilot Mentor-Protege Pro7 gram may be transferred to any other appropriation con8 tained in this Act solely for the purpose of implementing 

9 a Mentor-Protege Program developmental assistance 

10 agreement pursuant to section 831 of the National De11 fense Authorization Act for Fiscal Year 1991 (Public Law 

12 101–510; 10 U.S.C. 2302 note), as amended, under the 

13 authority of this provision or any other transfer authority 

14 contained in this Act. 

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

16 available for the purchase by the Department of Defense 

17 (and its departments and agencies) of welded shipboard 

18 anchor and mooring chain 4 inches in diameter and under 

19 unless the anchor and mooring chain are manufactured 

20 in the United States from components which are substan21 tially manufactured in the United States: Provided, That 

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

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

24 of chain and welding (including the forging and shot blast25 ing process): Provided further, That for the purpose of this 


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1 section substantially all of the components of anchor and 

2 mooring chain shall be considered to be produced or manu3 factured in the United States if the aggregate cost of the 

4 components produced or manufactured in the United 

5 States exceeds the aggregate cost of the components pro6 duced or manufactured outside the United States: Pro7 vided further, That when adequate domestic supplies are 

8 not available to meet Department of Defense requirements 

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

10 for the procurement may waive this restriction on a case11 by-case basis by certifying in writing to the Committees 

12 on Appropriations that such an acquisition must be made 

13 in order to acquire capability for national security pur14 poses. 

15 SEC. 8017. None of the funds available to the De16 partment of Defense may be used to demilitarize or dis17 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

18 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

19 to demilitarize or destroy small arms ammunition or am20 munition components that are not otherwise prohibited 

21 from commercial sale under Federal law, unless the small 

22 arms ammunition or ammunition components are certified 

23 by the Secretary of the Army or designee as unserviceable 

24 or unsafe for further use. 


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1 SEC. 8018. No more than $500,000 of the funds ap2 propriated or made available in this Act shall be used dur3 ing a single fiscal year for any single relocation of an orga4 nization, unit, activity or function of the Department of 

5 Defense into or within the National Capital Region: Pro6 vided, That the Secretary of Defense may waive this re7 striction on a case-by-case basis by certifying in writing 

8 to the congressional defense committees that such a relo9 cation is required in the best interest of the Government. 

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

11 $15,000,000 shall be available for incentive payments au12 thorized by section 504 of the Indian Financing Act of 

13 1974 (25 U.S.C. 1544): Provided, That a prime contractor 

14 or a subcontractor at any tier that makes a subcontract 

15 award to any subcontractor or supplier as defined in sec16 tion 1544 of title 25, United States Code, or a small busi17 ness owned and controlled by an individual or individuals 

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

19 Code, shall be considered a contractor for the purposes 

20 of being allowed additional compensation under section 

21 504 of the Indian Financing Act of 1974 (25 U.S.C. 

22 1544) whenever the prime contract or subcontract amount 

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

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1 vided further, That notwithstanding section 1906 of title 

2 41, United States Code, this section shall be applicable 

3 to any Department of Defense acquisition of supplies or 

4 services, including any contract and any subcontract at 

5 any tier for acquisition of commercial items produced or 

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

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

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

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

10 of title 25, United States Code. 

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

12 Defense Media Activity shall not be used for any national 

13 or international political or psychological activities. 

14 SEC. 8021. During the current fiscal year, the De15 partment of Defense is authorized to incur obligations of 

16 not to exceed $350,000,000 for purposes specified in sec17 tion 2350j(c) of title 10, United States Code, in anticipa18 tion of receipt of contributions, only from the Government 

19 of Kuwait, under that section: Provided, That, upon re20 ceipt, such contributions from the Government of Kuwait 

21 shall be credited to the appropriations or fund which in22 curred such obligations. 

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

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

25 Civil Air Patrol Corporation, of which— 


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1 (1) $28,000,000 shall be available from ‘‘Oper2 ation and Maintenance, Air Force’’ to support Civil 

3 Air Patrol Corporation operation and maintenance, 

4 readiness, counter-drug activities, and drug demand 

5 reduction activities involving youth programs; 

6 (2) $10,337,000 shall be available from ‘‘Air7 craft Procurement, Air Force’’; and 

8 (3) $1,684,000 shall be available from ‘‘Other 

9 Procurement, Air Force’’ for vehicle procurement. 

10 (b) The Secretary of the Air Force should waive reim11 bursement for any funds used by the Civil Air Patrol for 

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

13 local government agencies. 

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

15 Act are available to establish a new Department of De16 fense (department) federally funded research and develop17 ment center (FFRDC), either as a new entity, or as a 

18 separate entity administrated by an organization man19 aging another FFRDC, or as a nonprofit membership cor20 poration consisting of a consortium of other FFRDCs and 

21 other nonprofit entities. 

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

23 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

25 and no paid consultant to any defense FFRDC, except 


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1 when acting in a technical advisory capacity, may be com2 pensated for his or her services as a member of such enti3 ty, or as a paid consultant by more than one FFRDC in 

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

5 referred to previously in this subsection shall be allowed 

6 travel expenses and per diem as authorized under the Fed7 eral Joint Travel Regulations, when engaged in the per8 formance of membership duties. 

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

10 of the funds available to the department from any source 

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

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

13 construction of new buildings not located on a military in14 stallation, for payment of cost sharing for projects funded 

15 by Government grants, for absorption of contract over16 runs, or for certain charitable contributions, not to include 

17 employee participation in community service and/or devel18 opment: Provided, That up to 1 percent of funds provided 

19 in this Act for support of defense FFRDCs may be used 

20 for planning and design of scientific or engineering facili21 ties: Provided further, That the Secretary of Defense shall 

22 notify the congressional defense committees 15 days in ad23 vance of exercising the authority in the previous proviso. 

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

25 the funds available to the department during fiscal year 


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1 2017, not more than 5,750 staff years of technical effort 

2 (staff years) may be funded for defense FFRDCs: Pro3 vided, That, of the specific amount referred to previously 

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

5 be funded for the defense studies and analysis FFRDCs: 

6 Provided further, That this subsection shall not apply to 

7 staff years funded in the National Intelligence Program 

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

9 (e) The Secretary of Defense shall, with the submis10 sion of the department’s fiscal year 2018 budget request, 

11 submit a report presenting the specific amounts of staff 

12 years of technical effort to be allocated for each defense 

13 FFRDC during that fiscal year and the associated budget 

14 estimates. 

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

16 the total amount appropriated in this Act for FFRDCs 

17 is hereby reduced by $126,800,000. 

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

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

20 or armor steel plate for use in any Government-owned fa21 cility or property under the control of the Department of 

22 Defense which were not melted and rolled in the United 

23 States or Canada: Provided, That these procurement re24 strictions shall apply to any and all Federal Supply Class 

25 9515, American Society of Testing and Materials (ASTM) 


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1 or American Iron and Steel Institute (AISI) specifications 

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

3 That the Secretary of the military department responsible 

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

6 on Appropriations of the House of Representatives and the 

7 Senate that adequate domestic supplies are not available 

8 to meet Department of Defense requirements on a timely 

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

10 to acquire capability for national security purposes: Pro11 vided further, That these restrictions shall not apply to 

12 contracts which are in being as of the date of the enact13 ment of this Act. 

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

15 ‘‘congressional defense committees’’ means the Armed 

16 Services Committee of the House of Representatives, the 

17 Armed Services Committee of the Senate, the Sub18 committee on Defense of the Committee on Appropriations 

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

20 Committee on Appropriations of the House of Representa21 tives. 

22 SEC. 8026. During the current fiscal year, the De23 partment of Defense may acquire the modification, depot 

24 maintenance and repair of aircraft, vehicles and vessels 

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1 fense-related articles, through competition between De2 partment of Defense depot maintenance activities and pri3 vate firms: Provided, That the Senior Acquisition Execu4 tive of the military department or Defense Agency con5 cerned, with power of delegation, shall certify that success6 ful bids include comparable estimates of all direct and in7 direct costs for both public and private bids: Provided fur8 ther, That Office of Management and Budget Circular A– 

9 76 shall not apply to competitions conducted under this 

10 section. 

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

12 consultation with the United States Trade Representative, 

13 determines that a foreign country which is party to an 

14 agreement described in paragraph (2) has violated the 

15 terms of the agreement by discriminating against certain 

16 types of products produced in the United States that are 

17 covered by the agreement, the Secretary of Defense shall 

18 rescind the Secretary’s blanket waiver of the Buy Amer19 ican Act with respect to such types of products produced 

20 in that foreign country. 

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

22 reciprocal defense procurement memorandum of under23 standing, between the United States and a foreign country 

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1 tively waived the Buy American Act for certain products 

2 in that country. 

3 (b) The Secretary of Defense shall submit to the Con4 gress a report on the amount of Department of Defense 

5 purchases from foreign entities in fiscal year 2017. Such 

6 report shall separately indicate the dollar value of items 

7 for which the Buy American Act was waived pursuant to 

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

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

10 international agreement to which the United States is a 

11 party. 

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

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

14 States Code. 

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

16 contained in the Department of Defense Overseas Military 

17 Facility Investment Recovery Account established by sec18 tion 2921(c)(1) of the National Defense Authorization Act 

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

20 be available until expended for the payments specified by 

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

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

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

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

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1 kota, South Dakota, Montana, Oregon, Minnesota, and 

2 Washington relocatable military housing units located at 

3 Grand Forks Air Force Base, Malmstrom Air Force Base, 

4 Mountain Home Air Force Base, Ellsworth Air Force 

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

6 needs of the Air Force. 

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

8 no cost to the Air Force, military housing units under sub9 section (a) in accordance with the request for such units 

10 that are submitted to the Secretary by the Operation 

11 Walking Shield Program on behalf of Indian tribes located 

12 in the States of Nevada, Idaho, North Dakota, South Da13 kota, Montana, Oregon, Minnesota, and Washington. Any 

14 such conveyance shall be subject to the condition that the 

15 housing units shall be removed within a reasonable period 

16 of time, as determined by the Secretary. 

17 (c) The Operation Walking Shield Program shall re18 solve any conflicts among requests of Indian tribes for 

19 housing units under subsection (a) before submitting re20 quests to the Secretary of the Air Force under subsection 

21 (b). 

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

23 any recognized Indian tribe included on the current list 

24 published by the Secretary of the Interior under section 

25 104 of the Federally Recognized Indian Tribe Act of 1994 


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1 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a2 1). 

3 SEC. 8030. During the current fiscal year, appropria4 tions which are available to the Department of Defense 

5 for operation and maintenance may be used to purchase 

6 items having an investment item unit cost of not more 

7 than $250,000. 

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

9 Act may be used to— 

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

11 Senior Reserve Officers’ Training Corps program in 

12 accordance with Department of Defense Instruction 

13 Number 1215.08, dated June 26, 2006; or 

14 (2) close, downgrade from host to extension 

15 center, or place on probation a Senior Reserve Offi16 cers’ Training Corps program in accordance with the 

17 information paper of the Department of the Army 

18 titled ‘‘Army Senior Reserve Officers’ Training 

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

20 dated January 27, 2014. 

21 SEC. 8032. The Secretary of Defense shall issue reg22 ulations to prohibit the sale of any tobacco or tobacco23 related products in military resale outlets in the United 

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

25 most competitive price in the local community: Provided, 


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1 That such regulations shall direct that the prices of to2 bacco or tobacco-related products in overseas military re3 tail outlets shall be within the range of prices established 

4 for military retail system stores located in the United 

5 States. 

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

7 of the appropriations or funds available to the Department 

8 of Defense Working Capital Funds shall be used for the 

9 purchase of an investment item for the purpose of acquir10 ing a new inventory item for sale or anticipated sale dur11 ing the current fiscal year or a subsequent fiscal year to 

12 customers of the Department of Defense Working Capital 

13 Funds if such an item would not have been chargeable 

14 to the Department of Defense Business Operations Fund 

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

16 investment item would be chargeable during the current 

17 fiscal year to appropriations made to the Department of 

18 Defense for procurement. 

19 (b) The fiscal year 2018 budget request for the De20 partment of Defense as well as all justification material 

21 and other documentation supporting the fiscal year 2018 

22 Department of Defense budget shall be prepared and sub23 mitted to the Congress on the basis that any equipment 

24 which was classified as an end item and funded in a pro25 curement appropriation contained in this Act shall be 


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1 budgeted for in a proposed fiscal year 2018 procurement 

2 appropriation and not in the supply management business 

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

4 Defense Working Capital Funds. 

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

6 Act for programs of the Central Intelligence Agency shall 

7 remain available for obligation beyond the current fiscal 

8 year, except for funds appropriated for the Reserve for 

9 Contingencies, which shall remain available until Sep10 tember 30, 2018: Provided, That funds appropriated, 

11 transferred, or otherwise credited to the Central Intel12 ligence Agency Central Services Working Capital Fund 

13 during this or any prior or subsequent fiscal year shall 

14 remain available until expended: Provided further, That 

15 any funds appropriated or transferred to the Central Intel16 ligence Agency for advanced research and development ac17 quisition, for agent operations, and for covert action pro18 grams authorized by the President under section 503 of 

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

20 remain available until September 30, 2018. 

21 SEC. 8035. Notwithstanding any other provision of 

22 law, funds made available in this Act for the Defense In23 telligence Agency may be used for the design, develop24 ment, and deployment of General Defense Intelligence 

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1 formation systems for the Services, the Unified and Speci2 fied Commands, and the component commands. 

3 SEC. 8036. Of the funds appropriated to the Depart4 ment of Defense under the heading ‘‘Operation and Main5 tenance, Defense-Wide’’, not less than $12,000,000 shall 

6 be made available only for the mitigation of environmental 

7 impacts, including training and technical assistance to 

8 tribes, related administrative support, the gathering of in9 formation, documenting of environmental damage, and de10 veloping a system for prioritization of mitigation and cost 

11 to complete estimates for mitigation, on Indian lands re12 sulting from Department of Defense activities. 

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

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

15 Defense unless the entity, in expending the funds, com16 plies with the Buy American Act. For purposes of this 

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

18 83 of title 41, United States Code. 

19 (b) If the Secretary of Defense determines that a per20 son has been convicted of intentionally affixing a label 

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

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

23 in America, the Secretary shall determine, in accordance 

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1 er the person should be debarred from contracting with 

2 the Department of Defense. 

3 (c) In the case of any equipment or products pur4 chased with appropriations provided under this Act, it is 

5 the sense of the Congress that any entity of the Depart6 ment of Defense, in expending the appropriation, purchase 

7 only American-made equipment and products, provided 

8 that American-made equipment and products are cost9 competitive, quality competitive, and available in a timely 

10 fashion. 

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

12 Act and hereafter shall be available for a contract for stud13 ies, analysis, or consulting services entered into without 

14 competition on the basis of an unsolicited proposal unless 

15 the head of the activity responsible for the procurement 

16 determines— 

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

18 only one source is found fully qualified to perform 

19 the proposed work; 

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

21 unsolicited proposal which offers significant sci22 entific or technological promise, represents the prod23 uct of original thinking, and was submitted in con24 fidence by one source; or 


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1 (3) the purpose of the contract is to take ad2 vantage of unique and significant industrial accom3 plishment by a specific concern, or to insure that a 

4 new product or idea of a specific concern is given fi5 nancial support: Provided, That this limitation shall 

6 not apply to contracts in an amount of less than 

7 $25,000, contracts related to improvements of equip8 ment that is in development or production, or con9 tracts as to which a civilian official of the Depart10 ment of Defense, who has been confirmed by the 

11 Senate, determines that the award of such contract 

12 is in the interest of the national defense. 

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

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

15 be used— 

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

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

18 Armed Forces or civilian employee of the depart19 ment who is transferred or reassigned from a head20 quarters activity if the member or employee’s place 

21 of duty remains at the location of that headquarters. 

22 (b) The Secretary of Defense or Secretary of a mili23 tary department may waive the limitations in subsection 

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

25 and certifies to the Committees on Appropriations of the 


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1 House of Representatives and the Senate that the grant2 ing of the waiver will reduce the personnel requirements 

3 or the financial requirements of the department. 

4 (c) This section does not apply to— 

5 (1) field operating agencies funded within the 

6 National Intelligence Program; 

7 (2) an Army field operating agency established 

8 to eliminate, mitigate, or counter the effects of im9 provised explosive devices, and, as determined by the 

10 Secretary of the Army, other similar threats; 

11 (3) an Army field operating agency established 

12 to improve the effectiveness and efficiencies of bio13 metric activities and to integrate common biometric 

14 technologies throughout the Department of Defense; 

15 or 

16 (4) an Air Force field operating agency estab17 lished to administer the Air Force Mortuary Affairs 

18 Program and Mortuary Operations for the Depart19 ment of Defense and authorized Federal entities. 

20 SEC. 8040. (a) None of the funds appropriated by 

21 this Act shall be available to convert to contractor per22 formance an activity or function of the Department of De23 fense that, on or after the date of the enactment of this 

24 Act, is performed by Department of Defense civilian em25 ployees unless— 


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

2 public-private competition that includes a most effi3 cient and cost effective organization plan developed 

4 by such activity or function; 

5 (2) the Competitive Sourcing Official deter6 mines that, over all performance periods stated in 

7 the solicitation of offers for performance of the ac8 tivity or function, the cost of performance of the ac9 tivity or function by a contractor would be less costly 

10 to the Department of Defense by an amount that 

11 equals or exceeds the lesser of— 

12 (A) 10 percent of the most efficient organi13 zation’s personnel-related costs for performance 

14 of that activity or function by Federal employ15 ees; or 

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

17 (3) the contractor does not receive an advan18 tage for a proposal that would reduce costs for the 

19 Department of Defense by— 

20 (A) not making an employer-sponsored 

21 health insurance plan available to the workers 

22 who are to be employed in the performance of 

23 that activity or function under the contract; or 

24 (B) offering to such workers an employer25 sponsored health benefits plan that requires the 


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1 employer to contribute less towards the pre2 mium or subscription share than the amount 

3 that is paid by the Department of Defense for 

4 health benefits for civilian employees under 

5 chapter 89 of title 5, United States Code. 

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

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

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

9 notwithstanding any administrative regulation, require10 ment, or policy to the contrary shall have full authority 

11 to enter into a contract for the performance of any com12 mercial or industrial type function of the Department of 

13 Defense that— 

14 (A) is included on the procurement list estab15 lished pursuant to section 2 of the Javits-Wagner16 O’Day Act (section 8503 of title 41, United States 

17 Code); 

18 (B) is planned to be converted to performance 

19 by a qualified nonprofit agency for the blind or by 

20 a qualified nonprofit agency for other severely handi21 capped individuals in accordance with that Act; or 

22 (C) is planned to be converted to performance 

23 by a qualified firm under at least 51 percent owner24 ship by an Indian tribe, as defined in section 4(e) 

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1 sistance Act (25 U.S.C. 450b(e)), or a Native Ha2 waiian Organization, as defined in section 8(a)(15) 

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

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

5 or contracts for depot maintenance as provided in sections 

6 2469 and 2474 of title 10, United States Code. 

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

8 Department of Defense under the authority provided by 

9 this section shall be credited toward any competitive or 

10 outsourcing goal, target, or measurement that may be es11 tablished by statute, regulation, or policy and is deemed 

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

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

14 States Code, for the competition or outsourcing of com15 mercial activities. 

16 (RESCISSIONS)

17 SEC. 8041. Of the funds appropriated in Department 

18 of Defense Appropriations Acts, the following funds are 

19 hereby rescinded from the following accounts and pro20 grams in the specified amounts: Provided, That no 

21 amounts may be rescinded from amounts that were des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism or as an emergency re24 quirement pursuant to the Concurrent Resolution on the 


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1 Budget or the Balanced Budget and Emergency Deficit 

2 Control Act of 1985, as amended: 

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

4 $15,000,000; 

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

6 $30,000,000; 

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

8 $150,000,000; 

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

10 $16,698,000; 

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

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

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

14 2017, $65,800,000; 

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

16 2016/2018, $13,000,000; 

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

18 $58,000,000; 

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

20 $6,755,000; 

21 (10) ‘‘Weapons Procurement, Navy’’, 2016/ 

22 2018, $15,413,000; 

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

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


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

2 2016/2020, $276,906,000; 

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

4 $54,394,000; 

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

6 2018, $178,300,000; 

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

8 2018, $23,250,000; 

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

10 $2,600,000; 

11 (17) ‘‘Research, Development, Test and Evalua12 tion, Army’’, 2016/2017, $73,000,000; 

13 (18) ‘‘Research, Development, Test and Evalua14 tion, Navy’’, 2016/2017, $75,000,000; 

15 (19) ‘‘Research, Development, Test and Evalua16 tion, Air Force’’, 2016/2017, $181,700,000; and 

17 (20) ‘‘Research, Development, Test and Evalua18 tion, Defense-wide’’, 2016/2017, $3,000,000. 

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

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

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

23 Reserve for the purpose of applying any administratively 

24 imposed civilian personnel ceiling, freeze, or reduction on 

25 military technicians (dual status), unless such reductions 


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

3 SEC. 8043. None of the funds appropriated or other4 wise made available in this Act may be obligated or ex5 pended for assistance to the Democratic People’s Republic 

6 of Korea unless specifically appropriated for that purpose. 

7 SEC. 8044. Funds appropriated in this Act for oper8 ation and maintenance of the Military Departments, Com9 batant Commands and Defense Agencies shall be available 

10 for reimbursement of pay, allowances and other expenses 

11 which would otherwise be incurred against appropriations 

12 for the National Guard and Reserve when members of the 

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

15 Agencies and Joint Intelligence Activities, including the 

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

18 Provided, That nothing in this section authorizes deviation 

19 from established Reserve and National Guard personnel 

20 and training procedures. 

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

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

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


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

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

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

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

8 bearings other than those produced by a domestic source 

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

10 the military department responsible for such procurement 

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

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

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

18 That this restriction shall not apply to the purchase of 

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

20 United States Code, except that the restriction shall apply 

21 to ball or roller bearings purchased as end items. 

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

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

25 procurements are open for award to all certified providers 


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

3 offers the best value to the government. 

4 SEC. 8048. In addition to the amounts appropriated 

5 or otherwise made available elsewhere in this Act, 

6 $44,000,000 is hereby appropriated to the Department of 

7 Defense: Provided, That upon the determination of the 

8 Secretary of Defense that it shall serve the national inter9 est, the Secretary shall make grants in the amounts speci10 fied as follows: $20,000,000 to the United Service Organi11 zations and $24,000,000 to the Red Cross. 

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

13 used to purchase any supercomputer which is not manu14 factured in the United States, unless the Secretary of De15 fense certifies to the congressional defense committees 

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

17 capability for national security purposes that is not avail18 able from United States manufacturers. 

19 SEC. 8050. Notwithstanding any other provision in 

20 this Act, the Small Business Innovation Research program 

21 and the Small Business Technology Transfer program set22 asides shall be taken proportionally from all programs, 

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

24 extramural budget. 


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1 SEC. 8051. None of the funds available to the De2 partment of Defense under this Act shall be obligated or 

3 expended to pay a contractor under a contract with the 

4 Department of Defense for costs of any amount paid by 

5 the contractor to an employee when— 

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

7 excess of the normal salary paid by the contractor 

8 to the employee; and 

9 (2) such bonus is part of restructuring costs as10 sociated with a business combination. 

11 (INCLUDING TRANSFER OF FUNDS)

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

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

14 under the heading ‘‘Operation and Maintenance, Defense15 Wide’’ may be transferred to appropriations available for 

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

17 be available for the same time period as the appropriations 

18 to which transferred, to be used in support of such per19 sonnel in connection with support and services for eligible 

20 organizations and activities outside the Department of De21 fense pursuant to section 2012 of title 10, United States 

22 Code. 

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

24 of an appropriation account of the Department of Defense 

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1 pired or which has closed under the provisions of section 

2 1552 of title 31, United States Code, and which has a 

3 negative unliquidated or unexpended balance, an obliga4 tion or an adjustment of an obligation may be charged 

5 to any current appropriation account for the same purpose 

6 as the expired or closed account if— 

7 (1) the obligation would have been properly 

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

9 closed account before the end of the period of avail10 ability or closing of that account; 

11 (2) the obligation is not otherwise properly 

12 chargeable to any current appropriation account of 

13 the Department of Defense; and 

14 (3) in the case of an expired account, the obli15 gation is not chargeable to a current appropriation 

16 of the Department of Defense under the provisions 

17 of section 1405(b)(8) of the National Defense Au18 thorization Act for Fiscal Year 1991, Public Law 

19 101–510, as amended (31 U.S.C. 1551 note): Pro20 vided, That in the case of an expired account, if sub21 sequent review or investigation discloses that there 

22 was not in fact a negative unliquidated or unex23 pended balance in the account, any charge to a cur24 rent account under the authority of this section shall 

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1 count: Provided further, That the total amount 

2 charged to a current appropriation under this sec3 tion may not exceed an amount equal to 1 percent 

4 of the total appropriation for that account. 

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

6 of law, the Chief of the National Guard Bureau may per7 mit the use of equipment of the National Guard Distance 

8 Learning Project by any person or entity on a space-avail9 able, reimbursable basis. The Chief of the National Guard 

10 Bureau shall establish the amount of reimbursement for 

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

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

13 credited to funds available for the National Guard Dis14 tance Learning Project and be available to defray the costs 

15 associated with the use of equipment of the project under 

16 that subsection. Such funds shall be available for such 

17 purposes without fiscal year limitation. 

18 SEC. 8055. None of the funds available to the De19 partment of Defense may be obligated to modify command 

20 and control relationships to give Fleet Forces Command 

21 operational and administrative control of United States 

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

23 the command and control relationships which existed on 

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

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1 ther, That this section does not apply to administrative 

2 control of Navy Air and Missile Defense Command. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8056. Of the funds appropriated in this Act 

5 under the heading ‘‘Operation and Maintenance, Defense6 wide’’, $25,000,000 shall be for continued implementation 

7 and expansion of the Sexual Assault Special Victims’ 

8 Counsel Program: Provided, That the funds are made 

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

10 Department of the Navy, and the Department of the Air 

11 Force: Provided further, That funds transferred shall be 

12 merged with and available for the same purposes and for 

13 the same time period as the appropriations to which the 

14 funds are transferred: Provided further, That this transfer 

15 authority is in addition to any other transfer authority 

16 provided in this Act. 

17 SEC. 8057. None of the funds appropriated in title 

18 IV of this Act may be used to procure end-items for deliv19 ery to military forces for operational training, operational 

20 use or inventory requirements: Provided, That this restric21 tion does not apply to end-items used in development, 

22 prototyping, and test activities preceding and leading to 

23 acceptance for operational use: Provided further, That this 

24 restriction does not apply to programs funded within the 

25 National Intelligence Program: Provided further, That the 


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1 Secretary of Defense may waive this restriction on a case2 by-case basis by certifying in writing to the Committees 

3 on Appropriations of the House of Representatives and the 

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

5 so. 

6 SEC. 8058. (a) The Secretary of Defense may, on a 

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

8 each limitation on the procurement of defense items from 

9 foreign sources provided in law if the Secretary determines 

10 that the application of the limitation with respect to that 

11 country would invalidate cooperative programs entered 

12 into between the Department of Defense and the foreign 

13 country, or would invalidate reciprocal trade agreements 

14 for the procurement of defense items entered into under 

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

16 country does not discriminate against the same or similar 

17 defense items produced in the United States for that coun18 try. 

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

20 (1) contracts and subcontracts entered into on 

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

22 (2) options for the procurement of items that 

23 are exercised after such date under contracts that 

24 are entered into before such date if the option prices 


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1 are adjusted for any reason other than the applica2 tion of a waiver granted under subsection (a). 

3 (c) Subsection (a) does not apply to a limitation re4 garding construction of public vessels, ball and roller bear5 ings, food, and clothing or textile materials as defined by 

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

7 Schedule of the United States and products classified 

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

9 6505, 7019, 7218 through 7229, 7304.41 through 

10 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

11 8211, 8215, and 9404. 

12 SEC. 8059. None of the funds appropriated or other13 wise made available by this or other Department of De14 fense Appropriations Acts may be obligated or expended 

15 for the purpose of performing repairs or maintenance to 

16 military family housing units of the Department of De17 fense, including areas in such military family housing 

18 units that may be used for the purpose of conducting offi19 cial Department of Defense business. 

20 SEC. 8060. Notwithstanding any other provision of 

21 law, funds appropriated in this Act under the heading 

22 ‘‘Research, Development, Test and Evaluation, Defense23 Wide’’ for any new start advanced concept technology 

24 demonstration project or joint capability demonstration 

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1 cluding a description of the project, the planned acquisi2 tion and transition strategy and its estimated annual and 

3 total cost, has been provided in writing to the congres4 sional defense committees: Provided, That the Secretary 

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

6 basis by certifying to the congressional defense committees 

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

8 SEC. 8061. The Secretary of Defense shall continue 

9 to provide a classified quarterly report to the House and 

10 Senate Appropriations Committees, Subcommittees on 

11 Defense on certain matters as directed in the classified 

12 annex accompanying this Act. 

13 SEC. 8062. Notwithstanding section 12310(b) of title 

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

15 the National Guard serving on full-time National Guard 

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

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

19 SEC. 8063. None of the funds provided in this Act 

20 may be used to transfer to any nongovernmental entity 

21 ammunition held by the Department of Defense that has 

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

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

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


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

3 to demonstrate to the satisfaction of the Department of 

4 Defense that armor piercing projectiles are either: 

5 (1) rendered incapable of reuse by the demili6 tarization process; or 

7 (2) used to manufacture ammunition pursuant 

8 to a contract with the Department of Defense or the 

9 manufacture of ammunition for export pursuant to 

10 a License for Permanent Export of Unclassified 

11 Military Articles issued by the Department of State. 

12 SEC. 8064. Notwithstanding any other provision of 

13 law, the Chief of the National Guard Bureau, or his des14 ignee, may waive payment of all or part of the consider15 ation that otherwise would be required under section 2667 

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

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

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

19 United States Code, or any other youth, social, or fra20 ternal nonprofit organization as may be approved by the 

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

22 a case-by-case basis. 

23 (INCLUDING TRANSFER OF FUNDS)

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

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


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1 $75,950,170 shall remain available until expended: Pro2 vided, That, notwithstanding any other provision of law, 

3 the Secretary of Defense is authorized to transfer such 

4 funds to other activities of the Federal Government: Pro5 vided further, That the Secretary of Defense is authorized 

6 to enter into and carry out contracts for the acquisition 

7 of real property, construction, personal services, and oper8 ations related to projects carrying out the purposes of this 

9 section: Provided further, That contracts entered into 

10 under the authority of this section may provide for such 

11 indemnification as the Secretary determines to be nec12 essary: Provided further, That projects authorized by this 

13 section shall comply with applicable Federal, State, and 

14 local law to the maximum extent consistent with the na15 tional security, as determined by the Secretary of Defense. 

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

17 or any other Act may be used to take any action to mod18 ify— 

19 (1) the appropriations account structure for the 

20 National Intelligence Program budget, including 

21 through the creation of a new appropriation or new 

22 appropriation account; 

23 (2) how the National Intelligence Program 

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


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1 R–1, and O–1 documents supporting the Depart2 ment of Defense budget request; 

3 (3) the process by which the National Intel4 ligence Program appropriations are apportioned to 

5 the executing agencies; or 

6 (4) the process by which the National Intel7 ligence Program appropriations are allotted, obli8 gated and disbursed. 

9 (b) Nothing in section (a) shall be construed to pro10 hibit the merger of programs or changes to the National 

11 Intelligence Program budget at or below the Expenditure 

12 Center level, provided such change is otherwise in accord13 ance with paragraphs (a)(1)-(3). 

14 (c) The Director of National Intelligence and the Sec15 retary of Defense may jointly, only for the purposes of 

16 achieving auditable financial statements and improving 

17 fiscal reporting, study and develop detailed proposals for 

18 alternative financial management processes. Such study 

19 shall include a comprehensive counterintelligence risk as20 sessment to ensure that none of the alternative processes 

21 will adversely affect counterintelligence. 

22 (d) Upon development of the detailed proposals de23 fined under subsection (c), the Director of National Intel24 ligence and the Secretary of Defense shall— 


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1 (1) provide the proposed alternatives to all af2 fected agencies; 

3 (2) receive certification from all affected agen4 cies attesting that the proposed alternatives will help 

5 achieve auditability, improve fiscal reporting, and 

6 will not adversely affect counterintelligence; and 

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

8 necessary certifications under paragraph (2), present 

9 the proposed alternatives and certifications to the 

10 congressional defense and intelligence committees. 

11 (e) This section shall not be construed to alter or af12 fect the application of section 1633 of the National De13 fense Authorization Act for Fiscal Year 2016 to the 

14 amounts made available by this Act. 

15 SEC. 8067. In addition to amounts provided else16 where in this Act, $5,000,000 is hereby appropriated to 

17 the Department of Defense, to remain available for obliga18 tion until expended: Provided, That notwithstanding any 

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

20 Secretary of Defense that it shall serve the national inter21 est, these funds shall be available only for a grant to the 

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

23 and furnishing of additional Fisher Houses to meet the 

24 needs of military family members when confronted with 


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1 the illness or hospitalization of an eligible military bene2 ficiary. 

3 (INCLUDING TRANSFER OF FUNDS)

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

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

6 ‘‘Research, Development, Test and Evaluation, Defense7 Wide’’, $600,735,000 shall be for the Israeli Cooperative 

8 Programs: Provided, That of this amount, $62,000,000 

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

11 defense system to counter short-range rocket threats, sub12 ject to the U.S.-Israel Iron Dome Procurement Agree13 ment, as amended; $266,511,000 shall be for the Short 

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

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

17 be for co-production activities of SRBMD missiles in the 

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

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

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

23 co-production agreement for SRBMD; $204,893,000 shall 

24 be for an upper-tier component to the Israeli Missile De25 fense Architecture, of which $120,000,000 shall be for coVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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1 production activities of Arrow 3 Upper Tier missiles in 

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

3 requirements consistent with each nation’s laws, regula4 tions, and procedures, of which not more than 

5 $70,000,000, subject to previously established transfer 

6 procedures, may be obligated or expended until establish7 ment of a U.S.-Israeli co-production agreement for Arrow 

8 3 Upper Tier; and $67,331,000 shall be for the Arrow 

9 System Improvement Program including development of 

10 a long range, ground and airborne, detection suite: Pro11 vided further, That the transfer authority provided under 

12 this provision is in addition to any other transfer authority 

13 contained in this Act. 

14 (INCLUDING TRANSFER OF FUNDS)

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

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

17 $160,274,000 shall be available until September 30, 2017, 

18 to fund prior year shipbuilding cost increases: Provided, 

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

20 Navy shall transfer funds to the following appropriations 

21 in the amounts specified: Provided further, That the 

22 amounts transferred shall be merged with and be available 

23 for the same purposes as the appropriations to which 

24 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. 8070. 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. 8071. 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. 8072. 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. 8073. 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. 8074. 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. 8075. None of the funds appropriated or made 

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

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

19 the WC–130 Weather Reconnaissance mission below the 

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

21 shall allow the 53rd Weather Reconnaissance Squadron to 

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

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

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

4 pertaining to United States persons shall only be handled 

5 in accordance with protections provided in the Fourth 

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

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

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

11 current tactical unmanned aerial vehicles (TUAVs) from 

12 the Army. 

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

17 aerial vehicles. 

18 SEC. 8078. 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. 8079. 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. 8080. 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. 8081. (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. 8082. 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. 8083. 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. 8084. 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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1 SEC. 8085. (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 

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1 programming of funds; this notification period may be re2 duced for urgent national security requirements. 

3 SEC. 8086. 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. 8087. 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. 8088. 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. 8089. 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. 8090. 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. 8091. (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. 8092. (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. 8093. 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. 8094. 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. 8095. None of the funds appropriated or other25 wise made available by this Act may be used by the DeVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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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. 8096. 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. 8097. 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. 8098. (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. 8099. 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. 8100. 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. 8101. 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. 8102. (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. 8103. 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. 8104. (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. 8105. 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 acVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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1 cordance with section 1042 of the National Defense Au2 thorization Act for Fiscal Year 2012. 

3 SEC. 8106. The Secretary of Defense shall post grant 

4 awards on a public Web site in a searchable format. 

5 SEC. 8107. 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. 8108. 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. 8109. 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. 8110. 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. 8111. 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. 8112. 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. 8113. 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. 8114. 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. 8115. 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. 8116. 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. 8117. 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. 8118. 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. 8119. 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. 8120. 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. 8121. 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. 8122. 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. 8123. 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. 8124. 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 

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1 67, CG-68, CG-69, CG-70, CG-71, CG-72, CG-73, and the 

2 Whidbey Island-class dock landing ships LSD-41, LSD3 42, and LSD-46: Provided, That funds transferred shall 

4 be merged with and be available for the same purposes 

5 and for the same time period as the appropriation to which 

6 they are transferred: Provided further, That the transfer 

7 authority provided herein shall be in addition to any other 

8 transfer authority provided in the Act: Provided further, 

9 That the Secretary of the Navy shall, not less than 30 

10 days prior to making any transfer from the ‘‘Ship Mod11 ernization, Operations and Sustainment Fund’’, notify the 

12 congressional defense committees in writing of the details 

13 of such transfer: Provided further, That the Secretary of 

14 the Navy shall transfer and obligate funds from the ‘‘Ship 

15 Modernization, Operations and Sustainment Fund’’ for 

16 modernization of not more than two Ticonderoga-class 

17 guided missile cruisers: Provided further, That no more 

18 than six Ticonderoga-class guided missile cruisers shall be 

19 in a phased modernization at any time: Provided further, 

20 That the Secretary of the Navy shall contract for the re21 quired modernization equipment in the year prior to in22 ducting a Ticonderoga-class cruiser for modernization: 

23 Provided further, That the prohibition in section 2244a(a) 

24 of title 10, United States Code, shall not apply to the use 

25 of any funds transferred pursuant to this section. 


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1 SEC. 8125. The Secretary of Defense may use up to 

2 $95,000,000 appropriated in titles II and IV of this Act 

3 to develop, replace, and sustain Federal Government secu4 rity and suitability background investigation information 

5 technology systems of the Office of Personnel Manage6 ment: Provided, That such funds shall supplement, not 

7 supplant any other amounts made available to other Fed8 eral agencies for such purposes. 

9 SEC. 8126. None of the funds made available by this 

10 Act for the Joint Surveillance Target Attack Radar Sys11 tem recapitalization program may be obligated or ex12 pended for pre-milestone B activities after December 31, 

13 2017. 

14 SEC. 8127. Using funds made available by this Act 

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

16 to a determination under section 2918 of title 10, United 

17 States Code, may implement cost-effective agreements for 

18 required heating facility modernization in the 

19 Kaiserslautern Military Community in the Federal Repub20 lic of Germany: Provided, That in the City of 

21 Kaiserslautern and at the Rhine Ordnance Barracks area, 

22 such agreements shall include the use of energy sourced 

23 domestically within the United States as the base load en24 ergy for municipal district heat to the United States De25 fense installations: Provided further, That at Landstuhl 


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1 Army Regional Medical Center and Ramstein Air Base, 

2 furnished heat may be obtained from private, regional or 

3 municipal services, if provisions are included for the con4 sideration of domestically sourced United States energy 

5 sources. 

6 SEC. 8128. Of the amounts made available by this 

7 Act for ‘‘Defense Working Capital Funds’’ that are pro8 vided for the Defense Working Capital Fund, Defense 

9 Commissary Agency (DeCA), not less than $48,000,000 

10 shall be used to support the transportation of fresh fruits 

11 and vegetables to commissaries in Asia and the Pacific. 

12 SEC. 8129. None of the funds provided in this Act 

13 shall be used for the acceptance of fresh fruits and vegeta14 bles at any commissary in Asia and the Pacific unless such 

15 fresh fruits and vegetables were grown within the country 

16 in which the commissary was located or were accepted for 

17 use by the Defense Commissary Agency at a location in 

18 the continental United States. 

19 SEC. 8130. None of the funds made available in this 

20 Act or any other Act making appropriations for the De21 partment of Defense may be used to close, in part or in 

22 whole, or transfer, in part or in whole, from the jurisdic23 tion of the Department of Defense of the United States, 

24 Naval Station Guantanamo Bay. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8131. In addition to amounts provided else3 where in this Act for military personnel pay, including ac4 tive duty, reserve and National Guard personnel, 

5 $340,000,000 is hereby appropriated to the Department 

6 of Defense and made available for transfer only to military 

7 personnel accounts: Provided, That the transfer authority 

8 provided under this heading is in addition to any other 

9 transfer authority provided elsewhere in this Act. 

10 SEC. 8132. None of the funds made available by this 

11 Act may be used to enforce section 526 of the Energy 

12 Independence and Security Act of 2007 (Public Law 110- 

13 140; 42 U.S.C. 17142). 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8133. Additional readiness funds made available 

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

17 Army’’, ‘‘Operation and Maintenance, Navy’’, ‘‘Operation 

18 and Maintenance, Marine Corps’’, and ‘‘Operation and 

19 Maintenance, Air Force’’ may be transferred to and 

20 merged with any appropriation of the Department of De21 fense for activities related to the Zika virus in order to 

22 provide health support for the full range of military oper23 ations and sustain the health of the members of the Armed 

24 Forces, civilian employees of the Department of Defense, 

25 and their families, to include: research and development, 


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1 disease surveillance, vaccine development, rapid detection, 

2 vector controls and surveillance, training, and outbreak re3 sponse: Provided, That the authority provided in this sec4 tion is subject to the same terms and conditions as the 

5 authority provided in Sec. 8005 of this Act. 

6 SEC. 8134. (a) The Secretary of Defense may provide 

7 from funds appropriated in title II of this Act up to 

8 $5,000,000 for financial support for military service me9 morials and museums in the acquisition, installation, and 

10 maintenance of exhibits, facilities, and programs that 

11 highlight the role of women in the military. 

12 (b)(1) Subject to paragraph (2), the Secretary may 

13 carry out subsection (a) by entering into contracts with 

14 nonprofit organizations under which such an organization 

15 shall carry out the activities described in such subsection. 

16 (2) The Secretary may not enter into a contract 

17 under paragraph (1) until the congressional defense com18 mittees have received a report from the Secretary that de19 scribes how the use of such a contract will help educate 

20 and inform the public on the history and mission of the 

21 military, or support training and leadership development 

22 of military personnel, and is in the best interests of the 

23 Department of Defense. 

24 SEC. 8135. (a) None of the funds made available in 

25 this Act may be used to maintain or establish a computer 


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1 network unless such network blocks the viewing, 

2 downloading, and exchanging of pornography. 

3 (b) Nothing in subsection (a) shall limit the use of 

4 funds necessary for any Federal, State, tribal, or local law 

5 enforcement agency or any other entity carrying out crimi6 nal investigations, prosecution, or adjudication activities, 

7 or for any activity necessary for the national defense, in8 cluding intelligence activities. 

9 SEC. 8136. None of the funds made available by this 

10 Act may be used to carry out the changes to the Joint 

11 Travel Regulations of the Department of Defense de12 scribed in the memorandum of the Per Diem Travel and 

13 Transportation Allowance Committee titled ‘‘UTD/CTD 

14 for MAP 118–13/CAP 118–13—Flat Rate Per Diem for 

15 Long Term TDY’’ and dated October 1, 2014. 

16 TITLE IX 

17 OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 

18 WAR ON TERRORISM 

19 MILITARY PERSONNEL 

20 MILITARY PERSONNEL, ARMY

21 For an additional amount for ‘‘Military Personnel, 

22 Army’’, $2,426,130,000: Provided, That such amount is 

23 designated by the Congress for Overseas Contingency Op24 erations/Global War on Terrorism pursuant to section 

25 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 


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1 Deficit Control Act of 1985: Provided further, That of the 

2 amount provided under this heading, $1,154,828,000 shall 

3 be made available to support base budget requirements as 

4 detailed in the appropriate account table included under 

5 the heading ‘‘Title IX – Overseas Contingency Operations/ 

6 Global War on Terrorism’’ in the report accompanying 

7 this Act. 

8 MILITARY PERSONNEL, NAVY

9 For an additional amount for ‘‘Military Personnel, 

10 Navy’’, $257,501,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985: Provided further, That of the 

15 amount provided under this heading, $63,500,000 shall be 

16 made available to support base budget requirements as de17 tailed in the appropriate account table included under the 

18 heading ‘‘Title IX – Overseas Contingency Operations/ 

19 Global War on Terrorism’’ in the report accompanying 

20 this Act. 

21 MILITARY PERSONNEL, MARINE CORPS

22 For an additional amount for ‘‘Military Personnel, 

23 Marine Corps’’, $453,542,000: Provided, That such 

24 amount is designated by the Congress for Overseas Con25 tingency Operations/Global War on Terrorism pursuant to 


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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985: Provided further, 

3 That of the amount provided under this heading, 

4 $349,000,000 shall be made available to support base 

5 budget requirements as detailed in the appropriate ac6 count table included under the heading ‘‘Title IX – Over7 seas Contingency Operations/Global War on Terrorism’’ in 

8 the report accompanying this Act. 

9 MILITARY PERSONNEL, AIR FORCE

10 For an additional amount for ‘‘Military Personnel, 

11 Air Force’’, $591,792,000: Provided, That such amount 

12 is designated by the Congress for Overseas Contingency 

13 Operations/Global War on Terrorism pursuant to section 

14 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985: Provided further, That of the 

16 amount provided under this heading, $145,000,000 shall 

17 be made available to support base budget requirements as 

18 detailed in the appropriate account table included under 

19 the heading ‘‘Title IX – Overseas Contingency Operations/ 

20 Global War on Terrorism’’ in the report accompanying 

21 this Act. 

22 RESERVE PERSONNEL, ARMY

23 For an additional amount for ‘‘Reserve Personnel, 

24 Army’’, $203,174,000: Provided, That such amount is 

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1 erations/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, $172,362,000 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 RESERVE PERSONNEL, NAVY

11 For an additional amount for ‘‘Reserve Personnel, 

12 Navy’’, $7,905,000: 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. 

17 RESERVE PERSONNEL, MARINE CORPS

18 For an additional amount for ‘‘Reserve Personnel, 

19 Marine Corps’’, $3,087,000: Provided, That such amount 

20 is designated by the Congress for Overseas Contingency 

21 Operations/Global War on Terrorism pursuant to section 

22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 


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1 RESERVE PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Reserve Personnel, 

3 Air Force’’, $15,979,000: Provided, That such amount is 

4 designated by the Congress for Overseas Contingency Op5 erations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 NATIONAL GUARD PERSONNEL, ARMY

9 For an additional amount for ‘‘National Guard Per10 sonnel, Army’’, $436,968,000: Provided, That such 

11 amount is designated by the Congress for Overseas Con12 tingency Operations/Global War on Terrorism pursuant to 

13 section 251(b)(2)(A)(ii) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985: Provided further, 

15 That of the amount provided under this heading, 

16 $316,454,000 shall be made available to support base 

17 budget requirements as detailed in the appropriate ac18 count table included under the heading ‘‘Title IX – Over19 seas Contingency Operations/Global War on Terrorism’’ in 

20 the report accompanying this Act. 

21 NATIONAL GUARD PERSONNEL, AIR FORCE

22 For an additional amount for ‘‘National Guard Per23 sonnel, Air Force’’, $4,125,000: Provided, That such 

24 amount is designated by the Congress for Overseas Con25 tingency Operations/Global War on Terrorism pursuant to 


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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE 

4 OPERATION AND MAINTENANCE, ARMY

5 For an additional amount for ‘‘Operation and Main6 tenance, Army’’, $12,582,680,000: Provided, That such 

7 amount is designated by the Congress for Overseas Con8 tingency Operations/Global War on Terrorism pursuant to 

9 section 251(b)(2)(A)(ii) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985: Provided further, 

11 That of the amount provided under this heading, 

12 $2,186,672,000 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, NAVY

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Operation and Main20 tenance, Navy’’, $5,029,252,000, of which up to 

21 $162,692,000 may be transferred to the Coast Guard 

22 ‘‘Operating Expenses’’ account: Provided, That such 

23 amount is designated by the Congress for Overseas Con24 tingency Operations/Global War on Terrorism pursuant to 

25 section 251(b)(2)(A)(ii) of the Balanced Budget and 


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1 Emergency Deficit Control Act of 1985: Provided further, 

2 That of the amount provided under this heading, 

3 $1,082,170,000 shall be made available to support base 

4 budget requirements as detailed in the appropriate ac5 count table included under the heading ‘‘Title IX – Over6 seas Contingency Operations/Global War on Terrorism’’ in 

7 the report accompanying this Act. 

8 OPERATION AND MAINTENANCE, MARINE CORPS

9 For an additional amount for ‘‘Operation and Main10 tenance, Marine Corps’’, $916,496,000: 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 $166,900,000 shall be made available to support base 

17 budget requirements as detailed in the appropriate ac18 count table included under the heading ‘‘Title IX – Over19 seas Contingency Operations/Global War on Terrorism’’ in 

20 the report accompanying this Act. 

21 OPERATION AND MAINTENANCE, AIR FORCE

22 For an additional amount for ‘‘Operation and Main23 tenance, Air Force’’, $6,870,406,000: Provided, That such 

24 amount is designated by the Congress for Overseas Con25 tingency Operations/Global War on Terrorism pursuant to 


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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985: Provided further, 

3 That of the amount provided under this heading, 

4 $960,626,000 shall be made available to support base 

5 budget requirements as detailed in the appropriate ac6 count table included under the heading ‘‘Title IX – Over7 seas Contingency Operations/Global War on Terrorism’’ in 

8 the report accompanying this Act. 

9 OPERATION AND MAINTENANCE, DEFENSE-WIDE

10 For an additional amount for ‘‘Operation and Main11 tenance, Defense-Wide’’, $3,895,434,000: Provided, That 

12 of the funds provided under this heading, not to exceed 

13 $1,100,000,000, to remain available until September 30, 

14 2018, shall be for payments to reimburse key cooperating 

15 nations for logistical, military, and other support, includ16 ing access, provided to United States military and stability 

17 operations in Afghanistan and to counter the Islamic 

18 State of Iraq and the Levant: Provided further, That such 

19 reimbursement payments may be made in such amounts 

20 as the Secretary of Defense, with the concurrence of the 

21 Secretary of State, and in consultation with the Director 

22 of the Office of Management and Budget, may determine, 

23 based on documentation determined by the Secretary of 

24 Defense to adequately account for the support provided, 

25 and such determination is final and conclusive upon the 


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1 accounting officers of the United States, and 15 days fol2 lowing notification to the appropriate congressional com3 mittees: Provided further, That these funds may be used 

4 for the purpose of providing specialized training and pro5 curing supplies and specialized equipment and providing 

6 such supplies and loaning such equipment on a non-reim7 bursable basis to coalition forces supporting United States 

8 military and stability operations in Afghanistan and to 

9 counter the Islamic State of Iraq and the Levant, and 15 

10 days following notification to the appropriate congres11 sional committees: Provided further, That these funds may 

12 be used to support the Government of Jordan, in such 

13 amounts as the Secretary of Defense may determine, to 

14 enhance the ability of the armed forces of Jordan to in15 crease or sustain security along its borders, upon 15 days 

16 prior written notification to the congressional defense 

17 committees outlining the amounts intended to be provided 

18 and the nature of the expenses incurred: Provided further, 

19 That of the funds provided under this heading, up to 

20 $30,000,000 shall be for Operation Observant Compass: 

21 Provided further, That the Secretary of Defense shall pro22 vide quarterly reports to the congressional defense com23 mittees on the use of funds provided in this paragraph: 

24 Provided further, That such amount is designated by the 

25 Congress for Overseas Contingency Operations/Global 


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1 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

2 the Balanced Budget and Emergency Deficit Control Act 

3 of 1985: Provided further, That of the amount provided 

4 under this heading, $351,000,000 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 OPERATION AND MAINTENANCE, ARMY RESERVE

10 For an additional amount for ‘‘Operation and Main11 tenance, Army Reserve’’, $272,047,000: Provided, That 

12 such amount is designated by the Congress for Overseas 

13 Contingency Operations/Global War on Terrorism pursu14 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

15 and Emergency Deficit Control Act of 1985: Provided fur16 ther, That of the amount provided under this heading, 

17 $186,381,000 shall be made available to support base 

18 budget requirements as detailed in the appropriate ac19 count table included under the heading ‘‘Title IX – Over20 seas Contingency Operations/Global War on Terrorism’’ in 

21 the report accompanying this Act. 

22 OPERATION AND MAINTENANCE, NAVY RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Navy Reserve’’, $138,019,000: Provided, That 

25 such amount is designated by the Congress for Overseas 


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1 Contingency Operations/Global War on Terrorism pursu2 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

3 and Emergency Deficit Control Act of 1985: Provided fur4 ther, That of the amount provided under this heading, 

5 $112,350,000 shall be made available to support base 

6 budget requirements as detailed in the appropriate ac7 count table included under the heading ‘‘Title IX – Over8 seas Contingency Operations/Global War on Terrorism’’ in 

9 the report accompanying this Act. 

10 OPERATION AND MAINTENANCE, MARINE CORPS

11 RESERVE

12 For an additional amount for ‘‘Operation and Main13 tenance, Marine Corps Reserve’’, $29,628,000: Provided, 

14 That such amount is designated by the Congress for Over15 seas Contingency Operations/Global War on Terrorism 

16 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985: Pro18 vided further, That of the amount provided under this 

19 heading, $24,550,000 shall be made available to support 

20 base budget requirements as detailed in the appropriate 

21 account table included under the heading ‘‘Title IX – 

22 Overseas Contingency Operations/Global War on Ter23 rorism’’ in the report accompanying this Act. 


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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force Reserve’’, $72,723,000: Provided, That 

4 such amount is designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985: Provided fur8 ther, That of the amount provided under this heading, 

9 $27,550,000 shall be made available to support base budg10 et requirements as detailed in the appropriate account 

11 table included under the heading ‘‘Title IX – Overseas 

12 Contingency Operations/Global War on Terrorism’’ in the 

13 report accompanying this Act. 

14 OPERATION AND MAINTENANCE, ARMY NATIONAL

15 GUARD

16 For an additional amount for ‘‘Operation and Main17 tenance, Army National Guard’’, $380,221,000: Provided, 

18 That such amount is designated by the Congress for Over19 seas Contingency Operations/Global War on Terrorism 

20 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

21 Budget and Emergency Deficit Control Act of 1985: Pro22 vided further, That of the amount provided under this 

23 heading, $237,880,000 shall be made available to support 

24 base budget requirements as detailed in the appropriate 

25 account table included under the heading ‘‘Title IX – 


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1 Overseas Contingency Operations/Global War on Ter2 rorism’’ in the report accompanying this Act. 

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

4 For an additional amount for ‘‘Operation and Main5 tenance, Air National Guard’’, $279,036,000: Provided, 

6 That such amount is designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism 

8 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985: Pro10 vided further, That of the amount provided under this 

11 heading, $247,950,000 shall be made available to support 

12 base budget requirements as detailed in the appropriate 

13 account table included under the heading ‘‘Title IX – 

14 Overseas Contingency Operations/Global War on Ter15 rorism’’ in the report accompanying this Act. 

16 COUNTERTERRORISM PARTNERSHIPS FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For the ‘‘Counterterrorism Partnerships Fund’’, 

19 $750,000,000, to remain available until September 30, 

20 2018: Provided, That such funds shall be available to pro21 vide support and assistance to foreign security forces or 

22 other groups or individuals to conduct, support, or facili23 tate counterterrorism and crisis response activities: Pro24 vided further, That the Secretary of Defense shall transfer 

25 the funds provided herein to other appropriations provided 


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1 for in this Act to be merged with and to be available for 

2 the same purposes and subject to the same authorities and 

3 for the same time period as the appropriation to which 

4 transferred: Provided further, That the transfer authority 

5 under this heading is in addition to any other transfer au6 thority provided elsewhere in this Act: Provided further, 

7 That the funds available under this heading are available 

8 for transfer only to the extent that the Secretary of De9 fense submits a prior approval reprogramming request to 

10 the congressional defense committees: Provided further, 

11 That upon a determination by the Secretary of Defense 

12 that all or part of the funds transferred from this appro13 priation are not necessary for the purposes herein, such 

14 amounts may be transferred back to the appropriation and 

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

16 time period as originally appropriated: Provided further, 

17 That the amount provided under this heading is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 AFGHANISTAN SECURITY FORCES FUND

23 For the ‘‘Afghanistan Security Forces Fund’’, 

24 $3,448,715,000, to remain available until September 30, 

25 2018: Provided, That such funds shall be available to the 


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1 Secretary of Defense, notwithstanding any other provision 

2 of law, for the purpose of allowing the Commander, Com3 bined Security Transition Command—Afghanistan, or the 

4 Secretary’s designee, to provide assistance, with the con5 currence of the Secretary of State, to the security forces 

6 of Afghanistan, including the provision of equipment, sup7 plies, services, training, facility and infrastructure repair, 

8 renovation, construction, and funding: Provided further, 

9 That the authority to provide assistance under this head10 ing is in addition to any other authority to provide assist11 ance to foreign nations: Provided further, That contribu12 tions of funds for the purposes provided herein from any 

13 person, foreign government, or international organization 

14 may be credited to this Fund, to remain available until 

15 expended, and used for such purposes: Provided further, 

16 That the Secretary of Defense shall notify the congres17 sional defense committees in writing upon the receipt and 

18 upon the obligation of any contribution, delineating the 

19 sources and amounts of the funds received and the specific 

20 use of such contributions: Provided further, That the Sec21 retary of Defense shall, not fewer than 15 days prior to 

22 obligating from this appropriation account, notify the con23 gressional defense committees in writing of the details of 

24 any such obligation: Provided further, That the Secretary 

25 of Defense shall notify the congressional defense commitVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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1 tees of any proposed new projects or transfer of funds be2 tween budget sub-activity groups in excess of 

3 $20,000,000: Provided further, That the United States 

4 may accept equipment procured using funds provided 

5 under this heading in this or prior Acts that was trans6 ferred to the security forces of Afghanistan and returned 

7 by such forces to the United States: Provided further, That 

8 equipment procured using funds provided under this head9 ing in this or prior Acts, and not yet transferred to the 

10 security forces of Afghanistan or transferred to the secu11 rity forces of Afghanistan and returned by such forces to 

12 the United States, may be treated as stocks of the Depart13 ment of Defense upon written notification to the congres14 sional defense committees: Provided further, That of the 

15 funds provided under this heading, not more than 

16 $25,000,000 shall be for recruitment and retention of 

17 women in the Afghanistan National Security Forces, and 

18 the recruitment and training of female security personnel: 

19 Provided further, That such amount is designated by the 

20 Congress for Overseas Contingency Operations/Global 

21 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

22 the Balanced Budget and Emergency Deficit Control Act 

23 of 1985. 


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1 COUNTER-ISLAMIC STATE OF IRAQ AND THE LEVANT

2 TRAIN AND EQUIP FUND

3 For the ‘‘Counter-Islamic State of Iraq and the Le4 vant Train and Equip Fund’’, $880,000,000, to remain 

5 available until September 30, 2018: Provided, That such 

6 funds shall be available to the Secretary of Defense, in 

7 coordination with the Secretary of State, to provide assist8 ance, including training; equipment; logistics support, sup9 plies, and services; funding, including payments and sti10 pends; infrastructure repair, renovation, and sustainment, 

11 to military and other security forces of or associated with 

12 the Government of Iraq, including Kurdish and tribal se13 curity forces or other foreign security forces, irregular 

14 forces, or groups with a security mission, to counter the 

15 Islamic State of Iraq and the Levant, and their affiliated 

16 or associated groups: Provided further, That the Secretary 

17 of Defense shall, not fewer than 15 days prior to obli18 gating from this appropriation account, notify the congres19 sional defense committees in writing of the details of any 

20 such obligation: Provided further, That the Secretary of 

21 Defense shall notify the congressional defense committees 

22 of any proposed new projects or transfer of funds between 

23 budget sub-activity groups in excess of $20,000,000: Pro24 vided further, That the United States may accept equip25 ment procured using funds provided under this heading, 


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1 or under the heading ‘‘Iraq Train and Equip Fund’’ in 

2 prior Acts, that was transferred to security forces, irreg3 ular forces, or groups participating, or preparing to par4 ticipate in activities to counter the Islamic State of Iraq 

5 and the Levant and returned by such forces or groups to 

6 the United States, may be treated as stocks of the Depart7 ment of Defense upon written notification to the congres8 sional defense committees: Provided further, That equip9 ment procured using funds provided under this heading, 

10 or under the heading, ‘‘Iraq Train and Equip Fund’’ in 

11 prior Acts, and not yet transferred to security forces, ir12 regular forces, or groups participating or preparing to par13 ticipate in activities to counter the Islamic State of Iraq 

14 and the Levant may be treated as stocks of the Depart15 ment of Defense when determined by the Secretary to no 

16 longer be required for transfer to such forces or groups 

17 and upon written notification to the congressional defense 

18 committees: Provided further, That amounts made avail19 able under this heading shall be available to provide assist20 ance only for activities in a country designated by the Sec21 retary of Defense, with the concurrence of the Secretary 

22 of State, as having a security mission to counter the Is23 lamic State of Iraq and the Levant, and following written 

24 notification to the congressional defense committees with25 in 15 days of such designation: Provided further, That the 


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1 authority to provide assistance under this heading is in 

2 addition to any other authority to provide assistance to 

3 foreign security forces, irregular forces, or groups: Pro4 vided further, That the Secretary of Defense shall ensure 

5 that prior to providing assistance to elements of any forces 

6 such elements are appropriately vetted, including, at a 

7 minimum, by assessing such elements for associations with 

8 terrorist groups or groups associated with the Government 

9 of Iran; and receiving commitments from such elements 

10 to promote respect for human rights and the rule of law: 

11 Provided further, That the Secretary of Defense may ac12 cept and retain contributions, including assistance in-kind, 

13 from foreign governments, including the Government of 

14 Iraq and other entities, to carry out assistance authorized 

15 under this heading: Provided further, That contributions 

16 of funds for the purposes provided herein from any foreign 

17 government or other entities may be credited to this Fund, 

18 to remain available until expended, and used for such pur19 poses: Provided further, That not more than 25 percent 

20 of the funds appropriated under this heading may be obli21 gated or expended until not fewer than 15 days after: (1) 

22 the Secretary of Defense submits a report to the appro23 priate congressional committees, describing the plan for 

24 the provision of such training and assistance and the 

25 forces designated to receive such assistance; and (2) the 


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1 President submits a report to the appropriate congres2 sional committees on how assistance provided under this 

3 heading supports a larger regional strategy: Provided fur4 ther, That of the amount provided under this heading, not 

5 more than 60 percent may be obligated or expended until 

6 not fewer than 15 days after the date on which the Sec7 retary of Defense certifies to the appropriate congressional 

8 committees that an amount equal to not less than 40 per9 cent of the amount provided under this heading has been 

10 contributed by other countries and entities for the pur11 poses for which funds are provided under this heading, 

12 of which at least 35 percent shall have been contributed 

13 or provided by the Government of Iraq: Provided further, 

14 That the limitation in the preceding proviso shall not 

15 apply if the Secretary of Defense determines, in writing, 

16 that the national security objectives of the United States 

17 will be compromised by the application of the limitation 

18 to such assistance, and notifies the appropriate congres19 sional committees not less than 15 days in advance of the 

20 exemption taking effect, including a justification for the 

21 Secretary’s determination and a description of the assist22 ance to be exempted from the application of such limita23 tion: Provided further, That the Secretary of Defense may 

24 waive a provision of law relating to the acquisition of items 

25 and support services or sections 40 and 40A of the Arms 


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1 Export Control Act (22 U.S.C. 2780 and 2785) if the Sec2 retary determines such provisions of law would prohibit, 

3 restrict, delay or otherwise limit the provision of such as4 sistance and a notice of and justification for such waiver 

5 is submitted to the appropriate congressional committees: 

6 Provided further, That the Secretary of Defense shall pro7 vide quarterly reports to the congressional defense com8 mittees on the use of funds provided under this heading. 

9 The reports shall include claimed numbers of members in 

10 each organization, as previously defined; numbers of ac11 tual fighters trained; ideology; status of relationship for 

12 each group; the areas of operation for each group and the 

13 scope of support provided for each group, and a listing 

14 of the countries, groups, and individuals providing assist15 ance: Provided further, That the term ‘‘appropriate con16 gressional committees’’ under this heading means the con17 gressional defense committees, the Committees on Appro18 priations and Foreign Relations of the Senate and the 

19 Committees on Appropriations and Foreign Affairs of the 

20 House of Representatives: Provided further, That amounts 

21 made available under this heading are designated by the 

22 Congress for Overseas Contingency Operations/Global 

23 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

24 the Balanced Budget and Emergency Deficit Control Act 

25 of 1985. 


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1 PROCUREMENT 

2 AIRCRAFT PROCUREMENT, ARMY

3 For an additional amount for ‘‘Aircraft Procurement, 

4 Army’’, $795,071,000, to remain available until Sep5 tember 30, 2019: Provided, That such amount is des6 ignated by the Congress for Overseas Contingency Oper7 ations/Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985: Provided further, That of the 

10 amount provided under this heading, $481,900,000 shall 

11 be made available to support base budget requirements as 

12 detailed in the appropriate account table included under 

13 the heading ‘‘Title IX – Overseas Contingency Operations/ 

14 Global War on Terrorism’’ in the report accompanying 

15 this Act. 

16 MISSILE PROCUREMENT, ARMY

17 For an additional amount for ‘‘Missile Procurement, 

18 Army’’, $828,917,000, to remain available until Sep19 tember 30, 2019: Provided, That such amount is des20 ignated by the Congress for Overseas Contingency Oper21 ations/Global War on Terrorism pursuant to section 

22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985: Provided further, That of the 

24 amount provided under this heading, $196,100,000 shall 

25 be made available to support base budget requirements as 


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1 detailed in the appropriate account table included under 

2 the heading ‘‘Title IX – Overseas Contingency Operations/ 

3 Global War on Terrorism’’ in the report accompanying 

4 this Act. 

5 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

6 VEHICLES, ARMY

7 For an additional amount for ‘‘Procurement of Weap8 ons and Tracked Combat Vehicles, Army’’, $610,544,000, 

9 to remain available until September 30, 2019: Provided, 

10 That such amount is designated by the Congress for Over11 seas Contingency Operations/Global War on Terrorism 

12 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

13 Budget and Emergency Deficit Control Act of 1985: Pro14 vided further, That of the amount provided under this 

15 heading, $212,000,000 shall be made available to support 

16 base budget requirements as detailed in the appropriate 

17 account table included under the heading ‘‘Title IX – 

18 Overseas Contingency Operations/Global War on Ter19 rorism’’ in the report accompanying this Act. 

20 PROCUREMENT OF AMMUNITION, ARMY

21 For an additional amount for ‘‘Procurement of Am22 munition, Army’’, $541,723,000, to remain available until 

23 September 30, 2019: Provided, That such amount is des24 ignated by the Congress for Overseas Contingency Oper25 ations/Global War on Terrorism pursuant to section 


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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985: Provided further, That of the 

3 amount provided under this heading, $240,200,000 shall 

4 be made available to support base budget requirements as 

5 detailed in the appropriate account table included under 

6 the heading ‘‘Title IX – Overseas Contingency Operations/ 

7 Global War on Terrorism’’ in the report accompanying 

8 this Act. 

9 OTHER PROCUREMENT, ARMY

10 For an additional amount for ‘‘Other Procurement, 

11 Army’’, $1,381,410,000, 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, $8,400,000 shall be 

18 made available to support base budget requirements as de19 tailed in the appropriate account table included under the 

20 heading ‘‘Title IX – Overseas Contingency Operations/ 

21 Global War on Terrorism’’ in the report accompanying 

22 this Act. 

23 AIRCRAFT PROCUREMENT, NAVY

24 For an additional amount for ‘‘Aircraft Procurement, 

25 Navy’’, $971,037,000, to remain available until September 


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1 30, 2019: Provided, That such amount is designated by 

2 the Congress for Overseas Contingency Operations/Global 

3 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985: Provided further, That of the amount provided 

6 under this heading, $626,714,000 shall be made available 

7 to support base budget requirements as detailed in the ap8 propriate account table included under the heading ‘‘Title 

9 IX – Overseas Contingency Operations/Global War on 

10 Terrorism’’ in the report accompanying this Act. 

11 WEAPONS PROCUREMENT, NAVY

12 For an additional amount for ‘‘Weapons Procure13 ment, Navy’’, $183,700,000, to remain available until 

14 September 30, 2019: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985: Provided further, That of the 

19 amount provided under this heading, $175,100,000 shall 

20 be made available to support base budget requirements as 

21 detailed in the appropriate account table included under 

22 the heading ‘‘Title IX – Overseas Contingency Operations/ 

23 Global War on Terrorism’’ in the report accompanying 

24 this Act. 


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1 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

2 CORPS

3 For an additional amount for ‘‘Procurement of Am4 munition, Navy and Marine Corps’’, $120,540,000, to re5 main available until September 30, 2019: 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 $58,000,000 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 SHIPBUILDING AND CONVERSION, NAVY

17 For an additional amount for ‘‘Shipbuilding and Con18 version, Navy’’, $3,086,300,000, to remain available until 

19 September 30, 2021, to be provided to the following pro20 grams: Carrier Replacement Program, (AP), 

21 $263,000,000; DDG–51 Destroyer, $433,000,000; Am22 phibious Ship Replacement LXR, $1,550,000,000; Ship to 

23 Shore Connector, $160,000,000; LCAC Service Life Ex24 tension Program, $80,300,000; and Classified Programs, 

25 $600,000,000: Provided, That such amount is designated 


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1 by the Congress for Overseas Contingency Operations/ 

2 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: Provided further, That of the 

5 amount provided under this heading, $3,086,300,000 shall 

6 be made available to support base budget requirements as 

7 detailed in the appropriate account table included under 

8 the heading ‘‘Title IX – Overseas Contingency Operations/ 

9 Global War on Terrorism’’ in the report accompanying 

10 this Act. 

11 OTHER PROCUREMENT, NAVY

12 For an additional amount for ‘‘Other Procurement, 

13 Navy’’, $214,081,000, to remain available until September 

14 30, 2019: Provided, That such amount is designated by 

15 the Congress for Overseas Contingency Operations/Global 

16 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

17 the Balanced Budget and Emergency Deficit Control Act 

18 of 1985: Provided further, That of the amount provided 

19 under this heading, $102,530,000 shall be made available 

20 to support base budget requirements as detailed in the ap21 propriate account table included under the heading ‘‘Title 

22 IX – Overseas Contingency Operations/Global War on 

23 Terrorism’’ in the report accompanying this Act. 


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1 PROCUREMENT, MARINE CORPS

2 For an additional amount for ‘‘Procurement, Marine 

3 Corps’’, $213,667,000, 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, $107,463,000 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 AIRCRAFT PROCUREMENT, AIR FORCE

16 For an additional amount for ‘‘Aircraft Procurement, 

17 Air Force’’, $2,005,549,000, to remain available until 

18 September 30, 2019: Provided, That such amount is des19 ignated by the Congress for Overseas Contingency Oper20 ations/Global War on Terrorism pursuant to section 

21 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985: Provided further, That of the 

23 amount provided under this heading, $1,295,716,000 shall 

24 be made available to support base budget requirements as 

25 detailed in the appropriate account table included under 


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1 the heading ‘‘Title IX – Overseas Contingency Operations/ 

2 Global War on Terrorism’’ in the report accompanying 

3 this Act. 

4 MISSILE PROCUREMENT, AIR FORCE

5 For an additional amount for ‘‘Missile Procurement, 

6 Air Force’’, $335,795,000, to remain available until Sep7 tember 30, 2019: Provided, That such amount is des8 ignated by the Congress for Overseas Contingency Oper9 ations/Global War on Terrorism pursuant to section 

10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985: Provided further, That of the 

12 amount provided under this heading, $194,420,000 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 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For an additional amount for ‘‘Procurement of Am20 munition, Air Force’’, $478,158,000, to remain available 

21 until September 30, 2019: 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, $323,000,000 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 OTHER PROCUREMENT, AIR FORCE

8 For an additional amount for ‘‘Other Procurement, 

9 Air Force’’, $3,479,781,000, to remain available until 

10 September 30, 2019: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 PROCUREMENT, DEFENSE-WIDE

16 For an additional amount for ‘‘Procurement, De17 fense-Wide’’, $389,134,000, to remain available until Sep18 tember 30, 2019: Provided, That such amount is des19 ignated by the Congress for Overseas Contingency Oper20 ations/Global War on Terrorism pursuant to section 

21 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985: Provided further, That of the 

23 amount provided under this heading, $170,000,000 shall 

24 be made available to support base budget requirements as 

25 detailed in the appropriate account table included under 


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1 the heading ‘‘Title IX – Overseas Contingency Operations/ 

2 Global War on Terrorism’’ in the report accompanying 

3 this Act. 

4 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

5 For procurement of rotary-wing aircraft; combat, tac6 tical and support vehicles; other weapons; and other pro7 curement items for the reserve components of the Armed 

8 Forces, $1,000,000,000, to remain available for obligation 

9 until September 30, 2019: Provided, That the Chiefs of 

10 National Guard and Reserve components shall, not later 

11 than 30 days after enactment of this Act, individually sub12 mit to the congressional defense committees the mod13 ernization priority assessment for their respective Na14 tional Guard or Reserve component: Provided further, 

15 That none of the funds made available by this paragraph 

16 may be used to procure manned fixed wing aircraft, or 

17 procure or modify missiles, munitions, or ammunition: 

18 Provided further, That such amount is designated by the 

19 Congress for Overseas Contingency Operations/Global 

20 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

21 the Balanced Budget and Emergency Deficit Control Act 

22 of 1985. 


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1 RESEARCH, DEVELOPMENT, TEST, AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 ARMY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $167,522,000, to re7 main available until September 30, 2018: Provided, That 

8 such amount is designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985: Provided fur12 ther, That of the amount provided under this heading, 

13 $67,000,000 shall be made available to support base budg14 et requirements as detailed in the appropriate account 

15 table included under the heading ‘‘Title IX – Overseas 

16 Contingency Operations/Global War on Terrorism’’ in the 

17 report accompanying this Act. 

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

19 NAVY

20 For an additional amount for ‘‘Research, Develop21 ment, Test and Evaluation, Navy’’, $106,323,000, to re22 main available until September 30, 2018: Provided, That 

23 such amount is designated by the Congress for Overseas 

24 Contingency Operations/Global War on Terrorism pursu25 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 


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1 and Emergency Deficit Control Act of 1985: Provided fur2 ther, That of the amount provided under this heading, 

3 $65,990,000 shall be made available to support base budg4 et requirements as detailed in the appropriate account 

5 table included under the heading ‘‘Title IX – Overseas 

6 Contingency Operations/Global War on Terrorism’’ in the 

7 report accompanying this Act. 

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 AIR FORCE

10 For an additional amount for ‘‘Research, Develop11 ment, Test and Evaluation, Air Force’’, $42,905,000, to 

12 remain available until September 30, 2018: 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, $10,000,000 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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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 DEFENSE-WIDE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Defense-Wide’’, 

5 $179,919,000, to remain available until September 30, 

6 2018: Provided, That such amount is designated by the 

7 Congress for Overseas Contingency Operations/Global 

8 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985: Provided further, That of the amount provided 

11 under this heading, $20,000,000 shall be made available 

12 to support base budget requirements as detailed in the ap13 propriate account table included under the heading ‘‘Title 

14 IX – Overseas Contingency Operations/Global War on 

15 Terrorism’’ in the report accompanying this Act. 

16 REVOLVING AND MANAGEMENT FUNDS 

17 DEFENSE WORKING CAPITAL FUNDS

18 For an additional amount for ‘‘Defense Working 

19 Capital Funds’’, $140,633,000: 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. 


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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

2 DEFENSE HEALTH PROGRAM

3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $781,764,000, which shall be for operation and 

5 maintenance: Provided, That such amount is designated 

6 by the Congress for Overseas Contingency Operations/ 

7 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: Provided further, That of the 

10 amount provided under this heading, $450,000,000 shall 

11 be made available to support base budget requirements as 

12 detailed in the appropriate account table included under 

13 the heading ‘‘Title IX – Overseas Contingency Operations/ 

14 Global War on Terrorism’’ in the report accompanying 

15 this Act. 

16 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

17 DEFENSE

18 For an additional amount for ‘‘Drug Interdiction and 

19 Counter-Drug Activities, Defense’’, $215,333,000: Pro20 vided, That such amount is designated by the Congress 

21 for Overseas Contingency Operations/Global War on Ter22 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985. 


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1 JOINT IMPROVISED-THREAT DEFEAT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Joint Improvised-Threat Defeat Fund’’, 

4 $408,272,000, to remain available until September 30, 

5 2019: Provided, That such funds shall be available to the 

6 Secretary of Defense, notwithstanding any other provision 

7 of law, for the purpose of allowing the Director of the 

8 Joint Improvised Explosive Device Defeat Organization to 

9 investigate, develop and provide equipment, supplies, serv10 ices, training, facilities, personnel and funds to assist 

11 United States forces in the defeat of improvised explosive 

12 devices: Provided further, That the Secretary of Defense 

13 may transfer funds provided herein to appropriations for 

14 military personnel; operation and maintenance; procure15 ment; research, development, test and evaluation; and de16 fense working capital funds to accomplish the purpose pro17 vided herein: Provided further, That this transfer author18 ity is in addition to any other transfer authority available 

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

20 Secretary of Defense shall, not fewer than 15 days prior 

21 to making transfers from this appropriation, notify the 

22 congressional defense committees in writing of the details 

23 of any such transfer: Provided further, That such amount 

24 is designated by the Congress for Overseas Contingency 

25 Operations/Global War on Terrorism pursuant to section 


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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For an additional amount for the ‘‘Office of the In5 spector General’’, $22,062,000: Provided, That such 

6 amount is designated by the Congress for Overseas Con7 tingency Operations/Global War on Terrorism pursuant to 

8 section 251(b)(2)(A)(ii) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 GENERAL PROVISIONS—THIS TITLE 

11 SEC. 9001. Notwithstanding any other provision of 

12 law, funds made available in this title are in addition to 

13 amounts appropriated or otherwise made available for the 

14 Department of Defense for fiscal year 2017. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 9002. Upon the determination of the Secretary 

17 of Defense that such action is necessary in the national 

18 interest, the Secretary may, with the approval of the Of19 fice of Management and Budget, transfer up to 

20 $4,500,000,000 between the appropriations or funds made 

21 available to the Department of Defense in this title: Pro22 vided, That the Secretary shall notify the Congress 

23 promptly of each transfer made pursuant to the authority 

24 in this section: Provided further, That the authority pro25 vided in this section is in addition to any other transfer 


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1 authority available to the Department of Defense and is 

2 subject to the same terms and conditions as the authority 

3 provided in section 8005 of this Act. 

4 SEC. 9003. Supervision and administration costs and 

5 costs for design during construction associated with a con6 struction project funded with appropriations available for 

7 operation and maintenance or the ‘‘Afghanistan Security 

8 Forces Fund’’ provided in this Act and executed in direct 

9 support of overseas contingency operations in Afghani10 stan, may be obligated at the time a construction contract 

11 is awarded: Provided, That, for the purpose of this section, 

12 supervision and administration costs and costs for design 

13 during construction include all in-house Government costs. 

14 SEC. 9004. From funds made available in this title, 

15 the Secretary of Defense may purchase for use by military 

16 and civilian employees of the Department of Defense in 

17 the United States Central Command area of responsi18 bility: (1) passenger motor vehicles up to a limit of 

19 $75,000 per vehicle; and (2) heavy and light armored vehi20 cles for the physical security of personnel or for force pro21 tection purposes up to a limit of $450,000 per vehicle, not22 withstanding price or other limitations applicable to the 

23 purchase of passenger carrying vehicles. 

24 SEC. 9005. Not to exceed $5,000,000 of the amounts 

25 appropriated by this title under the heading ‘‘Operation 


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1 and Maintenance, Army’’ may be used, notwithstanding 

2 any other provision of law, to fund the Commanders’ 

3 Emergency Response Program (CERP), for the purpose 

4 of enabling military commanders in Afghanistan to re5 spond to urgent, small-scale, humanitarian relief and re6 construction requirements within their areas of responsi7 bility: Provided, That each project (including any ancillary 

8 or related elements in connection with such project) exe9 cuted under this authority shall not exceed $2,000,000: 

10 Provided further, That not later than 45 days after the 

11 end of each 6 months of the fiscal year, the Secretary of 

12 Defense shall submit to the congressional defense commit13 tees a report regarding the source of funds and the alloca14 tion and use of funds during that 6-month period that 

15 were made available pursuant to the authority provided 

16 in this section or under any other provision of law for the 

17 purposes described herein: Provided further, That, not 

18 later than 30 days after the end of each fiscal year quar19 ter, the Army shall submit to the congressional defense 

20 committees quarterly commitment, obligation, and expend21 iture data for the CERP in Afghanistan: Provided further, 

22 That, not less than 15 days before making funds available 

23 pursuant to the authority provided in this section or under 

24 any other provision of law for the purposes described here25 in for a project with a total anticipated cost for completion 


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1 of $500,000 or more, the Secretary shall submit to the 

2 congressional defense committees a written notice con3 taining each of the following: 

4 (1) The location, nature and purpose of the 

5 proposed project, including how the project is in6 tended to advance the military campaign plan for 

7 the country in which it is to be carried out. 

8 (2) The budget, implementation timeline with 

9 milestones, and completion date for the proposed 

10 project, including any other CERP funding that has 

11 been or is anticipated to be contributed to the com12 pletion of the project. 

13 (3) A plan for the sustainment of the proposed 

14 project, including the agreement with either the host 

15 nation, a non-Department of Defense agency of the 

16 United States Government or a third-party contrib17 utor to finance the sustainment of the activities and 

18 maintenance of any equipment or facilities to be pro19 vided through the proposed project. 

20 SEC. 9006. Funds available to the Department of De21 fense for operation and maintenance may be used, not22 withstanding any other provision of law, to provide sup23 plies, services, transportation, including airlift and sealift, 

24 and other logistical support to coalition forces supporting 

25 military and stability operations in Afghanistan and to 


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1 counter the Islamic State of Iraq and the Levant: Pro2 vided, That the Secretary of Defense shall provide quar3 terly reports to the congressional defense committees re4 garding support provided under this section. 

5 SEC. 9007. None of the funds appropriated or other6 wise made available by this or any other Act shall be obli7 gated or expended by the United States Government for 

8 a purpose as follows: 

9 (1) To establish any military installation or 

10 base for the purpose of providing for the permanent 

11 stationing of United States Armed Forces in Iraq. 

12 (2) To exercise United States control over any 

13 oil resource of Iraq. 

14 (3) To establish any military installation or 

15 base for the purpose of providing for the permanent 

16 stationing of United States Armed Forces in Af17 ghanistan. 

18 SEC. 9008. None of the funds made available in this 

19 Act may be used in contravention of the following laws 

20 enacted or regulations promulgated to implement the 

21 United Nations Convention Against Torture and Other 

22 Cruel, Inhuman or Degrading Treatment or Punishment 

23 (done at New York on December 10, 1984): 

24 (1) Section 2340A of title 18, United States 

25 Code. 


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1 (2) Section 2242 of the Foreign Affairs Reform 

2 and Restructuring Act of 1998 (division G of Public 

3 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

4 note) and regulations prescribed thereto, including 

5 regulations under part 208 of title 8, Code of Fed6 eral Regulations, and part 95 of title 22, Code of 

7 Federal Regulations. 

8 (3) Sections 1002 and 1003 of the Department 

9 of Defense, Emergency Supplemental Appropriations 

10 to Address Hurricanes in the Gulf of Mexico, and 

11 Pandemic Influenza Act, 2006 (Public Law 109– 

12 148). 

13 SEC. 9009. None of the funds provided for the ‘‘Af14 ghanistan Security Forces Fund’’ (ASFF) may be obli15 gated prior to the approval of a financial and activity plan 

16 by the Afghanistan Resources Oversight Council (AROC) 

17 of the Department of Defense: Provided, That the AROC 

18 must approve the requirement and acquisition plan for any 

19 service requirements in excess of $50,000,000 annually 

20 and any non-standard equipment requirements in excess 

21 of $100,000,000 using ASFF: Provided further, That the 

22 Department of Defense must certify to the congressional 

23 defense committees that the AROC has convened and ap24 proved a process for ensuring compliance with the requireVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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1 ments in the preceding proviso and accompanying report 

2 language for the ASFF. 

3 SEC. 9010. Funds made available in this title to the 

4 Department of Defense for operation and maintenance 

5 may be used to purchase items having an investment unit 

6 cost of not more than $250,000: Provided, That, upon de7 termination by the Secretary of Defense that such action 

8 is necessary to meet the operational requirements of a 

9 Commander of a Combatant Command engaged in contin10 gency operations overseas, such funds may be used to pur11 chase items having an investment item unit cost of not 

12 more than $500,000. 

13 SEC. 9011. From funds made available to the De14 partment of Defense in this title under the heading ‘‘Oper15 ation and Maintenance, Air Force’’, up to $60,000,000 

16 may be used by the Secretary of Defense, notwithstanding 

17 any other provision of law, to support United States Gov18 ernment transition activities in Iraq by funding the oper19 ations and activities of the Office of Security Cooperation 

20 in Iraq and security assistance teams, including life sup21 port, transportation and personal security, and facilities 

22 renovation and construction, and site closeout activities 

23 prior to returning sites to the Government of Iraq: Pro24 vided, That to the extent authorized under the National 

25 Defense Authorization Act for Fiscal Year 2017, the operVerDate Sep 11 2014 21:13 May 19, 2016 Jkt 059200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.RH H5293

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1 ations and activities that may be carried out by the Office 

2 of Security Cooperation in Iraq may, with the concurrence 

3 of the Secretary of State, include non-operational training 

4 activities in support of Iraqi Minister of Defense and 

5 Counter Terrorism Service personnel in an institutional 

6 environment to address capability gaps, integrate proc7 esses relating to intelligence, air sovereignty, combined 

8 arms, logistics and maintenance, and to manage and inte9 grate defense-related institutions: Provided further, That 

10 not later than 30 days following the enactment of this Act, 

11 the Secretary of Defense and the Secretary of State shall 

12 submit to the congressional defense committees a plan for 

13 transitioning any such training activities that they deter14 mine are needed after the end of fiscal year 2017, to exist15 ing or new contracts for the sale of defense articles or 

16 defense services consistent with the provisions of the Arms 

17 Export Control Act (22 U.S.C. 2751 et seq.): Provided 

18 further, That, not less than 15 days before making funds 

19 available pursuant to the authority provided in this sec20 tion, the Secretary of Defense shall submit to the congres21 sional defense committees a written notice containing a 

22 detailed justification and timeline for the operations and 

23 activities of the Office of Security Cooperation in Iraq at 

24 each site where such operations and activities will be con25 ducted during fiscal year 2017: Provided further, That 


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1 amounts made available by this section are designated by 

2 the Congress for Overseas Contingency Operations/Global 

3 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 SEC. 9012. Up to $500,000,000 of funds appro7 priated by this Act for the Counterterrorism Partnerships 

8 Fund may be used to provide assistance to the Govern9 ment of Jordan to support the armed forces of Jordan 

10 and to enhance security along its borders. 

11 SEC. 9013. None of the funds made available by this 

12 Act under the heading ‘‘Counter-Islamic State of Iraq and 

13 the Levant Train and Equip Fund’’ may be used to pro14 cure or transfer man-portable air defense systems. 

15 SEC. 9014. For the ‘‘Ukraine Security Assistance Ini16 tiative’’, $150,000,000 is hereby appropriated, to remain 

17 available until September 30, 2017: Provided, That such 

18 funds shall be available to the Secretary of Defense, in 

19 coordination with the Secretary of State, to provide assist20 ance, including training; equipment; lethal weapons of a 

21 defensive nature; logistics support, supplies and services; 

22 sustainment; and intelligence support to the military and 

23 national security forces of Ukraine, and for replacement 

24 of any weapons or defensive articles provided to the Gov25 ernment of Ukraine from the inventory of the United 


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1 States: Provided further, That the Secretary of Defense 

2 shall, not less than 15 days prior to obligating funds pro3 vided under this heading, notify the congressional defense 

4 committees in writing of the details of any such obligation: 

5 Provided further, That the United States may accept 

6 equipment procured using funds provided under this head7 ing in this or prior Acts that was transferred to the secu8 rity forces of Ukraine and returned by such forces to the 

9 United States: Provided further, That equipment procured 

10 using funds provided under this heading in this or prior 

11 Acts, and not yet transferred to the military or National 

12 Security Forces of Ukraine or returned by such forces to 

13 the United States, may be treated as stocks of the Depart14 ment of Defense upon written notification to the congres15 sional defense committees: Provided further, That amounts 

16 made available by this section are designated by the Con17 gress for Overseas Contingency Operations/Global War on 

18 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 SEC. 9015. Funds appropriated in this title shall be 

21 available for replacement of funds for items provided to 

22 the Government of Ukraine from the inventory of the 

23 United States to the extent specifically provided for in sec24 tion 9014 of this Act. 


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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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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 SPENDING REDUCTION ACCOUNT

2 SEC. 10002. The amount by which the applicable al3 location of new budget authority made by the Committee 

4 on Appropriations of the House of Representatives under 

5 section 302(b) of the Congressional Budget Act of 1974 

6 exceeds the amount of proposed new budget authority is 

7 $0. 

8 This Act may be cited as the ‘‘Department of Defense 

9 Appropriations Act, 2017’’. 


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Union Calendar No. 447 

114TH CONGRESS 

2D SESSION H. R. 5293 

[Report No. 114–577] 

A BILL 

Making appropriations for the Department of De2017, and for other purposes. fense for the fiscal year ending September 30, 

MAY 19, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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