II 

Calendar No. 524 

114TH CONGRESS 

2D SESSION H. R. 5293 

IN THE SENATE OF THE UNITED STATES 

JUNE 20, 2016 

Received; read twice and placed on the calendar 

AN ACT 

Making appropriations for the Department of Defense for 

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

purposes. 

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

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

4 MILITARY PERSONNEL, MARINE CORPS

5 For pay, allowances, individual clothing, subsistence, 

6 interest on deposits, gratuities, permanent change of sta7 tion travel (including all expenses thereof for organiza8 tional movements), and expenses of temporary duty travel 

9 between permanent duty stations, for members of the Ma10 rine Corps on active duty (except members of the Reserve 

11 provided for elsewhere); and for payments pursuant to sec12 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

13 402 note), and to the Department of Defense Military Re14 tirement Fund, $12,701,412,000. 

15 MILITARY PERSONNEL, AIR FORCE

16 For pay, allowances, individual clothing, subsistence, 

17 interest on deposits, gratuities, permanent change of sta18 tion travel (including all expenses thereof for organiza19 tional movements), and expenses of temporary duty travel 

20 between permanent duty stations, for members of the Air 

21 Force on active duty (except members of reserve compo22 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

25 377, as amended (42 U.S.C. 402 note), and to the DepartVerDate Sep 11 2014 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS 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 (reduced by $5,600,000): 

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

16 emergencies and extraordinary expenses, to be expended 

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

18 and payments may be made on his certificate of necessity 

19 for confidential military 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 (re24 duced by $6,086,000) (increased by $6,086,000): Pro25 vided, That not to exceed $15,055,000 can be used for 


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1 emergencies and extraordinary expenses, to be expended 

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

3 and payments may be made on his certificate of necessity 

4 for confidential military purposes. 

5 OPERATION AND MAINTENANCE, MARINE CORPS

6 For expenses, not otherwise provided for, necessary 

7 for the operation and maintenance of the Marine Corps, 

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

9 OPERATION AND MAINTENANCE, AIR FORCE

10 For expenses, not otherwise provided for, necessary 

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

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

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

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

16 may be made on his certificate of necessity for confidential 

17 military purposes. 

18 OPERATION AND MAINTENANCE, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses, not otherwise provided for, necessary 

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

23 departments), as authorized by law, $32,263,224,000 (re24 duced by $20,000,000) (reduced by $40,000,000) (in25 creased by $5,000,000) (reduced by $1,000,000) (inVerDate Sep 11 2014 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS H5293

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1 creased by $1,000,000) (reduced by $5,000,000) (in2 creased by $5,000,000) (reduced by $5,000,000) (in3 creased by $5,000,000) (reduced by $10,000,000) (re4 duced by $7,000,000) (reduced by $17,000,000) (reduced 

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

6 $5,000,000) (reduced by $1,000,000) (reduced by 

7 $5,000,000) (reduced by $8,000,000) (reduced by 

8 $2,000,000) (reduced by $7,800,000) (reduced by 

9 $2,000,000) (reduced by $25,000,000) (reduced by 

10 $80,000,000): Provided, That not more than $15,000,000 

11 may be used for the Combatant Commander Initiative 

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

13 States Code: Provided further, That not to exceed 

14 $36,000,000 can be used for emergencies and extraor15 dinary expenses, to be expended on the approval or author16 ity of the Secretary of Defense, and payments may be 

17 made on his certificate of necessity for confidential mili18 tary purposes: Provided further, That of the funds pro19 vided under this heading, not less than $35,045,000 shall 

20 be made available for the Procurement Technical Assist21 ance Cooperative Agreement Program, of which not less 

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

23 10 U.S.C. 2411(1)(D): Provided further, That none of the 

24 funds appropriated or otherwise made available by this 

25 Act may be used to plan or implement the consolidation 


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1 of a budget or appropriations liaison office of the Office 

2 of the Secretary of Defense, the office of the Secretary 

3 of a military department, or the service headquarters of 

4 one of the Armed Forces into a legislative affairs or legis5 lative liaison office: Provided further, That $8,023,000, to 

6 remain available until expended, is available only for ex7 penses relating to certain classified activities, and may be 

8 transferred as necessary by the Secretary of Defense to 

9 operation and maintenance appropriations or research, de10 velopment, test and evaluation appropriations, to be 

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

12 as the appropriations to which transferred: Provided fur13 ther, That any ceiling on the investment item unit cost 

14 of items that may be purchased with operation and main15 tenance funds shall not apply to the funds described in 

16 the preceding proviso: Provided further, That the transfer 

17 authority provided under this heading is in addition to any 

18 other transfer authority provided elsewhere in this Act. 

19 OPERATION AND MAINTENANCE, ARMY RESERVE

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance, including training, or22 ganization, and administration, of the Army Reserve; re23 pair of facilities and equipment; hire of passenger motor 

24 vehicles; travel and transportation; care of the dead; reVerDate Sep 11 2014 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS H5293

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1 cruiting; procurement of services, supplies, and equip2 ment; and communications, $2,767,471,000. 

3 OPERATION AND MAINTENANCE, NAVY RESERVE

4 For expenses, not otherwise provided for, necessary 

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

8 vehicles; travel and transportation; care of the dead; re9 cruiting; procurement of services, supplies, and equip10 ment; and communications, $975,724,000. 

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 RESERVE

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance, including training, or15 ganization, and administration, of the Marine Corps Re16 serve; repair of facilities and equipment; hire of passenger 

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

18 recruiting; procurement of services, supplies, and equip19 ment; and communications, $320,066,000. 

20 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance, including training, or23 ganization, and administration, of the Air Force Reserve; 

24 repair of facilities and equipment; hire of passenger motor 

25 vehicles; travel and transportation; care of the dead; reVerDate Sep 11 2014 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS H5293

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1 cruiting; procurement of services, supplies, and equip2 ment; and communications, $3,106,066,000. 

3 OPERATION AND MAINTENANCE, ARMY NATIONAL

4 GUARD

5 For expenses of training, organizing, and admin6 istering the Army National Guard, including medical and 

7 hospital treatment and related expenses in non-Federal 

8 hospitals; maintenance, operation, and repairs to struc9 tures and facilities; hire of passenger motor vehicles; per10 sonnel services in the National Guard Bureau; travel ex11 penses (other than mileage), as authorized by law for 

12 Army personnel on active duty, for Army National Guard 

13 division, regimental, and battalion commanders while in14 specting units in compliance with National Guard Bureau 

15 regulations when specifically authorized by the Chief, Na16 tional Guard Bureau; supplying and equipping the Army 

17 National Guard as authorized by law; and expenses of re18 pair, modification, maintenance, and issue of supplies and 

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

20 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

21 For expenses of training, organizing, and admin22 istering the Air National Guard, including medical and 

23 hospital treatment and related expenses in non-Federal 

24 hospitals; maintenance, operation, and repairs to struc25 tures and facilities; transportation of things, hire of pasVerDate Sep 11 2014 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS H5293

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1 senger motor vehicles; supplying and equipping the Air 

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

3 modification, maintenance, and issue of supplies and 

4 equipment, including those furnished from stocks under 

5 the control of agencies of the Department of Defense; 

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

7 authorized by law for Air National Guard personnel on 

8 active Federal duty, for Air National Guard commanders 

9 while inspecting units in compliance with National Guard 

10 Bureau regulations when specifically authorized by the 

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

12 UNITED STATES COURT OF APPEALS FOR THE ARMED

13 FORCES

14 For salaries and expenses necessary for the United 

15 States Court of Appeals for the Armed Forces, 

16 $14,194,000, of which not to exceed $5,000 may be used 

17 for official representation purposes. 

18 ENVIRONMENTAL RESTORATION, ARMY

19 (INCLUDING TRANSFER OF FUNDS)

20 For the Department of the Army, $170,167,000 (re21 duced by $1,000,000), to remain available until trans22 ferred: Provided, That the Secretary of the Army shall, 

23 upon determining that such funds are required for envi24 ronmental restoration, reduction and recycling of haz25 ardous waste, removal of unsafe buildings and debris of 


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

2 transfer the funds made available by this appropriation 

3 to other appropriations made available to the Department 

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

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

6 appropriations to which transferred: Provided further, 

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

8 transferred from this appropriation are not necessary for 

9 the purposes provided herein, such amounts may be trans10 ferred back to this appropriation: Provided further, That 

11 the transfer authority provided under this heading is in 

12 addition to any other transfer authority provided else13 where in this Act. 

14 ENVIRONMENTAL RESTORATION, NAVY

15 (INCLUDING TRANSFER OF FUNDS)

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

17 remain available until transferred: Provided, That the Sec18 retary of the Navy shall, upon determining that such 

19 funds are required for environmental restoration, reduc20 tion and recycling of hazardous waste, removal of unsafe 

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

22 for similar purposes, transfer the funds made available by 

23 this appropriation to other appropriations made available 

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

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


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1 time period as the appropriations to which transferred: 

2 Provided further, That upon a determination that all or 

3 part of the funds transferred from this appropriation are 

4 not necessary for the purposes provided herein, such 

5 amounts may be transferred back to this appropriation: 

6 Provided further, That the transfer authority provided 

7 under this heading is in addition to any other transfer au8 thority provided elsewhere in this Act. 

9 ENVIRONMENTAL RESTORATION, AIR FORCE

10 (INCLUDING TRANSFER OF FUNDS)

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

12 to remain available until transferred: Provided, That the 

13 Secretary of the Air Force shall, upon determining that 

14 such funds are required for environmental restoration, re15 duction and recycling of hazardous waste, removal of un16 safe buildings and debris of the Department of the Air 

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

18 available by this appropriation to other appropriations 

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

20 merged with and to be available for the same purposes 

21 and for the same time period as the appropriations to 

22 which transferred: Provided further, That upon a deter23 mination that all or part of the funds transferred from 

24 this appropriation are not necessary for the purposes pro25 vided herein, such amounts may be transferred back to 


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1 this appropriation: Provided further, That the transfer au2 thority provided under this heading is in addition to any 

3 other transfer authority provided elsewhere in this Act. 

4 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Department of Defense, $9,009,000, to re7 main available until transferred: Provided, That the Sec8 retary of Defense shall, upon determining that such funds 

9 are required for environmental restoration, reduction and 

10 recycling of hazardous waste, removal of unsafe buildings 

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

12 purposes, transfer the funds made available by this appro13 priation to other appropriations made available to the De14 partment of Defense, to be merged with and to be avail15 able for the same purposes and for the same time period 

16 as the appropriations to which transferred: Provided fur17 ther, That upon a determination that all or part of the 

18 funds transferred from this appropriation are not nec19 essary for the purposes provided herein, such amounts 

20 may be transferred back to this appropriation: Provided 

21 further, That the transfer authority provided under this 

22 heading is in addition to any other transfer authority pro23 vided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, FORMERLY USED

2 DEFENSE SITES

3 (INCLUDING TRANSFER OF FUNDS)

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

5 remain available until transferred: Provided, That the Sec6 retary of the Army shall, upon determining that such 

7 funds are required for environmental restoration, reduc8 tion and recycling of hazardous waste, removal of unsafe 

9 buildings and debris at sites formerly used by the Depart10 ment of Defense, transfer the funds made available by this 

11 appropriation to other appropriations made available to 

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

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

14 period as the appropriations to which transferred: Pro15 vided further, That upon a determination that all or part 

16 of the funds transferred from this appropriation are not 

17 necessary for the purposes provided herein, such amounts 

18 may be transferred back to this appropriation: Provided 

19 further, That the transfer authority provided under this 

20 heading is in addition to any other transfer authority pro21 vided elsewhere in this Act. 

22 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

23 For expenses relating to the Overseas Humanitarian, 

24 Disaster, and Civic Aid programs of the Department of 

25 Defense (consisting of the programs provided under secVerDate Sep 11 2014 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS H5293

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1 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

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

3 until September 30, 2018. 

4 COOPERATIVE THREAT REDUCTION ACCOUNT

5 For assistance, including assistance provided by con6 tract or by grants, under programs and activities of the 

7 Department of Defense Cooperative Threat Reduction 

8 Program authorized under the Department of Defense Co9 operative Threat Reduction Act, $325,604,000, to remain 

10 available until September 30, 2019. 

11 TITLE III 

12 PROCUREMENT 

13 AIRCRAFT PROCUREMENT, ARMY

14 For construction, procurement, production, modifica15 tion, and modernization of aircraft, equipment, including 

16 ordnance, ground handling equipment, spare parts, and 

17 accessories therefor; specialized equipment and training 

18 devices; expansion of public and private plants, including 

19 the land necessary therefor, for the foregoing purposes, 

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

21 and construction prosecuted thereon prior to approval of 

22 title; and procurement and installation of equipment, ap23 pliances, and machine tools in public and private plants; 

24 reserve plant and Government and contractor-owned 

25 equipment layaway; and other expenses necessary for the 


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

2 for obligation until September 30, 2019. 

3 MISSILE PROCUREMENT, ARMY

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

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

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

11 and construction prosecuted thereon prior to approval of 

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

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

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

17 for obligation until September 30, 2019. 

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For construction, procurement, production, and 

21 modification of weapons and tracked combat vehicles, 

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

24 expansion of public and private plants, including the land 

25 necessary therefor, for the foregoing purposes, and such 


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

3 procurement and installation of equipment, appliances, 

4 and machine tools in public and private plants; reserve 

5 plant and Government and contractor-owned equipment 

6 layaway; and other expenses necessary for the foregoing 

7 purposes, $2,244,547,000, to remain available for obliga8 tion until September 30, 2019. 

9 PROCUREMENT OF AMMUNITION, ARMY

10 For construction, procurement, production, and 

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

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

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

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

23 $20,000,000), to remain available for obligation until Sep24 tember 30, 2019. 


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1 OTHER PROCUREMENT, ARMY

2 For construction, procurement, production, and 

3 modification of vehicles, including tactical, support, and 

4 non-tracked combat vehicles; the purchase of passenger 

5 motor vehicles for replacement only; communications and 

6 electronic equipment; other support equipment; spare 

7 parts, ordnance, and accessories therefor; specialized 

8 equipment and training devices; expansion of public and 

9 private plants, including the land necessary therefor, for 

10 the foregoing purposes, and such lands and interests 

11 therein, may be acquired, and construction prosecuted 

12 thereon prior to approval of title; and procurement and 

13 installation of equipment, appliances, and machine tools 

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

16 expenses necessary for the foregoing purposes, 

17 $6,081,856,000, to remain available for obligation until 

18 September 30, 2019. 

19 AIRCRAFT PROCUREMENT, NAVY

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

22 ordnance, spare parts, and accessories therefor; specialized 

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


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1 thereon prior to approval of title; and procurement and 

2 installation of equipment, appliances, and machine tools 

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

5 $15,900,093,000, to remain available for obligation until 

6 September 30, 2019. 

7 WEAPONS PROCUREMENT, NAVY

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

11 and accessories therefor; expansion of public and private 

12 plants, including the land necessary therefor, and such 

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

15 procurement and installation of equipment, appliances, 

16 and machine tools in public and private plants; reserve 

17 plant and Government and contractor-owned equipment 

18 layaway, $3,102,544,000, to remain available for obliga19 tion until September 30, 2019. 

20 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

21 CORPS

22 For construction, procurement, production, and 

23 modification of ammunition, and accessories therefor; spe24 cialized equipment and training devices; expansion of pub25 lic and private plants, including ammunition facilities, auVerDate Sep 11 2014 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS H5293

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

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

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

9 for the foregoing purposes, $601,563,000, to remain avail10 able for obligation until September 30, 2019. 

11 SHIPBUILDING AND CONVERSION, NAVY

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

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

18 long lead time components and designs for vessels to be 

19 constructed or converted in the future; and expansion of 

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

22 and construction prosecuted thereon prior to approval of 

23 title, as follows: 

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

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


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1 Carrier Replacement Program, (AP), 

2 $1,370,784,000; 

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

4 Virginia Class Submarine (AP), 

5 $1,742,134,000; 

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

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

8 DDG–1000 Program, $271,756,000; 

9 DDG–51 Destroyer, $3,211,292,000; 

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

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

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

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

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

15 Service Craft, $65,192,000; 

16 LCAC Service Life Extension Program, 

17 $1,774,000; 

18 YP Craft Maintenance/ROH/SLEP, 

19 $21,363,000; 

20 For outfitting, post delivery, conversions, and 

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

22 Completion of Prior Year Shipbuilding Pro23 grams, $160,274,000. 

24 In all: $18,484,524,000, to remain available for obli25 gation until September 30, 2021, of which $160,274,000 


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

2 completion of prior year shipbuilding programs: Provided, 

3 That additional obligations may be incurred after Sep4 tember 30, 2021, for engineering services, tests, evalua5 tions, and other such budgeted work that must be per6 formed in the final stage of ship construction: Provided 

7 further, That none of the funds provided under this head8 ing for the construction or conversion of any naval vessel 

9 to be constructed in shipyards in the United States shall 

10 be expended in foreign facilities for the construction of 

11 major components of such vessel: Provided further, That 

12 none of the funds provided under this heading shall be 

13 used for the construction of any naval vessel in foreign 

14 shipyards. 

15 OTHER PROCUREMENT, NAVY

16 For procurement, production, and modernization of 

17 support equipment and materials not otherwise provided 

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

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

20 of passenger motor vehicles for replacement only; expan21 sion of public and private plants, including the land nec22 essary therefor, and such lands and interests therein, may 

23 be acquired, and construction prosecuted thereon prior to 

24 approval of title; and procurement and installation of 

25 equipment, appliances, and machine tools in public and 


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1 private plants; reserve plant and Government and con2 tractor-owned equipment layaway, $6,099,326,000, to re3 main available for obligation until September 30, 2019. 

4 PROCUREMENT, MARINE CORPS

5 For expenses necessary for the procurement, manu6 facture, and modification of missiles, armament, military 

7 equipment, spare parts, and accessories therefor; plant 

8 equipment, appliances, and machine tools, and installation 

9 thereof in public and private plants; reserve plant and 

10 Government and contractor-owned equipment layaway; ve11 hicles for the Marine Corps, including the purchase of pas12 senger motor vehicles for replacement only; and expansion 

13 of public and private plants, including land necessary 

14 therefor, and such lands and interests therein, may be ac15 quired, and construction prosecuted thereon prior to ap16 proval of title, $1,213,872,000, to remain available for ob17 ligation until September 30, 2019. 

18 AIRCRAFT PROCUREMENT, AIR FORCE

19 For construction, procurement, and modification of 

20 aircraft and equipment, including armor and armament, 

21 specialized ground handling equipment, and training de22 vices, spare parts, and accessories therefor; specialized 

23 equipment; expansion of public and private plants, Gov24 ernment-owned equipment and installation thereof in such 

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


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1 the foregoing purposes, and such lands and interests 

2 therein, may be acquired, and construction prosecuted 

3 thereon prior to approval of title; reserve plant and Gov4 ernment and contractor-owned equipment layaway; and 

5 other expenses necessary for the foregoing purposes in6 cluding rents and transportation of things, 

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

8 $80,000,000), to remain available for obligation until Sep9 tember 30, 2019. 

10 MISSILE PROCUREMENT, AIR FORCE

11 For construction, procurement, and modification of 

12 missiles, rockets, and related equipment, including spare 

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

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

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

24 until September 30, 2019. 


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1 SPACE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 spacecraft, rockets, and related equipment, including 

4 spare parts and accessories therefor; ground handling 

5 equipment, and training devices; expansion of public and 

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

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

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

15 until September 30, 2019. 

16 PROCUREMENT OF AMMUNITION, AIR FORCE

17 For construction, procurement, production, and 

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

22 and the land necessary therefor, for the foregoing pur23 poses, and such lands and interests therein, may be ac24 quired, and construction prosecuted thereon prior to ap25 proval of title; and procurement and installation of equipVerDate Sep 11 2014 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS H5293

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

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

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

5 available for obligation until September 30, 2019. 

6 OTHER PROCUREMENT, AIR FORCE

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

9 and ground electronic and communication equipment), 

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

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

16 the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

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

20 $17,342,313,000, to remain available for obligation until 

21 September 30, 2019. 

22 PROCUREMENT, DEFENSE-WIDE

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

25 necessary for procurement, production, and modification 


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

3 motor vehicles for replacement only; expansion of public 

4 and private plants, equipment, and installation thereof in 

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

6 for the foregoing purposes, and such lands and interests 

7 therein, may be acquired, and construction prosecuted 

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

10 $4,649,876,000 (increased by $5,000,000) (reduced by 

11 $10,000,000) (increased by $12,500,000), to remain avail12 able for obligation until September 30, 2019. 

13 DEFENSE PRODUCTION ACT PURCHASES

14 For activities by the Department of Defense pursuant 

15 to sections 108, 301, 302, and 303 of the Defense Produc16 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

17 $74,065,000 (increased by $25,000,000), to remain avail18 able until expended. 

19 TITLE IV 

20 RESEARCH, DEVELOPMENT, TEST AND 

21 EVALUATION 

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 ARMY

24 For expenses necessary for basic and applied sci25 entific research, development, test and evaluation, includVerDate Sep 11 2014 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS H5293

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1 ing maintenance, rehabilitation, lease, and operation of fa2 cilities and equipment, $7,864,517,000 (increased by 

3 $17,000,000) (increased by $5,000,000) (reduced by 

4 $1,000,000) (increased by $1,000,000), to remain avail5 able for obligation until September 30, 2018. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 NAVY

8 For expenses necessary for basic and applied sci9 entific research, development, test and evaluation, includ10 ing maintenance, rehabilitation, lease, and operation of fa11 cilities and equipment, $16,831,290,000 (reduced by 

12 $2,000,000) (increased by $2,000,000) (increased by 

13 $29,800,000), to remain available for obligation until Sep14 tember 30, 2018: Provided, That funds appropriated in 

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

16 used to meet unique operational requirements of the Spe17 cial Operations Forces. 

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

19 AIR FORCE

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, $27,106,851,000 (reduced by 

24 $5,000,000), to remain available for obligation until Sep25 tember 30, 2018. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 DEFENSE-WIDE

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses of activities and agencies of the Depart5 ment of Defense (other than the military departments), 

6 necessary for basic and applied scientific research, devel7 opment, test and evaluation; advanced research projects 

8 as may be designated and determined by the Secretary 

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

10 lease, and operation of facilities and equipment, 

11 $18,311,236,000 (increased by $5,000,000) (increased by 

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

13 $25,000,000) (increased by $5,000,000) (reduced by 

14 $33,900,000), to remain available for obligation until Sep15 tember 30, 2018: Provided, That, of the funds made avail16 able in this paragraph, $250,000,000 for the Defense 

17 Rapid Innovation Program shall only be available for ex18 penses, not otherwise provided for, to include program 

19 management and oversight, to conduct research, develop20 ment, test and evaluation to include proof of concept dem21 onstration; engineering, testing, and validation; and tran22 sition to full-scale production: Provided further, That the 

23 Secretary of Defense may transfer funds provided herein 

24 for the Defense Rapid Innovation Program to appropria25 tions for research, development, test and evaluation to acVerDate Sep 11 2014 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS H5293

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1 complish the purpose provided herein: Provided further, 

2 That this transfer authority is in addition to any other 

3 transfer authority available to the Department of Defense: 

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

5 fewer than 30 days prior to making transfers from this 

6 appropriation, notify the congressional defense committees 

7 in writing of the details of any such transfer. 

8 OPERATIONAL TEST AND EVALUATION, DEFENSE

9 For expenses, not otherwise provided for, necessary 

10 for the independent activities of the Director, Operational 

11 Test and Evaluation, in the direction and supervision of 

12 operational test and evaluation, including initial oper13 ational test and evaluation which is conducted prior to, 

14 and in support of, production decisions; joint operational 

15 testing and evaluation; and administrative expenses in 

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

17 for obligation until September 30, 2018. 

18 TITLE V 

19 REVOLVING AND MANAGEMENT FUNDS 

20 DEFENSE WORKING CAPITAL FUNDS

21 For the Defense Working Capital Funds, 

22 $1,371,613,000. 


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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

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

7 $32,000,000) (increased by $1,000,000) (increased by 

8 $5,000,000) (increased by $1,000,000) (increased by 

9 $5,000,000) (increased by $8,000,000) (increased by 

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

11 $10,000,000); of which $31,696,337,000 (increased by 

12 $32,000,000) shall be for operation and maintenance, of 

13 which not to exceed 1 percent shall remain available for 

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

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

16 available for contracts entered into under the TRICARE 

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

18 obligation until September 30, 2019, shall be for procure19 ment; and of which $1,467,007,000 (increased by 

20 $1,000,000) (increased by $5,000,000) (increased by 

21 $1,000,000) (increased by $5,000,000) (increased by 

22 $8,000,000) (increased by $2,000,000) (increased by 

23 $2,000,000) (increased by $10,000,000), to remain avail24 able for obligation until September 30, 2018, shall be for 

25 research, development, test and evaluation: Provided, 


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

2 amount made available under this heading for research, 

3 development, test and evaluation, not less than 

4 $8,000,000 shall be available for HIV prevention edu5 cational activities undertaken in connection with United 

6 States military training, exercises, and humanitarian as7 sistance activities conducted primarily in African nations: 

8 Provided further, That of the funds provided under this 

9 heading for research, development, test and evaluation, 

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

11 United States Army Medical Research and Materiel Com12 mand to carry out the congressionally directed medical re13 search programs. 

14 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

15 DEFENSE

16 For expenses, not otherwise provided for, necessary 

17 for the destruction of the United States stockpile of lethal 

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

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

23 $147,282,000 shall be for operation and maintenance, of 

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

25 Stockpile Emergency Preparedness Program, consisting of 


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1 $20,368,000 for activities on military installations and 

2 $29,165,000, to remain available until September 30, 

3 2018, to assist State and local governments, not more 

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

5 2018, shall be for the destruction of eight United States6 origin chemical munitions in the Republic of Panama, to 

7 the extent authorized by law; $15,132,000 shall be for pro8 curement, to remain available until September 30, 2019, 

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

10 Emergency Preparedness Program to assist State and 

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

12 until September 30, 2018, shall be for research, develop13 ment, test and evaluation, of which $380,892,000 shall 

14 only be for the Assembled Chemical Weapons Alternatives 

15 program. 

16 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

17 DEFENSE

18 (INCLUDING TRANSFER OF FUNDS)

19 For drug interdiction and counter-drug activities of 

20 the Department of Defense, for transfer to appropriations 

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

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


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1 $631,087,000 shall be for counter-narcotics support; 

2 $118,713,000 shall be for the drug demand reduction pro3 gram; and $159,000,000 shall be for the National Guard 

4 counter-drug program: Provided, That the funds appro5 priated under this heading shall be available for obligation 

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

7 appropriation to which transferred: Provided further, That 

8 upon a determination that all or part of the funds trans9 ferred from this appropriation are not necessary for the 

10 purposes provided herein, such amounts may be trans11 ferred back to this appropriation: Provided further, That 

12 the transfer authority provided under this heading is in 

13 addition to any other transfer authority contained else14 where in this Act. 

15 OFFICE OF THE INSPECTOR GENERAL

16 For expenses and activities of the Office of the In17 spector General in carrying out the provisions of the In18 spector General Act of 1978, as amended, $322,035,000, 

19 of which $318,882,000 shall be for operation and mainte20 nance, of which not to exceed $700,000 is available for 

21 emergencies and extraordinary expenses to be expended on 

22 the approval or authority of the Inspector General, and 

23 payments may be made on the Inspector General’s certifi24 cate of necessity for confidential military purposes; and 

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


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1 30, 2018, shall be for research, development, test and eval2 uation. 

3 TITLE VII 

4 RELATED AGENCIES 

5 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

6 DISABILITY SYSTEM FUND

7 For payment to the Central Intelligence Agency Re8 tirement and Disability System Fund, to maintain the 

9 proper funding level for continuing the operation of the 

10 Central Intelligence Agency Retirement and Disability 

11 System, $514,000,000. 

12 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

13 For necessary expenses of the Intelligence Commu14 nity Management Account, $483,596,000. 

15 TITLE VIII 

16 GENERAL PROVISIONS 

17 SEC. 8001. No part of any appropriation contained 

18 in this Act shall be used for publicity or propaganda pur19 poses not authorized by the Congress. 

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

21 of law prohibiting the payment of compensation to, or em22 ployment of, any person not a citizen of the United States 

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

24 Provided, That salary increases granted to direct and indi25 rect hire foreign national employees of the Department of 


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

2 of the percentage increase authorized by law for civilian 

3 employees of the Department of Defense whose pay is 

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

5 United States Code, or at a rate in excess of the percent6 age increase provided by the appropriate host nation to 

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

8 That this section shall not apply to Department of De9 fense foreign service national employees serving at United 

10 States diplomatic missions whose pay is set by the Depart11 ment of State under the Foreign Service Act of 1980: Pro12 vided further, That the limitations of this provision shall 

13 not apply to foreign national employees of the Department 

14 of Defense in the Republic of Turkey. 

15 SEC. 8003. No part of any appropriation contained 

16 in this Act shall remain available for obligation beyond 

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

18 SEC. 8004. No more than 20 percent of the appro19 priations in this Act which are limited for obligation dur20 ing the current fiscal year shall be obligated during the 

21 last 2 months of the fiscal year: Provided, That this sec22 tion shall not apply to obligations for support of active 

23 duty training of reserve components or summer camp 

24 training of the Reserve Officers’ Training Corps. 


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1 (TRANSFER OF FUNDS)

2 SEC. 8005. Upon determination by the Secretary of 

3 Defense that such action is necessary in the national inter4 est, he may, with the approval of the Office of Manage5 ment and Budget, transfer not to exceed $4,500,000,000 

6 of working capital funds of the Department of Defense 

7 or funds made available in this Act to the Department 

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

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

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

12 the appropriation or fund to which transferred: Provided, 

13 That such authority to transfer may not be used unless 

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

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

18 That the Secretary of Defense shall notify the Congress 

19 promptly of all transfers made pursuant to this authority 

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

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

25 than those for which originally appropriated and in no 


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1 case where the item for which reprogramming is requested 

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

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

5 30, 2017: Provided further, That transfers among military 

6 personnel appropriations shall not be taken into account 

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

8 may be transferred under this section. 

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

11 and adjustments to budget activities corresponding to 

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

13 tables titled Explanation of Project Level Adjustments in 

14 the explanatory statement regarding this Act, the obliga15 tion and expenditure of amounts appropriated or other16 wise made available in this Act for those programs, 

17 projects, and activities for which the amounts appro18 priated exceed the amounts requested are hereby required 

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

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

21 in the text of this Act. 

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

25 Act: Provided, That section 8005 shall apply when transVerDate Sep 11 2014 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS H5293

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

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

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

7 transfer authorities for fiscal year 2017: Provided, That 

8 the report shall include— 

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

12 due to enacted rescissions, if appropriate, and the 

13 fiscal year enacted level; 

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

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

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

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

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

22 reprogramming or transfer until the report identified in 

23 subsection (a) is submitted to the congressional defense 

24 committees, unless the Secretary of Defense certifies in 

25 writing to the congressional defense committees that such 


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1 reprogramming or transfer is necessary as an emergency 

2 requirement: Provided, That this subsection shall not 

3 apply to transfers from the following appropriations ac4 counts: 

5 (1) Environmental Restoration, Army; 

6 (2) Environmental Restoration, Navy; 

7 (3) Environmental Restoration, Air Force; 

8 (4) Environmental Restoration, Defense-wide; 

9 (5) Environmental Restoration, Formerly Used 

10 Defense Sites; and 

11 (6) Drug Interdiction and Counter-drug Activi12 ties, Defense. 

13 (TRANSFER OF FUNDS)

14 SEC. 8008. During the current fiscal year, cash bal15 ances in working capital funds of the Department of De16 fense established pursuant to section 2208 of title 10, 

17 United States Code, may be maintained in only such 

18 amounts as are necessary at any time for cash disburse19 ments to be made from such funds: Provided, That trans20 fers may be made between such funds: Provided further, 

21 That transfers may be made between working capital 

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

23 appropriation and the ‘‘Operation and Maintenance’’ ap24 propriation accounts in such amounts as may be deter25 mined by the Secretary of Defense, with the approval of 


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1 the Office of Management and Budget, except that such 

2 transfers may not be made unless the Secretary of Defense 

3 has notified the Congress of the proposed transfer: Pro4 vided further, That except in amounts equal to the 

5 amounts appropriated to working capital funds in this Act, 

6 no obligations may be made against a working capital fund 

7 to procure or increase the value of war reserve material 

8 inventory, unless the Secretary of Defense has notified the 

9 Congress prior to any such obligation. 

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

11 be used to initiate a special access program without prior 

12 notification 30 calendar days in advance to the congres13 sional defense committees. 

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

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

16 employs economic order quantity procurement in excess of 

17 $20,000,000 in any one year of the contract or that in18 cludes an unfunded contingent liability in excess of 

19 $20,000,000; or (2) a contract for advance procurement 

20 leading to a multiyear contract that employs economic 

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

22 any one year, unless the congressional defense committees 

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1 tiate a multiyear contract for which the economic order 

2 quantity advance procurement is not funded at least to 

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

4 That no part of any appropriation contained in this Act 

5 shall be available to initiate multiyear procurement con6 tracts for any systems or component thereof if the value 

7 of the multiyear contract would exceed $500,000,000 un8 less specifically provided in this Act: Provided further, 

9 That no multiyear procurement contract can be termi10 nated without 30-day prior notification to the congres11 sional defense committees: Provided further, That the exe12 cution of multiyear authority shall require the use of a 

13 present value analysis to determine lowest cost compared 

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

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

16 contract executed after the date of the enactment of this 

17 Act unless in the case of any such contract— 

18 (1) the Secretary of Defense has submitted to 

19 Congress a budget request for full funding of units 

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

21 of a contract for procurement of aircraft, that in22 cludes, for any aircraft unit to be procured through 

23 the contract for which procurement funds are re24 quested in that budget request for production be25 yond advance procurement activities in the fiscal 


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1 year covered by the budget, full funding of procure2 ment of such unit in that fiscal year; 

3 (2) cancellation provisions in the contract do 

4 not include consideration of recurring manufacturing 

5 costs of the contractor associated with the produc6 tion of unfunded units to be delivered under the con7 tract; 

8 (3) the contract provides that payments to the 

9 contractor under the contract shall not be made in 

10 advance of incurred costs on funded units; and 

11 (4) the contract does not provide for a price ad12 justment based on a failure to award a follow-on 

13 contract. 

14 SEC. 8011. Within the funds appropriated for the op15 eration and maintenance of the Armed Forces, funds are 

16 hereby appropriated pursuant to section 401 of title 10, 

17 United States Code, for humanitarian and civic assistance 

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

19 Such funds may also be obligated for humanitarian and 

20 civic assistance costs incidental to authorized operations 

21 and pursuant to authority granted in section 401 of chap22 ter 20 of title 10, United States Code, and these obliga23 tions shall be reported as required by section 401(d) of 

24 title 10, United States Code: Provided, That funds avail25 able for operation and maintenance shall be available for 


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1 providing humanitarian and similar assistance by using 

2 Civic Action Teams in the Trust Territories of the Pacific 

3 Islands and freely associated states of Micronesia, pursu4 ant to the Compact of Free Association as authorized by 

5 Public Law 99–239: Provided further, That upon a deter6 mination by the Secretary of the Army that such action 

7 is beneficial for graduate medical education programs con8 ducted at Army medical facilities located in Hawaii, the 

9 Secretary of the Army may authorize the provision of med10 ical services at such facilities and transportation to such 

11 facilities, on a nonreimbursable basis, for civilian patients 

12 from American Samoa, the Commonwealth of the North13 ern Mariana Islands, the Marshall Islands, the Federated 

14 States of Micronesia, Palau, and Guam. 

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

16 personnel of the Department of Defense may not be man17 aged on the basis of any end-strength, and the manage18 ment of such personnel during that fiscal year shall not 

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

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

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

22 (b) The fiscal year 2018 budget request for the De23 partment of Defense as well as all justification material 

24 and other documentation supporting the fiscal year 2018 

25 Department of Defense budget request shall be prepared 


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

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

3 year 2018. 

4 (c) As required by section 1107 of the National De5 fense Authorization Act for Fiscal Year 2014 (Public Law 

6 113–66; 10 U.S.C. 2358 note) civilian personnel at the 

7 Department of Army Science and Technology Reinvention 

8 Laboratories may not be managed on the basis of the 

9 Table of Distribution and Allowances, and the manage10 ment of the workforce strength shall be done in a manner 

11 consistent with the budget available with respect to such 

12 Laboratories. 

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

14 to military (civilian) technicians. 

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

16 Act shall be used in any way, directly or indirectly, to in17 fluence congressional action on any legislation or appro18 priation matters pending before the Congress. 

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

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

21 any member of the Army participating as a full-time stu22 dent and receiving benefits paid by the Secretary of Vet23 erans Affairs from the Department of Defense Education 

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

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1 vided, That this section shall not apply to those members 

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

3 1987: Provided further, That this section applies only to 

4 active components of the Army. 

5 (TRANSFER OF FUNDS)

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

7 for the Department of Defense Pilot Mentor-Protege Pro8 gram may be transferred to any other appropriation con9 tained in this Act solely for the purpose of implementing 

10 a Mentor-Protege Program developmental assistance 

11 agreement pursuant to section 831 of the National De12 fense Authorization Act for Fiscal Year 1991 (Public Law 

13 101–510; 10 U.S.C. 2302 note), as amended, under the 

14 authority of this provision or any other transfer authority 

15 contained in this Act. 

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

17 available for the purchase by the Department of Defense 

18 (and its departments and agencies) of welded shipboard 

19 anchor and mooring chain 4 inches in diameter and under 

20 unless the anchor and mooring chain are manufactured 

21 in the United States from components which are substan22 tially manufactured in the United States: Provided, That 

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

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

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1 ing process): Provided further, That for the purpose of this 

2 section substantially all of the components of anchor and 

3 mooring chain shall be considered to be produced or manu4 factured in the United States if the aggregate cost of the 

5 components produced or manufactured in the United 

6 States exceeds the aggregate cost of the components pro7 duced or manufactured outside the United States: Pro8 vided further, That when adequate domestic supplies are 

9 not available to meet Department of Defense requirements 

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

11 for the procurement may waive this restriction on a case12 by-case basis by certifying in writing to the Committees 

13 on Appropriations that such an acquisition must be made 

14 in order to acquire capability for national security pur15 poses. 

16 SEC. 8017. None of the funds available to the De17 partment of Defense may be used to demilitarize or dis18 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

19 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

20 to demilitarize or destroy small arms ammunition or am21 munition components that are not otherwise prohibited 

22 from commercial sale under Federal law, unless the small 

23 arms ammunition or ammunition components are certified 

24 by the Secretary of the Army or designee as unserviceable 

25 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. 479a– 

2 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 (INCLUDING TRANSFER OF FUNDS)

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

20 under the heading ‘‘Operation and Maintenance, Defense21 wide’’, $25,000,000 shall be for continued implementation 

22 and expansion of the Sexual Assault Special Victims’ 

23 Counsel Program: Provided, That the funds are made 

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

25 Department of the Navy, and the Department of the Air 


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1 Force: Provided further, That funds transferred shall be 

2 merged with and available for the same purposes and for 

3 the same time period as the appropriations to which the 

4 funds are transferred: Provided further, That this transfer 

5 authority is in addition to any other transfer authority 

6 provided in this Act. 

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

8 IV of this Act may be used to procure end-items for deliv9 ery to military forces for operational training, operational 

10 use or inventory requirements: Provided, That this restric11 tion does not apply to end-items used in development, 

12 prototyping, and test activities preceding and leading to 

13 acceptance for operational use: Provided further, That this 

14 restriction does not apply to programs funded within the 

15 National Intelligence Program: Provided further, That the 

16 Secretary of Defense may waive this restriction on a case17 by-case basis by certifying in writing to the Committees 

18 on Appropriations of the House of Representatives and the 

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

20 so. 

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

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

23 each limitation on the procurement of defense items from 

24 foreign sources provided in law if the Secretary determines 

25 that the application of the limitation with respect to that 


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1 country would invalidate cooperative programs entered 

2 into between the Department of Defense and the foreign 

3 country, or would invalidate reciprocal trade agreements 

4 for the procurement of defense items entered into under 

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

6 country does not discriminate against the same or similar 

7 defense items produced in the United States for that coun8 try. 

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

10 (1) contracts and subcontracts entered into on 

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

12 (2) options for the procurement of items that 

13 are exercised after such date under contracts that 

14 are entered into before such date if the option prices 

15 are adjusted for any reason other than the applica16 tion of a waiver granted under subsection (a). 

17 (c) Subsection (a) does not apply to a limitation re18 garding construction of public vessels, ball and roller bear19 ings, food, and clothing or textile materials as defined by 

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

21 Schedule of the United States and products classified 

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

23 6505, 7019, 7218 through 7229, 7304.41 through 

24 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

25 8211, 8215, and 9404. 


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1 SEC. 8058. None of the funds appropriated or other2 wise made available by this or other Department of De3 fense Appropriations Acts may be obligated or expended 

4 for the purpose of performing repairs or maintenance to 

5 military family housing units of the Department of De6 fense, including areas in such military family housing 

7 units that may be used for the purpose of conducting offi8 cial Department of Defense business. 

9 SEC. 8059. Notwithstanding any other provision of 

10 law, funds appropriated in this Act under the heading 

11 ‘‘Research, Development, Test and Evaluation, Defense12 Wide’’ for any new start advanced concept technology 

13 demonstration project or joint capability demonstration 

14 project may only be obligated 45 days after a report, in15 cluding a description of the project, the planned acquisi16 tion and transition strategy and its estimated annual and 

17 total cost, has been provided in writing to the congres18 sional defense committees: Provided, That the Secretary 

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

20 basis by certifying to the congressional defense committees 

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

22 SEC. 8060. The Secretary of Defense shall continue 

23 to provide a classified quarterly report to the House and 

24 Senate Appropriations Committees, Subcommittees on 


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1 Defense on certain matters as directed in the classified 

2 annex accompanying this Act. 

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

4 10, United States Code, a Reserve who is a member of 

5 the National Guard serving on full-time National Guard 

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

7 may perform duties in support of the ground-based ele8 ments of the National Ballistic Missile Defense System. 

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

10 may be used to transfer to any nongovernmental entity 

11 ammunition held by the Department of Defense that has 

12 a center-fire cartridge and a United States military no13 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

16 entity performing demilitarization services for the Depart17 ment of Defense under a contract that requires the entity 

18 to demonstrate to the satisfaction of the Department of 

19 Defense that armor piercing projectiles are either: 

20 (1) rendered incapable of reuse by the demili21 tarization process; or 

22 (2) used to manufacture ammunition pursuant 

23 to a contract with the Department of Defense or the 

24 manufacture of ammunition for export pursuant to 


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1 a License for Permanent Export of Unclassified 

2 Military Articles issued by the Department of State. 

3 SEC. 8063. Notwithstanding any other provision of 

4 law, the Chief of the National Guard Bureau, or his des5 ignee, may waive payment of all or part of the consider6 ation that otherwise would be required under section 2667 

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

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

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

10 United States Code, or any other youth, social, or fra11 ternal nonprofit organization as may be approved by the 

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

13 a case-by-case basis. 

14 (INCLUDING TRANSFER OF FUNDS)

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

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

17 $75,950,170 shall remain available until expended: Pro18 vided, That, notwithstanding any other provision of law, 

19 the Secretary of Defense is authorized to transfer such 

20 funds to other activities of the Federal Government: Pro21 vided further, That the Secretary of Defense is authorized 

22 to enter into and carry out contracts for the acquisition 

23 of real property, construction, personal services, and oper24 ations related to projects carrying out the purposes of this 

25 section: Provided further, That contracts entered into 


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1 under the authority of this section may provide for such 

2 indemnification as the Secretary determines to be nec3 essary: Provided further, That projects authorized by this 

4 section shall comply with applicable Federal, State, and 

5 local law to the maximum extent consistent with the na6 tional security, as determined by the Secretary of Defense. 

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

8 or any other Act may be used to take any action to mod9 ify— 

10 (1) the appropriations account structure for the 

11 National Intelligence Program budget, including 

12 through the creation of a new appropriation or new 

13 appropriation account; 

14 (2) how the National Intelligence Program 

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

16 R–1, and O–1 documents supporting the Depart17 ment of Defense budget request; 

18 (3) the process by which the National Intel19 ligence Program appropriations are apportioned to 

20 the executing agencies; or 

21 (4) the process by which the National Intel22 ligence Program appropriations are allotted, obli23 gated and disbursed. 

24 (b) Nothing in section (a) shall be construed to pro25 hibit the merger of programs or changes to the National 


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1 Intelligence Program budget at or below the Expenditure 

2 Center level, provided such change is otherwise in accord3 ance with paragraphs (a)(1)–(3). 

4 (c) The Director of National Intelligence and the Sec5 retary of Defense may jointly, only for the purposes of 

6 achieving auditable financial statements and improving 

7 fiscal reporting, study and develop detailed proposals for 

8 alternative financial management processes. Such study 

9 shall include a comprehensive counterintelligence risk as10 sessment to ensure that none of the alternative processes 

11 will adversely affect counterintelligence. 

12 (d) Upon development of the detailed proposals de13 fined under subsection (c), the Director of National Intel14 ligence and the Secretary of Defense shall— 

15 (1) provide the proposed alternatives to all af16 fected agencies; 

17 (2) receive certification from all affected agen18 cies attesting that the proposed alternatives will help 

19 achieve auditability, improve fiscal reporting, and 

20 will not adversely affect counterintelligence; and 

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

22 necessary certifications under paragraph (2), present 

23 the proposed alternatives and certifications to the 

24 congressional defense and intelligence committees. 


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1 (e) This section shall not be construed to alter or af2 fect the application of section 1633 of the National De3 fense Authorization Act for Fiscal Year 2016 to the 

4 amounts made available by this Act. 

5 SEC. 8066. In addition to amounts provided else6 where in this Act, $5,000,000 (increased by $5,000,000) 

7 is hereby appropriated to the Department of Defense, to 

8 remain available for obligation until expended: Provided, 

9 That notwithstanding any other provision of law, that 

10 upon the determination of the Secretary of Defense that 

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

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

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

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

16 an eligible military beneficiary. 

17 (INCLUDING TRANSFER OF FUNDS)

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

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

20 ‘‘Research, Development, Test and Evaluation, Defense21 Wide’’, $600,735,000 (increased by $10,000,000) (in22 creased by $25,000,000) shall be for the Israeli Coopera23 tive Programs: Provided, That of this amount, 

24 $62,000,000 (increased by $10,000,000) shall be for the 

25 Secretary of Defense to provide to the Government of 


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1 Israel for the procurement of the Iron Dome defense sys2 tem to counter short-range rocket threats, subject to the 

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

4 amended; $266,511,000 shall be for the Short Range Bal5 listic Missile Defense (SRBMD) program, including cruise 

6 missile defense research and development under the 

7 SRBMD program, of which $150,000,000 shall be for co8 production activities of SRBMD missiles in the United 

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

10 consistent with each nation’s laws, regulations, and proce11 dures, of which not more than $90,000,000, subject to 

12 previously established transfer procedures, may be obli13 gated or expended until establishment of a U.S.-Israeli co14 production agreement for SRBMD; $204,893,000 shall be 

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

16 Architecture, of which $120,000,000 shall be for co-pro17 duction activities of Arrow 3 Upper Tier 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 $70,000,000, 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 Arrow 3 Upper Tier; and 

24 $67,331,000 shall be for the Arrow System Improvement 

25 Program including development of a long range, ground 


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

2 transfer authority provided under this provision is in addi3 tion to any other transfer authority contained in this Act. 

4 (INCLUDING TRANSFER OF FUNDS)

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

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

7 $160,274,000 shall be available until September 30, 2017, 

8 to fund prior year shipbuilding cost increases: Provided, 

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

10 Navy shall transfer funds to the following appropriations 

11 in the amounts specified: Provided further, That the 

12 amounts transferred shall be merged with and be available 

13 for the same purposes as the appropriations to which 

14 transferred to: 

15 (1) Under the heading ‘‘Shipbuilding and Con16 version, Navy’’, 2012/2017: LPD–17 Amphibious 

17 Transport Dock Program $45,060,000; 

18 (2) Under the heading ‘‘Shipbuilding and Con19 version, Navy’’, 2011/2017: DDG–51 Destroyer 

20 $15,959,000; 

21 (3) Under the heading ‘‘Shipbuilding and Con22 version, Navy’’, 2012/2017: Littoral Combat Ship 

23 $3,600,000; 


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1 (4) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2013/2017: Littoral Combat Ship 

3 $82,400,000; 

4 (5) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2012/2017: Expeditionary Fast 

6 Transport $6,710,000; and 

7 (6) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2013/2017: Expeditionary Fast 

9 Transport $6,545,000. 

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

11 available by the transfer of funds in this Act, for intel12 ligence activities are deemed to be specifically authorized 

13 by the Congress for purposes of section 504 of the Na14 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

15 year 2017 until the enactment of the Intelligence Author16 ization Act for Fiscal Year 2017. 

17 SEC. 8070. None of the funds provided in this Act 

18 shall be available for obligation or expenditure through a 

19 reprogramming of funds that creates or initiates a new 

20 program, project, or activity unless such program, project, 

21 or activity must be undertaken immediately in the interest 

22 of national security and only after written prior notifica23 tion to the congressional defense committees. 

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

25 year 2018 submitted to the Congress pursuant to section 


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1 1105 of title 31, United States Code, shall include sepa2 rate budget justification documents for costs of United 

3 States Armed Forces’ participation in contingency oper4 ations for the Military Personnel accounts, the Operation 

5 and Maintenance accounts, the Procurement accounts, 

6 and the Research, Development, Test and Evaluation ac7 counts: Provided, That these documents shall include a de8 scription of the funding requested for each contingency op9 eration, for each military service, to include all Active and 

10 Reserve components, and for each appropriations account: 

11 Provided further, That these documents shall include esti12 mated costs for each element of expense or object class, 

13 a reconciliation of increases and decreases for each contin14 gency operation, and programmatic data including, but 

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

16 component, and estimates of the major weapons systems 

17 deployed in support of each contingency: Provided further, 

18 That these documents shall include budget exhibits OP– 

19 5 and OP–32 (as defined in the Department of Defense 

20 Financial Management Regulation) for all contingency op21 erations for the budget year and the two preceding fiscal 

22 years. 

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

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1 ment or deployment of nuclear armed interceptors of a 

2 missile defense system. 

3 SEC. 8073. Notwithstanding any other provision of 

4 this Act, to reflect savings due to favorable foreign ex5 change rates, the total amount appropriated in this Act 

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

7 SEC. 8074. None of the funds appropriated or made 

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

9 the operation of the 53rd Weather Reconnaissance Squad10 ron of the Air Force Reserve, if such action would reduce 

11 the WC–130 Weather Reconnaissance mission below the 

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

13 shall allow the 53rd Weather Reconnaissance Squadron to 

14 perform other missions in support of national defense re15 quirements during the non-hurricane season. 

16 SEC. 8075. None of the funds provided in this Act 

17 shall be available for integration of foreign intelligence in18 formation unless the information has been lawfully col19 lected and processed during the conduct of authorized for20 eign intelligence activities: Provided, That information 

21 pertaining to United States persons shall only be handled 

22 in accordance with protections provided in the Fourth 

23 Amendment of the United States Constitution as imple24 mented through Executive Order No. 12333. 


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1 SEC. 8076. (a) None of the funds appropriated by 

2 this Act may be used to transfer research and develop3 ment, acquisition, or other program authority relating to 

4 current tactical unmanned aerial vehicles (TUAVs) from 

5 the Army. 

6 (b) The Army shall retain responsibility for and oper7 ational control of the MQ–1C Gray Eagle Unmanned Aer8 ial Vehicle (UAV) in order to support the Secretary of De9 fense in matters relating to the employment of unmanned 

10 aerial vehicles. 

11 SEC. 8077. Up to $15,000,000 of the funds appro12 priated under the heading ‘‘Operation and Maintenance, 

13 Navy’’ may be made available for the Asia Pacific Re14 gional Initiative Program for the purpose of enabling the 

15 Pacific Command to execute Theater Security Cooperation 

16 activities such as humanitarian assistance, and payment 

17 of incremental and personnel costs of training and exer18 cising with foreign security forces: Provided, That funds 

19 made available for this purpose may be used, notwith20 standing any other funding authorities for humanitarian 

21 assistance, security assistance or combined exercise ex22 penses: Provided further, That funds may not be obligated 

23 to provide assistance to any foreign country that is other24 wise prohibited from receiving such type of assistance 

25 under any other provision of law. 


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

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

3 Intelligence shall remain available for obligation beyond 

4 the current fiscal year, except for funds appropriated for 

5 research and technology, which shall remain available until 

6 September 30, 2018. 

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

8 31, United States Code, any subdivision of appropriations 

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

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

11 purpose as any subdivision under the heading ‘‘Ship12 building and Conversion, Navy’’ appropriations in any 

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

14 to the total amount of the appropriation. 

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

16 of enactment of this Act, the Director of National Intel17 ligence shall submit a report to the congressional intel18 ligence committees to establish the baseline for application 

19 of reprogramming and transfer authorities for fiscal year 

20 2017: Provided, That the report shall include— 

21 (1) a table for each appropriation with a sepa22 rate column to display the President’s budget re23 quest, adjustments made by Congress, adjustments 

24 due to enacted rescissions, if appropriate, and the 

25 fiscal year enacted level; 


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1 (2) a delineation in the table for each appro2 priation by Expenditure Center and project; and 

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

5 (b) None of the funds provided for the National Intel6 ligence Program in this Act shall be available for re7 programming or transfer until the report identified in sub8 section (a) is submitted to the congressional intelligence 

9 committees, unless the Director of National Intelligence 

10 certifies in writing to the congressional intelligence com11 mittees that such reprogramming or transfer is necessary 

12 as an emergency requirement. 

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

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

15 Contracting Command—New Jersey or make dispropor16 tionate personnel reductions at any Army Contracting 

17 Command—New Jersey sites without 30-day prior notifi18 cation to the congressional defense committees. 

19 SEC. 8082. None of the funds made available by this 

20 Act for excess defense articles, assistance under section 

21 2282 of title 10, United States Code, or peacekeeping op22 erations for the countries designated annually to be in vio23 lation of the standards of the Child Soldiers Prevention 

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

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1 ation that includes child soldiers, as defined by the Child 

2 Soldiers Prevention Act of 2008, unless such assistance 

3 is otherwise permitted under section 404 of the Child Sol4 diers Prevention Act of 2008. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8083. Of the funds appropriated in the Intel7 ligence Community Management Account for the Program 

8 Manager for the Information Sharing Environment, 

9 $17,000,000 is available for transfer by the Director of 

10 National Intelligence to other departments and agencies 

11 for purposes of Government-wide information sharing ac12 tivities: Provided, That funds transferred under this provi13 sion are to be merged with and available for the same pur14 poses and time period as the appropriation to which trans15 ferred: Provided further, That the Office of Management 

16 and Budget must approve any transfers made under this 

17 provision. 

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

19 National Intelligence Program in this or any prior appro20 priations Act shall be available for obligation or expendi21 ture through a reprogramming or transfer of funds in ac22 cordance with section 102A(d) of the National Security 

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

24 (1) creates a new start effort; 


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1 (2) terminates a program with appropriated 

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

3 (3) transfers funding into or out of the Na4 tional Intelligence Program; or 

5 (4) transfers funding between appropriations, 

6 unless the congressional intelligence committees are 

7 notified 30 days in advance of such reprogramming 

8 of funds; this notification period may be reduced for 

9 urgent national security requirements. 

10 (b) None of the funds provided for the National Intel11 ligence Program in this or any prior appropriations Act 

12 shall be available for obligation or expenditure through a 

13 reprogramming or transfer of funds in accordance with 

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

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

16 decrease of the levels specified in the classified annex ac17 companying the Act unless the congressional intelligence 

18 committees are notified 30 days in advance of such re19 programming of funds; this notification period may be re20 duced for urgent national security requirements. 

21 SEC. 8085. The Director of National Intelligence 

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

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

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

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1 ciated annexes) reflecting the estimated expenditures and 

2 proposed appropriations included in that budget. Any such 

3 future-years intelligence program shall cover the fiscal 

4 year with respect to which the budget is submitted and 

5 at least the four succeeding fiscal years. 

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

7 ‘‘congressional intelligence committees’’ means the Perma8 nent Select Committee on Intelligence of the House of 

9 Representatives, the Select Committee on Intelligence of 

10 the Senate, the Subcommittee on Defense of the Com11 mittee on Appropriations of the House of Representatives, 

12 and the Subcommittee on Defense of the Committee on 

13 Appropriations of the Senate. 

14 SEC. 8087. The Department of Defense shall con15 tinue to report incremental contingency operations costs 

16 for Operation Inherent Resolve, Operation Freedom’s Sen17 tinel, and any named successor operations, on a monthly 

18 basis and any other operation designated and identified 

19 by the Secretary of Defense for the purposes of section 

20 127a of title 10, United States Code, on a semi-annual 

21 basis in the Cost of War Execution Report as prescribed 

22 in the Department of Defense Financial Management 

23 Regulation Department of Defense Instruction 7000.14, 

24 Volume 12, Chapter 23 ‘‘Contingency Operations’’, Annex 

25 1, dated September 2005. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8088. During the current fiscal year, not to ex3 ceed $11,000,000 from each of the appropriations made 

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

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

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

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8089. Funds appropriated by this Act may be 

12 available for the purpose of making remittances and trans13 fers to the Defense Acquisition Workforce Development 

14 Fund in accordance with section 1705 of title 10, United 

15 States Code. 

16 SEC. 8090. (a) Any agency receiving funds made 

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

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

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

20 other Act, upon the determination by the head of the agen21 cy that it shall serve the national interest. 

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

23 (1) the public posting of the report com24 promises national security; or 

25 (2) the report contains proprietary information. 


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

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

3 the requesting Committee or Committees of Congress for 

4 no less than 45 days. 

5 SEC. 8091. (a) None of the funds appropriated or 

6 otherwise made available by this Act may be expended for 

7 any Federal contract for an amount in excess of 

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

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

10 employees or independent contractors that requires, 

11 as a condition of employment, that the employee or 

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

14 Rights Act of 1964 or any tort related to or arising 

15 out of sexual assault or harassment, including as16 sault and battery, intentional infliction of emotional 

17 distress, false imprisonment, or negligent hiring, su18 pervision, or retention; or 

19 (2) take any action to enforce any provision of 

20 an existing agreement with an employee or inde21 pendent contractor that mandates that the employee 

22 or independent contractor resolve through arbitra23 tion any claim under title VII of the Civil Rights Act 

24 of 1964 or any tort related to or arising out of sex25 ual assault or harassment, including assault and 


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1 battery, intentional infliction of emotional distress, 

2 false imprisonment, or negligent hiring, supervision, 

3 or retention. 

4 (b) None of the funds appropriated or otherwise 

5 made available by this Act may be expended for any Fed6 eral contract unless the contractor certifies that it requires 

7 each covered subcontractor to agree not to enter into, and 

8 not to take any action to enforce any provision of, any 

9 agreement as described in paragraphs (1) and (2) of sub10 section (a), with respect to any employee or independent 

11 contractor performing work related to such subcontract. 

12 For purposes of this subsection, a ‘‘covered subcon13 tractor’’ is an entity that has a subcontract in excess of 

14 $1,000,000 on a contract subject to subsection (a). 

15 (c) The prohibitions in this section do not apply with 

16 respect to a contractor’s or subcontractor’s agreements 

17 with employees or independent contractors that may not 

18 be enforced in a court of the United States. 

19 (d) The Secretary of Defense may waive the applica20 tion of subsection (a) or (b) to a particular contractor or 

21 subcontractor for the purposes of a particular contract or 

22 subcontract if the Secretary or the Deputy Secretary per23 sonally determines that the waiver is necessary to avoid 

24 harm to national security interests of the United States, 

25 and that the term of the contract or subcontract is not 


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1 longer than necessary to avoid such harm. The determina2 tion shall set forth with specificity the grounds for the 

3 waiver and for the contract or subcontract term selected, 

4 and shall state any alternatives considered in lieu of a 

5 waiver and the reasons each such alternative would not 

6 avoid harm to national security interests of the United 

7 States. The Secretary of Defense shall transmit to Con8 gress, and simultaneously make public, any determination 

9 under this subsection not less than 15 business days be10 fore the contract or subcontract addressed in the deter11 mination may be awarded. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8092. From within the funds appropriated for 

14 operation and maintenance for the Defense Health Pro15 gram in this Act, up to $122,375,000, shall be available 

16 for transfer to the Joint Department of Defense-Depart17 ment of Veterans Affairs Medical Facility Demonstration 

18 Fund in accordance with the provisions of section 1704 

19 of the National Defense Authorization Act for Fiscal Year 

20 2010, Public Law 111–84: Provided, That for purposes 

21 of section 1704(b), the facility operations funded are oper22 ations of the integrated Captain James A. Lovell Federal 

23 Health Care Center, consisting of the North Chicago Vet24 erans Affairs Medical Center, the Navy Ambulatory Care 

25 Center, and supporting facilities designated as a combined 


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1 Federal medical facility as described by section 706 of 

2 Public Law 110–417: Provided further, That additional 

3 funds may be transferred from funds appropriated for op4 eration and maintenance for the Defense Health Program 

5 to the Joint Department of Defense-Department of Vet6 erans Affairs Medical Facility Demonstration Fund upon 

7 written notification by the Secretary of Defense to the 

8 Committees on Appropriations of the House of Represent9 atives and the Senate. 

10 SEC. 8093. Appropriations available to the Depart11 ment of Defense may be used for the purchase of heavy 

12 and light armored vehicles for the physical security of per13 sonnel or for force protection purposes up to a limit of 

14 $450,000 per vehicle, notwithstanding price or other limi15 tations applicable to the purchase of passenger carrying 

16 vehicles. 

17 SEC. 8094. None of the funds appropriated or other18 wise made available by this Act may be used by the De19 partment of Defense or a component thereof in contraven20 tion of the provisions of section 130h of title 10, United 

21 States Code. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8095. Upon a determination by the Director of 

24 National Intelligence that such action is necessary and in 

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


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

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

3 Act for the National Intelligence Program: Provided, That 

4 such authority to transfer may not be used unless for 

5 higher priority items, based on unforeseen intelligence re6 quirements, than those for which originally appropriated 

7 and in no case where the item for which funds are re8 quested has been denied by the Congress: Provided further, 

9 That a request for multiple reprogrammings of funds 

10 using authority provided in this section shall be made 

11 prior to June 30, 2017. 

12 SEC. 8096. None of the funds appropriated or other13 wise made available in this or any other Act may be used 

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

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

16 Khalid Sheikh Mohammed or any other detainee who— 

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

18 of the Armed Forces of the United States; and 

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

20 at United States Naval Station, Guantanamo Bay, 

21 Cuba, by the Department of Defense. 

22 SEC. 8097. (a) None of the funds appropriated or 

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

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

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


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

2 detention or imprisonment in the custody or under the ef3 fective control of the Department of Defense. 

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

5 to any modification of facilities at United States Naval 

6 Station, Guantanamo Bay, Cuba. 

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

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

9 States Naval Station, Guantanamo Bay, Cuba, and who— 

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

11 member of the Armed Forces of the United States; 

12 and 

13 (2) is— 

14 (A) in the custody or under the effective 

15 control of the Department of Defense; or 

16 (B) otherwise under detention at United 

17 States Naval Station, Guantanamo Bay, Cuba. 

18 SEC. 8098. None of the funds appropriated or other19 wise made available in this Act may be used to transfer 

20 any individual detained at United States Naval Station 

21 Guantanamo Bay, Cuba, to the custody or control of the 

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

23 or any other foreign entity except in accordance with sec24 tion 1034 of the National Defense Authorization Act for 

25 Fiscal Year 2016 (Public Law 114–92) and section 1034 


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1 of the National Defense Authorization Act for Fiscal Year 

2 2017. 

3 SEC. 8099. None of the funds made available by this 

4 Act may be used in contravention of the War Powers Res5 olution (50 U.S.C. 1541 et seq.). 

6 SEC. 8100. None of the funds made available by this 

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

8 other Federal agency to lease or purchase new light duty 

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

10 inventory, except in accordance with Presidential Memo11 randum-Federal Fleet Performance, dated May 24, 2011. 

12 SEC. 8101. (a) None of the funds appropriated or 

13 otherwise made available by this or any other Act may 

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

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

16 contract, memorandum of understanding, or cooperative 

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

18 or loan guarantee to Rosoboronexport or any subsidiary 

19 of Rosoboronexport. 

20 (b) The Secretary of Defense may waive the limita21 tion in subsection (a) if the Secretary, in consultation with 

22 the Secretary of State and the Director of National Intel23 ligence, determines that it is in the vital national security 

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1 ing to the congressional defense committees that, to the 

2 best of the Secretary’s knowledge: 

3 (1) Rosoboronexport has ceased the transfer of 

4 lethal military equipment to, and the maintenance of 

5 existing lethal military equipment for, the Govern6 ment of the Syrian Arab Republic; 

7 (2) The armed forces of the Russian Federation 

8 have withdrawn from Crimea, other than armed 

9 forces present on military bases subject to agree10 ments in force between the Government of the Rus11 sian Federation and the Government of Ukraine; 

12 and 

13 (3) Agents of the Russian Federation have 

14 ceased taking active measures to destabilize the con15 trol of the Government of Ukraine over eastern 

16 Ukraine. 

17 (c) The Inspector General of the Department of De18 fense shall conduct a review of any action involving 

19 Rosoboronexport with respect to a waiver issued by the 

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

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

22 is issued by the Secretary of Defense, the Inspector Gen23 eral shall submit to the congressional defense committees 

24 a report containing the results of the review conducted 

25 with respect to such waiver. 


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1 SEC. 8102. None of the funds made available in this 

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

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

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

5 States Code. 

6 SEC. 8103. (a) Of the funds appropriated in this Act 

7 for the Department of Defense, amounts may be made 

8 available, under such regulations as the Secretary of De9 fense may prescribe, to local military commanders ap10 pointed by the Secretary, or by an officer or employee des11 ignated by the Secretary, to provide at their discretion ex 

12 gratia payments in amounts consistent with subsection (d) 

13 of this section for damage, personal injury, or death that 

14 is incident to combat operations of the Armed Forces in 

15 a foreign country. 

16 (b) An ex gratia payment under this section may be 

17 provided only if— 

18 (1) the prospective foreign civilian recipient is 

19 determined by the local military commander to be 

20 friendly to the United States; 

21 (2) a claim for damages would not be compen22 sable under chapter 163 of title 10, United States 

23 Code (commonly known as the ‘‘Foreign Claims 

24 Act’’); and 


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1 (3) the property damage, personal injury, or 

2 death was not caused by action by an enemy. 

3 (c) NATURE OF PAYMENTS.—Any payments provided 

4 under a program under subsection (a) shall not be consid5 ered an admission or acknowledgement of any legal obliga6 tion to compensate for any damage, personal injury, or 

7 death. 

8 (d) AMOUNT OF PAYMENTS.—If the Secretary of De9 fense determines a program under subsection (a) to be ap10 propriate in a particular setting, the amounts of pay11 ments, if any, to be provided to civilians determined to 

12 have suffered harm incident to combat operations of the 

13 Armed Forces under the program should be determined 

14 pursuant to regulations prescribed by the Secretary and 

15 based on an assessment, which should include such factors 

16 as cultural appropriateness and prevailing economic condi17 tions. 

18 (e) LEGAL ADVICE.—Local military commanders 

19 shall receive legal advice before making ex gratia pay20 ments under this subsection. The legal advisor, under reg21 ulations of the Department of Defense, shall advise on 

22 whether an ex gratia payment is proper under this section 

23 and applicable Department of Defense regulations. 

24 (f) WRITTEN RECORD.—A written record of any ex 

25 gratia payment offered or denied shall be kept by the local 


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1 commander and on a timely basis submitted to the appro2 priate office in the Department of Defense as determined 

3 by the Secretary of Defense. 

4 (g) REPORT.—The Secretary of Defense shall report 

5 to the congressional defense committees on an annual 

6 basis the efficacy of the ex gratia payment program in7 cluding the number of types of cases considered, amounts 

8 offered, the response from ex gratia payment recipients, 

9 and any recommended modifications to the program. 

10 SEC. 8104. None of the funds available in this Act 

11 to the Department of Defense, other than appropriations 

12 made for necessary or routine refurbishments, upgrades 

13 or maintenance activities, shall be used to reduce or to 

14 prepare to reduce the number of deployed and non-de15 ployed strategic delivery vehicles and launchers below the 

16 levels set forth in the report submitted to Congress in ac17 cordance with section 1042 of the National Defense Au18 thorization Act for Fiscal Year 2012. 

19 SEC. 8105. The Secretary of Defense shall post grant 

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

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

22 Act may be used to fund the performance of a flight dem23 onstration team at a location outside of the United States: 

24 Provided, That this prohibition applies only if a perform25 ance of a flight demonstration team at a location within 


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1 the United States was canceled during the current fiscal 

2 year due to insufficient funding. 

3 SEC. 8107. None of the funds made available by this 

4 Act may be used by the National Security Agency to— 

5 (1) conduct an acquisition pursuant to section 

6 702 of the Foreign Intelligence Surveillance Act of 

7 1978 for the purpose of targeting a United States 

8 person; or 

9 (2) acquire, monitor, or store the contents (as 

10 such term is defined in section 2510(8) of title 18, 

11 United States Code) of any electronic communica12 tion of a United States person from a provider of 

13 electronic communication services to the public pur14 suant to section 501 of the Foreign Intelligence Sur15 veillance Act of 1978. 

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

17 Act may be obligated or expended to implement the Arms 

18 Trade Treaty until the Senate approves a resolution of 

19 ratification for the Treaty. 

20 SEC. 8109. None of the funds made available in this 

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

22 officer or employee of any agency funded by this Act who 

23 approves or implements the transfer of administrative re24 sponsibilities or budgetary resources of any program, 

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


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1 of another Federal agency not financed by this Act with2 out the express authorization of Congress: Provided, That 

3 this limitation shall not apply to transfers of funds ex4 pressly provided for in Defense Appropriations Acts, or 

5 provisions of Acts providing supplemental appropriations 

6 for the Department of Defense. 

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

8 Act may be obligated for activities authorized under sec9 tion 1208 of the Ronald W. Reagan National Defense Au10 thorization Act for Fiscal Year 2005 (Public Law 112– 

11 81; 125 Stat. 1621) to initiate support for, or expand sup12 port to, foreign forces, irregular forces, groups, or individ13 uals unless the congressional defense committees are noti14 fied in accordance with the direction contained in the clas15 sified annex accompanying this Act, not less than 15 days 

16 before initiating such support: Provided, That none of the 

17 funds made available in this Act may be used under sec18 tion 1208 for any activity that is not in support of an 

19 ongoing military operation being conducted by United 

20 States Special Operations Forces to combat terrorism: 

21 Provided further, That the Secretary of Defense may waive 

22 the prohibitions in this section if the Secretary determines 

23 that such waiver is required by extraordinary cir24 cumstances and, by not later than 72 hours after making 


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1 such waiver, notifies the congressional defense committees 

2 of such waiver. 

3 SEC. 8111. None of the funds made available by this 

4 Act may be used with respect to Iraq in contravention of 

5 the War Powers Resolution (50 U.S.C. 1541 et seq.), in6 cluding for the introduction of United States armed forces 

7 into hostilities in Iraq, into situations in Iraq where immi8 nent involvement in hostilities is clearly indicated by the 

9 circumstances, or into Iraqi territory, airspace, or waters 

10 while equipped for combat, in contravention of the con11 gressional consultation and reporting requirements of sec12 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 

13 1543). 

14 SEC. 8112. None of the funds made available by this 

15 Act may be used to divest, retire, transfer, or place in stor16 age or on backup aircraft inventory status, or prepare to 

17 divest, retire, transfer, or place in storage or on backup 

18 aircraft inventory status, any A–10 aircraft, or to dises19 tablish any units of the active or reserve component associ20 ated with such aircraft. 

21 SEC. 8113. Of the funds provided for ‘‘Research, De22 velopment, Test and Evaluation, Defense-Wide’’ in this 

23 Act, not less than $2,800,000 shall be used to support 

24 the Department’s activities related to the implementation 

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1 lic Law 113–101; 31 U.S.C. 6101 note) and to support 

2 the implementation of a uniform procurement instrument 

3 identifier as described in subpart 4.16 of Title 48, Code 

4 of Federal Regulations, to include changes in business 

5 processes, workforce, or information technology. 

6 SEC. 8114. None of the funds provided in this Act 

7 for the T–AO(X) program shall be used to award a new 

8 contract that provides for the acquisition of the following 

9 components unless those components are manufactured in 

10 the United States: Auxiliary equipment (including pumps) 

11 for shipboard services; propulsion equipment (including 

12 engines, reduction gears, and propellers); shipboard 

13 cranes; and spreaders for shipboard cranes. 

14 SEC. 8115. The amount appropriated in title II for 

15 ‘‘Operation and Maintenance, Army’’ is hereby reduced by 

16 $336,000,000 to reflect excess cash balances in Depart17 ment of Defense Working Capital Funds. 

18 SEC. 8116. Notwithstanding any other provision of 

19 this Act, to reflect savings due to lower than anticipated 

20 fuel costs, the total amount appropriated in title II of this 

21 Act is hereby reduced by $1,493,000,000. 

22 SEC. 8117. None of the funds made available by this 

23 Act may be used to divest or retire, or to prepare to divest 

24 or retire, KC–10 aircraft. 


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1 SEC. 8118. None of the funds made available by this 

2 Act may be used to divest, retire, transfer, or place in stor3 age or on backup aircraft inventory status, or prepare to 

4 divest, retire, transfer, or place in storage or on backup 

5 aircraft inventory status, any EC–130H aircraft. 

6 SEC. 8119. None of the funds made available by this 

7 Act may be used for Government Travel Charge Card ex8 penses by military or civilian personnel of the Department 

9 of Defense for gaming, or for entertainment that includes 

10 topless or nude entertainers or participants, as prohibited 

11 by Department of Defense FMR, Volume 9, Chapter 3 

12 and Department of Defense Instruction 1015.10 (enclo13 sure 3, 14a and 14b). 

14 SEC. 8120. None of the funds made available by this 

15 Act may be used to propose, plan for, or execute a new 

16 or additional Base Realignment and Closure (BRAC) 

17 round. 

18 SEC. 8121. Funds appropriated in title III of this Act 

19 may be used for a multiyear procurement contract as fol20 lows: AH–64E Apache Helicopter and UH–60M 

21 Blackhawk Helicopter. 

22 SEC. 8122. Of the amounts appropriated in this Act 

23 for ‘‘Operation and Maintenance, Navy’’, $274,524,000, 

24 to remain available until expended, may be used for any 

25 purposes related to the National Defense Reserve Fleet 


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1 established under section 11 of the Merchant Ship Sales 

2 Act of 1946 (50 U.S.C. 4405): Provided, That such 

3 amounts are available for reimbursements to the Ready 

4 Reserve Force, Maritime Administration account of the 

5 United States Department of Transportation for pro6 grams, projects, activities, and expenses related to the Na7 tional Defense Reserve Fleet. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8123. Of the funds previously appropriated for 

10 the ‘‘Ship Modernization, Operations and Sustainment 

11 Fund’’, the Secretary of the Navy may transfer such funds 

12 to appropriations for research, development, test and eval13 uation; and procurement, only for the purposes of sus14 taining, equipping, and modernizing the Ticonderoga-class 

15 guided missile cruisers CG–63, CG–64, CG–65, CG–66, 

16 CG–67, CG–68, CG–69, CG–70, CG–71, CG–72, CG–73, 

17 and the Whidbey Island-class dock landing ships LSD– 

18 41, LSD–42, and LSD–46: Provided, That funds trans19 ferred shall be merged with and be available for the same 

20 purposes and for the same time period as the appropria21 tion to which they are transferred: Provided further, That 

22 the transfer authority provided herein shall be in addition 

23 to any other transfer authority provided in the Act: Pro24 vided further, That the Secretary of the Navy shall, not 

25 less than 30 days prior to making any transfer from the 


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1 ‘‘Ship Modernization, Operations and Sustainment 

2 Fund’’, notify the congressional defense committees in 

3 writing of the details of such transfer: Provided further, 

4 That the Secretary of the Navy shall transfer and obligate 

5 funds from the ‘‘Ship Modernization, Operations and 

6 Sustainment Fund’’ for modernization of not more than 

7 two Ticonderoga-class guided missile cruisers: Provided 

8 further, That no more than six Ticonderoga-class guided 

9 missile cruisers shall be in a phased modernization at any 

10 time: Provided further, That the Secretary of the Navy 

11 shall contract for the required modernization equipment 

12 in the year prior to inducting a Ticonderoga-class cruiser 

13 for modernization: Provided further, That the prohibition 

14 in section 2244a(a) of title 10, United States Code, shall 

15 not apply to the use of any funds transferred pursuant 

16 to this section. 

17 SEC. 8124. The Secretary of Defense may use up to 

18 $95,000,000 appropriated in titles II and IV of this Act 

19 to develop, replace, and sustain Federal Government secu20 rity and suitability background investigation information 

21 technology systems of the Office of Personnel Manage22 ment: Provided, That such funds shall supplement, not 

23 supplant any other amounts made available to other Fed24 eral agencies for such purposes. 


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1 SEC. 8125. None of the funds made available by this 

2 Act for the Joint Surveillance Target Attack Radar Sys3 tem recapitalization program may be obligated or ex4 pended for pre-milestone B activities after December 31, 

5 2017. 

6 SEC. 8126. 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. 8127. 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. 8128. 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. 8129. 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. 8130. 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. 8131. 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 section 8005 of this Act. 

6 SEC. 8132. (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. 8133. (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. 8134. 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 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS 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 (reduced by $100,000,000) 

18 (increased by $100,000,000), to remain available until 

19 September 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, $1,295,716,000 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 MISSILE PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Missile Procurement, 

7 Air Force’’, $335,795,000, to remain available until Sep8 tember 30, 2019: Provided, That such amount is des9 ignated by the Congress for Overseas Contingency Oper10 ations/Global War on Terrorism pursuant to section 

11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985: Provided further, That of the 

13 amount provided under this heading, $194,420,000 shall 

14 be made available to support base budget requirements as 

15 detailed in the appropriate account table included under 

16 the heading ‘‘Title IX – Overseas Contingency Operations/ 

17 Global War on Terrorism’’ in the report accompanying 

18 this Act. 

19 PROCUREMENT OF AMMUNITION, AIR FORCE

20 For an additional amount for ‘‘Procurement of Am21 munition, Air Force’’, $478,158,000, to remain available 

22 until September 30, 2019: Provided, That such amount 

23 is designated by the Congress for Overseas Contingency 

24 Operations/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, $323,000,000 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 OTHER PROCUREMENT, AIR FORCE

9 For an additional amount for ‘‘Other Procurement, 

10 Air Force’’, $3,479,781,000, to remain available until 

11 September 30, 2019: Provided, That such amount is des12 ignated by the Congress for Overseas Contingency Oper13 ations/Global War on Terrorism pursuant to section 

14 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 PROCUREMENT, DEFENSE-WIDE

17 For an additional amount for ‘‘Procurement, De18 fense-Wide’’, $389,134,000, 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, $170,000,000 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 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

6 For procurement of rotary-wing aircraft; combat, tac7 tical and support vehicles; other weapons; and other pro8 curement items for the reserve components of the Armed 

9 Forces, $1,000,000,000, to remain available for obligation 

10 until September 30, 2019: Provided, That the Chiefs of 

11 National Guard and Reserve components shall, not later 

12 than 30 days after enactment of this Act, individually sub13 mit to the congressional defense committees the mod14 ernization priority assessment for their respective Na15 tional Guard or Reserve component: Provided further, 

16 That none of the funds made available by this paragraph 

17 may be used to procure manned fixed wing aircraft, or 

18 procure or modify missiles, munitions, or ammunition: 

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 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 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS 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 22:36 Jun 20, 2016 Jkt 059200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H5293.PCS 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 SEC. 10002. None of the funds made available by this 

2 Act may be used to provide arms, training, or other assist3 ance to the Azov Battalion. 

4 SPENDING REDUCTION ACCOUNT

5 SEC. 10003. The amount by which the applicable al6 location of new budget authority made by the Committee 

7 on Appropriations of the House of Representatives under 

8 section 302(b) of the Congressional Budget Act of 1974 

9 exceeds the amount of proposed new budget authority is 

10 $0. 

11 SEC. 10004. None of the funds made available by this 

12 Act may be used to promulgate Directive 293, issued De13 cember 16, 2010, by the Office of Federal Contract Com14 pliance Programs. 

15 SEC. 10005. None of the funds made available by this 

16 Act may be used to enter into a contract with any offeror 

17 or any of its principals if the offeror certifies, as required 

18 by the Federal Acquisition Regulation, that the offeror or 

19 any of its principals— 

20 (1) within a 3-year period preceding the offer 

21 has been convicted of or had a civil judgment ren22 dered against it for commission of fraud or a crimi23 nal offense in connection with obtaining, attempting 

24 to obtain, or performing a public (Federal, State, or 

25 local) contract or subcontract; violation of Federal or 


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1 State antitrust statutes relating to the submission of 

2 offers; or commission of embezzlement, theft, for3 gery, bribery, falsification or destruction of records, 

4 making false statements, tax evasion, violating Fed5 eral criminal tax laws, or receiving stolen property; 

6 (2) is presently indicted for, or otherwise crimi7 nally or civilly charged by a governmental entity 

8 with, commission of any of the offenses enumerated 

9 above in paragraph (1); or 

10 (3) within a 3-year period preceding the offer, 

11 has been notified of any delinquent Federal taxes in 

12 an amount that exceeds $3,000 for which the liabil13 ity remains unsatisfied. 

14 SEC. 10006. None of the funds made available by this 

15 Act may be used to designate or expand a heritage asset 

16 under division A of subtitle III of title 54, United States 

17 Code (commonly referred to as the ‘‘National Historic 

18 Preservation Act’’), in any of Baca, Bent, Crowley, 

19 Huerfano, Kiowa, Las Animas, Otero, Prowers, and Pueb20 lo counties, Colorado. 

21 SEC. 10007. None of the funds made available in this 

22 Act may be used to transfer any individual detained at 

23 United States Naval Station, Guantanamo Bay, Cuba, to 

24 any other location. 


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1 SEC. 10008. None of the funds made available by this 

2 Act may be used to carry out Executive Order No. 13688 

3 entitled ‘‘Federal Support for Local Law Enforcement 

4 Equipment Acquisition’’. 

5 SEC. 10009. None of the funds appropriated by this 

6 Act may be used to plan for, begin, continue, complete, 

7 process, or approve a public-private competition under the 

8 Office of Management and Budget Circular A–76. 

9 SEC. 10010. None of the funds made available by this 

10 Act may be used for performances by a military musical 

11 unit (as defined in section 974 of title 10, United States 

12 Code) described in paragraph (2)(B) or (3) of subsection 

13 (a) of such section. 

14 SEC. 10011. None of the funds appropriated or other15 wise made available in this Act may be used for a contract 

16 under section 2922a of title 10, United States Code, for 

17 energy or fuel for a military installation that is procured 

18 from the Russian Federation. 

19 SEC. 10012. None of the funds made available by this 

20 Act may be used to revise the DoD Food Service Program 

21 Manual (Number 1338.10 and dated December 2, 2014) 

22 to exclude meat. 

23 SEC. 10013. None of the funds appropriated or other24 wise made available in this Act may be used to implement 


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1 Department of Defense Directive 4715.21 on Climate 

2 Change Adaptation and Resilience. 

3 SEC. 10014. None of the funds made available by this 

4 Act may be used to modify a military installation in the 

5 United States, including construction or modification of 

6 a facility on a military installation, to provide temporary 

7 housing for unaccompanied alien children. 

8 SEC. 10015. None of the funds made available by this 

9 Act may be used to carry out or in response to the memo10 randum of the Deputy Assistant Secretary of Defense for 

11 Homeland Defense Integration and Defense Support of 

12 Civil Authorities titled ‘‘Memorandum for Secretaries of 

13 the Military Departments Director, Joint Staff’’ and dated 

14 November 25, 2015. 

15 SEC. 10016. None of the funds made available by this 

16 Act may be used by the Department of Defense to survey, 

17 assess, or review potential locations in the United States 

18 to detain any individual detained at United States Naval 

19 Station, Guantanamo Bay, Cuba, as of the date of the 

20 enactment of this Act. 

21 SEC. 10017. None of the funds appropriated or other22 wise made available in this Act may be used to carry out 

23 any of the following: 

24 (1) Section 2, 3, 4, 5, 6(b)(iii), or 6(c) of Exec25 utive Order No. 13653 (78 Fed. Reg. 66817). 


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1 (2) Section 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, 

2 or 15(b) of Executive Order No. 13693 (80 Fed. 

3 Reg. 15869). 

4 (3) Paragraph (4), (9), (10), or (12) of sub5 section (c) or subsection (e) of section 2911 of title 

6 10, United States Code. 

7 (4) Section 400AA or 400FF of the Energy 

8 Policy and Conservation Act (42 U.S.C. 6374, 

9 6374e). 

10 (5) Section 303 of the Energy Policy Act of 

11 1992 (42 U.S.C. 13212). 

12 (6) Section 203 of the Energy Policy Act of 

13 2005 (42 U.S.C. 15852). 

14 SEC. 10018. None of the funds appropriated or other15 wise made available in this Act may be used to pay for 

16 any salaries or expenses of the office or position of the 

17 Special Envoy for Guantanamo Detention Closure or the 

18 Principal Director, Detainee Policy. 

19 SEC. 10019. None of the funds made available in this 

20 Act may be used to enforce, implement, or carry out the 

21 second proviso in the paragraph designated ‘‘Afghanistan 

22 Security Forces Fund’’ in Public Law 114–113. 


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1 This Act may be cited as the ‘‘Department of Defense 

2 Appropriations Act, 2017’’. 

Passed the House of Representatives June 16, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 524 

114TH CONGRESS 

2D SESSION H. R. 5293 

AN ACT 

Making appropriations for the Department of De2017, and for other purposes. fense for the fiscal year ending September 30, 

JUNE 20, 2016 

Received; read twice and placed on the calendar 


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