166 
intervening extra-judicially into political and judicial 
processes in Pakistan; 
(3) dismantling improvised explosive device 
(IED) networks and interdicting precursor chemicals 
used in the manufacture of IEDs; 
(4) preventing the proliferation of nuclear-re-
lated material and expertise; 
(5) implementing policies to protect judicial 
independence and due process of law; 
(6) issuing visas in a timely manner for United 
States visitors engaged in counterterrorism efforts 
and assistance programs in Pakistan; and 
(7) providing humanitarian organizations access 
to detainees, internally displaced persons, and other 
Pakistani civilians affected by the conflict. 
(b) The Secretary of Defense, in coordination with 
the Secretary of State, may waive the restriction in sub-
section (a) on a case-by-case basis by certifying in writing 
to the congressional defense committees that it is in the 
national security interest to do so: Provided, That if the 
Secretary of Defense, in coordination with the Secretary 
of State, exercises such waiver authority, the Secretaries 
shall report to the congressional defense committees on 
both the justification for the waiver and on the require-
ments of this section that the Government of Pakistan was 
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not able to meet: Provided further, That such report may 
be submitted in classified form if necessary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9018. In addition to amounts otherwise made 
available in this Act, $500,000,000 is hereby appropriated 
to the Department of Defense and made available for 
transfer only to the operation and maintenance, military 
personnel, and procurement accounts, to improve the intel-
ligence, surveillance, and reconnaissance capabilities of the 
Department of Defense: Provided, That the transfer au-
thority provided in this section is in addition to any other 
transfer authority provided elsewhere in this Act: Provided 
further, That not later than 30 days prior to exercising 
the transfer authority provided in this section, the Sec-
retary of Defense shall submit a report to the congres-
sional defense committees on the proposed uses of these 
funds: Provided further, That the funds provided in this 
section may not be transferred to any program, project, 
or activity specifically limited or denied by this Act: Pro-
vided further, That amounts made available by this section 
are designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985: Provided further, That the 
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authority to provide funding under this section shall termi-
nate on September 30, 2017. 
SEC. 9019. None of the funds made available by this 
Act may be used with respect to Syria in contravention 
of the War Powers Resolution (50 U.S.C. 1541 et seq.), 
including for the introduction of United States armed or 
military forces into hostilities in Syria, into situations in 
Syria where imminent involvement in hostilities is clearly 
indicated by the circumstances, or into Syrian territory, 
airspace, or waters while equipped for combat, in con-
travention of the congressional consultation and reporting 
requirements of sections 3 and 4 of that law (50 U.S.C. 
1542 and 1543). 
(RESCISSIONS) 
SEC. 9020. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: Provided, That such 
amounts are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: 
(1) ‘‘Operation and Maintenance, Defense- 
Wide, DSCA Coalition Support Fund’’, 2016/2017, 
$300,000,000; 
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(2) 
‘‘Counterterrorism 
Partnership 
Fund’’, 
2016/2017, $200,000,000; and 
(3) ‘‘Other Procurement, Air Force’’, 2016/ 
2018, $169,000,000. 
SEC. 9021. Each amount designated in this Act by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985 shall be available only if the President subse-
quently so designates all such amounts and transmits such 
designations to the Congress. 
TITLE X—ADDITIONAL GENERAL PROVISIONS 
SEC. 10001. (a) Congress finds that— 
(1) the United States has been engaged in mili-
tary operations against the Islamic State of Iraq and 
the Levant (ISIL) for more than 20 months; 
(2) President Obama submitted an authoriza-
tion for the use of military force against ISIL in 
February 2015; and 
(3) under article 1, section 8 of the Constitu-
tion, Congress has the authority to ‘‘declare war’’. 
(b) Therefore, Congress has a constitutional duty to 
debate and determine whether or not to authorize the use 
of military force against ISIL. 
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SPENDING REDUCTION ACCOUNT 
SEC. 10002. The amount by which the applicable al-
location of new budget authority made by the Committee 
on Appropriations of the House of Representatives under 
section 302(b) of the Congressional Budget Act of 1974 
exceeds the amount of proposed new budget authority is 
$0. 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2017’’. 
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Union Calendar No. 447 
114TH CONGRESS 
2D SESSION 
H. R. 5293 
[Report No. 114–577] 
A BILL 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2017, and for other purposes. 
MAY 19, 2016 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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