148 
in addition to any other transfer authority available to the 
Department of Defense: Provided further, That the Sec-
retary of Defense shall, not fewer than 5 days prior to 
making transfers from this appropriation, notify the con-
gressional defense committees in writing of the details of 
any such transfer: Provided further, That such amount is 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the In-
spector General’’, $24,692,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2018. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national 
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149 
interest, the Secretary may, with the approval of the Of-
fice of Management and Budget, transfer up to 
$2,500,000,000 between the appropriations or funds made 
available to the Department of Defense in this title: Pro-
vided, That the Secretary shall notify the Congress 
promptly of each transfer made pursuant to the authority 
in this section: Provided further, That the authority pro-
vided in this section is in addition to any other transfer 
authority available to the Department of Defense and is 
subject to the same terms and conditions as the authority 
provided in section 8005 of this Act. 
SEC. 9003. Supervision and administration costs and 
costs for design during construction associated with a con-
struction project funded with appropriations available for 
operation and maintenance or the ‘‘Afghanistan Security 
Forces Fund’’ provided in this Act and executed in direct 
support of overseas contingency operations in Afghani-
stan, may be obligated at the time a construction contract 
is awarded: Provided, That, for the purpose of this section, 
supervision and administration costs and costs for design 
during construction include all in-house Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in 
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the United States Central Command area of responsi-
bility: 
(1) passenger motor vehicles up to a limit of 
$75,000 per vehicle; and 
(2) heavy and light armored vehicles for the 
physical security of personnel or for force protection 
purposes up to a limit of $450,000 per vehicle, not-
withstanding price or other limitations applicable to 
the purchase of passenger carrying vehicles. 
SEC. 9005. Not to exceed $5,000,000 of the amounts 
appropriated by this title under the heading ‘‘Operation 
and Maintenance, Army’’ may be used, notwithstanding 
any other provision of law, to fund the Commanders’ 
Emergency Response Program (CERP), for the purpose 
of enabling military commanders in Afghanistan to re-
spond to urgent, small-scale, humanitarian relief and re-
construction requirements within their areas of responsi-
bility: Provided, That each project (including any ancillary 
or related elements in connection with such project) exe-
cuted under this authority shall not exceed $2,000,000: 
Provided further, That not later than 45 days after the 
end of each 6 months of the fiscal year, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a report regarding the source of funds and the alloca-
tion and use of funds during that 6-month period that 
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151 
were made available pursuant to the authority provided 
in this section or under any other provision of law for the 
purposes described herein: Provided further, That, not 
later than 30 days after the end of each fiscal year quar-
ter, the Army shall submit to the congressional defense 
committees quarterly commitment, obligation, and expend-
iture data for the CERP in Afghanistan: Provided further, 
That, not less than 15 days before making funds available 
pursuant to the authority provided in this section or under 
any other provision of law for the purposes described here-
in for a project with a total anticipated cost for completion 
of $500,000 or more, the Secretary shall submit to the 
congressional defense committees a written notice con-
taining each of the following: 
(1) The location, nature and purpose of the 
proposed project, including how the project is in-
tended to advance the military campaign plan for 
the country in which it is to be carried out. 
(2) The budget, implementation timeline with 
milestones, and completion date for the proposed 
project, including any other CERP funding that has 
been or is anticipated to be contributed to the com-
pletion of the project. 
(3) A plan for the sustainment of the proposed 
project, including the agreement with either the host 
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nation, a non-Department of Defense agency of the 
United States Government or a third-party contrib-
utor to finance the sustainment of the activities and 
maintenance of any equipment or facilities to be pro-
vided through the proposed project. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, not-
withstanding any other provision of law, to provide sup-
plies, services, transportation, including airlift and sealift, 
and other logistical support to allied forces participating 
in a combined operation with the armed forces of the 
United States and coalition forces supporting military and 
stability operations in Afghanistan and to counter the Is-
lamic State of Iraq and the Levant: Provided, That the 
Secretary of Defense shall provide quarterly reports to the 
congressional defense committees regarding support pro-
vided under this section. 
SEC. 9007. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for 
a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
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(2) To exercise United States control over any 
oil resource of Iraq. 
(3) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Af-
ghanistan. 
SEC. 9008. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the 
United Nations Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment 
(done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Fed-
eral Regulations, and part 95 of title 22, Code of 
Federal Regulations. 
(3) Sections 1002 and 1003 of the Department 
of Defense, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico, and 
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Pandemic Influenza Act, 2006 (Public Law 109– 
148). 
SEC. 9009. None of the funds provided for the ‘‘Af-
ghanistan Security Forces Fund’’ (ASFF) may be obli-
gated prior to the approval of a financial and activity plan 
by the Afghanistan Resources Oversight Council (AROC) 
of the Department of Defense: Provided, That the AROC 
must approve the requirement and acquisition plan for any 
service requirements in excess of $50,000,000 annually 
and any non-standard equipment requirements in excess 
of $100,000,000 using ASFF: Provided further, That the 
Department of Defense must certify to the congressional 
defense committees that the AROC has convened and ap-
proved a process for ensuring compliance with the require-
ments in the preceding proviso and accompanying report 
language for the ASFF. 
SEC. 9010. Funds made available in this title to the 
Department of Defense for operation and maintenance 
may be used to purchase items having an investment unit 
cost of not more than $250,000: Provided, That, upon de-
termination by the Secretary of Defense that such action 
is necessary to meet the operational requirements of a 
Commander of a Combatant Command engaged in contin-
gency operations overseas, such funds may be used to pur-
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chase items having an investment item unit cost of not 
more than $500,000. 
SEC. 9011. Up to $500,000,000 of funds appro-
priated by this Act for the Defense Security Cooperation 
Agency in ‘‘Operation and Maintenance, Defense-Wide’’ 
may be used to provide assistance to the Government of 
Jordan to support the armed forces of Jordan and to en-
hance security along its borders. 
SEC. 9012. None of the funds made available by this 
Act under the heading ‘‘Counter-ISIL Train and Equip 
Fund’’ may be used to procure or transfer man-portable 
air defense systems. 
SEC. 9013. For the ‘‘Ukraine Security Assistance Ini-
tiative’’, $150,000,000 is hereby appropriated, to remain 
available until September 30, 2018: Provided, That such 
funds shall be available to the Secretary of Defense, in 
coordination with the Secretary of State, to provide assist-
ance, including training; equipment; lethal weapons of a 
defensive nature; logistics support, supplies and services; 
sustainment; and intelligence support to the military and 
national security forces of Ukraine, and for replacement 
of any weapons or defensive articles provided to the Gov-
ernment of Ukraine from the inventory of the United 
States: Provided further, That the Secretary of Defense 
shall, not less than 15 days prior to obligating funds pro-
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vided under this heading, notify the congressional defense 
committees in writing of the details of any such obligation: 
Provided further, That the United States may accept 
equipment procured using funds provided under this head-
ing in this or prior Acts that was transferred to the secu-
rity forces of Ukraine and returned by such forces to the 
United States: Provided further, That equipment procured 
using funds provided under this heading in this or prior 
Acts, and not yet transferred to the military or National 
Security Forces of Ukraine or returned by such forces to 
the United States, may be treated as stocks of the Depart-
ment of Defense upon written notification to the congres-
sional defense committees: Provided further, That amounts 
made available by this section are designated by the Con-
gress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
SEC. 9014. Funds appropriated in this title shall be 
available for replacement of funds for items provided to 
the Government of Ukraine from the inventory of the 
United States to the extent specifically provided for in sec-
tion 9013 of this Act. 
SEC. 9015. None of the funds made available by this 
Act under section 9013 for ‘‘Assistance and Sustainment 
to the Military and National Security Forces of Ukraine’’ 
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may be used to procure or transfer man-portable air de-
fense systems. 
SEC. 9016. (a) None of the funds appropriated or 
otherwise made available by this Act under the heading 
‘‘Operation and Maintenance, Defense-Wide’’ for pay-
ments under section 1233 of Public Law 110–181 for re-
imbursement to the Government of Pakistan may be made 
available unless the Secretary of Defense, in coordination 
with the Secretary of State, certifies to the congressional 
defense committees that the Government of Pakistan is— 
(1) cooperating with the United States in 
counterterrorism efforts against the Haqqani Net-
work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 
Jaish-e-Mohammed, Al Qaeda, and other domestic 
and foreign terrorist organizations, including taking 
steps to end support for such groups and prevent 
them from basing and operating in Pakistan and 
carrying out cross border attacks into neighboring 
countries; 
(2) not supporting terrorist activities against 
United States or coalition forces in Afghanistan, and 
Pakistan’s military and intelligence agencies are not 
intervening extra-judicially into political and judicial 
processes in Pakistan; 
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Union Calendar No. 154 
115TH CONGRESS 
1ST SESSION 
H. R. 3219 
[Report No. 115–219] 
A BILL 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2018, and for other purposes. 
JULY 13, 2017 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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