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SEC. 8038. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, Defense-Wide’’, not less than $12,000,000 shall 
be made available only for the mitigation of environmental 
impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities. 
SEC. 8039. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, com-
plies with the Buy American Act. For purposes of this 
subsection, the term ‘‘Buy American Act’’ means chapter 
83 of title 41, United States Code. 
(b) If the Secretary of Defense determines that a per-
son has been convicted of intentionally affixing a label 
bearing a ‘‘Made in America’’ inscription to any product 
sold in or shipped to the United States that is not made 
in America, the Secretary shall determine, in accordance 
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with 
the Department of Defense. 
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(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is 
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase 
only American-made equipment and products, provided 
that American-made equipment and products are cost- 
competitive, quality competitive, and available in a timely 
fashion. 
SEC. 8040. Notwithstanding any other provision of 
law, none of the funds appropriated or otherwise made 
available by this or any other Act may be used to consoli-
date or relocate any element of a United States Air Force 
Rapid Engineer Deployable Heavy Operational Repair 
Squadron Engineer (RED HORSE) outside of the United 
States until the Secretary of the Air Force— 
(1) completes an analysis and comparison of 
the cost and infrastructure investment required to 
consolidate or relocate a RED HORSE squadron 
outside of the United States versus within the 
United States; 
(2) provides to the congressional defense com-
mittees a report detailing the findings of the cost 
analysis; and 
(3) certifies in writing to the congressional de-
fense committees that the preferred site for the con-
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solidation or relocation yields the greatest savings 
for the Air Force: 
Provided, That the term ‘‘United States’’ in this section 
does not include any territory or possession of the United 
States. 
SEC. 8041. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place 
of duty remains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection 
(a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the 
House of Representatives and the Senate that the grant-
ing of the waiver will reduce the personnel requirements 
or the financial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; 
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(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of im-
provised explosive devices, and, as determined by the 
Secretary of the Army, other similar threats; 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of bio-
metric activities and to integrate common biometric 
technologies throughout the Department of Defense; 
or 
(4) an Air Force field operating agency estab-
lished to administer the Air Force Mortuary Affairs 
Program and Mortuary Operations for the Depart-
ment of Defense and authorized Federal entities. 
SEC. 8042. (a) None of the funds appropriated by 
this Act shall be available to convert to contractor per-
formance an activity or function of the Department of De-
fense that, on or after the date of the enactment of this 
Act, is performed by Department of Defense civilian em-
ployees unless— 
(1) the conversion is based on the result of a 
public-private competition that includes a most effi-
cient and cost effective organization plan developed 
by such activity or function; 
(2) the Competitive Sourcing Official deter-
mines that, over all performance periods stated in 
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the solicitation of offers for performance of the ac-
tivity or function, the cost of performance of the ac-
tivity or function by a contractor would be less costly 
to the Department of Defense by an amount that 
equals or exceeds the lesser of— 
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advan-
tage for a proposal that would reduce costs for the 
Department of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the pre-
mium or subscription share than the amount 
that is paid by the Department of Defense for 
health benefits for civilian employees under 
chapter 89 of title 5, United States Code. 
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(b)(1) The Department of Defense, without regard 
to subsection (a) of this section or subsection (a), (b), or 
(c) of section 2461 of title 10, United States Code, and 
notwithstanding any administrative regulation, require-
ment, or policy to the contrary shall have full authority 
to enter into a contract for the performance of any com-
mercial or industrial type function of the Department of 
Defense that— 
(A) is included on the procurement list estab-
lished pursuant to section 2 of the Javits-Wagner- 
O’Day Act (section 8503 of title 41, United States 
Code); 
(B) is planned to be converted to performance 
by a qualified nonprofit agency for the blind or by 
a qualified nonprofit agency for other severely handi-
capped individuals in accordance with that Act; or 
(C) is planned to be converted to performance 
by a qualified firm under at least 51 percent owner-
ship by an Indian tribe, as defined in section 4(e) 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b(e)), or a Native Ha-
waiian Organization, as defined in section 8(a)(15) 
of the Small Business Act (15 U.S.C. 637(a)(15)). 
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(2) This section shall not apply to depot contracts 
or contracts for depot maintenance as provided in sections 
2469 and 2474 of title 10, United States Code. 
(c) The conversion of any activity or function of the 
Department of Defense under the authority provided by 
this section shall be credited toward any competitive or 
outsourcing goal, target, or measurement that may be es-
tablished by statute, regulation, or policy and is deemed 
to be awarded under the authority of, and in compliance 
with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of com-
mercial activities. 
(RESCISSIONS) 
SEC. 8043. 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 no 
amounts may be rescinded from amounts that were des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism or as an emergency re-
quirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: 
‘‘Aircraft Procurement, Army’’, 2015/2017, 
$15,000,000; 
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‘‘Other 
Procurement, 
Army’’, 
2015/2017, 
$23,045,000; 
‘‘Aircraft Procurement, Navy’’, 2015/2017, 
$88,000,000; 
‘‘Weapons Procurement, Navy’’, 2015/2017, 
$11,933,000; 
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps’’, 2015/2017, $43,600,000; 
‘‘Aircraft Procurement, Air Force’’, 2015/2017, 
$57,000,000; 
‘‘Other Procurement, Air Force’’, 2015/2017, 
$25,500,000; 
‘‘Aircraft Procurement, Army’’, 2016/2018, 
$34,594,000; 
‘‘Procurement of Ammunition, Army’’, 2016/ 
2018, $5,000,000; 
‘‘Other 
Procurement, 
Army’’, 
2016/2018, 
$84,100,000; 
‘‘Aircraft Procurement, Navy’’, 2016/2018, 
$6,755,000; 
‘‘Weapons Procurement, Navy’’, 2016/2018, 
$5,307,000; 
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps’’, 2016/2018, $6,968,000; 
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‘‘Shipbuilding and Conversion, Navy’’, 2016/ 
2020: DDG-51 Destroyer, $50,000,000; 
‘‘Shipbuilding and Conversion, Navy’’, 2016/ 
2020: LPD-17, $14,906,000; 
‘‘Shipbuilding and Conversion, Navy’’, 2016/ 
2020: LX (R), (AP), $236,000,000; 
‘‘Other 
Procurement, 
Navy’’, 
2016/2018, 
$56,374,000; 
‘‘Aircraft Procurement, Air Force’’, 2016/2018, 
$383,200,000; 
‘‘Missile Procurement, Air Force’’, 2016/2018, 
$34,700,000; 
‘‘Space Procurement, Air Force’’, 2016/2018, 
$100,000,000; 
‘‘Other Procurement, Air Force’’, 2016/2018, 
$56,369,000; 
‘‘Procurement, 
Defense-Wide’’, 
2016/2018, 
$2,600,000; 
‘‘Research, Development, Test and Evaluation, 
Army’’, 2016/2017, $33,402,000; 
‘‘Research, Development, Test and Evaluation, 
Navy’’, 2016/2017, $31,219,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force’’, 2016/2017, $532,550,000; and 
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‘‘Research, Development, Test and Evaluation, 
Defense-Wide’’, 2016/2017, $64,500,000. 
SEC. 8044. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary technicians (dual status) of the Army National 
Guard, Air National Guard, Army Reserve and Air Force 
Reserve for the purpose of applying any administratively 
imposed civilian personnel ceiling, freeze, or reduction on 
military technicians (dual status), unless such reductions 
are a direct result of a reduction in military force struc-
ture. 
SEC. 8045. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 8046. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Intel-
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ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel 
and training procedures. 
SEC. 8047. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction or 
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8048. None of the funds appropriated by this 
Act may be used for the procurement of ball and roller 
bearings other than those produced by a domestic source 
and of domestic origin: Provided, That the Secretary of 
the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
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pability for national security purposes: Provided further, 
That this restriction shall not apply to the purchase of 
‘‘commercial items’’, as defined by section 103 of title 41, 
United States Code, except that the restriction shall apply 
to ball or roller bearings purchased as end items. 
SEC. 8049. None of the funds made available by this 
Act may be used to retire, divest, realign, or transfer RQ– 
4B Global Hawk aircraft, or to disestablish or convert 
units associated with such aircraft. 
SEC. 8050. None of the funds made available by this 
Act for Evolved Expendable Launch Vehicle service com-
petitive procurements may be used unless the competitive 
procurements are open for award to all certified providers 
of Evolved Expendable Launch Vehicle-class systems: Pro-
vided, That the award shall be made to the provider that 
offers the best value to the government. 
SEC. 8051. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$44,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, the Secretary shall make grants in the amounts speci-
fied as follows: $20,000,000 to the United Service Organi-
zations and $24,000,000 to the Red Cross. 
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SEC. 8052. None of the funds in this Act may be 
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire 
capability for national security purposes that is not avail-
able from United States manufacturers. 
SEC. 8053. Notwithstanding any other provision in 
this Act, the Small Business Innovation Research program 
and the Small Business Technology Transfer program set- 
asides shall be taken proportionally from all programs, 
projects, or activities to the extent they contribute to the 
extramural budget. 
SEC. 8054. None of the funds available to the De-
partment of Defense under this Act shall be obligated or 
expended to pay a contractor under a contract with the 
Department of Defense for costs of any amount paid by 
the contractor to an employee when— 
(1) such costs are for a bonus or otherwise in 
excess of the normal salary paid by the contractor 
to the employee; and 
(2) such bonus is part of restructuring costs as-
sociated with a business combination. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 8055. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’ may be transferred to appropriations available for 
the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations 
to which transferred, to be used in support of such per-
sonnel in connection with support and services for eligible 
organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States 
Code. 
SEC. 8056. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a 
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged 
to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of avail-
ability or closing of that account; 
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(2) the obligation is not otherwise properly 
chargeable to any current appropriation account of 
the Department of Defense; and 
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation 
of the Department of Defense under the provisions 
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law 
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there 
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall 
be reversed and recorded against the expired ac-
count: Provided further, That the total amount 
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent 
of the total appropriation for that account. 
SEC. 8057. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance 
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard 
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Bureau shall establish the amount of reimbursement for 
such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs 
associated with the use of equipment of the project under 
that subsection. Such funds shall be available for such 
purposes without fiscal year limitation. 
SEC. 8058. None of the funds available to the De-
partment of Defense may be obligated to modify command 
and control relationships to give Fleet Forces Command 
operational and administrative control of United States 
Navy forces assigned to the Pacific fleet: Provided, That 
the command and control relationships which existed on 
October 1, 2004, shall remain in force until a written 
modification has been proposed to the House and Senate 
Appropriations Committees: Provided further, That the 
proposed modification may be implemented 30 days after 
the notification unless an objection is received from either 
the House or Senate Appropriations Committees: Provided 
further, That any proposed modification shall not preclude 
the ability of the commander of United States Pacific 
Command to meet operational requirements. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 8059. Of the funds appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
wide’’, $25,000,000 shall be for continued implementation 
and expansion of the Sexual Assault Special Victims’ 
Counsel Program: Provided, That the funds are made 
available for transfer to the Department of the Army, the 
Department of the Navy, and the Department of the Air 
Force: Provided further, That funds transferred shall be 
merged with and available for the same purposes and for 
the same time period as the appropriations to which the 
funds are transferred: Provided further, That this transfer 
authority is in addition to any other transfer authority 
provided in this Act. 
SEC. 8060. None of the funds appropriated in title 
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational 
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development, 
prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this 
restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the 
Secretary of Defense may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
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on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do 
so. 
SEC. 8061. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign 
country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under 
section 2531 of title 10, United States Code, and the 
country does not discriminate against the same or similar 
defense items produced in the United States for that coun-
try. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on 
or after the date of the enactment of this Act; and 
(2) options for the procurement of items that 
are exercised after such date under contracts that 
are entered into before such date if the option prices 
are adjusted for any reason other than the applica-
tion of a waiver granted under subsection (a). 
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(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by 
section XI (chapters 50–65) of the Harmonized Tariff 
Schedule of the United States and products classified 
under headings 4010, 4202, 4203, 6401 through 6406, 
6505, 7019, 7218 through 7229, 7304.41 through 
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 
8211, 8215, and 9404. 
SEC. 8062. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended 
for the purpose of performing repairs or maintenance to 
military family housing units of the Department of De-
fense, including areas in such military family housing 
units that may be used for the purpose of conducting offi-
cial Department of Defense business. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8063. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Navy’’, up to $1,000,000 shall be 
available for transfer to the John C. Stennis Center for 
Public Service Development Trust Fund established under 
section 116 of the John C. Stennis Center for Public Serv-
ice Training and Development Act (2 U.S.C. 1105). 
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SEC. 8064. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’ for any new start advanced concept technology 
demonstration project or joint capability demonstration 
project may only be obligated 45 days after a report, in-
cluding a description of the project, the planned acquisi-
tion and transition strategy and its estimated annual and 
total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case 
basis by certifying to the congressional defense committees 
that it is in the national interest to do so. 
SEC. 8065. The Secretary of Defense shall continue 
to provide a classified quarterly report to the House and 
Senate Appropriations Committees, Subcommittees on 
Defense on certain matters as directed in the classified 
annex accompanying this Act. 
SEC. 8066. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of 
the National Guard serving on full-time National Guard 
duty under section 502(f) of title 32, United States Code, 
may perform duties in support of the ground-based ele-
ments of the National Ballistic Missile Defense System. 
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SEC. 8067. None of the funds provided in this Act 
may be used to transfer to any nongovernmental entity 
ammunition held by the Department of Defense that has 
a center-fire cartridge and a United States military no-
menclature designation of ‘‘armor penetrator’’, ‘‘armor 
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 
‘‘armor-piercing incendiary tracer (API–T)’’, except to an 
entity performing demilitarization services for the Depart-
ment of Defense under a contract that requires the entity 
to demonstrate to the satisfaction of the Department of 
Defense that armor piercing projectiles are either: (1) ren-
dered incapable of reuse by the demilitarization process; 
or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified Military Articles issued by 
the Department of State. 
SEC. 8068. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under section 2667 
of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to 
any organization specified in section 508(d) of title 32, 
United States Code, or any other youth, social, or fra-
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ternal nonprofit organization as may be approved by the 
Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$75,950,170 shall remain available until expended: Pro-
vided, That, notwithstanding any other provision of law, 
the Secretary of Defense is authorized to transfer such 
funds to other activities of the Federal Government: Pro-
vided further, That the Secretary of Defense is authorized 
to enter into and carry out contracts for the acquisition 
of real property, construction, personal services, and oper-
ations related to projects carrying out the purposes of this 
section: Provided further, That contracts entered into 
under the authority of this section may provide for such 
indemnification as the Secretary determines to be nec-
essary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and 
local law to the maximum extent consistent with the na-
tional security, as determined by the Secretary of Defense. 
SEC. 8070. (a) None of the funds appropriated in this 
or any other Act may be used to take any action to mod-
ify— 
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(1) the appropriations account structure for the 
National Intelligence Program budget, including 
through the creation of a new appropriation or new 
appropriation account; 
(2) how the National Intelligence Program 
budget request is presented in the unclassified P–1, 
R–1, and O–1 documents supporting the Depart-
ment of Defense budget request; 
(3) the process by which the National Intel-
ligence Program appropriations are apportioned to 
the executing agencies; or 
(4) the process by which the National Intel-
ligence Program appropriations are allotted, obli-
gated and disbursed. 
(b) Nothing in section (a) shall be construed to pro-
hibit the merger of programs or changes to the National 
Intelligence Program budget at or below the Expenditure 
Center level, provided such change is otherwise in accord-
ance with paragraphs (a)(1)–(3). 
(c) The Director of National Intelligence and the Sec-
retary of Defense may jointly, only for the purposes of 
achieving auditable financial statements and improving 
fiscal reporting, study and develop detailed proposals for 
alternative financial management processes. Such study 
shall include a comprehensive counterintelligence risk as-
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sessment to ensure that none of the alternative processes 
will adversely affect counterintelligence. 
(d) Upon development of the detailed proposals de-
fined under subsection (c), the Director of National Intel-
ligence and the Secretary of Defense shall— 
(1) provide the proposed alternatives to all af-
fected agencies; 
(2) receive certification from all affected agen-
cies attesting that the proposed alternatives will help 
achieve auditability, improve fiscal reporting, and 
will not adversely affect counterintelligence; and 
(3) not later than 30 days after receiving all 
necessary certifications under paragraph (2), present 
the proposed alternatives and certifications to the 
congressional defense and intelligence committees. 
SEC. 8071. In addition to amounts provided else-
where in this Act, $5,000,000 is hereby appropriated to 
the Department of Defense, to remain available for obliga-
tion until expended: Provided, That notwithstanding any 
other provision of law, that upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, these funds shall be available only for a grant to the 
Fisher House Foundation, Inc., only for the construction 
and furnishing of additional Fisher Houses to meet the 
needs of military family members when confronted with 
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the illness or hospitalization of an eligible military bene-
ficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8072. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, $600,735,000 shall be for the Israeli Cooperative 
Programs: Provided, That of this amount, $62,000,000 
shall be for the Secretary of Defense to provide to the Gov-
ernment of Israel for the procurement of the Iron Dome 
defense system to counter short-range rocket threats, sub-
ject to the U.S.-Israel Iron Dome Procurement Agree-
ment, as amended; $266,511,000 shall be for the Short 
Range Ballistic Missile Defense (SRBMD) program, in-
cluding cruise missile defense research and development 
under the SRBMD program, of which $150,000,000 shall 
be for co-production activities of SRBMD missiles in the 
United States and in Israel to meet Israel’s defense re-
quirements consistent with each nation’s laws, regulations, 
and procedures, of which not more than $90,000,000, sub-
ject to previously established transfer procedures, may be 
obligated or expended until establishment of a U.S.-Israeli 
co-production agreement for SRBMD; $204,893,000 shall 
be for an upper-tier component to the Israeli Missile De-
fense Architecture, of which $120,000,000 shall be for co- 
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production activities of Arrow 3 Upper Tier missiles in 
the United States and in Israel to meet Israel’s defense 
requirements consistent with each nation’s laws, regula-
tions, and procedures, of which not more than 
$70,000,000 subject to previously established transfer 
procedures, may be obligated or expended until establish-
ment of a U.S.-Israeli co-production agreement for Arrow 
3 Upper Tier; and $67,331,000 shall be for the Arrow 
System Improvement Program including development of 
a long range, ground and airborne, detection suite: Pro-
vided further, That the transfer authority provided under 
this provision is in addition to any other transfer authority 
contained in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8073. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$160,274,000 shall be available until September 30, 2017, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of the 
Navy shall transfer funds to the following appropriations 
in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available 
for the same purposes as the appropriations to which 
transferred to: 
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(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2012/2017: LPD–17 Amphibious 
Transport Dock Program $45,060,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2011/2017: DDG–51 Destroyer 
$15,959,000; 
(3) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2012/2017: Littoral Combat Ship 
$3,600,000; 
(4) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2013/2017: Littoral Combat Ship 
$82,400,000; 
(5) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2012/2017: Expeditionary Fast 
Transport $6,710,000; and 
(6) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2013/2017: Expeditionary Fast 
Transport $6,545,000. 
SEC. 8074. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 
year 2017 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2017. 
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SEC. 8075. None of the funds provided in this Act 
shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new 
program, project, or activity unless such program, project, 
or activity must be undertaken immediately in the interest 
of national security and only after written prior notifica-
tion to the congressional defense committees. 
SEC. 8076. The budget of the President for fiscal 
year 2018 submitted to the Congress pursuant to section 
1105 of title 31, United States Code, shall include sepa-
rate budget justification documents for costs of United 
States Armed Forces’ participation in contingency oper-
ations for the Military Personnel accounts, the Operation 
and Maintenance accounts, the Procurement accounts, 
and the Research, Development, Test and Evaluation ac-
counts: Provided, That these documents shall include a de-
scription of the funding requested for each contingency op-
eration, for each military service, to include all Active and 
Reserve components, and for each appropriations account: 
Provided further, That these documents shall include esti-
mated costs for each element of expense or object class, 
a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but 
not limited to, troop strength for each Active and Reserve 
component, and estimates of the major weapons systems 
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deployed in support of each contingency: Provided further, 
That these documents shall include budget exhibits OP– 
5 and OP–32 (as defined in the Department of Defense 
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal 
years. 
SEC. 8077. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a 
missile defense system. 
SEC. 8078. Notwithstanding any other provision of 
this Act, to reflect savings due to favorable foreign ex-
change rates, the total amount appropriated in this Act 
is hereby reduced by $157,000,000. 
SEC. 8079. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force 
shall allow the 53rd Weather Reconnaissance Squadron to 
perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8080. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
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formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333. 
SEC. 8081. (a) None of the funds appropriated by 
this Act may be used to transfer research and develop-
ment, acquisition, or other program authority relating to 
current tactical unmanned aerial vehicles (TUAVs) from 
the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Gray Eagle Unmanned Aer-
ial Vehicle (UAV) in order to support the Secretary of De-
fense in matters relating to the employment of unmanned 
aerial vehicles. 
SEC. 8082. Up to $10,120,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Re-
gional Initiative Program for the purpose of enabling the 
Pacific Command to execute Theater Security Cooperation 
activities such as humanitarian assistance, and payment 
of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds 
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made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian 
assistance, security assistance or combined exercise ex-
penses: Provided further, That funds may not be obligated 
to provide assistance to any foreign country that is other-
wise prohibited from receiving such type of assistance 
under any other provision of law. 
SEC. 8083. None of the funds appropriated by this 
Act for programs of the Office of the Director of National 
Intelligence shall remain available for obligation beyond 
the current fiscal year, except for funds appropriated for 
research and technology, which shall remain available until 
September 30, 2018. 
SEC. 8084. For purposes of section 1553(b) of title 
31, United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8085. (a) Not later than 60 days after the date 
of enactment of this Act, the Director of National Intel-
ligence shall submit a report to the congressional intel-
ligence committees to establish the baseline for application 
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of reprogramming and transfer authorities for fiscal year 
2017: Provided, That the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation by Expenditure Center and project; and 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence 
certifies in writing to the congressional intelligence com-
mittees that such reprogramming or transfer is necessary 
as an emergency requirement. 
SEC. 8086. None of the funds made available by this 
Act may be used to eliminate, restructure, or realign Army 
Contracting Command—New Jersey or make dispropor-
tionate personnel reductions at any Army Contracting 
Command—New Jersey sites without 30-day prior notifi-
cation to the congressional defense committees. 
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(RESCISSION) 
SEC. 8087. Of the unobligated balances available to 
the Department of Defense, the following funds are per-
manently rescinded from the following accounts and pro-
grams in the specified amounts to reflect excess cash bal-
ances in Department of Defense Acquisition Workforce 
Development Fund: Provided, That no amounts may be 
rescinded from amounts that were designated by the Con-
gress for Overseas Contingency Operations/Global War on 
Terrorism or as an emergency requirement pursuant to 
the Concurrent Resolution on the Budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985, as 
amended: 
From ‘‘Department of Defense Acquisition 
Workforce 
Development 
Fund, 
Defense’’, 
$531,000,000. 
SEC. 8088. None of the funds made available by this 
Act for excess defense articles, assistance under section 
1206 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 3456), or 
peacekeeping operations for the countries designated an-
nually to be in violation of the standards of the Child Sol-
diers Prevention Act of 2008 (Public Law 110–457; 22 
U.S.C. 2370c–1) may be used to support any military 
training or operation that includes child soldiers, as de-
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fined by the Child Soldiers Prevention Act of 2008, unless 
such assistance is otherwise permitted under section 404 
of the Child Soldiers Prevention Act of 2008. 
SEC. 8089. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Defense-Wide’’, $67,500,000, to 
remain available until expended, shall be available, not-
withstanding any other provision of law, to the Secretary 
of Defense acting through the Office of Economic Adjust-
ment of the Department of Defense to make grants, con-
clude cooperative agreements, and supplement other Fed-
eral funds to address the need for assistance to support 
critical existing and enduring military installations and 
missions on Guam, as well as any potential Department 
of Defense growth, for purposes of addressing the need 
for civilian water and wastewater improvements. 
SEC. 8090. (a) None of the funds provided for the 
National Intelligence Program in this or any prior appro-
priations Act shall be available for obligation or expendi-
ture through a reprogramming or transfer of funds in ac-
cordance with section 102A(d) of the National Security 
Act of 1947 (50 U.S.C. 3024(d)) that— 
(1) creates a new start effort; 
(2) terminates a program with appropriated 
funding of $10,000,000 or more; 
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(3) transfers funding into or out of the Na-
tional Intelligence Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are 
notified 30 days in advance of such reprogramming 
of funds; this notification period may be reduced for 
urgent national security requirements. 
(b) None of the funds provided for the National Intel-
ligence Program in this or any prior appropriations Act 
shall be available for obligation or expenditure through a 
reprogramming or transfer of funds in accordance with 
section 102A(d) of the National Security Act of 1947 (50 
U.S.C. 3024(d)) that results in a cumulative increase or 
decrease of the levels specified in the classified annex ac-
companying the Act unless the congressional intelligence 
committees are notified 30 days in advance of such re-
programming of funds; this notification period may be re-
duced for urgent national security requirements. 
SEC. 8091. The Director of National Intelligence 
shall submit to Congress each year, at or about the time 
that the President’s budget is submitted to Congress that 
year under section 1105(a) of title 31, United States 
Code, a future-years intelligence program (including asso-
ciated annexes) reflecting the estimated expenditures and 
proposed appropriations included in that budget. Any such 
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future-years intelligence program shall cover the fiscal 
year with respect to which the budget is submitted and 
at least the four succeeding fiscal years. 
SEC. 8092. For the purposes of this Act, the term 
‘‘congressional intelligence committees’’ means the Perma-
nent Select Committee on Intelligence of the House of 
Representatives, the Select Committee on Intelligence of 
the Senate, the Subcommittee on Defense of the Com-
mittee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8093. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made 
in title II of this Act for ‘‘Operation and Maintenance, 
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
ation and Maintenance, Air Force’’ may be transferred by 
the military department concerned to its central fund es-
tablished for Fisher Houses and Suites pursuant to sec-
tion 2493(d) of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8094. Funds appropriated by this Act for oper-
ation and maintenance may be available for the purpose 
of making remittances and transfer to the Defense Acqui-
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sition Workforce Development Fund in accordance with 
section 1705 of title 10, United States Code. 
SEC. 8095. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public Web site of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agen-
cy that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report com-
promises national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to 
the requesting Committee or Committees of Congress for 
no less than 45 days. 
SEC. 8096. (a) None of the funds appropriated or 
otherwise made available by this Act may be expended for 
any Federal contract for an amount in excess of 
$1,000,000, unless the contractor agrees not to— 
(1) enter into any agreement with any of its 
employees or independent contractors that requires, 
as a condition of employment, that the employee or 
independent contractor agree to resolve through ar-
bitration any claim under title VII of the Civil 
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Rights Act of 1964 or any tort related to or arising 
out of sexual assault or harassment, including as-
sault and battery, intentional infliction of emotional 
distress, false imprisonment, or negligent hiring, su-
pervision, or retention; or 
(2) take any action to enforce any provision of 
an existing agreement with an employee or inde-
pendent contractor that mandates that the employee 
or independent contractor resolve through arbitra-
tion any claim under title VII of the Civil Rights Act 
of 1964 or any tort related to or arising out of sex-
ual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, 
false imprisonment, or negligent hiring, supervision, 
or retention. 
(b) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Fed-
eral contract unless the contractor certifies that it requires 
each covered subcontractor to agree not to enter into, and 
not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of sub-
section (a), with respect to any employee or independent 
contractor performing work related to such subcontract. 
For purposes of this subsection, a ‘‘covered subcon-
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tractor’’ is an entity that has a subcontract in excess of 
$1,000,000 on a contract subject to subsection (a). 
(c) The prohibitions in this section do not apply with 
respect to a contractor’s or subcontractor’s agreements 
with employees or independent contractors that may not 
be enforced in a court of the United States. 
(d) The Secretary of Defense may waive the applica-
tion of subsection (a) or (b) to a particular contractor or 
subcontractor for the purposes of a particular contract or 
subcontract if the Secretary or the Deputy Secretary per-
sonally determines that the waiver is necessary to avoid 
harm to national security interests of the United States, 
and that the term of the contract or subcontract is not 
longer than necessary to avoid such harm. The determina-
tion shall set forth with specificity the grounds for the 
waiver and for the contract or subcontract term selected, 
and shall state any alternatives considered in lieu of a 
waiver and the reasons each such alternative would not 
avoid harm to national security interests of the United 
States. The Secretary of Defense shall transmit to Con-
gress, and simultaneously make public, any determination 
under this subsection not less than 15 business days be-
fore the contract or subcontract addressed in the deter-
mination may be awarded. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 8097. From within the funds appropriated for 
operation and maintenance for the Defense Health Pro-
gram in this Act, up to $122,375,000, shall be available 
for transfer to the Joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 
of the National Defense Authorization Act for Fiscal Year 
2010, Public Law 111–84: Provided, That for purposes 
of section 1704(b), the facility operations funded are oper-
ations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Vet-
erans Affairs Medical Center, the Navy Ambulatory Care 
Center, and supporting facilities designated as a combined 
Federal medical facility as described by section 706 of 
Public Law 110–417: Provided further, That additional 
funds may be transferred from funds appropriated for op-
eration and maintenance for the Defense Health Program 
to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Defense to the 
Committees on Appropriations of the House of Represent-
atives and the Senate. 
SEC. 8098. None of the funds appropriated or other-
wise made available by this Act may be used by the De-
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partment of Defense or a component thereof in contraven-
tion of the provisions of section 130h of title 10, United 
States Code. 
SEC. 8099. Appropriations available to the Depart-
ment of Defense may be used for the purchase of heavy 
and light armored vehicles for the physical security of per-
sonnel or for force protection purposes up to a limit of 
$450,000 per vehicle, notwithstanding price or other limi-
tations applicable to the purchase of passenger carrying 
vehicles. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8100. Upon a determination by the Director of 
National Intelligence that such action is necessary and in 
the national interest, the Director may, with the approval 
of the Office of Management and Budget, transfer not to 
exceed $1,500,000,000 of the funds made available in this 
Act for the National Intelligence Program: Provided, That 
such authority to transfer may not be used unless for 
higher priority items, based on unforeseen intelligence re-
quirements, than those for which originally appropriated 
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made 
prior to June 30, 2017. 
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SEC. 8101. None of the funds appropriated or other-
wise made available in this or any other Act may be used 
to transfer, release, or assist in the transfer or release to 
or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
(2) is or was held on or after June 24, 2009, 
at United States Naval Station, Guanta´namo Bay, 
Cuba, by the Department of Defense. 
SEC. 8102. (a) None of the funds appropriated or 
otherwise made available in this or any other Act may be 
used to construct, acquire, or modify any facility in the 
United States, its territories, or possessions to house any 
individual described in subsection (c) for the purposes of 
detention or imprisonment in the custody or under the ef-
fective control of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval 
Station, Guanta´namo Bay, Cuba. 
(c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guanta´namo Bay, Cuba, and who— 
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(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guanta´namo Bay, Cuba. 
SEC. 8103. None of the funds appropriated or other-
wise made available in this Act may be used to transfer 
any individual detained at United States Naval Station 
Guantanamo Bay, Cuba, to the custody or control of the 
individual’s country of origin, any other foreign country, 
or any other foreign entity except in accordance with sec-
tion 1034 of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92) and section 1034 
of the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328). 
SEC. 8104. None of the funds made available by this 
Act may be used in contravention of the War Powers Res-
olution (50 U.S.C. 1541 et seq.). 
SEC. 8105. (a) None of the funds appropriated or 
otherwise made available by this or any other Act may 
be used by the Secretary of Defense, or any other official 
or officer of the Department of Defense, to enter into a 
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contract, memorandum of understanding, or cooperative 
agreement with, or make a grant to, or provide a loan 
or loan guarantee to Rosoboronexport or any subsidiary 
of Rosoboronexport. 
(b) The Secretary of Defense may waive the limita-
tion in subsection (a) if the Secretary, in consultation with 
the Secretary of State and the Director of National Intel-
ligence, determines that it is in the vital national security 
interest of the United States to do so, and certifies in writ-
ing to the congressional defense committees that, to the 
best of the Secretary’s knowledge: 
(1) Rosoboronexport has ceased the transfer of 
lethal military equipment to, and the maintenance of 
existing lethal military equipment for, the Govern-
ment of the Syrian Arab Republic; 
(2) The armed forces of the Russian Federation 
have withdrawn from Crimea, other than armed 
forces present on military bases subject to agree-
ments in force between the Government of the Rus-
sian Federation and the Government of Ukraine; 
and 
(3) Agents of the Russian Federation have 
ceased taking active measures to destabilize the con-
trol of the Government of Ukraine over eastern 
Ukraine. 
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(c) The Inspector General of the Department of De-
fense shall conduct a review of any action involving 
Rosoboronexport with respect to a waiver issued by the 
Secretary of Defense pursuant to subsection (b), and not 
later than 90 days after the date on which such a waiver 
is issued by the Secretary of Defense, the Inspector Gen-
eral shall submit to the congressional defense committees 
a report containing the results of the review conducted 
with respect to such waiver. 
SEC. 8106. None of the funds made available in this 
Act may be used for the purchase or manufacture of a 
flag of the United States unless such flags are treated as 
covered items under section 2533a(b) of title 10, United 
States Code. 
SEC. 8107. (a) Of the funds appropriated in this Act 
for the Department of Defense, amounts may be made 
available, under such regulations as the Secretary of De-
fense may prescribe, to local military commanders ap-
pointed by the Secretary, or by an officer or employee des-
ignated by the Secretary, to provide at their discretion ex 
gratia payments in amounts consistent with subsection (d) 
of this section for damage, personal injury, or death that 
is incident to combat operations of the Armed Forces in 
a foreign country. 
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(b) An ex gratia payment under this section may be 
provided only if— 
(1) the prospective foreign civilian recipient is 
determined by the local military commander to be 
friendly to the United States; 
(2) a claim for damages would not be compen-
sable under chapter 163 of title 10, United States 
Code (commonly known as the ‘‘Foreign Claims 
Act’’); and 
(3) the property damage, personal injury, or 
death was not caused by action by an enemy. 
(c) NATURE OF PAYMENTS.—Any payments provided 
under a program under subsection (a) shall not be consid-
ered an admission or acknowledgement of any legal obliga-
tion to compensate for any damage, personal injury, or 
death. 
(d) AMOUNT OF PAYMENTS.—If the Secretary of De-
fense determines a program under subsection (a) to be ap-
propriate in a particular setting, the amounts of pay-
ments, if any, to be provided to civilians determined to 
have suffered harm incident to combat operations of the 
Armed Forces under the program should be determined 
pursuant to regulations prescribed by the Secretary and 
based on an assessment, which should include such factors 
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as cultural appropriateness and prevailing economic condi-
tions. 
(e) LEGAL ADVICE.—Local military commanders 
shall receive legal advice before making ex gratia pay-
ments under this subsection. The legal advisor, under reg-
ulations of the Department of Defense, shall advise on 
whether an ex gratia payment is proper under this section 
and applicable Department of Defense regulations. 
(f) WRITTEN RECORD.—A written record of any ex 
gratia payment offered or denied shall be kept by the local 
commander and on a timely basis submitted to the appro-
priate office in the Department of Defense as determined 
by the Secretary of Defense. 
(g) REPORT.—The Secretary of Defense shall report 
to the congressional defense committees on an annual 
basis the efficacy of the ex gratia payment program in-
cluding the number of types of cases considered, amounts 
offered, the response from ex gratia payment recipients, 
and any recommended modifications to the program. 
SEC. 8108. None of the funds available in this Act 
to the Department of Defense, other than appropriations 
made for necessary or routine refurbishments, upgrades 
or maintenance activities, shall be used to reduce or to 
prepare to reduce the number of deployed and non-de-
ployed strategic delivery vehicles and launchers below the 
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levels set forth in the report submitted to Congress in ac-
cordance with section 1042 of the National Defense Au-
thorization Act for Fiscal Year 2012. 
SEC. 8109. The Secretary of Defense shall post grant 
awards on a public Web site in a searchable format. 
SEC. 8110. None of the funds made available by this 
Act may be used to fund the performance of a flight dem-
onstration team at a location outside of the United States: 
Provided, That this prohibition applies only if a perform-
ance of a flight demonstration team at a location within 
the United States was canceled during the current fiscal 
year due to insufficient funding. 
SEC. 8111. None of the funds made available by this 
Act may be used by the National Security Agency to— 
(1) conduct an acquisition pursuant to section 
702 of the Foreign Intelligence Surveillance Act of 
1978 for the purpose of targeting a United States 
person; or 
(2) acquire, monitor, or store the contents (as 
such term is defined in section 2510(8) of title 18, 
United States Code) of any electronic communica-
tion of a United States person from a provider of 
electronic communication services to the public pur-
suant to section 501 of the Foreign Intelligence Sur-
veillance Act of 1978. 
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SEC. 8112. None of the funds made available by this 
Act may be obligated or expended to implement the Arms 
Trade Treaty until the Senate approves a resolution of 
ratification for the Treaty. 
SEC. 8113. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of any agency funded by this Act who 
approves or implements the transfer of administrative re-
sponsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction 
of another Federal agency not financed by this Act with-
out the express authorization of Congress: Provided, That 
this limitation shall not apply to transfers of funds ex-
pressly provided for in Defense Appropriations Acts, or 
provisions of Acts providing supplemental appropriations 
for the Department of Defense. 
SEC. 8114. None of the funds made available in this 
Act may be obligated for activities authorized under sec-
tion 1208 of the Ronald W. Reagan National Defense Au-
thorization Act for Fiscal Year 2005 (Public Law 112– 
81; 125 Stat. 1621) to initiate support for, or expand sup-
port to, foreign forces, irregular forces, groups, or individ-
uals unless the congressional defense committees are noti-
fied in accordance with the direction contained in the clas-
sified annex accompanying this Act, not less than 15 days 
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before initiating such support: Provided, That none of the 
funds made available in this Act may be used under sec-
tion 1208 for any activity that is not in support of an 
ongoing military operation being conducted by United 
States Special Operations Forces to combat terrorism: 
Provided further, That the Secretary of Defense may waive 
the prohibitions in this section if the Secretary determines 
that such waiver is required by extraordinary cir-
cumstances and, by not later than 72 hours after making 
such waiver, notifies the congressional defense committees 
of such waiver. 
SEC. 8115. None of the funds made available by this 
Act may be used with respect to Iraq in contravention of 
the War Powers Resolution (50 U.S.C. 1541 et seq.), in-
cluding for the introduction of United States armed forces 
into hostilities in Iraq, into situations in Iraq where immi-
nent involvement in hostilities is clearly indicated by the 
circumstances, or into Iraqi territory, airspace, or waters 
while equipped for combat, in contravention of the con-
gressional consultation and reporting requirements of sec-
tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 
1543). 
SEC. 8116. None of the funds made available by this 
Act may be used to divest, retire, transfer, or place in stor-
age or on backup aircraft inventory status, or prepare to 
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divest, retire, transfer, or place in storage or on backup 
aircraft inventory status, any A–10 aircraft, or to dises-
tablish any units of the active or reserve component associ-
ated with such aircraft. 
SEC. 8117. None of the funds provided in this Act 
for the T–AO(X) program shall be used to award a new 
contract that provides for the acquisition of the following 
components unless those components are manufactured in 
the United States: Auxiliary equipment (including pumps) 
for shipboard services; propulsion equipment (including 
engines, reduction gears, and propellers); shipboard 
cranes; and spreaders for shipboard cranes. 
SEC. 8118. The amount appropriated in title II of 
this Act for ‘‘Operation and Maintenance, Army’’ is here-
by reduced by $336,000,000 to reflect excess cash bal-
ances in Department of Defense Working Capital Funds. 
SEC. 8119. Notwithstanding any other provision of 
this Act, to reflect savings due to lower than anticipated 
fuel costs, the total amount appropriated in title II of this 
Act is hereby reduced by $1,155,000,000. 
SEC. 8120. None of the funds made available by this 
Act may be used to divest or retire, or to prepare to divest 
or retire, KC–10 aircraft. 
SEC. 8121. None of the funds made available by this 
Act may be used to divest, retire, transfer, or place in stor-
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age or on backup aircraft inventory status, or prepare to 
divest, retire, transfer, or place in storage or on backup 
aircraft inventory status, any EC–130H aircraft. 
SEC. 8122. None of the funds made available by this 
Act may be used for Government Travel Charge Card ex-
penses by military or civilian personnel of the Department 
of Defense for gaming, or for entertainment that includes 
topless or nude entertainers or participants, as prohibited 
by Department of Defense FMR, Volume 9, Chapter 3 
and Department of Defense Instruction 1015.10 (enclo-
sure 3, 14a and 14b). 
SEC. 8123. None of the funds made available by this 
Act may be used to propose, plan for, or execute a new 
or additional Base Realignment and Closure (BRAC) 
round. 
SEC. 8124. Of the amounts appropriated in this Act 
for ‘‘Operation and Maintenance, Navy’’, $274,524,000, 
to remain available until expended, may be used for any 
purposes related to the National Defense Reserve Fleet 
established under section 11 of the Merchant Ship Sales 
Act of 1946 (50 U.S.C. 4405): Provided, That such 
amounts are available for reimbursements to the Ready 
Reserve Force, Maritime Administration account of the 
United States Department of Transportation for pro-
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grams, projects, activities, and expenses related to the Na-
tional Defense Reserve Fleet. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8125. Of the amounts appropriated in this Act, 
the Secretary of Defense may use up to $20,000,000 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, and up to $75,000,000 under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense- 
Wide’’ to develop, replace, and sustain Federal Govern-
ment security and suitability background investigation in-
formation technology systems of the Office of Personnel 
Management or other Federal agency responsible for con-
ducting such investigations: Provided, That the Secretary 
may reprogram or transfer additional amounts into these 
headings or into ‘‘Procurement, Defense-Wide’’ using es-
tablished reprogramming procedures applicable to con-
gressional special interest items: Provided further, That 
such funds shall supplement, not supplant any other 
amounts made available to other Federal agencies for such 
purposes. 
SEC. 8126. None of the funds made available by this 
Act for the Joint Surveillance Target Attack Radar Sys-
tem recapitalization program may be obligated or ex-
pended for pre-milestone B activities after March 31, 
2018. 
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SEC. 8127. None of the funds made available by this 
Act may be used to carry out the closure or realignment 
of the United States Naval Station, Guantanamo Bay, 
Cuba. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8128. Additional readiness funds made available 
in title II of this Act for ‘‘Operation and Maintenance, 
Army’’, ‘‘Operation and Maintenance, Navy’’, ‘‘Operation 
and Maintenance, Marine Corps’’, and ‘‘Operation and 
Maintenance, Air Force’’ may be transferred to and 
merged with any appropriation of the Department of De-
fense for activities related to the Zika virus in order to 
provide health support for the full range of military oper-
ations and sustain the health of the members of the Armed 
Forces, civilian employees of the Department of Defense, 
and their families, to include: research and development, 
disease surveillance, vaccine development, rapid detection, 
vector controls and surveillance, training, and outbreak re-
sponse: Provided, That the authority provided in this sec-
tion is subject to the same terms and conditions as the 
authority provided in section 8005 of this Act. 
SEC. 8129. (a) None of the funds made available in 
this Act may be used to maintain or establish a computer 
network unless such network is designed to block access 
to pornography websites. 
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(b) Nothing in subsection (a) shall limit the use of 
funds necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out crimi-
nal investigations, prosecution, or adjudication activities, 
or for any activity necessary for the national defense, in-
cluding intelligence activities. 
(RESCISSION) 
SEC. 8130. (a) The Ship Modernization, Operations 
and Sustainment Fund established by section 8103 of the 
Department of Defense Appropriations Act, 2013 (division 
C of Public Law 113–6; 127 Stat. 321) is hereby termi-
nated, effective as of the date of the enactment of this 
Act. 
(b) Any unobligated balances in the Ship Moderniza-
tion, Operations and Sustainment Fund as of the date of 
the enactment of this Act are hereby rescinded. 
SEC. 8131. None of the funds made available by this 
Act may be used to provide arms, training, or other assist-
ance to the Azov Battalion. 
SEC. 8132. Notwithstanding any other provision of 
law, any transfer of funds appropriated or otherwise made 
available by this Act to the Global Engagement Center 
pursuant to section 1287 of the National Defense Author-
ization Act for Fiscal Year 2017 (Public Law 114–328) 
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shall be made in accordance with section 8005 or 9002 
of this Act, as applicable. 
SEC. 8133. No amounts credited or otherwise made 
available in this or any other Act to the Department of 
Defense Acquisition Workforce Development Fund may be 
transferred to: 
(1) the Rapid Prototyping Fund established 
under section 804(d) of the National Defense Au-
thorization Act for Fiscal Year 2016 (10 U.S.C. 
2302 note); or 
(2) credited to a military-department specific 
fund established under section 804(d)(2) of the Na-
tional Defense Authorization Act for Fiscal Year 
2016 (as amended by section 897 of the National 
Defense Authorization Act for Fiscal Year 2017). 
SEC. 8134. The explanatory statement regarding this 
Act, printed in the House of Representatives section of 
the Congressional Record on or about March 8, 2017, by 
the Chairman of the Committee on Appropriations of the 
House of Representatives, shall have the same effect with 
respect to the allocation of funds and implementation of 
this Act as if it were a Report of the Committee on Appro-
priations. 
SEC. 8135. No funds provided in this Act shall be 
used to deny an Inspector General funded under this Act 
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timely access to any records, documents, or other mate-
rials available to the department or agency over which that 
Inspector General has responsibilities under the Inspector 
General Act of 1978, or to prevent or impede that Inspec-
tor General’s access to such records, documents, or other 
materials, under any provision of law, except a provision 
of law that expressly refers to the Inspector General and 
expressly limits the Inspector General’s right of access. A 
department or agency covered by this section shall provide 
its Inspector General with access to all such records, docu-
ments, and other materials in a timely manner. Each In-
spector General shall ensure compliance with statutory 
limitations on disclosure relevant to the information pro-
vided by the establishment over which that Inspector Gen-
eral has responsibilities under the Inspector General Act 
of 1978. Each Inspector General covered by this section 
shall report to the Committees on Appropriations of the 
House of Representatives and the Senate within 5 cal-
endar days any failures to comply with this requirement. 
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TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 
WAR ON TERRORISM 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $1,948,648,000: Provided, 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. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $327,427,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $179,733,000: 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. 
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MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $705,706,000: Provided, That such amount 
is 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. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $42,506,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $11,929,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, 
Marine Corps’’, $3,764,000: Provided, That such amount 
is designated by the Congress for Overseas Contingency 
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Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, 
Air Force’’, $20,535,000: Provided, 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. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $196,472,000: 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. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $5,288,000: 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. 
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OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $15,693,068,000: 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. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $7,887,349,000: 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. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $1,607,259,000: Provided, That 
such amount is 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. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $10,556,598,000: Provided, That 
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War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $118,939,000, to remain available until Sep-
tember 30, 2019: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $927,249,000, to remain available until Sep-
tember 30, 2019: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $235,095,000, to remain available until Sep-
tember 30, 2019: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
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251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $273,345,000, to remain available 
until September 30, 2019: Provided, That such amount 
is 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. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $3,529,456,000, to remain available until 
September 30, 2019: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $244,184,000, to remain available until Sep-
tember 30, 2019: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
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