II 
Calendar No. 524 
114TH CONGRESS 
2D SESSION 
H. R. 5293 
IN THE SENATE OF THE UNITED STATES 
JUNE 20, 2016 
Received; read twice and placed on the calendar 
AN ACT 
Making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2017, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2017, for military func-
tions administered by the Department of Defense and for 
other purposes, namely: 
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TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the 
Army on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; 
for members of the Reserve Officers’ Training Corps; and 
for payments pursuant to section 156 of Public Law 97– 
377, as amended (42 U.S.C. 402 note), and to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund, 
$39,986,962,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the 
Navy on active duty (except members of the Reserve pro-
vided for elsewhere), midshipmen, and aviation cadets; for 
members of the Reserve Officers’ Training Corps; and for 
payments pursuant to section 156 of Public Law 97–377, 
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as amended (42 U.S.C. 402 note), and to the Department 
of Defense Military Retirement Fund, $27,774,605,000 
(reduced by $2,000,000) (increased by $2,000,000). 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the Ma-
rine Corps on active duty (except members of the Reserve 
provided for elsewhere); and for payments pursuant to sec-
tion 156 of Public Law 97–377, as amended (42 U.S.C. 
402 note), and to the Department of Defense Military Re-
tirement Fund, $12,701,412,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the Air 
Force on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; 
for members of the Reserve Officers’ Training Corps; and 
for payments pursuant to section 156 of Public Law 97– 
377, as amended (42 U.S.C. 402 note), and to the Depart-
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ment 
of 
Defense 
Military 
Retirement 
Fund, 
$27,794,615,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and 
3038 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or 
while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and expenses au-
thorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military 
Retirement Fund, $4,458,963,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, 
United States Code, or while serving on active duty under 
section 12301(d) of title 10, United States Code, in con-
nection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing re-
serve training, or while performing drills or equivalent 
duty, and expenses authorized by section 16131 of title 
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10, United States Code; and for payments to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund, 
$1,898,825,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Marine 
Corps Reserve on active duty under section 10211 of title 
10, United States Code, or while serving on active duty 
under section 12301(d) of title 10, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiv-
alent duty, and for members of the Marine Corps platoon 
leaders class, and expenses authorized by section 16131 
of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, 
$736,305,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Force 
Reserve on active duty under sections 10211, 10305, and 
8038 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or 
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while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and expenses au-
thorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military 
Retirement Fund, $1,718,126,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Na-
tional Guard while on duty under sections 10211, 10302, 
or 12402 of title 10 or section 708 of title 32, United 
States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United 
States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or 
while undergoing training, or while performing drills or 
equivalent duty or other duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for pay-
ments to the Department of Defense Military Retirement 
Fund, $7,827,440,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Na-
tional Guard on duty under sections 10211, 10305, or 
12402 of title 10 or section 708 of title 32, United States 
Code, or while serving on duty under section 12301(d) of 
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title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$3,271,215,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Army, as author-
ized by law, $34,436,295,000 (reduced by $5,600,000): 
Provided, That not to exceed $12,478,000 can be used for 
emergencies and extraordinary expenses, to be expended 
on the approval or authority of the Secretary of the Army, 
and payments may be made on his certificate of necessity 
for confidential military purposes. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Navy and the 
Marine Corps, as authorized by law, $40,213,485,000 (re-
duced by $6,086,000) (increased by $6,086,000): Pro-
vided, That not to exceed $15,055,000 can be used for 
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emergencies and extraordinary expenses, to be expended 
on the approval or authority of the Secretary of the Navy, 
and payments may be made on his certificate of necessity 
for confidential military purposes. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Marine Corps, 
as authorized by law, $6,246,366,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Air Force, as 
authorized by law, $38,209,602,000: Provided, That not 
to exceed $7,699,000 can be used for emergencies and ex-
traordinary expenses, to be expended on the approval or 
authority of the Secretary of the Air Force, and payments 
may be made on his certificate of necessity for confidential 
military purposes. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of activities and agen-
cies of the Department of Defense (other than the military 
departments), as authorized by law, $32,263,224,000 (re-
duced by $20,000,000) (reduced by $40,000,000) (in-
creased by $5,000,000) (reduced by $1,000,000) (in-
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creased by $1,000,000) (reduced by $5,000,000) (in-
creased by $5,000,000) (reduced by $5,000,000) (in-
creased by $5,000,000) (reduced by $10,000,000) (re-
duced by $7,000,000) (reduced by $17,000,000) (reduced 
by $5,000,000) (reduced by $5,500,000) (reduced by 
$5,000,000) (reduced by $1,000,000) (reduced by 
$5,000,000) (reduced by $8,000,000) (reduced by 
$2,000,000) (reduced by $7,800,000) (reduced by 
$2,000,000) (reduced by $25,000,000) (reduced by 
$80,000,000): Provided, That not more than $15,000,000 
may be used for the Combatant Commander Initiative 
Fund authorized under section 166a of title 10, United 
States Code: Provided further, That not to exceed 
$36,000,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or author-
ity of the Secretary of Defense, and payments may be 
made on his certificate of necessity for confidential mili-
tary purposes: Provided further, That of the funds pro-
vided under this heading, not less than $35,045,000 shall 
be made available for the Procurement Technical Assist-
ance Cooperative Agreement Program, of which not less 
than $3,600,000 shall be available for centers defined in 
10 U.S.C. 2411(1)(D): Provided further, That none of the 
funds appropriated or otherwise made available by this 
Act may be used to plan or implement the consolidation 
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of a budget or appropriations liaison office of the Office 
of the Secretary of Defense, the office of the Secretary 
of a military department, or the service headquarters of 
one of the Armed Forces into a legislative affairs or legis-
lative liaison office: Provided further, That $8,023,000, to 
remain available until expended, is available only for ex-
penses relating to certain classified activities, and may be 
transferred as necessary by the Secretary of Defense to 
operation and maintenance appropriations or research, de-
velopment, test and evaluation appropriations, to be 
merged with and to be available for the same time period 
as the appropriations to which transferred: Provided fur-
ther, That any ceiling on the investment item unit cost 
of items that may be purchased with operation and main-
tenance funds shall not apply to the funds described in 
the preceding proviso: Provided further, That the transfer 
authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
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cruiting; procurement of services, supplies, and equip-
ment; and communications, $2,767,471,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $975,724,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger 
motor vehicles; travel and transportation; care of the dead; 
recruiting; procurement of services, supplies, and equip-
ment; and communications, $320,066,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Air Force Reserve; 
repair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
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cruiting; procurement of services, supplies, and equip-
ment; and communications, $3,106,066,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and 
hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
penses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard 
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army 
National Guard as authorized by law; and expenses of re-
pair, modification, maintenance, and issue of supplies and 
equipment (including aircraft), $6,923,595,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For expenses of training, organizing, and admin-
istering the Air National Guard, including medical and 
hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; transportation of things, hire of pas-
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senger motor vehicles; supplying and equipping the Air 
National Guard, as authorized by law; expenses for repair, 
modification, maintenance, and issue of supplies and 
equipment, including those furnished from stocks under 
the control of agencies of the Department of Defense; 
travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on 
active Federal duty, for Air National Guard commanders 
while inspecting units in compliance with National Guard 
Bureau regulations when specifically authorized by the 
Chief, National Guard Bureau, $6,708,200,000. 
UNITED STATES COURT OF APPEALS FOR THE ARMED 
FORCES 
For salaries and expenses necessary for the United 
States Court of Appeals for the Armed Forces, 
$14,194,000, of which not to exceed $5,000 may be used 
for official representation purposes. 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $170,167,000 (re-
duced by $1,000,000), to remain available until trans-
ferred: Provided, That the Secretary of the Army shall, 
upon determining that such funds are required for envi-
ronmental restoration, reduction and recycling of haz-
ardous waste, removal of unsafe buildings and debris of 
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the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation 
to other appropriations made available to the Department 
of the Army, to be merged with and to be available for 
the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, 
That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for 
the purposes provided herein, such amounts may be trans-
ferred back to this appropriation: Provided further, That 
the transfer authority provided under this heading is in 
addition to any other transfer authority provided else-
where in this Act. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $289,262,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris of the Department of the Navy, or 
for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available 
to the Department of the Navy, to be merged with and 
to be available for the same purposes and for the same 
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time period as the appropriations to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer au-
thority provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $371,521,000, 
to remain available until transferred: Provided, That the 
Secretary of the Air Force shall, upon determining that 
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of un-
safe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations 
made available to the Department of the Air Force, to be 
merged with and to be available for the same purposes 
and for the same time period as the appropriations to 
which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to 
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this appropriation: Provided further, That the transfer au-
thority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $9,009,000, to re-
main available until transferred: Provided, That the Sec-
retary of Defense shall, upon determining that such funds 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period 
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the 
funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts 
may be transferred back to this appropriation: Provided 
further, That the transfer authority provided under this 
heading is in addition to any other transfer authority pro-
vided elsewhere in this Act. 
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ENVIRONMENTAL RESTORATION, FORMERLY USED 
DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $222,084,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris at sites formerly used by the Depart-
ment of Defense, transfer the funds made available by this 
appropriation to other appropriations made available to 
the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time 
period as the appropriations to which transferred: Pro-
vided further, That upon a determination that all or part 
of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts 
may be transferred back to this appropriation: Provided 
further, That the transfer authority provided under this 
heading is in addition to any other transfer authority pro-
vided elsewhere in this Act. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of 
Defense (consisting of the programs provided under sec-
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tions 401, 402, 404, 407, 2557, and 2561 of title 10, 
United States Code), $108,125,000, to remain available 
until September 30, 2018. 
COOPERATIVE THREAT REDUCTION ACCOUNT 
For assistance, including assistance provided by con-
tract or by grants, under programs and activities of the 
Department of Defense Cooperative Threat Reduction 
Program authorized under the Department of Defense Co-
operative Threat Reduction Act, $325,604,000, to remain 
available until September 30, 2019. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, ground handling equipment, spare parts, and 
accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
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foregoing purposes, $4,628,697,000, to remain available 
for obligation until September 30, 2019. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including 
ordnance, ground handling equipment, spare parts, and 
accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes, $1,502,377,000, to remain available 
for obligation until September 30, 2019. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For construction, procurement, production, and 
modification of weapons and tracked combat vehicles, 
equipment, including ordnance, spare parts, and acces-
sories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land 
necessary therefor, for the foregoing purposes, and such 
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lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing 
purposes, $2,244,547,000, to remain available for obliga-
tion until September 30, 2019. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities, au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor- 
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $1,513,157,000 (increased by 
$20,000,000), to remain available for obligation until Sep-
tember 30, 2019. 
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OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and 
modification of vehicles, including tactical, support, and 
non-tracked combat vehicles; the purchase of passenger 
motor vehicles for replacement only; communications and 
electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including the land necessary therefor, for 
the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other 
expenses 
necessary 
for 
the 
foregoing 
purposes, 
$6,081,856,000, to remain available for obligation until 
September 30, 2019. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted 
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thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment 
and 
contractor-owned 
equipment 
layaway, 
$15,900,093,000, to remain available for obligation until 
September 30, 2019. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts, 
and accessories therefor; expansion of public and private 
plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment 
layaway, $3,102,544,000, to remain available for obliga-
tion until September 30, 2019. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities, au-
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thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor- 
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $601,563,000, to remain avail-
able for obligation until September 30, 2019. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public 
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical, 
long lead time components and designs for vessels to be 
constructed or converted in the future; and expansion of 
public and private plants, including land necessary there-
for, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title, as follows: 
Ohio Replacement Submarine, $773,138,000; 
Carrier Replacement Program, $1,271,205,000; 
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Carrier 
Replacement 
Program, 
(AP), 
$1,370,784,000; 
Virginia Class Submarine, $3,187,985,000; 
Virginia 
Class 
Submarine 
(AP), 
$1,742,134,000; 
CVN Refueling Overhauls, $1,689,920,000; 
CVN Refueling Overhauls (AP), $248,599,000; 
DDG–1000 Program, $271,756,000; 
DDG–51 Destroyer, $3,211,292,000; 
Littoral Combat Ship, $1,439,192,000; 
LHA Replacement, $1,559,189,000; 
TAO Fleet Oiler, $73,079,000; 
Moored Training Ship, $624,527,000; 
Ship to Shore Connector, $128,067,000; 
Service Craft, $65,192,000; 
LCAC 
Service 
Life 
Extension 
Program, 
$1,774,000; 
YP 
Craft 
Maintenance/ROH/SLEP, 
$21,363,000; 
For outfitting, post delivery, conversions, and 
first destination transportation, $645,054,000; and 
Completion of Prior Year Shipbuilding Pro-
grams, $160,274,000. 
In all: $18,484,524,000, to remain available for obli-
gation until September 30, 2021, of which $160,274,000 
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shall remain available until September 30, 2017, to fund 
completion of prior year shipbuilding programs: Provided, 
That additional obligations may be incurred after Sep-
tember 30, 2021, for engineering services, tests, evalua-
tions, and other such budgeted work that must be per-
formed in the final stage of ship construction: Provided 
further, That none of the funds provided under this head-
ing for the construction or conversion of any naval vessel 
to be constructed in shipyards in the United States shall 
be expended in foreign facilities for the construction of 
major components of such vessel: Provided further, That 
none of the funds provided under this heading shall be 
used for the construction of any naval vessel in foreign 
shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of 
support equipment and materials not otherwise provided 
for, Navy ordnance (except ordnance for new aircraft, new 
ships, and ships authorized for conversion); the purchase 
of passenger motor vehicles for replacement only; expan-
sion of public and private plants, including the land nec-
essary therefor, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and 
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private plants; reserve plant and Government and con-
tractor-owned equipment layaway, $6,099,326,000, to re-
main available for obligation until September 30, 2019. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manu-
facture, and modification of missiles, armament, military 
equipment, spare parts, and accessories therefor; plant 
equipment, appliances, and machine tools, and installation 
thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; ve-
hicles for the Marine Corps, including the purchase of pas-
senger motor vehicles for replacement only; and expansion 
of public and private plants, including land necessary 
therefor, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title, $1,213,872,000, to remain available for ob-
ligation until September 30, 2019. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
aircraft and equipment, including armor and armament, 
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, Gov-
ernment-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for 
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the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes in-
cluding 
rents 
and 
transportation 
of 
things, 
$14,325,117,000 (increased by $7,000,000) (increased by 
$80,000,000), to remain available for obligation until Sep-
tember 30, 2019. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
missiles, rockets, and related equipment, including spare 
parts and accessories therefor; ground handling equip-
ment, and training devices; expansion of public and pri-
vate plants, Government-owned equipment and installa-
tion thereof in such plants, erection of structures, and ac-
quisition of land, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; re-
serve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the fore-
going purposes including rents and transportation of 
things, $2,288,772,000, to remain available for obligation 
until September 30, 2019. 
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SPACE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
spacecraft, rockets, and related equipment, including 
spare parts and accessories therefor; ground handling 
equipment, and training devices; expansion of public and 
private plants, Government-owned equipment and installa-
tion thereof in such plants, erection of structures, and ac-
quisition of land, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; re-
serve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the fore-
going purposes including rents and transportation of 
things, $2,538,152,000, to remain available for obligation 
until September 30, 2019. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities, au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
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ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor- 
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $1,609,719,000, to remain 
available for obligation until September 30, 2019. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment, 
and ground electronic and communication equipment), 
and supplies, materials, and spare parts therefor, not oth-
erwise provided for; the purchase of passenger motor vehi-
cles for replacement only; lease of passenger motor vehi-
cles; and expansion of public and private plants, Govern-
ment-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon, prior to approval of title; reserve plant and Gov-
ernment 
and 
contractor-owned 
equipment 
layaway, 
$17,342,313,000, to remain available for obligation until 
September 30, 2019. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) 
necessary for procurement, production, and modification 
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of equipment, supplies, materials, and spare parts there-
for, not otherwise provided for; the purchase of passenger 
motor vehicles for replacement only; expansion of public 
and private plants, equipment, and installation thereof in 
such plants, erection of structures, and acquisition of land 
for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and Gov-
ernment 
and 
contractor-owned 
equipment 
layaway, 
$4,649,876,000 (increased by $5,000,000) (reduced by 
$10,000,000) (increased by $12,500,000), to remain avail-
able for obligation until September 30, 2019. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant 
to sections 108, 301, 302, and 303 of the Defense Produc-
tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 
$74,065,000 (increased by $25,000,000), to remain avail-
able until expended. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
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ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $7,864,517,000 (increased by 
$17,000,000) (increased by $5,000,000) (reduced by 
$1,000,000) (increased by $1,000,000), to remain avail-
able for obligation until September 30, 2018. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $16,831,290,000 (reduced by 
$2,000,000) (increased by $2,000,000) (increased by 
$29,800,000), to remain available for obligation until Sep-
tember 30, 2018: Provided, That funds appropriated in 
this paragraph which are available for the V–22 may be 
used to meet unique operational requirements of the Spe-
cial Operations Forces. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $27,106,851,000 (reduced by 
$5,000,000), to remain available for obligation until Sep-
tember 30, 2018. 
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), 
necessary for basic and applied scientific research, devel-
opment, test and evaluation; advanced research projects 
as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, 
lease, and operation of facilities and equipment, 
$18,311,236,000 (increased by $5,000,000) (increased by 
$5,000,000) (increased by $12,500,000) (reduced by 
$25,000,000) (increased by $5,000,000) (reduced by 
$33,900,000), to remain available for obligation until Sep-
tember 30, 2018: Provided, That, of the funds made avail-
able in this paragraph, $250,000,000 for the Defense 
Rapid Innovation Program shall only be available for ex-
penses, not otherwise provided for, to include program 
management and oversight, to conduct research, develop-
ment, test and evaluation to include proof of concept dem-
onstration; engineering, testing, and validation; and tran-
sition to full-scale production: Provided further, That the 
Secretary of Defense may transfer funds provided herein 
for the Defense Rapid Innovation Program to appropria-
tions for research, development, test and evaluation to ac-
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complish the purpose provided herein: Provided further, 
That this transfer authority is in addition to any other 
transfer authority available to the Department of Defense: 
Provided further, That the Secretary of Defense shall, not 
fewer than 30 days prior to making transfers from this 
appropriation, notify the congressional defense committees 
in writing of the details of any such transfer. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary 
for the independent activities of the Director, Operational 
Test and Evaluation, in the direction and supervision of 
operational test and evaluation, including initial oper-
ational test and evaluation which is conducted prior to, 
and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in 
connection therewith, $178,994,000, to remain available 
for obligation until September 30, 2018. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For 
the 
Defense 
Working 
Capital 
Funds, 
$1,371,613,000. 
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TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense 
as authorized by law, $33,576,563,000 (increased by 
$32,000,000) (increased by $1,000,000) (increased by 
$5,000,000) (increased by $1,000,000) (increased by 
$5,000,000) (increased by $8,000,000) (increased by 
$2,000,000) (increased by $2,000,000) (increased by 
$10,000,000); of which $31,696,337,000 (increased by 
$32,000,000) shall be for operation and maintenance, of 
which not to exceed 1 percent shall remain available for 
obligation until September 30, 2018, and of which up to 
$15,523,832,000 (increased by $32,000,000) may be 
available for contracts entered into under the TRICARE 
program; of which $413,219,000, to remain available for 
obligation until September 30, 2019, shall be for procure-
ment; and of which $1,467,007,000 (increased by 
$1,000,000) (increased by $5,000,000) (increased by 
$1,000,000) (increased by $5,000,000) (increased by 
$8,000,000) (increased by $2,000,000) (increased by 
$2,000,000) (increased by $10,000,000), to remain avail-
able for obligation until September 30, 2018, shall be for 
research, development, test and evaluation: Provided, 
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That, notwithstanding any other provision of law, of the 
amount made available under this heading for research, 
development, 
test 
and 
evaluation, 
not 
less 
than 
$8,000,000 shall be available for HIV prevention edu-
cational activities undertaken in connection with United 
States military training, exercises, and humanitarian as-
sistance activities conducted primarily in African nations: 
Provided further, That of the funds provided under this 
heading for research, development, test and evaluation, 
not less than $644,100,000 shall be made available to the 
United States Army Medical Research and Materiel Com-
mand to carry out the congressionally directed medical re-
search programs. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal 
chemical agents and munitions in accordance with the pro-
visions of section 1412 of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not 
in the chemical weapon stockpile, $551,023,000, of which 
$147,282,000 shall be for operation and maintenance, of 
which no less than $49,533,000 shall be for the Chemical 
Stockpile Emergency Preparedness Program, consisting of 
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$20,368,000 for activities on military installations and 
$29,165,000, to remain available until September 30, 
2018, to assist State and local governments, not more 
than $30,000,000, to remain available until September 30, 
2018, shall be for the destruction of eight United States- 
origin chemical munitions in the Republic of Panama, to 
the extent authorized by law; $15,132,000 shall be for pro-
curement, to remain available until September 30, 2019, 
of which $15,132,000 shall be for the Chemical Stockpile 
Emergency Preparedness Program to assist State and 
local governments; and $388,609,000, to remain available 
until September 30, 2018, shall be for research, develop-
ment, test and evaluation, of which $380,892,000 shall 
only be for the Assembled Chemical Weapons Alternatives 
program. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of 
the Department of Defense, for transfer to appropriations 
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for oper-
ation and maintenance; for procurement; and for research, 
development, test and evaluation, $908,800,000, of which 
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$631,087,000 shall be for counter-narcotics support; 
$118,713,000 shall be for the drug demand reduction pro-
gram; and $159,000,000 shall be for the National Guard 
counter-drug program: Provided, That the funds appro-
priated under this heading shall be available for obligation 
for the same time period and for the same purpose as the 
appropriation to which transferred: Provided further, That 
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be trans-
ferred back to this appropriation: Provided further, That 
the transfer authority provided under this heading is in 
addition to any other transfer authority contained else-
where in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $322,035,000, 
of which $318,882,000 shall be for operation and mainte-
nance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on 
the approval or authority of the Inspector General, and 
payments may be made on the Inspector General’s certifi-
cate of necessity for confidential military purposes; and 
of which $3,153,000, to remain available until September 
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30, 2018, shall be for research, development, test and eval-
uation. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM FUND 
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain the 
proper funding level for continuing the operation of the 
Central Intelligence Agency Retirement and Disability 
System, $514,000,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Commu-
nity Management Account, $483,596,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained 
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress. 
SEC. 8002. During the current fiscal year, provisions 
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States 
shall not apply to personnel of the Department of Defense: 
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of 
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Defense funded by this Act shall not be at a rate in excess 
of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is 
computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percent-
age increase provided by the appropriate host nation to 
its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of De-
fense foreign service national employees serving at United 
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided further, That the limitations of this provision shall 
not apply to foreign national employees of the Department 
of Defense in the Republic of Turkey. 
SEC. 8003. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the 
last 2 months of the fiscal year: Provided, That this sec-
tion shall not apply to obligations for support of active 
duty training of reserve components or summer camp 
training of the Reserve Officers’ Training Corps. 
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(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of 
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $4,500,000,000 
of working capital funds of the Department of Defense 
or funds made available in this Act to the Department 
of Defense for military functions (except military con-
struction) between such appropriations or funds or any 
subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as 
the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless 
for higher priority items, based on unforeseen military 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 the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority 
or any other authority in this Act: Provided further, That 
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
tions for reprogramming of funds, unless for higher pri-
ority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no 
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case where the item for which reprogramming is requested 
has been denied by the Congress: Provided further, That 
a request for multiple reprogrammings of funds using au-
thority provided in this section shall be made prior to June 
30, 2017: Provided further, That transfers among military 
personnel appropriations shall not be taken into account 
for purposes of the limitation on the amount of funds that 
may be transferred under this section. 
SEC. 8006. (a) With regard to the list of specific pro-
grams, projects, and activities (and the dollar amounts 
and adjustments to budget activities corresponding to 
such programs, projects, and activities) contained in the 
tables titled Explanation of Project Level Adjustments in 
the explanatory statement regarding this Act, the obliga-
tion and expenditure of amounts appropriated or other-
wise made available in this Act for those programs, 
projects, and activities for which the amounts appro-
priated exceed the amounts requested are hereby required 
by law to be carried out in the manner provided by such 
tables to the same extent as if the tables were included 
in the text of this Act. 
(b) Amounts specified in the referenced tables de-
scribed in subsection (a) shall not be treated as subdivi-
sions of appropriations for purposes of section 8005 of this 
Act: Provided, That section 8005 shall apply when trans-
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fers of the amounts described in subsection (a) occur be-
tween appropriation accounts. 
SEC. 8007. (a) Not later than 60 days after enact-
ment of this Act, the Department of Defense shall submit 
a report to the congressional defense committees to estab-
lish the baseline for application 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 both by budget activity and program, 
project, and activity as detailed in the Budget Ap-
pendix; and 
(3) an identification of items of special congres-
sional interest. 
(b) Notwithstanding section 8005 of this Act, none 
of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in 
subsection (a) is submitted to the congressional defense 
committees, unless the Secretary of Defense certifies in 
writing to the congressional defense committees that such 
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reprogramming or transfer is necessary as an emergency 
requirement: Provided, That this subsection shall not 
apply to transfers from the following appropriations ac-
counts: 
(1) Environmental Restoration, Army; 
(2) Environmental Restoration, Navy; 
(3) Environmental Restoration, Air Force; 
(4) Environmental Restoration, Defense-wide; 
(5) Environmental Restoration, Formerly Used 
Defense Sites; and 
(6) Drug Interdiction and Counter-drug Activi-
ties, Defense. 
(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, 
United States Code, may be maintained in only such 
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further, 
That transfers may be made between working capital 
funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of 
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the Office of Management and Budget, except that such 
transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer: Pro-
vided further, That except in amounts equal to the 
amounts appropriated to working capital funds in this Act, 
no obligations may be made against a working capital fund 
to procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the 
Congress prior to any such obligation. 
SEC. 8009. Funds appropriated by this Act may not 
be used to initiate a special access program without prior 
notification 30 calendar days in advance to the congres-
sional defense committees. 
SEC. 8010. None of the funds provided in this Act 
shall be available to initiate: (1) a multiyear contract that 
employs economic order quantity procurement in excess of 
$20,000,000 in any one year of the contract or that in-
cludes an unfunded contingent liability in excess of 
$20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in 
any one year, unless the congressional defense committees 
have been notified at least 30 days in advance of the pro-
posed contract award: Provided, That no part of any ap-
propriation contained in this Act shall be available to ini-
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tiate a multiyear contract for which the economic order 
quantity advance procurement is not funded at least to 
the limits of the Government’s liability: Provided further, 
That no part of any appropriation contained in this Act 
shall be available to initiate multiyear procurement con-
tracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 un-
less specifically provided in this Act: Provided further, 
That no multiyear procurement contract can be termi-
nated without 30-day prior notification to the congres-
sional defense committees: Provided further, That the exe-
cution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared 
to an annual procurement: Provided further, That none of 
the funds provided in this Act may be used for a multiyear 
contract executed after the date of the enactment of this 
Act unless in the case of any such contract— 
(1) the Secretary of Defense has submitted to 
Congress a budget request for full funding of units 
to be procured through the contract and, in the case 
of a contract for procurement of aircraft, that in-
cludes, for any aircraft unit to be procured through 
the contract for which procurement funds are re-
quested in that budget request for production be-
yond advance procurement activities in the fiscal 
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year covered by the budget, full funding of procure-
ment of such unit in that fiscal year; 
(2) cancellation provisions in the contract do 
not include consideration of recurring manufacturing 
costs of the contractor associated with the produc-
tion of unfunded units to be delivered under the con-
tract; 
(3) the contract provides that payments to the 
contractor under the contract shall not be made in 
advance of incurred costs on funded units; and 
(4) the contract does not provide for a price ad-
justment based on a failure to award a follow-on 
contract. 
SEC. 8011. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are 
hereby appropriated pursuant to section 401 of title 10, 
United States Code, for humanitarian and civic assistance 
costs under chapter 20 of title 10, United States Code. 
Such funds may also be obligated for humanitarian and 
civic assistance costs incidental to authorized operations 
and pursuant to authority granted in section 401 of chap-
ter 20 of title 10, United States Code, and these obliga-
tions shall be reported as required by section 401(d) of 
title 10, United States Code: Provided, That funds avail-
able for operation and maintenance shall be available for 
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providing humanitarian and similar assistance by using 
Civic Action Teams in the Trust Territories of the Pacific 
Islands and freely associated states of Micronesia, pursu-
ant to the Compact of Free Association as authorized by 
Public Law 99–239: Provided further, That upon a deter-
mination by the Secretary of the Army that such action 
is beneficial for graduate medical education programs con-
ducted at Army medical facilities located in Hawaii, the 
Secretary of the Army may authorize the provision of med-
ical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients 
from American Samoa, the Commonwealth of the North-
ern Mariana Islands, the Marshall Islands, the Federated 
States of Micronesia, Palau, and Guam. 
SEC. 8012. (a) During fiscal year 2017, the civilian 
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment of such personnel during that fiscal year shall not 
be subject to any constraint or limitation (known as an 
end-strength) on the number of such personnel who may 
be employed on the last day of such fiscal year. 
(b) The fiscal year 2018 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2018 
Department of Defense budget request shall be prepared 
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and submitted to the Congress as if subsections (a) and 
(b) of this provision were effective with regard to fiscal 
year 2018. 
(c) As required by section 1107 of the National De-
fense Authorization Act for Fiscal Year 2014 (Public Law 
113–66; 10 U.S.C. 2358 note) civilian personnel at the 
Department of Army Science and Technology Reinvention 
Laboratories may not be managed on the basis of the 
Table of Distribution and Allowances, and the manage-
ment of the workforce strength shall be done in a manner 
consistent with the budget available with respect to such 
Laboratories. 
(d) Nothing in this section shall be construed to apply 
to military (civilian) technicians. 
SEC. 8013. None of the funds made available by this 
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress. 
SEC. 8014. None of the funds appropriated by this 
Act shall be available for the basic pay and allowances of 
any member of the Army participating as a full-time stu-
dent and receiving benefits paid by the Secretary of Vet-
erans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Pro-
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vided, That this section shall not apply to those members 
who have reenlisted with this option prior to October 1, 
1987: Provided further, That this section applies only to 
active components of the Army. 
(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing 
a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law 
101–510; 10 U.S.C. 2302 note), as amended, under the 
authority of this provision or any other transfer authority 
contained in this Act. 
SEC. 8016. None of the funds in this Act may be 
available for the purchase by the Department of Defense 
(and its departments and agencies) of welded shipboard 
anchor and mooring chain 4 inches in diameter and under 
unless the anchor and mooring chain are manufactured 
in the United States from components which are substan-
tially manufactured in the United States: Provided, That 
for the purpose of this section, the term ‘‘manufactured’’ 
shall include cutting, heat treating, quality control, testing 
of chain and welding (including the forging and shot blast-
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ing process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and 
mooring chain shall be considered to be produced or manu-
factured in the United States if the aggregate cost of the 
components produced or manufactured in the United 
States exceeds the aggregate cost of the components pro-
duced or manufactured outside the United States: Pro-
vided further, That when adequate domestic supplies are 
not available to meet Department of Defense requirements 
on a timely basis, the Secretary of the service responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations that such an acquisition must be made 
in order to acquire capability for national security pur-
poses. 
SEC. 8017. None of the funds available to the De-
partment of Defense may be used to demilitarize or dis-
pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 
to demilitarize or destroy small arms ammunition or am-
munition components that are not otherwise prohibited 
from commercial sale under Federal law, unless the small 
arms ammunition or ammunition components are certified 
by the Secretary of the Army or designee as unserviceable 
or unsafe for further use. 
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SEC. 8018. No more than $500,000 of the funds ap-
propriated or made available in this Act shall be used dur-
ing a single fiscal year for any single relocation of an orga-
nization, unit, activity or function of the Department of 
Defense into or within the National Capital Region: Pro-
vided, That the Secretary of Defense may waive this re-
striction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relo-
cation is required in the best interest of the Government. 
SEC. 8019. Of the funds made available in this Act, 
$15,000,000 shall be available for incentive payments au-
thorized by section 504 of the Indian Financing Act of 
1974 (25 U.S.C. 1544): Provided, That a prime contractor 
or a subcontractor at any tier that makes a subcontract 
award to any subcontractor or supplier as defined in sec-
tion 1544 of title 25, United States Code, or a small busi-
ness owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States 
Code, shall be considered a contractor for the purposes 
of being allowed additional compensation under section 
504 of the Indian Financing Act of 1974 (25 U.S.C. 
1544) whenever the prime contract or subcontract amount 
is over $500,000 and involves the expenditure of funds 
appropriated by an Act making appropriations for the De-
partment of Defense with respect to any fiscal year: Pro-
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vided further, That notwithstanding section 1906 of title 
41, United States Code, this section shall be applicable 
to any Department of Defense acquisition of supplies or 
services, including any contract and any subcontract at 
any tier for acquisition of commercial items produced or 
manufactured, in whole or in part, by any subcontractor 
or supplier defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by 
an individual or individuals defined under section 4221(9) 
of title 25, United States Code. 
SEC. 8020. Funds appropriated by this Act for the 
Defense Media Activity shall not be used for any national 
or international political or psychological activities. 
SEC. 8021. During the current fiscal year, the De-
partment of Defense is authorized to incur obligations of 
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government 
of Kuwait, under that section: Provided, That, upon re-
ceipt, such contributions from the Government of Kuwait 
shall be credited to the appropriations or fund which in-
curred such obligations. 
SEC. 8022. (a) Of the funds made available in this 
Act, not less than $40,021,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
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(1) $28,000,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil 
Air Patrol Corporation operation and maintenance, 
readiness, counter-drug activities, and drug demand 
reduction activities involving youth programs; 
(2) $10,337,000 shall be available from ‘‘Air-
craft Procurement, Air Force’’; and 
(3) $1,684,000 shall be available from ‘‘Other 
Procurement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8023. (a) None of the funds appropriated in this 
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a 
separate entity administrated by an organization man-
aging another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and 
other nonprofit entities. 
(b) No member of a Board of Directors, Trustees, 
Overseers, Advisory Group, Special Issues Panel, Visiting 
Committee, or any similar entity of a defense FFRDC, 
and no paid consultant to any defense FFRDC, except 
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when acting in a technical advisory capacity, may be com-
pensated for his or her services as a member of such enti-
ty, or as a paid consultant by more than one FFRDC in 
a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during the current fiscal year may be used by a defense 
FFRDC, through a fee or other payment mechanism, for 
construction of new buildings not located on a military in-
stallation, for payment of cost sharing for projects funded 
by Government grants, for absorption of contract over-
runs, or for certain charitable contributions, not to include 
employee participation in community service and/or devel-
opment: Provided, That up to 1 percent of funds provided 
in this Act for support of defense FFRDCs may be used 
for planning and design of scientific or engineering facili-
ties: Provided further, That the Secretary of Defense shall 
notify the congressional defense committees 15 days in ad-
vance of exercising the authority in the previous proviso. 
(d) Notwithstanding any other provision of law, of 
the funds available to the department during fiscal year 
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2017, not more than 5,750 staff years of technical effort 
(staff years) may be funded for defense FFRDCs: Pro-
vided, That, of the specific amount referred to previously 
in this subsection, not more than 1,125 staff years may 
be funded for the defense studies and analysis FFRDCs: 
Provided further, That this subsection shall not apply to 
staff years funded in the National Intelligence Program 
(NIP) and the Military Intelligence Program (MIP). 
(e) The Secretary of Defense shall, with the submis-
sion of the department’s fiscal year 2018 budget request, 
submit a report presenting the specific amounts of staff 
years of technical effort to be allocated for each defense 
FFRDC during that fiscal year and the associated budget 
estimates. 
(f) Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act for FFRDCs 
is hereby reduced by $126,800,000. 
SEC. 8024. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy, 
or armor steel plate for use in any Government-owned fa-
cility or property under the control of the Department of 
Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement re-
strictions shall apply to any and all Federal Supply Class 
9515, American Society of Testing and Materials (ASTM) 
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or American Iron and Steel Institute (AISI) specifications 
of carbon, alloy or armor steel plate: Provided further, 
That the Secretary of the military department responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that adequate domestic supplies are not available 
to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order 
to acquire capability for national security purposes: Pro-
vided further, That these restrictions shall not apply to 
contracts which are in being as of the date of the enact-
ment of this Act. 
SEC. 8025. For the purposes of this Act, the term 
‘‘congressional defense committees’’ means the Armed 
Services Committee of the House of Representatives, the 
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representa-
tives. 
SEC. 8026. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot 
maintenance and repair of aircraft, vehicles and vessels 
as well as the production of components and other De-
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fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or Defense Agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A– 
76 shall not apply to competitions conducted under this 
section. 
SEC. 8027. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the 
terms of the agreement by discriminating against certain 
types of products produced in the United States that are 
covered by the agreement, the Secretary of Defense shall 
rescind the Secretary’s blanket waiver of the Buy Amer-
ican Act with respect to such types of products produced 
in that foreign country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospec-
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tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense 
purchases from foreign entities in fiscal year 2017. Such 
report shall separately indicate the dollar value of items 
for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term ‘‘Buy 
American Act’’ means chapter 83 of title 41, United 
States Code. 
SEC. 8028. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act 
of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 
be available until expended for the payments specified by 
section 2921(c)(2) of that Act. 
SEC. 8029. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North Da-
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kota, South Dakota, Montana, Oregon, Minnesota, and 
Washington relocatable military housing units located at 
Grand Forks Air Force Base, Malmstrom Air Force Base, 
Mountain Home Air Force Base, Ellsworth Air Force 
Base, and Minot Air Force Base that are excess to the 
needs of the Air Force. 
(b) The Secretary of the Air Force shall convey, at 
no cost to the Air Force, military housing units under sub-
section (a) in accordance with the request for such units 
that are submitted to the Secretary by the Operation 
Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Da-
kota, Montana, Oregon, Minnesota, and Washington. Any 
such conveyance shall be subject to the condition that the 
housing units shall be removed within a reasonable period 
of time, as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for 
housing units under subsection (a) before submitting re-
quests to the Secretary of the Air Force under subsection 
(b). 
(d) In this section, the term ‘‘Indian tribe’’ means 
any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 
104 of the Federally Recognized Indian Tribe Act of 1994 
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(Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 
1). 
SEC. 8030. During the current fiscal year, appropria-
tions which are available to the Department of Defense 
for operation and maintenance may be used to purchase 
items having an investment item unit cost of not more 
than $250,000. 
SEC. 8031. None of the funds made available by this 
Act may be used to— 
(1) disestablish, or prepare to disestablish, a 
Senior Reserve Officers’ Training Corps program in 
accordance with Department of Defense Instruction 
Number 1215.08, dated June 26, 2006; or 
(2) close, downgrade from host to extension 
center, or place on probation a Senior Reserve Offi-
cers’ Training Corps program in accordance with the 
information paper of the Department of the Army 
titled ‘‘Army Senior Reserve Officers’ Training 
Corps (SROTC) Program Review and Criteria’’, 
dated January 27, 2014. 
SEC. 8032. The Secretary of Defense shall issue reg-
ulations to prohibit the sale of any tobacco or tobacco- 
related products in military resale outlets in the United 
States, its territories and possessions at a price below the 
most competitive price in the local community: Provided, 
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That such regulations shall direct that the prices of to-
bacco or tobacco-related products in overseas military re-
tail outlets shall be within the range of prices established 
for military retail system stores located in the United 
States. 
SEC. 8033. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the 
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable 
to the Department of Defense Business Operations Fund 
during fiscal year 1994 and if the purchase of such an 
investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of 
Defense for procurement. 
(b) The fiscal year 2018 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2018 
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be 
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budgeted for in a proposed fiscal year 2018 procurement 
appropriation and not in the supply management business 
area or any other area or category of the Department of 
Defense Working Capital Funds. 
SEC. 8034. None of the funds appropriated by this 
Act for programs of the Central Intelligence Agency shall 
remain available for obligation beyond the current fiscal 
year, except for funds appropriated for the Reserve for 
Contingencies, which shall remain available until Sep-
tember 30, 2018: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund 
during this or any prior or subsequent fiscal year shall 
remain available until expended: Provided further, That 
any funds appropriated or transferred to the Central Intel-
ligence Agency for advanced research and development ac-
quisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of 
the National Security Act of 1947 (50 U.S.C. 3093) shall 
remain available until September 30, 2018. 
SEC. 8035. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence 
Program intelligence communications and intelligence in-
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formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands. 
SEC. 8036. 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. 8037. (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-
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er the person should be debarred from contracting with 
the Department of Defense. 
(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. 8038. None of the funds appropriated by this 
Act and hereafter shall be available for a contract for stud-
ies, analysis, or consulting services entered into without 
competition on the basis of an unsolicited proposal unless 
the head of the activity responsible for the procurement 
determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform 
the proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or 
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(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a 
new product or idea of a specific concern is given fi-
nancial support: Provided, That this limitation shall 
not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equip-
ment that is in development or production, or con-
tracts as to which a civilian official of the Depart-
ment of Defense, who has been confirmed by the 
Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 8039. (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 
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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; 
(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. 8040. (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— 
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(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 
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 
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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. 
(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-
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