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-
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-
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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 
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 
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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 
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. 
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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. 
(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 
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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-
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-
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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; 
(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 
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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 
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. 
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(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-
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— 
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100 
(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 
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 
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101 
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-
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 
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102 
under this subsection not less than 15 business days be-
fore the contract or subcontract addressed in the deter-
mination may be awarded. 
(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 
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103 
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-
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-
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104 
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. 
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. 
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105 
(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— 
(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.). 
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106 
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 
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 
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107 
(3) Agents of the Russian Federation have 
ceased taking active measures to destabilize the con-
trol of the Government of Ukraine over eastern 
Ukraine. 
(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) 
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