165 
State antitrust statutes relating to the submission of 
offers; or commission of embezzlement, theft, for-
gery, bribery, falsification or destruction of records, 
making false statements, tax evasion, violating Fed-
eral criminal tax laws, or receiving stolen property; 
(2) are presently indicted for, or otherwise 
criminally or civilly charged by a governmental enti-
ty with, commission of any of the offenses enumer-
ated in paragraph (1); or 
(3) within a 3-year period preceding this offer, 
has been notified of any delinquent Federal taxes in 
an amount that exceeds $3,000 for which the liabil-
ity remains unsatisfied. 
SEC. 10012. None of the funds made available by this 
Act may be used for Government Travel Charge Card ex-
penses by military or civilian personnel of the Department 
of Defense for gaming, or for entertainment that includes 
topless or nude entertainers or participants, as prohibited 
by Department of Defense FMR, Volume 9, Chapter 3 
and Department of Defense Instruction 1015.10 (enclo-
sure 3, 14a and 14b). 
SEC. 10013. None of the funds made available by this 
Act may be used to carry out any of the following: 
(1) Section 2(b), 2(d), 2(g), 3(c), 3(e), 3(f), or 
3(g) of Executive Order No. 13423.
166 
(2) Section 2(a), 2(b), 2(c), 2(f)(iii–iv), 2(h), 7, 
9, 12, 13, or 16 of Executive Order No. 13514. 
(3) Section (3)(b), 3(c), 3(d), 3(e), 3(g), 7, 8, 
9, 11, 12, 13, 14, or 15 of Executive Order No. 
13963. 
(4) Subsection (c)(4), (c)(9), (c)(10), (c)(12), 
or (e) of section 2911 of title 10, United States 
Code. 
(5) Section 400AA or 400FF of the Energy 
Policy and Conservation Act (42 U.S.C. 6374, 
6374e). 
(6) Section 303 of the Energy Policy Act of 
1992 (42 U.S.C. 13212). 
(7) Section 203 of the Energy Policy Act of 
2005 (42 U.S.C. 15852). 
SEC. 10014. None of the funds made available by this 
Act may be used in contravention of the authority of the 
President pursuant to Article II, section 2 of the Constitu-
tion. 
SEC. 10015. None of the funds made available by this 
Act may be used to propose, plan for, or execute a new 
or additional Base Realignment and Closure (BRAC) 
round.
167 
SEC. 10016. None of the funds made available by this 
Act may be used to retire conventionally armed air 
launched cruise missiles (AGM–86 C/D). 
SEC. 10017. Notwithstanding sections 8005 and 
9003, of the unobligated funds authorized to be appro-
priated in fiscal year 2016 and made available in this Act, 
$3,500,000,000 is available to transfer to the National 
Sea-Based Deterrence Fund established by section 2218a 
of title 10, United States Code, as authorized by sub-
section (b) of section 1022 of Public Law 113–291. 
SEC. 10018. (a) Except as provided in subsection (b), 
none of the funds made available by this Act may be used 
by an officer or employee of the United States to query 
a collection of foreign intelligence information acquired 
under section 702 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881a) using a United States per-
son identifier. 
(b) Subsection (a) shall not apply to queries for for-
eign intelligence information authorized under section 
105, 304, 703, 704, or 705 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1805, 1842, 1881b, 
1881c, and 1881d), or title 18, United States Code, re-
gardless of under what Foreign Intelligence Surveillance 
Act authority it was collected.
168 
(c) Except as provided for in subsection (d), none of 
the funds made available by this Act may be used by the 
National Security Agency or the Central Intelligence 
Agency to mandate or request that a person (as defined 
in section 101(m) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801(m))) alter its product or 
service to permit the electronic surveillance (as defined in 
section 101(f) of such Act (50 U.S.C. 1801(f))) of any 
user of such product or service for such agencies. 
(d) Subsection (c) shall not apply with respect to 
mandates or requests authorized under the Communica-
tions Assistance for Law Enforcement Act (47 U.S.C. 
1001 et seq.). 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2016’’. 
Passed the House of Representatives June 11, 2015. 
Attest: 
Clerk.
114TH CONGRESS 
1ST SESSION 
H. R. 2685 
AN ACT 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2016, and for other purposes.