313 
(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), 
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of 
Representatives and the Senate that the granting of the 
waiver will reduce the personnel requirements or the finan-
cial 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 impro-
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats; 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of biomet-
ric activities and to integrate common biometric tech-
nologies 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. 8039. (a) None of the funds appropriated by this 
Act shall be available to convert to contractor performance 
an activity or function of the Department of Defense that,
314 
on or after the date of the enactment of this Act, is per-
formed by Department of Defense civilian employees un-
less— 
(1) the conversion is based on the result of a pub-
lic-private competition that includes a most efficient 
and cost effective organization plan developed by such 
activity or function; 
(2) the Competitive Sourcing Official determines 
that, over all performance periods stated in the solici-
tation of offers for performance of the activity or 
function, the cost of performance of the activity 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 advantage 
for a proposal that would reduce costs for the Depart-
ment of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers
315 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the premium 
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 notwith-
standing any administrative regulation, requirement, or 
policy to the contrary shall have full authority to enter into 
a contract for the performance of any commercial or indus-
trial 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
316 
(C) is planned to be converted to performance by 
a qualified firm under at least 51 percent ownership 
by an Indian tribe, as defined in section 4(e) of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga-
nization, as defined in section 8(a)(15) of the Small 
Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot contracts or 
contracts for depot maintenance as provided in sections 
2469 and 2474 of title 10, United States Code. 
(c) The conversion of any activity or function of the 
Department of Defense under the authority provided by this 
section shall be credited toward any competitive or out-
sourcing goal, target, or measurement that may be estab-
lished by statute, regulation, or policy and is deemed to 
be awarded under the authority of, and in compliance with, 
subsection (h) of section 2304 of title 10, United States 
Code, for the competition or outsourcing of commercial ac-
tivities. 
(RESCISSIONS) 
SEC. 8040. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: Provided, That no amounts may 
be rescinded from amounts that were designated by the Con-
317 
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 Budg-
et and Emergency Deficit Control Act of 1985, as amended: 
‘‘Aircraft 
Procurement, 
Army’’, 
2013/2015, 
$18,242,000; 
‘‘Weapons and Tracked Combat Vehicles, Army’’, 
2013/2015, $5,000,000; 
‘‘Other 
Procurement, 
Army’’, 
2013/2015, 
$97,000,000; 
‘‘Aircraft 
Procurement, 
Navy’’, 
2013/2015, 
$47,200,000; 
‘‘Procurement, 
Marine 
Corps’’, 
2013/2015, 
$40,217,000; 
‘‘Aircraft Procurement, Air Force’’, 2013/2015, 
$64,600,000; 
‘‘Missile Procurement, Air Force’’, 2013/2015, 
$13,800,000; 
‘‘Aircraft 
Procurement, 
Army’’, 
2014/2016, 
$30,000,000; 
‘‘Other 
Procurement, 
Army’’, 
2014/2016, 
$213,998,000; 
‘‘Aircraft 
Procurement, 
Navy’’, 
2014/2016, 
$196,622,000;
318 
‘‘Weapons 
Procurement, 
Navy’’, 
2014/2016, 
$63,400,000; 
‘‘Other 
Procurement, 
Navy’’, 
2014/2016, 
$1,505,000; 
‘‘Aircraft Procurement, Air Force’’, 2014/2016, 
$83,400,000; 
‘‘Missile Procurement, Air Force’’, 2014/2016, 
$157,209,000; 
‘‘Procurement, 
Defense-Wide’’, 
2014/2016, 
$12,100,000; 
‘‘Research, Development, Test and Evaluation 
Army’’, 2014/2015, $5,000,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force’’, 2014/2015, $37,000,000; and 
‘‘Research, Development, Test and Evaluation, 
Navy’’, 2014/2015, $141,727,000. 
SEC. 8041. None of the funds available in this Act may 
be used to reduce the authorized positions for military tech-
nicians (dual status) of the Army National Guard, Air Na-
tional Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military techni-
cians (dual status), unless such reductions are a direct re-
sult of a reduction in military force structure.
319 
SEC. 8042. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 8043. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel and 
training procedures. 
SEC. 8044. Of the amounts appropriated for ‘‘Working 
Capital Fund, Army’’, $225,000,000 shall be available to 
maintain competitive rates at the arsenals. 
SEC. 8045. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any
320 
other department or agency of the United States except as 
specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction or 
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8046. None of the funds appropriated by this Act 
may be used for the procurement of ball and roller bearings 
other than those produced by a domestic source and of do-
mestic origin: Provided, That the Secretary of the military 
department responsible for such procurement may waive 
this restriction on a case-by-case basis by certifying in writ-
ing 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: Provided further, That this restriction 
shall not apply to the purchase of ‘‘commercial items’’, as 
defined by section 4(12) of the Office of Federal Procure-
ment Policy Act, except that the restriction shall apply to 
ball or roller bearings purchased as end items. 
SEC. 8047. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act,
321 
$44,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the Sec-
retary of Defense that it shall serve the national interest, 
the Secretary shall make grants in the amounts specified 
as follows: $20,000,000 to the United Service Organizations 
and $24,000,000 to the Red Cross. 
SEC. 8048. None of the funds in this Act may be used 
to purchase any supercomputer which is not manufactured 
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for 
national security purposes that is not available from 
United States manufacturers. 
SEC. 8049. Notwithstanding any other provision in 
this Act, the Small Business Innovation Research program 
and the Small Business Technology Transfer program set- 
asides shall be taken proportionally from all programs, 
projects, or activities to the extent they contribute to the 
extramural budget. 
SEC. 8050. (a) Notwithstanding any other provision 
of law, none of the funds available to the Department of 
Defense for the current fiscal year and hereafter may be 
obligated or expended to transfer to another nation or an 
international organization any defense articles or services 
(other than intelligence services) for use in the activities de-
322 
scribed in subsection (b) unless the congressional defense 
committees, the Committee on Foreign Affairs of the House 
of Representatives, and the Committee on Foreign Relations 
of the Senate are notified 15 days in advance of such trans-
fer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter VI 
or chapter VII of the United Nations Charter under 
the authority of a United Nations Security Council 
resolution; and 
(2) any other international peacekeeping, peace- 
enforcement, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the fol-
lowing: 
(1) A description of the equipment, supplies, or 
services to be transferred. 
(2) A statement of the value of the equipment, 
supplies, or services to be transferred. 
(3) In the case of a proposed transfer of equip-
ment or supplies— 
(A) a statement of whether the inventory re-
quirements of all elements of the Armed Forces 
(including the reserve components) for the type
323 
of equipment or supplies to be transferred have 
been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to provide 
funds for such replacement. 
SEC. 8051. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the 
contractor to an employee when— 
(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the 
employee; and 
(2) such bonus is part of restructuring costs asso-
ciated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8052. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’ 
may be transferred to appropriations available for the pay 
of military personnel, to be merged with, and to be available 
for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in con-
nection with support and services for eligible organizations
324 
and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code. 
SEC. 8053. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or 
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of avail-
ability or closing of that account; 
(2) the obligation is not otherwise properly 
chargeable to any current appropriation account of 
the Department of Defense; and 
(3) in the case of an expired account, the obliga-
tion is not chargeable to a current appropriation of 
the Department of Defense under the provisions of sec-
tion 1405(b)(8) of the National Defense Authorization 
Act for Fiscal Year 1991, Public Law 101–510, as 
amended (31 U.S.C. 1551 note): Provided, That in 
the case of an expired account, if subsequent review
325 
or investigation discloses that there was not in fact a 
negative unliquidated or unexpended balance in the 
account, any charge to a current account under the 
authority of this section shall be reversed and re-
corded against the expired account: Provided further, 
That the total amount charged to a current appro-
priation under this section may not exceed an 
amount equal to 1 percent of the total appropriation 
for that account. 
SEC. 8054. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may permit 
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available, 
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such 
use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation. 
SEC. 8055. Using funds made available by this Act 
or any other Act, the Secretary of the Air Force, pursuant 
to a determination under section 2690 of title 10, United
326 
States Code, may implement cost-effective agreements for 
required 
heating 
facility 
modernization 
in 
the 
Kaiserslautern Military Community in the Federal Repub-
lic of Germany: Provided, That in the City of 
Kaiserslautern and at the Rhine Ordnance Barracks area, 
such agreements will include the use of United States an-
thracite as the base load energy for municipal district heat 
to the United States Defense installations: Provided further, 
That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from 
private, regional or municipal services, if provisions are in-
cluded for the consideration of United States coal as an en-
ergy source. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8056. Of the funds appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
wide’’, $25,000,000 shall be for continued implementation 
and expansion of the Sexual Assault Special Victims’ Coun-
sel Program, and $5,709,000 shall be for support of high 
priority Sexual Assault Prevention and Response Program 
requirements and activities, including the training and 
funding of personnel: Provided, That the funds are made 
available for transfer to the Department of the Army, the 
Department of the Navy, and the Department of the Air 
Force: Provided further, That funds transferred shall be
327 
merged with and available for the same purposes and for 
the same time period as the appropriations to which the 
funds are transferred: Provided further, That this transfer 
authority is in addition to any other transfer authority 
provided in this Act. 
SEC. 8057. None of the funds appropriated in title IV 
of this Act may be used to procure end-items for delivery 
to military forces for operational training, operational use 
or inventory requirements: Provided, That this restriction 
does not apply to end-items used in development, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion does not apply to programs funded within the National 
Intelligence Program: Provided further, That the Secretary 
of Defense may waive this restriction on a case-by-case basis 
by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate that 
it is in the national security interest to do so. 
SEC. 8058. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered into 
between the Department of Defense and the foreign country,
328 
or would invalidate reciprocal trade agreements for the pro-
curement of defense items entered into under section 2531 
of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items pro-
duced in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or 
after the date of the enactment of this Act; and 
(2) options for the procurement of items that are 
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
justed for any reason other than the application of a 
waiver granted under subsection (a). 
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by 
section 11 (chapters 50–65) of the Harmonized Tariff 
Schedule and products classified under headings 4010, 
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8059. (a) IN GENERAL.—(1) None of the funds 
made available by this Act may be used for any training, 
equipment, or other assistance for a unit of a foreign secu-
rity force if the Secretary of Defense has credible informa-
329 
tion that the unit has committed a gross violation of human 
rights. 
(2) The Secretary of Defense, in consultation 
with the Secretary of State, shall ensure that prior to 
a decision to provide any training, equipment, or 
other assistance to a unit of a foreign security force 
full consideration is given to any credible information 
available to the Department of State relating to 
human rights violations by such unit. 
(b) EXCEPTION.—The prohibition in subsection (a)(1) 
shall not apply if the Secretary of Defense, after consulta-
tion with the Secretary of State, determines that the govern-
ment of such country has taken all necessary corrective 
steps, or if the equipment or other assistance is necessary 
to assist in disaster relief operations or other humanitarian 
or national security emergencies. 
(c) WAIVER.—The Secretary of Defense, after consulta-
tion with the Secretary of State, may waive the prohibition 
in subsection (a)(1) if the Secretary of Defense determines 
that such waiver is required by extraordinary cir-
cumstances. 
(d) PROCEDURES.—The Secretary of Defense shall es-
tablish, and periodically update, procedures to ensure that 
any information in the possession of the Department of De-
fense about gross violations of human rights by units of for-
330 
eign security forces is shared on a timely basis with the 
Department of State. 
(e) REPORT.—Not more than 15 days after the appli-
cation of any exception under subsection (b) or the exercise 
of any waiver under subsection (c), the Secretary of Defense 
shall submit to the appropriate congressional committees a 
report— 
(1) in the case of an exception under subsection 
(b), providing notice of the use of the exception and 
stating the grounds for the exception; and 
(2) in the case of a waiver under subsection (c), 
describing the information relating to the gross viola-
tion of human rights; the extraordinary circumstances 
that necessitate the waiver; the purpose and duration 
of the training, equipment, or other assistance; and 
the United States forces and the foreign security force 
unit involved. 
(f) DEFINITION.—For purposes of this section the term 
‘‘appropriate congressional committees’’ means the congres-
sional defense committees and the Committees on Appro-
priations. 
SEC. 8060. None of the funds appropriated or other-
wise made available by this or other Department of Defense 
Appropriations Acts may be obligated or expended for the 
purpose of performing repairs or maintenance to military
331 
family housing units of the Department of Defense, includ-
ing areas in such military family housing units that may 
be used for the purpose of conducting official Department 
of Defense business. 
SEC. 8061. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’ 
for any new start advanced concept technology demonstra-
tion project or joint capability demonstration project may 
only be obligated 45 days after a report, including a de-
scription of the project, the planned acquisition and transi-
tion strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense com-
mittees: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying to the 
congressional defense committees that it is in the national 
interest to do so. 
SEC. 8062. The Secretary of Defense shall provide a 
classified quarterly report beginning 30 days after enact-
ment of this Act, to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain matters 
as directed in the classified annex accompanying this Act. 
SEC. 8063. During the current fiscal year and here-
after, none of the funds available to the Department of De-
fense may be used to provide support to another department
332 
or agency of the United States if such department or agency 
is more than 90 days in arrears in making payment to 
the Department of Defense for goods or services previously 
provided to such department or agency on a reimbursable 
basis: Provided, That this restriction shall not apply if the 
department is authorized by law to provide support to such 
department or agency on a nonreimbursable basis, and is 
providing the requested support pursuant to such authority: 
Provided further, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of 
Representatives and the Senate that it is in the national 
security interest to do so. 
SEC. 8064. Notwithstanding section 12310(b) of title 
10, United States Code, a member of the National Guard 
serving on full-time National Guard duty under section 
502(f) of title 32, United States Code, may perform duties 
in support of the ground-based elements of the National 
Ballistic Missile Defense System. 
SEC. 8065. None of the funds provided in this Act may 
be used to transfer to any nongovernmental entity ammuni-
tion held by the Department of Defense that has a center- 
fire cartridge and a United States military nomenclature 
designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 
‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
333 
cendiary tracer (API–T)’’, except to an entity performing 
demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to 
the satisfaction of the Department of Defense that armor 
piercing projectiles are either: (1) rendered incapable of 
reuse by the demilitarization process; or (2) used to manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for 
export pursuant to a License for Permanent Export of Un-
classified Military Articles issued by the Department of 
State. 
SEC. 8066. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under section 2667 
of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to 
any organization specified in section 508(d) of title 32, 
United States Code, or any other youth, social, or fraternal 
nonprofit organization as may be approved by the Chief 
of the National Guard Bureau, or his designee, on a case- 
by-case basis. 
SEC. 8067. In specifying the amounts requested for the 
Department of the Army for Arlington National Cemetery, 
Virginia, the budget of the President submitted to Congress
334 
shall request such amounts in the Cemeterial Expenses, 
Army appropriation, and shall not request such amounts 
in the Operation and Maintenance, Army appropriation. 
SEC. 8068. None of the funds appropriated by this Act 
shall be used for the support of any nonappropriated funds 
activity of the Department of Defense that procures malt 
beverages and wine with nonappropriated funds for resale 
(including such alcoholic beverages sold by the drink) on 
a military installation located in the United States unless 
such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within 
the District of Columbia, in which the military installation 
is located: Provided, That in a case in which the military 
installation is located in more than one State, purchases 
may be made in any State in which the installation is lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all 
alcoholic beverages only for military installations in States 
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, in contiguous States and the District of Columbia 
shall be procured from the most competitive source, price 
and other factors considered.
335 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$106,189,900 shall remain available until expended: Pro-
vided, That notwithstanding any other provision of law, the 
Secretary of Defense is authorized to transfer such funds 
to other activities of the Federal Government: Provided fur-
ther, That the Secretary of Defense is authorized to enter 
into and carry out contracts for the acquisition of real 
property, construction, personal services, and operations re-
lated to projects carrying out the purposes of this section: 
Provided further, That contracts entered into under the au-
thority of this section may provide for such indemnification 
as the Secretary determines to be necessary: Provided fur-
ther, That projects authorized by this section shall comply 
with applicable Federal, State, and local law to the max-
imum extent consistent with the national security, as deter-
mined by the Secretary of Defense. 
SEC. 8070. (a) None of the funds appropriated in this 
or any other Act may be used to take any action to mod-
ify— 
(1) the appropriations account structure for the 
National Intelligence Program budget, including 
through the creation of a new appropriation or new 
appropriation account;
336 
(2) how the National Intelligence Program budg-
et request is presented in the unclassified P–1, R–1, 
and O–1 documents supporting the Department of 
Defense budget request; 
(3) the process by which the National Intelligence 
Program appropriations are apportioned to the exe-
cuting agencies; or 
(4) the process by which the National Intelligence 
Program appropriations are allotted, obligated and 
disbursed. 
(b) Nothing in section (a) shall be construed to prohibit 
the merger of programs or changes to the National Intel-
ligence Program budget at or below the Expenditure Center 
level, provided such change is otherwise in accordance with 
paragraphs (a)(1)–(3). 
(c) The Director of National Intelligence and the Sec-
retary of Defense may jointly, only for the purposes of 
achieving auditable financial statements and improving fis-
cal reporting, study and develop detailed proposals for al-
ternative financial management processes. Such study shall 
include a comprehensive counterintelligence risk assessment 
to ensure that none of the alternative processes will ad-
versely affect counterintelligence.
337 
(d) Upon development of the detailed proposals defined 
under subsection (c), the Director of National Intelligence 
and the Secretary of Defense shall— 
(1) provide the proposed alternatives to all af-
fected agencies; 
(2) receive certification from all affected agencies 
attesting that the proposed alternatives will help 
achieve auditability, improve fiscal reporting, and 
will not adversely affect counterintelligence; and 
(3) not later than 30 days after receiving all nec-
essary certifications under paragraph (2), present the 
proposed alternatives and certifications to the con-
gressional defense and intelligence committees. 
(e) This section shall not be construed to alter or affect 
the application of section 1627 of the National Defense Au-
thorization Act for Fiscal Year 2015 to the amounts made 
available by this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8071. During the current fiscal year, not to ex-
ceed $200,000,000 from funds available under ‘‘Operation 
and Maintenance, Defense-Wide’’ may be transferred to the 
Department of State ‘‘Global Security Contingency Fund’’: 
Provided, That this transfer authority is in addition to any 
other transfer authority available to the Department of De-
fense: Provided further, That the Secretary of Defense shall,
338 
not fewer than 30 days prior to making transfers to the 
Department of State ‘‘Global Security Contingency Fund’’, 
notify the congressional defense committees in writing with 
the source of funds and a detailed justification, execution 
plan, and timeline for each proposed project. 
SEC. 8072. In addition to amounts provided elsewhere 
in this Act, $4,000,000 is hereby appropriated to the De-
partment of Defense, to remain available for obligation 
until expended: Provided, That notwithstanding any other 
provision of law, that upon the determination of the Sec-
retary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher 
House Foundation, Inc., only for the construction and fur-
nishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness 
or hospitalization of an eligible military beneficiary. 
SEC. 8073. The Secretary of Defense shall issue regula-
tions 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 com-
petitive price in the local community: Provided, That such 
regulations shall direct that the prices of tobacco or tobacco- 
related products in overseas military retail outlets shall be 
within the range of prices established for military retail 
system stores located in the United States.
339 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8074. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’, 
$619,814,000 shall be for the Israeli Cooperative Programs: 
Provided, That of this amount, $350,972,000 shall be for 
the Secretary of Defense to provide to the Government of 
Israel for the procurement of the Iron Dome defense system 
to counter short-range rocket threats, subject to the U.S.- 
Israel Iron Dome Procurement Agreement, as amended; 
$137,934,000 shall be for the Short Range Ballistic Missile 
Defense (SRBMD) program, including cruise missile de-
fense research and development under the SRBMD pro-
gram, of which $15,000,000 shall be for production activi-
ties of SRBMD missiles in the United States and in Israel 
to meet Israel’s defense requirements consistent with each 
nation’s laws, regulations, and procedures; $74,707,000 
shall be for an upper-tier component to the Israeli Missile 
Defense Architecture; and $56,201,000 shall be for the 
Arrow System Improvement Program including develop-
ment of a long range, ground and airborne, detection suite: 
Provided further, That funds made available under this 
provision for production of missiles and missile components 
may be transferred to appropriations available for the pro-
curement of weapons and equipment, to be merged with and
340 
to be available for the same time period and the same pur-
poses as the appropriation to which transferred: Provided 
further, That the transfer authority provided under this 
provision is in addition to any other transfer authority con-
tained in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8075. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$991,285,000 shall be available until September 30, 2015, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of the Navy 
shall transfer funds to the following appropriations in the 
amounts specified: Provided further, That the amounts 
transferred shall be merged with and be available for the 
same purposes as the appropriations to which transferred 
to: 
(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2008/2015: Carrier Replacement Pro-
gram $663,000,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2009/2015: LPD–17 Amphibious 
Transport Dock Program $54,096,000; 
(3) Under the heading ‘‘Shipbuilding and Con-
version, 
Navy’’, 
2010/2015: 
DDG–51 
Destroyer 
$65,771,000;
341 
(4) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2010/2015: Littoral Combat Ship 
$35,345,000; 
(5) Under the heading ‘‘Shipbuilding and Con-
version, 
Navy’’, 
2011/2015: 
DDG–51 
Destroyer 
$63,373,000; 
(6) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2011/2015: Littoral Combat Ship 
$41,700,000; 
(7) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2011/2015: Joint High Speed Vessel 
$9,340,000; 
(8) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2012/2015: CVN Refueling Overhauls 
Program $54,000,000; 
(9) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2012/2015: Joint High Speed Vessel 
$2,620,000; and 
(10) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2013/2015: Joint High Speed Vessel 
$2,040,000. 
SEC. 8076. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Secu-
342 
rity Act of 1947 (50 U.S.C. 3094) during fiscal year 2015 
until the enactment of the Intelligence Authorization Act 
for Fiscal Year 2015. 
SEC. 8077. None of the funds provided in this Act shall 
be available for obligation or expenditure through a re-
programming of funds that creates or initiates a new pro-
gram, project, or activity unless such program, project, or 
activity must be undertaken immediately in the interest of 
national security and only after written prior notification 
to the congressional defense committees. 
SEC. 8078. The budget of the President for fiscal year 
2016 submitted to the Congress pursuant to section 1105 
of title 31, United States Code, shall include separate budget 
justification documents for costs of United States Armed 
Forces’ participation in contingency operations for the 
Military Personnel accounts, the Operation and Mainte-
nance accounts, the Procurement accounts, and the Re-
search, Development, Test and Evaluation accounts: Pro-
vided, That these documents shall include a description of 
the funding requested for each contingency operation, for 
each military service, to include all Active and Reserve 
components, and for each appropriations account: Provided 
further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation 
of increases and decreases for each contingency operation,
343 
and programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and esti-
mates of the major weapons systems deployed in support 
of each contingency: Provided further, That these documents 
shall include budget exhibits OP–5 and OP–32 (as defined 
in the Department of Defense Financial Management Regu-
lation) for all contingency operations for the budget year 
and the two preceding fiscal years. 
SEC. 8079. None of the funds in this Act may be used 
for research, development, test, evaluation, procurement or 
deployment of nuclear armed interceptors of a missile de-
fense system. 
SEC. 8080. Notwithstanding any other provision of 
this Act, to reflect savings due to favorable foreign exchange 
rates, the total amount appropriated in this Act is hereby 
reduced by $386,268,000. 
SEC. 8081. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the lev-
els funded in this Act: Provided, That the Air Force shall 
allow the 53rd Weather Reconnaissance Squadron to per-
form other missions in support of national defense require-
ments during the non-hurricane season.
344 
SEC. 8082. None of the funds provided in this Act shall 
be available for integration of foreign intelligence informa-
tion unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intel-
ligence 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 implemented through Execu-
tive Order No. 12333. 
SEC. 8083. (a) At the time members of reserve compo-
nents of the Armed Forces are called or ordered to active 
duty under section 12302(a) of title 10, United States Code, 
each member shall be notified in writing of the expected 
period during which the member will be mobilized. 
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a na-
tional security emergency or to meet dire operational re-
quirements of the Armed Forces. 
SEC. 8084. Of the amounts appropriated for ‘‘Missile 
Procurement, Air Force’’, $125,000,000 shall be available 
for the acceleration of a competitively awarded Evolved Ex-
pendable Launch Vehicle mission: Provided, That competi-
tions shall be open to all certified providers of Evolved Ex-
pendable Launch Vehicle-class systems: Provided further,
345 
That competitions shall consider bids from two or more cer-
tified providers: Provided further, That notwithstanding 
any other provision of law, such providers may compete 
any certified launch vehicle in their inventory. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8085. The Secretary of Defense may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate adjust-
ments for any ship construction program appropriated in 
law: Provided, That the Secretary may transfer not to ex-
ceed $16,000,000 under the authority provided by this sec-
tion: Provided further, That the Secretary may not transfer 
any funds until 30 days after the proposed transfer has been 
reported to the Committees on Appropriations of the House 
of Representatives and the Senate, unless a response from 
the Committees is received sooner: Provided further, That 
any funds transferred pursuant to this section shall retain 
the same period of availability as when originally appro-
priated: Provided further, That the transfer authority pro-
vided by this section is in addition to any other transfer 
authority contained elsewhere in this Act. 
SEC. 8086. (a) None of the funds appropriated by this 
Act may be used to transfer research and development, ac-
346 
quisition, 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 Aerial 
Vehicle (UAV) in order to support the Secretary of Defense 
in matters relating to the employment of unmanned aerial 
vehicles. 
SEC. 8087. Up to $15,000,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Regional 
Initiative Program for the purpose of enabling the Pacific 
Command to execute Theater Security Cooperation activi-
ties such as humanitarian assistance, and payment of in-
cremental and personnel costs of training and exercising 
with foreign security forces: Provided, That funds made 
available for this purpose may be used, notwithstanding 
any other funding authorities for humanitarian assistance, 
security assistance or combined exercise expenses: Provided 
further, That funds may not be obligated to provide assist-
ance to any foreign country that is otherwise prohibited 
from receiving such type of assistance under any other pro-
vision of law. 
SEC. 8088. None of the funds appropriated by this Act 
for programs of the Office of the Director of National Intel-
ligence shall remain available for obligation beyond the cur-
347 
rent fiscal year, except for funds appropriated for research 
and technology, which shall remain available until Sep-
tember 30, 2016. 
SEC. 8089. For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8090. (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 
2015: Provided, That the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget request, 
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 appropria-
tion by Expenditure Center and project; and
348 
(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 cer-
tifies in writing to the congressional intelligence committees 
that such reprogramming or transfer is necessary as an 
emergency requirement. 
SEC. 8091. 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 notifica-
tion to the congressional defense committees. 
SEC. 8092. None of the funds made available by this 
Act for excess defense articles, assistance under section 1206 
of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3456), or peace-
keeping operations for the countries designated annually to 
be in violation of the standards of the Child Soldiers Pre-
vention Act of 2008 may be used to support any military 
training or operation that includes child soldiers, as defined 
by the Child Soldiers Prevention Act of 2008 (Public Law
349 
110–457; 22 U.S.C. 2370c–1), unless such assistance is oth-
erwise permitted under section 404 of the Child Soldiers 
Prevention Act of 2008. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8093. Of the funds appropriated in the Intel-
ligence Community Management Account for the Program 
Manager for the Information Sharing Environment, 
$20,000,000 is available for transfer by the Director of Na-
tional Intelligence to other departments and agencies for 
purposes of Government-wide information sharing activi-
ties: Provided, That funds transferred under this provision 
are to be merged with and available for the same purposes 
and time period as the appropriation to which transferred: 
Provided further, That the Office of Management and Budg-
et must approve any transfers made under this provision. 
SEC. 8094. (a) None of the funds provided for the Na-
tional Intelligence Program in this or any prior appropria-
tions Act shall be available for obligation or expenditure 
through a reprogramming or transfer of funds in accord-
ance 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;
350 
(3) transfers funding into or out of the National 
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 se-
curity 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 sec-
tion 102A(d) or 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 accom-
panying the Act unless the congressional intelligence com-
mittees are notified 30 days in advance of such reprogram-
ming of funds; this notification period may be reduced for 
urgent national security requirements. 
SEC. 8095. The Director of National Intelligence shall 
submit to Congress each year, at or about the time that 
the President’s budget is submitted to Congress that year 
under section 1105(a) of title 31, United States Code, a fu-
ture-years intelligence program (including associated an-
nexes) reflecting the estimated expenditures and proposed 
appropriations included in that budget. Any such future-
351 
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. 8096. For the purposes of this Act, the term ‘‘con-
gressional intelligence committees’’ means the Permanent 
Select Committee on Intelligence of the House of Represent-
atives, the Select Committee on Intelligence of the Senate, 
the Subcommittee on Defense of the Committee on Appro-
priations of the House of Representatives, and the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate. 
SEC. 8097. The Department of Defense shall continue 
to report incremental contingency operations costs for Oper-
ation Inherent Resolve, Operation Enduring Freedom, and 
any named successor operations, on a monthly basis and 
any other operation designated and identified by the Sec-
retary of Defense for the purposes of section 127a of title 
10, United States Code, on a semi-annual basis in the Cost 
of War Execution Report as prescribed in the Department 
of Defense Financial Management Regulation Department 
of Defense Instruction 7000.14, Volume 12, Chapter 23 
‘‘Contingency Operations’’, Annex 1, dated September 2005. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8098. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made in
352 
title II of this Act for ‘‘Operation and Maintenance, Army’’, 
‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and 
Maintenance, Air Force’’ may be transferred by the mili-
tary department concerned to its central fund established 
for Fisher Houses and Suites pursuant to section 2493(d) 
of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8099. Funds appropriated by this Act for oper-
ation and maintenance may be available for the purpose 
of making remittances and transfer to the Defense Acquisi-
tion Workforce Development Fund in accordance with sec-
tion 1705 of title 10, United States Code. 
SEC. 8100. (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 agency 
that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises 
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
353 
requesting Committee or Committees of Congress for no less 
than 45 days. 
SEC. 8101. (a) None of the funds appropriated or oth-
erwise made available by this Act may be expended for any 
Federal contract for an amount in excess of $1,000,000, un-
less the contractor agrees not to— 
(1) enter into any agreement with any of its em-
ployees or independent contractors that requires, as a 
condition of employment, that the employee or inde-
pendent contractor agree to 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 sexual 
assault or harassment, including assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion; 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 arbitration 
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 assault and battery, 
intentional infliction of emotional distress, false im-
354 
prisonment, or negligent hiring, supervision, or reten-
tion. 
(b) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal con-
tract unless the contractor certifies that it requires each cov-
ered subcontractor to agree not to enter into, and not to 
take any action to enforce any provision of, any agreement 
as described in paragraphs (1) and (2) of subsection (a), 
with respect to any employee or independent contractor per-
forming work related to such subcontract. For purposes of 
this subsection, a ‘‘covered subcontractor’’ is an entity that 
has a subcontract in excess of $1,000,000 on a contract sub-
ject 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 en-
forced 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-
355 
tion shall set forth with specificity the grounds for the waiv-
er 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 Sec-
retary of Defense shall transmit to Congress, and simulta-
neously make public, any determination under this sub-
section not less than 15 business days before the contract 
or subcontract addressed in the determination may be 
awarded. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8102. From within the funds appropriated for 
operation and maintenance for the Defense Health Program 
in this Act, up to $146,857,000, shall be available for trans-
fer to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund in ac-
cordance 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 operations of the integrated 
Captain James A. Lovell Federal Health Care Center, con-
sisting of the North Chicago Veterans Affairs Medical Cen-
ter, the Navy Ambulatory Care Center, and supporting fa-
cilities designated as a combined Federal medical facility 
as described by section 706 of Public Law 110–417: Pro-
356 
vided further, That additional funds may be transferred 
from funds appropriated for operation and maintenance for 
the Defense Health Program to the Joint Department of De-
fense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Sec-
retary of Defense to the Committees on Appropriations of 
the House of Representatives and the Senate. 
SEC. 8103. The Office of the Director of National Intel-
ligence shall not employ more Senior Executive employees 
than are specified in the classified annex. 
SEC. 8104. None of the funds appropriated or other-
wise made available by this Act and hereafter may be obli-
gated or expended to pay a retired general or flag officer 
to serve as a senior mentor advising the Department of De-
fense unless such retired officer files a Standard Form 278 
(or successor form concerning public financial disclosure 
under part 2634 of title 5, Code of Federal Regulations) 
to the Office of Government Ethics. 
SEC. 8105. 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 personnel 
or for force protection purposes up to a limit of $250,000 
per vehicle, notwithstanding price or other limitations ap-
plicable to the purchase of passenger carrying vehicles.
357 
SEC. 8106. None of the funds appropriated or other-
wise made available by this Act or any other Act may be 
used by the Department of Defense or a component thereof 
in contravention of section 1243 of the National Defense 
Authorization Act for Fiscal Year 2015, relating to limita-
tions on providing certain missile defense information to 
the Russian Federation. 
SEC. 8107. None of the funds made available by this 
Act may be used by the Secretary of Defense to take bene-
ficial occupancy of more than 3,000 parking spaces (other 
than handicap-reserved spaces) to be provided by the BRAC 
133 project: Provided, That this limitation may be waived 
in part if: (1) the Secretary of Defense certifies to Congress 
that levels of service at existing intersections in the vicinity 
of the project have not experienced failing levels of service 
as defined by the Transportation Research Board Highway 
Capacity Manual over a consecutive 90-day period; (2) the 
Department of Defense and the Virginia Department of 
Transportation agree on the number of additional parking 
spaces that may be made available to employees of the facil-
ity subject to continued 90-day traffic monitoring; and (3) 
the Secretary of Defense notifies the congressional defense 
committees in writing at least 14 days prior to exercising 
this waiver of the number of additional parking spaces to 
be made available.
358 
SEC. 8108. The Secretary of Defense shall report quar-
terly the numbers of civilian personnel end strength by ap-
propriation account for each and every appropriation ac-
count used to finance Federal civilian personnel salaries to 
the congressional defense committees within 15 days after 
the end of each fiscal quarter. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8109. 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 $2,000,000,000 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 require-
ments, than those for which originally appropriated and 
in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That a 
request for multiple reprogrammings of funds using author-
ity provided in this section shall be made prior to June 
30, 2015. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8110. There is appropriated $540,000,000 for the 
‘‘Ship Modernization, Operations and Sustainment Fund’’, 
to remain available until September 30, 2021: Provided,
359 
That the Secretary of the Navy shall transfer funds from 
the ‘‘Ship Modernization, Operations and Sustainment 
Fund’’ to appropriations for operation and maintenance; 
research, development, test and evaluation; and procure-
ment, only for the purposes of operating, sustaining, equip-
ping and modernizing the Ticonderoga-class guided missile 
cruisers CG–63, CG–64, CG–65, CG–66, CG–67, CG–68, 
CG–69, CG–70, CG–71, CG–72, CG–73, and the Whidbey 
Island-class dock landing ships LSD–41, LSD–42, and 
LSD–46: Provided further, That funds transferred shall be 
merged with and be available for the same purposes and 
for the same time period as the appropriation to which they 
are transferred: Provided further, That the transfer author-
ity provided herein shall be in addition to any other trans-
fer authority available to the Department of Defense: Pro-
vided further, That the Secretary of the Navy shall, not less 
than 30 days prior to making any transfer from the ‘‘Ship 
Modernization, Operations and Sustainment Fund’’, notify 
the congressional defense committees in writing of the de-
tails of such transfer: Provided further, That the Secretary 
of the Navy shall transfer and obligate funds from the ‘‘Ship 
Modernization, Operations and Sustainment Fund’’ for 
modernization of not more than two Ticonderoga-class 
guided missile cruisers as detailed above in fiscal year 2015: 
Provided further, That no more than six Ticonderoga-class
360 
guided missile cruisers shall be in a phased modernization 
at any time: Provided further, That the Secretary of the 
Navy shall contract for the required modernization equip-
ment in the year prior to inducting a Ticonderoga-class 
cruiser for modernization: Provided further, That the prohi-
bition in section 2244a(a) of title 10, United States Code, 
shall not apply to the use of any funds transferred pursuant 
to this section. 
SEC. 8111. None of the funds appropriated in this Act 
may be obligated or expended by the Secretary of a military 
department in contravention of the provisions of section 352 
of the National Defense Authorization Act for Fiscal Year 
2014 to adopt any new camouflage pattern design or uni-
form fabric for any combat or camouflage utility uniform 
or family of uniforms for use by an Armed Force. 
SEC. 8112. 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 
the United States Naval Station, Guanta´namo Bay, 
Cuba, by the Department of Defense.
362 
or any other foreign entity except in accordance with sec-
tion 1035 of the National Defense Authorization Act for Fis-
cal Year 2014. 
SEC. 8115. None of the funds made available by this 
Act may be used in contravention of section 1590 or 1591 
of title 18, United States Code, or in contravention of the 
requirements of section 106(g) or (h) of the Trafficking Vic-
tims Protection Act of 2000 (22 U.S.C. 7104(g) or (h)). 
SEC. 8116. None of the funds made available by this 
Act may be used in contravention of the War Powers Reso-
lution (50 U.S.C. 1541 et seq.). 
SEC. 8117. None of the funds made available by this 
Act may be used by the Department of Defense or any other 
Federal agency to lease or purchase new light duty vehicles, 
for any executive fleet, or for an agency’s fleet inventory, 
except in accordance with Presidential Memorandum-Fed-
eral Fleet Performance, dated May 24, 2011. 
SEC. 8118. (a) None of the funds appropriated or oth-
erwise 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 guar-
antee 
to 
Rosoboronexport 
or 
any 
subsidiary 
of 
Rosoboronexport.
363 
(b) The Secretary of Defense may waive the limitation 
in subsection (a) if the Secretary, in consultation with the 
Secretary of State and the Director of National Intelligence, 
determines that it is in the vital national security interest 
of the United States to do so, and certifies in writing to 
the congressional defense committees that, to the best of the 
Secretary’s knowledge: 
(1) Rosoboronexport has ceased the transfer of le-
thal 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 agreements 
in force between the Government of the Russian Fed-
eration and the Government of Ukraine; and 
(3) Agents of the Russian Federation have ceased 
taking active measures to destabilize the control of the 
Government of Ukraine over eastern Ukraine. 
(c) The Inspector General of the Department of Defense 
shall 
conduct 
a 
review 
of 
any 
action 
involving 
Rosoboronexport with respect to a waiver issued by the Sec-
retary 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 General shall sub-
364 
mit to the congressional defense committees a report con-
taining the results of the review conducted with respect to 
such waiver. 
SEC. 8119. 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. 8120. None of the funds appropriated in this or 
any other Act may be obligated or expended by the United 
States Government for the direct personal benefit of the 
President of Afghanistan. 
SEC. 8121. (a) Of the funds appropriated in this Act 
for the Department of Defense, amounts may be made avail-
able, under such regulations as the Secretary may prescribe, 
to local military commanders appointed by the Secretary 
of Defense, or by an officer or employee designated by the 
Secretary, to provide at their discretion ex gratia payments 
in amounts consistent with subsection (d) of this section 
for damage, personal injury, or death that is incident to 
combat operations of the Armed Forces in a foreign country. 
(b) An ex gratia payment under this section may be 
provided only if—
365 
(1) the prospective foreign civilian recipient is 
determined by the local military commander to be 
friendly to the United States; 
(2) a claim for damages would not be compen-
sable under chapter 163 of title 10, United States 
Code (commonly known as the ‘‘Foreign Claims 
Act’’); and 
(3) the property damage, personal injury, or 
death was not caused by action by an enemy. 
(c) NATURE OF PAYMENTS.—Any payments provided 
under a program under subsection (a) shall not be consid-
ered an admission or acknowledgement of any legal obliga-
tion to compensate for any damage, personal injury, or 
death. 
(d) AMOUNT OF PAYMENTS.—If the Secretary of De-
fense determines a program under subsection (a) to be ap-
propriate in a particular setting, the amounts of payments, 
if any, to be provided to civilians determined to have suf-
fered harm incident to combat operations of the Armed 
Forces under the program should be determined pursuant 
to regulations prescribed by the Secretary and based on an 
assessment, which should include such factors as cultural 
appropriateness and prevailing economic conditions. 
(e) LEGAL ADVICE.—Local military commanders shall 
receive legal advice before making ex gratia payments under
366 
this subsection. The legal advisor, under regulations of the 
Department of Defense, shall advise on whether an ex gratia 
payment is proper under this section and applicable De-
partment of Defense regulations. 
(f) WRITTEN RECORD.—A written record of any ex 
gratia payment offered or denied shall be kept by the local 
commander and on a timely basis submitted to the appro-
priate office in the Department of Defense as determined 
by the Secretary of Defense. 
(g) REPORT.—The Secretary of Defense shall report to 
the congressional defense committees on an annual basis the 
efficacy of the ex gratia payment program including the 
number of types of cases considered, amounts offered, the 
response from ex gratia payment recipients, and any rec-
ommended modifications to the program. 
(h) LIMITATION.—Nothing in this section shall be 
deemed to provide any new authority to the Secretary of 
Defense. 
SEC. 8122. None of the funds available in this Act to 
the Department of Defense, other than appropriations made 
for necessary or routine refurbishments, upgrades or main-
tenance activities, shall be used to reduce or to prepare to 
reduce the number of deployed and non-deployed strategic 
delivery vehicles and launchers below the levels set forth in 
the report submitted to Congress in accordance with section
367 
1042 of the National Defense Authorization Act for Fiscal 
Year 2012. 
SEC. 8123. The Secretary of Defense shall post grant 
awards on a public Web site in a searchable format. 
SEC. 8124. None of the funds made available by this 
Act may be used to cancel the avionics modernization pro-
gram of record for C–130 aircraft: Provided, That the Sec-
retary of the Air Force may proceed with a reduced scope 
program to address safety and airspace compliance require-
ments, using funds provided in this bill and previous funds 
appropriated for the avionics modernization program of 
record, consistent with the National Defense Authorization 
Act for Fiscal Year 2015. 
SEC. 8125. None of the funds made available by this 
Act may be used by the Secretary of the Air Force to reduce 
the force structure at Lajes Field, Azores, Portugal, below 
the force structure at such Air Force Base as of October 
1, 2013, except in accordance with section 1063 of the Na-
tional Defense Authorization Act for Fiscal Year 2015. 
SEC. 8126. None of the Operation and Maintenance 
funds made available in this Act may be used in contraven-
tion of section 41106 of title 49, United States Code. 
SEC. 8127. None of the funds made available by this 
Act may be used to fund the performance of a flight dem-
onstration team at a location outside of the United States:
368 
Provided, That this prohibition applies only if a perform-
ance of a flight demonstration team at a location within 
the United States was canceled during the current fiscal 
year due to insufficient funding. 
SEC. 8128. None of the funds made available by this 
Act may be used by the National Security Agency to— 
(1) conduct an acquisition pursuant to section 
702 of the Foreign Intelligence Surveillance Act of 
1978 for the purpose of targeting a United States per-
son; or 
(2) acquire, monitor, or store the contents (as 
such term is defined in section 2510(8) of title 18, 
United States Code) of any electronic communication 
of a United States person from a provider of elec-
tronic communication services to the public pursuant 
to section 501 of the Foreign Intelligence Surveillance 
Act of 1978. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8129. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Navy’’, up to $1,000,000 shall be 
available for transfer to the John C. Stennis Center for Pub-
lic Service Development Trust Fund established under sec-
tion 116 of the John C. Stennis Center for Public Service 
Training and Development Act (2 U.S.C. 1105).
369 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8130. In addition to amounts provided elsewhere 
in this Act for basic allowance for housing for military per-
sonnel, including active duty, reserve and National Guard 
personnel, $88,000,000 is hereby appropriated to the De-
partment of Defense and made available for transfer only 
to military personnel accounts: Provided, That the transfer 
authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act. 
SEC. 8131. None of the funds made available by this 
Act may be obligated or expended to divest E–3 airborne 
warning and control system aircraft, or disestablish any 
units of the active or reserve component associated with 
such aircraft: Provided, That not later than 90 days fol-
lowing the date of enactment of this Act, the Secretary of 
the Air Force shall submit to the congressional defense com-
mittees a report providing a detailed explanation of how 
the Secretary will meet the priority requirements of the 
commanders of the combatant commands related to air-
borne warning and control with a fleet of fewer than 31 
E–3 aircraft. 
SEC. 8132. None of the funds made available by this 
Act may be obligated or expended to implement the Arms 
Trade Treaty until the Senate approves a resolution of rati-
fication for the Treaty.
370 
SEC. 8133. None of the funds made available by this 
Act may be used to transfer or divest AH–64 Apache heli-
copters from the Army National Guard to the active Army 
in fiscal year 2015: Provided, That the Secretary of the 
Army shall ensure the continuing readiness of the AH–64 
Apache aircraft and ensure the training of the crews of such 
aircraft during fiscal year 2015, including the allocation 
of funds for operation and maintenance and personnel con-
nected with such aircraft: Provided further, That this sec-
tion shall continue in effect through the date of enactment 
of the National Defense Authorization Act for Fiscal Year 
2015. 
SEC. 8134. None of the funds made available in this 
Act may be obligated for activities authorized under section 
1208 of the Ronald W. Reagan National Defense Authoriza-
tion Act for Fiscal Year 2005 (Public Law 112–81; 125 
Stat. 1621) to initiate support for, or expand support to, 
foreign forces, irregular forces, groups, or individuals unless 
the congressional defense committees are notified in accord-
ance with the direction contained in the classified annex 
accompanying this Act, not less than 15 days before initi-
ating such support: Provided, That none of the funds made 
available in this Act may be used under such section 1208 
for any activity that is not in support of an ongoing mili-
tary operation being conducted by United States Special