138 
intelligence, air sovereignty, combined arms, logistics and 
maintenance, and to manage and integrate defense-related 
institutions: Provided further, That not later than 30 days 
following the enactment of this Act, the Secretary of De-
fense and the Secretary of State shall submit to the con-
gressional defense committees a plan for transitioning any 
such training activities that they determine are needed 
after the end of fiscal year 2015, to existing or new con-
tracts for the sale of defense articles or defense services 
consistent with the provisions of the Arms Export Control 
Act (22 U.S.C. 2751 et seq.): Provided further, That not 
less than 15 days before making funds available pursuant 
to the authority provided in this section, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a written notification containing a detailed justifica-
tion and timeline for the operations and activities of the 
Office of Security Cooperation in Iraq at each site where 
such operations and activities will be conducted during fis-
cal year 2015. 
SEC. 9012. (a) None of the funds appropriated or 
otherwise made available by this Act under the heading 
‘‘Operation and Maintenance’’ for payments under section 
1233 of Public Law 110–181 for reimbursement to the 
Government of Pakistan may be made available unless the 
Secretary of Defense, in coordination with the Secretary
139 
of State, certifies to the Committees on Appropriations 
that the Government of Pakistan is— 
(1) cooperating with the United States in 
counterterrorism efforts against the Haqqani Net-
work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 
Jaish-e-Mohammed, Al Qaeda, and other domestic 
and foreign terrorist organizations, including taking 
steps to end support for such groups and prevent 
them from basing and operating in Pakistan and 
carrying out cross border attacks into neighboring 
countries; 
(2) not supporting terrorist activities against 
United States or coalition forces in Afghanistan, and 
Pakistan’s military and intelligence agencies are not 
intervening extra-judicially into political and judicial 
processes in Pakistan; 
(3) dismantling improvised explosive device 
(IED) networks and interdicting precursor chemicals 
used in the manufacture of IEDs; 
(4) preventing the proliferation of nuclear-re-
lated material and expertise; 
(5) implementing policies to protect judicial 
independence and due process of law;
140 
(6) issuing visas in a timely manner for United 
States visitors engaged in counterterrorism efforts 
and assistance programs in Pakistan; and 
(7) providing humanitarian organizations access 
to detainees, internally displaced persons, and other 
Pakistani civilians affected by the conflict. 
(b) The Secretary of Defense, in coordination with 
the Secretary of State, may waive the restriction in para-
graph (a) on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate that it is in the national secu-
rity interest to do so: Provided, That if the Secretary of 
Defense, in coordination with the Secretary of State, exer-
cises the authority of the previous proviso, the Secretaries 
shall report to the Committees on Appropriations on both 
the justification for the waiver and on the requirements 
of this section that the Government of Pakistan was not 
able to meet: Provided further, That such report may be 
submitted in classified form if necessary. 
SEC. 9013. None of the funds made available by this 
Act may be used with respect to Syria in contravention 
of the War Powers Resolution (50 U.S.C. 1541 et seq.), 
including for the introduction of United States armed or 
military forces into hostilities in Syria, into situations in 
Syria where imminent involvement in hostilities is clearly
141 
indicated by the circumstances, or into Syrian territory, 
airspace, or waters while equipped for combat, in con-
travention of the congressional consultation and reporting 
requirements of sections 3 and 4 of that law (50 U.S.C. 
1542 and 1543). 
SEC. 9014. None of the funds made available by this 
Act for the ‘‘Afghanistan Infrastructure Fund’’ may be 
used to plan, develop, or construct any project for which 
construction has not commenced before the date of the 
enactment of this Act. 
SEC. 9015. No more than 15 percent of the funds 
made available in Title IX may be obligated, until the Sec-
retary of Defense provides the congressional defense and 
intelligence committees with a detailed spend plan for the 
funds provided, including an assurance that no funds will 
be used in contravention of section 1035 of the National 
Defense Authorization Act for Fiscal Year 2014. 
TITLE X—ADDITIONAL GENERAL PROVISIONS 
SPENDING REDUCTION ACCOUNT 
SEC. 10001. The amount by which the applicable al-
location of new budget authority made by the Committee 
on Appropriations of the House of Representatives under 
section 302(b) of the Congressional Budget Act of 1974 
exceeds the amount of proposed new budget authority is 
$0.
142 
SEC. 10002. None of the funds made available by this 
Act may be used to enter into a contract with any offeror 
or any of its principals if the offeror certifies, pursuant 
to the Federal Acquisition Regulation, that the offeror or 
any of its principals— 
(1) within a 3-year period preceding this offer 
has been convicted of or had a civil judgment ren-
dered against it for commission of fraud or a crimi-
nal offense in connection with obtaining, attempting 
to obtain, or performing a public (Federal, State, or 
local) contract or subcontract; violation of Federal or 
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; 
or 
(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.
143 
SEC. 10003. None of the funds made available by this 
Act may be used for the ‘‘Afghanistan Infrastructure 
Fund’’. 
SEC. 10004. None of the funds made available by this 
Act may be used to transfer or release to the Republic 
of Yemen (or any entity within Yemen) a detainee who 
is or was held, detained, or otherwise in the custody of 
the Department of Defense on or after June 24, 2009, 
at the United States Naval Station, Guantanamo Bay, 
Cuba. 
SEC. 10005. None of the funds appropriated or other-
wise made available by this Act may be used to retire, 
divest, or transfer, or to prepare or plan for the retire-
ment, divestment, or transfer of, the entire KC–10 fleet 
during fiscal year 2015. 
SEC. 10006. None of the funds made available by this 
Act may be used to promulgate Directive 293, issued De-
cember 16, 2010, by the Office of Federal Contract Com-
pliance Programs. 
SEC. 10007. None of the funds made available by this 
Act may be used to enter into any contract with an incor-
porated entity if such entity’s sealed bid or competitive 
proposal shows that such entity is incorporated or char-
tered in Bermuda or the Cayman Islands, and such enti-
144 
ty’s sealed bid or competitive proposal shows that such 
entity was previously incorporated in the United States. 
SEC. 10008. None of the funds made available by this 
Act may be used to appoint chaplains for the military de-
partments in contravention of Department of Defense In-
struction 1304.28, dated June 11, 2004, incorporating 
change 3, dated March 20, 2014, regarding the appoint-
ment of chaplains for the military departments. 
SEC. 10009. None of the funds made available by this 
Act may be used to enforce section 526 of the Energy 
Independence and Security Act of 2007 (Public Law 110– 
140; 42 U.S.C. 17142). 
SEC. 10010. None of the funds made available by this 
Act may be obligated or expended to transfer man-port-
able air defense systems (MANPADS) to any entity in 
Syria. 
SEC. 10011. None of the funds made available by this 
Act may be used to design, implement, administer, or 
carry out the U.S. Global Climate Research Program Na-
tional Climate Assessment, the Intergovernmental Panel 
on Climate Change’s Fifth Assessment Report, the United 
Nations’ Agenda 21 sustainable development plan, or the 
May 2013 Technical Update of the Social Cost of Carbon 
for Regulatory Impact Analysis Under Executive Order 
No. 12866.
145 
SEC. 10012. None of the funds made available by this 
Act may be used with respect to Iraq in contravention of 
the War Powers Resolution (50 U.S.C. 1541 et seq.), in-
cluding for the introduction of United States armed forces 
into hostilities in Iraq, into situations in Iraq where immi-
nent involvement in hostilities is clearly indicated by the 
circumstances, or into Iraqi territory, airspace, or waters 
while equipped for combat, in contravention of the con-
gressional consultation and reporting requirements of sec-
tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 
1543). 
SEC. 10013. None of the funds made available by this 
Act may be used to plan for or carry out a furlough of 
a dual status military technician (as defined in section 
10216 of title 10, United States Code). 
SEC. 10014. None of the funds made available by this 
Act may be used to implement Executive Order No. 12473 
of April 13, 1984, as amended by Executive Order No. 
13669 of June 13, 2014, as those amendments apply to 
section 405(i) of the Rules for Courts-Martial. 
SEC. 10015. None of the funds appropriated or other-
wise made available by this Act may be used to pay for 
storage for patrol boats procured under the Department 
of Navy Memorandum #105–E2P–196 dated October 12, 
2010.
146 
SEC. 10016. None of the funds made available by this 
Act may be used to implement the Treaty on Open Skies, 
done at Helsinki March 24, 1992, and entered into force 
January 1, 2002. 
SEC. 10017. None of the funds made available by this 
Act may be used to maintain or improve Department of 
Defense real property with a zero percent utilization rate 
according to the Department’s real property inventory 
database, except in the case of maintenance of an historic 
property as required by the National Historic Preservation 
Act (16 U.S.C. 470 et seq.) or maintenance to prevent 
a negative environmental impact as required by the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
SEC. 10018. None of the funds made available by this 
Act may be used to procure any Army Aircrew Combat 
Uniforms. 
SEC. 10019. None of the funds made available by this 
Act may be obligated or expended to implement the Con-
vention on the Prohibition of the Use, Stockpiling, Pro-
duction and Transfer of Anti-Personnel Mines and on 
their Destruction. 
SEC. 10020. None of the funds made available by this 
Act may be used to carry out any of the following:
147 
(1) Section 2(b), 2(d), 2(g), 3(c), 3(e), 3(f), or 
3(g) of Executive Order No. 13423. 
(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 2911 of title 10, United States 
Code. 
(4) Section 400AA or 400 FF of the Energy 
Policy and Conservation Act (42 U.S.C. 6374, 
6374e). 
(5) Section 303 of the Energy Policy Act of 
1992 (42 U.S.C. 13212). 
(6) Section 203 of the Energy Policy Act of 
2005 (42 U.S.C. 15852). 
SEC. 10021. None of the funds made available by this 
Act may be used to ‘‘consult’’, as the term is used in ref-
erence to the Department of Defense and the National Se-
curity Agency, in contravention of the ‘‘assur[ance]’’ pro-
vided in section 20(c)(1)(A) of the National Institute of 
Standards and Technology Act (15 U.S.C. 278g– 
3(c)(1)(A). 
SEC. 10022. None of the funds made available by this 
Act may be used to propose, plan for, or execute an addi-
tional Base Realignment and Closure round.
148 
SEC. 10023. None of the funds made available by this 
Act may be used in contravention of Article II, section 
2 of the Constitution. 
SEC. 10024. None of the funds made available by this 
Act may be used to transfer weapons to the Palestinian 
Authority. 
SEC. 10025. None of the funds made available by this 
Act may be used to— 
(1) disestablish, or prepare to disestablish, a 
Senior Reserve Officers’ Training Corps program in 
accordance with Department of Defense Instruction 
Number 1215.08, dated June 26, 2006; or 
(2) close, downgrade from host to extension 
center, or place on probation a Senior Reserve Offi-
cers’ Training Corps program in accordance with the 
information paper of the Department of the Army 
titled ‘‘Army Senior Reserve Officers’ Training 
Corps (SROTC) Program Review and Criteria’’, 
dated January 27, 2014. 
SEC. 10026. None of the funds appropriated or other-
wise made available in this Act may be used to enter into 
a contract for the planning, design, refurbishing, or con-
struction of a biofuels refinery unless such planning, de-
sign, refurbishing, or construction is specifically author-
ized by law.
149 
SEC. 10027. None of the funds made available by this 
Act may be used to divest, retire, transfer, or place in stor-
age, or prepare to divest, retire, transfer, or place in stor-
age, any A–10 aircraft, or to disestablish any units of the 
active or reserve component associated with such aircraft. 
SEC. 10028. None of the funds appropriated or other-
wise made available by this Act may be used to transfer 
or release any individual detained at United States Naval 
Station, Guantanamo Bay, Cuba to the individual’s coun-
try of origin or to any other foreign country. 
SEC. 10029. (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; 1881d), or title 18, United States Code, regardless 
of under what Foreign Intelligence Surveillance Act au-
thority it was collected.
150 
(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 1801(m) of title 50, United States Code) alter 
its product or service to permit the electronic surveillance 
(as defined in section 1801(f) of title 50, United States 
Code) of any user of said product or service for said agen-
cies. 
(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.). 
SEC. 10030. None of the funds made available in this 
Act may be used to enter into a contract with any person 
whose disclosures of a proceeding with a disposition listed 
in section 2313(c)(1) of title 41, United States Code, in 
the Federal Awardee Performance and Integrity Informa-
tion System include the term ‘‘Fair Labor Standards 
Act.’’. 
SEC. 10031. None of the funds made available by this 
Act may be used in contravention of section 1034 of title 
10, Untied States Code. 
SEC. 10032. None of the funds made available by this 
Act may be used by the Defense Logistics Agency to im-
151 
plement the Small Business Administration interim final 
rule titled ‘‘Small Business Size Standards; Adoption of 
2012 North American Industry Classification System’’ 
(published August 20, 2012, in the Federal Register) with 
respect to the procurement of footwear. 
SEC. 10033. None of the funds made available by this 
Act may be obligated or expended to the following entities 
or in contravention of section 2339B of title 18, United 
States Code: 
(1) The Government of Iran. 
(2) The Government of Syria. 
(3) The Palestinian Authority. 
(4) Hamas. 
(5) The Islamic State of Iraq and Syria. 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2015’’. 
Passed the House of Representatives June 20, 2014. 
Attest: 
Clerk.
113TH CONGRESS 
2D SESSION 
H. R. 4870 
AN ACT 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2015, and for other purposes.