Bill 113-HR-4870 — Defense / General
Subject: Armed forces and national security

Highlights:

The Department of Defense Appropriations Act, 2015 provides regular annual appropriations for the military functions of the Department of Defense (DOD), including the pay, allowances, and support of military personnel; operation and maintenance of the forces; procurement of equipment and systems; and research, development, test and evaluation.

The bill also includes funding for overseas contingency operations (OCO) to support the Global War on Terrorism.

The bill increases funding above FY2014 levels for operation and maintenance.

The bill decreases funding below FY2014 levels for military personnel; procurement; research, development, test and evaluation; revolving and management funds; and overseas contingency operations.

Full Summary: 

Department of Defense Appropriations Act, 2015 - Title I: Military Personnel - Appropriates funds for FY2015 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

Title II: Operation and Maintenance - Appropriates funds for FY2015 for Operation and Maintenance (O&M) for the military departments, other agencies of the Department of Defense (DOD), the reserve components, and the Army and Air National Guard. Appropriates funds for: (1) the United States Court of Appeals for the Armed Forces; (2) environmental restoration for the military departments, defense-wide, and at formerly used defense sites; (3) overseas humanitarian, disaster, and civic aid; (4) the cooperative threat reduction account for assistance to the republics of the former Soviet Union and to countries outside of the former Soviet Union for facilitating the elimination and the safe and secure transportation and storage of nuclear, chemical, and other weapons; and (5) the Department of Defense Acquisition Workforce Development Fund.

Title III: Procurement - Appropriates funds for FY2015 for procurement by the military departments, including for the procurement of aircraft, missiles, weapons and tracked combat vehicles, ammunition, and for shipbuilding and conversion by the Navy. Appropriates funds for: (1) defense-wide procurement, and (2) certain procurements under the Defense Production Act of 1950.

Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY2015 for Research, Development, Test and Evaluation (RDT&E) by the military departments and defense agencies. Appropriates funds for the independent activities of the Director of Operational Test and Evaluation.

Title V: Revolving and Management Funds - Appropriates funds for the Defense Working Capital Funds and the National Defense Sealift Fund.

Title VI: Other Department of Defense Programs - Appropriates funds for: (1) DOD medical and health care programs; (2) the destruction of the U.S. stockpile of lethal chemical agents, munitions, and other chemical warfare materials that are not in the chemical weapon stockpile; (3) drug interdiction and counter-drug activities of DOD; (4) support for international sporting competitions; and (5) the Office of the Inspector General.

Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund, and (2) the Intelligence Community Management Account.

Title VIII: General Provisions - Sets forth permitted, restricted, and prohibited uses of appropriated funds.

(Sec. 8001) Prohibits appropriations contained in this Act from being used for publicity or propaganda purposes not authorized by Congress.

(Sec. 8002) Provides that during the current fiscal year, provisions of law prohibiting the payment of compensation to or employment of foreign nationals shall not apply to DOD if certain conditions are met. (Sec. 8007) Requires DOD to submit a report to the congressional defense committees to establish the baseline for application of FY2015 reprogramming and transfer authorities. Provides that none of the funds appropriated in this Act shall be available for reprogramming or transfer until the report is submitted unless the Secretary of Defense certifies in writing that the reprogramming or transfer is necessary as an emergency requirement.

(Sec. 8010) Establishes limitations on the use of funds to initiate some multi-year contracts.

(Sec. 8011) Appropriates operation and maintenance funds for humanitarian and civic assistance costs in conjunction with military operations.

(Sec. 8012) Prohibits the management of DOD civilian personnel on the basis of any end-strength during FY2015.

(Sec. 8013) Prohibits funds made available by this Act from being used to directly or indirectly influence congressional action on legislation or appropriation matters pending before Congress.

(Sec. 8016) Appropriates funds and provides DOD the authority to make the funds available through the Office of Economic Adjustment or by transfer to the Department of Education for construction, renovation, repair, and expansion of public schools on military facilities.

(Sec. 8017) Prohibits funds from being used to demilitarize or dispose of certain surplus firearms, small arms ammunition, or ammunition components.

(Sec. 8018) Limits funding that may be used for relocation of any DOD entity into or within the National Capital Region.

(Sec. 8020) Prohibits funds for the Defense Media Activity from being used for national or international political or psychological activities.

 (Sec. 8021) Authorizes DOD to incur obligations up to $350 million for DOD military compensation, construction projects, supplies, and services in anticipation of contributions from the government of Kuwait.

(Sec. 8022) Provides that operation and maintenance and procurement funds made available in this Act shall be available for the Civil Air Patrol Corporation to support operation and maintenance, readiness, counterdrug activities, and drug demand reduction activities involving youth programs.

 Directs the Secretary of the Air Force to waive reimbursement for funds used by the Civil Air Patrol for counter-drug activities in support of federal, state, and local government agencies.

(Sec. 8023) Prohibits DOD funds from being used to establish a new federally funded research and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants. Prohibits a defense FFRDC from using FY2015 DOD funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY2015 funds. (Sec. 8024) Prohibits DOD from procuring carbon, alloy, or armor steel plating not melted and rolled in the United States or Canada. Permits the Secretary of the military department responsible for the procurement to waive the restriction upon certification to the congressional appropriations committees that adequate domestic supplies are not available and that such an acquisition is necessary for national security purposes.

(Sec. 8027) Revokes blanket waivers of the Buy American Act if DOD determines that a country has violated the terms of a specified agreement by discriminating against products produced in the United States.

(Sec. 8029) Authorizes the Secretary of the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Elllsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising among requests of Indian tribes for these conveyances.

(Sec. 8032) Provides restrictions on the availability of certain funds appropriated by this Act to the Central Intelligence Agency (CIA).

(Sec. 8033) Permits funds made available by this Act to the Defense Intelligence Agency to be used for the design, development, and deployment of General Defense Intelligence Program intelligence communication and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands.

(Sec. 8034) Provides that specified operation and maintenance funds shall be available only for the mitigation of environmental impacts from DOD activities, including training and technical assistance to tribes, administrative support, gathering of information, documenting of environmental damage, and developing a system of prioritization of mitigation and cost to complete estimates of mitigation on Indian lands.

(Sec. 8035) Requires DOD to comply with the Buy American Act.

(Sec. 8036) Prohibits funds appropriated by this Act from being used for certain contracts for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited proposal unless specified conditions are met.

(Sec. 8038) Prohibits a DOD entity from using funds to convert a function performed by DOD civilian employees to performance by a contractor unless specific guidelines are met.

(Sec. 8039) Rescinds funds provided to various programs in prior defense appropriations Acts.

(Sec. 8040) Prohibits funds from being used to reduce authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve, and Air Force Reserve unless the reductions are a direct result of a reduction in military force structure.

(Sec. 8041) Prohibits funds from being used for assistance to the Democratic People's Republic of North Korea unless specifically appropriated for that purpose.

(Sec. 8044) Prohibits the transfer of DOD or CIA drug interdiction or counter-drug activity funds to any other department or agency except as specifically provided in an appropriations law.

(Sec. 8046) Prohibits use of funds to purchase any supercomputer not manufactured in the United States unless the Secretary of Defense certifies to the congressional defense committees that that acquisition is necessary to acquire capability for national security purposes that is not available from U.S. manufacturers.

(Sec. 8048) Prohibits funds from being used to transfer defense articles or services to another nation or an international peacekeeping organization unless Congress is notified in advance.

(Sec. 8053) Provides that certain funds appropriated by this Act for operations and maintenance shall be for continued implementation and expansion of the Sexual Assault Special Victims' Counsel Program and for support of high priority Sexual Assault Prevention and Response Program requirements and activities.

(Sec. 8055) Authorizes the Secretary of Defense, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items, and (2) the country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.

(Sec. 8056) Prohibits the use of funds to support any training program involving a unit of the security forces of a foreign country if the Secretary has received credible information that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Authorizes the Secretary to waive  the prohibition under extraordinary circumstances or if a waiver is necessary to assist in disaster relief operations or other humanitarian or national security emergencies. Requires a report to the congressional defense committees prior to the waiver.

(Sec. 8057) Prohibits the use of appropriated funds for the purpose of performing repairs or maintenance to military family housing units.

(Sec. 8061) Authorizes members of the National Guard serving on full-time duty to support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8062) Prohibits appropriated funds from being used to transfer specified armor-piercing ammunition to any nongovernmental entity, except an entity performing demilitarization services for DOD.

(Sec. 8064) Prohibits the use of funds appropriated in this Act to support any DOD nonappropriated funds activity that procures malt beverages and wine with nonappropriated funds for resale on a military installation located in the United States unless the beverages are procured within the state in which the military installation is located and specified conditions are met.

(Sec. 8066) Prohibits funds from being used to make specified modifications to the National Intelligence Program's budget and appropriations process.

(Sec. 8067) Authorizes the transfer of specified DOD O&M funds to the Global Security Contingency Fund after congressional notification.

(Sec. 8068) Requires the Secretary of Defense to issue regulations to prohibit the sale of any tobacco or tobacco-related products in military resale outlets in the United States, its territories, and possessions at a price below the most competitive price in the local community.

(Sec. 8069) Provides specified procurement and RDT&E funds for the Israeli Cooperative Programs (missile defense).

(Sec. 8070) Prohibits DOD from using funds made available by this Act to grant an enlistment waiver for offenses related to specified sex crimes.

(Sec. 8072) Deems funds appropriated or made available by transfer in this Act for intelligence activities to be authorized by Congress during FY2015 until the enactment of the Intelligence Authorization Act for FY2015.

(Sec. 8073) Prohibits fund appropriated by this Act from being used for a reprogramming of funds that creates or initiates a new program, project, or activity unless it must be undertaken immediately in the interests of national security and the congressional defense committees are notified in advance.

(Sec. 8074) Requires the FY2016 budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, procurement, and RDT&E accounts.

(Sec. 8075) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8076) Reduces the total amount appropriated in this Act by $300 million to reflect savings due to favorable foreign exchange rates.

(Sec. 8077) Prohibits the use of funds appropriated in this Act from being used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve if the actions reduce the WC-130 Weather Reconnaissance mission below the levels funded in this Act. Permits the Squadron to perform other missions in support of national defense requirements during the non-hurricane season.  

(Sec. 8078) Prohibits funds from being used for integrating foreign intelligence information unless the information has been lawfully collected and processed during authorized foreign intelligence activities.

(Sec. 8079) Provides that specified Air Force military procurement funds shall be available for the acceleration of a competitively awarded Evolved Expendable Launch Vehicle mission. Requires that competitions be open to all certified providers and consider bids from two or more providers.

(Sec. 8082) Provides specified Navy O&M funds for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute theater security cooperation activities such as humanitarian assistance and the payment of incremental and personnel costs of training and exercising with foreign security forces.

(Sec. 8085) Requires the Office of the Director of National Intelligence (DNI) to submit report to the congressional intelligence committees establishing the baseline for application of reprogramming and transfer authorities for FY2015.

(Sec. 8086) Prohibits the use of funds to support any military training or operation that includes child soldiers unless the assistance is permitted by the Child Soldiers Prevention Act of 2008.

(Sec. 8087) Makes specified Intelligence Community Management Account funds available for transfer by the DNI to other departments and agencies for government-wide information sharing activities.

(Sec. 8088) Provides specific restrictions on the reprogramming or transfer of funds provided to the National Intelligence Program.

(Sec. 8089) Directs the DNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.

(Sec. 8091) Requires DOD to continue to report incremental contingency operations costs for Operation Enduring Freedom (war in Afghanistan) and other operations identified by the Secretary of Defense on a semiannual basis.

(Sec. 8093) Makes O&M funds available for payments and transfers to the Defense Acquisition Workforce Development Fund.

(Sec. 8094) Requires any agency receiving funds appropriated under this Act to post on its public website any report required to be submitted to Congress in this or any other Act, upon the determination by such agency head that it shall serve the national interest. Provides exceptions when posting the report would compromise national security or for reports containing proprietary information.

(Sec. 8095) Prohibits the use of funds for federal contracts in excess of  $1 million unless the contractor meets specific requirements regarding the resolution of claims under title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, or national origin). Allows the Secretary to waive such requirements to avoid harm to national security.

(Sec. 8096) Provides specified O&M funds for operations of the integrated Captain James A. Lovell Federal Health Care Center in Chicago, Illinois.

(Sec. 8097) Requires the Secretary of Defense to submit annual reports to the DOD Inspector General related to the costs and contracting procedures for conferences held during FY2015.

(Sec. 8098) Prohibits funds appropriated by this Act from being used to pay a retired general or flag officer to serve as a senior mentor advising DOD unless the retired officer files a public financial disclosure form with the Office of Government Ethics. (Sec. 8099) Allows DOD funds to be used for the purchase of armored vehicles for the physical security of personnel or for force protection purposes up to $250,000 per vehicle.

(Sec. 8100 ) Prohibits the use of funds for providing certain missile defense information to the Russian Federation.

(Sec. 8101) Prohibits the Secretary of Defense from using funds made available by this Act to take occupancy of more than 3,000 parking spaces (other than handicap-reserved spaces) provided by the Base Realignment and Closure (BRAC) 133 project in Alexandria, Virginia. Permits a waiver of the limitation if certain conditions are met.

(Sec. 8102) Requires that military exchanges become a signatory to or abide by the Accord on Fire and Building Safety in Bangladesh for the purchase of garments manufactured in Bangladesh for the private label brands. Requires military exchanges to provide, to the maximum extent practicable, a preference to retail suppliers that are signatories to the Accord.

(Sec. 8103) Directs the Secretary of Defense to require that agreements for licensing of logos, marks, and other insignia trademarked by DOD or a branch of the military include a requirement that licensees who source from or manufacture garments and apparel in Bangladesh become a signatory to or abide by the Accord on Fire and Building Safety in Bangladesh.

(Sec. 8104) Permits the transfer of up to $2 billion of funds made available by this Act to the National Intelligence Program, upon a determination by the Director of National Intelligence that such action is necessary and in the national interest and approval by the Office of Management and Budget (OMB). Requires transfer authority be used for higher priority items based on unforeseen intelligence requirements. Prohibits transfer authority from being used when the item for which funds are requested has been denied by Congress.

(Sec. 8106) Prohibits funds appropriated by this Act from being used in contravention of provisions of the National Defense Authorization Act for FY2014 to adopt any new camouflage pattern design or uniform fabric for any combat or camouflage utility uniform.

(Sec. 8107) Prohibits any federal funds from being used to transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who is not a citizen or member of the Armed Forces and who is or was held by DOD on or after June 24, 2009, at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo).

(Sec. 8108) Prohibits funds provided in this Act from being used to transfer any individual detained at Guantanamo to the custody of control of the individual's country or origin, or any other foreign country or entity, except in accordance with the National Defense Authorization Act for Fiscal Year 2014.

(Sec. 8109) Prohibits the use of funds to enter into a contract with, make a grant to, or provide a loan or loan guarantee to any corporation with unpaid tax liabilities.

(Sec. 8110) Prohibits the use of funds to enter into a contract with, make a grant to, or provide a loan or loan guarantee to any corporation that was convicted of a federal criminal violation in the past 24 months.

(Sec. 8111) Prohibits funds made available by this Act to carry out voluntary military education programs from being disbursed or delivered to an institution of higher education or to a student to attend the institution unless the institution certifies to the Secretary of Defense that it will not use revenues derived from federal educational assistance funds for advertising, marketing, or student recruitment activities, other than activities required or authorized by title IV of the Higher Education Act of 1965.   

(Sec. 8112) Prohibits funds made available by this Act to carry out voluntary military education programs from being disbursed or delivered to a proprietary institution of higher education or to a student to attend the institution until the institution demonstrates to the Secretary of Defense that it derives not less than 10% of its revenues from sources other than funds provided under title IV of the Higher Education Act of 1965.

(Sec. 8113) Prohibits funds from being used to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan guarantee to Russian arms supplier Rosoboronexport or any subsidiary of Rosoboronexport. Permits the Secretary of Defense to waive the restriction if specific conditions are met.

 (Sec. 8114) Prohibits the use of funds for the personal benefit of the President of Afghanistan.

(Sec. 8115) Permits funds to be used to provide payments to local military commanders for damage, personal injury, or death that is incident to combat operations in a foreign country.

(Sec. 8116) Prohibits funds made available in this Act from being used to reduce strategic delivery vehicles and launchers below levels necessary to implement the New Strategic Arms Reduction Treaty (New START), as set forth in a report provided to Congress pursuant to the National Defense Authorization Act for Fiscal Year 2012.

(Sec. 8117) Requires the Secretary of Defense to post grant awards on a public Web site in a searchable format.

(Sec. 8118) Prohibits funding to modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.

(Sec. 8119) Requires the Secretary of Defense to submit a report to the congressional defense committees assessing the justification and approval requirements for sole-source contracts. Requires the Comptroller General (GAO) to report to the congressional defense committees on the sufficiency of the DOD report and to review the justification and approval requirements.

(Sec. 8120) Requires the Secretary of the Air Force to designate a facility located on Scott Air Force Base, Illinois to be named after Senator Alan J. Dixon.

(Sec. 8121) Requires funds appropriated in the American Recovery and Reinvestment Act of 2009 to DOD for O&M and to the Department of Energy for fossil energy research and development to remain available until expended.

(Sec. 8122) Prohibits DOD from using any funds provided in this Act for a contract with a foreign incorporated entity which is treated as an inverted domestic corporation.

Permits a waiver if the Secretary of Defense determines the waiver is required in the interest of national security. Requires the Secretary to notify the congressional defense committees after exercising a waiver.

Includes exceptions for contracts entered into before the date of enactment of this Act or any task orders issued pursuant to such contracts. (Sec. 8123) Prohibits funds provided by this Act from being used to require that seafood procured for DOD from sustainably managed fisheries in the United States, as determined by the National Marine Fisheries Service, be required to also meet the sustainability certification criteria of third-party nongovernmental organizations.

(Sec. 8124) Prohibits funds provided by this Act from being used to suspend, terminate, or alter the Federal Excess Personal Property program or the Firefighter Property program.

(Sec. 8125) Prohibits funds provided by this Act from being used for the disestablishment of any Senior Reserve Officers' Training Corps program.

(Sec. 8126) Provides that $7.5 million of the funds appropriated for the Defense Health Program shall be available for peer-reviewed medical research on amyotrophic lateral sclerosis (ALS).

(Sec. 8127) Requires the Secretary of Defense to notify Congress before implementing specified changes to the operations of the Defense Finance and Accounting Service.

Title IX: Overseas Contingency Operations - Appropriates funds for FY2015 for overseas contingency operations related to the Global War on Terrorism, including for: (1) military personnel; (2) O&M, including the Afghanistan Security Forces Fund, the Counterterrorism Partnerships Fund, and the European Reassurance Initiative; (3) procurement (4) Research, Development, Test and Evaluation; (5) Revolving and Management Funds including Defense Working Capital Funds; (6) the Defense Health Program; (7) drug interdiction and counter-drug activities; (8) the Joint Improvised Explosive Device Defeat Fund; and (9) the Office of the Inspector General.

(Sec. 9002) Authorizes the Secretary, in the national interest, to transfer up to $3.5 billion of the amounts made available to DOD in this title between any such appropriations for that fiscal year. Requires prompt congressional notification of each transfer.

(Sec. 9004) Authorizes the Secretary to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in the U.S. Central Command area of responsibility. Includes limits on the cost of each passenger vehicle and each armored vehicle.

(Sec. 9005) Authorizes the use of a limited amount of funding for the Commander's Emergency Response Program for humanitarian relief and reconstruction assistance in Afghanistan.

(Sec. 9006) Allows DOD O&M funds to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Afghanistan. Requires quarterly reports from the Secretary to the defense committees regarding such support.

(Sec. 9007) Prohibits any funds from being obligated or expended to: (1) establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq or Afghanistan, or (2) to exercise U.S. control over any oil resource of Iraq.

(Sec. 9008) Prohibits funds from being used in contravention of specified laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

(Sec. 9009) Prohibits funds provided for the Afghanistan Security Forces Funds from being obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council of DOD.

(Sec. 9011) Permits a limited amount of O&M funding to be used to support U.S. transition activities in Iraq being conducted by the Office of Security Cooperation in Iraq and security assistance teams.

(Sec. 9013) Prohibits the use of funds with respect to Syria in contravention of the War Powers Resolution.

(Sec. 9014) Appropriates funds to conduct surface and subsurface clearance of unexploded ordnance at closed training ranges used by the Armed Forces in Afghanistan.

(Sec. 9015) Authorizes the Secretary of Defense, with the concurrence of the Secretary of State, to provide assistance to the Syrian opposition.

(Sec. 9016) Prohibits funds appropriated by this Act from being used to transfer additional C-130 cargo aircraft to the Afghan National Security Forces until DOD provides the congressional defense committees with a review of the Afghanistan Air Force's requirements.

(Sec. 9017) Provides that each amount designated in this Act by Congress for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 shall only be available if the President subsequently designates all such amounts and transmits the designations to Congress.

Title X: Overseas Contingency Operations- Appropriates funds to the President and the Department of State for overseas contingency operations related to the Global War on Terrorism.

Appropriates funds for bilateral economic assistance, including appropriations to the President for the Complex Crises Fund for counterterrorism partnership efforts, responding to crises, and addressing regional instability resulting from the conflict in Syria.  

Appropriates funds for international security assistance, including (1) to the Department of State for contributions for international peacekeeping activities, and (2) to the President for the foreign military financing program.

Title XI: Overseas Contingency Operations - Appropriates funds to DOD for FY2015 for overseas contingency operations related to the global war on terrorism, including additional appropriations for defense-wide military construction.