H.R. 2397 — what changed
Department of Defense Appropriations Act, 2014
From Reported in House to Engrossed in House. 9 sections amended, 37 added, and 1 removed between Reported in House and Engrossed in House.
Sec. 8063
changed
None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition 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 incendiary tracer (API-T)”, (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 manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State.
Sec. 8069
changed In addition to amounts provided elsewhere in this Act, $4,000,000 (increased by $16,000,000) is hereby appropriated to the Department of Defense, to remain available for obligation until expended: Provided, That notwithstanding any other provision of law, that upon the determination of the Secretary 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 furnishing 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. 8070
changed Of the amounts appropriated in this Act under the headings “Procurement, Defense-Wide” and “Research, Development, Test and Evaluation, Defense-Wide”, $489,091,000 (increased by $15,000,000) shall be for the Israeli Cooperative Programs: Provided, That of this amount, $220,309,000 (increased by $15,000,000) 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; $149,712,000 shall be for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program, of which $15,000,000 shall be for production activities 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 available for an upper-tier component to the Israeli Missile Defense Architecture, and $44,363,000 shall be available for the Arrow System Improvement Program including development 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 procurement of weapons and equipment, to be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred: Provided further, That the transfer authority provided under this provision is in addition to any other transfer authority provided in this Act.
Sec. 8071
changed
None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of U.S. United States Navy forces assigned to the Pacific fleet.
None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give United States Transportation Command operational and administrative control of C–130 and KC–135 forces assigned to the Pacific and European Air Force Commands.
The command and control relationships in subsections (a) and (b) which existed on March 13, 2011, shall remain in force unless changes are specifically authorized in a subsequent Act.
This subsection does not apply to administrative control of Navy Air and Missile Defense Command.
Sec. 8092
changed
The Department of Defense shall continue to report incremental contingency operations costs for Operation Enduring Freedom, or any other named operations in the U.S. United States Central Command area of operation on a monthly 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.
Sec. 8108
Except as provided in paragraph (2) and subsection (d), none of the funds appropriated or otherwise made available in this or any other Act may be used to transfer any individual detained at Guantánamo to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity unless the Secretary of Defense submits to Congress the certification described in subsection (b) not later than 30 days before the transfer of the individual.
Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance).
A certification described in this subsection is a written certification made by the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of National Intelligence, that—
the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantánamo is to be transferred—
is not a designated state sponsor of terrorism or a designated foreign terrorist organization;
maintains control over each detention facility in which the individual is to be detained if the individual is to be housed in a detention facility;
is not, as of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual;
has taken or agreed to take effective actions to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future;
has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or re-engage in any terrorist activity; and
has agreed to share with the United States any information that—
is related to the individual or any associates of the individual; and
could affect the security of the United States, its citizens, or its allies; and
includes an assessment, in classified or unclassified form, of the capacity, willingness, and past practices (if applicable) of the foreign country or entity in relation to the Secretary’s certifications.
Except as provided in paragraph (2) and subsection (d), none of the funds appropriated or otherwise made available in this or any other Act may be used to transfer any individual detained at Guantánamo to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity if there is a confirmed case of any individual who was detained at United States Naval Station, Guantánamo Bay, Cuba, at any time after September 11, 2001, who was transferred to such foreign country or entity and subsequently engaged in any terrorist activity.
Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance).
The Secretary of Defense may waive the applicability to a detainee transfer of a certification requirement specified in subparagraph (D) or (E) of subsection (b)(1) or the prohibition in subsection (c), if the Secretary certifies the rest of the criteria required by subsection (b) for transfers prohibited by (c) and, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, determines that—
alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived;
in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated, but the actions to be taken under subparagraph (A) will substantially mitigate such risks with regard to the individual to be transferred;
in the case of a waiver of subsection (c), the Secretary has considered any confirmed case in which an individual who was transferred to the country subsequently engaged in terrorist activity, and the actions to be taken under subparagraph (A) will substantially mitigate the risk of recidivism with regard to the individual to be transferred; and
the transfer is in the national security interests of the United States.
Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the appropriate committees of Congress, not later than 30 days before the transfer of the individual concerned, the following:
A copy of the determination and the waiver concerned.
A statement of the basis for the determination, including—
an explanation why the transfer is in the national security interests of the United States; and
in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), an explanation why it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated.
A summary of the alternative actions to be taken to address the underlying purpose of, and to mitigate the risks addressed in, the paragraph or subsection to be waived.
The assessment required by subsection (b)(2).
In assessing the risk that an individual detained at Guantánamo will engage in terrorist activity or other actions that could affect the security of the United States if released for the purpose of making a certification under subsection (b) or a waiver under subsection (d), the Secretary of Defense may give favorable consideration to any such individual—
changed
who has substantially cooperated with United States intelligence and law enforcement authorities, pursuant to a pre- trial pre-trial agreement, while in the custody of or under the effective control of the Department of Defense; and
for whom agreements and effective mechanisms are in place, to the extent relevant and necessary, to provide for continued cooperation with United States intelligence and law enforcement authorities.
In this section:
The term “appropriate committees of Congress” means—
the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
The term “individual detained at Guantánamo” means any individual located at United States Naval Station, Guantánamo Bay, Cuba, as of October 1, 2009, who—
is not a citizen of the United States or a member of the Armed Forces of the United States; and
is—
in the custody or under the control of the Department of Defense; or
otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba.
The term “foreign terrorist organization” means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
Sec. 8120
changed
Section 8159(c) of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117, 10 U.S.. U.S.C. 2401a note) is amended by striking paragraph (7).
Sec. 9004
changed
From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian employees of the Department of Defense in the U.S. United States Central Command area of responsibility: (a) (1) passenger motor vehicles up to a limit of $75,000 per vehicle; and (b) (2) 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 applicable to the purchase of passenger carrying vehicles.
Sec. 10001
changed
The amount by which the applicable allocation 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.$0 (increased by $79,000,000) (increased by $139,000,000) (increased by $553,800,000).
removed
Sec. 10002
addedadded None of the funds made available by this Act may be used to cancel or modify the avionics modernization program of record for C–130 aircraft.
Sec. 10003
addedadded None of the funds made available by this Act may be used to—
added
plan for, consider, or carry out any action to remove any portion of the Mount Soledad Veterans Memorial in San Diego, California;
added
convey, or authorize the conveyance of, such memorial; or
added
plan for or accept any reimbursement for any action described in paragraph (1) or (2).
Sec. 10004
addedadded None of the funds made available by this Act may be used by the Department of Defense to grant an enlistment waiver for an offense within offense code 433 (rape, sexual abuse, sexual assault, criminal sexual abuse, incest, or other sex crimes), as specified in Table 1 of the memorandum from the Under Secretary of Defense with the subject line “Directive-Type Memorandum (DTM) 08-018—“Enlistment Waivers””, dated June 27, 2008 (incorporating Change 3, March 20, 2013).
Sec. 10005
addedadded 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 total number of military and civilian personnel assigned to Lajes Field on October 1, 2012.
Sec. 10006
addedadded None of the Operation and Maintenance funds made available in this Act may be used in contravention of section 41106 of title 49, United States Code.
Sec. 10007
addedadded None of the funds made available by this Act may be used to enter into a contract for the purchase of an American flag if the flag is certified (pursuant to the Federal Acquisition Regulation) as a foreign end product.
Sec. 10008
addedadded None of the funds made available by this Act may be used by the Department of Defense 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—Federal Fleet Performance, dated May 24, 2011.
Sec. 10009
addedadded 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—
added
within a three-year period preceding this offer has been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal 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, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
added
are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (1); or
added
within a three-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
Sec. 10010
addedadded None of the funds made available by this Act may be used to engage in an act covered by or described in section 2340A of title 18, United States Code.
Sec. 10011
addedadded None of the funds made available by this Act may be used for flag or general officers for each military department that are in excess to the number of such officers serving in such military department as of the date of the enactment of this Act.
Sec. 10012
addedadded None of the funds made available in this Act may be used to fund the performance of any Department of Defense flight demonstration team at a location outside the United States.
Sec. 10013
addedadded 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 National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 10014
addedadded None of the funds made available in this Act may be used to operate an unmanned aerial system in contravention of the fourth amendment to the Constitution.
Sec. 10015
addedadded None of the funds made available by this Act may be used to enter into any contract after the date of the enactment of this Act for the procurement or production of any non-petroleum based fuel for use as the same purpose or as a drop-in substitute for petroleum.
Sec. 10016
addedadded None of the funds made available by this Act may be used to carry out a furlough (as defined in section 7511(a)(5) of title 5, United States Code) that—
added
includes in the notice of the furlough made pursuant to section 752.404(b) of title 5, Code of Federal Regulations, “sequestration” as the reason for the furlough; and
added
is of a civilian employee of the Department of Defense who is paid from amounts in a Working Capital Fund Account pursuant to section 2208 of title 10, United States Code.
Sec. 10017
addedadded None of the funds made available by this Act may be used to appoint chaplains for the military departments in contravention of Department of Defense Instruction 1304.28, dated June 11, 2004, incorporating change 2, dated January 19, 2012, as in effect on July 1, 2013, regarding the appointment of chaplains for the military departments.
Sec. 10018
addedadded 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. 10019
addedadded 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. 10020
addedadded None of the funds made available by this Act may be obligated or expended to train the Afghan National Security Forces Special Mission Wing to operate or maintain Mi–17 helicopters.
Sec. 10021
addedadded None of the funds made available by this Act may be used to give covered graduates (as described in section 532(a)(2) of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 503 note)) a lower enlistment priority than traditional high school diploma graduates as described in the second paragraph of the memo with the subject line “Education Credential—Definition and Tier Placement”, dated June 6, 2012.
Sec. 10022
addedadded None of the funds made available by this Act may be used to conduct an environmental impact study in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. et seq.) of intercontinental ballistic missiles or the facilities in which, as of the date of the enactment of this Act, such missiles are located.
Sec. 10023
addedadded None of the funds made available by this Act may be used for a furlough (as defined in section 7511(a)(5) of title 5, United States Code) of any civilian employee of the Department of Defense.
Sec. 10024
addedadded None of the funds made available by this Act may be used to pay the salary of individuals appointed to their current position through, or to otherwise carry out, paragraphs (1), (2), and (3) of section 5503(a) of title 5, United States Code.
Sec. 10025
addedadded 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. 10026
addedadded None of the funds made available by this Act may be used to carry out reductions to the nuclear forces of the United States to implement the New START Treaty (as defined in section 495(e) of title 10, United States Code).
Sec. 10027
addedadded None of the funds made available by this Act may be used to reduce the strategic delivery systems (as defined in section 495(e)(2) of title 10, United States Code) of the United States in contravention of section 303(b) of the Arms Control and Disarmament Act (22 U.S.C. 2573(b)).
Sec. 10028
addedadded None of the funds made available by this Act may be used to implement an enrollment fee for the TRICARE for Life program under chapter 55 of title 10, United States Code.
Sec. 10029
addedadded None of the funds made available in this Act may be used to pay any fine assessed against a military installation by the California Air Resources Board.
Sec. 10030
addedadded The total amount of appropriations made available by title IX (not including amounts made available under the heading “Overseas Deployments and Other Activities—Procurement—National Guard and Reserve Equipment”) is hereby reduced by $3,546,000,000.
Sec. 10031
addedadded 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. 10032
added
added
None of the funds made available by this Act may be used to retire, divest, transfer, or prepare to divest, retire, or transfer, C–23 aircraft assigned to the Army.
added
The amounts otherwise provided by this Act are revised by reducing and increasing the amount made available for “Operation and Maintenance—Operation and Maintenance, Army” by $34,000,000.
Sec. 10033
addedadded None of the funds made available in this Act may be used by the Department of Defense—
added
to implement or execute any agreement with the Russian Federation pertaining to missile defense other than a treaty; or
added
to provide the Government of the Russian Federation with any information about the ballistic missile defense systems of the United States that is classified or unclassified by the Department or component thereof.
Sec. 10034
addedadded 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 forces into hostilities in Syria, into situations in Syria where imminent involvement in hostilities is clearly indicated by the circumstances, or into Syrian territory, airspace, or waters while equipped for combat, in contravention of the Congressional consultation and reporting requirements of sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 10035
addedadded No funds made available by this Act may be used by the Department of Defense to fund military operations in Egypt, nor may funds made available by this Act be used by the Department of Defense to fund individuals, groups, or organizations engaged in paramilitary activity (as that term is used in section 401 of title 10, United States Code) in Egypt.
Sec. 10036
addedadded None of the funds made available by this Act may be used to issue to a civilian employee of the Department of Defense a denial of a security clearance pursuant to Department of Defense Directive 5220.6 that lists in the notice of specific reasons of the clearance decision (as defined in section 3.2 of such Directive) financial hardships because of a “furlough caused by sequestration”.
Sec. 10037
addedadded None of funds made available by this Act may be used by the National Security Agency to—
added
conduct an acquisition pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 for the purpose of targeting a United States person; or
added
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 electronic communication services to the public pursuant to section 501 of the Foreign Intelligence Surveillance Act of 1978.