--- kind: "diff" citation: "H.R. 4870" bill: "113-hr-4870" heading: "Department of Defense Appropriations Act, 2015" from: "rh" from_label: "Reported in House" to: "eh" to_label: "Engrossed in House" sections_amended: 8 sections_added: 32 sections_removed: 0 url: "https://uscodex.org/bills/113/hr/4870/changes/eh" --- # H.R. 4870 — what changed H.R. 4870, Department of Defense Appropriations Act, 2015 — 8 sections amended and 32 added between Reported in House and Engrossed in House. Edits are marked `struck` and `inserted`. ## Sec. 8029 (unnamed section) - (a) Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are excess to the needs of the Air Force. - (b) The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. Any such conveyance shall be subject to the condition that the housing units shall be removed within a reasonable period of time, as determined by the Secretary. - (c) The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection (b). - (d) In this section, the term “Indian tribe” means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a-1).479a–1). ## Sec. 8068 (unnamed section) - 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 (unnamed section) - 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: Provided, That the command and control relationships which existed on October 1, 2004, shall remain in force unless changes are specifically authorized in a subsequent Act: Provided further, That this section does not apply to administrative control of Navy Air and Missile Defense Command. ## Sec. 8071 (unnamed section) - Of the amounts appropriated in this Act under the heading “Shipbuilding and Conversion, Navy”, $1,007,285,000 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 Conversion, Navy”, 2008/2015: Carrier Replacement Program $663,000,000; - (2) Under the heading “Shipbuilding and Conversion, Navy”, 2009/2015: LPD-17 LPD–17 Amphibious Transport Dock Program $54,096,000; - (3) Under the heading “Shipbuilding and Conversion, Navy”, 2010/2015: DDG-51 DDG–51 Destroyer $65,771,000; - (4) Under the heading “Shipbuilding and Conversion, Navy”, 2010/2015: Littoral Combat Ship $51,345,000; - (5) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2011/2015: DDG-51 DDG–51 Destroyer $63,373,000; - (6) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2011/2015: Littoral Combat Ship $41,700,000; - (7) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2011/2015: Joint High Speed Vessel $9,340,000; - (8) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2012/2015: CVN Refueling Overhauls Program $54,000,000; - (9) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2012/2015: Joint High Speed Vessel $2,620,000; and - (10) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2013/2015: Joint High Speed Vessel $2,040,000. ## Sec. 8112 (unnamed section) - 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 peacekeeping operations for the countries designated in 2013 to be in violation of the standards of the Child Soldiers Prevention 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 110–457; 22 U.S.C. 2370c-1), 2370c–1), unless such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008. ## Sec. 8132 (unnamed section) - None of the funds made available by this Act may be used to reduce, convert, decommission, or otherwise move to nondeployed status (except warm status), or prepare to reduce, convert, decommission, or otherwise move to nondeployed status (except warm status), any Minuteman III ballistic missile silo that contains a deployed missile as of the date of the enactment of this Act: Provided, That “warm status” means a status that enables any such silo to remain a fully functioning element of the interconnected and redundant command and control system of a missile field and be made fully operational with a deployed missile: Provided further, That this section shall continue in effect through the date of enactment of an Act authorizing appropriations for fiscal year 2015 for military activities of the Department of Defense.missile. ## Sec. 8139 (unnamed section) - None of the funds appropriated or otherwise made available by this Act or any other Act may be used in contravention of Sec. section 1035 of the National Defense Authorization Act for Fiscal Year 2014. ## Sec. 9015 (unnamed section) - No more than 15 percent of the funds made available in Title IX may be obligated, until the Secretary 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 Sec. section 1035 of the National Defense Authorization Act for Fiscal Year 2014. ## Sec. 10002 (unnamed section) — added - 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 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; or - (2) 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 - (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 liability remains unsatisfied. ## Sec. 10003 (unnamed section) — added - None of the funds made available by this Act may be used for the “Afghanistan Infrastructure Fund”. ## Sec. 10004 (unnamed section) — added - 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 (unnamed section) — added - None of the funds appropriated or otherwise made available by this Act may be used to retire, divest, or transfer, or to prepare or plan for the retirement, divestment, or transfer of, the entire KC–10 fleet during fiscal year 2015. ## Sec. 10006 (unnamed section) — added - None of the funds made available by this Act may be used to promulgate Directive 293, issued December 16, 2010, by the Office of Federal Contract Compliance Programs. ## Sec. 10007 (unnamed section) — added - None of the funds made available by this Act may be used to enter into any contract with an incorporated entity if such entity’s sealed bid or competitive proposal shows that such entity is incorporated or chartered in Bermuda or the Cayman Islands, and such entity’s sealed bid or competitive proposal shows that such entity was previously incorporated in the United States. ## Sec. 10008 (unnamed section) — added - 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 3, dated March 20, 2014, regarding the appointment of chaplains for the military departments. ## Sec. 10009 (unnamed section) — added - 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 (unnamed section) — added - None of the funds made available by this Act may be obligated or expended to transfer man-portable air defense systems (MANPADS) to any entity in Syria. ## Sec. 10011 (unnamed section) — added - 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 National 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. ## Sec. 10012 (unnamed section) — added - 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.), including for the introduction of United States armed forces into hostilities in Iraq, into situations in Iraq where imminent involvement in hostilities is clearly indicated by the circumstances, or into Iraqi territory, airspace, or waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 of such Resolution (50 U.S.C. 1542 and 1543). ## Sec. 10013 (unnamed section) — added - 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 (unnamed section) — added - 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 (unnamed section) — added - None of the funds appropriated or otherwise 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. ## Sec. 10016 (unnamed section) — added - 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 (unnamed section) — added - 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. 10018 (unnamed section) — added - None of the funds made available by this Act may be used to procure any Army Aircrew Combat Uniforms. ## Sec. 10019 (unnamed section) — added - None of the funds made available by this Act may be obligated or expended to implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction. ## Sec. 10020 (unnamed section) — added - None of the funds made available by this Act may be used to carry out any of the following: - (1) Section 2(b), 2(d), 2(g), 3(c), 3(e), 3(f), or 3(g) of Executive Order No. 13423. - (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 (unnamed section) — added - None of the funds made available by this Act may be used to “consult”, as the term is used in reference to the Department of Defense and the National Security Agency, in contravention of the “assur[ance]” provided 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 (unnamed section) — added - None of the funds made available by this Act may be used to propose, plan for, or execute an additional Base Realignment and Closure round. ## Sec. 10023 (unnamed section) — added - None of the funds made available by this Act may be used in contravention of Article II, section 2 of the Constitution. ## Sec. 10024 (unnamed section) — added - None of the funds made available by this Act may be used to transfer weapons to the Palestinian Authority. ## Sec. 10025 (unnamed section) — added - 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 Officers’ 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 (unnamed section) — added - None of the funds appropriated or otherwise made available in this Act may be used to enter into a contract for the planning, design, refurbishing, or construction of a biofuels refinery unless such planning, design, refurbishing, or construction is specifically authorized by law. ## Sec. 10027 (unnamed section) — added - None of the funds made available by this Act may be used to divest, retire, transfer, or place in storage, or prepare to divest, retire, transfer, or place in storage, any A–10 aircraft, or to disestablish any units of the active or reserve component associated with such aircraft. ## Sec. 10028 (unnamed section) — added - None of the funds appropriated or otherwise 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 country of origin or to any other foreign country. ## Sec. 10029 (unnamed section) — added - (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 person identifier. - (b) Subsection (a) shall not apply to queries for foreign 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 authority it was collected. - (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 agencies. - (d) Subsection (c) shall not apply with respect to mandates or requests authorized under the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.). ## Sec. 10030 (unnamed section) — added - 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 Information System include the term “Fair Labor Standards Act.”. ## Sec. 10031 (unnamed section) — added - 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 (unnamed section) — added - None of the funds made available by this Act may be used by the Defense Logistics Agency to implement 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 (unnamed section) — added - 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.