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H.R. 5293 — what changed

Department of Defense Appropriations Act, 2017

From Reported in House to Engrossed in House. 82 sections amended, 17 added, and 2 removed between Reported in House and Engrossed in House.

Sec. 8029

(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)
changed 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. 8055

changed None Of the funds appropriated in this Act under the heading “Operation and Maintenance, Defense-wide”, $25,000,000 shall be for continued implementation and expansion of the Sexual Assault Special Victims’ Counsel Program: Provided, That the funds are made available for transfer to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational the Army, the Department of the Navy, and administrative control the Department of United States Navy forces assigned to the Pacific fleet: Provided, Air Force: Provided further, That funds transferred shall be merged with and available for the command same purposes and control relationships for the same time period as the appropriations to which existed on October 1, 2004, shall remain in force unless changes the funds are specifically authorized in a subsequent Act: transferred: Provided further, That this section does not apply transfer authority is in addition to administrative control of Navy Air and Missile Defense Command.any other transfer authority provided in this Act.

Sec. 8056

changed Of None of the funds appropriated in title IV of this Act under the heading “Operation and Maintenance, Defense-wide”, $25,000,000 shall may be used to procure end-items for continued implementation and expansion of the Sexual Assault Special Victims’ Counsel Program: delivery to military forces for operational training, operational use or inventory requirements: Provided, That the funds are made available for transfer this restriction does not apply to the Department of the Army, the Department of the Navy, end-items used in development, prototyping, and the Department of the Air Force: test activities preceding and leading to acceptance for operational use: Provided further, That funds transferred shall be merged with and available for the same purposes and for the same time period as the appropriations this restriction does not apply to which programs funded within the funds are transferred: National Intelligence Program: Provided further, That the Secretary of Defense may waive this transfer authority is restriction on a case-by-case basis by certifying in addition writing to any other transfer authority provided the Committees on Appropriations of the House of Representatives and the Senate that it is in this Act.the national security interest to do so.

Sec. 8057

(a)
added The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country.
(b)
added Subsection (a) applies with respect to—
(1)
added contracts and subcontracts entered into on or after the date of the enactment of this Act; and
(2)
added options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a).
(c)
added Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section XI (chapters 50–65) of the Harmonized Tariff Schedule of the United States and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.

removed None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided further, That this restriction does not apply to programs funded within the National Intelligence Program: Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so.

Sec. 8058

added None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business.

(a)
removed The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country.
(b)
removed Subsection (a) applies with respect to—
(1)
removed contracts and subcontracts entered into on or after the date of the enactment of this Act; and
(2)
removed options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a).
(c)
removed Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section XI (chapters 50–65) of the Harmonized Tariff Schedule of the United States and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.

Sec. 8059

changed None Notwithstanding any other provision of the law, funds appropriated or otherwise made available by in this Act under the heading “Research, Development, Test and Evaluation, Defense-Wide” for any new start advanced concept technology demonstration project or other Department of Defense Appropriations Acts joint capability demonstration project may only be obligated or expended for the purpose of performing repairs or maintenance to military family housing units 45 days after a report, including a description of the Department of Defense, including areas project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in such military family housing units that may be used for writing to the purpose of conducting official Department congressional defense committees: Provided, That the Secretary of Defense business.may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so.

Sec. 8060

changed Notwithstanding any other provision of law, funds appropriated in this Act under the heading “Research, Development, Test and Evaluation, Defense-Wide” for any new start advanced concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, including a description of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees: Provided, That the The Secretary of Defense may waive this restriction on shall continue to provide a case-by-case basis by certifying classified quarterly report to the congressional defense committees that it is House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the national interest to do so.classified annex accompanying this Act.

Sec. 8061

changed The Secretary Notwithstanding section 12310(b) of Defense shall continue to provide title 10, United States Code, a classified quarterly report to Reserve who is a member of the House and Senate Appropriations Committees, Subcommittees on Defense National Guard serving on certain matters as directed full-time National Guard duty under section 502(f) of title 32, United States Code, may perform duties in support of the classified annex accompanying this Act.ground-based elements of the National Ballistic Missile Defense System.

Sec. 8062

changed Notwithstanding section 12310(b) of title 10, United States Code, a Reserve who is a member None of the National Guard serving on full-time National Guard duty under section 502(f) funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of title 32, Defense that has a center-fire cartridge and a United States Code, may perform duties in support military nomenclature designation of “armor penetrator”, “armor piercing (AP)”, “armor piercing incendiary (API)”, or “armor-piercing incendiary tracer (API–T)”, except to an entity performing demilitarization services for the ground-based elements Department of Defense under a contract that requires the National Ballistic Missile entity to demonstrate to the satisfaction of the Department of Defense System.that armor piercing projectiles are either:

(1)
added rendered incapable of reuse by the demilitarization process; or
(2)
added 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. 8063

changed None Notwithstanding any other provision of law, the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by Chief of the Department National Guard Bureau, or his designee, may waive payment of Defense all or part of the consideration that has a center-fire cartridge and a otherwise would be required under section 2667 of title 10, United States military nomenclature designation of “armor penetrator”, “armor piercing (AP)”, “armor piercing incendiary (API)”, or “armor-piercing incendiary tracer (API–T)”, except to an entity performing demilitarization services for Code, in the Department case of Defense under a contract that requires the entity to demonstrate lease of personal property for a period not in excess of 1 year to the satisfaction any organization specified in section 508(d) of title 32, United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Department Chief of Defense that armor piercing projectiles are either:the National Guard Bureau, or his designee, on a case-by-case basis.

(1)
removed rendered incapable of reuse by the demilitarization process; or
(2)
removed 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. 8064

changed Notwithstanding Of the amounts appropriated in this Act under the heading “Operation and Maintenance, Army”, $75,950,170 shall remain available until expended: Provided, That, notwithstanding any other provision of law, the Chief Secretary of the National Guard Bureau, or his designee, may waive payment Defense is authorized to transfer such funds to other activities of all or part the Federal Government: Provided further, That the Secretary of Defense is authorized to enter into and carry out contracts for the consideration that otherwise would be required under section 2667 acquisition of title 10, United States Code, in real property, construction, personal services, and operations related to projects carrying out the case purposes of a lease this section: Provided further, That contracts entered into under the authority of personal property this section may provide for a period not in excess of 1 year such indemnification as the Secretary determines to any organization specified in be necessary: Provided further, That projects authorized by this section 508(d) of title 32, United States Code, or any other youth, social, or fraternal nonprofit organization shall comply with applicable Federal, State, and local law to the maximum extent consistent with the national security, as may be approved determined by the Chief Secretary of the National Guard Bureau, or his designee, on a case-by-case basis.Defense.

Sec. 8065

(a)
added None of the funds appropriated in this or any other Act may be used to take any action to modify—
(1)
added the appropriations account structure for the National Intelligence Program budget, including through the creation of a new appropriation or new appropriation account;
(2)
added how the National Intelligence Program budget request is presented in the unclassified P–1, R–1, and O–1 documents supporting the Department of Defense budget request;
(3)
added the process by which the National Intelligence Program appropriations are apportioned to the executing agencies; or
(4)
added the process by which the National Intelligence Program appropriations are allotted, obligated and disbursed.
(b)
added Nothing in section (a) shall be construed to prohibit the merger of programs or changes to the National Intelligence Program budget at or below the Expenditure Center level, provided such change is otherwise in accordance with paragraphs (a)(1)–(3).
(c)
added The Director of National Intelligence and the Secretary of Defense may jointly, only for the purposes of achieving auditable financial statements and improving fiscal reporting, study and develop detailed proposals for alternative financial management processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative processes will adversely affect counterintelligence.
(d)
added Upon development of the detailed proposals defined under subsection (c), the Director of National Intelligence and the Secretary of Defense shall—
(1)
added provide the proposed alternatives to all affected agencies;
(2)
added receive certification from all affected agencies attesting that the proposed alternatives will help achieve auditability, improve fiscal reporting, and will not adversely affect counterintelligence; and
(3)
added not later than 30 days after receiving all necessary certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees.
(e)
added This section shall not be construed to alter or affect the application of section 1633 of the National Defense Authorization Act for Fiscal Year 2016 to the amounts made available by this Act.

removed Of the amounts appropriated in this Act under the heading “Operation and Maintenance, Army”, $75,950,170 shall remain available until expended: Provided, That, notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such funds to other activities of the Federal Government: Provided further, That the Secretary of Defense is authorized to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section: Provided further, That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be necessary: Provided further, That projects authorized by this section shall comply with applicable Federal, State, and local law to the maximum extent consistent with the national security, as determined by the Secretary of Defense.

Sec. 8066

added In addition to amounts provided elsewhere in this Act, $5,000,000 (increased by $5,000,000) 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.

(a)
removed None of the funds appropriated in this or any other Act may be used to take any action to modify—
(1)
removed the appropriations account structure for the National Intelligence Program budget, including through the creation of a new appropriation or new appropriation account;
(2)
removed how the National Intelligence Program budget request is presented in the unclassified P–1, R–1, and O–1 documents supporting the Department of Defense budget request;
(3)
removed the process by which the National Intelligence Program appropriations are apportioned to the executing agencies; or
(4)
removed the process by which the National Intelligence Program appropriations are allotted, obligated and disbursed.
(b)
removed Nothing in section (a) shall be construed to prohibit the merger of programs or changes to the National Intelligence Program budget at or below the Expenditure Center level, provided such change is otherwise in accordance with paragraphs (a)(1)-(3).
(c)
removed The Director of National Intelligence and the Secretary of Defense may jointly, only for the purposes of achieving auditable financial statements and improving fiscal reporting, study and develop detailed proposals for alternative financial management processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative processes will adversely affect counterintelligence.
(d)
removed Upon development of the detailed proposals defined under subsection (c), the Director of National Intelligence and the Secretary of Defense shall—
(1)
removed provide the proposed alternatives to all affected agencies;
(2)
removed receive certification from all affected agencies attesting that the proposed alternatives will help achieve auditability, improve fiscal reporting, and will not adversely affect counterintelligence; and
(3)
removed not later than 30 days after receiving all necessary certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees.
(e)
removed This section shall not be construed to alter or affect the application of section 1633 of the National Defense Authorization Act for Fiscal Year 2016 to the amounts made available by this Act.

Sec. 8067

changed In addition to Of the amounts provided elsewhere appropriated in this Act, $5,000,000 is hereby appropriated to Act under the Department of Defense, to remain available headings “Procurement, Defense-Wide” and “Research, Development, Test and Evaluation, Defense-Wide”, $600,735,000 (increased by $10,000,000) (increased by $25,000,000) shall be for obligation until expended: the Israeli Cooperative Programs: Provided, That notwithstanding any other provision of law, that upon the determination of this amount, $62,000,000 (increased by $10,000,000) shall be for the Secretary of Defense that it to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats, subject to the U.S.-Israel Iron Dome Procurement Agreement, as amended; $266,511,000 shall serve be for the national interest, these funds Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program, of which $150,000,000 shall be available only for co-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, of which not more than $90,000,000, subject to previously established transfer procedures, may be obligated or expended until establishment of a grant U.S.-Israeli co-production agreement for SRBMD; $204,893,000 shall be for an upper-tier component to the Fisher House Foundation, Inc., only Israeli Missile Defense Architecture, of which $120,000,000 shall be for co-production activities of Arrow 3 Upper Tier missiles in the construction United States and furnishing of additional Fisher Houses in Israel to meet the needs of military family members when confronted Israel’s defense requirements consistent with the illness each nation’s laws, regulations, and procedures, of which not more than $70,000,000, subject to previously established transfer procedures, may be obligated or hospitalization expended until establishment of an eligible military beneficiary.a U.S.-Israeli co-production agreement for Arrow 3 Upper Tier; and $67,331,000 shall be for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite: Provided further, That the transfer authority provided under this provision is in addition to any other transfer authority contained in this Act.

Sec. 8068

changed Of the amounts appropriated in this Act under the headings “Procurement, Defense-Wide” and “Research, Development, Test heading “Shipbuilding and Evaluation, Defense-Wide”, $600,735,000 Conversion, Navy”, $160,274,000 shall be for the Israeli Cooperative Programs: available until September 30, 2017, to fund prior year shipbuilding cost increases: Provided, That upon enactment of this amount, $62,000,000 shall be for Act, the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats, subject to the U.S.-Israel Iron Dome Procurement Agreement, as amended; $266,511,000 Navy shall be for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under transfer funds to the SRBMD program, of which $150,000,000 shall be for co-production activities of SRBMD missiles following appropriations in the United States and in Israel to meet Israel's defense requirements consistent with each nation's laws, regulations, and procedures, of which not more than $90,000,000, subject to previously established transfer procedures, may be obligated or expended until establishment of a U.S.-Israeli co-production agreement for SRBMD; $204,893,000 shall be for an upper-tier component to amounts specified: Provided further, That the Israeli Missile Defense Architecture, of which $120,000,000 amounts transferred shall be for co-production activities of Arrow 3 Upper Tier missiles in the United States and in Israel to meet Israel’s defense requirements consistent merged with each nation’s laws, regulations, and procedures, of which not more than $70,000,000, subject to previously established transfer procedures, may be obligated or expended until establishment of a U.S.-Israeli co-production agreement for Arrow 3 Upper Tier; and $67,331,000 shall be available for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite: Provided further, That same purposes as the transfer authority provided under this provision is in addition appropriations to any other transfer authority contained in this Act.which transferred to:

(1)
added Under the heading “Shipbuilding and Conversion, Navy”, 2012/2017: LPD–17 Amphibious Transport Dock Program $45,060,000;
(2)
added Under the heading “Shipbuilding and Conversion, Navy”, 2011/2017: DDG–51 Destroyer $15,959,000;
(3)
added Under the heading “Shipbuilding and Conversion, Navy”, 2012/2017: Littoral Combat Ship $3,600,000;
(4)
added Under the heading “Shipbuilding and Conversion, Navy”, 2013/2017: Littoral Combat Ship $82,400,000;
(5)
added Under the heading “Shipbuilding and Conversion, Navy”, 2012/2017: Expeditionary Fast Transport $6,710,000; and
(6)
added Under the heading “Shipbuilding and Conversion, Navy”, 2013/2017: Expeditionary Fast Transport $6,545,000.

Sec. 8069

changed Of the amounts Funds appropriated in by this Act under the heading “Shipbuilding and Conversion, Navy”, $160,274,000 shall be Act, or made available until September 30, 2017, to fund prior year shipbuilding cost increases: Provided, That upon enactment by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Secretary Congress for purposes of the Navy shall transfer funds to section 504 of the following appropriations in National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2017 until the amounts specified: Provided further, That enactment of the amounts transferred shall be merged with and be available Intelligence Authorization Act for the same purposes as the appropriations to which transferred to:Fiscal Year 2017.

(1)
removed Under the heading “Shipbuilding and Conversion, Navy”, 2012/2017: LPD–17 Amphibious Transport Dock Program $45,060,000;
(2)
removed Under the heading “Shipbuilding and Conversion, Navy”, 2011/2017: DDG–51 Destroyer $15,959,000;
(3)
removed Under the heading “Shipbuilding and Conversion, Navy”, 2012/2017: Littoral Combat Ship $3,600,000;
(4)
removed Under the heading “Shipbuilding and Conversion, Navy”, 2013/2017: Littoral Combat Ship $82,400,000;
(5)
removed Under the heading “Shipbuilding and Conversion, Navy”, 2012/2017: Expeditionary Fast Transport $6,710,000; and
(6)
removed Under the heading “Shipbuilding and Conversion, Navy”, 2013/2017: Expeditionary Fast Transport $6,545,000.

Sec. 8070

changed Funds appropriated by this Act, or made available by the transfer None of the funds provided in this Act, for intelligence activities are deemed to Act shall be specifically authorized by the Congress available for purposes of section 504 of the National Security Act obligation or expenditure through a reprogramming of 1947 (50 U.S.C. 3094) during fiscal year 2017 until funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the enactment interest of national security and only after written prior notification to the Intelligence Authorization Act for Fiscal Year 2017.congressional defense committees.

Sec. 8071

changed None The budget of the funds provided in this Act President for fiscal year 2018 submitted to the Congress pursuant to section 1105 of title 31, United States Code, shall be available include separate budget justification documents for obligation or expenditure through costs of United States Armed Forces’ participation in contingency operations for the Military Personnel accounts, the Operation and Maintenance accounts, the Procurement accounts, and the Research, Development, Test and Evaluation accounts: Provided, That these documents shall include a reprogramming description of funds that creates the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account: Provided further, That these documents shall include estimated costs for each element of expense or initiates object class, a new program, project, or activity unless such program, project, or activity must be undertaken immediately reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop strength for each Active and Reserve component, and estimates of the major weapons systems deployed in support of each contingency: Provided further, That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the interest Department of national security Defense Financial Management Regulation) for all contingency operations for the budget year and only after written prior notification to the congressional defense committees.two preceding fiscal years.

Sec. 8072

changed The budget None of the President for fiscal year 2018 submitted to the Congress pursuant to section 1105 of title 31, United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation funds in contingency operations for the Military Personnel accounts, the Operation and Maintenance accounts, the Procurement accounts, and the Research, Development, Test and Evaluation accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account: Provided further, That these documents shall include estimated costs this Act may be used for each element of expense research, development, test, evaluation, procurement or object class, a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop strength for each Active and Reserve component, and estimates of the major weapons systems deployed in support deployment of each contingency: Provided further, That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the Department nuclear armed interceptors of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal years.a missile defense system.

Sec. 8073

changed None Notwithstanding any other provision of this Act, to reflect savings due to favorable foreign exchange rates, the funds total amount appropriated in this Act may be used for research, development, test, evaluation, procurement or deployment of nuclear armed interceptors of a missile defense system.is hereby reduced by $573,400,000.

Sec. 8074

changed Notwithstanding any other provision None of this Act, to reflect savings due to favorable foreign exchange rates, the total amount funds appropriated or made available in this Act is hereby reduced by $573,400,000.shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, That the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season.

Sec. 8075

changed None of the funds appropriated or made available provided in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron available for integration of the Air Force Reserve, if such action would reduce foreign intelligence information unless the WC–130 Weather Reconnaissance mission below information has been lawfully collected and processed during the levels funded in this Act: conduct of authorized foreign intelligence activities: Provided, That the Air Force shall allow the 53rd Weather Reconnaissance Squadron information pertaining to perform other missions United States persons shall only be handled in support accordance with protections provided in the Fourth Amendment of national defense requirements during the non-hurricane season.United States Constitution as implemented through Executive Order No. 12333.

Sec. 8076

(a)
added None of the funds appropriated by this Act may be used to transfer research and development, acquisition, or other program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army.
(b)
added The Army shall retain responsibility for and operational control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters relating to the employment of unmanned aerial vehicles.

removed None of the funds provided in this Act shall be available for integration of foreign intelligence information unless the information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities: Provided, That information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as implemented through Executive Order No. 12333.

Sec. 8077

added Up to $15,000,000 of the funds appropriated under the heading “Operation and Maintenance, Navy” may be made available for the Asia Pacific Regional Initiative Program for the purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses: Provided further, That funds may not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.

(a)
removed None of the funds appropriated by this Act may be used to transfer research and development, acquisition, or other program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army.
(b)
removed The Army shall retain responsibility for and operational control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters relating to the employment of unmanned aerial vehicles.

Sec. 8078

changed Up to $15,000,000 None of the funds appropriated under the heading “Operation and Maintenance, Navy” may be made available for the Asia Pacific Regional Initiative Program by this Act for the purpose programs of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment Office of incremental and personnel costs the Director of training and exercising with foreign security forces: Provided, That funds made National Intelligence shall remain available for this purpose may be used, notwithstanding any other funding authorities obligation beyond the current fiscal year, except for humanitarian assistance, security assistance or combined exercise expenses: Provided further, That funds may not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.appropriated for research and technology, which shall remain available until September 30, 2018.

Sec. 8079

changed None For purposes of the funds appropriated by this Act for programs section 1553(b) of the Office title 31, United States Code, any subdivision of appropriations made in this Act under the Director of National Intelligence heading “Shipbuilding and Conversion, Navy” shall remain available be considered to be for obligation beyond the current same purpose as any subdivision under the heading “Shipbuilding and Conversion, Navy” appropriations in any prior fiscal year, except for funds appropriated for research and technology, which the 1 percent limitation shall remain available until September 30, 2018.apply to the total amount of the appropriation.

Sec. 8080

(a)
added Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2017: Provided, That the report shall include—
(1)
added a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2)
added a delineation in the table for each appropriation by Expenditure Center and project; and
(3)
added an identification of items of special congressional interest.
(b)
added None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.

removed For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading “Shipbuilding and Conversion, Navy” shall be considered to be for the same purpose as any subdivision under the heading “Shipbuilding and Conversion, Navy” appropriations in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation.

Sec. 8081

added None of the funds made available by this Act may be used to eliminate, restructure, or realign Army Contracting Command—New Jersey or make disproportionate personnel reductions at any Army Contracting Command—New Jersey sites without 30-day prior notification to the congressional defense committees.

(a)
removed Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2017: Provided, That the report shall include—
(1)
removed a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2)
removed a delineation in the table for each appropriation by Expenditure Center and project; and
(3)
removed an identification of items of special congressional interest.
(b)
removed None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.

Sec. 8082

changed None of the funds made available by this Act for excess defense articles, assistance under section 2282 of title 10, United States Code, or peacekeeping operations for the countries designated annually to be in violation of the standards of the Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22 U.S.C. 2370c et seq.) may be used to eliminate, restructure, or realign Army Contracting Command—New Jersey or make disproportionate personnel reductions at support any Army Contracting Command—New Jersey sites without 30-day prior notification to military training or operation that includes child soldiers, as defined by the congressional defense committees.Child Soldiers Prevention Act of 2008, unless such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008.

Sec. 8083

changed None of Of the funds made appropriated in the Intelligence Community Management Account for the Program Manager for the Information Sharing Environment, $17,000,000 is available by this Act for excess defense articles, assistance under section 2282 transfer by the Director of title 10, United States Code, or peacekeeping operations National Intelligence to other departments and agencies for the countries designated annually purposes of Government-wide information sharing activities: Provided, That funds transferred under this provision are to be in violation of merged with and available for the standards of same purposes and time period as the Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22 U.S.C. 2370c et seq.) may be used appropriation to support any military training or operation that includes child soldiers, as defined by which transferred: Provided further, That the Child Soldiers Prevention Act Office of 2008, unless such assistance is otherwise permitted Management and Budget must approve any transfers made under section 404 of the Child Soldiers Prevention Act of 2008.this provision.

Sec. 8084

(a)
added None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C. 3024(d)) that—
(1)
added creates a new start effort;
(2)
added terminates a program with appropriated funding of $10,000,000 or more;
(3)
added transfers funding into or out of the National Intelligence Program; or
(4)
added transfers funding between appropriations, unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements.
(b)
added None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements.

removed Of the funds appropriated in the Intelligence Community Management Account for the Program Manager for the Information Sharing Environment, $17,000,000 is available for transfer by the Director of National Intelligence to other departments and agencies for purposes of Government-wide information sharing activities: Provided, That funds transferred under this provision are to be merged with and available for the same purposes and time period as the appropriation to which transferred: Provided further, That the Office of Management and Budget must approve any transfers made under this provision.

Sec. 8085

added The Director of National Intelligence shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31, United States Code, a future-years intelligence program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years intelligence program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.

(a)
removed None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C. 3024(d)) that—
(1)
removed creates a new start effort;
(2)
removed terminates a program with appropriated funding of $10,000,000 or more;
(3)
removed transfers funding into or out of the National Intelligence Program; or
(4)
removed transfers funding between appropriations, unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements.
(b)
removed None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements.

Sec. 8086

changed The Director For the purposes of National this Act, the term “congressional intelligence committees” means the Permanent Select Committee on Intelligence shall submit to Congress each year, at or about of the time that House of Representatives, the President's budget is submitted to Congress that year under section 1105(a) Select Committee on Intelligence of title 31, United States Code, a future-years intelligence program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years intelligence program shall cover Senate, the fiscal year with respect to which Subcommittee on Defense of the budget is submitted Committee on Appropriations of the House of Representatives, and at least the four succeeding fiscal years.Subcommittee on Defense of the Committee on Appropriations of the Senate.

Sec. 8087

changed For the purposes The Department of this Act, the term “congressional intelligence committees” means the Permanent Select Committee Defense shall continue to report incremental contingency operations costs for Operation Inherent Resolve, Operation Freedom's Sentinel, and any named successor operations, on Intelligence of a monthly basis and any other operation designated and identified by the House Secretary of Representatives, Defense for the Select Committee on Intelligence purposes of the Senate, the Subcommittee on Defense section 127a of the Committee title 10, United States Code, on Appropriations of a semi-annual basis in the House Cost of Representatives, and War Execution Report as prescribed in the Subcommittee on Defense Department of the Committee on Appropriations Defense Financial Management Regulation Department of the Senate.Defense Instruction 7000.14, Volume 12, Chapter 23 “Contingency Operations”, Annex 1, dated September 2005.

Sec. 8088

changed The Department of Defense shall continue During the current fiscal year, not to report incremental contingency operations costs exceed $11,000,000 from each of the appropriations made in title II of this Act for Operation Inherent Resolve, Operation Freedom's Sentinel, “Operation and any named successor operations, on a monthly basis Maintenance, Army”, “Operation and any other operation designated Maintenance, Navy”, and identified “Operation and Maintenance, Air Force” may be transferred by the Secretary of Defense military department concerned to its central fund established for the purposes of Fisher Houses and Suites pursuant to section 127a 2493(d) of title 10, United States Code, on a semi-annual basis in the Cost of War Execution Report as prescribed in the Department of Defense Financial Management Regulation Department of Defense Instruction 7000.14, Volume 12, Chapter 23 “Contingency Operations”, Annex 1, dated September 2005.Code.

Sec. 8089

changed During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of Funds appropriated by this Act for “Operation and Maintenance, Army”, “Operation and Maintenance, Navy”, and “Operation and Maintenance, Air Force” may be transferred by the military department concerned to its central fund established available for Fisher Houses the purpose of making remittances and Suites pursuant transfers to the Defense Acquisition Workforce Development Fund in accordance with section 2493(d) 1705 of title 10, United States Code.

Sec. 8090

(a)
added Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest.
(b)
added Subsection (a) shall not apply to a report if—
(1)
added the public posting of the report compromises national security; or
(2)
added the report contains proprietary information.
(c)
added The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days.

removed Funds appropriated by this Act may be available for the purpose of making remittances and transfers to the Defense Acquisition Workforce Development Fund in accordance with section 1705 of title 10, United States Code.

Sec. 8091

(a)
changed Any agency receiving None of the funds appropriated or otherwise made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or Act may be expended for any other Act, upon the determination by the head Federal contract for an amount in excess of the agency that it shall serve $1,000,000, unless the national interest.contractor agrees not to—
(1)
added enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or
(2)
added take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.
(b)
changed Subsection (a) shall None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract unless the contractor certifies that it requires each covered subcontractor to agree not apply to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1) and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes of this subsection, a report if—“covered subcontractor” is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a).
(1)
removed the public posting of the report compromises national security; or
(2)
removed the report contains proprietary information.
(c)
changed The head of the agency posting such report shall prohibitions in this section do so only after such report has been made available not apply with respect to the requesting Committee a contractor's or Committees subcontractor's agreements with employees or independent contractors that may not be enforced in a court of Congress for no less than 45 days.the United States.
(d)
added The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded.

Sec. 8092

added From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $122,375,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111–84: Provided, That for purposes of section 1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to the Committees on Appropriations of the House of Representatives and the Senate.

(a)
removed None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to—
(1)
removed enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or
(2)
removed take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.
(b)
removed None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract unless the contractor certifies that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1) and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes of this subsection, a “covered subcontractor” is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a).
(c)
removed The prohibitions in this section do not apply with respect to a contractor's or subcontractor's agreements with employees or independent contractors that may not be enforced in a court of the United States.
(d)
removed The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded.

Sec. 8093

changed From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $122,375,000, shall be Appropriations available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111–84: Provided, That for purposes of section 1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance used for the Defense Health Program to the Joint Department of Defense-Department purchase of Veterans Affairs Medical Facility Demonstration Fund upon written notification by heavy and light armored vehicles for the Secretary physical security of Defense personnel or for force protection purposes up to the Committees on Appropriations a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the House purchase of Representatives and the Senate.passenger carrying vehicles.

Sec. 8094

changed Appropriations available to the Department None of Defense the funds appropriated or otherwise made available by this Act may be used for the purchase of heavy and light armored vehicles for by the physical security Department of personnel Defense or for force protection purposes up to a limit component thereof in contravention of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase provisions of passenger carrying vehicles.section 130h of title 10, United States Code.

Sec. 8095

changed None Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget, transfer not to exceed $1,000,000,000 of the funds appropriated or otherwise made available by in this Act for the National Intelligence Program: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Department of Defense or Congress: Provided further, That a component thereof in contravention of the provisions request for multiple reprogrammings of funds using authority provided in this section 130h of title 10, United States Code.shall be made prior to June 30, 2017.

Sec. 8096

changed Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget, transfer not to exceed $1,000,000,000 None of the funds appropriated or otherwise made available in this or any other Act for the National Intelligence Program: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and to transfer, release, or assist in no case where the item for which funds are requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior transfer or release to June 30, 2017.or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—

(1)
added is not a United States citizen or a member of the Armed Forces of the United States; and
(2)
added is or was held on or after June 24, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

Sec. 8097

(a)
added None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense.

removed None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—

(b)
changed is The prohibition in subsection (a) shall not a United States citizen or a member of the Armed Forces apply to any modification of the facilities at United States; andStates Naval Station, Guantanamo Bay, Cuba.
(c)
changed An individual described in this subsection is or was held on or after any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.and who—
(1)
added is not a citizen of the United States or a member of the Armed Forces of the United States; and
(2)
added is—
(A)
added in the custody or under the effective control of the Department of Defense; or
(B)
added otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 8098

added None of the funds appropriated or otherwise made available in this Act may be used to transfer any individual detained at United States Naval Station Guantanamo Bay, Cuba, to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity except in accordance with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) and section 1034 of the National Defense Authorization Act for Fiscal Year 2017.

(a)
removed None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense.
(b)
removed The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c)
removed An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who—
(1)
removed is not a citizen of the United States or a member of the Armed Forces of the United States; and
(2)
removed is—
(A)
removed in the custody or under the effective control of the Department of Defense; or
(B)
removed otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 8099

changed None of the funds appropriated or otherwise made available in by this Act may be used to transfer any individual detained at United States Naval Station Guantanamo Bay, Cuba, to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity except in accordance with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) and section 1034 contravention of the National Defense Authorization Act for Fiscal Year 2017.War Powers Resolution (50 U.S.C. 1541 et seq.).

Sec. 8100

changed None of the funds made available by this Act may be used in contravention of by the War Powers Resolution (50 U.S.C. 1541 et seq.).Department of Defense or any other Federal agency to lease or purchase new light duty vehicles, for any executive fleet, or for any agency's fleet inventory, except in accordance with Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011.

Sec. 8101

(a)
added None of the funds appropriated or otherwise made available by this or any other Act may be used by the Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.
(b)
added The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary of State and the Director of National Intelligence, determines that it is in the vital national security interest of the United States to do so, and certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge:
(1)
added Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic;
(2)
added The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine; and
(3)
added Agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine.
(c)
added The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport with respect to a waiver issued by the Secretary of Defense pursuant to subsection (b), and not later than 90 days after the date on which such a waiver is issued by the Secretary of Defense, the Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with respect to such waiver.

removed None of the funds made available by this Act may be used by the Department of Defense or any other Federal agency to lease or purchase new light duty vehicles, for any executive fleet, or for any agency's fleet inventory, except in accordance with Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011.

Sec. 8102

added None of the funds made available in this Act may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under section 2533a(b) of title 10, United States Code.

(a)
removed None of the funds appropriated or otherwise made available by this or any other Act may be used by the Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.
(b)
removed The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary of State and the Director of National Intelligence, determines that it is in the vital national security interest of the United States to do so, and certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge:
(1)
removed Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic;
(2)
removed The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine; and
(3)
removed Agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine.
(c)
removed The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport with respect to a waiver issued by the Secretary of Defense pursuant to subsection (b), and not later than 90 days after the date on which such a waiver is issued by the Secretary of Defense, the Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with respect to such waiver.

Sec. 8103

(a)
added Of the funds appropriated in this Act for the Department of Defense, amounts may be made available, under such regulations as the Secretary of Defense may prescribe, to local military commanders appointed by the Secretary, or by an officer or employee designated by the Secretary, to provide at their discretion ex gratia payments in amounts consistent with subsection (d) of this section for damage, personal injury, or death that is incident to combat operations of the Armed Forces in a foreign country.
(b)
added An ex gratia payment under this section may be provided only if—
(1)
added the prospective foreign civilian recipient is determined by the local military commander to be friendly to the United States;
(2)
added a claim for damages would not be compensable under chapter 163 of title 10, United States Code (commonly known as the “Foreign Claims Act”); and
(3)
added the property damage, personal injury, or death was not caused by action by an enemy.
(c)
added Nature of payments— Any payments provided under a program under subsection (a) shall not be considered an admission or acknowledgement of any legal obligation to compensate for any damage, personal injury, or death.
(d)
added Amount of payments— If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of payments, if any, to be provided to civilians determined to have suffered harm incident to combat operations of the Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and based on an assessment, which should include such factors as cultural appropriateness and prevailing economic conditions.
(e)
added Legal advice— Local military commanders shall receive legal advice before making ex gratia payments under this subsection. The legal advisor, under regulations of the Department of Defense, shall advise on whether an ex gratia payment is proper under this section and applicable Department of Defense regulations.
(f)
added Written record— A written record of any ex gratia payment offered or denied shall be kept by the local commander and on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense.
(g)
added Report— The Secretary of Defense shall report to the congressional defense committees on an annual basis the efficacy of the ex gratia payment program including the number of types of cases considered, amounts offered, the response from ex gratia payment recipients, and any recommended modifications to the program.

removed None of the funds made available in this Act may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under section 2533a(b) of title 10, United States Code.

Sec. 8104

added None of the funds available in this Act to the Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades or maintenance activities, shall be used to reduce or to prepare to reduce the number of deployed and non-deployed strategic delivery vehicles and launchers below the levels set forth in the report submitted to Congress in accordance with section 1042 of the National Defense Authorization Act for Fiscal Year 2012.

(a)
removed Of the funds appropriated in this Act for the Department of Defense, amounts may be made available, under such regulations as the Secretary of Defense may prescribe, to local military commanders appointed by the Secretary, or by an officer or employee designated by the Secretary, to provide at their discretion ex gratia payments in amounts consistent with subsection (d) of this section for damage, personal injury, or death that is incident to combat operations of the Armed Forces in a foreign country.
(b)
removed An ex gratia payment under this section may be provided only if—
(1)
removed the prospective foreign civilian recipient is determined by the local military commander to be friendly to the United States;
(2)
removed a claim for damages would not be compensable under chapter 163 of title 10, United States Code (commonly known as the “Foreign Claims Act”); and
(3)
removed the property damage, personal injury, or death was not caused by action by an enemy.
(c)
removed Nature of payments— Any payments provided under a program under subsection (a) shall not be considered an admission or acknowledgement of any legal obligation to compensate for any damage, personal injury, or death.
(d)
removed Amount of payments— If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of payments, if any, to be provided to civilians determined to have suffered harm incident to combat operations of the Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and based on an assessment, which should include such factors as cultural appropriateness and prevailing economic conditions.
(e)
removed Legal advice— Local military commanders shall receive legal advice before making ex gratia payments under this subsection. The legal advisor, under regulations of the Department of Defense, shall advise on whether an ex gratia payment is proper under this section and applicable Department of Defense regulations.
(f)
removed Written record— A written record of any ex gratia payment offered or denied shall be kept by the local commander and on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense.
(g)
removed Report— The Secretary of Defense shall report to the congressional defense committees on an annual basis the efficacy of the ex gratia payment program including the number of types of cases considered, amounts offered, the response from ex gratia payment recipients, and any recommended modifications to the program.

Sec. 8105

changed None of the funds available in this Act to the Department The Secretary of Defense, other than appropriations made for necessary or routine refurbishments, upgrades or maintenance activities, Defense shall be used to reduce or to prepare to reduce the number of deployed and non-deployed strategic delivery vehicles and launchers below the levels set forth in the report submitted to Congress post grant awards on a public Web site in accordance with section 1042 of the National Defense Authorization Act for Fiscal Year 2012.a searchable format.

Sec. 8106

changed The Secretary None of Defense shall post grant awards on the funds made available by this Act may be used to fund the performance of a public Web site in flight demonstration team at a searchable format.location outside of the United States: Provided, That this prohibition applies only if a performance of a flight demonstration team at a location within the United States was canceled during the current fiscal year due to insufficient funding.

Sec. 8107

changed None of the funds made available by this Act may be used to fund the performance of a flight demonstration team at a location outside of the United States: Provided, That this prohibition applies only if a performance of a flight demonstration team at a location within the United States was canceled during by the current fiscal year due to insufficient funding.National Security Agency to—

(1)
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
(2)
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.

Sec. 8108

changed None of the funds made available by this Act may be used by obligated or expended to implement the National Security Agency to—Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty.

(1)
removed 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
(2)
removed 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.

Sec. 8109

changed None of the funds made available by in this or any other Act may be obligated used to pay the salary of any officer or expended employee of any agency funded by this Act who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to implement the Arms Trade Treaty until jurisdiction of another Federal agency not financed by this Act without the Senate approves a resolution express authorization of ratification Congress: Provided, That this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Treaty.Department of Defense.

Sec. 8110

changed None of the funds made available in this or any other Act may be used to pay the salary of any officer or employee obligated for activities authorized under section 1208 of any agency funded by this the Ronald W. Reagan National Defense Authorization Act who approves for Fiscal Year 2005 (Public Law 112–81; 125 Stat. 1621) to initiate support for, or implements the transfer of administrative responsibilities expand support to, foreign forces, irregular forces, groups, or budgetary resources individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified annex accompanying this Act, not less than 15 days before initiating such support: Provided, That none of the funds made available in this Act may be used under section 1208 for any program, project, or activity financed that is not in support of an ongoing military operation being conducted by this Act United States Special Operations Forces to combat terrorism: Provided further, That the jurisdiction Secretary of another Federal agency not financed by this Act without Defense may waive the express authorization of Congress: Provided, That prohibitions in this limitation shall section if the Secretary determines that such waiver is required by extraordinary circumstances and, by not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for later than 72 hours after making such waiver, notifies the Department congressional defense committees of Defense.such waiver.

Sec. 8111

changed None of the funds made available in by this Act may be obligated for activities authorized under section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 112–81; 125 Stat. 1621) to initiate support for, or expand support to, foreign forces, irregular forces, groups, or individuals unless the congressional defense committees are notified in accordance used with the direction contained respect to Iraq in the classified annex accompanying this Act, not less than 15 days before initiating such support: Provided, That none contravention of the funds made available in this Act may be used under section 1208 War Powers Resolution (50 U.S.C. 1541 et seq.), including for any activity that is not in support the introduction of an ongoing military operation being conducted by United States Special Operations Forces to combat terrorism: Provided further, That the Secretary of Defense may waive the prohibitions armed forces into hostilities in this section if the Secretary determines that such waiver Iraq, into situations in Iraq where imminent involvement in hostilities is required by extraordinary circumstances and, clearly indicated by not later than 72 hours after making such waiver, notifies the circumstances, or into Iraqi territory, airspace, or waters while equipped for combat, in contravention of the congressional defense committees consultation and reporting requirements of sections 3 and 4 of such waiver.Resolution (50 U.S.C. 1542 and 1543).

Sec. 8112

changed 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 divest, retire, transfer, or place in hostilities is clearly indicated by the circumstances, storage or into Iraqi territory, airspace, on backup aircraft inventory status, or waters while equipped for combat, prepare to divest, retire, transfer, or place in contravention storage or on backup aircraft inventory status, any A–10 aircraft, or to disestablish any units of the congressional consultation and reporting requirements of sections 3 and 4 of active or reserve component associated with such Resolution (50 U.S.C. 1542 and 1543).aircraft.

Sec. 8113

changed None of Of the funds made available by provided for “Research, Development, Test and Evaluation, Defense-Wide” in this Act may Act, not less than $2,800,000 shall be used to divest, retire, transfer, or place in storage or on backup aircraft inventory status, or prepare to divest, retire, transfer, or place in storage or on backup aircraft inventory status, any A–10 aircraft, or support the Department's activities related to disestablish any units the implementation of the active Digital Accountability and Transparency Act (Public Law 113–101; 31 U.S.C. 6101 note) and to support the implementation of a uniform procurement instrument identifier as described in subpart 4.16 of Title 48, Code of Federal Regulations, to include changes in business processes, workforce, or reserve component associated with such aircraft.information technology.

Sec. 8114

changed Of None of the funds provided for “Research, Development, Test and Evaluation, Defense-Wide” in this Act, not less than $2,800,000 Act for the T–AO(X) program shall be used to support the Department's activities related to award a new contract that provides for the implementation acquisition of the Digital Accountability following components unless those components are manufactured in the United States: Auxiliary equipment (including pumps) for shipboard services; propulsion equipment (including engines, reduction gears, and Transparency Act (Public Law 113–101; 31 U.S.C. 6101 note) propellers); shipboard cranes; and to support the implementation of a uniform procurement instrument identifier as described in subpart 4.16 of Title 48, Code of Federal Regulations, to include changes in business processes, workforce, or information technology.spreaders for shipboard cranes.

Sec. 8115

changed None of the funds provided The amount appropriated in this Act title II for the T–AO(X) program shall be used “Operation and Maintenance, Army” is hereby reduced by $336,000,000 to award a new contract that provides for the acquisition of the following components unless those components are manufactured reflect excess cash balances in the United States: Auxiliary equipment (including pumps) for shipboard services; propulsion equipment (including engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes.Department of Defense Working Capital Funds.

Sec. 8116

changed The Notwithstanding any other provision of this Act, to reflect savings due to lower than anticipated fuel costs, the total amount appropriated in title II for “Operation and Maintenance, Army” of this Act is hereby reduced by $336,000,000 to reflect excess cash balances in Department of Defense Working Capital Funds.$1,493,000,000.

Sec. 8117

changed Notwithstanding any other provision None of this Act, to reflect savings due to lower than anticipated fuel costs, the total amount appropriated in title II of funds made available by this Act is hereby reduced by $1,493,000,000.may be used to divest or retire, or to prepare to divest or retire, KC–10 aircraft.

Sec. 8118

changed None of the funds made available by this Act may be used to divest or divest, retire, transfer, or to place in storage or on backup aircraft inventory status, or prepare to divest or divest, retire, KC–10 transfer, or place in storage or on backup aircraft inventory status, any EC–130H aircraft.

Sec. 8119

changed None of the funds made available by this Act may be used to divest, retire, transfer, or place in storage for Government Travel Charge Card expenses by military or on backup aircraft inventory status, civilian personnel of the Department of Defense for gaming, or prepare to divest, retire, transfer, for entertainment that includes topless or place in storage nude entertainers or on backup aircraft inventory status, any EC–130H aircraft.participants, as prohibited by Department of Defense FMR, Volume 9, Chapter 3 and Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).

Sec. 8120

changed None of the funds made available by this Act may be used for Government Travel Charge Card expenses by military or civilian personnel of the Department of Defense for gaming, or for entertainment that includes topless to propose, plan for, or nude entertainers execute a new or participants, as prohibited by Department of Defense FMR, Volume 9, Chapter 3 and Department of Defense Instruction 1015.10 (enclosure 3, 14a additional Base Realignment and 14b).Closure (BRAC) round.

Sec. 8121

changed None Funds appropriated in title III of the funds made available by this Act may be used to propose, plan for, or execute for a new or additional Base Realignment multiyear procurement contract as follows: AH–64E Apache Helicopter and Closure (BRAC) round.UH–60M Blackhawk Helicopter.

Sec. 8122

changed Funds Of the amounts appropriated in title III of this Act for “Operation and Maintenance, Navy”, $274,524,000, to remain available until expended, may be used for a multiyear procurement contract as follows: AH-64E Apache Helicopter any purposes related to the National Defense Reserve Fleet established under section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405): Provided, That such amounts are available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States Department of Transportation for programs, projects, activities, and UH-60M Blackhawk Helicopter.expenses related to the National Defense Reserve Fleet.

Sec. 8123

changed Of the amounts funds previously appropriated in this Act for “Operation the “Ship Modernization, Operations and Maintenance, Navy”, $274,524,000, to remain available until expended, Sustainment Fund”, the Secretary of the Navy may transfer such funds to appropriations for research, development, test and evaluation; and procurement, only for the purposes of sustaining, equipping, and modernizing the Ticonderoga-class guided missile cruisers CG–63, CG–64, CG–65, CG–66, CG–67, CG–68, CG–69, CG–70, CG–71, CG–72, CG–73, and the Whidbey Island-class dock landing ships LSD–41, LSD–42, and LSD–46: Provided, That funds transferred shall be used merged with and be available for any the same purposes related and for the same time period as the appropriation to which they are transferred: Provided further, That the National Defense Reserve Fleet established under section 11 transfer authority provided herein shall be in addition to any other transfer authority provided in the Act: Provided further, That the Secretary of the Merchant Ship Sales Act Navy shall, not less than 30 days prior to making any transfer from the “Ship Modernization, Operations and Sustainment Fund”, notify the congressional defense committees in writing of 1946 (50 U.S.C. 4405): Provided, That the details of such amounts are available transfer: Provided further, That the Secretary of the Navy shall transfer and obligate funds from the “Ship Modernization, Operations and Sustainment Fund” for reimbursements to modernization of not more than two Ticonderoga-class guided missile cruisers: Provided further, That no more than six Ticonderoga-class guided missile cruisers shall be in a phased modernization at any time: Provided further, That the Ready Reserve Force, Maritime Administration account Secretary of the Navy shall contract for the required modernization equipment in the year prior to inducting a Ticonderoga-class cruiser for modernization: Provided further, That the prohibition in section 2244a(a) of title 10, United States Department of Transportation for programs, projects, activities, and expenses related Code, shall not apply to the National Defense Reserve Fleet.use of any funds transferred pursuant to this section.

Sec. 8124

changed Of the funds previously appropriated for the “Ship Modernization, Operations and Sustainment Fund”, the The Secretary of the Navy Defense may transfer such funds to appropriations for research, development, test and evaluation; and procurement, only for the purposes of sustaining, equipping, and modernizing the Ticonderoga-class guided missile cruisers CG-63, CG-64, CG-65, CG-66, CG-67, CG-68, CG-69, CG-70, CG-71, CG-72, CG-73, and the Whidbey Island-class dock landing ships LSD-41, LSD-42, and LSD-46: Provided, That funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which they are transferred: Provided further, That the transfer authority provided herein shall be in addition use up to any other transfer authority provided $95,000,000 appropriated in the Act: Provided further, That the Secretary of the Navy shall, not less than 30 days prior to making any transfer from the “Ship Modernization, Operations titles II and Sustainment Fund”, notify the congressional defense committees in writing of the details of such transfer: Provided further, That the Secretary IV of the Navy shall transfer this Act to develop, replace, and obligate funds from the “Ship Modernization, Operations sustain Federal Government security and Sustainment Fund” for modernization suitability background investigation information technology systems of not more than two Ticonderoga-class guided missile cruisers: Provided further, That no more than six Ticonderoga-class guided missile cruisers shall be in a phased modernization at any time: Provided further, That the Secretary Office of the Navy shall contract for the required modernization equipment in the year prior to inducting a Ticonderoga-class cruiser for modernization: Provided further, Personnel Management: Provided, That the prohibition in section 2244a(a) of title 10, United States Code, such funds shall supplement, not apply to the use of supplant any funds transferred pursuant other amounts made available to this section.other Federal agencies for such purposes.

Sec. 8125

changed The Secretary of Defense may use up to $95,000,000 appropriated in titles II and IV of this Act to develop, replace, and sustain Federal Government security and suitability background investigation information technology systems None of the Office of Personnel Management: Provided, That such funds shall supplement, not supplant any other amounts made available to other Federal agencies by this Act for such purposes.the Joint Surveillance Target Attack Radar System recapitalization program may be obligated or expended for pre-milestone B activities after December 31, 2017.

Sec. 8126

changed None of Of the funds amounts made available by this Act for “Defense Working Capital Funds” that are provided for the Joint Surveillance Target Attack Radar System recapitalization program may Defense Working Capital Fund, Defense Commissary Agency (DeCA), not less than $48,000,000 shall be obligated or expended for pre-milestone B activities after December 31, 2017.used to support the transportation of fresh fruits and vegetables to commissaries in Asia and the Pacific.

Sec. 8127

changed Using None of the funds made available by provided in this Act or any other Act, the Secretary of the Air Force, pursuant to a determination under section 2918 of title 10, United States Code, may implement cost-effective agreements shall be used for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany: Provided, That in the City acceptance of Kaiserslautern fresh fruits and vegetables at any commissary in Asia and the Rhine Ordnance Barracks area, Pacific unless such agreements shall include the use of energy sourced domestically fresh fruits and vegetables were grown within the United States as country in which the base load energy commissary was located or were accepted for municipal district heat to use by the United States Defense installations: Provided further, That Commissary Agency at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained from private, regional or municipal services, if provisions are included for a location in the consideration of domestically sourced continental United States energy sources.States.

Sec. 8128

changed Of None of the amounts funds made available by in this Act for “Defense Working Capital Funds” that are provided or any other Act making appropriations for the Defense Working Capital Fund, Department of Defense Commissary Agency (DeCA), not less than $48,000,000 shall may be used to support close, in part or in whole, or transfer, in part or in whole, from the transportation jurisdiction of fresh fruits and vegetables to commissaries in Asia and the Pacific.Department of Defense of the United States, Naval Station Guantanamo Bay.

Sec. 8129

changed None of the funds In addition to amounts provided elsewhere in this Act shall be used for the acceptance of fresh fruits and vegetables at any commissary in Asia military personnel pay, including active duty, reserve and National Guard personnel, $340,000,000 is hereby appropriated to the Pacific unless such fresh fruits Department of Defense and vegetables were grown within the country in which the commissary was located or were accepted made available for use by transfer only to military personnel accounts: Provided, That the Defense Commissary Agency at a location transfer authority provided under this heading is in the continental United States.addition to any other transfer authority provided elsewhere in this Act.

Sec. 8130

changed None of the funds made available in by this Act or any other Act making appropriations for the Department of Defense may be used to close, in part or in whole, or transfer, in part or in whole, from the jurisdiction enforce section 526 of the Department of Defense Energy Independence and Security Act of the United States, Naval Station Guantanamo Bay.2007 (Public Law 110–140; 42 U.S.C. 17142).

Sec. 8131

changed In addition to amounts provided elsewhere Additional readiness funds made available in title II of this Act for military personnel pay, including active duty, reserve “Operation and National Guard personnel, $340,000,000 is hereby appropriated Maintenance, Army”, “Operation and Maintenance, Navy”, “Operation and Maintenance, Marine Corps”, and “Operation and Maintenance, Air Force” may be transferred to and merged with any appropriation of the Department of Defense and made available for transfer only activities related to the Zika virus in order to provide health support for the full range of military personnel accounts: operations and sustain the health of the members of the Armed Forces, civilian employees of the Department of Defense, and their families, to include: research and development, disease surveillance, vaccine development, rapid detection, vector controls and surveillance, training, and outbreak response: Provided, That the transfer authority provided under in this heading section is in addition subject to any other transfer the same terms and conditions as the authority provided elsewhere in section 8005 of this Act.

Sec. 8132

(a)
added The Secretary of Defense may provide from funds appropriated in title II of this Act up to $5,000,000 for financial support for military service memorials and museums in the acquisition, installation, and maintenance of exhibits, facilities, and programs that highlight the role of women in the military.
(b)
added
(1)
added Subject to paragraph (2), the Secretary may carry out subsection (a) by entering into contracts with nonprofit organizations under which such an organization shall carry out the activities described in such subsection.
(2)
added The Secretary may not enter into a contract under paragraph (1) until the congressional defense committees have received a report from the Secretary that describes how the use of such a contract will help educate and inform the public on the history and mission of the military, or support training and leadership development of military personnel, and is in the best interests of the Department of Defense.

removed 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. 8133

(a)
added None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b)
added Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

removed Additional readiness funds made available in title II of this Act for “Operation and Maintenance, Army”, “Operation and Maintenance, Navy”, “Operation and Maintenance, Marine Corps”, and “Operation and Maintenance, Air Force” may be transferred to and merged with any appropriation of the Department of Defense for activities related to the Zika virus in order to provide health support for the full range of military operations and sustain the health of the members of the Armed Forces, civilian employees of the Department of Defense, and their families, to include: research and development, disease surveillance, vaccine development, rapid detection, vector controls and surveillance, training, and outbreak response: Provided, That the authority provided in this section is subject to the same terms and conditions as the authority provided in Sec. 8005 of this Act.

Sec. 8134

added None of the funds made available by this Act may be used to carry out the changes to the Joint Travel Regulations of the Department of Defense described in the memorandum of the Per Diem Travel and Transportation Allowance Committee titled “UTD/CTD for MAP 118–13/CAP 118–13—Flat Rate Per Diem for Long Term TDY” and dated October 1, 2014.

(a)
removed The Secretary of Defense may provide from funds appropriated in title II of this Act up to $5,000,000 for financial support for military service memorials and museums in the acquisition, installation, and maintenance of exhibits, facilities, and programs that highlight the role of women in the military.
(b)
removed
(1)
removed Subject to paragraph (2), the Secretary may carry out subsection (a) by entering into contracts with nonprofit organizations under which such an organization shall carry out the activities described in such subsection.
(2)
removed The Secretary may not enter into a contract under paragraph (1) until the congressional defense committees have received a report from the Secretary that describes how the use of such a contract will help educate and inform the public on the history and mission of the military, or support training and leadership development of military personnel, and is in the best interests of the Department of Defense.

Sec. 8135

removed
(a)
removed None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b)
removed Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

Sec. 8136

removed

removed None of the funds made available by this Act may be used to carry out the changes to the Joint Travel Regulations of the Department of Defense described in the memorandum of the Per Diem Travel and Transportation Allowance Committee titled “UTD/CTD for MAP 118–13/CAP 118–13—Flat Rate Per Diem for Long Term TDY” and dated October 1, 2014.

Sec. 10002

changed The amount by which the applicable allocation None of new budget authority the funds made available by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget this Act of 1974 exceeds may be used to provide arms, training, or other assistance to the amount of proposed new budget authority is $0.Azov Battalion.

Sec. 10003

added

added 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.

Sec. 10004

added

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. 10005

added

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, as required by the Federal Acquisition Regulation, that the offeror or any of its principals—

(1)
added within a 3-year period preceding the 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;
(2)
added is presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above in paragraph (1); or
(3)
added within a 3-year period preceding the offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

Sec. 10006

added

added None of the funds made available by this Act may be used to designate or expand a heritage asset under division A of subtitle III of title 54, United States Code (commonly referred to as the “National Historic Preservation Act”), in any of Baca, Bent, Crowley, Huerfano, Kiowa, Las Animas, Otero, Prowers, and Pueblo counties, Colorado.

Sec. 10007

added

added None of the funds made available in this Act may be used to transfer any individual detained at United States Naval Station, Guantanamo Bay, Cuba, to any other location.

Sec. 10008

added

added None of the funds made available by this Act may be used to carry out Executive Order No. 13688 entitled “Federal Support for Local Law Enforcement Equipment Acquisition”.

Sec. 10009

added

added None of the funds appropriated by this Act may be used to plan for, begin, continue, complete, process, or approve a public-private competition under the Office of Management and Budget Circular A–76.

Sec. 10010

added

added None of the funds made available by this Act may be used for performances by a military musical unit (as defined in section 974 of title 10, United States Code) described in paragraph (2)(B) or (3) of subsection (a) of such section.

Sec. 10011

added

added None of the funds appropriated or otherwise made available in this Act may be used for a contract under section 2922a of title 10, United States Code, for energy or fuel for a military installation that is procured from the Russian Federation.

Sec. 10012

added

added None of the funds made available by this Act may be used to revise the DoD Food Service Program Manual (Number 1338.10 and dated December 2, 2014) to exclude meat.

Sec. 10013

added

added None of the funds appropriated or otherwise made available in this Act may be used to implement Department of Defense Directive 4715.21 on Climate Change Adaptation and Resilience.

Sec. 10014

added

added None of the funds made available by this Act may be used to modify a military installation in the United States, including construction or modification of a facility on a military installation, to provide temporary housing for unaccompanied alien children.

Sec. 10015

added

added None of the funds made available by this Act may be used to carry out or in response to the memorandum of the Deputy Assistant Secretary of Defense for Homeland Defense Integration and Defense Support of Civil Authorities titled “Memorandum for Secretaries of the Military Departments Director, Joint Staff” and dated November 25, 2015.

Sec. 10016

added

added None of the funds made available by this Act may be used by the Department of Defense to survey, assess, or review potential locations in the United States to detain any individual detained at United States Naval Station, Guantanamo Bay, Cuba, as of the date of the enactment of this Act.

Sec. 10017

added

added None of the funds appropriated or otherwise made available in this Act may be used to carry out any of the following:

(1)
added Section 2, 3, 4, 5, 6(b)(iii), or 6(c) of Executive Order No. 13653 (78 Fed. Reg. 66817).
(2)
added Section 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, or 15(b) of Executive Order No. 13693 (80 Fed. Reg. 15869).
(3)
added Paragraph (4), (9), (10), or (12) of subsection (c) or subsection (e) of section 2911 of title 10, United States Code.
(4)
added Section 400AA or 400FF of the Energy Policy and Conservation Act (42 U.S.C. 6374, 6374e).
(5)
added Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212).
(6)
added Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852).

Sec. 10018

added

added None of the funds appropriated or otherwise made available in this Act may be used to pay for any salaries or expenses of the office or position of the Special Envoy for Guantanamo Detention Closure or the Principal Director, Detainee Policy.

Sec. 10019

added

added None of the funds made available in this Act may be used to enforce, implement, or carry out the second proviso in the paragraph designated “Afghanistan Security Forces Fund” in Public Law 114–113.