Library / Laws / 113th / hr / H.R. 4870 / Reported in Senate
II
Calendar No. 472
113th CONGRESS
2d Session
H. R. 4870
[Report No. 113–211]
IN THE SENATE OF THE UNITED STATES
June 25, 2014Received; read twice and referred to the Committee on Appropriations
July 17, 2014Reported by Mr. Durbin, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
AN ACT
Making appropriations for the Department of Defense for the fiscal year ending September 30, 2015,
and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2015, for military
functions administered by the Department of Defense and for other
purposes, namely:
I
Military Personnel
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent
change of station travel (including all expenses thereof for
organizational movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active duty, (except
members of reserve components provided for elsewhere), cadets, and
aviation cadets; for members of the Reserve Officers' Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retirement
Fund, $41,183,729,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent
change of station travel (including all expenses thereof for
organizational movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active duty (except
members of the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers' Training Corps; and for
payments pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retirement
Fund, $27,387,344,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent
change of station travel (including all expenses thereof for
organizational movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on active duty
(except members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement Fund,
$12,785,431,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent
change of station travel (including all expenses thereof for
organizational movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on active duty
(except members of reserve components provided for elsewhere), cadets, and
aviation cadets; for members of the Reserve Officers' Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retirement
Fund, $27,564,362,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Army Reserve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing drills or
equivalent duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $4,304,159,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Navy Reserve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement Fund,
$1,836,024,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Marine Corps Reserve on active duty under section 10211 of title
10, United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code, or
while undergoing reserve training, or while performing drills or
equivalent duty, and for members of the Marine Corps platoon leaders
class, and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $659,224,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Air Force Reserve on active duty under sections 10211, 10305, and
8038 of title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing drills or
equivalent duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,652,148,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Army National Guard while on duty under section 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States Code, or while
serving on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement Fund,
$7,644,632,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Air National Guard on duty under section 10211, 10305, or 12402 of
title 10 or section 708 of title 32, United States Code, or while serving
on duty under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement Fund,
$3,110,587,000.
II
Operation and maintenance
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army,
as authorized by law, $32,671,980,000: Provided, That not to exceed $12,478,000 can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the Army, and
payments may be made on his certificate of necessity for confidential
military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy
and the Marine Corps, as authorized by law, $39,073,543,000: Provided, That not to exceed $15,055,000 can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the Navy, and
payments may be made on his certificate of necessity for confidential
military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine
Corps, as authorized by law, $5,984,680,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air
Force, as authorized by law, $35,024,160,000: Provided, That not to exceed $7,699,000 can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the Air Force,
and payments may be made on his certificate of necessity for confidential
military purposes.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the operation and maintenance of activities
and agencies of the Department of Defense (other than the military
departments), as authorized by law, $30,896,741,000 (reduced by
$5,000,000) (reduced by $500,000) (reduced by $5,000,000) (reduced by
$10,000,000) (reduced by $21,000,000) (increased by $21,000,000) (reduced
by $3,500,000) (reduced by $2,000,000) (reduced by $10,000,000) (increased
by $10,000,000) (reduced by $6,000,000) (reduced by $24,000,000) (reduced
by $5,000,000) (increased by $5,000,000) (reduced by $10,000,000): Provided, That not more than $15,000,000 may be used for the Combatant Commander Initiative Fund authorized
under section 166a of title 10, United States Code: Provided further, That not to exceed $36,000,000 can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of Defense, and
payments may be made on his certificate of necessity for confidential
military purposes: Provided further, That of the funds provided under this heading, not less than $36,262,000 shall be made available
for the Procurement Technical Assistance Cooperative Agreement Program, of
which not less than $3,600,000 shall be available for centers defined in
10 U.S.C. 2411(1)(D): Provided further, That none of the funds appropriated or otherwise made available by this Act may be used to plan
or implement the consolidation of a budget or appropriations liaison
office of the Office of the Secretary of Defense, the office of the
Secretary of a military department, or the service headquarters of one of
the Armed Forces into a legislative affairs or legislative liaison office: Provided further, That $8,881,000, to remain available until expended, is available only for expenses relating to
certain classified activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the appropriations to
which transferred: Provided further, That any ceiling on the investment item unit cost of items that may be purchased with operation
and maintenance funds shall not apply to the funds described in the
preceding proviso: Provided further, That the transfer authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Army Reserve; repair of
facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $2,535,606,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Navy Reserve; repair of
facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $1,011,827,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Marine Corps Reserve;
repair of facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications, $270,485,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Air Force Reserve;
repair of facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications, $2,989,214,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army National Guard, including medical
and hospital treatment and related expenses in non-Federal hospitals;
maintenance, operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for Army
personnel on active duty, for Army National Guard division, regimental,
and battalion commanders while inspecting units in compliance with
National Guard Bureau regulations when specifically authorized by the
Chief, National Guard Bureau; supplying and equipping the Army National
Guard as authorized by law; and expenses of repair, modification,
maintenance, and issue of supplies and equipment (including aircraft),
$6,116,307,000 (increased by $5,000,000).
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air National Guard, including medical
and hospital treatment and related expenses in non-Federal hospitals;
maintenance, operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles; supplying and
equipping the Air National Guard, as authorized by law; expenses for
repair, modification, maintenance, and issue of supplies and equipment,
including those furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,393,919,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces,
$13,723,000, of which not to exceed $5,000 may be used for official
representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $201,560,000, to remain available until transferred: Provided, That the Secretary of the Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Army, or
for similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department of
the Army, to be merged with and to be available for the same purposes and
for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $277,294,000, to remain available until transferred: Provided, That the Secretary of the Navy shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Navy, or
for similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department of
the Navy, to be merged with and to be available for the same purposes and
for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $408,716,000 (reduced by $37,000,000), to remain available
until transferred: Provided, That the Secretary of the Air Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air Force,
or for similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department of
the Air Force, to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $8,547,000, to remain available until transferred: Provided, That the Secretary of Defense shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of Defense, or
for similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department of
Defense, to be merged with and to be available for the same purposes and
for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $233,353,000, to remain available until transferred: Provided, That the Secretary of the Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris at sites formerly used by the
Department of Defense, transfer the funds made available by this
appropriation to other appropriations made available to the Department of
the Army, to be merged with and to be available for the same purposes and
for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the
Department of Defense (consisting of the programs provided under sections
401, 402, 404, 407, 2557, and 2561 of title 10, United States Code),
$103,000,000 to remain available until September 30, 2016.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and, with appropriate authorization by
the Department of Defense and Department of State, to countries outside of
the former Soviet Union, including assistance provided by contract or by
grants, for facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other weapons; for
establishing programs to prevent the proliferation of weapons, weapons
components, and weapon-related technology and expertise; for programs
relating to the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and weapons
technology and expertise, and for defense and military contacts,
$365,108,000, to remain available until September 30, 2017.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development Fund, $51,875,000.
III
Procurement
Aircraft Procurement, Army
For construction, procurement, production, modification, and modernization of aircraft, equipment,
including ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $5,295,957,000, to remain available
for obligation until September 30, 2017.
Missile Procurement, Army
For construction, procurement, production, modification, and modernization of missiles, equipment,
including ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $1,217,483,000, to remain available
for obligation until September 30, 2017.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of weapons and tracked combat vehicles,
equipment, including ordnance, spare parts, and accessories therefor;
specialized equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,703,736,000, to remain available for obligation
until September 30, 2017.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of ammunition, and accessories
therefor; specialized equipment and training devices; expansion of public
and private plants, including ammunition facilities, authorized by section
2854 of title 10, United States Code, and the land necessary therefor, for
the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,011,477,000, to remain available for obligation
until September 30, 2017.
Other Procurement, Army
For construction, procurement, production, and modification of vehicles, including tactical,
support, and non-tracked combat vehicles; the purchase of passenger motor
vehicles for replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and accessories therefor;
specialized equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $4,812,234,000, to remain available for obligation
until September 30, 2017.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and modernization of aircraft, equipment,
including ordnance, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $14,054,523,000, to remain available
for obligation until September 30, 2017.
Weapons Procurement, Navy
For construction, procurement, production, modification, and modernization of missiles, torpedoes,
other weapons, and related support equipment including spare parts, and
accessories therefor; expansion of public and private plants, including
the land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,111,931,000, to remain available
for obligation until September 30, 2017.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of ammunition, and accessories
therefor; specialized equipment and training devices; expansion of public
and private plants, including ammunition facilities, authorized by section
2854 of title 10, United States Code, and the land necessary therefor, for
the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $629,372,000, to remain available for obligation until
September 30, 2017.
Shipbuilding and conversion, navy
For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by
law, including armor and armament thereof, plant equipment, appliances,
and machine tools and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
procurement of critical, long lead time components and designs for vessels
to be constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $1,289,425,000;
Virginia Class Submarine, $3,507,175,000;
Virginia Class Submarine (AP), $2,301,825,000;
CVN Refueling Overhauls (AP), $491,100,000;
DDG–1000 Program, $419,532,000;
DDG–51 Destroyer, $2,655,785,000;
DDG–51 Destroyer (AP), $134,039,000;
Littoral Combat Ship, $951,366,000;
LPD–17 Amphibious Transport Dock, $12,565,000;
LHA replacement (AP), $29,093,000;
Moored Training Ship, $737,268,000;
Moored Training Ship (AP), $64,388,000;
LCAC Service Life Extension Program, $40,485,000;
Outfitting, post delivery, conversions, and first destination transportation, $491,797,000; and
Ship to Shore Connector, $123,233,000;
For completion of Prior Year Shipbuilding Programs, $1,007,285,000.
In all: $14,256,361,000, to remain available for obligation until September 30, 2019:
Provided, That additional obligations may be incurred after September 30, 2019, for engineering services,
tests, evaluations, and other such budgeted work that must be performed in
the final stage of ship construction:
Provided further, That none of the funds provided under this heading for the construction or conversion of any
naval vessel to be constructed in shipyards in the United States shall be
expended in foreign facilities for the construction of major components of
such vessel:
Provided further, That none of the funds provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment and materials not otherwise
provided for, Navy ordnance (except ordnance for new aircraft, new ships,
and ships authorized for conversion); the purchase of passenger motor
vehicles for replacement only; expansion of public and private plants,
including the land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway, $5,923,379,000, to
remain available for obligation until September 30, 2017.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and modification of missiles, armament,
military equipment, spare parts, and accessories therefor; plant
equipment, appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine Corps,
including the purchase of passenger motor vehicles for replacement only;
and expansion of public and private plants, including land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, $927,232,000,
to remain available for obligation until September 30, 2017.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and equipment, including armor and
armament, specialized ground handling equipment, and training devices,
spare parts, and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes including rents and
transportation of things, $12,046,941,000, to remain available for
obligation until September 30, 2017.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles, spacecraft, rockets, and related
equipment, including spare parts and accessories therefor, ground handling
equipment, and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and transportation of
things, $4,546,211,000, to remain available for obligation until September
30, 2017.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of ammunition, and accessories
therefor; specialized equipment and training devices; expansion of public
and private plants, including ammunition facilities, authorized by section
2854 of title 10, United States Code, and the land necessary therefor, for
the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $648,200,000, to remain available for obligation until
September 30, 2017.
Other Procurement, Air Force
For procurement and modification of equipment (including ground guidance and electronic control
equipment, and ground electronic and communication equipment), and
supplies, materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only; lease of
passenger motor vehicles; and expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway, $16,633,023,000
(increased by $6,000,000), to remain available for obligation until
September 30, 2017.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense (other than the military
departments) necessary for procurement, production, and modification of
equipment, supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of land
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment layaway,
$4,358,121,000 (reduced by $5,000,000), to remain available for obligation
until September 30, 2017.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the
Defense Production Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and
2093), $51,638,000, to remain available until expended.
IV
Research, Development, Test and Evaluation
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research, development, test and evaluation,
including maintenance, rehabilitation, lease, and operation of facilities
and equipment, $6,720,000,000, to remain available for obligation until
September 30, 2016.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research, development, test and evaluation,
including maintenance, rehabilitation, lease, and operation of facilities
and equipment, $15,877,770,000, to remain available for obligation until
September 30, 2016: Provided, That funds appropriated in this paragraph which are available for the V–22 may be used to meet
unique operational requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research, development, test and evaluation,
including maintenance, rehabilitation, lease, and operation of facilities
and equipment, $23,438,982,000 (reduced by $10,000,000) (increased by
$10,000,000), to remain available for obligation until September 30, 2016.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of Defense (other than the military
departments), necessary for basic and applied scientific research,
development, test and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities and
equipment, $17,077,900,000 (reduced by $10,000,000), to remain available
for obligation until September 30, 2016: Provided, That of the funds made available in this paragraph, $250,000,000 for the Defense Rapid Innovation
Program shall only be available for expenses, not otherwise provided for,
to include program management and oversight, to conduct research,
development, test and evaluation to include proof of concept
demonstration; engineering, testing, and validation; and transition to
full-scale production: Provided further, That the Secretary of Defense may transfer funds provided herein for the Defense Rapid Innovation
Program to appropriations for research, development, test and evaluation
to accomplish the purpose provided herein: Provided further, That this transfer authority is in addition to any other transfer authority available to the
Department of Defense: Provided further, That the Secretary of Defense shall, not fewer than 30 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing of
the details of any such transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the independent activities of the Director,
Operational Test and Evaluation, in the direction and supervision of
operational test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of, production
decisions; joint operational testing and evaluation; and administrative
expenses in connection therewith, $248,238,000, to remain available for
obligation until September 30, 2016.
V
Revolving and management funds
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,334,468,000.
VI
other department of defense programs
Defense Health Program
For expenses, not otherwise provided for, for medical and health care programs of the Department of
Defense as authorized by law, $31,634,870,000 (increased by $5,000,000)
(increased by $500,000) (increased by $10,000,000) (increased by
$3,000,000) (increased by $2,000,000) (increased by $10,000,000)
(increased by $10,000,000) (increased by $5,000,000) (increased by
$10,000,000) (reduced by $1,000,000) (increased by $1,000,000) (reduced by
$30,000,000) (increased by $30,000,000); of which $30,080,563,000
(increased by $3,000,000) (increased by $10,000,000) shall be for
operation and maintenance, of which not to exceed one percent shall remain
available for obligation until September 30, 2016, and of which up to
$14,582,044,000 may be available for contracts entered into under the
TRICARE program; of which $308,413,000, to remain available for obligation
until September 30, 2017, shall be for procurement; and of which
$1,245,894,000 (increased by $5,000,000) (increased by $500,000)
(increased by $10,000,000) (increased by $2,000,000) (increased by
$10,000,000) (increased by $5,000,000) (increased by $10,000,000) (reduced
by $1,000,000) (increased by $1,000,000) (reduced by $30,000,000)
(increased by $30,000,000), to remain available for obligation until
September 30, 2016, shall be for research, development, test and
evaluation: Provided, That, notwithstanding any other provision of law, of the amount made available under this heading
for research, development, test and evaluation, not less than $8,000,000
shall be available for HIV prevention educational activities undertaken in
connection with United States military training, exercises, and
humanitarian assistance activities conducted primarily in African nations: Provided further, That of the funds provided under this heading for operation and maintenance, procurement, and
research, development, test and evaluation for the Interagency Program
Office, the Defense Healthcare Management Systems Modernization (DHMSM)
program, and the Defense Medical Information Exchange, not more than 25
percent may be obligated until the Secretary of Defense submits to the
Committees on Appropriations of the House of Representatives and the
Senate, and such Committees approve, a plan for expenditure that
describes: (1) the status of the final request for proposal for DHMSM and
how the program office used comments received from industry from draft
requests for proposal to refine the final request for proposal; (2) any
changes to the deployment timeline, including benchmarks, for full
operating capability; (3) any refinements to the cost estimate for full
operating capability and the total life cycle cost of the project; (4) an
assurance that the acquisition strategy will comply with the acquisition
rules, requirements, guidelines, and systems acquisition management
practices of the Federal Government; (5) the status of the effort to
achieve interoperability between the electronic health record systems of
the Department of Defense and the Department of Veterans Affairs,
including the scope, cost, schedule, mapping to health data standards, and
performance benchmarks of the interoperable record; and (6) the progress
toward developing, implementing, and fielding the interoperable electronic
health record throughout the two Departments’ medical facilities.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the destruction of the United States
stockpile of lethal chemical agents and munitions in accordance with the
provisions of section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other chemical warfare
materials that are not in the chemical weapon stockpile, $828,868,000, of
which $222,728,000 shall be for operation and maintenance, of which no
less than $52,102,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $21,016,000 for activities on military
installations and $31,086,000, to remain available until September 30,
2016, to assist State and local governments; $10,227,000 shall be for
procurement, to remain available until September 30, 2017, of which
$3,225,000 shall be for the Chemical Stockpile Emergency Preparedness
Program to assist State and local governments; and $595,913,000, to remain
available until September 30, 2016, shall be for research, development,
test and evaluation, of which $575,808,000 shall only be for the Assembled
Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department of Defense, for transfer to
appropriations available to the Department of Defense for military
personnel of the reserve components serving under the provisions of title
10 and title 32, United States Code; for operation and maintenance; for
procurement; and for research, development, test and evaluation,
$944,687,000, of which $669,631,000 shall be for counter-narcotics
support; $105,591,000 shall be for the drug demand reduction program; and
$169,465,000 shall be for the National Guard counter-drug program: Provided, That the funds appropriated under this heading shall be available for obligation for the same
time period and for the same purpose as the appropriation to which
transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer
authority contained elsewhere in this Act.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the Joint Improvised Explosive Device Defeat Fund, $65,464,000, to remain available until September 30, 2017: Provided, That such funds shall be available to the Secretary of Defense, notwithstanding any other
provision of law, for the purpose of allowing the Director of the Joint
Improvised Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training, facilities, personnel
and funds to assist United States forces in the defeat of improvised
explosive devices: Provided further, That the Secretary of Defense may transfer funds provided herein to appropriations for military
personnel; operation and maintenance; procurement; research, development,
test and evaluation; and defense working capital funds to accomplish the
purpose provided herein: Provided further, That this transfer authority is in addition to any other transfer authority available to the
Department of Defense: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing of
the details of any such transfer.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General in carrying out the provisions
of the Inspector General Act of 1978, as amended, $311,830,000, of which
$310,830,000 shall be for operation and maintenance, of which not to
exceed $700,000 is available for emergencies and extraordinary expenses to
be expended on the approval or authority of the Inspector General, and
payments may be made on the Inspector General's certificate of necessity
for confidential military purposes; and of which $1,000,000, to remain
available until September 30, 2017, shall be for procurement.
support for international sporting competitions
For logistical and security support for international sporting competitions (including pay and
non-travel related allowances only for members of the Reserve Components
of the Armed Forces of the United States called or ordered to active duty
in connection with providing such support), $10,000,000, to remain
available until expended.
VII
Related agencies
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain
the proper funding level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management Account, $501,194,000 (reduced by
$2,000,000) (increased by $2,000,000).
VIII
General Provisions
8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda
purposes not authorized by the Congress.
8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary increases granted to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in excess
of the percentage increase authorized by law for civilian employees of the
Department of Defense whose pay is computed under the provisions of
section 5332 of title 5, United States Code, or at a rate in excess of the
percentage increase provided by the appropriate host nation to its own
employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set by the
Department of State under the Foreign Service Act of 1980: Provided further, That the limitations of this provision shall not apply to foreign national employees of the
Department of Defense in the Republic of Turkey.
8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the
current fiscal year, unless expressly so provided herein.
8004. No more than 20 percent of the appropriations in this Act which are limited for obligation during
the current fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers' Training
Corps.
(transfer of funds)
8005. Upon determination by the Secretary of Defense that such action is necessary in the national
interest, he may, with the approval of the Office of Management and
Budget, transfer not to exceed $5,000,000,000 of working capital funds of
the Department of Defense or funds made available in this Act to the
Department of Defense for military functions (except military
construction) between such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to which
transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which originally
appropriated and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant
to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than those for
which originally appropriated and in no case where the item for which
reprogramming is 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 to June 30, 2015: Provided further, That transfers among military personnel appropriations shall not be taken into account for
purposes of the limitation on the amount of funds that may be transferred
under this section.
8006.
(a) With regard to the list of specific programs, projects, and activities (and the dollar amounts and
adjustments to budget activities corresponding to such programs, projects,
and activities) contained in the tables titled Explanation of Project Level Adjustments in the explanatory statement regarding this Act, the obligation and expenditure of amounts
appropriated or otherwise made available in this Act for those programs,
projects, and activities for which the amounts appropriated exceed or are
less than the amounts requested are hereby required by law to be carried
out in the manner provided by such tables to the same extent as if the
tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as
subdivisions of appropriations for purposes of section 8005 of this Act: Provided, That section 8005 shall apply when transfers of the amounts described in subsection (a) occur
between appropriation accounts.
8007.
(a) Not later than 60 days after enactment of this Act, the Department of Defense shall submit a report
to the congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for fiscal year
2015: Provided, That the report shall include—
(1) 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) a delineation in the table for each appropriation both by budget activity and program, project, and
activity as detailed in the Budget Appendix; and
(3) an identification of items of special congressional interest.
(b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available
for reprogramming or transfer until the report identified in subsection
(a) is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an
emergency requirement.
(transfer of funds)
8008. During the current fiscal year, cash balances in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time for cash
disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and the Foreign Currency Fluctuations, Defense appropriation and the Operation and Maintenance appropriation accounts in such amounts as may be determined by the Secretary of Defense, with the
approval of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has notified the
Congress of the proposed transfer. Except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may be
made against a working capital fund to procure or increase the value of
war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
8009. Funds appropriated by this Act may not be used to initiate a special access program without prior
notification 30 calendar days in advance to the congressional defense
committees.
8010. None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract
that employs economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded contingent
liability in excess of $20,000,000; or (2) a contract for advance
procurement leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value of
the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution of multiyear authority shall require the use of a present value analysis to
determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may be used for a multiyear contract executed after
the date of the enactment of this Act unless in the case of any such
contract—
(1) the Secretary of Defense has submitted to Congress a budget request for full funding of units to be
procured through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit to be
procured through the contract for which procurement funds are requested in
that budget request for production beyond advance procurement activities
in the fiscal year covered by the budget, full funding of procurement of
such unit in that fiscal year;
(2) cancellation provisions in the contract do not include consideration of recurring manufacturing
costs of the contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor under the contract shall not be made in
advance of incurred costs on funded units; and
(4) the contract does not provide for a price adjustment based on a failure to award a follow-on
contract.
8011. Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are
hereby appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated for
humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of chapter 20
of title 10, United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States Code: Provided, That funds available for operation and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized by
Public Law 99–239: Provided further, That upon a determination by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize the provision
of medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
8012.
(a) During fiscal year 2015, the civilian personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) on the number of such personnel who may be
employed on the last day of such fiscal year.
(b) The fiscal year 2016 budget request for the Department of Defense as well as all justification
material and other documentation supporting the fiscal year 2016
Department of Defense budget request shall be prepared and submitted to
the Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2016.
(c) As required by section 1107 of the National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113–66; 10 U.S.C. 2358 note) civilian personnel at the Department of
Army Science and Technology Reinvention Laboratories may not be managed on
the basis of the Table of Distribution and Allowances, and the management
of the workforce strength shall be done in a manner consistent with the
budget available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to military (civilian) technicians.
8013. None of the funds made available by this Act shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or appropriation matters
pending before the Congress.
8014. None of the funds appropriated by this Act shall be available for the basic pay and allowances of
any member of the Army participating as a full-time student and receiving
benefits paid by the Secretary of Veterans Affairs from the Department of
Defense Education Benefits Fund when time spent as a full-time student is
credited toward completion of a service commitment: Provided, That this section shall not apply to those members who have reenlisted with this option prior to
October 1, 1987: Provided further, That this section applies only to active components of the Army.
(transfer of funds)
8015. Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protege
Program may be transferred to any other appropriation contained in this
Act solely for the purpose of implementing a Mentor-Protege Program
developmental assistance agreement pursuant to section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10
U.S.C. 2302 note), as amended, under the authority of this provision or
any other transfer authority contained in this Act.
8016. None of the funds in this Act may be available for the purchase by the Department of Defense (and
its departments and agencies) of welded shipboard anchor and mooring chain
4 inches in diameter and under unless the anchor and mooring chain are
manufactured in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of this section, the term manufactured shall include cutting, heat treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the purpose of this section substantially all of the components of anchor and mooring
chain shall be considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or manufactured in
the United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements
on a timely basis, the Secretary of the service responsible for the
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for national
security purposes.
8017. None of the funds available to the Department of Defense in the current fiscal year or any fiscal
year hereafter may be used to demilitarize or dispose of M–1 Carbines, M–1
Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or
M–1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
8018. No more than $500,000 of the funds appropriated or made available in this Act shall be used during
a single fiscal year for any single relocation of an organization, unit,
activity or function of the Department of Defense into or within the
National Capital Region: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in
writing to the congressional defense committees that such a relocation is
required in the best interest of the Government.
8019. Of the funds made available in this Act, $15,000,000 shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974 (25 U.S.C.
1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any
subcontractor or supplier as defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an individual or
individuals defined under section 4221(9) of title 25, United States Code,
shall be considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian Financing Act of
1974 (25 U.S.C. 1544) whenever the prime contract or subcontract amount is
over $500,000 and involves the expenditure of funds appropriated by an Act
making appropriations for the Department of Defense with respect to any
fiscal year: Provided further, That notwithstanding section 1906 of title 41, United States Code, this section shall be
applicable to any Department of Defense acquisition of supplies or
services, including any contract and any subcontract at any tier for
acquisition of commercial items produced or manufactured, in whole or in
part, by any subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and controlled by an
individual or individuals defined under section 4221(9) of title 25,
United States Code.
8020. Funds appropriated by this Act for the Defense Media Activity shall not be used for any national or
international political or psychological activities.
8021. During the current fiscal year, the Department of Defense is authorized to incur obligations of not
to exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon receipt, such contributions from the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
8022.
(a) Of the funds made available in this Act, not less than $39,500,000 shall be available for the Civil
Air Patrol Corporation, of which—
(1) $27,400,000 shall be available from Operation and Maintenance, Air Force to support Civil Air Patrol Corporation operation and maintenance, readiness, counter-drug
activities, and drug demand reduction activities involving youth programs;
(2) $10,400,000 shall be available from Aircraft Procurement, Air Force; and
(3) $1,700,000 shall be available from Other Procurement, Air Force for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air
Patrol for counter-drug activities in support of Federal, State, and local
government agencies.
8023.
(a) None of the funds appropriated in this Act are available to establish a new Department of Defense
(department) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by an
organization managing another FFRDC, or as a nonprofit membership
corporation consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel,
Visiting Committee, or any similar entity of a defense FFRDC, and no paid
consultant to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC in a fiscal
year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds available to the department from any
source during fiscal year 2015 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable contributions,
not to include employee participation in community service and/or
development.
(d) Notwithstanding any other provision of law, of the funds available to the department during fiscal
year 2015, not more than 5,750 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of the specific amount referred to previously in this subsection, not more than 1,125 staff
years may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years funded in the National Intelligence Program
(NIP) and the Military Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of the department's fiscal year 2016 budget
request, submit a report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC during that fiscal
year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total amount appropriated in this Act for
FFRDCs is hereby reduced by $40,000,000.
8024. None of the funds appropriated or made available in this Act shall be used to procure carbon,
alloy, or armor steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which were not
melted and rolled in the United States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply Class 9515,
American Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military department responsible for the procurement 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 adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions shall not apply to contracts which are in being as of the date of the
enactment of this Act.
8025. For the purposes of this Act, the term congressional defense committees means the Armed Services Committee of the House of Representatives, the Armed Services Committee
of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
8026. During the current fiscal year, the Department of Defense may acquire the modification, depot
maintenance and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles, through
competition between Department of Defense depot maintenance activities and
private firms: Provided, That the Senior Acquisition Executive of the military department or Defense Agency concerned,
with power of delegation, shall certify that successful bids include
comparable estimates of all direct and indirect costs for both public and
private bids: Provided further, That Office of Management and Budget Circular A–76 shall not apply to competitions conducted
under this section.
8027.
(a)
(1) If the Secretary of Defense, after consultation with the United States Trade Representative,
determines that a foreign country which is party to an agreement described
in paragraph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States that are
covered by the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with respect to such
types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of
understanding, between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy American
Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of
Defense purchases from foreign entities in fiscal year 2015. Such report
shall separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) For purposes of this section, the term Buy American Act means chapter 83 of title 41, United States Code.
8028. During the current fiscal year, amounts contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section 2921(c)(1) of
the National Defense Authorization Act of 1991 (Public Law 101–510; 10
U.S.C. 2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
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) 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).
8030. During the current fiscal year, appropriations which are available to the Department of Defense for
operation and maintenance may be used to purchase items having an
investment item unit cost of not more than $250,000.
8031.
(a) During the current fiscal year, none of the appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase of an
investment item for the purpose of acquiring a new inventory item for sale
or anticipated sale during the current fiscal year or a subsequent fiscal
year to customers of the Department of Defense Working Capital Funds if
such an item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal year
to appropriations made to the Department of Defense for procurement.
(b) The fiscal year 2016 budget request for the Department of Defense as well as all justification
material and other documentation supporting the fiscal year 2016
Department of Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in this Act shall
be budgeted for in a proposed fiscal year 2016 procurement appropriation
and not in the supply management business area or any other area or
category of the Department of Defense Working Capital Funds.
8032. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall
remain available for obligation beyond the current fiscal year, except for
funds appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2016: Provided, That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided further, That any funds appropriated or transferred to the Central Intelligence Agency for advanced
research and development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503 of the
National Security Act of 1947 (50 U.S.C. 3093) shall remain available
until September 30, 2016.
8033. Notwithstanding any other provision of law, funds made available in this Act for the Defense
Intelligence Agency may be used for the design, development, and
deployment of General Defense Intelligence Program intelligence
communications and intelligence information systems for the Services, the
Unified and Specified Commands, and the component commands.
8034. Of the funds appropriated to the Department of Defense under the heading Operation and Maintenance, Defense-Wide, not less than $12,000,000 shall be made available only for the mitigation of environmental
impacts, including training and technical assistance to tribes, related
administrative support, the gathering of information, documenting of
environmental damage, and developing a system for prioritization of
mitigation and cost to complete estimates for mitigation, on Indian lands
resulting from Department of Defense activities.
8035.
(a) None of the funds appropriated in this Act may be expended by an entity of the Department of
Defense unless the entity, in expending the funds, complies with the Buy
American Act. For purposes of this subsection, the term Buy American Act means chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a
label bearing a Made in America inscription to any product sold in or shipped to the United States that is not made in America,
the Secretary shall determine, in accordance with section 2410f of title
10, United States Code, whether the person should be debarred from
contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with appropriations provided under this Act, it
is the sense of the Congress that any entity of the Department of Defense,
in expending the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products are
cost-competitive, quality competitive, and available in a timely fashion.
8036. None of the funds appropriated by this Act shall be available for a contract for studies, analysis,
or consulting services entered into without competition on the basis of an
unsolicited proposal unless the head of the activity responsible for the
procurement determines—
(1) as a result of thorough technical evaluation, only one source is found fully qualified to perform
the proposed work;
(2) the purpose of the contract is to explore an unsolicited proposal which offers significant
scientific or technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of unique and significant industrial
accomplishment by a specific concern, or to insure that a new product or
idea of a specific concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than $25,000, contracts
related to improvements of equipment that is in development or production,
or contracts as to which a civilian official of the Department of Defense,
who has been confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
8037.
(a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be
used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department may waive the limitations in
subsection (a), on a case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the waiver will reduce
the personnel requirements or the financial requirements of the
department.
(c) This section does not apply to—
(1) field operating agencies funded within the National Intelligence Program;
(2) an Army field operating agency established to eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve the effectiveness and efficiencies of
biometric activities and to integrate common biometric technologies
throughout the Department of Defense; or
(4) an Air Force field operating agency established to administer the Air Force Mortuary Affairs
Program and Mortuary Operations for the Department of Defense and
authorized Federal entities.
8038.
(a) None of the funds appropriated by this Act shall be available to convert to contractor performance
an activity or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by Department of Defense
civilian employees unless—
(1) the conversion is based on the result of a public-private competition that includes a most
efficient and cost effective organization plan developed by such activity
or function;
(2) the Competitive Sourcing Official determines that, over all performance periods stated in the
solicitation of offers for performance of the activity or function, the
cost of performance of the activity or function by a contractor would be
less costly to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization's personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal that would reduce costs for the
Department of Defense by—
(A) not making an employer-sponsored health insurance plan available to the workers who are to be
employed in the performance of that activity or function under the
contract; or
(B) offering to such workers an employer-sponsored health benefits plan that requires the employer to
contribute less towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits for civilian
employees under chapter 89 of title 5, United States Code.
(b)
(1) The Department of Defense, without regard to subsection (a) of this section or subsection (a), (b),
or (c) of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement, or policy to
the contrary shall have full authority to enter into a contract for the
performance of any commercial or industrial type function of the
Department of Defense that—
(A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O'Day
Act (section 8503 of title 41, United States Code);
(B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership
by an Indian tribe, as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), or a
Native Hawaiian Organization, as defined in section 8(a)(15) of the Small
Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in
sections 2469 and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the Department of Defense under the authority
provided by this section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be established by
statute, regulation, or policy and is deemed to be awarded under the
authority of, and in compliance with, subsection (h) of section 2304 of
title 10, United States Code, for the competition or outsourcing of
commercial activities.
(rescissions)
8039. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are
hereby rescinded from the following accounts and programs in the specified
amounts: Aircraft Procurement, Army, 2013/2015, $27,000,000;Weapons and Tracked Combat Vehicles, Army, 2013/2015, $5,000,000;Other Procurement, Army, 2013/2015, $30,000,000;Aircraft Procurement, Navy, 2013/2015, $47,200,000;Weapons Procurement, Navy, 2013/2015, $27,000,000;Aircraft Procurement, Air Force, 2013/2015, $71,100,000;Missile Procurement, Air Force, 2013/2015, $13,800,000;Other Procurement, Army, 2014/2016, $200,000,000;Aircraft Procurement, Navy, 2014/2016, $171,622,000;Weapons Procurement, Navy, 2014/2016, $91,436,000;Other Procurement, Navy, 2014/2016, $1,505,000;Aircraft Procurement, Air Force, 2014/2016, $47,400,000;Missile Procurement, Air Force, 2014/2016, $121,185,000;Research, Development, Test and Evaluation, Army, 2014/2015, $5,000,000; andResearch, Development, Test and Evaluation, Navy, 2014/2015, $105,400,000:
Provided, That no amounts may be canceled from amounts that were designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism or as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
8040. None of the funds available in this Act may be used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air National Guard,
Army Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or reduction
on military technicians (dual status), unless such reductions are a direct
result of a reduction in military force structure.
8041. None of the funds appropriated or otherwise made available in this Act may be obligated or expended
for assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.
8042. Funds appropriated in this Act for operation and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred against
appropriations for the National Guard and Reserve when members of the
National Guard and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint Intelligence
Activities, including the activities and programs included within the
National Intelligence Program and the Military Intelligence Program: Provided, That nothing in this section authorizes deviation from established Reserve and National Guard
personnel and training procedures.
8043. During the current fiscal year, none of the funds appropriated in this Act may be used to reduce
the civilian medical and medical support personnel assigned to military
treatment facilities below the September 30, 2003, level: Provided, That the Service Surgeons General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
8044.
(a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction
or counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug
interdiction or counter-drug activities may be transferred to any other
department or agency of the United States except as specifically provided
in an appropriations law.
8045. None of the funds appropriated by this Act may be used for the procurement of ball and roller
bearings other than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military department responsible for such procurement 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 adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes: Provided further, That this restriction shall not apply to the purchase of commercial items, as defined by section 4(12) of the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end items.
8046. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured
in the United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must be made in
order to acquire capability for national security purposes that is not
available from United States manufacturers.
8047. None of the funds made available in this or any other Act may be used to pay the salary of any
officer or employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or budgetary
resources of any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act without
the express authorization of 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 Department of Defense.
8048.
(a) Notwithstanding any other provision of law, none of the funds available to the Department of
Defense for the current fiscal year may be obligated or expended to
transfer to another nation or an international organization any defense
articles or services (other than intelligence services) for use in the
activities described in subsection (b) unless the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate are
notified 15 days in advance of such transfer.
(b) This section applies to—
(1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or
chapter VII of the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services to be transferred.
(2) A statement of the value of the equipment, supplies, or services to be transferred.
(3) In the case of a proposed transfer of equipment or supplies—
(A) a statement of whether the inventory requirements of all elements of the Armed Forces (including
the reserve components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be transferred will have to be replaced and, if so,
how the President proposes to provide funds for such replacement.
8049. None of the funds available to the Department of Defense under this Act shall be obligated or
expended to pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an employee
when—
(1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to
the employee; and
(2) such bonus is part of restructuring costs associated with a business combination.
(including transfer of funds)
8050. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under
the heading Operation and Maintenance, Defense-Wide may be transferred to appropriations available for the pay of military personnel, to be merged
with, and to be available for the same time period as the appropriations
to which transferred, to be used in support of such personnel in
connection with support and services for eligible organizations and
activities outside the Department of Defense pursuant to section 2012 of
title 10, United States Code.
8051. During the current fiscal year, in the case of an appropriation account of the Department of
Defense for which the period of availability for obligation has expired or
which has closed under the provisions of section 1552 of title 31, United
States Code, and which has a negative unliquidated or unexpended balance,
an obligation or an adjustment of an obligation may be charged to any
current appropriation account for the same purpose as the expired or
closed account if—
(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed
account before the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to any current appropriation account of the
Department of Defense; and
(3) in the case of an expired account, the obligation is not chargeable to a current appropriation of
the Department of Defense under the provisions of section 1405(b)(8) of
the National Defense Authorization Act for Fiscal Year 1991, Public Law
101–510, as amended (31 U.S.C. 1551 note): Provided, That in the case of an expired account, if subsequent review or investigation discloses that
there was not in fact a negative unliquidated or unexpended balance in the
account, any charge to a current account under the authority of this
section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation under this section may not exceed an
amount equal to 1 percent of the total appropriation for that account.
8052.
(a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the
use of equipment of the National Guard Distance Learning Project by any
person or entity on a space-available, reimbursable basis. The Chief of
the National Guard Bureau shall establish the amount of reimbursement for
such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard
Distance Learning Project and be available to defray the costs associated
with the use of equipment of the project under that subsection. Such funds
shall be available for such purposes without fiscal year limitation.
8053. Using funds made available by this Act or any other Act, the Secretary of the Air Force, pursuant
to a determination under section 2690 of title 10, United States Code, may
implement cost-effective agreements for required heating facility
modernization in the Kaiserslautern Military Community in the Federal
Republic of Germany: Provided, That in the City of Kaiserslautern and at the Rhine Ordnance Barracks area, such agreements will
include the use of United States anthracite as the base load energy for
municipal district heat to the United States Defense installations: Provided further, That 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 the consideration of United States coal as an energy source.
8054. 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.
8055.
(a) 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) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and
(2) 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) 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 11 (chapters 50–65) of the Harmonized Tariff Schedule 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.
8056.
(a)
In general
(1) None of the funds made available by this Act may be used for any training, equipment, or other
assistance for the members of a unit of a foreign security force if the
Secretary of Defense has credible information that the unit has committed
a gross violation of human rights.
(2) The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a
decision to provide any training, equipment, or other assistance to a unit
of a foreign security force full consideration is given to any credible
information available to the Department of State relating to human rights
violations by such unit.
(b)
Exception
The prohibition in subsection (a)(1) shall not apply if the Secretary of Defense, after
consultation with the Secretary of State, determines that the government
of such country has taken all necessary corrective steps, or if the
equipment or other assistance is necessary to assist in disaster relief
operations or other humanitarian or national security emergencies.
(c)
Waiver
The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition
in subsection (a)(1) if the Secretary of Defense determines that such
waiver is required by extraordinary circumstances.
(d)
Procedures
The Secretary of Defense shall establish, and periodically update, procedures to ensure that any
information in the possession of the Department of Defense about gross
violations of human rights by units of foreign security forces is shared
on a timely basis with the Department of State.
(e)
Report
Not more than 15 days after the application of any exception under subsection (b) or the exercise
of any waiver under subsection (c), the Secretary of Defense shall submit
to the appropriate congressional committees a report—
(1) in the case of an exception under subsection (b), providing notice of the use of the exception and
stating the grounds for the exception; and
(2) in the case of a waiver under subsection (c), describing the information relating to the gross
violation of human rights; the extraordinary or other circumstances that
necessitate the waiver; the purpose and duration of the training,
equipment, or other assistance; and the United States forces and the
foreign security force unit involved.
(f)
Definition
For purposes of this section the term appropriate congressional committees means the congressional defense committees and the Committees on Appropriations.
8057. 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.
8058. 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 Secretary of Defense 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.
8059. The Secretary of Defense shall provide a classified quarterly report beginning 30 days after
enactment of this Act, to the House and Senate Appropriations Committees,
Subcommittees on Defense on certain matters as directed in the classified
annex accompanying this Act.
8060. During the current fiscal year, none of the funds available to the Department of Defense may be
used to provide support to another department or agency of the United
States if such department or agency is more than 90 days in arrears in
making payment to the Department of Defense for goods or services
previously provided to such department or agency on a reimbursable basis: Provided, That this restriction shall not apply if the department is authorized by law to provide support
to such department or agency on a nonreimbursable basis, and is providing
the requested support pursuant to such authority: 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.
8061. Notwithstanding section 12310(b) of title 10, United States Code, a Reserve who is a member of the
National Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in support of
the ground-based elements of the National Ballistic Missile Defense
System.
8062. None of the funds provided in this Act may be used to transfer to any nongovernmental entity
ammunition held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature designation of armor penetrator, armor piercing (AP), armor piercing incendiary (API), or armor-piercing incendiary tracer (API-T), except to an entity performing demilitarization services for the Department of Defense under a
contract that requires the entity to demonstrate to the satisfaction of
the Department of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or (2) used
to manufacture ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant to a License
for Permanent Export of Unclassified Military Articles issued by the
Department of State.
8063. Notwithstanding any other provision of law, the Chief of the National Guard Bureau, or his
designee, may waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10, United States
Code, in the case of a lease of personal property for a period not in
excess of 1 year to 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 Chief of the National Guard Bureau,
or his designee, on a case-by-case basis.
8064. None of the funds appropriated by this Act shall be used for the support of any nonappropriated
funds activity of the Department of Defense that procures malt beverages
and wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located in the
United States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District of
Columbia, in which the military installation is located: Provided, That in a case in which the military installation is located in more than one State, purchases
may be made in any State in which the installation is located: Provided further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the
District of Columbia shall be procured from the most competitive source,
price and other factors considered.
(including transfer of funds)
8065. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Army, $106,189,900 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.
8066. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the
matter under subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111;
10 U.S.C. 113 note) shall continue in effect to apply to disbursements
that are made by the Department of Defense in fiscal year 2015.
(including transfer of funds)
8067. During the current fiscal year, not to exceed $200,000,000 from funds available under Operation and Maintenance, Defense-Wide may be transferred to the Department of State Global Security Contingency Fund: Provided, That this transfer authority is in addition to any other transfer authority available to the
Department of Defense: Provided further, That the Secretary of Defense shall, not fewer than 30 days prior to making transfers to the
Department of State Global Security Contingency Fund, notify the congressional defense committees in writing with the source of funds and a detailed
justification, execution plan, and timeline for each proposed project.
8068. In addition to amounts provided elsewhere in this Act, $4,000,000 (increased by $16,000,000) is
hereby appropriated to the Department of Defense, to remain available for
obligation until expended: Provided, That notwithstanding any other provision of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these funds shall be
available only for a grant to the Fisher House Foundation, Inc., only for
the construction and furnishing of additional Fisher Houses to meet the
needs of military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.
(including transfer of funds)
8069. Of the amounts appropriated in this Act under the headings Procurement, Defense-Wide and Research, Development, Test and Evaluation, Defense-Wide, $619,814,000 shall be for the Israeli Cooperative Programs: Provided, That of this amount, $350,972,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense system
to counter short-range rocket threats; $137,934,000 shall be for the Short
Range Ballistic Missile Defense (SRBMD) program, including cruise missile
defense research and development under the SRBMD program; $74,707,000
shall be for an upper-tier component to the Israeli Missile Defense
Architecture; and $56,201,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and airborne,
detection suite: Provided further, That funds made available under this provision for production of missiles and missile components
may be transferred to appropriations available for the procurement of
weapons and equipment, to be merged with and to be available for the same
time period and the same purposes as the appropriation to which
transferred: Provided further, That the transfer authority provided under this provision is in addition to any other transfer
authority contained in this Act.
8070. None of the funds available to the Department of Defense may be obligated to modify command and
control relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned to the
Pacific fleet: Provided, That the command and control relationships which existed on October 1, 2004, shall remain in
force unless changes are specifically authorized in a subsequent Act: Provided further, That this section does not apply to administrative control of Navy Air and Missile Defense
Command.
(including transfer of funds)
8071. Of the amounts appropriated in this Act under the heading Shipbuilding and Conversion, Navy, $1,007,285,000 shall be available until September 30, 2015, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this Act, the Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That the amounts transferred shall be merged with and be available for the same purposes as the
appropriations to which transferred to:
(1) Under the heading Shipbuilding and Conversion, Navy, 2008/2015: Carrier Replacement Program $663,000,000;
(2) Under the heading Shipbuilding and Conversion, Navy, 2009/2015: LPD–17 Amphibious Transport Dock Program $54,096,000;
(3) Under the heading Shipbuilding and Conversion, Navy, 2010/2015: DDG–51 Destroyer $65,771,000;
(4) Under the heading Shipbuilding and Conversion, Navy, 2010/2015: Littoral Combat Ship $51,345,000;
(5) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2011/2015: DDG–51 Destroyer $63,373,000;
(6) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2011/2015: Littoral Combat Ship
$41,700,000;
(7) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2011/2015: Joint High Speed Vessel
$9,340,000;
(8) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2012/2015: CVN Refueling Overhauls Program
$54,000,000;
(9) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2012/2015: Joint High Speed Vessel
$2,620,000; and
(10) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2013/2015: Joint High Speed Vessel
$2,040,000.
8072. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 3094) during fiscal year 2015 until the enactment of the
Intelligence Authorization Act for Fiscal Year 2015.
8073. None of the funds provided in this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
8074. The budget of the President for fiscal year 2016 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 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 for each element of expense 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 of each contingency: Provided further, That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the Department
of Defense Financial Management Regulation) for all contingency operations
for the budget year and the two preceding fiscal years.
8075. None of the funds in this Act may be used for research, development, test, evaluation, procurement,
or deployment of nuclear armed interceptors of a missile defense system.
8076. In addition to the amounts appropriated or otherwise made available elsewhere in this Act,
$44,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the determination of the Secretary of Defense that it shall serve the national
interest, the Secretary shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations and $24,000,000
to the Red Cross.
8077. None of the funds appropriated or made available in this Act 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.
8078. 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.
8079.
(a) At the time members of reserve components of the Armed Forces are called or ordered to active duty
under section 12302(a) of title 10, United States Code, each member shall
be notified in writing of the expected period during which the member will
be mobilized.
(b) The Secretary of Defense may waive the requirements of subsection (a) in any case in which the
Secretary determines that it is necessary to do so to respond to a
national security emergency or to meet dire operational requirements of
the Armed Forces.
8080. For purposes of section 7108 of title 41, United States Code, any subdivision of appropriations
made under the heading Shipbuilding and Conversion, Navy that is not closed at the time reimbursement is made shall be available to reimburse the Judgment
Fund and shall be considered for the same purposes as any subdivision
under the heading Shipbuilding and Conversion, Navy appropriations in the current fiscal year or any prior fiscal year.
8081.
(a) 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) 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.
8082. 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.
8083. None of the funds appropriated by this Act for programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the current
fiscal year, except for funds appropriated for research and technology,
which shall remain available until September 30, 2016.
8084. 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.
8085.
(a) 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 2015: Provided, That the report shall include—
(1) 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) a delineation in the table for each appropriation by Expenditure Center and project; and
(3) an identification of items of special congressional interest.
8086. 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.
(including transfer of funds)
8087. Of the funds appropriated in the Intelligence Community Management Account for the Program Manager
for the Information Sharing Environment, $20,000,000 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.
8088.
(a) 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) creates a new start effort;
(2) terminates a program with appropriated funding of $10,000,000 or more;
(3) transfers funding into or out of the National Intelligence Program; or
(4) 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) 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) or 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.
8089. 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.
8090. For the purposes of this Act, the term congressional intelligence committees means the Permanent Select Committee on Intelligence of the House of Representatives, the Select
Committee on Intelligence of the Senate, the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the Senate.
8091. The Department of Defense shall continue to report incremental contingency operations costs for
Operation Enduring Freedom on a monthly basis and any other operation
designated and identified by the Secretary of Defense for the purposes of
section 127a 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.
(including transfer of funds)
8092. During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in
title II of 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 for Fisher
Houses and Suites pursuant to section 2493(d) of title 10, United States
Code.
(including transfer of funds)
8093. Funds appropriated by this Act for operation and maintenance 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.
8094.
(a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c),
post on the public website 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) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national security; or
(2) the report contains proprietary information.
(c) 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.
8095.
(a) 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) 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) 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) 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) 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) 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.
(including transfer of funds)
8096. From within the funds appropriated for operation and maintenance for the Defense Health Program in
this Act, up to $146,857,000, 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.
8097. The Office of the Director of National Intelligence shall not employ more Senior Executive
employees than are specified in the classified annex.
8098. None of the funds appropriated or otherwise made available by this Act may be obligated or expended
to pay a retired general or flag officer to serve as a senior mentor
advising the Department of Defense unless such retired officer files a
Standard Form 278 (or successor form concerning public financial
disclosure under part 2634 of title 5, Code of Federal Regulations) to the
Office of Government Ethics.
8099. Appropriations available to the Department of Defense may be used for the purchase of heavy and
light armored vehicles for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle, notwithstanding
price or other limitations applicable to the purchase of passenger
carrying vehicles.
8100. Of the amounts appropriated for Operation and Maintenance, Defense-Wide the following amounts shall be available to the Secretary of Defense, for the following authorized
purposes, notwithstanding any other provision of law, acting through the
Office of Economic Adjustment of the Department of Defense, to make
grants, conclude cooperative agreements, and supplement other Federal
funds, to remain available until expended, to support critical existing
and enduring military installations and missions on Guam, as well as any
potential Department of Defense growth, $80,596,000 for addressing the
need for civilian water and wastewater improvements: Provided, That the Secretary of Defense shall, not fewer than 15 days prior to obligating funds for the
forgoing purposes, notify the congressional defense committees in writing
of the details of any such obligation.
8101. None of the funds made available by this Act may be used by the Secretary of Defense to take
beneficial occupancy of more than 3,000 parking spaces (other than
handicap-reserved spaces) to be provided by the BRAC 133 project: Provided, That this limitation may be waived in part if: (1) the Secretary of Defense certifies to Congress
that levels of service at existing intersections in the vicinity of the
project have not experienced failing levels of service as defined by the
Transportation Research Board Highway Capacity Manual over a consecutive
90-day period; (2) the Department of Defense and the Virginia Department
of Transportation agree on the number of additional parking spaces that
may be made available to employees of the facility subject to continued
90-day traffic monitoring; and (3) the Secretary of Defense notifies the
congressional defense committees in writing at least 14 days prior to
exercising this waiver of the number of additional parking spaces to be
made available.
8102. The Secretary of Defense shall report quarterly the numbers of civilian personnel end strength by
appropriation account for each and every appropriation account used to
finance Federal civilian personnel salaries to the congressional defense
committees within 15 days after the end of each fiscal quarter.
8103.
(a) None of the funds appropriated in this or any other Act may be used to take any action to modify—
(1) the appropriations account structure for the National Intelligence Program budget, including
through the creation of a new appropriation or new appropriations account;
(2) how the National Intelligence Program budget request is presented, organized, and managed within
the Department of Defense budget;
(3) how the National Intelligence Program appropriations are apportioned to the executing agencies; or
(4) how the National Intelligence Program appropriations are allotted, obligated and disbursed.
(b) 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.
(c) Upon development of the detailed proposals defined under subsection (b), the Director of National
Intelligence and the Secretary of Defense shall—
(1) provide the proposed alternatives to all affected agencies;
(2) 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) 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.
(d) This section shall not be construed to alter or affect the application of section 924 of the
National Defense Authorization Act for Fiscal Year 2014 to the amounts
made available by this Act.
(e) The Director of National Intelligence shall carry out a merger of the Foreign Counterintelligence
Program into the General Defense Intelligence Program: Provided, That such merger shall not go into effect until 30 days after the Director submits to the
congressional intelligence committees a written notification of such
merger.
(including transfer of funds)
8104. 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 $2,000,000,000 of the
funds made available 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 Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section
shall be made prior to June 30, 2015.
(including transfer of funds)
8105. There is appropriated $540,000,000 for the Ship Modernization, Operations and Sustainment Fund, to remain available until September 30, 2021: Provided, That the Secretary of the Navy shall transfer funds from the Ship Modernization, Operations and Sustainment Fund to appropriations for military personnel; operation and maintenance; research, development, test
and evaluation; and procurement, only for the purposes of manning,
operating, 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 further, 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 to any other transfer authority
available to the Department of Defense: Provided further, That the Secretary of the 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 the details of such transfer: Provided further, That the Secretary of the Navy shall transfer and obligate funds from the Ship Modernization, Operations and Sustainment Fund for modernization of not more than two Ticonderoga-class guided missile cruisers as detailed above
in fiscal year 2015: 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 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 Code, shall not apply to the
use of any funds transferred pursuant to this section.
8106. Notwithstanding any other provision of this Act, to reflect savings due to favorable foreign
exchange rates, the total amount appropriated in this Act is hereby
reduced by $545,100,000.
8107. 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—
(1) is not a United States citizen or a member of the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba,
by the Department of Defense.
8108.
(a) 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) The prohibition in subsection (a) shall not apply to any modification of facilities at United
States Naval Station, Guantanamo Bay, Cuba.
(c) 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) is not a citizen of the United States or a member of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of the Department of Defense; or
(B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.
8109. None of the funds made available by this Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or provide
a loan or loan guarantee to, any corporation that any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the awarding
agency is aware of the unpaid tax liability, unless the agency has
considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.
8110. None of the funds made available by this Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or provide
a loan or loan guarantee to, any corporation that was convicted of a
felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless the
agency has considered suspension or debarment of the corporation and made
a determination that this further action is not necessary to protect the
interests of the Government.
8111. None of the funds made available by this Act may be used in contravention of section 1590 or 1591
of title 18, United States Code, or in contravention of the requirements
of section 106(g) or (h) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7104(g) or (h)).
8112. None of the funds made available by this Act for excess defense articles, assistance under section
1206 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109–163; 119 Stat. 3456), or peacekeeping operations for the
countries designated in 2013 to be in violation of the standards of the
Child Soldiers Prevention Act of 2008 may be used to support any military
training or operation that includes child soldiers, as defined by the
Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22 U.S.C.
2370c–1), unless such assistance is otherwise permitted under section 404
of the Child Soldiers Prevention Act of 2008.
8113. None of the funds made available by this Act may be used in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.).
8114. 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 an agency's fleet inventory, except in accordance
with Presidential Memorandum-Federal Fleet Performance, dated May 24,
2011.
8115. None of the funds made available by this Act may be used to enter into a contract with any person
or other entity listed in the Excluded Parties List System (EPLS)/System
for Award Management (SAM) as having been convicted of fraud against the
Federal Government.
8116.
(a) None of the funds made available by this Act may be used to enter into a contract (or subcontract
at any tier under such a contract), memorandum of understanding, or
cooperative agreement with, to make a grant to, or to provide a loan or
loan guarantee to Rosoboronexport.
(b) 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, certifies in writing to the congressional defense
committees, to the best of the Secretary’s knowledge, the following:
(1) 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) 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.
(3) The Government of the Russian Federation has withdrawn substantially all of the armed forces of the
Russian Federation from the immediate vicinity of the eastern border of
Ukraine.
(4) Agents of the Russian Federation have ceased taking active measures to destabilize the control of
the Government of Ukraine over eastern Ukraine.
(c)
(1) The Inspector General of the Department of Defense shall conduct a review of any action involving
Rosoboronexport with respect to which a waiver is issued by the Secretary
of Defense pursuant to subsection (b).
(2) A review conducted under paragraph (1) shall assess the accuracy of the factual and legal
conclusions made by the Secretary of Defense in the waiver covered by the
review, including—
(A) whether there is any viable alternative to Rosoboronexport for carrying out the functions for which
funds will be obligated;
(B) whether the Secretary has previously used an alternative vendor for carrying out the same functions
regarding the military equipment in question, and what vendor was
previously used;
(C) whether other explanations for the issuance of the waiver are supportable; and
(D) any other matter with respect to the waiver the Inspector General considers appropriate.
(3) Not later than 90 days after the date on which a waiver is issued by the Secretary of Defense
pursuant to subsection (b), the Inspector General shall submit to the
congressional defense committees a report containing the results of the
review conducted under paragraph (1) with respect to such waiver.
8117. 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.
(including transfer of funds)
8118. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide, up to $5,709,000 shall be available for transfer to the Army, Navy, Marine Corps, and Air Force,
including Reserve and National Guard, to support high priority Sexual
Assault Prevention and Response Program requirements and activities,
including the training and funding of personnel: 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 transfer authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
8119. None of the funds appropriated in this, or any other Act, may be obligated or expended by the
United States Government for the direct personal benefit of the President
of Afghanistan.
8120.
(a) Of the funds appropriated in this Act for the Department of Defense, amounts may be made available,
under such regulations as the Secretary may prescribe, to local military
commanders appointed by the Secretary of Defense, 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) An ex gratia payment under this section may be provided only if—
(1) the prospective foreign civilian recipient is determined by the local military commander to be
friendly to the United States;
(2) 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) the property damage, personal injury, or death was not caused by action by an enemy.
(c)
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)
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)
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)
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)
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.
(h)
Limitation
Nothing in this section shall be deemed to provide any new authority to the Secretary of Defense.
8121. None of the funds available to the Department of Defense shall be used to conduct any environmental
impact study, environmental assessment, or other environmental study
related to Minuteman III silos that contain a missile as of the date of
the enactment of this Act.
8122. None of the funds made available by this Act may be used to cancel the avionics modernization
program of record for C–130 aircraft.
8123. None of the funds made available by this Act may be used by the Secretary of the Air Force to
reduce the force structure at Lajes Field, Azores, Portugal, below the
force structure at such Air Force Base as of October 1, 2013, except in
accordance with section 1048 of the National Defense Authorization Act for
Fiscal Year 2015.
8124. None of the Operation and Maintenance funds made available in this Act may be used in contravention
of section 41106 of title 49, United States Code.
8125. 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 the current fiscal year due
to insufficient funding.
8126. None of the funds appropriated or otherwise made available by this Act or any other Act may be used
by the Department of Defense or a component thereof in contravention of
section 1246(c) of the National Defense Authorization Act for Fiscal Year
2014, relating to limitations on providing certain missile defense
information to the Russian Federation.
8127. None of the funds made available by this Act may be used by the National Security Agency to—
(1) 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) 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.
(including transfer of funds)
8128. From amounts appropriated in this Act for Operation and Maintenance, Navy, up to $291,000,000 may be transferred to the Ready Reserve Force, Maritime Administration account
of the United States Department of Transportation, to be merged with, and
to be available for the same purposes and the same time period as such
account, for expenses related to the National Defense Reserve Fleet
established under section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744): Provided, That the transfer authority provided under this provision is in addition to any other transfer
authority provided elsewhere in this Act.
(including transfer of funds)
8129. Of the amounts appropriated for Operation and Maintenance, Navy, up to $1,000,000 shall be available for transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2 U.S.C.
1105).
(including transfer of funds)
8130. In addition to amounts provided elsewhere in this Act for pay for military personnel, including
active duty, reserve and National Guard personnel, $533,500,000 is hereby
appropriated to the Department of Defense and made available for transfer
only to military personnel accounts: Provided, That the transfer authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
(including transfer of funds)
8131. In addition to amounts provided elsewhere in this Act for basic allowance for housing for military
personnel, including active duty, reserve and National Guard personnel,
$244,700,000 is hereby appropriated to the Department of Defense and made
available for transfer only to military personnel accounts: Provided, That the transfer authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
8132. None of the funds made available by this Act may be used to reduce, convert, decommission, or
otherwise move to nondeployed status (except warm status), or prepare to
reduce, convert, decommission, or otherwise move to nondeployed status
(except warm status), any Minuteman III ballistic missile silo that
contains a deployed missile as of the date of the enactment of this Act: Provided, That “warm status” means a status that enables any such silo to remain a fully functioning
element of the interconnected and redundant command and control system of
a missile field and be made fully operational with a deployed missile.
8133. None of the funds made available by this Act may be obligated or expended to divest E–3 airborne
warning and control system aircraft, or disestablish any units of the
active or reserve component associated with such aircraft: Provided, That not later than 90 days following the date of enactment of this Act, the Secretary of the Air
Force shall submit to the congressional defense committees a report
providing a detailed explanation of how the Secretary will meet the
priority requirements of the commanders of the combatant commands related
to airborne warning and control with a fleet of fewer than 31 E–3
aircraft.
8134. None of the funds made available by this Act may be obligated or expended to implement the Arms
Trade Treaty until the Senate approves a resolution of ratification for
the Treaty.
(including transfer of funds)
8135. In addition to amounts provided elsewhere in this Act, there is appropriated $139,000,000, for an
additional amount for Operation and Maintenance, Defense-Wide, to remain available until expended: Provided, That such funds shall only be available to the Secretary of Defense, acting through the Office of
Economic Adjustment of the Department of Defense, or for transfer to the
Secretary of Education, notwithstanding any other provision of law, to
make grants, conclude cooperative agreements, or supplement other Federal
funds to construct, renovate, repair, or expand elementary and secondary
public schools on military installations in order to address capacity or
facility condition deficiencies at such schools: Provided further, That in making such funds available, the Office of Economic Adjustment or the Secretary of
Education shall give priority consideration to those military
installations with schools having the most serious capacity or facility
condition deficiencies as determined by the Secretary of Defense: Provided further, That funds may not be made available for a school unless its enrollment of Department of
Defense-connected children is greater than 50 percent.
8136. None of the funds made available by this Act may be used to transfer AH–64 Attack helicopters from
the Army National Guard to the active Army: Provided, That this section shall continue in effect through the date of enactment of the National Defense
Authorization Act for Fiscal Year 2015.
(including transfer of funds)
8137. In addition to amounts appropriated in title II or otherwise made available elsewhere in this Act,
$1,000,000,000 is hereby appropriated to the Department of Defense and
made available for transfer to the operation and maintenance accounts of
the Army, Navy, Marine Corps, and Air Force (including National Guard and
reserve) for purposes of improving military readiness: Provided, That the transfer authority provided under this provision is in addition to any other transfer
authority provided elsewhere in this Act.
8138. Of the amounts made available under the heading Operation and Maintenance, Defense-Wide in title II and Operation and Maintenance in title IX of this Act, not to exceed $50,000,000 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): Provided, That none of the funds made available in this Act may be used under such section 1208 to initiate
support for, or expand support to, foreign forces, irregular forces,
groups, or 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 further, That, none of the funds made available in this Act may be used under such section 1208 for any
activity that is not in support 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 in the preceding provisos if the
Secretary determines that such waiver is required by extraordinary
circumstances and, by not later than 72 hours after making such waiver,
notifies the congressional defense committees of such waiver.
8139. None of the funds appropriated or otherwise made available by this Act or any other Act may be used
in contravention of section 1035 of the National Defense Authorization Act
for Fiscal Year 2014.
8140. None of the funds made available by this Act may be used to implement the changes to hair standards
and grooming policies for female members of the Armed Forces, as contained
in paragraph 3–2 of Army Regulation 670–1, issued on March 31, 2014.
IX
overseas deployments and other activities
military personnel
For an additional amount for Military Personnel, $5,100,000,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
operation and maintenance
For an additional amount for Operation and Maintenance, $58,675,000,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
procurement
For an additional amount for Procurement, $12,220,000,000, to remain available until September 30, 2017: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
national guard and reserve equipment
For procurement of aircraft, missiles, tracked combat vehicles, ammunition, other weapons, and
other procurement for the reserve components of the Armed Forces,
$2,000,000,000, to remain available for obligation until September 30,
2017:
Provided, That the Chiefs of the National Guard and Reserve components shall, not later than 30 days after
the enactment of this Act, individually submit to the congressional
defense committees the modernization priority assessment for their
respective National Guard or Reserve component: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
other appropriations
(including transfer of funds)
For an additional amount for Other Appropriations, $1,450,000,000: Provided, That Other Appropriations means the Defense Health Program, Drug Interdiction and Counter-Drug Activities, Joint Improvised
Explosive Device Defeat Fund, Office of the Inspector General, and Defense
Working Capital Funds: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
9001. Notwithstanding any other provision of law, funds made available in this title are in addition to
amounts appropriated or otherwise made available for the Department of
Defense for fiscal year 2015.
(including transfer of funds)
9002. Upon the determination of the Secretary of Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office of Management
and Budget, transfer up to $4,000,000,000 between the appropriations or
funds made available to the Department of Defense in this title: Provided, That the Secretary shall notify the Congress promptly of each transfer made pursuant to the
authority in this section: Provided further, That the authority provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in the Department of Defense
Appropriations Act, 2015.
9003. Supervision and administration costs and costs for design during construction associated with a
construction project funded with appropriations available for operation
and maintenance, Afghanistan Infrastructure Fund, or the Afghanistan Security Forces Fund provided in this Act and executed in direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction contract is
awarded: Provided, That for the purpose of this section, supervision and administration costs and costs for design
during construction include all in-house Government costs.
9004. From funds made available in this title, the Secretary of Defense may purchase for use by military
and civilian employees of the Department of Defense in the U.S. Central
Command area of responsibility: (a) passenger motor vehicles up to a limit
of $75,000 per vehicle; and (b) heavy and light armored vehicles for the
physical security of personnel or for force protection purposes up to a
limit of $250,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
9005. Not to exceed $15,000,000 of the amount appropriated in this title under the heading Operation and Maintenance may be used, notwithstanding any other provision of law, to fund the Commander's Emergency
Response Program (CERP), for the purpose of enabling military commanders
in Afghanistan to respond to urgent, small-scale, humanitarian relief and
reconstruction requirements within their areas of responsibility: Provided, That each project (including any ancillary or related elements in connection with such project)
executed under this authority shall not exceed $10,000,000: Provided further, That not later than 45 days after the end of each fiscal year quarter, the Secretary of Defense
shall submit to the congressional defense committees a report regarding
the source of funds and the allocation and use of funds during that
quarter that were made available pursuant to the authority provided in
this section or under any other provision of law for the purposes
described herein: Provided further, That, not later than 30 days after the end of each month, the Army shall submit to the
congressional defense committees monthly commitment, obligation, and
expenditure data for the Commander's Emergency Response Program in
Afghanistan: Provided further, That not less than 15 days before making funds available pursuant to the authority provided in
this section or under any other provision of law for the purposes
described herein for a project with a total anticipated cost for
completion of $5,000,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing each of the
following:
(1) The location, nature and purpose of the proposed project, including how the project is intended to
advance the military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones, and completion date for the proposed project,
including any other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project, including the agreement with either the host
nation, a non-Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of the activities
and maintenance of any equipment or facilities to be provided through the
proposed project.
9006. Funds available to the Department of Defense for operation and maintenance may be used,
notwithstanding any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other logistical
support to coalition forces supporting military and stability operations
in Afghanistan: Provided, That the Secretary of Defense shall provide quarterly reports to the congressional defense
committees regarding support provided under this section.
9007. None of the funds appropriated or otherwise made available by this or any other Act shall be
obligated or expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of Iraq.
(3) To establish any military installation or base for the purpose of providing for the permanent
stationing of United States Armed Forces in Afghanistan.
9008. None of the funds made available in this Act may be used in contravention of the following laws
enacted or regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law
105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109–148).
9009. None of the funds provided for the Afghanistan Security Forces Fund (ASFF) may be obligated prior to the approval of a financial and activity plan by the Afghanistan
Resources Oversight Council (AROC) of the Department of Defense: Provided, That the AROC must approve the requirement and acquisition plan for any service requirements in
excess of $50,000,000 annually and any non-standard equipment requirements
in excess of $100,000,000 using ASFF: Provided further, That the AROC must approve all projects and the execution plan under the Afghanistan Infrastructure Fund (AIF) and any project in excess of $5,000,000 from the Commander's Emergency Response Program
(CERP): Provided further, That the Department of Defense must certify to the congressional defense committees that the AROC
has convened and approved a process for ensuring compliance with the
requirements in the preceding provisos and accompanying report language
for the ASFF, AIF, and CERP.
9010. Funds made available in this title to the Department of Defense for operation and maintenance may
be used to purchase items having an investment unit cost of not more than
$250,000: Provided, That, upon determination by the Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command engaged in
contingency operations overseas, such funds may be used to purchase items
having an investment item unit cost of not more than $500,000.
9011. From funds made available to the Department of Defense in this title under the heading Operation and Maintenance up to $150,000,000 may be used by the Secretary of Defense, notwithstanding any other provision of
law, to support United States Government transition activities in Iraq by
funding the operations and activities of the Office of Security
Cooperation in Iraq and security assistance teams, including life support,
transportation and personal security, and facilities renovation and
construction, and site closeout activities prior to returning sites to the
Government of Iraq: Provided, That to the extent authorized under the National Defense Authorization Act for Fiscal Year 2015,
the operations and activities that may be carried out by the Office of
Security Cooperation in Iraq may, with the concurrence of the Secretary of
State, include non-operational training activities in support of Iraqi
Minister of Defense and Counter Terrorism Service personnel in an
institutional environment to address capability gaps, integrate processes
relating to intelligence, air sovereignty, combined arms, logistics and
maintenance, and to manage and integrate defense-related institutions: Provided further, That not later than 30 days following the enactment of this Act, the Secretary of Defense and the
Secretary of State shall submit to the congressional defense committees a
plan for transitioning any such training activities that they determine
are needed after the end of fiscal year 2015, to existing or new contracts
for the sale of defense articles or defense services consistent with the
provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.): Provided further, That not less than 15 days before making funds available pursuant to the authority provided in
this section, the Secretary of Defense shall submit to the congressional
defense committees a written notification containing a detailed
justification and timeline for the operations and activities of the Office
of Security Cooperation in Iraq at each site where such operations and
activities will be conducted during fiscal year 2015.
9012.
(a) None of the funds appropriated or otherwise made available by this Act under the heading Operation and Maintenance for payments under section 1233 of Public Law 110–181 for reimbursement to the Government of
Pakistan may be made available unless the Secretary of Defense, in
coordination with the Secretary of State, certifies to the Committees on
Appropriations that the Government of Pakistan is—
(1) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the
Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and
other domestic and foreign terrorist organizations, including taking steps
to end support for such groups and prevent them from basing and operating
in Pakistan and carrying out cross border attacks into neighboring
countries;
(2) not supporting terrorist activities against United States or coalition forces in Afghanistan, and
Pakistan's military and intelligence agencies are not intervening
extra-judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in
the manufacture of IEDs;
(4) preventing the proliferation of nuclear-related material and expertise;
(5) implementing policies to protect judicial independence and due process of law;
(6) issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and
assistance programs in Pakistan; and
(7) providing humanitarian organizations access to detainees, internally displaced persons, and other
Pakistani civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary of State, may waive the restriction in
paragraph (a) 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: Provided, That if the Secretary of Defense, in coordination with the Secretary of State, exercises the
authority of the previous proviso, the Secretaries shall report to the
Committees on Appropriations on both the justification for the waiver and
on the requirements of this section that the Government of Pakistan was
not able to meet: Provided further, That such report may be submitted in classified form if necessary.
9013. None of the funds made available by this Act may be used with respect to Syria in contravention of
the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into hostilities in
Syria, into situations in Syria where imminent involvement in hostilities
is clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and 4
of that law (50 U.S.C. 1542 and 1543).
9014. None of the funds made available by this Act for the Afghanistan Infrastructure Fund may be used to plan, develop, or construct any project for which construction has not commenced
before the date of the enactment of this Act.
9015. No more than 15 percent of the funds made available in Title IX may be obligated, until the
Secretary of Defense provides the congressional defense and intelligence
committees with a detailed spend plan for the funds provided, including an
assurance that no funds will be used in contravention of section 1035 of
the National Defense Authorization Act for Fiscal Year 2014.
X
additional general provisions
spending reduction account
10001. 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.
10002. None of the funds made available by this Act may be used to enter into a contract with any offeror
or any of its principals if the offeror certifies, pursuant to the Federal
Acquisition Regulation, that the offeror or any of its principals—
(1) within a 3-year period preceding this offer has been convicted of or had a civil judgment rendered
against it for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal,
State, or local) contract or subcontract; violation of Federal or State
antitrust statutes relating to the submission of offers; or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, violating Federal criminal
tax laws, or receiving stolen property; or
(2) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in paragraph (1); or
(3) within a 3-year period preceding this offer, has been notified of any delinquent Federal taxes in
an amount that exceeds $3,000 for which the liability remains unsatisfied.
10003. None of the funds made available by this Act may be used for the Afghanistan Infrastructure Fund.
10004. None of the funds made available by this Act may be used to transfer or release to the Republic of
Yemen (or any entity within Yemen) a detainee who is or was held,
detained, or otherwise in the custody of the Department of Defense on or
after June 24, 2009, at the United States Naval Station, Guantanamo Bay,
Cuba.
10005. None of the funds appropriated or otherwise made available by this Act may be used to retire,
divest, or transfer, or to prepare or plan for the retirement, divestment,
or transfer of, the entire KC–10 fleet during fiscal year 2015.
10006. 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.
10007. None of the funds made available by this Act may be used to enter into any contract with an
incorporated entity if such entity’s sealed bid or competitive proposal
shows that such entity is incorporated or chartered in Bermuda or the
Cayman Islands, and such entity’s sealed bid or competitive proposal shows
that such entity was previously incorporated in the United States.
10008. None of the funds made available by this Act may be used to appoint chaplains for the military
departments in contravention of Department of Defense Instruction 1304.28,
dated June 11, 2004, incorporating change 3, dated March 20, 2014,
regarding the appointment of chaplains for the military departments.
10009. None of the funds made available by this Act may be used to enforce section 526 of the Energy
Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C.
17142).
10010. None of the funds made available by this Act may be obligated or expended to transfer man-portable
air defense systems (MANPADS) to any entity in Syria.
10011. None of the funds made available by this Act may be used to design, implement, administer, or carry
out the U.S. Global Climate Research Program National Climate Assessment,
the Intergovernmental Panel on Climate Change’s Fifth Assessment Report,
the United Nations’ Agenda 21 sustainable development plan, or the May
2013 Technical Update of the Social Cost of Carbon for Regulatory Impact
Analysis Under Executive Order No. 12866.
10012. None of the funds made available by this Act may be used with respect to Iraq in contravention of
the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities in Iraq, into
situations in Iraq where imminent involvement in hostilities is clearly
indicated by the circumstances, or into Iraqi territory, airspace, or
waters while equipped for combat, in contravention of the congressional
consultation and reporting requirements of sections 3 and 4 of such
Resolution (50 U.S.C. 1542 and 1543).
10013. None of the funds made available by this Act may be used to plan for or carry out a furlough of a
dual status military technician (as defined in section 10216 of title 10,
United States Code).
10014. None of the funds made available by this Act may be used to implement Executive Order No. 12473 of
April 13, 1984, as amended by Executive Order No. 13669 of June 13, 2014,
as those amendments apply to section 405(i) of the Rules for
Courts-Martial.
10015. None of the funds appropriated or otherwise made available by this Act may be used to pay for
storage for patrol boats procured under the Department of Navy Memorandum
#105–E2P–196 dated October 12, 2010.
10016. None of the funds made available by this Act may be used to implement the Treaty on Open Skies,
done at Helsinki March 24, 1992, and entered into force January 1, 2002.
10017. None of the funds made available by this Act may be used to maintain or improve Department of
Defense real property with a zero percent utilization rate according to
the Department’s real property inventory database, except in the case of
maintenance of an historic property as required by the National Historic
Preservation Act (16 U.S.C. 470 et seq.) or maintenance to prevent a
negative environmental impact as required by the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
10018. None of the funds made available by this Act may be used to procure any Army Aircrew Combat
Uniforms.
10019. None of the funds made available by this Act may be obligated or expended to implement the
Convention on the Prohibition of the Use, Stockpiling, Production and
Transfer of Anti-Personnel Mines and on their Destruction.
10020. None of the funds made available by this Act may be used to carry out any of the following:
(1) Section 2(b), 2(d), 2(g), 3(c), 3(e), 3(f), or 3(g) of Executive Order No. 13423.
(2) Section 2(a), 2(b), 2(c), 2(f)(iii–iv), 2(h), 7, 9, 12, 13, or 16 of Executive Order No. 13514.
(3) Section 2911 of title 10, United States Code.
(4) Section 400AA or 400 FF of the Energy Policy and Conservation Act (42 U.S.C. 6374, 6374e).
(5) Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212).
(6) Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852).
10021. None of the funds made available by this Act may be used to consult, as the term is used in reference to the Department of Defense and the National Security Agency,
in contravention of the assur[ance] provided in section 20(c)(1)(A) of the National Institute of Standards and Technology Act (15
U.S.C. 278g–3(c)(1)(A).
10022. None of the funds made available by this Act may be used to propose, plan for, or execute an
additional Base Realignment and Closure round.
10023. None of the funds made available by this Act may be used in contravention of Article II, section 2
of the Constitution.
10024. None of the funds made available by this Act may be used to transfer weapons to the Palestinian
Authority.
10025. None of the funds made available by this Act may be used to—
(1) disestablish, or prepare to disestablish, a Senior Reserve Officers’ Training Corps program in
accordance with Department of Defense Instruction Number 1215.08, dated
June 26, 2006; or
(2) close, downgrade from host to extension center, or place on probation a Senior Reserve Officers’
Training Corps program in accordance with the information paper of the
Department of the Army titled Army Senior Reserve Officers’ Training Corps (SROTC) Program Review and Criteria, dated January 27, 2014.
10026. None of the funds appropriated or otherwise made available in this Act may be used to enter into a
contract for the planning, design, refurbishing, or construction of a
biofuels refinery unless such planning, design, refurbishing, or
construction is specifically authorized by law.
10027. None of the funds made available by this Act may be used to divest, retire, transfer, or place in
storage, or prepare to divest, retire, transfer, or place in storage, any
A–10 aircraft, or to disestablish any units of the active or reserve
component associated with such aircraft.
10028. None of the funds appropriated or otherwise made available by this Act may be used to transfer or
release any individual detained at United States Naval Station, Guantanamo
Bay, Cuba to the individual’s country of origin or to any other foreign
country.
10029.
(a) Except as provided in subsection (b), none of the funds made available by this Act may be used by
an officer or employee of the United States to query a collection of
foreign intelligence information acquired under section 702 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) using a United
States person identifier.
(b) Subsection (a) shall not apply to queries for foreign intelligence information authorized under
section 105, 304, 703, 704, or 705 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1805; 1842; 1881b; 1881c; 1881d), or
title 18, United States Code, regardless of under what Foreign
Intelligence Surveillance Act authority it was collected.
(c) Except as provided for in subsection (d), none of the funds made available by this Act may be used
by the National Security Agency or the Central Intelligence Agency to
mandate or request that a person (as defined in section 1801(m) of title
50, United States Code) alter its product or service to permit the
electronic surveillance (as defined in section 1801(f) of title 50, United
States Code) of any user of said product or service for said agencies.
(d) Subsection (c) shall not apply with respect to mandates or requests authorized under the
Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et
seq.).
10030. None of the funds made available in this Act may be used to enter into a contract with any person
whose disclosures of a proceeding with a disposition listed in section
2313(c)(1) of title 41, United States Code, in the Federal Awardee
Performance and Integrity Information System include the term Fair Labor Standards Act..
10031. None of the funds made available by this Act may be used in contravention of section 1034 of title
10, Untied States Code.
10032. None of the funds made available by this Act may be used by the Defense Logistics Agency to
implement the Small Business Administration interim final rule titled Small Business Size Standards; Adoption of 2012 North American Industry Classification System (published August 20, 2012, in the Federal Register) with respect to the procurement of footwear.
10033. None of the funds made available by this Act may be obligated or expended to the following entities
or in contravention of section 2339B of title 18, United States Code:
(1) The Government of Iran.
(2) The Government of Syria.
(3) The Palestinian Authority.
(4) Hamas.
(5) The Islamic State of Iraq and Syria.
This Act may be cited as the Department of Defense Appropriations Act, 2015.
That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the
Department
of Defense for the fiscal year ending September 30, 2015, and for other
purposes, namely:
I
Military
personnel
Military personnel, army
For pay, allowances, individual clothing,
subsistence, interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members
of the Army on active duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the Reserve Officers'
Training Corps; and for payments pursuant to section 156 of Public Law 97–377,
as amended (42 U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund,
$41,222,729,000.
Military personnel, navy
For pay, allowances, individual clothing,
subsistence, interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members
of the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of Public
Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund,
$27,515,655,000.
Military personnel, marine
corps
For pay, allowances,
individual clothing, subsistence, interest on deposits, gratuities, permanent
change of station travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between permanent duty
stations, for members of the Marine Corps on active duty (except members of the
Reserve provided for elsewhere); and for payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund,
$12,826,843,000.
Military personnel, air force
For pay, allowances, individual clothing,
subsistence, interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members
of the Air Force on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of Public
Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund,
$27,928,039,000.
Reserve personnel, army
For pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses for personnel of the Army Reserve on
active duty under sections 10211, 10302, and 3038 of title 10, United States
Code, or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$4,223,400,000.
Reserve personnel, navy
For pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses for personnel of the Navy Reserve on
active duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or while performing
drills or equivalent duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of Defense Military
Retirement Fund,
$1,841,624,000.
Reserve personnel, marine
corps
For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Marine Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department of Defense
Military Retirement Fund,
$661,174,000.
Reserve personnel, air force
For pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses for personnel of the Air Force Reserve
on active duty under sections 10211, 10305, and 8038 of title 10, United States
Code, or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$1,660,148,000.
National guard personnel,
army
For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Army National Guard while on duty under sections 10211, 10302, or 12402
of title 10 or section 708 of title 32, United States Code, or while serving on
duty under section 12301(d) of title 10 or section 502(f) of title 32, United
States Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$7,425,722,000.
National guard personnel, air
force
For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Air National Guard on duty under sections 10211, 10305, or 12402 of title
10 or section 708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32, United States
Code, in connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while performing
drills or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund,
$3,125,209,000.
II
operation and maintenance
Operation and maintenance,
army
For expenses, not
otherwise provided for, necessary for the operation and maintenance of the
Army, as authorized by law, $33,396,688,000: Provided, That not to exceed
$12,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of the
Secretary of the Army, and payments may be made on his certificate of necessity
for confidential military purposes.
Operation and Maintenance,
Navy
For expenses, not
otherwise provided for, necessary for the operation and maintenance of the Navy
and the Marine Corps, as authorized by law, $38,822,366,000: Provided, That not to exceed
$15,055,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of the
Secretary of the Navy, and payments may be made on his certificate of necessity
for confidential military purposes.
Operation and maintenance, marine
corps
For expenses, not
otherwise provided for, necessary for the operation and maintenance of the
Marine Corps, as authorized by law,
$5,997,507,000.
Operation and maintenance, air
force
For expenses, not
otherwise provided for, necessary for the operation and maintenance of the Air
Force, as authorized by law, $35,485,568,000: Provided, That not to exceed
$7,699,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of the
Secretary of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes.
Operation and maintenance,
defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for,
necessary for the operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as authorized by
law, $31,049,591,000:
Provided, That not more than
$15,000,000 may be used for the Combatant
Commander Initiative Fund authorized under section 166a of title 10, United
States Code:
Provided further, That
not to exceed $36,000,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval or
authority of the Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That
of the funds provided under this heading, not less than
$35,745,000 shall be made available for the
Procurement Technical Assistance Cooperative Agreement Program, of which not
less than $3,600,000 shall be available for
centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That
none of the funds appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the office of the
Secretary of a military department, or the service headquarters of one of the
Armed Forces into a legislative affairs or legislative liaison office:
Provided further, That
$8,881,000, to remain available until expended,
is available only for expenses relating to certain classified activities, and
may be transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the same time period
as the appropriations to which transferred:
Provided further, That
any ceiling on the investment item unit cost of items that may be purchased
with operation and maintenance funds shall not apply to the funds described in
the preceding proviso:
Provided further, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.
Operation and maintenance, army
reserve
For expenses, not
otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Army Reserve; repair of
facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications,
$2,474,995,000.
Operation and maintenance, navy
reserve
For expenses, not
otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Navy Reserve; repair of
facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications,
$990,633,000.
Operation and maintenance, marine corps
reserve
For expenses, not
otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Marine Corps Reserve; repair
of facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications,
$270,482,000.
Operation and maintenance, air force
reserve
For expenses, not
otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications,
$2,989,206,000.
Operation and maintenance, army national
guard
For expenses of
training, organizing, and administering the Army National Guard, including
medical and hospital treatment and related expenses in non-Federal hospitals;
maintenance, operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for Army personnel
on active duty, for Army National Guard division, regimental, and battalion
commanders while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard Bureau;
supplying and equipping the Army National Guard as authorized by law; and
expenses of repair, modification, maintenance, and issue of supplies and
equipment (including aircraft),
$6,231,351,000.
Operation and maintenance, air national
guard
For expenses of
training, organizing, and administering the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal hospitals;
maintenance, operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles; supplying and
equipping the Air National Guard, as authorized by law; expenses for repair,
modification, maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as authorized
by law for Air National Guard personnel on active Federal duty, for Air
National Guard commanders while inspecting units in compliance with National
Guard Bureau regulations when specifically authorized by the Chief, National
Guard Bureau,
$6,361,281,000.
United states court of appeals for the
armed forces
For salaries and
expenses necessary for the United States Court of Appeals for the Armed Forces,
$13,723,000, of which not to exceed
$5,000 may be used for official representation
purposes.
Environmental restoration,
army
(including transfer of funds)
For the Department of the Army,
$201,560,000, to remain available until
transferred:
Provided, That the Secretary of the
Army shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
Provided further, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.
Environmental restoration,
navy
(including transfer of funds)
For the Department of the Navy,
$277,294,000, to remain available until
transferred:
Provided, That the Secretary of the
Navy shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of the Navy, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
Provided further, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.
Environmental restoration, air
force
(including transfer of funds)
For the Department of the Air Force,
$408,716,000, to remain available until
transferred:
Provided, That the Secretary of the
Air Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste, removal
of unsafe buildings and debris of the Department of the Air Force, or for
similar purposes, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Air Force, to be
merged with and to be available for the same purposes and for the same time
period as the appropriations to which transferred:
Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
Provided further, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.
Environmental restoration,
defense-Wide
(including transfer of funds)
For the Department of Defense,
$8,547,000, to remain available until
transferred:
Provided, That the Secretary of
Defense shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of Defense, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
Provided further, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.
Environmental restoration, formerly used
defense sites
(including transfer of funds)
For the Department of the Army,
$258,353,000, to remain available until
transferred:
Provided, That the Secretary of the
Army shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris at sites formerly used by the Department of Defense,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
Provided further, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.
Overseas humanitarian, disaster, and civic
aid
For expenses relating to
the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department
of Defense (consisting of the programs provided under sections 401, 402, 404,
407, 2557, and 2561 of title 10, United States Code),
$100,000,000, to remain available until
September 30, 2016.
Cooperative threat reduction
account
For assistance to the
republics of the former Soviet Union and, with appropriate authorization by the
Department of Defense and Department of State, to countries outside of the
former Soviet Union, including assistance provided by contract or by grants,
for facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and weapon-related
technology and expertise; for programs relating to the training and support of
defense and military personnel for demilitarization and protection of weapons,
weapons components, and weapons technology and expertise, and for defense and
military contacts, $365,108,000, to remain
available until September 30, 2017.
Department of defense acquisition workforce
development fund
For the
Department of Defense Acquisition Workforce Development Fund,
$83,034,000.
III
PROCUREMENT
Aircraft procurement, army
For construction, procurement, production,
modification, and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes,
$4,880,153,000, to remain available for
obligation until September 30, 2017.
Missile procurement, army
For construction, procurement, production,
modification, and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes,
$1,008,692,000, to remain available for
obligation until September 30, 2017.
Procurement of weapons and tracked combat
vehicles, army
For
construction, procurement, production, and modification of weapons and tracked
combat vehicles, equipment, including ordnance, spare parts, and accessories
therefor; specialized equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,701,549,000, to remain available for
obligation until September 30, 2017.
Procurement of ammunition,
army
For construction,
procurement, production, and modification of ammunition, and accessories
therefor; specialized equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,015,477,000, to remain available for
obligation until September 30, 2017.
Other Procurement,
Army
For construction, procurement, production,
and modification of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare parts,
ordnance, and accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary therefor,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing purposes,
$4,449,383,000, to remain available for
obligation until September 30, 2017.
Aircraft procurement, navy
For construction, procurement, production,
modification, and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment; expansion of
public and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway,
$13,960,270,000, to remain available for
obligation until September 30, 2017.
Weapons procurement, navy
For construction, procurement, production,
modification, and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and installation
of equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$3,263,794,000, to remain available for
obligation until September 30, 2017.
Procurement of ammunition, navy and marine
corps
For construction,
procurement, production, and modification of ammunition, and accessories
therefor; specialized equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$754,845,000, to remain available for obligation
until September 30, 2017.
Shipbuilding and conversion,
navy
For expenses necessary
for the construction, acquisition, or conversion of vessels as authorized by
law, including armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be constructed
or converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title, as
follows:
Carrier Replacement Program,
$1,230,000,000;
Virginia Class Submarine,
$3,553,254,000;
Virginia Class Submarine (AP),
$2,330,325,000;
CVN Refueling Overhauls (AP),
$483,600,000;
DDG–1000 Program,
$419,532,000;
DDG–51 Destroyer,
$2,671,415,000;
DDG–51 Destroyer (AP),
$134,039,000;
Littoral Combat Ship, $1,507,049,000;
LPD–17, $800,000,000;
LHA Replacement, $29,093,000;
Joint High Speed Vessel,
$200,000,000;
Moored Training Ship,
$737,268,000;
Moored Training Ship (AP), $64,388,000;
Ship to Shore Connector, $184,233,000;
LCAC Service Life Extension Program,
$40,485,000; and
For outfitting, post delivery, conversions,
and first destination transportation,
$503,804,000.
Completion of Prior Year Shipbuilding
Programs, $1,007,285,000.
In all:
$15,895,770,000, to remain available for
obligation until September 30, 2019:
Provided, That additional
obligations may be incurred after September 30, 2019, for engineering services,
tests, evaluations, and other such budgeted work that must be performed in the
final stage of ship construction:
Provided further, That
none of the funds provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards in the United
States shall be expended in foreign facilities for the construction of major
components of such vessel:
Provided further, That
none of the funds provided under this heading shall be used for the
construction of any naval vessel in foreign
shipyards.
Other procurement,
navy
For procurement, production, and
modernization of support equipment and materials not otherwise provided for,
Navy ordnance (except ordnance for new aircraft, new ships, and ships
authorized for conversion); the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway,
$6,060,433,000, to remain available for
obligation until September 30, 2017.
Procurement, marine corps
For expenses necessary for the procurement,
manufacture, and modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for replacement only;
and expansion of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$944,029,000, to remain available for
obligation until September 30, 2017.
Aircraft Procurement, Air
Force
For construction, procurement, and
modification of aircraft and equipment, including armor and armament,
specialized ground handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing purposes,
and such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, including rents and transportation of things,
$11,214,612,000, to remain available for
obligation until September 30, 2017.
Missile procurement, air
force
For construction,
procurement, and modification of missiles, spacecraft, rockets, and related
equipment, including spare parts and accessories therefor; ground handling
equipment, and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants, erection of
structures, and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing purposes,
including rents and transportation of things,
$4,652,552,000, to remain available for
obligation until September 30, 2017.
Procurement of ammunition, air
force
For construction,
procurement, production, and modification of ammunition, and accessories
therefor; specialized equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$675,459,000, to remain available for obligation
until September 30, 2017.
Other procurement, air
force
For procurement and modification of
equipment (including ground guidance and electronic control equipment, and
ground electronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of passenger
motor vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment layaway,
$16,500,308,000, to remain available for
obligation until September 30, 2017.
Procurement,
Defense-Wide
For expenses of activities and agencies of
the Department of Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies, materials,
and spare parts therefor, not otherwise provided for; the purchase of passenger
motor vehicles for replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of structures, and
acquisition of land for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment layaway,
$4,380,729,000, to remain available for
obligation until September 30, 2017.
Defense production act
purchases
For activities by
the Department of Defense pursuant to sections 108, 301, 302, and 303 of the
Defense Production Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$51,638,000, to remain available until
expended.
IV
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
Research, development, test and evaluation,
army
For expenses necessary
for basic and applied scientific research, development, test and evaluation,
including maintenance, rehabilitation, lease, and operation of facilities and
equipment, $6,544,151,000, to remain available
for obligation until September 30, 2016.
Research, development, test and evaluation,
navy
For expenses necessary
for basic and applied scientific research, development, test and evaluation,
including maintenance, rehabilitation, lease, and operation of facilities and
equipment, $15,920,372,000, to remain available
for obligation until September 30, 2016:
Provided, That funds appropriated
in this paragraph which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces.
Research, development, test and evaluation,
air force
For expenses
necessary for basic and applied scientific research, development, test and
evaluation, including maintenance, rehabilitation, lease, and operation of
facilities and equipment, $23,082,702,000, to
remain available for obligation until September 30,
2016.
Research, Development, Test and Evaluation,
Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of
the Department of Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation
of facilities and equipment, $16,805,571,000, to
remain available for obligation until September 30, 2016:
Provided, That of the funds made
available in this paragraph, $75,000,000 for
the Defense Rapid Innovation Program shall only be available for expenses, not
otherwise provided for, to include program management and oversight, to conduct
research, development, test and evaluation to include proof of concept
demonstration; engineering, testing, and validation; and transition to
full-scale production:
Provided further, That
the Secretary of Defense may transfer funds provided herein for the Defense
Rapid Innovation Program to appropriations for research, development, test and
evaluation to accomplish the purpose provided herein:
Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense:
Provided further, That
the Secretary of Defense shall, not fewer than 30 days prior to making
transfers from this appropriation, notify the congressional defense committees
in writing of the details of any such transfer.
Operational test and evaluation,
defense
For expenses, not
otherwise provided for, necessary for the independent activities of the
Director, Operational Test and Evaluation, in the direction and supervision of
operational test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of, production
decisions; joint operational testing and evaluation; and administrative
expenses in connection therewith, $214,038,000,
to remain available for obligation until September 30,
2016.
V
revolving and management funds
Defense working capital funds
For the Defense Working Capital Funds,
$1,659,468,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs,
projects, and activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and preserve a
U.S.-flag merchant fleet to serve the national security needs of the United
States, $490,610,000, to remain available until
expended:
Provided, That none of the funds
provided in this paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components unless such
components are manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes:
Provided further, That
the exercise of an option in a contract awarded through the obligation of
previously appropriated funds shall not be considered to be the award of a new
contract:
Provided further, That none of the funds provided in this paragraph shall be used to award a new contract for the
construction, acquisition, or conversion of vessels, including procurement
of critical, long lead time components and designs for vessels to be
constructed or converted in the future:
Provided further, That
the Secretary of the military department responsible for such procurement may
waive the restrictions in the first proviso on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire capability for national
security purposes.
VI
other department of defense
programs
Defense health program
For expenses, not otherwise provided for,
for medical and health care programs of the Department of Defense as authorized
by law, $31,570,895,000; of which
$29,826,688,000 shall be for operation and
maintenance, of which not to exceed 1 percent shall remain available for
obligation until
September 30, 2016, and of which up to
$14,531,858,000 may be available for contracts
entered into under the TRICARE program; of which
$308,413,000, to remain available for obligation
until September 30, 2017, shall be for procurement; and of which
$1,435,794,000, to remain available for
obligation until September 30, 2016, shall be for research, development, test
and evaluation:
Provided, That of the funds provided under this heading for operation and maintenance, procurement, and
research, development, test and evaluation for the Interagency Program
Office, the Defense Healthcare Management Systems Modernization
(DHMSM) program, and the Defense Medical Information Exchange, not
more than 25 percent may be obligated until the Secretary of Defense
submits to the Government Accountability Office and
the Committees on Appropriations of the House of Representatives and the
Senate, and such Committees approve, a plan for expenditure that
describes: (1) the status of the final request for proposal for DHMSM and
how the program office used comments received from industry from draft
requests for proposal to refine the final request for proposal; (2) any
changes to the deployment timeline, including benchmarks, for full
operating capability; (3) any refinements to the cost estimate for full
operating capability and the total life cycle cost of the project; (4) an
assurance that the acquisition strategy will comply with the acquisition
rules, requirements, guidelines, and systems acquisition management
practices of the Federal Government; (5) the status of the effort to
achieve interoperability between the electronic health record systems of
the Department of Defense and the Department of Veterans Affairs,
including the scope, cost, schedule, mapping to health data standards, and
performance benchmarks of the interoperable record; and (6) the progress
toward developing, implementing, and fielding the interoperable electronic
health record throughout the two Departments’ medical facilities.
Chemical agents and munitions destruction,
defense
For expenses, not
otherwise provided for, necessary for the destruction of the United States
stockpile of lethal chemical agents and munitions in accordance with the
provisions of section 1412 of the Department of Defense Authorization Act, 1986
(50 U.S.C. 1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile,
$798,268,000, of which
$192,128,000 shall be for operation and
maintenance, of which no less than $52,102,000
shall be for the Chemical Stockpile Emergency Preparedness Program, consisting
of $21,016,000 for activities on military
installations and $31,086,000, to remain
available until September 30, 2016, to assist State and local governments;
$10,227,000 shall be for procurement, to remain
available until September 30, 2017, of which
$3,225,000 shall be for the Chemical Stockpile
Emergency Preparedness Program to assist State and local governments; and
$595,913,000, to remain available until
September 30, 2016, shall be for research, development, test and evaluation, of
which $575,808,000 shall only be for the
Assembled Chemical Weapons Alternatives (ACWA)
program.
Drug Interdiction and Counter-Drug
Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug
activities of the Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel of the reserve
components serving under the provisions of title 10 and title 32, United States
Code; for operation and maintenance; for procurement; and for research,
development, test and evaluation,
$950,687,000:
Provided, That the funds
appropriated under this heading shall be available for obligation for the same
time period and for the same purpose as the appropriation to which transferred:
Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
Provided further, That
the transfer authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this
Act.
Support for international sporting competitions
For logistical and security support for international sporting competitions
(including pay and non-travel related allowances only for members of the
Reserve Components of the Armed Forces of the United States called or
ordered to active duty in connection with providing such support),
$10,000,000, to remain available until expended.
Office of the inspector
general
For expenses and
activities of the Office of the Inspector General in carrying out the
provisions of the Inspector General Act of 1978, as amended,
$311,830,000, of which
$310,830,000 shall be for operation and
maintenance, of which not to exceed $700,000 is
available for emergencies and extraordinary expenses to be expended on the
approval or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,000,000, to remain
available until September 30, 2017, shall be for procurement.
VII
related agencies
Central intelligence agency retirement and
disability system fund
For
payment to the Central Intelligence Agency Retirement and Disability System
Fund, to maintain the proper funding level for continuing the operation of the
Central Intelligence Agency Retirement and Disability System,
$514,000,000.
Intelligence community management
account
For necessary expenses
of the Intelligence Community Management Account,
$509,374,000.
VIII
general provisions
8001. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes not authorized
by
the Congress.
8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or employment of, any
person
not a citizen of the United States shall not apply to personnel of the
Department of Defense:
Provided, That salary increases
granted to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in excess
of
the percentage increase authorized by law for civilian employees of the
Department of Defense whose pay is computed under the provisions of
section
5332 of title 5, United States Code, or at a rate in excess of the
percentage
increase provided by the appropriate host nation to its own employees,
whichever is higher:
Provided further,
That this section shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic missions whose pay
is
set by the Department of State under the Foreign Service Act of 1980:
Provided further,
That the limitations of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of Turkey.
8003. No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal
year,
unless expressly so provided herein.
8004. No more than 20 percent of the
appropriations in this Act which are limited for obligation during the
current
fiscal year shall be obligated during the last 2 months of the fiscal
year:
Provided, That this section shall
not apply to obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers' Training
Corps.
(transfer of
funds)
8005. Upon determination by the Secretary of
Defense that such action is necessary in the national interest, he may,
with
the approval of the Office of Management and Budget, transfer not to
exceed
$4,500,000,000 of working capital funds of the
Department of Defense or funds made available in this Act to the
Department of
Defense for military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with and
to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred:
Provided, That such authority to
transfer may not be used unless for higher priority items, based on
unforeseen
military requirements, than those for which originally appropriated and in
no
case where the item for which funds are requested has been denied by the
Congress:
Provided further,
That the Secretary of Defense shall notify the Congress promptly of all
transfers made pursuant to this authority or any other authority in this
Act:
Provided further,
That no part of the funds in this Act shall be available to prepare or
present
a request to the Committees on Appropriations for reprogramming of funds,
unless for higher priority items, based on unforeseen military
requirements,
than those for which originally appropriated and in no case where the item
for
which reprogramming is 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 to June 30, 2015:
Provided further,
That transfers among military personnel appropriations shall not be taken
into
account for purposes of the limitation on the amount of funds that may be
transferred under this section.
8006.
(a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts and adjustments
to
budget activities corresponding to such programs, projects, and
activities)
contained in the tables titled Committee Recommended Adjustments
in the explanatory statement regarding this Act, the obligation and
expenditure
of amounts appropriated or otherwise made available in this Act for those
programs, projects, and activities for which the amounts appropriated
exceed
the amounts requested are hereby required by law to be carried out in the
manner provided by such tables to the same extent as if the tables were
included in the text of this Act.
(b) Amounts specified in the referenced tables
described in subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall
apply when transfers of the amounts described in subsection (a) occur
between
appropriation accounts.
8007.
(a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to the
congressional
defense committees to establish the baseline for application of
reprogramming
and transfer authorities for fiscal year 2015:
Provided, That the report shall
include—
(1) 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) a delineation in the table for each
appropriation both by budget activity and program, project, and activity
as
detailed in the Budget Appendix; and
(3) an identification of items of special
congressional interest.
(b) Notwithstanding section 8005 of this Act,
none of the funds provided in this Act shall be available for
reprogramming or
transfer until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in
writing to the congressional defense committees that such reprogramming or
transfer is necessary as an emergency requirement.
(TRANSFER OF
FUNDS)
8008. During the current fiscal year, cash
balances in working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may be
maintained in
only such amounts as are necessary at any time for cash disbursements to
be
made from such funds:
Provided, That transfers may be
made between such funds:
Provided further,
That transfers may be made between working capital funds and the Foreign
Currency Fluctuations, Defense appropriation and the Operation
and Maintenance appropriation accounts in such amounts as may be
determined by the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be made unless
the
Secretary of Defense has notified the Congress of the proposed transfer.
Except
in amounts equal to the amounts appropriated to working capital funds in
this
Act, no obligations may be made against a working capital fund to procure
or
increase the value of war reserve material inventory, unless the Secretary
of
Defense has notified the Congress prior to any such obligation.
8009. Funds appropriated by this Act may not be
used to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
8010. None of the funds provided in this Act
shall be available to initiate: (1) a multiyear contract that employs
economic
order quantity procurement in excess of
$20,000,000 in any one year of the contract or
that includes an unfunded contingent liability in excess of
$20,000,000; or (2) a contract for advance
procurement leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in
any one year, unless the congressional defense committees have been
notified at
least 30 days in advance of the proposed contract award:
Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear
contract for which the economic order quantity advance procurement is not
funded at least to the limits of the Government's liability:
Provided further,
That no part of any appropriation contained in this Act shall be available
to
initiate multiyear procurement contracts for any systems or component
thereof
if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in
this Act:
Provided further,
That no multiyear procurement contract can be terminated without 30-day
prior
notification to the congressional defense committees:
Provided further,
That the execution of multiyear authority shall require the use of a
present
value analysis to determine lowest cost compared to an annual procurement:
Provided further,
That none of the funds provided in this Act may be used for a multiyear
contract executed after the date of the enactment of this Act unless in
the
case of any such contract—
(1) the Secretary of Defense has submitted to
Congress a budget request for full funding of units to be procured through
the
contract and, in the case of a contract for procurement of aircraft, that
includes, for any aircraft unit to be procured through the contract for
which
procurement funds are requested in that budget request for production
beyond
advance procurement activities in the fiscal year covered by the budget,
full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do
not include consideration of recurring manufacturing costs of the
contractor
associated with the production of unfunded units to be delivered under the
contract;
(3) the contract provides that payments to the
contractor under the contract shall not be made in advance of incurred
costs on
funded units; and
(4) the contract does not provide for a price
adjustment based on a failure to award a follow-on contract.
8011. Within the funds appropriated for the
operation and maintenance of the Armed Forces, funds are hereby
appropriated
pursuant to section 401 of title 10, United States Code, for humanitarian
and
civic assistance costs under chapter 20 of title 10, United States Code.
Such
funds may also be obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority granted in
section 401 of chapter 20 of title 10, United States Code, and these
obligations shall be reported as required by section 401(d) of title 10,
United
States Code:
Provided, That funds available
for operation and maintenance shall be available for providing
humanitarian and
similar assistance by using Civic Action Teams in the Trust Territories of
the
Pacific Islands and freely associated states of Micronesia, pursuant to
the
Compact of Free Association as authorized by Public Law 99–239:
Provided further,
That upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical
facilities located in Hawaii, the Secretary of the Army may authorize the
provision of medical services at such facilities and transportation to
such
facilities, on a nonreimbursable basis, for civilian patients from
American
Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall
Islands,
the Federated States of Micronesia, Palau, and Guam.
8012.
(a) During fiscal year 2015, the civilian
personnel of the Department of Defense may not be managed on the basis of
any
end-strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an
end-strength)
on the number of such personnel who may be employed on the last day of
such
fiscal year.
(b) The fiscal year 2016 budget request for the
Department of Defense as well as all justification material and other
documentation supporting the fiscal year 2016 Department of Defense budget
request shall be prepared and submitted to the Congress as if subsections
(a)
and (b) of this provision were effective with regard to fiscal year
2016.
(c) Nothing in this section shall be construed
to apply to military (civilian) technicians.
8013. None of the funds made available by this
Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before
the Congress.
8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any member of the
Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits
Fund when time spent as a full-time student is credited toward completion
of a
service commitment:
Provided, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987:
Provided further,
That this section applies only to active components of the Army.
(TRANSFER OF
FUNDS)
8015. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protégé Program may be
transferred
to any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protégé Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal
Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained in
this
Act.
(including transfer of funds)
8016. In addition to amounts provided elsewhere in this Act, there is appropriated $139,000,000, for an
additional amount for “Operation and Maintenance, Defense-Wide”, to remain
available until expended:
Provided, That such funds shall only be available to the Secretary of Defense, acting through the Office of
Economic Adjustment of the Department of Defense, or for transfer to the
Secretary of Education, notwithstanding any other provision of law, to
make grants, conclude cooperative agreements, or supplement other Federal
funds to construct, renovate, repair, or expand elementary and secondary
public schools on military installations in order to address capacity or
facility condition deficiencies at such schools:
Provided further,
That in making such funds available, the Office of Economic Adjustment or
the Secretary of Education shall give priority consideration to those
military installations with schools having the most serious capacity or
facility condition deficiencies as determined by the Secretary of Defense:
Provided further,
That such grants shall be accompanied by a reasonable cost sharing
agreement.
8017. None of the funds available to the
Department of Defense may be used to demilitarize or dispose of M–1
Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or
M–1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale
under Federal law, unless the small arms ammunition or ammunition
components
are certified by the Secretary of the Army or designee as unserviceable,
unsuitable, or
unsafe for further use.
8018. No more than
$500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single
relocation of an organization, unit, activity or function of the
Department of
Defense into or within the National Capital Region:
Provided, That the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying
in
writing to the congressional defense committees that such a relocation is
required in the best interest of the Government.
8019. Of the funds appropriated in this Act, up to $15,000,000 may be made available for incentive
payments authorized by section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any
subcontractor or supplier as defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an individual or
individuals defined under section 4221(9) of title 25, United States Code,
shall be considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian Financing Act of
1974 (25 U.S.C. 1544) whenever the prime contract or subcontract amount is
over $500,000 and involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with respect to any
fiscal year:
Provided further,
That notwithstanding section 1906 of title 41, United States Code, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part, by any subcontractor or supplier defined in section 1544
of title 25, United States Code, or a small business owned and controlled
by an individual or individuals defined under section 4221(9) of title 25,
United States Code.
8020. Funds appropriated by this Act for the
Defense Media Activity shall not be used for any national or international
political or psychological activities.
8021. During the current fiscal year, the
Department of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of receipt of
contributions, only from the Government of Kuwait, under that section:
Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
8022.
(a) Of the funds made available in this Act,
not less than $37,800,000 shall be available for
the Civil Air Patrol Corporation, of which—
(1) $27,400,000
shall be available from Operation and Maintenance, Air Force to
support Civil Air Patrol Corporation operation and maintenance, readiness,
counterdrug activities, and drug demand reduction activities involving
youth
programs; and
(2) $10,400,000
shall be available from Aircraft Procurement, Air Force.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for counter-drug
activities in support of Federal, State, and local government agencies.
8023.
(a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (department)
federally
funded research and development center (FFRDC), either as a new entity, or
as a
separate entity administrated by an organization managing another FFRDC,
or as
a nonprofit membership corporation consisting of a consortium of other
FFRDCs
and other nonprofit entities.
(b) No member of a Board of Directors,
Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting
Committee,
or any similar entity of a defense FFRDC, and no paid consultant to any
defense
FFRDC, except when acting in a technical advisory capacity, may be
compensated
for his or her services as a member of such entity, or as a paid
consultant by
more than one FFRDC in a fiscal year:
Provided, That a member of any
such entity referred to previously in this subsection shall be allowed
travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations,
when engaged in the performance of membership duties.
(c) Notwithstanding any other provision of law,
none of the funds available to the department from any source during
fiscal
year 2015 may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings, for payment of cost sharing
for
projects funded by Government grants, for absorption of contract overruns,
or
for certain charitable contributions, not to include employee
participation in
community service and/or development.
(d) Notwithstanding any other provision of law,
of the funds available to the department during fiscal year 2015, not more
than
5,750 staff years of technical effort (staff years) may be funded for
defense
FFRDCs:
Provided, That of the specific
amount referred to previously in this subsection, not more than 1,125
staff
years may be funded for the defense studies and analysis FFRDCs:
Provided further,
That this subsection shall not apply to staff years funded in the National
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the
submission of the department's fiscal year 2016 budget request, submit a
report
presenting the specific amounts of staff years of technical effort to be
allocated for each defense FFRDC during that fiscal year and the
associated
budget estimates.
(f) Notwithstanding any other provision of this
Act, the total amount appropriated in this Act for FFRDCs is hereby
reduced by
$40,000,000.
8024. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy, or armor
steel
plate for use in any Government-owned facility or property under the
control of
the Department of Defense which were not melted and rolled in the United
States
or Canada:
Provided, That these procurement
restrictions shall apply to any and all Federal Supply Class 9515,
American
Society of Testing and Materials (ASTM) or American Iron and Steel
Institute
(AISI) specifications of carbon, alloy or armor steel plate:
Provided further,
That the Secretary of the military department responsible for the
procurement
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 adequate domestic supplies are not available to meet Department of
Defense
requirements on a timely basis and that such an acquisition must be made
in
order to acquire capability for national security purposes:
Provided further,
That these restrictions shall not apply to contracts which are in being as
of
the date of the enactment of this Act.
8025. For the purposes of this Act, the term
congressional defense committees means the Armed Services
Committee of the House of Representatives, the Armed Services Committee of
the
Senate, the Subcommittee on Defense of the Committee on Appropriations of
the
Senate, and the Subcommittee on Defense of the Committee on Appropriations
of
the House of Representatives.
8026. During the current fiscal year, the
Department of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production of
components and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior
Acquisition Executive of the military department or Defense Agency
concerned,
with power of delegation, shall certify that successful bids include
comparable
estimates of all direct and indirect costs for both public and private
bids:
Provided further,
That Office of Management and Budget Circular A–76 shall not apply to
competitions conducted under this section.
8027.
(a)
(1) If the Secretary of Defense, after
consultation with the United States Trade Representative, determines that
a
foreign country which is party to an agreement described in paragraph (2)
has
violated the terms of the agreement by discriminating against certain
types of
products produced in the United States that are covered by the agreement,
the
Secretary of Defense shall rescind the Secretary's blanket waiver of the
Buy
American Act with respect to such types of products produced in that
foreign
country.
(2) An agreement referred to in paragraph (1)
is any reciprocal defense procurement memorandum of understanding, between
the
United States and a foreign country pursuant to which the Secretary of
Defense
has prospectively waived the Buy American Act for certain products in that
country.
(b) The Secretary of Defense shall submit to
the Congress a report on the amount of Department of Defense purchases
from
foreign entities in fiscal year 2015. Such report shall separately
indicate the
dollar value of items for which the Buy American Act was waived pursuant
to any
agreement described in subsection (a)(2), the Trade Agreement Act of 1979
(19
U.S.C. 2501 et seq.), or any international agreement to which the United
States
is a party.
(c) For purposes of this section, the term
Buy American Act means chapter 83 of title 41, United States
Code.
8028. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military Facility
Investment
Recovery Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall
be
available until expended for the payments specified by section 2921(c)(2)
of
that Act.
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) 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).
8030. During the current fiscal year,
appropriations which are available to the Department of Defense for
operation
and maintenance may be used to purchase items having an investment item
unit
cost of not more than $250,000.
8031.
(a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital
Funds shall be used for the purchase of an investment item for the purpose
of
acquiring a new inventory item for sale or anticipated sale during the
current
fiscal year or a subsequent fiscal year to customers of the Department of
Defense Working Capital Funds if such an item would not have been
chargeable to
the Department of Defense Business Operations Fund during fiscal year 1994
and
if the purchase of such an investment item would be chargeable during the
current fiscal year to appropriations made to the Department of Defense
for
procurement.
(b) The fiscal year 2016 budget request for the
Department of Defense as well as all justification material and other
documentation supporting the fiscal year 2016 Department of Defense budget
shall be prepared and submitted to the Congress on the basis that any
equipment
which was classified as an end item and funded in a procurement
appropriation
contained in this Act shall be budgeted for in a proposed fiscal year 2016
procurement appropriation and not in the supply management business area
or any
other area or category of the Department of Defense Working Capital
Funds.
8032. None of the funds appropriated by this Act
for programs of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds appropriated
for
the Reserve for Contingencies, which shall remain available until
September 30,
2016:
Provided, That funds
appropriated, transferred, or otherwise credited to the Central
Intelligence
Agency Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further,
That any funds appropriated or transferred to the Central Intelligence
Agency
for advanced research and development acquisition, for agent operations,
and
for covert action programs authorized by the President under section 503
of the
National Security Act of 1947, as amended, shall remain available until
September 30, 2016.
8033. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence Agency may
be
used for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information
systems for the Services, the Unified and Specified Commands, and the
component
commands.
8034. Of the funds appropriated to the Department
of Defense under the heading Operation and Maintenance,
Defense-Wide, not less than $12,000,000
may be made available only for the mitigation of environmental impacts,
including training and technical assistance to tribes, related
administrative
support, the gathering of information, documenting of environmental
damage, and
developing a system for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from Department of
Defense
activities.
8035.
(a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless the
entity, in
expending the funds, complies with the Buy American Act. For purposes of
this
subsection, the term Buy American Act means chapter 83 of title
41, United States Code.
(b) If the Secretary of Defense determines that
a person has been convicted of intentionally affixing a label bearing a
Made in America inscription to any product sold in or shipped to
the United States that is not made in America, the Secretary shall
determine,
in accordance with section 2410f of title 10, United States Code, whether
the
person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products
purchased with appropriations provided under this Act, it is the sense of
the
Congress that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided
that American-made equipment and products are cost-competitive, quality
competitive, and available in a timely fashion.
8036. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or consulting
services
entered into without competition on the basis of an unsolicited proposal
unless
the head of the activity responsible for the procurement determines—
(1) as a result of thorough technical
evaluation, only one source is found fully qualified to perform the
proposed
work;
(2) the purpose of the contract is to explore
an unsolicited proposal which offers significant scientific or
technological
promise, represents the product of original thinking, and was submitted in
confidence by one source; or
(3) the purpose of the contract is to take
advantage of unique and significant industrial accomplishment by a
specific
concern, or to insure that a new product or idea of a specific concern is
given
financial support:
Provided, That this limitation
shall not apply to contracts in an amount of less than
$25,000, contracts related to improvements of
equipment that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been confirmed by
the
Senate, determines that the award of such contract is in the interest of
the
national defense.
8037.
(a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used—
(1) to establish a field operating agency;
or
(2) to pay the basic pay of a member of the
Armed Forces or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's place
of
duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a
military department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies to the
Committees on Appropriations of the House of Representatives and the
Senate
that
the granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the
National Intelligence Program;
(2) an Army field operating agency established
to eliminate, mitigate, or counter the effects of improvised explosive
devices,
and, as determined by the Secretary of the Army, other similar threats;
(3) an Army field operating agency established
to improve the effectiveness and efficiencies of biometric activities and
to
integrate common biometric technologies throughout the Department of
Defense; or
(4) an Air Force operating agency established to administer the Air Force Mortuary Affairs Program and
Mortuary Operations for the Department of Defense and authorized Federal
entities.
8038.
(a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an activity or
function
of the Department of Defense that, on or after the date of the enactment
of
this Act, is performed by Department of Defense civilian employees
unless—
(1) the conversion is based on the result of a
public-private competition that includes a most efficient and cost
effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official
determines that, over all performance periods stated in the solicitation
of
offers for performance of the activity or function, the cost of
performance of
the activity or function by a contractor would be less costly to the
Department
of Defense by an amount that equals or exceeds the lesser of—
(A) 10 percent of the most efficient
organization's personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000;
and
(3) the contractor does not receive an
advantage for a proposal that would reduce costs for the Department of
Defense
by—
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be employed in the
performance of that activity or function under the contract; or
(B) offering to such workers an
employer-sponsored health benefits plan that requires the employer to
contribute less towards the premium or subscription share than the amount
that
is paid by the Department of Defense for health benefits for civilian
employees
under chapter 89 of title 5, United States Code.
(b)
(1) The Department of Defense, without regard
to subsection (a) of this section or subsection (a), (b), or (c) of
section
2461 of title 10, United States Code, and notwithstanding any
administrative
regulation, requirement, or policy to the contrary shall have full
authority to
enter into a contract for the performance of any commercial or industrial
type
function of the Department of Defense that—
(A) is included on the procurement list
established pursuant to section 2 of the Javits-Wagner-O’Day Act (section
8503
of title 41, United States Code);
(B) is planned to be converted to performance
by a qualified nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in accordance with that
Act;
or
(C) is planned to be converted to performance
by a qualified firm under at least 51 percent ownership by an Indian
tribe, as
defined in section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as
defined in section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot
contracts or contracts for depot maintenance as provided in sections 2469
and
2474 of title 10, United States Code.
(c) The conversion of any activity or function
of the Department of Defense under the authority provided by this section
shall
be credited toward any competitive or outsourcing goal, target, or
measurement
that may be established by statute, regulation, or policy and is deemed to
be
awarded under the authority of, and in compliance with, subsection (h) of
section 2304 of title 10, United States Code, for the competition or
outsourcing of commercial activities.
(RESCISSIONS)
8039. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are
hereby rescinded from the following accounts and programs in the specified
amounts:
Provided, That no amounts may be rescinded from amounts that were designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism or as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Aircraft Procurement, Army, 2013/2015, $18,242,000;
Other Procurement, Army, 2013/2015, $141,726,000;
Aircraft Procurement, Navy, 2013/2015, $47,200,000;
Procurement, Marine Corps, 2013/2015, $119,400,000;
Aircraft Procurement, Air Force, 2013/2015, $88,300,000;
Procurement, Defense-Wide, 2013/2015, $11,500,000;
Aircraft Procurement, Army, 2014/2016, $73,500,000;
Other Procurement, Army, 2014/2016, $142,598,000;
Aircraft Procurement, Navy, 2014/2016, $489,267,000;
Shipbuilding and Conversion, Navy, 2014/2018: Virginia Class Submarine, $20,000,000;
Aircraft Procurement, Air Force, 2014/2016, $232,000,000;
Missile Procurement, Air Force, 2014/2016, $154,709,000;
Procurement, Defense-Wide, 2014/2016, $12,100,000;
Research, Development, Test and Evaluation, Air Force, 2014/2015, $39,336,000; and
Research, Development, Test and Evaluation, Navy, 2014/2015, $120,470,000.
8040. None of the funds available in this Act may
be used to reduce the authorized positions for military technicians (dual
status) of the Army National Guard, Air National Guard, Army Reserve and
Air
Force Reserve for the purpose of applying any administratively imposed
civilian
personnel ceiling, freeze, or reduction on military technicians (dual
status),
unless such reductions are a direct result of a reduction in military
force
structure.
8041. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for assistance to
the
Democratic People's Republic of Korea unless specifically appropriated for
that
purpose.
8042. Funds appropriated in this Act for
operation and maintenance of the Military Departments, Combatant Commands
and
Defense Agencies shall be available for reimbursement of pay, allowances
and
other expenses which would otherwise be incurred against appropriations
for the
National Guard and Reserve when members of the National Guard and Reserve
provide intelligence or counterintelligence support to Combatant Commands,
Defense Agencies and Joint Intelligence Activities, including the
activities
and programs included within the National Intelligence Program and the
Military
Intelligence Program:
Provided, That nothing in this
section authorizes deviation from established Reserve and National Guard
personnel and training procedures.
8043. Of the amounts appropriated for Working Capital Fund, Army, $225,000,000 shall be for the Industrial Mobilization Capacity account.
8044.
(a) None of the funds available to the
Department of Defense for any fiscal year for drug interdiction or
counter-drug
activities may be transferred to any other department or agency of the
United
States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central
Intelligence Agency for any fiscal year for drug interdiction or
counter-drug
activities may be transferred to any other department or agency of the
United
States except as specifically provided in an appropriations law.
8045. In addition to the amounts appropriated or otherwise made available elsewhere in this Act,
$20,000,000 is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of Defense that it shall serve the national
interest, the Secretary shall make a grant in the amount specified as
follows: $20,000,000 to the United Service Organizations.
8046. None of the funds in this Act may be used
to purchase any supercomputer which is not manufactured in the United
States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability
for national security purposes that is not available from United States
manufacturers.
8047. Notwithstanding any other provision in this Act, the Small Business Innovation Research program and
the Small Business Technology Transfer program set-asides shall be taken
proportionally from all programs, projects, or activities to the extent
they contribute to the extramural budget.
8048.
(a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for the current
fiscal
year and hereafter may be obligated or expended to transfer to another
nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in subsection
(b)
unless the congressional defense committees, the Committee on Foreign
Affairs
of the House of Representatives, and the Committee on Foreign Relations of
the
Senate are notified 15 days in advance of such transfer.
(b) This section applies to—
(1) any international peacekeeping or
peace-enforcement operation under the authority of chapter VI or chapter
VII of
the United Nations Charter under the authority of a United Nations
Security
Council resolution; and
(2) any other international peacekeeping,
peace-enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies,
or services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of
equipment or supplies—
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be transferred have
been
met; and
(B) a statement of whether the items proposed
to be transferred will have to be replaced and, if so, how the President
proposes to provide funds for such replacement.
8049. None of the funds available to the
Department of Defense under this Act shall be obligated or expended to pay
a
contractor under a contract with the Department of Defense for costs of
any
amount paid by the contractor to an employee when—
(1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs
associated with a business combination.
(INCLUDING TRANSFER OF
FUNDS)
8050. During the current fiscal year, no more
than $30,000,000 of appropriations made in this
Act under the heading Operation and Maintenance, Defense-Wide
may be transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same time period
as
the appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations
and activities outside the Department of Defense pursuant to section 2012
of
title 10, United States Code.
8051. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if—
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
8052.
(a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of equipment of
the
National Guard Distance Learning Project by any person or entity on a
space-available, reimbursable basis. The Chief of the National Guard
Bureau
shall establish the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a)
shall be credited to funds available for the National Guard Distance
Learning
Project and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall be
available
for such purposes without fiscal year limitation.
(INCLUDING TRANSFER OF
FUNDS)
8053. 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, and $5,709,000 shall be
for
support of high priority Sexual Assault Prevention and Response Program
requirements and activities, including the training and funding of
personnel:
Provided, That the funds are made available for transfer to the Department of the Army, the Department of
the Navy, and the Department of the Air Force: Provided further, That funds transferred shall be merged with and available for the same purposes and for the same
time period as the appropriations to which the funds are transferred: Provided further, That this transfer authority is in addition to any other transfer authority provided in this Act.
8054. 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.
8055.
(a) 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) Subsection (a) applies with respect
to—
(1) contracts and subcontracts entered into on
or after the date of the enactment of this Act; and
(2) 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) 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 11 (chapters
50–65) of the Harmonized Tariff Schedule 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.
8056.
(a)
In General
(1) None of the funds made available by this Act may be used for any training, equipment, or other
assistance for the members of a unit of a foreign security force if the
Secretary of Defense has credible information that the unit has committed
a gross violation of human rights.
(2) The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a
decision to provide any training, equipment, or other assistance to a unit
of a foreign security force full consideration is given to any credible
information available to the Department of State relating to human rights
violations by such unit.
(b)
Exception
The prohibition in subsection (a)(1) shall not apply if the Secretary of Defense, after
consultation with the Secretary of State, determines that the government
of such country has taken all necessary corrective steps.
(c)
Waiver
The Secretary of Defense, after consultation with the Secretary of State, may waive the provisions
of subsections (a)(1) and (a)(2) if the Secretary of Defense determines
that such waiver is required by extraordinary circumstances, or if the
training, equipment, or other assistance is necessary to assist in
disaster relief operations or other humanitarian or national security
emergencies.
(d)
Procedures
The Secretary of Defense shall establish, and periodically update, procedures to ensure that any
information in the possession of the Department of Defense about gross
violations of human rights by units of foreign security forces is shared
on a timely basis with the Department of State.
(e)
Report
Not more than 15 days after the application of any exception under subsection (b) or the exercise
of any waiver under subsection (c), the Secretary of Defense shall submit
to the appropriate congressional committees a report—
(1) in the case of an exception under subsection (b), providing notice of the use of the exception and
stating the grounds for the exception; and
(2) in the case of a waiver under subsection (c), describing the information relating to the gross
violation of human rights; the extraordinary or other circumstances that
necessitate the waiver; the purpose and duration of the training,
equipment, or other assistance; and the United States forces and the
foreign security force unit involved.
(f)
Definition
For purposes of this section the term appropriate congressional committees means the congressional defense Committees and the Committees on Appropriations.
8057. 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.
8058. 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 Secretary of
Defense 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.
8059. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment of this Act,
to
the House and Senate Appropriations Committees, Subcommittees on Defense
on
certain matters as directed in the classified annex accompanying this
Act.
8060. During the current fiscal year and hereafter, none of the
funds available to the Department of Defense may be used to provide
support to
another department or agency of the United States if such department or
agency
is more than 90 days in arrears in making payment to the Department of
Defense
for goods or services previously provided to such department or agency on
a
reimbursable basis:
Provided, That this restriction
shall not apply if the department is authorized by law to provide support
to
such department or agency on a nonreimbursable basis, and is providing the
requested support pursuant to such authority:
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.
8061. Notwithstanding section 12310(b) of title
10, United States Code, a member of the National Guard
serving
on full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements of
the
National Ballistic Missile Defense System.
8062. None of the funds provided in this Act may
be used to transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United States
military nomenclature designation of armor penetrator,
armor piercing (AP), armor piercing incendiary
(API), or armor-piercing incendiary tracer (API–T),
except to an entity performing demilitarization services for the
Department of
Defense under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing projectiles
are
either: (1) rendered incapable of reuse by the demilitarization process;
or (2)
used to manufacture ammunition pursuant to a contract with the Department
of
Defense or the manufacture of ammunition for export pursuant to a License
for
Permanent Export of Unclassified Military Articles issued by the
Department of
State.
8063. In specifying the amounts requested for the Department of the Army for Arlington National Cemetery,
Virginia, the budget of the President submitted to Congress shall request
such amounts in the Cemeterial Expenses, Army appropriation, and shall not
request such amounts in the Operation and Maintenance, Army appropriation.
8064. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages sold
by
the drink) on a military installation located in the United States unless
such
malt beverages and wine are procured within that State, or in the case of
the
District of Columbia, within the District of Columbia, in which the
military
installation is located:
Provided, That in a case in which
the military installation is located in more than one State, purchases may
be
made in any State in which the installation is located:
Provided further,
That such local procurement requirements for malt beverages and wine shall
apply to all alcoholic beverages only for military installations in States
which are not contiguous with another State:
Provided further,
That alcoholic beverages other than wine and malt beverages, in contiguous
States and the District of Columbia shall be procured from the most
competitive
source, price and other factors considered.
(INCLUDING TRANSFER OF
FUNDS)
8065. Of the amounts appropriated in this Act
under the heading Operation and Maintenance, Army,
$106,189,900 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.
8066.
(a) None of the funds appropriated in this or any other Act may be used to take any action to modify—
(1) the appropriations account structure for the National Intelligence Program budget, including
through the creation of a new appropriation account;
(2) 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 2016 budget request;
(3) the process by which the National Intelligence Program appropriations are apportioned to the
executing agencies; or
(4) the process by which the National Intelligence Program appropriations are allotted, obligated and
disbursed.
(b) 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 section (a).
(c) 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) Upon development of alternative financial management processes that meet the priorities established
in this section, the Office of the Director of National Intelligence
shall, prior to taking any other action—
(1) provide the proposed alternatives to all affected agencies;
(2) 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) 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.
(including transfer of
funds)
8067. During the current fiscal year, not to
exceed $200,000,000 from funds available under
Operation and Maintenance, Defense-Wide may be transferred to
the Department of State Global Security Contingency Fund:
Provided, That this transfer
authority is in addition to any other transfer authority available to the
Department of Defense:
Provided further,
That the Secretary of Defense shall, not fewer than 30 days prior to
making
transfers to the Department of State Global Security Contingency
Fund, notify the congressional defense committees in writing with the
source of funds and a detailed justification, execution plan, and timeline
for
each proposed project.
8068. The Secretary of Defense shall issue regulations to prohibit the sale of any tobacco or
tobacco-related products in military resale outlets in the United States,
its territories and possessions at a price below the most competitive
price in the local community:
Provided,
That such regulations shall direct that the prices of tobacco or
tobacco-related products in overseas military retail outlets shall be
within the range of prices established for military retail system stores
located in the United States.
(including transfer of
funds)
8069. Of the amounts appropriated in this Act
under the headings Procurement, Defense-Wide and
Research, Development, Test and Evaluation, Defense-Wide,
$621,575,000 shall be for the Israeli
Cooperative Programs:
Provided, That of this amount,
$350,972,000 shall be for the Secretary of
Defense to provide to the Government of Israel for the procurement of the
Iron
Dome defense system to counter short-range rocket threats, subject to the
U.S.-Israel Iron Dome Procurement Agreement, as amended,
$137,934,000 shall be for the Short Range
Ballistic Missile Defense (SRBMD) program, including cruise missile
defense
research and development under the SRBMD program, of which
$15,000,000 shall be for production activities
of SRBMD missiles in the United States and in Israel to meet Israel's
defense
requirements consistent with each nation's laws, regulations, and
procedures,
$76,468,000 shall be available for an upper-tier
component to the Israeli Missile Defense Architecture, and
$56,201,000 shall be for the Arrow System
Improvement Program including development of a long range, ground and
airborne,
detection suite:
Provided further,
That funds made available under this provision for production of missiles
and
missile components may be transferred to appropriations available for the
procurement of weapons and equipment, to be merged with and to be
available for
the same time period and the same purposes as the appropriation to which
transferred:
Provided further,
That the transfer authority provided under this provision is in addition
to any
other transfer authority contained in this Act.
8070. None of the funds made available by this Act may be used by the Department of Defense to grant an
enlistment waiver for an offense within offense code 433 (rape, sexual
abuse, sexual assault, criminal sexual abuse, incest, or other sex
crimes), as specified in Table 1 of the memorandum from the Under
Secretary of Defense with the subject line Directive-Type Memorandum (DTM) 08–018—Enlistment Waivers, dated June 27, 2008 (incorporating Change 3, March 20, 2013).
(INCLUDING TRANSFER OF
FUNDS)
8071. Of the amounts appropriated in this Act
under the heading “Shipbuilding and Conversion, Navy”,
$1,007,285,000 shall be available until September
30, 2015, to fund prior year shipbuilding cost increases:
Provided, That upon enactment of
this Act, the Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified:
Provided further,
That the amounts transferred shall be merged with and be available for the
same
purposes as the appropriations to which transferred to:
Under the heading Shipbuilding and Conversion, Navy, 2008/2015: Carrier Replacement Program $663,000,000;
Under the heading Shipbuilding and Conversion, Navy, 2009/2015: LPD–17 Amphibious Transport Dock Program $54,096,000;
Under the heading Shipbuilding and Conversion, Navy, 2010/2015: DDG–51 Destroyer $65,771,000;
Under the heading Shipbuilding and Conversion, Navy, 2010/2015: Littoral Combat Ship $51,345,000;
Under the heading Shipbuilding and Conversion, Navy, 2011/2015: DDG–51 Destroyer $63,373,000;
Under the heading Shipbuilding and Conversion, Navy, 2011/2015: Littoral Combat Ship $41,700,000;
Under the heading Shipbuilding and Conversion, Navy, 2011/2015: Joint High Speed Vessel $9,340,000;
Under the heading Shipbuilding and Conversion, Navy, 2012/2015: CVN Refueling Overhauls Program $54,000,000;
Under the heading Shipbuilding and Conversion, Navy, 2012/2015: Joint High Speed Vessel $2,620,000; and
Under the heading Shipbuilding and Conversion, Navy, 2013/2015: Joint High Speed Vessel $2,040,000.
8072. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intelligence
activities are
deemed to be specifically authorized by the Congress for purposes of
section
504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year
2015 until the enactment of the Intelligence Authorization Act for Fiscal
Year
2015.
8073. None of the funds provided in this Act
shall be available for obligation or expenditure through a reprogramming
of
funds that creates or initiates a new program, project, or activity unless
such
program, project, or activity must be undertaken immediately in the
interest of
national security and only after written prior notification to the
congressional defense committees.
8074. The budget of the President for fiscal year
2016 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 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 for each element of
expense
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 of each contingency:
Provided further,
That these documents shall include budget exhibits OP–5 and OP–32 (as
defined
in the Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two preceding fiscal
years.
8075. None of the funds in this Act may be used
for research, development, test, evaluation, procurement or deployment of
nuclear armed interceptors of a missile defense system.
8076. Notwithstanding any other provision of this Act, to reflect savings due to favorable foreign
exchange rates, the total amount appropriated in this Act is hereby
reduced by $300,000,000.
8077. None of the funds appropriated or made
available in this Act 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.
8078. 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.
8079. Of the amounts appropriated for Missile Procurement, Air Force, $125,000,000 shall be available for the acceleration of a competitively awarded Evolved
Expendable Launch Vehicle mission: Provided, That competitions shall be open to all certified providers of Evolved Expendable Launch
Vehicle-class systems: Provided further, That competitions shall consider bids from two or more certified providers:Provided further, That notwithstanding any other provision of law, such providers may compete any certified launch
vehicle in their inventory.
(INCLUDING TRANSFER OF
FUNDS)
8080. The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to any available
Navy
ship construction appropriation for the purpose of liquidating necessary
changes resulting from inflation, market fluctuations, or rate adjustments
for
any ship construction program appropriated in law:
Provided, That the Secretary may
transfer not to exceed $50,000,000 under the
authority provided by this section:
Provided further,
That the Secretary may not transfer any funds until 30 days after the
proposed
transfer has been reported to the Committees on Appropriations of the
House of
Representatives and the Senate, unless a response from the Committees is
received sooner:
Provided further,
That any funds transferred pursuant to this section shall retain the same
period of availability as when originally appropriated:
Provided further,
That the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
8081.
(a) 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) 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.
8082. 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.
8083. None of the funds appropriated by this Act
for programs of the Office of the Director of National Intelligence shall
remain available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available
until September 30, 2016.
8084. 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.
8085.
(a) 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 2015:
Provided, That the report shall
include—
(1) 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) a delineation in the table for each
appropriation by Expenditure Center and project; and
(3) an identification of items of special
congressional interest.
(b) 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.
8086. During the current fiscal year and hereafter, none of the funds made available by this Act for
excess defense articles, assistance under section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109–163; 119 Stat. 3456), or peacekeeping operations for the countries
designated in 2013 to be in violation of the standards of the Child
Soldiers Prevention Act of 2008 may be used to support any military
training or operation that includes child soldiers, as defined by the
Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22 U.S.C.
2370c–1), unless such assistance is otherwise permitted under section 404
of the Child Soldiers Prevention Act of 2008.
(INCLUDING TRANSFER OF
FUNDS)
8087. Of the funds appropriated in the
Intelligence Community Management Account for the Program Manager for the
Information Sharing Environment, $20,000,000 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.
8088.
(a) 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.
403–1(d)) that—
(1) creates a new start effort;
(2) terminates a program with appropriated
funding of $10,000,000 or more;
(3) transfers funding into or out of the
National Intelligence Program; or
(4) 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) 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) or the National Security Act of 1947 (50
U.S.C.
403–1(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.
8089. 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.
8090. For the purposes of this Act, the term
congressional intelligence committees means the Permanent Select
Committee on Intelligence of the House of Representatives, the Select
Committee
on Intelligence of the Senate, the Subcommittee on Defense of the
Committee on
Appropriations of the House of Representatives, and the Subcommittee on
Defense
of the Committee on Appropriations of the Senate.
8091. The Department of Defense shall continue to
report incremental contingency operations costs for Operation Enduring
Freedom on a monthly basis and any other operation designated and
identified by the Secretary of Defense for the purposes of section 127a 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.
(INCLUDING TRANSFER OF
FUNDS)
8092. During the current fiscal year, not to
exceed $11,000,000 from each of the
appropriations made in title II of 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 for Fisher
Houses
and Suites pursuant to section 2493(d) of title 10, United States Code.
(INCLUDING TRANSFER OF
FUNDS)
8093. Funds appropriated by this Act for
operation and maintenance may be available for the purpose of making
remittances and transfer to the Defense Acquisition Workforce Development
Fund in
accordance
with section 1705 of title 10, United States Code.
8094.
(a) 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) Subsection (a) shall not apply to a report
if—
(1) the public posting of the report
compromises national security; or
(2) the report contains proprietary
information.
(c) 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.
8095.
(a) 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) 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) 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) 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) 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) 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.
(including transfer of
funds)
8096. From within the funds appropriated for
operation and maintenance for the Defense Health Program in this Act, up
to
$146,857,000, 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.
8097.
(a) The Secretary of Defense shall submit
annual reports to the Department of Defense Inspector General regarding
the
costs and contracting procedures related to each conference held by the
Department of Defense during fiscal year 2015 for which the cost to the
United
States Government was more than $100,000.
(b) Each report submitted shall include, for
each conference described in subsection (a) held during the applicable
period—
(1) a description of its purpose;
(2) the number of participants
attending;
(3) a detailed statement of the costs to the
United States Government, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual
services;
(C) the cost of employee or contractor travel
to and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures
used including—
(A) whether contracts were awarded on a
competitive basis; and
(B) a discussion of any cost comparison
conducted by the departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days of the date of a conference
held by the Department of Defense funded by this Act during fiscal year
2015
for which the cost to the United States Government was more than
$20,000, the Secretary of Defense shall notify
the Department of Defense Inspector General of the date, location, and
number
of employees attending such conference.
(d) A grant or contract funded by amounts
appropriated by this or any other appropriations Act to the Department of
Defense may not be used for the purpose of defraying the costs of a
conference
described in subsection (c) that is not directly and programmatically
related
to the purpose for which the grant or contract was awarded, such as a
conference held in connection with planning, training, assessment, review,
or
other routine purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this
Act may be used for travel and conference activities that are not in
compliance
with Office of Management and Budget Memorandum M–12–12 dated May 11,
2012.
8098. None of the funds appropriated or otherwise
made available by this Act and hereafter may be obligated or expended to
pay a retired
general or flag officer to serve as a senior mentor advising the
Department of
Defense unless such retired officer files a Standard Form 278 (or
successor
form concerning public financial disclosure under part 2634 of title 5,
Code of
Federal Regulations) to the Office of Government Ethics.
8099. Appropriations available to the Department
of Defense may be used for the purchase of heavy and light armored
vehicles for
the physical security of personnel or for force protection purposes up to
a
limit of $250,000 per vehicle, notwithstanding
price or other limitations applicable to the purchase of passenger
carrying
vehicles.
8100. None of the funds appropriated or otherwise made available by this Act or any other Act may be used
by the Department of Defense or a component thereof in contravention of
section 1266 of the National Defense Authorization Act for Fiscal Year
2015, as reported in the Senate, relating to limitations on providing
certain missile defense information to the Russian Federation.
8101. None of the funds made available by this Act may be used by the Secretary of Defense to take
beneficial occupancy of more than 3,000 parking spaces (other than
handicap-reserved spaces) to be provided by the BRAC 133 project: Provided, That this limitation may be waived in part if:
(a) the Secretary of Defense certifies to Congress that levels of service at existing intersections in
the vicinity of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway Capacity Manual
over a consecutive 90-day period;
(b) the Department of Defense and the Virginia Department of Transportation agree on the number of
additional parking spaces that may be made available to employees of the
facility subject to continued 90-day traffic monitoring; and
(c) the Secretary of Defense notifies the congressional defense committees in writing at least 14 days
prior to exercising this waiver of the number of additional parking spaces
to be made available.
8102. The Secretary of Defense shall require, consistent with applicable international agreements, that
the exchange store system—
(1) shall either become a signatory to, or otherwise abide by, the applicable requirements and terms
set forth in the Accord on Fire and Building Safety in Bangladesh for the
purchase of garments manufactured in Bangladesh for the private label
brands of the exchange store system; and
(2) shall provide, to the maximum extent practicable, a preference to retail suppliers that are
signatories to the Accord on Fire and Building Safety in Bangladesh for
the purchase of garments manufactured in Bangladesh from retail suppliers.
8103. The Secretary of Defense shall require that agreements for the licensing of logos, marks and other
insignia which are trademarked by the Department of Defense or a branch of
the military contain a requirement that licensees, who source from or
manufacture garments and apparel in Bangladesh, shall become a signatory
to, or otherwise abide by, the applicable requirements and terms set forth
in the Accord on Fire and Building Safety in Bangladesh:
Provided, That the requirement imposed by this section shall take effect no later than 90 days after
enactment of this Act.
(including transfer of funds)
8104. 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 $2,000,000,000 of the
funds made available 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 Congress:
Provided further,
That a request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30, 2015.
(including transfer of funds)
8105. The Secretary of the Navy shall transfer funds from the Ship Modernization, Operations and
Sustainment Fund to appropriations for military personnel; operation and
maintenance; research, development, test and evaluation; and procurement,
only for the purposes of manning, operating, 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 to any
other transfer authority available to the Department of Defense:
Provided further,
That the Secretary of the 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 the details of such transfer:
Provided further,
That the Secretary of the Navy shall transfer and obligate funds from the
“Ship Modernization, Operations and Sustainment Fund” for modernization of
two Ticonderoga-class guided missile cruisers as detailed above in fiscal
year 2015:
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 prohibition in section 2244a(a) of title 10, United States Code,
shall not apply to the use of any funds transferred pursuant to this
section.
8106. None of the funds appropriated in this Act may be obligated or expended by the Secretary of a
military department in contravention of the provisions of section 352 of
the National Defense Authorization Act for Fiscal Year 2014 to adopt any
new camouflage pattern design or uniform fabric for any combat or
camouflage utility uniform or family of uniforms for use by an Armed
Force.
8107.
(a) None of the funds appropriated or otherwise made available in this 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—
(1) is not a United States citizen or a member of the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantánamo Bay, Cuba,
by the Department of Defense.
(b) This section shall continue in effect through the date of enactment of an Act authorizing
appropriations for fiscal year 2015 for military activities of the
Department of Defense.
8108. 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 Guantánamo 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 1035 of the National Defense Authorization Act for Fiscal Year
2014.
8109. None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that any unpaid Federal tax liability that
has
been assessed, for which all judicial and administrative remedies have
been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the
tax
liability, where the awarding agency is aware of the unpaid tax liability,
unless a Federal agency has considered suspension or debarment of the
corporation and
made a determination that this further action is not necessary to protect
the
interests of the Government.
8110. None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a felony criminal
violation
under any Federal law within the preceding 24 months, where the awarding
agency
is aware of the conviction, unless a Federal agency has considered
suspension or
debarment of the corporation and made a determination that this further
action
is not necessary to protect the interests of the Government.
8111. None of the funds made available by this
Act to carry out voluntary military education programs may be disbursed or
delivered to an institution of higher education (or other postsecondary
educational institution) on behalf of a student, or to a student to be
used to
attend the institution, unless the institution certifies to the Secretary
of
Defense that it will not use revenues derived from educational assistance
funds
provided in any form under any Federal law for advertising, marketing or
student recruitment activities (other than activities required or
specifically
authorized by title IV of the Higher Education Act of 1965 or otherwise
specified by the Secretary
of
Defense).
8112.
(a)
Prohibition regarding voluntary military
education program assistance
None of the funds made available by this
Act to carry out voluntary military education programs may be disbursed or
delivered on behalf of a student to a proprietary institution of higher
education (as defined in section 102(b) of the Higher Education Act of
1965 (20
U.S.C. 1002(b))), or to a student to be used to attend such institution,
until
the institution demonstrates to the Secretary of Defense that the
institution
derives not less than 10 percent of such institution’s revenues from
sources
other than funds provided under title IV of such Act (20 U.S.C. 1070 et
seq.)
and funds provided under such voluntary military education programs, as
calculated in a manner to be determined by such Secretary and consistent
with
section 487(d)(1) of such Act.
(b)
Voluntary military education programs
defined
In this section, the
term voluntary military education programs means—
(1) the programs to assist military spouses in
achieving education and training for extended employment and portable
career
opportunities under section 1784a of title 10, United States Code
(commonly
referred to as MyCAA); and
(2) the authority to pay tuition for off-duty
training or education of members of the Armed Forces under section 2005 or
2007
of title 10, United States Code.
8113.
(a) 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) 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) 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) 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) Agents of the Russian Federation have ceased taking active measures to destabilize the control of
the Government of Ukraine over eastern Ukraine.
8114. None of the funds appropriated in this or any other Act may be obligated or expended by the United
States Government for the direct personal benefit of the President of
Afghanistan.
8115.
(a) Of the funds appropriated in this Act for
the Department of Defense, amounts may be made available, under such
regulations as the Secretary may prescribe, to local military commanders
appointed by the Secretary of Defense, 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) An ex gratia payment under this section may
be provided only if—
(1) the prospective foreign civilian recipient
is determined by the local military commander to be friendly to the United
States;
(2) 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) the property damage, personal injury, or
death was not caused by action by an enemy.
(c)
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)
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)
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)
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)
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.
(h)
Limitation
Nothing in this section shall be deemed to
provide any new authority to the Secretary of Defense.
8116. 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.
8117. The Secretary of Defense shall post grant awards on a public Web site in a searchable format.
8118.
(a) 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) The prohibition in subsection (a) shall not apply to any modification of facilities at United
States Naval Station, Guantánamo Bay, Cuba.
(c) An individual described in this subsection is any individual who, as of June 24, 2009, is located
at United States Naval Station, Guantánamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of the Department of Defense; or
(B) otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba.
(d) This provision shall continue in effect until enactment of the National Defense Authorization Act
for Fiscal Year 2015.
8119.
(a) Within 90 days of enactment of this Act, the Secretary of Defense shall submit a report to the
congressional defense committees to assess whether the justification and
approval requirements under section 811 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2405)
have, inconsistent with the intent of Congress—
(1) negatively impacted the ability of covered entities to be awarded sole-source contracts with the
Department of Defense greater than $20,000,000;
(2) discouraged agencies from awarding contracts greater than $20,000,000 to covered entities; and
(3) been misconstrued and/or inconsistently implemented.
(b) The Comptroller General shall analyze and report to the congressional defense committees on the
sufficiency of the Department’s report in addressing the requirements;
review the extent to which section 811 has negatively impacted the ability
of covered entities to be awarded sole-source contracts with the
Department, discouraged agencies from awarding contracts, or been
misconstrued and/or inconsistently implemented.
8120. The Secretary of the Air Force shall designate a facility located on Scott Air Force Base,
Illinois, to be named after Senator Alan J. Dixon in recognition of his
significant public service achievements.
8121. Notwithstanding section 1552 of title 31, United States Code, funds made available under the
heading OPERATION AND MAINTENANCE under the heading DEPARTMENT OF DEFENSE under title III of division A of Public Law 111–5 (123 Stat. 132) and any funds made available for
Fossil Energy Research and Development by the Department of Energy under
title IV of the same division of Public Law 111–5 (123 Stat. 139) shall
remain available for expenditure, until such funds have been expended, for
the purpose of liquidating the obligations.
8122.
(a)
In general
Except as provided in subsections (b) and (c), none of the funds appropriated or otherwise made
available by this Act may be used for any Department of Defense contract
with a foreign incorporated entity which is treated as an inverted
domestic corporation under subsection (d) of this section, or any
subsidiary of such an entity.
(b)
Waivers
(1)
In general
The Secretary of Defense shall waive subsection (a) with respect to any contract under the
authority of the Department of Defense if the Secretary determines that
the waiver is required in the interest of national security.
(2)
Report to congress
The Secretary of Defense shall notify the congressional defense committees not later than 14 days
after exercising a waiver under paragraph (1).
(c)
Exception
This section shall not apply to any Department of Defense contract entered into before the date of
the enactment of this Act, or to any task order issued pursuant to such
contract.
(d)
Inverted domestic corporation
For purposes of this section—
(1)
In general
A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to
a plan (or a series of related transactions)—
(A) the entity has, directly or indirectly, acquired—
(i) substantially all of the properties held directly or indirectly by a domestic corporation; or
(ii) substantially all of the assets of, or substantially all of the properties constituting a trade or
business of, a domestic partnership; and
(B) either—
(i) after the acquisition at least 50 percent of the stock (by vote or value) of the entity is held—
(I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the
domestic corporation by reason of holding stock in the domestic
corporation; or
(II) in the case of an acquisition with respect to a domestic partnership, by former partners of the
domestic partnership by reason of holding a capital or profits interest in
the domestic partnership; or
(ii)
(I) the expanded affiliated group which after the acquisition includes the entity has substantial
business activities in the United States; and
(II) the management and control of the entity (or of any other member of the expanded affiliated group
which after the acquisition includes the entity and to which this
subclause applies under regulations prescribed by the Secretary of the
Treasury or the Secretary's delegate) occurs, directly or indirectly,
primarily within the United States.
(2)
Substantial business activities exception
A foreign incorporated entity described in paragraph (1) shall not be treated as an inverted
domestic corporation if the expanded affiliated group which after the
acquisition includes the entity has substantial business activities in the
foreign country in which or under the law of which the entity is created
or organized when compared to the total business activities of such
expanded affiliated group.
(3)
Management and control
(A)
In general
For purposes of subclause (II) of paragraph (1)(B)(ii), the Secretary of the Treasury (or the
Secretary's delegate) shall prescribe regulations for purposes of
determining cases in which the management and control of an entity is to
be treated as occurring primarily within the United States.
(B)
Executive officers and senior management
Such regulations shall provide that—
(i) the management and control of an entity shall be treated as occurring primarily within the United
States if substantially all of the executive officers and senior
management of the entity who exercise day-to-day responsibility for making
decisions involving strategic, financial, and operational policies of the
entity are located primarily within the United States; and
(ii) individuals who are not executive officers and senior management of the entity (including
individuals who are officers or employees of other members of the expanded
affiliated group which includes the entity) shall be treated as executive
officers and senior management if such individuals exercise the day-to-day
responsibilities of the entity described in clause (i).
(e)
Other definitions
For purposes of this section—
(1) any term used in this section which is also used in section 835 of the Homeland Security Act of
2002 (6 U.S.C. 395) shall have the meaning given such term under such
section; and
(2) rules similar to the rules of subsection (c)(1) of section 835 of such Act (6 U.S.C. 395(c)(1))
shall apply.
8123. None of the funds in this Act may be used to require that seafood procured for the Department of
Defense from sustainably managed fisheries in the United States, as
determined by the National Marine Fisheries Service, be required to
additionally meet sustainability certification criteria prescribed by
third-party nongovernmental organizations.
8124. None of the funds made available under this Act shall be used to suspend, terminate, or otherwise
alter the Federal Excess Personal Property program or the Firefighter
Property program.
8125.
(a) None of the funds appropriated or otherwise made available by this Act may be used to disestablish,
or prepare to disestablish, a Senior Reserve Officers’ Training Corps
program in accordance with Department of Defense Instruction Number
1215.08, dated June 26, 2006.
(b) The Secretary of Defense may not, during fiscal year 2015—
(1) downgrade any Senior Reserve Officers’ Training Corps program from a host to extension center; or
(2) place on probation any Senior Reserve Officers’ Training Corps program.
8126. Of the amounts appropriated by title VI under the heading Defense Health Program, $7,500,000 shall be available for peer-reviewed
medical research on amyotrophic lateral sclerosis (ALS).
8127. No plan may be implemented by the Secretary of Defense, the Secretary of a military department, the
Director of the Defense Finance and Accounting Service, or any other
person to transfer financial management, bill paying, or accounting
services functions from the Defense Finance and Accounting Service to
another entity until the Secretary of Defense provides the congressional
defense committees a written report on the plan and the Secretary
certifies to such committees that the plan would reduce costs, increase
efficiencies, and maintain the timeline for auditability of financial
statements.
IX
Overseas contingency operations
Military
Personnel
Military Personnel, Army
For an additional amount for Military
Personnel, Army, $3,711,003,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for Military
Personnel, Navy, $331,347,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Marine
Corps
For an additional amount
for Military Personnel, Marine Corps,
$420,627,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for Military
Personnel, Air Force, $708,347,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for Reserve
Personnel, Army, $24,990,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for Reserve
Personnel, Navy, $13,953,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine
Corps
For an additional amount
for Reserve Personnel, Marine Corps,
$5,069,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for Reserve
Personnel, Air Force, $19,175,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Guard Personnel,
Army
For an additional amount
for National Guard Personnel, Army,
$185,578,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Guard Personnel, Air
Force
For an additional amount
for National Guard Personnel, Air Force,
$4,894,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and
Maintenance
Operation and Maintenance,
Army
For an additional amount
for Operation and Maintenance, Army,
$16,355,722,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance,
Navy
For an additional amount
for Operation and Maintenance, Navy,
$5,263,921,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine
Corps
For an additional amount
for Operation and Maintenance, Marine Corps,
$1,474,804,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air
Force
For an additional amount
for Operation and Maintenance, Air Force,
$8,177,556,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance,
Defense-Wide
For an additional amount for “Operation and Maintenance, Defense-Wide”, $6,722,463,000:
Provided, That of the funds provided under this heading, not to exceed $1,260,000,000, to remain available
until September 30, 2016, shall be for payments to reimburse key
cooperating nations for logistical, military, and other support, including
access, provided to United States military and stability operations in
Afghanistan:
Provided further,
That such reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of State, and
in consultation with the Director of the Office of Management and Budget,
may determine, based on documentation determined by the Secretary of
Defense to adequately account for the support provided, and such
determination is final and conclusive upon the accounting officers of the
United States, and 15 days following notification to the appropriate
congressional committees:
Provided further,
That these funds may be used for the purpose of providing specialized
training and procuring supplies and specialized equipment and providing
such supplies and loaning such equipment on a non-reimbursable basis to
coalition forces supporting United States military and stability
operations in Afghanistan, and 15 days following notification to the
appropriate congressional committees:
Provided further,
That these funds may be used to reimburse the government of
Jordan, in such amounts as the Secretary of Defense may determine, to
maintain the ability of the Jordanian armed forces to maintain security
along the border between Jordan and Syria, upon 15 days prior written
notification to the congressional defense committees outlining the amounts
reimbursed and the nature of the expenses to be reimbursed:
Provided further,
That the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided in this
paragraph:
Provided further,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army
Reserve
For an additional
amount for Operation and Maintenance, Army Reserve,
$36,572,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
Reserve
For an additional
amount for Operation and Maintenance, Navy Reserve,
$45,876,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
Reserve
For an additional
amount for Operation and Maintenance, Marine Corps Reserve,
$10,540,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
Reserve
For an additional
amount for Operation and Maintenance, Air Force Reserve,
$77,794,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National
Guard
For an additional amount
for Operation and Maintenance, Army National Guard,
$76,461,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National
Guard
For an additional amount
for Operation and Maintenance, Air National Guard,
$20,300,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Afghanistan Security Forces
Fund
For the Afghanistan Security Forces
Fund, $4,109,333,000, to remain
available until September 30, 2016:
Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any other provision of
law, for the purpose of allowing the Commander, Combined Security Transition
Command—Afghanistan, or the Secretary's designee, to provide assistance, with
the concurrence of the Secretary of State, to the security forces of
Afghanistan, including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, construction, and
funding:
Provided further, That
the authority to provide assistance under this heading is in addition to any
other authority to provide assistance to foreign nations:
Provided further, That
contributions of funds for the purposes provided herein from any person,
foreign government, or international organization may be credited to this Fund,
to remain available until expended, and used for such purposes:
Provided further, That
the Secretary of Defense shall notify the congressional defense committees in
writing upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and the specific use
of such contributions:
Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to obligating from
this appropriation account, notify the congressional defense committees in
writing of the details of any such obligation:
Provided further, That
the Secretary of Defense shall notify the congressional defense committees of
any proposed new projects or transfer of funds between budget sub-activity
groups in excess of $20,000,000:
Provided further, That
the United States may accept equipment procured using funds provided under this
heading in this or prior Acts that was transferred to the security forces of
Afghanistan and returned by such forces to the United States:
Provided further, That
equipment procured using funds provided under this heading in this or prior Acts,
and not yet transferred to the security forces of Afghanistan or
transferred to the security forces of Afghanistan and returned by such
forces to the United States, may be treated
as stocks of the Department of Defense upon written notification to the
congressional defense committees:
Provided further, That
of the funds provided under this heading, not less than
$25,000,000 shall be for recruitment and
retention of women in the Afghanistan National Security Forces, and the
recruitment and training of female security personnel for the 2015
parliamentary elections:
Provided further, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of
1985.
Counterterrorism Partnerships Fund
(including transfer of funds)
For the Counterterrorism Partnerships Fund, $1,900,000,000, to remain available until
September 30, 2016: Provided, That such funds shall be available, under the authority provided by any other provision of law,
to enhance counterterrorism and crisis response activities undertaken by
the Armed Forces, and to provide support and assistance to foreign
security forces or other groups or individuals, as authorized by a
separate provision of law, to conduct, support, or facilitate
counterterrorism and crisis response activities: Provided further, That the Secretary of Defense shall, with the approval of the Office of Management and Budget,
transfer the funds provided herein to military personnel, operation and
maintenance, or procurement accounts, or, with the approval of the Office
of Management and Budget and the concurrence of the Secretary of State,
may also transfer such funds to Overseas Contingency Operations, Bilateral Economic Assistance, Funds Appropriated to the
President, Complex Crises Fund: Provided further, That the transfer authority in the preceding proviso is in addition to any
other transfer authority available to the Department of Defense: Provided further, That funds so transferred shall be merged with and be available for the same purposes, to the
extent consistent with the purposes identified in the first proviso, and
subject to the same authorities and for the same time period as the
appropriation or fund to which transferred: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to transferring amounts from
this appropriation account, notify the congressional defense committees
and the Committees on Appropriations in writing of the details of any such
transfer, except that under extraordinary circumstances, the Secretary of
Defense may transfer such funds if such committees are notified within 48
hours of the transfer: Provided further, That the Secretary of Defense may obligate and expend funds transferred under this heading in
excess of the authorized limits in section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109–163), as amended,
for a total of $700,000,000 in any fiscal year, and in excess of the
authorized limits in section 1208 of the National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108–375), as amended, for a total of
$80,000,000 in any fiscal year: Provided further, That recipients of any training, equipment, or other assistance provided with funds transferred
under this heading
shall be subject to section 8056 of this Act: Provided further, That the amount provided under this heading is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
European Reassurance Initiative
(including transfer of funds)
For the “European Reassurance Initiative”, $1,000,000,000, to remain available until September 30,
2016:
Provided, That such funds shall be available, under the authority provided by any other provision of law,
to provide support and assistance to allies and partner nations in Europe:
Provided further,
That such support and assistance may include training, equipment, and
logistic supplies, support, and services; the payment of incremental
expenses of the Armed Forces associated with prepositioning additional
equipment and undertaking additional or extended deployments in Europe and
adjacent waters:
Provided further, That of the funds provided herein, not less than $75,000,000 shall be made available for
activities in support of Ukraine, and not less than $30,000,000 shall be
made available for activities in support of Estonia, Lithuania, and
Latvia:
Provided further, That the Secretary of Defense shall transfer the funds provided herein to military personnel or
operation and maintenance appropriations:
Provided further, 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 transferred:
Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to transferring amounts from
this appropriation, notify the congressional defense committees in writing
of the details of any such transfer:
Provided further, That upon a determination by the Secretary of Defense that all or part of the funds transferred
from this appropriation are not necessary for the purposes herein, such
amounts may be transferred back to the appropriation and shall be
available for the same purposes and for the same time period as originally
appropriated:
Provided further, That such amount is designated by Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement
Aircraft Procurement, Army
For an additional amount for Aircraft
Procurement, Army, $196,200,000, to
remain available until September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for Missile
Procurement, Army, $29,100,000, to
remain available until September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for “Procurement of Weapons and Tracked Combat Vehicles, Army”,
$10,000,000,
to remain available until September 30, 2017:
Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition,
Army
For an additional amount
for Procurement of Ammunition, Army,
$140,905,000, to remain available until
September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for Other
Procurement, Army, $614,424,000, to
remain available until September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for Aircraft
Procurement, Navy, $158,503,000, to
remain available until September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for Weapons
Procurement, Navy, $12,456,000, to
remain available until September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine
Corps
For an additional amount
for Procurement of Ammunition, Navy and Marine Corps,
$152,009,000, to remain available until
September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Other Procurement, Navy
For an additional amount for Other
Procurement, Navy, $219,370,000, to
remain available until September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for
Procurement, Marine Corps,
$67,589,000, to remain available until
September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air
Force
For an additional amount
for Aircraft Procurement, Air Force,
$296,200,000, to remain available until
September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Missile Procurement, Air
Force
For an additional amount for Missile
Procurement, Air Force, $114,939,000, to
remain available until September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air
Force
For an additional amount
for Procurement of Ammunition, Air Force,
$170,732,000, to remain available until
September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for Other
Procurement, Air Force, $3,361,272,000,
to remain available until September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for
Procurement, Defense-Wide,
$211,541,000, to remain available until
September 30, 2017:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
national guard and reserve equipment account
For procurement of aircraft, missiles, tracked combat vehicles, ammunition, other weapons and other
procurement for the reserve components of the Armed Forces,
$1,000,000,000, to remain available for obligation until September 30,
2017: Provided, That the Chiefs of National Guard and Reserve components shall, not later than 30 days after
enactment of this Act, individually submit to the congressional defense
committee the modernization priority assessment for their respective
National Guard or Reserve component: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and
Evaluation
Research, Development, Test and Evaluation,
Army
For an additional amount
for Research, Development, Test and Evaluation, Army,
$2,000,000, to remain available until September
30, 2016:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation,
Navy
For an additional
amount for Research, Development, Test and Evaluation, Navy, $35,080,000, to remain available
until September 30, 2016:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation,
Defense-Wide
For an additional
amount for Research, Development, Test and Evaluation,
Defense-Wide, $45,597,000, to remain
available until September 30, 2016:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Revolving and Management
Funds
Defense Working Capital Funds
For an additional amount for Defense
Working Capital Funds, $91,350,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Other Department of Defense
Programs
Defense Health Program
For an additional amount for Defense
Health Program, $300,531,000, which
shall be for operation and maintenance:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug
Activities, Defense
For an
additional amount for Drug Interdiction and Counter-Drug Activities,
Defense, $209,000,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat
Fund
(including transfer of funds)
For the Joint Improvised Explosive
Device Defeat Fund, $444,463,000, to
remain available until September 30, 2017:
Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any other provision of
law, for the purpose of allowing the Director of the Joint Improvised Explosive
Device Defeat Organization to investigate, develop and provide equipment,
supplies, services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices:
Provided further, That
the Secretary of Defense may transfer funds provided herein to appropriations
for military personnel; operation and maintenance; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purpose provided herein:
Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense:
Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to making
transfers from this appropriation, notify the congressional defense committees
in writing of the details of any such transfer:
Provided further, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of
1985.
Office of the Inspector
General
For an additional
amount for the Office of the Inspector General,
$7,968,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS
TITLE
9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts appropriated
or
otherwise made available for the Department of Defense for fiscal year
2015.
(including transfer of
funds)
9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national interest, the
Secretary
may, with the approval of the Office of Management and Budget, transfer up
to
$3,500,000,000 between the appropriations or
funds made available to the Department of Defense in this title:
Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to the
authority in this section:
Provided further,
That the authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and is subject
to the
same terms and conditions as the authority provided in the Department of
Defense Appropriations Act, 2015.
9003. Supervision and administration costs
associated with a construction project funded with appropriations
available for
operation and maintenance or
the Afghanistan Security Forces Fund provided in this Act and
executed in direct support of overseas contingency operations in
Afghanistan,
may be obligated at the time a construction contract is awarded:
Provided, That for the purpose of
this section, supervision and administration costs include all in-house
Government costs.
9004. From funds made available in this title,
the Secretary of Defense may purchase for use by military and civilian
employees of the Department of Defense in the U.S. Central Command area of
responsibility: (a) passenger motor vehicles up to a limit of
$75,000 per vehicle; and (b) heavy and light
armored vehicles for the physical security of personnel or for force
protection
purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the purchase of
passenger carrying vehicles.
9005. Not to exceed
$10,000,000 of the amounts appropriated in this
title under the heading Operation and Maintenance, Army may be
used, notwithstanding any other provision of law, to fund the Commander's
Emergency Response Program (CERP), for the purpose of enabling military
commanders in Afghanistan to respond to urgent, small-scale, humanitarian
relief and reconstruction requirements within their areas of
responsibility:
Provided, That each project
(including any ancillary or related elements in connection with such
project)
executed under this authority shall not exceed
$2,000,000:
Provided further,
That not later than 45 days after the end of each fiscal year quarter, the
Secretary of Defense shall submit to the congressional defense committees
a
report regarding the source of funds and the allocation and use of funds
during
that quarter that were made available pursuant to the authority provided
in
this section or under any other provision of law for the purposes
described
herein:
Provided further,
That, not later than 30 days after the end of each month, the Army shall
submit
to the congressional defense committees monthly commitment, obligation,
and
expenditure data for the Commander’s Emergency Response Program in
Afghanistan:
Provided further,
That not less than 15 days before making funds available pursuant to the
authority provided in this section or under any other provision of law for
the
purposes described herein for a project with a total anticipated cost for
completion of $500,000 or more, the Secretary
shall submit to the congressional defense committees a written notice
containing each of the following:
(1) The location, nature and purpose of the
proposed project, including how the project is intended to advance the
military
campaign plan for the country in which it is to be carried out.
(2) The budget, implementation timeline with
milestones, and completion date for the proposed project, including any
other
CERP funding that has been or is anticipated to be contributed to the
completion of the project.
(3) A plan for the sustainment of the proposed
project, including the agreement with either the host nation, a
non-Department
of Defense agency of the United States Government or a third-party
contributor
to finance the sustainment of the activities and maintenance of any
equipment
or facilities to be provided through the proposed project.
9006. Funds available to the Department of
Defense for operation and maintenance may be used, notwithstanding any
other
provision of law, to provide supplies, services, transportation, including
airlift and sealift, and other logistical support to coalition forces
supporting military and stability operations in Afghanistan:
Provided, That the Secretary of
Defense shall provide quarterly reports to the congressional defense
committees
regarding support provided under this section.
9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or expended by
the
United States Government for a purpose as follows:
(1) To establish any military installation or
base for the purpose of providing for the permanent stationing of United
States
Armed Forces in Iraq.
(2) To exercise United States control over any
oil resource of Iraq.
(3) To establish any military installation or
base for the purpose of providing for the permanent stationing of United
States
Armed Forces in Afghanistan.
9008. None of the funds made available in this
Act may be used in contravention of the following laws enacted or
regulations
promulgated to implement the United Nations Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New
York on
December 10, 1984):
(1) Section 2340A of title 18, United States
Code.
(2) Section 2242 of the Foreign Affairs Reform
and Restructuring Act of 1998 (division G of Public Law 105–277; 112 Stat.
2681–822; 8 U.S.C. 1231 note) and regulations prescribed thereto,
including
regulations under part 208 of title 8, Code of Federal Regulations, and
part 95
of title 22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to Address Hurricanes in
the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109–148).
9009. None of the funds provided for the
Afghanistan Security Forces Fund (ASFF) may be obligated prior
to the approval of a financial and activity plan by the Afghanistan
Resources
Oversight Council (AROC) of the Department of Defense:
Provided, That the AROC must
approve the requirement and acquisition plan for any service requirements
in
excess of $50,000,000 annually and any
non-standard equipment requirements in excess of
$100,000,000 using ASFF:
Provided further,
That the AROC must approve any project in excess
of $5,000,000 from the Commanders Emergency
Response Program (CERP):
Provided further,
That the Department of Defense must certify to the congressional defense
committees that the AROC has convened and approved a process for ensuring
compliance with the requirements in the preceding provisos and
accompanying
report language for the ASFF and CERP.
9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be used to
purchase
items having an investment unit cost of not more than
$250,000:
Provided, That, upon
determination by the Secretary of Defense that such action is necessary to
meet
the operational requirements of a Commander of a Combatant Command engaged
in
contingency operations overseas, such funds may be used to purchase items
having an investment item unit cost of not more than
$500,000.
9011. From funds made available to the Department
of Defense in this title under the heading Operation and Maintenance,
Air Force up to $140,000,000 may be used
by the Secretary of Defense, notwithstanding any other provision of law,
to
support United States Government transition activities in Iraq by funding
the
operations and activities of the Office of Security Cooperation in Iraq
and
security assistance teams, including life support, transportation and
personal
security, and facilities renovation and construction, and site closeout
activities prior to returning sites to the Government of Iraq:
Provided, That to the extent
authorized under the National Defense Authorization Act for Fiscal Year
2015,
the operations and activities that may be carried out by the Office of
Security
Cooperation in Iraq may, with the concurrence of the Secretary of State,
include non-operational training activities in support of Iraqi Minister
of
Defense and Counter Terrorism Service personnel in an institutional
environment
to address capability gaps, integrate processes relating to intelligence,
air
sovereignty, combined arms, logistics and maintenance, and to manage and
integrate defense-related institutions:
Provided further,
That not later than 30 days following the enactment of this Act, the
Secretary
of Defense and the Secretary of State shall submit to the congressional
defense
committees a plan for transitioning any such training activities that they
determine are needed after the end of fiscal year 2015, to existing or new
contracts for the sale of defense articles or defense services consistent
with
the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.):
Provided further,
That not less than 15 days before making funds available pursuant to the
authority provided in this section, the Secretary of Defense shall submit
to the
congressional defense committees a written notice containing a detailed
justification and timeline for the operations and activities of the Office
of
Security Cooperation in Iraq at each site where such operations and
activities
will be conducted during fiscal year 2015.
(rescissions)
9012. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are
hereby rescinded from the following accounts and programs in the specified
amounts:
Provided, That such amounts are designated by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Other Procurement, Army, 2013/2015, $8,200,000;
Aircraft Procurement, Army, 2014/2016, $464,000,000; and
Afghanistan Security Forces Fund, 2014/2015, $109,643,000.
9013. None of the funds made available by this Act may be used
with respect to Syria in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.), including for the introduction of United States
armed or military forces into hostilities in Syria, into situations in
Syria where imminent involvement in hostilities is clearly indicated by
the circumstances, or into Syrian territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of that law (50 U.S.C.
1542 and 1543).
9014. In addition to the amounts appropriated in this Act, $250,000,000 is hereby appropriated,
notwithstanding any other provision of law, to conduct surface and
subsurface clearance of unexploded ordnance at closed training ranges used
by the Armed Forces of the United States in Afghanistan:
Provided, That such funds shall be available until September 30, 2016:
Provided further,
That such ranges shall not have been transferred to the Islamic Republic
of Afghanistan for use by its armed forces:
Provided further,
That within 90 days of enactment of this Act, the Secretary of Defense
shall provide to the congressional defense committees a written
plan to mitigate the threat of unexploded ordnance at such ranges,
including a detailed spend plan:
Provided further,
That the Secretary of Defense shall provide the congressional defense
committees written progress reports every 180 days after the submission of
the initial plan, until such funds are fully expended:
Provided further,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
9015. The Secretary of Defense is authorized, with the concurrence of the Secretary of State, to provide
assistance, including the provision of defense articles and defense
services, to appropriately vetted elements of the Syrian opposition and
other appropriately vetted Syrian groups or individuals for the following
purposes: (1) Defending the Syrian people from attacks by the Syrian
regime, facilitating the provision of essential services, and stabilizing
territory controlled by the opposition; (2) Protecting the United States,
its friends and allies, and the Syrian people from threats posed by
terrorists in Syria; (3) Promoting the conditions for a negotiated
settlement to end the conflict in Syria: Provided, That of the funds appropriated in this title under the heading, Operation and Maintenance, Defense-wide, up to $500,000,000 may be used for activities authorized by this section: Provided further, That the Secretary may accept contributions, including assistance in-kind, from foreign
governments to carry out activities as authorized by this section, except
that any funds so accepted by the Secretary shall not be available for
obligation until a reprogramming action is submitted to the congressional
defense committees: Provided further, That 15 days prior to initiating a program to transfer defense articles or provide defense
services as authorized by this section, the Secretary of Defense shall
provide the congressional defense committees with a report describing the
details and objectives of such program, including the goals of the
program, a concept of operations, the amount of assistance to be provided,
the cooperation of partner nations, the number of United States Armed
Forces personnel involved, and other relevant details: Provided further, That the term appropriately vetted as used in this section shall be construed to mean, at a minimum, assessments of possible
recipients for associations with terrorist groups, commitment to the rule
of law, opposition to sectarian violence, commitment to a peaceful and
democratic Syria under civilian rule, and compliance with section 8056 of
this Act: Provided further, That nothing in this section shall be construed to constitute a specific statutory authorization
for the introduction of the United States Armed Forces into hostilities or
into situations wherein hostilities are clearly indicated by the
circumstances, in accordance with section 8(a)(1) of the War Powers
Resolution: Provided further, That the authority to provide assistance under this section shall terminate upon enactment of the
National Defense Authorization Act for Fiscal Year 2015, or September 30,
2015.
9016. None of the funds in this Act may be made available for the transfer of additional C–130 cargo
aircraft to the Afghanistan National Security Forces or the Afghanistan
Air Force until the Department of Defense provides a review to the
congressional defense committees of the Afghanistan Air Force’s medium
airlift requirements. The review should identify Afghanistan’s ability
to utilize and maintain existing medium lift aircraft in the inventory and
the best alternative platform, if necessary, to provide additional support
to the Afghanistan Air Force’s current medium airlift capacity.
9017. Each amount designated in titles IX, X, and XI of this Act by the Congress for Overseas Contingency
Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and
Emergency Deficit Control Act of 1985 shall be available (or rescinded, if
applicable) only if the President subsequently so designates all such
amounts and transmits such designations to the Congress.
X
Overseas contingency operations
BILATERAL ECONOMIC ASSISTANCE
Funds appropriated to the President
Complex crises fund
For an additional amount for Complex Crises Fund, $1,000,000,000, to remain available until September 30, 2016: Provided, That such funds may be made available for the purposes of undertaking counterterrorism
partnership efforts, responding to crises, and addressing regional
instability resulting from the conflict in Syria (including in addition to
amounts otherwise available for such purposes, up to 5 percent for
administrative expenses): Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of state
Contributions for international peacekeeping activities
For an additional amount for Contributions for International Peacekeeping Activities, $278,000,000, to remain available until September 30, 2016, which may be made available to
support international peacekeeping missions including in the Central
African Republic: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Funds appropriated to the president
Foreign military financing program
For an additional amount for Foreign Military Financing Program, $75,000,000, to remain available until September 30, 2016, which may be made available to
strengthen the capacity of partner states in Europe including to support
security sector reform: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISION—THIS TITLE
10001. The provisions of sections 8002 and 8003 of S. 2499, as reported to the Senate
on June 19, 2014, shall apply to funds
appropriated under this heading, including for the transfer of funds
among fiscal year 2015 appropriations accounts cited therein and including
for the purposes specified herein.
XI
Overseas Contingency Operations
Department of Defense
Military Construction, Defense-Wide
For an additional amount for Military Construction, Defense-Wide, $46,000,000, to remain available until September 30, 2017: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to
carry out a military construction project outside of the United States not
otherwise authorized by law: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985. This Act may be cited as the
Department of Defense Appropriations Act, 2015.
June 25, 2014Received; read twice and referred to the Committee on AppropriationsJuly 17, 2014Reported with an amendment