Department of Defense Appropriations Act, 2017

Highlights:

This bill provides FY2017 appropriations to the Department of Defense (DOD) for military activities, including appropriations for Overseas Contingency Operations (OCO)/ Global War on Terrorism.

The bill does not include funding for military construction, military family housing, civil works projects of the Army Corps of Engineers, and nuclear warheads, which are all considered in other appropriations bills.

The bill increases total funding for DOD compared to FY2016 levels and provides additional OCO funding for many accounts. OCO funding is not subject to discretionary spending limits and other budget enforcement procedures.

The bill also contains provisions that prohibit or restrict funds from being used to close the Guantanamo Bay, Cuba, detention facility; transfer the detainees to other countries; or construct or modify facilities for the purpose of housing the detainees.

Full Summary:

Department of Defense Appropriations Act, 2017

TITLE I--MILITARY PERSONNEL

Provides appropriations for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

TITLE II--OPERATION AND MAINTENANCE

Provides appropriations for Operation and Maintenance (O&M) for the military departments, other agencies of DOD, the Reserve Components, and the Army and Air National Guard.

Provides appropriations for:

• the U.S. Court of Appeals for the Armed Forces;
• Environmental Restoration for the military departments, DOD, and at Formerly Used Defense Sites;
• Overseas Humanitarian, Disaster, and Civic Aid; and
• the Cooperative Threat Reduction Account.

TITLE III--PROCUREMENT

Provides appropriations for Procurement by the military departments, including:

• Aircraft;
• Missiles;
• Weapons and Tracked Combat Vehicles;
• Ammunition;
• Spacecraft, Rockets, and Related Equipment; and
• Shipbuilding and Conversion by the Navy.

Provides appropriations for Defense-Wide Procurement and Defense Production Act Purchases.

TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Provides appropriations for Research, Development, Test, and Evaluation (RDT&E) by the military departments and defense agencies.

Provides appropriations for Operational Test and Evaluation.

TITLE V--REVOLVING AND MANAGEMENT FUNDS

Provides appropriations for the Defense Working Capital Funds.

TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

Provides appropriations for other DOD programs, including:

• the Defense Health Program,
• Chemical Agents and Munitions Destruction,
• Drug Interdiction and Counter-Drug Activities, and
• the Office of the Inspector General.

TITLE VII--RELATED AGENCIES

Provides appropriations for the Central Intelligence Agency Retirement and Disability System Fund and the Intelligence Community Management Account.

TITLE VIII--GENERAL PROVISIONS

Sets forth permissible and prohibited uses of funds appropriated by this and other appropriations bills.

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

(Sec. 8002) Exempts DOD from laws prohibiting the compensation or employment of foreign nationals if specified conditions are met.

(Sec. 8003) Prohibits funding provided by this bill from remaining available for obligation beyond the current fiscal year unless this bill expressly provides otherwise.

(Sec. 8004) Prohibits more than 20% of the appropriations provided by this bill for the current fiscal year from being obligated during the last two months of the fiscal year, with an exception for support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps.

(Sec. 8005) Permits specified Working Capital Funds provided by this bill for military functions (except military construction) to be transferred between appropriations or funds available for the same purposes, subject to specified restrictions and the approval of the Office of Management and Budget (OMB). Requires DOD to notify Congress of all transfers made pursuant to this section.

(Sec. 8006) Requires tables included in the report accompanying this bill to be treated as if they were included in the text of this bill.

(Sec. 8007) Requires DOD to submit a report to Congress to establish the baseline for application of reprogramming and transfer authorities for FY2017. Prohibits funds provided by this bill from being reprogrammed or transferred until the report is provided or DOD certifies to Congress that the reprogramming or transfer is necessary as an emergency requirement. Includes exceptions for Environmental Restoration and Drug Interdiction and Counter-Drug Activities accounts.

(Sec. 8008) Prohibits cash balances in DOD Working Capital Funds from exceeding the level necessary for cash disbursements to be made from the funds. Sets forth requirements and limitations for transfers of balances in the funds to specified accounts.

(Sec. 8009) Prohibits the initiation of a special access program without notifying Congress in advance.

(Sec. 8010) Establishes limitations and conditions on the use of funds provided by this bill to initiate or terminate certain multi-year contracts.

(Sec. 8011) Appropriates O&M funds for the costs of humanitarian and civic assistance provided in conjunction with military operations.

(Sec. 8012) Prohibits DOD from managing civilian personnel on the basis of any end-strength or subjecting civilian personnel to any end strength limitations.

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

(Sec. 8014) Prohibits compensation from being paid to any member of the Army participating as a full-time student and receiving benefits paid by the Department of Veterans Affairs from the DOD Education Benefits Fund if the time spent as a student is counted toward the member's service commitment. Applies the restriction only to active components of the Army and exempts members that have reenlisted with this option prior to October 1, 1987.

(Sec. 8015) Permits funds appropriated in title III of this bill for the Department of Defense Pilot Mentor-Protege Program to be transferred to any other account to implement a developmental assistance agreement under the program.

(Sec. 8016) Prohibits DOD from purchasing certain anchor and mooring chains unless they are manufactured in the United States.

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

(Sec. 8018) Limits funding for the relocation of any DOD entity into or within the National Capital Region. Permits DOD to waive the limitation by certifying to Congress that a relocation is required in the best interest of the government.

(Sec. 8019) Provides specified funds for incentive payments for federal contracts involving contractors, subcontractors, or suppliers that are Indian organizations or Indian-owned economic enterprises.

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

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

(Sec. 8022) Provides appropriations from specified accounts for the Civil Air Patrol Corporation to support operation and maintenance, procurement, readiness, counterdrug activities, and drug demand reduction activities involving youth programs.

(Sec. 8023) Prohibits funds provided by this bill from being used to establish a new DOD federally-funded research and development center (FFRDC). Limits compensation for FFRDC members or consultants.

Prohibits a defense FFRDC from using FY2017 DOD funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions.

Limits the staff years that may be funded for FFRDCs from FY2017 funds, and requires DOD to submit a report on the allocation of staff years with the FY2018 budget request.

Reduces the total amount appropriated by this bill for FFRDCs.

(Sec. 8024) Prohibits DOD from procuring carbon, alloy, or armor steel plating not melted and rolled in the United States or Canada. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security purposes.

(Sec. 8025) Specifies that "congressional defense committees" include the Senate and House Armed Services Committees and Appropriations Subcommittees on Defense.

(Sec. 8026) Permits DOD to acquire the modification, depot maintenance, and repair of aircraft, vehicles, and vessels; and production of components through competition between DOD activities and private firms.

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

(Sec. 8028) Permits funds in the Department of Defense Overseas Military Facility Investment Recovery Account to remain available until expended.

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

(Sec. 8030) Permits DOD O&M appropriations to be used to purchase items with an investment unit cost of not more than $250,000.

(Sec. 8031) Prohibits the use of funds provided by this bill to disestablish, close, downgrade from host to extension center, or place on probation a Senior Reserve Officers' Training Corps program.

(Sec. 8032) Requires DOD to issue regulations to: (1) prohibit the sale of 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; and (2) require the prices in overseas military retail outlets to be within the range of prices established for military retail systems stores in the United States.

(Sec. 8033) Prohibits the use of DOD Working Capital Funds to purchase specified investment items.

(Sec. 8034) Prohibits funds provided for the Central Intelligence Agency (CIA) from remaining available for obligation beyond the current fiscal year, except for funds provided for the Reserve for Contingencies, the Working Capital Fund, or other specified programs.

(Sec. 8035) Permits funds made available by this bill to the Defense Intelligence Agency to be used for the design, development, and deployment of General Defense Intelligence Program intelligence communication and intelligence information systems.

(Sec. 8036) Requires specified Operation and Maintenance--Defense-Wide funds to be used for the mitigation of environmental impacts on Indian lands resulting from DOD activities.

(Sec. 8037) Requires DOD to comply with the Buy American Act.

(Sec. 8038) Prohibits funds from being used for contracts for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited proposal unless specified conditions are met.

(Sec. 8039) Prohibits funds in this bill from being used to: (1) establish a field operating agency, or (2) pay a member of the Armed Forces or civilian employee transferred or reassigned from a headquarters activity if the employee's place of duty remains at headquarters. Specifies exceptions and permits waivers that will reduce personnel or financial requirements of the department.

(Sec. 8040) Prohibits funds in this bill from being used to convert a function performed by DOD civilian employees to performance by a contractor unless specific requirements are met.

(Sec. 8041) Rescinds specified funds provided for Procurement and RDT&E in prior defense appropriations Acts.

(Sec. 8042) Prohibits funds provided by this bill from being used to reduce authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve, and Air Force Reserve unless the reductions are a direct result of a reduction in military force structure.

(Sec. 8043) Prohibits funds provided by this bill from being used for assistance to North Korea unless specifically appropriated for that purpose.

(Sec. 8044) Permits O&M funds provided by this bill to be used to reimburse the National Guard and Reserve for providing intelligence or counterintelligence support to the combatant commands, defense agencies, and joint intelligence activities.

(Sec. 8045) Prohibits the transfer of DOD or Central Intelligence Agency (CIA) drug interdiction or counter-drug activity funds to any other department or agency except as specifically provided in an appropriations law.

(Sec. 8046) Requires ball and roller bearings purchased using funds provided by this bill to be produced by a domestic source. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security.

(Sec. 8047) Prohibits funds provided by this bill from being used for Evolved Expendable Launch Vehicle (EELV) launch service competitions unless the competitions are open to all certified providers of EELV systems. Requires the award to be made to the provider that offers the best value to the government.

(Sec. 8048) Appropriates funds to DOD for grants to the United Service Organizations and the Red Cross.

(Sec. 8049) Prohibits funds provided by this bill from being used to purchase any supercomputer not manufactured in the United States unless it is unavailable from U.S. manufacturers and is necessary for national security.

(Sec. 8050) Requires the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides to be taken proportionately from all programs, projects, or activities that contribute to the extramural budget.

(Sec. 8051) Prohibits funds in this bill from being used for contractor bonuses being paid due to a business restructuring.

(Sec. 8052) Permits the transfer of specified O&M funds to pay military personnel for support and services for eligible organizations and activities outside DOD.

(Sec. 8053) Permits DOD to dispose of negative unliquidated or unexpended balances for expired or closed accounts by charging an obligation to a current account for the same purpose as the expired or closed account.

(Sec. 8054) Permits the National Guard to allow the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis.

(Sec. 8055) Requires specified O&M funds to be used for continued implementation and expansion of the Sexual Assault Prevention and Response Program.

(Sec. 8056) Prohibits the use of funds provided in title IV to procure end-items for delivery to military forces for operational training, operational use, or inventory requirements. Includes exceptions and permits a waiver for national security purposes.

(Sec. 8057) Permits DOD to waive limitations on the procurement of defense items from a foreign country if: (1) the limitations would invalidate cooperative programs or reciprocal trade agreements, and (2) the country does not discriminate against the same or similar items procured in the United States. Provides exceptions.

(Sec. 8058) Prohibits funds provided by this or other DOD appropriations bills from being used for repairs or maintenance for military family housing units.

(Sec. 8059) Requires DOD to submit a report to Congress before obligating specified RDT&E funds appropriated by this bill for any new start advanced concept technology demonstration project or joint capability demonstration project. Permits DOD to waive the restriction by certifying to Congress that it is in the national interest.

(Sec. 8060) Requires DOD to continue to provide a classified quarterly report to Congress on matters specified in the classified annex accompanying this bill.

(Sec. 8061) Permits a Reserve who is a member of the National Guard serving on full-time duty to support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8062) Prohibits funds provided by this bill from being used to transfer specified armor-piercing ammunition to any nongovernmental entity, except for demilitarization purposes.

(Sec. 8063) Permits the Chief of the National Guard Bureau to waive payment for the lease of personal property to certain youth, social, charitable, or fraternal nonprofit organizations.

(Sec. 8064) Permits specified O&M--Army funds to remain available until expended. Permits DOD to: (1) transfer the funds to other activities of the federal government; and (2) contract for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purpose of this section.

(Sec. 8065) Prohibits funds from being used to make specified modifications to the budget and appropriations process for the National Intelligence Program.

(Sec. 8066) Provides appropriations to remain available until expended for grants for the construction and furnishing of additional Fisher Houses to meet the needs of military family members confronted with the illness or hospitalization of an eligible military beneficiary.

(Sec. 8067) Provides specified Procurement and RDT&E funds for the Israeli Cooperative Programs for the Iron Dome defense system to counter short-range rocket threats, the Short Range Ballistic Missile Defense program, and related programs.

(Sec. 8068) Permits specified Shipbuilding and Conversion--Navy funds to remain available through FY2017 to fund prior year shipbuilding cost increases. Requires the funds to be transferred to specified accounts.

(Sec. 8069) Deems funds provided by this bill for intelligence activities to be authorized by Congress during FY2017 until the enactment of the Intelligence Authorization Act for FY2017.

(Sec. 8070) Prohibits fund appropriated by this bill from being used for a reprogramming of funds that creates or initiates a new program, project, or activity unless it must be undertaken immediately for national security and Congress is notified in advance.

(Sec. 8071) Requires the President's budget to include separate budget justification documents for costs of the Armed Forces' participation in contingency operations for the Military Personnel, O&M, Procurement, and RDT&E accounts.

(Sec. 8072) Prohibits funds provided by this bill from being used for research, development, test, evaluation, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8073) Reduces the total amount appropriated in this bill to reflect savings due to favorable foreign exchange rates.

(Sec. 8074) Prohibits funds appropriated in this bill from being used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve if the action would reduce the WC-130 Weather Reconnaissance mission below the levels funded in this bill. Permits the Squadron to perform other missions in support of national defense requirements during the non-hurricane season.

(Sec. 8075) Prohibits funds from being used for integrating foreign intelligence information unless the information has been lawfully collected and processed during authorized foreign intelligence activities.

(Sec. 8076) Prohibits funds in this bill from being used to transfer research and development, acquisition, or other program authority related to current tactical unmanned aerial vehicles from the Army. Requires the Army to retain responsibility for and operational control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle.

(Sec. 8077) Permits specified Navy O&M funds to be used for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute theater security cooperation activities such as humanitarian assistance and the payments of the costs of training and exercising with foreign security forces.

(Sec. 8078) Prohibits funds appropriated by this bill for programs of the Office of the Director of National Intelligence from being obligated beyond the current fiscal year except for research and technology funds, which remain available through FY2018.

(Sec. 8079) Provides for the adjustment of obligations within the Shipbuilding and Conversion--Navy appropriation.

(Sec. 8080) Requires the Office of the Director of National Intelligence (DNI) to submit a report to Congress establishing the baseline for application of reprogramming and transfer authorities for FY2017. Prohibits funds provided by this bill for the National Intelligence Program from being transferred or reprogrammed until the report is submitted unless the action is necessary for an emergency.

(Sec. 8081) Prohibits funds provided by this bill from being used to eliminate, restructure, realign, or make disproportionate personnel reductions at Army Contracting Command--New Jersey sites without notifying Congress in advance.

(Sec. 8082) Prohibits the use of funds to support any military training or operation that includes child soldiers unless the assistance is permitted by the Child Soldiers Prevention Act of 2008.

(Sec. 8083) Makes specified Intelligence Community Management Account funds available for transfer by the DNI to other departments and agencies for government-wide information sharing activities, subject to the approval of OMB.

(Sec. 8084) Provides specific restrictions on the reprogramming or transfer of funds provided to the National Intelligence Program.

(Sec. 8085) Directs the DNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.

(Sec. 8086) Specifies committees included in "congressional intelligence committees" for the purposes of this bill.

(Sec. 8087) Requires DOD to continue to report incremental contingency operations costs for Operation Inherent Resolve (operations in Iraq and Syria against the Islamic State of Iraq and the Levant or ISIL), Operation Freedom's Sentinel (counterterrorism, training, and advisory activities in Afghanistan), and any named successor operation on a monthly basis, and other operations identified by DOD on a semiannual basis.

(Sec. 8088) Permits specified O&M funds provided in title II to be transferred by the military department concerned to its central fund established for Fisher Houses and Suites.

(Sec. 8089) Permits O&M funds to be used for payments and transfers to the Defense Acquisition Workforce Development Fund.

(Sec. 8090) Requires agencies receiving funds in this bill to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest. Provides exceptions for national security or proprietary information.

(Sec. 8091) Prohibits the use of funds for federal contracts in excess of $1 million unless the contractor meets specific requirements regarding the resolution of claims under title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, or national origin). Allows DOD to waive the requirements to avoid harm to national security.

(Sec. 8092) Provides specified funds to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

(Sec. 8093) Permits DOD funds to be used to purchase armored vehicles for the physical security of personnel or force protection and limits the cost per vehicle.

(Sec. 8094) Prohibits the use of funds to provide certain missile defense information to the Russian Federation, subject to an exception for information regarding ballistic missile early warning.

(Sec. 8095) Permits the Director of National Intelligence to transfer specified funds provided by this bill for the National Intelligence Program with the approval of the Office of Management and Budget, subject to certain requirements and restrictions.

(Sec. 8096) Prohibits funds from being used to transfer or release any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo), who is not a U.S. citizen or member of the Armed Forces into the United States, its territories, or possessions.

(Sec. 8097) Prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.

(Sec. 8098) Prohibits funds provided by this bill from being used to transfer any individual detained at Guantanamo Bay, Cuba, to a country of origin or other foreign country or entity unless DOD makes certain certifications.

(Sec. 8099) Prohibits funds from being used to violate the Wars Powers Resolution.

(Sec. 8100) Prohibits funds made available by this bill from being used to lease or purchase new light duty vehicles for any executive fleet inventory except in accordance with a specific Presidential Memorandum related to federal fleet performance.

(Sec. 8101) Prohibits funds from being used to enter into specified agreements and transactions with Russian arms supplier Rosoboronexport. Permits DOD to waive the restriction if specific conditions are met.

(Sec. 8102) Prohibits the use of funds for the purchase or manufacture of U.S. flags unless they are treated as covered items under Buy American requirements.

(Sec. 8103) Permits funds provided by this bill to be used for payments to local military commanders for damage, personal injury, or death that is incident to combat operations in a foreign country.

(Sec. 8104) Prohibits funds made available in this bill from being used to reduce strategic delivery vehicles and launchers below levels necessary to implement the New Strategic Arms Reduction Treaty (New START), as set forth in a report provided to Congress pursuant to the National Defense Authorization Act for Fiscal Year 2012.

(Sec. 8105) Require DOD to post grant awards on a public website in a searchable format.

(Sec. 8106) Prohibits funds provided by this bill from being used for the performance of a flight demonstration team at a location outside of the United States if a performance of a flight demonstration team at a location within the United States was canceled during the year due to insufficient funding.

(Sec. 8107) Prohibits the National Security Agency (NSA) from using funds provided by this bill to target a U.S. person under specified authorities granted by the Foreign Intelligence Surveillance Act of 1978 (FISA).

(Sec. 8108) Prohibits funds provided by this bill from being used for the Arms Trade Treaty until it is ratified by the Senate.

(Sec. 8109) Prohibits the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this bill to another federal agency not financed by this bill without the express authorization of Congress.

(Sec. 8110) Prohibits funds provided by this bill from being used to initiate or expand support for foreign forces, irregular forces, groups, or individuals supporting U.S. Special Operations Forces activities to combat terrorism unless Congress is notified in advance in accordance with the classified annex of this bill.

(Sec. 8111) Prohibits funds provided by this bill from being used for activities in Iraq in contravention of the War Powers Resolution.

(Sec. 8112) Prohibits funds provided by this bill from being used to divest, retire, transfer, or place in storage any A-10 aircraft, or to disestablish any units of the active or reserve components associated with the aircraft.

(Sec. 8113) Provides specified RDT&E--Defense-Wide funds for DOD activities related to implementation of the Digital Accountability and Transparency Act and a uniform procurement instrument identifier.

(Sec. 8114) Prohibits funds provided by this bill for the T-AO(X) program from being used for a new contract unless specified components are manufactured in the United States. (The T-AO[X] program is an oiler shipbuilding program to build a new class of fleet oilers for the Navy. Navy fleet oilers transfer fuel to Navy surface ships that are operating at sea.)

(Sec. 8115) Reduces the funds provided by title II this bill to the Working Capital Funds to reflect excess cash balances.

(Sec. 8116) Reduces the total amount appropriated by this bill to reflect savings due to lower than anticipated fuel prices.

(Sec. 8117) Prohibits funds provided by this bill from being used to divest or retire, or prepare to divest or retire, KC-10 aircraft.

(Sec. 8118) Prohibits funds provided by this bill from being used to divest, retire, transfer, or place in storage or on backup aircraft inventory status or prepare to divest, retire, transfer, or place in storage or on backup aircraft inventory status, any EC-130H aircraft.

(Sec. 8119) Prohibits funds provided by this bill from being used for Government Travel Charge Card expenses for gaming or for entertainment that includes topless or nude entertainers or participants.

(Sec. 8120) Prohibits funds provided by this bill from being used for a new or additional Base Realignment and Closure (BRAC) round.

(Sec. 8121) Permits funds provided by title III of this bill to be used for a multiyear procurement contract for the AH-64E Apache Helicopter and the UH-60M Blackhawk Helicopter.

(Sec. 8122) Permits specified Navy O&M funds to be used for the National Defense Reserve Fleet and for reimbursements to the Ready Reserve Force--Maritime Administration account of the Department of Transportation for expenses related to the National Defense Reserve Fleet.

(Sec. 8123) Permits specified funds provided for the Ship Modernization, Operations and Sustainment Fund to be transferred to specified accounts for equipping, modernizing, and sustaining Ticonderoga-class guided missile cruisers and Whidbey Island-class dock landing ships.

(Sec. 8124) Permits DOD to use specified funds to develop, replace, and sustain federal government security and suitability background investigation information technology systems of the Office of Personnel Management, provided that the funds supplement and not supplant other federal funds provided for this purpose.

(Sec. 8125) Prohibits funds provided by this bill for the Joint Surveillance Target Attack Radar System recapitalization program from being used for pre-milestone B activities after December 31, 2017.

(Sec. 8126) Requires specified Defense Working Capital funds provided to the Defense Commissary Agency to be used to support the transportation of fresh fruits and vegetables to commissaries in Asia and the Pacific.

(Sec. 8127) Prohibits funds provided by this bill from being used to accept fresh fruits and vegetables at any commissary in Asia and the Pacific unless the fruits and vegetables were grown within the country in which the commissary was located or were accepted for use by the Defense Commissary Agency at a location in the continental United States.

(Sec. 8128) Prohibits funds from being used to close or transfer from the DOD's jurisdiction the U.S. Naval Station, Guantanamo Bay, Cuba.

(Sec. 8129) Provides additional funding for the basic housing allowance for military personnel.

(Sec. 8130) Prohibits funds provided by this bill from being used to enforce section 526 of the Energy Independence and Security Act of 2007, which restricts the procurement of certain alternative or synthetic fuels unless the lifecycle greenhouse gas emissions associated with the fuel is less than or equal to emissions from the equivalent conventional fuel produced from conventional petroleum sources.

(Sec. 8131) Permits specified funds provided by this bill to be used for activities related to the Zika virus.

(Sec. 8132) Permits DOD to use specified funds for financial support for military service memorials and museums that highlight the role of women in the military.

(Sec. 8133) Prohibits funds provided by this bill from being used for any computer network that does not block pornography, with exceptions for criminal investigations, prosecution, or adjudication activities; or for any activity necessary for the national defense, including intelligence activities.

(Sec. 8134) Prohibits funds provided by this bill from being used to carry out specified changes to the Joint Travel Regulations of the Department of Defense.

TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

Provides appropriations for FY2017 for Overseas Contingency Operations (OCO)/ the Global War on Terrorism. Designates the funds provided in this title as for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. (OCO funds are exempt from discretionary spending limits and other budget enforcement rules.)

Provides appropriations for Active-Duty and Reserve Personnel in the Army, Navy, Marine Corps and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

Provides appropriations for Operation and Maintenance (O&M) for the military departments, other agencies of DOD, the Reserve Components, and the Army and Air National Guard.

Provides appropriations for:

• the Counterterrorism Partnerships Fund,
• the Afghanistan Security Forces Fund, and
• the Counter-Islamic State of Iraq and the Levant Train and Equip Fund.

Provides appropriations for Procurement by the military departments, other DOD agencies, Reserve Components, and National Guard, including for the procurement of aircraft, missiles, weapons, tracked combat vehicles, and ammunition.

Provides appropriations for Research, Development, Test, and Evaluation (RDT&E) for the military departments and other DOD agencies.

Provides appropriations for the Defense Working Capital Funds.

Provides appropriations for Other DOD Programs, including:

• the Defense Health Program;
• Drug Interdiction and Counter-Drug Activities;
• the Joint Improvised Threat Defeat Fund; and
• the Office of the Inspector General.

Sets forth permissible and prohibited uses of funds appropriated by this title.

(Sec. 9001) Provides that funds made available in this title are in addition to amounts appropriated to DOD for FY2017.

(Sec. 9002) Permits DOD to transfer up to $4.5 billion between the appropriations in this title if it is in the national interest, OMB approves, and Congress is notified.

(Sec. 9003) Permits supervision, administration, and design costs for a construction project funded with O&M or the Afghanistan Security Forces Fund in direct support of overseas contingency operations in Afghanistan to be obligated when a construction contract is awarded.

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

(Sec. 9005) Permits specified Army O&M funds to be used for the Commander's Emergency Response Program for humanitarian relief and reconstruction assistance in Afghanistan.

(Sec. 9006) Permits DOD O&M funds to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Afghanistan and to counter the Islamic State of Iraq and the Levant. Requires DOD to report quarterly to Congress regarding the support.

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

(Sec. 9008) Prohibits funds provided by this bill from being used in contravention of specified laws or regulations implementing the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

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

(Sec. 9010) Permits O&M funds provided in this title to be used to purchase items with an investment unit cost of up to $250,000. Permits the purchase of items with an investment cost of up to $500,000 if DOD determines that it is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas.

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

(Sec. 9012) Permits specified funds from the Counterterrorism Partnerships Fund to be used to provide assistance to the government of Jordan to support the armed forces of Jordan and to enhance security along its borders.

(Sec. 9013) Prohibits funds provided by this bill for the Iraq Train and Equip Fund from being used to procure or transfer man-portable air defense systems.

(Sec. 9014) Provides additional funding for assistance and sustainment of the military and national security forces of Ukraine.

(Sec. 9015) Permits funds provided by this title to be used for the replacement for funds for items provided to the government of Ukraine from the U.S. inventory.

(Sec. 9016) Prohibits funds provided by this bill under section 9014 for Assistance and Sustainment to the Military and National Security Forces of Ukraine from being used to procure or transfer man-portable air defense systems.

(Sec. 9017) Prohibits DOD O&M funds from being used for payments to Pakistan as reimbursement for support provided to U.S. military operations unless DOD certifies to Congress that the government of Pakistan has met specific conditions. Permits DOD to waive the restriction for national security.

(Sec. 9018) Provides additional funding to DOD to improve intelligence, surveillance, and reconnaissance capabilities.

(Sec. 9019) Prohibits the use of funds for Syria in contravention of the War Powers Resolution.

(Sec. 9020) Rescinds specified funds provided for Defense-Wide O&M, Air Force Procurement, and the Counterterrorism Partnership Fund.

(Sec. 9021) Provides that amounts designated by this bill for Overseas Contingency Operations/Global War on Terrorism are only available if the President subsequently designates the amounts and transmits the designations to Congress.

TITLE X--ADDITIONAL GENERAL PROVISIONS

(Sec. 10001) Specifies that Congress has a constitutional duty to debate and determine whether or not to authorize the use of military force against the Islamic State of Iraq and the Levant (ISIL).

(Sec. 10002) Prohibits funds provided by this bill from being used to provide arms, training, or other assistance to the Azov Battalion.

(Sec. 10003) Establishes a spending reduction account for the amount by which spending proposed in this bill exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)

(Sec. 10004) Prohibits funds provided by this bill from being used to promulgate Directive 293, issued by the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). (The directive treats healthcare providers to federal health care programs such as Medicare, TRICARE, and the Federal Employee Health Benefits Program as federal contractors, triggering OFCCP jurisdiction and regulatory requirements.)

(Sec. 10005) Prohibits funds provided by this bill from being used for a contract with companies convicted, indicted, or charged with certain crimes or that have more than $3,000 in delinquent taxes within a three-year period surrounding the contract.

(Sec. 10006) Prohibits funds provided by this bill from being used to designate or expand a heritage asset under the National Historic Preservation Act in specified counties in Colorado.

(Sec. 10007) Prohibits funds provided by this bill from being used to transfer any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba, to any other location.

(Sec. 10008) Prohibits funds provided by this bill from being used to carry out Executive Order No. 13688 entitled "Federal Support for Local Law Enforcement Equipment Acquisition." (The executive order establishes a Law Enforcement Equipment Working Group to make recommendations to the President regarding actions to improve the provision of federal support for the acquisition of certain federal military and military-styled equipment, firearms, and tactical vehicles [known as controlled equipment] by local law enforcement agencies.)

(Sec. 10009) Prohibits fund provided by this bill from being used for a public-private competition under the Office of Management and Budget Circular A-76.

(Sec. 10010) Prohibits the use of funds provided by this bill for certain performances by a military musical unit.

(Sec. 10011) Prohibits funds provided by this bill from being used for certain contracts to procure energy or fuel for a military installation from the Russian Federation.

(Sec. 10012) Prohibits funds provided by this bill from being used to revise the DOD Food Service Program Manual to exclude meat.

(Sec. 10013) Prohibits funds provided by this bill from being used to implement Department of Defense Directive 4715.21 on Climate Change Adaptation and Resilience, which establishes policy and assigns responsibilities to provide DOD with the resources necessary to assess and manage risks associated with the impacts of climate change.

(Sec. 10014) Prohibits funds provided by this bill from being used to modify a military installation in the United States, including construction or modification of a facility on a military installation, to provide temporary housing for unaccompanied alien children.

(Sec. 10015) Prohibits funds provided by this bill from being used to carry out or in response to the memorandum of the Deputy Assistant Secretary of Defense for Homeland Defense Integration and Defense Support of Civil Authorities titled "Memorandum for Secretaries of the Military Departments Director, Joint Staff" and dated November 25, 2015. (The memo requires the secretaries of the military departments to submit a list of DOD facilities that are available for the Department of Health and Human Services to use for housing unaccompanied alien children.)

(Sec. 10016) Prohibits DOD from using funds provided by this bill to survey, assess, or review potential locations in the United States to detain any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba, as of the date of the enactment of this bill.

(Sec. 10017) Prohibits funds provided by this bill from being used for specified statutory and executive order requirements for the use of renewable energy.

(Sec. 10018) Prohibits funds provided by this bill from being used for the office or position of the Special Envoy for Guantanamo Detention Closure or the Principal Director, Detainee Policy.

(Sec. 10019) Prohibits DOD from using funds provided by this bill to use the Afghanistan Security Forces Fund for projects previously funded with the Afghanistan Infrastructure Fund.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov