H.R.2397 - Department of Defense Appropriations Act, 2014113th Congress (2013-2014)
Summary: H.R.2397 — 113th Congress (2013-2014)
Passed House amended (07/24/2013)
Department of Defense Appropriations Act, 2014 - Title I: Military Personnel - Appropriates funds for FY2014 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 - Appropriates funds for FY2014 for operation and maintenance (O&M) for the military departments, other agencies of the Department of Defense (DOD), the reserve components, and the Army and Air National Guard. Appropriates funds for: (1) the United States Court of Appeals for the Armed Forces; (2) environmental restoration for the military departments, DOD, and at formerly used defense sites; (3) overseas humanitarian, disaster, and civic aid; (4) assistance to the republics of the former Soviet Union and to countries outside of the former Soviet Union for facilitating the elimination and the safe and secure transportation and storage of nuclear, chemical, and other weapons; and (5) the Department of Defense Acquisition Workforce Development Fund.
Title III: Procurement - Appropriates funds for FY2014 for procurement by the military departments, including for the procurement of aircraft, missiles, weapons, tracked combat vehicles, and ammunition and for shipbuilding and conversion by the Navy. Appropriates funds for: (1) defense-wide procurement, and (2) certain procurements under the Defense Production Act of 1950.
Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY2014 for research, development, test and evaluation (RDT&E) by the military departments and defense agencies. Appropriates funds for the independent activities of the Director of Operational Test and Evaluation.
Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Working Capital Funds, and (2) National Defense Sealift Fund programs, projects, and activities and for expenses of the National Defense Reserve Fleet.
Title VI: Other Department of Defense Programs - Appropriates funds for: (1) DOD medical and health care programs; (2) the destruction of the U.S. stockpile of lethal chemical agents and munitions and of other chemical warfare materials that are not in such stockpile; (3) drug interdiction and counter-drug activities of DOD; and (4) the Office of the Inspector General.
Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund, and (2) the Intelligence Community Management Account.
Title VIII: General Provisions - Sets forth authorized, restricted, and prohibited uses of authorized funds.
(Sec. 8007) Requires DOD to submit a report to the congressional defense committees to establish the baseline for application of FY2014 reprogramming and transfer authorities.
(Sec. 8010) Allows for the use of procurement funds for multiyear contracts for: (1) the E-2D Advanced Hawkeye; (2) an SSN 774 Virginia class submarine; (3) KC-130J, C-130J, HC-130J, MC-130J, and AC-130J aircraft; (4) ground-based midcourse defense system ground-based interceptors; and (5) government furnished equipment.
(Sec. 8012) Prohibits the management of DOD civilian personnel on the basis of any end-strength during FY2014.
(Sec. 8021) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait.
(Sec. 8023) Prohibits the use of funds to establish a new federally funded research and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY2013 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 of technical effort that may be funded for FFRDCs from FY2013 funds.
(Sec. 8024) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.
(Sec. 8027) Requires the Secretary of Defense to report to Congress on the amount of DOD purchases from foreign entities in FY2014.
(Sec. 8029) Authorizes the Secretary of 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 after such conveyance.
(Sec. 8035) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program and Army agencies established to eliminate, mitigate, or counter the effects of improvised explosive devices or to improve the effectiveness and efficiencies of biometric activities; (3) to convert to contractor performance a function currently performed by DOD civilian employees, unless specific conditions are met; (4) for assistance to the Democratic People's Republic of North Korea, unless specifically appropriated for such purpose; and (5) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.
(Sec. 8040) Rescinds specified funds from various accounts under prior defense appropriations Acts.
(Sec. 8045) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency (CIA) for drug interdiction or counter-drug activities.
(Sec. 8049) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless Congress is given 15 days' advance notice.
(Sec. 8056) Authorizes the DOD Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items, and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.
(Sec. 8057) Prohibits the use of appropriated funds to support any training program involving a unit of the security forces of a foreign country if the Secretary has received credible information that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances and requires a report to the defense committees within 15 days after any such waiver.
(Sec. 8062) Authorizes members of the National Guard serving on full-time duty to support ground-based elements of the National Ballistic Missile Defense System.
(Sec. 8063) Prohibits appropriated funds from being used to transfer specified armor-piercing ammunition to any nongovernmental entity, except an entity performing demilitarization services for DOD.
(Sec. 8064) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain, youth, social, or fraternal nonprofit organizations.
(Sec. 8068) Authorizes the transfer of specified DOD O&M funds to the Global Security Contingency Fund, after congressional notification.
(Sec. 8070) Earmarks specified procurement and RDT&E funds for the Israeli Cooperative Programs (missile defense).
(Sec. 8075) Requires the FY2014 budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.
(Sec. 8076) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.
(Sec. 8077) Appropriates funds to DOD for grants to the United Service Organizations and the Red Cross.
(Sec. 8079) Prohibits funds from being available for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.
(Sec. 8080) Requires reserve members called or ordered to active duty in a national emergency to be notified in writing of their expected mobilization period. Allows the Secretary to waive such requirement in order to respond to a national security emergency or to meet dire operational requirements.
(Sec. 8084) Earmarks specified Navy O&M funds for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute theater security cooperation activities such as humanitarian assistance and for the payment of incremental and personnel costs of training and exercising with foreign security forces.
(Sec. 8087) Requires the Office of the Director of National Intelligence (DNI) to report to the intelligence committees to establish the baseline for application of reprogramming and transfer authorities for FY2014. Prohibits funds provided for the National Intelligence Program (NIP) from being available for reprogramming or transfer until the report is submitted, unless the DNI certifies to such committees that the reprogramming or transfer is necessary as an emergency requirement.
(Sec. 8088) Makes specified Intelligence Community Management Account funds available for transfer by the DNI to other departments and agencies for government-wide information sharing activities.
(Sec. 8090) 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. 8092) Requires DOD to continue to report incremental contingency operations costs for Operations New Dawn and Enduring Freedom on a monthly basis.
(Sec. 8094) Makes O&M funds available for remittances to the Defense Acquisition Workforce Development Fund.
(Sec. 8095) Requires any agency receiving funds appropriated under this Act to post on its public website any report required to be submitted to Congress in this or any other Act, upon the determination by such agency head that it shall serve the national interest. Provides exceptions when posting the report would compromise national security or for reports containing proprietary information.
(Sec. 8096) Provides specific requirements on the use of this Act's funds for any federal contract in excess of $1 million with respect to contractor resolution of claims under title VII of the Civil Rights Act of 1964. Allows the Secretary to waive such requirements to avoid harm to national security.
(Sec. 8097) Prohibits funds from being distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.
(Sec. 8098) Earmarks specified O&M funds for operations of the integrated Captain James A. Lovell Federal Health Care Center in Chicago, Illinois.
(Sec. 8101) Allows DOD funds to 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.
(Sec. 8102) Earmarks specified DOD O&M funds for grants to support critical existing and enduring military installations and missions on Guam. Requires the Secretary to notify the defense committees at least 15 days prior to obligating funds for such purpose.
(Sec. 8107) Prohibits any federal funds from being used to transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who is not a citizen or member of the Armed Forces and who is or was held by DOD on or after June 24, 2009, at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo).
(Sec. 8108) Prohibits any federal funds from being used to transfer any individual detained at Guantanamo to the custody or control of that individual's country of origin or any other foreign country or entity until 30 days after the Secretary certifies to Congress that such country is not a designated state sponsor of terrorism and has agreed to ensure that such individual cannot take action to threaten the United States or its citizens or allies in the future. Prohibits the Secretary from making a transfer to a country or entity if there is a confirmed case of an individual who was detained at Guantanamo any time after September 11, 2001, and transferred to such country or entity subsequently engaging in terrorist activity. Provides an exception to the latter prohibition for specified purposes, requiring 30 days' prior congressional notification.
(Sec. 8109) Prohibits any federal funds from being used to construct, acquire, or modify any facility in the United States or its territories or possessions to house any individual who, as of June 24, 2009, is located at Guantanamo, and who: (1) is not a U.S. citizen or a member of the Armed Forces; and (2) is either in DOD custody or control or otherwise under detention at Guantanamo.
(Sec. 8110) Prohibits the use of funds to enter into a contract with, make a grant to, or provide a loan or loan guarantee to any corporation: (1) against which an unpaid federal tax liability has been assessed, or (2) that was convicted of a felony criminal violation within the preceding 24 months.
(Sec. 8112) Prohibits the use of funds: (1) in contravention of federal criminal laws against human trafficking or the Trafficking Victims Protection Act of 2000, (2) to support any military training or operation that includes child soldiers, (3) in contravention of the War Powers Resolution, or (4) to contract with any person or entity convicted of fraud against the federal government.
(Sec. 8116) Reduces by $437 million the total amount available for FY2014 for the pay of civilian DOD personnel.
(Sec. 8119) Prohibits DOD funds from being used to purchase any equipment from Rosoboronexport until the Secretary certifies to the defense committees that: (1) such company is cooperating fully with the Defense Contract Audit Agency, (2) such company has not delivered S-300 advanced anti-aircraft missiles to Syria, and (3) no new contracts have been signed between such company and the Bashar al Assad regime in Syria since January 1, 2013. Allows the Secretary to waive such prohibition upon certification that it is in the national security interest to do so and requires a waiver report to such committees.
Requires the Secretary to use competitive procedures to award any contract that will use U.S. funds for the procurement of helicopters for the Afghan Security Forces.
(Sec. 8120) Amends the Department of Defense Appropriations Act, 2000 to repeal a required annual report with regard to an Air Force multiyear aircraft lease pilot program.
(Sec. 8121) Prohibits the use of funds: (1) for the purchase or manufacture of U.S. flags unless such flags are treated as covered items under Buy American requirements; (2) in contravention of Uniform Code of Military Justice requirements and procedures concerning actions for certain sex-related offenses; (3) for the direct personal benefit of the President of Afghanistan; or (4) to eliminate or reduce funding for a DOD program, project, or activity for FY2015 until the proposed change is either enacted in an appropriations Act or made pursuant to the reprogramming or transfer provisions of this Act.
(Sec. 8122) Appropriates funds to DOD: (1) to implement the sexual assault special victims program, and (2) for transfer only to military personnel accounts.
Title IX: Overseas Deployments and Other Activities - Appropriates funds for FY2014 for overseas contingency operations directly related to the global war on terrorism, including for: (1) military personnel, (2) O&M, (3) the Overseas Contingency Operations Transfer Fund; (4) the Afghanistan Infrastructure Fund, (5) the Afghanistan Security Forces Fund, (6) procurement, (7) National Guard and reserve equipment, (8) RDT&E, (9) Defense Working Capital Funds, (10) the Defense Health Program, (11) drug interdiction and counter-drug activities, (12) the Joint Improvised Explosive Device Defeat Fund, and (13) the Office of the Inspector General.
(Sec. 9002) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such appropriations for that fiscal year. Requires prompt congressional notification of each transfer.
(Sec. 9004) Authorizes the Secretary to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in Iraq and Afghanistan, with a limit of $75,000 per passenger vehicle and $250,000 per each heavy or light armored vehicle.
(Sec. 9005) Authorizes the use of up to $60 million to fund the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction assistance in Afghanistan).
(Sec. 9006) Allows 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. Requires quarterly reports from the Secretary to the defense committees regarding such support.
(Sec. 9007) Prohibits any funds from being obligated or expended to: (1) establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq or Afghanistan, or (2) exercise U.S. control over any oil resource of Iraq.
(Sec. 9008) Prohibits funds from being used in contravention of specified laws enacted or regulations promulgated to implement 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 Funds from being obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council of DOD.
(Sec. 9011) Earmarks specified Army O&M funds to allow the Task Force for Business and Stability Operations in Afghanistan to carry out strategic business and economic assistance activities in Afghanistan in support of Operation Enduring Freedom. Requires the Secretary, at least 15 days in advance of making funds available for any such project costing $5 million or more, to submit to the defense committees a detailed justification and timeline for the project.
(Sec. 9012) Allows the use of specified O&M funds to support U.S. government transition activities in Iraq by funding operations and activities of the Office of Security Cooperation in Iraq and security assistance teams. Requires 15 days' prior notification from the Secretary to the defense committees with respect to each proposed site.
(Sec. 9013) Rescinds a specified amount from the general provisions, 2009 account.
(Sec. 9014) Prohibits DOD O&M funds from being used for payments to Pakistan as reimbursement for support provided with respect to U.S. military operations unless the Secretary, in coordination with the Secretary of State, certifies to the appropriations committees that the government of Pakistan: (1) is cooperating with the United States in certain counterterrorism efforts, (2) is not supporting terrorist activities against U.S. or coalition forces in Afghanistan, and (3) is dismantling improvised explosive device networks and preventing the proliferation of nuclear-related material and expertise. Authorizes the DOD Secretary to waive such restrictions on a case-by-case basis by certifying to such committees that it is in the U.S. national security interests to do so.
Title X: Additional General Provisions - (Sec. 10001) Declares that the amount by which the allocation of new budget authority made by the House Committee on Appropriations under the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $771.8 million.
(Sec. 10002) Prohibits funds from being used to: (1) cancel or modify the avionics modernization program of record for C-130 aircraft; (2) carry out any action (including conveyance) to remove any portion of the Mount Soledad Veterans Memorial in San Diego, California; (3) grant an enlistment waiver with respect to certain sexual-related offenses; (4) reduce the force structure at Lajes Field, Azores, Portugal, below the number assigned as of October 1, 2012; (5) purchase an American flag certified as a foreign end product; or (6) lease or purchase new light-duty vehicles for any executive or agency fleet, except in accordance with a specified presidential memorandum governing federal fleet performance.
(Sec. 10009) Prohibits funds from being used to contract with any offeror or principal who certifies that the offeror or principal: (1) has been convicted within a three-year period of fraud or certain criminal offenses involving public contracting, records, statements, tax laws, or the receipt of stolen property; (2) is presently indicted or charged with the commission of any such offenses; or (3) has been notified within a three-year period of delinquent federal taxes exceeding $3,000.
(Sec. 10010) Prohibits funds from being used: (1) to engage in an act covered by federal torture provisions; (2) for general or flag officers in excess of the number serving in each military department as of the enactment of this Act; (3) to fund the performance of any DOD flight demonstration team outside the United States; (4) to maintain or improve DOD real property with a 0% utilization rate, except for historic property or to prevent a negative environmental impact; (5) to operate an unmanned aerial system in contravention of the Fourth Amendment to the Constitution; or (6) to contract for the procurement or production of any non-petroleum-based fuel for use as the same purpose or as a drop-in substitute for petroleum.
(Sec. 10016) Prohibits funds from being used to: (1) carry out furloughs for sequestration reasons of DOD civilian employees paid from Working Capital Fund accounts; (2) plan, develop, or construct any new project under the Afghanistan Infrastructure Fund; (3) purchase alternative fuel in contravention of federal alternative fuel procurement requirements; (4) train the Afghan National Security Forces Special Mission Wing to operate or maintain Mi-17 helicopters; (5) assign certain GED or other graduates a lower enlistment priority than traditional high school diploma graduates; (6) conduct an environmental impact study of intercontinental ballistic missiles (ICBMs) or the facilities in which they are located; (7) pay the salary of an individual appointed during a Senate recess; (8) carry out a furlough of a dual-status military technician; or (9) carry out U.S. nuclear force reductions to implement the NEW Start Treaty.
(Sec. 10027) Prohibits funds from being used to: (1) reduce U.S. strategic delivery systems in contravention of disarmament policy requirements of the Arms Control and Disarmament Act; (2) implement an enrollment fee for the TRICARE for Life program; (3) pay any fine assessed against a military installation by the California Air Resources Board; (4) transfer or release to the Republic of Yemen a detainee who is or was held in DOD custody at Guantanamo on or after June 24, 2009; or (5) retire, divest, or transfer C-23 aircraft assigned to the Army.
(Sec. 10030) Reduces by $3.546 billion the total amount of appropriations made available by title IX.
(Sec. 10033) Prohibits funds from being used by DOD to: (1) implement or execute any agreement with the Russian Federation pertaining to missile defense other than a treaty, or (2) provide the Russian Federation with any classified or unclassified information about U.S. ballistic missile defense systems.
(Sec. 10034) Prohibits the use of funds: (1) for Syria in contravention of the War Powers Resolution, including for the introduction of U.S. forces into hostilities in Syria in contravention of congressional consultation and reporting requirements; (2) to fund military operations in Egypt or individuals, groups, or organizations engaged in paramilitary activity in Egypt; or (3) to issue a civilian DOD employee a denial of a security clearance that lists as a reason of denial financial hardships because of a furlough caused by sequestration.
(Sec. 10037) Prohibits funds from being used by the National Security Agency (NSA) to: (1) conduct a surveillance acquisition pursuant to the Foreign Intelligence Surveillance Act of 1978 in order to target a U.S. person; or (2) acquire, monitor, or store, pursuant to such Act, the contents of any electronic communication of a U.S. person from a public provider of electronic communication services.