Text of US HB 4016 (2025)
Department of Defense Appropriations Act, 2026
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As introduced
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Union Calendar No. 129
119TH CONGRESS
1ST SESSION H. R. 4016
[Report No. 119–162]
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2026, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 16, 2025
Mr. CALVERT, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
A BILL
Making appropriations for the Department of Defense for
the fiscal year ending September 30, 2026, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
That the following sums are appropriated, out of any
3
money in the Treasury not otherwise appropriated, for the
4
Department of Defense for the fiscal year ending Sep-
5
tember 30, 2026, and for other purposes, namely:
6
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TITLE I
1
MILITARY PERSONNEL
2
MILITARY PERSONNEL, ARMY
3
For pay, allowances, individual clothing, subsistence,
4
interest on deposits, gratuities, permanent change of sta-
5
tion travel (including all expenses thereof for organiza-
6
tional movements), and expenses of temporary duty travel
7
between permanent duty stations, for members of the
8
Army on active duty (except members of reserve compo-
9
nents provided for elsewhere), cadets, and aviation cadets;
10
for members of the Reserve Officers’ Training Corps; and
11
for payments pursuant to section 156 of Public Law 97–
12
377, and to the Department of Defense Military Retire-
13
ment Fund, $52,502,044,000.
14
MILITARY PERSONNEL, NAVY
15
For pay, allowances, individual clothing, subsistence,
16
interest on deposits, gratuities, permanent change of sta-
17
tion travel (including all expenses thereof for organiza-
18
tional movements), and expenses of temporary duty travel
19
between permanent duty stations, for members of the
20
Navy on active duty (except members of the Reserve pro-
21
vided for elsewhere), midshipmen, and aviation cadets; for
22
members of the Reserve Officers’ Training Corps; and for
23
payments pursuant to section 156 of Public Law 97–377,
24
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and to the Department of Defense Military Retirement
1
Fund, $40,053,124,000.
2
MILITARY PERSONNEL, MARINE CORPS
3
For pay, allowances, individual clothing, subsistence,
4
interest on deposits, gratuities, permanent change of sta-
5
tion travel (including all expenses thereof for organiza-
6
tional movements), and expenses of temporary duty travel
7
between permanent duty stations, for members of the Ma-
8
rine Corps on active duty (except members of the Reserve
9
provided for elsewhere); and for payments pursuant to sec-
10
tion 156 of Public Law 97–377, and to the Department
11
of Defense Military Retirement Fund, $16,631,053,000.
12
MILITARY PERSONNEL, AIR FORCE
13
For pay, allowances, individual clothing, subsistence,
14
interest on deposits, gratuities, permanent change of sta-
15
tion travel (including all expenses thereof for organiza-
16
tional movements), and expenses of temporary duty travel
17
between permanent duty stations, for members of the Air
18
Force on active duty (except members of reserve compo-
19
nents provided for elsewhere), cadets, and aviation cadets;
20
for members of the Reserve Officers’ Training Corps; and
21
for payments pursuant to section 156 of Public Law 97–
22
377, and to the Department of Defense Military Retire-
23
ment Fund, $38,141,269,000.
24
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MILITARY PERSONNEL, SPACE FORCE
1
For pay, allowances, individual clothing, subsistence,
2
interest on deposits, gratuities, permanent change of sta-
3
tion travel (including all expenses thereof for organiza-
4
tional movements), and expenses of temporary duty travel
5
between permanent duty stations, for members of the
6
Space Force on active duty and cadets; for members of
7
the Reserve Officers’ Training Corps; and for payments
8
pursuant to section 156 of Public Law 97–377, and to
9
the Department of Defense Military Retirement Fund,
10
$1,349,349,000.
11
RESERVE PERSONNEL, ARMY
12
For pay, allowances, clothing, subsistence, gratuities,
13
travel, and related expenses for personnel of the Army Re-
14
serve on active duty under sections 10211, 10302, and
15
7038 of title 10, United States Code, or while serving on
16
active duty under section 12301(d) of title 10, United
17
States Code, in connection with performing duty specified
18
in section 12310(a) of title 10, United States Code, or
19
while undergoing reserve training, or while performing
20
drills or equivalent duty or other duty, and expenses au-
21
thorized by section 16131 of title 10, United States Code;
22
and for payments to the Department of Defense Military
23
Retirement Fund, $5,672,023,000.
24
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RESERVE PERSONNEL, NAVY
1
For pay, allowances, clothing, subsistence, gratuities,
2
travel, and related expenses for personnel of the Navy Re-
3
serve on active duty under section 10211 of title 10,
4
United States Code, or while serving on active duty under
5
section 12301(d) of title 10, United States Code, in con-
6
nection with performing duty specified in section 12310(a)
7
of title 10, United States Code, or while undergoing re-
8
serve training, or while performing drills or equivalent
9
duty, and expenses authorized by section 16131 of title
10
10, United States Code; and for payments to the Depart-
11
ment
of
Defense
Military
Retirement
Fund,
12
$2,672,520,000.
13
RESERVE PERSONNEL, MARINE CORPS
14
For pay, allowances, clothing, subsistence, gratuities,
15
travel, and related expenses for personnel of the Marine
16
Corps Reserve on active duty under section 10211 of title
17
10, United States Code, or while serving on active duty
18
under section 12301(d) of title 10, United States Code,
19
in connection with performing duty specified in section
20
12310(a) of title 10, United States Code, or while under-
21
going reserve training, or while performing drills or equiv-
22
alent duty, and for members of the Marine Corps platoon
23
leaders class, and expenses authorized by section 16131
24
of title 10, United States Code; and for payments to the
25
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Department of Defense Military Retirement Fund,
1
$965,831,000.
2
RESERVE PERSONNEL, AIR FORCE
3
For pay, allowances, clothing, subsistence, gratuities,
4
travel, and related expenses for personnel of the Air Force
5
Reserve on active duty under sections 10211, 10305, and
6
9038 of title 10, United States Code, or while serving on
7
active duty under section 12301(d) of title 10, United
8
States Code, in connection with performing duty specified
9
in section 12310(a) of title 10, United States Code, or
10
while undergoing reserve training, or while performing
11
drills or equivalent duty or other duty, and expenses au-
12
thorized by section 16131 of title 10, United States Code;
13
and for payments to the Department of Defense Military
14
Retirement Fund, $2,625,741,000.
15
NATIONAL GUARD PERSONNEL, ARMY
16
For pay, allowances, clothing, subsistence, gratuities,
17
travel, and related expenses for personnel of the Army Na-
18
tional Guard while on duty under sections 10211, 10302,
19
or 12402 of title 10 or section 708 of title 32, United
20
States Code, or while serving on duty under section
21
12301(d) of title 10 or section 502(f) of title 32, United
22
States Code, in connection with performing duty specified
23
in section 12310(a) of title 10, United States Code, or
24
while undergoing training, or while performing drills or
25
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•HR 4016 RH
equivalent duty or other duty, and expenses authorized by
1
section 16131 of title 10, United States Code; and for pay-
2
ments to the Department of Defense Military Retirement
3
Fund, $10,206,305,000.
4
NATIONAL GUARD PERSONNEL, AIR FORCE
5
For pay, allowances, clothing, subsistence, gratuities,
6
travel, and related expenses for personnel of the Air Na-
7
tional Guard on duty under sections 10211, 10305, or
8
12402 of title 10 or section 708 of title 32, United States
9
Code, or while serving on duty under section 12301(d) of
10
title 10 or section 502(f) of title 32, United States Code,
11
in connection with performing duty specified in section
12
12310(a) of title 10, United States Code, or while under-
13
going training, or while performing drills or equivalent
14
duty or other duty, and expenses authorized by section
15
16131 of title 10, United States Code; and for payments
16
to the Department of Defense Military Retirement Fund,
17
$5,351,895,000.
18
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TITLE II
1
OPERATION AND MAINTENANCE
2
OPERATION AND MAINTENANCE, ARMY
3
For expenses, not otherwise provided for, necessary
4
for the operation and maintenance of the Army, as author-
5
ized by law, $55,683,266,000: Provided, That not to ex-
6
ceed $12,478,000 may be used for emergencies and ex-
7
traordinary expenses, to be expended upon the approval
8
or authority of the Secretary of the Army, and payments
9
may be made upon the Secretary’s certificate of necessity
10
for confidential military purposes.
11
OPERATION AND MAINTENANCE, NAVY
12
For expenses, not otherwise provided for, necessary
13
for the operation and maintenance of the Navy and the
14
Marine Corps, as authorized by law, $71,739,379,000:
15
Provided, That not to exceed $15,055,000 may be used
16
for emergencies and extraordinary expenses, to be ex-
17
pended upon the approval or authority of the Secretary
18
of the Navy, and payments may be made upon the Sec-
19
retary’s certificate of necessity for confidential military
20
purposes.
21
OPERATION AND MAINTENANCE, MARINE CORPS
22
For expenses, not otherwise provided for, necessary
23
for the operation and maintenance of the Marine Corps,
24
as authorized by law, $9,937,283,000.
25
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OPERATION AND MAINTENANCE, AIR FORCE
1
For expenses, not otherwise provided for, necessary
2
for the operation and maintenance of the Air Force, as
3
authorized by law, $61,628,846,000: Provided, That not
4
to exceed $8,238,000 may be used for emergencies and
5
extraordinary expenses, to be expended upon the approval
6
or authority of the Secretary of the Air Force, and pay-
7
ments may be made upon the Secretary’s certificate of ne-
8
cessity for confidential military purposes.
9
OPERATION AND MAINTENANCE, SPACE FORCE
10
For expenses, not otherwise provided for, necessary
11
for the operation and maintenance of the Space Force, as
12
authorized by law, $4,859,883,000.
13
OPERATION AND MAINTENANCE, DEFENSE-WIDE
14
(INCLUDING TRANSFER OF FUNDS)
15
For expenses, not otherwise provided for, necessary
16
for the operation and maintenance of activities and agen-
17
cies of the Department of Defense (other than the military
18
departments), as authorized by law, $53,498,039,000:
19
Provided, That not more than $2,981,000 may be used
20
for the Combatant Commander Initiative Fund authorized
21
under section 166a of title 10, United States Code: Pro-
22
vided further, That not to exceed $36,000,000 may be
23
used for emergencies and extraordinary expenses, to be ex-
24
pended upon the approval or authority of the Secretary
25
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•HR 4016 RH
of Defense, and payments may be made upon the Sec-
1
retary’s certificate of necessity for confidential military
2
purposes: Provided further, That of the funds provided
3
under this heading, not less than $70,000,000 shall be
4
made available for APEX Accelerators, of which not less
5
than $5,000,000 shall be available for centers with eligible
6
entities defined in 10 U.S.C. 4951(1)(D): Provided fur-
7
ther, That none of the funds appropriated or otherwise
8
made available by this Act may be used to plan or imple-
9
ment the consolidation or elimination of a budget or ap-
10
propriations liaison office of the Office of the Secretary
11
of Defense, the office of the Secretary of a military depart-
12
ment, or the service headquarters of one of the Armed
13
Forces into a legislative affairs or legislative liaison office:
14
Provided further, That of the funds provided under this
15
heading, $3,000,000, to remain available until September
16
30, 2027, shall be available only for expenses relating to
17
certain classified activities: Provided further, That of the
18
funds provided under this heading, $500,000,000, to re-
19
main available until September 30, 2027, shall be avail-
20
able only to conduct risk reduction and modification of
21
National Security Systems: Provided further, That the
22
amounts provided in the previous proviso may be trans-
23
ferred to accounts under the headings ‘‘Operation and
24
Maintenance’’, ‘‘Procurement’’, and ‘‘Research, Develop-
25
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•HR 4016 RH
ment, Test and Evaluation’’: Provided further, That funds
1
transferred pursuant to the preceding proviso shall be
2
merged with and available for the same purpose and for
3
the same period as the appropriations to which the funds
4
are transferred: Provided further, That any transfer au-
5
thority provided in the preceding proviso is in addition to
6
any other transfer authority provided by law: Provided fur-
7
ther, That of the funds provided under this heading, not
8
less than $86,500,000 shall be made available for fourth
9
estate network optimization and transition costs: Provided
10
further, That of the funds provided under this heading,
11
$27,693,000, to remain available until expended, shall be
12
available only for expenses relating to certain classified ac-
13
tivities, and may be transferred as necessary by the Sec-
14
retary of Defense to operation and maintenance appro-
15
priations or research, development, test and evaluation ap-
16
propriations, to be merged with and to be available for
17
the same time period as the appropriations to which trans-
18
ferred: Provided further, That any ceiling on the invest-
19
ment item unit cost of items that may be purchased with
20
operation and maintenance funds not apply to the funds
21
described in the preceding proviso: Provided further, That
22
of the funds provided under this heading, $2,371,949,000,
23
of which $1,274,174,000, to remain available until Sep-
24
tember 30, 2027, shall be available to provide support and
25
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•HR 4016 RH
assistance to foreign security forces or other groups or in-
1
dividuals to conduct, support or facilitate counterter-
2
rorism, crisis response, or other Department of Defense
3
security cooperation programs: Provided further, That the
4
Secretary of Defense shall provide quarterly reports to the
5
Committees on Appropriations of the House of Represent-
6
atives and the Senate on the use and status of funds made
7
available in this paragraph: Provided further, That the
8
transfer authority provided under this heading is in addi-
9
tion to any other transfer authority provided elsewhere in
10
this Act.
11
COUNTER-ISIS TRAIN AND EQUIP FUND
12
For the ‘‘Counter-Islamic State of Iraq and Syria
13
Train and Equip Fund’’, $357,516,000, to remain avail-
14
able until September 30, 2027: Provided, That such funds
15
shall be available to the Secretary of Defense in coordina-
16
tion with the Secretary of State, to provide assistance, in-
17
cluding training; equipment; logistics support, supplies,
18
and services; stipends; infrastructure repair and renova-
19
tion; construction for facility fortification and humane
20
treatment; and sustainment, to foreign security forces, ir-
21
regular forces, groups, or individuals participating, or pre-
22
paring to participate in activities to counter the Islamic
23
State of Iraq and Syria, and their affiliated or associated
24
groups: Provided further, That amounts made available
25
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•HR 4016 RH
under this heading shall be available to provide assistance
1
only for activities in a country designated by the Secretary
2
of Defense, in coordination with the Secretary of State,
3
as having a security mission to counter the Islamic State
4
of Iraq and Syria, and following written notification to the
5
congressional defense committees of such designation:
6
Provided further, That the Secretary of Defense shall en-
7
sure that prior to providing assistance to elements of any
8
forces or individuals, such elements or individuals are ap-
9
propriately vetted, including at a minimum, assessing such
10
elements for associations with terrorist groups or groups
11
associated with the Government of Iran; and receiving
12
commitments from such elements to promote respect for
13
human rights and the rule of law: Provided further, That
14
the Secretary of Defense shall, not fewer than 15 days
15
prior to obligating from this appropriation account, notify
16
the congressional defense committees in writing of the de-
17
tails of any such obligation: Provided further, That the
18
Secretary of Defense may accept and retain contributions,
19
including assistance in-kind, from foreign governments,
20
including the Government of Iraq and other entities, to
21
carry out assistance authorized under this heading: Pro-
22
vided further, That contributions of funds for the purposes
23
provided herein from any foreign government or other en-
24
tity may be credited to this Fund, to remain available until
25
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•HR 4016 RH
expended, and used for such purposes: Provided further,
1
That the Secretary of Defense shall prioritize such con-
2
tributions when providing any assistance for construction
3
for facility fortification: Provided further, That the Sec-
4
retary of Defense may waive a provision of law relating
5
to the acquisition of items and support services or sections
6
40 and 40A of the Arms Export Control Act (22 U.S.C.
7
2780 and 2785) if the Secretary determines that such pro-
8
vision of law would prohibit, restrict, delay or otherwise
9
limit the provision of such assistance and a notice of and
10
justification for such waiver is submitted to the congres-
11
sional defense committees, the Committee on Foreign Af-
12
fairs of the House of Representatives, and the Committee
13
on Foreign Relations of the Senate: Provided further, That
14
the United States may accept equipment procured using
15
funds provided under this heading that was transferred
16
to security forces, irregular forces, or groups participating,
17
or preparing to participate in activities to counter the Is-
18
lamic State of Iraq and Syria and returned by such forces
19
or groups to the United States, and such equipment may
20
be treated as stocks of the Department of Defense upon
21
written notification to the congressional defense commit-
22
tees: Provided further, That equipment procured using
23
funds provided under this heading, or under the heading,
24
‘‘Iraq Train and Equip Fund’’ in prior Acts, and not yet
25
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•HR 4016 RH
transferred to security forces, irregular forces, or groups
1
participating, or preparing to participate in activities to
2
counter the Islamic State of Iraq and Syria may be treated
3
as stocks of the Department of Defense when determined
4
by the Secretary to no longer be required for transfer to
5
such forces or groups and upon written notification to the
6
congressional defense committees: Provided further, That
7
stipend support for the Kurdish Peshmerga may only be
8
reduced commensurate with support provided from other
9
sources, including Iraqi national funds: Provided further,
10
That none of the funds made available under this heading
11
may be used to procure or transfer man-portable air de-
12
fense systems: Provided further, That the Secretary of De-
13
fense shall provide quarterly reports to the congressional
14
defense committees on the use of funds provided under
15
this heading, including, but not limited to, the number of
16
individuals trained, the nature and scope of support and
17
sustainment provided to each group or individual, the area
18
of operations for each group, and the contributions of
19
other countries, groups, or individuals.
20
OPERATION AND MAINTENANCE, ARMY RESERVE
21
For expenses, not otherwise provided for, necessary
22
for the operation and maintenance, including training, or-
23
ganization, and administration, of the Army Reserve; re-
24
pair of facilities and equipment; hire of passenger motor
25
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•HR 4016 RH
vehicles; travel and transportation; care of the dead; re-
1
cruiting; procurement of services, supplies, and equip-
2
ment; and communications, $3,169,603,000.
3
OPERATION AND MAINTENANCE, NAVY RESERVE
4
For expenses, not otherwise provided for, necessary
5
for the operation and maintenance, including training, or-
6
ganization, and administration, of the Navy Reserve; re-
7
pair of facilities and equipment; hire of passenger motor
8
vehicles; travel and transportation; care of the dead; re-
9
cruiting; procurement of services, supplies, and equip-
10
ment; and communications, $1,291,205,000.
11
OPERATION AND MAINTENANCE, MARINE CORPS
12
RESERVE
13
For expenses, not otherwise provided for, necessary
14
for the operation and maintenance, including training, or-
15
ganization, and administration, of the Marine Corps Re-
16
serve; repair of facilities and equipment; hire of passenger
17
motor vehicles; travel and transportation; care of the dead;
18
recruiting; procurement of services, supplies, and equip-
19
ment; and communications, $330,276,000.
20
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
21
For expenses, not otherwise provided for, necessary
22
for the operation and maintenance, including training, or-
23
ganization, and administration, of the Air Force Reserve;
24
repair of facilities and equipment; hire of passenger motor
25
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•HR 4016 RH
vehicles; travel and transportation; care of the dead; re-
1
cruiting; procurement of services, supplies, and equip-
2
ment; and communications, $3,906,202,000.
3
OPERATION AND MAINTENANCE, ARMY NATIONAL
4
GUARD
5
For expenses of training, organizing, and admin-
6
istering the Army National Guard, including medical and
7
hospital treatment and related expenses in non-Federal
8
hospitals; maintenance, operation, and repairs to struc-
9
tures and facilities; hire of passenger motor vehicles; per-
10
sonnel services in the National Guard Bureau; travel ex-
11
penses (other than mileage), as authorized by law for
12
Army personnel on active duty, for Army National Guard
13
division, regimental, and battalion commanders while in-
14
specting units in compliance with National Guard Bureau
15
regulations when specifically authorized by the Chief, Na-
16
tional Guard Bureau; supplying and equipping the Army
17
National Guard as authorized by law; and expenses of re-
18
pair, modification, maintenance, and issue of supplies and
19
equipment (including aircraft), $8,209,300,000.
20
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
21
For expenses of training, organizing, and admin-
22
istering the Air National Guard, including medical and
23
hospital treatment and related expenses in non-Federal
24
hospitals; maintenance, operation, and repairs to struc-
25
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•HR 4016 RH
tures and facilities; transportation of things, hire of pas-
1
senger motor vehicles; supplying and equipping the Air
2
National Guard, as authorized by law; expenses for repair,
3
modification, maintenance, and issue of supplies and
4
equipment, including those furnished from stocks under
5
the control of agencies of the Department of Defense;
6
travel expenses (other than mileage) on the same basis as
7
authorized by law for Air National Guard personnel on
8
active Federal duty, for Air National Guard commanders
9
while inspecting units in compliance with National Guard
10
Bureau regulations when specifically authorized by the
11
Chief, National Guard Bureau, $7,152,065,000.
12
UNITED STATES COURT OF APPEALS FOR THE ARMED
13
FORCES
14
For salaries and expenses necessary for the United
15
States Court of Appeals for the Armed Forces,
16
$21,243,000, of which not to exceed $10,000 may be used
17
for official representation purposes.
18
ENVIRONMENTAL RESTORATION, ARMY
19
(INCLUDING TRANSFER OF FUNDS)
20
For the Department of the Army, $148,070,000, to
21
remain available until transferred: Provided, That the Sec-
22
retary of the Army shall, upon determining that such
23
funds are required for environmental restoration, reduc-
24
tion and recycling of hazardous waste, removal of unsafe
25
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•HR 4016 RH
buildings and debris of the Department of the Army, or
1
for similar purposes, transfer the funds made available by
2
this appropriation to other appropriations made available
3
to the Department of the Army, to be merged with and
4
to be available for the same purposes and for the same
5
time period as the appropriations to which transferred:
6
Provided further, That upon a determination that all or
7
part of the funds transferred from this appropriation are
8
not necessary for the purposes provided herein, such
9
amounts may be transferred back to this appropriation,
10
to be merged with and to be available for the same pur-
11
poses and for the same time period as this appropriation:
12
Provided further, That amounts transferred back under
13
the preceding proviso, and amounts credited to appropria-
14
tions made under this heading pursuant to section 2703(e)
15
of title 10, United States Code, are available until trans-
16
ferred under conditions set forth in the preceding provisos:
17
Provided further, That the transfer authority provided
18
under this heading is in addition to any other transfer au-
19
thority provided elsewhere in this Act.
20
ENVIRONMENTAL RESTORATION, NAVY
21
(INCLUDING TRANSFER OF FUNDS)
22
For the Department of the Navy, $357,949,000, to
23
remain available until transferred: Provided, That the Sec-
24
retary of the Navy shall, upon determining that such
25
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funds are required for environmental restoration, reduc-
1
tion and recycling of hazardous waste, removal of unsafe
2
buildings and debris of the Department of the Navy, or
3
for similar purposes, transfer the funds made available by
4
this appropriation to other appropriations made available
5
to the Department of the Navy, to be merged with and
6
to be available for the same purposes and for the same
7
time period as the appropriations to which transferred:
8
Provided further, That upon a determination that all or
9
part of the funds transferred from this appropriation are
10
not necessary for the purposes provided herein, such
11
amounts may be transferred back to this appropriation,
12
to be merged with and to be available for the same pur-
13
poses and for the same time period as this appropriation:
14
Provided further, That amounts transferred back under
15
the preceding proviso, and amounts credited to appropria-
16
tions made under this heading pursuant to section 2703(e)
17
of title 10, United States Code, are available until trans-
18
ferred under conditions set forth in the preceding provisos:
19
Provided further, That the transfer authority provided
20
under this heading is in addition to any other transfer au-
21
thority provided elsewhere in this Act.
22
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ENVIRONMENTAL RESTORATION, AIR FORCE
1
(INCLUDING TRANSFER OF FUNDS)
2
For the Department of the Air Force, $342,149,000,
3
to remain available until transferred: Provided, That the
4
Secretary of the Air Force shall, upon determining that
5
such funds are required for environmental restoration, re-
6
duction and recycling of hazardous waste, removal of un-
7
safe buildings and debris of the Department of the Air
8
Force, or for similar purposes, transfer the funds made
9
available by this appropriation to other appropriations
10
made available to the Department of the Air Force, to be
11
merged with and to be available for the same purposes
12
and for the same time period as the appropriations to
13
which transferred: Provided further, That upon a deter-
14
mination that all or part of the funds transferred from
15
this appropriation are not necessary for the purposes pro-
16
vided herein, such amounts may be transferred back to
17
this appropriation, to be merged with and to be available
18
for the same purposes and for the same time period as
19
this appropriation: Provided further, That amounts trans-
20
ferred back under the preceding proviso, and amounts
21
credited to appropriations made under this heading pursu-
22
ant to section 2703(e) of title 10, United States Code, are
23
available until transferred under conditions set forth in
24
the preceding provisos: Provided further, That the transfer
25
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authority provided under this heading is in addition to any
1
other transfer authority provided elsewhere in this Act.
2
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
3
(INCLUDING TRANSFER OF FUNDS)
4
For the Department of Defense, $8,885,000, to re-
5
main available until transferred: Provided, That the Sec-
6
retary of Defense shall, upon determining that such funds
7
are required for environmental restoration, reduction and
8
recycling of hazardous waste, removal of unsafe buildings
9
and debris of the Department of Defense, or for similar
10
purposes, transfer the funds made available by this appro-
11
priation to other appropriations made available to the De-
12
partment of Defense, to be merged with and to be avail-
13
able for the same purposes and for the same time period
14
as the appropriations to which transferred: Provided fur-
15
ther, That upon a determination that all or part of the
16
funds transferred from this appropriation are not nec-
17
essary for the purposes provided herein, such amounts
18
may be transferred back to this appropriation, to be
19
merged with and to be available for the same purposes
20
and for the same time period as this appropriation: Pro-
21
vided further, That amounts transferred back under the
22
preceding proviso, and amounts credited to appropriations
23
made under this heading pursuant to section 2703(e) of
24
title 10, United States Code, are available until trans-
25
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•HR 4016 RH
ferred under conditions set forth in the preceding provisos:
1
Provided further, That the transfer authority provided
2
under this heading is in addition to any other transfer au-
3
thority provided elsewhere in this Act.
4
ENVIRONMENTAL RESTORATION, FORMERLY USED
5
DEFENSE SITES
6
(INCLUDING TRANSFER OF FUNDS)
7
For the Department of the Army, $235,156,000, to
8
remain available until transferred: Provided, That the Sec-
9
retary of the Army shall, upon determining that such
10
funds are required for environmental restoration, reduc-
11
tion and recycling of hazardous waste, removal of unsafe
12
buildings and debris at sites formerly used by the Depart-
13
ment of Defense, transfer the funds made available by this
14
appropriation to other appropriations made available to
15
the Department of the Army, to be merged with and to
16
be available for the same purposes and for the same time
17
period as the appropriations to which transferred: Pro-
18
vided further, That upon a determination that all or part
19
of the funds transferred from this appropriation are not
20
necessary for the purposes provided herein, such amounts
21
may be transferred back to this appropriation, to be
22
merged with and to be available for the same purposes
23
and for the same time period as this appropriation: Pro-
24
vided further, That amounts transferred back under the
25
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•HR 4016 RH
preceding proviso, and amounts credited to appropriations
1
made under this heading pursuant to section 2703(e) of
2
title 10, United States Code, are available until trans-
3
ferred under conditions set forth in the preceding provisos:
4
Provided further, That the transfer authority provided
5
under this heading is in addition to any other transfer au-
6
thority provided elsewhere in this Act.
7
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
8
For expenses relating to the Overseas Humanitarian,
9
Disaster, and Civic Aid programs of the Department of
10
Defense (consisting of the programs provided under sec-
11
tions 401, 402, 404, 407, 2557, and 2561 of title 10,
12
United States Code), $117,988,000, to remain available
13
until September 30, 2027.
14
COOPERATIVE THREAT REDUCTION ACCOUNT
15
For assistance, including assistance provided by con-
16
tract or by grants, under programs and activities of the
17
Department of Defense Cooperative Threat Reduction
18
Program authorized under the Department of Defense Co-
19
operative Threat Reduction Act, $282,830,000, to remain
20
available until September 30, 2028.
21
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
22
DEVELOPMENT ACCOUNT
23
For the Department of Defense Acquisition Work-
24
force Development Account, $61,776,000: Provided, That
25
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no other amounts may be otherwise credited or transferred
1
to the Account, or deposited into the Account, in fiscal
2
year 2026 pursuant to section 1705(d) of title 10, United
3
States Code.
4
TITLE III
5
PROCUREMENT
6
AIRCRAFT PROCUREMENT, ARMY
7
For construction, procurement, production, modifica-
8
tion, and modernization of aircraft, equipment, including
9
ordnance, ground handling equipment, spare parts, and
10
accessories therefor; specialized equipment and training
11
devices; expansion of public and private plants, including
12
the land necessary therefor, for the foregoing purposes,
13
and such lands and interests therein, may be acquired,
14
and construction prosecuted thereon prior to approval of
15
title; and procurement and installation of equipment, ap-
16
pliances, and machine tools in public and private plants;
17
reserve plant and Government and contractor-owned
18
equipment layaway; and other expenses necessary for the
19
foregoing purposes, $2,980,039,000, to remain available
20
for obligation until September 30, 2028.
21
MISSILE PROCUREMENT, ARMY
22
For construction, procurement, production, modifica-
23
tion, and modernization of missiles, equipment, including
24
ordnance, ground handling equipment, spare parts, and
25
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•HR 4016 RH
accessories therefor; specialized equipment and training
1
devices; expansion of public and private plants, including
2
the land necessary therefor, for the foregoing purposes,
3
and such lands and interests therein, may be acquired,
4
and construction prosecuted thereon prior to approval of
5
title; and procurement and installation of equipment, ap-
6
pliances, and machine tools in public and private plants;
7
reserve plant and Government and contractor-owned
8
equipment layaway; and other expenses necessary for the
9
foregoing purposes, $6,667,478,000, to remain available
10
for obligation until September 30, 2028.
11
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
12
VEHICLES, ARMY
13
For construction, procurement, production, and
14
modification of weapons and tracked combat vehicles,
15
equipment, including ordnance, spare parts, and acces-
16
sories therefor; specialized equipment and training devices;
17
expansion of public and private plants, including the land
18
necessary therefor, for the foregoing purposes, and such
19
lands and interests therein, may be acquired, and con-
20
struction prosecuted thereon prior to approval of title; and
21
procurement and installation of equipment, appliances,
22
and machine tools in public and private plants; reserve
23
plant and Government and contractor-owned equipment
24
layaway; and other expenses necessary for the foregoing
25
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27
•HR 4016 RH
purposes, $3,254,797,000, to remain available for obliga-
1
tion until September 30, 2028.
2
PROCUREMENT OF AMMUNITION, ARMY
3
For construction, procurement, production, and
4
modification of ammunition, and accessories therefor; spe-
5
cialized equipment and training devices; expansion of pub-
6
lic and private plants, including ammunition facilities, au-
7
thorized by section 2854 of title 10, United States Code,
8
and the land necessary therefor, for the foregoing pur-
9
poses, and such lands and interests therein, may be ac-
10
quired, and construction prosecuted thereon prior to ap-
11
proval of title; and procurement and installation of equip-
12
ment, appliances, and machine tools in public and private
13
plants; reserve plant and Government and contractor-
14
owned equipment layaway; and other expenses necessary
15
for the foregoing purposes, $2,877,887,000, to remain
16
available for obligation until September 30, 2028.
17
OTHER PROCUREMENT, ARMY
18
For construction, procurement, production, and
19
modification of vehicles, including tactical, support, and
20
non-tracked combat vehicles; the purchase of passenger
21
motor vehicles for replacement only; communications and
22
electronic equipment; other support equipment; spare
23
parts, ordnance, and accessories therefor; specialized
24
equipment and training devices; expansion of public and
25
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•HR 4016 RH
private plants, including the land necessary therefor, for
1
the foregoing purposes, and such lands and interests
2
therein, may be acquired, and construction prosecuted
3
thereon prior to approval of title; and procurement and
4
installation of equipment, appliances, and machine tools
5
in public and private plants; reserve plant and Govern-
6
ment and contractor-owned equipment layaway; and other
7
expenses
necessary
for
the
foregoing
purposes,
8
$7,676,155,000, to remain available for obligation until
9
September 30, 2028.
10
AIRCRAFT PROCUREMENT, NAVY
11
For construction, procurement, production, modifica-
12
tion, and modernization of aircraft, equipment, including
13
ordnance, spare parts, and accessories therefor; specialized
14
equipment; expansion of public and private plants, includ-
15
ing the land necessary therefor, and such lands and inter-
16
ests therein, may be acquired, and construction prosecuted
17
thereon prior to approval of title; and procurement and
18
installation of equipment, appliances, and machine tools
19
in public and private plants; reserve plant and Govern-
20
ment
and
contractor-owned
equipment
layaway,
21
$17,989,351,000, to remain available for obligation until
22
September 30, 2028.
23
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•HR 4016 RH
WEAPONS PROCUREMENT, NAVY
1
For construction, procurement, production, modifica-
2
tion, and modernization of missiles, torpedoes, other weap-
3
ons, and related support equipment including spare parts,
4
and accessories therefor; expansion of public and private
5
plants, including the land necessary therefor, and such
6
lands and interests therein, may be acquired, and con-
7
struction prosecuted thereon prior to approval of title; and
8
procurement and installation of equipment, appliances,
9
and machine tools in public and private plants; reserve
10
plant and Government and contractor-owned equipment
11
layaway, $7,374,268,000, to remain available for obliga-
12
tion until September 30, 2028.
13
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
14
CORPS
15
For construction, procurement, production, and
16
modification of ammunition, and accessories therefor; spe-
17
cialized equipment and training devices; expansion of pub-
18
lic and private plants, including ammunition facilities, au-
19
thorized by section 2854 of title 10, United States Code,
20
and the land necessary therefor, for the foregoing pur-
21
poses, and such lands and interests therein, may be ac-
22
quired, and construction prosecuted thereon prior to ap-
23
proval of title; and procurement and installation of equip-
24
ment, appliances, and machine tools in public and private
25
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•HR 4016 RH
plants; reserve plant and Government and contractor-
1
owned equipment layaway; and other expenses necessary
2
for the foregoing purposes, $1,104,072,000, to remain
3
available for obligation until September 30, 2028.
4
SHIPBUILDING AND CONVERSION, NAVY
5
For expenses necessary for the construction, acquisi-
6
tion, or conversion of vessels as authorized by law, includ-
7
ing armor and armament thereof, plant equipment, appli-
8
ances, and machine tools and installation thereof in public
9
and private plants; reserve plant and Government and con-
10
tractor-owned equipment layaway; procurement of critical,
11
long lead time components and designs for vessels to be
12
constructed or converted in the future; and expansion of
13
public and private plants, including land necessary there-
14
for, and such lands and interests therein, may be acquired,
15
and construction prosecuted thereon prior to approval of
16
title, as follows:
17
Columbia Class Submarine, $5,274,513,000;
18
Columbia
Class
Submarine
(AP),
19
$5,215,766,000;
20
Carrier
Replacement
Program
(CVN–80),
21
$1,658,738,000;
22
Carrier
Replacement
Program
(CVN–81),
23
$1,622,935,000;
24
Virginia Class Submarine, $6,238,305,000;
25
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•HR 4016 RH
Virginia
Class
Submarine
(AP),
1
$5,158,976,000;
2
CVN Refueling Overhauls, $1,821,655,000;
3
DDG–1000 Program, $52,358,000;
4
DDG–51 Destroyer, $5,069,403,000;
5
FFG–Frigate, $100,000,000;
6
Medium Landing Ship, $225,000,000;
7
TAO Fleet Oiler, $1,657,391,000;
8
Towing,
Salvage,
and
Rescue
Ship,
9
$141,500,000;
10
T–AGOS Surtass Ship, $424,945,000;
11
LCU 1700, $48,194,000;
12
Ship to Shore Connector, $320,000,000;
13
Service Craft, $210,355,000;
14
LCAC SLEP, $56,109,000;
15
Auxiliary Vessels, $206,019,000;
16
For outfitting, post delivery, conversions, and
17
first destination transportation, $733,864,000; and
18
Completion of Prior Year Shipbuilding Pro-
19
grams, $699,210,000.
20
In all: $36,935,236,000, to remain available for obli-
21
gation until September 30, 2030: Provided, That addi-
22
tional obligations may be incurred after September 30,
23
2030, for engineering services, tests, evaluations, and
24
other such budgeted work that must be performed in the
25
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•HR 4016 RH
final stage of ship construction: Provided further, That
1
none of the funds provided under this heading for the con-
2
struction or conversion of any naval vessel to be con-
3
structed in shipyards in the United States shall be ex-
4
pended in foreign facilities for the construction of major
5
components of such vessel: Provided further, That none of
6
the funds provided under this heading shall be used for
7
the construction of any naval vessel in foreign shipyards:
8
Provided further, That funds appropriated or otherwise
9
made available by this Act for Columbia Class Submarine
10
(AP) may be available for the purposes authorized by sub-
11
sections (f), (g), (h) or (i) of section 2218a of title 10,
12
United States Code, only in accordance with the provisions
13
of the applicable subsection.
14
OTHER PROCUREMENT, NAVY
15
For procurement, production, and modernization of
16
support equipment and materials not otherwise provided
17
for, Navy ordnance (except ordnance for new aircraft, new
18
ships, and ships authorized for conversion); the purchase
19
of passenger motor vehicles for replacement only; expan-
20
sion of public and private plants, including the land nec-
21
essary therefor, and such lands and interests therein, may
22
be acquired, and construction prosecuted thereon prior to
23
approval of title; and procurement and installation of
24
equipment, appliances, and machine tools in public and
25
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•HR 4016 RH
private plants; reserve plant and Government and con-
1
tractor-owned equipment layaway, $14,932,187,000, to
2
remain available for obligation until September 30, 2028:
3
Provided, That such funds are also available for the main-
4
tenance, repair, and modernization of ships under a pilot
5
program established for such purposes.
6
PROCUREMENT, MARINE CORPS
7
For expenses necessary for the procurement, manu-
8
facture, and modification of missiles, armament, military
9
equipment, spare parts, and accessories therefor; plant
10
equipment, appliances, and machine tools, and installation
11
thereof in public and private plants; reserve plant and
12
Government and contractor-owned equipment layaway; ve-
13
hicles for the Marine Corps, including the purchase of pas-
14
senger motor vehicles for replacement only; and expansion
15
of public and private plants, including land necessary
16
therefor, and such lands and interests therein, may be ac-
17
quired, and construction prosecuted thereon prior to ap-
18
proval of title, $4,047,138,000, to remain available for ob-
19
ligation until September 30, 2028.
20
AIRCRAFT PROCUREMENT, AIR FORCE
21
For construction, procurement, and modification of
22
aircraft and equipment, including armor and armament,
23
specialized ground handling equipment, and training de-
24
vices, spare parts, and accessories therefor; specialized
25
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equipment; expansion of public and private plants, Gov-
1
ernment-owned equipment and installation thereof in such
2
plants, erection of structures, and acquisition of land, for
3
the foregoing purposes, and such lands and interests
4
therein, may be acquired, and construction prosecuted
5
thereon prior to approval of title; reserve plant and Gov-
6
ernment and contractor-owned equipment layaway; and
7
other expenses necessary for the foregoing purposes in-
8
cluding
rents
and
transportation
of
things,
9
$21,414,080,000, to remain available for obligation until
10
September 30, 2028.
11
MISSILE PROCUREMENT, AIR FORCE
12
For construction, procurement, and modification of
13
missiles, rockets, and related equipment, including spare
14
parts and accessories therefor; ground handling equip-
15
ment, and training devices; expansion of public and pri-
16
vate plants, Government-owned equipment and installa-
17
tion thereof in such plants, erection of structures, and ac-
18
quisition of land, for the foregoing purposes, and such
19
lands and interests therein, may be acquired, and con-
20
struction prosecuted thereon prior to approval of title; re-
21
serve plant and Government and contractor-owned equip-
22
ment layaway; and other expenses necessary for the fore-
23
going purposes including rents and transportation of
24
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things, $4,282,581,000, to remain available for obligation
1
until September 30, 2028.
2
PROCUREMENT OF AMMUNITION, AIR FORCE
3
For construction, procurement, production, and
4
modification of ammunition, and accessories therefor; spe-
5
cialized equipment and training devices; expansion of pub-
6
lic and private plants, including ammunition facilities, au-
7
thorized by section 2854 of title 10, United States Code,
8
and the land necessary therefor, for the foregoing pur-
9
poses, and such lands and interests therein, may be ac-
10
quired, and construction prosecuted thereon prior to ap-
11
proval of title; and procurement and installation of equip-
12
ment, appliances, and machine tools in public and private
13
plants; reserve plant and Government and contractor-
14
owned equipment layaway; and other expenses necessary
15
for the foregoing purposes, $706,389,000, to remain avail-
16
able for obligation until September 30, 2028.
17
OTHER PROCUREMENT, AIR FORCE
18
For procurement and modification of equipment (in-
19
cluding ground guidance and electronic control equipment,
20
and ground electronic and communication equipment),
21
and supplies, materials, and spare parts therefor, not oth-
22
erwise provided for; the purchase of passenger motor vehi-
23
cles for replacement only; lease of passenger motor vehi-
24
cles; and expansion of public and private plants, Govern-
25
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•HR 4016 RH
ment-owned equipment and installation thereof in such
1
plants, erection of structures, and acquisition of land, for
2
the foregoing purposes, and such lands and interests
3
therein, may be acquired, and construction prosecuted
4
thereon, prior to approval of title; reserve plant and Gov-
5
ernment
and
contractor-owned
equipment
layaway,
6
$31,313,050,000, to remain available for obligation until
7
September 30, 2028.
8
PROCUREMENT, SPACE FORCE
9
For construction, procurement, and modification of
10
spacecraft, rockets, and related equipment, including
11
spare parts and accessories therefor; ground handling
12
equipment, and training devices; expansion of public and
13
private plants, Government-owned equipment and installa-
14
tion thereof in such plants, erection of structures, and ac-
15
quisition of land, for the foregoing purposes, and such
16
lands and interests therein, may be acquired, and con-
17
struction prosecuted thereon prior to approval of title; re-
18
serve plant and Government and contractor-owned equip-
19
ment layaway; and other expenses necessary for the fore-
20
going purposes including rents and transportation of
21
things, $3,721,695,000, to remain available for obligation
22
until September 30, 2028.
23
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•HR 4016 RH
PROCUREMENT, DEFENSE-WIDE
1
For expenses of activities and agencies of the Depart-
2
ment of Defense (other than the military departments)
3
necessary for procurement, production, and modification
4
of equipment, supplies, materials, and spare parts there-
5
for, not otherwise provided for; the purchase of passenger
6
motor vehicles for replacement only; expansion of public
7
and private plants, equipment, and installation thereof in
8
such plants, erection of structures, and acquisition of land
9
for the foregoing purposes, and such lands and interests
10
therein, may be acquired, and construction prosecuted
11
thereon prior to approval of title; reserve plant and Gov-
12
ernment
and
contractor-owned
equipment
layaway,
13
$5,626,275,000, to remain available for obligation until
14
September 30, 2028.
15
DEFENSE PRODUCTION ACT PURCHASES
16
For activities by the Department of Defense pursuant
17
to sections 108, 301, 302, and 303 of the Defense Produc-
18
tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533),
19
$321,923,000, to remain available for obligation until ex-
20
pended, which shall be obligated and expended by the Sec-
21
retary of Defense as if delegated the necessary authorities
22
conferred by the Defense Production Act of 1950: Pro-
23
vided, That of the amounts appropriated under this head-
24
ing $150,000,000 shall be for biomanufacturing.
25
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•HR 4016 RH
NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
1
For procurement of rotary-wing aircraft; combat, tac-
2
tical, and support vehicles; other weapons; and other pro-
3
curement items for the Reserve components of the Armed
4
Forces, $800,000,000, to remain available for obligation
5
until September 30, 2028: Provided, That the Chiefs of
6
National Guard and Reserve components shall, not later
7
than 30 days after enactment of this Act, individually sub-
8
mit to the congressional defense committees the mod-
9
ernization priority assessment for their respective Na-
10
tional Guard or Reserve component: Provided further,
11
That none of the funds made available by this paragraph
12
may be used to procure manned fixed wing aircraft, or
13
procure or modify missiles, munitions, or ammunition.
14
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TITLE IV
1
RESEARCH, DEVELOPMENT, TEST AND
2
EVALUATION
3
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
4
ARMY
5
For expenses necessary for basic and applied sci-
6
entific research, development, test and evaluation, includ-
7
ing maintenance, rehabilitation, lease, and operation of fa-
8
cilities and equipment, $13,561,058,000, to remain avail-
9
able for obligation until September 30, 2027.
10
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
11
NAVY
12
For expenses necessary for basic and applied sci-
13
entific research, development, test and evaluation, includ-
14
ing maintenance, rehabilitation, lease, and operation of fa-
15
cilities and equipment, $27,038,433,000, to remain avail-
16
able for obligation until September 30, 2027: Provided,
17
That funds appropriated in this paragraph which are
18
available for the V–22 may be used to meet unique oper-
19
ational requirements of the Special Operations Forces.
20
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
21
AIR FORCE
22
For expenses necessary for basic and applied sci-
23
entific research, development, test and evaluation, includ-
24
ing maintenance, rehabilitation, lease, and operation of fa-
25
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cilities and equipment, $51,120,258,000, to remain avail-
1
able for obligation until September 30, 2027.
2
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
3
SPACE FORCE
4
For expenses necessary for basic and applied sci-
5
entific research, development, test and evaluation, includ-
6
ing maintenance, rehabilitation, lease, and operation of fa-
7
cilities and equipment, $19,133,651,000, to remain avail-
8
able until September 30, 2027.
9
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
10
DEFENSE-WIDE
11
For expenses of activities and agencies of the Depart-
12
ment of Defense (other than the military departments),
13
necessary for basic and applied scientific research, devel-
14
opment, test and evaluation; advanced research projects
15
as may be designated and determined by the Secretary
16
of Defense, pursuant to law; maintenance, rehabilitation,
17
lease, and operation of facilities and equipment,
18
$36,491,467,000, to remain available for obligation until
19
September 30, 2027.
20
OPERATIONAL TEST AND EVALUATION, DEFENSE
21
For expenses, not otherwise provided for, necessary
22
for the independent activities of the Director, Operational
23
Test and Evaluation, in the direction and supervision of
24
operational test and evaluation, including initial oper-
25
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•HR 4016 RH
ational test and evaluation which is conducted prior to,
1
and in support of, production decisions; joint operational
2
testing and evaluation; and administrative expenses in
3
connection therewith, $348,709,000, to remain available
4
for obligation until September 30, 2027: Provided, That
5
of the amounts appropriated under this heading, not less
6
than $15,000,000 shall be for cyber assessments.
7
TITLE V
8
REVOLVING AND MANAGEMENT FUNDS
9
DEFENSE WORKING CAPITAL FUNDS
10
For
the
Defense
Working
Capital
Funds,
11
$1,682,921,000.
12
NATIONAL DEFENSE STOCKPILE TRANSACTION FUND
13
For the National Defense Stockpile Transaction
14
Fund, $5,700,000, for activities pursuant to the Strategic
15
and Critical Materials Stock Piling Act (50 U.S.C. 98 et
16
seq.).
17
TITLE VI
18
OTHER DEPARTMENT OF DEFENSE PROGRAMS
19
DEFENSE HEALTH PROGRAM
20
For expenses, not otherwise provided for, for medical
21
and health care programs of the Department of Defense
22
as authorized by law, $40,917,184,000; of which
23
$38,766,742,000 shall be for operation and maintenance,
24
of which not to exceed one percent shall remain available
25
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•HR 4016 RH
for obligation until September 30, 2027, and of which up
1
to $21,023,765,000 may be available for contracts entered
2
into
under
the
TRICARE
program;
of
which
3
$354,821,000, to remain available for obligation until Sep-
4
tember 30, 2028, shall be for procurement; and of which
5
$1,795,621,000, to remain available for obligation until
6
September 30, 2027, shall be for research, development,
7
test and evaluation: Provided, That of the funds provided
8
under this heading for research, development, test and
9
evaluation, not less than $700,000,000 shall be made
10
available to the Defense Health Agency to carry out the
11
congressionally directed medical research programs: Pro-
12
vided further, That, notwithstanding any other provision
13
of law, of the amount made available under this heading
14
for research, development, test and evaluation, not less
15
than $15,000,000 shall be available for HIV prevention
16
educational activities undertaken in connection with
17
United States military training, exercises, and humani-
18
tarian assistance activities conducted primarily in African
19
nations: Provided further, That the Secretary of Defense
20
shall submit to the congressional defense committees quar-
21
terly reports on the current status of the electronic health
22
record program: Provided further, That the Comptroller
23
General of the United States shall perform quarterly per-
24
formance reviews of the electronic health record program.
25
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•HR 4016 RH
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
1
DEFENSE
2
For expenses, not otherwise provided for, necessary
3
for the destruction of the United States stockpile of lethal
4
chemical agents and munitions in accordance with the pro-
5
visions of section 1412 of the Department of Defense Au-
6
thorization Act, 1986, (Public Law 99-145; 50 U.S.C.
7
1521), $213,282,000, of which $3,243,000 shall be for op-
8
eration and maintenance for the Chemical Stockpile
9
Emergency
Preparedness
Program,
consisting
of
10
$2,340,000 for activities on military installations and
11
$903,000, to remain available until September 30, 2027,
12
to assist State and local governments; and $210,039,000,
13
to remain available until September 30, 2027, shall be for
14
research, development, test and evaluation.
15
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
16
DEFENSE
17
(INCLUDING TRANSFER OF FUNDS)
18
For drug interdiction and counter-drug activities of
19
the Department of Defense, for transfer to appropriations
20
available to the Department of Defense for military per-
21
sonnel of the reserve components serving under the provi-
22
sions of title 10 and title 32, United States Code; for oper-
23
ation and maintenance; for procurement; and for research,
24
development, test and evaluation, $1,149,304,000, of
25
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•HR 4016 RH
which $678,737,000 shall be for counter-narcotics sup-
1
port; $135,567,000 shall be for the drug demand reduc-
2
tion program; $305,000,000 shall be for the National
3
Guard counter-drug program; and $30,000,000 shall be
4
for the National Guard counter-drug schools program:
5
Provided, That the funds appropriated under this heading
6
shall be available for obligation for the same time period
7
and for the same purpose as the appropriation to which
8
transferred: Provided further, That upon a determination
9
that all or part of the funds transferred from this appro-
10
priation are not necessary for the purposes provided here-
11
in, such amounts may be transferred back to this appro-
12
priation: Provided further, That the transfer authority pro-
13
vided under this heading is in addition to any other trans-
14
fer authority provided elsewhere in this Act: Provided fur-
15
ther, That funds appropriated under this heading may be
16
used to support a new start program or project only after
17
written prior notification to the Committees on Appropria-
18
tions of the House of Representatives and the Senate.
19
OFFICE OF THE INSPECTOR GENERAL
20
For expenses and activities of the Office of the In-
21
spector General in carrying out the provisions of chapter
22
4 of title 5, United States Code, $517,599,000, of which
23
$511,895,000 shall be for operation and maintenance, of
24
which not to exceed $700,000 is available for emergencies
25
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•HR 4016 RH
and extraordinary expenses to be expended upon the ap-
1
proval or authority of the Inspector General, and pay-
2
ments may be made upon the Inspector General’s certifi-
3
cate of necessity for confidential military purposes; of
4
which $1,079,000, to remain available for obligation until
5
September 30, 2028, shall be for procurement; and of
6
which $4,625,000, to remain available until September 30,
7
2027, shall be for research, development, test and evalua-
8
tion.
9
TITLE VII
10
RELATED AGENCIES
11
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
12
DISABILITY SYSTEM FUND
13
For payment to the Central Intelligence Agency Re-
14
tirement and Disability System Fund, to maintain the
15
proper funding level for continuing the operation of the
16
Central Intelligence Agency Retirement and Disability
17
System, $514,000,000.
18
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
19
For necessary expenses of the Intelligence Commu-
20
nity Management Account, $642,000,000.
21
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•HR 4016 RH
TITLE VIII
1
GENERAL PROVISIONS
2
SEC. 8001. No part of any appropriation contained
3
in this Act shall be used for publicity or propaganda pur-
4
poses not authorized by the Congress.
5
SEC. 8002. During the current fiscal year, provisions
6
of law prohibiting the payment of compensation to, or em-
7
ployment of, any person not a citizen of the United States
8
shall not apply to personnel of the Department of Defense:
9
Provided, That salary increases granted to direct and indi-
10
rect hire foreign national employees of the Department of
11
Defense funded by this Act may not be at a rate in excess
12
of the percentage increase authorized by law for civilian
13
employees of the Department of Defense whose pay is
14
computed under the provisions of section 5332 of title 5,
15
United States Code, or at a rate in excess of the percent-
16
age increase provided by the appropriate host nation to
17
its own employees, whichever is higher: Provided further,
18
That this section shall not apply to Department of De-
19
fense foreign service national employees serving at United
20
States diplomatic missions whose pay is set by the Depart-
21
ment of State under the Foreign Service Act of 1980: Pro-
22
vided further, That the limitations of this provision shall
23
not apply to foreign national employees of the Department
24
of Defense in the Republic of Turkey.
25
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•HR 4016 RH
SEC. 8003. No part of any appropriation contained
1
in this Act shall remain available for obligation beyond
2
the current fiscal year, unless expressly so provided herein.
3
SEC. 8004. No more than 20 percent of the appro-
4
priations in this Act which are limited for obligation dur-
5
ing the current fiscal year shall be obligated during the
6
last 2 months of the fiscal year: Provided, That this sec-
7
tion shall not apply to obligations for support of active
8
duty training of reserve components or summer camp
9
training of the Reserve Officers’ Training Corps.
10
(TRANSFER OF FUNDS)
11
SEC. 8005. Upon determination by the Secretary of
12
Defense that such action is necessary in the national inter-
13
est, the Secretary may, with the approval of the Director
14
of the Office of Management and Budget, transfer not to
15
exceed $6,000,000,000 of working capital funds of the De-
16
partment of Defense or funds made available by this Act
17
to the Department of Defense for military functions (ex-
18
cept military construction) between such appropriations or
19
funds or any subdivision thereof, to be merged with and
20
to be available for the same purposes, and for the same
21
time period, as the appropriation or fund to which trans-
22
ferred: Provided, That such authority to transfer may not
23
be used unless for higher priority items, based on unfore-
24
seen military requirements, than those for which originally
25
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•HR 4016 RH
appropriated and in no case where the item for which
1
funds are requested has been denied by the Congress: Pro-
2
vided further, That the Secretary of Defense shall notify
3
the Congress promptly of all transfers made pursuant to
4
this authority or any other authority in this Act: Provided
5
further, That no part of the funds in this Act shall be
6
available to prepare or present a request to the Commit-
7
tees on Appropriations of the House of Representatives
8
and the Senate for reprogramming of funds, unless for
9
higher priority items, based on unforeseen military re-
10
quirements, than those for which originally appropriated
11
and in no case where the item for which reprogramming
12
is requested has been denied by the Congress: Provided
13
further, That a request for multiple reprogrammings of
14
funds using authority provided in this section shall be
15
made prior to June 30, 2026: Provided further, That
16
transfers among military personnel appropriations shall
17
not be taken into account for purposes of the limitation
18
on the amount of funds that may be transferred under
19
this section.
20
SEC. 8006. (a) With regard to the list of specific pro-
21
grams, projects, and activities (and the dollar amounts
22
and adjustments to budget activities corresponding to
23
such programs, projects, and activities) contained in the
24
tables titled Explanation of Project Level Adjustments in
25
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•HR 4016 RH
the explanatory statement regarding this Act and the ta-
1
bles contained in the classified annex accompanying this
2
Act, the obligation and expenditure of amounts appro-
3
priated or otherwise made available by this Act for those
4
programs, projects, and activities are hereby required by
5
law to be carried out in the manner provided by such ta-
6
bles to the same extent as if the tables were included in
7
the text of this Act.
8
(b) Amounts specified in the referenced tables de-
9
scribed in subsection (a) may not be treated as subdivi-
10
sions of appropriations for purposes of section 8005 of this
11
Act: Provided, That section 8005 of this Act shall apply
12
when transfers of the amounts described in subsection (a)
13
occur between appropriation accounts, subject to the limi-
14
tation in subsection (c): Provided further, That the trans-
15
fer amount limitation provided in section 8005 of this Act
16
shall not apply to transfers of amounts described in sub-
17
section (a) if such transfers are necessary for the proper
18
execution of such funds.
19
(c) During the current fiscal year, amounts specified
20
in the referenced tables in titles III and IV of this Act
21
described in subsection (a) may not be transferred pursu-
22
ant to section 8005 of this Act other than for proper exe-
23
cution of such amounts, as provided in subsection (b).
24
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•HR 4016 RH
SEC. 8007. (a) Not later than 60 days after the date
1
of the enactment of this Act, the Department of Defense
2
shall submit a report to the congressional defense commit-
3
tees to establish the baseline for application of reprogram-
4
ming and transfer authorities for fiscal year 2026: Pro-
5
vided, That the report shall include—
6
(1) a table for each appropriation with a sepa-
7
rate column to display the President’s budget re-
8
quest, adjustments made by Congress, adjustments
9
due to enacted rescissions, if appropriate, and the
10
fiscal year enacted level;
11
(2) a delineation in the table for each appro-
12
priation both by budget activity and program,
13
project, and activity as detailed in the Budget Ap-
14
pendix; and
15
(3) an identification of items of special congres-
16
sional interest.
17
(b) Notwithstanding section 8005 of this Act, none
18
of the funds provided in this Act shall be available for
19
reprogramming or transfer until the report identified in
20
subsection (a) is submitted to the congressional defense
21
committees, unless the Secretary of Defense certifies in
22
writing to the congressional defense committees that such
23
reprogramming or transfer is necessary as an emergency
24
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requirement: Provided,That this subsection shall not apply
1
to transfers from the following appropriations accounts:
2
(1) ‘‘Environmental Restoration, Army’’;
3
(2) ‘‘Environmental Restoration, Navy’’;
4
(3) ‘‘Environmental Restoration, Air Force’’;
5
(4)
‘‘Environmental
Restoration,
Defense-
6
Wide’’;
7
(5)
‘‘Environmental
Restoration,
Formerly
8
Used Defense Sites’’; and
9
(6) ‘‘Drug Interdiction and Counter-drug Ac-
10
tivities, Defense’’.
11
(TRANSFER OF FUNDS)
12
SEC. 8008. During the current fiscal year, cash bal-
13
ances in working capital funds of the Department of De-
14
fense established pursuant to section 2208 of title 10,
15
United States Code, may be maintained in only such
16
amounts as are necessary at any time for cash disburse-
17
ments to be made from such funds: Provided, That trans-
18
fers may be made between such funds: Provided further,
19
That transfers may be made between working capital
20
funds and the ‘‘Foreign Currency Fluctuations, Defense’’
21
appropriation and the ‘‘Operation and Maintenance’’ ap-
22
propriation accounts in such amounts as may be deter-
23
mined by the Secretary of Defense, with the approval of
24
the Director of the Office of Management and Budget, ex-
25
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cept that such transfers may not be made unless the Sec-
1
retary of Defense has notified the Congress of the pro-
2
posed transfer: Provided further, That except in amounts
3
equal to the amounts appropriated to working capital
4
funds in this Act, no obligations may be made against a
5
working capital fund to procure or increase the value of
6
war reserve material inventory, unless the Secretary of
7
Defense has notified the Congress prior to any such obli-
8
gation.
9
SEC. 8009. Funds appropriated by this Act may not
10
be used to initiate a special access program without prior
11
notification 30 calendar days in advance to the congres-
12
sional defense committees.
13
SEC. 8010. None of the funds provided by this Act
14
shall be available to initiate: (1) a multiyear contract that
15
employs economic order quantity procurement in excess of
16
$20,000,000 in any one year of the contract or that in-
17
cludes an unfunded contingent liability in excess of
18
$20,000,000; or (2) a contract for advance procurement
19
leading to a multiyear contract that employs economic
20
order quantity procurement in excess of $20,000,000 in
21
any one year, unless the congressional defense committees
22
have been notified at least 30 days in advance of the pro-
23
posed contract award: Provided, That no part of any ap-
24
propriation contained in this Act shall be available to ini-
25
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tiate a multiyear contract for which the economic order
1
quantity advance procurement is not funded at least to
2
the limits of the Government’s liability: Provided further,
3
That no part of any appropriation contained in this Act
4
shall be available to initiate multiyear procurement con-
5
tracts for any systems or component thereof if the value
6
of the multiyear contract would exceed $500,000,000 un-
7
less specifically provided in this Act: Provided further,
8
That no multiyear procurement contract can be termi-
9
nated without 30-day prior notification to the congres-
10
sional defense committees: Provided further, That the exe-
11
cution of multiyear authority shall require the use of a
12
present value analysis to determine lowest cost compared
13
to an annual procurement: Provided further, That none of
14
the funds provided by this Act may be used for a multiyear
15
contract executed after the date of the enactment of this
16
Act unless in the case of any such contract—
17
(1) the Secretary of Defense has submitted to
18
Congress a budget request for full funding of units
19
to be procured through the contract and, in the case
20
of a contract for procurement of aircraft, that in-
21
cludes, for any aircraft unit to be procured through
22
the contract for which procurement funds are re-
23
quested in that budget request for production be-
24
yond advance procurement activities in the fiscal
25
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year covered by the budget, full funding of procure-
1
ment of such unit in that fiscal year;
2
(2) cancellation provisions in the contract do
3
not include consideration of recurring manufacturing
4
costs of the contractor associated with the produc-
5
tion of unfunded units to be delivered under the con-
6
tract;
7
(3) the contract provides that payments to the
8
contractor under the contract may not be made in
9
advance of incurred costs on funded units; and
10
(4) the contract does not provide for a price ad-
11
justment based on a failure to award a follow-on
12
contract.
13
SEC. 8011. Within the funds appropriated for the op-
14
eration and maintenance of the Armed Forces, funds are
15
hereby appropriated pursuant to section 401 of title 10,
16
United States Code, for humanitarian and civic assistance
17
costs under chapter 20 of title 10, United States Code:
18
Provided, That such funds may also be obligated for hu-
19
manitarian and civic assistance costs incidental to author-
20
ized operations and pursuant to authority granted in sec-
21
tion 401 of title 10, United States Code, and these obliga-
22
tions shall be reported as required by section 401(d) of
23
title 10, United States Code: Provided further, That funds
24
available for operation and maintenance shall be available
25
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for providing humanitarian and similar assistance by
1
using Civic Action Teams in the Trust Territories of the
2
Pacific Islands and freely associated states of Micronesia,
3
pursuant to the Compact of Free Association as author-
4
ized by Public Law 99–239: Provided further, That upon
5
a determination by the Secretary of the Army that such
6
action is beneficial for graduate medical education pro-
7
grams conducted at Army medical facilities located in Ha-
8
waii, the Secretary of the Army may authorize the provi-
9
sion of medical services at such facilities and transpor-
10
tation to such facilities, on a nonreimbursable basis, for
11
civilian patients from American Samoa, the Common-
12
wealth of the Northern Mariana Islands, the Marshall Is-
13
lands, the Federated States of Micronesia, Palau, and
14
Guam.
15
SEC. 8012. None of the funds made available by this
16
Act shall be used in any way, directly or indirectly, to in-
17
fluence congressional action on any legislation or appro-
18
priation matters pending before the Congress.
19
SEC. 8013. None of the funds available in this Act
20
to the Department of Defense, other than appropriations
21
made for necessary or routine refurbishments, upgrades,
22
or maintenance activities, shall be used to reduce or to
23
prepare to reduce the number of deployed and non-de-
24
ployed strategic delivery vehicles and launchers below the
25
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levels set forth in the report submitted to Congress in ac-
1
cordance with section 1042 of the National Defense Au-
2
thorization Act for Fiscal Year 2012.
3
(TRANSFER OF FUNDS)
4
SEC. 8014. (a) Funds appropriated in title III of this
5
Act for the Department of Defense Pilot Mentor-Prote´ge´
6
Program may be transferred to any other appropriation
7
contained in this Act solely for the purpose of imple-
8
menting a Mentor-Prote´ge´ Program developmental assist-
9
ance agreement pursuant to section 4902 of title 10,
10
United States Code, under the authority of this provision
11
or any other transfer authority contained in this Act.
12
(b) The Secretary of Defense shall include with the
13
budget justification documents in support of the budget
14
for fiscal year 2026 (as submitted to Congress pursuant
15
to section 1105 of title 31, United States Code) a descrip-
16
tion of each transfer under this section that occurred dur-
17
ing the last fiscal year before the fiscal year in which such
18
budget is submitted.
19
SEC. 8015. None of the funds appropriated or other-
20
wise made available by this Act may be available for the
21
purchase by the Department of Defense (and its depart-
22
ments and agencies) of welded shipboard anchor and
23
mooring chain unless the anchor and mooring chain are
24
manufactured in the United States from components
25
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which are substantially manufactured in the United
1
States: Provided, That for the purpose of this section, the
2
term ‘‘manufactured’’ shall include cutting, heat treating,
3
quality control, and testing of chain and welding (includ-
4
ing the forging and shot blasting process): Provided fur-
5
ther, That for the purpose of this section substantially all
6
of the components of anchor and mooring chain shall be
7
considered to be produced or manufactured in the United
8
States if the aggregate cost of the components produced
9
or manufactured in the United States exceeds the aggre-
10
gate cost of the components produced or manufactured
11
outside the United States: Provided further, That when
12
adequate domestic supplies are not available to meet De-
13
partment of Defense requirements on a timely basis, the
14
Secretary of the Service responsible for the procurement
15
may waive this restriction on a case-by-case basis by certi-
16
fying in writing to the Committees on Appropriations of
17
the House of Representatives and the Senate that such
18
an acquisition must be made in order to acquire capability
19
for national security purposes.
20
SEC. 8016. None of the funds appropriated by this
21
Act shall be used for the support of any nonappropriated
22
funds activity of the Department of Defense that procures
23
malt beverages and wine with nonappropriated funds for
24
resale (including such alcoholic beverages sold by the
25
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•HR 4016 RH
drink) on a military installation located in the United
1
States unless such malt beverages and wine are procured
2
within that State, or in the case of the District of Colum-
3
bia, within the District of Columbia, in which the military
4
installation is located: Provided, That, in a case in which
5
the military installation is located in more than one State,
6
purchases may be made in any State in which the installa-
7
tion is located: Provided further, That such local procure-
8
ment requirements for malt beverages and wine shall
9
apply to all alcoholic beverages only for military installa-
10
tions in States which are not contiguous with another
11
State: Provided further, That alcoholic beverages other
12
than wine and malt beverages, in contiguous States and
13
the District of Columbia shall be procured from the most
14
competitive source, price and other factors considered.
15
SEC. 8017. None of the funds available to the De-
16
partment of Defense may be used to demilitarize or dis-
17
pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,
18
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or
19
to demilitarize or destroy small arms ammunition or am-
20
munition components that are not otherwise prohibited
21
from commercial sale under Federal law, unless the small
22
arms ammunition or ammunition components are certified
23
by the Secretary of the Army or designee as unserviceable
24
or unsafe for further use.
25
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SEC. 8018. No more than $500,000 of the funds ap-
1
propriated or made available by this Act shall be used dur-
2
ing a single fiscal year for any single relocation of an orga-
3
nization, unit, activity or function of the Department of
4
Defense into or within the National Capital Region: Pro-
5
vided, That the Secretary of Defense may waive this re-
6
striction on a case-by-case basis by certifying in writing
7
to the congressional defense committees that such a relo-
8
cation is required in the best interest of the Government.
9
SEC. 8019. Of the funds made available by this Act
10
under
the
heading
‘‘Procurement,
Defense-Wide’’,
11
$35,169,000 shall be available only for incentive payments
12
authorized by section 504 of the Indian Financing Act of
13
1974 (25 U.S.C. 1544): Provided, That a prime contractor
14
or a subcontractor at any tier that makes a subcontract
15
award to any subcontractor or supplier as defined in sec-
16
tion 1544 of title 25, United States Code, or a small busi-
17
ness owned and controlled by an individual or individuals
18
defined under section 4221(9) of title 25, United States
19
Code, shall be considered a contractor for the purposes
20
of being allowed additional compensation under section
21
504 of the Indian Financing Act of 1974 (25 U.S.C.
22
1544) whenever the prime contract or subcontract amount
23
is over $500,000 and involves the expenditure of funds
24
appropriated by an Act making appropriations for the De-
25
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partment of Defense with respect to any fiscal year: Pro-
1
vided further, That notwithstanding section 1906 of title
2
41, United States Code, this section shall be applicable
3
to any Department of Defense acquisition of supplies or
4
services, including any contract and any subcontract at
5
any tier for acquisition of commercial items produced or
6
manufactured, in whole or in part, by any subcontractor
7
or supplier defined in section 1544 of title 25, United
8
States Code, or a small business owned and controlled by
9
an individual or individuals defined under section 4221(9)
10
of title 25, United States Code.
11
SEC. 8020. (a) Notwithstanding any other provision
12
of law, the Secretary of the Air Force may convey at no
13
cost to the Air Force, without consideration, to Indian
14
tribes located in the States of Nevada, Idaho, North Da-
15
kota, South Dakota, Montana, Oregon, Minnesota, and
16
Washington relocatable military housing units located at
17
Grand Forks Air Force Base, Malmstrom Air Force Base,
18
Mountain Home Air Force Base, Ellsworth Air Force
19
Base, and Minot Air Force Base that are excess to the
20
needs of the Air Force.
21
(b) The Secretary of the Air Force shall convey, at
22
no cost to the Air Force, military housing units under sub-
23
section (a) in accordance with the request for such units
24
that are submitted to the Secretary by the Operation
25
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Walking Shield Program on behalf of Indian tribes located
1
in the States of Nevada, Idaho, North Dakota, South Da-
2
kota, Montana, Oregon, Minnesota, and Washington. Any
3
such conveyance shall be subject to the condition that the
4
housing units shall be removed within a reasonable period
5
of time, as determined by the Secretary.
6
(c) The Operation Walking Shield Program shall re-
7
solve any conflicts among requests of Indian tribes for
8
housing units under subsection (a) before submitting re-
9
quests to the Secretary of the Air Force under subsection
10
(b).
11
(d) In this section, the term ‘‘Indian tribe’’ means
12
any recognized Indian tribe included on the current list
13
published by the Secretary of the Interior under section
14
104 of the Federally Recognized Indian Tribe Act of 1994
15
(Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131).
16
SEC. 8021. Of the funds appropriated to the Depart-
17
ment of Defense under the heading ‘‘Operation and Main-
18
tenance, Defense-Wide’’, not less than $19,861,000 may
19
be made available only for the mitigation of environmental
20
impacts, including training and technical assistance to
21
tribes, related administrative support, the gathering of in-
22
formation, documenting of environmental damage, and de-
23
veloping a system for prioritization of mitigation and cost
24
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•HR 4016 RH
to complete estimates for mitigation, on Indian lands re-
1
sulting from Department of Defense activities.
2
SEC. 8022. Funds appropriated by this Act for the
3
Defense Media Activity may not be used for any national
4
or international political or psychological activities.
5
SEC. 8023. (a) Of the funds made available in this
6
Act, not less than $79,000,000 shall be available for the
7
Civil Air Patrol Corporation, of which—
8
(1) $57,900,000 shall be available from ‘‘Oper-
9
ation and Maintenance, Air Force’’ to support Civil
10
Air Patrol Corporation operation and maintenance,
11
readiness, counter-drug activities, and drug demand
12
reduction activities involving youth programs;
13
(2) $17,800,000 shall be available from ‘‘Air-
14
craft Procurement, Air Force’’; and
15
(3) $3,300,000 shall be available from ‘‘Other
16
Procurement, Air Force’’ for vehicle procurement.
17
(b) The Secretary of the Air Force should waive reim-
18
bursement for any funds used by the Civil Air Patrol for
19
counter-drug activities in support of Federal, State, and
20
local government agencies.
21
SEC. 8024. (a) None of the funds appropriated or
22
otherwise made available by this Act may be used to estab-
23
lish a new Department of Defense (department) federally
24
funded research and development center (FFRDC), either
25
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•HR 4016 RH
as a new entity, or as a separate entity administrated by
1
an organization managing another FFRDC, or as a non-
2
profit membership corporation consisting of a consortium
3
of other FFRDCs and other nonprofit entities.
4
(b) Except when acting in a technical advisory capac-
5
ity, no member of a Board of Directors, Trustees, Over-
6
seers, Advisory Group, Special Issues Panel, Visiting Com-
7
mittee, or any similar entity of a defense FFRDC, or any
8
entity that contracts with the Federal government to man-
9
age or operate one or more FFRDCs, or any paid consult-
10
ant to a defense FFRDC shall receive funds appropriated
11
by this Act as compensation for services as a member of
12
such entity: Provided, That a member of any such entity
13
shall be allowed travel expenses and per diem as author-
14
ized under the Federal Joint Travel Regulations, when en-
15
gaged in the performance of membership duties: Provided
16
further, That except when acting in a technical advisory
17
capacity, no paid consultant shall receive funds appro-
18
priated by this Act as compensation by more than one
19
FFRDC in a calendar year.
20
(c) Notwithstanding any other provision of law, none
21
of the funds available to the department from any source
22
during the current fiscal year may be used by a defense
23
FFRDC, through a fee or other payment mechanism, for
24
construction of new buildings not located on a military in-
25
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stallation, for payment of cost sharing for projects funded
1
by Government grants, for absorption of contract over-
2
runs, or for certain charitable contributions, not to include
3
employee participation in community service and/or devel-
4
opment.
5
(d) Notwithstanding any other provision of law, of
6
the funds appropriated in this Act, not more than
7
$2,886,300,000 may be funded for professional technical
8
staff-related costs of the defense FFRDCs: Provided, That
9
within such funds, not more than $461,300,000 shall be
10
available for the defense studies and analysis FFRDCs:
11
Provided further, That this subsection shall not apply to
12
staff years funded in the National Intelligence Program
13
and the Military Intelligence Program: Provided further,
14
That the Secretary of Defense shall, with the submission
15
of the department’s fiscal year 2027 budget request, sub-
16
mit a report presenting the specific amounts of staff years
17
of technical effort to be allocated for each defense FFRDC
18
by program during that fiscal year and the associated
19
budget estimates, by appropriation account and program.
20
SEC. 8025. For the purposes of this Act, the term
21
‘‘congressional defense committees’’ means the Armed
22
Services Committee of the House of Representatives, the
23
Armed Services Committee of the Senate, the Sub-
24
committee on Defense of the Committee on Appropriations
25
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•HR 4016 RH
of the House of Representatives, and the Subcommittee
1
on Defense of the Committee on Appropriations of the
2
Senate.
3
SEC. 8026. For the purposes of this Act, the term
4
‘‘congressional intelligence committees’’ means the Perma-
5
nent Select Committee on Intelligence of the House of
6
Representatives, the Select Committee on Intelligence of
7
the Senate, the Subcommittee on Defense of the Com-
8
mittee on Appropriations of the House of Representatives,
9
and the Subcommittee on Defense of the Committee on
10
Appropriations of the Senate.
11
SEC. 8027. During the current fiscal year, the De-
12
partment of Defense may acquire the modification, depot
13
maintenance and repair of aircraft, vehicles and vessels
14
as well as the production of components and other De-
15
fense-related articles, through competition between De-
16
partment of Defense depot maintenance activities and pri-
17
vate firms: Provided, That the Senior Acquisition Execu-
18
tive of the military department or Defense Agency con-
19
cerned, with power of delegation, shall certify that success-
20
ful bids include comparable estimates of all direct and in-
21
direct costs for both public and private bids: Provided fur-
22
ther, That Office of Management and Budget Circular A–
23
76 shall not apply to competitions conducted under this
24
section.
25
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SEC. 8028. (a) None of the funds appropriated in this
1
Act may be expended by an entity of the Department of
2
Defense unless the entity, in expending the funds, com-
3
plies with the Buy American Act. For purposes of this
4
subsection, the term ‘‘Buy American Act’’ means chapter
5
83 of title 41, United States Code.
6
(b) If the Secretary of Defense determines that a per-
7
son has been convicted of intentionally affixing a label
8
bearing a ‘‘Made in America’’ inscription to any product
9
sold in or shipped to the United States that is not made
10
in America, the Secretary shall determine, in accordance
11
with section 4658 of title 10, United States Code, whether
12
the person should be debarred from contracting with the
13
Department of Defense.
14
(c) In the case of any equipment or products pur-
15
chased with appropriations provided under this Act, it is
16
the sense of the Congress that any entity of the Depart-
17
ment of Defense, in expending the appropriation, purchase
18
only American-made equipment and products, provided
19
that American-made equipment and products are cost-
20
competitive, quality competitive, and available in a timely
21
fashion.
22
SEC. 8029. None of the funds appropriated in this
23
Act shall be used to procure carbon, alloy, or armor steel
24
plate for use in any Government-owned facility or property
25
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under the control of the Department of Defense which
1
were not melted and rolled in the United States or Can-
2
ada: Provided, That these procurement restrictions shall
3
apply to any and all Federal Supply Class 9515, American
4
Society of Testing and Materials (ASTM) or American
5
Iron and Steel Institute (AISI) specifications of carbon,
6
alloy or armor steel plate: Provided further, That the Sec-
7
retary of the military department responsible for the pro-
8
curement may waive this restriction on a case-by-case
9
basis by certifying in writing to the Committees on Appro-
10
priations of the House of Representatives and the Senate
11
that adequate domestic supplies are not available to meet
12
Department of Defense requirements on a timely basis
13
and that such an acquisition must be made in order to
14
acquire capability for national security purposes: Provided
15
further, That these restrictions shall not apply to contracts
16
which are in being as of the date of the enactment of this
17
Act.
18
SEC. 8030. (a)(1) If the Secretary of Defense, after
19
consultation with the United States Trade Representative,
20
determines that a foreign country which is party to an
21
agreement described in paragraph (2) has violated the
22
terms of the agreement by discriminating against certain
23
types of products produced in the United States that are
24
covered by the agreement, the Secretary of Defense shall
25
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rescind the Secretary’s blanket waiver of the Buy Amer-
1
ican Act with respect to such types of products produced
2
in that foreign country.
3
(2) An agreement referred to in paragraph (1) is any
4
reciprocal defense procurement memorandum of under-
5
standing, between the United States and a foreign country
6
pursuant to which the Secretary of Defense has prospec-
7
tively waived the Buy American Act for certain products
8
in that country.
9
(b) The Secretary of Defense shall submit to the Con-
10
gress a report on the amount of Department of Defense
11
purchases from foreign entities in fiscal year 2026. Such
12
report shall separately indicate the dollar value of items
13
for which the Buy American Act was waived pursuant to
14
any agreement described in subsection (a)(2), the Trade
15
Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any
16
international agreement to which the United States is a
17
party.
18
(c) For purposes of this section, the term ‘‘Buy
19
American Act’’ means chapter 83 of title 41, United
20
States Code.
21
SEC. 8031. None of the funds appropriated by this
22
Act may be used for the procurement of ball and roller
23
bearings other than those produced by a domestic source
24
and of domestic origin: Provided, That the Secretary of
25
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the military department responsible for such procurement
1
may waive this restriction on a case-by-case basis by certi-
2
fying in writing to the Committees on Appropriations of
3
the House of Representatives and the Senate, that ade-
4
quate domestic supplies are not available to meet Depart-
5
ment of Defense requirements on a timely basis and that
6
such an acquisition must be made in order to acquire ca-
7
pability for national security purposes: Provided further,
8
That this restriction shall not apply to the purchase of
9
‘‘commercial products’’, as defined by section 103 of title
10
41, United States Code, except that the restriction shall
11
apply to ball or roller bearings purchased as end items.
12
SEC. 8032. None of the funds in this Act may be
13
used to purchase any supercomputer which is not manu-
14
factured in the United States, unless the Secretary of De-
15
fense certifies to the congressional defense committees
16
that such an acquisition must be made in order to acquire
17
capability for national security purposes that is not avail-
18
able from United States manufacturers.
19
SEC. 8033. (a) The Secretary of Defense may, on a
20
case-by-case basis, waive with respect to a foreign country
21
each limitation on the procurement of defense items from
22
foreign sources provided in law if the Secretary determines
23
that the application of the limitation with respect to that
24
country would invalidate cooperative programs entered
25
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into between the Department of Defense and the foreign
1
country, or would invalidate reciprocal trade agreements
2
for the procurement of defense items entered into under
3
section 4851 of title 10, United States Code, and the
4
country does not discriminate against the same or similar
5
defense items produced in the United States for that coun-
6
try.
7
(b) Subsection (a) applies with respect to—
8
(1) contracts and subcontracts entered into on
9
or after the date of the enactment of this Act; and
10
(2) options for the procurement of items that
11
are exercised after such date under contracts that
12
are entered into before such date if the option prices
13
are adjusted for any reason other than the applica-
14
tion of a waiver granted under subsection (a).
15
(c) Subsection (a) does not apply to a limitation re-
16
garding construction of public vessels, ball and roller bear-
17
ings, food, and clothing or textile materials as defined by
18
section XI (chapters 50–65) of the Harmonized Tariff
19
Schedule of the United States and products classified
20
under headings 4010, 4202, 4203, 6401 through 6406,
21
6505, 7019, 7218 through 7229, 7304.41 through
22
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
23
8211, 8215, and 9404.
24
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SEC. 8034. None of the funds made available in this
1
Act, or any subsequent Act making appropriations for the
2
Department of Defense, may be used for the purchase or
3
manufacture of a flag of the United States unless such
4
flags are treated as covered items under section 4862(b)
5
of title 10, United States Code.
6
SEC. 8035. During the current fiscal year, amounts
7
contained in the Department of Defense Overseas Military
8
Facility Investment Recovery Account shall be available
9
until expended for the payments specified by section
10
2687a(b)(2) of title 10, United States Code.
11
SEC. 8036. During the current fiscal year, appropria-
12
tions which are available to the Department of Defense
13
for operation and maintenance may be used to purchase
14
items having an investment item unit cost of not more
15
than $350,000: Provided, That upon determination by the
16
Secretary of Defense that such action is necessary to meet
17
the operational requirements of a Commander of a Com-
18
batant Command engaged in a named contingency oper-
19
ation overseas, such funds may be used to purchase items
20
having an investment item unit cost of not more than
21
$500,000.
22
SEC. 8037. Up to $8,132,000 of the funds appro-
23
priated under the heading ‘‘Operation and Maintenance,
24
Navy’’ may be made available for the Asia Pacific Re-
25
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gional Initiative Program for the purpose of enabling the
1
United States Indo-Pacific Command to execute Theater
2
Security Cooperation activities such as humanitarian as-
3
sistance, and payment of incremental and personnel costs
4
of training and exercising with foreign security forces:
5
Provided, That funds made available for this purpose may
6
be used, notwithstanding any other funding authorities for
7
humanitarian assistance, security assistance or combined
8
exercise expenses: Provided further, That funds may not
9
be obligated to provide assistance to any foreign country
10
that is otherwise prohibited from receiving such type of
11
assistance under any other provision of law.
12
SEC. 8038. The Secretary of Defense shall issue reg-
13
ulations to prohibit the sale of any tobacco or tobacco-
14
related products in military resale outlets in the United
15
States, its territories and possessions at a price below the
16
most competitive price in the local community: Provided,
17
That such regulations shall direct that the prices of to-
18
bacco or tobacco-related products in overseas military re-
19
tail outlets shall be within the range of prices established
20
for military retail system stores located in the United
21
States.
22
SEC. 8039. (a) During the current fiscal year, none
23
of the appropriations or funds available to the Department
24
of Defense Working Capital Funds shall be used for the
25
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•HR 4016 RH
purchase of an investment item for the purpose of acquir-
1
ing a new inventory item for sale or anticipated sale dur-
2
ing the current fiscal year or a subsequent fiscal year to
3
customers of the Department of Defense Working Capital
4
Funds if such an item would not have been chargeable
5
to the Department of Defense Business Operations Fund
6
during fiscal year 1994 and if the purchase of such an
7
investment item would be chargeable during the current
8
fiscal year to appropriations made to the Department of
9
Defense for procurement.
10
(b) The fiscal year 2026 budget request for the De-
11
partment of Defense as well as all justification material
12
and other documentation supporting the fiscal year 2026
13
Department of Defense budget shall be prepared and sub-
14
mitted to the Congress on the basis that any equipment
15
which was classified as an end item and funded in a pro-
16
curement appropriation contained in this Act shall be
17
budgeted for in a proposed fiscal year 2026 procurement
18
appropriation and not in the supply management business
19
area or any other area or category of the Department of
20
Defense Working Capital Funds.
21
SEC. 8040. None of the funds appropriated by this
22
Act for programs of the Central Intelligence Agency shall
23
remain available for obligation beyond the current fiscal
24
year, except for funds appropriated for the Reserve for
25
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Contingencies, which shall remain available until Sep-
1
tember 30, 2027: Provided, That funds appropriated,
2
transferred, or otherwise credited to the Central Intel-
3
ligence Agency Central Services Working Capital Fund
4
during this or any prior fiscal year shall remain available
5
until expended: Provided further, That any funds appro-
6
priated or transferred to the Central Intelligence Agency
7
for advanced research and development acquisition, for
8
agent operations, and for covert action programs author-
9
ized by the President under section 503 of the National
10
Security Act of 1947 (50 U.S.C. 3093) shall remain avail-
11
able until September 30, 2027: Provided further, That any
12
funds appropriated or transferred to the Central Intel-
13
ligence Agency for the construction, improvement, or al-
14
teration of facilities, including leased facilities, to be used
15
primarily by personnel of the intelligence community, shall
16
remain available until September 30, 2028.
17
SEC. 8041. (a) Except as provided in subsections (b)
18
and (c), none of the funds made available by this Act may
19
be used—
20
(1) to establish a field operating agency; or
21
(2) to pay the basic pay of a member of the
22
Armed Forces or civilian employee of the Depart-
23
ment of Defense who is transferred or reassigned
24
from a headquarters activity if the member or em-
25
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•HR 4016 RH
ployee’s place of duty remains at the location of that
1
headquarters.
2
(b) The Secretary of Defense or Secretary of a mili-
3
tary department may waive the limitations in subsection
4
(a), on a case-by-case basis, if the Secretary determines,
5
and certifies to the Committees on Appropriations of the
6
House of Representatives and the Senate that the grant-
7
ing of the waiver will reduce the personnel requirements
8
or the financial requirements of the department.
9
(c) This section does not apply to—
10
(1) field operating agencies funded within the
11
National Intelligence Program;
12
(2) an Army field operating agency established
13
to eliminate, mitigate, or counter the effects of im-
14
provised explosive devices, and, as determined by the
15
Secretary of the Army, other similar threats;
16
(3) an Army field operating agency established
17
to improve the effectiveness and efficiencies of bio-
18
metric activities and to integrate common biometric
19
technologies throughout the Department of Defense;
20
or
21
(4) an Air Force field operating agency estab-
22
lished to administer the Air Force Mortuary Affairs
23
Program and Mortuary Operations for the Depart-
24
ment of Defense and authorized Federal entities.
25
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SEC. 8042. (a) None of the funds appropriated by
1
this Act shall be available to convert to contractor per-
2
formance an activity or function of the Department of De-
3
fense that, on or after the date of the enactment of this
4
Act, is performed by Department of Defense civilian em-
5
ployees unless—
6
(1) the conversion is based on the result of a
7
public-private competition that includes a most effi-
8
cient and cost effective organization plan developed
9
by such activity or function;
10
(2) the Competitive Sourcing Official deter-
11
mines that, over all performance periods stated in
12
the solicitation of offers for performance of the ac-
13
tivity or function, the cost of performance of the ac-
14
tivity or function by a contractor would be less costly
15
to the Department of Defense by an amount that
16
equals or exceeds the lesser of—
17
(A) 10 percent of the most efficient organi-
18
zation’s personnel-related costs for performance
19
of that activity or function by Federal employ-
20
ees; or
21
(B) $10,000,000; and
22
(3) the contractor does not receive an advan-
23
tage for a proposal that would reduce costs for the
24
Department of Defense by—
25
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(A) not making an employer-sponsored
1
health insurance plan available to the workers
2
who are to be employed in the performance of
3
that activity or function under the contract; or
4
(B) offering to such workers an employer-
5
sponsored health benefits plan that requires the
6
employer to contribute less towards the pre-
7
mium or subscription share than the amount
8
that is paid by the Department of Defense for
9
health benefits for civilian employees under
10
chapter 89 of title 5, United States Code.
11
(b)(1) The Department of Defense, without regard
12
to subsection (a) of this section or subsection (a), (b), or
13
(c) of section 2461 of title 10, United States Code, and
14
notwithstanding any administrative regulation, require-
15
ment, or policy to the contrary shall have full authority
16
to enter into a contract for the performance of any com-
17
mercial or industrial type function of the Department of
18
Defense that—
19
(A) is included on the procurement list estab-
20
lished pursuant to section 2 of the Javits-Wagner-
21
O’Day Act (section 8503 of title 41, United States
22
Code);
23
(B) is planned to be converted to performance
24
by a qualified nonprofit agency for the blind or by
25
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a qualified nonprofit agency for other severely handi-
1
capped individuals in accordance with that Act; or
2
(C) is planned to be converted to performance
3
by a qualified firm under at least 51 percent owner-
4
ship by an Indian tribe, as defined in section 4(e)
5
of the Indian Self-Determination and Education As-
6
sistance Act (25 U.S.C. 450b(e)), or a Native Ha-
7
waiian Organization, as defined in section 8(a)(15)
8
of the Small Business Act (15 U.S.C. 637(a)(15)).
9
(2) This section shall not apply to depot con-
10
tracts or contracts for depot maintenance as pro-
11
vided in sections 2469 and 2474 of title 10, United
12
States Code.
13
(c) The conversion of any activity or function of the
14
Department of Defense under the authority provided by
15
this section shall be credited toward any competitive or
16
outsourcing goal, target, or measurement that may be es-
17
tablished by statute, regulation, or policy and is deemed
18
to be awarded under the authority of, and in compliance
19
with, subsection (h) of section 2304 of title 10, United
20
States Code, for the competition or outsourcing of com-
21
mercial activities.
22
SEC. 8043. None of the funds available in this Act
23
may be used to reduce the authorized positions for mili-
24
tary technicians (dual status) of the Army National
25
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Guard, Air National Guard, Army Reserve and Air Force
1
Reserve for the purpose of applying any administratively
2
imposed civilian personnel ceiling, freeze, or reduction on
3
military technicians (dual status), unless such reductions
4
are a direct result of a reduction in military force struc-
5
ture.
6
SEC. 8044. None of the funds appropriated or other-
7
wise made available by this Act may be obligated or ex-
8
pended for assistance to the Democratic People’s Republic
9
of Korea unless specifically appropriated for that purpose:
10
Provided, That this restriction shall not apply to any ac-
11
tivities incidental to the Defense POW/MIA Accounting
12
Agency mission to recover and identify the remains of
13
United States Armed Forces personnel from the Demo-
14
cratic People’s Republic of Korea.
15
SEC. 8045. In this fiscal year and each fiscal year
16
thereafter, funds appropriated for operation and mainte-
17
nance of the Military Departments, Combatant Com-
18
mands and Defense Agencies shall be available for reim-
19
bursement of pay, allowances and other expenses which
20
would otherwise be incurred against appropriations for the
21
National Guard and Reserve when members of the Na-
22
tional Guard and Reserve provide intelligence or counter-
23
intelligence support to Combatant Commands, Defense
24
Agencies and Joint Intelligence Activities, including the
25
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activities and programs included within the National Intel-
1
ligence Program and the Military Intelligence Program:
2
Provided, That nothing in this section authorizes deviation
3
from established Reserve and National Guard personnel
4
and training procedures.
5
SEC. 8046. (a) None of the funds available to the
6
Department of Defense for any fiscal year for drug inter-
7
diction or counter-drug activities may be transferred to
8
any other department or agency of the United States ex-
9
cept as specifically provided in an appropriations law.
10
(b) None of the funds available to the Central Intel-
11
ligence Agency for any fiscal year for drug interdiction or
12
counter-drug activities may be transferred to any other de-
13
partment or agency of the United States except as specifi-
14
cally provided in an appropriations law.
15
SEC. 8047. In addition to the amounts appropriated
16
or otherwise made available elsewhere in this Act,
17
$49,000,000 is hereby appropriated to the Department of
18
Defense: Provided, That upon the determination of the
19
Secretary of Defense that it shall serve the national inter-
20
est, the Secretary shall make grants in the amounts speci-
21
fied as follows: $24,000,000 to the United Service Organi-
22
zations and $25,000,000 to the Red Cross.
23
SEC. 8048. Notwithstanding any other provision in
24
this Act, the Small Business Innovation Research program
25
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•HR 4016 RH
and the Small Business Technology Transfer program set-
1
asides shall be taken proportionally from all programs,
2
projects, or activities to the extent they contribute to the
3
extramural budget. The Secretary of each military depart-
4
ment, the Director of each Defense Agency, and the head
5
of each other relevant component of the Department of
6
Defense shall submit to the congressional defense commit-
7
tees, concurrent with submission of the budget justifica-
8
tion documents to Congress pursuant to section 1105 of
9
title 31, United States Code, a report with a detailed ac-
10
counting of the Small Business Innovation Research pro-
11
gram and the Small Business Technology Transfer pro-
12
gram set-asides taken from programs, projects, or activi-
13
ties within such department, agency, or component during
14
the most recently completed fiscal year.
15
SEC. 8049. None of the funds available to the De-
16
partment of Defense under this Act may be obligated or
17
expended to pay a contractor under a contract with the
18
Department of Defense for costs of any amount paid by
19
the contractor to an employee when—
20
(1) such costs are for a bonus or otherwise in
21
excess of the normal salary paid by the contractor
22
to the employee; and
23
(2) such bonus is part of restructuring costs as-
24
sociated with a business combination.
25
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(INCLUDING TRANSFER OF FUNDS)
1
SEC. 8050. During the current fiscal year, no more
2
than $30,000,000 of appropriations made in this Act
3
under the heading ‘‘Operation and Maintenance, Defense-
4
Wide’’ may be transferred to appropriations available for
5
the pay of military personnel, to be merged with, and to
6
be available for the same time period as the appropriations
7
to which transferred, to be used in support of such per-
8
sonnel in connection with support and services for eligible
9
organizations and activities outside the Department of De-
10
fense pursuant to section 2012 of title 10, United States
11
Code.
12
SEC. 8051. (a) Notwithstanding any other provision
13
of law, the Chief of the National Guard Bureau may per-
14
mit the use of equipment of the National Guard Distance
15
Learning Project by any person or entity on a space-avail-
16
able, reimbursable basis. The Chief of the National Guard
17
Bureau shall establish the amount of reimbursement for
18
such use on a case-by-case basis.
19
(b) Amounts collected under subsection (a) shall be
20
credited to funds available for the National Guard Dis-
21
tance Learning Project and be available to defray the costs
22
associated with the use of equipment of the project under
23
that subsection. Such funds shall be available for such
24
purposes without fiscal year limitation.
25
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SEC. 8052. (a) None of the funds appropriated or
1
otherwise made available by this or prior Acts may be obli-
2
gated or expended to retire, prepare to retire, or place in
3
storage or on backup aircraft inventory status any C–40
4
aircraft.
5
(b) The limitation under subsection (a) shall not
6
apply to an individual C–40 aircraft that the Secretary
7
of the Air Force determines, on a case-by-case basis, to
8
be no longer mission capable due to a Class A mishap.
9
(c) If the Secretary determines under subsection (b)
10
that an aircraft is no longer mission capable, the Secretary
11
shall submit to the congressional defense committees a
12
certification in writing that the status of such aircraft is
13
due to a Class A mishap and not due to lack of mainte-
14
nance, repairs, or other reasons.
15
(d) Not later than 90 days after the date of the enact-
16
ment of this Act, the Secretary of Defense shall submit
17
to the congressional defense committees a report on the
18
necessary steps taken by the Department of Defense to
19
meet the travel requirements for official or representa-
20
tional duties of members of Congress and the Cabinet in
21
fiscal years 2026 and 2027.
22
SEC. 8053. (a) None of the funds appropriated in
23
title IV of this Act may be used to procure end-items for
24
delivery to military forces for operational training, oper-
25
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ational use, or inventory requirements: Provided, That this
1
restriction does not apply to end-items used in develop-
2
ment, prototyping in accordance with an approved test
3
strategy, and test activities preceding and leading to ac-
4
ceptance for operational use.
5
(b) If the number of end-items budgeted with funds
6
appropriated in title IV of this Act exceeds the number
7
required in an approved test strategy, the Under Secretary
8
of Defense (Research and Engineering) and the Under
9
Secretary of Defense (Acquisition and Sustainment), in
10
coordination with the responsible Service Acquisition Ex-
11
ecutive, shall certify in writing to the congressional de-
12
fense committees that there is a bonafide need for the ad-
13
ditional end-items at the time of submittal to Congress
14
of the budget of the President for fiscal year 2027 pursu-
15
ant to section 1105 of title 31, United States Code: Pro-
16
vided, That this restriction does not apply to programs
17
funded within the National Intelligence Program.
18
(c) The Secretary of Defense shall, at the time of the
19
submittal to Congress of the budget of the President for
20
fiscal year 2027 pursuant to section 1105 of title 31,
21
United States Code, submit to the congressional defense
22
committees a report detailing the use of funds requested
23
in research, development, test and evaluation accounts for
24
end-items used in development, prototyping and test ac-
25
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tivities preceding and leading to acceptance for operational
1
use: Provided, That the report shall set forth, for each
2
end item covered by the preceding proviso, a detailed list
3
of the statutory authorities under which amounts in the
4
accounts described in that proviso were used for such item:
5
Provided further, That the Secretary of Defense shall, at
6
the time of the submittal to Congress of the budget of
7
the President for fiscal year 2027 pursuant to section
8
1105 of title 31, United States Code, submit to the con-
9
gressional defense committees a certification that funds
10
requested for fiscal year 2027 in research, development,
11
test and evaluation accounts are in compliance with this
12
section: Provided further, That the Secretary of Defense
13
may waive this restriction on a case-by-case basis by certi-
14
fying in writing to the Subcommittees on Defense of the
15
Committees on Appropriations of the House of Represent-
16
atives and the Senate that it is in the national security
17
interest to do so.
18
SEC. 8054. None of the funds appropriated or other-
19
wise made available by this or other Department of De-
20
fense Appropriations Acts may be obligated or expended
21
for the purpose of performing repairs or maintenance to
22
military family housing units of the Department of De-
23
fense, including areas in such military family housing
24
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units that may be used for the purpose of conducting offi-
1
cial Department of Defense business.
2
SEC. 8055. Notwithstanding any other provision of
3
law, funds appropriated in this Act under the heading
4
‘‘Research, Development, Test and Evaluation, Defense-
5
Wide’’ for any new start Defense Innovation Acceleration
6
(PE 0603838D8Z) or Rapid Prototyping Program (PE
7
0604331D8Z) demonstration project with a value of more
8
than $5,000,000 may only be obligated 15 days after a
9
report, including a description of the project, the planned
10
acquisition and transition strategy and its estimated an-
11
nual and total cost, has been provided in writing to the
12
congressional defense committees: Provided, That the Sec-
13
retary of Defense may waive this restriction on a case-
14
by-case basis by certifying to the congressional defense
15
committees that it is in the national interest to do so.
16
SEC. 8056. The Secretary of Defense shall continue
17
to provide a classified quarterly report to the Committees
18
on Appropriations of the House of Representatives and the
19
Senate, Subcommittees on Defense on certain matters as
20
directed in the classified annex accompanying this Act.
21
SEC. 8057. Notwithstanding section 12310(b) of title
22
10, United States Code, a servicemember who is a member
23
of the National Guard serving on full-time National Guard
24
duty under section 502(f) of title 32, United States Code,
25
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may perform duties in support of the ground-based ele-
1
ments of the National Ballistic Missile Defense System.
2
SEC. 8058. None of the funds provided in this Act
3
may be used to transfer to any nongovernmental entity
4
ammunition held by the Department of Defense that has
5
a center-fire cartridge and a United States military no-
6
menclature designation of ‘‘armor penetrator’’, ‘‘armor
7
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or
8
‘‘armor-piercing incendiary tracer (API–T)’’, except to an
9
entity performing demilitarization services for the Depart-
10
ment of Defense under a contract that requires the entity
11
to demonstrate to the satisfaction of the Department of
12
Defense that armor piercing projectiles are either: (1) ren-
13
dered incapable of reuse by the demilitarization process;
14
or (2) used to manufacture ammunition pursuant to a con-
15
tract with the Department of Defense or the manufacture
16
of ammunition for export pursuant to a License for Per-
17
manent Export of Unclassified Military Articles issued by
18
the Department of State.
19
SEC. 8059. Notwithstanding any other provision of
20
law, the Chief of the National Guard Bureau, or their des-
21
ignee, may waive payment of all or part of the consider-
22
ation that otherwise would be required under section 2667
23
of title 10, United States Code, in the case of a lease of
24
personal property for a period not in excess of 1 year to
25
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any organization specified in section 508(d) of title 32,
1
United States Code, or any other youth, social, or fra-
2
ternal nonprofit organization as may be approved by the
3
Chief of the National Guard Bureau, or their designee,
4
on a case-by-case basis.
5
(INCLUDING TRANSFER OF FUNDS)
6
SEC. 8060. Of the amounts appropriated in this Act
7
under the heading ‘‘Operation and Maintenance, Army’’,
8
$194,452,598 shall remain available until expended: Pro-
9
vided, That, notwithstanding any other provision of law,
10
the Secretary of Defense is authorized to transfer such
11
funds to other activities of the Federal Government: Pro-
12
vided further, That the Secretary of Defense is authorized
13
to enter into and carry out contracts for the acquisition
14
of real property, construction, personal services, and oper-
15
ations related to projects carrying out the purposes of this
16
section: Provided further, That contracts entered into
17
under the authority of this section may provide for such
18
indemnification as the Secretary determines to be nec-
19
essary: Provided further, That projects authorized by this
20
section shall comply with applicable Federal, State, and
21
local law to the maximum extent consistent with the na-
22
tional security, as determined by the Secretary of Defense.
23
SEC. 8061. (a) None of the funds appropriated in this
24
or any other Act may be used to implement a change to—
25
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(1) the appropriations account structure for the
1
National Intelligence Program budget, including
2
through the creation of a new appropriation or new
3
appropriation account; or
4
(2) how the National Intelligence Program
5
budget request is presented in the unclassified P–1,
6
R–1, and O–1 documents supporting the Depart-
7
ment of Defense budget request.
8
(b) Nothing in subsection (a) shall be construed to
9
prohibit the merger of programs or changes to the Na-
10
tional Intelligence Program budget at or below the Ex-
11
penditure Center level, provided such change is otherwise
12
in accordance with subsection (a).
13
(c) The Director of National Intelligence and the Sec-
14
retary of Defense may jointly study and develop detailed
15
proposals for alternative budget presentation and appro-
16
priation accounts. Such study shall include a comprehen-
17
sive counterintelligence risk assessment to ensure that
18
none of the alternative processes will adversely affect
19
counterintelligence.
20
(d) Upon development of the detailed proposals de-
21
fined under subsection (c), the Director of National Intel-
22
ligence and the Secretary of Defense shall—
23
(1) provide the proposed alternatives to all af-
24
fected agencies;
25
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(2) receive certification from all affected agen-
1
cies attesting that the proposed alternatives will not
2
adversely affect counterintelligence; and
3
(3) not later than 30 days after receiving all
4
necessary certifications under paragraph (2), present
5
the proposed alternatives and certifications to the
6
congressional defense and intelligence committees.
7
(INCLUDING TRANSFER OF FUNDS)
8
SEC. 8062. During the current fiscal year, not to ex-
9
ceed $11,000,000 from each of the appropriations made
10
in title II of this Act for ‘‘Operation and Maintenance,
11
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
12
ation and Maintenance, Air Force’’ may be transferred by
13
the military department concerned to its central fund es-
14
tablished for Fisher Houses and Suites pursuant to sec-
15
tion 2493(d) of title 10, United States Code.
16
(INCLUDING TRANSFER OF FUNDS)
17
SEC. 8063. In addition to amounts provided else-
18
where in this Act, $5,000,000 is hereby appropriated to
19
the Department of Defense, to remain available for obliga-
20
tion until expended: Provided, That notwithstanding any
21
other provision of law, that upon the determination of the
22
Secretary of Defense that it shall serve the national inter-
23
est, these funds shall be available only for a grant to the
24
Fisher House Foundation, Inc., only for the construction
25
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and furnishing of additional Fisher Houses to meet the
1
needs of military family members when confronted with
2
the illness or hospitalization of an eligible military bene-
3
ficiary.
4
(INCLUDING TRANSFER OF FUNDS)
5
SEC. 8064. Of the amounts appropriated for ‘‘Oper-
6
ation and Maintenance, Navy’’, up to $1,000,000 shall be
7
available for transfer to the John C. Stennis Center for
8
Public Service Development Trust Fund established under
9
section 116 of the John C. Stennis Center for Public Serv-
10
ice Training and Development Act (2 U.S.C. 1105).
11
SEC. 8065. None of the funds available to the De-
12
partment of Defense may be obligated to modify command
13
and control relationships to give Fleet Forces Command
14
operational and administrative control of United States
15
Navy forces assigned to the Pacific fleet: Provided, That
16
the command and control relationships which existed on
17
October 1, 2004, shall remain in force until a written
18
modification has been proposed to the Committees on Ap-
19
propriations of the House of Representatives and the Sen-
20
ate: Provided further, That the proposed modification may
21
be implemented 30 days after the notification unless an
22
objection is received from either the House or Senate Ap-
23
propriations Committees: Provided further, That any pro-
24
posed modification may not preclude the ability of the
25
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commander of United States Indo-Pacific Command to
1
meet operational requirements.
2
SEC. 8066. Any notice that is required to be sub-
3
mitted to the Committees on Appropriations of the House
4
of Representatives and the Senate under section 3601 of
5
title 10, United States Code, as added by section 804(a)
6
of the James M. Inhofe National Defense Authorization
7
Act for Fiscal Year 2023 shall be submitted pursuant to
8
that requirement concurrently to the Subcommittees on
9
Defense of the Committees on Appropriations of the
10
House of Representatives and the Senate.
11
SEC. 8067. Of the amounts appropriated in this Act
12
under the headings ‘‘Procurement, Defense-Wide’’ and
13
‘‘Research, Development, Test and Evaluation, Defense-
14
Wide’’, $500,000,000 shall be for the Israeli Cooperative
15
Programs: Provided, That of this amount, $60,000,000
16
shall be for the Secretary of Defense to provide to the Gov-
17
ernment of Israel for the procurement of the Iron Dome
18
defense system to counter short-range rocket threats, sub-
19
ject to the U.S.-Israel Iron Dome Procurement Agree-
20
ment; $127,000,000 shall be for the Short Range Ballistic
21
Missile Defense (SRBMD) program, including cruise mis-
22
sile defense research and development under the SRBMD
23
program; $40,000,000 shall be for co-production activities
24
of SRBMD systems in the United States and in Israel
25
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to meet Israel’s defense requirements consistent with each
1
nation’s laws, regulations, and procedures, subject to the
2
U.S.-Israeli
co-production
agreement
for
SRBMD;
3
$100,000,000 shall be for an upper-tier component to the
4
Israeli
Missile
Defense
Architecture,
of
which
5
$100,000,000 shall be for co-production activities of
6
Arrow 3 Upper Tier systems in the United States and in
7
Israel to meet Israel’s defense requirements consistent
8
with each nation’s laws, regulations, and procedures, sub-
9
ject to the U.S.-Israeli co-production agreement for Arrow
10
3 Upper Tier; and $173,000,000 shall be for the Arrow
11
System Improvement Program including development of
12
a long range, ground and airborne, detection suite.
13
SEC. 8068. Of the amounts appropriated in this Act
14
under the heading ‘‘Shipbuilding and Conversion, Navy’’,
15
$699,210,000 shall be available until September 30, 2026,
16
to fund prior year shipbuilding cost increases.
17
SEC. 8069. Funds appropriated by this Act for intel-
18
ligence and intelligence-related activities are deemed to be
19
specifically authorized by the Congress for purposes of sec-
20
tion 504(a)(1) of the National Security Act of 1947 (50
21
U.S.C. 3094(a)(1)) until the enactment of the Intelligence
22
Authorization Act for Fiscal Year 2026.
23
SEC. 8070. None of the funds provided in this Act
24
shall be available for obligation or expenditure through a
25
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reprogramming of funds that creates or initiates a new
1
program, project, or activity unless such program, project,
2
or activity must be undertaken immediately in the interest
3
of national security and only after written prior notifica-
4
tion to the congressional defense committees.
5
SEC. 8071. None of the funds in this Act may be
6
used for research, development, test, evaluation, procure-
7
ment or deployment of nuclear armed interceptors of a
8
missile defense system.
9
SEC. 8072. None of the funds appropriated or other-
10
wise made available by this Act may be obligated or ex-
11
pended for the purpose of decommissioning any Littoral
12
Combat Ship.
13
SEC. 8073. For purposes of section 1553(b) of title
14
31, United States Code, any subdivision of appropriations
15
made in this Act under the heading ‘‘Shipbuilding and
16
Conversion, Navy’’ shall be considered to be for the same
17
purpose as any subdivision under the heading ‘‘Ship-
18
building and Conversion, Navy’’ appropriations in any
19
prior fiscal year, and the 1 percent limitation shall apply
20
to the total amount of the appropriation.
21
SEC. 8074. None of the funds appropriated or made
22
available by this Act shall be used to reduce or disestablish
23
the operation of the 53rd Weather Reconnaissance Squad-
24
ron of the Air Force Reserve, if such action would reduce
25
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the WC–130 Weather Reconnaissance mission below the
1
levels funded in this Act: Provided, That the Air Force
2
shall allow the 53rd Weather Reconnaissance Squadron to
3
perform other missions in support of national defense re-
4
quirements during the non-hurricane season.
5
SEC. 8075. None of the funds provided in this Act
6
shall be available for integration of foreign intelligence in-
7
formation unless the information has been lawfully col-
8
lected and processed during the conduct of authorized for-
9
eign intelligence activities: Provided, That information
10
pertaining to United States persons shall only be handled
11
in accordance with protections provided in the Fourth
12
Amendment of the United States Constitution as imple-
13
mented through Executive Order No. 12333.
14
SEC. 8076. None of the funds appropriated by this
15
Act for programs of the Office of the Director of National
16
Intelligence shall remain available for obligation beyond
17
the current fiscal year, except for funds appropriated for
18
research and technology, which shall remain available until
19
September 30, 2027.
20
SEC. 8077. (a) Not later than 60 days after the date
21
of enactment of this Act, the Director of National Intel-
22
ligence shall submit a report to the congressional intel-
23
ligence committees to establish the baseline for application
24
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of reprogramming and transfer authorities for fiscal year
1
2026: Provided, That the report shall include—
2
(1) a table for each appropriation with a sepa-
3
rate column to display the President’s budget re-
4
quest, adjustments made by Congress, adjustments
5
due to enacted rescissions, if appropriate, and the
6
fiscal year enacted level;
7
(2) a delineation in the table for each appro-
8
priation by Expenditure Center and project; and
9
(3) an identification of items of special congres-
10
sional interest.
11
(b) None of the funds provided for the National Intel-
12
ligence Program in this Act shall be available for re-
13
programming or transfer until the report identified in sub-
14
section (a) is submitted to the congressional intelligence
15
committees, unless the Director of National Intelligence
16
certifies in writing to the congressional intelligence com-
17
mittees that such reprogramming or transfer is necessary
18
as an emergency requirement.
19
SEC. 8078. Any transfer of amounts appropriated to
20
the Department of Defense Acquisition Workforce Devel-
21
opment Account in or for fiscal year 2026 to a military
22
department or Defense Agency pursuant to section
23
1705(e)(1) of title 10, United States Code, shall be cov-
24
ered by and subject to section 8005 of this Act.
25
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SEC. 8079. (a) None of the funds provided for the
1
National Intelligence Program in this or any prior appro-
2
priations Act shall be available for obligation or expendi-
3
ture through a reprogramming or transfer of funds in ac-
4
cordance with section 102A(d) of the National Security
5
Act of 1947 (50 U.S.C. 3024(d)) that—
6
(1) creates a new start effort;
7
(2) terminates a program with appropriated
8
funding of $10,000,000 or more;
9
(3) transfers funding into or out of the Na-
10
tional Intelligence Program; or
11
(4) transfers funding between appropriations,
12
unless the congressional intelligence committees are
13
notified 30 days in advance of such reprogramming
14
of funds; this notification period may be reduced for
15
urgent national security requirements.
16
(b) None of the funds provided for the National Intel-
17
ligence Program in this or any prior appropriations Act
18
shall be available for obligation or expenditure through a
19
reprogramming or transfer of funds in accordance with
20
section 102A(d) of the National Security Act of 1947 (50
21
U.S.C. 3024(d)) that results in a cumulative increase or
22
decrease of the levels specified in the classified annex ac-
23
companying the Act unless the congressional intelligence
24
committees are notified 30 days in advance of such re-
25
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programming of funds; this notification period may be re-
1
duced for urgent national security requirements.
2
SEC. 8080. (a) Any agency receiving funds made
3
available in this Act, shall, subject to subsections (b) and
4
(c), post on the public website of that agency any report
5
required to be submitted by the Congress in this or any
6
other Act, upon the determination by the head of the agen-
7
cy that it shall serve the national interest.
8
(b) Subsection (a) shall not apply to a report if—
9
(1) the public posting of the report com-
10
promises national security; or
11
(2) the report contains proprietary information.
12
(c) The head of the agency posting such report shall
13
do so only after such report has been made available to
14
the requesting Committee or Committees of Congress for
15
no less than 45 days.
16
SEC. 8081. (a) None of the funds appropriated or
17
otherwise made available by this Act may be expended for
18
any Federal contract for an amount in excess of
19
$1,000,000, unless the contractor agrees not to—
20
(1) enter into any agreement with any of its
21
employees or independent contractors that requires,
22
as a condition of employment, that the employee or
23
independent contractor agree to resolve through ar-
24
bitration any claim under title VII of the Civil
25
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Rights Act of 1964 or any tort related to or arising
1
out of sexual assault or harassment, including as-
2
sault and battery, intentional infliction of emotional
3
distress, false imprisonment, or negligent hiring, su-
4
pervision, or retention; or
5
(2) take any action to enforce any provision of
6
an existing agreement with an employee or inde-
7
pendent contractor that mandates that the employee
8
or independent contractor resolve through arbitra-
9
tion any claim under title VII of the Civil Rights Act
10
of 1964 or any tort related to or arising out of sex-
11
ual assault or harassment, including assault and
12
battery, intentional infliction of emotional distress,
13
false imprisonment, or negligent hiring, supervision,
14
or retention.
15
(b) None of the funds appropriated or otherwise
16
made available by this Act may be expended for any Fed-
17
eral contract unless the contractor certifies that it requires
18
each covered subcontractor to agree not to enter into, and
19
not to take any action to enforce any provision of, any
20
agreement as described in paragraphs (1) and (2) of sub-
21
section (a), with respect to any employee or independent
22
contractor performing work related to such subcontract.
23
For purposes of this subsection, a ‘‘covered subcon-
24
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tractor’’ is an entity that has a subcontract in excess of
1
$1,000,000 on a contract subject to subsection (a).
2
(c) The prohibitions in this section do not apply with
3
respect to a contractor’s or subcontractor’s agreements
4
with employees or independent contractors that may not
5
be enforced in a court of the United States.
6
(d) The Secretary of Defense may waive the applica-
7
tion of subsection (a) or (b) to a particular contractor or
8
subcontractor for the purposes of a particular contract or
9
subcontract if the Secretary or the Deputy Secretary per-
10
sonally determines that the waiver is necessary to avoid
11
harm to national security interests of the United States,
12
and that the term of the contract or subcontract is not
13
longer than necessary to avoid such harm. The determina-
14
tion shall set forth with specificity the grounds for the
15
waiver and for the contract or subcontract term selected,
16
and shall state any alternatives considered in lieu of a
17
waiver and the reasons each such alternative would not
18
avoid harm to national security interests of the United
19
States. The Secretary of Defense shall transmit to Con-
20
gress, and simultaneously make public, any determination
21
under this subsection not less than 15 business days be-
22
fore the contract or subcontract addressed in the deter-
23
mination may be awarded.
24
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(INCLUDING TRANSFER OF FUNDS)
1
SEC. 8082. From within the funds appropriated for
2
operation and maintenance for the Defense Health Pro-
3
gram in this Act, up to $165,000,000, shall be available
4
for transfer to the Joint Department of Defense-Depart-
5
ment of Veterans Affairs Medical Facility Demonstration
6
Fund in accordance with the provisions of section 1704
7
of the National Defense Authorization Act for Fiscal Year
8
2010 (Public Law 111–84): Provided, That for purposes
9
of section 1704(b), the facility operations funded are oper-
10
ations of the integrated Captain James A. Lovell Federal
11
Health Care Center, consisting of the North Chicago Vet-
12
erans Affairs Medical Center, the Navy Ambulatory Care
13
Center, and supporting facilities designated as a combined
14
Federal medical facility as described by section 706 of
15
Public Law 110–417: Provided further, That additional
16
funds may be transferred from funds appropriated for op-
17
eration and maintenance for the Defense Health Program
18
to the Joint Department of Defense-Department of Vet-
19
erans Affairs Medical Facility Demonstration Fund upon
20
written notification by the Secretary of Defense to the
21
Committees on Appropriations of the House of Represent-
22
atives and the Senate.
23
SEC. 8083. None of the funds appropriated by this
24
Act or otherwise made available may be used by the De-
25
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partment of Defense or a component thereof in contraven-
1
tion of the provisions of section 130h of title 10, United
2
States Code.
3
SEC. 8084. Notwithstanding price or other limita-
4
tions applicable to the purchase of passenger carrying ve-
5
hicles, appropriations available to the Department of De-
6
fense may be used for the purchase of: (1) heavy and light
7
armored vehicles for the physical security of personnel or
8
for force protection purposes up to a limit of $450,000
9
per vehicle; and (2) passenger motor vehicles up to a limit
10
of $75,000 per vehicle for use by military and civilian em-
11
ployees of the Department of Defense in the United States
12
Central Command area of responsibility.
13
(INCLUDING TRANSFER OF FUNDS)
14
SEC. 8085. Upon a determination by the Director of
15
National Intelligence that such action is necessary and in
16
the national interest, the Director may, with the approval
17
of the Director of the Office of Management and Budget,
18
transfer not to exceed $1,500,000,000 of the funds made
19
available in this Act for the National Intelligence Pro-
20
gram: Provided, That such authority to transfer may not
21
be used unless for higher priority items, based on unfore-
22
seen intelligence requirements, than those for which origi-
23
nally appropriated and in no case where the item for which
24
funds are requested has been denied by the Congress: Pro-
25
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vided further, That a request for multiple reprogrammings
1
of funds using authority provided in this section shall be
2
made prior to June 30, 2026.
3
SEC. 8086. Of the amounts appropriated in this Act
4
for ‘‘Shipbuilding and Conversion, Navy’’, $206,019,000,
5
to remain available for obligation until September 30,
6
2030, may be used for the purchase of two used sealift
7
vessels for the National Defense Reserve Fleet, established
8
under section 11 of the Merchant Ship Sales Act of 1946
9
(46 U.S.C. 57100): Provided, That such amounts are
10
available for reimbursements to the Ready Reserve Force,
11
Maritime Administration account of the United States De-
12
partment of Transportation for programs, projects, activi-
13
ties, and expenses related to the National Defense Reserve
14
Fleet: Provided further, That notwithstanding section
15
2218 of title 10, United States Code, none of these funds
16
shall be transferred to the National Defense Sealift Fund
17
for execution.
18
SEC. 8087. The Secretary of Defense shall post grant
19
awards on a public website in a searchable format.
20
SEC. 8088. None of the funds made available by this
21
Act may be used by the National Security Agency to—
22
(1) conduct an acquisition pursuant to section
23
702 of the Foreign Intelligence Surveillance Act of
24
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1978 for the purpose of targeting a United States
1
person; or
2
(2) acquire, monitor, or store the contents (as
3
such term is defined in section 2510(8) of title 18,
4
United States Code) of any electronic communica-
5
tion of a United States person from a provider of
6
electronic communication services to the public pur-
7
suant to section 501 of the Foreign Intelligence Sur-
8
veillance Act of 1978.
9
SEC. 8089. None of the funds made available in this
10
or any other Act may be used to pay the salary of any
11
officer or employee of any agency funded by this Act who
12
approves or implements the transfer of administrative re-
13
sponsibilities or budgetary resources of any program,
14
project, or activity financed by this Act to the jurisdiction
15
of another Federal agency not financed by this Act with-
16
out the express authorization of Congress: Provided, That
17
this limitation shall not apply to transfers of funds ex-
18
pressly provided for in Department of Defense Appropria-
19
tions Acts, or provisions of Acts providing supplemental
20
appropriations for the Department of Defense.
21
SEC. 8090. Of the amounts appropriated in this Act
22
for ‘‘Operation and Maintenance, Navy’’, $785,052,000,
23
to remain available until expended, may be used for any
24
purposes related to the National Defense Reserve Fleet
25
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established under section 11 of the Merchant Ship Sales
1
Act of 1946 (46 U.S.C. 57100): Provided, That such
2
amounts are available for reimbursements to the Ready
3
Reserve Force, Maritime Administration account of the
4
United States Department of Transportation for pro-
5
grams, projects, activities, and expenses related to the Na-
6
tional Defense Reserve Fleet.
7
SEC. 8091. (a) None of the funds provided in this
8
Act for the TAO Fleet Oiler program shall be used to
9
award a new contract that provides for the acquisition of
10
the following components unless those components are
11
manufactured in the United States: Auxiliary equipment
12
(including pumps) for shipboard services; propulsion
13
equipment (including engines, reduction gears, and propel-
14
lers); shipboard cranes; spreaders for shipboard cranes;
15
and anchor chains, specifically for the seventh and subse-
16
quent ships of the fleet.
17
(b) None of the funds provided in this Act for the
18
FFG–Frigate program shall be used to award a new con-
19
tract that provides for the acquisition of the following
20
components unless those components are manufactured in
21
the United States: Air circuit breakers; gyrocompasses;
22
electronic navigation chart systems; steering controls;
23
pumps; propulsion and machinery control systems; totally
24
enclosed lifeboats; auxiliary equipment pumps; shipboard
25
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cranes; auxiliary chill water systems; and propulsion pro-
1
pellers: Provided, That the Secretary of the Navy shall in-
2
corporate United States manufactured propulsion engines
3
and propulsion reduction gears into the FFG–Frigate pro-
4
gram beginning not later than with the eleventh ship of
5
the program.
6
SEC. 8092. None of the funds provided in this Act
7
for requirements development, performance specification
8
development, concept design and development, ship con-
9
figuration development, systems engineering, naval archi-
10
tecture, marine engineering, operations research analysis,
11
industry studies, preliminary design, development of the
12
Detailed Design and Construction Request for Proposals
13
solicitation package, or related activities for the T–
14
ARC(X) Cable Laying and Repair Ship or the T–
15
AGOS(X) Oceanographic Surveillance Ship may be used
16
to award a new contract for such activities unless these
17
contracts include specifications that all auxiliary equip-
18
ment, including pumps and propulsion shafts, are manu-
19
factured in the United States.
20
SEC. 8093. No amounts credited or otherwise made
21
available in this or any other Act to the Department of
22
Defense Acquisition Workforce Development Account may
23
be transferred to:
24
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(1) the Rapid Prototyping Fund established
1
under section 804(d) of the National Defense Au-
2
thorization Act for Fiscal Year 2016 (10 U.S.C.
3
2302 note); or
4
(2) credited to a military-department specific
5
fund established under section 804(d)(2) of the Na-
6
tional Defense Authorization Act for Fiscal Year
7
2016.
8
SEC. 8094. None of the funds made available by this
9
Act may be used for Government Travel Charge Card ex-
10
penses by military or civilian personnel of the Department
11
of Defense for gaming, or for entertainment that includes
12
topless or nude entertainers or participants, as prohibited
13
by Department of Defense Instruction 1015.10 (enclo-
14
sures 3 and 14b).
15
SEC. 8095. (a) None of the funds appropriated or
16
otherwise made available by this Act may be used to main-
17
tain or establish a computer network unless such network
18
is designed to block access to pornography websites.
19
(b) Nothing in subsection (a) shall limit the use of
20
funds necessary for any Federal, State, tribal, or local law
21
enforcement agency or any other entity carrying out crimi-
22
nal investigations, prosecution, or adjudication activities,
23
or for any activity necessary for the national defense, in-
24
cluding intelligence activities.
25
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SEC. 8096. None of the funds provided for, or other-
1
wise made available, in this or any other Act, may be obli-
2
gated or expended by the Secretary of Defense to provide
3
motorized vehicles, aviation platforms, munitions other
4
than small arms and munitions appropriate for customary
5
ceremonial honors, operational military units, or oper-
6
ational military platforms if the Secretary determines that
7
providing such units, platforms, or equipment would un-
8
dermine the readiness of such units, platforms, or equip-
9
ment.
10
SEC. 8097. (a) None of the funds made available by
11
this or any other Act may be used to enter into a contract,
12
memorandum of understanding, or cooperative agreement
13
with, make a grant to, or provide a loan or loan guarantee
14
to any corporation that has any unpaid Federal tax liabil-
15
ity that has been assessed, for which all judicial and ad-
16
ministrative remedies have been exhausted or have lapsed,
17
and that is not being paid in a timely manner pursuant
18
to an agreement with the authority responsible for col-
19
lecting such tax liability, provided that the applicable Fed-
20
eral agency is aware of the unpaid Federal tax liability.
21
(b) Subsection (a) shall not apply if the applicable
22
Federal agency has considered suspension or debarment
23
of the corporation described in such subsection and has
24
made a determination that such suspension or debarment
25
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is not necessary to protect the interests of the Federal
1
Government.
2
SEC. 8098. (a) Amounts appropriated under title IV
3
of this Act, as detailed in budget activity eight in the ta-
4
bles titled Explanation of Project Level Adjustments in
5
the explanatory statement regarding this Act, may be used
6
for expenses for the agile research, development, test and
7
evaluation, procurement, production, modification, and op-
8
eration and maintenance, only for the following Software
9
and Digital Technology Pilot programs—
10
(1) Defensive CYBER (PE 0608041A);
11
(2)
Risk
Management
Information
(PE
12
0608013N);
13
(3) Maritime Tactical Command and Control
14
(PE 0608231N);
15
(4) Space Domain Awareness/Planning/Tasking
16
SW (PE 1208248SF);
17
(5) Global Command and Control System (PE
18
0303150K); and
19
(6) Acquisition Visibility (PE 0608648D8Z).
20
(b) None of the funds appropriated by this or prior
21
Department of Defense Appropriations Acts may be obli-
22
gated or expended to initiate additional Software and Dig-
23
ital Technology Pilot Programs in fiscal year 2026.
24
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SEC. 8099. None of the funds appropriated or other-
1
wise made available by this Act may be used to transfer
2
the National Reconnaissance Office to the Space Force:
3
Provided, That nothing in this Act shall be construed to
4
limit or prohibit cooperation, collaboration, and coordina-
5
tion between the National Reconnaissance Office and the
6
Space Force or any other elements of the Department of
7
Defense.
8
SEC. 8100. None of the funds made available in this
9
Act may be used in contravention of the following laws
10
enacted or regulations promulgated to implement the
11
United Nations Convention Against Torture and Other
12
Cruel, Inhuman or Degrading Treatment or Punishment
13
(done at New York on December 10, 1984):
14
(1) Section 2340A of title 18, United States
15
Code.
16
(2) Section 2242 of the Foreign Affairs Reform
17
and Restructuring Act of 1998 (division G of Public
18
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231
19
note) and regulations prescribed thereto, including
20
regulations under part 208 of title 8, Code of Fed-
21
eral Regulations, and part 95 of title 22, Code of
22
Federal Regulations.
23
(3) Sections 1002 and 1003 of Public Law
24
109–148.
25
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SEC. 8101. None of the funds appropriated or other-
1
wise made available by this Act may be used to provide
2
arms, training, intelligence, or other assistance to the Azov
3
Battalion, the Third Separate Assault Brigade, or any
4
successor organization.
5
SEC. 8102. During the current fiscal year, the De-
6
partment of Defense is authorized to incur obligations of
7
not to exceed $350,000,000 for purposes specified in sec-
8
tion 2350j(c) of title 10, United States Code, in anticipa-
9
tion of receipt of contributions, only from the Government
10
of Kuwait, under that section: Provided, That, such con-
11
tributions shall, upon receipt, be credited to the appropria-
12
tions or fund which incurred such obligations.
13
SEC. 8103. Of the amounts appropriated in this Act
14
under the heading ‘‘Operation and Maintenance, Defense-
15
Wide’’, for the Defense Security Cooperation Agency,
16
$1,274,174,000, to remain available until September 30,
17
2027, shall be available for International Security Co-
18
operation Programs and other programs to provide sup-
19
port and assistance to foreign security forces or other
20
groups or individuals to conduct, support or facilitate
21
counterterrorism, crisis response, or building partner ca-
22
pacity programs: Provided, That the Secretary of Defense
23
shall, not less than 15 days prior to obligating funds made
24
available in this section, notify the congressional defense
25
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•HR 4016 RH
committees in writing of the details of any planned obliga-
1
tion: Provided further, That the Secretary of Defense shall
2
provide quarterly reports to the Committees on Appropria-
3
tions of the House of Representatives and the Senate on
4
the use and status of funds made available in this section.
5
SEC. 8104. Of the amounts appropriated in this Act
6
under the heading ‘‘Operation and Maintenance, Defense-
7
Wide’’, for the Defense Security Cooperation Agency,
8
$267,298,000, to remain available until September 30,
9
2027, shall be available to reimburse countries other than
10
Pakistan under section 1226 of the National Defense Au-
11
thorization Act for Fiscal Year 2016 (22 U.S.C. 2151
12
note), of which not less than $150,000,000 shall be for
13
Jordan: Provided, That the Secretary of Defense shall, not
14
less than 15 days prior to obligating funds made available
15
in this section, notify the congressional defense commit-
16
tees in writing of the details of any planned obligation and
17
the nature of the expenses incurred: Provided further,
18
That the Secretary of Defense shall provide quarterly re-
19
ports to the Committees on Appropriations of the House
20
of Representatives and the Senate on the use and status
21
of funds made available in this section.
22
SEC. 8105. Of the amounts appropriated in this Act
23
under the heading ‘‘Operation and Maintenance, Defense-
24
Wide’’, for the Defense Security Cooperation Agency,
25
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$500,000,000, to remain available until September 30,
1
2027, shall be for the Taiwan Security Cooperation Initia-
2
tive: Provided, That such funds shall be available to the
3
Secretary of Defense, with the concurrence of the Sec-
4
retary of State, to provide assistance, including new pro-
5
curement of defense articles, services, and military edu-
6
cation and training to Taiwan: Provided further, That the
7
Secretary of Defense shall provide quarterly reports to the
8
congressional defense committees on the use and status
9
of funds made available in this section.
10
SEC. 8106. None of the funds appropriated or other-
11
wise made available by this Act may be used in contraven-
12
tion of the War Powers Resolution (50 U.S.C. 1541 et
13
seq.).
14
SEC. 8107. None of the funds appropriated or other-
15
wise made available by this Act for excess defense articles,
16
assistance under section 333 of title 10, United States
17
Code, or peacekeeping operations for the countries des-
18
ignated annually to be in violation of the standards of the
19
Child Soldiers Prevention Act of 2008 (Public Law 110–
20
457; 22 U.S.C. 2370c–1) may be used to support any mili-
21
tary training or operation that includes child soldiers, as
22
defined by the Child Soldiers Prevention Act of 2008, un-
23
less such assistance is otherwise permitted under section
24
404 of the Child Soldiers Prevention Act of 2008.
25
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SEC. 8108. None of the funds appropriated or other-
1
wise made available by this Act may be made available
2
for any member of Hamas, Hezbollah, the Houthis, or the
3
Taliban.
4
SEC. 8109. None of the funds appropriated or other-
5
wise made available by this Act may be made available
6
for the United Nations Relief and Works Agency.
7
SEC. 8110. Notwithstanding any other provision of
8
law, any transfer of funds, appropriated or otherwise made
9
available by this Act, for support to friendly foreign coun-
10
tries in connection with the conduct of operations in which
11
the United States is not participating, pursuant to section
12
331(d) of title 10, United States Code, shall be made in
13
accordance with section 8005 of this Act.
14
SEC. 8111. (a) None of the funds appropriated or
15
otherwise made available by this or any other Act may
16
be used by the Secretary of Defense, or any other official
17
or officer of the Department of Defense, to enter into a
18
contract, memorandum of understanding, or cooperative
19
agreement with, or make a grant to, or provide a loan
20
or loan guarantee to Rosoboronexport or any subsidiary
21
of Rosoboronexport.
22
(b) The Secretary of Defense may waive the limita-
23
tion in subsection (a) if the Secretary, in consultation with
24
the Secretary of State and the Director of National Intel-
25
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•HR 4016 RH
ligence, determines that it is in the vital national security
1
interest of the United States to do so, and certifies in writ-
2
ing to the congressional defense committees that—
3
(1) Rosoboronexport has ceased the transfer of
4
lethal military equipment to, and the maintenance of
5
existing lethal military equipment for, the Govern-
6
ment of the Syrian Arab Republic;
7
(2) the armed forces of the Russian Federation
8
have withdrawn from Ukraine; and
9
(3) agents of the Russian Federation have
10
ceased taking active measures to destabilize the con-
11
trol of the Government of Ukraine over eastern
12
Ukraine.
13
(c) The Inspector General of the Department of De-
14
fense shall conduct a review of any action involving
15
Rosoboronexport with respect to a waiver issued by the
16
Secretary of Defense pursuant to subsection (b), and not
17
later than 90 days after the date on which such a waiver
18
is issued by the Secretary of Defense, the Inspector Gen-
19
eral shall submit to the congressional defense committees
20
a report containing the results of the review conducted
21
with respect to such waiver.
22
SEC. 8112. The Secretary of Defense shall notify the
23
congressional defense committees in writing not more than
24
30 days after the receipt of any contribution of funds re-
25
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•HR 4016 RH
ceived from the government of a foreign country for any
1
purpose relating to the stationing or operations of the
2
United States Armed Forces: Provided, That such notifi-
3
cation shall include the amount of the contribution; the
4
purpose for which such contribution was made; and the
5
authority under which such contribution was accepted by
6
the Secretary of Defense: Provided further, That not fewer
7
than 15 days prior to obligating such funds, the Secretary
8
of Defense shall submit to the congressional defense com-
9
mittees in writing a notification of the planned use of such
10
contributions, including whether such contributions would
11
support existing or new stationing or operations of the
12
United States Armed Forces.
13
SEC. 8113. (a) The Chairman of the Joint Chiefs,
14
in coordination with the Secretaries of the military depart-
15
ments and the Chiefs of the Armed Forces, shall submit
16
to the congressional defense committees, not later than 30
17
days after the last day of each quarter of the fiscal year,
18
a report on the use of operation and maintenance funds
19
for activities or exercises in excess of $5,000,000 that have
20
been designated by the Secretary of Defense as unplanned
21
activities for fiscal year 2026.
22
(b) Each report required by subsection (a) shall also
23
include—
24
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(1) the title, date, and location, of each activity
1
and exercise covered by the report;
2
(2) an identification of the military department
3
and units that participated in each such activity or
4
exercise (including an estimate of the number of
5
participants);
6
(3) the total cost of the activity or exercise, by
7
budget line item (with a breakdown by cost element
8
such as transportation); and
9
(4) a short explanation of the objective of the
10
activity or exercise.
11
(c) The report required by subsection (a) shall be
12
submitted in unclassified form, but may include a classi-
13
fied annex.
14
SEC. 8114. Concurrent with any exercise of the draw-
15
down authority provided by Section 506 of the Foreign
16
Assistance Act of 1961 (22 U.S.C. 2318), the Secretary
17
of Defense shall submit a written report to the Commit-
18
tees on Appropriations of the House of Representatives
19
and the Senate that contains a description of the defense
20
articles and defense services to be furnished, including the
21
quantity, approximate value, and a timeline for the deliv-
22
ery of such defense articles and defense services, as well
23
as an estimate of the cost to replace such article or an
24
equivalent capability.
25
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SEC. 8115. Not later than 15 days after the date on
1
which any foreign base that involves the stationing or op-
2
erations of the United States Armed Forces, including a
3
temporary base, permanent base, or base owned and oper-
4
ated by a foreign country, is opened or closed, the Sec-
5
retary of Defense shall notify the congressional defense
6
committees in writing of the opening or closing of such
7
base: Provided, That such notification shall also include
8
information on any personnel changes, costs, and savings
9
associated with the opening or closing of such base.
10
SEC. 8116. None of the funds appropriated or other-
11
wise made available by this or any other Act shall be obli-
12
gated or expended by the United States Government for
13
any of the following purposes:
14
(1) To establish any military installation or
15
base for the purpose of providing for the permanent
16
stationing of United States Armed Forces in Iraq.
17
(2) To exercise United States control over any
18
oil resource of Iraq or Syria.
19
SEC. 8117. Up to $500,000,000 of the funds appro-
20
priated by this Act under the heading ‘‘Operation and
21
Maintenance, Defense-Wide’’ for the Defense Security Co-
22
operation Agency may be used to support the armed forces
23
of Jordan.
24
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SEC. 8118. Beginning on the date that is 180 days
1
after the date of the enactment of this Act, none of the
2
funds appropriated by this Act or otherwise made avail-
3
able for the United States Northern Command may be
4
used to carry out any activity with respect to Mexico, ex-
5
cept for activities directly related to the planning and
6
operational requirements established under Executive
7
Order 14167 (90 Fed. Reg. 8613; relating to Clarifying
8
the Military’s Role in Protecting the Territorial Integrity
9
of the United States) or a successor directive: Provided,
10
That any such funds that are unobligated as of such date
11
and that were previously made available to the United
12
States Northern Command for activities with respect to
13
Mexico (other than the activities to which the exception
14
in the preceding provision of this section applies) shall in-
15
stead be made available to the United States Southern
16
Command to carry out activities with respect to Mexico
17
in a manner consistent with applicable law and subject to
18
approval of a revised Unified Command Plan by the Presi-
19
dent: Provided further, That the preceding provisions of
20
this section shall not apply if the President determines
21
that reassignment of responsibility for Mexico from the
22
United States Northern Command to the United States
23
Southern Command is not necessary or appropriate and
24
the Secretary of Defense, not later than 30 days after such
25
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determination is made, submits a report to the Commit-
1
tees on Appropriations of the House of Representatives
2
and the Senate detailing the rationale for keeping Mexico
3
in the area of responsibility of the United States Northern
4
Command, including operational, strategic, and diplomatic
5
considerations: Provided further, That nothing in this sec-
6
tion shall be construed to limit the President’s authority
7
as Commander in Chief to assign command responsibil-
8
ities or direct military operations.
9
SEC. 8119. In addition to amounts appropriated in
10
title II or otherwise made available elsewhere in this Act,
11
$1,500,000,000 is hereby appropriated to the Department
12
of Defense and made available for transfer to the oper-
13
ation and maintenance accounts of the Army, Navy, Ma-
14
rine Corps, Air Force, and Space Force (including Na-
15
tional Guard and Reserve) for purposes of improving mili-
16
tary readiness: Provided, That the transfer authority pro-
17
vided under this section is in addition to any other trans-
18
fer authority provided elsewhere in this Act: Provided fur-
19
ther, That none of the funds provided under this section
20
may be obligated or expended until 30 days after the Sec-
21
retary of Defense provides the Committees on Appropria-
22
tions of the House of Representatives and the Senate a
23
detailed execution plan for such funds.
24
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SEC. 8120. The amounts appropriated in title II of
1
this Act are hereby reduced by $750,000,000 to reflect
2
excess cash balances in Department of Defense Working
3
Capital Funds, as follows:
4
(1) From ‘‘Operation and Maintenance, Army’’,
5
$100,000,000;
6
(2) From ‘‘Operation and Maintenance, Navy’’,
7
$450,000,000; and
8
(3) From ‘‘Operation and Maintenance, Air
9
Force’’, $200,000,000.
10
SEC. 8121. (a) Within 45 days of enactment of this
11
Act, the Secretary of Defense shall allocate amounts made
12
available from the Creating Helpful Incentives to Produce
13
Semiconductors (CHIPS) for America Defense Fund for
14
fiscal year 2026 pursuant to the transfer authority in sec-
15
tion 102(b)(1) of the CHIPS Act of 2022 (division A of
16
Public Law 117–167), to the account specified, in the
17
amounts specified, and for the projects and activities spec-
18
ified, in the table titled ‘‘Department of Defense Alloca-
19
tion of Funds: CHIPS and Science Act Fiscal Year 2026’’
20
in the explanatory statement regarding this Act.
21
(b) Neither the President nor his designee may allo-
22
cate any amounts that are made available for any fiscal
23
year under section 102(b)(2) of the CHIPS Act of 2022
24
if there is in effect an Act making or continuing appro-
25
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priations for part of a fiscal year for the Department of
1
Defense: Provided, That in any fiscal year, the matter pre-
2
ceding this proviso shall not apply to the allocation, appor-
3
tionment, or allotment of amounts for continuing adminis-
4
tration of programs allocated using funds transferred from
5
the CHIPS for America Defense Fund, which may be allo-
6
cated pursuant to the transfer authority in section
7
102(b)(1) of the CHIPS Act of 2022 only in amounts that
8
are no more than the allocation for such purposes in sub-
9
section (a) of this section.
10
(c) The Secretary of Defense may reallocate funds
11
allocated by subsection (a) of this section, subject to the
12
terms and conditions contained in the provisos in section
13
8005 of this Act: Provided, That amounts may be reallo-
14
cated pursuant to this subsection only for those require-
15
ments necessary to carry out section 9903(b) of the Wil-
16
liam M. (Mac) Thornberry National Defense Authoriza-
17
tion Act for Fiscal Year 2021 (Public Law 116–283).
18
(d) Concurrent with the annual budget submission of
19
the President for fiscal year 2027, the Secretary of De-
20
fense shall submit to the Committees on Appropriations
21
of the House of Representatives and the Senate proposed
22
allocations by account and by program, project, or activity,
23
with detailed justifications, for amounts made available
24
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under section 102(b)(2) of the CHIPS Act of 2022 for
1
fiscal year 2027.
2
(e) The Department of Defense shall provide the
3
Committees on Appropriations of the House of Represent-
4
atives and Senate quarterly reports on the status of bal-
5
ances of projects and activities funded by the CHIPS for
6
America Defense Fund for amounts allocated pursuant to
7
subsection (a) of this section, including all uncommitted,
8
committed, and unobligated funds.
9
SEC. 8122. In carrying out the program described in
10
the memorandum on the subject of ‘‘Policy for Assisted
11
Reproductive Services for the Benefit of Seriously or Se-
12
verely Ill/Injured (Category II or III) Active Duty Service
13
Members’’ issued by the Assistant Secretary of Defense
14
for Health Affairs on April 3, 2012, and the guidance
15
issued to implement such memorandum, the Secretary of
16
Defense shall apply such policy and guidance, except
17
that—
18
(1) the limitation on periods regarding embryo
19
cryopreservation and storage set forth in part III(G)
20
and in part IV(H) of such memorandum shall not
21
apply; and
22
(2) the term ‘‘assisted reproductive technology’’
23
shall include embryo cryopreservation and storage
24
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without
limitation
on
the
duration
of
such
1
cryopreservation and storage.
2
SEC. 8123. The Secretary of Defense may obligate
3
funds made available by this Act for procurement or for
4
research, development, test and evaluation for the F–35
5
Joint Strike Fighter to modify not fewer than nine F–
6
35 aircraft, including at least three F–35 aircraft of each
7
variant, for any test configuration: Provided, That the
8
Secretary of Defense shall, with the concurrence of the
9
Secretary of the Air Force and the Secretary of the Navy,
10
notify the congressional defense committees not fewer
11
than 30 days prior to obligating funds under this section:
12
Provided further, That any transfer of funds pursuant to
13
the authority provided in this section shall be made in ac-
14
cordance with section 8005 of this Act.
15
SEC. 8124. None of the funds appropriated or other-
16
wise made available by this or any other Act may be obli-
17
gated to integrate an alternative engine on any F–35 air-
18
craft.
19
SEC. 8125. The Secretary of Defense may use up to
20
$650,000,000 of the amounts appropriated or otherwise
21
made available by this Act to the Department of Defense
22
for the rapid acquisition and deployment of supplies and
23
associated support services pursuant to section 3601 of
24
title 10, United States Code, but only for the purposes
25
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specified in clauses (i), (ii), (iii), and (iv) of subsection
1
(c)(3)(B) of such section and subject to the applicable lim-
2
its specified in clauses (i), (ii), and (iii) of such subsection
3
and, in the case of clause (iv) of such subsection, subject
4
to a limit of $50,000,000, or for the purposes specified
5
in section 229 of the National Defense Authorization Act
6
for Fiscal Year 2024 (Public Law 118–31) and subject
7
to a limit of $100,000,000: Provided, That the Secretary
8
of Defense shall notify the congressional defense commit-
9
tees promptly of all uses of this authority.
10
SEC. 8126. There is appropriated to the ‘‘Depart-
11
ment of Defense Credit Program Account’’ established
12
pursuant to section 149(e)(5) of title 10, United States
13
Code, $97,770,000, to remain available until expended, to
14
carry out a pilot program on capital assistance to support
15
defense investment in the industrial base as authorized by
16
section 149(e) of such title, of which up to $32,566,000
17
may be used for administrative expenses and project-spe-
18
cific transaction costs: Provided, That costs of loans and
19
loan guarantees, including the cost of modifying such
20
loans and loan guarantees, shall be as defined in section
21
502 of the Congressional Budget Act of 1974: Provided
22
further, That such amounts are available to subsidize gross
23
obligations for the principal amount of loans, and total
24
loan principal, any part of which is to be guaranteed, not
25
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to exceed $4,390,000,000: Provided further, That, for the
1
purposes of carrying out the Congressional Budget Act of
2
1974, the Director of the Congressional Budget Office
3
may request, and the Secretary shall promptly provide
4
documentation and information relating to a project re-
5
ceiving capital assistance as authorized under section
6
149(e) of such title.
7
SEC. 8127. Notwithstanding section 8053 of this Act,
8
amounts appropriated under the heading ‘‘Research, De-
9
velopment, Test and Evaluation, Defense-Wide’’ of this
10
Act, as detailed in budget activity eight in the tables titled
11
Explanation of Project Level Adjustments in the report
12
accompanying this Act for ‘‘Defense Innovation Unit
13
(DIU) Fielding’’ line 294A, may be used for expenses for
14
agile research, development, test and evaluation, procure-
15
ment, production, modification, and operation and mainte-
16
nance requirements, including the initial acquisition of
17
end-items for operational use: Provided, That none of
18
these funds may be obligated or expended until 15 days
19
after the Secretary of Defense provides the Committees
20
on Appropriations of the House of Representatives and the
21
Senate a detailed execution plan for such funds.
22
SEC. 8128. Amounts appropriated under the heading
23
‘‘Procurement, Defense-Wide’’ of this Act, as detailed in
24
budget activity one in the tables titled Explanation of
25
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Project Level Adjustments in the explanatory statement
1
regarding this Act for ‘‘Major Equipment, OSD’’ line 2
2
for ‘‘Accelerate the Procurement and Fielding of Innova-
3
tive Technologies (APFIT)’’, that exceed the amounts re-
4
quested may, in addition to such uses as are otherwise
5
authorized by law, be used for the procurement of software
6
(including software-only solutions), the research, develop-
7
ment, test, and evaluation of software (including software-
8
only solutions), and operation and maintenance of soft-
9
ware (including software-only solutions): Provided, That
10
not less frequently than biannually through September 30,
11
2028, the Secretary of Defense shall provide to the con-
12
gressional defense committees a briefing on transition out-
13
comes for APFIT acquisition awards made using amounts
14
appropriated in this Act and previous Acts.
15
SEC. 8129. None of the funds appropriated by this
16
Act or otherwise made available may be used to support,
17
directly or indirectly, the Wuhan Institute of Virology, or
18
any laboratory owned or controlled by the governments of
19
the People’s Republic of China, the Republic of Cuba, the
20
Islamic Republic of Iran, the Democratic People’s Repub-
21
lic of Korea, the Russian Federation, the Bolivarian Re-
22
public of Venezuela under the Maduro regime, or any
23
other country determined by the Secretary of Defense,
24
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with the concurrence of the Secretary of State, to be a
1
foreign adversary.
2
SEC. 8130. None of the funds appropriated or other-
3
wise made available by this Act may be used to fund any
4
work to be performed by EcoHealth Alliance, Inc.
5
SEC. 8131. None of the funds appropriated or other-
6
wise made available in this or any other Act may be used
7
to transfer, release, or assist in the transfer or release to
8
or within the United States, its territories, or possessions
9
Khalid Sheikh Mohammed or any other detainee who—
10
(1) is not a United States citizen or a member
11
of the Armed Forces of the United States; and
12
(2) is or was held on or after June 24, 2009,
13
at United States Naval Station, Guantanamo Bay,
14
Cuba, by the Department of Defense.
15
SEC. 8132. None of the funds appropriated or other-
16
wise made available by this Act may be used to transfer
17
any individual detained at United States Naval Station
18
Guantanamo Bay, Cuba, to the custody or control of the
19
individual’s country of origin, any other foreign country,
20
or any other foreign entity except in accordance with sec-
21
tion 1034 of the National Defense Authorization Act for
22
Fiscal Year 2016 (Public Law 114–92) and section 1035
23
of the John S. McCain National Defense Authorization
24
Act for Fiscal Year 2019 (Public Law 115–232).
25
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SEC. 8133. (a) None of the funds appropriated or
1
otherwise made available in this or any other Act may be
2
used to construct, acquire, or modify any facility in the
3
United States, its territories, or possessions to house any
4
individual described in subsection (c) for the purposes of
5
detention or imprisonment in the custody or under the ef-
6
fective control of the Department of Defense.
7
(b) The prohibition in subsection (a) shall not apply
8
to any modification of facilities at United States Naval
9
Station, Guantanamo Bay, Cuba.
10
(c) An individual described in this subsection is any
11
individual who, is or was held on or after June 24, 2009,
12
at United States Naval Station, Guantanamo Bay, Cuba,
13
and who—
14
(1) is not a citizen of the United States or a
15
member of the Armed Forces of the United States;
16
and
17
(2) is—
18
(A) in the custody or under the effective
19
control of the Department of Defense; or
20
(B) otherwise under detention at United
21
States Naval Station, Guantanamo Bay, Cuba.
22
SEC. 8134. None of the funds made available by this
23
Act may be used to carry out the closure or realignment
24
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of the United States Naval Station, Guantanamo Bay,
1
Cuba.
2
SEC. 8135. None of the funds appropriated or other-
3
wise made available by this Act may be used to enforce
4
any COVID-19 mask mandates.
5
SEC. 8136. None of the funds appropriated or other-
6
wise made available by this Act may be used to require
7
a member of the Armed Forces or a civilian employee of
8
the Department of Defense to receive a vaccination
9
against COVID-19.
10
SEC. 8137. None of the funds appropriated or other-
11
wise made available by this Act may be used to require
12
vaccination against COVID-19 as a prerequisite for stu-
13
dent attendance at a Department of Defense Education
14
Activity school.
15
SEC. 8138. None of the funds appropriated or other-
16
wise made available by this Act may be used, with regards
17
to a member of the Armed Forces with a minor dependent
18
child enrolled in an Exceptional Family Member Program
19
(EFMP)—
20
(1) to provide gender transition procedures, in-
21
cluding surgery or medication, to such child through
22
such EFMP;
23
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(2) to provide a referral for a procedure de-
1
scribed in paragraph (1) to such child through such
2
EFMP; or
3
(3) to approve a change of duty station for such
4
member through such EFMP for the purpose of pro-
5
viding such child with access to procedures described
6
in paragraph (1).
7
SEC. 8139. (a) IN GENERAL.—Notwithstanding sec-
8
tion 7 of title 1, United States Code, section 1738C of
9
title 28, United States Code, or any other provision of law,
10
none of the funds provided by this Act, or previous appro-
11
priations Acts, shall be used in whole or in part to take
12
any discriminatory action against a person, wholly or par-
13
tially, on the basis that such person speaks, or acts, in
14
accordance with a sincerely held religious belief, or moral
15
conviction, that marriage is, or should be recognized as,
16
a union of one man and one woman.
17
(b) DISCRIMINATORY ACTION DEFINED.—As used in
18
subsection (a), a discriminatory action means any action
19
taken by the Federal Government to—
20
(1) alter in any way the Federal tax treatment
21
of, or cause any tax, penalty, or payment to be as-
22
sessed against, or deny, delay, or revoke an exemp-
23
tion from taxation under section 501(a) of the Inter-
24
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nal Revenue Code of 1986 of, any person referred to
1
in subsection (a);
2
(2) disallow a deduction for Federal tax pur-
3
poses of any charitable contribution made to or by
4
such person;
5
(3) withhold, reduce the amount or funding for,
6
exclude, terminate, or otherwise make unavailable or
7
deny, any Federal grant, contract, subcontract, co-
8
operative agreement, guarantee, loan, scholarship, li-
9
cense, certification, accreditation, employment, or
10
other similar position or status from or to such per-
11
son;
12
(4) withhold, reduce, exclude, terminate, or oth-
13
erwise make unavailable or deny, any entitlement or
14
benefit under a Federal benefit program, including
15
admission to, equal treatment in, or eligibility for a
16
degree from an educational program, from or to
17
such person; or
18
(5) withhold, reduce, exclude, terminate, or oth-
19
erwise make unavailable or deny access or an entitle-
20
ment to Federal property, facilities, educational in-
21
stitutions, speech fora (including traditional, limited,
22
and nonpublic fora), or charitable fundraising cam-
23
paigns from or to such person.
24
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(c) ACCREDITATION; LICENSURE; CERTIFICATION.—
1
The Federal Government shall consider accredited, li-
2
censed, or certified for purposes of Federal law any person
3
that would be accredited, licensed, or certified, respec-
4
tively, for such purposes but for a determination against
5
such person wholly or partially on the basis that the per-
6
son speaks, or acts, in accordance with a sincerely held
7
religious belief or moral conviction described in subsection
8
(a).
9
SEC. 8140. None of the funds appropriated or other-
10
wise made available by this Act may be used to—
11
(1) classify or facilitate the classification of any
12
communications by a United States person as mis-
13
, dis-, or mal- information; or
14
(2) partner with or fund nonprofit or other or-
15
ganizations that pressure or recommend private
16
companies to censor lawful and constitutionally pro-
17
tected speech of United States persons, including
18
recommending the censoring or removal of content
19
on social media platforms.
20
SEC. 8141. None of the funds appropriated or other-
21
wise made available by this Act may be used to carry out
22
any program, project, or activity that promotes or ad-
23
vances Critical Race Theory, any concept associated with
24
Critical Race Theory, or that teaches or trains any idea
25
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•HR 4016 RH
or concept that condones an individual being discriminated
1
against or receiving adverse or beneficial treatment based
2
on race or sex, that condones an individual feeling discom-
3
fort, guilt, anguish, or any other form of psychological dis-
4
tress on account of that individual’s race or sex, as well
5
as any idea or concept that regards one race as inherently
6
superior to another race, the United States or its institu-
7
tions as being systemically racist or sexist, an individual
8
as being inherently racist, sexist, or oppressive by virtue
9
of that individual’s race or sex, an individual’s moral char-
10
acter as being necessarily determined by race or sex, an
11
individual as bearing responsibility for actions committed
12
in the past by other members of the same race or sex,
13
or meritocracy being racist, sexist, or having been created
14
by a particular race to oppress another race.
15
SEC. 8142. None of the funds appropriated or other-
16
wise made available by this Act shall be used to imple-
17
ment, administer, or otherwise carry out the Department
18
of Defense memorandum dated October 20, 2022, or any
19
successor to such memorandum, or to propose, promul-
20
gate, or implement any substantially similar rule or policy.
21
SEC. 8143. None of the funds appropriated or other-
22
wise made available by this Act may be used or transferred
23
to another Federal agency, board, or commission to re-
24
cruit, hire, or promote any person who has been convicted
25
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of a Federal or State child pornography charge, has been
1
convicted of any other Federal or State sexual assault
2
charge, or has been formally disciplined for using Federal
3
resources to access, use, or sell child pornography.
4
SEC. 8144. None of the funds appropriated or other-
5
wise made available by this Act may be used to promote,
6
host, facilitate, or support events on United States mili-
7
tary installations or as part of military recruiting pro-
8
grams that violate the Department of Defense Joint Eth-
9
ics Regulation or bring discredit upon the military, such
10
as a drag queen story hour for children or the use of drag
11
queens as military recruiters.
12
SEC. 8145. None of the funds appropriated or other-
13
wise made available by this Act may be used for surgical
14
procedures or hormone therapies for the purposes of gen-
15
der affirming care.
16
SEC. 8146. None of the funds appropriated or other-
17
wise made available by this Act may be used to carry out
18
section 147 of title 10, United States Code, or section
19
554(a) or 913(b) of the National Defense Authorization
20
Act for Fiscal Year 2021 (Public Law 116-283).
21
SEC. 8147. None of the funds appropriated or other-
22
wise made available by this Act may be used to implement,
23
administer, apply, enforce, or carry out the Diversity, Eq-
24
uity, Inclusion, and Accessibility Strategic Plan of the De-
25
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partment of Defense, or Executive Order 13985 of Janu-
1
ary 20, 2021 (86 Fed. Reg. 7009, relating to advancing
2
racial equity and support for under-served communities
3
through the Federal Government), Executive Order 14035
4
of June 25, 2021 (86 Fed. Reg. 34593, relating to diver-
5
sity, equity, inclusion, and accessibility in the Federal
6
workforce), Executive Order 14091 of February 16, 2023
7
(88 Fed. Reg. 10825, relating to further advancing racial
8
equity and support for underserved communities through
9
the Federal government), or shall be used to execute ac-
10
tivities that promote or perpetuate divisive concepts re-
11
lated to race or sex, such as the concepts that one race
12
or sex is inherently superior to another, or that an individ-
13
ual’s moral character or worth is determined by their race
14
or sex.
15
SEC. 8148. None of the funds appropriated or other-
16
wise made available by this Act may be used for any office
17
of diversity, equity, or inclusion.
18
SEC. 8149. None of the funds appropriated or other-
19
wise made available by this Act may be made available
20
to NewsGuard Technologies Inc.
21
SEC. 8150. None of the funds appropriated or other-
22
wise made available by this Act may be used in contraven-
23
tion of Department of Defense Instruction 3216.01, ‘‘Use
24
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of Animals in DoD Conducted and Supported Research
1
and Training’’, dated March 20, 2019.
2
SEC. 8151. None of the funds appropriated or other-
3
wise made available by this Act may be used to divest or
4
prepare to divest more than eight U-2 aircraft.
5
SEC. 8152. None of the funds appropriated or other-
6
wise made available by this Act may be used to divest or
7
prepare to divest any F-15 aircraft unless the Secretary
8
of Defense certifies to the Committees on Appropriations
9
of the House of Representatives and the Senate that such
10
aircraft will be replaced in a manner that maintains the
11
current total aircraft assigned at a given unit and the
12
readiness of such unit.
13
(INCLUDING TRANSFER OF FUNDS)
14
SEC. 8153. The Secretary of Defense may transfer
15
funds from any available Department of the Navy appro-
16
priation (except military construction) to any available
17
Navy ship construction appropriation for the purpose of
18
liquidating necessary changes resulting from inflation,
19
market fluctuations, or rate adjustments for any ship con-
20
struction program appropriated in law: Provided, That the
21
Secretary may transfer not to exceed $40,000,000 under
22
the authority provided by this section: Provided further,
23
That the Secretary shall, not less than 30 days prior to
24
the transfer of any funds, notify the Committees on Ap-
25
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propriations of the House of Representatives and the Sen-
1
ate in writing of the details of any proposed transfer: Pro-
2
vided further, That any funds transferred pursuant to this
3
section shall retain the same period of availability as when
4
originally appropriated: Provided further, That the trans-
5
fer authority provided under this section is in addition to
6
any other transfer authority provided elsewhere in this
7
Act.
8
SEC. 8154. The total amount appropriated or other-
9
wise made available by this Act is hereby reduced by
10
$3,000,000,000 to reflect savings and efficiencies attrib-
11
utable to proposed appropriations set forth in title II of
12
H.R. 1 (as engrossed in the House of Representatives on
13
May 22, 2025): Provided, That such reduction may not
14
be derived from amounts appropriated by this Act for the
15
National Intelligence Program or the Military Intelligence
16
Program.
17
SEC. 8155. The total amount appropriated or other-
18
wise made available in title II of this Act is hereby reduced
19
by $1,000,000,000 to reflect savings due to favorable bulk
20
fuel rates: Provided, That such reduction may not be de-
21
rived from amounts appropriated by this Act for the Na-
22
tional Intelligence Program or the Military Intelligence
23
Program.
24
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SEC. 8156. The total amount appropriated or other-
1
wise made available by this Act is hereby reduced by
2
$3,750,000,000 to reflect savings resulting from Depart-
3
ment of Defense cooperation with the Department of Gov-
4
ernment Efficiency: Provided, That such reduction may
5
not be derived from amounts appropriated by this Act for
6
the National Intelligence Program or the Military Intel-
7
ligence Program.
8
SEC. 8157. The total amount appropriated or other-
9
wise made available by this Act is hereby reduced by
10
$1,000,000,000 to reflect savings attributable to effi-
11
ciencies, streamlining of functions, and management im-
12
provements in the Department of Defense: Provided, That
13
such reduction may not be derived from amounts appro-
14
priated by this Act for the National Intelligence Program
15
or the Military Intelligence Program.
16
SEC. 8158. (a) In the event a law affecting the budg-
17
et of the Department of Defense is enacted through the
18
reconciliation process under section 310 of the Congres-
19
sional Budget and Impoundment Control Act of 1974 pur-
20
suant to title II of H. Con. Res. 14, the concurrent resolu-
21
tion on the budget for fiscal year 2025, the Secretary of
22
Defense shall, not later than 45 days after the enactment
23
of such law and at the time of the submittal to Congress
24
of the budget of the President for fiscal year 2027 and
25
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each fiscal year thereafter pursuant to section 1105(a) of
1
title 31, United States Code, submit to the Committees
2
on Appropriations of the House of Representatives and the
3
Senate the following with respect to amounts made avail-
4
able by such law:
5
(1) Proposed allocations by account and by pro-
6
gram, project, or activity, with detailed justifica-
7
tions.
8
(2) P-1 and R-1 budget justification documents,
9
which shall identify the allocation of funds by pro-
10
gram, project, and activity.
11
(3) Budget justification documents, to be
12
known as M-1 and O-1, which shall identify the allo-
13
cation of funds by budget activity, activity group,
14
and sub-activity group.
15
(b) The Secretary of Defense shall submit to the
16
Committees on Appropriations of the House of Represent-
17
atives and Senate quarterly reports on the status of bal-
18
ances of projects and activities funded using amounts de-
19
scribed in subsection (a), including all uncommitted, com-
20
mitted, and unobligated funds.
21
SEC. 8159. (a) The total amount appropriated or oth-
22
erwise made available by this Act may not be used for
23
the salary or expenses of more than 75 full-time equivalent
24
personnel, including Government employees and employees
25
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of Federal contractors, for Cost Assessment and Program
1
Evaluation.
2
(b) Any reduction in full-time equivalent personnel by
3
operation of subsection (a) shall not apply to any per-
4
sonnel—
5
(1) performing cost assessment functions; or
6
(2) capability enabling functions, including de-
7
fense industrial base, economic, and manpower anal-
8
ysis.
9
SEC. 8160. The Secretary of Defense shall obligate
10
funds made available by this Act and prior appropriations
11
Acts under the heading ‘‘Research, Development, Test,
12
and Evaluation, Navy’’ for the Next Generation Fighter
13
program in a manner that achieves accelerated Initial
14
Operational Capability for the Next Generation Fighter
15
aircraft: Provided, That not later than 30 days after the
16
date of the enactment of this Act, and on a quarterly basis
17
thereafter, the Secretary of Defense shall submit to the
18
congressional defense committees reports on the status of
19
such program.
20
SEC. 8161. Amounts appropriated in this Act under
21
the heading ‘‘Research, Development, Test and Evalua-
22
tion, Defense-Wide’’ for the Defense Advanced Research
23
Projects Agency shall remain available until September
24
30, 2027, as detailed in the tables titled Explanation of
25
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Project Level Adjustments in the explanatory statement
1
accompanying this Act: Provided, That the Secretary of
2
Defense shall submit to the Committees on Appropriations
3
of the House of Representatives and the Senate quarterly
4
reports on the execution of such funds, detailed at the
5
project level.
6
SEC. 8162. In addition to any other funds made
7
available for such purposes, there is appropriated
8
$90,000,000, for an additional amount for the ‘‘National
9
Defense Stockpile Transaction Fund’’, to remain available
10
until September 30, 2028, for activities pursuant to the
11
Strategic and Critical Materials Stock Piling Act (50
12
U.S.C. 98 et seq.): Provided, That of the amounts appro-
13
priated under this section $10,000,000 shall be for tita-
14
nium requirements: Provided further, That none of the
15
funds provided under this section may be obligated or ex-
16
pended until 30 days after the Secretary of Defense pro-
17
vides the Committees on Appropriations of the House of
18
Representatives and the Senate a detailed execution plan
19
for such funds.
20
SEC. 8163. Of the funds provided under the heading
21
‘‘Operation and Maintenance, Navy’’, not less than
22
$80,000,000 shall be made available for the establishment
23
of a Platform Supply Vessel Pilot Program (in this section
24
referred to as the ‘‘Program’’) for the purpose of vali-
25
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dating Service requirements necessary to meet at-sea and
1
in-shore logistics operations: Provided, That the Program
2
shall evaluate options to time charter no less than six, and
3
enter into a contractual agreement for no less than two
4
time charters: Provided further, That the condition of the
5
time charter should consider existing United States-built
6
platform supply vessels that are documented under the
7
laws of the United States, owned by a citizen of the United
8
States under 46 U.S.C. 50501, configured for logistics
9
support in the Indo-Pacific region that can meet the regu-
10
latory and physical requirements to transport nearly
11
500,000 gallons of various standard fuels, and provide up
12
to 10,000 square feet of combined deck space for trans-
13
port of military equipment and personnel for delivery in
14
and out of shallow draft ports in the Indo-Pacific region:
15
Provided further, The Secretary of the Navy shall provide
16
a briefing within 180 days after the enactment of this Act
17
to the House and Senate Appropriations Committees on
18
the status of the Program and the effectiveness of using
19
PSVs to fill this critical need.
20
SEC. 8164. None of the funds appropriated or other-
21
wise made available by this Act may be used—
22
(1) to transfer the headquarters functions of
23
the United States Southern Command from Miami,
24
Florida to another location; or
25
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(2) in the event the United States Southern
1
Command is merged with another combatant com-
2
mand, to transfer the headquarters functions admin-
3
istered by the United States Southern Command
4
prior to such merger from Miami, Florida to another
5
location.
6
SEC. 8165. Funds made available for the UH-60
7
Blackhawk aircraft program under this Act and prior ap-
8
propriations Acts under the headings ‘‘Aircraft Procure-
9
ment, Army’’ and ‘‘Research, Development, Test and
10
Evaluation, Army’’ shall be obligated only for the purposes
11
for which such funds were appropriated and such funds
12
may not be reprogrammed or transferred for other pur-
13
poses: Provided, That none of the funds appropriated or
14
otherwise made available by this Act or prior appropria-
15
tions Acts may be used to pause, cancel, or terminate the
16
UH-60 Blackhawk aircraft program or to prepare to
17
pause, cancel, or terminate such program.
18
SEC. 8166. Funds made available for the E–7
19
Wedgetail aircraft program under this Act and prior ap-
20
propriations Acts under the headings ‘‘Aircraft Procure-
21
ment, Air Force’’ and ‘‘Research, Development, Test and
22
Evaluation, Air Force’’ shall be obligated only for the pur-
23
poses for which such funds were appropriated and such
24
funds may not be reprogrammed or transferred for other
25
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•HR 4016 RH
purposes: Provided, That none of the funds appropriated
1
or otherwise made available by this Act or prior appropria-
2
tions Acts may be used to pause, cancel, or terminate the
3
E–7 Wedgetail aircraft program or to prepare to pause,
4
cancel, or terminate such program.
5
SEC. 8167. None of the funds appropriated by this
6
Act shall be used in contravention to the Posse Comitatus
7
Act of 1878.
8
SEC. 8168. None of the funds in this Act may be
9
used to discontinue or restrict access to sexual assault fo-
10
rensic examinations that were available to civilian per-
11
sonnel as of January 20, 2025.
12
SEC. 8169. None of the funds made available by this
13
Act may be used for the transmittal of classified informa-
14
tion or war or operational plans over unsecured networks.
15
SEC. 8170. Not later than 180 days after the date
16
of enactment of this Act, the Secretary of Defense shall
17
publish on the public website of the Department of De-
18
fense a report itemizing all expenses and contracts associ-
19
ated with the planning and execution of the military pa-
20
rade in Washington, D.C. on President Trump’s 79th
21
birthday, including but not limited to post-event cleaning
22
and repairs.
23
SEC. 8171. Of the amounts appropriated in this Act
24
under the heading ‘‘Operation and Maintenance, Defense-
25
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Wide’’, for the Defense Security Cooperation Agency,
1
$12,000,000 shall be for the Irregular Warfare Center.
2
SPENDING REDUCTION ACCOUNT
3
SEC. 8172. $0.
4
This Act may be cited as the ‘‘Department of Defense
5
Appropriations Act, 2026’’.
6
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Union Calendar No. 129
119TH CONGRESS
1ST SESSION
H. R. 4016
[Report No. 119–162]
A BILL
Making appropriations for the Department of De-
fense for the fiscal year ending September 30,
2026, and for other purposes.
JUNE 16, 2025
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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