Text of US HB 9495 (2026)
Department of Defense Appropriations Act, 2027 Department of Defense Appropriations Act, 2027
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As introduced
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Union Calendar No. 621
119TH CONGRESS
2D SESSION
H. R. 9495
[Report No. 119–715]
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2027, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 2026
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, 2027, and for other
purposes.
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•HR 9495 RH
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, 2027, and for other purposes, namely:
6
TITLE I
7
MILITARY PERSONNEL
8
MILITARY PERSONNEL, ARMY
9
For pay, allowances, individual clothing, subsistence,
10
interest on deposits, gratuities, permanent change of sta-
11
tion travel (including all expenses thereof for organiza-
12
tional movements), and expenses of temporary duty travel
13
between permanent duty stations, for members of the
14
Army on active duty (except members of reserve compo-
15
nents provided for elsewhere), cadets, and aviation cadets;
16
for members of the Reserve Officers’ Training Corps; and
17
for payments pursuant to section 156 of Public Law 97–
18
377, as amended (42 U.S.C. 402 note), and to the Depart-
19
ment
of
Defense
Military
Retirement
Fund,
20
$56,363,343,000.
21
MILITARY PERSONNEL, NAVY
22
For pay, allowances, individual clothing, subsistence,
23
interest on deposits, gratuities, permanent change of sta-
24
tion travel (including all expenses thereof for organiza-
25
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•HR 9495 RH
tional movements), and expenses of temporary duty travel
1
between permanent duty stations, for members of the
2
Navy on active duty (except members of the Reserve pro-
3
vided for elsewhere), midshipmen, and aviation cadets; for
4
members of the Reserve Officers’ Training Corps; and for
5
payments pursuant to section 156 of Public Law 97–377,
6
as amended (42 U.S.C. 402 note), and to the Department
7
of Defense Military Retirement Fund, $43,292,981,000.
8
MILITARY PERSONNEL, MARINE CORPS
9
For pay, allowances, individual clothing, subsistence,
10
interest on deposits, gratuities, permanent change of sta-
11
tion travel (including all expenses thereof for organiza-
12
tional movements), and expenses of temporary duty travel
13
between permanent duty stations, for members of the Ma-
14
rine Corps on active duty (except members of the Reserve
15
provided for elsewhere); and for payments pursuant to sec-
16
tion 156 of Public Law 97–377, as amended (42 U.S.C.
17
402 note), and to the Department of Defense Military Re-
18
tirement Fund, $17,815,905,000.
19
MILITARY PERSONNEL, AIR FORCE
20
For pay, allowances, individual clothing, subsistence,
21
interest on deposits, gratuities, permanent change of sta-
22
tion travel (including all expenses thereof for organiza-
23
tional movements), and expenses of temporary duty travel
24
between permanent duty stations, for members of the Air
25
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•HR 9495 RH
Force on active duty (except members of reserve compo-
1
nents provided for elsewhere), cadets, and aviation cadets;
2
for members of the Reserve Officers’ Training Corps; and
3
for payments pursuant to section 156 of Public Law 97–
4
377, as amended (42 U.S.C. 402 note), and to the Depart-
5
ment
of
Defense
Military
Retirement
Fund,
6
$40,610,059,000.
7
MILITARY PERSONNEL, SPACE FORCE
8
For pay, allowances, individual clothing, subsistence,
9
interest on deposits, gratuities, permanent change of sta-
10
tion travel (including all expenses thereof for organiza-
11
tional movements), and expenses of temporary duty travel
12
between permanent duty stations, for members of the
13
Space Force on duty as described in section 20108 of title
14
10, United States Code and cadets; for members of the
15
Reserve Officers’ Training Corps; for expenses authorized
16
by section 16131 of title 10, United States Code; and for
17
payments pursuant to section 156 of Public Law 97–377,
18
as amended (42 U.S.C. 402 note), and to the Department
19
of Defense Military Retirement Fund, $1,780,331,000.
20
RESERVE PERSONNEL, ARMY
21
For pay, allowances, clothing, subsistence, gratuities,
22
travel, and related expenses for personnel of the Army Re-
23
serve on active duty under sections 10211, 10302, and
24
7038 of title 10, United States Code, or while serving on
25
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•HR 9495 RH
active duty under section 12301(d) of title 10, United
1
States Code, in connection with performing duty specified
2
in section 12310(a) of title 10, United States Code, or
3
while undergoing reserve training, or while performing
4
drills or equivalent duty or other duty, and expenses au-
5
thorized by section 16131 of title 10, United States Code;
6
and for payments to the Department of Defense Military
7
Retirement Fund, $5,932,241,000.
8
RESERVE PERSONNEL, NAVY
9
For pay, allowances, clothing, subsistence, gratuities,
10
travel, and related expenses for personnel of the Navy Re-
11
serve on active duty under section 10211 of title 10,
12
United States Code, or while serving on active duty under
13
section 12301(d) of title 10, United States Code, in con-
14
nection with performing duty specified in section 12310(a)
15
of title 10, United States Code, or while undergoing re-
16
serve training, or while performing drills or equivalent
17
duty, and expenses authorized by section 16131 of title
18
10, United States Code; and for payments to the Depart-
19
ment
of
Defense
Military
Retirement
Fund,
20
$2,795,728,000.
21
RESERVE PERSONNEL, MARINE CORPS
22
For pay, allowances, clothing, subsistence, gratuities,
23
travel, and related expenses for personnel of the Marine
24
Corps Reserve on active duty under section 10211 of title
25
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•HR 9495 RH
10, United States Code, or while serving on active duty
1
under section 12301(d) of title 10, United States Code,
2
in connection with performing duty specified in section
3
12310(a) of title 10, United States Code, or while under-
4
going reserve training, or while performing drills or equiv-
5
alent duty, and for members of the Marine Corps platoon
6
leaders class, and expenses authorized by section 16131
7
of title 10, United States Code; and for payments to the
8
Department of Defense Military Retirement Fund,
9
$1,058,142,000.
10
RESERVE PERSONNEL, AIR FORCE
11
For pay, allowances, clothing, subsistence, gratuities,
12
travel, and related expenses for personnel of the Air Force
13
Reserve on active duty under sections 10211, 10305, and
14
9038 of title 10, United States Code, or while serving on
15
active duty under section 12301(d) of title 10, United
16
States Code, in connection with performing duty specified
17
in section 12310(a) of title 10, United States Code, or
18
while undergoing reserve training, or while performing
19
drills or equivalent duty or other duty, and expenses au-
20
thorized by section 16131 of title 10, United States Code;
21
and for payments to the Department of Defense Military
22
Retirement Fund, $2,805,321,000.
23
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•HR 9495 RH
NATIONAL GUARD PERSONNEL, ARMY
1
For pay, allowances, clothing, subsistence, gratuities,
2
travel, and related expenses for personnel of the Army Na-
3
tional Guard while on duty under sections 10211, 10302,
4
or 12402 of title 10 or section 708 of title 32, United
5
States Code, or while serving on duty under section
6
12301(d) of title 10 or section 502(f) of title 32, United
7
States Code, in connection with performing duty specified
8
in section 12310(a) of title 10, United States Code, or
9
while undergoing training, or while performing drills or
10
equivalent duty or other duty, and expenses authorized by
11
section 16131 of title 10, United States Code; and for pay-
12
ments to the Department of Defense Military Retirement
13
Fund, $11,492,865,000.
14
NATIONAL GUARD PERSONNEL, AIR FORCE
15
For pay, allowances, clothing, subsistence, gratuities,
16
travel, and related expenses for personnel of the Air Na-
17
tional Guard on duty under sections 10211, 10305, or
18
12402 of title 10 or section 708 of title 32, United States
19
Code, or while serving on duty under section 12301(d) of
20
title 10 or section 502(f) of title 32, United States Code,
21
in connection with performing duty specified in section
22
12310(a) of title 10, United States Code, or while under-
23
going training, or while performing drills or equivalent
24
duty or other duty, and expenses authorized by section
25
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•HR 9495 RH
16131 of title 10, United States Code; and for payments
1
to the Department of Defense Military Retirement Fund,
2
$5,856,705,000.
3
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•HR 9495 RH
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, $63,994,579,000: 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, $81,673,408,000:
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, $15,728,097,000.
25
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•HR 9495 RH
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, $73,679,124,000: 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, $8,800,801,000.
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, $64,165,575,000:
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 9495 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 $65,000,000 shall be
4
made available for the APEX Accelerators, of which not
5
less than $6,000,000 shall be available for centers with
6
eligible entities defined in 10 U.S.C. 4951(1)(D): Provided
7
further, That none of the funds appropriated or otherwise
8
made available by this Act may be used, to: (1) plan or
9
implement the consolidation or elimination of a budget or
10
appropriations 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
(2) take any action to impede the independence or author-
15
ity of a budget or appropriations liaison office; (3) sub-
16
jugate the intended role of such an office to a legislative
17
affairs or legislative liaison office; or (4) interfere with the
18
ability of a Department of Defense office to interact with
19
or respond to the Committees on Appropriations of the
20
House of Representatives and the Senate: Provided fur-
21
ther, That of the funds provided under this heading,
22
$3,183,000, to remain available until September 30, 2028,
23
shall be available only for expenses relating to certain clas-
24
sified activities: Provided further, That of the funds pro-
25
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•HR 9495 RH
vided under this heading, $28,515,000, to remain avail-
1
able until expended, shall be available only for expenses
2
relating to certain classified activities, and may be trans-
3
ferred as necessary by the Secretary of Defense to oper-
4
ation and maintenance appropriations or research, devel-
5
opment, test and evaluation appropriations, to be merged
6
with and to be available for the same time period as the
7
appropriations to which transferred: Provided further,
8
That any ceiling on the investment item unit cost of items
9
that may be purchased with operation and maintenance
10
funds shall not apply to the funds described in the pre-
11
ceding proviso: Provided further, That of the funds pro-
12
vided under this heading, $4,022,325,000, of which
13
$1,448,173,000, to remain available until September 30,
14
2028, shall be available to provide support and assistance
15
to foreign security forces or other groups or individuals
16
to conduct, support or facilitate counterterrorism, crisis
17
response, or other Department of Defense security co-
18
operation programs: Provided further, That the Secretary
19
of Defense shall provide quarterly reports to the Commit-
20
tees on Appropriations of the House of Representatives
21
and the Senate on the use and status of funds made avail-
22
able in this paragraph: Provided further, That the transfer
23
authority provided under this heading is in addition to any
24
other transfer authority provided elsewhere in this Act.
25
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•HR 9495 RH
COUNTER-ISIS TRAIN AND EQUIP FUND
1
For the ‘‘Counter-Islamic State of Iraq and Syria
2
Train and Equip Fund’’, $303,099,000, to remain avail-
3
able until September 30, 2028: Provided, That such funds
4
shall be available to the Secretary of Defense in coordina-
5
tion with the Secretary of State, to provide assistance, in-
6
cluding training; equipment; logistics support, supplies,
7
and services; stipends; infrastructure repair and renova-
8
tion; construction for facility fortification and humane
9
treatment; and sustainment, to foreign security forces, ir-
10
regular forces, groups, or individuals participating, or pre-
11
paring to participate in activities to counter the Islamic
12
State of Iraq and Syria, and their affiliated or associated
13
groups: Provided further, That amounts made available
14
under this heading shall be available to provide assistance
15
only for activities in a country designated by the Secretary
16
of Defense, in coordination with the Secretary of State,
17
as having a security mission to counter the Islamic State
18
of Iraq and Syria, and following written notification to the
19
congressional defense committees of such designation:
20
Provided further, That the Secretary of Defense shall en-
21
sure that prior to providing assistance to elements of any
22
forces or individuals, such elements or individuals are ap-
23
propriately vetted, including at a minimum, assessing such
24
elements for associations with terrorist groups or groups
25
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•HR 9495 RH
associated with the Government of Iran; and receiving
1
commitments from such elements to promote respect for
2
human rights and the rule of law: Provided further, That
3
the Secretary of Defense shall, not fewer than 15 days
4
prior to obligating from this appropriation account, notify
5
the congressional defense committees in writing of the de-
6
tails of any such obligation: Provided further, That the
7
Secretary of Defense may accept and retain contributions,
8
including assistance in-kind, from foreign governments,
9
including the Government of Iraq and other entities, to
10
carry out assistance authorized under this heading: Pro-
11
vided further, That contributions of funds for the purposes
12
provided herein from any foreign government or other en-
13
tity may be credited to this Fund, to remain available until
14
expended, and used for such purposes: Provided further,
15
That the Secretary of Defense shall prioritize such con-
16
tributions when providing any assistance for construction
17
for facility fortification: Provided further, That the Sec-
18
retary of Defense may waive a provision of law relating
19
to the acquisition of items and support services or sections
20
40 and 40A of the Arms Export Control Act (22 U.S.C.
21
2780 and 2785) if the Secretary determines that such pro-
22
vision of law would prohibit, restrict, delay or otherwise
23
limit the provision of such assistance and a notice of and
24
justification for such waiver is submitted to the congres-
25
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15
•HR 9495 RH
sional defense committees, the Committees on Appropria-
1
tions and Foreign Relations of the Senate and the Com-
2
mittees on Appropriations and Foreign Affairs of the
3
House of Representatives: Provided further, That the
4
United States may accept equipment procured using funds
5
provided under this heading, or under the heading, ‘‘Iraq
6
Train and Equip Fund’’ in prior Acts, that was trans-
7
ferred to security forces, irregular forces, or groups par-
8
ticipating, or preparing to participate in activities to
9
counter the Islamic State of Iraq and Syria and returned
10
by such forces or groups to the United States, and such
11
equipment may be treated as stocks of the Department
12
of Defense upon written notification to the congressional
13
defense committees: Provided further, That equipment
14
procured using funds provided under this heading, or
15
under the heading, ‘‘Iraq Train and Equip Fund’’ in prior
16
Acts, and not yet transferred to security forces, irregular
17
forces, or groups participating, or preparing to participate
18
in activities to counter the Islamic State of Iraq and Syria
19
may be treated as stocks of the Department of Defense
20
when determined by the Secretary to no longer be required
21
for transfer to such forces or groups and upon written
22
notification to the congressional defense committees: Pro-
23
vided further, That none of the funds made available under
24
this heading may be used to procure or transfer man-port-
25
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•HR 9495 RH
able air defense systems: Provided further, That the Sec-
1
retary of Defense shall provide quarterly reports to the
2
congressional defense committees on the use of funds pro-
3
vided under this heading, including, but not limited to,
4
the number of individuals trained, the nature and scope
5
of support and sustainment provided to each group or in-
6
dividual, the area of operations for each group, and the
7
contributions of other countries, groups, or individuals.
8
OPERATION AND MAINTENANCE, ARMY RESERVE
9
For expenses, not otherwise provided for, necessary
10
for the operation and maintenance, including training, or-
11
ganization, and administration, of the Army Reserve; re-
12
pair of facilities and equipment; hire of passenger motor
13
vehicles; travel and transportation; care of the dead; re-
14
cruiting; procurement of services, supplies, and equip-
15
ment; and communications, $3,091,135,000.
16
OPERATION AND MAINTENANCE, NAVY RESERVE
17
For expenses, not otherwise provided for, necessary
18
for the operation and maintenance, including training, or-
19
ganization, and administration, of the Navy Reserve; re-
20
pair of facilities and equipment; hire of passenger motor
21
vehicles; travel and transportation; care of the dead; re-
22
cruiting; procurement of services, supplies, and equip-
23
ment; and communications, $1,468,610,000.
24
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OPERATION AND MAINTENANCE, MARINE CORPS
1
RESERVE
2
For expenses, not otherwise provided for, necessary
3
for the operation and maintenance, including training, or-
4
ganization, and administration, of the Marine Corps Re-
5
serve; repair of facilities and equipment; hire of passenger
6
motor vehicles; travel and transportation; care of the dead;
7
recruiting; procurement of services, supplies, and equip-
8
ment; and communications, $399,974,000.
9
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
10
For expenses, not otherwise provided for, necessary
11
for the operation and maintenance, including training, or-
12
ganization, and administration, of the Air Force Reserve;
13
repair of facilities and equipment; hire of passenger motor
14
vehicles; travel and transportation; care of the dead; re-
15
cruiting; procurement of services, supplies, and equip-
16
ment; and communications, $4,675,843,000.
17
OPERATION AND MAINTENANCE, ARMY NATIONAL
18
GUARD
19
For expenses of training, organizing, and admin-
20
istering the Army National Guard, including medical and
21
hospital treatment and related expenses in non-Federal
22
hospitals; maintenance, operation, and repairs to struc-
23
tures and facilities; hire of passenger motor vehicles; per-
24
sonnel services in the National Guard Bureau; travel ex-
25
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•HR 9495 RH
penses (other than mileage), as authorized by law for
1
Army personnel on active duty, for Army National Guard
2
division, regimental, and battalion commanders while in-
3
specting units in compliance with National Guard Bureau
4
regulations when specifically authorized by the Chief, Na-
5
tional Guard Bureau; supplying and equipping the Army
6
National Guard as authorized by law; and expenses of re-
7
pair, modification, maintenance, and issue of supplies and
8
equipment (including aircraft), $8,657,460,000.
9
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
10
For expenses of training, organizing, and admin-
11
istering the Air National Guard, including medical and
12
hospital treatment and related expenses in non-Federal
13
hospitals; maintenance, operation, and repairs to struc-
14
tures and facilities; transportation of things, hire of pas-
15
senger motor vehicles; supplying and equipping the Air
16
National Guard, as authorized by law; expenses for repair,
17
modification, maintenance, and issue of supplies and
18
equipment, including those furnished from stocks under
19
the control of agencies of the Department of Defense;
20
travel expenses (other than mileage) on the same basis as
21
authorized by law for Air National Guard personnel on
22
active Federal duty, for Air National Guard commanders
23
while inspecting units in compliance with National Guard
24
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•HR 9495 RH
Bureau regulations when specifically authorized by the
1
Chief, National Guard Bureau, $7,981,154,000.
2
UNITED STATES COURT OF APPEALS FOR THE ARMED
3
FORCES
4
For salaries and expenses necessary for the United
5
States Court of Appeals for the Armed Forces,
6
$21,698,000, of which not to exceed $10,000 may be used
7
for official representation purposes.
8
ENVIRONMENTAL RESTORATION, ARMY
9
(INCLUDING TRANSFER OF FUNDS)
10
For the Department of the Army, $282,444,000, to
11
remain available until transferred: Provided, That the Sec-
12
retary of the Army shall, upon determining that such
13
funds are required for environmental restoration, reduc-
14
tion and recycling of hazardous waste, removal of unsafe
15
buildings and debris of the Department of the Army, or
16
for similar purposes, transfer the funds made available by
17
this appropriation to other appropriations made available
18
to the Department of the Army, to be merged with and
19
to be available for the same purposes and for the same
20
time period as the appropriations to which transferred:
21
Provided further, That upon a determination that all or
22
part of the funds transferred from this appropriation are
23
not necessary for the purposes provided herein, such
24
amounts may be transferred back to this appropriation:
25
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Provided further, That the transfer authority provided
1
under this heading is in addition to any other transfer au-
2
thority provided elsewhere in this Act.
3
ENVIRONMENTAL RESTORATION, NAVY
4
(INCLUDING TRANSFER OF FUNDS)
5
For the Department of the Navy, $308,496,000, to
6
remain available until transferred: Provided, That the Sec-
7
retary of the Navy shall, upon determining that such
8
funds are required for environmental restoration, reduc-
9
tion and recycling of hazardous waste, removal of unsafe
10
buildings and debris of the Department of the Navy, or
11
for similar purposes, transfer the funds made available by
12
this appropriation to other appropriations made available
13
to the Department of the Navy, to be merged with and
14
to be available for the same purposes and for the same
15
time period as the appropriations to which transferred:
16
Provided further, That upon a determination that all or
17
part of the funds transferred from this appropriation are
18
not necessary for the purposes provided herein, such
19
amounts may be transferred back to this appropriation:
20
Provided further, That the transfer authority provided
21
under this heading is in addition to any other transfer au-
22
thority provided elsewhere in this Act.
23
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ENVIRONMENTAL RESTORATION, AIR FORCE
1
(INCLUDING TRANSFER OF FUNDS)
2
For the Department of the Air Force, $320,060,000,
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: Provided further, That the transfer au-
18
thority provided under this heading is in addition to any
19
other transfer authority provided elsewhere in this Act.
20
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
21
(INCLUDING TRANSFER OF FUNDS)
22
For the Department of Defense, $8,957,000, to re-
23
main available until transferred: Provided, That the Sec-
24
retary of Defense shall, upon determining that such funds
25
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•HR 9495 RH
are required for environmental restoration, reduction and
1
recycling of hazardous waste, removal of unsafe buildings
2
and debris of the Department of Defense, or for similar
3
purposes, transfer the funds made available by this appro-
4
priation to other appropriations made available to the De-
5
partment of Defense, to be merged with and to be avail-
6
able for the same purposes and for the same time period
7
as the appropriations to which transferred: Provided fur-
8
ther, That upon a determination that all or part of the
9
funds transferred from this appropriation are not nec-
10
essary for the purposes provided herein, such amounts
11
may be transferred back to this appropriation: Provided
12
further, That the transfer authority provided under this
13
heading is in addition to any other transfer authority pro-
14
vided elsewhere in this Act.
15
ENVIRONMENTAL RESTORATION, FORMERLY USED
16
DEFENSE SITES
17
(INCLUDING TRANSFER OF FUNDS)
18
For the Department of the Army, $238,927,000, to
19
remain available until transferred: Provided, That the Sec-
20
retary of the Army shall, upon determining that such
21
funds are required for environmental restoration, reduc-
22
tion and recycling of hazardous waste, removal of unsafe
23
buildings and debris at sites formerly used by the Depart-
24
ment of Defense, transfer the funds made available by this
25
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•HR 9495 RH
appropriation to other appropriations made available to
1
the Department of the Army, to be merged with and to
2
be available for the same purposes and for the same time
3
period as the appropriations to which transferred: Pro-
4
vided further, That upon a determination that all or part
5
of the funds transferred from this appropriation are not
6
necessary for the purposes provided herein, such amounts
7
may be transferred back to this appropriation: Provided
8
further, That the transfer authority provided under this
9
heading is in addition to any other transfer authority pro-
10
vided elsewhere in this Act.
11
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
12
For expenses relating to the Overseas Humanitarian,
13
Disaster, and Civic Aid programs of the Department of
14
Defense (consisting of the programs provided under sec-
15
tions 401, 402, 404, 407, 2557, and 2561 of title 10,
16
United States Code), $78,187,000, to remain available
17
until September 30, 2028.
18
COOPERATIVE THREAT REDUCTION ACCOUNT
19
For assistance, including assistance provided by con-
20
tract or by grants, under programs and activities of the
21
Department of Defense Cooperative Threat Reduction
22
Program authorized under the Department of Defense Co-
23
operative Threat Reduction Act, $221,332,000, to remain
24
available until September 30, 2029.
25
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•HR 9495 RH
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
1
DEVELOPMENT ACCOUNT
2
For the Department of Defense Acquisition Work-
3
force Development Account, $37,478,000: Provided, That
4
no other amounts may be otherwise credited or transferred
5
to the Account, or deposited into the Account, in fiscal
6
year 2027 pursuant to section 1705(d) of title 10, United
7
States Code.
8
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•HR 9495 RH
TITLE III
1
PROCUREMENT
2
AIRCRAFT PROCUREMENT, ARMY
3
For construction, procurement, production, modifica-
4
tion, and modernization of aircraft, equipment, including
5
ordnance, ground handling equipment, spare parts, and
6
accessories therefor; specialized equipment and training
7
devices; expansion of public and private plants, including
8
the land necessary therefor, for the foregoing purposes,
9
and such lands and interests therein, may be acquired,
10
and construction prosecuted thereon prior to approval of
11
title; and procurement and installation of equipment, ap-
12
pliances, and machine tools in public and private plants;
13
reserve plant and Government and contractor-owned
14
equipment layaway; and other expenses necessary for the
15
foregoing purposes, $2,837,225,000, to remain available
16
for obligation until September 30, 2029.
17
MISSILE PROCUREMENT, ARMY
18
For construction, procurement, production, modifica-
19
tion, and modernization of missiles, equipment, including
20
ordnance, ground handling equipment, spare parts, and
21
accessories therefor; specialized equipment and training
22
devices; expansion of public and private plants, including
23
the land necessary therefor, for the foregoing purposes,
24
and such lands and interests therein, may be acquired,
25
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•HR 9495 RH
and construction prosecuted thereon prior to approval of
1
title; and procurement and installation of equipment, ap-
2
pliances, and machine tools in public and private plants;
3
reserve plant and Government and contractor-owned
4
equipment layaway; and other expenses necessary for the
5
foregoing purposes, $11,421,617,000, to remain available
6
for obligation until September 30, 2029.
7
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
8
VEHICLES, ARMY
9
For construction, procurement, production, and
10
modification of weapons and tracked combat vehicles,
11
equipment, including ordnance, spare parts, and acces-
12
sories therefor; specialized equipment and training devices;
13
expansion of public and private plants, including the land
14
necessary therefor, for the foregoing purposes, and such
15
lands and interests therein, may be acquired, and con-
16
struction prosecuted thereon prior to approval of title; and
17
procurement and installation of equipment, appliances,
18
and machine tools in public and private plants; reserve
19
plant and Government and contractor-owned equipment
20
layaway; and other expenses necessary for the foregoing
21
purposes, $3,707,509,000, to remain available for obliga-
22
tion until September 30, 2029.
23
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PROCUREMENT OF AMMUNITION, ARMY
1
For construction, procurement, production, and
2
modification of ammunition, and accessories therefor; spe-
3
cialized equipment and training devices; expansion of pub-
4
lic and private plants, including ammunition facilities, au-
5
thorized by section 2854 of title 10, United States Code,
6
and the land necessary therefor, for the foregoing pur-
7
poses, and such lands and interests therein, may be ac-
8
quired, and construction prosecuted thereon prior to ap-
9
proval of title; and procurement and installation of equip-
10
ment, appliances, and machine tools in public and private
11
plants; reserve plant and Government and contractor-
12
owned equipment layaway; and other expenses necessary
13
for the foregoing purposes, $5,376,381,000, to remain
14
available for obligation until September 30, 2029.
15
OTHER PROCUREMENT, ARMY
16
For construction, procurement, production, and
17
modification of vehicles, including tactical, support, and
18
non-tracked combat vehicles; the purchase of passenger
19
motor vehicles for replacement only; communications and
20
electronic equipment; other support equipment; spare
21
parts, ordnance, and accessories therefor; specialized
22
equipment and training devices; expansion of public and
23
private plants, including the land necessary therefor, for
24
the foregoing purposes, and such lands and interests
25
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•HR 9495 RH
therein, may be acquired, and construction prosecuted
1
thereon prior to approval of title; and procurement and
2
installation of equipment, appliances, and machine tools
3
in public and private plants; reserve plant and Govern-
4
ment and contractor-owned equipment layaway; and other
5
expenses
necessary
for
the
foregoing
purposes,
6
$11,836,525,000, to remain available for obligation until
7
September 30, 2029.
8
AIRCRAFT PROCUREMENT, NAVY
9
For construction, procurement, production, modifica-
10
tion, and modernization of aircraft, equipment, including
11
ordnance, spare parts, and accessories therefor; specialized
12
equipment; expansion of public and private plants, includ-
13
ing the land necessary therefor, and such lands and inter-
14
ests therein, may be acquired, and construction prosecuted
15
thereon prior to approval of title; and procurement and
16
installation of equipment, appliances, and machine tools
17
in public and private plants; reserve plant and Govern-
18
ment
and
contractor-owned
equipment
layaway,
19
$24,777,133,000, to remain available for obligation until
20
September 30, 2029.
21
WEAPONS PROCUREMENT, NAVY
22
For construction, procurement, production, modifica-
23
tion, and modernization of missiles, torpedoes, other weap-
24
ons, and related support equipment including spare parts,
25
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•HR 9495 RH
and accessories therefor; expansion of public and private
1
plants, including the land necessary therefor, and such
2
lands and interests therein, may be acquired, and con-
3
struction prosecuted thereon prior to approval of title; and
4
procurement and installation of equipment, appliances,
5
and machine tools in public and private plants; reserve
6
plant and Government and contractor-owned equipment
7
layaway, $11,424,510,000, to remain available for obliga-
8
tion until September 30, 2029.
9
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
10
CORPS
11
For construction, procurement, production, and
12
modification of ammunition, and accessories therefor; spe-
13
cialized equipment and training devices; expansion of pub-
14
lic and private plants, including ammunition facilities, au-
15
thorized by section 2854 of title 10, United States Code,
16
and the land necessary therefor, for the foregoing pur-
17
poses, and such lands and interests therein, may be ac-
18
quired, and construction prosecuted thereon prior to ap-
19
proval of title; and procurement and installation of equip-
20
ment, appliances, and machine tools in public and private
21
plants; reserve plant and Government and contractor-
22
owned equipment layaway; and other expenses necessary
23
for the foregoing purposes, $1,768,663,000, to remain
24
available for obligation until September 30, 2029.
25
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•HR 9495 RH
SHIPBUILDING AND CONVERSION, NAVY
1
For expenses necessary for the construction, acquisi-
2
tion, or conversion of vessels as authorized by law, includ-
3
ing armor and armament thereof, plant equipment, appli-
4
ances, and machine tools and installation thereof in public
5
and private plants; reserve plant and Government and con-
6
tractor-owned equipment layaway; procurement of critical,
7
long lead time components and designs for vessels to be
8
constructed or converted in the future; and expansion of
9
public and private plants, including land necessary there
10
for, and such lands and interests therein, may be acquired,
11
and construction prosecuted thereon prior to approval of
12
title, as follows:
13
Columbia Class Submarine, $10,233,832,000;
14
Columbia
Class
Submarine
(AP),
15
$4,838,342,000;
16
Carrier
Replacement
Program
(CVN–80),
17
$641,907,000;
18
Carrier
Replacement
Program
(AP),
19
$1,916,346,000;
20
Carrier
Replacement
Program
(CVN–81),
21
$1,202,824,000;
22
Virginia Class Submarine, $8,402,316,000;
23
Virginia
Class
Submarine
(AP),
24
$4,143,618,000;
25
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•HR 9495 RH
BBG(X) (AP), $1,000,000,000;
1
CVN Refueling Overhauls, $4,046,374,000;
2
CVN Refueling Overhauls (AP), $53,070,000;
3
DDG–1000 Program, $66,516,000;
4
DDG–51 Destroyer, $2,954,238,000;
5
FF(X)–Frigate, $1,334,917,000;
6
LPD Flight II, $2,116,215,000;
7
LPD Flight II (AP), $355,950,000;
8
LHA Replacement, $3,662,914,000;
9
AS Submarine Tender, $2,222,000,000;
10
TAO Fleet Oiler, $1,946,063,000;
11
TAGOS Surtass Ships, $377,021,000;
12
Strategic Sealift, $350,000,000;
13
Ship to Shore Connector, $733,895,000;
14
Service Craft, $251,079,000;
15
Auxiliary Personnel Lighter, $83,000,000;
16
Bulk Fuel Vessel, $350,000,000;
17
LCAC SLEP, $37,998,000;
18
For outfitting, post delivery, conversions, and
19
first destination transportation, $741,270,000; and
20
Completion of Prior Year Shipbuilding Pro-
21
grams, $2,611,990,000.
22
In all: $56,673,695,000, to remain available for obli-
23
gation until September 30, 2031: Provided, That addi-
24
tional obligations may be incurred after September 30,
25
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•HR 9495 RH
2031, for engineering services, tests, evaluations, and
1
other such budgeted work that must be performed in the
2
final stage of ship construction: Provided further, That
3
none of the funds provided under this heading for the con-
4
struction or conversion of any covered ship as defined in
5
section 8227 (e)(1) of title 10, United States Code, to be
6
constructed in shipyards in the United States shall be ex-
7
pended in foreign facilities for the construction of major
8
components of such vessel: Provided further, That none of
9
the funds provided under this heading shall be used for
10
the construction of any covered ship as defined in section
11
8227 (e)(1) of title 10, United States Code, in foreign
12
shipyards: Provided further, That funds appropriated or
13
otherwise made available by this Act for Columbia Class
14
Submarine (AP) may be available for the purposes author-
15
ized by subsections (f), (g), (h), or (i) of section 2218a
16
of title 10, United States Code, only in accordance with
17
the provisions of the applicable subsection.
18
OTHER PROCUREMENT, NAVY
19
For procurement, production, and modernization of
20
support equipment and materials not otherwise provided
21
for, Navy ordnance (except ordnance for new aircraft, new
22
ships, and ships authorized for conversion); the purchase
23
of passenger motor vehicles for replacement only; expan-
24
sion of public and private plants, including the land nec-
25
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•HR 9495 RH
essary therefor, and such lands and interests therein, may
1
be acquired, and construction prosecuted thereon prior to
2
approval of title; and procurement and installation of
3
equipment, appliances, and machine tools in public and
4
private plants; reserve plant and Government and con-
5
tractor-owned equipment layaway, $17,486,518,000, to
6
remain available for obligation until September 30, 2029:
7
Provided, That such funds are also available for the main-
8
tenance, repair, and modernization of ships under a pilot
9
program established for such purposes.
10
PROCUREMENT, MARINE CORPS
11
For expenses necessary for the procurement, manu-
12
facture, and modification of missiles, armament, military
13
equipment, spare parts, and accessories therefor; plant
14
equipment, appliances, and machine tools, and installation
15
thereof in public and private plants; reserve plant and
16
Government and contractor-owned equipment layaway; ve-
17
hicles for the Marine Corps, including the purchase of pas-
18
senger motor vehicles for replacement only; and expansion
19
of public and private plants, including land necessary
20
therefor, and such lands and interests therein, may be ac-
21
quired, and construction prosecuted thereon prior to ap-
22
proval of title, $5,356,462,000, to remain available for ob-
23
ligation until September 30, 2029.
24
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•HR 9495 RH
AIRCRAFT PROCUREMENT, AIR FORCE
1
For construction, procurement, and modification of
2
aircraft and equipment, including armor and armament,
3
specialized ground handling equipment, and training de-
4
vices, spare parts, and accessories therefor; specialized
5
equipment; expansion of public and private plants, Gov-
6
ernment-owned equipment and installation thereof in such
7
plants, erection of structures, and acquisition of land, for
8
the foregoing purposes, and such lands and interests
9
therein, may be acquired, and construction prosecuted
10
thereon prior to approval of title; reserve plant and Gov-
11
ernment and contractor-owned equipment layaway; and
12
other expenses necessary for the foregoing purposes in-
13
cluding
rents
and
transportation
of
things,
14
$27,449,748,000, to remain available for obligation until
15
September 30, 2029.
16
MISSILE PROCUREMENT, AIR FORCE
17
For construction, procurement, and modification of
18
missiles, rockets, and related equipment, including spare
19
parts and accessories therefor; ground handling equip-
20
ment, and training devices; expansion of public and pri-
21
vate plants, Government-owned equipment and installa-
22
tion thereof in such plants, erection of structures, and ac-
23
quisition of land, for the foregoing purposes, and such
24
lands and interests therein, may be acquired, and con-
25
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35
•HR 9495 RH
struction prosecuted thereon prior to approval of title; re-
1
serve plant and Government and contractor-owned equip-
2
ment layaway; and other expenses necessary for the fore-
3
going purposes including rents and transportation of
4
things, $6,762,886,000, to remain available for obligation
5
until September 30, 2029.
6
PROCUREMENT OF AMMUNITION, AIR FORCE
7
For construction, procurement, production, and
8
modification of ammunition, and accessories therefor; spe-
9
cialized equipment and training devices; expansion of pub-
10
lic and private plants, including ammunition facilities, au-
11
thorized by section 2854 of title 10, United States Code,
12
and the land necessary therefor, for the foregoing pur-
13
poses, and such lands and interests therein, may be ac-
14
quired, and construction prosecuted thereon prior to ap-
15
proval of title; and procurement and installation of equip-
16
ment, appliances, and machine tools in public and private
17
plants; reserve plant and Government and contractor-
18
owned equipment layaway; and other expenses necessary
19
for the foregoing purposes, $878,565,000, to remain avail-
20
able for obligation until September 30, 2029.
21
OTHER PROCUREMENT, AIR FORCE
22
For procurement and modification of equipment (in-
23
cluding ground guidance and electronic control equipment,
24
and ground electronic and communication equipment),
25
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•HR 9495 RH
and supplies, materials, and spare parts therefor, not oth-
1
erwise provided for; the purchase of passenger motor vehi-
2
cles for replacement only; lease of passenger motor vehi-
3
cles; and expansion of public and private plants, Govern-
4
ment-owned equipment and installation thereof in such
5
plants, erection of structures, and acquisition of land, for
6
the foregoing purposes, and such lands and interests
7
therein, may be acquired, and construction prosecuted
8
thereon, prior to approval of title; reserve plant and Gov-
9
ernment
and
contractor-owned
equipment
layaway,
10
$37,277,255,000, to remain available for obligation until
11
September 30, 2029.
12
PROCUREMENT, SPACE FORCE
13
For construction, procurement, and modification of
14
spacecraft, rockets, and related equipment, including
15
spare parts and accessories therefor; ground handling
16
equipment, and training devices; expansion of public and
17
private plants, Government-owned equipment and installa-
18
tion thereof in such plants, erection of structures, and ac-
19
quisition of land, for the foregoing purposes, and such
20
lands and interests therein, may be acquired, and con-
21
struction prosecuted thereon prior to approval of title; re-
22
serve plant and Government and contractor-owned equip-
23
ment layaway; and other expenses necessary for the fore-
24
going purposes including rents and transportation of
25
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•HR 9495 RH
things, $9,619,753,000, to remain available for obligation
1
until September 30, 2029.
2
PROCUREMENT, DEFENSE-WIDE
3
For expenses of activities and agencies of the Depart-
4
ment of Defense (other than the military departments)
5
necessary for procurement, production, and modification
6
of equipment, supplies, materials, and spare parts there-
7
for, not otherwise provided for; the purchase of passenger
8
motor vehicles for replacement only; expansion of public
9
and private plants, equipment, and installation thereof in
10
such plants, erection of structures, and acquisition of land
11
for the foregoing purposes, and such lands and interests
12
therein, may be acquired, and construction prosecuted
13
thereon prior to approval of title; reserve plant and Gov-
14
ernment
and
contractor-owned
equipment
layaway,
15
$11,129,485,000, to remain available for obligation until
16
September 30, 2029.
17
DEFENSE PRODUCTION ACT PURCHASES
18
For activities by the Department of Defense pursuant
19
to sections 108, 301, 302, and 303 of the Defense Produc-
20
tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533),
21
$552,787,000, to remain available for obligation until ex-
22
pended, which shall be obligated and expended by the Sec-
23
retary of Defense as if delegated the necessary authorities
24
conferred by the Defense Production Act of 1950.
25
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DEFENSE STRATEGIC CAPITAL CREDIT PROGRAM
1
For the Department of Defense Credit Program Ac-
2
count, $216,000,000, to remain available until expended,
3
to carry out the capital assistance program, including
4
loans, loan guarantees, and technical assistance, estab-
5
lished under section 149(e) of title 10, United States
6
Code: Provided, That such amounts are available to sub-
7
sidize gross obligations for the principal amount of loans,
8
and total loan principal, any part of which is to be guaran-
9
teed, not to exceed $2,160,000,000: Provided further, That
10
such amounts are available to cover all costs and expendi-
11
tures as provided under section 149(e)(5)(B) of such title.
12
NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
13
For procurement of rotary-wing aircraft; combat, tac-
14
tical and support vehicles; other weapons; and other pro-
15
curement items for the reserve components of the Armed
16
Forces, $1,000,000,000, to remain available for obligation
17
until September 30, 2029: Provided, That the Chiefs of
18
National Guard and Reserve components shall, not later
19
than 30 days after enactment of this Act, individually sub-
20
mit to the congressional defense committees the mod-
21
ernization priority assessment for their respective Na-
22
tional Guard or Reserve component: Provided further,
23
That none of the funds made available by this paragraph
24
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•HR 9495 RH
may be used to procure manned fixed wing aircraft, or
1
procure or modify missiles, munitions, or ammunition.
2
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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, $21,026,854,000, to remain avail-
9
able for obligation until September 30, 2028.
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, $34,570,694,000, to remain avail-
16
able for obligation until September 30, 2028: 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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•HR 9495 RH
cilities and equipment, $74,820,382,000, to remain avail-
1
able for obligation until September 30, 2028.
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, $35,319,886,000, to remain avail-
8
able until September 30, 2028.
9
GOLDEN DOME FOR AMERICA FUND
10
For necessary expenses, not otherwise provided for,
11
to counter the threat of attack by ballistic, hypersonic, and
12
cruise missiles, and other advanced aerial attacks,
13
$397,971,000, to remain available until September 30,
14
2029.
15
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
16
DEFENSE-WIDE
17
For expenses of activities and agencies of the Depart-
18
ment of Defense (other than the military departments),
19
necessary for basic and applied scientific research, devel-
20
opment, test and evaluation; advanced research projects
21
as may be designated and determined by the Secretary
22
of Defense, pursuant to law; maintenance, rehabilitation,
23
lease, and operation of facilities and equipment,
24
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•HR 9495 RH
$54,747,835,000, to remain available for obligation until
1
September 30, 2028.
2
OPERATIONAL TEST AND EVALUATION, DEFENSE
3
For expenses, not otherwise provided for, necessary
4
for the independent activities of the Director, Operational
5
Test and Evaluation, in the direction and supervision of
6
operational test and evaluation, including initial oper-
7
ational test and evaluation which is conducted prior to,
8
and in support of, production decisions; joint operational
9
testing and evaluation; and administrative expenses in
10
connection therewith, $127,365,000, to remain available
11
for obligation until September 30, 2028.
12
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•HR 9495 RH
TITLE V
1
REVOLVING AND MANAGEMENT FUNDS
2
DEFENSE WORKING CAPITAL FUNDS
3
For
the
Defense
Working
Capital
Funds,
4
$4,756,693,000.
5
NATIONAL DEFENSE STOCKPILE TRANSACTION FUND
6
For the National Defense Stockpile Transaction
7
Fund, $5,700,000, for activities pursuant to the Strategic
8
and Critical Materials Stock Piling Act (50 U.S.C. 98 et
9
seq.).
10
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TITLE VI
1
OTHER DEPARTMENT OF DEFENSE PROGRAMS
2
COMBAT AND OPERATIONAL MEDICINE PROGRAM
3
For expenses, not otherwise provided for, for medical
4
and health care programs of the Department of Defense
5
as authorized by law, $21,404,240,000; of which
6
$18,944,650,000 shall be for operation and maintenance;
7
of which not to exceed one percent shall remain available
8
for obligation until September 30, 2028; and of which
9
$371,728,000, to remain available for obligation until Sep-
10
tember 30, 2029, shall be for procurement; of which
11
$2,087,862,000, to remain available for obligation until
12
September 30, 2028, shall be for research, development,
13
test and evaluation: Provided, That of the funds provided
14
under this heading for research, development, test and
15
evaluation, not less than $916,500,000 shall be made
16
available to the Defense Health Agency to carry out the
17
congressionally directed medical research programs: Pro-
18
vided further, That, not-withstanding any other provision
19
of law, of the amount made available under this heading
20
for research, development, test and evaluation, not less
21
than $15,000,000 shall be available for HIV prevention
22
educational activities undertaken in connection with the
23
United States military training, exercises, and humani-
24
tarian assistance activities conducted primarily in African
25
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•HR 9495 RH
nations: Provided further, That the Secretary of Defense
1
shall submit to the congressional defense committees quar-
2
terly reports on the current status of the electronic health
3
record program: Provided further, That the Comptroller
4
General of the United States shall perform quarterly per-
5
formance reviews of the electronic health record program.
6
PRIVATE SECTOR CARE PROGRAM
7
For operation and maintenance expenses of the De-
8
partment of Defense for contracts entered into under the
9
TRICARE program, $21,993,389,000; of which not to ex-
10
ceed one percent shall remain available for obligation until
11
September 30, 2028.
12
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
13
DEFENSE
14
For expenses, not otherwise provided for, necessary
15
for the destruction of the United States stockpile of lethal
16
chemical agents and munitions in accordance with the pro-
17
visions of section 1412 of the Department of Defense Au-
18
thorization Act, 1986 (50 U.S.C. 1521), $55,972,000, to
19
remain available until September 30, 2028, shall be for
20
research, development, test and evaluation.
21
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DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
1
DEFENSE
2
(INCLUDING TRANSFER OF FUNDS)
3
For drug interdiction and counter-drug activities of
4
the Department of Defense, for transfer to appropriations
5
available to the Department of Defense for military per-
6
sonnel of the reserve components serving under the provi-
7
sions of title 10 and title 32, United States Code; for oper-
8
ation and maintenance; for procurement; and for research,
9
development, test and evaluation, $1,158,745,000, of
10
which $680,000,000 shall be for counter-narcotics sup-
11
port; $143,745,000 shall be for the drug demand reduc-
12
tion program; $305,000,000 shall be for the National
13
Guard counter-drug program; and $30,000,000 shall be
14
for the National Guard counter-drug schools program:
15
Provided, That the funds appropriated under this heading
16
shall be available for obligation for the same time period
17
and for the same purpose as the appropriation to which
18
transferred: Provided further, That upon a determination
19
that all or part of the funds transferred from this appro-
20
priation are not necessary for the purposes provided here-
21
in, such amounts may be transferred back to this appro-
22
priation: Provided further, That the transfer authority pro-
23
vided under this heading is in addition to any other trans-
24
fer authority contained elsewhere in this Act.
25
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•HR 9495 RH
OFFICE OF THE INSPECTOR GENERAL
1
For expenses and activities of the Office of the In-
2
spector General in carrying out the provisions of the In-
3
spector General Act of 1978, as amended, $506,343,000,
4
of which $503,444,000 shall be for operation and mainte-
5
nance, of which not to exceed $700,000 is available for
6
emergencies and extraordinary expenses to be expended
7
upon the approval or authority of the Inspector General,
8
and payments may be made upon the Inspector General’s
9
certificate of necessity for confidential military purposes;
10
of which $1,393,000, to remain available for obligation
11
until September 30, 2029, shall be for procurement; and
12
of which $1,506,000, to remain available until September
13
30, 2028, shall be for research, development, test and eval-
14
uation.
15
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•HR 9495 RH
TITLE VII
1
RELATED AGENCIES
2
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
3
DISABILITY SYSTEM FUND
4
For payment to the Central Intelligence Agency Re-
5
tirement and Disability System Fund, to maintain the
6
proper funding level for continuing the operation of the
7
Central Intelligence Agency Retirement and Disability
8
System, $514,000,000.
9
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
10
For necessary expenses of the Intelligence Commu-
11
nity Management Account, $575,350,000.
12
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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 shall 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 9495 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 $3,000,000,000 of working capital funds of the De-
16
partment of Defense or funds made available in 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 9495 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, 2027: 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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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) shall 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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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 2027: 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
requirement: Provided, That this subsection shall not
25
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•HR 9495 RH
apply to transfers from the following appropriations ac-
1
counts:
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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•HR 9495 RH
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, or materially modify the scope of, a
11
special access program without prior notification 30 cal-
12
endar days in advance to the congressional defense com-
13
mittees.
14
SEC. 8010. (a) None of the funds made available to
15
the Department of Defense for this fiscal year or any prior
16
fiscal year shall be available to initiate: (1) a multiyear
17
contract that employs economic order quantity procure-
18
ment in excess of $20,000,000 in any one year of the con-
19
tract or that includes an unfunded contingent liability in
20
excess of $20,000,000; or (2) a contract for advance pro-
21
curement leading to a multiyear contract that employs
22
economic order quantity procurement in excess of
23
$20,000,000 in any one year, unless the congressional de-
24
fense committees have been notified at least 30 days in
25
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•HR 9495 RH
advance of the proposed contract award: Provided, That
1
no part of any appropriation made available to the Depart-
2
ment of Defense for this fiscal year or any prior fiscal
3
year shall be available to initiate a multiyear contract for
4
which the economic order quantity advance procurement
5
is not funded at least to the limits of the Government’s
6
liability: Provided further, That no part of any appropria-
7
tion made available to the Department of Defense for this
8
fiscal year or any prior fiscal year shall be available to
9
initiate multiyear procurement contracts for any systems
10
or component thereof if the value of the multiyear contract
11
would exceed $500,000,000 unless specifically provided in
12
this Act: Provided further, That no multiyear procurement
13
contract can be terminated without 30-day prior notifica-
14
tion to the congressional defense committees: Provided
15
further, That the execution of multiyear authority shall re-
16
quire the use of a present value analysis to determine low-
17
est cost compared to an annual procurement.
18
(b) None of the funds made available to the Depart-
19
ment of Defense for this fiscal year or any prior fiscal
20
year may be used for a multiyear contract executed after
21
the date of the enactment of this Act unless in the case
22
of any such contract—
23
(1) the Secretary of Defense has submitted to
24
Congress a budget request for full funding of units
25
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•HR 9495 RH
to be procured through the contract and, in the case
1
of a contract for procurement of aircraft, that in-
2
cludes, for any aircraft unit to be procured through
3
the contract for which procurement funds are re-
4
quested in that budget request for production be-
5
yond advance procurement activities in the fiscal
6
year covered by the budget, full funding of procure-
7
ment of such unit in that fiscal year;
8
(2) cancellation provisions in the contract do
9
not include consideration of recurring manufacturing
10
costs of the contractor associated with the produc-
11
tion of unfunded units to be delivered under the con-
12
tract;
13
(3) the contract provides that payments to the
14
contractor under the contract shall not be made in
15
advance of incurred costs on funded units; and
16
(4) the contract does not provide for a price ad-
17
justment based on a failure.
18
(c) Notwithstanding subsection (b)(4)(B) of section
19
804 of the National Defense Authorization Act for Fiscal
20
Year 2026 (Public Law 119–60), funds appropriated to
21
the Department of Defense in title III of this Act or in
22
any other provision of law may be used for multiyear pro-
23
curement contracts as follows: John Lewis class Oilers; for
24
a period of not more than five years, as follows: Standard
25
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•HR 9495 RH
Missile–6; Long Range Anti-Ship Missile; Joint Air-to-
1
Surface Standoff Missile Extended Range; Advanced Me-
2
dium-Range Air-to-Air Missile; and Standard Missile–3
3
Block 1B; Joint Advanced Tactical Missile; Precision
4
Strike Missile; Standard Missile–3 IIA; for a period of not
5
more than seven years, as follows: PATRIOT Advanced
6
Capability–3 Missile Segment Enhancement; Terminal
7
High Altitude Area Defense; and Tomahawk Cruise Mis-
8
sile Systems; and for a period of not more than three
9
years, as follows: Family of Affordable Mass Missiles
10
(FAMM), Ground-Launched Low-Cost Cruise Missile Sys-
11
tems, and Low-cost hypersonic strike systems; Provided,
12
That for FAMM, Ground-Launched Low-Cost Cruise Mis-
13
sile, or Low-cost hypersonic strike systems, a multiyear
14
contract may not be initiated unless the Secretary of De-
15
fense has submitted a notification to the Committees on
16
Appropriations of the House of Representatives and the
17
Senate certifying completion of qualification and oper-
18
ational test and evaluation of such system at least 30 days
19
in advance of a contract award.
20
SEC. 8011. Within the funds appropriated for the op-
21
eration and maintenance of the Armed Forces, funds are
22
hereby appropriated pursuant to section 401 of title 10,
23
United States Code, for humanitarian and civic assistance
24
costs under chapter 20 of title 10, United States Code:
25
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•HR 9495 RH
Provided, That such funds may also be obligated for hu-
1
manitarian and civic assistance costs incidental to author-
2
ized operations and pursuant to authority granted in sec-
3
tion 401 of title 10, United States Code, and these obliga-
4
tions shall be reported as required by section 401(d) of
5
title 10, United States Code: Provided further, That funds
6
available for operation and maintenance shall be available
7
for providing humanitarian and similar assistance by
8
using Civic Action Teams in the Trust Territories of the
9
Pacific Islands and freely associated states of Micronesia,
10
pursuant to the Compact of Free Association as author-
11
ized by Public Law 99–239: Provided further, That upon
12
a determination by the Secretary of Defense that such ac-
13
tion is beneficial for graduate medical education programs
14
conducted at Defense Health Agency medical facilities lo-
15
cated in Hawaii, the Secretary of Defense may authorize
16
the provision of medical services at such facilities and
17
transportation to such facilities, on a nonreimbursable
18
basis, for civilian patients from American Samoa, the
19
Commonwealth of the Northern Mariana Islands, the Mar-
20
shall Islands, the Federated States of Micronesia, Palau,
21
and Guam.
22
SEC. 8012. None of the funds appropriated by this
23
or any other Act, including prior year Acts, may be used
24
to obligate and expend funds in the Defense Moderniza-
25
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•HR 9495 RH
tion Account made available in accordance with subsection
1
(c) of section 3136 of title 10, United States Code, except
2
for the purposes described in paragraphs (d)(1) through
3
(d)(4): Provided, That any program increases, as detailed
4
in the tables titled Explanation of Project Level Adjust-
5
ments in the report accompanying this Act, may not be
6
transferred to the Defense Modernization Account pursu-
7
ant to subsection (c) of section 3136 of title 10, United
8
States Code.
9
SEC. 8013. None of the funds made available by this
10
Act shall be used in any way, directly or indirectly, to in-
11
fluence congressional action on any legislation or appro-
12
priation matters pending before the Congress.
13
SEC. 8014. None of the funds available in this Act
14
to the Department of Defense, other than appropriations
15
made for necessary or routine refurbishments, upgrades,
16
or maintenance activities, shall be used to reduce or to
17
prepare to reduce the number of deployed and non-de-
18
ployed strategic delivery vehicles and launchers below the
19
levels set forth in the report submitted to Congress in ac-
20
cordance with section 1042 of the National Defense Au-
21
thorization Act for Fiscal Year 2012.
22
(TRANSFER OF FUNDS)
23
SEC. 8015. (a) Funds appropriated in title III of this
24
Act for the Department of Defense Pilot Mentor-Prote´ge´
25
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•HR 9495 RH
Program may be transferred to any other appropriation
1
contained in this Act solely for the purpose of imple-
2
menting a Mentor-Prote´ge´ Program developmental assist-
3
ance agreement pursuant to section 4902 of title 10,
4
United States Code, under the authority of this provision
5
or any other transfer authority contained in this Act.
6
(b) The Secretary of Defense shall include with the
7
budget justification documents in support of the budget
8
for fiscal year 2028 (as submitted to Congress pursuant
9
to section 1105 of title 31, United States Code) a descrip-
10
tion of each transfer under this section that occurred dur-
11
ing the last fiscal year before the fiscal year in which such
12
budget is submitted.
13
SEC. 8016. None of the funds in this Act may be
14
available for the purchase by the Department of Defense
15
(and its departments and agencies) of welded shipboard
16
anchor and mooring chain unless the anchor and mooring
17
chain are manufactured in the United States from compo-
18
nents which are substantially manufactured in the United
19
States: Provided, That for the purpose of this section, the
20
term ‘‘manufactured’’ shall include cutting, heat treating,
21
quality control, testing of chain and welding (including the
22
forging and shot blasting process): Provided further, That
23
for the purpose of this section substantially all of the com-
24
ponents of anchor and mooring chain shall be considered
25
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•HR 9495 RH
to be produced or manufactured in the United States if
1
the aggregate cost of the components produced or manu-
2
factured in the United States exceeds the aggregate cost
3
of the components produced or manufactured outside the
4
United States: Provided further, That when adequate do-
5
mestic supplies are not available to meet Department of
6
Defense requirements on a timely basis, the Secretary of
7
the Service responsible for the procurement may waive this
8
restriction on a case-by-case basis by certifying in writing
9
to the Committees on Appropriations of the House of Rep-
10
resentatives and the Senate that such an acquisition must
11
be made in order to acquire capability for national security
12
purposes.
13
SEC. 8017. None of the funds appropriated by this
14
Act shall be used for the support of any nonappropriated
15
funds activity of the Department of Defense that procures
16
malt beverages and wine with nonappropriated funds for
17
resale (including such alcoholic beverages sold by the
18
drink) on a military installation located in the United
19
States unless such malt beverages and wine are procured
20
within that State, or in the case of the District of Colum-
21
bia, within the District of Columbia, in which the military
22
installation is located: Provided, That, in a case in which
23
the military installation is located in more than one State,
24
purchases may be made in any State in which the installa-
25
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•HR 9495 RH
tion is located: Provided further, That such local procure-
1
ment requirements for malt beverages and wine shall
2
apply to all alcoholic beverages only for military installa-
3
tions in States which are not contiguous with another
4
State: Provided further, That alcoholic beverages other
5
than wine and malt beverages, in contiguous States and
6
the District of Columbia shall be procured from the most
7
competitive source, price and other factors considered.
8
SEC. 8018. None of the funds available to the De-
9
partment of Defense may be used to demilitarize or dis-
10
pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,
11
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or
12
to demilitarize or destroy small arms ammunition or am-
13
munition components that are not otherwise prohibited
14
from commercial sale under Federal law, unless the small
15
arms ammunition or ammunition components are certified
16
by the Secretary of the Army or designee as unserviceable
17
or unsafe for further use.
18
SEC. 8019. No more than $500,000 of the funds ap-
19
propriated or made available in this Act shall be used dur-
20
ing a single fiscal year for any single relocation of an orga-
21
nization, unit, activity or function of the Department of
22
Defense into or within the National Capital Region: Pro-
23
vided, That the Secretary of Defense may waive this re-
24
striction on a case-by-case basis by certifying in writing
25
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•HR 9495 RH
to the congressional defense committees that such a relo-
1
cation is required in the best interest of the Government.
2
SEC. 8020. Of the funds made available in this Act
3
under
the
heading
‘‘Procurement,
Defense-Wide’’,
4
$41,821,000 shall be available only for incentive payments
5
authorized by section 504 of the Indian Financing Act of
6
1974 (25 U.S.C. 1544): Provided, That a prime contractor
7
or a subcontractor at any tier that makes a subcontract
8
award to any subcontractor or supplier as defined in sec-
9
tion 1544 of title 25, United States Code, or a small busi-
10
ness owned and controlled by an individual or individuals
11
defined under section 4221(9) of title 25, United States
12
Code, shall be considered a contractor for the purposes
13
of being allowed additional compensation under section
14
504 of the Indian Financing Act of 1974 (25 U.S.C.
15
1544) whenever the prime contract or subcontract amount
16
is over $500,000 and involves the expenditure of funds
17
appropriated by an Act making appropriations for the De-
18
partment of Defense with respect to any fiscal year: Pro-
19
vided further, That notwithstanding section 1906 of title
20
41, United States Code, this section shall be applicable
21
to any Department of Defense acquisition of supplies or
22
services, including any contract and any subcontract at
23
any tier for acquisition of commercial items produced or
24
manufactured, in whole or in part, by any subcontractor
25
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•HR 9495 RH
or supplier defined in section 1544 of title 25, United
1
States Code, or a small business owned and controlled by
2
an individual or individuals defined under section 4221(9)
3
of title 25, United States Code.
4
SEC. 8021. (a) Notwithstanding any other provision
5
of law, the Secretary of the Air Force may convey at no
6
cost to the Air Force, without consideration, to Indian
7
tribes located in the States of Nevada, Idaho, North Da-
8
kota, South Dakota, Montana, Oregon, Minnesota, and
9
Washington relocatable military housing units located at
10
Grand Forks Air Force Base, Malmstrom Air Force Base,
11
Mountain Home Air Force Base, Ellsworth Air Force
12
Base, and Minot Air Force Base that are excess to the
13
needs of the Air Force.
14
(b) The Secretary of the Air Force shall convey, at
15
no cost to the Air Force, military housing units under sub-
16
section (a) in accordance with the request for such units
17
that are submitted to the Secretary by the Operation
18
Walking Shield Program on behalf of Indian tribes located
19
in the States of Nevada, Idaho, North Dakota, South Da-
20
kota, Montana, Oregon, Minnesota, and Washington. Any
21
such conveyance shall be subject to the condition that the
22
housing units shall be removed within a reasonable period
23
of time, as determined by the Secretary.
24
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•HR 9495 RH
(c) The Operation Walking Shield Program shall re-
1
solve any conflicts among requests of Indian tribes for
2
housing units under subsection (a) before submitting re-
3
quests to the Secretary of the Air Force under subsection
4
(b).
5
(d) In this section, the term ‘‘Indian tribe’’ means
6
any recognized Indian tribe included on the current list
7
published by the Secretary of the Interior under section
8
104 of the Federally Recognized Indian Tribe Act of 1994
9
(Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131).
10
SEC. 8022. Of the funds appropriated to the Depart-
11
ment of Defense under the heading ‘‘Operation and Main-
12
tenance, Defense-Wide’’, not less than $12,000,000 may
13
be made available only for the mitigation of environmental
14
impacts, including training and technical assistance to
15
tribes, related administrative support, the gathering of in-
16
formation, documenting of environmental damage, and de-
17
veloping a system for prioritization of mitigation and cost
18
to complete estimates for mitigation, on Indian lands re-
19
sulting from Department of Defense activities.
20
SEC. 8023. Funds appropriated by this Act for the
21
Defense Media Activity shall not be used for any national
22
or international political or psychological activities.
23
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•HR 9495 RH
SEC. 8024. (a) Of the funds made available in this
1
Act, not less than $87,100,000 shall be available for the
2
Civil Air Patrol Corporation, of which—
3
(1) $62,200,000 shall be available from ‘‘Oper-
4
ation and Maintenance, Air Force’’ to support Civil
5
Air Patrol Corporation operation and maintenance,
6
readiness, counter-drug activities, and drug demand
7
reduction activities involving youth programs;
8
(2) $21,500,000 shall be available from ‘‘Air-
9
craft Procurement, Air Force’’; and
10
(3) $3,400,000 shall be available from ‘‘Other
11
Procurement, Air Force’’ for vehicle procurement.
12
(b) The Secretary of the Air Force should waive reim-
13
bursement for any funds used by the Civil Air Patrol for
14
counter-drug activities in support of Federal, State, and
15
local government agencies.
16
SEC. 8025. (a) None of the funds appropriated in this
17
Act are available to establish a new Department of De-
18
fense (department) federally funded research and develop-
19
ment center (FFRDC), either as a new entity, or as a
20
separate entity administrated by an organization man-
21
aging another FFRDC, or as a nonprofit membership cor-
22
poration consisting of a consortium of other FFRDCs and
23
other nonprofit entities.
24
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(b) Except when acting in a technical advisory capac-
1
ity, no member of a Board of Directors, Trustees, Over-
2
seers, Advisory Group, Special Issues Panel, Visiting Com-
3
mittee, or any similar entity of a defense FFRDC, or any
4
entity that contracts with the Federal government to man-
5
age or operate one or more FFRDCs, or any paid consult-
6
ant to a defense FFRDC shall receive funds appropriated
7
by this Act as compensation for services as a member of
8
such entity: Provided, That a member of any such entity
9
shall be allowed travel expenses and per diem as author-
10
ized under the Federal Joint Travel Regulations, when en-
11
gaged in the performance of membership duties: Provided
12
further, That except when acting in a technical advisory
13
capacity, no paid consultant shall receive funds appro-
14
priated by this Act as compensation by more than one
15
FFRDC in a calendar year.
16
(c) Notwithstanding any other provision of law, none
17
of the funds available to the department from any source
18
during the current fiscal year may be used by a defense
19
FFRDC, through a fee or other payment mechanism, for
20
construction of new buildings not located on a military in-
21
stallation, for payment of cost sharing for projects funded
22
by Government grants, for absorption of contract over-
23
runs, or for certain charitable contributions, not to include
24
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•HR 9495 RH
employee participation in community service and/or devel-
1
opment.
2
(d) Notwithstanding any other provision of law, of
3
the funds appropriated in this Act, not more than
4
$3,030,615,000 may be funded for professional technical
5
staff-related costs of the defense FFRDCs: Provided, That
6
within such funds, not more than $484,365,000 shall be
7
available for the defense studies and analysis FFRDCs:
8
Provided further, That this subsection shall not apply to
9
staff years funded in the National Intelligence Program
10
and the Military Intelligence Program: Provided further,
11
That the Secretary of Defense shall, with the submission
12
of the department’s fiscal year 2028 budget request, sub-
13
mit a report presenting the specific amounts of staff years
14
of technical effort to be allocated for each defense FFRDC
15
by program during that fiscal year and the associated
16
budget estimates, by appropriation account and program.
17
SEC. 8026. For the purposes of this Act, the term
18
‘‘congressional defense committees’’ means the Armed
19
Services Committee of the House of Representatives, the
20
Armed Services Committee of the Senate, the Sub-
21
committee on Defense of the Committee on Appropriations
22
of the House of Representatives, and the Subcommittee
23
on Defense of the Committee on Appropriations of the
24
Senate.
25
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•HR 9495 RH
SEC. 8027. For the purposes of this Act, the term
1
‘‘congressional intelligence committees’’ means the Perma-
2
nent Select Committee on Intelligence of the House of
3
Representatives, the Select Committee on Intelligence of
4
the Senate, the Subcommittee on Defense of the Com-
5
mittee on Appropriations of the House of Representatives,
6
and the Subcommittee on Defense of the Committee on
7
Appropriations of the Senate.
8
SEC. 8028. During the current fiscal year, the De-
9
partment of Defense may acquire the modification, depot
10
maintenance and repair of aircraft, vehicles and vessels
11
as well as the production of components and other De-
12
fense-related articles, through competition between De-
13
partment of Defense depot maintenance activities and pri-
14
vate firms: Provided, That the Senior Acquisition Execu-
15
tive of the military department or Defense Agency con-
16
cerned, with power of delegation, shall certify that success-
17
ful bids include comparable estimates of all direct and in-
18
direct costs for both public and private bids: Provided fur-
19
ther, That Office of Management and Budget Circular A–
20
76 shall not apply to competitions conducted under this
21
section.
22
SEC. 8029. (a) None of the funds appropriated in this
23
Act may be expended by an entity of the Department of
24
Defense unless the entity, in expending the funds, com-
25
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plies with the Buy American Act. For purposes of this
1
subsection, the term ‘‘Buy American Act’’ means chapter
2
83 of title 41, United States Code.
3
(b) If the Secretary of Defense determines that a per-
4
son has been convicted of intentionally affixing a label
5
bearing a ‘‘Made in America’’ inscription to any product
6
sold in or shipped to the United States that is not made
7
in America, the Secretary shall determine, in accordance
8
with section 4658 of title 10, United States Code, whether
9
the person should be debarred from contracting with the
10
Department of Defense.
11
(c) In the case of any equipment or products pur-
12
chased with appropriations provided under this Act, it is
13
the sense of the Congress that any entity of the Depart-
14
ment of Defense, in expending the appropriation, purchase
15
only American-made equipment and products, provided
16
that American-made equipment and products are cost-
17
competitive, quality competitive, and available in a timely
18
fashion.
19
SEC. 8030. None of the funds appropriated or made
20
available in this Act shall be used to procure carbon, alloy,
21
or armor steel plate for use in any Government-owned fa-
22
cility or property under the control of the Department of
23
Defense which were not melted and rolled in the United
24
States or Canada: Provided, That these procurement re-
25
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strictions shall apply to any and all Federal Supply Class
1
9515, American Society of Testing and Materials (ASTM)
2
or American Iron and Steel Institute (AISI) specifications
3
of carbon, alloy or armor steel plate: Provided further,
4
That the Secretary of the military department responsible
5
for the procurement may waive this restriction on a case-
6
by-case basis by certifying in writing to the Committees
7
on Appropriations of the House of Representatives and the
8
Senate that adequate domestic supplies are not available
9
to meet Department of Defense requirements on a timely
10
basis and that such an acquisition must be made in order
11
to acquire capability for national security purposes: Pro-
12
vided further, That these restrictions shall not apply to
13
contracts which are in being as of the date of the enact-
14
ment of this Act.
15
SEC. 8031. (a)(1) If the Secretary of Defense, after
16
consultation with the United States Trade Representative,
17
determines that a foreign country which is party to an
18
agreement described in paragraph (2) has violated the
19
terms of the agreement by discriminating against certain
20
types of products produced in the United States that are
21
covered by the agreement, the Secretary of Defense shall
22
rescind the Secretary’s blanket waiver of the Buy Amer-
23
ican Act with respect to such types of products produced
24
in that foreign country.
25
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(2) An agreement referred to in paragraph (1) is any
1
reciprocal defense procurement memorandum of under-
2
standing, between the United States and a foreign country
3
pursuant to which the Secretary of Defense has prospec-
4
tively waived the Buy American Act for certain products
5
in that country.
6
(b) The Secretary of Defense shall submit to the Con-
7
gress a report on the amount of Department of Defense
8
purchases from foreign entities in fiscal year 2027. Such
9
report shall separately indicate the dollar value of items
10
for which the Buy American Act was waived pursuant to
11
any agreement described in subsection (a)(2), the Trade
12
Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any
13
international agreement to which the United States is a
14
party.
15
(c) For purposes of this section, the term ‘‘Buy
16
American Act’’ means chapter 83 of title 41, United
17
States Code.
18
SEC. 8032. None of the funds appropriated by this
19
Act may be used for the procurement of ball and roller
20
bearings other than those produced by a domestic source
21
and of domestic origin: Provided, That the Secretary of
22
the military department responsible for such procurement
23
may waive this restriction on a case-by-case basis by certi-
24
fying in writing to the Committees on Appropriations of
25
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•HR 9495 RH
the House of Representatives and the Senate, that ade-
1
quate domestic supplies are not available to meet Depart-
2
ment of Defense requirements on a timely basis and that
3
such an acquisition must be made in order to acquire ca-
4
pability for national security purposes: Provided further,
5
That this restriction shall not apply to the purchase of
6
‘‘commercial products’’, as defined by section 103 of title
7
41, United States Code, except that the restriction shall
8
apply to ball or roller bearings purchased as end items.
9
SEC. 8033. None of the funds in this Act may be
10
used to purchase any supercomputer which is not manu-
11
factured in the United States, unless the Secretary of De-
12
fense certifies to the congressional defense committees
13
that such an acquisition must be made in order to acquire
14
capability for national security purposes that is not avail-
15
able from United States manufacturers.
16
SEC. 8034. (a) The Secretary of Defense may, on a
17
case-by-case basis, waive with respect to a foreign country
18
each limitation on the procurement of defense items from
19
foreign sources provided in law if the Secretary determines
20
that the application of the limitation with respect to that
21
country would invalidate cooperative programs entered
22
into between the Department of Defense and the foreign
23
country, or would invalidate reciprocal trade agreements
24
for the procurement of defense items entered into under
25
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section 4851 of title 10, United States Code, and the
1
country does not discriminate against the same or similar
2
defense items produced in the United States for that coun-
3
try.
4
(b) Subsection (a) applies with respect to—
5
(1) contracts and subcontracts entered into on
6
or after the date of the enactment of this Act; and
7
(2) options for the procurement of items that
8
are exercised after such date under contracts that
9
are entered into before such date if the option prices
10
are adjusted for any reason other than the applica-
11
tion of a waiver granted under subsection (a).
12
(c) Subsection (a) does not apply to a limitation re-
13
garding construction of public vessels, ball and roller bear-
14
ings, food, and clothing or textile materials as defined by
15
section XI (chapters 50–65) of the Harmonized Tariff
16
Schedule of the United States and products classified
17
under headings 4010, 4202, 4203, 6401 through 6406,
18
6505, 7019, 7218 through 7229, 7304.41 through
19
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
20
8211, 8215, and 9404.
21
SEC. 8035. None of the funds made available in this
22
Act, or any subsequent Act making appropriations for the
23
Department of Defense, may be used for the purchase or
24
manufacture of a flag of the United States unless such
25
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flags are treated as covered items under section 4862(b)
1
of title 10, United States Code.
2
SEC. 8036. During the current fiscal year, amounts
3
contained in the Department of Defense Overseas Military
4
Facility Investment Recovery Account shall be available
5
until expended for the payments specified by section
6
2687a(b)(2) of title 10, United States Code.
7
SEC. 8037. During the current fiscal year, appropria-
8
tions which are available to the Department of Defense
9
for operation and maintenance may be used to purchase
10
items having an investment item unit cost of not more
11
than $350,000: Provided, That upon determination by the
12
Secretary of Defense that such action is necessary to meet
13
the operational requirements of a Commander of a Com-
14
batant Command engaged in a named contingency oper-
15
ation overseas, such funds may be used to purchase items
16
having an investment item unit cost of not more than
17
$500,000.
18
SEC. 8038. Up to $18,000,000 of the funds appro-
19
priated under the heading ‘‘Operation and Maintenance,
20
Navy’’ may be made available for the Asia Pacific Re-
21
gional Initiative Program for the purpose of enabling the
22
United States Indo-Pacific Command to execute Theater
23
Security Cooperation activities such as humanitarian as-
24
sistance, and payment of incremental and personnel costs
25
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•HR 9495 RH
of training and exercising with foreign security forces:
1
Provided, That funds made available for this purpose may
2
be used, notwithstanding any other funding authorities for
3
humanitarian assistance, security assistance or combined
4
exercise expenses: Provided further, That funds may not
5
be obligated to provide assistance to any foreign country
6
that is otherwise prohibited from receiving such type of
7
assistance under any other provision of law.
8
SEC. 8039. The Secretary of Defense shall issue reg-
9
ulations to prohibit the sale of any tobacco or tobacco-
10
related products in military resale outlets in the United
11
States, its territories and possessions at a price below the
12
most competitive price in the local community: Provided,
13
That such regulations shall direct that the prices of to-
14
bacco or tobacco-related products in overseas military re-
15
tail outlets shall be within the range of prices established
16
for military retail system stores located in the United
17
States.
18
SEC. 8040. (a) During the current fiscal year, none
19
of the appropriations or funds available to the Department
20
of Defense Working Capital Funds shall be used for the
21
purchase of an investment item for the purpose of acquir-
22
ing a new inventory item for sale or anticipated sale dur-
23
ing the current fiscal year or a subsequent fiscal year to
24
customers of the Department of Defense Working Capital
25
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Funds if such an item would not have been chargeable
1
to the Department of Defense Business Operations Fund
2
during fiscal year 1994 and if the purchase of such an
3
investment item would be chargeable during the current
4
fiscal year to appropriations made to the Department of
5
Defense for procurement.
6
(b) The fiscal year 2028 budget request for the De-
7
partment of Defense as well as all justification material
8
and other documentation supporting the fiscal year 2028
9
Department of Defense budget shall be prepared and sub-
10
mitted to the Congress on the basis that any equipment
11
which was classified as an end item and funded in a pro-
12
curement appropriation contained in this Act shall be
13
budgeted for in a proposed fiscal year 2028 procurement
14
appropriation and not in the supply management business
15
area or any other area or category of the Department of
16
Defense Working Capital Funds.
17
SEC. 8041. None of the funds appropriated by this
18
Act for programs of the Central Intelligence Agency shall
19
remain available for obligation beyond the current fiscal
20
year, except for funds appropriated for the Reserve for
21
Contingencies, which shall remain available until Sep-
22
tember 30, 2028: Provided, That funds appropriated,
23
transferred, or otherwise credited to the Central Intel-
24
ligence Agency Central Services Working Capital Fund
25
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•HR 9495 RH
during this or any prior fiscal year shall remain available
1
until expended: Provided further, That any funds appro-
2
priated or transferred to the Central Intelligence Agency
3
for advanced research and development acquisition, for
4
agent operations, and for covert action programs author-
5
ized by the President under section 503 of the National
6
Security Act of 1947 (50 U.S.C. 3093) shall remain avail-
7
able until September 30, 2028: Provided further, That any
8
funds appropriated or transferred to the Central Intel-
9
ligence Agency for the construction, improvement, or al-
10
teration of facilities, including leased facilities, to be used
11
primarily by personnel of the intelligence community, shall
12
remain available until September 30, 2029.
13
SEC. 8042. (a) Except as provided in subsections (b)
14
and (c), none of the funds made available by this Act may
15
be used—
16
(1) to establish a field operating agency; or
17
(2) to pay the basic pay of a member of the
18
Armed Forces or civilian employee of the Depart-
19
ment of Defense who is transferred or reassigned
20
from a headquarters activity if the member or em-
21
ployee’s place of duty remains at the location of that
22
headquarters.
23
(b) The Secretary of Defense or Secretary of a mili-
24
tary department may waive the limitations in subsection
25
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•HR 9495 RH
(a), on a case-by-case basis, if the Secretary determines,
1
and certifies to the Committees on Appropriations of the
2
House of Representatives and the Senate that the grant-
3
ing of the waiver will reduce the personnel requirements
4
or the financial requirements of the department.
5
(c) This section does not apply to—
6
(1) field operating agencies funded within the
7
National Intelligence Program;
8
(2) an Army field operating agency established
9
to eliminate, mitigate, or counter the effects of im-
10
provised explosive devices, and, as determined by the
11
Secretary of the Army, other similar threats;
12
(3) an Army field operating agency established
13
to improve the effectiveness and efficiencies of bio-
14
metric activities and to integrate common biometric
15
technologies throughout the Department of Defense;
16
or
17
(4) an Air Force field operating agency estab-
18
lished to administer the Air Force Mortuary Affairs
19
Program and Mortuary Operations for the Depart-
20
ment of Defense and authorized Federal entities.
21
SEC. 8043. (a) None of the funds appropriated by
22
this Act shall be available to convert to contractor per-
23
formance an activity or function of the Department of De-
24
fense that, on or after the date of the enactment of this
25
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Act, is performed by Department of Defense civilian em-
1
ployees unless—
2
(1) the conversion is based on the result of a
3
public-private competition that includes a most effi-
4
cient and cost effective organization plan developed
5
by such activity or function;
6
(2) the Competitive Sourcing Official deter-
7
mines that, over all performance periods stated in
8
the solicitation of offers for performance of the ac-
9
tivity or function, the cost of performance of the ac-
10
tivity or function by a contractor would be less costly
11
to the Department of Defense by an amount that
12
equals or exceeds the lesser of—
13
(A) 10 percent of the most efficient organi-
14
zation’s personnel-related costs for performance
15
of that activity or function by Federal employ-
16
ees; or
17
(B) $10,000,000; and
18
(3) the contractor does not receive an advan-
19
tage for a proposal that would reduce costs for the
20
Department of Defense by—
21
(A) not making an employer-sponsored
22
health insurance plan available to the workers
23
who are to be employed in the performance of
24
that activity or function under the contract; or
25
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(B) offering to such workers an employer-
1
sponsored health benefits plan that requires the
2
employer to contribute less towards the pre-
3
mium or subscription share than the amount
4
that is paid by the Department of Defense for
5
health benefits for civilian employees under
6
chapter 89 of title 5, United States Code.
7
(b)(1) The Department of Defense, without regard
8
to subsection (a) of this section or subsection (a), (b), or
9
(c) of section 2461 of title 10, United States Code, and
10
notwithstanding any administrative regulation, require-
11
ment, or policy to the contrary shall have full authority
12
to enter into a contract for the performance of any com-
13
mercial or industrial type function of the Department of
14
Defense that—
15
(A) is included on the procurement list estab-
16
lished pursuant to section 2 of the Javits-Wagner-
17
O’Day Act (section 8503 of title 41, United States
18
Code);
19
(B) is planned to be converted to performance
20
by a qualified nonprofit agency for the blind or by
21
a qualified nonprofit agency for other severely handi-
22
capped individuals in accordance with that Act; or
23
(C) is planned to be converted to performance
24
by a qualified firm under at least 51 percent owner-
25
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•HR 9495 RH
ship by an Indian tribe, as defined in section 4(e)
1
of the Indian Self-Determination and Education As-
2
sistance Act (25 U.S.C. 450b(e)), or a Native Ha-
3
waiian Organization, as defined in section 8(a)(15)
4
of the Small Business Act (15 U.S.C. 637(a)(15)).
5
(2) This section shall not apply to depot contracts
6
or contracts for depot maintenance as provided in sections
7
2469 and 2474 of title 10, United States Code.
8
(c) The conversion of any activity or function of the
9
Department of Defense under the authority provided by
10
this section shall be credited toward any competitive or
11
outsourcing goal, target, or measurement that may be es-
12
tablished by statute, regulation, or policy and is deemed
13
to be awarded under the authority of, and in compliance
14
with, subsection (h) of section 2304 of title 10, United
15
States Code, for the competition or outsourcing of com-
16
mercial activities.
17
(RESCISSIONS)
18
SEC. 8044. Of the funds appropriated in Department
19
of Defense Appropriations Acts, the following funds are
20
hereby rescinded from the following accounts and pro-
21
grams in the specified amounts: Provided, That no
22
amounts may be rescinded from amounts that were des-
23
ignated by the Congress as an emergency requirement
24
pursuant to a concurrent resolution on the budget or the
25
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Balanced Budget and Emergency Deficit Control Act of
1
1985:
2
‘‘Procurement of Ammunition, Army’’, 2025/
3
2027, $19,165,000;
4
‘‘Counter-Islamic State of Iraq and Syria Train
5
and Equip Fund’’, 2026/2027, $20,000,000;
6
‘‘Other
Procurement,
Army’’,
2026/2028,
7
$45,000,000;
8
‘‘Research, Development, Test and Evaluation,
9
Army’’, 2026/2027, $84,000,000;
10
‘‘Research, Development, Test and Evaluation,
11
Navy’’, 2026/2027, $94,200,000;
12
‘‘Research, Development, Test and Evaluation,
13
Defense-Wide’’, 2026/2027, $142,800,000.
14
SEC. 8045. None of the funds available in this Act
15
may be used to reduce the authorized positions for mili-
16
tary technicians (dual status) of the Army National
17
Guard, Air National Guard, Army Reserve and Air Force
18
Reserve for the purpose of applying any administratively
19
imposed civilian personnel ceiling, freeze, or reduction on
20
military technicians (dual status), unless such reductions
21
are a direct result of a reduction in military force struc-
22
ture.
23
SEC. 8046. None of the funds appropriated or other-
24
wise made available in this Act may be obligated or ex-
25
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pended for assistance to the Democratic People’s Republic
1
of Korea unless specifically appropriated for that purpose:
2
Provided, That this restriction shall not apply to any ac-
3
tivities incidental to the Defense POW/MIA Accounting
4
Agency mission to recover and identify the remains of
5
United States Armed Forces personnel from the Demo-
6
cratic People’s Republic of Korea.
7
SEC. 8047. (a) None of the funds available to the
8
Department of Defense for any fiscal year for drug inter-
9
diction or counter-drug activities may be transferred to
10
any other department or agency of the United States ex-
11
cept as specifically provided in an appropriations law.
12
(b) None of the funds available to the Central Intel-
13
ligence Agency for any fiscal year for drug interdiction or
14
counter-drug activities may be transferred to any other de-
15
partment or agency of the United States except as specifi-
16
cally provided in an appropriations law.
17
SEC. 8048. In addition to the amounts appropriated
18
or otherwise made available elsewhere in this Act,
19
$60,000,000 is hereby appropriated to the Department of
20
Defense: Provided, That upon the determination of the
21
Secretary of Defense that it shall serve the national inter-
22
est, the Secretary shall make grants in the amounts speci-
23
fied as follows: $30,000,000 to the United Service Organi-
24
zations and $30,000,000 to the Red Cross.
25
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SEC. 8049. Notwithstanding any other provision in
1
this Act, the Small Business Innovation Research program
2
and the Small Business Technology Transfer program set-
3
asides shall be taken proportionally from all programs,
4
projects, or activities to the extent they contribute to the
5
extramural budget. The Secretary of each military depart-
6
ment, the Director of each Defense Agency, and the head
7
of each other relevant component of the Department of
8
Defense shall submit to the congressional defense commit-
9
tees, concurrent with submission of the budget justifica-
10
tion documents to Congress pursuant to section 1105 of
11
title 31, United States Code, a report with a detailed ac-
12
counting of the Small Business Innovation Research pro-
13
gram and the Small Business Technology Transfer pro-
14
gram set-asides taken from programs, projects, or activi-
15
ties within such department, agency, or component during
16
the most recently completed fiscal year.
17
SEC. 8050. None of the funds available to the De-
18
partment of Defense under this Act shall be obligated or
19
expended to pay a contractor under a contract with the
20
Department of Defense for costs of any amount paid by
21
the contractor to an employee when—
22
(1) such costs are for a bonus or otherwise in
23
excess of the normal salary paid by the contractor
24
to the employee; and
25
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(2) such bonus is part of restructuring costs as-
1
sociated with a business combination.
2
(INCLUDING TRANSFER OF FUNDS)
3
SEC. 8051. During the current fiscal year, no more
4
than $30,000,000 of appropriations made in this Act
5
under the heading ‘‘Operation and Maintenance, Defense-
6
Wide’’ may be transferred to appropriations available for
7
the pay of military personnel, to be merged with, and to
8
be available for the same time period as the appropriations
9
to which transferred, to be used in support of such per-
10
sonnel in connection with support and services for eligible
11
organizations and activities outside the Department of De-
12
fense pursuant to section 2012 of title 10, United States
13
Code.
14
SEC. 8052. (a) Notwithstanding any other provision
15
of law, the Chief of the National Guard Bureau may per-
16
mit the use of equipment of the National Guard Distance
17
Learning Project by any person or entity on a space-avail-
18
able, reimbursable basis. The Chief of the National Guard
19
Bureau shall establish the amount of reimbursement for
20
such use on a case-by-case basis.
21
(b) Amounts collected under subsection (a) shall be
22
credited to funds available for the National Guard Dis-
23
tance Learning Project and be available to defray the costs
24
associated with the use of equipment of the project under
25
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that subsection. Such funds shall be available for such
1
purposes without fiscal year limitation.
2
SEC. 8053. (a) None of the funds appropriated or
3
otherwise made available by this or prior Acts may be obli-
4
gated or expended to retire, prepare to retire, or place in
5
storage or on backup aircraft inventory status any C–40
6
aircraft.
7
(b) The limitation under subsection (a) shall not
8
apply to an individual C–40 aircraft that the Secretary
9
of the Air Force determines, on a case-by-case basis, to
10
be no longer mission capable due to a Class A mishap.
11
(c) If the Secretary determines under subsection (b)
12
that an aircraft is no longer mission capable, the Secretary
13
shall submit to the congressional defense committees a
14
certification in writing that the status of such aircraft is
15
due to a Class A mishap and not due to lack of mainte-
16
nance, repairs, or other reasons.
17
(d) Not later than 90 days after the date of the enact-
18
ment of this Act, the Secretary of Defense shall submit
19
to the congressional defense committees a report on the
20
necessary steps taken by the Department of Defense to
21
meet the travel requirements for official or representa-
22
tional duties of members of Congress and the Cabinet in
23
fiscal years 2027 and 2028.
24
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SEC. 8054. (a) None of the funds appropriated in
1
title IV of this Act may be used to procure end-items for
2
delivery to military forces for operational training, oper-
3
ational use, or inventory requirements: Provided, That this
4
restriction does not apply to end-items used in develop-
5
ment, prototyping in accordance with an approved test
6
strategy, and test activities preceding and leading to ac-
7
ceptance for operational use.
8
(b) If the number of end-items budgeted with funds
9
appropriated in title IV of this Act exceeds the number
10
required in an approved test strategy, the Under Secretary
11
of Defense (Research and Engineering) and the Under
12
Secretary of Defense (Acquisition and Sustainment), in
13
coordination with the responsible Service Acquisition Ex-
14
ecutive, shall certify in writing to the congressional de-
15
fense committees that there is a bonafide need for the ad-
16
ditional end-items at the time of submittal to Congress
17
of the budget of the President for fiscal year 2028 pursu-
18
ant to section 1105 of title 31, United States Code: Pro-
19
vided, That this restriction does not apply to programs
20
funded within the National Intelligence Program.
21
(c) The Secretary of Defense shall, at the time of the
22
submittal to Congress of the budget of the President for
23
fiscal year 2028 pursuant to section 1105 of title 31,
24
United States Code, submit to the congressional defense
25
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committees a report detailing the use of funds requested
1
in research, development, test and evaluation accounts for
2
end-items used in development, prototyping and test ac-
3
tivities preceding and leading to acceptance for operational
4
use: Provided, That the report shall set forth, for each
5
end item covered by the preceding proviso, a detailed list
6
of the statutory authorities under which amounts in the
7
accounts described in that proviso were used for such item:
8
Provided further, That the Secretary of Defense shall, at
9
the time of the submittal to Congress of the budget of
10
the President for fiscal year 2028 pursuant to section
11
1105 of title 31, United States Code, submit to the con-
12
gressional defense committees a certification that funds
13
requested for fiscal year 2028 in research, development,
14
test and evaluation accounts are in compliance with this
15
section: Provided further, That the Secretary of Defense
16
may waive this restriction on a case-by-case basis by certi-
17
fying in writing to the Subcommittees on Defense of the
18
Committees on Appropriations of the House of Represent-
19
atives and the Senate that it is in the national security
20
interest to do so.
21
SEC. 8055. None of the funds appropriated or other-
22
wise made available by this or other Department of De-
23
fense Appropriations Acts may be obligated or expended
24
for the purpose of performing repairs or maintenance to
25
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military family housing units of the Department of De-
1
fense, including areas in such military family housing
2
units that may be used for the purpose of conducting offi-
3
cial Department of Defense business.
4
SEC. 8056. Notwithstanding any other provision of
5
law, funds appropriated in this Act under the heading
6
‘‘Research, Development, Test and Evaluation, Defense-
7
Wide’’ for any new start Defense Innovation Acceleration
8
(PE 0603838D8Z) or Rapid Prototyping Program (PE
9
0604331D8Z) demonstration project with a value of more
10
than $5,000,000 may only be obligated 15 days after a
11
report, including a description of the project, the planned
12
acquisition and transition strategy and its estimated an-
13
nual and total cost, has been provided in writing to the
14
congressional defense committees: Provided, That the Sec-
15
retary of Defense may waive this restriction on a case-
16
by-case basis by certifying to the congressional defense
17
committees that it is in the national interest to do so.
18
SEC. 8057. The Secretary of Defense shall continue
19
to provide a classified quarterly report to the Committees
20
on Appropriations of the House of Representatives and the
21
Senate, Subcommittees on Defense on certain matters as
22
directed in the classified annex accompanying this Act.
23
SEC. 8058. Notwithstanding section 12310(b) of title
24
10, United States Code, a servicemember who is a member
25
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•HR 9495 RH
of the National Guard serving on full-time National Guard
1
duty under section 502(f) of title 32, United States Code,
2
may perform duties in support of the ground-based ele-
3
ments of the National Ballistic Missile Defense System.
4
SEC. 8059. None of the funds provided in this Act
5
may be used to transfer to any nongovernmental entity
6
ammunition held by the Department of Defense that has
7
a center-fire cartridge and a United States military no-
8
menclature designation of ‘‘armor penetrator’’, ‘‘armor
9
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’,
10
‘‘armor-piercing incendiary tracer (API–T)’’, ‘‘general
11
purpose (GP)’’, ‘‘special purpose (SP)’’ except 9mm, or
12
‘‘enhanced performance round (EPR)’’, except to an entity
13
performing demilitarization services for the Department of
14
Defense under a contract that requires the entity to dem-
15
onstrate to the satisfaction of the Department of Defense
16
that the above listed projectiles are either: (1) rendered
17
incapable of reuse by the demilitarization process; or (2)
18
used to manufacture ammunition pursuant to a contract
19
with the Department of Defense or the manufacture of
20
ammunition for export pursuant to a License for Perma-
21
nent Export of Unclassified Military Articles issued by the
22
Department of State.
23
SEC. 8060. Notwithstanding any other provision of
24
law, the Chief of the National Guard Bureau, or their des-
25
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93
•HR 9495 RH
ignee, may waive payment of all or part of the consider-
1
ation that otherwise would be required under section 2667
2
of title 10, United States Code, in the case of a lease of
3
personal property for a period not in excess of 1 year to
4
any organization specified in section 508(d) of title 32,
5
United States Code, or any other youth, social, or fra-
6
ternal nonprofit organization as may be approved by the
7
Chief of the National Guard Bureau, or their designee,
8
on a case-by-case basis.
9
(INCLUDING TRANSFER OF FUNDS)
10
SEC. 8061. Of the amounts appropriated in this Act
11
under the heading ‘‘Operation and Maintenance, Army’’,
12
$389,742,819 shall remain available until expended: Pro-
13
vided, That, notwithstanding any other provision of law,
14
the Secretary of Defense is authorized to transfer such
15
funds to other activities of the Federal Government: Pro-
16
vided further, That the Secretary of Defense is authorized
17
to enter into and carry out contracts for the acquisition
18
of real property, construction, personal services, and oper-
19
ations related to projects carrying out the purposes of this
20
section: Provided further, That contracts entered into
21
under the authority of this section may provide for such
22
indemnification as the Secretary determines to be nec-
23
essary: Provided further, That projects authorized by this
24
section shall comply with applicable Federal, State, and
25
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•HR 9495 RH
local law to the maximum extent consistent with the na-
1
tional security, as determined by the Secretary of Defense.
2
SEC. 8062. (a) None of the funds appropriated in this
3
or any other Act, including prior year Acts, may be used
4
to implement a change to—
5
(1) the appropriations account structure for the
6
National Intelligence Program budget, including
7
through the creation of a new appropriation or new
8
appropriation account;
9
(2) how the National Intelligence Program
10
budget request is presented in the unclassified P–1,
11
R–1, and O–1 documents supporting the Depart-
12
ment of Defense budget request;
13
(3) the process by which the National Intel-
14
ligence Program appropriations are apportioned to
15
the executing agencies; or
16
(4) the process by which the National Intel-
17
ligence Program appropriations are allotted, obli-
18
gated and disbursed.
19
(b) Nothing in subsection (a) shall be construed to
20
prohibit the merger of programs or changes to the Na-
21
tional Intelligence Program budget at or below the Ex-
22
penditure Center level, provided such change is otherwise
23
in accordance with subsection (a).
24
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(c) The Director of National Intelligence and the Sec-
1
retary of Defense may jointly study and develop detailed
2
proposals for alternative budget presentation and appro-
3
priation accounts. Such study shall include a comprehen-
4
sive counterintelligence risk assessment to ensure that
5
none of the alternative processes will adversely affect
6
counterintelligence.
7
(d) Upon development of the detailed proposals de-
8
fined under subsection (c), the Director of National Intel-
9
ligence and the Secretary of Defense shall—
10
(1) provide the proposed alternatives to all af-
11
fected agencies;
12
(2) receive certification from all affected agen-
13
cies attesting that the proposed alternatives will not
14
adversely affect counterintelligence; and
15
(3) not later than 30 days after receiving all
16
necessary certifications under paragraph (2), present
17
the proposed alternatives and certifications to the
18
congressional defense and intelligence committees.
19
(INCLUDING TRANSFER OF FUNDS)
20
SEC. 8063. During the current fiscal year, not to ex-
21
ceed $11,000,000 from each of the appropriations made
22
in title II of this Act for ‘‘Operation and Maintenance,
23
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
24
ation and Maintenance, Air Force’’ may be transferred by
25
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•HR 9495 RH
the military department concerned to its central fund es-
1
tablished for Fisher Houses and Suites pursuant to sec-
2
tion 2493(d) of title 10, United States Code.
3
(INCLUDING TRANSFER OF FUNDS)
4
SEC. 8064. In addition to amounts provided else-
5
where in this Act, $5,000,000 is hereby appropriated to
6
the Department of Defense, to remain available for obliga-
7
tion until expended: Provided, That notwithstanding any
8
other provision of law, that upon the determination of the
9
Secretary of Defense that it shall serve the national inter-
10
est, these funds shall be available only for a grant to the
11
Fisher House Foundation, Inc., only for the construction
12
and furnishing of additional Fisher Houses to meet the
13
needs of military family members when confronted with
14
the illness or hospitalization of an eligible military bene-
15
ficiary.
16
(INCLUDING TRANSFER OF FUNDS)
17
SEC. 8065. Of the amounts appropriated for ‘‘Oper-
18
ation and Maintenance, Navy’’, up to $1,000,000 shall be
19
available for transfer to the John C. Stennis Center for
20
Public Service Development Trust Fund established under
21
section 116 of the John C. Stennis Center for Public Serv-
22
ice Training and Development Act (2 U.S.C. 1105).
23
SEC. 8066. None of the funds available to the De-
24
partment of Defense may be obligated to modify command
25
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and control relationships to give Fleet Forces Command
1
operational and administrative control of United States
2
Navy forces assigned to the Pacific fleet: Provided, That
3
the command and control relationships which existed on
4
October 1, 2004, shall remain in force until a written
5
modification has been proposed to the Committees on Ap-
6
propriations of the House of Representatives and the Sen-
7
ate: Provided further, That the proposed modification may
8
be implemented 30 days after the notification unless an
9
objection is received from either the House or Senate Ap-
10
propriations Committees: Provided further, That any pro-
11
posed modification shall not preclude the ability of the
12
commander of United States Indo-Pacific Command to
13
meet operational requirements.
14
SEC. 8067. Any notice that is required to be sub-
15
mitted to the Committees on Appropriations of the House
16
of Representatives and the Senate under section 3601 of
17
title 10, United States Code, as added by section 804(a)
18
of the James M. Inhofe National Defense Authorization
19
Act for Fiscal Year 2023 shall be submitted pursuant to
20
that requirement concurrently to the Subcommittees on
21
Defense of the Committees on Appropriations of the
22
House of Representatives and the Senate.
23
SEC. 8068. Of the amounts appropriated in this Act
24
under the headings ‘‘Procurement, Defense-Wide’’ and
25
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‘‘Research, Development, Test and Evaluation, Defense-
1
Wide’’, $500,000,000 shall be for the Israeli Cooperative
2
Programs: Provided, That of this amount, $20,000,000
3
shall be for the Secretary of Defense to provide to the Gov-
4
ernment of Israel for the procurement of the Iron Dome
5
defense system to counter short-range rocket threats, sub-
6
ject to the U.S.-Israel Iron Dome Procurement Agree-
7
ment, as amended; $127,000,000 shall be for the Short
8
Range Ballistic Missile Defense (SRBMD) program, in-
9
cluding cruise missile defense research and development
10
under the SRBMD program; $30,000,000 shall be for co-
11
production activities of SRBMD systems in the United
12
States and in Israel to meet Israel’s defense requirements
13
consistent with each nation’s laws, regulations, and proce-
14
dures, subject to the U.S.-Israeli co-production agreement
15
for SRBMD, as amended; $150,000,000 shall be for an
16
upper-tier component to the Israeli Missile Defense Archi-
17
tecture, of which $150,000,000 shall be for co-production
18
activities of Arrow 3 Upper Tier systems in the United
19
States and in Israel to meet Israel’s defense requirements
20
consistent with each nation’s laws, regulations, and proce-
21
dures, subject to the U.S.-Israeli co-production agreement
22
for Arrow 3 Upper Tier, as amended; and $173,000,000
23
shall be for the Arrow System Improvement Program in-
24
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•HR 9495 RH
cluding development of a long range, ground and airborne,
1
detection suite.
2
SEC. 8069. Of the amounts appropriated in this Act
3
under the heading ‘‘Shipbuilding and Conversion, Navy’’,
4
$2,611,990,000 shall be available until September 30,
5
2027, to fund prior year shipbuilding costs increases for
6
the following programs:
7
(1) Under the heading ‘‘Shipbuilding and Con-
8
version, Navy’’, 2013/2027: Carrier Replacement
9
Program, $324,000,000;
10
(2) Under the heading ‘‘Shipbuilding and Con-
11
version, Navy’’, 2017/2027: DDG 51 Program,
12
$24,503,000;
13
(3) Under the heading ‘‘Shipbuilding and Con-
14
version, Navy’’, 2017/2027: LHA Replacement Pro-
15
gram, $164,300,000;
16
(4) Under the heading ‘‘Shipbuilding and Con-
17
version, Navy’’, 2018/2027: Virginia Class Sub-
18
marine Program, $44,244,000;
19
(5) Under the heading ‘‘Shipbuilding and Con-
20
version, Navy’’, 2018/2027: DDG 51 Program,
21
$69,919,000;
22
(6) Under the heading ‘‘Shipbuilding and Con-
23
version, Navy’’, 2018/2027: LPD 17 (Flight II) Am-
24
phibious Transport Dock Program, $58,800,000;
25
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(7) Under the heading ‘‘Shipbuilding and Con-
1
version, Navy’’, 2019/2027: Virginia Class Sub-
2
marine Program, $561,131,000;
3
(8) Under the heading ‘‘Shipbuilding and Con-
4
version, Navy’’, 2019/2027: DDG 51 Program,
5
$83,802,000;
6
(9) Under the heading ‘‘Shipbuilding and Con-
7
version, Navy’’, 2019/2027: Littoral Combat Ship
8
Program, $9,450,000;
9
(10) Under the heading ‘‘Shipbuilding and Con-
10
version, Navy’’, 2020/2027: CVN Refueling Over-
11
hauls, $379,200,000;
12
(11) Under the heading ‘‘Shipbuilding and Con-
13
version, Navy’’, 2020/2027: T–AO Fleet Oiler Pro-
14
gram, $16,020,000;
15
(12) Under the heading ‘‘Shipbuilding and Con-
16
version, Navy’’, 2021/2027: Columbia Class Sub-
17
marine Program, $566,542,000;
18
(13) Under the heading ‘‘Shipbuilding and Con-
19
version, Navy’’, 2021/2027: LPD 17 (Flight II) Am-
20
phibious Transport Dock Program, $44,689,000;
21
(14) Under the heading ‘‘Shipbuilding and Con-
22
version, Navy’’, 2022/2027: Expeditionary Sea Base
23
Program, $12,100,000;
24
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(15) Under the heading ‘‘Shipbuilding and Con-
1
version, Navy’’, 2022/2027: Expeditionary Fast
2
Transport Program, $8,423,000;
3
(16) Under the heading ‘‘Shipbuilding and Con-
4
version, Navy’’, 2022/2027: T–AO Fleet Oiler Pro-
5
gram, $127,000,000;
6
(17) Under the heading ‘‘Shipbuilding and Con-
7
version, Navy’’, 2023/2027: T–AO Fleet Oiler Pro-
8
gram, $23,100,000;
9
(18) Under the heading ‘‘Shipbuilding and Con-
10
version, Navy’’, 2024/2027: Columbia Class Sub-
11
marine Program, $19,386,000;
12
(19) Under the heading ‘‘Shipbuilding and Con-
13
version, Navy’’, 2024/2027: T–AO Fleet Oiler Pro-
14
gram, $1,181,000; and
15
(20) Under the heading ‘‘Shipbuilding and Con-
16
version, Navy’’, 2026/2027: T–AO Fleet Oiler Pro-
17
gram, $74,200,000.
18
SEC. 8070. Funds appropriated by this Act, or made
19
available by the transfer of funds in this Act, for intel-
20
ligence activities and intelligence-related activities are
21
deemed to be specifically authorized by the Congress for
22
purposes of section 504 of the National Security Act of
23
1947 (50 U.S.C. 3094) until the enactment of the Intel-
24
ligence Authorization Act for Fiscal Year 2027.
25
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SEC. 8071. None of the funds provided in this Act
1
shall be available for obligation or expenditure through a
2
reprogramming of funds that creates or initiates a new
3
program, project, or activity unless such program, project,
4
or activity must be undertaken immediately in the interest
5
of national security and only after written prior notifica-
6
tion to the congressional defense committees.
7
SEC. 8072. None of the funds in this Act may be
8
used for research, development, test, evaluation, procure-
9
ment or deployment of nuclear armed interceptors of a
10
missile defense system.
11
(INCLUDING TRANSFER OF FUNDS)
12
SEC. 8073. The Secretary of Defense may transfer
13
funds from any available Department of the Navy appro-
14
priation (except military construction) to any available
15
Navy ship construction appropriation for the purpose of
16
liquidating necessary changes resulting from inflation,
17
market fluctuations, or rate adjustments for any ship con-
18
struction program appropriated in law: Provided, That the
19
Secretary may transfer not to exceed $40,000,000 under
20
the authority provided by this section: Provided further,
21
That the Secretary may not transfer any funds until 30
22
days after the proposed transfer has been reported to the
23
Committees on Appropriations of the House of Represent-
24
atives and the Senate, unless a response from the Commit-
25
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•HR 9495 RH
tees is received sooner: Provided further, That any funds
1
transferred pursuant to this section shall retain the same
2
period of availability as when originally appropriated: Pro-
3
vided further, That the transfer authority provided under
4
this section is in addition to any other transfer authority
5
contained elsewhere in this Act: Provided further, That the
6
transfer authority provided by this section expires on Sep-
7
tember 30, 2031.
8
SEC. 8074. None of the funds appropriated or made
9
available in this Act shall be used to reduce or disestablish
10
the operation of the 53rd Weather Reconnaissance Squad-
11
ron of the Air Force Reserve, if such action would reduce
12
the WC–130 Weather Reconnaissance mission below the
13
levels funded in this Act: Provided, That the Air Force
14
shall allow the 53rd Weather Reconnaissance Squadron to
15
perform other missions in support of national defense re-
16
quirements during the non-hurricane season.
17
SEC. 8075. None of the funds provided in this Act
18
shall be available for integration of foreign intelligence in-
19
formation unless the information has been lawfully col-
20
lected and processed during the conduct of authorized for-
21
eign intelligence activities: Provided, That information
22
pertaining to United States persons shall only be handled
23
in accordance with protections provided in the Fourth
24
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Amendment of the United States Constitution as imple-
1
mented through Executive Order No. 12333.
2
SEC. 8076. None of the funds appropriated by this
3
Act for programs of the Office of the Director of National
4
Intelligence shall remain available for obligation beyond
5
the current fiscal year, except for funds appropriated for
6
research and technology, which shall remain available until
7
September 30, 2028.
8
SEC. 8077. For purposes of section 1553(b) of title
9
31, United States Code, any subdivision of appropriations
10
made in this Act under the heading ‘‘Shipbuilding and
11
Conversion, Navy’’ shall be considered to be for the same
12
purpose as any subdivision under the heading ‘‘Ship-
13
building and Conversion, Navy’’ appropriations in any
14
prior fiscal year, and the 1 percent limitation shall apply
15
to the total amount of the appropriation.
16
SEC. 8078. (a) Not later than 60 days after the date
17
of enactment of this Act, the Director of National Intel-
18
ligence shall submit a report to the congressional intel-
19
ligence committees to establish the baseline for application
20
of reprogramming and transfer authorities for fiscal year
21
2027: Provided, That the report shall include—
22
(1) a table for each appropriation with a sepa-
23
rate column to display the President’s budget re-
24
quest, adjustments made by Congress, adjustments
25
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due to enacted rescissions, if appropriate, and the
1
fiscal year enacted level;
2
(2) a delineation in the table for each appro-
3
priation by Expenditure Center and project; and
4
(3) an identification of items of special congres-
5
sional interest.
6
(b) None of the funds provided for the National Intel-
7
ligence Program in this Act shall be available for re-
8
programming or transfer until the report identified in sub-
9
section (a) is submitted to the congressional intelligence
10
committees, unless the Director of National Intelligence
11
certifies in writing to the congressional intelligence com-
12
mittees that such reprogramming or transfer is necessary
13
as an emergency requirement.
14
SEC. 8079. (a) None of the funds provided for the
15
National Intelligence Program in this or any prior appro-
16
priations Act shall be available for obligation or expendi-
17
ture through a reprogramming or transfer of funds in ac-
18
cordance with section 102A(d) of the National Security
19
Act of 1947 (50 U.S.C. 3024(d)) that—
20
(1) creates a new start effort;
21
(2) terminates a program with appropriated
22
funding of $10,000,000 or more;
23
(3) transfers funding into or out of the Na-
24
tional Intelligence Program; or
25
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(4) transfers funding between appropriations,
1
unless the congressional intelligence committees are
2
notified 30 days in advance of such reprogramming
3
of funds; this notification period may be reduced for
4
urgent national security requirements.
5
(b) None of the funds provided for the National Intel-
6
ligence Program in this or any prior appropriations Act
7
shall be available for obligation or expenditure through a
8
reprogramming or transfer of funds in accordance with
9
section 102A(d) of the National Security Act of 1947 (50
10
U.S.C. 3024(d)) that results in a cumulative increase or
11
decrease of the levels specified in the classified annex ac-
12
companying the Act unless the congressional intelligence
13
committees are notified 30 days in advance of such re-
14
programming of funds; this notification period may be re-
15
duced for urgent national security requirements.
16
SEC. 8080. (a) Any agency receiving funds made
17
available in this Act, shall, subject to subsections (b) and
18
(c), post on the public website of that agency any report
19
required to be submitted by the Congress in this or any
20
other Act, upon the determination by the head of the agen-
21
cy that it shall serve the national interest.
22
(b) Subsection (a) shall not apply to a report if—
23
(1) the public posting of the report com-
24
promises national security; or
25
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(2) the report contains proprietary information.
1
(c) The head of the agency posting such report shall
2
do so only after such report has been made available to
3
the requesting Committee or Committees of Congress for
4
no less than 45 days.
5
SEC. 8081. (a) None of the funds appropriated or
6
otherwise made available by this Act may be expended for
7
any Federal contract for an amount in excess of
8
$1,000,000, unless the contractor agrees not to—
9
(1) enter into any agreement with any of its
10
employees or independent contractors that requires,
11
as a condition of employment, that the employee or
12
independent contractor agree to resolve through ar-
13
bitration any claim under title VII of the Civil
14
Rights Act of 1964 or any tort related to or arising
15
out of sexual assault or harassment, including as-
16
sault and battery, intentional infliction of emotional
17
distress, false imprisonment, or negligent hiring, su-
18
pervision, or retention; or
19
(2) take any action to enforce any provision of
20
an existing agreement with an employee or inde-
21
pendent contractor that mandates that the employee
22
or independent contractor resolve through arbitra-
23
tion any claim under title VII of the Civil Rights Act
24
of 1964 or any tort related to or arising out of sex-
25
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•HR 9495 RH
ual assault or harassment, including assault and
1
battery, intentional infliction of emotional distress,
2
false imprisonment, or negligent hiring, supervision,
3
or retention.
4
(b) None of the funds appropriated or otherwise
5
made available by this Act may be expended for any Fed-
6
eral contract unless the contractor certifies that it requires
7
each covered subcontractor to agree not to enter into, and
8
not to take any action to enforce any provision of, any
9
agreement as described in paragraphs (1) and (2) of sub-
10
section (a), with respect to any employee or independent
11
contractor performing work related to such subcontract.
12
For purposes of this subsection, a ‘‘covered subcon-
13
tractor’’ is an entity that has a subcontract in excess of
14
$1,000,000 on a contract subject to subsection (a).
15
(c) The prohibitions in this section do not apply with
16
respect to a contractor’s or subcontractor’s agreements
17
with employees or independent contractors that may not
18
be enforced in a court of the United States.
19
(d) The Secretary of Defense may waive the applica-
20
tion of subsection (a) or (b) to a particular contractor or
21
subcontractor for the purposes of a particular contract or
22
subcontract if the Secretary or the Deputy Secretary per-
23
sonally determines that the waiver is necessary to avoid
24
harm to national security interests of the United States,
25
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•HR 9495 RH
and that the term of the contract or subcontract is not
1
longer than necessary to avoid such harm. The determina-
2
tion shall set forth with specificity the grounds for the
3
waiver and for the contract or subcontract term selected,
4
and shall state any alternatives considered in lieu of a
5
waiver and the reasons each such alternative would not
6
avoid harm to national security interests of the United
7
States. The Secretary of Defense shall transmit to Con-
8
gress, and simultaneously make public, any determination
9
under this subsection not less than 15 business days be-
10
fore the contract or subcontract addressed in the deter-
11
mination may be awarded.
12
(INCLUDING TRANSFER OF FUNDS)
13
SEC. 8082. From within the funds appropriated for
14
operation and maintenance for the Combat and Oper-
15
ational
Medicine
Program
in
this
Act,
up
to
16
$174,000,000, shall be available for transfer to the Joint
17
Department of Defense—Department of Veterans Affairs
18
Medical Facility Demonstration Fund in accordance with
19
the provisions of section 1704 of the National Defense Au-
20
thorization Act for Fiscal Year 2010, Public Law 111–
21
84: Provided, That for purposes of section 1704(b), the
22
facility operations funded are operations of the integrated
23
Captain James A. Lovell Federal Health Care Center,
24
consisting of the North Chicago Veterans Affairs Medical
25
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•HR 9495 RH
Center, the Navy Ambulatory Care Center, and supporting
1
facilities designated as a combined Federal medical facility
2
as described by section 706 of Public Law 110–417: Pro-
3
vided further, That additional funds may be transferred
4
from funds appropriated for operation and maintenance
5
for the Combat and Operational Medicine Program to the
6
Joint Department of Defense—Department of Veterans
7
Affairs Medical Facility Demonstration Fund upon writ-
8
ten notification by the Secretary of Defense to the Com-
9
mittees on Appropriations of the House of Representatives
10
and the Senate.
11
SEC. 8083. Notwithstanding price or other limita-
12
tions applicable to the purchase of passenger carrying ve-
13
hicles, appropriations available to the Department of De-
14
fense may be used for the purchase of: (1) heavy and light
15
armored vehicles for the physical security of personnel or
16
for force protection purposes up to a limit of $700,000
17
per vehicle; and (2) passenger motor vehicles up to a limit
18
of $75,000 per vehicle for use by military and civilian em-
19
ployees of the Department of Defense in the United States
20
Central Command area of responsibility: Provided, That
21
such funds may not be used for such purchases if such
22
vehicles are not produced in the United States, unless the
23
President determines that a waiver of this purchase re-
24
quirement is necessary.
25
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•HR 9495 RH
(INCLUDING TRANSFER OF FUNDS)
1
SEC. 8084. Upon a determination by the Director of
2
National Intelligence that such action is necessary and in
3
the national interest, the Director may, with the approval
4
of the Director of the Office of Management and Budget,
5
transfer not to exceed $1,500,000,000 of the funds made
6
available in this Act for the National Intelligence Pro-
7
gram: Provided, That such authority to transfer may not
8
be used unless for higher priority items, based on unfore-
9
seen intelligence requirements, than those for which origi-
10
nally appropriated and in no case where the item for which
11
funds are requested has been denied by the Congress: Pro-
12
vided further, That a request for multiple reprogrammings
13
of funds using authority provided in this section shall be
14
made prior to June 30, 2027.
15
SEC. 8085. Of the amounts appropriated in this Act
16
for ‘‘Shipbuilding and Conversion, Navy’’, $350,000,000,
17
to remain available for obligation until September 30,
18
2031, may be used for the purchase of strategic sealift
19
vessels for the National Defense Reserve Fleet, established
20
under section 11 of the Merchant Ship Sales Act of 1946
21
(46 U.S.C. 57100): Provided, That such amounts are
22
available for reimbursements to the Ready Reserve Force,
23
Maritime Administration account of the United States De-
24
partment of Transportation for programs, projects, activi-
25
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•HR 9495 RH
ties, and expenses related to the National Defense Reserve
1
Fleet: Provided further, That notwithstanding section
2
2218 of title 10, United States Code, none of these funds
3
shall be transferred to the National Defense Sealift Fund
4
for execution.
5
SEC. 8086. The Secretary of Defense shall post grant
6
awards on a public website in a searchable format.
7
SEC. 8087. None of the funds made available by this
8
Act may be used by the National Security Agency to—
9
(1) conduct an acquisition pursuant to section
10
702 of the Foreign Intelligence Surveillance Act of
11
1978 for the purpose of targeting a United States
12
person; or
13
(2) acquire, monitor, or store the contents (as
14
such term is defined in section 2510(8) of title 18,
15
United States Code) of any electronic communica-
16
tion of a United States person from a provider of
17
electronic communication services to the public pur-
18
suant to section 501 of the Foreign Intelligence Sur-
19
veillance Act of 1978.
20
SEC. 8088. None of the funds made available in this
21
or any other Act may be used to pay the salary of any
22
officer or employee of any agency funded by this Act who
23
approves or implements the transfer of administrative re-
24
sponsibilities or budgetary resources of any program,
25
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•HR 9495 RH
project, or activity financed by this Act to the jurisdiction
1
of another Federal agency not financed by this Act with-
2
out the express authorization of Congress: Provided, That
3
this limitation shall not apply to transfers of funds ex-
4
pressly provided for in Department of Defense Appropria-
5
tions Acts, or provisions of Acts providing supplemental
6
appropriations for the Department of Defense.
7
SEC. 8089. Of the amounts appropriated in this Act
8
for ‘‘Operation and Maintenance, Navy’’, $881,029,000,
9
to remain available until expended, may be used for any
10
purposes related to the National Defense Reserve Fleet
11
established under section 11 of the Merchant Ship Sales
12
Act of 1946 (46 U.S.C. 57100): Provided, That such
13
amounts are available for reimbursements to the Ready
14
Reserve Force, Maritime Administration account of the
15
United States Department of Transportation for pro-
16
grams, projects, activities, and expenses related to the Na-
17
tional Defense Reserve Fleet.
18
SEC. 8090. (a) None of the funds provided in this
19
Act for the TAO Fleet Oiler program shall be used to
20
award a new contract that provides for the acquisition of
21
the following components unless those components are
22
manufactured in the United States: Auxiliary equipment
23
(including pumps) for shipboard services; propulsion
24
equipment (including engines, reduction gears, and propel-
25
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•HR 9495 RH
lers); shipboard cranes; spreaders for shipboard cranes;
1
and anchor chains, specifically for the seventh and subse-
2
quent ships of the fleet.
3
(b) None of the funds provided in this Act for any
4
Frigate program shall be used to award a new contract
5
that provides for the acquisition of the following compo-
6
nents unless those components are manufactured in the
7
United States: Air circuit breakers; gyrocompasses; elec-
8
tronic navigation chart systems; steering controls; pumps;
9
propulsion and machinery control systems; totally enclosed
10
lifeboats; auxiliary equipment pumps; shipboard cranes;
11
auxiliary chill water systems; and propulsion propellers:
12
Provided, That the Secretary of the Navy shall incorporate
13
United States manufactured propulsion engines and pro-
14
pulsion reduction gears into any Frigate program begin-
15
ning not later than with the eleventh ship of the program.
16
SEC. 8091. None of the funds provided in this Act
17
for requirements development, performance specification
18
development, concept design and development, ship con-
19
figuration development, systems engineering, naval archi-
20
tecture, marine engineering, operations research analysis,
21
industry studies, preliminary design, development of the
22
Detailed Design and Construction Request for Proposals
23
solicitation package, or related activities for the T–
24
ARC(X) Cable Laying and Repair Ship or the T–
25
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•HR 9495 RH
AGOS(X) Oceanographic Surveillance Ship may be used
1
to award a new contract for such activities unless these
2
contracts include specifications that all auxiliary equip-
3
ment, including pumps and propulsion shafts, are manu-
4
factured in the United States.
5
SEC. 8092. No amounts credited or otherwise made
6
available in this or any other Act to the Department of
7
Defense Acquisition Workforce Development Account may
8
be transferred to:
9
(1) the Rapid Prototyping Fund established
10
under section 804(d) of the National Defense Au-
11
thorization Act for Fiscal Year 2016 (10 U.S.C.
12
2302 note); or
13
(2) credited to a military-department specific
14
fund established under section 804(d)(2) of the Na-
15
tional Defense Authorization Act for Fiscal Year
16
2016.
17
SEC. 8093. None of the funds made available by this
18
Act may be used for Government Travel Charge Card ex-
19
penses by military or civilian personnel of the Department
20
of Defense for gaming, or for entertainment that includes
21
topless or nude entertainers or participants, as prohibited
22
by Department of Defense FMR, Volume 9, Chapter 3
23
and Department of Defense Instruction 1015.10 (enclo-
24
sure 3, 14a and 14b).
25
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SEC. 8094. (a) None of the funds made available in
1
this Act may be used to maintain or establish a computer
2
network unless such network is designed to block access
3
to pornography websites.
4
(b) Nothing in subsection (a) shall limit the use of
5
funds necessary for any Federal, State, tribal, or local law
6
enforcement agency or any other entity carrying out crimi-
7
nal investigations, prosecution, or adjudication activities,
8
or for any activity necessary for the national defense, in-
9
cluding intelligence activities.
10
SEC. 8095. None of the funds provided for, or other-
11
wise made available, in this or any other Act, may be obli-
12
gated or expended by the Secretary of Defense to provide
13
motorized vehicles, aviation platforms, munitions other
14
than small arms and munitions appropriate for customary
15
ceremonial honors, operational military units, or oper-
16
ational military platforms if the Secretary determines that
17
providing such units, platforms, or equipment would un-
18
dermine the readiness of such units, platforms, or equip-
19
ment.
20
SEC. 8096. (a) None of the funds made available by
21
this or any other Act may be used to enter into a contract,
22
memorandum of understanding, or cooperative agreement
23
with, make a grant to, or provide a loan or loan guarantee
24
to any corporation that has any unpaid Federal tax liabil-
25
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•HR 9495 RH
ity that has been assessed, for which all judicial and ad-
1
ministrative remedies have been exhausted or have lapsed,
2
and that is not being paid in a timely manner pursuant
3
to an agreement with the authority responsible for col-
4
lecting such tax liability, provided that the applicable Fed-
5
eral agency is aware of the unpaid Federal tax liability.
6
(b) Subsection (a) shall not apply if the applicable
7
Federal agency has considered suspension or debarment
8
of the corporation described in such subsection and has
9
made a determination that such suspension or debarment
10
is not necessary to protect the interests of the Federal
11
Government.
12
SEC. 8097. (a) Any software developed, procured, or
13
operated using covered funds shall adhere to a modular
14
open systems approach as defined in section 4401 of title
15
10, United States Code, with a Government-owned inter-
16
face layer that is separate from vendor-specific application
17
logic.
18
(b) In this section, the term ‘‘covered funds’’ means
19
any Federal funds made available to the Department of
20
Defense for fiscal year 2027 or any prior fiscal year for
21
operation and maintenance, procurement, or research, de-
22
velopment, test and evaluation.
23
SEC. 8098. (a) Amounts appropriated under title IV
24
of this Act, as detailed in budget activity eight in the ta-
25
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•HR 9495 RH
bles titled Explanation of Project Level Adjustments in
1
the explanatory statement regarding this Act, may be used
2
for expenses for the agile research, development, test and
3
evaluation, procurement, production, modification, and op-
4
eration and maintenance, only for the following Software
5
and Digital Technology Pilot programs—
6
(1) Defensive CYBER—Software Prototype
7
Development (PE 0608041A);
8
(2)
Risk
Management
Information
(PE
9
0608013N);
10
(3) Maritime Tactical Command and Control
11
(PE 0608231N);
12
(4) Space Domain Awareness/Planning/Tasking
13
SW (PE 1208248SF);
14
(5) Global Command and Control System (PE
15
0303150K);
16
(6) Acquisition Visibility (PE 0608648D8Z);
17
(7) Enterprise Platforms and Capabilities—
18
Software Pilot Program (PE 0608140D8Z);
19
(8) Accelerate the Procurement and Fielding of
20
Innovative
Technologies
(APFIT)
(PE
21
0608775D8Z); and
22
(9) Weaponeering Code Sustainment (PE
23
0608500D8Z).
24
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(b) None of the funds appropriated by this or prior
1
Department of Defense Appropriations Acts may be obli-
2
gated or expended to initiate additional Software and Dig-
3
ital Technology Pilot Programs in fiscal year 2027.
4
SEC. 8099. None of the funds appropriated or other-
5
wise made available by this Act may be used to transfer
6
the National Reconnaissance Office to the Space Force:
7
Provided, That nothing in this Act shall be construed to
8
limit or prohibit cooperation, collaboration, and coordina-
9
tion between the National Reconnaissance Office and the
10
Space Force or any other elements of the Department of
11
Defense.
12
SEC. 8100. None of the funds made available in this
13
Act may be used in contravention of the following laws
14
enacted or regulations promulgated to implement the
15
United Nations Convention Against Torture and Other
16
Cruel, Inhuman or Degrading Treatment or Punishment
17
(done at New York on December 10, 1984):
18
(1) Section 2340A of title 18, United States
19
Code.
20
(2) Section 2242 of the Foreign Affairs Reform
21
and Restructuring Act of 1998 (division G of Public
22
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231
23
note) and regulations prescribed thereto, including
24
regulations under part 208 of title 8, Code of Fed-
25
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eral Regulations, and part 95 of title 22, Code of
1
Federal Regulations.
2
(3) Sections 1002 and 1003 of the Department
3
of Defense, Emergency Supplemental Appropriations
4
to Address Hurricanes in the Gulf of Mexico, and
5
Pandemic Influenza Act, 2006 (Public Law 109–
6
148).
7
SEC. 8101. None of the funds made available by this
8
Act may be used to provide arms, training, or other assist-
9
ance to the Azov Battalion.
10
SEC. 8102. The Secretary of Defense may, in this
11
fiscal year and each fiscal year thereafter, accept and re-
12
tain contributions, including money, personal property,
13
and services, from foreign governments and other entities,
14
to carry out assistance authorized by section 1250 of the
15
National Defense Authorization Act for Fiscal Year 2016
16
(Public Law 114–92): Provided, That such contributions
17
received shall be available to the Secretary of Defense,
18
with the concurrence of the Secretary of State, to provide
19
assistance authorized by such section, for replacement of
20
any weapons or articles provided to entities described in
21
subparagraphs (A) and (B) of subsection (a)(1) of such
22
section from the inventory of the United States, and to
23
recover or dispose of equipment previously provided to
24
such entities: Provided further, That the Secretary of De-
25
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fense shall consult with the congressional defense commit-
1
tees in advance of the provision of support provided to
2
forces or groups described in subparagraph (B) of such
3
subsection: Provided further, That the Secretary of De-
4
fense shall notify the congressional defense committees in
5
writing upon the receipt and upon the obligation of any
6
contribution, delineating the sources and amounts of the
7
funds received and the specific use of such contributions:
8
Provided further, That any notification of obligation of
9
funds received in this section shall specify an estimated
10
timeline for the delivery of defense articles and defense
11
services provided and shall identify if any equipment pro-
12
vided requires enhanced end-use monitoring: Provided fur-
13
ther, That contributions of money for the purposes pro-
14
vided herein from any foreign government or other entity
15
may be credited to the Operation and Maintenance, De-
16
fense-Wide account, to remain available for the following
17
two fiscal years, and used for such purposes: Provided fur-
18
ther, That the Secretary of Defense shall provide quarterly
19
reports to the congressional defense committees on the use
20
and status of funds received pursuant to this section.
21
SEC. 8103. During the current fiscal year, the De-
22
partment of Defense is authorized to incur obligations of
23
not to exceed $350,000,000 for purposes specified in sec-
24
tion 2350j(c) of title 10, United States Code, in anticipa-
25
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•HR 9495 RH
tion of receipt of contributions, only from the Government
1
of Kuwait, under that section: Provided, That, such con-
2
tributions shall, upon receipt, be credited to the appropria-
3
tions or fund which incurred such obligations.
4
SEC. 8104. Of the amounts appropriated in this Act
5
under the heading ‘‘Operation and Maintenance, Defense-
6
Wide’’, for the Defense Security Cooperation Agency,
7
$1,448,173,000, to remain available until September 30,
8
2028, shall be available for International Security Co-
9
operation Programs and other programs to provide sup-
10
port and assistance to foreign security forces or other
11
groups or individuals to conduct, support or facilitate
12
counterterrorism, crisis response, or building partner ca-
13
pacity programs: Provided, That the Secretary of Defense
14
shall, not less than 15 days prior to obligating funds made
15
available in this section, notify the congressional defense
16
committees in writing of the details of any planned obliga-
17
tion: Provided further, That the Secretary of Defense shall
18
provide quarterly reports to the Committees on Appropria-
19
tions of the House of Representatives and the Senate on
20
the use and status of funds made available in this section.
21
SEC. 8105. Of the amounts appropriated in this Act
22
under the heading ‘‘Operation and Maintenance, Defense-
23
Wide’’, for the Defense Security Cooperation Agency,
24
$271,336,000, to remain available until September 30,
25
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2028, shall be available for support authorized by sub-
1
paragraphs (A) through (E) and (G) through (I) of section
2
1226(a)(1) of the National Defense Authorization Act for
3
Fiscal Year 2016 (22 U.S.C. 2151 note), of which not less
4
than $150,000,000 shall be for Jordan: Provided, That
5
the Secretary of Defense shall, not less than 15 days prior
6
to obligating funds made available under this section, no-
7
tify the congressional defense committees in writing of the
8
details of any planned obligation and the nature of the
9
expenses incurred: Provided further, That the Secretary of
10
Defense shall provide quarterly reports to the Committees
11
on Appropriations of the House of Representatives and the
12
Senate on the use and status of funds made available in
13
this section.
14
SEC. 8106. None of the funds made available by this
15
Act may be used in contravention of the War Powers Res-
16
olution (50 U.S.C. 1541 et seq.).
17
SEC. 8107. None of the funds made available by this
18
Act for excess defense articles, assistance under section
19
333 of title 10, United States Code, or peacekeeping oper-
20
ations for the countries designated annually to be in viola-
21
tion of the standards of the Child Soldiers Prevention Act
22
of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may
23
be used to support any military training or operation that
24
includes child soldiers, as defined by the Child Soldiers
25
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Prevention Act of 2008, unless such assistance is other-
1
wise permitted under section 404 of the Child Soldiers
2
Prevention Act of 2008.
3
SEC. 8108. None of the funds made available by this
4
Act may be made available for any member of the Taliban.
5
SEC. 8109. Notwithstanding any other provision of
6
law, any transfer of funds, appropriated or otherwise made
7
available by this Act, for support to friendly foreign coun-
8
tries in connection with the conduct of operations in which
9
the United States is not participating, pursuant to section
10
331(d) of title 10, United States Code, shall be made in
11
accordance with section 8005 of this Act.
12
SEC. 8110. (a) None of the funds appropriated or
13
otherwise made available by this or any other Act may
14
be used by the Secretary of Defense, or any other official
15
or officer of the Department of Defense, to enter into a
16
contract, memorandum of understanding, or cooperative
17
agreement with, or make a grant to, or provide a loan
18
or loan guarantee to Rosoboronexport or any subsidiary
19
of Rosoboronexport.
20
(b) The Secretary of Defense may waive the limita-
21
tion in subsection (a) if the Secretary, in consultation with
22
the Secretary of State and the Director of National Intel-
23
ligence, determines that it is in the vital national security
24
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•HR 9495 RH
interest of the United States to do so, and certifies in writ-
1
ing to the congressional defense committees that—
2
(1) Rosoboronexport has ceased the transfer of
3
lethal military equipment to, and the maintenance of
4
existing lethal military equipment for, the Govern-
5
ment of the Syrian Arab Republic;
6
(2) the armed forces of the Russian Federation
7
have withdrawn from Ukraine; and
8
(3) agents of the Russian Federation have
9
ceased taking active measures to destabilize the con-
10
trol of the Government of Ukraine over eastern
11
Ukraine.
12
(c) The Inspector General of the Department of De-
13
fense shall conduct a review of any action involving
14
Rosoboronexport with respect to a waiver issued by the
15
Secretary of Defense pursuant to subsection (b), and not
16
later than 90 days after the date on which such a waiver
17
is issued by the Secretary of Defense, the Inspector Gen-
18
eral shall submit to the congressional defense committees
19
a report containing the results of the review conducted
20
with respect to such waiver.
21
SEC. 8111. The Secretary of Defense shall notify the
22
congressional defense committees in writing not more than
23
30 days after the receipt of any contribution of funds re-
24
ceived from the government of a foreign country for any
25
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•HR 9495 RH
purpose relating to the stationing or operations of the
1
United States Armed Forces: Provided, That such notifi-
2
cation shall include the amount of the contribution; the
3
purpose for which such contribution was made; and the
4
authority under which such contribution was accepted by
5
the Secretary of Defense: Provided further, That not fewer
6
than 15 days prior to obligating such funds, the Secretary
7
of Defense shall submit to the congressional defense com-
8
mittees in writing a notification of the planned use of such
9
contributions, including whether such contributions would
10
support existing or new stationing or operations of the
11
United States Armed Forces.
12
SEC. 8112. (a) The Chairman of the Joint Chiefs,
13
in coordination with the Secretaries of the military depart-
14
ments and the Chiefs of the Armed Forces, shall submit
15
to the congressional defense committees, not later than 30
16
days after the last day of each quarter of the fiscal year,
17
a report on the use of operation and maintenance funds
18
for activities or exercises in excess of $5,000,000 that have
19
been designated by the Secretary of Defense as unplanned
20
activities for fiscal year 2027.
21
(b) Each report required by subsection (a) shall also
22
include—
23
(1) the title, date, and location, of each activity
24
and exercise covered by the report;
25
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•HR 9495 RH
(2) an identification of the military department
1
and units that participated in each such activity or
2
exercise (including an estimate of the number of
3
participants);
4
(3) the total cost of the activity or exercise, by
5
budget line item (with a breakdown by cost element
6
such as transportation); and
7
(4) a short explanation of the objective of the
8
activity or exercise.
9
(c) The report required by subsection (a) shall be
10
submitted in unclassified form, but may include a classi-
11
fied annex.
12
SEC. 8113. (a) Within 45 days of enactment of this
13
Act, the Secretary of Defense shall allocate amounts made
14
available from the Creating Helpful Incentives to Produce
15
Semiconductors (CHIPS) for America Defense Fund for
16
fiscal year 2027 pursuant to the transfer authority in sec-
17
tion 102(b)(1) of the CHIPS Act of 2022 (division A of
18
Public Law 117–167), to the account specified, in the
19
amounts specified, and for the projects and activities spec-
20
ified, in the table titled ‘‘Department of Defense Alloca-
21
tion of Funds: CHIPS and Science Act Fiscal Year 2027’’
22
in the report accompanying this Act.
23
(b) Neither the President nor his designee may allo-
24
cate any amounts that are made available for any fiscal
25
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•HR 9495 RH
year under section 102(b)(2) of the CHIPS Act of 2022
1
if there is in effect an Act making or continuing appro-
2
priations for part of a fiscal year for the Department of
3
Defense: Provided, That in any fiscal year, the matter pre-
4
ceding this proviso shall not apply to the allocation, appor-
5
tionment, or allotment of amounts for continuing adminis-
6
tration of programs allocated using funds transferred from
7
the CHIPS for America Defense Fund, which may be allo-
8
cated pursuant to the transfer authority in section
9
102(b)(1) of the CHIPS Act of 2022 only in amounts that
10
are no more than the allocation for such purposes in sub-
11
section (a) of this section.
12
(c) The Secretary of Defense may reallocate funds
13
allocated by subsection (a) of this section, subject to the
14
terms and conditions contained in the provisos in section
15
8005 of this Act: Provided, That amounts may be reallo-
16
cated pursuant to this subsection only for those require-
17
ments necessary to carry out section 9903(b) of the Wil-
18
liam M. (Mac) Thornberry National Defense Authoriza-
19
tion Act for Fiscal Year 2021 (Public Law 116–283).
20
(d) The Department of Defense shall provide the
21
Committees on Appropriations of the House of Represent-
22
atives and Senate quarterly reports on the status of bal-
23
ances of projects and activities funded by the CHIPS for
24
America Defense Fund for amounts allocated pursuant to
25
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•HR 9495 RH
subsection (a) of this section, including all uncommitted,
1
committed, and unobligated funds.
2
SEC. 8114. Not later than 15 days after the date on
3
which any foreign base that involves the stationing or op-
4
erations of the United States Armed Forces, including a
5
temporary base, permanent base, or base owned and oper-
6
ated by a foreign country, is opened or closed, the Sec-
7
retary of Defense shall notify the congressional defense
8
committees in writing of the opening or closing of such
9
base: Provided, That such notification shall also include
10
information on any personnel changes, costs, and savings
11
associated with the opening or closing of such base.
12
SEC. 8115. None of the funds appropriated or other-
13
wise made available by this or any other Act shall be obli-
14
gated or expended by the United States Government for
15
any of the following purposes:
16
(1) To establish any military installation or
17
base for the purpose of providing for the permanent
18
stationing of United States Armed Forces in Iraq.
19
(2) To exercise United States control over any
20
oil resource of Iraq or Syria.
21
SEC. 8116. Up to $500,000,000 of the funds appro-
22
priated by this Act under the heading ‘‘Operation and
23
Maintenance, Defense-Wide’’ for the Defense Security Co-
24
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•HR 9495 RH
operation Agency may be used to support the armed forces
1
of Jordan.
2
SEC. 8117. In carrying out the program described in
3
the memorandum on the subject of ‘‘Policy for Assisted
4
Reproductive Services for the Benefit of Seriously or Se-
5
verely Ill/Injured (Category II or III) Active Duty Service
6
Members’’ issued by the Assistant Secretary of Defense
7
for Health Affairs on April 3, 2012, and the guidance
8
issued to implement such memorandum, the Secretary of
9
Defense shall apply such policy and guidance, except
10
that—
11
(1) the limitation on periods regarding embryo
12
cryopreservation and storage set forth in part III(G)
13
and in part IV(H) of such memorandum shall not
14
apply; and
15
(2) the term ‘‘assisted reproductive technology’’
16
shall include embryo cryopreservation and storage
17
without
limitation
on
the
duration
of
such
18
cryopreservation and storage.
19
SEC. 8118. The Secretary of Defense may obligate
20
funds made available by this Act for procurement or for
21
research, development, test and evaluation for the F–35
22
Joint Strike Fighter to modify up to nine F–35 aircraft,
23
including up to three F–35 aircraft of each variant, for
24
any test configuration: Provided, That the Secretary of
25
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Defense shall, with the concurrence of the Secretary of
1
the Air Force and the Secretary of the Navy, notify the
2
congressional defense committees not fewer than 30 days
3
prior to obligating funds under this section: Provided fur-
4
ther, That any transfer of funds pursuant to the authority
5
provided in this section shall be made in accordance with
6
section 8005 of this Act.
7
SEC. 8119. None of the funds appropriated or other-
8
wise made available by this or any other Act may be obli-
9
gated to integrate an alternative engine on any F–35 air-
10
craft.
11
SEC. 8120. The Secretary of Defense may use up to
12
$650,000,000 of the amounts appropriated or otherwise
13
made available in this Act to the Department of Defense
14
for the rapid acquisition and deployment of supplies and
15
associated support services pursuant to section 3601 of
16
title 10, United States Code, but only for the purposes
17
specified in clauses (i), (ii), (iii), and (iv) of subsection
18
(c)(3)(B) of such section and subject to the applicable lim-
19
its specified in clauses (i), (ii), and (iii) of such subsection
20
and, in the case of clause (iv) of such subsection, subject
21
to a limit of $50,000,000, or for the purposes specified
22
in section 229 of the National Defense Authorization Act
23
for Fiscal Year 2024 (Public Law 118–31) and subject
24
to a limit of $100,000,000: Provided, That the Secretary
25
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•HR 9495 RH
of Defense shall notify the congressional defense commit-
1
tees promptly of all uses of this authority.
2
SEC. 8121. Notwithstanding section 8054 of this Act,
3
amounts appropriated under the heading ‘‘Research, De-
4
velopment, Test and Evaluation, Defense-Wide’’ of this
5
Act, as detailed in budget activity eight in the tables titled
6
Explanation of Project Level Adjustments in the explana-
7
tory statement accompanying this Act for ‘‘Defense Inno-
8
vation Unit (DIU) Fielding’’ line 316, may be used for
9
expenses for agile research, development, test and evalua-
10
tion, procurement, production, modification, and operation
11
and maintenance requirements, including the initial acqui-
12
sition of end-items for operational use: Provided, That
13
none of these funds may be obligated or expended until
14
15 days after the Secretary of Defense provides the con-
15
gressional defense committees a detailed execution plan
16
for such funds.
17
SEC. 8122. None of the funds made available by this
18
Act may be used to support any activity conducted by,
19
or associated with, the Wuhan Institute of Virology.
20
SEC. 8123. None of the funds made available by this
21
Act may be used to fund any work to be performed by
22
EcoHealth Alliance, Inc. in China on research supported
23
by the government of China unless the Secretary of De-
24
fense determines that a waiver to such prohibition is in
25
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•HR 9495 RH
the national security interests of the United States and,
1
not later than 14 days after granting such a waiver, sub-
2
mits to the congressional defense committees a detailed
3
justification for the waiver, including—
4
(1) an identification of the Department of De-
5
fense entity obligating or expending the funds;
6
(2) an identification of the amount of such
7
funds;
8
(3) an identification of the intended purpose of
9
such funds;
10
(4) an identification of the recipient or prospec-
11
tive recipient of such funds (including any third-
12
party entity recipient, as applicable);
13
(5) an explanation for how the waiver is in the
14
national security interests of the United States; and
15
(6) any other information the Secretary deter-
16
mines appropriate.
17
SEC. 8124. None of the funds appropriated or other-
18
wise made available in this or any other Act may be used
19
to transfer, release, or assist in the transfer or release to
20
or within the United States, its territories, or possessions
21
Khalid Sheikh Mohammed or any other detainee who—
22
(1) is not a United States citizen or a member
23
of the Armed Forces of the United States; and
24
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•HR 9495 RH
(2) is or was held on or after June 24, 2009,
1
at United States Naval Station, Guantanamo Bay,
2
Cuba, by the Department of Defense.
3
SEC. 8125. None of the funds appropriated or other-
4
wise made available in this Act may be used to transfer
5
any individual detained at United States Naval Station
6
Guantanamo Bay, Cuba, to the custody or control of the
7
individual’s country of origin, any other foreign country,
8
or any other foreign entity except in accordance with sec-
9
tion 1034 of the National Defense Authorization Act for
10
Fiscal Year 2016 (Public Law 114–92) and section 1035
11
of the John S. McCain National Defense Authorization
12
Act for Fiscal Year 2019 (Public Law 115–232).
13
SEC. 8126. (a) None of the funds appropriated or
14
otherwise made available in this or any other Act may be
15
used to construct, acquire, or modify any facility in the
16
United States, its territories, or possessions to house any
17
individual described in subsection (c) for the purposes of
18
detention or imprisonment in the custody or under the ef-
19
fective control of the Department of Defense.
20
(b) The prohibition in subsection (a) shall not apply
21
to any modification of facilities at United States Naval
22
Station, Guantanamo Bay, Cuba.
23
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(c) An individual described in this subsection is any
1
individual who, as of June 24, 2009, is located at United
2
States Naval Station, Guantanamo Bay, Cuba, and who—
3
(1) is not a citizen of the United States or a
4
member of the Armed Forces of the United States;
5
and
6
(2) is—
7
(A) in the custody or under the effective
8
control of the Department of Defense; or
9
(B) otherwise under detention at United
10
States Naval Station, Guantanamo Bay, Cuba.
11
SEC. 8127. None of the funds made available by this
12
Act may be used to carry out the closure or realignment
13
of the United States Naval Station, Guantanamo Bay,
14
Cuba.
15
SEC. 8128. None of the funds appropriated or other-
16
wise made available by this Act may be used to divest or
17
prepare to divest more than two U–2 aircraft.
18
SEC. 8129. (a) Concurrent with the annual budget
19
submission of the President for fiscal year 2028, and each
20
fiscal year thereafter, pursuant to section 1105(a) of title
21
31, United States Code, the Secretary of Defense shall
22
submit to the Committees on Appropriations of the House
23
of Representatives and the Senate the following with re-
24
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spect to amounts made available by Public Law 119–21
1
until all such amounts have been expended:
2
(1) proposed allocations by account, by fiscal
3
year, and by program, project, or activity, with de-
4
tailed justifications;
5
(2) P–1 and R–1 budget justification docu-
6
ments, which shall identify the allocation of funds by
7
program, project, and activity; and
8
(3) budget justification documents, to be known
9
as M–1 and O–1, which shall identify the allocation
10
of funds by budget activity, activity group, and sub-
11
activity group.
12
(b) Subsequent to the submission required in sub-
13
section (a), the Secretary of Defense shall submit to the
14
Committees on Appropriations of the House of Represent-
15
atives and Senate quarterly reports on the status of bal-
16
ances of projects and activities funded using amounts de-
17
scribed in subsection (a), including all uncommitted, com-
18
mitted, and unobligated funds, until all such amounts have
19
been expended.
20
SEC. 8130. The Secretary of Defense shall obligate
21
funds made available by this or any other Act, including
22
prior year Acts, under the heading ‘‘Research, Develop-
23
ment, Test and Evaluation, Navy’’ for the Next Genera-
24
tion Fighter program for the purpose of executing the en-
25
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gineering and manufacturing development contract for the
1
Next Generation Fighter aircraft in a manner that
2
achieves accelerated Initial Operational Capability: Pro-
3
vided, That none of the funds made available to the De-
4
partment of Defense for this fiscal year or any prior fiscal
5
year may be used to pause, cancel, or terminate the Next
6
Generation Fighter program.
7
SEC. 8131. Of the funds provided under the heading
8
‘‘Operation and Maintenance, Navy’’, not less than
9
$125,000,000 shall be made available for the continuation
10
and expansion of the Platform (Offshore) Supply Vessel
11
Program established under section 8139 of the Depart-
12
ment of Defense Appropriations Act, 2026 (division A of
13
Public Law 119–75): Provided, That of this amount not
14
less than $45,000,000 shall be for the continuation of such
15
Program: Provided further, That such Program shall in-
16
clude vessel time charters for one year with no fewer than
17
four one-year options and no less than two vessel time
18
charters: Provided further, That $80,000,000 of the
19
amount provided shall be used to expand such Program
20
through contractual time charter agreements for addi-
21
tional offshore supply vessels but for no less than two ves-
22
sel time charters: Provided further, That such time char-
23
ters shall use existing United States-built offshore supply
24
vessels that are documented under the laws of the United
25
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States, owned by a citizen of the United States (as de-
1
scribed in section 50501 of title 46, United States Code),
2
configured for logistics support in the Indo-Pacific region
3
that can meet the regulatory and physical requirements
4
to transport nearly 500,000 gallons of various standard
5
fuels, and provide up to 10,000 square feet of combined
6
deck space for transport of military equipment and per-
7
sonnel for delivery in and out of shallow draft ports in
8
the Indo-Pacific region.
9
SEC. 8132. Funds made available for the UH–60
10
Blackhawk aircraft program under this or any other Act,
11
including prior year Acts, under the headings ‘‘Aircraft
12
Procurement, Army’’ and ‘‘Research, Development, Test
13
and Evaluation, Army’’ shall be obligated only for the pur-
14
poses for which such funds were appropriated and such
15
funds may not be reprogrammed or transferred for other
16
purposes: Provided, That none of the funds made available
17
to the Department of Defense for this fiscal year or any
18
prior fiscal year may be used to pause, cancel, or termi-
19
nate the UH–60 Blackhawk aircraft program or to pre-
20
pare to pause, cancel, or terminate such program.
21
SEC. 8133. Funds made available for the E–7
22
Wedgetail aircraft program under this or any other Act,
23
including prior year Acts, under the headings ‘‘Aircraft
24
Procurement, Air Force’’ and ‘‘Research, Development,
25
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Test and Evaluation, Air Force’’ shall be obligated only
1
for the purposes for which such funds were appropriated
2
and such funds may not be reprogrammed or transferred
3
for other purposes: Provided, That none of the funds made
4
available to the Department of Defense for this fiscal year
5
or any prior fiscal year may be used to pause, cancel, or
6
terminate the E–7 Wedgetail aircraft program or to pre-
7
pare to pause, cancel, or terminate such program.
8
SEC. 8134. Of the amounts appropriated in this Act
9
under the heading ‘‘Operation and Maintenance, Defense-
10
Wide’’, for the Defense Security Cooperation Agency,
11
$1,000,000,000, to remain available until September 30,
12
2028, shall be for the Taiwan Security Cooperation Initia-
13
tive: Provided, That such funds shall be available to the
14
Secretary of Defense, with the concurrence of the Sec-
15
retary of State, to provide assistance, including new pro-
16
curement of defense articles, services, and military edu-
17
cation and training to Taiwan: Provided further, That
18
equipment procured using funds made available in this
19
section, and not yet transferred to Taiwan, or returned
20
by Taiwan to the United States, may be treated as stocks
21
of the Department of Defense upon written notification
22
to the congressional defense committees: Provided further,
23
That the Secretary of Defense shall, not less than 15 days
24
prior to obligating funds made available in this section,
25
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notify the congressional defense committees in writing of
1
the details of any such obligation: Provided further, That
2
the Secretary of Defense shall provide quarterly reports
3
to the congressional defense committees on the use and
4
status of funds made available in this section.
5
SEC. 8135. Of the amounts appropriated or otherwise
6
made available by title II of this Act under the heading
7
‘‘Operation and Maintenance, Navy’’, the Secretary of De-
8
fense may reimburse the Federated States of Micronesia
9
in an amount not to exceed $140,000,000 for land acquisi-
10
tion costs for defense sites in Yap.
11
(INCLUDING TRANSFER OF FUNDS)
12
SEC. 8136. Of the amounts appropriated in this Act
13
under the heading ‘‘Operation and Maintenance, Defense-
14
Wide’’, $1,000,000,000, to remain available until Sep-
15
tember 30, 2028, may be used for replacement of defense
16
articles and for reimbursement of defense services pro-
17
vided to or identified for provision to Taiwan: Provided,
18
That such funds may be transferred to appropriations
19
made available under titles II, III, IV, and V of this Act
20
for replacement, through new procurement or repair of ex-
21
isting unserviceable equipment, of defense articles from
22
the stocks of the Department of Defense, and for reim-
23
bursement for defense services of the Department of De-
24
fense and military education and training, provided to the
25
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government of Taiwan or to foreign countries that have
1
provided support to Taiwan at the request of the United
2
States: Provided further, That funds transferred pursuant
3
to this section shall be merged with and available for the
4
same purposes and for the same time period as the appro-
5
priations to which the funds are transferred: Provided fur-
6
ther, That the Secretary of Defense shall notify the con-
7
gressional defense committees of the details of such trans-
8
fers not less than 15 days before any such transfer: Pro-
9
vided further, That upon a determination that all or part
10
of the funds transferred from this appropriation are not
11
necessary for the purposes provided herein, such amounts
12
may be transferred back and merged with this appropria-
13
tion: Provided further, That the transfer authority pro-
14
vided in this section is in addition to any other transfer
15
authority provided in this Act.
16
SEC. 8137. None of the funds made available to the
17
Department of Defense for this fiscal year or any prior
18
fiscal year may be used to pause, cancel, or terminate the
19
Next-Generation Overhead Persistent Infrared Geo-
20
synchronous Earth Orbit and the Next-Generation Over-
21
head Persistent Infrared Polar programs.
22
SEC. 8138. Any transactions or follow-on trans-
23
actions entered into pursuant to the authority in section
24
2808a of title 10, United States Code, to carry out repair
25
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and construction projects for facilities may only be carried
1
out if, without regard to section 2808a, such projects are
2
otherwise authorized by law and the use of military con-
3
struction, operation and maintenance, or research, devel-
4
opment, test and evaluation funds is otherwise authorized
5
for such projects: Provided, That none of the funds appro-
6
priated or otherwise made available by this or prior Acts,
7
by title I of division D of Public Law 119–37 or by any
8
prior Act making appropriations for Military Construc-
9
tion, Veterans Affairs, and Related Agencies, or by funds
10
made available to the Department of Defense in Public
11
Law 119–21 may be transferred pursuant to the authority
12
in section 2808a of title 10, United States Code.
13
SEC. 8139. None of the funds appropriated or other-
14
wise made available by this Act may be used to divest or
15
prepare to divest any F-15 aircraft unless the Secretary
16
of Defense certifies to the Committees on Appropriations
17
of the House of Representatives and the Senate that such
18
aircraft will be replaced in a manner that maintains the
19
current total aircraft assigned at a given unit and the
20
readiness of such unit.
21
SEC. 8140. None of the funds appropriated or other-
22
wise made available by this Act may be made available
23
to remove a Chinese military company from the list re-
24
quired by section 1260H of the National Defense Author-
25
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•HR 9495 RH
ization Act for Fiscal Year 2021 (Public Law 116–283),
1
except in accordance with subsection (b)(3) of such section
2
and 15 days following written notification to the congres-
3
sional defense committees.
4
SEC. 8141. Notwithstanding section 8054 of this Act,
5
amounts appropriated under the heading ‘‘Research, De-
6
velopment, Test and Evaluation, Defense-Wide’’ of this
7
Act, as detailed in the fourth and fifth budget activities
8
in the tables titled ‘‘Explanation of Project Level Adjust-
9
ments’’ in the explanatory statement regarding this Act
10
for the Defense Autonomous Warfare Group and the
11
Counter-Small Unmanned Aircraft Systems (JIATF 401),
12
may be used for expenses for agile research, development,
13
test and evaluation, procurement, production, modifica-
14
tion, and operation and maintenance requirements, includ-
15
ing the initial acquisition of end-items for operational use:
16
Provided, That none of these funds may be obligated or
17
expended until 15 days after the Secretary of Defense pro-
18
vides the congressional defense committees a detailed exe-
19
cution plan for such funds: Provided further, That such
20
funds may be transferred to appropriations made available
21
under titles II, III, and IV of this Act for program of
22
record requirements: Provided further, That funds trans-
23
ferred pursuant to this section shall be merged with and
24
available for the same purposes and for the same time pe-
25
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•HR 9495 RH
riod as the appropriations to which the funds are trans-
1
ferred: Provided further, That the Secretary of Defense
2
shall notify the congressional defense committees of the
3
details of such transfers not less than 15 days before any
4
such transfer: Provided further, That the transfer author-
5
ity provided in this section is in addition to any other
6
transfer authority provided in this Act.
7
SEC. 8142. Proceeds from the sale by the Secretary
8
of Defense of any equity security, equity warrant, or simi-
9
lar instrument shall be deposited in the general fund of
10
the Treasury.
11
SEC. 8143. Not later than 180 days after the date
12
of the enactment of this Act, and not less frequently than
13
once every 60 days thereafter, the Secretary of Defense
14
shall submit to the congressional defense committees a re-
15
port that includes—
16
(1) for each unclassified procurement account
17
of the Department of Defense, financial manage-
18
ment and contracting details set forth at the budget
19
sub-activity level; and
20
(2) for each unclassified research, development,
21
test and evaluation account of the Department, fi-
22
nancial management and contracting details set
23
forth at the project level.
24
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SEC. 8144. (a) The total amount appropriated or oth-
1
erwise made available by this Act is hereby reduced by
2
$1,000,000,000 to reflect savings resulting from business
3
process modernization and the deployment of artificial in-
4
telligence.
5
(b) The reduction under subsection (a) shall not
6
apply to any amounts appropriated or otherwise made
7
available by this Act for the salary or expenses of any offi-
8
cer or employee in the civil service (as defined in section
9
2101 of title 5, United States Code).
10
SEC. 8145. Beginning on the date that is 180 days
11
after the date of the enactment of this Act, none of the
12
funds appropriated by this Act or otherwise made avail-
13
able for the United States Northern Command may be
14
used to carry out any activity with respect to Mexico, ex-
15
cept for activities directly related to the planning and
16
operational requirements established under Executive
17
Order 14167 (90 Fed. Reg. 8613; relating to Clarifying
18
the Military’s Role in Protecting the Territorial Integrity
19
of the United States) or a successor directive: Provided,
20
That any such funds that are unobligated as of such date
21
and that were previously made available to the United
22
States Northern Command for activities with respect to
23
Mexico (other than the activities to which the exception
24
in the preceding provision of this section applies) shall in-
25
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stead be made available to the United States Southern
1
Command to carry out activities with respect to Mexico
2
in a manner consistent with applicable law and subject to
3
approval of a revised Unified Command Plan by the Presi-
4
dent: Provided further, That the preceding provisions of
5
this section shall not apply if the President determines
6
that reassignment of responsibility for Mexico from the
7
United States Northern Command to the United States
8
Southern Command is not necessary or appropriate and
9
the Secretary of Defense, not later than 30 days after such
10
determination is made, submits a report to the Commit-
11
tees on Appropriations of the House of Representatives
12
and the Senate detailing the rationale for keeping Mexico
13
in the area of responsibility of the United States Northern
14
Command, including operational, strategic, and diplomatic
15
considerations: Provided further, That nothing in this sec-
16
tion shall be construed to limit the President’s authority
17
as Commander in Chief to assign command responsibil-
18
ities or direct military operations.
19
SEC. 8146. None of the funds made available by this
20
Act may be made available for the United Nations Relief
21
and Works Agency.
22
SEC. 8147. None of the funds made available by this
23
Act may be used to enter into a contract or other agree-
24
ment that includes a scope of work for the construction
25
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of the lead ship of the Guided Missile Battleship program
1
until the date on which the Secretary of the Navy certifies
2
to the congressional defense committees that the weapon
3
systems planned for inclusion in such lead ship are at a
4
sufficiently mature technology readiness level.
5
(INCLUDING TRANSFER OF FUNDS)
6
SEC. 8148. In addition to amounts appropriated in
7
title II or otherwise made available elsewhere in this Act,
8
$2,950,000,000 is hereby appropriated to the Department
9
of Defense and made available for transfer to the oper-
10
ation and maintenance accounts of the Army, Navy, Ma-
11
rine Corps, Air Force, and Space Force (including Na-
12
tional Guard and Reserve) for purposes of improving mili-
13
tary readiness: Provided, That the transfer authority pro-
14
vided under this section is in addition to any other trans-
15
fer authority provided elsewhere in this Act: Provided fur-
16
ther, That none of the funds provided under this section
17
may be obligated or expended until 30 days after the Sec-
18
retary of Defense provides the Committees on Appropria-
19
tions of the House of Representatives and the Senate a
20
detailed execution plan for such funds.
21
(INCLUDING TRANSFER OF FUNDS)
22
SEC. 8149. In addition to amounts appropriated in
23
title II or otherwise made available elsewhere in this Act,
24
$3,250,000,000 is hereby appropriated to the Department
25
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148
•HR 9495 RH
of Defense and made available for transfer to military per-
1
sonnel accounts, operation and maintenance accounts, and
2
the Defense Working Capital Funds for the purposes of
3
a combatant commanders contingency fund to respond to
4
the emergent needs of the combatant commands: Provided,
5
That none of the funds provided under this section may
6
be obligated or expended until 30 days after the date that
7
the Secretary of Defense provides to the congressional de-
8
fense committees an execution plan: Provided further,
9
That not less than 15 days prior to any transfer of funds
10
under this section, the Secretary of Defense shall notify
11
the congressional defense committees of the details of any
12
such transfer: Provided further, That the transfer author-
13
ity provided under this section is in addition to any other
14
transfer authority provided elsewhere in this Act: Provided
15
further, That upon transfer, the funds shall be merged
16
with and available for the same purposes, and for the same
17
time period, as the appropriation to which transferred:
18
Provided further, That upon a determination that all or
19
part of the funds transferred from this appropriation are
20
not necessary for the purposes provided herein, such
21
amounts may be transferred back and merged with this
22
appropriation.
23
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(INCLUDING TRANSFER OF FUNDS)
1
SEC. 8150. In addition to amounts appropriated or
2
otherwise made available by this Act, $2,750,000,000 is
3
hereby appropriated to the Department of Defense for in-
4
novation, expansion, and acceleration of qualification and
5
certification activities and technical data management to
6
enhance competition in defense industrial base; Provided,
7
That none of the funds provided under this section may
8
be obligated or expended until 15 days after the Secretary
9
of Defense provides the Committees on Appropriations of
10
the House of Representatives and the Senate a detailed
11
execution plan for such funds: Provided further, That such
12
funds may be transferred to appropriations made available
13
under titles II, III, and IV, of this Act for program of
14
record requirements: Provided further, That funds trans-
15
ferred pursuant to this section shall be merged with and
16
available for the same purposes and for the same time pe-
17
riod as the appropriations to which the funds are trans-
18
ferred: Provided further, That the Secretary of Defense
19
shall notify the congressional defense committees of the
20
details of such transfers not less than 15 days before any
21
such transfer: Provided further, That the transfer author-
22
ity provided in this section is in addition to any other
23
transfer authority provided in this Act.
24
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(INCLUDING TRANSFER OF FUNDS)
1
SEC. 8151. In addition to amounts appropriated or
2
otherwise made available by this Act, $5,250,000,000 is
3
hereby appropriated to the Department of Defense for on-
4
premises infrastructure and compute capital expenses for
5
hardware, electronics and network equipment, storage,
6
and resiliency: Provided, That none of the funds provided
7
under this section may be used to purchase covered semi-
8
conductor products or services as defined in subsection (j)
9
of section 5949 of the National Defense Authorization Act
10
for Fiscal Year 2023 (Public Law 117–263; 41 U.S.C.
11
4713 note), regardless of whether or not a waiver has been
12
issued under subsection (b) of such section: Provided fur-
13
ther, That none of the funds provided under this section
14
may be obligated or expended until 30 days after the Sec-
15
retary of Defense provides the Committees on Appropria-
16
tions of the House of Representatives and the Senate a
17
detailed execution plan for such funds: Provided further,
18
That such funds may be transferred to appropriations
19
made available under titles II, III, and IV, of this Act
20
for program of record requirements: Provided further,
21
That funds transferred pursuant to this section shall be
22
merged with and available for the same purposes and for
23
the same time period as the appropriations to which the
24
funds are transferred: Provided further, That the Sec-
25
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retary of Defense shall notify the congressional defense
1
committees of the details of such transfers not less than
2
15 days before any such transfer: Provided further, That
3
the transfer authority provided in this section is in addi-
4
tion to any other transfer authority provided in this Act.
5
SEC. 8152. None of the funds made available by this
6
Act or any other Act may be used to carry out the reloca-
7
tion, consolidation, or realignment of any Army Basic
8
Combat Training unit.
9
SEC. 8153. None of the funds provided in this Act
10
may be used to conduct or support research using human
11
fetal tissue if such tissue is obtained pursuant to an in-
12
duced abortion.
13
SEC. 8154. None of the funds appropriated or other-
14
wise made available by this Act may be used for surgical
15
procedures or hormone therapies for the purposes of sex-
16
rejecting procedures.
17
SEC. 8155. None of the funds appropriated or other-
18
wise made available by this Act may be made available
19
for diversity, equity, and inclusion initiatives, training,
20
programs, offices, officers, policies, or any program,
21
project, or activity that promotes or advances Critical
22
Race Theory, or any concept associated with Critical Race
23
Theory.
24
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SEC. 8156. 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. 8157. 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. 8158. None of the funds appropriated or other-
13
wise made available by this Act shall be used to imple-
14
ment, administer, or otherwise carry out the Department
15
of Defense memorandum dated October 20, 2022, or any
16
successor to such memorandum, or to propose, promul-
17
gate, or implement any substantially similar rule or policy.
18
SEC. 8159. (a) IN GENERAL.—Notwithstanding sec-
19
tion 7 of title 1, United States Code, section 1738C of
20
title 28, United States Code, or any other provision of law,
21
none of the funds provided by this Act, or previous appro-
22
priations Acts, shall be used in whole or in part to take
23
any discriminatory action against a person, wholly or par-
24
tially, on the basis that such person speaks, or acts, in
25
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•HR 9495 RH
accordance with a sincerely held religious belief, or moral
1
conviction, that marriage is, or should be recognized as,
2
a union of one man and one woman.
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(b) DISCRIMINATORY ACTION DEFINED.—As used in
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subsection (a), a discriminatory action means any action
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taken by the Federal Government to—
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(1) alter in any way the Federal tax treatment
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of, or cause any tax, penalty, or payment to be as-
8
sessed against, or deny, delay, or revoke an exemp-
9
tion from taxation under section 501(a) of the Inter-
10
nal Revenue Code of 1986 of, any person referred to
11
in subsection (a);
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(2) disallow a deduction for Federal tax pur-
13
poses of any charitable contribution made to or by
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such person;
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(3) withhold, reduce the amount or funding for,
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exclude, terminate, or otherwise make unavailable or
17
deny, any Federal grant, contract, subcontract, co-
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operative agreement, guarantee, loan, scholarship, li-
19
cense, certification, accreditation, employment, or
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other similar position or status from or to such per-
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son;
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(4) withhold, reduce, exclude, terminate, or oth-
23
erwise make unavailable or deny, any entitlement or
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benefit under a Federal benefit program, including
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•HR 9495 RH
admission to, equal treatment in, or eligibility for a
1
degree from an educational program, from or to
2
such person; or
3
(5) withhold, reduce, exclude, terminate, or oth-
4
erwise make unavailable or deny access or an entitle-
5
ment to Federal property, facilities, educational in-
6
stitutions, speech fora (including traditional, limited,
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and nonpublic fora), or charitable fundraising cam-
8
paigns from or to such person.
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(c) ACCREDITATION; LICENSURE; CERTIFICATION.—
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The Federal Government shall consider accredited, li-
11
censed, or certified for purposes of Federal law any person
12
that would be accredited, licensed, or certified, respec-
13
tively, for such purposes but for a determination against
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such person wholly or partially on the basis that the per-
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son speaks, or acts, in accordance with a sincerely held
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religious belief or moral conviction described in subsection
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(a).
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REDESIGNATION OF THE DEPARTMENT OF DEFENSE AS
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THE DEPARTMENT OF WAR
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SEC. 8160. (a) CHANGES TO DEPARTMENTAL AND
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POSITIONAL
TITLES
IN
POSITIVE
LAW
TITLES
OF
22
UNITED STATES CODE.—Titles 10, 32, and 37, United
23
States Code, are amended, in each case with the matter
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•HR 9495 RH
inserted to be in the same typeface and typestyle as the
1
matter stricken, by—
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(1) striking ‘‘Department of Defense’’ each
3
place it appears and inserting ‘‘Department of
4
War’’; and
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(2) striking ‘‘Secretary of Defense’’ each place
6
it appears and inserting ‘‘Secretary of War’’.
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(b) CONFORMING CHANGES TO TITLE 10.—Title 10,
8
United States Code, is amended, in each case with the
9
matter inserted to be in the same typeface and typestyle
10
as the matter stricken—
11
(1) in sections 143, 2701(a)(4), 7381(c),
12
8226(c), and 9381(c), by striking ‘‘OSD’’ each place
13
it appears and inserting ‘‘Office of the Secretary of
14
War’’;
15
(2) in sections 148(c)(6), 165(c), 194(f),
16
392(e), 430b(d)(2), 1501(b), 1784(g), 2111b(e),
17
2461(b), 2563(a), 2701(f), 2704(c), 2704(d)(3),
18
7543(a), and 7687(a), by striking ‘‘DoD’’ and
19
‘‘DOD’’ each place it appears and inserting ‘‘De-
20
partment of War’’;
21
(3) in section 127e(h), by striking ‘‘ASD’’ and
22
inserting ‘‘Assistant Secretary of War’’;
23
(4)
in
sections
1175a(j)(5),
4022(e)(1),
24
4863(b)(3)(C), and 4872(d)(3), by striking ‘‘Under-
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•HR 9495 RH
secretary of Defense’’ each of the places it appears
1
and inserting ‘‘Under Secretary of War’’;
2
(5) in section 2926(f)(5)(D), by striking ‘‘Sec-
3
retary for Defense’’ and insert ‘‘Secretary of War’’;
4
(6)
in
sections
131(b),
137a,
138,
5
139b(b)(3)(B)(vii), 398a(c), 1142(b)(19), by strik-
6
ing ‘‘Secretaries of Defense’’ each place it appears
7
and inserting ‘‘Secretaries of War’’;
8
(7) in section 2164b, by striking ‘‘DODEA’’
9
each place it appears and inserting ‘‘Department of
10
War Education Activity’’; and
11
(8) in section 4091, by striking ‘‘Defense Test
12
Resource Management Center’’ each place it appears
13
and inserting ‘‘Department of War Test Resource
14
Management Center’’.
15
(c) EXCEPTIONS FOR DATE SPECIFIC ISSUANCES IN
16
TITLE 10.—
17
(1) The amendments in subsections (a)(1) and
18
(b)(2) shall not apply to sections 120(d), 1721(c),
19
2216a(c)(1),
2263(b)(2),
2856a(c),
2856b(c),
20
3138(f)(4), 4505(h)(5), 4506(d)(2)(A), 4506(f)(3),
21
4832(c)(4), and 5502(c)(3)(B) of title 10, United
22
States Code.
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(2) The amendments in subsection (a)(1) shall
24
not apply to the term ‘‘Department of Defense In-
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•HR 9495 RH
terim Guidance dated February 29, 2000’’ in section
1
2475(a) of title 10, United States Code.
2
(3) The amendments in subsection (a)(2) shall
3
not apply to sections 499c(a)(1)(D), 500d(c),
4
2281(d)(2),
3138(f)(4),
5502(c)(3)(A),
and
5
5502(c)(3)(B) of title 10, United States Code.
6
(d) OTHER REFERENCES.—Chapter 1 of title 10,
7
United States Code, is amended by inserting after section
8
102 the following new section:
9
‘‘SEC. 103. REFERENCES TO THE SECRETARY OF DEFENSE
10
AND DEPARTMENT OF DEFENSE.
11
‘‘Any reference to the Secretary of Defense and De-
12
partment of Defense in any law, regulation, map, docu-
13
ment, record, or other paper of the United States shall
14
be deemed to be a reference to the Secretary of War and
15
Department of War, respectively.’’.
16
SPENDING REDUCTION ACCOUNT
17
SEC. 8161. $0.
18
This Act may be cited as the ‘‘Department of Defense
19
Appropriations Act, 2027’’.
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Union Calendar No. 621
119TH CONGRESS
2D SESSION
H. R. 9495
[Report No. 119–715]
A BILL
Making appropriations for the Department of De-
fense for the fiscal year ending September 30,
2027, and for other purposes.
JUNE 26, 2026
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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