[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4921 Reported in Senate (RS)]
<DOC>
Calendar No. 450
118th CONGRESS
2d Session
S. 4921
[Report No. 118-204]
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2025, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2024
Mr. Tester, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2025, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Defense for the fiscal year ending
September 30, 2025, and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $50,702,367,000:
Provided, That of the amounts made available under this heading,
$135,000,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $38,400,554,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $15,771,387,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $36,782,371,000.
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Space Force on active duty and cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $1,273,037,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 7038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $5,457,830,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,544,945,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$936,225,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 9038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,556,924,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$9,909,645,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$5,285,794,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$60,023,592,000: Provided, That not to exceed $12,478,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Army, and payments may be
made upon the Secretary's certificate of necessity for confidential
military purposes: Provided further, That of the amounts made
available under this heading, $774,338,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $75,941,291,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary expenses, to
be expended upon the approval or authority of the Secretary of the
Navy, and payments may be made upon the Secretary's certificate of
necessity for confidential military purposes: Provided further, That
of the amounts made available under this heading, $1,009,082,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$11,215,984,000: Provided, That of the amounts made available under
this heading, $585,865,000 is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$66,952,360,000: Provided, That not to exceed $7,699,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Air Force, and payments
may be made upon the Secretary's certificate of necessity for
confidential military purposes: Provided further, That of the amounts
made available under this heading, $2,441,731,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by law,
$5,228,537,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$53,638,689,000: Provided, That not more than $2,981,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the
Secretary of Defense, and payments may be made upon the Secretary's
certificate of necessity for confidential military purposes: Provided
further, That of the funds provided under this heading, not less than
$55,000,000 shall be made available for the APEX Accelerators, of which
not less than $5,000,000 shall be available for centers with eligible
entities defined in 10 U.S.C. 4951(1)(D): Provided further, That none
of the funds appropriated or otherwise made available by this Act may
be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That of the
funds provided under this heading, $3,000,000, to remain available
until September 30, 2026, shall be available only for expenses relating
to certain classified activities: Provided further, That of the funds
provided under this heading, $26,777,000, to remain available until
expended, shall be available only for expenses relating to certain
classified activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with operation
and maintenance funds shall not apply to the funds described in the
preceding proviso: Provided further, That of the funds provided under
this heading, $2,813,302,000, of which $1,352,219,000, to remain
available until September 30, 2026, shall be available to provide
support and assistance to foreign security forces or other groups or
individuals to conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation programs:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act: Provided further, That of the amounts made
available under this heading, $1,000,000 is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $528,699,000, to remain available until September 30, 2026:
Provided, That such funds shall be available to the Secretary of
Defense in coordination with the Secretary of State, to provide
assistance, including training; equipment; logistics support, supplies,
and services; stipends; infrastructure repair and renovation;
construction for facility fortification and humane treatment; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their affiliated or
associated groups: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a security mission
to counter the Islamic State of Iraq and Syria, and following written
notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense committees in
writing of the details of any such obligation: Provided further, That
the Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government
of Iraq and other entities, to carry out assistance authorized under
this heading: Provided further, That contributions of funds for the
purposes provided herein from any foreign government or other entity
may be credited to this Fund, to remain available until expended, and
used for such purposes: Provided further, That the Secretary of
Defense shall prioritize such contributions when providing any
assistance for construction for facility fortification: Provided
further, That the Secretary of Defense may waive a provision of law
relating to the acquisition of items and support services or sections
40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if
the Secretary determines that such provision of law would prohibit,
restrict, delay or otherwise limit the provision of such assistance and
a notice of and justification for such waiver is submitted to the
congressional defense committees, the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using funds
provided under this heading, or under the heading, ``Iraq Train and
Equip Fund'' in prior Acts, that was transferred to security forces,
irregular forces, or groups participating, or preparing to participate
in activities to counter the Islamic State of Iraq and Syria and
returned by such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of Defense upon
written notification to the congressional defense committees: Provided
further, That equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund'' in prior
Acts, and not yet transferred to security forces, irregular forces, or
groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria may be treated as stocks of
the Department of Defense when determined by the Secretary to no longer
be required for transfer to such forces or groups and upon written
notification to the congressional defense committees: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds provided
under this heading, including, but not limited to, the number of
individuals trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations for each
group, and the contributions of other countries, groups, or
individuals.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,355,777,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,335,162,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $340,580,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $4,120,296,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $8,609,258,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $7,401,081,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $21,035,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $323,069,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That amounts transferred back
under the preceding proviso, and amounts credited to appropriations
made under this heading pursuant to section 2703(e) of title 10, United
States Code, are available until transferred under conditions set forth
in the preceding provisos: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $343,591,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That amounts transferred back
under the preceding proviso, and amounts credited to appropriations
made under this heading pursuant to section 2703(e) of title 10, United
States Code, are available until transferred under conditions set forth
in the preceding provisos: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $372,524,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That amounts
transferred back under the preceding proviso, and amounts credited to
appropriations made under this heading pursuant to section 2703(e) of
title 10, United States Code, are available until transferred under
conditions set forth in the preceding provisos: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $9,480,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That amounts transferred back under
the preceding proviso, and amounts credited to appropriations made
under this heading pursuant to section 2703(e) of title 10, United
States Code, are available until transferred under conditions set forth
in the preceding provisos: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $257,207,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That amounts transferred back under
the preceding proviso, and amounts credited to appropriations made
under this heading pursuant to section 2703(e) of title 10, United
States Code, are available until transferred under conditions set forth
in the preceding provisos: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $115,335,000, to remain available until
September 30, 2026.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $350,116,000, to remain
available until September 30, 2027.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce Development
Account, $115,676,000: Provided, That no other amounts may be
otherwise credited or transferred to the Account, or deposited into the
Account, in fiscal year 2025 pursuant to section 1705(d) of title 10,
United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,163,347,000, to remain available for obligation until
September 30, 2027.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $6,316,380,000, to remain available for obligation until
September 30, 2027: Provided, That of the amounts made available under
this heading, $382,000,000 is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$3,664,281,000, to remain available for obligation until September 30,
2027: Provided, That of the amounts made available under this heading,
$199,800,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $3,810,333,000, to remain available for
obligation until September 30, 2027: Provided, That of the amounts
made available under this heading, $960,507,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$8,880,051,000, to remain available for obligation until September 30,
2027: Provided, That of the amounts made available under this heading,
$165,455,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $15,241,216,000, to remain available for obligation
until September 30, 2027: Provided, That of the amounts made available
under this heading, $124,800,000 is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $6,568,402,000, to remain available
for obligation until September 30, 2027: Provided, That of the amounts
made available under this heading, $50,000,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,643,478,000, to remain available for
obligation until September 30, 2027.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Columbia Class Submarine, $3,361,835,000;
Columbia Class Submarine (AP), $6,215,939,000;
Carrier Replacement Program (CVN-80), $1,186,873,000;
Carrier Replacement Program (CVN-81), $721,045,000;
Virginia Class Submarine, $3,972,904,000;
Virginia Class Submarine (AP), $3,720,303,000;
CVN Refueling Overhauls, $811,143,000;
DDG-1000 Program, $61,100,000;
DDG-51 Destroyer, $7,951,890,000;
DDG-51 Destroyer (AP), $83,224,000, of which $41,500,000 is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985;
FFG-Frigate, $1,270,442,000;
LPD Flight II, $1,561,963,000;
LPD Flight II (AP), $500,000,000, of which $500,000,000 is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985;
LHA Replacement (AP), $256,118,000, of which $195,000,000
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985;
Medium Landing Ship, $268,068,000;
Ship to Shore Connector, $417,000,000, of which
$417,000,000 is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985;
Service Craft, $41,426,000;
Auxiliary Personnel Lighter, $76,168,000;
LCAC SLEP, $45,087,000;
Auxiliary Vessels, $204,939,000;
For outfitting, post delivery, conversions, and first
destination transportation, $605,753,000; and
Completion of Prior Year Shipbuilding Programs,
$3,690,024,000, of which $1,000,000,000 is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
In all: $37,023,244,000, to remain available for obligation until
September 30, 2029, of which $2,153,500,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided, That additional obligations may be incurred
after September 30, 2029, for engineering services, tests, evaluations,
and other such budgeted work that must be performed in the final stage
of ship construction: Provided further, That none of the funds
provided under this heading for the construction or conversion of any
naval vessel to be constructed in shipyards in the United States shall
be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for Columbia Class
Submarine (AP) may be available for the purposes authorized by
subsections (f), (g), (h) or (i) of section 2218a of title 10, United
States Code, only in accordance with the provisions of the applicable
subsection.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $16,482,271,000, to
remain available for obligation until September 30, 2027: Provided,
That such funds are also available for the maintenance, repair, and
modernization of ships under a pilot program established for such
purposes: Provided further, That of the amounts made available under
this heading, $597,500,000 is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $4,201,143,000, to remain available for obligation
until September 30, 2027: Provided, That of the amounts made available
under this heading, $240,900,000 is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $21,736,953,000, to remain available for
obligation until September 30, 2027: Provided, That of the amounts
made available under this heading, $2,140,821,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $4,208,262,000, to remain
available for obligation until September 30, 2027: Provided, That of
the amounts made available under this heading, $95,700,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $598,855,000, to remain available for
obligation until September 30, 2027.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $29,876,245,000, to remain
available for obligation until September 30, 2027: Provided, That of
the amounts made available under this heading, $344,980,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement, Space Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $4,078,521,000, to remain
available for obligation until September 30, 2027.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $5,819,954,000, to remain available for obligation until
September 30, 2027: Provided, That of the amounts made available under
this heading, $527,245,000 is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $909,377,000, to remain available for
obligation until September 30, 2029, which shall be obligated and
expended by the Secretary of Defense as if delegated the necessary
authorities conferred by the Defense Production Act of 1950: Provided,
That of the amounts made available under this heading, $500,000,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $1,000,000,000, to remain
available for obligation until September 30, 2027: Provided, That the
Chiefs of National Guard and Reserve components shall, not later than
30 days after enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify
missiles, munitions, or ammunition: Provided further, That of the
amounts made available under this heading, $650,000,000 is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$14,495,968,000, to remain available for obligation until September 30,
2026: Provided, That of the amounts made available under this heading,
$4,500,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$26,221,839,000, to remain available for obligation until September 30,
2026: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
of the amounts made available under this heading, $585,000,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$46,829,805,000, to remain available for obligation until September 30,
2026: Provided, That of the amounts made available under this heading,
$74,394,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$19,773,158,000, to remain available until September 30, 2026:
Provided, That of the amounts made available under this heading,
$1,030,000,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $36,946,466,000, to remain
available for obligation until September 30, 2026: Provided, That of
the amounts made available under this heading, $1,223,825,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $850,809,000, to remain available for obligation
until September 30, 2026: Provided, That of the amounts made available
under this heading, $500,000,000 is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,832,921,000.
National Defense Stockpile Transaction Fund
For the National Defense Stockpile Transaction Fund, $7,629,000,
for activities pursuant to the Strategic and Critical Material Stock
Piling Act (50 U.S.C. 98 et seq.).
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$40,608,860,000; of which $38,241,057,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2026, and of which up to
$20,199,128,000 may be available for contracts entered into under the
TRICARE program; of which $398,867,000, to remain available for
obligation until September 30, 2027, shall be for procurement; and of
which $1,968,936,000, to remain available for obligation until
September 30, 2026, shall be for research, development, test and
evaluation: Provided, That of the funds provided under this heading
for research, development, test and evaluation, not less than
$882,000,000 shall be made available to the Defense Health Agency to
carry out the congressionally directed medical research programs.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521),
$775,507,000, of which $20,745,000 shall be for operation and
maintenance, of which not less than $20,745,000 shall be for the
Chemical Stockpile Emergency Preparedness Program, consisting of
$13,945,000 for activities on military installations and $6,800,000, to
remain available until September 30, 2026, to assist State and local
governments; and $754,762,000, to remain available until September 30,
2026, shall be for research, development, test and evaluation, of which
$754,762,000 shall only be for the Assembled Chemical Weapons
Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,091,479,000, of which $653,702,000
shall be for counter-narcotics support; $135,567,000 shall be for the
drug demand reduction program; $276,043,000 shall be for the National
Guard counter-drug program; and $26,167,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act: Provided
further, That of the amounts made available under this heading,
$70,000,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $557,331,000, of which $554,095,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended upon the approval
or authority of the Inspector General, and payments may be made upon
the Inspector General's certificate of necessity for confidential
military purposes; of which $1,336,000, to remain available for
obligation until September 30, 2027, shall be for procurement; and of
which $1,900,000, to remain available until September 30, 2026, shall
be for research, development, test and evaluation: Provided, That of
the amounts made available under this heading, $10,000,000 is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $615,507,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Director of the Office of Management and
Budget, transfer not to exceed $6,000,000,000 of working capital funds
of the Department of Defense or funds made available in this Act to the
Department of Defense for military functions (except military
construction) between such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to which
transferred: Provided, That such authority to transfer may not be used
unless for higher priority items, based on unforeseen military
requirements, than those for which originally appropriated and in no
case where the item for which funds are requested has been denied by
the Congress: Provided further, That the Secretary of Defense shall
notify the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided further, That
no part of the funds in this Act shall be available to prepare or
present a request to the Committees on Appropriations of the House of
Representatives and the Senate for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2025: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Committee Recommended
Adjustments'' in the report accompanying this Act and the tables
contained in the classified annex accompanying this Act, the obligation
and expenditure of amounts appropriated or otherwise made available in
this Act for those programs, projects, and activities for which the
amounts appropriated exceed the amounts requested are hereby required
by law to be carried out in the manner provided by such tables to the
same extent as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
of this Act shall apply when transfers of the amounts described in
subsection (a) occur between appropriation accounts, subject to the
limitation in subsection (c): Provided further, That the transfer
amount limitation provided in section 8005 of this Act shall not apply
to transfers of amounts described in subsection (a) if such transfers
are necessary for the proper execution of such funds.
(c) During the current fiscal year, amounts specified in the
referenced tables in titles III and IV of this Act described in
subsection (a) may not be transferred pursuant to section 8005 of this
Act other than for proper execution of such amounts, as provided in
subsection (b).
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2025: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-Drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Director of the Office
of Management and Budget, except that such transfers may not be made
unless the Secretary of Defense has notified the Congress of the
proposed transfer: Provided further, That except in amounts equal to
the amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance
procurement activities in the fiscal year covered by the
budget, full funding of procurement of such unit in that fiscal
year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts of not more than 350 T408 engines and
37 CH-53K heavy lift helicopters.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code: Provided, That such funds may also be obligated for humanitarian
and civic assistance costs incidental to authorized operations and
pursuant to authority granted in section 401 of title 10, United States
Code, and these obligations shall be reported as required by section
401(d) of title 10, United States Code: Provided further, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of Defense that such action is
beneficial for graduate medical education programs conducted at Defense
Health Agency medical facilities located in Hawaii, the Secretary of
Defense may authorize the provision of medical services at such
facilities and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the Commonwealth of
the Northern Mariana Islands, the Marshall Islands, the Federated
States of Micronesia, Palau, and Guam.
Sec. 8012. None of the funds appropriated by this or any prior
Department of Defense Appropriations Act may be used to obligate and
expend funds made available in accordance with subsection (c) of
section 3136 of title 10, United States Code, except for the purposes
described in paragraphs (d)(1) through (d)(4).
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades, or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 4902 of title 10, United States Code,
under the authority of this provision or any other transfer authority
contained in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal year 2026
(as submitted to Congress pursuant to section 1105 of title 31, United
States Code) a description of each transfer under this section that
occurred during the last fiscal year before the fiscal year in which
such budget is submitted.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain unless the
anchor and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United States:
Provided, That for the purpose of this section, the term
``manufactured'' shall include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall
be considered to be produced or manufactured in the United States if
the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the Service
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that such
an acquisition must be made in order to acquire capability for national
security purposes.
Sec. 8017. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That, in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. Of the funds made available in this Act under the
heading ``Procurement, Defense-Wide'', $24,950,000 shall be available
only for incentive payments authorized by section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a subcontract
award to any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and controlled
by an individual or individuals defined under section 4221(9) of title
25, United States Code, shall be considered a contractor for the
purposes of being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves the
expenditure of funds appropriated by an Act making appropriations for
the Department of Defense with respect to any fiscal year: Provided
further, That notwithstanding section 1906 of title 41, United States
Code, this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items produced or
manufactured, in whole or in part, by any subcontractor or supplier
defined in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals defined
under section 4221(9) of title 25, United States Code.
Sec. 8021. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 may be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8023. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8024. Of the amounts appropriated for ``Working Capital Fund,
Army'', $120,000,000 shall be available to maintain competitive rates
at the arsenals.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $73,500,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $56,500,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-drug
activities, and drug demand reduction activities involving
youth programs;
(2) $15,000,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $2,000,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) Except when acting in a technical advisory capacity, no member
of a Board of Directors, Trustees, Overseers, Advisory Group, Special
Issues Panel, Visiting Committee, or any similar entity of a defense
FFRDC, or any entity that contracts with the Federal government to
manage or operate one or more FFRDCs, or any paid consultant to a
defense FFRDC shall receive funds appropriated by this Act as
compensation for services as a member of such entity: Provided, That a
member of any such entity shall be allowed travel expenses and per diem
as authorized under the Federal Joint Travel Regulations, when engaged
in the performance of membership duties: Provided further, That except
when acting in a technical advisory capacity, no paid consultant shall
receive funds appropriated by this Act as compensation by more than one
FFRDC in a calendar year.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2025, not more than
$2,886,300,000 may be funded for professional technical staff-related
costs of the defense FFRDCs: Provided, That within such funds, not
more than $461,300,000 shall be available for the defense studies and
analysis FFRDCs: Provided further, That this subsection shall not
apply to staff years funded in the National Intelligence Program and
the Military Intelligence Program: Provided further, That the
Secretary of Defense shall, with the submission of the department's
fiscal year 2026 budget request, submit a report presenting the
specific amounts of staff years of technical effort to be allocated for
each defense FFRDC by program during that fiscal year and the
associated budget estimates, by appropriation account and program.
Sec. 8027. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
Sec. 8028. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8030. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 4658 of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8031. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8032. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2025. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreements Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8033. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial products'',
as defined by section 103 of title 41, United States Code, except that
the restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8034. In addition to any other funds made available for such
purposes, there is appropriated $600,000,000, for an additional amount
for the ``National Defense Stockpile Transaction Fund'', to remain
available until September 30, 2027, for activities pursuant to the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et
seq.): Provided, That none of the funds provided under this section
may be obligated or expended until 30 days after the Secretary of
Defense provides the Committees on Appropriations of the House of
Representatives and the Senate a detailed execution plan for such
funds: Provided further, That of the amounts made available under this
heading, $500,000,000 is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 8035. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8036. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 4851 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8037. None of the funds made available in this Act, or any
subsequent Act making appropriations for the Department of Defense, may
be used for the purchase or manufacture of a flag of the United States
unless such flags are treated as covered items under section 4862(b) of
title 10, United States Code.
Sec. 8038. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account shall be available until expended for the payments
specified by section 2687a(b)(2) of title 10, United States Code.
Sec. 8039. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $350,000: Provided, That upon determination
by the Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command engaged
in a named contingency operation overseas, such funds may be used to
purchase items having an investment item unit cost of not more than
$500,000.
Sec. 8040. Up to $8,132,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the United States Indo-Pacific Command to execute Theater
Security Cooperation activities such as humanitarian assistance, and
payment of incremental and personnel costs of training and exercising
with foreign security forces: Provided, That funds made available for
this purpose may be used, notwithstanding any other funding authorities
for humanitarian assistance, security assistance or combined exercise
expenses: Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited from
receiving such type of assistance under any other provision of law.
Sec. 8041. The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the local
community: Provided, That such regulations shall direct that the
prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2026 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2026 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2026 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8043. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2026: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2026: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for the construction, improvement, or alteration of
facilities, including leased facilities, to be used primarily by
personnel of the intelligence community, shall remain available until
September 30, 2027.
Sec. 8044. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an Indian
tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)),
or a Native Hawaiian Organization, as defined in section
8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8045. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Afghanistan Security Forces Fund'', 2022/2025,
$80,000,000;
``Aircraft Procurement, Army'', 2023/2025, $25,000,000;
``Aircraft Procurement, Navy'', 2023/2025, $3,700,000;
``Other Procurement, Navy'', 2023/2025, $50,000,000;
``Aircraft Procurement, Air Force'', 2023/2025,
$115,204,000;
``Procurement of Ammunition, Air Force'', 2023/2025,
$23,000,000;
``Aircraft Procurement, Air Force'', 2024/2026,
$75,000,000;
``Other Procurement, Air Force'', 2024/2026, $48,000,000;
``Procurement, Defense-Wide'', 2024/2026, $14,821,000;
``Research, Development, Test and Evaluation, Navy'', 2024/
2025, $16,395,000;
``Research, Development, Test and Evaluation, Air Force'',
2024/2025, $13,151,000;
``Research, Development, Test and Evaluation, Space
Force'', 2024/2025, $111,665,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', 2024/2025, $17,800,000.
Sec. 8046. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8047. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose: Provided, That this restriction shall
not apply to any activities incidental to the Defense POW/MIA
Accounting Agency mission to recover and identify the remains of United
States Armed Forces personnel from the Democratic People's Republic of
Korea.
Sec. 8048. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8049. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $24,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $24,000,000 to the United Service Organizations.
Sec. 8050. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they
contribute to the extramural budget. The Secretary of each military
department, the Director of each Defense Agency, and the head of each
other relevant component of the Department of Defense shall submit to
the congressional defense committees, concurrent with submission of the
budget justification documents to Congress pursuant to section 1105 of
title 31, United States Code, a report with a detailed accounting of
the Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides taken from programs, projects,
or activities within such department, agency, or component during the
most recently completed fiscal year.
Sec. 8051. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8052. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8053. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8054. (a) None of the funds appropriated or otherwise made
available by this or prior Acts may be obligated or expended to retire,
prepare to retire, or place in storage or on backup aircraft inventory
status any C-40 aircraft.
(b) The limitation under subsection (a) shall not apply to an
individual C-40 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
due to a Class A mishap.
(c) If the Secretary determines under subsection (b) that an
aircraft is no longer mission capable, the Secretary shall submit to
the congressional defense committees a certification in writing that
the status of such aircraft is due to a Class A mishap and not due to
lack of maintenance, repairs, or other reasons.
Sec. 8055. (a) None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military forces
for operational training, operational use, or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping in accordance with an approved test strategy,
and test activities preceding and leading to acceptance for operational
use.
(b) If the number of end-items budgeted with funds appropriated in
title IV of this Act exceeds the number required in an approved test
strategy, the Under Secretary of Defense (Research and Engineering) and
the Under Secretary of Defense (Acquisition and Sustainment), in
coordination with the responsible Service Acquisition Executive, shall
certify in writing to the congressional defense committees that there
is a bonafide need for the additional end-items at the time of
submittal to Congress of the budget of the President for fiscal year
2026 pursuant to section 1105 of title 31, United States Code:
Provided, That this restriction does not apply to programs funded
within the National Intelligence Program.
(c) The Secretary of Defense shall, at the time of the submittal to
Congress of the budget of the President for fiscal year 2026 pursuant
to section 1105 of title 31, United States Code, submit to the
congressional defense committees a report detailing the use of funds
requested in research, development, test and evaluation accounts for
end-items used in development, prototyping and test activities
preceding and leading to acceptance for operational use: Provided,
That the report shall set forth, for each end item covered by the
preceding proviso, a detailed list of the statutory authorities under
which amounts in the accounts described in that proviso were used for
such item: Provided further, That the Secretary of Defense shall, at
the time of the submittal to Congress of the budget of the President
for fiscal year 2026 pursuant to section 1105 of title 31, United
States Code, submit to the congressional defense committees a
certification that funds requested for fiscal year 2026 in research,
development, test and evaluation accounts are in compliance with this
section: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Subcommittees on Defense of the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8056. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8057. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start Defense
Innovation Acceleration (PE 0603838D8Z) or Rapid Prototyping Program
(PE 0604331D8Z) demonstration project with a value of more than
$5,000,000 may only be obligated 15 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8058. The Secretary of Defense shall continue to provide a
classified quarterly report to the Committees on Appropriations of the
House of Representatives and the Senate, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8059. Notwithstanding section 12310(b) of title 10, United
States Code, a servicemember who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of title
32, United States Code, may perform duties in support of the ground-
based elements of the National Ballistic Missile Defense System.
Sec. 8060. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', ``armor-
piercing incendiary tracer (API-T)'', ``general purpose (GP)'',
``special purpose (SP)'' except 9mm, or ``enhanced performance round
(EPR)'', except to an entity performing demilitarization services for
the Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that the
above listed projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8061. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or their designee, may waive payment of
all or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or their
designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8062. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $194,452,598 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8063. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of
a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change
is otherwise in accordance with paragraphs (1)-(3) of subsection (a).
(c) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not adversely
affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
(including transfer of funds)
Sec. 8064. In addition to amounts made available elsewhere in this
Act, $400,000,000 is hereby appropriated to the Department of Defense
and made available for transfer to operation and maintenance accounts,
procurement accounts, and research, development, test and evaluation
accounts only for those efforts by the Commander, United States Africa
Command or Commander, United States Southern Command to expand
cooperation, share operational information, advance interoperability,
or improve the capabilities of our allies and partners in their areas
of operation: Provided, That none of the funds provided under this
section may be obligated or expended until 30 days after the Secretary
of Defense provides to the congressional defense committees an
execution plan: Provided further, That not less than 15 days prior to
any transfer of funds, the Secretary of Defense shall notify the
congressional defense committees of the details of any such transfer:
Provided further, That upon transfer, the funds shall be merged with
and available for the same purposes, and for the same time period, as
the appropriation to which transferred: Provided further, That the
transfer authority provided under this section is in addition to any
other transfer authority provided elsewhere in this Act.
(including transfer of funds)
Sec. 8065. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8067. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet: Provided,
That the command and control relationships which existed on October 1,
2004, shall remain in force until a written modification has been
proposed to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the proposed
modification may be implemented 30 days after the notification unless
an objection is received from either the House or Senate Appropriations
Committees: Provided further, That any proposed modification shall not
preclude the ability of the commander of United States Indo-Pacific
Command to meet operational requirements.
Sec. 8068. Any notice that is required to be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate under section 3601 of title 10, United States Code, as added by
section 804(a) of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 shall be submitted pursuant to that
requirement concurrently to the Subcommittees on Defense of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 8069. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $500,000,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$110,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended; $127,000,000 shall
be for the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under the
SRBMD program; $40,000,000 shall be for co-production activities of
SRBMD systems in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production agreement for
SRBMD, as amended; $50,000,000 shall be for an upper-tier component to
the Israeli Missile Defense Architecture, of which $50,000,000 shall be
for co-production activities of Arrow 3 Upper Tier systems in the
United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures,
subject to the U.S.-Israeli co-production agreement for Arrow 3 Upper
Tier, as amended; and $173,000,000 shall be for the Arrow System
Improvement Program including development of a long range, ground and
airborne, detection suite.
Sec. 8070. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $3,690,024,000 shall be
available until September 30, 2025, to fund prior year shipbuilding
cost increases for the following programs (of which $1,000,000,000 is
from amounts that are designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 under such
heading):
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2025: Carrier Replacement Program, $236,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2025: DDG 51 Program, $10,509,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2025: Towing, Salvage, and Rescue Ship Program,
$60,000,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2025: Virginia Class Submarine Program,
$219,370,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2025: DDG 51 Program, $115,600,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2025: Littoral Combat Ship Program, $8,100,000;
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2025: LHA Replacement Program, $115,397,000;
(8) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2025: Virginia Class Submarine Program,
$73,634,000;
(9) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2025: DDG 51 Program, $107,405,000;
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2025: Littoral Combat Ship Program, $12,000,000;
(11) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2025: LPD 17 (Flight II) Amphibious Transport Dock
Program, $19,158,000;
(12) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2025: Oceanographic Ships Program, $18,000,000;
(13) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2025: Ship to Shore Connector Program,
$14,694,000;
(14) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2025: Littoral Combat Ship Program, $27,900,000;
(15) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2025: T-AO Fleet Oiler Program, $49,995,000;
(16) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2025: Ship to Shore Connector Program,
$33,345,000;
(17) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2025: CVN Refueling Overhauls, $669,171,000;
(18) Under the heading, ``Shipbuilding and Conversion,
Navy'', 2020/2025: FFG-Frigate Program, $184,473,000;
(19) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2025: T-AO Fleet Oiler Program, $151,837,000;
(20) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2025: Towing, Salvage, and Rescue Ship Program,
$978,000;
(21) Under the heading, ``Shipbuilding and Conversion,
Navy'', 2021/2025: FFG-Frigate Program, $134,015,000;
(22) Under the heading ``Shipbuilding and Conversion,
Navy'', 2021/2025: Towing, Salvage, and Rescue Ship Program,
$17,375,000;
(23) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2025: FFG-Frigate Program, $113,645,000;
(24) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2025: T-AO Fleet Oiler Program, $13,222,000;
(25) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2025: Towing, Salvage, and Rescue Ship Program,
$4,234,000;
(26) Under the heading ``Shipbuilding and Conversion,
Navy'', 2023/2025: FFG-Frigate Program, $95,039,000;
(27) Under the heading ``Shipbuilding and Conversion,
Navy'', 2023/2025: T-AO Fleet Oiler Program, $12,100,000;
(28) Under the heading ``Shipbuilding and Conversion,
Navy'', 2024/2025: Virginia Class Submarine Program,
$1,000,000,000 (of which $1,000,000,000 is from amounts that
are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 under such
heading); and
(29) Under the heading ``Shipbuilding and Conversion,
Navy'', 2024/2025: FFG-Frigate Program, $172,828,000.
Sec. 8071. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 3094)
during fiscal year 2025 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2025.
Sec. 8072. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8073. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
(including transfer of funds)
Sec. 8074. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $20,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That
the transfer authority provided under this section is in addition to
any other transfer authority contained elsewhere in this Act: Provided
further, That the transfer authority provided by this section expires
on September 30, 2029.
Sec. 8075. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8076. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8077. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2026.
Sec. 8078. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8079. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2025: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8080. Any transfer of amounts appropriated to the Department
of Defense Acquisition Workforce Development Account in or for fiscal
year 2025 to a military department or Defense Agency pursuant to
section 1705(e)(1) of title 10, United States Code, shall be covered by
and subject to section 8005 of this Act.
Sec. 8081. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8082. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8083. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8084. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$162,500,000, shall be available for transfer to the Joint Department
of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8085. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense or a
component thereof in contravention of the provisions of section 130h of
title 10, United States Code.
Sec. 8086. Notwithstanding price or other limitations applicable
to the purchase of passenger carrying vehicles, appropriations
available to the Department of Defense may be used for the purchase of:
(1) heavy and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of $450,000
per vehicle; and (2) passenger motor vehicles up to a limit of $75,000
per vehicle for use by military and civilian employees of the
Department of Defense in the United States Central Command area of
responsibility.
(including transfer of funds)
Sec. 8087. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Director of the
Office of Management and Budget, transfer not to exceed $1,500,000,000
of the funds made available in this Act for the National Intelligence
Program: Provided, That such authority to transfer may not be used
unless for higher priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated and in no
case where the item for which funds are requested has been denied by
the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this section shall
be made prior to June 30, 2025.
Sec. 8088. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $204,939,000, to remain
available for obligation until September 30, 2029, may be used for the
purchase of two used sealift vessels for the National Defense Reserve
Fleet, established under section 11 of the Merchant Ship Sales Act of
1946 (46 U.S.C. 57100): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime Administration
account of the United States Department of Transportation for programs,
projects, activities, and expenses related to the National Defense
Reserve Fleet: Provided further, That notwithstanding section 2218 of
title 10, United States Code, none of these funds shall be transferred
to the National Defense Sealift Fund for execution.
Sec. 8089. The Secretary of Defense shall post grant awards on a
public website in a searchable format.
Sec. 8090. None of the funds made available by this Act may be
used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States Code)
of any electronic communication of a United States person from
a provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence
Surveillance Act of 1978.
Sec. 8091. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Department of
Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8092. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $769,047,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses related
to the National Defense Reserve Fleet.
Sec. 8093. (a) None of the funds provided in this Act for the TAO
Fleet Oiler program shall be used to award a new contract that provides
for the acquisition of the following components unless those components
are manufactured in the United States: Auxiliary equipment (including
pumps) for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; spreaders for
shipboard cranes; and anchor chains, specifically for the seventh and
subsequent ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X) Frigate
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Air circuit breakers; gyrocompasses;
electronic navigation chart systems; steering controls; pumps;
propulsion and machinery control systems; totally enclosed lifeboats;
auxiliary equipment pumps; shipboard cranes; auxiliary chill water
systems; and propulsion propellers: Provided, That the Secretary of
the Navy shall incorporate United States manufactured propulsion
engines and propulsion reduction gears into the FFG(X) Frigate program
beginning not later than with the eleventh ship of the program.
Sec. 8094. None of the funds provided in this Act for requirements
development, performance specification development, concept design and
development, ship configuration development, systems engineering, naval
architecture, marine engineering, operations research analysis,
industry studies, preliminary design, development of the Detailed
Design and Construction Request for Proposals solicitation package, or
related activities for the T-ARC(X) Cable Laying and Repair Ship or the
T-AGOS(X) Oceanographic Surveillance Ship may be used to award a new
contract for such activities unless these contracts include
specifications that all auxiliary equipment, including pumps and
propulsion shafts, are manufactured in the United States.
Sec. 8095. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8096. None of the funds made available by this Act may be
used for Government Travel Charge Card expenses by military or civilian
personnel of the Department of Defense for gaming, or for entertainment
that includes topless or nude entertainers or participants, as
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8097. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities, or for any activity necessary
for the national defense, including intelligence activities.
Sec. 8098. None of the funds provided for, or otherwise made
available, in this or any other Act, may be obligated or expended by
the Secretary of Defense to provide motorized vehicles, aviation
platforms, munitions other than small arms and munitions appropriate
for customary ceremonial honors, operational military units, or
operational military platforms if the Secretary determines that
providing such units, platforms, or equipment would undermine the
readiness of such units, platforms, or equipment.
Sec. 8099. (a) None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and
that is not being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting such tax liability, provided
that the applicable Federal agency is aware of the unpaid Federal tax
liability.
(b) Subsection (a) shall not apply if the applicable Federal agency
has considered suspension or debarment of the corporation described in
such subsection and has made a determination that such suspension or
debarment is not necessary to protect the interests of the Federal
Government.
Sec. 8100. (a) Amounts appropriated under title IV of this Act, as
detailed in budget activity eight of the tables of ``Committee
Recommended Adjustments'' in the report accompanying this Act, may be
used for expenses for the agile research, development, test and
evaluation, procurement, production, modification, and operation and
maintenance, only for the following Software and Digital Technology
Pilot programs--
(1) Defensive CYBER (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
(4) Space Domain Awareness/Planning/Tasking SW (PE
1208248SF);
(5) Global Command and Control System (PE 0303150K);
(6) Acquisition Visibility (PE 0608648D8Z); and
(7) Advancing Analytics (PE 06XXXXXD8Z).
(b) None of the funds appropriated by this or prior Department of
Defense Appropriations Acts may be obligated or expended to initiate
additional Software and Digital Technology Pilot Programs in fiscal
year 2025.
Sec. 8101. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title 22,
Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
Law 109-148).
Sec. 8102. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $300,000,000, to remain available until
September 30, 2026, shall be for the Ukraine Security Assistance
Initiative: Provided, That such funds shall be available to the
Secretary of Defense, with the concurrence of the Secretary of State,
to provide assistance, including training; equipment; lethal
assistance; logistics support, supplies and services; salaries and
stipends; sustainment; and intelligence support to the military and
national security forces of Ukraine, and to other forces or groups
recognized by and under the authority of the Government of Ukraine,
including governmental entities within Ukraine, engaged in resisting
Russian aggression against Ukraine, for replacement of any weapons or
articles provided to the Government of Ukraine from the inventory of
the United States, and to recover or dispose of equipment procured
using funds made available in this section in this or prior Acts:
Provided further, That the Secretary of Defense shall, not less than 15
days prior to obligating funds made available in this section, notify
the congressional defense committees in writing of the details of any
such obligation: Provided further, That the Secretary of Defense
shall, not more than 60 days after such notification is made, inform
such committees if such funds have not been obligated and the reasons
therefor: Provided further, That the Secretary of Defense shall
consult with such committees in advance of the provision of support
provided to other forces or groups recognized by and under the
authority of the Government of Ukraine: Provided further, That the
United States may accept equipment procured using funds made available
in this section in this or prior Acts transferred to the security
forces of Ukraine and returned by such forces to the United States:
Provided further, That equipment procured using funds made available in
this section in this or prior Acts, and not yet transferred to the
military or national security forces of Ukraine or to other assisted
entities, or returned by such forces or other assisted entities to the
United States, may be treated as stocks of the Department of Defense
upon written notification to the congressional defense committees:
Provided further, That the Secretary of Defense may accept and retain
contributions, including money, personal property, and services, from
foreign governments and other entities, to carry out assistance
authorized for the Ukraine Security Assistance Initiative in this
section: Provided further, That the Secretary of Defense shall notify
the congressional defense committees in writing upon the receipt and
upon the obligation of any contribution, delineating the sources and
amounts of the funds received and the specific use of such
contributions: Provided further, That contributions of money for the
purposes provided herein from any foreign government or other entity
may be credited to this account, to remain available until September
30, 2026, and used for such purposes: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use and status of funds made
available in this section.
Sec. 8103. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That,
such contributions shall, upon receipt, be credited to the
appropriations or fund which incurred such obligations.
Sec. 8104. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $1,352,219,000, to remain available until
September 30, 2026, shall be available for International Security
Cooperation Programs and other programs to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
building partner capacity programs: Provided, That the Secretary of
Defense shall, not less than 15 days prior to obligating funds made
available in this section, notify the congressional defense committees
in writing of the details of any planned obligation: Provided further,
That the Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the
Senate on the use and status of funds made available in this section.
Sec. 8105. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $350,000,000, to remain available until
September 30, 2026, shall be available for support authorized by
subparagraphs (A) through (E) of section 1226(a)(1) of the National
Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note):
Provided, That the Secretary of Defense shall, not fewer than 15 days
prior to obligating funds provided under this section, notify the
congressional defense committees in writing of the details of any
planned obligation and the nature of the expenses incurred: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the Committees on Appropriations of the House of Representatives and
the Senate on the use and status of funds made available in this
section.
Sec. 8106. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
Sec. 8107. None of the funds made available by this Act for excess
defense articles, assistance under section 333 of title 10, United
States Code, or peacekeeping operations for the countries designated
annually to be in violation of the standards of the Child Soldiers
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be
used to support any military training or operation that includes child
soldiers, as defined by the Child Soldiers Prevention Act of 2008,
unless such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8108. None of the funds made available by this Act may be
made available for any member of the Taliban.
Sec. 8109. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by this
Act, for support to friendly foreign countries in connection with the
conduct of operations in which the United States is not participating,
pursuant to section 331(d) of title 10, United States Code, shall be
made in accordance with section 8005 of this Act.
Sec. 8110. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
(b), and not later than 90 days after the date on which such a waiver
is issued by the Secretary of Defense, the Inspector General shall
submit to the congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
(including transfer of funds)
Sec. 8111. In addition to amounts appropriated in title II or
otherwise made available elsewhere in this Act, $2,000,000,000 is
hereby appropriated to the Department of Defense and made available for
transfer to the operation and maintenance accounts of the Army, Navy,
Marine Corps, Air Force, and Space Force (including National Guard and
Reserve) for purposes of improving military readiness: Provided, That
the transfer authority provided under this section is in addition to
any other transfer authority provided elsewhere in this Act: Provided
further, That none of the funds provided under this section may be
obligated or expended until 30 days after the Secretary of Defense
provides the Committees on Appropriations of the House of
Representatives and the Senate a detailed execution plan for such
funds.
Sec. 8112. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $25,000,000, to remain available until
September 30, 2026, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military and stability operations to counter
the Islamic State of Iraq and Syria: Provided, That such reimbursement
payments may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in consultation with the
Director of the Office of Management and Budget, may determine, based
on documentation determined by the Secretary of Defense to adequately
account for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States, and 15
days following written notification to the appropriate congressional
committees: Provided further, That these funds may be used for the
purpose of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces supporting
United States military and stability operations to counter the Islamic
State of Iraq and Syria, and 15 days following written notification to
the appropriate congressional committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the Senate on the
use and status of funds made available in this section.
Sec. 8113. (a) Within 45 days of enactment of this Act, the
Secretary of Defense shall allocate amounts made available from the
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
America Defense Fund for fiscal year 2025 pursuant to the transfer
authority in section 102(b)(1) of the CHIPS Act of 2022 (division A of
Public Law 117-167), to the account specified, in the amounts
specified, and for the projects and activities specified, in the table
titled ``Department of Defense Allocation of Funds: CHIPS and Science
Act Fiscal Year 2025'' in the report accompanying this Act.
(b) Neither the President nor his designee may allocate any amounts
that are made available for any fiscal year under section 102(b)(2) of
the CHIPS Act of 2022 if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Department of Defense:
Provided, That in any fiscal year, the matter preceding this proviso
shall not apply to the allocation, apportionment, or allotment of
amounts for continuing administration of programs allocated using funds
transferred from the CHIPS for America Defense Fund, which may be
allocated pursuant to the transfer authority in section 102(b)(1) of
the CHIPS Act of 2022 only in amounts that are no more than the
allocation for such purposes in subsection (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated by
subsection (a) of this section, subject to the terms and conditions
contained in the provisos in section 8005 of this Act: Provided, That
amounts may be reallocated pursuant to this subsection only for those
requirements necessary to carry out section 9903(b) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
(d) Concurrent with the annual budget submission of the President
for fiscal year 2026, the Secretary of Defense shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate proposed allocations by account and by program, project, or
activity, with detailed justifications, for amounts made available
under section 102(b)(2) of the CHIPS Act of 2022 for fiscal year 2026.
(e) The Department of Defense shall provide the Committees on
Appropriations of the House of Representatives and Senate quarterly
reports on the status of balances of projects and activities funded by
the CHIPS for America Defense Fund for amounts allocated pursuant to
subsection (a) of this section, including all uncommitted, committed,
and unobligated funds.
Sec. 8114. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $47,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes
and for the same time period as the appropriations to which the funds
are transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8115. None of the funds made available by this Act may be
used to support any activity conducted by, or associated with, the
Wuhan Institute of Virology.
Sec. 8116. None of the funds made available by this Act may be
used to fund any work to be performed by EcoHealth Alliance, Inc. in
China on research supported by the government of China unless the
Secretary of Defense determines that a waiver to such prohibition is in
the national security interests of the United States and, not later
than 14 days after granting such a waiver, submits to the congressional
defense committees a detailed justification for the waiver, including--
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such
funds;
(4) an identification of the recipient or prospective
recipient of such funds (including any third-party entity
recipient, as applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines
appropriate.
Sec. 8117. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8118. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with section
1034 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1035 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8119. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 8120. None of the funds made available by this Act may be
used to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8121. In addition to amounts made available elsewhere in this
Act, $80,000,000 is hereby appropriated only for payments pursuant to
section 124 of the Continuing Appropriations Act, 2023 (division A of
Public Law 117-180), to remain available until September 30, 2027:
Provided, That during their period of availability, such amounts may be
charged for any proper expense pursuant to section 1553(b)(1) of title
31, United States Code, notwithstanding the limitation in section
1553(b)(2) of such title.
Sec. 8122. None of the funds appropriated or otherwise made
available by this or any other Act may be obligated to integrate an
alternative engine on any F-35 aircraft.
Sec. 8123. There is appropriated to the ``Department of Defense
Credit Program Account'' established pursuant to section 903(b)(5) of
the National Defense Authorization Act for Fiscal Year 2024 (Public Law
118-31), $24,600,000, to remain available until September 30, 2027, for
the cost of loans and loan guarantees pursuant to section 903(b) of
such Act for a pilot program on capital assistance to support defense
investment in the industrial base: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That such amounts are available to subsidize gross obligations for the
principal amount of direct loans, and total loan principal, any part of
which is to be guaranteed, not to exceed $492,000,000: Provided
further, That the use of direct loans or loan guarantee authority under
this section for direct loans or commitments to guarantee loans for any
project shall be in accordance with the criteria that are developed and
certified pursuant to the third and fourth provisos of section 8140 in
division A of the Further Consolidated Appropriations Act, 2024 (Public
Law 118-47): Provided further, That none of the direct loans or loan
guarantee authority made available under this section shall be
available for any project unless the Secretary of Defense (Secretary)
and the Director of the Office of Management and Budget, or their
respective designees, have each individually certified in advance in
writing to the Subcommittees on Defense of the Committees on
Appropriations of the House of Representatives and the Senate that the
direct loan or loan guarantee, as applicable, and the project comply
with the criteria referenced in the previous proviso: Provided
further, That the report required by the fourth proviso of section 8140
in division A of Public Law 118-47 shall include information on any
statutory improvements to section 149 of title 10, United States Code,
as added by section 903 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31), and section 903(b) of such Act,
that would further align such sections with the budgetary treatment and
recommendations referred to in the third proviso under such section
8140, including statutory improvements necessary to ensure that no
further reference to the criteria or the certifications will be
required in appropriations Acts in future fiscal years: Provided
further, That, for the purposes of carrying out the Congressional
Budget Act of 1974, the Director of the Congressional Budget Office may
request, and the Secretary shall promptly provide, documentation and
information relating to a project identified by the Department of
Defense pursuant to a Notice of Funding Availability for applications
for credit assistance under section 903(b) of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31), including
with respect to a project that was initiated or completed before the
date of enactment of this Act.
Sec. 8124. The Secretary of Defense may use up to $650,000,000 of
the amounts appropriated or otherwise made available in this Act to the
Department of Defense for the rapid acquisition and deployment of
supplies and associated support services pursuant to section 3601 of
title 10, United States Code, but only for the purposes specified in
clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B) of such
section and subject to the applicable limits specified in clauses (i),
(ii), and (iii) of such subsection and, in the case of clause (iv) of
such subsection, subject to a limit of $50,000,000, or for the purposes
specified in section 229 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31) and subject to a limit of
$100,000,000: Provided, That the Secretary of Defense shall notify the
congressional defense committees promptly of all uses of this
authority.
Sec. 8125. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $500,000,000, to remain available until
September 30, 2026, shall be for the Indo-Pacific Security Assistance
Initiative: Provided, That such funds shall be available to the
Secretary of Defense, with the concurrence of the Secretary of State,
to provide assistance, including new procurement of defense articles,
services, and military education and training to Taiwan: Provided
further, That equipment procured using funds made available in this
section, and not yet transferred to Taiwan, or returned by Taiwan to
the United States, may be treated as stocks of the Department of
Defense upon written notification to the congressional defense
committees: Provided further, That the Secretary of Defense shall, not
less than 15 days prior to obligating funds made available in this
section, notify the congressional defense committees in writing of the
details of any such obligation: Provided further, That the Secretary
of Defense shall provide quarterly reports to the congressional defense
committees on the use and status of funds made available in this
section.
Sec. 8126. Of the amounts appropriated or otherwise made available
by title II of this Act under the heading ``Operation and Maintenance,
Air Force'', the Secretary of Defense may reimburse the Federated
States of Micronesia in an amount not to exceed $34,000,000 for land
acquisition costs for defense sites in Yap.
Sec. 8127. The amounts appropriated in title II of this Act are
hereby reduced by $650,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $400,000,000;
and
(2) From ``Operation and Maintenance, Navy'', $250,000,000.
Sec. 8128. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $28,236,000.
Sec. 8129. The total amount appropriated or otherwise made
available in title II of this Act is hereby reduced by $50,000,000, to
limit expenses for the travel and transportation of persons.
(including transfer of funds)
Sec. 8130. For an additional amount for the Department of Defense,
$800,000,000, to remain available until September 30, 2025, for
transfer to military personnel accounts, operation and maintenance
accounts, procurement accounts, research, development, test and
evaluation accounts, and the Defense Working Capital Funds, in addition
to amounts otherwise made available for such purpose, only for U.S.
operations, force protection, deterrence, and the replacement of combat
expenditures in the United States Central Command area of operations:
Provided, That none of the funds provided under this section may be
obligated or expended until 30 days after the Secretary of Defense
provides to the congressional defense committees an execution plan:
Provided further, That not less than 15 days prior to any transfer of
funds, the Secretary of Defense shall notify the congressional defense
committees of the details of any such transfer: Provided further, That
upon transfer, the funds shall be merged with and available for the
same purposes, and for the same time period, as the appropriation to
which transferred: Provided further, That any transfer authority
provided herein is in addition to any other transfer authority provided
by law: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
(including transfer of funds)
Sec. 8131. For an additional amount for the Department of Defense,
$250,000,000, to remain available until September 30, 2025, for
transfer to military personnel accounts, operation and maintenance
accounts, procurement accounts, research, development, test and
evaluation accounts, and the Defense Working Capital Funds, in addition
to amounts otherwise made available for such purpose, only for global
U.S. counter-terrorism activities and force protection requirements, to
include in the United States European Command area of operations:
Provided, That none of the funds provided under this section may be
obligated or expended until 30 days after the Secretary of Defense
provides to the congressional defense committees an execution plan:
Provided further, That not less than 15 days prior to any transfer of
funds, the Secretary of Defense shall notify the congressional defense
committees of the details of any such transfer: Provided further, That
upon transfer, the funds shall be merged with and available for the
same purposes, and for the same time period, as the appropriation to
which transferred: Provided further, That any transfer authority
provided herein is in addition to any other transfer authority provided
by law: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
(including transfer of funds)
Sec. 8132. For an additional amount for the Department of Defense,
$500,000,000, to remain available until September 30, 2025, for
transfer to the operation and maintenance accounts and research,
development, test and evaluation accounts of the Army, Navy, Marine
Corps, Air Force, Space Force, and Office of the Secretary of Defense,
for purposes of improving tactical artificial intelligence at the
Combatant Commands: Provided, That none of the funds provided under
this section may be obligated or expended until 30 days after the
Secretary of Defense provides to the congressional defense committees
an execution plan: Provided further, That not less than 15 days prior
to any transfer of funds, the Secretary of Defense shall notify the
congressional defense committees of the details of any such transfer:
Provided further, That upon transfer, the funds shall be merged with
and available for the same purposes, and for the same time period, as
the appropriation to which transferred: Provided further, That any
transfer authority provided herein is in addition to any other transfer
authority provided by law: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 8133. Notwithstanding any other provision of this Act, to
reflect higher than anticipated fuel costs, the total amount
appropriated in title II of this Act is hereby increased by
$1,172,057,000: Provided, That the amounts made available under this
section are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 8134. Each amount designated in this Act by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available (or repurposed, rescinded, or transferred, if applicable)
only if the President subsequently so designates all such amounts and
transmits such designations to the Congress.
This Act may be cited as the ``Department of Defense Appropriations
Act, 2025''.
Calendar No. 450
118th CONGRESS
2d Session
S. 4921
[Report No. 118-204]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2025, and for other purposes.
_______________________________________________________________________
August 1, 2024
Read twice and placed on the calendar