S. 2572

119th CONGRESS 1st Session

Making appropriations for the Department of Defense for the fiscal year ending September 30, 2026, and for other purposes.

IN THE SENATE OF THE UNITED STATES · July 31, 2025 · Sponsor: Mr. McConnell · Committee: Committee on Appropriations

Table of contents

• S. 2572
  • SEC. undesignated-section.
  • TITLE I—MILITARY PERSONNEL
  • TITLE II
  • TITLE III
  • TITLE IV
  • TITLE V
  • TITLE VI
  • TITLE VII
  • TITLE VIII
  • Sec. 8001.
  • Sec. 8002.
  • Sec. 8003.
  • Sec. 8004.
  • Sec. 8005.
  • Sec. 8006.
  • Sec. 8007.
  • Sec. 8008.
  • Sec. 8009.
  • Sec. 8010.
  • Sec. 8011.
  • Sec. 8012.
  • Sec. 8013.
  • Sec. 8014.
  • Sec. 8015.
  • Sec. 8016.
  • Sec. 8017.
  • Sec. 8018.
  • Sec. 8019.
  • Sec. 8020.
  • Sec. 8021.
  • Sec. 8022.
  • Sec. 8023.
  • Sec. 8024.
  • Sec. 8025.
  • Sec. 8026.
  • Sec. 8027.
  • Sec. 8028.
  • Sec. 8029.
  • Sec. 8030.
  • Sec. 8031.
  • Sec. 8032.
  • Sec. 8033.
  • Sec. 8034.
  • Sec. 8035.
  • Sec. 8036.
  • Sec. 8037.
  • Sec. 8038.
  • Sec. 8039.
  • Sec. 8040.
  • Sec. 8041.
  • Sec. 8042.
  • Sec. 8043.
  • Sec. 8044.
  • Sec. 8045.
  • Sec. 8046.
  • Sec. 8047.
  • Sec. 8048.
  • Sec. 8049.
  • Sec. 8050.
  • Sec. 8051.
  • Sec. 8052.
  • Sec. 8053.
  • Sec. 8054.
  • Sec. 8055.
  • Sec. 8056.
  • Sec. 8057.
  • Sec. 8058.
  • Sec. 8059.
  • Sec. 8060.
  • Sec. 8061.
  • Sec. 8062.
  • Sec. 8063.
  • Sec. 8064.
  • Sec. 8065.
  • Sec. 8066.
  • Sec. 8067.
  • Sec. 8068.
  • Sec. 8069.
  • Sec. 8070.
  • Sec. 8071.
  • Sec. 8072.
  • Sec. 8073.
  • Sec. 8074.
  • Sec. 8075.
  • Sec. 8076.
  • Sec. 8077.
  • Sec. 8078.
  • Sec. 8079.
  • Sec. 8080.
  • Sec. 8081.
  • Sec. 8082.
  • Sec. 8083.
  • Sec. 8084.
  • Sec. 8085.
  • Sec. 8086.
  • Sec. 8087.
  • Sec. 8088.
  • Sec. 8089.
  • Sec. 8090.
  • Sec. 8091.
  • Sec. 8092.
  • Sec. 8093.
  • Sec. 8094.
  • Sec. 8095.
  • Sec. 8096.
  • Sec. 8097.
  • Sec. 8098.
  • Sec. 8099.
  • Sec. 8100.
  • Sec. 8101.
  • Sec. 8102.
  • Sec. 8103.
  • Sec. 8104.
  • Sec. 8105.
  • Sec. 8106.
  • Sec. 8107.
  • Sec. 8108.
  • Sec. 8109.
  • Sec. 8110.
  • Sec. 8111.
  • Sec. 8112.
  • Sec. 8113.
  • Sec. 8114.
  • Sec. 8115.
  • Sec. 8116.
  • Sec. 8117.
  • Sec. 8118.
  • Sec. 8119.
  • Sec. 8120.
  • Sec. 8121.
  • Sec. 8122.
  • Sec. 8123.
  • Sec. 8124.

SEC. undesignated-section.

• 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, 2026, and for other purposes, namely:

TITLE I—MILITARY PERSONNEL

TITLE II

TITLE III

TITLE IV

TITLE V

TITLE VI

TITLE VII

TITLE VIII

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: 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: 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: 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: 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.

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: 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: 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: 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: That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2026: 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.

• 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 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. Committee Recommended Adjustments
• 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: , 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): , 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.
• 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.

• 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 2026: That the report shall include—
  • 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;
  • a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the Budget Appendix; and
  • an identification of items of special congressional interest.
• 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:, That this subsection shall not apply to transfers from the following appropriations accounts:
  • ; Environmental Restoration, Army
  • ; Environmental Restoration, Navy
  • ; Environmental Restoration, Air Force
  • ; Environmental Restoration, Defense-Wide
  • ; and Environmental Restoration, Formerly Used Defense Sites
  • . Drug Interdiction and Counter-Drug Activities, Defense

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: That transfers may be made between such funds: That transfers may be made between working capital funds and the appropriation and the 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: 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. Foreign Currency Fluctuations, Defense Operation and Maintenance

Sec. 8009.

• Funds appropriated by this Act may not be used to initiate, or materially modify the scope of, 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: 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: 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: That no multiyear procurement contract can be terminated without 30-day prior notification to the congressional defense committees: That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: 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—
  • 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;
  • 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;
  • the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and
  • the contract does not provide for a price adjustment based on a failure to award a follow-on contract.

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 of title 10, United States Code: 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: 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 : 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. chapter 20; Public Law 99–239

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 may be used, directly or indirectly, to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor or oppose any legislation or appropriation pending before the Congress, in violation of section 1913 of title 18, United States Code: That this restriction shall not prevent officers or employees of the Department of Defense from communicating with Members of Congress or congressional staff in the course of their official duties in response to a request for information, testimony, or other communication, consistent with applicable laws and regulations.

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.

Sec. 8015.

• Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protégé Program may be transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protégé 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.
• The Secretary of Defense shall include with the budget justification documents in support of the budget for fiscal year 2027 (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: That for the purpose of this section, the term shall include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process): 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: 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. manufactured

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: 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: 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: 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: 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 , $24,613,000 shall be available only for incentive payments authorized by section 504 of the Indian Financing Act of 1974 (): 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 () 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: 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. Procurement, Defense-Wide 25 U.S.C. 1544; 25 U.S.C. 1544

Sec. 8021.

• 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.
• 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.
• 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).
• 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 (; 108 Stat. 4792; ). Public Law 103–454; 25 U.S.C. 5131

Sec. 8022.

• Of the funds appropriated to the Department of Defense under the heading , 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. Operation and Maintenance, Defense-Wide

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 , $120,000,000 shall be available to maintain competitive rates at the arsenals. Working Capital Fund, Army

Sec. 8025.

• Of the funds made available in this Act, not less than $42,300,000 shall be available for the Civil Air Patrol Corporation, of which—
  • $25,506,000 shall be available from to support Civil Air Patrol Corporation operation and maintenance, readiness, counter-drug activities, and drug demand reduction activities involving youth programs; Operation and Maintenance, Air Force
  • $14,669,000 shall be available from ; and Aircraft Procurement, Air Force
  • $2,125,000 shall be available from for vehicle procurement. Other Procurement, Air Force
• 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.

• 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.
• 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: , 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: , 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.
• 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.
• Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2026, not more than $2,886,300,000 may be funded for professional technical staff-related costs of the defense FFRDCs: , That within such funds, not more than $461,300,000 shall be available for the defense studies and analysis FFRDCs: , That this subsection shall not apply to staff years funded in the National Intelligence Program and the Military Intelligence Program: , That the Secretary of Defense shall, with the submission of the department’s fiscal year 2027 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: 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: That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section.

Sec. 8030.

• 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 of title 41, United States Code. chapter 83
• If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a 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. Made in America
• 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: 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: 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: 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)
  • 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.
  • 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.
  • 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 2026. 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 (), or any international agreement to which the United States is a party. 19 U.S.C. 2501 et seq.
  • For purposes of this section, the term Buy American Act means of title 41, United States Code. chapter 83

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: 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: That this restriction shall not apply to the purchase of , 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. commercial products

Sec. 8034.

• Of the amounts appropriated in this Act under the heading , for the Defense Security Cooperation Agency, $50,000,000, to remain available until September 30, 2027, shall be available to the Secretary of Defense, in coordination with the Secretary of State, to provide assistance to the Lebanese Armed Forces, including training, equipment, logistics support, supplies and services, stipends, infrastructure repair and renovation, and sustainment: That the Secretary of Defense shall ensure that the Lebanese Armed Forces are vetted prior to providing assistance, including at a minimum, assessing for associations with terrorist groups and receiving a commitment to promote respect for human rights and the rule of law: That the Secretary of Defense shall, not fewer than 15 days prior to obligating the funds provided in this section, notify the congressional defense committees in writing of the details of any such obligation: 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: That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided in this section, including, but not limited to, the number of individuals trained within the Lebanese Armed Forces, the nature and scope of support and sustainment provided to the Lebanese Armed Forces, the area of operations for the Lebanese Armed Forces, and the contributions of other countries, groups, or individuals. Operation and Maintenance, Defense-Wide

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.

• 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.
• Subsection (a) applies with respect to—
  • contracts and subcontracts entered into on or after the date of the enactment of this Act; and
  • 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).
• 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: 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 $16,809,000 of the funds appropriated under the heading 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: That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses: 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. Operation and Maintenance, Navy

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: 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.

• 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.
• The fiscal year 2027 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2027 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 2027 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, 2027: 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: 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 () shall remain available until September 30, 2027: 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, 2028. 50 U.S.C. 3093

Sec. 8044.

• 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—
  • 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;
  • 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—
    • 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; or
    • $10,000,000; and
  • the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by—
    • 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
    • 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 of title 5, United States Code. chapter 89
• (b)
  • 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—
    • 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);
    • 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
    • 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 (), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act (). 25 U.S.C. 450b(e); 15 U.S.C. 637(a)(15)
  • 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.
  • 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.

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: 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:
  • , 2024/2026, $33,936,000; Cooperative Threat Reduction Account
  • , 2024/2026, $15,000,000; Other Procurement, Army
  • , 2024/2026, $2,943,000; Weapons Procurement, Navy
  • , 2024/2026, $35,397,000; Aircraft Procurement, Air Force
  • , 2024/2026, $41,189,000; Missile Procurement, Air Force
  • , 2024/2026, $63,900,000; Procurement, Space Force
  • , 2024/2026, $10,473,000; Defense Health Program
  • , 2025/2026, $5,000,000; Counter-Islamic State of Iraq and Syria Train and Equip Fund
  • , 2025/2027, $577,786,000; Procurement of Weapons and Tracked Combat Vehicles, Army
  • , 2025/2027, $71,732,000; Missile Procurement, Army
  • , 2025/2027, $320,213,000; Other Procurement, Army
  • , 2025/2027, $229,251,000; Aircraft Procurement, Navy
  • , 2025/2027, $200,272,000; Weapons Procurement, Navy
  • , 2025/2027, $259,688,000; Aircraft Procurement, Air Force
  • , 2025/2027, $152,646,000; Missile Procurement, Air Force
  • , 2025/2027, $74,091,000; Other Procurement, Air Force
  • , 2025/2027, $63,500,000; Procurement, Space Force
  • , 2025/2027, $11,807,000; Procurement, Defense-Wide
  • , 2025/2026, $211,735,000; Research, Development, Test and Evaluation, Army
  • , 2025/2026, $88,461,000; Research, Development, Test and Evaluation, Navy
  • , 2025/2026, $276,608,000; Research, Development, Test and Evaluation, Air Force
  • , 2025/2026, $374,193,000; and Research, Development, Test and Evaluation, Space Force
  • , 2025/2026, $37,481,000. Research, Development, Test and Evaluation, Defense-Wide

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: 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.

• 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.
• 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: 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—
  • such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and
  • such bonus is part of restructuring costs associated with a business combination.

Sec. 8052.

• During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading 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. Operation and Maintenance, Defense-Wide

Sec. 8053.

• 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.
• 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.

• 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.
• 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.
• 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.

• 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: 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.
• 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 2027 pursuant to section 1105 of title 31, United States Code: , That this restriction does not apply to programs funded within the National Intelligence Program.
• The Secretary of Defense shall, at the time of the submittal to Congress of the budget of the President for fiscal year 2027 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:, 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:, That the Secretary of Defense shall, at the time of the submittal to Congress of the budget of the President for fiscal year 2027 pursuant to section 1105 of title 31, United States Code, submit to the congressional defense committees a certification that funds requested for fiscal year 2027 in research, development, test and evaluation accounts are in compliance with this section:, 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 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: 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. Research, Development, Test and Evaluation, Defense-Wide

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 , , , , , except 9mm, or , 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. armor penetrator armor piercing (AP) armor piercing incendiary (API) armor-piercing incendiary tracer (API–T) general purpose (GP) special purpose (SP) enhanced performance round (EPR)

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.

Sec. 8062.

• Of the amounts appropriated in this Act under the heading , $218,015,597 shall remain available until expended: That, notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such funds to other activities of the Federal Government: 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: That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be necessary: 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. Operation and Maintenance, Army

Sec. 8063.

• None of the funds appropriated in this or any other Act may be used to take any action to modify—
  • the appropriations account structure for the National Intelligence Program budget, including through the creation of a new appropriation or new appropriation account;
  • 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;
  • the process by which the National Intelligence Program appropriations are apportioned to the executing agencies; or
  • the process by which the National Intelligence Program appropriations are allotted, obligated and disbursed.
• 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).
• 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.
• Upon development of the detailed proposals defined under subsection (c), the Director of National Intelligence and the Secretary of Defense shall—
  • provide the proposed alternatives to all affected agencies;
  • 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
  • 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.

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: That of the $400,000,000, $200,000,000 shall be provided to the Commander, United States Africa Command and $200,000,000 shall be provided to the Commander, United States Southern Command: 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: 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: 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: That the transfer authority provided under this section is in addition to any other transfer authority provided elsewhere in this Act.

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 , , and 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. Operation and Maintenance, Army Operation and Maintenance, Navy Operation and Maintenance, Air Force

Sec. 8066.

• Of the amounts appropriated for , 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 (). Operation and Maintenance, Navy 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: 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: 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: 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 and , $500,000,000 shall be for the Israeli Cooperative Programs: That of this amount, $60,000,000 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; $100,000,000 shall be for an upper-tier component to the Israeli Missile Defense Architecture, of which $100,000,000 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. Procurement, Defense-Wide Research, Development, Test and Evaluation, Defense-Wide

Sec. 8070.

• Of the amounts appropriated in this Act under the heading , $1,676,587,000 shall be available until September 30, 2026, to fund prior year shipbuilding cost increases for the following programs: Shipbuilding and Conversion, Navy
  • Under the heading , 2013/2026: Carrier Replacement Program, $150,000,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2016/2026: Virginia Class Submarine Program, $121,538,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2016/2026: DDG 51 Program, $14,892,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2017/2026: Virginia Class Submarine Program, $99,116,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2017/2026: DDG 51 Program, $62,365,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2017/2026: LHA Replacement Program, $93,603,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2018/2026: Virginia Class Submarine Program, $289,761,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2018/2026: DDG 51 Program, $104,238,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2018/2026: LPD Flight II Program, $93,442,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2018/2026: Oceanographic Ships Program, $6,015,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2019/2026: Littoral Combat Ship Program, $5,766,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2019/2026: T–AO Fleet Oiler Program, $15,400,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2019/2026: Ship to Shore Connector Program, $15,480,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2020/2026: CVN Refueling Overhauls, $483,100,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2020/2026: T–AO Fleet Oiler Program, $48,260,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2022/2026: T–AO Fleet Oiler Program, $19,650,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2022/2026: Expeditionary Sea Base Program, $30,000,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2022/2026: Expeditionary Fast Transport Program, $11,231,000; Shipbuilding and Conversion, Navy
  • Under the heading , 2023/2026: T–AO Fleet Oiler Program, $6,530,000; and Shipbuilding and Conversion, Navy
  • Under the heading , 2024/2026: T–AO Fleet Oiler Program, $6,200,000. Shipbuilding and Conversion, Navy

Sec. 8071.

• Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities and intelligence-related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 () during fiscal year 2026 until the enactment of the Intelligence Authorization Act for Fiscal Year 2026. 50 U.S.C. 3094

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.

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: That the Secretary may transfer not to exceed $40,000,000 under the authority provided by this section: 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: , That any funds transferred pursuant to this section shall retain the same period of availability as when originally appropriated: , That the transfer authority provided under this section is in addition to any other transfer authority contained elsewhere in this Act: , That the transfer authority provided by this section expires on September 30, 2030.

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: 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: 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, 2027.

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 shall be considered to be for the same purpose as any subdivision under the heading appropriations in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation. Shipbuilding and Conversion, Navy

Sec. 8079.

• 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 2026: That the report shall include—
  • 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;
  • a delineation in the table for each appropriation by Expenditure Center and project; and
  • an identification of items of special congressional interest.
• 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.

• 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 () that— 50 U.S.C. 3024(d)
  • creates a new start effort;
  • terminates a program with appropriated funding of $10,000,000 or more;
  • transfers funding into or out of the National Intelligence Program; or
  • 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.
• 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 () 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. 50 U.S.C. 3024(d)

Sec. 8081.

• 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.
• Subsection (a) shall not apply to a report if—
  • the public posting of the report compromises national security; or
  • the report contains proprietary information.
• 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. 8082.

• 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—
  • 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
  • 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.
• 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 is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a).
• 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.
• 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.

Sec. 8083.

• From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $165,000,000, 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, : 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 : 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. Public Law 111–84; Public Law 110–417

Sec. 8084.

• 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.

Sec. 8085.

• 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: 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: That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2026.

Sec. 8086.

• Of the amounts appropriated in this Act for , $335,000,000, to remain available for obligation until September 30, 2030, may be used for the purchase of three used sealift vessels for the National Defense Reserve Fleet, established under section 11 of the Merchant Ship Sales Act of 1946 (): 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: 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. Shipbuilding and Conversion, Navy 46 U.S.C. 57100

Sec. 8087.

• The Secretary of Defense shall post grant awards on a public website in a searchable format.

Sec. 8088.

• None of the funds made available by this Act may be used by the National Security Agency to—
  • 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
  • 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. 8089.

• 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: 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. 8090.

• Of the amounts appropriated in this Act for , $785,052,000, 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 (): 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. Operation and Maintenance, Navy 46 U.S.C. 57100

Sec. 8091.

• 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.
• 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:, 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. 8092.

• 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. 8093.

• 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. 8094.

• 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.
• 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. 8095.

• 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. 8096.

• 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.
• 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. 8097.

• Amounts appropriated under title IV of this Act, as detailed in budget activity eight of the tables of 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— Committee Recommended Adjustments
  • Defensive CYBER - Software Prototype Development (PE 0608041A);
  • Risk Management Information (PE 0608013N);
  • Maritime Tactical Command and Control (PE 0608231N);
  • Space Domain Awareness/Planning/Tasking SW (PE 1208248SF);
  • Global Command and Control System (PE 0303150K);
  • Acquisition Visibility (PE 0608648D8Z); and
  • Enterprise Platforms and Capabilities—Software Pilot Program (PE 0608140D8Z).
• 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 2026.

Sec. 8098.

• 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):
  • Section 2340A of title 18, United States Code.
  • Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of ; 112 Stat. 2681–822; 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. Public Law 105–277; 8 U.S.C. 1231
  • 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. 8099.

• Of the amounts appropriated in this Act under the heading , for the Defense Security Cooperation Agency, $800,000,000, to remain available until September 30, 2027, shall be for the Ukraine Security Assistance Initiative: 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: 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: 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: 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: 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: 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: 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: , 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: , 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, 2027, and used for such purposes: , 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. Operation and Maintenance, Defense-Wide

Sec. 8100.

• 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: That, such contributions shall, upon receipt, be credited to the appropriations or fund which incurred such obligations.

Sec. 8101.

• Of the amounts appropriated in this Act under the heading , for the Defense Security Cooperation Agency, $1,298,808,000, to remain available until September 30, 2027, 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: 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: 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. Operation and Maintenance, Defense-Wide

Sec. 8102.

• Of the amounts appropriated in this Act under the heading , for the Defense Security Cooperation Agency, $192,298,000, to remain available until September 30, 2027, shall be available for support authorized by subparagraphs (A) through (E), (G) through (I) of section 1207 of the National Defense Authorization Act for Fiscal Year 2024 ( note): 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: 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. Operation and Maintenance, Defense-Wide 22 U.S.C. 2151

Sec. 8103.

• 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. 8104.

• 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 (; ) 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. Public Law 110–457; 22 U.S.C. 2370c–1

Sec. 8105.

• None of the funds made available by this Act may be made available for any member of the Taliban.

Sec. 8106.

• 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. 8107.

• 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.
• 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—
  • 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;
  • the armed forces of the Russian Federation have withdrawn from Ukraine; and
  • agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine.
• 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.

Sec. 8108.

• In addition to amounts appropriated in title II or otherwise made available elsewhere in this Act, $1,925,311,000 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: That the transfer authority provided under this section is in addition to any other transfer authority provided elsewhere in this Act: , 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. 8109.

• 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 2026 pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act of 2022 (division A of ), to the account specified, in the amounts specified, and for the projects and activities specified, in the table titled in the report accompanying this Act. Department of Defense Allocation of Funds: CHIPS and Science Act Fiscal Year 2026 Public Law 117–167
• 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: 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.
• 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: 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
• Concurrent with the annual budget submission of the President for fiscal year 2027, 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 2027.
• 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. 8110.

• Of the funds appropriated in this Act under the heading , $47,000,000 shall be for continued implementation and expansion of the Sexual Assault Special Victims’ Counsel Program: 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: 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: That this transfer authority is in addition to any other transfer authority provided in this Act. Operation and Maintenance, Defense-Wide

Sec. 8111.

• 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. 8112.

• 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—
  • an identification of the Department of Defense entity obligating or expending the funds;
  • an identification of the amount of such funds;
  • an identification of the intended purpose of such funds;
  • an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable);
  • an explanation for how the waiver is in the national security interests of the United States; and
  • any other information the Secretary determines appropriate.

Sec. 8113.

• 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—
  • is not a United States citizen or a member of the Armed Forces of the United States; and
  • is or was held on or after June 24, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

Sec. 8114.

• 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 () and section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (). Public Law 114–92; Public Law 115–232

Sec. 8115.

• 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.
• The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
• 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—
  • is not a citizen of the United States or a member of the Armed Forces of the United States; and
  • is—
    • in the custody or under the effective control of the Department of Defense; or
    • otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 8116.

• 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. 8117.

• 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. 8118.

• 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 () and subject to a limit of $100,000,000: That the Secretary of Defense shall notify the congressional defense committees promptly of all uses of this authority. Public Law 118–31

Sec. 8119.

• Of the amounts appropriated in this Act under the heading , for the Defense Security Cooperation Agency, $1,500,000,000, to remain available until September 30, 2027, shall be for the Indo-Pacific Security Assistance Initiative: 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: 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: 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: 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. Operation and Maintenance, Defense-Wide

Sec. 8120.

• Of the amounts appropriated or otherwise made available by title II of this Act under the heading , 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. Operation and Maintenance, Air Force

Sec. 8121.

• The amounts appropriated in title II of this Act are hereby reduced by $850,000,000 to reflect excess cash balances in Department of Defense Working Capital Funds, as follows:
  • From , $350,000,000; and Operation and Maintenance, Army
  • From , $500,000,000. Operation and Maintenance, Air Force

Sec. 8122.

• Notwithstanding any other provision of this Act, to reflect lower than anticipated fuel costs, the total amount appropriated in title II of this Act is hereby reduced by $250,000,000.

Sec. 8123.

• In making Federal financial assistance, the Department of Defense shall continue to apply the negotiated indirect cost rates for Institutions of Higher Education in section 200.414 of title 2, Code of Federal Regulations, including with respect to the approval of deviations from negotiated indirect cost rates, to the same extent and in the same manner as such negotiated indirect cost rates were applied in fiscal year 2024: That none of the funds appropriated in this or prior Department of Defense Appropriations Acts, or otherwise made available to the Department of Defense may be used to develop, modify, or implement changes to such fiscal year 2024 negotiated indirect cost rates.

Sec. 8124.

• Of the amounts appropriated in this Act under the heading , $150,000,000, to remain available until September 30, 2027, may be used for replacement of defense articles and for reimbursement of defense services provided to or identified for provision to Taiwan: That such funds may be transferred to appropriations made available under titles II, III, IV, and V of this Act for replacement, through new procurement or repair of existing unserviceable equipment, of defense articles from the stocks of the Department of Defense, and for reimbursement for defense services of the Department of Defense and military education and training, provided to the government of Taiwan or to foreign countries that have provided support to Taiwan at the request of the United States: That funds transferred pursuant to this section 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: That the Secretary of Defense shall notify the congressional defense committees of the details of such transfers not less than 15 days before any such transfer: 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 and merged with this appropriation: That the transfer authority provided in this section is in addition to any other transfer authority provided in this Act. Operation and Maintenance, Defense-Wide