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Consolidated Appropriations Act, 2026
Introduced Jan 20, 2026 · Last action Feb 3, 2026 — Became Public Law No: 119-75.
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Summary
This legislation is called the Consolidated Appropriations Act, 2026. It has been signed into law.
Full bill text
[119th Congress Public Law 75]
[From the U.S. Government Publishing Office]
[[Page 140 STAT. 173]]
*Public Law 119-75
119th Congress
An Act
Making further consolidated appropriations for the fiscal year ending
September 30, 2026, and for other purposes. <<NOTE: Feb. 3,
2026 - [H.R. 7148]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2026.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2026''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Payment to Widows and Heirs of Deceased Members of Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2026
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION D--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2026
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2026
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
__________
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* Editorial note: This law contains text pages that are shorter than
other pages, which reflects the printed page in the signed law.
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[[Page 140 STAT. 174]]
Title VIII--General Provisions--District of Columbia
DIVISION F--NATIONAL SECURITY, DEPARTMENT OF STATE, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2026
Title I--Department of State and Related Programs
Title II--Administration of Assistance
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION G--OTHER MATTERS
DIVISION H--FURTHER CONTINUING APPROPRIATIONS ACT, 2026
DIVISION I--AUTHORIZING EXTENDERS AND TECHNICAL CORRECTIONS
DIVISION J--HEALTH CARE EXTENDERS
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about January 21, 2026, and
submitted by the chair of the Committee on Appropriations of the House,
shall have the same effect with respect to the allocation of funds and
implementation of divisions A through D of this Act as if it were a
joint explanatory statement of a committee of conference.
The explanatory statement regarding division A of H.R. 7006 of the
119th Congress, the explanatory statement regarding division B of H.R.
7006 of the 119th Congress, and the explanatory statement regarding
division C of H.R. 7006 of the 119th Congress, printed in the House
section of the Congressional Record on January 14, 2026, and submitted
by the chair of the Committee on Appropriations of the House, shall each
have the same effect with respect to the allocation of funds and
implementation of divisions E, F, and G, respectively, of this Act as if
they were each a joint explanatory statement of a committee of
conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2026.
SEC. 6. <<NOTE: Jill Marie LaMalfa.>> PAYMENT TO WIDOWS AND HEIRS
OF DECEASED MEMBERS OF CONGRESS.
For payment to Jill Marie LaMalfa, widow of Douglas L. LaMalfa, late
a Representative from the State of California, $174,000.
[[Page 140 STAT. 175]]
DIVISION A <<NOTE: Department of Defense Appropriations Act, 2026.>> --
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2026
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $54,538,366,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $40,544,559,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $16,990,389,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $38,768,392,000.
[[Page 140 STAT. 176]]
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Space Force on duty as described in section 20108 of title 10,
United States Code and cadets; for members of the Reserve Officers'
Training Corps; for expenses authorized by section 16131 of title 10,
United States Code; and for payments pursuant to section 156 of Public
Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $1,494,342,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 7038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $5,733,696,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,712,359,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,002,925,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on
[[Page 140 STAT. 177]]
active duty under sections 10211, 10305, and 9038 of title 10, United
States Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or while
undergoing reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,701,115,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$10,476,992,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$5,467,187,000.
[[Page 140 STAT. 178]]
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$58,249,178,000: Provided, That not to exceed $12,478,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Army, and payments may be
made upon the Secretary's certificate of necessity for confidential
military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $74,723,177,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary expenses, to
be expended upon the approval or authority of the Secretary of the Navy,
and payments may be made upon the Secretary's certificate of necessity
for confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$10,983,917,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$61,542,591,000: Provided, That not to exceed $8,238,000 may be used for
emergencies and extraordinary expenses, to be expended upon the approval
or authority of the Secretary of the Air Force, and payments may be made
upon the Secretary's certificate of necessity for confidential military
purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by law,
$5,687,748,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$56,089,818,000: Provided, That not more than $2,981,000 may be used for
the Combatant Commander Initiative Fund authorized under section 166a of
title 10, United States Code: Provided further, That not to exceed
$36,000,000 may be used for emergencies and extraordinary expenses, to
be expended upon the approval or authority of the Secretary of Defense,
and
[[Page 140 STAT. 179]]
payments may be made upon the Secretary's certificate of necessity for
confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $60,000,000 shall be made
available for the APEX Accelerators, of which not less than $5,000,000
shall be available for centers with eligible entities defined in 10
U.S.C. 4951(1)(D): Provided further, That none of the funds appropriated
or otherwise made available by this Act may be used to plan or implement
the consolidation or elimination of a budget or appropriations liaison
office of the Office of the Secretary of Defense, the office of the
Secretary of a military department, or the service headquarters of one
of the Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That of the funds provided under this heading,
not less than $86,500,000 shall be made available to the Defense
Information Systems Agency for Defense Agencies and Field Activities
network optimization and transition costs: Provided further, That of the
funds provided under this heading, $3,121,000, to remain available until
September 30, 2027, shall be available only for expenses relating to
certain classified activities: Provided further, That of the funds
provided under this heading, $27,693,000, to remain available until
expended, shall be available only for expenses relating to certain
classified activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with operation
and maintenance funds shall not apply to the funds described in the
preceding proviso: Provided further, That of the funds provided under
this heading, $3,673,457,000, of which $1,499,808,000, to remain
available until September 30, 2027, shall be available to provide
support and assistance to foreign security forces or other groups or
individuals to conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation programs:
Provided further, <<NOTE: Time period. Reports.>> 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 paragraph: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $342,516,000, to remain available until September 30, 2027:
Provided, That such funds shall be available to the Secretary of Defense
in coordination with the Secretary of State, to provide assistance,
including training; equipment; logistics support, supplies, and
services; stipends; infrastructure repair and renovation; construction
for facility fortification and humane treatment; and sustainment, to
foreign security forces, irregular forces, groups, or individuals
participating, or preparing to participate in activities to counter the
Islamic State of Iraq and Syria, and their affiliated or associated
groups: Provided further, <<NOTE: Security mission. Notification.>> That
amounts made available under this heading shall be available to provide
assistance only for activities in a country designated by the Secretary
of
[[Page 140 STAT. 180]]
Defense, in coordination with the Secretary of State, as having a
security mission to counter the Islamic State of Iraq and Syria, and
following written notification to the congressional defense committees
of such designation: Provided further, <<NOTE: Assessment. Iran.>> That
the Secretary of Defense shall ensure that prior to providing assistance
to elements of any forces or individuals, such elements or individuals
are appropriately vetted, including at a minimum, assessing such
elements for associations with terrorist groups or groups associated
with the Government of Iran; and receiving commitments from such
elements to promote respect for human rights and the rule of law:
Provided further, <<NOTE: Time period. Notification.>> That the
Secretary of Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, <<NOTE: Iraq.>> That the Secretary of Defense may accept and
retain contributions, including assistance in-kind, from foreign
governments, including the Government of Iraq and other entities, to
carry out assistance authorized under this heading: Provided further,
That contributions of funds for the purposes provided herein from any
foreign government or other entity may be credited to this Fund, to
remain available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall prioritize such
contributions when providing any assistance for construction for
facility fortification: Provided further, <<NOTE: Waiver
authority. Determination. Notice.>> That the Secretary of Defense may
waive a provision of law relating to the acquisition of items and
support services or sections 40 and 40A of the Arms Export Control Act
(22 U.S.C. 2780 and 2785) if the Secretary determines that such
provision of law would prohibit, restrict, delay or otherwise limit the
provision of such assistance and a notice of and justification for such
waiver is submitted to the congressional defense committees, the
Committees on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives: Provided further, That <<NOTE: Notification.>> the
United States may accept equipment procured using funds provided under
this heading, or under the heading, ``Iraq Train and Equip Fund'' in
prior Acts, that was transferred to security forces, irregular forces,
or groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria and returned by such forces
or groups to the United States, and such equipment may be treated as
stocks of the Department of Defense upon written notification to the
congressional defense committees: Provided
further, <<NOTE: Determination. Notification.>> That equipment procured
using funds provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, and not yet transferred to
security forces, irregular forces, or groups participating, or preparing
to participate in activities to counter the Islamic State of Iraq and
Syria may be treated as stocks of the Department of Defense when
determined by the Secretary to no longer be required for transfer to
such forces or groups and upon written notification to the congressional
defense committees: Provided further, That none of the funds made
available under this heading may be used to procure or transfer man-
portable air defense systems: Provided further, <<NOTE: Time
period. Reports.>> That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided under this heading, including, but not limited to, the number
of individuals trained, the nature and scope of support and sustainment
provided to each group or
[[Page 140 STAT. 181]]
individual, the area of operations for each group, and the contributions
of other countries, groups, or individuals.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $3,258,861,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,421,774,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $319,941,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $4,246,342,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $8,578,238,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and
[[Page 140 STAT. 182]]
related expenses in non-Federal hospitals; maintenance, operation, and
repairs to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $7,267,399,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $21,243,000, of which not to exceed
$10,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
<<NOTE: Determinations.>> For the Department of the Army,
$190,870,000, to remain available until transferred: Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
<<NOTE: Determinations.>> For the Department of the Navy,
$368,949,000, to remain available until transferred: Provided, That the
Secretary of the Navy shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Navy, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading
[[Page 140 STAT. 183]]
is in addition to any other transfer authority provided elsewhere in
this Act.
Environmental Restoration, Air Force
(including transfer of funds)
<<NOTE: Determinations.>> For the Department of the Air Force,
$396,149,000, to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Air Force, or for similar purposes, transfer the funds
made available by this appropriation to other appropriations made
available to the Department of the Air Force, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
<<NOTE: Determinations.>> For the Department of Defense,
$8,885,000, to remain available until transferred: Provided, That the
Secretary of Defense shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of Defense, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
<<NOTE: Determinations.>> For the Department of the Army,
$235,156,000, to remain available until transferred: Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at sites
formerly used by the Department of Defense, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period
[[Page 140 STAT. 184]]
as the appropriations to which transferred: Provided further, That upon
a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $100,793,000, to remain available until
September 30, 2027.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $282,830,000, to remain
available until September 30, 2028.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce Development
Account, $50,846,000: Provided, That no other amounts may be otherwise
credited or transferred to the Account, or deposited into the Account,
in fiscal year 2026 pursuant to section 1705(d) of title 10, United
States Code.
[[Page 140 STAT. 185]]
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,625,324,000, to remain available for obligation until
September 30, 2028.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $7,287,263,000, to remain available for obligation until
September 30, 2028.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $3,005,021,000, to
remain available for obligation until September 30, 2028.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired,
[[Page 140 STAT. 186]]
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $4,576,705,000, to remain available for obligation
until September 30, 2028.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $9,412,655,000, to
remain available for obligation until September 30, 2028.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$17,239,853,000, to remain available for obligation until September 30,
2028.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $6,086,954,000, to remain available for obligation
until September 30, 2028.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United
[[Page 140 STAT. 187]]
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,098,630,000, to remain available for obligation
until September 30, 2028.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long lead
time components and designs for vessels to be constructed or converted
in the future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, as follows:
Columbia Class Submarine, $3,928,828,000;
Columbia Class Submarine (AP), $5,350,766,000;
Carrier Replacement Program (CVN-80), $1,046,700,000;
Carrier Replacement Program (AP), $612,038,000;
Carrier Replacement Program (CVN-81), $1,622,935,000;
Virginia Class Submarine, $2,740,305,000;
Virginia Class Submarine (AP), $3,126,816,000;
CVN Refueling Overhauls, $1,579,011,000;
DDG-1000 Program, $52,358,000;
DDG-51 Destroyer, $10,773,000;
DDG-51 Destroyer (AP), $1,750,000,000;
FFG-Frigate, $100,000,000;
FF(X)-Frigate, $242,000,000;
Medium Landing Ship, $800,000,000;
TAO Fleet Oiler, $8,346,000;
TAGOS Surtass Ships, $612,205,000;
Towing, Salvage, and Rescue Ship, $141,500,000;
Ship to Shore Connector, $320,000,000;
Service Craft, $174,602,000;
Auxiliary Personnel Lighter, $79,000,000;
Auxiliary Vessels, $290,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $886,846,000; and
Completion of Prior Year Shipbuilding Programs,
$1,676,587,000.
In all: $27,151,616,000, to remain available for obligation until
September 30, 2030: Provided, That additional obligations may be
incurred after September 30, 2030, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards:
[[Page 140 STAT. 188]]
Provided further, That funds appropriated or otherwise made available by
this Act for Columbia Class Submarine (AP) may be available for the
purposes authorized by subsections (f), (g), (h) or (i) of section 2218a
of title 10, United States Code, only in accordance with the provisions
of the applicable subsection.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $14,693,978,000, to remain available for obligation
until September 30, 2028: Provided, That such funds are also available
for the maintenance, repair, and modernization of ships under a pilot
program established for such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $3,682,643,000, to remain available for obligation until
September 30, 2028.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $19,964,954,000, to remain available for
obligation until September 30, 2028.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices;
[[Page 140 STAT. 189]]
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things, $3,963,961,000,
to remain available for obligation until September 30, 2028.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $773,327,000, to remain available for obligation until
September 30, 2028.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $32,605,147,000, to remain available for
obligation until September 30, 2028.
Procurement, Space Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $4,036,035,000, to remain
available for obligation until September 30, 2028.
[[Page 140 STAT. 190]]
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$7,142,723,000, to remain available for obligation until September 30,
2028.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $321,923,000, to remain available for
obligation until expended, which shall be obligated and expended by the
Secretary of Defense as if delegated the necessary authorities conferred
by the Defense Production Act of 1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $800,000,000, to remain
available for obligation until September 30, 2028: Provided, That
the <<NOTE: Deadline. Assessments.>> Chiefs of National Guard and
Reserve components shall, not later than 30 days after enactment of this
Act, individually submit to the congressional defense committees the
modernization priority assessment for their respective National Guard or
Reserve component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned fixed wing
aircraft, or procure or modify missiles, munitions, or ammunition.
[[Page 140 STAT. 191]]
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $16,705,760,000, to
remain available for obligation until September 30, 2027.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $28,099,776,000, to
remain available for obligation until September 30, 2027: Provided, That
funds appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the Special
Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $50,614,595,000, to
remain available for obligation until September 30, 2027.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $14,917,160,000, to
remain available until September 30, 2027.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $35,248,875,000, to remain
available for obligation until September 30, 2027.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $336,143,000, to remain available for obligation until
September 30, 2027.
[[Page 140 STAT. 192]]
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $2,126,540,000.
National Defense Stockpile Transaction Fund
For the National Defense Stockpile Transaction Fund, $5,700,000, for
activities pursuant to the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98 et seq.).
[[Page 140 STAT. 193]]
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$41,770,246,000; of which $38,942,713,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2027, and of which up to
$21,023,765,000 may be available for contracts entered into under the
TRICARE program; of which $354,821,000, to remain available for
obligation until September 30, 2028, shall be for procurement; and of
which $2,472,712,000, to remain available for obligation until September
30, 2027, shall be for research, development, test and evaluation:
Provided, That of the funds provided under this heading for research,
development, test and evaluation, not less than $1,270,000,000 shall be
made available to the Defense Health Agency to carry out the
congressionally directed medical research programs: Provided further,
That, notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test and
evaluation, not less than $15,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations: Provided
further, <<NOTE: Time period. Reports.>> That the Secretary of Defense
shall submit to the congressional defense committees quarterly reports
on the current status of the electronic health record program: Provided
further, <<NOTE: Time period. Reviews.>> That the Comptroller General
of the United States shall perform quarterly performance reviews of the
electronic health record program.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521),
$213,282,000, of which $3,243,000 shall be for operation and
maintenance, of which not less than $3,243,000 shall be for the Chemical
Stockpile Emergency Preparedness Program, consisting of $2,340,000 for
activities on military installations and $903,000, to remain available
until September 30, 2027, to assist State and local governments; and
$210,039,000, to remain available until September 30, 2027, shall be for
research, development, test and evaluation, of which $210,039,000 shall
only be for the Assembled Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and
[[Page 140 STAT. 194]]
for research, development, test and evaluation, $1,148,675,000, of which
$678,737,000 shall be for counter-narcotics support; $134,938,000 shall
be for the drug demand reduction program; $305,000,000 shall be for the
National Guard counter-drug program; and $30,000,000 shall be for the
National Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, <<NOTE: Determination.>> That upon
a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $517,599,000, of which $511,895,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended upon the approval
or authority of the Inspector General, and payments may be made upon the
Inspector General's certificate of necessity for confidential military
purposes; of which $1,079,000, to remain available for obligation until
September 30, 2028, shall be for procurement; and of which $4,625,000,
to remain available until September 30, 2027, shall be for research,
development, test and evaluation.
[[Page 140 STAT. 195]]
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $629,128,000.
[[Page 140 STAT. 196]]
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. <<NOTE: Propaganda.>> No part of any appropriation
contained in this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
Sec. 8002. <<NOTE: 10 USC 1584 note.>> During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national employees
of the Department of Defense funded by this Act shall not be at a rate
in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further, That
this section shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign Service Act of
1980: Provided further, <<NOTE: Turkey.>> 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. <<NOTE: Time period.>> No more than 20 percent of the
appropriations in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer camp
training of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. <<NOTE: Determination.>> Upon determination by the
Secretary of Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Director of the
Office of Management and Budget, transfer not to exceed $6,000,000,000
of working capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for military
functions (except military construction) between such appropriations or
funds or any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by the Congress: Provided
further, <<NOTE: Notification.>> That the Secretary of Defense shall
notify the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, <<NOTE: Reprogramming requests.>> 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
[[Page 140 STAT. 197]]
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress: Provided
further, <<NOTE: Reprogramming requests. Deadline.>> That a request for
multiple reprogrammings of funds using authority provided in this
section shall be made prior to June 30, 2026: Provided further, That
transfers among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of funds that
may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act and the
tables contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available by this Act for those programs, projects, and activities are
hereby required by law to be carried out in the manner provided by such
tables to the same extent as if the tables were included in the text of
this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act:
Provided <<NOTE: Applicability.>> , That section 8005 of this Act shall
apply when transfers of the amounts described in subsection (a) occur
between appropriation accounts, subject to the limitation in subsection
(c): Provided further, That the transfer amount limitation provided in
section 8005 of this Act shall not apply to transfers of amounts
described in subsection (a) if such transfers are necessary for the
proper execution of such funds.
(c) During the current fiscal year, amounts specified in the
referenced tables in titles III and IV of this Act described in
subsection (a) may not be transferred pursuant to section 8005 of this
Act other than for proper execution of such amounts, as provided in
subsection (b).
Sec. 8007. <<NOTE: Reports.>> (a) Not later than 60 days after the
date of the 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: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> Notwithstanding section 8005 of this
Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an
emergency requirement: Provided, That this subsection shall not apply to
transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
[[Page 140 STAT. 198]]
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. <<NOTE: Notifications.>> During the current fiscal year,
cash balances in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United States Code,
may be maintained in only such amounts as are necessary at any time for
cash disbursements to be made from such funds: Provided, That transfers
may be made between such funds: Provided further,
That <<NOTE: Determination. Approval.>> transfers may be made between
working capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Director of the Office of Management
and Budget, except that such transfers may not be made unless the
Secretary of Defense has notified the Congress of the proposed transfer:
Provided further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may be
made against a working capital fund to procure or increase the value of
war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. <<NOTE: Notification. Time period.>> 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. <<NOTE: Contracts. Notifications. Time periods. 10 USC
3501 note.>> (a) None of the funds made available to the Department of
Defense for this fiscal year or any prior fiscal year shall be available
to initiate: (1) a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year of the
contract or that includes an unfunded contingent liability in excess of
$20,000,000; or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional defense
committees have been notified at least 30 days in advance of the
proposed contract award: Provided, That no part of any appropriation
made available to the Department of Defense for this fiscal year or any
prior fiscal year shall be available to initiate a multiyear contract
for which the economic order quantity advance procurement is not funded
at least to the limits of the Government's liability: Provided further,
That no part of any appropriation made available to the Department of
Defense for this fiscal year or any prior fiscal year shall be available
to initiate multiyear procurement contracts for any systems or component
thereof if the value of the multiyear contract would exceed $500,000,000
unless specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 30-day prior
notification to the congressional defense committees: Provided
further, <<NOTE: Analysis.>> That the execution of
[[Page 140 STAT. 199]]
multiyear authority shall require the use of a present value analysis to
determine lowest cost compared to an annual procurement.
(b) None of the funds made available to the Department of Defense
for this fiscal year or any prior fiscal year may be used for a
multiyear contract executed after the date of the enactment of this Act
unless in the case of any such contract--
(1) <<NOTE: Budget request.>> the Secretary of Defense has
submitted to Congress a budget request for full funding of units
to be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes, for any
aircraft unit to be procured through the contract for which
procurement funds are requested in that budget request for
production beyond advance procurement activities in the fiscal
year covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure.
(c) Concurrent with the annual budget submission of the President
for fiscal year 2027 pursuant to section 1105(a) of title 31, United
States Code, that is in compliance with subsection (b)(1), and
notwithstanding subsection (b)(4)(B) of section 804 of the National
Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60),
funds appropriated to the Department of Defense in title III of this Act
or in any other provision of law may be used for multiyear procurement
contracts, for a period of not more than five years, as follows:
Standard Missile-6; Long Range Anti-Ship Missile; Joint Air-to-Surface
Standoff Missile Extended Range; Advanced Medium-Range Air-to-Air
Missile; and Standard Missile-3 Block 1B; and for a period of not more
than seven years, as follows: PATRIOT Advanced Capability-3 Missile
Segment Enhancement; Terminal High Altitude Area Defense; and Tomahawk
Cruise Missile Systems: Provided, That until such submission is provided
to the congressional defense committees, to include P-1 and R-1 budget
justification documents, which shall identify the allocation of funds by
program, project, and activity, none of the funds made available to the
Department of Defense for this fiscal year or any prior fiscal year may
be obligated or expended to enter into any multiyear procurement
contracts: Provided further, That
before <<NOTE: Certification.>> entering into a multiyear procurement
contract for Tomahawk Cruise Missile Systems, Joint Air-to-Surface
Standoff Missile Extended Range, or Standard Missile-6, the Secretary of
Defense shall certify in writing to the congressional defense committees
that such action is in the national security interests of the United
States.
Sec. 8011. <<NOTE: Humanitarian assistance. Foreign countries.>>
Within the funds appropriated for the operation and maintenance of the
Armed Forces, funds are hereby appropriated pursuant to section 401 of
title 10, United States Code, for humanitarian and civic assistance
costs under chapter 20 of title 10, United States Code:
Provided, <<NOTE: Reports.>> That such funds may also be obligated for
humanitarian and civic assistance costs incidental
[[Page 140 STAT. 200]]
to authorized operations and pursuant to authority granted in section
401 of title 10, United States Code, and these obligations shall be
reported as required by section 401(d) of title 10, United States Code:
Provided further, That funds available for operation and maintenance
shall be available for providing humanitarian and similar assistance by
using Civic Action Teams in the Trust Territories of the Pacific Islands
and freely associated states of Micronesia, pursuant to the Compact of
Free Association as authorized by Public Law 99-239: Provided
further, <<NOTE: Determination. Hawaii. Territories.>> That upon a
determination by the Secretary of Defense that such action is beneficial
for graduate medical education programs conducted at Defense Health
Agency medical facilities located in Hawaii, the Secretary of Defense
may authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. None of the funds appropriated by this or any other Act,
including prior year Acts, may be used to obligate and expend funds in
the Defense Modernization Account 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):
Provided, That any program increases, as detailed in the tables titled
Explanation of Project Level Adjustments in the explanatory statement
regarding this Act, may not be transferred to the Defense Modernization
Account pursuant to subsection (c) of section 3136 of title 10, United
States Code.
Sec. 8013. <<NOTE: Lobbying.>> None of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8014. None of the funds available in this Act to the Department
of Defense, other than appropriations made for necessary or routine
refurbishments, upgrades, or maintenance activities, shall be used to
reduce or to prepare to reduce the number of deployed and non-deployed
strategic delivery vehicles and launchers below the levels set forth in
the report submitted to Congress in accordance with section 1042 of the
National Defense Authorization Act for Fiscal Year 2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 4902 of title 10, United States Code, under the
authority of this provision or any other transfer authority contained in
this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal year 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. <<NOTE: Anchor and mooring chain.>> None of the funds in
this Act may be available for the purchase by the Department of Defense
(and its departments
[[Page 140 STAT. 201]]
and agencies) of welded shipboard anchor and mooring chain unless the
anchor and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United States:
Provided, <<NOTE: Definition.>> That for the purpose of this section,
the term ``manufactured'' shall include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of this
section substantially all of the components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, <<NOTE: Waiver
authority. Certification.>> That when adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis, the Secretary of the Service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8017. <<NOTE: Alcohol and alcoholic beverages.>> None of the
funds appropriated by this Act shall be used for the support of any
nonappropriated funds activity of the Department of Defense that
procures malt beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and
wine are procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That, in a case in which the military
installation is located in more than one State, purchases may be made in
any State in which the installation is located: Provided
further, <<NOTE: Applicability.>> That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8018. <<NOTE: Arms and munitions. Certification.>> None of the
funds available to the Department of Defense may be used to demilitarize
or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber
rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that are not
otherwise prohibited from commercial sale under Federal law, unless the
small arms ammunition or ammunition components are certified by the
Secretary of the Army or designee as unserviceable or unsafe for further
use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, <<NOTE: Waiver authority. Certification.>> That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the congressional defense committees that such
a relocation is required in the best interest of the Government.
Sec. 8020. Of the funds made available in this Act under the heading
``Procurement, Defense-Wide'', $24,613,000 shall be
[[Page 140 STAT. 202]]
available only for incentive payments authorized by section 504 of the
Indian Financing Act of 1974 (25 U.S.C. 1544): Provided,
That <<NOTE: Contracts.>> a prime contractor or a subcontractor at any
tier that makes a subcontract award to any subcontractor or supplier as
defined in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals defined
under section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appropriated by an Act
making appropriations for the Department of Defense with respect to any
fiscal year: Provided further, <<NOTE: Applicability.>> That
notwithstanding section 1906 of title 41, United States Code, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part, by any subcontractor or supplier defined in section
1544 of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section 4221(9)
of title 25, United States Code.
Sec. 8021. <<NOTE: Native Americans. State listing.>> (a)
Notwithstanding any other provision of law, the Secretary of the Air
Force may convey at no cost to the Air Force, without consideration, to
Indian tribes located in the States of Nevada, Idaho, North Dakota,
South Dakota, Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base, Malmstrom
Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base,
and Minot Air Force Base that are excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. <<NOTE: Determination.>> Any such
conveyance shall be subject to the condition that the housing units
shall be removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under subsection (a)
before submitting requests to the Secretary of the Air Force under
subsection (b).
(d) <<NOTE: Definition.>> In this section, the term ``Indian tribe''
means any recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the Federally
Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792;
25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 may be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
[[Page 140 STAT. 203]]
Sec. 8023. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8024. Of the amounts appropriated for ``Working Capital Fund,
Army'', $100,000,000 shall be available to maintain competitive rates at
the arsenals.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $79,000,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $57,900,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $17,800,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $3,300,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) <<NOTE: Waiver.>> The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for counter-
drug activities in support of Federal, State, and local government
agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) Except when acting in a technical advisory capacity, no member
of a Board of Directors, Trustees, Overseers, Advisory Group, Special
Issues Panel, Visiting Committee, or any similar entity of a defense
FFRDC, or any entity that contracts with the Federal government to
manage or operate one or more FFRDCs, or any paid consultant to a
defense FFRDC shall receive funds appropriated by this Act as
compensation for services as a member of such entity: Provided, That a
member of any such entity shall be allowed travel expenses and per diem
as authorized under the Federal Joint Travel Regulations, when engaged
in the performance of membership duties: Provided further, That except
when acting in a technical advisory capacity, no paid consultant shall
receive funds appropriated by this Act as compensation by more than one
FFRDC in a calendar year.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
appropriated in this Act, not more than $2,886,300,000 may be funded for
professional technical staff-related costs of the defense FFRDCs:
Provided, That within such funds, not more than $461,300,000 shall be
available for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program and
[[Page 140 STAT. 204]]
the Military Intelligence Program: Provided
further <<NOTE: Reports. Budget estimates.>> , 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. <<NOTE: Definition. 22 USC 8925a note.>> 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. <<NOTE: Definition.>> For the purposes of this Act, the
term ``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
Sec. 8029. During the current fiscal year, the Department of Defense
may acquire the modification, depot maintenance and repair of aircraft,
vehicles and vessels as well as the production of components and other
Defense-related articles, through competition between Department of
Defense depot maintenance activities and private firms:
Provided, <<NOTE: Certification. Cost estimates.>> That the Senior
Acquisition Executive of the military department or Defense Agency
concerned, with power of delegation, shall certify that successful bids
include comparable estimates of all direct and indirect costs for both
public and private bids: Provided further, That Office of Management and
Budget Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8030. <<NOTE: Compliance.>> (a) None of the funds appropriated
in this Act may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the Buy
American Act. For purposes of this subsection, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
(b) <<NOTE: Determinations. Labeling. Fraud. Debarment.>> If the
Secretary of Defense determines that a person has been convicted of
intentionally affixing a label bearing a ``Made in America'' inscription
to any product sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance with section
4658 of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality competitive, and available in a timely fashion.
Sec. 8031. <<NOTE: Contracts.>> None of the funds appropriated or
made available in this Act shall be used to procure carbon, alloy, or
armor steel plate for use in any Government-owned facility or property
under the control of the Department of Defense which were not melted and
rolled in the United States or Canada:
Provided, <<NOTE: Applicability.>> That these procurement restrictions
shall apply to any and all Federal Supply
[[Page 140 STAT. 205]]
Class 9515, American Society of Testing and Materials (ASTM) or American
Iron and Steel Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, <<NOTE: Waiver
authority. Certification.>> That the Secretary of the military
department responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to contracts
which are in being as of the date of the enactment of this Act.
Sec. 8032. <<NOTE: Determination. Contracts. Rescission. 41 USC 8304
note.>> (a)(1) If the Secretary of Defense, after consultation with the
United States Trade Representative, determines that a foreign country
which is party to an agreement described in paragraph (2) has violated
the terms of the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) <<NOTE: Memorandum.>> An agreement referred to in paragraph (1)
is any reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to which the
Secretary of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) <<NOTE: Reports.>> 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 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8033. <<NOTE: Contracts. Ball and roller bearings.>> None of
the funds appropriated by this Act may be used for the procurement of
ball and roller bearings other than those produced by a domestic source
and of domestic origin: Provided, That <<NOTE: Waiver
authority. Certification.>> the Secretary of the military department
responsible for such procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate, that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes:
Provided further, <<NOTE: Applicability.>> That this restriction shall
not apply to the purchase of ``commercial products'', as defined by
section 103 of title 41, United States Code, except that the restriction
shall apply to ball or roller bearings purchased as end items.
Sec. 8034. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', 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
[[Page 140 STAT. 206]]
assistance to the Lebanese Armed Forces, including training, equipment,
logistics support, supplies and services, stipends, infrastructure
repair and renovation, and sustainment: Provided, <<NOTE: Lebanese Armed
Forces.>> 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:
Provided further, <<NOTE: Time period. Notification.>> 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: Provided
further, <<NOTE: Waiver authority. Determination. Notice.>> That the
Secretary of Defense may waive a provision of law relating to the
acquisition of items and support services or sections 40 and 40A of the
Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines that such provision of law would prohibit, restrict, delay or
otherwise limit the provision of such assistance and a notice of and
justification for such waiver is submitted to the congressional defense
committees, the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and Foreign Affairs of
the House of Representatives: Provided further, <<NOTE: Time
period. Reports.>> 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.
Sec. 8035. <<NOTE: Supercomputers. Certification.>> 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. <<NOTE: Waiver authority. Determination.>> (a) The
Secretary of Defense may, on a case-by-case basis, waive with respect to
a foreign country each limitation on the procurement of defense items
from foreign sources provided in law if the Secretary determines that
the application of the limitation with respect to that country would
invalidate cooperative programs entered into between the Department of
Defense and the foreign country, or would invalidate reciprocal trade
agreements for the procurement of defense items entered into under
section 4851 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced in the
United States for that country.
(b) <<NOTE: Applicability. Contracts. Effective date.>> Subsection
(a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States
[[Page 140 STAT. 207]]
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. <<NOTE: Flags. 10 USC 4862 note.>> None of the funds
made available in this Act, or any subsequent Act making appropriations
for the Department of Defense, may be used for the purchase or
manufacture of a flag of the United States unless such flags are treated
as covered items under section 4862(b) of title 10, United States Code.
Sec. 8038. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account shall be available until expended for the payments specified by
section 2687a(b)(2) of title 10, United States Code.
Sec. 8039. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $350,000: Provided, <<NOTE: Determination.>> 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 ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the United States Indo-Pacific Command to execute Theater Security
Cooperation activities such as humanitarian assistance, and payment of
incremental and personnel costs of training and exercising with foreign
security forces: Provided, That <<NOTE: Humanitarian assistance.>> funds
made available for this purpose may be used, notwithstanding any other
funding authorities for humanitarian assistance, security assistance or
combined exercise expenses: Provided further, That funds may not be
obligated to provide assistance to any foreign country that is otherwise
prohibited from receiving such type of assistance under any other
provision of law.
Sec. 8041. <<NOTE: Regulations. Tobacco and tobacco products. 10 USC
2484 note.>> The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in military
resale outlets in the United States, its territories and possessions at
a price below the most competitive price in the local community:
Provided, That such regulations shall direct that the prices of tobacco
or tobacco-related products in overseas military retail outlets shall be
within the range of prices established for military retail system stores
located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) <<NOTE: Budget request. Contracts.>> 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
[[Page 140 STAT. 208]]
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. <<NOTE: 50 USC 3521 note.>> 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: Provided, That funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2027: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for the construction, improvement, or alteration of
facilities, including leased facilities, to be used primarily by
personnel of the intelligence community, shall remain available until
September 30, 2028.
Sec. 8044. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the Department of Defense who is
transferred or reassigned from a headquarters activity if the
member or employee's place of duty remains at the location of
that headquarters.
(b) <<NOTE: Waiver authority. Determination. Certification.>> The
Secretary of Defense or Secretary of a military department may waive the
limitations in subsection (a), on a case-by-case basis, if the Secretary
determines, and certifies to the Committees on Appropriations of the
House of Representatives and the Senate that the granting of the waiver
will reduce the personnel requirements or the financial requirements of
the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) <<NOTE: Determination.>> an Army field operating agency
established to eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8045. <<NOTE: Contracts. Effective date.>> (a) None of the
funds appropriated by this Act shall be available to convert to
contractor performance an activity or function of the Department of
Defense that, on or after the
[[Page 140 STAT. 209]]
date of the enactment of this Act, is performed by Department of Defense
civilian employees unless--
(1) <<NOTE: Plan.>> the conversion is based on the result of
a public-private competition that includes a most efficient and
cost effective organization plan developed by such activity or
function;
(2) <<NOTE: Determination.>> the Competitive Sourcing
Official determines that, over all performance periods stated in
the solicitation of offers for performance of the activity or
function, the cost of performance of the activity or function by
a contractor would be less costly to the Department of Defense
by an amount that equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any commercial
or industrial type function of the Department of Defense that--
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O'Day Act (section 8503 of
title 41, United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in accordance
with that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts for
depot maintenance as provided in sections 2469 and 2474 of title 10,
United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United
[[Page 140 STAT. 210]]
States Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8046. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided, That
no amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985:
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2020/
2031, $240,245,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2022/
2026, $418,624,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2023/
2027, $483,391,000;
``Cooperative Threat Reduction Account'', 2024/2026,
$33,936,000;
``Other Procurement, Army'', 2024/2026, $15,000,000;
``Weapons Procurement, Navy'', 2024/2026, $2,943,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2024/
2028, $1,271,572,000;
``Aircraft Procurement, Air Force'', 2024/2026, $25,397,000;
``Missile Procurement, Air Force'', 2024/2026, $41,189,000;
``Procurement, Space Force'', 2024/2026, $107,100,000;
``Defense Health Program'', 2024/2026, $10,473,000;
``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', 2025/2026, $50,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2025/2027, $452,647,000;
``Other Procurement, Army'', 2025/2027, $119,887,000;
``Aircraft Procurement, Navy'', 2025/2027, $155,711,000;
``Weapons Procurement, Navy'', 2025/2027, $200,272,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2025/
2029, $151,230,000;
``Aircraft Procurement, Air Force'', 2025/2027,
$193,555,000;
``Missile Procurement, Air Force'', 2025/2027, $209,045,000;
``Other Procurement, Air Force'', 2025/2027, $186,638,000;
``Procurement, Space Force'', 2025/2027, $339,196,000;
``Procurement, Defense-Wide'', 2025/2027, $11,807,000;
``Research, Development, Test and Evaluation, Army'', 2025/
2026, $178,735,000;
``Research, Development, Test and Evaluation, Navy'', 2025/
2026, $82,461,000;
``Research, Development, Test and Evaluation, Air Force'',
2025/2026, $329,435,000;
``Research, Development, Test and Evaluation, Space Force'',
2025/2026, $370,149,000; and
``Defense Modernization Account , Defense-Wide'', 2025/2028,
$28,249,000.
Sec. 8047. 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
[[Page 140 STAT. 211]]
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. 8048. <<NOTE: North Korea.>> None of the funds appropriated or
otherwise made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose: Provided, <<NOTE: Armed
Forces remains.>> 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. 8049. <<NOTE: Drugs and drug abuse. 10 USC 274 note.>> (a) None
of the funds available to the Department of Defense for any fiscal year
for drug interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) <<NOTE: 50 USC 3506 note.>> 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. 8050. In addition to the amounts appropriated or otherwise made
available elsewhere in this Act, $49,000,000 is hereby appropriated to
the Department of Defense: Provided, <<NOTE: Determination.>> 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
and $25,000,000 to the Red Cross.
Sec. 8051. 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. <<NOTE: Reports.>> 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. 8052. <<NOTE: Contracts.>> None of the funds available to the
Department of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
[[Page 140 STAT. 212]]
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8054. <<NOTE: Reimbursement.>> (a) Notwithstanding any other
provision of law, the Chief of the National Guard Bureau may permit the
use of equipment of the National Guard Distance Learning Project by any
person or entity on a space-available, reimbursable basis. The Chief of
the National Guard Bureau shall establish the amount of reimbursement
for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8055. (a) None of the funds appropriated or otherwise made
available by this or prior Acts may be obligated or expended to retire,
prepare to retire, or place in storage or on backup aircraft inventory
status any C-40 aircraft.
(b) <<NOTE: Determination.>> The limitation under subsection (a)
shall not apply to an individual C-40 aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no longer mission
capable due to a Class A mishap.
(c) <<NOTE: Certification.>> 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.
(d) <<NOTE: Reports.>> Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the necessary steps taken
by the Department of Defense to meet the travel requirements for
official or representational duties of members of Congress and the
Cabinet in fiscal years 2026 and 2027.
Sec. 8056. <<NOTE: Certifications.>> (a) None of the funds
appropriated in title IV of this Act may be used to procure end-items
for delivery to military forces for operational training, operational
use, or inventory requirements: Provided, That this restriction does not
apply to end-items used in development, prototyping in accordance with
an approved test strategy, and test activities preceding and leading to
acceptance for operational use.
(b) If the number of end-items budgeted with funds appropriated in
title IV of this Act exceeds the number required in an approved test
strategy, the Under Secretary of Defense (Research and Engineering) and
the Under Secretary of Defense (Acquisition and Sustainment), in
coordination with the responsible Service Acquisition Executive, shall
certify in writing to the congressional defense committees that there is
a bonafide need for the additional end-items at the time of submittal to
Congress of the budget of the President for fiscal year 2027 pursuant to
section 1105 of
[[Page 140 STAT. 213]]
title 31, United States Code: Provided, That this restriction does not
apply to programs funded within the National Intelligence Program.
(c) <<NOTE: Reports.>> 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:
Provided, <<NOTE: List.>> That the report shall set forth, for each end
item covered by the preceding proviso, a detailed list of the statutory
authorities under which amounts in the accounts described in that
proviso were used for such item: Provided
further <<NOTE: Compliance.>> , 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: Provided
further <<NOTE: Waiver authority.>> , 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. 8057. 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. 8058. <<NOTE: Time period. Reports. Strategies. Cost
estimates.>> Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development, Test
and Evaluation, Defense-Wide'' for any new start Defense Innovation
Acceleration (PE 0603838D8Z) or Rapid Prototyping Program (PE
0604331D8Z) demonstration project with a value of more than $5,000,000
may only be obligated 15 days after a report, including a description of
the project, the planned acquisition and transition strategy and its
estimated annual and total cost, has been provided in writing to the
congressional defense committees: Provided, That <<NOTE: Waiver
authority. Certification.>> the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying to the congressional
defense committees that it is in the national interest to do so.
Sec. 8059. <<NOTE: Classified information. Time period. Reports.>>
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. 8060. 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. 8061. <<NOTE: Arms and munitions. Contracts.>> None of the
funds provided in this Act may be used to transfer to any
nongovernmental entity ammunition held
[[Page 140 STAT. 214]]
by the Department of Defense that has a center-fire cartridge and a
United States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', ``armor-
piercing incendiary tracer (API-T)'', ``general purpose (GP)'',
``special purpose (SP)'' except 9mm, or ``enhanced performance round
(EPR)'', except to an entity performing demilitarization services for
the Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that the
above listed projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of State.
Sec. 8062. <<NOTE: Waiver authority. Time period.>> Notwithstanding
any other provision of law, the Chief of the National Guard Bureau, or
their designee, may waive payment of all or part of the consideration
that otherwise would be required under section 2667 of title 10, United
States Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or their designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8063. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Army'', $218,015,597 shall remain available
until expended: Provided, That, notwithstanding any other provision of
law, the Secretary of Defense is authorized to transfer such funds to
other activities of the Federal Government: Provided
further, <<NOTE: Contracts. Real property.>> That the Secretary of
Defense is authorized to enter into and carry out contracts for the
acquisition of real property, construction, personal services, and
operations related to projects carrying out the purposes of this
section: Provided further, <<NOTE: Determination.>> That contracts
entered into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, <<NOTE: Compliance. Determination.>> That projects authorized
by this section shall comply with applicable Federal, State, and local
law to the maximum extent consistent with the national security, as
determined by the Secretary of Defense.
Sec. 8064. (a) None of the funds appropriated in this or any other
Act, including prior year Acts, may be used to implement a change to--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence
[[Page 140 STAT. 215]]
Program budget at or below the Expenditure Center level, provided such
change is otherwise in accordance with subsection (a).
(c) <<NOTE: Study. Proposals.>> The Director of National
Intelligence and the Secretary of Defense may jointly study and develop
detailed proposals for alternative budget presentation and appropriation
accounts. <<NOTE: Risk assessment.>> Such study shall include a
comprehensive counterintelligence risk assessment to ensure that none of
the alternative processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) <<NOTE: Certifications. Attestations.>> receive
certification from all affected agencies attesting that the
proposed alternatives will not adversely affect
counterintelligence; and
(3) <<NOTE: Deadline.>> not later than 30 days after
receiving all necessary certifications under paragraph (2),
present the proposed alternatives and certifications to the
congressional defense and intelligence committees.
(including transfer of funds)
Sec. 8065. In addition to amounts made available elsewhere in this
Act, $25,000,000 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 to expand cooperation, share operational information, advance
interoperability, or improve the capabilities of our allies and partners
in their area of operation: Provided, <<NOTE: Time period. Execution
plan.>> That none of the funds provided under this section may be
obligated or expended until 30 days after the Secretary of Defense
provides to the congressional defense committees an execution plan:
Provided further, <<NOTE: Time period. Notifications.>> That not less
than 15 days prior to any transfer of funds, the Secretary of Defense
shall notify the congressional defense committees of the details of any
such transfer: Provided further, That upon transfer, the funds shall be
merged with and available for the same purposes, and for the same time
period, as the appropriation to which transferred: Provided further,
That the transfer authority provided under this section is in addition
to any other transfer authority provided elsewhere in this Act.
(including transfer of funds)
Sec. 8066. During the current fiscal year, not to exceed $11,000,000
from each of the appropriations made in title II of this Act for
``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
(including transfer of funds)
Sec. 8067. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided,
[[Page 140 STAT. 216]]
That <<NOTE: Determination. Grants. Fisher House Foundation,
Inc.>> notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of military
family members when confronted with the illness or hospitalization of an
eligible military beneficiary.
(including transfer of funds)
Sec. 8068. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer to
the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8069. None of the funds available to the Department of Defense
may be obligated to modify command and control relationships to give
Fleet Forces Command operational and administrative control of United
States Navy forces assigned to the Pacific fleet:
Provided, <<NOTE: Proposal.>> That the command and control
relationships which existed on October 1, 2004, shall remain in force
until a written modification has been proposed to the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That <<NOTE: Time period. Notification.>> the proposed
modification may be implemented 30 days after the notification unless an
objection is received from either the House or Senate Appropriations
Committees: Provided further, That any proposed modification shall not
preclude the ability of the commander of United States Indo-Pacific
Command to meet operational requirements.
Sec. 8070. <<NOTE: Notice. 10 USC 3601 note.>> 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. 8071. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development, Test
and Evaluation, Defense-Wide'', $500,000,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount, $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
[[Page 140 STAT. 217]]
with each nation's laws, regulations, and procedures, subject to the
U.S.-Israeli co-production agreement for Arrow 3 Upper Tier, as amended;
and $173,000,000 shall be for the Arrow System Improvement Program
including development of a long range, ground and airborne, detection
suite.
Sec. 8072. Of the amounts appropriated in this Act under the heading
``Shipbuilding and Conversion, Navy'', $1,676,587,000 shall be available
until September 30, 2026, to fund prior year shipbuilding cost increases
for the following programs:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2026: Carrier Replacement Program, $150,000,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2026: Virginia Class Submarine Program, $121,538,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2026: DDG 51 Program, $14,892,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2026: Virginia Class Submarine Program, $99,116,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2026: DDG 51 Program, $62,365,000;
(6) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2026: LHA Replacement Program, $93,603,000;
(7) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2026: Virginia Class Submarine Program, $289,761,000;
(8) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2026: DDG 51 Program, $104,238,000;
(9) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2026: LPD Flight II Program, $93,442,000;
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2026: Oceanographic Ships Program, $6,015,000;
(11) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: Littoral Combat Ship Program, $5,766,000;
(12) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: T-AO Fleet Oiler Program, $15,400,000;
(13) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: Ship to Shore Connector Program, $15,480,000;
(14) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2026: CVN Refueling Overhauls, $483,100,000;
(15) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2026: T-AO Fleet Oiler Program, $48,260,000;
(16) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: T-AO Fleet Oiler Program, $19,650,000;
(17) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: Expeditionary Sea Base Program, $30,000,000;
(18) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: Expeditionary Fast Transport Program,
$11,231,000;
(19) Under the heading ``Shipbuilding and Conversion,
Navy'', 2023/2026: T-AO Fleet Oiler Program, $6,530,000; and
(20) Under the heading ``Shipbuilding and Conversion,
Navy'', 2024/2026: T-AO Fleet Oiler Program, $6,200,000.
Sec. 8073. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities and
[[Page 140 STAT. 218]]
intelligence-related activities not otherwise authorized in the
Intelligence Authorization Act for Fiscal Year 2026 are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 3094).
Sec. 8074. <<NOTE: Notification.>> 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. 8075. <<NOTE: Nuclear armed interceptors.>> 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. 8076. None of the funds made available by this Act may be
obligated or expended for the purpose of decommissioning more than one
Littoral Combat Ship.
(including transfer of funds)
Sec. 8077. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation (except military
construction) to any available Navy ship construction appropriation for
the purpose of liquidating necessary changes resulting from inflation,
market fluctuations, or rate adjustments for any ship construction
program appropriated in law: Provided, That the Secretary may transfer
not to exceed $40,000,000 under the authority provided by this section:
Provided further, <<NOTE: Time period. Proposal. Reports.>> That the
Secretary may not transfer any funds until 30 days after the proposed
transfer has been reported to the Committees on Appropriations of the
House of Representatives and the Senate, unless a response from the
Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That the
transfer authority provided under this section is in addition to any
other transfer authority contained elsewhere in this Act: Provided
further, <<NOTE: Expiration date.>> That the transfer authority
provided by this section expires on September 30, 2030.
Sec. 8078. <<NOTE: 53rd Weather Reconnaissance Squadron.>> None of
the funds appropriated or made available in this Act shall be used to
reduce or disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
Sec. 8079. <<NOTE: Foreign intelligence.>> None of the funds
provided in this Act shall be available for integration of foreign
intelligence information unless the information has been lawfully
collected and processed during the conduct of authorized foreign
intelligence activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with protections
provided in the Fourth Amendment of the United States Constitution as
implemented through Executive Order No. 12333.
Sec. 8080. <<NOTE: Research and development. Science and
technology.>> 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,
[[Page 140 STAT. 219]]
except for funds appropriated for research and technology, which shall
remain available until September 30, 2027.
Sec. 8081. <<NOTE: Applicability.>> For purposes of section 1553(b)
of title 31, United States Code, any subdivision of appropriations made
in this Act under the heading ``Shipbuilding and Conversion, Navy''
shall be considered to be for the same purpose as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in any
prior fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8082. <<NOTE: Reports.>> (a) Not later than 60 days after the
date of enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence committees to
establish the baseline for application of reprogramming and transfer
authorities for fiscal year 2026: Provided, That the report shall
include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> 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. 8083. Any transfer of amounts appropriated to the Department of
Defense Acquisition Workforce Development Account in or for fiscal year
2026 to a military department or Defense Agency pursuant to section
1705(e)(1) of title 10, United States Code, shall be covered by and
subject to section 8005 of this Act.
Sec. 8084. <<NOTE: Notifications. Time periods.>> (a) None of the
funds provided for the National Intelligence Program in this or any
prior appropriations Act shall be available for obligation or
expenditure through a reprogramming or transfer of funds in accordance
with section 102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period
may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program
in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the Act unless
the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds;
[[Page 140 STAT. 220]]
this notification period may be reduced for urgent national security
requirements.
Sec. 8085. <<NOTE: Web posting. Public
information. Reports. Determination.>> (a) Any agency receiving funds
made available in this Act, shall, subject to subsections (b) and (c),
post on the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the national
interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> 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. 8086. <<NOTE: Contracts.>> (a) None of the funds appropriated
or otherwise made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the contractor
agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) <<NOTE: Certification.>> 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 <<NOTE: Definition.>> purposes of this subsection, a ``covered
subcontractor'' is an entity that has a subcontract in excess of
$1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or independent
contractors that may not be enforced in a court of the United States.
(d) <<NOTE: Waiver authority. Determination.>> 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
[[Page 140 STAT. 221]]
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. <<NOTE: Public information. Time
period.>> The Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this subsection not
less than 15 business days before the contract or subcontract addressed
in the determination may be awarded.
(including transfer of funds)
Sec. 8087. 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, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility operations
funded are operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility as
described by section 706 of Public Law 110-417: Provided
further, <<NOTE: Notification.>> That additional funds may be
transferred from funds appropriated for operation and maintenance for
the Defense Health Program to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 8088. Notwithstanding price or other limitations applicable to
the purchase of passenger carrying vehicles, appropriations available to
the Department of Defense may be used for the purchase of: (1) heavy and
light armored vehicles for the physical security of personnel or for
force protection purposes up to a limit of $450,000 per vehicle; and (2)
passenger motor vehicles up to a limit of $75,000 per vehicle for use by
military and civilian employees of the Department of Defense in the
United States Central Command area of responsibility.
(including transfer of funds)
Sec. 8089. <<NOTE: Determination. Approval.>> Upon a determination
by the Director of National Intelligence that such action is necessary
and in the national interest, the Director may, with the approval of the
Director of the Office of Management and Budget, transfer not to exceed
$1,500,000,000 of the funds made available in this Act for the National
Intelligence Program: Provided, That such authority to transfer may not
be used unless for higher priority items, based on unforeseen
intelligence requirements, than those for which originally appropriated
and in no case where the item for which funds are requested has been
denied by the Congress: Provided further, That a <<NOTE: Reprogramming
requests. Deadline.>> request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June 30, 2026.
Sec. 8090. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $290,000,000, to remain available
for obligation until September 30, 2030, may be used for the purchase of
two used sealift vessels for the National Defense Reserve
[[Page 140 STAT. 222]]
Fleet, established under section 11 of the Merchant Ship Sales Act of
1946 (46 U.S.C. 57100): Provided, <<NOTE: Reimbursement.>> That such
amounts are available for reimbursements to the Ready Reserve Force,
Maritime Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses related
to the National Defense Reserve Fleet: Provided further, That
notwithstanding section 2218 of title 10, United States Code, none of
these funds shall be transferred to the National Defense Sealift Fund
for execution.
Sec. 8091. <<NOTE: Web posting. Grants. Public information.>> The
Secretary of Defense shall post grant awards on a public website in a
searchable format.
Sec. 8092. <<NOTE: Surveillance.>> None of the funds made available
by this Act may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of
any electronic communication of a United States person from a
provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8093. <<NOTE: Salaries.>> None of the funds made available in
this or any other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or implements the
transfer of administrative responsibilities or budgetary resources of
any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act without
the express authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in
Department of Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of Defense.
Sec. 8094. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $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 (46 U.S.C. 57100): Provided, That
such <<NOTE: Reimbursements.>> amounts are available for reimbursements
to the Ready Reserve Force, Maritime Administration account of the
United States Department of Transportation for programs, projects,
activities, and expenses related to the National Defense Reserve Fleet.
Sec. 8095. <<NOTE: Contracts.>> (a) None of the funds provided in
this Act for the TAO Fleet Oiler program shall be used to award a new
contract that provides for the acquisition of the following components
unless those components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services; propulsion equipment
(including engines, reduction gears, and propellers); shipboard cranes;
spreaders for shipboard cranes; and anchor chains, specifically for the
seventh and subsequent ships of the fleet.
(b) None of the funds provided in this Act for any 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;
[[Page 140 STAT. 223]]
auxiliary chill water systems; and propulsion propellers: Provided, That
the <<NOTE: Deadline.>> Secretary of the Navy shall incorporate United
States manufactured propulsion engines and propulsion reduction gears
into any Frigate program beginning not later than with the eleventh ship
of the program.
Sec. 8096. <<NOTE: Contracts.>> 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. 8097. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal Year
2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016.
Sec. 8098. None <<NOTE: Gaming. Adult entertainment.>> 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. 8099. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities, or for any activity necessary for the national
defense, including intelligence activities.
Sec. 8100. <<NOTE: Determination.>> 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.
8101. <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Taxes.
>> (a) None of the funds made available by this or any other Act may be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to any corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner
[[Page 140 STAT. 224]]
pursuant to an agreement with the authority responsible for collecting
such tax liability, provided that the applicable Federal agency is aware
of the unpaid Federal tax liability.
(b) <<NOTE: Determination.>> 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. 8102. (a) Amounts appropriated under title IV of this Act, as
detailed in budget activity eight in the tables titled Explanation of
Project Level Adjustments in the explanatory statement regarding this
Act, may be used for expenses for the agile research, development, test
and evaluation, procurement, production, modification, and operation and
maintenance, only for the following Software and Digital Technology
Pilot programs--
(1) Defensive CYBER--Software Prototype Development (PE
0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
(4) Space Domain Awareness/Planning/Tasking SW (PE
1208248SF);
(5) Global Command and Control System (PE 0303150K);
(6) Acquisition Visibility (PE 0608648D8Z);
(7) Enterprise Platforms and Capabilities--Software Pilot
Program (PE 0608140D8Z); and
(8) Accelerate the Procurement and Fielding of Innovative
Technologies (APFIT) (PE 0000000D8Z).
(b) None of the funds appropriated by this or prior Department of
Defense Appropriations Acts may be obligated or expended to initiate
additional Software and Digital Technology Pilot Programs in fiscal year
2026.
Sec. 8103. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force: Provided, That nothing in this
Act shall be construed to limit or prohibit cooperation, collaboration,
and coordination between the National Reconnaissance Office and the
Space Force or any other elements of the Department of Defense.
Sec. 8104. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
[[Page 140 STAT. 225]]
Sec. 8105. <<NOTE: Azov Battalion.>> None of the funds made
available by this Act may be used to provide arms, training, or other
assistance to the Azov Battalion.
Sec. 8106. <<NOTE: 22 USC 8925a.>> The Secretary of Defense may, in
this fiscal year and each fiscal year thereafter, accept and retain
contributions, including money, personal property, and services, from
foreign governments and other entities, to carry out assistance
authorized by section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92): Provided, That such contributions
received shall be available to the Secretary of Defense, with the
concurrence of the Secretary of State, to provide assistance authorized
by such section, for replacement of any weapons or articles provided to
entities described in subparagraphs (A) and (B) of subsection (a)(1) of
such section from the inventory of the United States, and to recover or
dispose of equipment previously provided to such entities: Provided
further, <<NOTE: Consultation.>> That the Secretary of Defense shall
consult with the congressional defense committees in advance of the
provision of support provided to forces or groups described in
subparagraph (B) of such subsection: Provided further,
That <<NOTE: Notification.>> the Secretary of Defense shall notify the
congressional defense committees in writing upon the receipt and upon
the obligation of any contribution, delineating the sources and amounts
of the funds received and the specific use of such contributions:
Provided further, That <<NOTE: Timeline.>> any notification of
obligation of funds received in this section shall specify an estimated
timeline for the delivery of defense articles and defense services
provided and shall identify if any equipment provided requires enhanced
end-use monitoring: Provided further, <<NOTE: Time period.>> That
contributions of money for the purposes provided herein from any foreign
government or other entity may be credited to the Operation and
Maintenance, Defense-Wide account, to remain available for the following
two fiscal years, and used for such purposes: Provided
further, <<NOTE: Time period. Reports.>> That the Secretary of Defense
shall provide quarterly reports to the congressional defense committees
on the use and status of funds received pursuant to this section.
Sec. 8107. <<NOTE: Kuwait.>> During the current fiscal year, the
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions,
only from the Government of Kuwait, under that section: Provided, That,
such contributions shall, upon receipt, be credited to the
appropriations or fund which incurred such obligations.
Sec. 8108. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', for the Defense Security
Cooperation Agency, $1,499,808,000, 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: Provided, That the <<NOTE: Time
period. Notification.>> Secretary of Defense shall, not less than 15
days prior to obligating funds made available in this section, notify
the congressional defense committees in writing of the details of any
planned obligation: Provided further, <<NOTE: Time period. Reports.>>
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.
[[Page 140 STAT. 226]]
Sec. 8109. <<NOTE: Time periods.>> Of the amounts appropriated in
this Act under the heading ``Operation and Maintenance, Defense-Wide'',
for the Defense Security Cooperation Agency, $267,298,000, to remain
available until September 30, 2027, shall be available for support
authorized by subparagraphs (A) through (E) and (G) through (I) of
section 1226(a)(1) of the National Defense Authorization Act for Fiscal
Year 2016 (22 U.S.C. 2151 note), of which not less than $150,000,000
shall be for Jordan: Provided, <<NOTE: Notification.>> That the
Secretary of Defense shall, not less than 15 days prior to obligating
funds made available under this section, notify the congressional
defense committees in writing of the details of any planned obligation
and the nature of the expenses incurred: Provided
further, <<NOTE: Reports.>> That the Secretary of Defense shall provide
quarterly reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made
available in this section.
Sec. 8110. 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. 8111. <<NOTE: Child soldiers.>> None of the funds made
available by this Act for excess defense articles, assistance under
section 333 of title 10, United States Code, or peacekeeping operations
for the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008 (Public Law 110-
457; 22 U.S.C. 2370c-1) may be used to support any military training or
operation that includes child soldiers, as defined by the Child Soldiers
Prevention Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of 2008.
Sec. 8112. <<NOTE: Taliban.>> None of the funds made available by
this Act may be made available for any member of the Taliban.
Sec. 8113. 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.
8114. <<NOTE: Contracts. Memorandums. Grants. Loans. Rosoboronexport.>> (
a) None of the funds appropriated or otherwise made available by this or
any other Act may be used by the Secretary of Defense, or any other
official or officer of the Department of Defense, to enter into a
contract, memorandum of understanding, or cooperative agreement with, or
make a grant to, or provide a loan or loan guarantee to Rosoboronexport
or any subsidiary of Rosoboronexport.
(b) <<NOTE: Waiver
authority. Determination. Certification. Russia.>> The Secretary of
Defense may waive the limitation in subsection (a) if the Secretary, in
consultation with the Secretary of State and the Director of National
Intelligence, determines that it is in the vital national security
interest of the United States to do so, and certifies in writing to the
congressional defense committees that--
(1) <<NOTE: Syria.>> Rosoboronexport has ceased the
transfer of lethal military equipment to, and the maintenance of
existing lethal military equipment for, the Government of the
Syrian Arab Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Ukraine; and
[[Page 140 STAT. 227]]
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) <<NOTE: Review. Reports.>> 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. 8115. <<NOTE: Notifications. Deadline.>> The Secretary of
Defense shall notify the congressional defense committees in writing not
more than 30 days after the receipt of any contribution of funds
received from the government of a foreign country for any purpose
relating to the stationing or operations of the United States Armed
Forces: Provided, That such notification shall include the amount of the
contribution; the purpose for which such contribution was made; and the
authority under which such contribution was accepted by the Secretary of
Defense: Provided further, <<NOTE: Time period.>> That not fewer than
15 days prior to obligating such funds, the Secretary of Defense shall
submit to the congressional defense committees in writing a notification
of the planned use of such contributions, including whether such
contributions would support existing or new stationing or operations of
the United States Armed Forces.
Sec. 8116. <<NOTE: Reports.>> (a) The Chairman of the Joint Chiefs,
in coordination with the Secretaries of the military departments and the
Chiefs of the Armed Forces, shall submit to the congressional defense
committees, not later than 30 days after the last day of each quarter of
the fiscal year, a report on the use of operation and maintenance funds
for activities or exercises in excess of $5,000,000 that have been
designated by the Secretary of Defense as unplanned activities for
fiscal year 2026.
(b) Each report required by subsection (a) shall also include--
(1) the title, date, and location, of each activity and
exercise covered by the report;
(2) an identification of the military department and units
that participated in each such activity or exercise (including
an estimate of the number of participants);
(3) <<NOTE: Costs.>> the total cost of the activity or
exercise, by budget line item (with a breakdown by cost element
such as transportation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Sec. 8117. <<NOTE: Deadline. Allocations.>> (a) Within 45 days of
enactment of this Act, the Secretary of Defense shall allocate amounts
made available from the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund for fiscal year 2026
pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act
of 2022 (division A of Public Law 117-167), to the account specified, in
the amounts specified, and for the projects and activities specified, in
the table titled ``Department of Defense Allocation of Funds: CHIPS and
Science Act Fiscal Year 2026'' in the report accompanying this Act.
[[Page 140 STAT. 228]]
(b) Neither the President nor his designee may allocate any amounts
that are made available for any fiscal year under section 102(b)(2) of
the CHIPS Act of 2022 if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Department of Defense:
Provided, That in any fiscal year, the matter preceding this proviso
shall not apply to the allocation, apportionment, or allotment of
amounts for continuing administration of programs allocated using funds
transferred from the CHIPS for America Defense Fund, which may be
allocated pursuant to the transfer authority in section 102(b)(1) of the
CHIPS Act of 2022 only in amounts that are no more than the allocation
for such purposes in subsection (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated by
subsection (a) of this section, subject to the terms and conditions
contained in the provisos in section 8005 of this Act: Provided, That
amounts may be reallocated pursuant to this subsection only for those
requirements necessary to carry out section 9903(b) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(d) Concurrent with the annual budget submission of the President
for fiscal year 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.
(e) <<NOTE: Time period. Reports.>> 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. 8118. <<NOTE: Deadline. Notification.>> Not later than 15 days
after the date on which any foreign base that involves the stationing or
operations of the United States Armed Forces, including a temporary
base, permanent base, or base owned and operated by a foreign country,
is opened or closed, the Secretary of Defense shall notify the
congressional defense committees in writing of the opening or closing of
such base: Provided, That such notification shall also include
information on any personnel changes, costs, and savings associated with
the opening or closing of such base.
Sec. 8119. <<NOTE: Iraq. Syria.>> None of the funds appropriated or
otherwise made available by this or any other Act shall be obligated or
expended by the United States Government for any of the following
purposes:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
Sec. 8120. Up to $500,000,000 of the funds appropriated by this Act
under the heading ``Operation and Maintenance, Defense-Wide'' for the
Defense Security Cooperation Agency may be used to support the armed
forces of Jordan.
Sec. 8121. <<NOTE: Reductions.>> The amounts appropriated in title
II of this Act are hereby reduced by $1,050,000,000 to reflect excess
cash balances in Department of Defense Working Capital Funds, as
follows:
[[Page 140 STAT. 229]]
(1) From ``Operation and Maintenance, Army'', $100,000,000;
(2) From ``Operation and Maintenance, Navy'', $450,000,000;
and
(3) From ``Operation and Maintenance, Air Force'',
$500,000,000.
Sec. 8122. <<NOTE: Transfer authority.>> Of the funds appropriated
in this Act under the heading ``Operation and Maintenance, Defense-
Wide'', $47,000,000 shall be for continued implementation and expansion
of the Sexual Assault Special Victims' Counsel Program: Provided, That
the funds are made available for transfer to the Department of the Army,
the Department of the Navy, and the Department of the Air Force:
Provided further, That funds transferred shall be merged with and
available for the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided further,
That this transfer authority is in addition to any other transfer
authority provided in this Act.
Sec. 8123. <<NOTE: Applicability.>> In carrying out the program
described in the memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or Severely Ill/
Injured (Category II or III) Active Duty Service Members'' issued by the
Assistant Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such memorandum, the Secretary of
Defense shall apply such policy and guidance, except that--
(1) <<NOTE: Embryos.>> the limitation on periods regarding
embryo cryopreservation and storage set forth in part III(G) and
in part IV(H) of such memorandum shall not apply; and
(2) <<NOTE: Definition.>> the term ``assisted reproductive
technology'' shall include embryo cryopreservation and storage
without limitation on the duration of such cryopreservation and
storage.
Sec. 8124. The Secretary of Defense may obligate funds made
available by this Act for procurement or for research, development, test
and evaluation for the F-35 Joint Strike Fighter to modify not fewer
than nine F-35 aircraft, including at least three F-35 aircraft of each
variant, for any test configuration: Provided, That
the <<NOTE: Notification. Time period.>> Secretary of Defense shall,
with the concurrence of the Secretary of the Air Force and the Secretary
of the Navy, notify the congressional defense committees not fewer than
30 days prior to obligating funds under this section: Provided further,
That any transfer of funds pursuant to the authority provided in this
section shall be made in accordance with section 8005 of this Act.
Sec. 8125. 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. 8126. <<NOTE: Contracts.>> The Secretary of Defense may use up
to $650,000,000 of the amounts appropriated or otherwise made available
in this Act to the Department of Defense for the rapid acquisition and
deployment of supplies and associated support services pursuant to
section 3601 of title 10, United States Code, but only for the purposes
specified in clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B)
of such section and subject to the applicable limits specified in
clauses (i), (ii), and (iii) of such subsection and, in the case of
clause (iv) of such subsection, subject to a limit of $50,000,000, or
for the purposes specified in section 229 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31) and subject
to a limit of $100,000,000: Provided, <<NOTE: Notification.>> That the
Secretary
[[Page 140 STAT. 230]]
of Defense shall notify the congressional defense committees promptly of
all uses of this authority.
Sec. 8127. <<NOTE: Research and development. Contracts.>>
Notwithstanding section 8056 of this Act, amounts appropriated under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'' of
this Act, as detailed in budget activity eight in the tables titled
Explanation of Project Level Adjustments in the explanatory statement
accompanying this Act for ``Defense Innovation Unit (DIU) Fielding''
line 301, may be used for expenses for agile research, development, test
and evaluation, procurement, production, modification, and operation and
maintenance requirements, including the initial acquisition of end-items
for operational use: Provided, <<NOTE: Time period. Execution
plan.>> That none of these funds may be obligated or expended until 15
days after the Secretary of Defense provides the congressional defense
committees a detailed execution plan for such funds.
Sec. 8128. <<NOTE: Wuhan Institute of Virology. China.>> 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. 8129. <<NOTE: EcoHealth Alliance,
Inc. China. Determination. Waiver authority. Deadline. Submission.>>
None of the funds made available by this Act may be used to fund any
work to be performed by EcoHealth Alliance, Inc. in China on research
supported by the government of China unless the Secretary of Defense
determines that a waiver to such prohibition is in the national security
interests of the United States and, not later than 14 days after
granting such a waiver, submits to the congressional defense committees
a detailed justification for the waiver, including--
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such funds;
(4) an identification of the recipient or prospective
recipient of such funds (including any third-party entity
recipient, as applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines
appropriate.
Sec. 8130. <<NOTE: Khalid Sheikh Mohammed.>> None of the funds
appropriated or otherwise made available in this or any other Act may be
used to transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) <<NOTE: Cuba.>> is or was held on or after June 24,
2009, at United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 8131. <<NOTE: Detainees. Cuba.>> None of the funds
appropriated or otherwise made available in this Act may be used to
transfer any individual detained at United States Naval Station
Guantanamo Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other foreign
entity except in accordance with section 1034 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) and section
1035 of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232).
[[Page 140 STAT. 231]]
Sec. 8132. <<NOTE: Detainees. Cuba.>> (a) None of the funds
appropriated or otherwise made available in this or any other Act may be
used to construct, acquire, or modify any facility in the United States,
its territories, or possessions to house any individual described in
subsection (c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8133. <<NOTE: Cuba.>> 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. 8134. <<NOTE: Loans.>> There is appropriated to the
``Department of Defense Credit Program Account'' established pursuant to
section 149(e)(5) of title 10, United States Code, $97,770,000, to
remain available until expended, to carry out a pilot program on capital
assistance to support defense investment in the industrial base as
authorized by section 149(e) of such title, of which up to $2,500,000
may be used for administrative expenses and project-specific transaction
costs: Provided, That costs of loans and loan guarantees, including the
cost of modifying such loans and loan guarantees, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That such amounts are available to subsidize gross obligations for the
principal amount of loans, and total loan principal, any part of which
is to be guaranteed, not to exceed $4,390,000,000: Provided
further, <<NOTE: Records.>> That, for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the Congressional
Budget Office may request, and the Secretary shall promptly provide
documentation and information relating to a project receiving capital
assistance as authorized under section 149(e) of such title.
Sec. 8135. None of the funds appropriated or otherwise made
available by this Act may be used to divest or prepare to divest more
than eight U-2 aircraft.
Sec. 8136. <<NOTE: Reductions.>> The amounts appropriated in title
II of this Act are hereby reduced by $1,204,617,000 to reflect savings
attributable to efficiencies, streamlining of functions, and management
improvements in the Department of Defense, as follows:
(1) From ``Operation and Maintenance, Army'', $563,288,000;
(2) From ``Operation and Maintenance, Navy'', $109,159,000;
(3) From ``Operation and Maintenance, Marine Corps'',
$9,467,000;
(4) From ``Operation and Maintenance, Air Force'',
$319,765,000;
[[Page 140 STAT. 232]]
(5) From ``Operation and Maintenance, Space Force'',
$6,493,000; and
(6) From ``Operation and Maintenance, Defense-Wide'',
$196,445,000:
Provided, That such reduction may not be derived from amounts
appropriated by this Act for the National Intelligence Program or the
Military Intelligence Program.
Sec. 8137. <<NOTE: Records.>> (a) Concurrent with the annual budget
submission of the President for fiscal year 2027, and each fiscal year
thereafter, pursuant to section 1105(a) of title 31, United States Code,
the Secretary of Defense shall submit to the Committees on
Appropriations of the House of Representatives and the Senate the
following with respect to amounts made available by Public Law 119-21
until all such amounts have been expended:
(1) <<NOTE: Proposed allocations.>> proposed allocations by
account, by fiscal year, and by program, project, or activity,
with detailed justifications;
(2) P-1 and R-1 budget justification documents, which shall
identify the allocation of funds by program, project, and
activity; and
(3) budget justification documents, to be known as M-1 and
O-1, which shall identify the allocation of funds by budget
activity, activity group, and sub-activity group.
(b) <<NOTE: Time period. Reports.>> Subsequent to the submission
required in subsection (a), the Secretary of Defense shall submit to the
Committees on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and activities
funded using amounts described in subsection (a), including all
uncommitted, committed, and unobligated funds, until all such amounts
have been expended.
Sec. 8138. <<NOTE: Contracts.>> The Secretary of Defense shall
obligate funds made available by this or any other Act, including prior
year Acts, under the heading ``Research, Development, Test and
Evaluation, Navy'' for the Next Generation Fighter program for the
purpose of executing the engineering and manufacturing development
contract for the Next Generation Fighter aircraft in a manner that
achieves accelerated Initial Operational Capability: Provided, That none
of the funds made available to the Department of Defense for this fiscal
year or any prior fiscal year may be used to pause, cancel, or terminate
the Next Generation Fighter program.
Sec. 8139. Of the funds provided under the heading ``Operation and
Maintenance, Navy'', not less than $80,000,000 shall be made available
for the establishment of a Platform Supply Vessel Pilot Program (in this
section referred to as the ``Program'') for the purpose of validating
Service requirements necessary to meet at-sea and in-shore logistics
operations: Provided, <<NOTE: Evaluation. Contracts.>> That the Program
shall evaluate options to time charter no less than six, and enter into
a contractual agreement for no less than two time charters: Provided
further, That the condition of the time charter should consider existing
United States-built platform supply vessels that are documented under
the laws of the United States, owned by a citizen of the United States
under 46 U.S.C. 50501, configured for logistics support in the Indo-
Pacific region that can meet the regulatory and physical requirements to
transport nearly 500,000 gallons of various standard fuels, and provide
up to 10,000 square feet of combined deck space for transport of
military equipment and personnel for delivery in and out of shallow
draft ports in the Indo-Pacific region: Provided
further, <<NOTE: Briefing. Deadline.>> That the Secretary of
[[Page 140 STAT. 233]]
the Navy shall provide a briefing within 180 days after the enactment of
this Act to the House and Senate Appropriations Committees on the status
of the Program and the effectiveness of using PSVs to fill this critical
need.
Sec. 8140. Funds made available for the UH-60 Blackhawk aircraft
program under this or any other Act, including prior year Acts, under
the headings ``Aircraft Procurement, Army'' and ``Research, Development,
Test and Evaluation, Army'' shall be obligated only for the purposes for
which such funds were appropriated and such funds may not be
reprogrammed or transferred for other purposes: Provided, That none of
the funds made available to the Department of Defense for this fiscal
year or any prior fiscal year may be used to pause, cancel, or terminate
the UH-60 Blackhawk aircraft program or to prepare to pause, cancel, or
terminate such program.
Sec. 8141. Funds made available for the E-7 Wedgetail aircraft
program under this or any other Act, including prior year Acts, under
the headings ``Aircraft Procurement, Air Force'' and ``Research,
Development, Test and Evaluation, Air Force'' shall be obligated only
for the purposes for which such funds were appropriated and such funds
may not be reprogrammed or transferred for other purposes: Provided,
That none of the funds made available to the Department of Defense for
this fiscal year or any prior fiscal year may be used to pause, cancel,
or terminate the E-7 Wedgetail aircraft program or to prepare to pause,
cancel, or terminate such program.
Sec. 8142. <<NOTE: State listing.>> None of the funds made
available by this Act may be used to close--
(1) the Rock Island Arsenal Museum located in Rock Island
Arsenal, Illinois;
(2) the Fort Sill National Historic Landmark and Museum
located in Lawton, Oklahoma;
(3) the United States Army Transportation Museum located at
Fort Eustis, Virginia; or
(4) the General George Patton Museum of Leadership located
at Fort Knox, Kentucky.
Sec. 8143. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', for the Defense Security
Cooperation Agency, $1,000,000,000, to remain available until September
30, 2027, shall be for the Taiwan Security Cooperation Initiative:
Provided, <<NOTE: Contracts. Taiwan.>> That such funds shall be
available to the Secretary of Defense, with the concurrence of the
Secretary of State, to provide assistance, including new procurement of
defense articles, services, and military education and training to
Taiwan: Provided
further, <<NOTE: Contracts. Taiwan. Notification.>> That equipment
procured using funds made available in this section, and not yet
transferred to Taiwan, or returned by Taiwan to the United States, may
be treated as stocks of the Department of Defense upon written
notification to the congressional defense committees: Provided
further, <<NOTE: Time period. Notification.>> That the Secretary of
Defense shall, not less than 15 days prior to obligating funds made
available in this section, notify the congressional defense committees
in writing of the details of any such obligation: Provided
further, <<NOTE: Time period. Reports.>> That the Secretary of Defense
shall provide quarterly reports to the congressional defense committees
on the use and status of funds made available in this section.
Sec. 8144. Of the amounts appropriated or otherwise made available
by title II of this Act under the heading ``Operation
[[Page 140 STAT. 234]]
and Maintenance, Air Force'', the Secretary of Defense may reimburse the
Federated States of Micronesia in an amount not to exceed $34,000,000
for land acquisition costs for defense sites in Yap.
Sec. 8145. <<NOTE: Reduction.>> The total amount appropriated in
title II of this Act is hereby reduced by $550,000,000 to reflect
savings due to favorable bulk fuel rates: Provided, That such reduction
may not be derived from amounts appropriated by this Act for the
National Intelligence Program or the Military Intelligence Program.
Sec. 8146. <<NOTE: Applicability.>> In making Federal financial
assistance, the Department of Defense shall continue to apply the
negotiated indirect cost rates 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: Provided, 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.
(including transfer of funds)
Sec. 8147. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $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:
Provided, <<NOTE: Contracts. Reimbursement. 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: Provided further, 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: Provided further, <<NOTE: Notification. Time period.>>
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: Provided further, <<NOTE: Determination.>> 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:
Provided further, That the transfer authority provided in this section
is in addition Official legislative text sourced from the public record (cached on CivicsHQ). Display truncated for length.
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
Signed
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. Cole, Tom [R-OK-4]RHouseOK
Cosponsors
No cosponsors on record.
Votes
HouseRoll Call 53Feb 3, 2026
On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 217 - 214 (Roll no. 53).
Vote totals recorded, but member positions were not captured.
SenateRoll Call 20Jan 30, 2026
Passed Senate, under the order of 1/30/2026, having achieved 60 votes in the affirmative, with amendments by Yea-Nay Vote. 71 - 29. Record Vote Number: 20.
Vote totals recorded, but member positions were not captured.
SenateRoll Call 13Jan 29, 2026
Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 45 - 55. Record Vote Number: 13. (CR S361)
Vote totals recorded, but member positions were not captured.
HouseRoll Call 45Jan 22, 2026
On passage Passed by the Yeas and Nays: 341 - 88 (Roll No. 45). (text of amendment in the nature of a substitute: CR H1193-1297)
Vote totals recorded, but member positions were not captured.