Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB2587 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	Calendar No. 181
3	3	118THCONGRESS
4	4	1
5	5	STSESSION S. 2587
6	6	[Report No. 118–81]
7	7	Making appropriations for the Department of Defense for the fiscal year
8	8	ending September 30, 2024, and for other purposes.
9	9	IN THE SENATE OF THE UNITED STATES
10	10	JULY27, 2023
11	11	Mr. T
12	12	ESTER, from the Committee on Appropriations, reported the following
13	13	original bill; which was read twice and placed on the calendar
14	14	A BILL
15	15	Making appropriations for the Department of Defense for
16	16	the fiscal year ending September 30, 2024, and for other
17	17	purposes.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	That the following sums are appropriated, out of any 3
21	21	money in the Treasury not otherwise appropriated, for the 4
22	22	Department of Defense for the fiscal year ending Sep-5
23	23	tember 30, 2024, and for other purposes, namely: 6 2
24	24	•S 2587 RS
25	25	TITLE I 1
26	26	MILITARY PERSONNEL 2
27	27	M
28	28	ILITARYPERSONNEL, ARMY 3
29	29	For pay, allowances, individual clothing, subsistence, 4
30	30	interest on deposits, gratuities, permanent change of sta-5
31	31	tion travel (including all expenses thereof for organiza-6
32	32	tional movements), and expenses of temporary duty travel 7
33	33	between permanent duty stations, for members of the 8
34	34	Army on active duty (except members of reserve compo-9
35	35	nents provided for elsewhere), cadets, and aviation cadets; 10
36	36	for members of the Reserve Officers’ Training Corps; and 11
37	37	for payments pursuant to section 156 of Public Law 97– 12
38	38	377, as amended (42 U.S.C. 402 note), and to the Depart-13
39	39	ment of Defense Military Retirement Fund, 14
40	40	$49,576,005,000. 15
41	41	M
42	42	ILITARYPERSONNEL, NAVY 16
43	43	For pay, allowances, individual clothing, subsistence, 17
44	44	interest on deposits, gratuities, permanent change of sta-18
45	45	tion travel (including all expenses thereof for organiza-19
46	46	tional movements), and expenses of temporary duty travel 20
47	47	between permanent duty stations, for members of the 21
48	48	Navy on active duty (except members of the Reserve pro-22
49	49	vided for elsewhere), midshipmen, and aviation cadets; for 23
50	50	members of the Reserve Officers’ Training Corps; and for 24
51	51	payments pursuant to section 156 of Public Law 97–377, 25 3
52	52	•S 2587 RS
53	53	as amended (42 U.S.C. 402 note), and to the Department 1
54	54	of Defense Military Retirement Fund, $37,400,340,000. 2
55	55	M
56	56	ILITARYPERSONNEL, MARINECORPS 3
57	57	For pay, allowances, individual clothing, subsistence, 4
58	58	interest on deposits, gratuities, permanent change of sta-5
59	59	tion travel (including all expenses thereof for organiza-6
60	60	tional movements), and expenses of temporary duty travel 7
61	61	between permanent duty stations, for members of the Ma-8
62	62	rine Corps on active duty (except members of the Reserve 9
63	63	provided for elsewhere); and for payments pursuant to sec-10
64	64	tion 156 of Public Law 97–377, as amended (42 U.S.C. 11
65	65	402 note), and to the Department of Defense Military Re-12
66	66	tirement Fund, $15,482,551,000. 13
67	67	M
68	68	ILITARYPERSONNEL, AIRFORCE 14
69	69	For pay, allowances, individual clothing, subsistence, 15
70	70	interest on deposits, gratuities, permanent change of sta-16
71	71	tion travel (including all expenses thereof for organiza-17
72	72	tional movements), and expenses of temporary duty travel 18
73	73	between permanent duty stations, for members of the Air 19
74	74	Force on active duty (except members of reserve compo-20
75	75	nents provided for elsewhere), cadets, and aviation cadets; 21
76	76	for members of the Reserve Officers’ Training Corps; and 22
77	77	for payments pursuant to section 156 of Public Law 97– 23
78	78	377, as amended (42 U.S.C. 402 note), and to the Depart-24 4
79	79	•S 2587 RS
80	80	ment of Defense Military Retirement Fund, 1
81	81	$36,118,107,000. 2
82	82	M
83	83	ILITARYPERSONNEL, SPACEFORCE 3
84	84	For pay, allowances, individual clothing, subsistence, 4
85	85	interest on deposits, gratuities, permanent change of sta-5
86	86	tion travel (including all expenses thereof for organiza-6
87	87	tional movements), and expenses of temporary duty travel 7
88	88	between permanent duty stations, for members of the 8
89	89	Space Force on active duty and cadets; for members of 9
90	90	the Reserve Officers Training Corps; and for payments 10
91	91	pursuant to section 156 of Public Law 97–377, as amend-11
92	92	ed (42 U.S.C. 402 note), and to the Department of De-12
93	93	fense Military Retirement Fund, $1,210,928,000. 13
94	94	R
95	95	ESERVEPERSONNEL, ARMY 14
96	96	For pay, allowances, clothing, subsistence, gratuities, 15
97	97	travel, and related expenses for personnel of the Army Re-16
98	98	serve on active duty under sections 10211, 10302, and 17
99	99	7038 of title 10, United States Code, or while serving on 18
100	100	active duty under section 12301(d) of title 10, United 19
101	101	States Code, in connection with performing duty specified 20
102	102	in section 12310(a) of title 10, United States Code, or 21
103	103	while undergoing reserve training, or while performing 22
104	104	drills or equivalent duty or other duty, and expenses au-23
105	105	thorized by section 16131 of title 10, United States Code; 24 5
106	106	•S 2587 RS
107	107	and for payments to the Department of Defense Military 1
108	108	Retirement Fund, $5,333,436,000. 2
109	109	R
110	110	ESERVEPERSONNEL, NAVY 3
111	111	For pay, allowances, clothing, subsistence, gratuities, 4
112	112	travel, and related expenses for personnel of the Navy Re-5
113	113	serve on active duty under section 10211 of title 10, 6
114	114	United States Code, or while serving on active duty under 7
115	115	section 12301(d) of title 10, United States Code, in con-8
116	116	nection with performing duty specified in section 12310(a) 9
117	117	of title 10, United States Code, or while undergoing re-10
118	118	serve training, or while performing drills or equivalent 11
119	119	duty, and expenses authorized by section 16131 of title 12
120	120	10, United States Code; and for payments to the Depart-13
121	121	ment of Defense Military Retirement Fund, 14
122	122	$2,481,249,000. 15
123	123	R
124	124	ESERVEPERSONNEL, MARINECORPS 16
125	125	For pay, allowances, clothing, subsistence, gratuities, 17
126	126	travel, and related expenses for personnel of the Marine 18
127	127	Corps Reserve on active duty under section 10211 of title 19
128	128	10, United States Code, or while serving on active duty 20
129	129	under section 12301(d) of title 10, United States Code, 21
130	130	in connection with performing duty specified in section 22
131	131	12310(a) of title 10, United States Code, or while under-23
132	132	going reserve training, or while performing drills or equiv-24
133	133	alent duty, and for members of the Marine Corps platoon 25 6
134	134	•S 2587 RS
135	135	leaders class, and expenses authorized by section 16131 1
136	136	of title 10, United States Code; and for payments to the 2
137	137	Department of Defense Military Retirement Fund, 3
138	138	$879,613,000. 4
139	139	R
140	140	ESERVEPERSONNEL, AIRFORCE 5
141	141	For pay, allowances, clothing, subsistence, gratuities, 6
142	142	travel, and related expenses for personnel of the Air Force 7
143	143	Reserve on active duty under sections 10211, 10305, and 8
144	144	8038 of title 10, United States Code, or while serving on 9
145	145	active duty under section 12301(d) of title 10, United 10
146	146	States Code, in connection with performing duty specified 11
147	147	in section 12310(a) of title 10, United States Code, or 12
148	148	while undergoing reserve training, or while performing 13
149	149	drills or equivalent duty or other duty, and expenses au-14
150	150	thorized by section 16131 of title 10, United States Code; 15
151	151	and for payments to the Department of Defense Military 16
152	152	Retirement Fund, $2,450,005,000. 17
153	153	N
154	154	ATIONALGUARDPERSONNEL, ARMY 18
155	155	For pay, allowances, clothing, subsistence, gratuities, 19
156	156	travel, and related expenses for personnel of the Army Na-20
157	157	tional Guard while on duty under sections 10211, 10302, 21
158	158	or 12402 of title 10 or section 708 of title 32, United 22
159	159	States Code, or while serving on duty under section 23
160	160	12301(d) of title 10 or section 502(f) of title 32, United 24
161	161	States Code, in connection with performing duty specified 25 7
162	162	•S 2587 RS
163	163	in section 12310(a) of title 10, United States Code, or 1
164	164	while undergoing training, or while performing drills or 2
165	165	equivalent duty or other duty, and expenses authorized by 3
166	166	section 16131 of title 10, United States Code; and for pay-4
167	167	ments to the Department of Defense Military Retirement 5
168	168	Fund, $9,786,667,000. 6
169	169	N
170	170	ATIONALGUARDPERSONNEL, AIRFORCE 7
171	171	For pay, allowances, clothing, subsistence, gratuities, 8
172	172	travel, and related expenses for personnel of the Air Na-9
173	173	tional Guard on duty under sections 10211, 10305, or 10
174	174	12402 of title 10 or section 708 of title 32, United States 11
175	175	Code, or while serving on duty under section 12301(d) of 12
176	176	title 10 or section 502(f) of title 32, United States Code, 13
177	177	in connection with performing duty specified in section 14
178	178	12310(a) of title 10, United States Code, or while under-15
179	179	going training, or while performing drills or equivalent 16
180	180	duty or other duty, and expenses authorized by section 17
181	181	16131 of title 10, United States Code; and for payments 18
182	182	to the Department of Defense Military Retirement Fund, 19
183	183	$5,264,865,000. 20 8
184	184	•S 2587 RS
185	185	TITLE II 1
186	186	OPERATION AND MAINTENANCE 2
187	187	O
188	188	PERATION ANDMAINTENANCE, ARMY 3
189	189	For expenses, not otherwise provided for, necessary 4
190	190	for the operation and maintenance of the Army, as author-5
191	191	ized by law, $59,904,900,000: Provided, That not to ex-6
192	192	ceed $12,478,000 may be used for emergencies and ex-7
193	193	traordinary expenses, to be expended upon the approval 8
194	194	or authority of the Secretary of the Army, and payments 9
195	195	may be made upon the Secretary’s certificate of necessity 10
196	196	for confidential military purposes. 11
197	197	O
198	198	PERATION ANDMAINTENANCE, NAVY 12
199	199	For expenses, not otherwise provided for, necessary 13
200	200	for the operation and maintenance of the Navy and the 14
201	201	Marine Corps, as authorized by law, $72,224,550,000: 15
202	202	Provided, That not to exceed $15,055,000 may be used 16
203	203	for emergencies and extraordinary expenses, to be ex-17
204	204	pended upon the approval or authority of the Secretary 18
205	205	of the Navy, and payments may be made upon the Sec-19
206	206	retary’s certificate of necessity for confidential military 20
207	207	purposes. 21
208	208	O
209	209	PERATION ANDMAINTENANCE, MARINECORPS 22
210	210	For expenses, not otherwise provided for, necessary 23
211	211	for the operation and maintenance of the Marine Corps, 24
212	212	as authorized by law, $10,299,917,000. 25 9
213	213	•S 2587 RS
214	214	OPERATION ANDMAINTENANCE, AIRFORCE 1
215	215	For expenses, not otherwise provided for, necessary 2
216	216	for the operation and maintenance of the Air Force, as 3
217	217	authorized by law, $62,449,894,000: Provided, That not 4
218	218	to exceed $7,699,000 may be used for emergencies and 5
219	219	extraordinary expenses, to be expended upon the approval 6
220	220	or authority of the Secretary of the Air Force, and pay-7
221	221	ments may be made upon the Secretary’s certificate of ne-8
222	222	cessity for confidential military purposes. 9
223	223	O
224	224	PERATION ANDMAINTENANCE, SPACEFORCE 10
225	225	For expenses, not otherwise provided for, necessary 11
226	226	for the operation and maintenance of the Space Force, as 12
227	227	authorized by law, $4,958,408,000. 13
228	228	O
229	229	PERATION ANDMAINTENANCE, DEFENSE-WIDE 14
230	230	(INCLUDING TRANSFER OF FUNDS) 15
231	231	For expenses, not otherwise provided for, necessary 16
232	232	for the operation and maintenance of activities and agen-17
233	233	cies of the Department of Defense (other than the military 18
234	234	departments), as authorized by law, $52,508,990,000: 19
235	235	Provided, That not more than $2,981,000 may be used 20
236	236	for the Combatant Commander Initiative Fund authorized 21
237	237	under section 166a of title 10, United States Code: Pro-22
238	238	vided further, That not to exceed $36,000,000 may be 23
239	239	used for emergencies and extraordinary expenses, to be ex-24
240	240	pended upon the approval or authority of the Secretary 25 10
241	241	•S 2587 RS
242	242	of Defense, and payments may be made upon the Sec-1
243	243	retary’s certificate of necessity for confidential military 2
244	244	purposes: Provided further, That of the funds provided 3
245	245	under this heading, not less than $55,000,000 shall be 4
246	246	made available for the Procurement Technical Assistance 5
247	247	Cooperative Agreement Program, of which not less than 6
248	248	$5,000,000 shall be available for centers with eligible enti-7
249	249	ties defined in 10 U.S.C. 4951(1)(D): Provided further, 8
250	250	That none of the funds appropriated or otherwise made 9
251	251	available by this Act may be used to plan or implement 10
252	252	the consolidation of a budget or appropriations liaison of-11
253	253	fice of the Office of the Secretary of Defense, the office 12
254	254	of the Secretary of a military department, or the service 13
255	255	headquarters of one of the Armed Forces into a legislative 14
256	256	affairs or legislative liaison office: Provided further, That 15
257	257	of the funds provided under this heading, $3,000,000, to 16
258	258	remain available until September 30, 2025, shall be avail-17
259	259	able only for expenses relating to certain classified activi-18
260	260	ties: Provided further, That of the funds provided under 19
261	261	this heading, $25,968,000, to remain available until ex-20
262	262	pended, shall be available only for expenses relating to cer-21
263	263	tain classified activities, and may be transferred as nec-22
264	264	essary by the Secretary of Defense to operation and main-23
265	265	tenance appropriations or research, development, test and 24
266	266	evaluation appropriations, to be merged with and to be 25 11
267	267	•S 2587 RS
268	268	available for the same time period as the appropriations 1
269	269	to which transferred: Provided further, That any ceiling 2
270	270	on the investment item unit cost of items that may be pur-3
271	271	chased with operation and maintenance funds shall not 4
272	272	apply to the funds described in the preceding proviso: Pro-5
273	273	vided further, That of the funds provided under this head-6
274	274	ing, $2,241,600,000, of which $1,316,031,000, to remain 7
275	275	available until September 30, 2025, shall be available to 8
276	276	provide support and assistance to foreign security forces 9
277	277	or other groups or individuals to conduct, support or facili-10
278	278	tate counterterrorism, crisis response, or other Depart-11
279	279	ment of Defense security cooperation programs: Provided 12
280	280	further, That the transfer authority provided under this 13
281	281	heading is in addition to any other transfer authority pro-14
282	282	vided elsewhere in this Act. 15
283	283	C
284	284	OUNTER-ISIS TRAIN ANDEQUIPFUND 16
285	285	For the ‘‘Counter-Islamic State of Iraq and Syria 17
286	286	Train and Equip Fund’’, $372,950,000, to remain avail-18
287	287	able until September 30, 2025: Provided, That such funds 19
288	288	shall be available to the Secretary of Defense in coordina-20
289	289	tion with the Secretary of State, to provide assistance, in-21
290	290	cluding training; equipment; logistics support, supplies, 22
291	291	and services; stipends; infrastructure repair and renova-23
292	292	tion; construction for facility fortification and humane 24
293	293	treatment; and sustainment, to foreign security forces, ir-25 12
294	294	•S 2587 RS
295	295	regular forces, groups, or individuals participating, or pre-1
296	296	paring to participate in activities to counter the Islamic 2
297	297	State of Iraq and Syria, and their affiliated or associated 3
298	298	groups: Provided further, That amounts made available 4
299	299	under this heading shall be available to provide assistance 5
300	300	only for activities in a country designated by the Secretary 6
301	301	of Defense, in coordination with the Secretary of State, 7
302	302	as having a security mission to counter the Islamic State 8
303	303	of Iraq and Syria, and following written notification to the 9
304	304	congressional defense committees of such designation: 10
305	305	Provided further, That the Secretary of Defense shall en-11
306	306	sure that prior to providing assistance to elements of any 12
307	307	forces or individuals, such elements or individuals are ap-13
308	308	propriately vetted, including at a minimum, assessing such 14
309	309	elements for associations with terrorist groups or groups 15
310	310	associated with the Government of Iran; and receiving 16
311	311	commitments from such elements to promote respect for 17
312	312	human rights and the rule of law: Provided further, That 18
313	313	the Secretary of Defense shall, not fewer than 15 days 19
314	314	prior to obligating from this appropriation account, notify 20
315	315	the congressional defense committees in writing of the de-21
316	316	tails of any such obligation: Provided further, That the 22
317	317	Secretary of Defense may accept and retain contributions, 23
318	318	including assistance in-kind, from foreign governments, 24
319	319	including the Government of Iraq and other entities, to 25 13
320	320	•S 2587 RS
321	321	carry out assistance authorized under this heading: Pro-1
322	322	vided further, That contributions of funds for the purposes 2
323	323	provided herein from any foreign government or other en-3
324	324	tity may be credited to this Fund, to remain available until 4
325	325	expended, and used for such purposes: Provided further, 5
326	326	That the Secretary of Defense shall prioritize such con-6
327	327	tributions when providing any assistance for construction 7
328	328	for facility fortification: Provided further, That the Sec-8
329	329	retary of Defense may waive a provision of law relating 9
330	330	to the acquisition of items and support services or sections 10
331	331	40 and 40A of the Arms Export Control Act (22 U.S.C. 11
332	332	2780 and 2785) if the Secretary determines that such pro-12
333	333	vision of law would prohibit, restrict, delay or otherwise 13
334	334	limit the provision of such assistance and a notice of and 14
335	335	justification for such waiver is submitted to the congres-15
336	336	sional defense committees, the Committees on Appropria-16
337	337	tions and Foreign Relations of the Senate and the Com-17
338	338	mittees on Appropriations and Foreign Affairs of the 18
339	339	House of Representatives: Provided further, That the 19
340	340	United States may accept equipment procured using funds 20
341	341	provided under this heading, or under the heading, ‘‘Iraq 21
342	342	Train and Equip Fund’’ in prior Acts, that was trans-22
343	343	ferred to security forces, irregular forces, or groups par-23
344	344	ticipating, or preparing to participate in activities to 24
345	345	counter the Islamic State of Iraq and Syria and returned 25 14
346	346	•S 2587 RS
347	347	by such forces or groups to the United States, and such 1
348	348	equipment may be treated as stocks of the Department 2
349	349	of Defense upon written notification to the congressional 3
350	350	defense committees: Provided further, That equipment 4
351	351	procured using funds provided under this heading, or 5
352	352	under the heading, ‘‘Iraq Train and Equip Fund’’ in prior 6
353	353	Acts, and not yet transferred to security forces, irregular 7
354	354	forces, or groups participating, or preparing to participate 8
355	355	in activities to counter the Islamic State of Iraq and Syria 9
356	356	may be treated as stocks of the Department of Defense 10
357	357	when determined by the Secretary to no longer be required 11
358	358	for transfer to such forces or groups and upon written 12
359	359	notification to the congressional defense committees: Pro-13
360	360	vided further, That the Secretary of Defense shall provide 14
361	361	quarterly reports to the congressional defense committees 15
362	362	on the use of funds provided under this heading, including, 16
363	363	but not limited to, the number of individuals trained, the 17
364	364	nature and scope of support and sustainment provided to 18
365	365	each group or individual, the area of operations for each 19
366	366	group, and the contributions of other countries, groups, 20
367	367	or individuals. 21
368	368	O
369	369	PERATION ANDMAINTENANCE, ARMYRESERVE 22
370	370	For expenses, not otherwise provided for, necessary 23
371	371	for the operation and maintenance, including training, or-24
372	372	ganization, and administration, of the Army Reserve; re-25 15
373	373	•S 2587 RS
374	374	pair of facilities and equipment; hire of passenger motor 1
375	375	vehicles; travel and transportation; care of the dead; re-2
376	376	cruiting; procurement of services, supplies, and equip-3
377	377	ment; and communications, $3,623,948,000. 4
378	378	O
379	379	PERATION ANDMAINTENANCE, NAVYRESERVE 5
380	380	For expenses, not otherwise provided for, necessary 6
381	381	for the operation and maintenance, including training, or-7
382	382	ganization, and administration, of the Navy Reserve; re-8
383	383	pair of facilities and equipment; hire of passenger motor 9
384	384	vehicles; travel and transportation; care of the dead; re-10
385	385	cruiting; procurement of services, supplies, and equip-11
386	386	ment; and communications, $1,384,310,000. 12
387	387	O
388	388	PERATION ANDMAINTENANCE, MARINECORPS 13
389	389	R
390	390	ESERVE 14
391	391	For expenses, not otherwise provided for, necessary 15
392	392	for the operation and maintenance, including training, or-16
393	393	ganization, and administration, of the Marine Corps Re-17
394	394	serve; repair of facilities and equipment; hire of passenger 18
395	395	motor vehicles; travel and transportation; care of the dead; 19
396	396	recruiting; procurement of services, supplies, and equip-20
397	397	ment; and communications, $329,895,000. 21
398	398	O
399	399	PERATION ANDMAINTENANCE, AIRFORCERESERVE 22
400	400	For expenses, not otherwise provided for, necessary 23
401	401	for the operation and maintenance, including training, or-24
402	402	ganization, and administration, of the Air Force Reserve; 25 16
403	403	•S 2587 RS
404	404	repair of facilities and equipment; hire of passenger motor 1
405	405	vehicles; travel and transportation; care of the dead; re-2
406	406	cruiting; procurement of services, supplies, and equip-3
407	407	ment; and communications, $4,003,756,000. 4
408	408	O
409	409	PERATION ANDMAINTENANCE, ARMYNATIONAL 5
410	410	G
411	411	UARD 6
412	412	For expenses of training, organizing, and admin-7
413	413	istering the Army National Guard, including medical and 8
414	414	hospital treatment and related expenses in non-Federal 9
415	415	hospitals; maintenance, operation, and repairs to struc-10
416	416	tures and facilities; hire of passenger motor vehicles; per-11
417	417	sonnel services in the National Guard Bureau; travel ex-12
418	418	penses (other than mileage), as authorized by law for 13
419	419	Army personnel on active duty, for Army National Guard 14
420	420	division, regimental, and battalion commanders while in-15
421	421	specting units in compliance with National Guard Bureau 16
422	422	regulations when specifically authorized by the Chief, Na-17
423	423	tional Guard Bureau; supplying and equipping the Army 18
424	424	National Guard as authorized by law; and expenses of re-19
425	425	pair, modification, maintenance, and issue of supplies and 20
426	426	equipment (including aircraft), $8,706,797,000. 21
427	427	O
428	428	PERATION ANDMAINTENANCE, AIRNATIONALGUARD 22
429	429	For expenses of training, organizing, and admin-23
430	430	istering the Air National Guard, including medical and 24
431	431	hospital treatment and related expenses in non-Federal 25 17
432	432	•S 2587 RS
433	433	hospitals; maintenance, operation, and repairs to struc-1
434	434	tures and facilities; transportation of things, hire of pas-2
435	435	senger motor vehicles; supplying and equipping the Air 3
436	436	National Guard, as authorized by law; expenses for repair, 4
437	437	modification, maintenance, and issue of supplies and 5
438	438	equipment, including those furnished from stocks under 6
439	439	the control of agencies of the Department of Defense; 7
440	440	travel expenses (other than mileage) on the same basis as 8
441	441	authorized by law for Air National Guard personnel on 9
442	442	active Federal duty, for Air National Guard commanders 10
443	443	while inspecting units in compliance with National Guard 11
444	444	Bureau regulations when specifically authorized by the 12
445	445	Chief, National Guard Bureau, $7,268,605,000. 13
446	446	U
447	447	NITEDSTATESCOURT OFAPPEALS FOR THEARMED 14
448	448	F
449	449	ORCES 15
450	450	For salaries and expenses necessary for the United 16
451	451	States Court of Appeals for the Armed Forces, 17
452	452	$16,620,000, of which not to exceed $10,000 may be used 18
453	453	for official representation purposes. 19
454	454	E
455	455	NVIRONMENTAL RESTORATION, ARMY 20
456	456	(INCLUDING TRANSFER OF FUNDS) 21
457	457	For the Department of the Army, $265,860,000, to 22
458	458	remain available until transferred: Provided, That the Sec-23
459	459	retary of the Army shall, upon determining that such 24
460	460	funds are required for environmental restoration, reduc-25 18
461	461	•S 2587 RS
462	462	tion and recycling of hazardous waste, removal of unsafe 1
463	463	buildings and debris of the Department of the Army, or 2
464	464	for similar purposes, transfer the funds made available by 3
465	465	this appropriation to other appropriations made available 4
466	466	to the Department of the Army, to be merged with and 5
467	467	to be available for the same purposes and for the same 6
468	468	time period as the appropriations to which transferred: 7
469	469	Provided further, That upon a determination that all or 8
470	470	part of the funds transferred from this appropriation are 9
471	471	not necessary for the purposes provided herein, such 10
472	472	amounts may be transferred back to this appropriation: 11
473	473	Provided further, That the transfer authority provided 12
474	474	under this heading is in addition to any other transfer au-13
475	475	thority provided elsewhere in this Act. 14
476	476	E
477	477	NVIRONMENTAL RESTORATION, NAVY 15
478	478	(INCLUDING TRANSFER OF FUNDS) 16
479	479	For the Department of the Navy, $405,240,000, to 17
480	480	remain available until transferred: Provided, That the Sec-18
481	481	retary of the Navy shall, upon determining that such 19
482	482	funds are required for environmental restoration, reduc-20
483	483	tion and recycling of hazardous waste, removal of unsafe 21
484	484	buildings and debris of the Department of the Navy, or 22
485	485	for similar purposes, transfer the funds made available by 23
486	486	this appropriation to other appropriations made available 24
487	487	to the Department of the Navy, to be merged with and 25 19
488	488	•S 2587 RS
489	489	to be available for the same purposes and for the same 1
490	490	time period as the appropriations to which transferred: 2
491	491	Provided further, That upon a determination that all or 3
492	492	part of the funds transferred from this appropriation are 4
493	493	not necessary for the purposes provided herein, such 5
494	494	amounts may be transferred back to this appropriation: 6
495	495	Provided further, That the transfer authority provided 7
496	496	under this heading is in addition to any other transfer au-8
497	497	thority provided elsewhere in this Act. 9
498	498	E
499	499	NVIRONMENTAL RESTORATION, AIRFORCE 10
500	500	(INCLUDING TRANSFER OF FUNDS) 11
501	501	For the Department of the Air Force, $406,744,000, 12
502	502	to remain available until transferred: Provided, That the 13
503	503	Secretary of the Air Force shall, upon determining that 14
504	504	such funds are required for environmental restoration, re-15
505	505	duction and recycling of hazardous waste, removal of un-16
506	506	safe buildings and debris of the Department of the Air 17
507	507	Force, or for similar purposes, transfer the funds made 18
508	508	available by this appropriation to other appropriations 19
509	509	made available to the Department of the Air Force, to be 20
510	510	merged with and to be available for the same purposes 21
511	511	and for the same time period as the appropriations to 22
512	512	which transferred: Provided further, That upon a deter-23
513	513	mination that all or part of the funds transferred from 24
514	514	this appropriation are not necessary for the purposes pro-25 20
515	515	•S 2587 RS
516	516	vided herein, such amounts may be transferred back to 1
517	517	this appropriation: Provided further, That the transfer au-2
518	518	thority provided under this heading is in addition to any 3
519	519	other transfer authority provided elsewhere in this Act. 4
520	520	E
521	521	NVIRONMENTAL RESTORATION, DEFENSE-WIDE 5
522	522	(INCLUDING TRANSFER OF FUNDS) 6
523	523	For the Department of Defense, $8,965,000, to re-7
524	524	main available until transferred: Provided, That the Sec-8
525	525	retary of Defense shall, upon determining that such funds 9
526	526	are required for environmental restoration, reduction and 10
527	527	recycling of hazardous waste, removal of unsafe buildings 11
528	528	and debris of the Department of Defense, or for similar 12
529	529	purposes, transfer the funds made available by this appro-13
530	530	priation to other appropriations made available to the De-14
531	531	partment of Defense, to be merged with and to be avail-15
532	532	able for the same purposes and for the same time period 16
533	533	as the appropriations to which transferred: Provided fur-17
534	534	ther, That upon a determination that all or part of the 18
535	535	funds transferred from this appropriation are not nec-19
536	536	essary for the purposes provided herein, such amounts 20
537	537	may be transferred back to this appropriation: Provided 21
538	538	further, That the transfer authority provided under this 22
539	539	heading is in addition to any other transfer authority pro-23
540	540	vided elsewhere in this Act. 24 21
541	541	•S 2587 RS
542	542	ENVIRONMENTAL RESTORATION, FORMERLYUSED 1
543	543	D
544	544	EFENSESITES 2
545	545	(INCLUDING TRANSFER OF FUNDS) 3
546	546	For the Department of the Army, $232,806,000, to 4
547	547	remain available until transferred: Provided, That the Sec-5
548	548	retary of the Army shall, upon determining that such 6
549	549	funds are required for environmental restoration, reduc-7
550	550	tion and recycling of hazardous waste, removal of unsafe 8
551	551	buildings and debris at sites formerly used by the Depart-9
552	552	ment of Defense, transfer the funds made available by this 10
553	553	appropriation to other appropriations made available to 11
554	554	the Department of the Army, to be merged with and to 12
555	555	be available for the same purposes and for the same time 13
556	556	period as the appropriations to which transferred: Pro-14
557	557	vided further, That upon a determination that all or part 15
558	558	of the funds transferred from this appropriation are not 16
559	559	necessary for the purposes provided herein, such amounts 17
560	560	may be transferred back to this appropriation: Provided 18
561	561	further, That the transfer authority provided under this 19
562	562	heading is in addition to any other transfer authority pro-20
563	563	vided elsewhere in this Act. 21
564	564	O
565	565	VERSEASHUMANITARIAN, DISASTER, ANDCIVICAID 22
566	566	For expenses relating to the Overseas Humanitarian, 23
567	567	Disaster, and Civic Aid programs of the Department of 24
568	568	Defense (consisting of the programs provided under sec-25 22
569	569	•S 2587 RS
570	570	tions 401, 402, 404, 407, 2557, and 2561 of title 10, 1
571	571	United States Code), $114,900,000, to remain available 2
572	572	until September 30, 2025. 3
573	573	C
574	574	OOPERATIVETHREATREDUCTIONACCOUNT 4
575	575	For assistance, including assistance provided by con-5
576	576	tract or by grants, under programs and activities of the 6
577	577	Department of Defense Cooperative Threat Reduction 7
578	578	Program authorized under the Department of Defense Co-8
579	579	operative Threat Reduction Act, $350,999,000, to remain 9
580	580	available until September 30, 2026. 10
581	581	D
582	582	EPARTMENT OFDEFENSEACQUISITIONWORKFORCE 11
583	583	D
584	584	EVELOPMENTACCOUNT 12
585	585	For the Department of Defense Acquisition Work-13
586	586	force Development Account, $79,977,000: Provided, That 14
587	587	no other amounts may be otherwise credited or transferred 15
588	588	to the Account, or deposited into the Account, in fiscal 16
589	589	year 2024 pursuant to section 1705(d) of title 10, United 17
590	590	States Code. 18 23
591	591	•S 2587 RS
592	592	TITLE III 1
593	593	PROCUREMENT 2
594	594	A
595	595	IRCRAFTPROCUREMENT, ARMY 3
596	596	For construction, procurement, production, modifica-4
597	597	tion, and modernization of aircraft, equipment, including 5
598	598	ordnance, ground handling equipment, spare parts, and 6
599	599	accessories therefor; specialized equipment and training 7
600	600	devices; expansion of public and private plants, including 8
601	601	the land necessary therefor, for the foregoing purposes, 9
602	602	and such lands and interests therein, may be acquired, 10
603	603	and construction prosecuted thereon prior to approval of 11
604	604	title; and procurement and installation of equipment, ap-12
605	605	pliances, and machine tools in public and private plants; 13
606	606	reserve plant and Government and contractor-owned 14
607	607	equipment layaway; and other expenses necessary for the 15
608	608	foregoing purposes, $3,154,007,000, to remain available 16
609	609	for obligation until September 30, 2026. 17
610	610	M
611	611	ISSILEPROCUREMENT, ARMY 18
612	612	For construction, procurement, production, modifica-19
613	613	tion, and modernization of missiles, equipment, including 20
614	614	ordnance, ground handling equipment, spare parts, and 21
615	615	accessories therefor; specialized equipment and training 22
616	616	devices; expansion of public and private plants, including 23
617	617	the land necessary therefor, for the foregoing purposes, 24
618	618	and such lands and interests therein, may be acquired, 25 24
619	619	•S 2587 RS
620	620	and construction prosecuted thereon prior to approval of 1
621	621	title; and procurement and installation of equipment, ap-2
622	622	pliances, and machine tools in public and private plants; 3
623	623	reserve plant and Government and contractor-owned 4
624	624	equipment layaway; and other expenses necessary for the 5
625	625	foregoing purposes, $4,826,906,000, to remain available 6
626	626	for obligation until September 30, 2026. 7
627	627	P
628	628	ROCUREMENT OF WEAPONS ANDTRACKEDCOMBAT 8
629	629	V
630	630	EHICLES, ARMY 9
631	631	For construction, procurement, production, and 10
632	632	modification of weapons and tracked combat vehicles, 11
633	633	equipment, including ordnance, spare parts, and acces-12
634	634	sories therefor; specialized equipment and training devices; 13
635	635	expansion of public and private plants, including the land 14
636	636	necessary therefor, for the foregoing purposes, and such 15
637	637	lands and interests therein, may be acquired, and con-16
638	638	struction prosecuted thereon prior to approval of title; and 17
639	639	procurement and installation of equipment, appliances, 18
640	640	and machine tools in public and private plants; reserve 19
641	641	plant and Government and contractor-owned equipment 20
642	642	layaway; and other expenses necessary for the foregoing 21
643	643	purposes, $4,070,011,000, to remain available for obliga-22
644	644	tion until September 30, 2026. 23 25
645	645	•S 2587 RS
646	646	PROCUREMENT OF AMMUNITION, ARMY 1
647	647	For construction, procurement, production, and 2
648	648	modification of ammunition, and accessories therefor; spe-3
649	649	cialized equipment and training devices; expansion of pub-4
650	650	lic and private plants, including ammunition facilities, au-5
651	651	thorized by section 2854 of title 10, United States Code, 6
652	652	and the land necessary therefor, for the foregoing pur-7
653	653	poses, and such lands and interests therein, may be ac-8
654	654	quired, and construction prosecuted thereon prior to ap-9
655	655	proval of title; and procurement and installation of equip-10
656	656	ment, appliances, and machine tools in public and private 11
657	657	plants; reserve plant and Government and contractor- 12
658	658	owned equipment layaway; and other expenses necessary 13
659	659	for the foregoing purposes, $2,888,332,000, to remain 14
660	660	available for obligation until September 30, 2026. 15
661	661	O
662	662	THERPROCUREMENT, ARMY 16
663	663	For construction, procurement, production, and 17
664	664	modification of vehicles, including tactical, support, and 18
665	665	non-tracked combat vehicles; the purchase of passenger 19
666	666	motor vehicles for replacement only; communications and 20
667	667	electronic equipment; other support equipment; spare 21
668	668	parts, ordnance, and accessories therefor; specialized 22
669	669	equipment and training devices; expansion of public and 23
670	670	private plants, including the land necessary therefor, for 24
671	671	the foregoing purposes, and such lands and interests 25 26
672	672	•S 2587 RS
673	673	therein, may be acquired, and construction prosecuted 1
674	674	thereon prior to approval of title; and procurement and 2
675	675	installation of equipment, appliances, and machine tools 3
676	676	in public and private plants; reserve plant and Govern-4
677	677	ment and contractor-owned equipment layaway; and other 5
678	678	expenses necessary for the foregoing purposes, 6
679	679	$8,402,000,000, to remain available for obligation until 7
680	680	September 30, 2026. 8
681	681	A
682	682	IRCRAFTPROCUREMENT, NAVY 9
683	683	For construction, procurement, production, modifica-10
684	684	tion, and modernization of aircraft, equipment, including 11
685	685	ordnance, spare parts, and accessories therefor; specialized 12
686	686	equipment; expansion of public and private plants, includ-13
687	687	ing the land necessary therefor, and such lands and inter-14
688	688	ests therein, may be acquired, and construction prosecuted 15
689	689	thereon prior to approval of title; and procurement and 16
690	690	installation of equipment, appliances, and machine tools 17
691	691	in public and private plants; reserve plant and Govern-18
692	692	ment and contractor-owned equipment layaway, 19
693	693	$18,759,061,000, to remain available for obligation until 20
694	694	September 30, 2026. 21
695	695	W
696	696	EAPONSPROCUREMENT, NAVY 22
697	697	For construction, procurement, production, modifica-23
698	698	tion, and modernization of missiles, torpedoes, other weap-24
699	699	ons, and related support equipment including spare parts, 25 27
700	700	•S 2587 RS
701	701	and accessories therefor; expansion of public and private 1
702	702	plants, including the land necessary therefor, and such 2
703	703	lands and interests therein, may be acquired, and con-3
704	704	struction prosecuted thereon prior to approval of title; and 4
705	705	procurement and installation of equipment, appliances, 5
706	706	and machine tools in public and private plants; reserve 6
707	707	plant and Government and contractor-owned equipment 7
708	708	layaway, $6,124,220,000, to remain available for obliga-8
709	709	tion until September 30, 2026. 9
710	710	P
711	711	ROCUREMENT OF AMMUNITION, NAVY ANDMARINE 10
712	712	C
713	713	ORPS 11
714	714	For construction, procurement, production, and 12
715	715	modification of ammunition, and accessories therefor; spe-13
716	716	cialized equipment and training devices; expansion of pub-14
717	717	lic and private plants, including ammunition facilities, au-15
718	718	thorized by section 2854 of title 10, United States Code, 16
719	719	and the land necessary therefor, for the foregoing pur-17
720	720	poses, and such lands and interests therein, may be ac-18
721	721	quired, and construction prosecuted thereon prior to ap-19
722	722	proval of title; and procurement and installation of equip-20
723	723	ment, appliances, and machine tools in public and private 21
724	724	plants; reserve plant and Government and contractor- 22
725	725	owned equipment layaway; and other expenses necessary 23
726	726	for the foregoing purposes, $1,187,912,000, to remain 24
727	727	available for obligation until September 30, 2026. 25 28
728	728	•S 2587 RS
729	729	SHIPBUILDING ANDCONVERSION, NAVY 1
730	730	For expenses necessary for the construction, acquisi-2
731	731	tion, or conversion of vessels as authorized by law, includ-3
732	732	ing armor and armament thereof, plant equipment, appli-4
733	733	ances, and machine tools and installation thereof in public 5
734	734	and private plants; reserve plant and Government and con-6
735	735	tractor-owned equipment layaway; procurement of critical, 7
736	736	long lead time components and designs for vessels to be 8
737	737	constructed or converted in the future; and expansion of 9
738	738	public and private plants, including land necessary there-10
739	739	for, and such lands and interests therein, may be acquired, 11
740	740	and construction prosecuted thereon prior to approval of 12
741	741	title, as follows: 13
742	742	Columbia Class Submarine, $2,443,598,000; 14
743	743	Columbia Class Submarine (AP), 15
744	744	$3,390,734,000; 16
745	745	Carrier Replacement Program (CVN–80), 17
746	746	$1,115,296,000; 18
747	747	Carrier Replacement Program (CVN–81), 19
748	748	$800,492,000; 20
749	749	Virginia Class Submarine, $7,129,965,000; 21
750	750	Virginia Class Submarine (AP), 22
751	751	$3,158,782,000; 23
752	752	CVN Refueling Overhauls (AP), $488,446,000; 24
753	753	DDG–1000 Program, $410,400,000; 25 29
754	754	•S 2587 RS
755	755	DDG–51 Destroyer, $4,499,179,000; 1
756	756	DDG–51 Destroyer (AP), $1,641,335,000; 2
757	757	FFG–Frigate, $2,223,698,000; 3
758	758	LPD Flight II (AP), $500,000,000; 4
759	759	LHA Replacement, $1,830,149,000; 5
760	760	TAO Fleet Oiler, $815,420,000; 6
761	761	TAGOS Surtass Ship, $513,466,000; 7
762	762	LCU 1700, $62,532,000; 8
763	763	Service Craft, $93,815,000; 9
764	764	Auxiliary Personnel Lighter, $72,000,000; 10
765	765	LCAC SLEP, $15,286,000; 11
766	766	Auxiliary Vessels, $142,008,000; 12
767	767	For outfitting, post delivery, conversions, and 13
768	768	first destination transportation, $513,937,000; and 14
769	769	Completion of Prior Year Shipbuilding Pro-15
770	770	grams, $1,390,093,000. 16
771	771	In all: $33,250,631,000, to remain available for obli-17
772	772	gation until September 30, 2028: Provided, That addi-18
773	773	tional obligations may be incurred after September 30, 19
774	774	2028, for engineering services, tests, evaluations, and 20
775	775	other such budgeted work that must be performed in the 21
776	776	final stage of ship construction: Provided further, That 22
777	777	none of the funds provided under this heading for the con-23
778	778	struction or conversion of any naval vessel to be con-24
779	779	structed in shipyards in the United States shall be ex-25 30
780	780	•S 2587 RS
781	781	pended in foreign facilities for the construction of major 1
782	782	components of such vessel: Provided further, That none of 2
783	783	the funds provided under this heading shall be used for 3
784	784	the construction of any naval vessel in foreign shipyards: 4
785	785	Provided further, That funds appropriated or otherwise 5
786	786	made available by this Act for Columbia Class Submarine 6
787	787	(AP) may be available for the purposes authorized by sub-7
788	788	sections (f), (g), (h) or (i) of section 2218a of title 10, 8
789	789	United States Code, only in accordance with the provisions 9
790	790	of the applicable subsection. 10
791	791	O
792	792	THERPROCUREMENT, NAVY 11
793	793	For procurement, production, and modernization of 12
794	794	support equipment and materials not otherwise provided 13
795	795	for, Navy ordnance (except ordnance for new aircraft, new 14
796	796	ships, and ships authorized for conversion); the purchase 15
797	797	of passenger motor vehicles for replacement only; expan-16
798	798	sion of public and private plants, including the land nec-17
799	799	essary therefor, and such lands and interests therein, may 18
800	800	be acquired, and construction prosecuted thereon prior to 19
801	801	approval of title; and procurement and installation of 20
802	802	equipment, appliances, and machine tools in public and 21
803	803	private plants; reserve plant and Government and con-22
804	804	tractor-owned equipment layaway, $14,711,311,000, to 23
805	805	remain available for obligation until September 30, 2026: 24
806	806	Provided, That such funds are also available for the main-25 31
807	807	•S 2587 RS
808	808	tenance, repair, and modernization of ships under a pilot 1
809	809	program established for such purposes. 2
810	810	P
811	811	ROCUREMENT, MARINECORPS 3
812	812	For expenses necessary for the procurement, manu-4
813	813	facture, and modification of missiles, armament, military 5
814	814	equipment, spare parts, and accessories therefor; plant 6
815	815	equipment, appliances, and machine tools, and installation 7
816	816	thereof in public and private plants; reserve plant and 8
817	817	Government and contractor-owned equipment layaway; ve-9
818	818	hicles for the Marine Corps, including the purchase of pas-10
819	819	senger motor vehicles for replacement only; and expansion 11
820	820	of public and private plants, including land necessary 12
821	821	therefor, and such lands and interests therein, may be ac-13
822	822	quired, and construction prosecuted thereon prior to ap-14
823	823	proval of title, $3,957,695,000, to remain available for ob-15
824	824	ligation until September 30, 2026. 16
825	825	A
826	826	IRCRAFTPROCUREMENT, AIRFORCE 17
827	827	For construction, procurement, and modification of 18
828	828	aircraft and equipment, including armor and armament, 19
829	829	specialized ground handling equipment, and training de-20
830	830	vices, spare parts, and accessories therefor; specialized 21
831	831	equipment; expansion of public and private plants, Gov-22
832	832	ernment-owned equipment and installation thereof in such 23
833	833	plants, erection of structures, and acquisition of land, for 24
834	834	the foregoing purposes, and such lands and interests 25 32
835	835	•S 2587 RS
836	836	therein, may be acquired, and construction prosecuted 1
837	837	thereon prior to approval of title; reserve plant and Gov-2
838	838	ernment and contractor-owned equipment layaway; and 3
839	839	other expenses necessary for the foregoing purposes in-4
840	840	cluding rents and transportation of things, 5
841	841	$20,114,772,000, to remain available for obligation until 6
842	842	September 30, 2026. 7
843	843	M
844	844	ISSILEPROCUREMENT, AIRFORCE 8
845	845	For construction, procurement, and modification of 9
846	846	missiles, rockets, and related equipment, including spare 10
847	847	parts and accessories therefor; ground handling equip-11
848	848	ment, and training devices; expansion of public and pri-12
849	849	vate plants, Government-owned equipment and installa-13
850	850	tion thereof in such plants, erection of structures, and ac-14
851	851	quisition of land, for the foregoing purposes, and such 15
852	852	lands and interests therein, may be acquired, and con-16
853	853	struction prosecuted thereon prior to approval of title; re-17
854	854	serve plant and Government and contractor-owned equip-18
855	855	ment layaway; and other expenses necessary for the fore-19
856	856	going purposes including rents and transportation of 20
857	857	things, $5,590,622,000, to remain available for obligation 21
858	858	until September 30, 2026. 22
859	859	P
860	860	ROCUREMENT OF AMMUNITION, AIRFORCE 23
861	861	For construction, procurement, production, and 24
862	862	modification of ammunition, and accessories therefor; spe-25 33
863	863	•S 2587 RS
864	864	cialized equipment and training devices; expansion of pub-1
865	865	lic and private plants, including ammunition facilities, au-2
866	866	thorized by section 2854 of title 10, United States Code, 3
867	867	and the land necessary therefor, for the foregoing pur-4
868	868	poses, and such lands and interests therein, may be ac-5
869	869	quired, and construction prosecuted thereon prior to ap-6
870	870	proval of title; and procurement and installation of equip-7
871	871	ment, appliances, and machine tools in public and private 8
872	872	plants; reserve plant and Government and contractor- 9
873	873	owned equipment layaway; and other expenses necessary 10
874	874	for the foregoing purposes, $636,579,000, to remain avail-11
875	875	able for obligation until September 30, 2026. 12
876	876	O
877	877	THERPROCUREMENT, AIRFORCE 13
878	878	For procurement and modification of equipment (in-14
879	879	cluding ground guidance and electronic control equipment, 15
880	880	and ground electronic and communication equipment), 16
881	881	and supplies, materials, and spare parts therefor, not oth-17
882	882	erwise provided for; the purchase of passenger motor vehi-18
883	883	cles for replacement only; lease of passenger motor vehi-19
884	884	cles; and expansion of public and private plants, Govern-20
885	885	ment-owned equipment and installation thereof in such 21
886	886	plants, erection of structures, and acquisition of land, for 22
887	887	the foregoing purposes, and such lands and interests 23
888	888	therein, may be acquired, and construction prosecuted 24
889	889	thereon, prior to approval of title; reserve plant and Gov-25 34
890	890	•S 2587 RS
891	891	ernment and contractor-owned equipment layaway, 1
892	892	$30,397,452,000, to remain available for obligation until 2
893	893	September 30, 2026. 3
894	894	P
895	895	ROCUREMENT, SPACEFORCE 4
896	896	For construction, procurement, and modification of 5
897	897	spacecraft, rockets, and related equipment, including 6
898	898	spare parts and accessories therefor; ground handling 7
899	899	equipment, and training devices; expansion of public and 8
900	900	private plants, Government-owned equipment and installa-9
901	901	tion thereof in such plants, erection of structures, and ac-10
902	902	quisition of land, for the foregoing purposes, and such 11
903	903	lands and interests therein, may be acquired, and con-12
904	904	struction prosecuted thereon prior to approval of title; re-13
905	905	serve plant and Government and contractor-owned equip-14
906	906	ment layaway; and other expenses necessary for the fore-15
907	907	going purposes including rents and transportation of 16
908	908	things, $4,034,798,000, to remain available for obligation 17
909	909	until September 30, 2026. 18
910	910	P
911	911	ROCUREMENT, DEFENSE-WIDE 19
912	912	For expenses of activities and agencies of the Depart-20
913	913	ment of Defense (other than the military departments) 21
914	914	necessary for procurement, production, and modification 22
915	915	of equipment, supplies, materials, and spare parts there-23
916	916	for, not otherwise provided for; the purchase of passenger 24
917	917	motor vehicles for replacement only; expansion of public 25 35
918	918	•S 2587 RS
919	919	and private plants, equipment, and installation thereof in 1
920	920	such plants, erection of structures, and acquisition of land 2
921	921	for the foregoing purposes, and such lands and interests 3
922	922	therein, may be acquired, and construction prosecuted 4
923	923	thereon prior to approval of title; reserve plant and Gov-5
924	924	ernment and contractor-owned equipment layaway, 6
925	925	$6,059,196,000, to remain available for obligation until 7
926	926	September 30, 2026. 8
927	927	D
928	928	EFENSEPRODUCTIONACTPURCHASES 9
929	929	For activities by the Department of Defense pursuant 10
930	930	to sections 108, 301, 302, and 303 of the Defense Produc-11
931	931	tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 12
932	932	$431,212,000, to remain available until expended, which 13
933	933	shall be obligated and expended by the Secretary of De-14
934	934	fense as if delegated the necessary authorities conferred 15
935	935	by the Defense Production Act of 1950. 16
936	936	N
937	937	ATIONALGUARD ANDRESERVEEQUIPMENTACCOUNT 17
938	938	For procurement of rotary-wing aircraft; combat, tac-18
939	939	tical and support vehicles; other weapons; and other pro-19
940	940	curement items for the reserve components of the Armed 20
941	941	Forces, $850,000,000, to remain available for obligation 21
942	942	until September 30, 2026: Provided, That the Chiefs of 22
943	943	National Guard and Reserve components shall, not later 23
944	944	than 30 days after enactment of this Act, individually sub-24
945	945	mit to the congressional defense committees the mod-25 36
946	946	•S 2587 RS
947	947	ernization priority assessment for their respective Na-1
948	948	tional Guard or Reserve component: Provided further, 2
949	949	That none of the funds made available by this paragraph 3
950	950	may be used to procure manned fixed wing aircraft, or 4
951	951	procure or modify missiles, munitions, or ammunition. 5 37
952	952	•S 2587 RS
953	953	TITLE IV 1
954	954	RESEARCH, DEVELOPMENT, TEST AND 2
955	955	EVALUATION 3
956	956	R
957	957	ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 4
958	958	A
959	959	RMY 5
960	960	For expenses necessary for basic and applied sci-6
961	961	entific research, development, test and evaluation, includ-7
962	962	ing maintenance, rehabilitation, lease, and operation of fa-8
963	963	cilities and equipment, $15,893,354,000, to remain avail-9
964	964	able for obligation until September 30, 2025. 10
965	965	R
966	966	ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 11
967	967	N
968	968	AVY 12
969	969	For expenses necessary for basic and applied sci-13
970	970	entific research, development, test and evaluation, includ-14
971	971	ing maintenance, rehabilitation, lease, and operation of fa-15
972	972	cilities and equipment, $26,362,009,000, to remain avail-16
973	973	able for obligation until September 30, 2025: Provided, 17
974	974	That funds appropriated in this paragraph which are 18
975	975	available for the V–22 may be used to meet unique oper-19
976	976	ational requirements of the Special Operations Forces. 20
977	977	R
978	978	ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 21
979	979	A
980	980	IRFORCE 22
981	981	For expenses necessary for basic and applied sci-23
982	982	entific research, development, test and evaluation, includ-24
983	983	ing maintenance, rehabilitation, lease, and operation of fa-25 38
984	984	•S 2587 RS
985	985	cilities and equipment, $45,675,802,000, to remain avail-1
986	986	able for obligation until September 30, 2025. 2
987	987	R
988	988	ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 3
989	989	S
990	990	PACEFORCE 4
991	991	For expenses necessary for basic and applied sci-5
992	992	entific research, development, test and evaluation, includ-6
993	993	ing maintenance, rehabilitation, lease, and operation of fa-7
994	994	cilities and equipment, $18,842,930,000, to remain avail-8
995	995	able until September 30, 2025. 9
996	996	R
997	997	ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 10
998	998	D
999	999	EFENSE-WIDE 11
1000	1000	For expenses of activities and agencies of the Depart-12
1001	1001	ment of Defense (other than the military departments), 13
1002	1002	necessary for basic and applied scientific research, devel-14
1003	1003	opment, test and evaluation; advanced research projects 15
1004	1004	as may be designated and determined by the Secretary 16
1005	1005	of Defense, pursuant to law; maintenance, rehabilitation, 17
1006	1006	lease, and operation of facilities and equipment, 18
1007	1007	$36,271,140,000, to remain available for obligation until 19
1008	1008	September 30, 2025. 20
1009	1009	O
1010	1010	PERATIONALTEST ANDEVALUATION, DEFENSE 21
1011	1011	For expenses, not otherwise provided for, necessary 22
1012	1012	for the independent activities of the Director, Operational 23
1013	1013	Test and Evaluation, in the direction and supervision of 24
1014	1014	operational test and evaluation, including initial oper-25 39
1015	1015	•S 2587 RS
1016	1016	ational test and evaluation which is conducted prior to, 1
1017	1017	and in support of, production decisions; joint operational 2
1018	1018	testing and evaluation; and administrative expenses in 3
1019	1019	connection therewith, $337,489,000, to remain available 4
1020	1020	for obligation until September 30, 2025. 5
1021	1021	TITLE V 6
1022	1022	REVOLVING AND MANAGEMENT FUNDS 7
1023	1023	D
1024	1024	EFENSEWORKINGCAPITALFUNDS 8
1025	1025	For the Defense Working Capital Funds, 9
1026	1026	$1,795,079,000. 10 40
1027	1027	•S 2587 RS
1028	1028	TITLE VI 1
1029	1029	OTHER DEPARTMENT OF DEFENSE PROGRAMS 2
1030	1030	D
1031	1031	EFENSEHEALTHPROGRAM 3
1032	1032	For expenses, not otherwise provided for, for medical 4
1033	1033	and health care programs of the Department of Defense 5
1034	1034	as authorized by law, $39,085,201,000; of which 6
1035	1035	$36,774,417,000 shall be for operation and maintenance, 7
1036	1036	of which not to exceed one percent shall remain available 8
1037	1037	for obligation until September 30, 2025, and of which up 9
1038	1038	to $19,776,328,000 may be available for contracts entered 10
1039	1039	into under the TRICARE program; of which 11
1040	1040	$353,811,000, to remain available for obligation until Sep-12
1041	1041	tember 30, 2026, shall be for procurement; and of which 13
1042	1042	$1,956,973,000, to remain available for obligation until 14
1043	1043	September 30, 2025, shall be for research, development, 15
1044	1044	test and evaluation: Provided, That of the funds provided 16
1045	1045	under this heading for research, development, test and 17
1046	1046	evaluation, not less than $864,500,000 shall be made 18
1047	1047	available to the Defense Health Agency to carry out the 19
1048	1048	congressionally directed medical research programs. 20
1049	1049	C
1050	1050	HEMICALAGENTS ANDMUNITIONSDESTRUCTION, 21
1051	1051	D
1052	1052	EFENSE 22
1053	1053	For expenses, not otherwise provided for, necessary 23
1054	1054	for the destruction of the United States stockpile of lethal 24
1055	1055	chemical agents and munitions in accordance with the pro-25 41
1056	1056	•S 2587 RS
1057	1057	visions of section 1412 of the Department of Defense Au-1
1058	1058	thorization Act, 1986 (50 U.S.C. 1521), and for the de-2
1059	1059	struction of other chemical warfare materials that are not 3
1060	1060	in the chemical weapon stockpile, $1,091,844,000, of 4
1061	1061	which $89,284,000 shall be for operation and mainte-5
1062	1062	nance, of which not less than $57,875,000 shall be for 6
1063	1063	the Chemical Stockpile Emergency Preparedness Pro-7
1064	1064	gram, consisting of $23,676,000 for activities on military 8
1065	1065	installations and $34,199,000, to remain available until 9
1066	1066	September 30, 2025, to assist State and local govern-10
1067	1067	ments; and $1,002,560,000, to remain available until Sep-11
1068	1068	tember 30, 2025, shall be for research, development, test 12
1069	1069	and evaluation, of which $1,000,467,000 shall only be for 13
1070	1070	the Assembled Chemical Weapons Alternatives program. 14
1071	1071	D
1072	1072	RUGINTERDICTION AND COUNTER-DRUGACTIVITIES, 15
1073	1073	D
1074	1074	EFENSE 16
1075	1075	(INCLUDING TRANSFER OF FUNDS) 17
1076	1076	For drug interdiction and counter-drug activities of 18
1077	1077	the Department of Defense, for transfer to appropriations 19
1078	1078	available to the Department of Defense for military per-20
1079	1079	sonnel of the reserve components serving under the provi-21
1080	1080	sions of title 10 and title 32, United States Code; for oper-22
1081	1081	ation and maintenance; for procurement; and for research, 23
1082	1082	development, test and evaluation, $994,490,000, of which 24
1083	1083	$622,593,000 shall be for counter-narcotics support; 25 42
1084	1084	•S 2587 RS
1085	1085	$134,313,000 shall be for the drug demand reduction pro-1
1086	1086	gram; $211,591,000 shall be for the National Guard 2
1087	1087	counter-drug program; and $25,993,000 shall be for the 3
1088	1088	National Guard counter-drug schools program: Provided, 4
1089	1089	That the funds appropriated under this heading shall be 5
1090	1090	available for obligation for the same time period and for 6
1091	1091	the same purpose as the appropriation to which trans-7
1092	1092	ferred: Provided further, That upon a determination that 8
1093	1093	all or part of the funds transferred from this appropriation 9
1094	1094	are not necessary for the purposes provided herein, such 10
1095	1095	amounts may be transferred back to this appropriation: 11
1096	1096	Provided further, That the transfer authority provided 12
1097	1097	under this heading is in addition to any other transfer au-13
1098	1098	thority contained elsewhere in this Act. 14
1099	1099	O
1100	1100	FFICE OF THEINSPECTORGENERAL 15
1101	1101	For expenses and activities of the Office of the In-16
1102	1102	spector General in carrying out the provisions of the In-17
1103	1103	spector General Act of 1978, as amended, $525,365,000, 18
1104	1104	of which $520,867,000 shall be for operation and mainte-19
1105	1105	nance, of which not to exceed $700,000 is available for 20
1106	1106	emergencies and extraordinary expenses to be expended 21
1107	1107	upon the approval or authority of the Inspector General, 22
1108	1108	and payments may be made upon the Inspector General’s 23
1109	1109	certificate of necessity for confidential military purposes; 24
1110	1110	of which $1,098,000, to remain available for obligation 25 43
1111	1111	•S 2587 RS
1112	1112	until September 30, 2026, shall be for procurement; and 1
1113	1113	of which $3,400,000, to remain available until September 2
1114	1114	30, 2025, shall be for research, development, test and eval-3
1115	1115	uation. 4 44
1116	1116	•S 2587 RS
1117	1117	TITLE VII 1
1118	1118	RELATED AGENCIES 2
1119	1119	C
1120	1120	ENTRALINTELLIGENCEAGENCYRETIREMENT AND 3
1121	1121	D
1122	1122	ISABILITYSYSTEMFUND 4
1123	1123	For payment to the Central Intelligence Agency Re-5
1124	1124	tirement and Disability System Fund, to maintain the 6
1125	1125	proper funding level for continuing the operation of the 7
1126	1126	Central Intelligence Agency Retirement and Disability 8
1127	1127	System, $514,000,000. 9
1128	1128	I
1129	1129	NTELLIGENCECOMMUNITYMANAGEMENTACCOUNT 10
1130	1130	For necessary expenses of the Intelligence Commu-11
1131	1131	nity Management Account, $601,442,000. 12 45
1132	1132	•S 2587 RS
1133	1133	TITLE VIII 1
1134	1134	GENERAL PROVISIONS 2
1135	1135	S
1136	1136	EC. 8001. No part of any appropriation contained 3
1137	1137	in this Act shall be used for publicity or propaganda pur-4
1138	1138	poses not authorized by the Congress. 5
1139	1139	S
1140	1140	EC. 8002. During the current fiscal year, provisions 6
1141	1141	of law prohibiting the payment of compensation to, or em-7
1142	1142	ployment of, any person not a citizen of the United States 8
1143	1143	shall not apply to personnel of the Department of Defense: 9
1144	1144	Provided, That salary increases granted to direct and indi-10
1145	1145	rect hire foreign national employees of the Department of 11
1146	1146	Defense funded by this Act shall not be at a rate in excess 12
1147	1147	of the percentage increase authorized by law for civilian 13
1148	1148	employees of the Department of Defense whose pay is 14
1149	1149	computed under the provisions of section 5332 of title 5, 15
1150	1150	United States Code, or at a rate in excess of the percent-16
1151	1151	age increase provided by the appropriate host nation to 17
1152	1152	its own employees, whichever is higher: Provided further, 18
1153	1153	That this section shall not apply to Department of De-19
1154	1154	fense foreign service national employees serving at United 20
1155	1155	States diplomatic missions whose pay is set by the Depart-21
1156	1156	ment of State under the Foreign Service Act of 1980: Pro-22
1157	1157	vided further, That the limitations of this provision shall 23
1158	1158	not apply to foreign national employees of the Department 24
1159	1159	of Defense in the Republic of Turkey. 25 46
1160	1160	•S 2587 RS
1161	1161	SEC. 8003. No part of any appropriation contained 1
1162	1162	in this Act shall remain available for obligation beyond 2
1163	1163	the current fiscal year, unless expressly so provided herein. 3
1164	1164	S
1165	1165	EC. 8004. No more than 20 percent of the appro-4
1166	1166	priations in this Act which are limited for obligation dur-5
1167	1167	ing the current fiscal year shall be obligated during the 6
1168	1168	last 2 months of the fiscal year: Provided, That this sec-7
1169	1169	tion shall not apply to obligations for support of active 8
1170	1170	duty training of reserve components or summer camp 9
1171	1171	training of the Reserve Officers’ Training Corps. 10
1172	1172	(TRANSFER OF FUNDS) 11
1173	1173	S
1174	1174	EC. 8005. Upon determination by the Secretary of 12
1175	1175	Defense that such action is necessary in the national inter-13
1176	1176	est, the Secretary may, with the approval of the Director 14
1177	1177	of the Office of Management and Budget, transfer not to 15
1178	1178	exceed $6,000,000,000 of working capital funds of the De-16
1179	1179	partment of Defense or funds made available in this Act 17
1180	1180	to the Department of Defense for military functions (ex-18
1181	1181	cept military construction) between such appropriations or 19
1182	1182	funds or any subdivision thereof, to be merged with and 20
1183	1183	to be available for the same purposes, and for the same 21
1184	1184	time period, as the appropriation or fund to which trans-22
1185	1185	ferred: Provided, That such authority to transfer may not 23
1186	1186	be used unless for higher priority items, based on unfore-24
1187	1187	seen military requirements, than those for which originally 25 47
1188	1188	•S 2587 RS
1189	1189	appropriated and in no case where the item for which 1
1190	1190	funds are requested has been denied by the Congress: Pro-2
1191	1191	vided further, That the Secretary of Defense shall notify 3
1192	1192	the Congress promptly of all transfers made pursuant to 4
1193	1193	this authority or any other authority in this Act: Provided 5
1194	1194	further, That no part of the funds in this Act shall be 6
1195	1195	available to prepare or present a request to the Commit-7
1196	1196	tees on Appropriations of the House of Representatives 8
1197	1197	and the Senate for reprogramming of funds, unless for 9
1198	1198	higher priority items, based on unforeseen military re-10
1199	1199	quirements, than those for which originally appropriated 11
1200	1200	and in no case where the item for which reprogramming 12
1201	1201	is requested has been denied by the Congress: Provided 13
1202	1202	further, That a request for multiple reprogrammings of 14
1203	1203	funds using authority provided in this section shall be 15
1204	1204	made prior to June 30, 2024: Provided further, That 16
1205	1205	transfers among military personnel appropriations shall 17
1206	1206	not be taken into account for purposes of the limitation 18
1207	1207	on the amount of funds that may be transferred under 19
1208	1208	this section. 20
1209	1209	S
1210	1210	EC. 8006. (a) With regard to the list of specific pro-21
1211	1211	grams, projects, and activities (and the dollar amounts 22
1212	1212	and adjustments to budget activities corresponding to 23
1213	1213	such programs, projects, and activities) contained in the 24
1214	1214	tables titled ‘‘Committee Recommended Adjustments’’ in 25 48
1215	1215	•S 2587 RS
1216	1216	the report accompanying this Act and the tables contained 1
1217	1217	in the classified annex accompanying this Act, the obliga-2
1218	1218	tion and expenditure of amounts appropriated or other-3
1219	1219	wise made available in this Act for those programs, 4
1220	1220	projects, and activities for which the amounts appro-5
1221	1221	priated exceed the amounts requested are hereby required 6
1222	1222	by law to be carried out in the manner provided by such 7
1223	1223	tables to the same extent as if the tables were included 8
1224	1224	in the text of this Act. 9
1225	1225	(b) Amounts specified in the referenced tables de-10
1226	1226	scribed in subsection (a) shall not be treated as subdivi-11
1227	1227	sions of appropriations for purposes of section 8005 of this 12
1228	1228	Act: Provided, That section 8005 of this Act shall apply 13
1229	1229	when transfers of the amounts described in subsection (a) 14
1230	1230	occur between appropriation accounts, subject to the limi-15
1231	1231	tation in subsection (c): Provided further, That the trans-16
1232	1232	fer amount limitation provided in section 8005 of this Act 17
1233	1233	shall not apply to transfers of amounts described in sub-18
1234	1234	section (a) if such transfers are necessary for the proper 19
1235	1235	execution of such funds. 20
1236	1236	(c) During the current fiscal year, amounts specified 21
1237	1237	in the referenced tables described in subsection (a) may 22
1238	1238	not be transferred pursuant to section 8005 of this Act 23
1239	1239	other than for proper execution of such amounts, as pro-24
1240	1240	vided in subsection (b). 25 49
1241	1241	•S 2587 RS
1242	1242	SEC. 8007. (a) Not later than 60 days after enact-1
1243	1243	ment of this Act, the Department of Defense shall submit 2
1244	1244	a report to the congressional defense committees to estab-3
1245	1245	lish the baseline for application of reprogramming and 4
1246	1246	transfer authorities for fiscal year 2024: Provided, That 5
1247	1247	the report shall include— 6
1248	1248	(1) a table for each appropriation with a sepa-7
1249	1249	rate column to display the President’s budget re-8
1250	1250	quest, adjustments made by Congress, adjustments 9
1251	1251	due to enacted rescissions, if appropriate, and the 10
1252	1252	fiscal year enacted level; 11
1253	1253	(2) a delineation in the table for each appro-12
1254	1254	priation both by budget activity and program, 13
1255	1255	project, and activity as detailed in the Budget Ap-14
1256	1256	pendix; and 15
1257	1257	(3) an identification of items of special congres-16
1258	1258	sional interest. 17
1259	1259	(b) Notwithstanding section 8005 of this Act, none 18
1260	1260	of the funds provided in this Act shall be available for 19
1261	1261	reprogramming or transfer until the report identified in 20
1262	1262	subsection (a) is submitted to the congressional defense 21
1263	1263	committees, unless the Secretary of Defense certifies in 22
1264	1264	writing to the congressional defense committees that such 23
1265	1265	reprogramming or transfer is necessary as an emergency 24
1266	1266	requirement: Provided, That this subsection shall not 25 50
1267	1267	•S 2587 RS
1268	1268	apply to transfers from the following appropriations ac-1
1269	1269	counts: 2
1270	1270	(1) ‘‘Environmental Restoration, Army’’; 3
1271	1271	(2) ‘‘Environmental Restoration, Navy’’; 4
1272	1272	(3) ‘‘Environmental Restoration, Air Force’’; 5
1273	1273	(4) ‘‘Environmental Restoration, Defense- 6
1274	1274	Wide’’; 7
1275	1275	(5) ‘‘Environmental Restoration, Formerly 8
1276	1276	Used Defense Sites’’; and 9
1277	1277	(6) ‘‘Drug Interdiction and Counter-drug Ac-10
1278	1278	tivities, Defense’’. 11
1279	1279	(TRANSFER OF FUNDS) 12
1280	1280	S
1281	1281	EC. 8008. During the current fiscal year, cash bal-13
1282	1282	ances in working capital funds of the Department of De-14
1283	1283	fense established pursuant to section 2208 of title 10, 15
1284	1284	United States Code, may be maintained in only such 16
1285	1285	amounts as are necessary at any time for cash disburse-17
1286	1286	ments to be made from such funds: Provided, That trans-18
1287	1287	fers may be made between such funds: Provided further, 19
1288	1288	That transfers may be made between working capital 20
1289	1289	funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 21
1290	1290	appropriation and the ‘‘Operation and Maintenance’’ ap-22
1291	1291	propriation accounts in such amounts as may be deter-23
1292	1292	mined by the Secretary of Defense, with the approval of 24
1293	1293	the Director of the Office of Management and Budget, ex-25 51
1294	1294	•S 2587 RS
1295	1295	cept that such transfers may not be made unless the Sec-1
1296	1296	retary of Defense has notified the Congress of the pro-2
1297	1297	posed transfer: Provided further, That except in amounts 3
1298	1298	equal to the amounts appropriated to working capital 4
1299	1299	funds in this Act, no obligations may be made against a 5
1300	1300	working capital fund to procure or increase the value of 6
1301	1301	war reserve material inventory, unless the Secretary of 7
1302	1302	Defense has notified the Congress prior to any such obli-8
1303	1303	gation. 9
1304	1304	S
1305	1305	EC. 8009. Funds appropriated by this Act may not 10
1306	1306	be used to initiate a special access program without prior 11
1307	1307	notification 30 calendar days in advance to the congres-12
1308	1308	sional defense committees. 13
1309	1309	S
1310	1310	EC. 8010. None of the funds provided in this Act 14
1311	1311	shall be available to initiate: (1) a multiyear contract that 15
1312	1312	employs economic order quantity procurement in excess of 16
1313	1313	$20,000,000 in any one year of the contract or that in-17
1314	1314	cludes an unfunded contingent liability in excess of 18
1315	1315	$20,000,000; or (2) a contract for advance procurement 19
1316	1316	leading to a multiyear contract that employs economic 20
1317	1317	order quantity procurement in excess of $20,000,000 in 21
1318	1318	any one year, unless the congressional defense committees 22
1319	1319	have been notified at least 30 days in advance of the pro-23
1320	1320	posed contract award: Provided, That no part of any ap-24
1321	1321	propriation contained in this Act shall be available to ini-25 52
1322	1322	•S 2587 RS
1323	1323	tiate a multiyear contract for which the economic order 1
1324	1324	quantity advance procurement is not funded at least to 2
1325	1325	the limits of the Government’s liability: Provided further, 3
1326	1326	That no part of any appropriation contained in this Act 4
1327	1327	shall be available to initiate multiyear procurement con-5
1328	1328	tracts for any systems or component thereof if the value 6
1329	1329	of the multiyear contract would exceed $500,000,000 un-7
1330	1330	less specifically provided in this Act: Provided further, 8
1331	1331	That no multiyear procurement contract can be termi-9
1332	1332	nated without 30-day prior notification to the congres-10
1333	1333	sional defense committees: Provided further, That the exe-11
1334	1334	cution of multiyear authority shall require the use of a 12
1335	1335	present value analysis to determine lowest cost compared 13
1336	1336	to an annual procurement: Provided further, That none of 14
1337	1337	the funds provided in this Act may be used for a multiyear 15
1338	1338	contract executed after the date of the enactment of this 16
1339	1339	Act unless in the case of any such contract— 17
1340	1340	(1) the Secretary of Defense has submitted to 18
1341	1341	Congress a budget request for full funding of units 19
1342	1342	to be procured through the contract and, in the case 20
1343	1343	of a contract for procurement of aircraft, that in-21
1344	1344	cludes, for any aircraft unit to be procured through 22
1345	1345	the contract for which procurement funds are re-23
1346	1346	quested in that budget request for production be-24
1347	1347	yond advance procurement activities in the fiscal 25 53
1348	1348	•S 2587 RS
1349	1349	year covered by the budget, full funding of procure-1
1350	1350	ment of such unit in that fiscal year; 2
1351	1351	(2) cancellation provisions in the contract do 3
1352	1352	not include consideration of recurring manufacturing 4
1353	1353	costs of the contractor associated with the produc-5
1354	1354	tion of unfunded units to be delivered under the con-6
1355	1355	tract; 7
1356	1356	(3) the contract provides that payments to the 8
1357	1357	contractor under the contract shall not be made in 9
1358	1358	advance of incurred costs on funded units; and 10
1359	1359	(4) the contract does not provide for a price ad-11
1360	1360	justment based on a failure to award a follow-on 12
1361	1361	contract. 13
1362	1362	Funds appropriated in title III of this Act may be 14
1363	1363	used for a multiyear procurement contract as follows: 15
1364	1364	Naval Strike Missile; Guided Multiple Launch Rocket Sys-16
1365	1365	tem; Patriot Advanced Capability 3 Missile Segment En-17
1366	1366	hancement; Long Range Anti-Ship Missile; Joint Air-to- 18
1367	1367	Surface Standoff Missile; Advanced Medium-Range Air- 19
1368	1368	to-Air Missile; Standard Missile–6; and 10 SSN Virginia 20
1369	1369	Class Submarines and Government-furnished equipment. 21
1370	1370	S
1371	1371	EC. 8011. Within the funds appropriated for the op-22
1372	1372	eration and maintenance of the Armed Forces, funds are 23
1373	1373	hereby appropriated pursuant to section 401 of title 10, 24
1374	1374	United States Code, for humanitarian and civic assistance 25 54
1375	1375	•S 2587 RS
1376	1376	costs under chapter 20 of title 10, United States Code: 1
1377	1377	Provided, That such funds may also be obligated for hu-2
1378	1378	manitarian and civic assistance costs incidental to author-3
1379	1379	ized operations and pursuant to authority granted in sec-4
1380	1380	tion 401 of title 10, United States Code, and these obliga-5
1381	1381	tions shall be reported as required by section 401(d) of 6
1382	1382	title 10, United States Code: Provided further, That funds 7
1383	1383	available for operation and maintenance shall be available 8
1384	1384	for providing humanitarian and similar assistance by 9
1385	1385	using Civic Action Teams in the Trust Territories of the 10
1386	1386	Pacific Islands and freely associated states of Micronesia, 11
1387	1387	pursuant to the Compact of Free Association as author-12
1388	1388	ized by Public Law 99–239: Provided further, That upon 13
1389	1389	a determination by the Secretary of the Army that such 14
1390	1390	action is beneficial for graduate medical education pro-15
1391	1391	grams conducted at Army medical facilities located in Ha-16
1392	1392	waii, the Secretary of the Army may authorize the provi-17
1393	1393	sion of medical services at such facilities and transpor-18
1394	1394	tation to such facilities, on a nonreimbursable basis, for 19
1395	1395	civilian patients from American Samoa, the Common-20
1396	1396	wealth of the Northern Mariana Islands, the Marshall Is-21
1397	1397	lands, the Federated States of Micronesia, Palau, and 22
1398	1398	Guam. 23
1399	1399	S
1400	1400	EC. 8012. (a) During the current fiscal year, the 24
1401	1401	civilian personnel of the Department of Defense may not 25 55
1402	1402	•S 2587 RS
1403	1403	be managed on the basis of any constraint or limitation 1
1404	1404	in terms of man years, end strength, full-time equivalent 2
1405	1405	positions, or maximum number of employees, but are to 3
1406	1406	be managed solely on the basis of, and in a manner con-4
1407	1407	sistent with— 5
1408	1408	(1) the total force management policies and 6
1409	1409	procedures established under section 129a of title 7
1410	1410	10, United States Code; 8
1411	1411	(2) the workload required to carry out the func-9
1412	1412	tions and activities of the Department; and 10
1413	1413	(3) the funds made available to the Department 11
1414	1414	for such fiscal year. 12
1415	1415	(b) None of the funds appropriated by this Act may 13
1416	1416	be used to reduce the civilian workforce programmed full 14
1417	1417	time equivalent levels absent the appropriate analysis of 15
1418	1418	the impact of these reductions on workload, military force 16
1419	1419	structure, lethality, readiness, operational effectiveness, 17
1420	1420	stress on the military force, and fully burdened costs. 18
1421	1421	(c) A projection of the number of full-time equivalent 19
1422	1422	positions shall not be considered a constraint or limitation 20
1423	1423	for purposes of subsection (a) and reducing funding for 21
1424	1424	under-execution of such a projection shall not be consid-22
1425	1425	ered managing based on a constraint or limitation for pur-23
1426	1426	poses of such subsection. 24 56
1427	1427	•S 2587 RS
1428	1428	(d) The fiscal year 2025 budget request for the De-1
1429	1429	partment of Defense, and any justification material and 2
1430	1430	other documentation supporting such a request, shall be 3
1431	1431	prepared and submitted to Congress as if subsections (a) 4
1432	1432	and (b) were effective with respect to such fiscal year. 5
1433	1433	(e) Nothing in this section shall be construed to apply 6
1434	1434	to military (civilian) technicians. 7
1435	1435	S
1436	1436	EC. 8013. None of the funds made available by this 8
1437	1437	Act shall be used in any way, directly or indirectly, to in-9
1438	1438	fluence congressional action on any legislation or appro-10
1439	1439	priation matters pending before the Congress. 11
1440	1440	S
1441	1441	EC. 8014. None of the funds available in this Act 12
1442	1442	to the Department of Defense, other than appropriations 13
1443	1443	made for necessary or routine refurbishments, upgrades, 14
1444	1444	or maintenance activities, shall be used to reduce or to 15
1445	1445	prepare to reduce the number of deployed and non-de-16
1446	1446	ployed strategic delivery vehicles and launchers below the 17
1447	1447	levels set forth in the report submitted to Congress in ac-18
1448	1448	cordance with section 1042 of the National Defense Au-19
1449	1449	thorization Act for Fiscal Year 2012. 20
1450	1450	(TRANSFER OF FUNDS) 21
1451	1451	S
1452	1452	EC. 8015. (a) Funds appropriated in title III of this 22
1453	1453	Act for the Department of Defense Pilot Mentor-Prote´ge´ 23
1454	1454	Program may be transferred to any other appropriation 24
1455	1455	contained in this Act solely for the purpose of imple-25 57
1456	1456	•S 2587 RS
1457	1457	menting a Mentor-Prote´ge´Program developmental assist-1
1458	1458	ance agreement pursuant to section 4902 of title 10, 2
1459	1459	United States Code, under the authority of this provision 3
1460	1460	or any other transfer authority contained in this Act. 4
1461	1461	(b) The Secretary of Defense shall include with the 5
1462	1462	budget justification documents in support of the budget 6
1463	1463	for fiscal year 2025 (as submitted to Congress pursuant 7
1464	1464	to section 1105 of title 31, United States Code) a descrip-8
1465	1465	tion of each transfer under this section that occurred dur-9
1466	1466	ing the last fiscal year before the fiscal year in which such 10
1467	1467	budget is submitted. 11
1468	1468	S
1469	1469	EC. 8016. None of the funds in this Act may be 12
1470	1470	available for the purchase by the Department of Defense 13
1471	1471	(and its departments and agencies) of welded shipboard 14
1472	1472	anchor and mooring chain unless the anchor and mooring 15
1473	1473	chain are manufactured in the United States from compo-16
1474	1474	nents which are substantially manufactured in the United 17
1475	1475	States: Provided, That for the purpose of this section, the 18
1476	1476	term ‘‘manufactured’’ shall include cutting, heat treating, 19
1477	1477	quality control, testing of chain and welding (including the 20
1478	1478	forging and shot blasting process): Provided further, That 21
1479	1479	for the purpose of this section substantially all of the com-22
1480	1480	ponents of anchor and mooring chain shall be considered 23
1481	1481	to be produced or manufactured in the United States if 24
1482	1482	the aggregate cost of the components produced or manu-25 58
1483	1483	•S 2587 RS
1484	1484	factured in the United States exceeds the aggregate cost 1
1485	1485	of the components produced or manufactured outside the 2
1486	1486	United States: Provided further, That when adequate do-3
1487	1487	mestic supplies are not available to meet Department of 4
1488	1488	Defense requirements on a timely basis, the Secretary of 5
1489	1489	the Service responsible for the procurement may waive this 6
1490	1490	restriction on a case-by-case basis by certifying in writing 7
1491	1491	to the Committees on Appropriations of the House of Rep-8
1492	1492	resentatives and the Senate that such an acquisition must 9
1493	1493	be made in order to acquire capability for national security 10
1494	1494	purposes. 11
1495	1495	S
1496	1496	EC. 8017. None of the funds appropriated by this 12
1497	1497	Act shall be used for the support of any nonappropriated 13
1498	1498	funds activity of the Department of Defense that procures 14
1499	1499	malt beverages and wine with nonappropriated funds for 15
1500	1500	resale (including such alcoholic beverages sold by the 16
1501	1501	drink) on a military installation located in the United 17
1502	1502	States unless such malt beverages and wine are procured 18
1503	1503	within that State, or in the case of the District of Colum-19
1504	1504	bia, within the District of Columbia, in which the military 20
1505	1505	installation is located: Provided, That, in a case in which 21
1506	1506	the military installation is located in more than one State, 22
1507	1507	purchases may be made in any State in which the installa-23
1508	1508	tion is located: Provided further, That such local procure-24
1509	1509	ment requirements for malt beverages and wine shall 25 59
1510	1510	•S 2587 RS
1511	1511	apply to all alcoholic beverages only for military installa-1
1512	1512	tions in States which are not contiguous with another 2
1513	1513	State: Provided further, That alcoholic beverages other 3
1514	1514	than wine and malt beverages, in contiguous States and 4
1515	1515	the District of Columbia shall be procured from the most 5
1516	1516	competitive source, price and other factors considered. 6
1517	1517	S
1518	1518	EC. 8018. None of the funds available to the De-7
1519	1519	partment of Defense may be used to demilitarize or dis-8
1520	1520	pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 9
1521	1521	.22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 10
1522	1522	to demilitarize or destroy small arms ammunition or am-11
1523	1523	munition components that are not otherwise prohibited 12
1524	1524	from commercial sale under Federal law, unless the small 13
1525	1525	arms ammunition or ammunition components are certified 14
1526	1526	by the Secretary of the Army or designee as unserviceable 15
1527	1527	or unsafe for further use. 16
1528	1528	S
1529	1529	EC. 8019. No more than $500,000 of the funds ap-17
1530	1530	propriated or made available in this Act shall be used dur-18
1531	1531	ing a single fiscal year for any single relocation of an orga-19
1532	1532	nization, unit, activity or function of the Department of 20
1533	1533	Defense into or within the National Capital Region: Pro-21
1534	1534	vided, That the Secretary of Defense may waive this re-22
1535	1535	striction on a case-by-case basis by certifying in writing 23
1536	1536	to the congressional defense committees that such a relo-24
1537	1537	cation is required in the best interest of the Government. 25 60
1538	1538	•S 2587 RS
1539	1539	SEC. 8020. Of the funds made available in this Act 1
1540	1540	under the heading ‘‘Procurement, Defense-Wide’’, 2
1541	1541	$25,169,000 shall be available only for incentive payments 3
1542	1542	authorized by section 504 of the Indian Financing Act of 4
1543	1543	1974 (25 U.S.C. 1544): Provided, That a prime contractor 5
1544	1544	or a subcontractor at any tier that makes a subcontract 6
1545	1545	award to any subcontractor or supplier as defined in sec-7
1546	1546	tion 1544 of title 25, United States Code, or a small busi-8
1547	1547	ness owned and controlled by an individual or individuals 9
1548	1548	defined under section 4221(9) of title 25, United States 10
1549	1549	Code, shall be considered a contractor for the purposes 11
1550	1550	of being allowed additional compensation under section 12
1551	1551	504 of the Indian Financing Act of 1974 (25 U.S.C. 13
1552	1552	1544) whenever the prime contract or subcontract amount 14
1553	1553	is over $500,000 and involves the expenditure of funds 15
1554	1554	appropriated by an Act making appropriations for the De-16
1555	1555	partment of Defense with respect to any fiscal year: Pro-17
1556	1556	vided further, That notwithstanding section 1906 of title 18
1557	1557	41, United States Code, this section shall be applicable 19
1558	1558	to any Department of Defense acquisition of supplies or 20
1559	1559	services, including any contract and any subcontract at 21
1560	1560	any tier for acquisition of commercial items produced or 22
1561	1561	manufactured, in whole or in part, by any subcontractor 23
1562	1562	or supplier defined in section 1544 of title 25, United 24
1563	1563	States Code, or a small business owned and controlled by 25 61
1564	1564	•S 2587 RS
1565	1565	an individual or individuals defined under section 4221(9) 1
1566	1566	of title 25, United States Code. 2
1567	1567	S
1568	1568	EC. 8021. (a) Notwithstanding any other provision 3
1569	1569	of law, the Secretary of the Air Force may convey at no 4
1570	1570	cost to the Air Force, without consideration, to Indian 5
1571	1571	tribes located in the States of Nevada, Idaho, North Da-6
1572	1572	kota, South Dakota, Montana, Oregon, Minnesota, and 7
1573	1573	Washington relocatable military housing units located at 8
1574	1574	Grand Forks Air Force Base, Malmstrom Air Force Base, 9
1575	1575	Mountain Home Air Force Base, Ellsworth Air Force 10
1576	1576	Base, and Minot Air Force Base that are excess to the 11
1577	1577	needs of the Air Force. 12
1578	1578	(b) The Secretary of the Air Force shall convey, at 13
1579	1579	no cost to the Air Force, military housing units under sub-14
1580	1580	section (a) in accordance with the request for such units 15
1581	1581	that are submitted to the Secretary by the Operation 16
1582	1582	Walking Shield Program on behalf of Indian tribes located 17
1583	1583	in the States of Nevada, Idaho, North Dakota, South Da-18
1584	1584	kota, Montana, Oregon, Minnesota, and Washington. Any 19
1585	1585	such conveyance shall be subject to the condition that the 20
1586	1586	housing units shall be removed within a reasonable period 21
1587	1587	of time, as determined by the Secretary. 22
1588	1588	(c) The Operation Walking Shield Program shall re-23
1589	1589	solve any conflicts among requests of Indian tribes for 24
1590	1590	housing units under subsection (a) before submitting re-25 62
1591	1591	•S 2587 RS
1592	1592	quests to the Secretary of the Air Force under subsection 1
1593	1593	(b). 2
1594	1594	(d) In this section, the term ‘‘Indian tribe’’ means 3
1595	1595	any recognized Indian tribe included on the current list 4
1596	1596	published by the Secretary of the Interior under section 5
1597	1597	104 of the Federally Recognized Indian Tribe Act of 1994 6
1598	1598	(Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 7
1599	1599	S
1600	1600	EC. 8022. Of the funds appropriated to the Depart-8
1601	1601	ment of Defense under the heading ‘‘Operation and Main-9
1602	1602	tenance, Defense-Wide’’, not less than $12,000,000 may 10
1603	1603	be made available only for the mitigation of environmental 11
1604	1604	impacts, including training and technical assistance to 12
1605	1605	tribes, related administrative support, the gathering of in-13
1606	1606	formation, documenting of environmental damage, and de-14
1607	1607	veloping a system for prioritization of mitigation and cost 15
1608	1608	to complete estimates for mitigation, on Indian lands re-16
1609	1609	sulting from Department of Defense activities. 17
1610	1610	S
1611	1611	EC. 8023. Funds appropriated by this Act for the 18
1612	1612	Defense Media Activity shall not be used for any national 19
1613	1613	or international political or psychological activities. 20
1614	1614	S
1615	1615	EC. 8024. Of the amounts appropriated for ‘‘Work-21
1616	1616	ing Capital Fund, Army’’, $120,000,000 shall be available 22
1617	1617	to maintain competitive rates at the arsenals. 23 63
1618	1618	•S 2587 RS
1619	1619	SEC. 8025. (a) Of the funds made available in this 1
1620	1620	Act, not less than $69,000,000 shall be available for the 2
1621	1621	Civil Air Patrol Corporation, of which— 3
1622	1622	(1) $55,100,000 shall be available from ‘‘Oper-4
1623	1623	ation and Maintenance, Air Force’’ to support Civil 5
1624	1624	Air Patrol Corporation operation and maintenance, 6
1625	1625	readiness, counter-drug activities, and drug demand 7
1626	1626	reduction activities involving youth programs; 8
1627	1627	(2) $11,900,000 shall be available from ‘‘Air-9
1628	1628	craft Procurement, Air Force’’; and 10
1629	1629	(3) $2,000,000 shall be available from ‘‘Other 11
1630	1630	Procurement, Air Force’’ for vehicle procurement. 12
1631	1631	(b) The Secretary of the Air Force should waive reim-13
1632	1632	bursement for any funds used by the Civil Air Patrol for 14
1633	1633	counter-drug activities in support of Federal, State, and 15
1634	1634	local government agencies. 16
1635	1635	S
1636	1636	EC. 8026. (a) None of the funds appropriated in this 17
1637	1637	Act are available to establish a new Department of De-18
1638	1638	fense (department) federally funded research and develop-19
1639	1639	ment center (FFRDC), either as a new entity, or as a 20
1640	1640	separate entity administrated by an organization man-21
1641	1641	aging another FFRDC, or as a nonprofit membership cor-22
1642	1642	poration consisting of a consortium of other FFRDCs and 23
1643	1643	other nonprofit entities. 24 64
1644	1644	•S 2587 RS
1645	1645	(b) Except when acting in a technical advisory capac-1
1646	1646	ity, no member of a Board of Directors, Trustees, Over-2
1647	1647	seers, Advisory Group, Special Issues Panel, Visiting Com-3
1648	1648	mittee, or any similar entity of a defense FFRDC, or any 4
1649	1649	entity that contracts with the Federal government to man-5
1650	1650	age or operate one or more FFRDCs, or any paid consult-6
1651	1651	ant to a defense FFRDC shall receive funds appropriated 7
1652	1652	by this Act as compensation for services as a member of 8
1653	1653	such entity: Provided, That a member of any such entity 9
1654	1654	shall be allowed travel expenses and per diem as author-10
1655	1655	ized under the Federal Joint Travel Regulations, when en-11
1656	1656	gaged in the performance of membership duties: Provided 12
1657	1657	further, That no paid consultant shall receive funds appro-13
1658	1658	priated by this Act as compensation by more than one 14
1659	1659	FFRDC in a calendar year. 15
1660	1660	(c) Notwithstanding any other provision of law, none 16
1661	1661	of the funds available to the department from any source 17
1662	1662	during the current fiscal year may be used by a defense 18
1663	1663	FFRDC, through a fee or other payment mechanism, for 19
1664	1664	construction of new buildings not located on a military in-20
1665	1665	stallation, for payment of cost sharing for projects funded 21
1666	1666	by Government grants, for absorption of contract over-22
1667	1667	runs, or for certain charitable contributions, not to include 23
1668	1668	employee participation in community service and/or devel-24
1669	1669	opment. 25 65
1670	1670	•S 2587 RS
1671	1671	(d) Notwithstanding any other provision of law, of 1
1672	1672	the funds available to the department during fiscal year 2
1673	1673	2024, not more than $2,857,803,000 may be funded for 3
1674	1674	professional technical staff-related costs of the defense 4
1675	1675	FFRDCs: Provided, That within such funds, not more 5
1676	1676	than $456,803,000 shall be available for the defense stud-6
1677	1677	ies and analysis FFRDCs: Provided further, That this sub-7
1678	1678	section shall not apply to staff years funded in the Na-8
1679	1679	tional Intelligence Program and the Military Intelligence 9
1680	1680	Program: Provided further, That the Secretary of Defense 10
1681	1681	shall, with the submission of the department’s fiscal year 11
1682	1682	2025 budget request, submit a report presenting the spe-12
1683	1683	cific amounts of staff years of technical effort to be allo-13
1684	1684	cated for each defense FFRDC by program during that 14
1685	1685	fiscal year and the associated budget estimates, by appro-15
1686	1686	priation account and program. 16
1687	1687	(e) Notwithstanding any other provision of this Act, 17
1688	1688	the total amount appropriated in this Act for FFRDCs 18
1689	1689	is hereby reduced by $27,197,000: Provided, That this 19
1690	1690	subsection shall not apply to appropriations for the Na-20
1691	1691	tional Intelligence Program and Military Intelligence Pro-21
1692	1692	gram. 22
1693	1693	S
1694	1694	EC. 8027. For the purposes of this Act, the term 23
1695	1695	‘‘congressional defense committees’’ means the Armed 24
1696	1696	Services Committee of the House of Representatives, the 25 66
1697	1697	•S 2587 RS
1698	1698	Armed Services Committee of the Senate, the Sub-1
1699	1699	committee on Defense of the Committee on Appropriations 2
1700	1700	of the House of Representatives, and the Subcommittee 3
1701	1701	on Defense of the Committee on Appropriations of the 4
1702	1702	Senate. 5
1703	1703	S
1704	1704	EC. 8028. For the purposes of this Act, the term 6
1705	1705	‘‘congressional intelligence committees’’ means the Perma-7
1706	1706	nent Select Committee on Intelligence of the House of 8
1707	1707	Representatives, the Select Committee on Intelligence of 9
1708	1708	the Senate, the Subcommittee on Defense of the Com-10
1709	1709	mittee on Appropriations of the House of Representatives, 11
1710	1710	and the Subcommittee on Defense of the Committee on 12
1711	1711	Appropriations of the Senate. 13
1712	1712	S
1713	1713	EC. 8029. During the current fiscal year, the De-14
1714	1714	partment of Defense may acquire the modification, depot 15
1715	1715	maintenance and repair of aircraft, vehicles and vessels 16
1716	1716	as well as the production of components and other De-17
1717	1717	fense-related articles, through competition between De-18
1718	1718	partment of Defense depot maintenance activities and pri-19
1719	1719	vate firms: Provided, That the Senior Acquisition Execu-20
1720	1720	tive of the military department or Defense Agency con-21
1721	1721	cerned, with power of delegation, shall certify that success-22
1722	1722	ful bids include comparable estimates of all direct and in-23
1723	1723	direct costs for both public and private bids: Provided fur-24
1724	1724	ther, That Office of Management and Budget Circular A– 25 67
1725	1725	•S 2587 RS
1726	1726	76 shall not apply to competitions conducted under this 1
1727	1727	section. 2
1728	1728	S
1729	1729	EC. 8030. (a) None of the funds appropriated in this 3
1730	1730	Act may be expended by an entity of the Department of 4
1731	1731	Defense unless the entity, in expending the funds, com-5
1732	1732	plies with the Buy American Act. For purposes of this 6
1733	1733	subsection, the term ‘‘Buy American Act’’ means chapter 7
1734	1734	83 of title 41, United States Code. 8
1735	1735	(b) If the Secretary of Defense determines that a per-9
1736	1736	son has been convicted of intentionally affixing a label 10
1737	1737	bearing a ‘‘Made in America’’ inscription to any product 11
1738	1738	sold in or shipped to the United States that is not made 12
1739	1739	in America, the Secretary shall determine, in accordance 13
1740	1740	with section 4658 of title 10, United States Code, whether 14
1741	1741	the person should be debarred from contracting with the 15
1742	1742	Department of Defense. 16
1743	1743	(c) In the case of any equipment or products pur-17
1744	1744	chased with appropriations provided under this Act, it is 18
1745	1745	the sense of the Congress that any entity of the Depart-19
1746	1746	ment of Defense, in expending the appropriation, purchase 20
1747	1747	only American-made equipment and products, provided 21
1748	1748	that American-made equipment and products are cost- 22
1749	1749	competitive, quality competitive, and available in a timely 23
1750	1750	fashion. 24 68
1751	1751	•S 2587 RS
1752	1752	SEC. 8031. None of the funds appropriated or made 1
1753	1753	available in this Act shall be used to procure carbon, alloy, 2
1754	1754	or armor steel plate for use in any Government-owned fa-3
1755	1755	cility or property under the control of the Department of 4
1756	1756	Defense which were not melted and rolled in the United 5
1757	1757	States or Canada: Provided, That these procurement re-6
1758	1758	strictions shall apply to any and all Federal Supply Class 7
1759	1759	9515, American Society of Testing and Materials (ASTM) 8
1760	1760	or American Iron and Steel Institute (AISI) specifications 9
1761	1761	of carbon, alloy or armor steel plate: Provided further, 10
1762	1762	That the Secretary of the military department responsible 11
1763	1763	for the procurement may waive this restriction on a case- 12
1764	1764	by-case basis by certifying in writing to the Committees 13
1765	1765	on Appropriations of the House of Representatives and the 14
1766	1766	Senate that adequate domestic supplies are not available 15
1767	1767	to meet Department of Defense requirements on a timely 16
1768	1768	basis and that such an acquisition must be made in order 17
1769	1769	to acquire capability for national security purposes: Pro-18
1770	1770	vided further, That these restrictions shall not apply to 19
1771	1771	contracts which are in being as of the date of the enact-20
1772	1772	ment of this Act. 21
1773	1773	S
1774	1774	EC. 8032. (a)(1) If the Secretary of Defense, after 22
1775	1775	consultation with the United States Trade Representative, 23
1776	1776	determines that a foreign country which is party to an 24
1777	1777	agreement described in paragraph (2) has violated the 25 69
1778	1778	•S 2587 RS
1779	1779	terms of the agreement by discriminating against certain 1
1780	1780	types of products produced in the United States that are 2
1781	1781	covered by the agreement, the Secretary of Defense shall 3
1782	1782	rescind the Secretary’s blanket waiver of the Buy Amer-4
1783	1783	ican Act with respect to such types of products produced 5
1784	1784	in that foreign country. 6
1785	1785	(2) An agreement referred to in paragraph (1) is any 7
1786	1786	reciprocal defense procurement memorandum of under-8
1787	1787	standing, between the United States and a foreign country 9
1788	1788	pursuant to which the Secretary of Defense has prospec-10
1789	1789	tively waived the Buy American Act for certain products 11
1790	1790	in that country. 12
1791	1791	(b) The Secretary of Defense shall submit to the Con-13
1792	1792	gress a report on the amount of Department of Defense 14
1793	1793	purchases from foreign entities in fiscal year 2024. Such 15
1794	1794	report shall separately indicate the dollar value of items 16
1795	1795	for which the Buy American Act was waived pursuant to 17
1796	1796	any agreement described in subsection (a)(2), the Trade 18
1797	1797	Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any 19
1798	1798	international agreement to which the United States is a 20
1799	1799	party. 21
1800	1800	(c) For purposes of this section, the term ‘‘Buy 22
1801	1801	American Act’’ means chapter 83 of title 41, United 23
1802	1802	States Code. 24 70
1803	1803	•S 2587 RS
1804	1804	SEC. 8033. None of the funds appropriated by this 1
1805	1805	Act may be used for the procurement of ball and roller 2
1806	1806	bearings other than those produced by a domestic source 3
1807	1807	and of domestic origin: Provided, That the Secretary of 4
1808	1808	the military department responsible for such procurement 5
1809	1809	may waive this restriction on a case-by-case basis by certi-6
1810	1810	fying in writing to the Committees on Appropriations of 7
1811	1811	the House of Representatives and the Senate, that ade-8
1812	1812	quate domestic supplies are not available to meet Depart-9
1813	1813	ment of Defense requirements on a timely basis and that 10
1814	1814	such an acquisition must be made in order to acquire ca-11
1815	1815	pability for national security purposes: Provided further, 12
1816	1816	That this restriction shall not apply to the purchase of 13
1817	1817	‘‘commercial products’’, as defined by section 103 of title 14
1818	1818	41, United States Code, except that the restriction shall 15
1819	1819	apply to ball or roller bearings purchased as end items. 16
1820	1820	S
1821	1821	EC. 8034. In addition to any other funds made 17
1822	1822	available for such purposes, there is appropriated 18
1823	1823	$207,629,000, for an additional amount for the ‘‘National 19
1824	1824	Defense Stockpile Transaction Fund’’, to remain available 20
1825	1825	until September 30, 2026, for activities pursuant to the 21
1826	1826	Strategic and Critical Materials Stock Piling Act (50 22
1827	1827	U.S.C. 98 et seq.): Provided, That none of the funds pro-23
1828	1828	vided under this section may be obligated or expended 24
1829	1829	until 30 days after the Secretary of Defense provides the 25 71
1830	1830	•S 2587 RS
1831	1831	Committees on Appropriations of the House of Represent-1
1832	1832	atives and the Senate a detailed execution plan for such 2
1833	1833	funds. 3
1834	1834	S
1835	1835	EC. 8035. None of the funds in this Act may be 4
1836	1836	used to purchase any supercomputer which is not manu-5
1837	1837	factured in the United States, unless the Secretary of De-6
1838	1838	fense certifies to the congressional defense committees 7
1839	1839	that such an acquisition must be made in order to acquire 8
1840	1840	capability for national security purposes that is not avail-9
1841	1841	able from United States manufacturers. 10
1842	1842	S
1843	1843	EC. 8036. (a) The Secretary of Defense may, on a 11
1844	1844	case-by-case basis, waive with respect to a foreign country 12
1845	1845	each limitation on the procurement of defense items from 13
1846	1846	foreign sources provided in law if the Secretary determines 14
1847	1847	that the application of the limitation with respect to that 15
1848	1848	country would invalidate cooperative programs entered 16
1849	1849	into between the Department of Defense and the foreign 17
1850	1850	country, or would invalidate reciprocal trade agreements 18
1851	1851	for the procurement of defense items entered into under 19
1852	1852	section 2531 of title 10, United States Code, and the 20
1853	1853	country does not discriminate against the same or similar 21
1854	1854	defense items produced in the United States for that coun-22
1855	1855	try. 23
1856	1856	(b) Subsection (a) applies with respect to— 24 72
1857	1857	•S 2587 RS
1858	1858	(1) contracts and subcontracts entered into on 1
1859	1859	or after the date of the enactment of this Act; and 2
1860	1860	(2) options for the procurement of items that 3
1861	1861	are exercised after such date under contracts that 4
1862	1862	are entered into before such date if the option prices 5
1863	1863	are adjusted for any reason other than the applica-6
1864	1864	tion of a waiver granted under subsection (a). 7
1865	1865	(c) Subsection (a) does not apply to a limitation re-8
1866	1866	garding construction of public vessels, ball and roller bear-9
1867	1867	ings, food, and clothing or textile materials as defined by 10
1868	1868	section XI (chapters 50–65) of the Harmonized Tariff 11
1869	1869	Schedule of the United States and products classified 12
1870	1870	under headings 4010, 4202, 4203, 6401 through 6406, 13
1871	1871	6505, 7019, 7218 through 7229, 7304.41 through 14
1872	1872	7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 15
1873	1873	8211, 8215, and 9404. 16
1874	1874	S
1875	1875	EC. 8037. None of the funds made available in this 17
1876	1876	Act, or any subsequent Act making appropriations for the 18
1877	1877	Department of Defense, may be used for the purchase or 19
1878	1878	manufacture of a flag of the United States unless such 20
1879	1879	flags are treated as covered items under section 4862(b) 21
1880	1880	of title 10, United States Code. 22
1881	1881	S
1882	1882	EC. 8038. During the current fiscal year, amounts 23
1883	1883	contained in the Department of Defense Overseas Military 24
1884	1884	Facility Investment Recovery Account shall be available 25 73
1885	1885	•S 2587 RS
1886	1886	until expended for the payments specified by section 1
1887	1887	2687a(b)(2) of title 10, United States Code. 2
1888	1888	S
1889	1889	EC. 8039. During the current fiscal year, appropria-3
1890	1890	tions which are available to the Department of Defense 4
1891	1891	for operation and maintenance may be used to purchase 5
1892	1892	items having an investment item unit cost of not more 6
1893	1893	than $350,000: Provided, That upon determination by the 7
1894	1894	Secretary of Defense that such action is necessary to meet 8
1895	1895	the operational requirements of a Commander of a Com-9
1896	1896	batant Command engaged in a named contingency oper-10
1897	1897	ation overseas, such funds may be used to purchase items 11
1898	1898	having an investment item unit cost of not more than 12
1899	1899	$500,000. 13
1900	1900	S
1901	1901	EC. 8040. Up to $13,809,000 of the funds appro-14
1902	1902	priated under the heading ‘‘Operation and Maintenance, 15
1903	1903	Navy’’ may be made available for the Asia Pacific Re-16
1904	1904	gional Initiative Program for the purpose of enabling the 17
1905	1905	United States Indo-Pacific Command to execute Theater 18
1906	1906	Security Cooperation activities such as humanitarian as-19
1907	1907	sistance, and payment of incremental and personnel costs 20
1908	1908	of training and exercising with foreign security forces: 21
1909	1909	Provided, That funds made available for this purpose may 22
1910	1910	be used, notwithstanding any other funding authorities for 23
1911	1911	humanitarian assistance, security assistance or combined 24
1912	1912	exercise expenses: Provided further, That funds may not 25 74
1913	1913	•S 2587 RS
1914	1914	be obligated to provide assistance to any foreign country 1
1915	1915	that is otherwise prohibited from receiving such type of 2
1916	1916	assistance under any other provision of law. 3
1917	1917	S
1918	1918	EC. 8041. The Secretary of Defense shall issue reg-4
1919	1919	ulations to prohibit the sale of any tobacco or tobacco- 5
1920	1920	related products in military resale outlets in the United 6
1921	1921	States, its territories and possessions at a price below the 7
1922	1922	most competitive price in the local community: Provided, 8
1923	1923	That such regulations shall direct that the prices of to-9
1924	1924	bacco or tobacco-related products in overseas military re-10
1925	1925	tail outlets shall be within the range of prices established 11
1926	1926	for military retail system stores located in the United 12
1927	1927	States. 13
1928	1928	S
1929	1929	EC. 8042. (a) During the current fiscal year, none 14
1930	1930	of the appropriations or funds available to the Department 15
1931	1931	of Defense Working Capital Funds shall be used for the 16
1932	1932	purchase of an investment item for the purpose of acquir-17
1933	1933	ing a new inventory item for sale or anticipated sale dur-18
1934	1934	ing the current fiscal year or a subsequent fiscal year to 19
1935	1935	customers of the Department of Defense Working Capital 20
1936	1936	Funds if such an item would not have been chargeable 21
1937	1937	to the Department of Defense Business Operations Fund 22
1938	1938	during fiscal year 1994 and if the purchase of such an 23
1939	1939	investment item would be chargeable during the current 24 75
1940	1940	•S 2587 RS
1941	1941	fiscal year to appropriations made to the Department of 1
1942	1942	Defense for procurement. 2
1943	1943	(b) The fiscal year 2025 budget request for the De-3
1944	1944	partment of Defense as well as all justification material 4
1945	1945	and other documentation supporting the fiscal year 2025 5
1946	1946	Department of Defense budget shall be prepared and sub-6
1947	1947	mitted to the Congress on the basis that any equipment 7
1948	1948	which was classified as an end item and funded in a pro-8
1949	1949	curement appropriation contained in this Act shall be 9
1950	1950	budgeted for in a proposed fiscal year 2025 procurement 10
1951	1951	appropriation and not in the supply management business 11
1952	1952	area or any other area or category of the Department of 12
1953	1953	Defense Working Capital Funds. 13
1954	1954	S
1955	1955	EC. 8043. None of the funds appropriated by this 14
1956	1956	Act for programs of the Central Intelligence Agency shall 15
1957	1957	remain available for obligation beyond the current fiscal 16
1958	1958	year, except for funds appropriated for the Reserve for 17
1959	1959	Contingencies, which shall remain available until Sep-18
1960	1960	tember 30, 2025: Provided, That funds appropriated, 19
1961	1961	transferred, or otherwise credited to the Central Intel-20
1962	1962	ligence Agency Central Services Working Capital Fund 21
1963	1963	during this or any prior or subsequent fiscal year shall 22
1964	1964	remain available until expended: Provided further, That 23
1965	1965	any funds appropriated or transferred to the Central Intel-24
1966	1966	ligence Agency for advanced research and development ac-25 76
1967	1967	•S 2587 RS
1968	1968	quisition, for agent operations, and for covert action pro-1
1969	1969	grams authorized by the President under section 503 of 2
1970	1970	the National Security Act of 1947 (50 U.S.C. 3093) shall 3
1971	1971	remain available until September 30, 2025: Provided fur-4
1972	1972	ther, That any funds appropriated or transferred to the 5
1973	1973	Central Intelligence Agency for the construction, improve-6
1974	1974	ment, or alteration of facilities, including leased facilities, 7
1975	1975	to be used primarily by personnel of the intelligence com-8
1976	1976	munity, shall remain available until September 30, 2026. 9
1977	1977	S
1978	1978	EC. 8044. (a) None of the funds appropriated by 10
1979	1979	this Act shall be available to convert to contractor per-11
1980	1980	formance an activity or function of the Department of De-12
1981	1981	fense that, on or after the date of the enactment of this 13
1982	1982	Act, is performed by Department of Defense civilian em-14
1983	1983	ployees unless— 15
1984	1984	(1) the conversion is based on the result of a 16
1985	1985	public-private competition that includes a most effi-17
1986	1986	cient and cost effective organization plan developed 18
1987	1987	by such activity or function; 19
1988	1988	(2) the Competitive Sourcing Official deter-20
1989	1989	mines that, over all performance periods stated in 21
1990	1990	the solicitation of offers for performance of the ac-22
1991	1991	tivity or function, the cost of performance of the ac-23
1992	1992	tivity or function by a contractor would be less costly 24 77
1993	1993	•S 2587 RS
1994	1994	to the Department of Defense by an amount that 1
1995	1995	equals or exceeds the lesser of— 2
1996	1996	(A) 10 percent of the most efficient organi-3
1997	1997	zation’s personnel-related costs for performance 4
1998	1998	of that activity or function by Federal employ-5
1999	1999	ees; or 6
2000	2000	(B) $10,000,000; and 7
2001	2001	(3) the contractor does not receive an advan-8
2002	2002	tage for a proposal that would reduce costs for the 9
2003	2003	Department of Defense by— 10
2004	2004	(A) not making an employer-sponsored 11
2005	2005	health insurance plan available to the workers 12
2006	2006	who are to be employed in the performance of 13
2007	2007	that activity or function under the contract; or 14
2008	2008	(B) offering to such workers an employer- 15
2009	2009	sponsored health benefits plan that requires the 16
2010	2010	employer to contribute less towards the pre-17
2011	2011	mium or subscription share than the amount 18
2012	2012	that is paid by the Department of Defense for 19
2013	2013	health benefits for civilian employees under 20
2014	2014	chapter 89 of title 5, United States Code. 21
2015	2015	(b)(1) The Department of Defense, without regard 22
2016	2016	to subsection (a) of this section or subsection (a), (b), or 23
2017	2017	(c) of section 2461 of title 10, United States Code, and 24
2018	2018	notwithstanding any administrative regulation, require-25 78
2019	2019	•S 2587 RS
2020	2020	ment, or policy to the contrary shall have full authority 1
2021	2021	to enter into a contract for the performance of any com-2
2022	2022	mercial or industrial type function of the Department of 3
2023	2023	Defense that— 4
2024	2024	(A) is included on the procurement list estab-5
2025	2025	lished pursuant to section 2 of the Javits-Wagner- 6
2026	2026	O’Day Act (section 8503 of title 41, United States 7
2027	2027	Code); 8
2028	2028	(B) is planned to be converted to performance 9
2029	2029	by a qualified nonprofit agency for the blind or by 10
2030	2030	a qualified nonprofit agency for other severely handi-11
2031	2031	capped individuals in accordance with that Act; or 12
2032	2032	(C) is planned to be converted to performance 13
2033	2033	by a qualified firm under at least 51 percent owner-14
2034	2034	ship by an Indian tribe, as defined in section 4(e) 15
2035	2035	of the Indian Self-Determination and Education As-16
2036	2036	sistance Act (25 U.S.C. 450b(e)), or a Native Ha-17
2037	2037	waiian Organization, as defined in section 8(a)(15) 18
2038	2038	of the Small Business Act (15 U.S.C. 637(a)(15)). 19
2039	2039	(2) This section shall not apply to depot contracts 20
2040	2040	or contracts for depot maintenance as provided in sections 21
2041	2041	2469 and 2474 of title 10, United States Code. 22
2042	2042	(c) The conversion of any activity or function of the 23
2043	2043	Department of Defense under the authority provided by 24
2044	2044	this section shall be credited toward any competitive or 25 79
2045	2045	•S 2587 RS
2046	2046	outsourcing goal, target, or measurement that may be es-1
2047	2047	tablished by statute, regulation, or policy and is deemed 2
2048	2048	to be awarded under the authority of, and in compliance 3
2049	2049	with, subsection (h) of section 2304 of title 10, United 4
2050	2050	States Code, for the competition or outsourcing of com-5
2051	2051	mercial activities. 6
2052	2052	(RESCISSIONS) 7
2053	2053	S
2054	2054	EC. 8045. Of the funds appropriated in Department 8
2055	2055	of Defense Appropriations Acts, the following funds are 9
2056	2056	hereby rescinded from the following accounts and pro-10
2057	2057	grams in the specified amounts: Provided, That no 11
2058	2058	amounts may be rescinded from amounts that were des-12
2059	2059	ignated by the Congress as an emergency requirement 13
2060	2060	pursuant to a concurrent resolution on the budget or the 14
2061	2061	Balanced Budget and Emergency Deficit Control Act of 15
2062	2062	1985: 16
2063	2063	‘‘Other Procurement, Army’’, 2022/2024, 17
2064	2064	$10,000,000; 18
2065	2065	‘‘Shipbuilding and Conversion, Navy: T- 19
2066	2066	AGOS’’, 2022/2026, $158,300,000; 20
2067	2067	‘‘Other Procurement, Navy’’, 2022/2024, 21
2068	2068	$1,447,000; 22
2069	2069	‘‘Aircraft Procurement, Air Force’’, 2022/2024, 23
2070	2070	$45,306,000; 24 80
2071	2071	•S 2587 RS
2072	2072	‘‘Procurement, Defense-Wide’’, 2022/2024, 1
2073	2073	$204,000; 2
2074	2074	‘‘Operation and Maintenance, Defense-Wide’’, 3
2075	2075	2023/2024, $24,000,000; 4
2076	2076	‘‘Counter-ISIS Train and Equip Fund’’, 2023/ 5
2077	2077	2024, $48,000,000; 6
2078	2078	‘‘Other Procurement, Army’’, 2023/2025, 7
2079	2079	$58,962,000; 8
2080	2080	‘‘Aircraft Procurement, Navy’’, 2023/2025, 9
2081	2081	$225,323,000; 10
2082	2082	‘‘Procurement of Ammunition, Navy and Ma-11
2083	2083	rine Corps’’, 2023/2025, $2,262,000; 12
2084	2084	‘‘Shipbuilding and Conversion, Navy: DDG-51 13
2085	2085	Advance Procurement’’, 2023/2027, $77,300,000; 14
2086	2086	‘‘Shipbuilding and Conversion, Navy: LPD 15
2087	2087	Flight II Advance Procurement’’, 2023/2027, 16
2088	2088	$250,000,000; 17
2089	2089	‘‘Other Procurement, Navy’’, 2023/2025, 18
2090	2090	$4,695,000; 19
2091	2091	‘‘Aircraft Procurement, Air Force’’, 2023/2025, 20
2092	2092	$223,620,000; 21
2093	2093	‘‘Other Procurement, Air Force’’, 2023/2025, 22
2094	2094	$37,100,000; 23
2095	2095	‘‘Procurement, Space Force’’, 2023/2025, 24
2096	2096	$159,566,000; 25 81
2097	2097	•S 2587 RS
2098	2098	‘‘Procurement, Defense-Wide’’, 2023/2025, 1
2099	2099	$23,019,000; 2
2100	2100	‘‘Research, Development, Test and Evaluation, 3
2101	2101	Army’’, 2023/2024, $26,170,000; 4
2102	2102	‘‘Research, Development, Test and Evaluation, 5
2103	2103	Navy’’, 2023/2024, $116,061,000; 6
2104	2104	‘‘Research, Development, Test and Evaluation, 7
2105	2105	Air Force’’, 2023/2024, $63,624,000; 8
2106	2106	‘‘Research, Development, Test and Evaluation, 9
2107	2107	Space Force’’, 2023/2024, $16,878,000; and 10
2108	2108	‘‘Research, Development, Test and Evaluation, 11
2109	2109	Defense-Wide’’, 2023/2024, $75,986,000. 12
2110	2110	S
2111	2111	EC. 8046. None of the funds made available in this 13
2112	2112	Act may be used to reduce the authorized positions for 14
2113	2113	military technicians (dual status) of the Army National 15
2114	2114	Guard, Air National Guard, Army Reserve and Air Force 16
2115	2115	Reserve for the purpose of applying any administratively 17
2116	2116	imposed civilian personnel ceiling, freeze, or reduction on 18
2117	2117	military technicians (dual status), unless such reductions 19
2118	2118	are a direct result of a reduction in military force struc-20
2119	2119	ture. 21
2120	2120	S
2121	2121	EC. 8047. None of the funds appropriated or other-22
2122	2122	wise made available in this Act may be obligated or ex-23
2123	2123	pended for assistance to the Democratic People’s Republic 24
2124	2124	of Korea unless specifically appropriated for that purpose: 25 82
2125	2125	•S 2587 RS
2126	2126	Provided, That this restriction shall not apply to any ac-1
2127	2127	tivities incidental to the Defense POW/MIA Accounting 2
2128	2128	Agency mission to recover and identify the remains of 3
2129	2129	United States Armed Forces personnel from the Demo-4
2130	2130	cratic People’s Republic of Korea. 5
2131	2131	S
2132	2132	EC. 8048. In this fiscal year and each fiscal year 6
2133	2133	thereafter, funds appropriated for operation and mainte-7
2134	2134	nance of the Military Departments, Combatant Com-8
2135	2135	mands and Defense Agencies shall be available for reim-9
2136	2136	bursement of pay, allowances and other expenses which 10
2137	2137	would otherwise be incurred against appropriations for the 11
2138	2138	National Guard and Reserve when members of the Na-12
2139	2139	tional Guard and Reserve provide intelligence or counter-13
2140	2140	intelligence support to Combatant Commands, Defense 14
2141	2141	Agencies and Joint Intelligence Activities, including the 15
2142	2142	activities and programs included within the National Intel-16
2143	2143	ligence Program and the Military Intelligence Program: 17
2144	2144	Provided, That nothing in this section authorizes deviation 18
2145	2145	from established Reserve and National Guard personnel 19
2146	2146	and training procedures. 20
2147	2147	S
2148	2148	EC. 8049. (a) None of the funds available to the 21
2149	2149	Department of Defense for any fiscal year for drug inter-22
2150	2150	diction or counter-drug activities may be transferred to 23
2151	2151	any other department or agency of the United States ex-24
2152	2152	cept as specifically provided in an appropriations law. 25 83
2153	2153	•S 2587 RS
2154	2154	(b) None of the funds available to the Central Intel-1
2155	2155	ligence Agency for any fiscal year for drug interdiction or 2
2156	2156	counter-drug activities may be transferred to any other de-3
2157	2157	partment or agency of the United States except as specifi-4
2158	2158	cally provided in an appropriations law. 5
2159	2159	S
2160	2160	EC. 8050. In addition to the amounts appropriated 6
2161	2161	or otherwise made available elsewhere in this Act, 7
2162	2162	$24,000,000 is hereby appropriated to the Department of 8
2163	2163	Defense: Provided, That upon the determination of the 9
2164	2164	Secretary of Defense that it shall serve the national inter-10
2165	2165	est, the Secretary shall make grants in the amounts speci-11
2166	2166	fied as follows: $24,000,000 to the United Service Organi-12
2167	2167	zations. 13
2168	2168	S
2169	2169	EC. 8051. Notwithstanding any other provision in 14
2170	2170	this Act, the Small Business Innovation Research program 15
2171	2171	and the Small Business Technology Transfer program set- 16
2172	2172	asides shall be taken proportionally from all programs, 17
2173	2173	projects, or activities to the extent they contribute to the 18
2174	2174	extramural budget. The Secretary of each military depart-19
2175	2175	ment, the Director of each Defense Agency, and the head 20
2176	2176	of each other relevant component of the Department of 21
2177	2177	Defense shall submit to the congressional defense commit-22
2178	2178	tees, concurrent with submission of the budget justifica-23
2179	2179	tion documents to Congress pursuant to section 1105 of 24
2180	2180	title 31, United States Code, a report with a detailed ac-25 84
2181	2181	•S 2587 RS
2182	2182	counting of the Small Business Innovation Research pro-1
2183	2183	gram and the Small Business Technology Transfer pro-2
2184	2184	gram set-asides taken from programs, projects, or activi-3
2185	2185	ties within such department, agency, or component during 4
2186	2186	the most recently completed fiscal year. 5
2187	2187	S
2188	2188	EC. 8052. None of the funds available to the De-6
2189	2189	partment of Defense under this Act shall be obligated or 7
2190	2190	expended to pay a contractor under a contract with the 8
2191	2191	Department of Defense for costs of any amount paid by 9
2192	2192	the contractor to an employee when— 10
2193	2193	(1) such costs are for a bonus or otherwise in 11
2194	2194	excess of the normal salary paid by the contractor 12
2195	2195	to the employee; and 13
2196	2196	(2) such bonus is part of restructuring costs as-14
2197	2197	sociated with a business combination. 15
2198	2198	(INCLUDING TRANSFER OF FUNDS) 16
2199	2199	S
2200	2200	EC. 8053. During the current fiscal year, no more 17
2201	2201	than $30,000,000 of appropriations made in this Act 18
2202	2202	under the heading ‘‘Operation and Maintenance, Defense- 19
2203	2203	Wide’’ may be transferred to appropriations available for 20
2204	2204	the pay of military personnel, to be merged with, and to 21
2205	2205	be available for the same time period as the appropriations 22
2206	2206	to which transferred, to be used in support of such per-23
2207	2207	sonnel in connection with support and services for eligible 24
2208	2208	organizations and activities outside the Department of De-25 85
2209	2209	•S 2587 RS
2210	2210	fense pursuant to section 2012 of title 10, United States 1
2211	2211	Code. 2
2212	2212	S
2213	2213	EC. 8054. During the current fiscal year, in the case 3
2214	2214	of an appropriation account of the Department of Defense 4
2215	2215	for which the period of availability for obligation has ex-5
2216	2216	pired or which has closed under the provisions of section 6
2217	2217	1552 of title 31, United States Code, and which has a 7
2218	2218	negative unliquidated or unexpended balance, an obliga-8
2219	2219	tion or an adjustment of an obligation may be charged 9
2220	2220	to any current appropriation account for the same purpose 10
2221	2221	as the expired or closed account if— 11
2222	2222	(1) the obligation would have been properly 12
2223	2223	chargeable (except as to amount) to the expired or 13
2224	2224	closed account before the end of the period of avail-14
2225	2225	ability or closing of that account; 15
2226	2226	(2) the obligation is not otherwise properly 16
2227	2227	chargeable to any current appropriation account of 17
2228	2228	the Department of Defense; and 18
2229	2229	(3) in the case of an expired account, the obli-19
2230	2230	gation is not chargeable to a current appropriation 20
2231	2231	of the Department of Defense under the provisions 21
2232	2232	of section 1405(b)(8) of the National Defense Au-22
2233	2233	thorization Act for Fiscal Year 1991, Public Law 23
2234	2234	101–510, as amended (31 U.S.C. 1551 note): Pro-24
2235	2235	vided, That in the case of an expired account, if sub-25 86
2236	2236	•S 2587 RS
2237	2237	sequent review or investigation discloses that there 1
2238	2238	was not in fact a negative unliquidated or unex-2
2239	2239	pended balance in the account, any charge to a cur-3
2240	2240	rent account under the authority of this section shall 4
2241	2241	be reversed and recorded against the expired ac-5
2242	2242	count: Provided further, That the total amount 6
2243	2243	charged to a current appropriation under this sec-7
2244	2244	tion may not exceed an amount equal to 1 percent 8
2245	2245	of the total appropriation for that account: 9
2246	2246	Provided, That the Under Secretary of Defense (Comp-10
2247	2247	troller) shall include with the budget of the President for 11
2248	2248	fiscal year 2025 (as submitted to Congress pursuant to 12
2249	2249	section 1105 of title 31, United States Code) a statement 13
2250	2250	describing each instance if any, during each of the fiscal 14
2251	2251	years 2018 through 2024 in which the authority in this 15
2252	2252	section was exercised. 16
2253	2253	S
2254	2254	EC. 8055. (a) Notwithstanding any other provision 17
2255	2255	of law, the Chief of the National Guard Bureau may per-18
2256	2256	mit the use of equipment of the National Guard Distance 19
2257	2257	Learning Project by any person or entity on a space-avail-20
2258	2258	able, reimbursable basis. The Chief of the National Guard 21
2259	2259	Bureau shall establish the amount of reimbursement for 22
2260	2260	such use on a case-by-case basis. 23
2261	2261	(b) Amounts collected under subsection (a) shall be 24
2262	2262	credited to funds available for the National Guard Dis-25 87
2263	2263	•S 2587 RS
2264	2264	tance Learning Project and be available to defray the costs 1
2265	2265	associated with the use of equipment of the project under 2
2266	2266	that subsection. Such funds shall be available for such 3
2267	2267	purposes without fiscal year limitation. 4
2268	2268	S
2269	2269	EC. 8056. (a) None of the funds appropriated or 5
2270	2270	otherwise made available by this or prior Acts may be obli-6
2271	2271	gated or expended to retire, prepare to retire, or place in 7
2272	2272	storage or on backup aircraft inventory status any C-40 8
2273	2273	aircraft. 9
2274	2274	(b) The limitation under subsection (a) shall not 10
2275	2275	apply to an individual C-40 aircraft that the Secretary of 11
2276	2276	the Air Force determines, on a case-by-case basis, to be 12
2277	2277	no longer mission capable due to a Class A mishap. 13
2278	2278	(c) If the Secretary determines under subsection (b) 14
2279	2279	that an aircraft is no longer mission capable, the Secretary 15
2280	2280	shall submit to the congressional defense committees a 16
2281	2281	certification in writing that the status of such aircraft is 17
2282	2282	due to a Class A mishap and not due to lack of mainte-18
2283	2283	nance, repairs, or other reasons. 19
2284	2284	S
2285	2285	EC. 8057. (a) None of the funds appropriated in 20
2286	2286	title IV of this Act may be used to procure end-items for 21
2287	2287	delivery to military forces for operational training, oper-22
2288	2288	ational use, or inventory requirements: Provided, That this 23
2289	2289	restriction does not apply to end-items used in develop-24
2290	2290	ment, prototyping in accordance with an approved test 25 88
2291	2291	•S 2587 RS
2292	2292	strategy, and test activities preceding and leading to ac-1
2293	2293	ceptance for operational use. 2
2294	2294	(b) If the number of end-items budgeted with funds 3
2295	2295	appropriated in title IV of this Act exceeds the number 4
2296	2296	required in an approved test strategy, the Under Secretary 5
2297	2297	of Defense (Research and Engineering) and the Under 6
2298	2298	Secretary of Defense (Acquisition and Sustainment), in 7
2299	2299	coordination with the responsible Service Acquisition Ex-8
2300	2300	ecutive, shall certify in writing to the congressional de-9
2301	2301	fense committees that there is a bonafide need for the ad-10
2302	2302	ditional end-items at the time of submittal to Congress 11
2303	2303	of the budget of the President for fiscal year 2025 pursu-12
2304	2304	ant to section 1105 of title 31, United States Code: Pro-13
2305	2305	vided, That this restriction does not apply to programs 14
2306	2306	funded within the National Intelligence Program. 15
2307	2307	(c) The Secretary of Defense shall, at the time of the 16
2308	2308	submittal to Congress of the budget of the President for 17
2309	2309	fiscal year 2025 pursuant to section 1105 of title 31, 18
2310	2310	United States Code, submit to the congressional defense 19
2311	2311	committees a report detailing the use of funds requested 20
2312	2312	in research, development, test and evaluation accounts for 21
2313	2313	end-items used in development, prototyping and test ac-22
2314	2314	tivities preceding and leading to acceptance for operational 23
2315	2315	use: Provided, That the report shall set forth, for each 24
2316	2316	end item covered by the preceding proviso, a detailed list 25 89
2317	2317	•S 2587 RS
2318	2318	of the statutory authorities under which amounts in the 1
2319	2319	accounts described in that proviso were used for such item: 2
2320	2320	Provided further, That the Secretary of Defense shall, at 3
2321	2321	the time of the submittal to Congress of the budget of 4
2322	2322	the President for fiscal year 2025 pursuant to section 5
2323	2323	1105 of title 31, United States Code, submit to the con-6
2324	2324	gressional defense committees a certification that funds 7
2325	2325	requested for fiscal year 2025 in research, development, 8
2326	2326	test and evaluation accounts are in compliance with this 9
2327	2327	section: Provided further, That the Secretary of Defense 10
2328	2328	may waive this restriction on a case-by-case basis by certi-11
2329	2329	fying in writing to the Subcommittees on Defense of the 12
2330	2330	Committees on Appropriations of the House of Represent-13
2331	2331	atives and the Senate that it is in the national security 14
2332	2332	interest to do so. 15
2333	2333	S
2334	2334	EC. 8058. None of the funds appropriated or other-16
2335	2335	wise made available by this or other Department of De-17
2336	2336	fense Appropriations Acts may be obligated or expended 18
2337	2337	for the purpose of performing repairs or maintenance to 19
2338	2338	military family housing units of the Department of De-20
2339	2339	fense, including areas in such military family housing 21
2340	2340	units that may be used for the purpose of conducting offi-22
2341	2341	cial Department of Defense business. 23
2342	2342	S
2343	2343	EC. 8059. Notwithstanding any other provision of 24
2344	2344	law, funds appropriated in this Act under the heading 25 90
2345	2345	•S 2587 RS
2346	2346	‘‘Research, Development, Test and Evaluation, Defense- 1
2347	2347	Wide’’ for any new start defense innovation acceleration 2
2348	2348	or rapid prototyping program demonstration project with 3
2349	2349	a value of more than $5,000,000 may only be obligated 4
2350	2350	15 days after a report, including a description of the 5
2351	2351	project, the planned acquisition and transition strategy 6
2352	2352	and its estimated annual and total cost, has been provided 7
2353	2353	in writing to the congressional defense committees: Pro-8
2354	2354	vided, That the Secretary of Defense may waive this re-9
2355	2355	striction on a case-by-case basis by certifying to the con-10
2356	2356	gressional defense committees that it is in the national in-11
2357	2357	terest to do so. 12
2358	2358	S
2359	2359	EC. 8060. The Secretary of Defense shall continue 13
2360	2360	to provide a classified quarterly report to the Committees 14
2361	2361	on Appropriations of the House of Representatives and the 15
2362	2362	Senate, Subcommittees on Defense on certain matters as 16
2363	2363	directed in the classified annex accompanying this Act. 17
2364	2364	S
2365	2365	EC. 8061. Notwithstanding section 12310(b) of title 18
2366	2366	10, United States Code, a Reserve who is a member of 19
2367	2367	the National Guard serving on full-time National Guard 20
2368	2368	duty under section 502(f) of title 32, United States Code, 21
2369	2369	may perform duties in support of the ground-based ele-22
2370	2370	ments of the National Ballistic Missile Defense System. 23
2371	2371	S
2372	2372	EC. 8062. None of the funds provided in this Act 24
2373	2373	may be used to transfer to any nongovernmental entity 25 91
2374	2374	•S 2587 RS
2375	2375	ammunition held by the Department of Defense that has 1
2376	2376	a center-fire cartridge and a United States military no-2
2377	2377	menclature designation of ‘‘armor penetrator’’, ‘‘armor 3
2378	2378	piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 4
2379	2379	‘‘armor-piercing incendiary tracer (API–T)’’, except to an 5
2380	2380	entity performing demilitarization services for the Depart-6
2381	2381	ment of Defense under a contract that requires the entity 7
2382	2382	to demonstrate to the satisfaction of the Department of 8
2383	2383	Defense that armor piercing projectiles are either: (1) ren-9
2384	2384	dered incapable of reuse by the demilitarization process; 10
2385	2385	or (2) used to manufacture ammunition pursuant to a con-11
2386	2386	tract with the Department of Defense or the manufacture 12
2387	2387	of ammunition for export pursuant to a License for Per-13
2388	2388	manent Export of Unclassified Military Articles issued by 14
2389	2389	the Department of State. 15
2390	2390	S
2391	2391	EC. 8063. Notwithstanding any other provision of 16
2392	2392	law, the Chief of the National Guard Bureau, or their des-17
2393	2393	ignee, may waive payment of all or part of the consider-18
2394	2394	ation that otherwise would be required under section 2667 19
2395	2395	of title 10, United States Code, in the case of a lease of 20
2396	2396	personal property for a period not in excess of 1 year to 21
2397	2397	any organization specified in section 508(d) of title 32, 22
2398	2398	United States Code, or any other youth, social, or fra-23
2399	2399	ternal nonprofit organization as may be approved by the 24 92
2400	2400	•S 2587 RS
2401	2401	Chief of the National Guard Bureau, or their designee, 1
2402	2402	on a case-by-case basis. 2
2403	2403	(INCLUDING TRANSFER OF FUNDS) 3
2404	2404	S
2405	2405	EC. 8064. Of the amounts appropriated in this Act 4
2406	2406	under the heading ‘‘Operation and Maintenance, Army’’, 5
2407	2407	$175,943,968 shall remain available until expended: Pro-6
2408	2408	vided, That, notwithstanding any other provision of law, 7
2409	2409	the Secretary of Defense is authorized to transfer such 8
2410	2410	funds to other activities of the Federal Government: Pro-9
2411	2411	vided further, That the Secretary of Defense is authorized 10
2412	2412	to enter into and carry out contracts for the acquisition 11
2413	2413	of real property, construction, personal services, and oper-12
2414	2414	ations related to projects carrying out the purposes of this 13
2415	2415	section: Provided further, That contracts entered into 14
2416	2416	under the authority of this section may provide for such 15
2417	2417	indemnification as the Secretary determines to be nec-16
2418	2418	essary: Provided further, That projects authorized by this 17
2419	2419	section shall comply with applicable Federal, State, and 18
2420	2420	local law to the maximum extent consistent with the na-19
2421	2421	tional security, as determined by the Secretary of Defense. 20
2422	2422	S
2423	2423	EC. 8065. (a) None of the funds appropriated in this 21
2424	2424	or any other Act may be used to take any action to mod-22
2425	2425	ify— 23
2426	2426	(1) the appropriations account structure for the 24
2427	2427	National Intelligence Program budget, including 25 93
2428	2428	•S 2587 RS
2429	2429	through the creation of a new appropriation or new 1
2430	2430	appropriation account; 2
2431	2431	(2) how the National Intelligence Program 3
2432	2432	budget request is presented in the unclassified P–1, 4
2433	2433	R–1, and O–1 documents supporting the Depart-5
2434	2434	ment of Defense budget request; 6
2435	2435	(3) the process by which the National Intel-7
2436	2436	ligence Program appropriations are apportioned to 8
2437	2437	the executing agencies; or 9
2438	2438	(4) the process by which the National Intel-10
2439	2439	ligence Program appropriations are allotted, obli-11
2440	2440	gated and disbursed. 12
2441	2441	(b) Nothing in subsection (a) shall be construed to 13
2442	2442	prohibit the merger of programs or changes to the Na-14
2443	2443	tional Intelligence Program budget at or below the Ex-15
2444	2444	penditure Center level, provided such change is otherwise 16
2445	2445	in accordance with paragraphs (1)–(3) of subsection (a). 17
2446	2446	(c) The Director of National Intelligence and the Sec-18
2447	2447	retary of Defense may jointly, only for the purposes of 19
2448	2448	achieving auditable financial statements and improving 20
2449	2449	fiscal reporting, study and develop detailed proposals for 21
2450	2450	alternative financial management processes. Such study 22
2451	2451	shall include a comprehensive counterintelligence risk as-23
2452	2452	sessment to ensure that none of the alternative processes 24
2453	2453	will adversely affect counterintelligence. 25 94
2454	2454	•S 2587 RS
2455	2455	(d) Upon development of the detailed proposals de-1
2456	2456	fined under subsection (c), the Director of National Intel-2
2457	2457	ligence and the Secretary of Defense shall— 3
2458	2458	(1) provide the proposed alternatives to all af-4
2459	2459	fected agencies; 5
2460	2460	(2) receive certification from all affected agen-6
2461	2461	cies attesting that the proposed alternatives will help 7
2462	2462	achieve auditability, improve fiscal reporting, and 8
2463	2463	will not adversely affect counterintelligence; and 9
2464	2464	(3) not later than 30 days after receiving all 10
2465	2465	necessary certifications under paragraph (2), present 11
2466	2466	the proposed alternatives and certifications to the 12
2467	2467	congressional defense and intelligence committees. 13
2468	2468	(INCLUDING TRANSFER OF FUNDS) 14
2469	2469	S
2470	2470	EC. 8066. In addition to amounts made available 15
2471	2471	elsewhere in this Act, $400,000,000 is hereby appro-16
2472	2472	priated to the Department of Defense and made available 17
2473	2473	for transfer to operation and maintenance accounts, pro-18
2474	2474	curement accounts, and research, development, test and 19
2475	2475	evaluation accounts only for those efforts by the Com-20
2476	2476	mander, United States Africa Command or Commander, 21
2477	2477	United States Southern Command to expand cooperation, 22
2478	2478	share operational information, advance interoperability, or 23
2479	2479	improve the capabilities of our allies and partners in their 24
2480	2480	areas of operation: Provided, That none of the funds pro-25 95
2481	2481	•S 2587 RS
2482	2482	vided under this section may be obligated or expended 1
2483	2483	until 30 days after the Secretary of Defense provides to 2
2484	2484	the congressional defense committees an execution plan: 3
2485	2485	Provided further, That not less than 15 days prior to any 4
2486	2486	transfer of funds, the Secretary of Defense shall notify 5
2487	2487	the congressional defense committees of the details of any 6
2488	2488	such transfer: Provided further, That upon transfer, the 7
2489	2489	funds shall be merged with and available for the same pur-8
2490	2490	poses, and for the same time period, as the appropriation 9
2491	2491	to which transferred: Provided further, That the transfer 10
2492	2492	authority provided under this section is in addition to any 11
2493	2493	other transfer authority provided elsewhere in this Act. 12
2494	2494	(INCLUDING TRANSFER OF FUNDS) 13
2495	2495	S
2496	2496	EC. 8067. During the current fiscal year, not to ex-14
2497	2497	ceed $11,000,000 from each of the appropriations made 15
2498	2498	in title II of this Act for ‘‘Operation and Maintenance, 16
2499	2499	Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-17
2500	2500	ation and Maintenance, Air Force’’ may be transferred by 18
2501	2501	the military department concerned to its central fund es-19
2502	2502	tablished for Fisher Houses and Suites pursuant to sec-20
2503	2503	tion 2493(d) of title 10, United States Code. 21
2504	2504	(INCLUDING TRANSFER OF FUNDS) 22
2505	2505	S
2506	2506	EC. 8068. Of the amounts appropriated for ‘‘Oper-23
2507	2507	ation and Maintenance, Navy’’, up to $1,000,000 shall be 24
2508	2508	available for transfer to the John C. Stennis Center for 25 96
2509	2509	•S 2587 RS
2510	2510	Public Service Development Trust Fund established under 1
2511	2511	section 116 of the John C. Stennis Center for Public Serv-2
2512	2512	ice Training and Development Act (2 U.S.C. 1105). 3
2513	2513	S
2514	2514	EC. 8069. None of the funds available to the De-4
2515	2515	partment of Defense may be obligated to modify command 5
2516	2516	and control relationships to give Fleet Forces Command 6
2517	2517	operational and administrative control of United States 7
2518	2518	Navy forces assigned to the Pacific fleet: Provided, That 8
2519	2519	the command and control relationships which existed on 9
2520	2520	October 1, 2004, shall remain in force until a written 10
2521	2521	modification has been proposed to the Committees on Ap-11
2522	2522	propriations of the House of Representatives and the Sen-12
2523	2523	ate: Provided further, That the proposed modification may 13
2524	2524	be implemented 30 days after the notification unless an 14
2525	2525	objection is received from either the House or Senate Ap-15
2526	2526	propriations Committees: Provided further, That any pro-16
2527	2527	posed modification shall not preclude the ability of the 17
2528	2528	commander of United States Indo-Pacific Command to 18
2529	2529	meet operational requirements. 19
2530	2530	S
2531	2531	EC. 8070. Any notice that is required to be sub-20
2532	2532	mitted to the Committees on Appropriations of the House 21
2533	2533	of Representatives and the Senate under section 3601 of 22
2534	2534	title 10, United States Code, as added by section 804(a) 23
2535	2535	of the James M. Inhofe National Defense Authorization 24
2536	2536	Act for Fiscal Year 2023 shall be submitted pursuant to 25 97
2537	2537	•S 2587 RS
2538	2538	that requirement concurrently to the Subcommittees on 1
2539	2539	Defense of the Committees on Appropriations of the 2
2540	2540	House of Representatives and the Senate. 3
2541	2541	(INCLUDING TRANSFER OF FUNDS) 4
2542	2542	S
2543	2543	EC. 8071. Of the amounts appropriated in this Act 5
2544	2544	under the headings ‘‘Procurement, Defense-Wide’’ and 6
2545	2545	‘‘Research, Development, Test and Evaluation, Defense- 7
2546	2546	Wide’’, $500,000,000 shall be for the Israeli Cooperative 8
2547	2547	Programs: Provided, That of this amount, $80,000,000 9
2548	2548	shall be for the Secretary of Defense to provide to the Gov-10
2549	2549	ernment of Israel for the procurement of the Iron Dome 11
2550	2550	defense system to counter short-range rocket threats, sub-12
2551	2551	ject to the U.S.-Israel Iron Dome Procurement Agree-13
2552	2552	ment, as amended; $127,000,000 shall be for the Short 14
2553	2553	Range Ballistic Missile Defense (SRBMD) program, in-15
2554	2554	cluding cruise missile defense research and development 16
2555	2555	under the SRBMD program; $40,000,000 shall be for co- 17
2556	2556	production activities of SRBMD systems in the United 18
2557	2557	States and in Israel to meet Israel’s defense requirements 19
2558	2558	consistent with each nation’s laws, regulations, and proce-20
2559	2559	dures, subject to the U.S.-Israeli co-production agreement 21
2560	2560	for SRBMD, as amended; $80,000,000 shall be for an 22
2561	2561	upper-tier component to the Israeli Missile Defense Archi-23
2562	2562	tecture, of which $80,000,000 shall be for co-production 24
2563	2563	activities of Arrow 3 Upper Tier systems in the United 25 98
2564	2564	•S 2587 RS
2565	2565	States and in Israel to meet Israel’s defense requirements 1
2566	2566	consistent with each nation’s laws, regulations, and proce-2
2567	2567	dures, subject to the U.S.-Israeli co-production agreement 3
2568	2568	for Arrow 3 Upper Tier, as amended; and $173,000,000 4
2569	2569	shall be for the Arrow System Improvement Program in-5
2570	2570	cluding development of a long range, ground and airborne, 6
2571	2571	detection suite: Provided further, That the transfer author-7
2572	2572	ity provided under this section is in addition to any other 8
2573	2573	transfer authority contained in this Act. 9
2574	2574	S
2575	2575	EC. 8072. Of the amounts appropriated in this Act 10
2576	2576	under the heading ‘‘Shipbuilding and Conversion, Navy’’, 11
2577	2577	$1,390,093,000 shall be available until September 30, 12
2578	2578	2024, to fund prior year shipbuilding cost increases for 13
2579	2579	the following programs: 14
2580	2580	(1) Under the heading ‘‘Shipbuilding and Con-15
2581	2581	version, Navy’’, 2013/2024: Carrier Replacement 16
2582	2582	Program, $624,600,000; 17
2583	2583	(2) Under the heading ‘‘Shipbuilding and Con-18
2584	2584	version, Navy’’, 2015/2024: Virginia Class Sub-19
2585	2585	marine Program, $43,419,000; 20
2586	2586	(3) Under the heading ‘‘Shipbuilding and Con-21
2587	2587	version, Navy’’, 2016/2024: Virginia Class Sub-22
2588	2588	marine Program, $100,115,000; 23 99
2589	2589	•S 2587 RS
2590	2590	(4) Under the heading ‘‘Shipbuilding and Con-1
2591	2591	version, Navy’’, 2016/2024: DDG 51 Program, 2
2592	2592	$104,090,000; 3
2593	2593	(5) Under the heading ‘‘Shipbuilding and Con-4
2594	2594	version, Navy’’, 2017/2024: Virginia Class Sub-5
2595	2595	marine Program, $24,646,000; 6
2596	2596	(6) Under the heading ‘‘Shipbuilding and Con-7
2597	2597	version, Navy’’, 2017/2024: DDG 51 Program, 8
2598	2598	$121,827,000; 9
2599	2599	(7) Under the heading ‘‘Shipbuilding and Con-10
2600	2600	version, Navy’’, 2017/2024: LPD 17 Amphibious 11
2601	2601	Transport Dock Program, $16,520,000; 12
2602	2602	(8) Under the heading ‘‘Shipbuilding and Con-13
2603	2603	version, Navy’’, 2018/2024: Ship to Shore Connector 14
2604	2604	Program, $43,600,000; 15
2605	2605	(9) Under the heading ‘‘Shipbuilding and Con-16
2606	2606	version, Navy’’, 2019/2024: Littoral Combat Ship 17
2607	2607	Program, $23,000,000; 18
2608	2608	(10) Under the heading ‘‘Shipbuilding and Con-19
2609	2609	version, Navy’’, 2019/2024: T–AO Fleet Oiler Pro-20
2610	2610	gram, $27,060,000; 21
2611	2611	(11) Under the heading ‘‘Shipbuilding and Con-22
2612	2612	version, Navy’’, 2020/2024: CVN Refueling Over-23
2613	2613	hauls, $42,422,000; 24 100
2614	2614	•S 2587 RS
2615	2615	(12) Under the heading ‘‘Shipbuilding and Con-1
2616	2616	version, Navy’’, 2020/2024: T–AO Fleet Oiler Pro-2
2617	2617	gram, $93,250,000; 3
2618	2618	(13) Under the heading ‘‘Shipbuilding and Con-4
2619	2619	version, Navy’’, 2020/2024: Towing, Salvage, and 5
2620	2620	Rescue Ship Program, $1,150,000; 6
2621	2621	(14) Under the heading ‘‘Shipbuilding and Con-7
2622	2622	version, Navy’’, 2021/2024: DDG 51 Program, 8
2623	2623	$100,000,000; 9
2624	2624	(15) Under the heading ‘‘Shipbuilding and Con-10
2625	2625	version, Navy’’, 2021/2024: Towing, Salvage, and 11
2626	2626	Rescue Ship Program, $21,809,000; and 12
2627	2627	(16) Under the heading ‘‘Shipbuilding and Con-13
2628	2628	version, Navy’’, 2022/2024: T–AO Fleet Oiler Pro-14
2629	2629	gram, $2,585,000. 15
2630	2630	S
2631	2631	EC. 8073. Funds appropriated by this Act, or made 16
2632	2632	available by the transfer of funds in this Act, for intel-17
2633	2633	ligence activities are deemed to be specifically authorized 18
2634	2634	by the Congress for purposes of section 504 of the Na-19
2635	2635	tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 20
2636	2636	year 2024 until the enactment of the Intelligence Author-21
2637	2637	ization Act for Fiscal Year 2024. 22
2638	2638	S
2639	2639	EC. 8074. None of the funds provided in this Act 23
2640	2640	shall be available for obligation or expenditure through a 24
2641	2641	reprogramming of funds that creates or initiates a new 25 101
2642	2642	•S 2587 RS
2643	2643	program, project, or activity unless such program, project, 1
2644	2644	or activity must be undertaken immediately in the interest 2
2645	2645	of national security and only after written prior notifica-3
2646	2646	tion to the congressional defense committees. 4
2647	2647	S
2648	2648	EC. 8075. None of the funds in this Act may be 5
2649	2649	used for research, development, test, evaluation, procure-6
2650	2650	ment or deployment of nuclear armed interceptors of a 7
2651	2651	missile defense system. 8
2652	2652	(INCLUDING TRANSFER OF FUNDS) 9
2653	2653	S
2654	2654	EC. 8076. The Secretary of Defense may transfer 10
2655	2655	funds from any available Department of the Navy appro-11
2656	2656	priation to any available Navy ship construction appro-12
2657	2657	priation for the purpose of liquidating necessary changes 13
2658	2658	resulting from inflation, market fluctuations, or rate ad-14
2659	2659	justments for any ship construction program appropriated 15
2660	2660	in law: Provided, That the Secretary may transfer not to 16
2661	2661	exceed $20,000,000 under the authority provided by this 17
2662	2662	section: Provided further, That the Secretary may not 18
2663	2663	transfer any funds until 30 days after the proposed trans-19
2664	2664	fer has been reported to the Committees on Appropria-20
2665	2665	tions of the House of Representatives and the Senate, un-21
2666	2666	less a response from the Committees is received sooner: 22
2667	2667	Provided further, That any funds transferred pursuant to 23
2668	2668	this section shall retain the same period of availability as 24
2669	2669	when originally appropriated: Provided further, That the 25 102
2670	2670	•S 2587 RS
2671	2671	transfer authority provided under this section is in addi-1
2672	2672	tion to any other transfer authority contained elsewhere 2
2673	2673	in this Act: Provided further, That the transfer authority 3
2674	2674	provided by this section expires on September 30, 2028. 4
2675	2675	S
2676	2676	EC. 8077. None of the funds appropriated or made 5
2677	2677	available in this Act shall be used to reduce or disestablish 6
2678	2678	the operation of the 53rd Weather Reconnaissance Squad-7
2679	2679	ron of the Air Force Reserve, if such action would reduce 8
2680	2680	the WC–130 Weather Reconnaissance mission below the 9
2681	2681	levels funded in this Act: Provided, That the Air Force 10
2682	2682	shall allow the 53rd Weather Reconnaissance Squadron to 11
2683	2683	perform other missions in support of national defense re-12
2684	2684	quirements during the non-hurricane season. 13
2685	2685	S
2686	2686	EC. 8078. None of the funds provided in this Act 14
2687	2687	shall be available for integration of foreign intelligence in-15
2688	2688	formation unless the information has been lawfully col-16
2689	2689	lected and processed during the conduct of authorized for-17
2690	2690	eign intelligence activities: Provided, That information 18
2691	2691	pertaining to United States persons shall only be handled 19
2692	2692	in accordance with protections provided in the Fourth 20
2693	2693	Amendment of the United States Constitution as imple-21
2694	2694	mented through Executive Order No. 12333. 22
2695	2695	S
2696	2696	EC. 8079. None of the funds appropriated by this 23
2697	2697	Act for programs of the Office of the Director of National 24
2698	2698	Intelligence shall remain available for obligation beyond 25 103
2699	2699	•S 2587 RS
2700	2700	the current fiscal year, except for funds appropriated for 1
2701	2701	research and technology, which shall remain available until 2
2702	2702	September 30, 2025. 3
2703	2703	S
2704	2704	EC. 8080. For purposes of section 1553(b) of title 4
2705	2705	31, United States Code, any subdivision of appropriations 5
2706	2706	made in this Act under the heading ‘‘Shipbuilding and 6
2707	2707	Conversion, Navy’’ shall be considered to be for the same 7
2708	2708	purpose as any subdivision under the heading ‘‘Ship-8
2709	2709	building and Conversion, Navy’’ appropriations in any 9
2710	2710	prior fiscal year, and the 1 percent limitation shall apply 10
2711	2711	to the total amount of the appropriation. 11
2712	2712	S
2713	2713	EC. 8081. (a) Not later than 60 days after the date 12
2714	2714	of enactment of this Act, the Director of National Intel-13
2715	2715	ligence shall submit a report to the congressional intel-14
2716	2716	ligence committees to establish the baseline for application 15
2717	2717	of reprogramming and transfer authorities for fiscal year 16
2718	2718	2024: Provided, That the report shall include— 17
2719	2719	(1) a table for each appropriation with a sepa-18
2720	2720	rate column to display the President’s budget re-19
2721	2721	quest, adjustments made by Congress, adjustments 20
2722	2722	due to enacted rescissions, if appropriate, and the 21
2723	2723	fiscal year enacted level; 22
2724	2724	(2) a delineation in the table for each appro-23
2725	2725	priation by Expenditure Center and project; and 24 104
2726	2726	•S 2587 RS
2727	2727	(3) an identification of items of special congres-1
2728	2728	sional interest. 2
2729	2729	(b) None of the funds provided for the National Intel-3
2730	2730	ligence Program in this Act shall be available for re-4
2731	2731	programming or transfer until the report identified in sub-5
2732	2732	section (a) is submitted to the congressional intelligence 6
2733	2733	committees, unless the Director of National Intelligence 7
2734	2734	certifies in writing to the congressional intelligence com-8
2735	2735	mittees that such reprogramming or transfer is necessary 9
2736	2736	as an emergency requirement. 10
2737	2737	S
2738	2738	EC. 8082. Any transfer of amounts appropriated to 11
2739	2739	the Department of Defense Acquisition Workforce Devel-12
2740	2740	opment Account in or for fiscal year 2024 to a military 13
2741	2741	department or Defense Agency pursuant to section 14
2742	2742	1705(e)(1) of title 10, United States Code, shall be cov-15
2743	2743	ered by and subject to section 8005 of this Act. 16
2744	2744	S
2745	2745	EC. 8083. (a) None of the funds provided for the 17
2746	2746	National Intelligence Program in this or any prior appro-18
2747	2747	priations Act shall be available for obligation or expendi-19
2748	2748	ture through a reprogramming or transfer of funds in ac-20
2749	2749	cordance with section 102A(d) of the National Security 21
2750	2750	Act of 1947 (50 U.S.C. 3024(d)) that— 22
2751	2751	(1) creates a new start effort; 23
2752	2752	(2) terminates a program with appropriated 24
2753	2753	funding of $10,000,000 or more; 25 105
2754	2754	•S 2587 RS
2755	2755	(3) transfers funding into or out of the Na-1
2756	2756	tional Intelligence Program; or 2
2757	2757	(4) transfers funding between appropriations, 3
2758	2758	unless the congressional intelligence committees are 4
2759	2759	notified 30 days in advance of such reprogramming 5
2760	2760	of funds; this notification period may be reduced for 6
2761	2761	urgent national security requirements. 7
2762	2762	(b) None of the funds provided for the National Intel-8
2763	2763	ligence Program in this or any prior appropriations Act 9
2764	2764	shall be available for obligation or expenditure through a 10
2765	2765	reprogramming or transfer of funds in accordance with 11
2766	2766	section 102A(d) of the National Security Act of 1947 (50 12
2767	2767	U.S.C. 3024(d)) that results in a cumulative increase or 13
2768	2768	decrease of the levels specified in the classified annex ac-14
2769	2769	companying the Act unless the congressional intelligence 15
2770	2770	committees are notified 30 days in advance of such re-16
2771	2771	programming of funds; this notification period may be re-17
2772	2772	duced for urgent national security requirements. 18
2773	2773	S
2774	2774	EC. 8084. (a) Any agency receiving funds made 19
2775	2775	available in this Act, shall, subject to subsections (b) and 20
2776	2776	(c), post on the public website of that agency any report 21
2777	2777	required to be submitted by the Congress in this or any 22
2778	2778	other Act, upon the determination by the head of the agen-23
2779	2779	cy that it shall serve the national interest. 24
2780	2780	(b) Subsection (a) shall not apply to a report if— 25 106
2781	2781	•S 2587 RS
2782	2782	(1) the public posting of the report com-1
2783	2783	promises national security; or 2
2784	2784	(2) the report contains proprietary information. 3
2785	2785	(c) The head of the agency posting such report shall 4
2786	2786	do so only after such report has been made available to 5
2787	2787	the requesting Committee or Committees of Congress for 6
2788	2788	no fewer than 45 days. 7
2789	2789	S
2790	2790	EC. 8085. (a) None of the funds appropriated or 8
2791	2791	otherwise made available by this Act may be expended for 9
2792	2792	any Federal contract for an amount in excess of 10
2793	2793	$1,000,000, unless the contractor agrees not to— 11
2794	2794	(1) enter into any agreement with any of its 12
2795	2795	employees or independent contractors that requires, 13
2796	2796	as a condition of employment, that the employee or 14
2797	2797	independent contractor agree to resolve through ar-15
2798	2798	bitration any claim under title VII of the Civil 16
2799	2799	Rights Act of 1964 or any tort related to or arising 17
2800	2800	out of sexual assault or harassment, including as-18
2801	2801	sault and battery, intentional infliction of emotional 19
2802	2802	distress, false imprisonment, or negligent hiring, su-20
2803	2803	pervision, or retention; or 21
2804	2804	(2) take any action to enforce any provision of 22
2805	2805	an existing agreement with an employee or inde-23
2806	2806	pendent contractor that mandates that the employee 24
2807	2807	or independent contractor resolve through arbitra-25 107
2808	2808	•S 2587 RS
2809	2809	tion any claim under title VII of the Civil Rights Act 1
2810	2810	of 1964 or any tort related to or arising out of sex-2
2811	2811	ual assault or harassment, including assault and 3
2812	2812	battery, intentional infliction of emotional distress, 4
2813	2813	false imprisonment, or negligent hiring, supervision, 5
2814	2814	or retention. 6
2815	2815	(b) None of the funds appropriated or otherwise 7
2816	2816	made available by this Act may be expended for any Fed-8
2817	2817	eral contract unless the contractor certifies that it requires 9
2818	2818	each covered subcontractor to agree not to enter into, and 10
2819	2819	not to take any action to enforce any provision of, any 11
2820	2820	agreement as described in paragraphs (1) and (2) of sub-12
2821	2821	section (a), with respect to any employee or independent 13
2822	2822	contractor performing work related to such subcontract. 14
2823	2823	For purposes of this subsection, a ‘‘covered subcon-15
2824	2824	tractor’’ is an entity that has a subcontract in excess of 16
2825	2825	$1,000,000 on a contract subject to subsection (a). 17
2826	2826	(c) The prohibitions in this section do not apply with 18
2827	2827	respect to a contractor’s or subcontractor’s agreements 19
2828	2828	with employees or independent contractors that may not 20
2829	2829	be enforced in a court of the United States. 21
2830	2830	(d) The Secretary of Defense may waive the applica-22
2831	2831	tion of subsection (a) or (b) to a particular contractor or 23
2832	2832	subcontractor for the purposes of a particular contract or 24
2833	2833	subcontract if the Secretary or the Deputy Secretary per-25 108
2834	2834	•S 2587 RS
2835	2835	sonally determines that the waiver is necessary to avoid 1
2836	2836	harm to national security interests of the United States, 2
2837	2837	and that the term of the contract or subcontract is not 3
2838	2838	longer than necessary to avoid such harm. The determina-4
2839	2839	tion shall set forth with specificity the grounds for the 5
2840	2840	waiver and for the contract or subcontract term selected, 6
2841	2841	and shall state any alternatives considered in lieu of a 7
2842	2842	waiver and the reasons each such alternative would not 8
2843	2843	avoid harm to national security interests of the United 9
2844	2844	States. The Secretary of Defense shall transmit to Con-10
2845	2845	gress, and simultaneously make public, any determination 11
2846	2846	under this subsection not less than 15 business days be-12
2847	2847	fore the contract or subcontract addressed in the deter-13
2848	2848	mination may be awarded. 14
2849	2849	(INCLUDING TRANSFER OF FUNDS) 15
2850	2850	S
2851	2851	EC. 8086. From within the funds appropriated for 16
2852	2852	operation and maintenance for the Defense Health Pro-17
2853	2853	gram in this Act, up to $172,000,000, shall be available 18
2854	2854	for transfer to the Joint Department of Defense-Depart-19
2855	2855	ment of Veterans Affairs Medical Facility Demonstration 20
2856	2856	Fund in accordance with the provisions of section 1704 21
2857	2857	of the National Defense Authorization Act for Fiscal Year 22
2858	2858	2010, Public Law 111–84: Provided, That for purposes 23
2859	2859	of section 1704(b), the facility operations funded are oper-24
2860	2860	ations of the integrated Captain James A. Lovell Federal 25 109
2861	2861	•S 2587 RS
2862	2862	Health Care Center, consisting of the North Chicago Vet-1
2863	2863	erans Affairs Medical Center, the Navy Ambulatory Care 2
2864	2864	Center, and supporting facilities designated as a combined 3
2865	2865	Federal medical facility as described by section 706 of 4
2866	2866	Public Law 110–417: Provided further, That additional 5
2867	2867	funds may be transferred from funds appropriated for op-6
2868	2868	eration and maintenance for the Defense Health Program 7
2869	2869	to the Joint Department of Defense-Department of Vet-8
2870	2870	erans Affairs Medical Facility Demonstration Fund upon 9
2871	2871	written notification by the Secretary of Defense to the 10
2872	2872	Committees on Appropriations of the House of Represent-11
2873	2873	atives and the Senate. 12
2874	2874	S
2875	2875	EC. 8087. None of the funds appropriated or other-13
2876	2876	wise made available by this Act may be used by the De-14
2877	2877	partment of Defense or a component thereof in contraven-15
2878	2878	tion of the provisions of section 130h of title 10, United 16
2879	2879	States Code. 17
2880	2880	S
2881	2881	EC. 8088. Notwithstanding price or other limita-18
2882	2882	tions applicable to the purchase of passenger carrying ve-19
2883	2883	hicles, appropriations available to the Department of De-20
2884	2884	fense may be used for the purchase of: (1) heavy and light 21
2885	2885	armored vehicles for the physical security of personnel or 22
2886	2886	for force protection purposes up to a limit of $450,000 23
2887	2887	per vehicle; and (2) passenger motor vehicles up to a limit 24
2888	2888	of $75,000 per vehicle for use by military and civilian em-25 110
2889	2889	•S 2587 RS
2890	2890	ployees of the Department of Defense in the United States 1
2891	2891	Central Command area of responsibility. 2
2892	2892	(INCLUDING TRANSFER OF FUNDS) 3
2893	2893	S
2894	2894	EC. 8089. Upon a determination by the Director of 4
2895	2895	National Intelligence that such action is necessary and in 5
2896	2896	the national interest, the Director may, with the approval 6
2897	2897	of the Director of the Office of Management and Budget, 7
2898	2898	transfer not to exceed $1,500,000,000 of the funds made 8
2899	2899	available in this Act for the National Intelligence Pro-9
2900	2900	gram: Provided, That such authority to transfer may not 10
2901	2901	be used unless for higher priority items, based on unfore-11
2902	2902	seen intelligence requirements, than those for which origi-12
2903	2903	nally appropriated and in no case where the item for which 13
2904	2904	funds are requested has been denied by the Congress: Pro-14
2905	2905	vided further, That a request for multiple reprogrammings 15
2906	2906	of funds using authority provided in this section shall be 16
2907	2907	made prior to June 30, 2024. 17
2908	2908	S
2909	2909	EC. 8090. Of the amounts appropriated in this Act 18
2910	2910	for ‘‘Shipbuilding and Conversion, Navy’’, $142,008,000, 19
2911	2911	to remain available for obligation until September 30, 20
2912	2912	2028, may be used for the purchase of two used sealift 21
2913	2913	vessels for the National Defense Reserve Fleet, established 22
2914	2914	under section 11 of the Merchant Ship Sales Act of 1946 23
2915	2915	(46 U.S.C. 57100): Provided, That such amounts are 24
2916	2916	available for reimbursements to the Ready Reserve Force, 25 111
2917	2917	•S 2587 RS
2918	2918	Maritime Administration account of the United States De-1
2919	2919	partment of Transportation for programs, projects, activi-2
2920	2920	ties, and expenses related to the National Defense Reserve 3
2921	2921	Fleet: Provided further, That notwithstanding section 4
2922	2922	2218 of title 10, United States Code, none of these funds 5
2923	2923	shall be transferred to the National Defense Sealift Fund 6
2924	2924	for execution. 7
2925	2925	S
2926	2926	EC. 8091. The Secretary of Defense shall post grant 8
2927	2927	awards on a public website in a searchable format. 9
2928	2928	S
2929	2929	EC. 8092. None of the funds made available by this 10
2930	2930	Act may be used by the National Security Agency to— 11
2931	2931	(1) conduct an acquisition pursuant to section 12
2932	2932	702 of the Foreign Intelligence Surveillance Act of 13
2933	2933	1978 for the purpose of targeting a United States 14
2934	2934	person; or 15
2935	2935	(2) acquire, monitor, or store the contents (as 16
2936	2936	such term is defined in section 2510(8) of title 18, 17
2937	2937	United States Code) of any electronic communica-18
2938	2938	tion of a United States person from a provider of 19
2939	2939	electronic communication services to the public pur-20
2940	2940	suant to section 501 of the Foreign Intelligence Sur-21
2941	2941	veillance Act of 1978. 22
2942	2942	S
2943	2943	EC. 8093. None of the funds made available in this 23
2944	2944	or any other Act may be used to pay the salary of any 24
2945	2945	officer or employee of any agency funded by this Act who 25 112
2946	2946	•S 2587 RS
2947	2947	approves or implements the transfer of administrative re-1
2948	2948	sponsibilities or budgetary resources of any program, 2
2949	2949	project, or activity financed by this Act to the jurisdiction 3
2950	2950	of another Federal agency not financed by this Act with-4
2951	2951	out the express authorization of Congress: Provided, That 5
2952	2952	this limitation shall not apply to transfers of funds ex-6
2953	2953	pressly provided for in Department of Defense Appropria-7
2954	2954	tions Acts, or provisions of Acts providing supplemental 8
2955	2955	appropriations for the Department of Defense. 9
2956	2956	S
2957	2957	EC. 8094. Of the amounts appropriated in this Act 10
2958	2958	for ‘‘Operation and Maintenance, Navy’’, $667,508,000 to 11
2959	2959	remain available until expended, may be used for any pur-12
2960	2960	poses related to the National Defense Reserve Fleet estab-13
2961	2961	lished under section 11 of the Merchant Ship Sales Act 14
2962	2962	of 1946 (46 U.S.C. 57100): Provided, That such amounts 15
2963	2963	are available for reimbursements to the Ready Reserve 16
2964	2964	Force, Maritime Administration account of the United 17
2965	2965	States Department of Transportation for programs, 18
2966	2966	projects, activities, and expenses related to the National 19
2967	2967	Defense Reserve Fleet. 20
2968	2968	S
2969	2969	EC. 8095. (a) None of the funds provided in this 21
2970	2970	Act for the TAO Fleet Oiler program shall be used to 22
2971	2971	award a new contract that provides for the acquisition of 23
2972	2972	the following components unless those components are 24
2973	2973	manufactured in the United States: Auxiliary equipment 25 113
2974	2974	•S 2587 RS
2975	2975	(including pumps) for shipboard services; propulsion 1
2976	2976	equipment (including engines, reduction gears, and propel-2
2977	2977	lers); shipboard cranes; spreaders for shipboard cranes; 3
2978	2978	and anchor chains, specifically for the seventh and subse-4
2979	2979	quent ships of the fleet. 5
2980	2980	(b) None of the funds provided in this Act for the 6
2981	2981	FFG(X) Frigate program shall be used to award a new 7
2982	2982	contract that provides for the acquisition of the following 8
2983	2983	components unless those components are manufactured in 9
2984	2984	the United States: Air circuit breakers; gyrocompasses; 10
2985	2985	electronic navigation chart systems; steering controls; 11
2986	2986	pumps; propulsion and machinery control systems; totally 12
2987	2987	enclosed lifeboats; auxiliary equipment pumps; shipboard 13
2988	2988	cranes; auxiliary chill water systems; and propulsion pro-14
2989	2989	pellers: Provided, That the Secretary of the Navy shall in-15
2990	2990	corporate United States manufactured propulsion engines 16
2991	2991	and propulsion reduction gears into the FFG(X) Frigate 17
2992	2992	program beginning not later than with the eleventh ship 18
2993	2993	of the program. 19
2994	2994	S
2995	2995	EC. 8096. None of the funds provided in this Act 20
2996	2996	for requirements development, performance specification 21
2997	2997	development, concept design and development, ship con-22
2998	2998	figuration development, systems engineering, naval archi-23
2999	2999	tecture, marine engineering, operations research analysis, 24
3000	3000	industry studies, preliminary design, development of the 25 114
3001	3001	•S 2587 RS
3002	3002	Detailed Design and Construction Request for Proposals 1
3003	3003	solicitation package, or related activities for the T– 2
3004	3004	ARC(X) Cable Laying and Repair Ship or the T– 3
3005	3005	AGOS(X) Oceanographic Surveillance Ship may be used 4
3006	3006	to award a new contract for such activities unless these 5
3007	3007	contracts include specifications that all auxiliary equip-6
3008	3008	ment, including pumps and propulsion shafts, are manu-7
3009	3009	factured in the United States. 8
3010	3010	S
3011	3011	EC. 8097. No amounts credited or otherwise made 9
3012	3012	available in this or any other Act to the Department of 10
3013	3013	Defense Acquisition Workforce Development Account may 11
3014	3014	be transferred to: 12
3015	3015	(1) the Rapid Prototyping Fund established 13
3016	3016	under section 804(d) of the National Defense Au-14
3017	3017	thorization Act for Fiscal Year 2016 (10 U.S.C. 15
3018	3018	2302 note); or 16
3019	3019	(2) credited to a military-department specific 17
3020	3020	fund established under section 804(d)(2) of the Na-18
3021	3021	tional Defense Authorization Act for Fiscal Year 19
3022	3022	2016 (as amended by section 897 of the National 20
3023	3023	Defense Authorization Act for Fiscal Year 2017). 21
3024	3024	S
3025	3025	EC. 8098. None of the funds made available by this 22
3026	3026	Act may be used for Government Travel Charge Card ex-23
3027	3027	penses by military or civilian personnel of the Department 24
3028	3028	of Defense for gaming, or for entertainment that includes 25 115
3029	3029	•S 2587 RS
3030	3030	topless or nude entertainers or participants, as prohibited 1
3031	3031	by Department of Defense FMR, Volume 9, Chapter 3 2
3032	3032	and Department of Defense Instruction 1015.10 (enclo-3
3033	3033	sure 3, 14a and 14b). 4
3034	3034	S
3035	3035	EC. 8099. (a) None of the funds made available in 5
3036	3036	this Act may be used to maintain or establish a computer 6
3037	3037	network unless such network is designed to block access 7
3038	3038	to pornography websites. 8
3039	3039	(b) Nothing in subsection (a) shall limit the use of 9
3040	3040	funds necessary for any Federal, State, tribal, or local law 10
3041	3041	enforcement agency or any other entity carrying out crimi-11
3042	3042	nal investigations, prosecution, or adjudication activities, 12
3043	3043	or for any activity necessary for the national defense, in-13
3044	3044	cluding intelligence activities. 14
3045	3045	S
3046	3046	EC. 8100. None of the funds provided for, or other-15
3047	3047	wise made available, in this or any other Act, may be obli-16
3048	3048	gated or expended by the Secretary of Defense to provide 17
3049	3049	motorized vehicles, aviation platforms, munitions other 18
3050	3050	than small arms and munitions appropriate for customary 19
3051	3051	ceremonial honors, operational military units, or oper-20
3052	3052	ational military platforms if the Secretary determines that 21
3053	3053	providing such units, platforms, or equipment would un-22
3054	3054	dermine the readiness of such units, platforms, or equip-23
3055	3055	ment. 24 116
3056	3056	•S 2587 RS
3057	3057	SEC. 8101. (a) None of the funds made available by 1
3058	3058	this or any other Act may be used to enter into a contract, 2
3059	3059	memorandum of understanding, or cooperative agreement 3
3060	3060	with, make a grant to, or provide a loan or loan guarantee 4
3061	3061	to any corporation that has any unpaid Federal tax liabil-5
3062	3062	ity that has been assessed, for which all judicial and ad-6
3063	3063	ministrative remedies have been exhausted or have lapsed, 7
3064	3064	and that is not being paid in a timely manner pursuant 8
3065	3065	to an agreement with the authority responsible for col-9
3066	3066	lecting such tax liability, provided that the applicable Fed-10
3067	3067	eral agency is aware of the unpaid Federal tax liability. 11
3068	3068	(b) Subsection (a) shall not apply if the applicable 12
3069	3069	Federal agency has considered suspension or debarment 13
3070	3070	of the corporation described in such subsection and has 14
3071	3071	made a determination that such suspension or debarment 15
3072	3072	is not necessary to protect the interests of the Federal 16
3073	3073	Government. 17
3074	3074	S
3075	3075	EC. 8102. (a) Amounts appropriated under title IV 18
3076	3076	of this Act, as detailed in budget activity eight of the ta-19
3077	3077	bles of ‘‘Committee Recommended Adjustments’’ in the re-20
3078	3078	port accompanying this Act, may be used for expenses for 21
3079	3079	the agile research, development, test and evaluation, pro-22
3080	3080	curement, production, modification, and operation and 23
3081	3081	maintenance, only for the following Software and Digital 24
3082	3082	Technology Pilot programs— 25 117
3083	3083	•S 2587 RS
3084	3084	(1) Defensive CYBER (PE 0608041A); 1
3085	3085	(2) Risk Management Information (PE 2
3086	3086	0608013N); 3
3087	3087	(3) Maritime Tactical Command and Control 4
3088	3088	(PE 0608231N); 5
3089	3089	(4) Space Command & Control (PE 6
3090	3090	1208248SF); 7
3091	3091	(5) Global Command and Control System (PE 8
3092	3092	0303150K); and 9
3093	3093	(6) Acquisition Visibility (PE 0608648D8Z). 10
3094	3094	(b) None of the funds appropriated by this or prior 11
3095	3095	Department of Defense Appropriations Acts may be obli-12
3096	3096	gated or expended to initiate additional Software and Dig-13
3097	3097	ital Technology Pilot Programs in fiscal year 2024. 14
3098	3098	S
3099	3099	EC. 8103. None of the funds made available in this 15
3100	3100	Act may be used in contravention of the following laws 16
3101	3101	enacted or regulations promulgated to implement the 17
3102	3102	United Nations Convention Against Torture and Other 18
3103	3103	Cruel, Inhuman or Degrading Treatment or Punishment 19
3104	3104	(done at New York on December 10, 1984): 20
3105	3105	(1) Section 2340A of title 18, United States 21
3106	3106	Code. 22
3107	3107	(2) Section 2242 of the Foreign Affairs Reform 23
3108	3108	and Restructuring Act of 1998 (division G of Public 24
3109	3109	Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 25 118
3110	3110	•S 2587 RS
3111	3111	note) and regulations prescribed thereto, including 1
3112	3112	regulations under part 208 of title 8, Code of Fed-2
3113	3113	eral Regulations, and part 95 of title 22, Code of 3
3114	3114	Federal Regulations. 4
3115	3115	(3) Sections 1002 and 1003 of the Department 5
3116	3116	of Defense, Emergency Supplemental Appropriations 6
3117	3117	to Address Hurricanes in the Gulf of Mexico, and 7
3118	3118	Pandemic Influenza Act, 2006 (Public Law 109– 8
3119	3119	148). 9
3120	3120	S
3121	3121	EC. 8104. Of the amounts appropriated in this Act 10
3122	3122	under the heading ‘‘Operation and Maintenance, Defense- 11
3123	3123	Wide’’, for the Defense Security Cooperation Agency, 12
3124	3124	$300,000,000, to remain available until September 30, 13
3125	3125	2025, shall be for the Ukraine Security Assistance Initia-14
3126	3126	tive: Provided, That such funds shall be available to the 15
3127	3127	Secretary of Defense, with the concurrence of the Sec-16
3128	3128	retary of State, to provide assistance, including training; 17
3129	3129	equipment; lethal assistance; logistics support, supplies 18
3130	3130	and services; salaries and stipends; sustainment; and intel-19
3131	3131	ligence support to the military and national security forces 20
3132	3132	of Ukraine, and to other forces or groups recognized by 21
3133	3133	and under the authority of the Government of Ukraine, 22
3134	3134	including governmental entities within Ukraine, engaged 23
3135	3135	in resisting Russian aggression against Ukraine, for re-24
3136	3136	placement of any weapons or articles provided to the Gov-25 119
3137	3137	•S 2587 RS
3138	3138	ernment of Ukraine from the inventory of the United 1
3139	3139	States, and to recover or dispose of equipment procured 2
3140	3140	using funds made available in this section in this or prior 3
3141	3141	Acts: Provided further, That the Secretary of Defense 4
3142	3142	shall, not less than 15 days prior to obligating funds made 5
3143	3143	available in this section, notify the congressional defense 6
3144	3144	committees in writing of the details of any such obligation: 7
3145	3145	Provided further, That the Secretary of Defense shall, not 8
3146	3146	more than 60 days after such notification is made, inform 9
3147	3147	such committees if such funds have not been obligated and 10
3148	3148	the reasons therefor: Provided further, That the Secretary 11
3149	3149	of Defense shall consult with such committees in advance 12
3150	3150	of the provision of support provided to other forces or 13
3151	3151	groups recognized by and under the authority of the Gov-14
3152	3152	ernment of Ukraine: Provided further, That the United 15
3153	3153	States may accept equipment procured using funds made 16
3154	3154	available in this section in this or prior Acts transferred 17
3155	3155	to the security forces of Ukraine and returned by such 18
3156	3156	forces to the United States: Provided further, That equip-19
3157	3157	ment procured using funds made available in this section 20
3158	3158	in this or prior Acts, and not yet transferred to the mili-21
3159	3159	tary or national security forces of Ukraine or to other as-22
3160	3160	sisted entities, or returned by such forces or other assisted 23
3161	3161	entities to the United States, may be treated as stocks 24
3162	3162	of the Department of Defense upon written notification 25 120
3163	3163	•S 2587 RS
3164	3164	to the congressional defense committees: Provided further, 1
3165	3165	That the Secretary of Defense may accept and retain con-2
3166	3166	tributions, including money, personal property, and serv-3
3167	3167	ices, from foreign governments and other entities, to carry 4
3168	3168	out assistance authorized for the Ukraine Security Assist-5
3169	3169	ance Initiative in this section: Provided further, That the 6
3170	3170	Secretary of Defense shall notify the congressional defense 7
3171	3171	committees in writing upon the receipt and upon the obli-8
3172	3172	gation of any contribution, delineating the sources and 9
3173	3173	amounts of the funds received and the specific use of such 10
3174	3174	contributions: Provided further, That contributions of 11
3175	3175	money for the purposes provided herein from any foreign 12
3176	3176	government or other entity may be credited to this ac-13
3177	3177	count, to remain available until September 30, 2025, and 14
3178	3178	used for such purposes: Provided further, That the Sec-15
3179	3179	retary of Defense shall provide quarterly reports to the 16
3180	3180	congressional defense committees on the use and status 17
3181	3181	of funds made available in this section. 18
3182	3182	S
3183	3183	EC. 8105. During the current fiscal year, the De-19
3184	3184	partment of Defense is authorized to incur obligations of 20
3185	3185	not to exceed $350,000,000 for purposes specified in sec-21
3186	3186	tion 2350j(c) of title 10, United States Code, in anticipa-22
3187	3187	tion of receipt of contributions, only from the Government 23
3188	3188	of Kuwait, under that section: Provided, That, such con-24 121
3189	3189	•S 2587 RS
3190	3190	tributions shall, upon receipt, be credited to the appropria-1
3191	3191	tions or fund which incurred such obligations. 2
3192	3192	S
3193	3193	EC. 8106. Of the amounts appropriated in this Act 3
3194	3194	under the heading ‘‘Operation and Maintenance, Defense- 4
3195	3195	Wide’’, for the Defense Security Cooperation Agency, 5
3196	3196	$1,316,031,000, to remain available until September 30, 6
3197	3197	2025, shall be available for International Security Co-7
3198	3198	operation Programs and other programs to provide sup-8
3199	3199	port and assistance to foreign security forces or other 9
3200	3200	groups or individuals to conduct, support or facilitate 10
3201	3201	counterterrorism, crisis response, or building partner ca-11
3202	3202	pacity programs: Provided, That the Secretary of Defense 12
3203	3203	shall, not fewer than 15 days prior to obligating funds 13
3204	3204	made available in this section, notify the congressional de-14
3205	3205	fense committees in writing of the details of any planned 15
3206	3206	obligation: Provided further, That the Secretary of Defense 16
3207	3207	shall provide quarterly reports to the Committees on Ap-17
3208	3208	propriations of the House of Representatives and the Sen-18
3209	3209	ate on the use and status of funds made available in this 19
3210	3210	section. 20
3211	3211	S
3212	3212	EC. 8107. Of the amounts appropriated in this Act 21
3213	3213	under the heading ‘‘Operation and Maintenance, Defense- 22
3214	3214	Wide’’, for the Defense Security Cooperation Agency, 23
3215	3215	$370,000,000, to remain available until September 30, 24
3216	3216	2025, shall be available to reimburse Jordan, Lebanon, 25 122
3217	3217	•S 2587 RS
3218	3218	Egypt, Tunisia, and Oman under section 1226 of the Na-1
3219	3219	tional Defense Authorization Act for Fiscal Year 2016 (22 2
3220	3220	U.S.C. 2151 note), for enhanced border security: Pro-3
3221	3221	vided, That the Secretary of Defense shall, not fewer than 4
3222	3222	15 days prior to obligating funds provided under this sec-5
3223	3223	tion, notify the congressional defense committees in writ-6
3224	3224	ing of the details of any planned obligation and the nature 7
3225	3225	of the expenses incurred: Provided further, That the Sec-8
3226	3226	retary of Defense shall provide quarterly reports to the 9
3227	3227	Committees on Appropriations of the House of Represent-10
3228	3228	atives and the Senate on the use and status of funds made 11
3229	3229	available in this section. 12
3230	3230	S
3231	3231	EC. 8108. None of the funds made available by this 13
3232	3232	Act may be used in contravention of the War Powers Res-14
3233	3233	olution (50 U.S.C. 1541 et seq.). 15
3234	3234	S
3235	3235	EC. 8109. None of the funds made available by this 16
3236	3236	Act for excess defense articles, assistance under section 17
3237	3237	333 of title 10, United States Code, or peacekeeping oper-18
3238	3238	ations for the countries designated annually to be in viola-19
3239	3239	tion of the standards of the Child Soldiers Prevention Act 20
3240	3240	of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 21
3241	3241	be used to support any military training or operation that 22
3242	3242	includes child soldiers, as defined by the Child Soldiers 23
3243	3243	Prevention Act of 2008, unless such assistance is other-24 123
3244	3244	•S 2587 RS
3245	3245	wise permitted under section 404 of the Child Soldiers 1
3246	3246	Prevention Act of 2008. 2
3247	3247	S
3248	3248	EC. 8110. None of the funds made available by this 3
3249	3249	Act may be made available for any member of the Taliban. 4
3250	3250	S
3251	3251	EC. 8111. Notwithstanding any other provision of 5
3252	3252	law, any transfer of funds, appropriated or otherwise made 6
3253	3253	available by this Act, for support to friendly foreign coun-7
3254	3254	tries in connection with the conduct of operations in which 8
3255	3255	the United States is not participating, pursuant to section 9
3256	3256	331(d) of title 10, United States Code, shall be made in 10
3257	3257	accordance with section 8005 of this Act. 11
3258	3258	S
3259	3259	EC. 8112. (a) None of the funds appropriated or 12
3260	3260	otherwise made available by this or any other Act may 13
3261	3261	be used by the Secretary of Defense, or any other official 14
3262	3262	or officer of the Department of Defense, to enter into a 15
3263	3263	contract, memorandum of understanding, or cooperative 16
3264	3264	agreement with, or make a grant to, or provide a loan 17
3265	3265	or loan guarantee to Rosoboronexport or any subsidiary 18
3266	3266	of Rosoboronexport. 19
3267	3267	(b) The Secretary of Defense may waive the limita-20
3268	3268	tion in subsection (a) if the Secretary, in consultation with 21
3269	3269	the Secretary of State and the Director of National Intel-22
3270	3270	ligence, determines that it is in the vital national security 23
3271	3271	interest of the United States to do so, and certifies in writ-24
3272	3272	ing to the congressional defense committees that— 25 124
3273	3273	•S 2587 RS
3274	3274	(1) Rosoboronexport has ceased the transfer of 1
3275	3275	lethal military equipment to, and the maintenance of 2
3276	3276	existing lethal military equipment for, the Govern-3
3277	3277	ment of the Syrian Arab Republic; 4
3278	3278	(2) the armed forces of the Russian Federation 5
3279	3279	have withdrawn from Ukraine; and 6
3280	3280	(3) agents of the Russian Federation have 7
3281	3281	ceased taking active measures to destabilize the con-8
3282	3282	trol of the Government of Ukraine over eastern 9
3283	3283	Ukraine. 10
3284	3284	(c) The Inspector General of the Department of De-11
3285	3285	fense shall conduct a review of any action involving 12
3286	3286	Rosoboronexport with respect to a waiver issued by the 13
3287	3287	Secretary of Defense pursuant to subsection (b), and not 14
3288	3288	later than 90 days after the date on which such a waiver 15
3289	3289	is issued by the Secretary of Defense, the Inspector Gen-16
3290	3290	eral shall submit to the congressional defense committees 17
3291	3291	a report containing the results of the review conducted 18
3292	3292	with respect to such waiver. 19
3293	3293	(INCLUDING TRANSFER OF FUNDS) 20
3294	3294	S
3295	3295	EC. 8113. In addition to amounts appropriated in 21
3296	3296	title II or otherwise made available elsewhere in this Act, 22
3297	3297	$3,300,000,000 is hereby appropriated to the Department 23
3298	3298	of Defense and made available for transfer to the oper-24
3299	3299	ation and maintenance accounts of the Army, Navy, Ma-25 125
3300	3300	•S 2587 RS
3301	3301	rine Corps, Air Force, and Space Force (including Na-1
3302	3302	tional Guard and Reserve) for purposes of improving mili-2
3303	3303	tary readiness: Provided, That the transfer authority pro-3
3304	3304	vided under this section is in addition to any other trans-4
3305	3305	fer authority provided elsewhere in this Act: Provided fur-5
3306	3306	ther, That none of the funds provided under this section 6
3307	3307	may be obligated or expended until 30 days after the Sec-7
3308	3308	retary of Defense provides the Committees on Appropria-8
3309	3309	tions of the House of Representatives and the Senate a 9
3310	3310	detailed execution plan for such funds: Provided further, 10
3311	3311	That of the amounts made available under this section, 11
3312	3312	$1,900,000,000 is designated by the Congress as being for 12
3313	3313	an emergency requirement pursuant to section 13
3314	3314	251(b)(2)(A)(i) of the Balanced Budget and Emergency 14
3315	3315	Deficit Control Act of 1985. 15
3316	3316	S
3317	3317	EC. 8114. Equipment procured using funds provided 16
3318	3318	in prior Acts under the heading ‘‘Counterterrorism Part-17
3319	3319	nerships Fund’’ for the program authorized by section 18
3320	3320	1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 19
3321	3321	National Defense Authorization Act for Fiscal Year 2015 20
3322	3322	(Public Law 113–291), or under the heading ‘‘Iraq Train 21
3323	3323	and Equip Fund’’ for the program authorized by section 22
3324	3324	1236 of such Act, and not yet transferred to authorized 23
3325	3325	recipients may be transferred to foreign security forces, 24
3326	3326	irregular forces, groups, or individuals, authorized to re-25 126
3327	3327	•S 2587 RS
3328	3328	ceive assistance using amounts provided under the heading 1
3329	3329	‘‘Counter-ISIS Train and Equip Fund’’ in this Act: Pro-2
3330	3330	vided, That such equipment may be transferred 15 days 3
3331	3331	following written notification to the congressional defense 4
3332	3332	committees. 5
3333	3333	S
3334	3334	EC. 8115. Of the amounts appropriated in this Act 6
3335	3335	under the heading ‘‘Operation and Maintenance, Defense- 7
3336	3336	Wide’’, for the Defense Security Cooperation Agency, 8
3337	3337	$5,000,000, to remain available until September 30, 2025, 9
3338	3338	shall be for payments to reimburse key cooperating na-10
3339	3339	tions for logistical, military, and other support, including 11
3340	3340	access, provided to United States military and stability op-12
3341	3341	erations to counter the Islamic State of Iraq and Syria: 13
3342	3342	Provided, That such reimbursement payments may be 14
3343	3343	made in such amounts as the Secretary of Defense, with 15
3344	3344	the concurrence of the Secretary of State, and in consulta-16
3345	3345	tion with the Director of the Office of Management and 17
3346	3346	Budget, may determine, based on documentation deter-18
3347	3347	mined by the Secretary of Defense to adequately account 19
3348	3348	for the support provided, and such determination is final 20
3349	3349	and conclusive upon the accounting officers of the United 21
3350	3350	States, and 15 days following written notification to the 22
3351	3351	appropriate congressional committees: Provided further, 23
3352	3352	That these funds may be used for the purpose of providing 24
3353	3353	specialized training and procuring supplies and specialized 25 127
3354	3354	•S 2587 RS
3355	3355	equipment and providing such supplies and loaning such 1
3356	3356	equipment on a non-reimbursable basis to coalition forces 2
3357	3357	supporting United States military and stability operations 3
3358	3358	to counter the Islamic State of Iraq and Syria, and 15 4
3359	3359	days following written notification to the appropriate con-5
3360	3360	gressional committees: Provided further, That the Sec-6
3361	3361	retary of Defense shall provide quarterly reports to the 7
3362	3362	Committees on Appropriations of the House of Represent-8
3363	3363	atives and the Senate on the use and status of funds made 9
3364	3364	available in this section. 10
3365	3365	S
3366	3366	EC. 8116. (a) Within 45 days of enactment of this 11
3367	3367	Act, the Secretary of Defense shall allocate amounts made 12
3368	3368	available from the Creating Helpful Incentives to Produce 13
3369	3369	Semiconductors (CHIPS) for America Defense Fund for 14
3370	3370	fiscal year 2024 pursuant to the transfer authority in sec-15
3371	3371	tion 102(b)(1) of the CHIPS Act of 2022 (division A of 16
3372	3372	Public Law 117–167), to the account specified, in the 17
3373	3373	amounts specified, and for the projects and activities spec-18
3374	3374	ified, in the table titled ‘‘Department of Defense Alloca-19
3375	3375	tion of Funds: CHIPS and Science Act Fiscal Year 2024’’ 20
3376	3376	in the report accompanying this Act. 21
3377	3377	(b) Neither the President nor his designee may allo-22
3378	3378	cate any amounts that are made available for any fiscal 23
3379	3379	year under section 102(b)(2) of the CHIPS Act of 2022 24
3380	3380	if there is in effect an Act making or continuing appro-25 128
3381	3381	•S 2587 RS
3382	3382	priations for part of a fiscal year for the Department of 1
3383	3383	Defense: Provided, That in any fiscal year, the matter pre-2
3384	3384	ceding this proviso shall not apply to the allocation, appor-3
3385	3385	tionment, or allotment of amounts for continuing adminis-4
3386	3386	tration of programs allocated using funds transferred from 5
3387	3387	the CHIPS for America Defense Fund, which may be allo-6
3388	3388	cated pursuant to the transfer authority in section 7
3389	3389	102(b)(1) of the CHIPS Act of 2022 only in amounts that 8
3390	3390	are no more than the allocation for such purposes in sub-9
3391	3391	section (a) of this section. 10
3392	3392	(c) The Secretary of Defense may reallocate funds 11
3393	3393	allocated by subsection (a) of this section, subject to the 12
3394	3394	terms and conditions contained in the provisos in section 13
3395	3395	8005 of this Act: Provided, That amounts may be reallo-14
3396	3396	cated pursuant to this subsection only for those require-15
3397	3397	ments necessary to carry out section 9903(b) of the Wil-16
3398	3398	liam M. (Mac) Thornberry National Defense Authoriza-17
3399	3399	tion Act for Fiscal Year 2021 (Public Law 116–283). 18
3400	3400	(d) Concurrent with the annual budget submission of 19
3401	3401	the President for fiscal year 2025, the Secretary of De-20
3402	3402	fense shall submit to the Committees on Appropriations 21
3403	3403	of the House of Representatives and the Senate proposed 22
3404	3404	allocations by account and by program, project, or activity, 23
3405	3405	with detailed justifications, for amounts made available 24 129
3406	3406	•S 2587 RS
3407	3407	under section 102(b)(2) of the CHIPS Act of 2022 for 1
3408	3408	fiscal year 2025. 2
3409	3409	(e) The Department of Defense shall provide the 3
3410	3410	Committees on Appropriations of the House of Represent-4
3411	3411	atives and Senate quarterly reports on the status of bal-5
3412	3412	ances of projects and activities funded by the CHIPS for 6
3413	3413	America Defense Fund for amounts allocated pursuant to 7
3414	3414	subsection (a) of this section, including all uncommitted, 8
3415	3415	committed, and unobligated funds. 9
3416	3416	S
3417	3417	EC. 8117. The total amount appropriated or other-10
3418	3418	wise made available in title II of this Act is hereby reduced 11
3419	3419	by $400,000,000 to limit excessive growth in the procure-12
3420	3420	ment of advisory and assistance services, to be distributed 13
3421	3421	as follows: 14
3422	3422	‘‘Operation and Maintenance, Army’’, 15
3423	3423	$110,000,000; 16
3424	3424	‘‘Operation and Maintenance, Navy’’, 17
3425	3425	$55,000,000; 18
3426	3426	‘‘Operation and Maintenance, Marine Corps’’, 19
3427	3427	$42,000,000; 20
3428	3428	‘‘Operation and Maintenance, Air Force’’, 21
3429	3429	$62,000,000; 22
3430	3430	‘‘Operation and Maintenance, Space Force’’, 23
3431	3431	$8,000,000; 24 130
3432	3432	•S 2587 RS
3433	3433	‘‘Operation and Maintenance, Defense-Wide’’, 1
3434	3434	$113,000,000; and 2
3435	3435	‘‘Operation and Maintenance, Army National 3
3436	3436	Guard’’, $10,000,000: 4
3437	3437	Provided, That this section shall not apply to appropria-5
3438	3438	tions for the National Intelligence Program and Military 6
3439	3439	Intelligence Program. 7
3440	3440	S
3441	3441	EC. 8118. The total amount appropriated or other-8
3442	3442	wise made available in title II of this Act is hereby reduced 9
3443	3443	by $100,000,000 to reflect savings attributable to effi-10
3444	3444	ciencies and management improvements in the funding of 11
3445	3445	miscellaneous or other contracts in the military depart-12
3446	3446	ments, as follows: 13
3447	3447	‘‘Operation and Maintenance, Army’’, 14
3448	3448	$21,000,000; 15
3449	3449	‘‘Operation and Maintenance, Navy’’, 16
3450	3450	$25,000,000; 17
3451	3451	‘‘Operation and Maintenance, Marine Corps’’, 18
3452	3452	$3,500,000; 19
3453	3453	‘‘Operation and Maintenance, Air Force’’, 20
3454	3454	$22,000,000; 21
3455	3455	‘‘Operation and Maintenance, Space Force’’, 22
3456	3456	$1,700,000; and 23
3457	3457	‘‘Operation and Maintenance, Defense-Wide’’, 24
3458	3458	$26,800,000: 25 131
3459	3459	•S 2587 RS
3460	3460	Provided, That this section shall not apply to appropria-1
3461	3461	tions for the National Intelligence Program and Military 2
3462	3462	Intelligence Program. 3
3463	3463	S
3464	3464	EC. 8119. Of the funds appropriated in this Act 4
3465	3465	under the heading ‘‘Operation and Maintenance, Defense- 5
3466	3466	Wide’’, $47,000,000 shall be for continued implementation 6
3467	3467	and expansion of the Sexual Assault Special Victims’ 7
3468	3468	Counsel Program: Provided, That the funds are made 8
3469	3469	available for transfer to the Department of the Army, the 9
3470	3470	Department of the Navy, and the Department of the Air 10
3471	3471	Force: Provided further, That funds transferred shall be 11
3472	3472	merged with and available for the same purposes and for 12
3473	3473	the same time period as the appropriations to which the 13
3474	3474	funds are transferred: Provided further, That this transfer 14
3475	3475	authority is in addition to any other transfer authority 15
3476	3476	provided in this Act. 16
3477	3477	S
3478	3478	EC. 8120. None of the funds made available by this 17
3479	3479	Act may be used to support any activity conducted by, 18
3480	3480	or associated with, the Wuhan Institute of Virology. 19
3481	3481	S
3482	3482	EC. 8121. None of the funds made available by this 20
3483	3483	Act may be used to fund any work to be performed by 21
3484	3484	EcoHealth Alliance, Inc. in China on research supported 22
3485	3485	by the government of China unless the Secretary of De-23
3486	3486	fense determines that a waiver to such prohibition is in 24
3487	3487	the national security interests of the United States and, 25 132
3488	3488	•S 2587 RS
3489	3489	not later than 14 days after granting such a waiver, sub-1
3490	3490	mits to the congressional defense committees a detailed 2
3491	3491	justification for the waiver, including— 3
3492	3492	(1) an identification of the Department of De-4
3493	3493	fense entity obligating or expending the funds; 5
3494	3494	(2) an identification of the amount of such 6
3495	3495	funds; 7
3496	3496	(3) an identification of the intended purpose of 8
3497	3497	such funds; 9
3498	3498	(4) an identification of the recipient or prospec-10
3499	3499	tive recipient of such funds (including any third- 11
3500	3500	party entity recipient, as applicable); 12
3501	3501	(5) an explanation for how the waiver is in the 13
3502	3502	national security interests of the United States; and 14
3503	3503	(6) any other information the Secretary deter-15
3504	3504	mines appropriate. 16
3505	3505	S
3506	3506	EC. 8122. None of the funds appropriated or other-17
3507	3507	wise made available in this or any other Act may be used 18
3508	3508	to transfer, release, or assist in the transfer or release to 19
3509	3509	or within the United States, its territories, or possessions 20
3510	3510	Khalid Sheikh Mohammed or any other detainee who— 21
3511	3511	(1) is not a United States citizen or a member 22
3512	3512	of the Armed Forces of the United States; and 23 133
3513	3513	•S 2587 RS
3514	3514	(2) is or was held on or after June 24, 2009, 1
3515	3515	at United States Naval Station, Guantanamo Bay, 2
3516	3516	Cuba, by the Department of Defense. 3
3517	3517	S
3518	3518	EC. 8123. None of the funds appropriated or other-4
3519	3519	wise made available in this Act may be used to transfer 5
3520	3520	any individual detained at United States Naval Station 6
3521	3521	Guantanamo Bay, Cuba, to the custody or control of the 7
3522	3522	individual’s country of origin, any other foreign country, 8
3523	3523	or any other foreign entity except in accordance with sec-9
3524	3524	tion 1034 of the National Defense Authorization Act for 10
3525	3525	Fiscal Year 2016 (Public Law 114–92) and section 1035 11
3526	3526	of the John S. McCain National Defense Authorization 12
3527	3527	Act for Fiscal Year 2019 (Public Law 115–232). 13
3528	3528	S
3529	3529	EC. 8124. (a) None of the funds appropriated or 14
3530	3530	otherwise made available in this or any other Act may be 15
3531	3531	used to construct, acquire, or modify any facility in the 16
3532	3532	United States, its territories, or possessions to house any 17
3533	3533	individual described in subsection (c) for the purposes of 18
3534	3534	detention or imprisonment in the custody or under the ef-19
3535	3535	fective control of the Department of Defense. 20
3536	3536	(b) The prohibition in subsection (a) shall not apply 21
3537	3537	to any modification of facilities at United States Naval 22
3538	3538	Station, Guantanamo Bay, Cuba. 23 134
3539	3539	•S 2587 RS
3540	3540	(c) An individual described in this subsection is any 1
3541	3541	individual who, as of June 24, 2009, is located at United 2
3542	3542	States Naval Station, Guantanamo Bay, Cuba, and who— 3
3543	3543	(1) is not a citizen of the United States or a 4
3544	3544	member of the Armed Forces of the United States; 5
3545	3545	and 6
3546	3546	(2) is— 7
3547	3547	(A) in the custody or under the effective 8
3548	3548	control of the Department of Defense; or 9
3549	3549	(B) otherwise under detention at United 10
3550	3550	States Naval Station, Guantanamo Bay, Cuba. 11
3551	3551	S
3552	3552	EC. 8125. None of the funds made available by this 12
3553	3553	Act may be used to carry out the closure or realignment 13
3554	3554	of the United States Naval Station, Guantanamo Bay, 14
3555	3555	Cuba. 15
3556	3556	S
3557	3557	EC. 8126. The Secretary of the Navy shall continue 16
3558	3558	to provide pay and allowances to Lieutenant Ridge 17
3559	3559	Alkonis, United States Navy, until such time as the Sec-18
3560	3560	retary of the Navy makes a determination with respect 19
3561	3561	to the separation of Lieutenant Alkonis from the Navy. 20
3562	3562	S
3563	3563	EC. 8127. Grants pursuant to section 8120 of the 21
3564	3564	Department of Defense Appropriations Act, 2022 (division 22
3565	3565	C of Public Law 117–103) to communities impacted by 23
3566	3566	military aviation noise for the purpose of installing noise 24
3567	3567	mitigating insulation at covered facilities may also provide 25 135
3568	3568	•S 2587 RS
3569	3569	for the installation of air conditioning that complements 1
3570	3570	noise mitigating insulation at such facilities. 2
3571	3571	S
3572	3572	EC. 8128. During their period of availability, 3
3573	3573	amounts appropriated for the Afghanistan Security Forces 4
3574	3574	Fund in section 124 of the Continuing Appropriations 5
3575	3575	Act, 2023 (division A of Public Law 117–180) may be 6
3576	3576	charged for any proper expense for contract closeouts pur-7
3577	3577	suant to section 1553(b)(1) of title 31, United States 8
3578	3578	Code, notwithstanding the limitation in section 1553(b)(2) 9
3579	3579	of such title. 10
3580	3580	S
3581	3581	EC. 8129. None of the funds appropriated or other-11
3582	3582	wise made available by this or any other Act may be obli-12
3583	3583	gated to integrate an alternative engine on any F-35 air-13
3584	3584	craft. 14
3585	3585	S
3586	3586	EC. 8130. None of the funds provided in this or any 15
3587	3587	prior Department of Defense Appropriations Act shall be 16
3588	3588	available for obligation or expenditure for the Department 17
3589	3589	of Defense to— 18
3590	3590	(1) Implement paragraphs (1)(B) and (2)(B) of 19
3591	3591	section 834(d) of S. 2226, the National Defense Au-20
3592	3592	thorization Act for Fiscal Year 2024, as reported by 21
3593	3593	the Senate Armed Services Committee; or 22
3594	3594	(2) Provide loans, loan guarantees, or equity in-23
3595	3595	vestments to any entity unless the authority to pro-24
3596	3596	vide such assistance is pursuant to either chapter 55 25 136
3597	3597	•S 2587 RS
3598	3598	of title 50, United States Code, or section 831 of S. 1
3599	3599	2226, the National Defense Authorization Act for 2
3600	3600	Fiscal Year 2024, as reported by the Senate Armed 3
3601	3601	Services Committee. 4
3602	3602	S
3603	3603	EC. 8131. The Secretary of Defense may use up to 5
3604	3604	$650,000,000 of the amounts appropriated or otherwise 6
3605	3605	made available in this Act to the Department of Defense 7
3606	3606	for the rapid acquisition and deployment of supplies and 8
3607	3607	associated support services pursuant to section 3601 of 9
3608	3608	title 10, United States Code, but only for the purposes 10
3609	3609	specified in clauses (i), (ii), (iii), and (iv) of subsection 11
3610	3610	(c)(3)(B) of such section and subject to the applicable lim-12
3611	3611	its specified in clauses (i), (ii), and (iii) of such subsection 13
3612	3612	and, in the case of clause (iv) of such subsection, subject 14
3613	3613	to a limit of $50,000,000: Provided, That the Secretary 15
3614	3614	of Defense shall notify the congressional defense commit-16
3615	3615	tees promptly of all uses of this authority. 17
3616	3616	(INCLUDING TRANSFER OF FUNDS) 18
3617	3617	S
3618	3618	EC. 8132. In addition to amounts appropriated in 19
3619	3619	title III, title IV, or otherwise made available elsewhere 20
3620	3620	in this Act, $1,500,000,000 is hereby appropriated to the 21
3621	3621	Department of Defense and made available for transfer 22
3622	3622	to the procurement and research, development, test and 23
3623	3623	evaluation accounts of the Army, Navy, Marine Corps, Air 24
3624	3624	Force, and Space Force to reflect revised economic as-25 137
3625	3625	•S 2587 RS
3626	3626	sumptions: Provided, That the transfer authority provided 1
3627	3627	under this section is in addition to any other transfer au-2
3628	3628	thority provided elsewhere in this Act: Provided further, 3
3629	3629	That none of the funds provided under this section may 4
3630	3630	be obligated or expended until 30 days after the Secretary 5
3631	3631	of Defense provides the Committees on Appropriations of 6
3632	3632	the House of Representatives and the Senate a detailed 7
3633	3633	execution plan for such funds: Provided further, That the 8
3634	3634	amounts made available under this section are designated 9
3635	3635	by the Congress as being for an emergency requirement 10
3636	3636	pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-11
3637	3637	et and Emergency Deficit Control Act of 1985. 12
3638	3638	(INCLUDING TRANSFER OF FUNDS) 13
3639	3639	S
3640	3640	EC. 8133. In addition to amounts made available 14
3641	3641	elsewhere in this Act, $2,000,000,000 is hereby appro-15
3642	3642	priated to the Department of Defense and made available 16
3643	3643	for transfer to the operation and maintenance, procure-17
3644	3644	ment, and research, development, test and evaluation ac-18
3645	3645	counts of the Army, Navy, Marine Corps, Air Force, Space 19
3646	3646	Force, and agencies of the Department of Defense, only 20
3647	3647	to address unfunded priorities of the armed forces and 21
3648	3648	combatant commands for fiscal year 2024 (as submitted 22
3649	3649	to Congress pursuant to section 222a of title 10, United 23
3650	3650	States Code) with submission of the budget of the Presi-24
3651	3651	dent for fiscal year 2024 (as submitted to Congress pursu-25 138
3652	3652	•S 2587 RS
3653	3653	ant to section 1105 of title 31, United States Code), as 1
3654	3654	identified in the report accompanying this Act: Provided, 2
3655	3655	That the transfer authority provided under this section is 3
3656	3656	in addition to any other transfer authority provided else-4
3657	3657	where in this Act: Provided further, That none of the funds 5
3658	3658	provided under this section may be obligated or expended 6
3659	3659	until 30 days after the Secretary of Defense, through the 7
3660	3660	Under Secretary of Defense (Comptroller) provides the 8
3661	3661	Committees on Appropriations of the House of Represent-9
3662	3662	atives and the Senate a detailed execution plan for such 10
3663	3663	funds: Provided further, That the amounts made available 11
3664	3664	under this section are designated by the Congress as being 12
3665	3665	for an emergency requirement pursuant to section 13
3666	3666	251(b)(2)(A)(i) of the Balanced Budget and Emergency 14
3667	3667	Deficit Control Act of 1985. 15
3668	3668	(INCLUDING TRANSFER OF FUNDS) 16
3669	3669	S
3670	3670	EC. 8134. In addition to amounts made available 17
3671	3671	elsewhere in this Act, $1,000,000,000 is hereby appro-18
3672	3672	priated to the Department of Defense and made available 19
3673	3673	for transfer to the procurement and research, develop-20
3674	3674	ment, test and evaluation accounts of the Army, Navy, 21
3675	3675	Marine Corps, Air Force, and Space Force to address de-22
3676	3676	fense industrial base capacity and workforce shortfalls: 23
3677	3677	Provided, That the transfer authority provided under this 24
3678	3678	section is in addition to any other transfer authority pro-25 139
3679	3679	•S 2587 RS
3680	3680	vided elsewhere in this Act: Provided further, That none 1
3681	3681	of the funds provided under this section may be obligated 2
3682	3682	or expended until 30 days after the Secretary of Defense 3
3683	3683	provides the Committees on Appropriations of the House 4
3684	3684	of Representatives and the Senate a detailed execution 5
3685	3685	plan for such funds: Provided further, That the amounts 6
3686	3686	made available under this section are designated by the 7
3687	3687	Congress as being for an emergency requirement pursuant 8
3688	3688	to section 251(b)(2)(A)(i) of the Balanced Budget and 9
3689	3689	Emergency Deficit Control Act of 1985. 10
3690	3690	(INCLUDING TRANSFER OF FUNDS) 11
3691	3691	S
3692	3692	EC. 8135. Notwithstanding any other provision of 12
3693	3693	this Act, to reflect higher than anticipated fuel costs, the 13
3694	3694	total amount appropriated in title II of this Act is hereby 14
3695	3695	increased by $500,000,000: Provided, That the amounts 15
3696	3696	made available under this section are designated by the 16
3697	3697	Congress as being for an emergency requirement pursuant 17
3698	3698	to section 251(b)(2)(A)(i) of the Balanced Budget and 18
3699	3699	Emergency Deficit Control Act of 1985. 19
3700	3700	(INCLUDING TRANSFER OF FUNDS) 20
3701	3701	S
3702	3702	EC. 8136. In addition to amounts made available 21
3703	3703	elsewhere in this Act, $1,100,000,000, to remain available 22
3704	3704	until September 30, 2025, is hereby appropriated to ‘‘Op-23
3705	3705	eration and Maintenance, Defense-Wide’’ in order to assist 24
3706	3706	and support the armed forces of Taiwan: Provided, That 25 140
3707	3707	•S 2587 RS
3708	3708	funds may be transferred to accounts under the headings 1
3709	3709	‘‘Operation and Maintenance’’ and ‘‘Procurement’’ for re-2
3710	3710	placement of defense articles from the stocks of the De-3
3711	3711	partment of Defense, defense services of the Department 4
3712	3712	of Defense, and military education and training provided 5
3713	3713	to Taiwan: Provided further, That the Secretary of De-6
3714	3714	fense shall notify the congressional defense committees of 7
3715	3715	the details of such transfers not less than 15 days before 8
3716	3716	any such transfer: Provided further, That upon a deter-9
3717	3717	mination that all or part of the funds transferred from 10
3718	3718	this appropriation are not necessary for the purposes pro-11
3719	3719	vided herein, such amounts may be transferred back and 12
3720	3720	merged with this appropriation: Provided further, That the 13
3721	3721	transfer authority provided under this section is in addi-14
3722	3722	tion to any other transfer authority provided elsewhere in 15
3723	3723	this Act: Provided further, That the amounts made avail-16
3724	3724	able under this section are designated by the Congress as 17
3725	3725	being for an emergency requirement pursuant to section 18
3726	3726	251(b)(2)(A)(i) of the Balanced Budget and Emergency 19
3727	3727	Deficit Control Act of 1985. 20
3728	3728	S
3729	3729	EC. 8137. Each amount designated in this Act by 21
3730	3730	the Congress as an emergency requirement pursuant to 22
3731	3731	section 251(b)(2)(A)(i) of the Balanced Budget and 23
3732	3732	Emergency Deficit Control Act of 1985 shall be available 24
3733	3733	(or rescinded, if applicable) only if the President subse-25 141
3734	3734	•S 2587 RS
3735	3735	quently so designates all such amounts and transmits such 1
3736	3736	designations to the Congress. 2
3737	3737	S
3738	3738	EC. 8138. None of the funds made available by this 3
3739	3739	Act may be used to provide for a Confucius Institute 4
3740	3740	Waiver Program at the Department of Defense, or for the 5
3741	3741	processing or consideration of such a waiver. 6
3742	3742	This Act may be cited as the ‘‘Department of Defense 7
3743	3743	Appropriations Act, 2024’’. 8 Calendar No.
3744	3744	181
3745	3745	118
3746	3746	TH
3747	3747	CONGRESS
3748	3748	1
3749	3749	ST
3750	3750	S
3751	3751	ESSION
3752	3752
3753	3753	S. 2587
3754	3754	[Report No. 118–81]
3755	3755	A BILL
3756	3756	Making appropriations for the Department of De-
3757	3757	fense for the fiscal year ending September 30,
3758	3758	2024, and for other purposes.
3759	3759	J
3760	3760	ULY
3761	3761	27, 2023
3762	3762	Read twice and placed on the calendar