II
Calendar No. 181
118THCONGRESS
1
STSESSION S. 2587
[Report No. 118–81]
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2024, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JULY27, 2023
Mr. T
ESTER, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
A BILL
Making appropriations for the Department of Defense for
the fiscal year ending September 30, 2024, and for other
purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
That the following sums are appropriated, out of any 3
money in the Treasury not otherwise appropriated, for the 4
Department of Defense for the fiscal year ending Sep-5
tember 30, 2024, and for other purposes, namely: 6 2
•S 2587 RS
TITLE I 1
MILITARY PERSONNEL 2
M
ILITARYPERSONNEL, ARMY 3
For pay, allowances, individual clothing, subsistence, 4
interest on deposits, gratuities, permanent change of sta-5
tion travel (including all expenses thereof for organiza-6
tional movements), and expenses of temporary duty travel 7
between permanent duty stations, for members of the 8
Army on active duty (except members of reserve compo-9
nents provided for elsewhere), cadets, and aviation cadets; 10
for members of the Reserve Officers’ Training Corps; and 11
for payments pursuant to section 156 of Public Law 97– 12
377, as amended (42 U.S.C. 402 note), and to the Depart-13
ment of Defense Military Retirement Fund, 14
$49,576,005,000. 15
M
ILITARYPERSONNEL, NAVY 16
For pay, allowances, individual clothing, subsistence, 17
interest on deposits, gratuities, permanent change of sta-18
tion travel (including all expenses thereof for organiza-19
tional movements), and expenses of temporary duty travel 20
between permanent duty stations, for members of the 21
Navy on active duty (except members of the Reserve pro-22
vided for elsewhere), midshipmen, and aviation cadets; for 23
members of the Reserve Officers’ Training Corps; and for 24
payments pursuant to section 156 of Public Law 97–377, 25 3
•S 2587 RS
as amended (42 U.S.C. 402 note), and to the Department 1
of Defense Military Retirement Fund, $37,400,340,000. 2
M
ILITARYPERSONNEL, MARINECORPS 3
For pay, allowances, individual clothing, subsistence, 4
interest on deposits, gratuities, permanent change of sta-5
tion travel (including all expenses thereof for organiza-6
tional movements), and expenses of temporary duty travel 7
between permanent duty stations, for members of the Ma-8
rine Corps on active duty (except members of the Reserve 9
provided for elsewhere); and for payments pursuant to sec-10
tion 156 of Public Law 97–377, as amended (42 U.S.C. 11
402 note), and to the Department of Defense Military Re-12
tirement Fund, $15,482,551,000. 13
M
ILITARYPERSONNEL, AIRFORCE 14
For pay, allowances, individual clothing, subsistence, 15
interest on deposits, gratuities, permanent change of sta-16
tion travel (including all expenses thereof for organiza-17
tional movements), and expenses of temporary duty travel 18
between permanent duty stations, for members of the Air 19
Force on active duty (except members of reserve compo-20
nents provided for elsewhere), cadets, and aviation cadets; 21
for members of the Reserve Officers’ Training Corps; and 22
for payments pursuant to section 156 of Public Law 97– 23
377, as amended (42 U.S.C. 402 note), and to the Depart-24 4
•S 2587 RS
ment of Defense Military Retirement Fund, 1
$36,118,107,000. 2
M
ILITARYPERSONNEL, SPACEFORCE 3
For pay, allowances, individual clothing, subsistence, 4
interest on deposits, gratuities, permanent change of sta-5
tion travel (including all expenses thereof for organiza-6
tional movements), and expenses of temporary duty travel 7
between permanent duty stations, for members of the 8
Space Force on active duty and cadets; for members of 9
the Reserve Officers Training Corps; and for payments 10
pursuant to section 156 of Public Law 97–377, as amend-11
ed (42 U.S.C. 402 note), and to the Department of De-12
fense Military Retirement Fund, $1,210,928,000. 13
R
ESERVEPERSONNEL, ARMY 14
For pay, allowances, clothing, subsistence, gratuities, 15
travel, and related expenses for personnel of the Army Re-16
serve on active duty under sections 10211, 10302, and 17
7038 of title 10, United States Code, or while serving on 18
active duty under section 12301(d) of title 10, United 19
States Code, in connection with performing duty specified 20
in section 12310(a) of title 10, United States Code, or 21
while undergoing reserve training, or while performing 22
drills or equivalent duty or other duty, and expenses au-23
thorized by section 16131 of title 10, United States Code; 24 5
•S 2587 RS
and for payments to the Department of Defense Military 1
Retirement Fund, $5,333,436,000. 2
R
ESERVEPERSONNEL, NAVY 3
For pay, allowances, clothing, subsistence, gratuities, 4
travel, and related expenses for personnel of the Navy Re-5
serve on active duty under section 10211 of title 10, 6
United States Code, or while serving on active duty under 7
section 12301(d) of title 10, United States Code, in con-8
nection with performing duty specified in section 12310(a) 9
of title 10, United States Code, or while undergoing re-10
serve training, or while performing drills or equivalent 11
duty, and expenses authorized by section 16131 of title 12
10, United States Code; and for payments to the Depart-13
ment of Defense Military Retirement Fund, 14
$2,481,249,000. 15
R
ESERVEPERSONNEL, MARINECORPS 16
For pay, allowances, clothing, subsistence, gratuities, 17
travel, and related expenses for personnel of the Marine 18
Corps Reserve on active duty under section 10211 of title 19
10, United States Code, or while serving on active duty 20
under section 12301(d) of title 10, United States Code, 21
in connection with performing duty specified in section 22
12310(a) of title 10, United States Code, or while under-23
going reserve training, or while performing drills or equiv-24
alent duty, and for members of the Marine Corps platoon 25 6
•S 2587 RS
leaders class, and expenses authorized by section 16131 1
of title 10, United States Code; and for payments to the 2
Department of Defense Military Retirement Fund, 3
$879,613,000. 4
R
ESERVEPERSONNEL, AIRFORCE 5
For pay, allowances, clothing, subsistence, gratuities, 6
travel, and related expenses for personnel of the Air Force 7
Reserve on active duty under sections 10211, 10305, and 8
8038 of title 10, United States Code, or while serving on 9
active duty under section 12301(d) of title 10, United 10
States Code, in connection with performing duty specified 11
in section 12310(a) of title 10, United States Code, or 12
while undergoing reserve training, or while performing 13
drills or equivalent duty or other duty, and expenses au-14
thorized by section 16131 of title 10, United States Code; 15
and for payments to the Department of Defense Military 16
Retirement Fund, $2,450,005,000. 17
N
ATIONALGUARDPERSONNEL, ARMY 18
For pay, allowances, clothing, subsistence, gratuities, 19
travel, and related expenses for personnel of the Army Na-20
tional Guard while on duty under sections 10211, 10302, 21
or 12402 of title 10 or section 708 of title 32, United 22
States Code, or while serving on duty under section 23
12301(d) of title 10 or section 502(f) of title 32, United 24
States Code, in connection with performing duty specified 25 7
•S 2587 RS
in section 12310(a) of title 10, United States Code, or 1
while undergoing training, or while performing drills or 2
equivalent duty or other duty, and expenses authorized by 3
section 16131 of title 10, United States Code; and for pay-4
ments to the Department of Defense Military Retirement 5
Fund, $9,786,667,000. 6
N
ATIONALGUARDPERSONNEL, AIRFORCE 7
For pay, allowances, clothing, subsistence, gratuities, 8
travel, and related expenses for personnel of the Air Na-9
tional Guard on duty under sections 10211, 10305, or 10
12402 of title 10 or section 708 of title 32, United States 11
Code, or while serving on duty under section 12301(d) of 12
title 10 or section 502(f) of title 32, United States Code, 13
in connection with performing duty specified in section 14
12310(a) of title 10, United States Code, or while under-15
going training, or while performing drills or equivalent 16
duty or other duty, and expenses authorized by section 17
16131 of title 10, United States Code; and for payments 18
to the Department of Defense Military Retirement Fund, 19
$5,264,865,000. 20 8
•S 2587 RS
TITLE II 1
OPERATION AND MAINTENANCE 2
O
PERATION ANDMAINTENANCE, ARMY 3
For expenses, not otherwise provided for, necessary 4
for the operation and maintenance of the Army, as author-5
ized by law, $59,904,900,000: Provided, That not to ex-6
ceed $12,478,000 may be used for emergencies and ex-7
traordinary expenses, to be expended upon the approval 8
or authority of the Secretary of the Army, and payments 9
may be made upon the Secretary’s certificate of necessity 10
for confidential military purposes. 11
O
PERATION ANDMAINTENANCE, NAVY 12
For expenses, not otherwise provided for, necessary 13
for the operation and maintenance of the Navy and the 14
Marine Corps, as authorized by law, $72,224,550,000: 15
Provided, That not to exceed $15,055,000 may be used 16
for emergencies and extraordinary expenses, to be ex-17
pended upon the approval or authority of the Secretary 18
of the Navy, and payments may be made upon the Sec-19
retary’s certificate of necessity for confidential military 20
purposes. 21
O
PERATION ANDMAINTENANCE, MARINECORPS 22
For expenses, not otherwise provided for, necessary 23
for the operation and maintenance of the Marine Corps, 24
as authorized by law, $10,299,917,000. 25 9
•S 2587 RS
OPERATION ANDMAINTENANCE, AIRFORCE 1
For expenses, not otherwise provided for, necessary 2
for the operation and maintenance of the Air Force, as 3
authorized by law, $62,449,894,000: Provided, That not 4
to exceed $7,699,000 may be used for emergencies and 5
extraordinary expenses, to be expended upon the approval 6
or authority of the Secretary of the Air Force, and pay-7
ments may be made upon the Secretary’s certificate of ne-8
cessity for confidential military purposes. 9
O
PERATION ANDMAINTENANCE, SPACEFORCE 10
For expenses, not otherwise provided for, necessary 11
for the operation and maintenance of the Space Force, as 12
authorized by law, $4,958,408,000. 13
O
PERATION ANDMAINTENANCE, DEFENSE-WIDE 14
(INCLUDING TRANSFER OF FUNDS) 15
For expenses, not otherwise provided for, necessary 16
for the operation and maintenance of activities and agen-17
cies of the Department of Defense (other than the military 18
departments), as authorized by law, $52,508,990,000: 19
Provided, That not more than $2,981,000 may be used 20
for the Combatant Commander Initiative Fund authorized 21
under section 166a of title 10, United States Code: Pro-22
vided further, That not to exceed $36,000,000 may be 23
used for emergencies and extraordinary expenses, to be ex-24
pended upon the approval or authority of the Secretary 25 10
•S 2587 RS
of Defense, and payments may be made upon the Sec-1
retary’s certificate of necessity for confidential military 2
purposes: Provided further, That of the funds provided 3
under this heading, not less than $55,000,000 shall be 4
made available for the Procurement Technical Assistance 5
Cooperative Agreement Program, of which not less than 6
$5,000,000 shall be available for centers with eligible enti-7
ties defined in 10 U.S.C. 4951(1)(D): Provided further, 8
That none of the funds appropriated or otherwise made 9
available by this Act may be used to plan or implement 10
the consolidation of a budget or appropriations liaison of-11
fice of the Office of the Secretary of Defense, the office 12
of the Secretary of a military department, or the service 13
headquarters of one of the Armed Forces into a legislative 14
affairs or legislative liaison office: Provided further, That 15
of the funds provided under this heading, $3,000,000, to 16
remain available until September 30, 2025, shall be avail-17
able only for expenses relating to certain classified activi-18
ties: Provided further, That of the funds provided under 19
this heading, $25,968,000, to remain available until ex-20
pended, shall be available only for expenses relating to cer-21
tain classified activities, and may be transferred as nec-22
essary by the Secretary of Defense to operation and main-23
tenance appropriations or research, development, test and 24
evaluation appropriations, to be merged with and to be 25 11
•S 2587 RS
available for the same time period as the appropriations 1
to which transferred: Provided further, That any ceiling 2
on the investment item unit cost of items that may be pur-3
chased with operation and maintenance funds shall not 4
apply to the funds described in the preceding proviso: Pro-5
vided further, That of the funds provided under this head-6
ing, $2,241,600,000, of which $1,316,031,000, to remain 7
available until September 30, 2025, shall be available to 8
provide support and assistance to foreign security forces 9
or other groups or individuals to conduct, support or facili-10
tate counterterrorism, crisis response, or other Depart-11
ment of Defense security cooperation programs: Provided 12
further, That the transfer authority provided under this 13
heading is in addition to any other transfer authority pro-14
vided elsewhere in this Act. 15
C
OUNTER-ISIS TRAIN ANDEQUIPFUND 16
For the ‘‘Counter-Islamic State of Iraq and Syria 17
Train and Equip Fund’’, $372,950,000, to remain avail-18
able until September 30, 2025: Provided, That such funds 19
shall be available to the Secretary of Defense in coordina-20
tion with the Secretary of State, to provide assistance, in-21
cluding training; equipment; logistics support, supplies, 22
and services; stipends; infrastructure repair and renova-23
tion; construction for facility fortification and humane 24
treatment; and sustainment, to foreign security forces, ir-25 12
•S 2587 RS
regular forces, groups, or individuals participating, or pre-1
paring to participate in activities to counter the Islamic 2
State of Iraq and Syria, and their affiliated or associated 3
groups: Provided further, That amounts made available 4
under this heading shall be available to provide assistance 5
only for activities in a country designated by the Secretary 6
of Defense, in coordination with the Secretary of State, 7
as having a security mission to counter the Islamic State 8
of Iraq and Syria, and following written notification to the 9
congressional defense committees of such designation: 10
Provided further, That the Secretary of Defense shall en-11
sure that prior to providing assistance to elements of any 12
forces or individuals, such elements or individuals are ap-13
propriately vetted, including at a minimum, assessing such 14
elements for associations with terrorist groups or groups 15
associated with the Government of Iran; and receiving 16
commitments from such elements to promote respect for 17
human rights and the rule of law: Provided further, That 18
the Secretary of Defense shall, not fewer than 15 days 19
prior to obligating from this appropriation account, notify 20
the congressional defense committees in writing of the de-21
tails of any such obligation: Provided further, That the 22
Secretary of Defense may accept and retain contributions, 23
including assistance in-kind, from foreign governments, 24
including the Government of Iraq and other entities, to 25 13
•S 2587 RS
carry out assistance authorized under this heading: Pro-1
vided further, That contributions of funds for the purposes 2
provided herein from any foreign government or other en-3
tity may be credited to this Fund, to remain available until 4
expended, and used for such purposes: Provided further, 5
That the Secretary of Defense shall prioritize such con-6
tributions when providing any assistance for construction 7
for facility fortification: Provided further, That the Sec-8
retary of Defense may waive a provision of law relating 9
to the acquisition of items and support services or sections 10
40 and 40A of the Arms Export Control Act (22 U.S.C. 11
2780 and 2785) if the Secretary determines that such pro-12
vision of law would prohibit, restrict, delay or otherwise 13
limit the provision of such assistance and a notice of and 14
justification for such waiver is submitted to the congres-15
sional defense committees, the Committees on Appropria-16
tions and Foreign Relations of the Senate and the Com-17
mittees on Appropriations and Foreign Affairs of the 18
House of Representatives: Provided further, That the 19
United States may accept equipment procured using funds 20
provided under this heading, or under the heading, ‘‘Iraq 21
Train and Equip Fund’’ in prior Acts, that was trans-22
ferred to security forces, irregular forces, or groups par-23
ticipating, or preparing to participate in activities to 24
counter the Islamic State of Iraq and Syria and returned 25 14
•S 2587 RS
by such forces or groups to the United States, and such 1
equipment may be treated as stocks of the Department 2
of Defense upon written notification to the congressional 3
defense committees: Provided further, That equipment 4
procured using funds provided under this heading, or 5
under the heading, ‘‘Iraq Train and Equip Fund’’ in prior 6
Acts, and not yet transferred to security forces, irregular 7
forces, or groups participating, or preparing to participate 8
in activities to counter the Islamic State of Iraq and Syria 9
may be treated as stocks of the Department of Defense 10
when determined by the Secretary to no longer be required 11
for transfer to such forces or groups and upon written 12
notification to the congressional defense committees: Pro-13
vided further, That the Secretary of Defense shall provide 14
quarterly reports to the congressional defense committees 15
on the use of funds provided under this heading, including, 16
but not limited to, the number of individuals trained, the 17
nature and scope of support and sustainment provided to 18
each group or individual, the area of operations for each 19
group, and the contributions of other countries, groups, 20
or individuals. 21
O
PERATION ANDMAINTENANCE, ARMYRESERVE 22
For expenses, not otherwise provided for, necessary 23
for the operation and maintenance, including training, or-24
ganization, and administration, of the Army Reserve; re-25 15
•S 2587 RS
pair of facilities and equipment; hire of passenger motor 1
vehicles; travel and transportation; care of the dead; re-2
cruiting; procurement of services, supplies, and equip-3
ment; and communications, $3,623,948,000. 4
O
PERATION ANDMAINTENANCE, NAVYRESERVE 5
For expenses, not otherwise provided for, necessary 6
for the operation and maintenance, including training, or-7
ganization, and administration, of the Navy Reserve; re-8
pair of facilities and equipment; hire of passenger motor 9
vehicles; travel and transportation; care of the dead; re-10
cruiting; procurement of services, supplies, and equip-11
ment; and communications, $1,384,310,000. 12
O
PERATION ANDMAINTENANCE, MARINECORPS 13
R
ESERVE 14
For expenses, not otherwise provided for, necessary 15
for the operation and maintenance, including training, or-16
ganization, and administration, of the Marine Corps Re-17
serve; repair of facilities and equipment; hire of passenger 18
motor vehicles; travel and transportation; care of the dead; 19
recruiting; procurement of services, supplies, and equip-20
ment; and communications, $329,895,000. 21
O
PERATION ANDMAINTENANCE, AIRFORCERESERVE 22
For expenses, not otherwise provided for, necessary 23
for the operation and maintenance, including training, or-24
ganization, and administration, of the Air Force Reserve; 25 16
•S 2587 RS
repair of facilities and equipment; hire of passenger motor 1
vehicles; travel and transportation; care of the dead; re-2
cruiting; procurement of services, supplies, and equip-3
ment; and communications, $4,003,756,000. 4
O
PERATION ANDMAINTENANCE, ARMYNATIONAL 5
G
UARD 6
For expenses of training, organizing, and admin-7
istering the Army National Guard, including medical and 8
hospital treatment and related expenses in non-Federal 9
hospitals; maintenance, operation, and repairs to struc-10
tures and facilities; hire of passenger motor vehicles; per-11
sonnel services in the National Guard Bureau; travel ex-12
penses (other than mileage), as authorized by law for 13
Army personnel on active duty, for Army National Guard 14
division, regimental, and battalion commanders while in-15
specting units in compliance with National Guard Bureau 16
regulations when specifically authorized by the Chief, Na-17
tional Guard Bureau; supplying and equipping the Army 18
National Guard as authorized by law; and expenses of re-19
pair, modification, maintenance, and issue of supplies and 20
equipment (including aircraft), $8,706,797,000. 21
O
PERATION ANDMAINTENANCE, AIRNATIONALGUARD 22
For expenses of training, organizing, and admin-23
istering the Air National Guard, including medical and 24
hospital treatment and related expenses in non-Federal 25 17
•S 2587 RS
hospitals; maintenance, operation, and repairs to struc-1
tures and facilities; transportation of things, hire of pas-2
senger motor vehicles; supplying and equipping the Air 3
National Guard, as authorized by law; expenses for repair, 4
modification, maintenance, and issue of supplies and 5
equipment, including those furnished from stocks under 6
the control of agencies of the Department of Defense; 7
travel expenses (other than mileage) on the same basis as 8
authorized by law for Air National Guard personnel on 9
active Federal duty, for Air National Guard commanders 10
while inspecting units in compliance with National Guard 11
Bureau regulations when specifically authorized by the 12
Chief, National Guard Bureau, $7,268,605,000. 13
U
NITEDSTATESCOURT OFAPPEALS FOR THEARMED 14
F
ORCES 15
For salaries and expenses necessary for the United 16
States Court of Appeals for the Armed Forces, 17
$16,620,000, of which not to exceed $10,000 may be used 18
for official representation purposes. 19
E
NVIRONMENTAL RESTORATION, ARMY 20
(INCLUDING TRANSFER OF FUNDS) 21
For the Department of the Army, $265,860,000, to 22
remain available until transferred: Provided, That the Sec-23
retary of the Army shall, upon determining that such 24
funds are required for environmental restoration, reduc-25 18
•S 2587 RS
tion and recycling of hazardous waste, removal of unsafe 1
buildings and debris of the Department of the Army, or 2
for similar purposes, transfer the funds made available by 3
this appropriation to other appropriations made available 4
to the Department of the Army, to be merged with and 5
to be available for the same purposes and for the same 6
time period as the appropriations to which transferred: 7
Provided further, That upon a determination that all or 8
part of the funds transferred from this appropriation are 9
not necessary for the purposes provided herein, such 10
amounts may be transferred back to this appropriation: 11
Provided further, That the transfer authority provided 12
under this heading is in addition to any other transfer au-13
thority provided elsewhere in this Act. 14
E
NVIRONMENTAL RESTORATION, NAVY 15
(INCLUDING TRANSFER OF FUNDS) 16
For the Department of the Navy, $405,240,000, to 17
remain available until transferred: Provided, That the Sec-18
retary of the Navy shall, upon determining that such 19
funds are required for environmental restoration, reduc-20
tion and recycling of hazardous waste, removal of unsafe 21
buildings and debris of the Department of the Navy, or 22
for similar purposes, transfer the funds made available by 23
this appropriation to other appropriations made available 24
to the Department of the Navy, to be merged with and 25 19
•S 2587 RS
to be available for the same purposes and for the same 1
time period as the appropriations to which transferred: 2
Provided further, That upon a determination that all or 3
part of the funds transferred from this appropriation are 4
not necessary for the purposes provided herein, such 5
amounts may be transferred back to this appropriation: 6
Provided further, That the transfer authority provided 7
under this heading is in addition to any other transfer au-8
thority provided elsewhere in this Act. 9
E
NVIRONMENTAL RESTORATION, AIRFORCE 10
(INCLUDING TRANSFER OF FUNDS) 11
For the Department of the Air Force, $406,744,000, 12
to remain available until transferred: Provided, That the 13
Secretary of the Air Force shall, upon determining that 14
such funds are required for environmental restoration, re-15
duction and recycling of hazardous waste, removal of un-16
safe buildings and debris of the Department of the Air 17
Force, or for similar purposes, transfer the funds made 18
available by this appropriation to other appropriations 19
made available to the Department of the Air Force, to be 20
merged with and to be available for the same purposes 21
and for the same time period as the appropriations to 22
which transferred: Provided further, That upon a deter-23
mination that all or part of the funds transferred from 24
this appropriation are not necessary for the purposes pro-25 20
•S 2587 RS
vided herein, such amounts may be transferred back to 1
this appropriation: Provided further, That the transfer au-2
thority provided under this heading is in addition to any 3
other transfer authority provided elsewhere in this Act. 4
E
NVIRONMENTAL RESTORATION, DEFENSE-WIDE 5
(INCLUDING TRANSFER OF FUNDS) 6
For the Department of Defense, $8,965,000, to re-7
main available until transferred: Provided, That the Sec-8
retary of Defense shall, upon determining that such funds 9
are required for environmental restoration, reduction and 10
recycling of hazardous waste, removal of unsafe buildings 11
and debris of the Department of Defense, or for similar 12
purposes, transfer the funds made available by this appro-13
priation to other appropriations made available to the De-14
partment of Defense, to be merged with and to be avail-15
able for the same purposes and for the same time period 16
as the appropriations to which transferred: Provided fur-17
ther, That upon a determination that all or part of the 18
funds transferred from this appropriation are not nec-19
essary for the purposes provided herein, such amounts 20
may be transferred back to this appropriation: Provided 21
further, That the transfer authority provided under this 22
heading is in addition to any other transfer authority pro-23
vided elsewhere in this Act. 24 21
•S 2587 RS
ENVIRONMENTAL RESTORATION, FORMERLYUSED 1
D
EFENSESITES 2
(INCLUDING TRANSFER OF FUNDS) 3
For the Department of the Army, $232,806,000, to 4
remain available until transferred: Provided, That the Sec-5
retary of the Army shall, upon determining that such 6
funds are required for environmental restoration, reduc-7
tion and recycling of hazardous waste, removal of unsafe 8
buildings and debris at sites formerly used by the Depart-9
ment of Defense, transfer the funds made available by this 10
appropriation to other appropriations made available to 11
the Department of the Army, to be merged with and to 12
be available for the same purposes and for the same time 13
period as the appropriations to which transferred: Pro-14
vided further, That upon a determination that all or part 15
of the funds transferred from this appropriation are not 16
necessary for the purposes provided herein, such amounts 17
may be transferred back to this appropriation: Provided 18
further, That the transfer authority provided under this 19
heading is in addition to any other transfer authority pro-20
vided elsewhere in this Act. 21
O
VERSEASHUMANITARIAN, DISASTER, ANDCIVICAID 22
For expenses relating to the Overseas Humanitarian, 23
Disaster, and Civic Aid programs of the Department of 24
Defense (consisting of the programs provided under sec-25 22
•S 2587 RS
tions 401, 402, 404, 407, 2557, and 2561 of title 10, 1
United States Code), $114,900,000, to remain available 2
until September 30, 2025. 3
C
OOPERATIVETHREATREDUCTIONACCOUNT 4
For assistance, including assistance provided by con-5
tract or by grants, under programs and activities of the 6
Department of Defense Cooperative Threat Reduction 7
Program authorized under the Department of Defense Co-8
operative Threat Reduction Act, $350,999,000, to remain 9
available until September 30, 2026. 10
D
EPARTMENT OFDEFENSEACQUISITIONWORKFORCE 11
D
EVELOPMENTACCOUNT 12
For the Department of Defense Acquisition Work-13
force Development Account, $79,977,000: Provided, That 14
no other amounts may be otherwise credited or transferred 15
to the Account, or deposited into the Account, in fiscal 16
year 2024 pursuant to section 1705(d) of title 10, United 17
States Code. 18 23
•S 2587 RS
TITLE III 1
PROCUREMENT 2
A
IRCRAFTPROCUREMENT, ARMY 3
For construction, procurement, production, modifica-4
tion, and modernization of aircraft, equipment, including 5
ordnance, ground handling equipment, spare parts, and 6
accessories therefor; specialized equipment and training 7
devices; expansion of public and private plants, including 8
the land necessary therefor, for the foregoing purposes, 9
and such lands and interests therein, may be acquired, 10
and construction prosecuted thereon prior to approval of 11
title; and procurement and installation of equipment, ap-12
pliances, and machine tools in public and private plants; 13
reserve plant and Government and contractor-owned 14
equipment layaway; and other expenses necessary for the 15
foregoing purposes, $3,154,007,000, to remain available 16
for obligation until September 30, 2026. 17
M
ISSILEPROCUREMENT, ARMY 18
For construction, procurement, production, modifica-19
tion, and modernization of missiles, equipment, including 20
ordnance, ground handling equipment, spare parts, and 21
accessories therefor; specialized equipment and training 22
devices; expansion of public and private plants, including 23
the land necessary therefor, for the foregoing purposes, 24
and such lands and interests therein, may be acquired, 25 24
•S 2587 RS
and construction prosecuted thereon prior to approval of 1
title; and procurement and installation of equipment, ap-2
pliances, and machine tools in public and private plants; 3
reserve plant and Government and contractor-owned 4
equipment layaway; and other expenses necessary for the 5
foregoing purposes, $4,826,906,000, to remain available 6
for obligation until September 30, 2026. 7
P
ROCUREMENT OF WEAPONS ANDTRACKEDCOMBAT 8
V
EHICLES, ARMY 9
For construction, procurement, production, and 10
modification of weapons and tracked combat vehicles, 11
equipment, including ordnance, spare parts, and acces-12
sories therefor; specialized equipment and training devices; 13
expansion of public and private plants, including the land 14
necessary therefor, for the foregoing purposes, and such 15
lands and interests therein, may be acquired, and con-16
struction prosecuted thereon prior to approval of title; and 17
procurement and installation of equipment, appliances, 18
and machine tools in public and private plants; reserve 19
plant and Government and contractor-owned equipment 20
layaway; and other expenses necessary for the foregoing 21
purposes, $4,070,011,000, to remain available for obliga-22
tion until September 30, 2026. 23 25
•S 2587 RS
PROCUREMENT OF AMMUNITION, ARMY 1
For construction, procurement, production, and 2
modification of ammunition, and accessories therefor; spe-3
cialized equipment and training devices; expansion of pub-4
lic and private plants, including ammunition facilities, au-5
thorized by section 2854 of title 10, United States Code, 6
and the land necessary therefor, for the foregoing pur-7
poses, and such lands and interests therein, may be ac-8
quired, and construction prosecuted thereon prior to ap-9
proval of title; and procurement and installation of equip-10
ment, appliances, and machine tools in public and private 11
plants; reserve plant and Government and contractor- 12
owned equipment layaway; and other expenses necessary 13
for the foregoing purposes, $2,888,332,000, to remain 14
available for obligation until September 30, 2026. 15
O
THERPROCUREMENT, ARMY 16
For construction, procurement, production, and 17
modification of vehicles, including tactical, support, and 18
non-tracked combat vehicles; the purchase of passenger 19
motor vehicles for replacement only; communications and 20
electronic equipment; other support equipment; spare 21
parts, ordnance, and accessories therefor; specialized 22
equipment and training devices; expansion of public and 23
private plants, including the land necessary therefor, for 24
the foregoing purposes, and such lands and interests 25 26
•S 2587 RS
therein, may be acquired, and construction prosecuted 1
thereon prior to approval of title; and procurement and 2
installation of equipment, appliances, and machine tools 3
in public and private plants; reserve plant and Govern-4
ment and contractor-owned equipment layaway; and other 5
expenses necessary for the foregoing purposes, 6
$8,402,000,000, to remain available for obligation until 7
September 30, 2026. 8
A
IRCRAFTPROCUREMENT, NAVY 9
For construction, procurement, production, modifica-10
tion, and modernization of aircraft, equipment, including 11
ordnance, spare parts, and accessories therefor; specialized 12
equipment; expansion of public and private plants, includ-13
ing the land necessary therefor, and such lands and inter-14
ests therein, may be acquired, and construction prosecuted 15
thereon prior to approval of title; and procurement and 16
installation of equipment, appliances, and machine tools 17
in public and private plants; reserve plant and Govern-18
ment and contractor-owned equipment layaway, 19
$18,759,061,000, to remain available for obligation until 20
September 30, 2026. 21
W
EAPONSPROCUREMENT, NAVY 22
For construction, procurement, production, modifica-23
tion, and modernization of missiles, torpedoes, other weap-24
ons, and related support equipment including spare parts, 25 27
•S 2587 RS
and accessories therefor; expansion of public and private 1
plants, including the land necessary therefor, and such 2
lands and interests therein, may be acquired, and con-3
struction prosecuted thereon prior to approval of title; and 4
procurement and installation of equipment, appliances, 5
and machine tools in public and private plants; reserve 6
plant and Government and contractor-owned equipment 7
layaway, $6,124,220,000, to remain available for obliga-8
tion until September 30, 2026. 9
P
ROCUREMENT OF AMMUNITION, NAVY ANDMARINE 10
C
ORPS 11
For construction, procurement, production, and 12
modification of ammunition, and accessories therefor; spe-13
cialized equipment and training devices; expansion of pub-14
lic and private plants, including ammunition facilities, au-15
thorized by section 2854 of title 10, United States Code, 16
and the land necessary therefor, for the foregoing pur-17
poses, and such lands and interests therein, may be ac-18
quired, and construction prosecuted thereon prior to ap-19
proval of title; and procurement and installation of equip-20
ment, appliances, and machine tools in public and private 21
plants; reserve plant and Government and contractor- 22
owned equipment layaway; and other expenses necessary 23
for the foregoing purposes, $1,187,912,000, to remain 24
available for obligation until September 30, 2026. 25 28
•S 2587 RS
SHIPBUILDING ANDCONVERSION, NAVY 1
For expenses necessary for the construction, acquisi-2
tion, or conversion of vessels as authorized by law, includ-3
ing armor and armament thereof, plant equipment, appli-4
ances, and machine tools and installation thereof in public 5
and private plants; reserve plant and Government and con-6
tractor-owned equipment layaway; procurement of critical, 7
long lead time components and designs for vessels to be 8
constructed or converted in the future; and expansion of 9
public and private plants, including land necessary there-10
for, and such lands and interests therein, may be acquired, 11
and construction prosecuted thereon prior to approval of 12
title, as follows: 13
Columbia Class Submarine, $2,443,598,000; 14
Columbia Class Submarine (AP), 15
$3,390,734,000; 16
Carrier Replacement Program (CVN–80), 17
$1,115,296,000; 18
Carrier Replacement Program (CVN–81), 19
$800,492,000; 20
Virginia Class Submarine, $7,129,965,000; 21
Virginia Class Submarine (AP), 22
$3,158,782,000; 23
CVN Refueling Overhauls (AP), $488,446,000; 24
DDG–1000 Program, $410,400,000; 25 29
•S 2587 RS
DDG–51 Destroyer, $4,499,179,000; 1
DDG–51 Destroyer (AP), $1,641,335,000; 2
FFG–Frigate, $2,223,698,000; 3
LPD Flight II (AP), $500,000,000; 4
LHA Replacement, $1,830,149,000; 5
TAO Fleet Oiler, $815,420,000; 6
TAGOS Surtass Ship, $513,466,000; 7
LCU 1700, $62,532,000; 8
Service Craft, $93,815,000; 9
Auxiliary Personnel Lighter, $72,000,000; 10
LCAC SLEP, $15,286,000; 11
Auxiliary Vessels, $142,008,000; 12
For outfitting, post delivery, conversions, and 13
first destination transportation, $513,937,000; and 14
Completion of Prior Year Shipbuilding Pro-15
grams, $1,390,093,000. 16
In all: $33,250,631,000, to remain available for obli-17
gation until September 30, 2028: Provided, That addi-18
tional obligations may be incurred after September 30, 19
2028, for engineering services, tests, evaluations, and 20
other such budgeted work that must be performed in the 21
final stage of ship construction: Provided further, That 22
none of the funds provided under this heading for the con-23
struction or conversion of any naval vessel to be con-24
structed in shipyards in the United States shall be ex-25 30
•S 2587 RS
pended in foreign facilities for the construction of major 1
components of such vessel: Provided further, That none of 2
the funds provided under this heading shall be used for 3
the construction of any naval vessel in foreign shipyards: 4
Provided further, That funds appropriated or otherwise 5
made available by this Act for Columbia Class Submarine 6
(AP) may be available for the purposes authorized by sub-7
sections (f), (g), (h) or (i) of section 2218a of title 10, 8
United States Code, only in accordance with the provisions 9
of the applicable subsection. 10
O
THERPROCUREMENT, NAVY 11
For procurement, production, and modernization of 12
support equipment and materials not otherwise provided 13
for, Navy ordnance (except ordnance for new aircraft, new 14
ships, and ships authorized for conversion); the purchase 15
of passenger motor vehicles for replacement only; expan-16
sion of public and private plants, including the land nec-17
essary therefor, and such lands and interests therein, may 18
be acquired, and construction prosecuted thereon prior to 19
approval of title; and procurement and installation of 20
equipment, appliances, and machine tools in public and 21
private plants; reserve plant and Government and con-22
tractor-owned equipment layaway, $14,711,311,000, to 23
remain available for obligation until September 30, 2026: 24
Provided, That such funds are also available for the main-25 31
•S 2587 RS
tenance, repair, and modernization of ships under a pilot 1
program established for such purposes. 2
P
ROCUREMENT, MARINECORPS 3
For expenses necessary for the procurement, manu-4
facture, and modification of missiles, armament, military 5
equipment, spare parts, and accessories therefor; plant 6
equipment, appliances, and machine tools, and installation 7
thereof in public and private plants; reserve plant and 8
Government and contractor-owned equipment layaway; ve-9
hicles for the Marine Corps, including the purchase of pas-10
senger motor vehicles for replacement only; and expansion 11
of public and private plants, including land necessary 12
therefor, and such lands and interests therein, may be ac-13
quired, and construction prosecuted thereon prior to ap-14
proval of title, $3,957,695,000, to remain available for ob-15
ligation until September 30, 2026. 16
A
IRCRAFTPROCUREMENT, AIRFORCE 17
For construction, procurement, and modification of 18
aircraft and equipment, including armor and armament, 19
specialized ground handling equipment, and training de-20
vices, spare parts, and accessories therefor; specialized 21
equipment; expansion of public and private plants, Gov-22
ernment-owned equipment and installation thereof in such 23
plants, erection of structures, and acquisition of land, for 24
the foregoing purposes, and such lands and interests 25 32
•S 2587 RS
therein, may be acquired, and construction prosecuted 1
thereon prior to approval of title; reserve plant and Gov-2
ernment and contractor-owned equipment layaway; and 3
other expenses necessary for the foregoing purposes in-4
cluding rents and transportation of things, 5
$20,114,772,000, to remain available for obligation until 6
September 30, 2026. 7
M
ISSILEPROCUREMENT, AIRFORCE 8
For construction, procurement, and modification of 9
missiles, rockets, and related equipment, including spare 10
parts and accessories therefor; ground handling equip-11
ment, and training devices; expansion of public and pri-12
vate plants, Government-owned equipment and installa-13
tion thereof in such plants, erection of structures, and ac-14
quisition of land, for the foregoing purposes, and such 15
lands and interests therein, may be acquired, and con-16
struction prosecuted thereon prior to approval of title; re-17
serve plant and Government and contractor-owned equip-18
ment layaway; and other expenses necessary for the fore-19
going purposes including rents and transportation of 20
things, $5,590,622,000, to remain available for obligation 21
until September 30, 2026. 22
P
ROCUREMENT OF AMMUNITION, AIRFORCE 23
For construction, procurement, production, and 24
modification of ammunition, and accessories therefor; spe-25 33
•S 2587 RS
cialized equipment and training devices; expansion of pub-1
lic and private plants, including ammunition facilities, au-2
thorized by section 2854 of title 10, United States Code, 3
and the land necessary therefor, for the foregoing pur-4
poses, and such lands and interests therein, may be ac-5
quired, and construction prosecuted thereon prior to ap-6
proval of title; and procurement and installation of equip-7
ment, appliances, and machine tools in public and private 8
plants; reserve plant and Government and contractor- 9
owned equipment layaway; and other expenses necessary 10
for the foregoing purposes, $636,579,000, to remain avail-11
able for obligation until September 30, 2026. 12
O
THERPROCUREMENT, AIRFORCE 13
For procurement and modification of equipment (in-14
cluding ground guidance and electronic control equipment, 15
and ground electronic and communication equipment), 16
and supplies, materials, and spare parts therefor, not oth-17
erwise provided for; the purchase of passenger motor vehi-18
cles for replacement only; lease of passenger motor vehi-19
cles; and expansion of public and private plants, Govern-20
ment-owned equipment and installation thereof in such 21
plants, erection of structures, and acquisition of land, for 22
the foregoing purposes, and such lands and interests 23
therein, may be acquired, and construction prosecuted 24
thereon, prior to approval of title; reserve plant and Gov-25 34
•S 2587 RS
ernment and contractor-owned equipment layaway, 1
$30,397,452,000, to remain available for obligation until 2
September 30, 2026. 3
P
ROCUREMENT, SPACEFORCE 4
For construction, procurement, and modification of 5
spacecraft, rockets, and related equipment, including 6
spare parts and accessories therefor; ground handling 7
equipment, and training devices; expansion of public and 8
private plants, Government-owned equipment and installa-9
tion thereof in such plants, erection of structures, and ac-10
quisition of land, for the foregoing purposes, and such 11
lands and interests therein, may be acquired, and con-12
struction prosecuted thereon prior to approval of title; re-13
serve plant and Government and contractor-owned equip-14
ment layaway; and other expenses necessary for the fore-15
going purposes including rents and transportation of 16
things, $4,034,798,000, to remain available for obligation 17
until September 30, 2026. 18
P
ROCUREMENT, DEFENSE-WIDE 19
For expenses of activities and agencies of the Depart-20
ment of Defense (other than the military departments) 21
necessary for procurement, production, and modification 22
of equipment, supplies, materials, and spare parts there-23
for, not otherwise provided for; the purchase of passenger 24
motor vehicles for replacement only; expansion of public 25 35
•S 2587 RS
and private plants, equipment, and installation thereof in 1
such plants, erection of structures, and acquisition of land 2
for the foregoing purposes, and such lands and interests 3
therein, may be acquired, and construction prosecuted 4
thereon prior to approval of title; reserve plant and Gov-5
ernment and contractor-owned equipment layaway, 6
$6,059,196,000, to remain available for obligation until 7
September 30, 2026. 8
D
EFENSEPRODUCTIONACTPURCHASES 9
For activities by the Department of Defense pursuant 10
to sections 108, 301, 302, and 303 of the Defense Produc-11
tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 12
$431,212,000, to remain available until expended, which 13
shall be obligated and expended by the Secretary of De-14
fense as if delegated the necessary authorities conferred 15
by the Defense Production Act of 1950. 16
N
ATIONALGUARD ANDRESERVEEQUIPMENTACCOUNT 17
For procurement of rotary-wing aircraft; combat, tac-18
tical and support vehicles; other weapons; and other pro-19
curement items for the reserve components of the Armed 20
Forces, $850,000,000, to remain available for obligation 21
until September 30, 2026: Provided, That the Chiefs of 22
National Guard and Reserve components shall, not later 23
than 30 days after enactment of this Act, individually sub-24
mit to the congressional defense committees the mod-25 36
•S 2587 RS
ernization priority assessment for their respective Na-1
tional Guard or Reserve component: Provided further, 2
That none of the funds made available by this paragraph 3
may be used to procure manned fixed wing aircraft, or 4
procure or modify missiles, munitions, or ammunition. 5 37
•S 2587 RS
TITLE IV 1
RESEARCH, DEVELOPMENT, TEST AND 2
EVALUATION 3
R
ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 4
A
RMY 5
For expenses necessary for basic and applied sci-6
entific research, development, test and evaluation, includ-7
ing maintenance, rehabilitation, lease, and operation of fa-8
cilities and equipment, $15,893,354,000, to remain avail-9
able for obligation until September 30, 2025. 10
R
ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 11
N
AVY 12
For expenses necessary for basic and applied sci-13
entific research, development, test and evaluation, includ-14
ing maintenance, rehabilitation, lease, and operation of fa-15
cilities and equipment, $26,362,009,000, to remain avail-16
able for obligation until September 30, 2025: Provided, 17
That funds appropriated in this paragraph which are 18
available for the V–22 may be used to meet unique oper-19
ational requirements of the Special Operations Forces. 20
R
ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 21
A
IRFORCE 22
For expenses necessary for basic and applied sci-23
entific research, development, test and evaluation, includ-24
ing maintenance, rehabilitation, lease, and operation of fa-25 38
•S 2587 RS
cilities and equipment, $45,675,802,000, to remain avail-1
able for obligation until September 30, 2025. 2
R
ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 3
S
PACEFORCE 4
For expenses necessary for basic and applied sci-5
entific research, development, test and evaluation, includ-6
ing maintenance, rehabilitation, lease, and operation of fa-7
cilities and equipment, $18,842,930,000, to remain avail-8
able until September 30, 2025. 9
R
ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 10
D
EFENSE-WIDE 11
For expenses of activities and agencies of the Depart-12
ment of Defense (other than the military departments), 13
necessary for basic and applied scientific research, devel-14
opment, test and evaluation; advanced research projects 15
as may be designated and determined by the Secretary 16
of Defense, pursuant to law; maintenance, rehabilitation, 17
lease, and operation of facilities and equipment, 18
$36,271,140,000, to remain available for obligation until 19
September 30, 2025. 20
O
PERATIONALTEST ANDEVALUATION, DEFENSE 21
For expenses, not otherwise provided for, necessary 22
for the independent activities of the Director, Operational 23
Test and Evaluation, in the direction and supervision of 24
operational test and evaluation, including initial oper-25 39
•S 2587 RS
ational test and evaluation which is conducted prior to, 1
and in support of, production decisions; joint operational 2
testing and evaluation; and administrative expenses in 3
connection therewith, $337,489,000, to remain available 4
for obligation until September 30, 2025. 5
TITLE V 6
REVOLVING AND MANAGEMENT FUNDS 7
D
EFENSEWORKINGCAPITALFUNDS 8
For the Defense Working Capital Funds, 9
$1,795,079,000. 10 40
•S 2587 RS
TITLE VI 1
OTHER DEPARTMENT OF DEFENSE PROGRAMS 2
D
EFENSEHEALTHPROGRAM 3
For expenses, not otherwise provided for, for medical 4
and health care programs of the Department of Defense 5
as authorized by law, $39,085,201,000; of which 6
$36,774,417,000 shall be for operation and maintenance, 7
of which not to exceed one percent shall remain available 8
for obligation until September 30, 2025, and of which up 9
to $19,776,328,000 may be available for contracts entered 10
into under the TRICARE program; of which 11
$353,811,000, to remain available for obligation until Sep-12
tember 30, 2026, shall be for procurement; and of which 13
$1,956,973,000, to remain available for obligation until 14
September 30, 2025, shall be for research, development, 15
test and evaluation: Provided, That of the funds provided 16
under this heading for research, development, test and 17
evaluation, not less than $864,500,000 shall be made 18
available to the Defense Health Agency to carry out the 19
congressionally directed medical research programs. 20
C
HEMICALAGENTS ANDMUNITIONSDESTRUCTION, 21
D
EFENSE 22
For expenses, not otherwise provided for, necessary 23
for the destruction of the United States stockpile of lethal 24
chemical agents and munitions in accordance with the pro-25 41
•S 2587 RS
visions of section 1412 of the Department of Defense Au-1
thorization Act, 1986 (50 U.S.C. 1521), and for the de-2
struction of other chemical warfare materials that are not 3
in the chemical weapon stockpile, $1,091,844,000, of 4
which $89,284,000 shall be for operation and mainte-5
nance, of which not less than $57,875,000 shall be for 6
the Chemical Stockpile Emergency Preparedness Pro-7
gram, consisting of $23,676,000 for activities on military 8
installations and $34,199,000, to remain available until 9
September 30, 2025, to assist State and local govern-10
ments; and $1,002,560,000, to remain available until Sep-11
tember 30, 2025, shall be for research, development, test 12
and evaluation, of which $1,000,467,000 shall only be for 13
the Assembled Chemical Weapons Alternatives program. 14
D
RUGINTERDICTION AND COUNTER-DRUGACTIVITIES, 15
D
EFENSE 16
(INCLUDING TRANSFER OF FUNDS) 17
For drug interdiction and counter-drug activities of 18
the Department of Defense, for transfer to appropriations 19
available to the Department of Defense for military per-20
sonnel of the reserve components serving under the provi-21
sions of title 10 and title 32, United States Code; for oper-22
ation and maintenance; for procurement; and for research, 23
development, test and evaluation, $994,490,000, of which 24
$622,593,000 shall be for counter-narcotics support; 25 42
•S 2587 RS
$134,313,000 shall be for the drug demand reduction pro-1
gram; $211,591,000 shall be for the National Guard 2
counter-drug program; and $25,993,000 shall be for the 3
National Guard counter-drug schools program: Provided, 4
That the funds appropriated under this heading shall be 5
available for obligation for the same time period and for 6
the same purpose as the appropriation to which trans-7
ferred: Provided further, That upon a determination that 8
all or part of the funds transferred from this appropriation 9
are not necessary for the purposes provided herein, such 10
amounts may be transferred back to this appropriation: 11
Provided further, That the transfer authority provided 12
under this heading is in addition to any other transfer au-13
thority contained elsewhere in this Act. 14
O
FFICE OF THEINSPECTORGENERAL 15
For expenses and activities of the Office of the In-16
spector General in carrying out the provisions of the In-17
spector General Act of 1978, as amended, $525,365,000, 18
of which $520,867,000 shall be for operation and mainte-19
nance, of which not to exceed $700,000 is available for 20
emergencies and extraordinary expenses to be expended 21
upon the approval or authority of the Inspector General, 22
and payments may be made upon the Inspector General’s 23
certificate of necessity for confidential military purposes; 24
of which $1,098,000, to remain available for obligation 25 43
•S 2587 RS
until September 30, 2026, shall be for procurement; and 1
of which $3,400,000, to remain available until September 2
30, 2025, shall be for research, development, test and eval-3
uation. 4 44
•S 2587 RS
TITLE VII 1
RELATED AGENCIES 2
C
ENTRALINTELLIGENCEAGENCYRETIREMENT AND 3
D
ISABILITYSYSTEMFUND 4
For payment to the Central Intelligence Agency Re-5
tirement and Disability System Fund, to maintain the 6
proper funding level for continuing the operation of the 7
Central Intelligence Agency Retirement and Disability 8
System, $514,000,000. 9
I
NTELLIGENCECOMMUNITYMANAGEMENTACCOUNT 10
For necessary expenses of the Intelligence Commu-11
nity Management Account, $601,442,000. 12 45
•S 2587 RS
TITLE VIII 1
GENERAL PROVISIONS 2
S
EC. 8001. No part of any appropriation contained 3
in this Act shall be used for publicity or propaganda pur-4
poses not authorized by the Congress. 5
S
EC. 8002. During the current fiscal year, provisions 6
of law prohibiting the payment of compensation to, or em-7
ployment of, any person not a citizen of the United States 8
shall not apply to personnel of the Department of Defense: 9
Provided, That salary increases granted to direct and indi-10
rect hire foreign national employees of the Department of 11
Defense funded by this Act shall not be at a rate in excess 12
of the percentage increase authorized by law for civilian 13
employees of the Department of Defense whose pay is 14
computed under the provisions of section 5332 of title 5, 15
United States Code, or at a rate in excess of the percent-16
age increase provided by the appropriate host nation to 17
its own employees, whichever is higher: Provided further, 18
That this section shall not apply to Department of De-19
fense foreign service national employees serving at United 20
States diplomatic missions whose pay is set by the Depart-21
ment of State under the Foreign Service Act of 1980: Pro-22
vided further, That the limitations of this provision shall 23
not apply to foreign national employees of the Department 24
of Defense in the Republic of Turkey. 25 46
•S 2587 RS
SEC. 8003. No part of any appropriation contained 1
in this Act shall remain available for obligation beyond 2
the current fiscal year, unless expressly so provided herein. 3
S
EC. 8004. No more than 20 percent of the appro-4
priations in this Act which are limited for obligation dur-5
ing the current fiscal year shall be obligated during the 6
last 2 months of the fiscal year: Provided, That this sec-7
tion shall not apply to obligations for support of active 8
duty training of reserve components or summer camp 9
training of the Reserve Officers’ Training Corps. 10
(TRANSFER OF FUNDS) 11
S
EC. 8005. Upon determination by the Secretary of 12
Defense that such action is necessary in the national inter-13
est, the Secretary may, with the approval of the Director 14
of the Office of Management and Budget, transfer not to 15
exceed $6,000,000,000 of working capital funds of the De-16
partment of Defense or funds made available in this Act 17
to the Department of Defense for military functions (ex-18
cept military construction) between such appropriations or 19
funds or any subdivision thereof, to be merged with and 20
to be available for the same purposes, and for the same 21
time period, as the appropriation or fund to which trans-22
ferred: Provided, That such authority to transfer may not 23
be used unless for higher priority items, based on unfore-24
seen military requirements, than those for which originally 25 47
•S 2587 RS
appropriated and in no case where the item for which 1
funds are requested has been denied by the Congress: Pro-2
vided further, That the Secretary of Defense shall notify 3
the Congress promptly of all transfers made pursuant to 4
this authority or any other authority in this Act: Provided 5
further, That no part of the funds in this Act shall be 6
available to prepare or present a request to the Commit-7
tees on Appropriations of the House of Representatives 8
and the Senate for reprogramming of funds, unless for 9
higher priority items, based on unforeseen military re-10
quirements, than those for which originally appropriated 11
and in no case where the item for which reprogramming 12
is requested has been denied by the Congress: Provided 13
further, That a request for multiple reprogrammings of 14
funds using authority provided in this section shall be 15
made prior to June 30, 2024: Provided further, That 16
transfers among military personnel appropriations shall 17
not be taken into account for purposes of the limitation 18
on the amount of funds that may be transferred under 19
this section. 20
S
EC. 8006. (a) With regard to the list of specific pro-21
grams, projects, and activities (and the dollar amounts 22
and adjustments to budget activities corresponding to 23
such programs, projects, and activities) contained in the 24
tables titled ‘‘Committee Recommended Adjustments’’ in 25 48
•S 2587 RS
the report accompanying this Act and the tables contained 1
in the classified annex accompanying this Act, the obliga-2
tion and expenditure of amounts appropriated or other-3
wise made available in this Act for those programs, 4
projects, and activities for which the amounts appro-5
priated exceed the amounts requested are hereby required 6
by law to be carried out in the manner provided by such 7
tables to the same extent as if the tables were included 8
in the text of this Act. 9
(b) Amounts specified in the referenced tables de-10
scribed in subsection (a) shall not be treated as subdivi-11
sions of appropriations for purposes of section 8005 of this 12
Act: Provided, That section 8005 of this Act shall apply 13
when transfers of the amounts described in subsection (a) 14
occur between appropriation accounts, subject to the limi-15
tation in subsection (c): Provided further, That the trans-16
fer amount limitation provided in section 8005 of this Act 17
shall not apply to transfers of amounts described in sub-18
section (a) if such transfers are necessary for the proper 19
execution of such funds. 20
(c) During the current fiscal year, amounts specified 21
in the referenced tables described in subsection (a) may 22
not be transferred pursuant to section 8005 of this Act 23
other than for proper execution of such amounts, as pro-24
vided in subsection (b). 25 49
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SEC. 8007. (a) Not later than 60 days after enact-1
ment of this Act, the Department of Defense shall submit 2
a report to the congressional defense committees to estab-3
lish the baseline for application of reprogramming and 4
transfer authorities for fiscal year 2024: Provided, That 5
the report shall include— 6
(1) a table for each appropriation with a sepa-7
rate column to display the President’s budget re-8
quest, adjustments made by Congress, adjustments 9
due to enacted rescissions, if appropriate, and the 10
fiscal year enacted level; 11
(2) a delineation in the table for each appro-12
priation both by budget activity and program, 13
project, and activity as detailed in the Budget Ap-14
pendix; and 15
(3) an identification of items of special congres-16
sional interest. 17
(b) Notwithstanding section 8005 of this Act, none 18
of the funds provided in this Act shall be available for 19
reprogramming or transfer until the report identified in 20
subsection (a) is submitted to the congressional defense 21
committees, unless the Secretary of Defense certifies in 22
writing to the congressional defense committees that such 23
reprogramming or transfer is necessary as an emergency 24
requirement: Provided, That this subsection shall not 25 50
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apply to transfers from the following appropriations ac-1
counts: 2
(1) ‘‘Environmental Restoration, Army’’; 3
(2) ‘‘Environmental Restoration, Navy’’; 4
(3) ‘‘Environmental Restoration, Air Force’’; 5
(4) ‘‘Environmental Restoration, Defense- 6
Wide’’; 7
(5) ‘‘Environmental Restoration, Formerly 8
Used Defense Sites’’; and 9
(6) ‘‘Drug Interdiction and Counter-drug Ac-10
tivities, Defense’’. 11
(TRANSFER OF FUNDS) 12
S
EC. 8008. During the current fiscal year, cash bal-13
ances in working capital funds of the Department of De-14
fense established pursuant to section 2208 of title 10, 15
United States Code, may be maintained in only such 16
amounts as are necessary at any time for cash disburse-17
ments to be made from such funds: Provided, That trans-18
fers may be made between such funds: Provided further, 19
That transfers may be made between working capital 20
funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 21
appropriation and the ‘‘Operation and Maintenance’’ ap-22
propriation accounts in such amounts as may be deter-23
mined by the Secretary of Defense, with the approval of 24
the Director of the Office of Management and Budget, ex-25 51
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cept that such transfers may not be made unless the Sec-1
retary of Defense has notified the Congress of the pro-2
posed transfer: Provided further, That except in amounts 3
equal to the amounts appropriated to working capital 4
funds in this Act, no obligations may be made against a 5
working capital fund to procure or increase the value of 6
war reserve material inventory, unless the Secretary of 7
Defense has notified the Congress prior to any such obli-8
gation. 9
S
EC. 8009. Funds appropriated by this Act may not 10
be used to initiate a special access program without prior 11
notification 30 calendar days in advance to the congres-12
sional defense committees. 13
S
EC. 8010. None of the funds provided in this Act 14
shall be available to initiate: (1) a multiyear contract that 15
employs economic order quantity procurement in excess of 16
$20,000,000 in any one year of the contract or that in-17
cludes an unfunded contingent liability in excess of 18
$20,000,000; or (2) a contract for advance procurement 19
leading to a multiyear contract that employs economic 20
order quantity procurement in excess of $20,000,000 in 21
any one year, unless the congressional defense committees 22
have been notified at least 30 days in advance of the pro-23
posed contract award: Provided, That no part of any ap-24
propriation contained in this Act shall be available to ini-25 52
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tiate a multiyear contract for which the economic order 1
quantity advance procurement is not funded at least to 2
the limits of the Government’s liability: Provided further, 3
That no part of any appropriation contained in this Act 4
shall be available to initiate multiyear procurement con-5
tracts for any systems or component thereof if the value 6
of the multiyear contract would exceed $500,000,000 un-7
less specifically provided in this Act: Provided further, 8
That no multiyear procurement contract can be termi-9
nated without 30-day prior notification to the congres-10
sional defense committees: Provided further, That the exe-11
cution of multiyear authority shall require the use of a 12
present value analysis to determine lowest cost compared 13
to an annual procurement: Provided further, That none of 14
the funds provided in this Act may be used for a multiyear 15
contract executed after the date of the enactment of this 16
Act unless in the case of any such contract— 17
(1) the Secretary of Defense has submitted to 18
Congress a budget request for full funding of units 19
to be procured through the contract and, in the case 20
of a contract for procurement of aircraft, that in-21
cludes, for any aircraft unit to be procured through 22
the contract for which procurement funds are re-23
quested in that budget request for production be-24
yond advance procurement activities in the fiscal 25 53
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year covered by the budget, full funding of procure-1
ment of such unit in that fiscal year; 2
(2) cancellation provisions in the contract do 3
not include consideration of recurring manufacturing 4
costs of the contractor associated with the produc-5
tion of unfunded units to be delivered under the con-6
tract; 7
(3) the contract provides that payments to the 8
contractor under the contract shall not be made in 9
advance of incurred costs on funded units; and 10
(4) the contract does not provide for a price ad-11
justment based on a failure to award a follow-on 12
contract. 13
Funds appropriated in title III of this Act may be 14
used for a multiyear procurement contract as follows: 15
Naval Strike Missile; Guided Multiple Launch Rocket Sys-16
tem; Patriot Advanced Capability 3 Missile Segment En-17
hancement; Long Range Anti-Ship Missile; Joint Air-to- 18
Surface Standoff Missile; Advanced Medium-Range Air- 19
to-Air Missile; Standard Missile–6; and 10 SSN Virginia 20
Class Submarines and Government-furnished equipment. 21
S
EC. 8011. Within the funds appropriated for the op-22
eration and maintenance of the Armed Forces, funds are 23
hereby appropriated pursuant to section 401 of title 10, 24
United States Code, for humanitarian and civic assistance 25 54
•S 2587 RS
costs under chapter 20 of title 10, United States Code: 1
Provided, That such funds may also be obligated for hu-2
manitarian and civic assistance costs incidental to author-3
ized operations and pursuant to authority granted in sec-4
tion 401 of title 10, United States Code, and these obliga-5
tions shall be reported as required by section 401(d) of 6
title 10, United States Code: Provided further, That funds 7
available for operation and maintenance shall be available 8
for providing humanitarian and similar assistance by 9
using Civic Action Teams in the Trust Territories of the 10
Pacific Islands and freely associated states of Micronesia, 11
pursuant to the Compact of Free Association as author-12
ized by Public Law 99–239: Provided further, That upon 13
a determination by the Secretary of the Army that such 14
action is beneficial for graduate medical education pro-15
grams conducted at Army medical facilities located in Ha-16
waii, the Secretary of the Army may authorize the provi-17
sion of medical services at such facilities and transpor-18
tation to such facilities, on a nonreimbursable basis, for 19
civilian patients from American Samoa, the Common-20
wealth of the Northern Mariana Islands, the Marshall Is-21
lands, the Federated States of Micronesia, Palau, and 22
Guam. 23
S
EC. 8012. (a) During the current fiscal year, the 24
civilian personnel of the Department of Defense may not 25 55
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be managed on the basis of any constraint or limitation 1
in terms of man years, end strength, full-time equivalent 2
positions, or maximum number of employees, but are to 3
be managed solely on the basis of, and in a manner con-4
sistent with— 5
(1) the total force management policies and 6
procedures established under section 129a of title 7
10, United States Code; 8
(2) the workload required to carry out the func-9
tions and activities of the Department; and 10
(3) the funds made available to the Department 11
for such fiscal year. 12
(b) None of the funds appropriated by this Act may 13
be used to reduce the civilian workforce programmed full 14
time equivalent levels absent the appropriate analysis of 15
the impact of these reductions on workload, military force 16
structure, lethality, readiness, operational effectiveness, 17
stress on the military force, and fully burdened costs. 18
(c) A projection of the number of full-time equivalent 19
positions shall not be considered a constraint or limitation 20
for purposes of subsection (a) and reducing funding for 21
under-execution of such a projection shall not be consid-22
ered managing based on a constraint or limitation for pur-23
poses of such subsection. 24 56
•S 2587 RS
(d) The fiscal year 2025 budget request for the De-1
partment of Defense, and any justification material and 2
other documentation supporting such a request, shall be 3
prepared and submitted to Congress as if subsections (a) 4
and (b) were effective with respect to such fiscal year. 5
(e) Nothing in this section shall be construed to apply 6
to military (civilian) technicians. 7
S
EC. 8013. None of the funds made available by this 8
Act shall be used in any way, directly or indirectly, to in-9
fluence congressional action on any legislation or appro-10
priation matters pending before the Congress. 11
S
EC. 8014. None of the funds available in this Act 12
to the Department of Defense, other than appropriations 13
made for necessary or routine refurbishments, upgrades, 14
or maintenance activities, shall be used to reduce or to 15
prepare to reduce the number of deployed and non-de-16
ployed strategic delivery vehicles and launchers below the 17
levels set forth in the report submitted to Congress in ac-18
cordance with section 1042 of the National Defense Au-19
thorization Act for Fiscal Year 2012. 20
(TRANSFER OF FUNDS) 21
S
EC. 8015. (a) Funds appropriated in title III of this 22
Act for the Department of Defense Pilot Mentor-Prote´ge´ 23
Program may be transferred to any other appropriation 24
contained in this Act solely for the purpose of imple-25 57
•S 2587 RS
menting a Mentor-Prote´ge´Program developmental assist-1
ance agreement pursuant to section 4902 of title 10, 2
United States Code, under the authority of this provision 3
or any other transfer authority contained in this Act. 4
(b) The Secretary of Defense shall include with the 5
budget justification documents in support of the budget 6
for fiscal year 2025 (as submitted to Congress pursuant 7
to section 1105 of title 31, United States Code) a descrip-8
tion of each transfer under this section that occurred dur-9
ing the last fiscal year before the fiscal year in which such 10
budget is submitted. 11
S
EC. 8016. None of the funds in this Act may be 12
available for the purchase by the Department of Defense 13
(and its departments and agencies) of welded shipboard 14
anchor and mooring chain unless the anchor and mooring 15
chain are manufactured in the United States from compo-16
nents which are substantially manufactured in the United 17
States: Provided, That for the purpose of this section, the 18
term ‘‘manufactured’’ shall include cutting, heat treating, 19
quality control, testing of chain and welding (including the 20
forging and shot blasting process): Provided further, That 21
for the purpose of this section substantially all of the com-22
ponents of anchor and mooring chain shall be considered 23
to be produced or manufactured in the United States if 24
the aggregate cost of the components produced or manu-25 58
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factured in the United States exceeds the aggregate cost 1
of the components produced or manufactured outside the 2
United States: Provided further, That when adequate do-3
mestic supplies are not available to meet Department of 4
Defense requirements on a timely basis, the Secretary of 5
the Service responsible for the procurement may waive this 6
restriction on a case-by-case basis by certifying in writing 7
to the Committees on Appropriations of the House of Rep-8
resentatives and the Senate that such an acquisition must 9
be made in order to acquire capability for national security 10
purposes. 11
S
EC. 8017. None of the funds appropriated by this 12
Act shall be used for the support of any nonappropriated 13
funds activity of the Department of Defense that procures 14
malt beverages and wine with nonappropriated funds for 15
resale (including such alcoholic beverages sold by the 16
drink) on a military installation located in the United 17
States unless such malt beverages and wine are procured 18
within that State, or in the case of the District of Colum-19
bia, within the District of Columbia, in which the military 20
installation is located: Provided, That, in a case in which 21
the military installation is located in more than one State, 22
purchases may be made in any State in which the installa-23
tion is located: Provided further, That such local procure-24
ment requirements for malt beverages and wine shall 25 59
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apply to all alcoholic beverages only for military installa-1
tions in States which are not contiguous with another 2
State: Provided further, That alcoholic beverages other 3
than wine and malt beverages, in contiguous States and 4
the District of Columbia shall be procured from the most 5
competitive source, price and other factors considered. 6
S
EC. 8018. None of the funds available to the De-7
partment of Defense may be used to demilitarize or dis-8
pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 9
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 10
to demilitarize or destroy small arms ammunition or am-11
munition components that are not otherwise prohibited 12
from commercial sale under Federal law, unless the small 13
arms ammunition or ammunition components are certified 14
by the Secretary of the Army or designee as unserviceable 15
or unsafe for further use. 16
S
EC. 8019. No more than $500,000 of the funds ap-17
propriated or made available in this Act shall be used dur-18
ing a single fiscal year for any single relocation of an orga-19
nization, unit, activity or function of the Department of 20
Defense into or within the National Capital Region: Pro-21
vided, That the Secretary of Defense may waive this re-22
striction on a case-by-case basis by certifying in writing 23
to the congressional defense committees that such a relo-24
cation is required in the best interest of the Government. 25 60
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SEC. 8020. Of the funds made available in this Act 1
under the heading ‘‘Procurement, Defense-Wide’’, 2
$25,169,000 shall be available only for incentive payments 3
authorized by section 504 of the Indian Financing Act of 4
1974 (25 U.S.C. 1544): Provided, That a prime contractor 5
or a subcontractor at any tier that makes a subcontract 6
award to any subcontractor or supplier as defined in sec-7
tion 1544 of title 25, United States Code, or a small busi-8
ness owned and controlled by an individual or individuals 9
defined under section 4221(9) of title 25, United States 10
Code, shall be considered a contractor for the purposes 11
of being allowed additional compensation under section 12
504 of the Indian Financing Act of 1974 (25 U.S.C. 13
1544) whenever the prime contract or subcontract amount 14
is over $500,000 and involves the expenditure of funds 15
appropriated by an Act making appropriations for the De-16
partment of Defense with respect to any fiscal year: Pro-17
vided further, That notwithstanding section 1906 of title 18
41, United States Code, this section shall be applicable 19
to any Department of Defense acquisition of supplies or 20
services, including any contract and any subcontract at 21
any tier for acquisition of commercial items produced or 22
manufactured, in whole or in part, by any subcontractor 23
or supplier defined in section 1544 of title 25, United 24
States Code, or a small business owned and controlled by 25 61
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an individual or individuals defined under section 4221(9) 1
of title 25, United States Code. 2
S
EC. 8021. (a) Notwithstanding any other provision 3
of law, the Secretary of the Air Force may convey at no 4
cost to the Air Force, without consideration, to Indian 5
tribes located in the States of Nevada, Idaho, North Da-6
kota, South Dakota, Montana, Oregon, Minnesota, and 7
Washington relocatable military housing units located at 8
Grand Forks Air Force Base, Malmstrom Air Force Base, 9
Mountain Home Air Force Base, Ellsworth Air Force 10
Base, and Minot Air Force Base that are excess to the 11
needs of the Air Force. 12
(b) The Secretary of the Air Force shall convey, at 13
no cost to the Air Force, military housing units under sub-14
section (a) in accordance with the request for such units 15
that are submitted to the Secretary by the Operation 16
Walking Shield Program on behalf of Indian tribes located 17
in the States of Nevada, Idaho, North Dakota, South Da-18
kota, Montana, Oregon, Minnesota, and Washington. Any 19
such conveyance shall be subject to the condition that the 20
housing units shall be removed within a reasonable period 21
of time, as determined by the Secretary. 22
(c) The Operation Walking Shield Program shall re-23
solve any conflicts among requests of Indian tribes for 24
housing units under subsection (a) before submitting re-25 62
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quests to the Secretary of the Air Force under subsection 1
(b). 2
(d) In this section, the term ‘‘Indian tribe’’ means 3
any recognized Indian tribe included on the current list 4
published by the Secretary of the Interior under section 5
104 of the Federally Recognized Indian Tribe Act of 1994 6
(Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 7
S
EC. 8022. Of the funds appropriated to the Depart-8
ment of Defense under the heading ‘‘Operation and Main-9
tenance, Defense-Wide’’, not less than $12,000,000 may 10
be made available only for the mitigation of environmental 11
impacts, including training and technical assistance to 12
tribes, related administrative support, the gathering of in-13
formation, documenting of environmental damage, and de-14
veloping a system for prioritization of mitigation and cost 15
to complete estimates for mitigation, on Indian lands re-16
sulting from Department of Defense activities. 17
S
EC. 8023. Funds appropriated by this Act for the 18
Defense Media Activity shall not be used for any national 19
or international political or psychological activities. 20
S
EC. 8024. Of the amounts appropriated for ‘‘Work-21
ing Capital Fund, Army’’, $120,000,000 shall be available 22
to maintain competitive rates at the arsenals. 23 63
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SEC. 8025. (a) Of the funds made available in this 1
Act, not less than $69,000,000 shall be available for the 2
Civil Air Patrol Corporation, of which— 3
(1) $55,100,000 shall be available from ‘‘Oper-4
ation and Maintenance, Air Force’’ to support Civil 5
Air Patrol Corporation operation and maintenance, 6
readiness, counter-drug activities, and drug demand 7
reduction activities involving youth programs; 8
(2) $11,900,000 shall be available from ‘‘Air-9
craft Procurement, Air Force’’; and 10
(3) $2,000,000 shall be available from ‘‘Other 11
Procurement, Air Force’’ for vehicle procurement. 12
(b) The Secretary of the Air Force should waive reim-13
bursement for any funds used by the Civil Air Patrol for 14
counter-drug activities in support of Federal, State, and 15
local government agencies. 16
S
EC. 8026. (a) None of the funds appropriated in this 17
Act are available to establish a new Department of De-18
fense (department) federally funded research and develop-19
ment center (FFRDC), either as a new entity, or as a 20
separate entity administrated by an organization man-21
aging another FFRDC, or as a nonprofit membership cor-22
poration consisting of a consortium of other FFRDCs and 23
other nonprofit entities. 24 64
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(b) Except when acting in a technical advisory capac-1
ity, no member of a Board of Directors, Trustees, Over-2
seers, Advisory Group, Special Issues Panel, Visiting Com-3
mittee, or any similar entity of a defense FFRDC, or any 4
entity that contracts with the Federal government to man-5
age or operate one or more FFRDCs, or any paid consult-6
ant to a defense FFRDC shall receive funds appropriated 7
by this Act as compensation for services as a member of 8
such entity: Provided, That a member of any such entity 9
shall be allowed travel expenses and per diem as author-10
ized under the Federal Joint Travel Regulations, when en-11
gaged in the performance of membership duties: Provided 12
further, That no paid consultant shall receive funds appro-13
priated by this Act as compensation by more than one 14
FFRDC in a calendar year. 15
(c) Notwithstanding any other provision of law, none 16
of the funds available to the department from any source 17
during the current fiscal year may be used by a defense 18
FFRDC, through a fee or other payment mechanism, for 19
construction of new buildings not located on a military in-20
stallation, for payment of cost sharing for projects funded 21
by Government grants, for absorption of contract over-22
runs, or for certain charitable contributions, not to include 23
employee participation in community service and/or devel-24
opment. 25 65
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(d) Notwithstanding any other provision of law, of 1
the funds available to the department during fiscal year 2
2024, not more than $2,857,803,000 may be funded for 3
professional technical staff-related costs of the defense 4
FFRDCs: Provided, That within such funds, not more 5
than $456,803,000 shall be available for the defense stud-6
ies and analysis FFRDCs: Provided further, That this sub-7
section shall not apply to staff years funded in the Na-8
tional Intelligence Program and the Military Intelligence 9
Program: Provided further, That the Secretary of Defense 10
shall, with the submission of the department’s fiscal year 11
2025 budget request, submit a report presenting the spe-12
cific amounts of staff years of technical effort to be allo-13
cated for each defense FFRDC by program during that 14
fiscal year and the associated budget estimates, by appro-15
priation account and program. 16
(e) Notwithstanding any other provision of this Act, 17
the total amount appropriated in this Act for FFRDCs 18
is hereby reduced by $27,197,000: Provided, That this 19
subsection shall not apply to appropriations for the Na-20
tional Intelligence Program and Military Intelligence Pro-21
gram. 22
S
EC. 8027. For the purposes of this Act, the term 23
‘‘congressional defense committees’’ means the Armed 24
Services Committee of the House of Representatives, the 25 66
•S 2587 RS
Armed Services Committee of the Senate, the Sub-1
committee on Defense of the Committee on Appropriations 2
of the House of Representatives, and the Subcommittee 3
on Defense of the Committee on Appropriations of the 4
Senate. 5
S
EC. 8028. For the purposes of this Act, the term 6
‘‘congressional intelligence committees’’ means the Perma-7
nent Select Committee on Intelligence of the House of 8
Representatives, the Select Committee on Intelligence of 9
the Senate, the Subcommittee on Defense of the Com-10
mittee on Appropriations of the House of Representatives, 11
and the Subcommittee on Defense of the Committee on 12
Appropriations of the Senate. 13
S
EC. 8029. During the current fiscal year, the De-14
partment of Defense may acquire the modification, depot 15
maintenance and repair of aircraft, vehicles and vessels 16
as well as the production of components and other De-17
fense-related articles, through competition between De-18
partment of Defense depot maintenance activities and pri-19
vate firms: Provided, That the Senior Acquisition Execu-20
tive of the military department or Defense Agency con-21
cerned, with power of delegation, shall certify that success-22
ful bids include comparable estimates of all direct and in-23
direct costs for both public and private bids: Provided fur-24
ther, That Office of Management and Budget Circular A– 25 67
•S 2587 RS
76 shall not apply to competitions conducted under this 1
section. 2
S
EC. 8030. (a) None of the funds appropriated in this 3
Act may be expended by an entity of the Department of 4
Defense unless the entity, in expending the funds, com-5
plies with the Buy American Act. For purposes of this 6
subsection, the term ‘‘Buy American Act’’ means chapter 7
83 of title 41, United States Code. 8
(b) If the Secretary of Defense determines that a per-9
son has been convicted of intentionally affixing a label 10
bearing a ‘‘Made in America’’ inscription to any product 11
sold in or shipped to the United States that is not made 12
in America, the Secretary shall determine, in accordance 13
with section 4658 of title 10, United States Code, whether 14
the person should be debarred from contracting with the 15
Department of Defense. 16
(c) In the case of any equipment or products pur-17
chased with appropriations provided under this Act, it is 18
the sense of the Congress that any entity of the Depart-19
ment of Defense, in expending the appropriation, purchase 20
only American-made equipment and products, provided 21
that American-made equipment and products are cost- 22
competitive, quality competitive, and available in a timely 23
fashion. 24 68
•S 2587 RS
SEC. 8031. None of the funds appropriated or made 1
available in this Act shall be used to procure carbon, alloy, 2
or armor steel plate for use in any Government-owned fa-3
cility or property under the control of the Department of 4
Defense which were not melted and rolled in the United 5
States or Canada: Provided, That these procurement re-6
strictions shall apply to any and all Federal Supply Class 7
9515, American Society of Testing and Materials (ASTM) 8
or American Iron and Steel Institute (AISI) specifications 9
of carbon, alloy or armor steel plate: Provided further, 10
That the Secretary of the military department responsible 11
for the procurement may waive this restriction on a case- 12
by-case basis by certifying in writing to the Committees 13
on Appropriations of the House of Representatives and the 14
Senate that adequate domestic supplies are not available 15
to meet Department of Defense requirements on a timely 16
basis and that such an acquisition must be made in order 17
to acquire capability for national security purposes: Pro-18
vided further, That these restrictions shall not apply to 19
contracts which are in being as of the date of the enact-20
ment of this Act. 21
S
EC. 8032. (a)(1) If the Secretary of Defense, after 22
consultation with the United States Trade Representative, 23
determines that a foreign country which is party to an 24
agreement described in paragraph (2) has violated the 25 69
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terms of the agreement by discriminating against certain 1
types of products produced in the United States that are 2
covered by the agreement, the Secretary of Defense shall 3
rescind the Secretary’s blanket waiver of the Buy Amer-4
ican Act with respect to such types of products produced 5
in that foreign country. 6
(2) An agreement referred to in paragraph (1) is any 7
reciprocal defense procurement memorandum of under-8
standing, between the United States and a foreign country 9
pursuant to which the Secretary of Defense has prospec-10
tively waived the Buy American Act for certain products 11
in that country. 12
(b) The Secretary of Defense shall submit to the Con-13
gress a report on the amount of Department of Defense 14
purchases from foreign entities in fiscal year 2024. Such 15
report shall separately indicate the dollar value of items 16
for which the Buy American Act was waived pursuant to 17
any agreement described in subsection (a)(2), the Trade 18
Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any 19
international agreement to which the United States is a 20
party. 21
(c) For purposes of this section, the term ‘‘Buy 22
American Act’’ means chapter 83 of title 41, United 23
States Code. 24 70
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SEC. 8033. None of the funds appropriated by this 1
Act may be used for the procurement of ball and roller 2
bearings other than those produced by a domestic source 3
and of domestic origin: Provided, That the Secretary of 4
the military department responsible for such procurement 5
may waive this restriction on a case-by-case basis by certi-6
fying in writing to the Committees on Appropriations of 7
the House of Representatives and the Senate, that ade-8
quate domestic supplies are not available to meet Depart-9
ment of Defense requirements on a timely basis and that 10
such an acquisition must be made in order to acquire ca-11
pability for national security purposes: Provided further, 12
That this restriction shall not apply to the purchase of 13
‘‘commercial products’’, as defined by section 103 of title 14
41, United States Code, except that the restriction shall 15
apply to ball or roller bearings purchased as end items. 16
S
EC. 8034. In addition to any other funds made 17
available for such purposes, there is appropriated 18
$207,629,000, for an additional amount for the ‘‘National 19
Defense Stockpile Transaction Fund’’, to remain available 20
until September 30, 2026, for activities pursuant to the 21
Strategic and Critical Materials Stock Piling Act (50 22
U.S.C. 98 et seq.): Provided, That none of the funds pro-23
vided under this section may be obligated or expended 24
until 30 days after the Secretary of Defense provides the 25 71
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Committees on Appropriations of the House of Represent-1
atives and the Senate a detailed execution plan for such 2
funds. 3
S
EC. 8035. None of the funds in this Act may be 4
used to purchase any supercomputer which is not manu-5
factured in the United States, unless the Secretary of De-6
fense certifies to the congressional defense committees 7
that such an acquisition must be made in order to acquire 8
capability for national security purposes that is not avail-9
able from United States manufacturers. 10
S
EC. 8036. (a) The Secretary of Defense may, on a 11
case-by-case basis, waive with respect to a foreign country 12
each limitation on the procurement of defense items from 13
foreign sources provided in law if the Secretary determines 14
that the application of the limitation with respect to that 15
country would invalidate cooperative programs entered 16
into between the Department of Defense and the foreign 17
country, or would invalidate reciprocal trade agreements 18
for the procurement of defense items entered into under 19
section 2531 of title 10, United States Code, and the 20
country does not discriminate against the same or similar 21
defense items produced in the United States for that coun-22
try. 23
(b) Subsection (a) applies with respect to— 24 72
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(1) contracts and subcontracts entered into on 1
or after the date of the enactment of this Act; and 2
(2) options for the procurement of items that 3
are exercised after such date under contracts that 4
are entered into before such date if the option prices 5
are adjusted for any reason other than the applica-6
tion of a waiver granted under subsection (a). 7
(c) Subsection (a) does not apply to a limitation re-8
garding construction of public vessels, ball and roller bear-9
ings, food, and clothing or textile materials as defined by 10
section XI (chapters 50–65) of the Harmonized Tariff 11
Schedule of the United States and products classified 12
under headings 4010, 4202, 4203, 6401 through 6406, 13
6505, 7019, 7218 through 7229, 7304.41 through 14
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 15
8211, 8215, and 9404. 16
S
EC. 8037. None of the funds made available in this 17
Act, or any subsequent Act making appropriations for the 18
Department of Defense, may be used for the purchase or 19
manufacture of a flag of the United States unless such 20
flags are treated as covered items under section 4862(b) 21
of title 10, United States Code. 22
S
EC. 8038. During the current fiscal year, amounts 23
contained in the Department of Defense Overseas Military 24
Facility Investment Recovery Account shall be available 25 73
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until expended for the payments specified by section 1
2687a(b)(2) of title 10, United States Code. 2
S
EC. 8039. During the current fiscal year, appropria-3
tions which are available to the Department of Defense 4
for operation and maintenance may be used to purchase 5
items having an investment item unit cost of not more 6
than $350,000: Provided, That upon determination by the 7
Secretary of Defense that such action is necessary to meet 8
the operational requirements of a Commander of a Com-9
batant Command engaged in a named contingency oper-10
ation overseas, such funds may be used to purchase items 11
having an investment item unit cost of not more than 12
$500,000. 13
S
EC. 8040. Up to $13,809,000 of the funds appro-14
priated under the heading ‘‘Operation and Maintenance, 15
Navy’’ may be made available for the Asia Pacific Re-16
gional Initiative Program for the purpose of enabling the 17
United States Indo-Pacific Command to execute Theater 18
Security Cooperation activities such as humanitarian as-19
sistance, and payment of incremental and personnel costs 20
of training and exercising with foreign security forces: 21
Provided, That funds made available for this purpose may 22
be used, notwithstanding any other funding authorities for 23
humanitarian assistance, security assistance or combined 24
exercise expenses: Provided further, That funds may not 25 74
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be obligated to provide assistance to any foreign country 1
that is otherwise prohibited from receiving such type of 2
assistance under any other provision of law. 3
S
EC. 8041. The Secretary of Defense shall issue reg-4
ulations to prohibit the sale of any tobacco or tobacco- 5
related products in military resale outlets in the United 6
States, its territories and possessions at a price below the 7
most competitive price in the local community: Provided, 8
That such regulations shall direct that the prices of to-9
bacco or tobacco-related products in overseas military re-10
tail outlets shall be within the range of prices established 11
for military retail system stores located in the United 12
States. 13
S
EC. 8042. (a) During the current fiscal year, none 14
of the appropriations or funds available to the Department 15
of Defense Working Capital Funds shall be used for the 16
purchase of an investment item for the purpose of acquir-17
ing a new inventory item for sale or anticipated sale dur-18
ing the current fiscal year or a subsequent fiscal year to 19
customers of the Department of Defense Working Capital 20
Funds if such an item would not have been chargeable 21
to the Department of Defense Business Operations Fund 22
during fiscal year 1994 and if the purchase of such an 23
investment item would be chargeable during the current 24 75
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fiscal year to appropriations made to the Department of 1
Defense for procurement. 2
(b) The fiscal year 2025 budget request for the De-3
partment of Defense as well as all justification material 4
and other documentation supporting the fiscal year 2025 5
Department of Defense budget shall be prepared and sub-6
mitted to the Congress on the basis that any equipment 7
which was classified as an end item and funded in a pro-8
curement appropriation contained in this Act shall be 9
budgeted for in a proposed fiscal year 2025 procurement 10
appropriation and not in the supply management business 11
area or any other area or category of the Department of 12
Defense Working Capital Funds. 13
S
EC. 8043. None of the funds appropriated by this 14
Act for programs of the Central Intelligence Agency shall 15
remain available for obligation beyond the current fiscal 16
year, except for funds appropriated for the Reserve for 17
Contingencies, which shall remain available until Sep-18
tember 30, 2025: Provided, That funds appropriated, 19
transferred, or otherwise credited to the Central Intel-20
ligence Agency Central Services Working Capital Fund 21
during this or any prior or subsequent fiscal year shall 22
remain available until expended: Provided further, That 23
any funds appropriated or transferred to the Central Intel-24
ligence Agency for advanced research and development ac-25 76
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quisition, for agent operations, and for covert action pro-1
grams authorized by the President under section 503 of 2
the National Security Act of 1947 (50 U.S.C. 3093) shall 3
remain available until September 30, 2025: Provided fur-4
ther, That any funds appropriated or transferred to the 5
Central Intelligence Agency for the construction, improve-6
ment, or alteration of facilities, including leased facilities, 7
to be used primarily by personnel of the intelligence com-8
munity, shall remain available until September 30, 2026. 9
S
EC. 8044. (a) None of the funds appropriated by 10
this Act shall be available to convert to contractor per-11
formance an activity or function of the Department of De-12
fense that, on or after the date of the enactment of this 13
Act, is performed by Department of Defense civilian em-14
ployees unless— 15
(1) the conversion is based on the result of a 16
public-private competition that includes a most effi-17
cient and cost effective organization plan developed 18
by such activity or function; 19
(2) the Competitive Sourcing Official deter-20
mines that, over all performance periods stated in 21
the solicitation of offers for performance of the ac-22
tivity or function, the cost of performance of the ac-23
tivity or function by a contractor would be less costly 24 77
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to the Department of Defense by an amount that 1
equals or exceeds the lesser of— 2
(A) 10 percent of the most efficient organi-3
zation’s personnel-related costs for performance 4
of that activity or function by Federal employ-5
ees; or 6
(B) $10,000,000; and 7
(3) the contractor does not receive an advan-8
tage for a proposal that would reduce costs for the 9
Department of Defense by— 10
(A) not making an employer-sponsored 11
health insurance plan available to the workers 12
who are to be employed in the performance of 13
that activity or function under the contract; or 14
(B) offering to such workers an employer- 15
sponsored health benefits plan that requires the 16
employer to contribute less towards the pre-17
mium or subscription share than the amount 18
that is paid by the Department of Defense for 19
health benefits for civilian employees under 20
chapter 89 of title 5, United States Code. 21
(b)(1) The Department of Defense, without regard 22
to subsection (a) of this section or subsection (a), (b), or 23
(c) of section 2461 of title 10, United States Code, and 24
notwithstanding any administrative regulation, require-25 78
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ment, or policy to the contrary shall have full authority 1
to enter into a contract for the performance of any com-2
mercial or industrial type function of the Department of 3
Defense that— 4
(A) is included on the procurement list estab-5
lished pursuant to section 2 of the Javits-Wagner- 6
O’Day Act (section 8503 of title 41, United States 7
Code); 8
(B) is planned to be converted to performance 9
by a qualified nonprofit agency for the blind or by 10
a qualified nonprofit agency for other severely handi-11
capped individuals in accordance with that Act; or 12
(C) is planned to be converted to performance 13
by a qualified firm under at least 51 percent owner-14
ship by an Indian tribe, as defined in section 4(e) 15
of the Indian Self-Determination and Education As-16
sistance Act (25 U.S.C. 450b(e)), or a Native Ha-17
waiian Organization, as defined in section 8(a)(15) 18
of the Small Business Act (15 U.S.C. 637(a)(15)). 19
(2) This section shall not apply to depot contracts 20
or contracts for depot maintenance as provided in sections 21
2469 and 2474 of title 10, United States Code. 22
(c) The conversion of any activity or function of the 23
Department of Defense under the authority provided by 24
this section shall be credited toward any competitive or 25 79
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outsourcing goal, target, or measurement that may be es-1
tablished by statute, regulation, or policy and is deemed 2
to be awarded under the authority of, and in compliance 3
with, subsection (h) of section 2304 of title 10, United 4
States Code, for the competition or outsourcing of com-5
mercial activities. 6
(RESCISSIONS) 7
S
EC. 8045. Of the funds appropriated in Department 8
of Defense Appropriations Acts, the following funds are 9
hereby rescinded from the following accounts and pro-10
grams in the specified amounts: Provided, That no 11
amounts may be rescinded from amounts that were des-12
ignated by the Congress as an emergency requirement 13
pursuant to a concurrent resolution on the budget or the 14
Balanced Budget and Emergency Deficit Control Act of 15
1985: 16
‘‘Other Procurement, Army’’, 2022/2024, 17
$10,000,000; 18
‘‘Shipbuilding and Conversion, Navy: T- 19
AGOS’’, 2022/2026, $158,300,000; 20
‘‘Other Procurement, Navy’’, 2022/2024, 21
$1,447,000; 22
‘‘Aircraft Procurement, Air Force’’, 2022/2024, 23
$45,306,000; 24 80
•S 2587 RS
‘‘Procurement, Defense-Wide’’, 2022/2024, 1
$204,000; 2
‘‘Operation and Maintenance, Defense-Wide’’, 3
2023/2024, $24,000,000; 4
‘‘Counter-ISIS Train and Equip Fund’’, 2023/ 5
2024, $48,000,000; 6
‘‘Other Procurement, Army’’, 2023/2025, 7
$58,962,000; 8
‘‘Aircraft Procurement, Navy’’, 2023/2025, 9
$225,323,000; 10
‘‘Procurement of Ammunition, Navy and Ma-11
rine Corps’’, 2023/2025, $2,262,000; 12
‘‘Shipbuilding and Conversion, Navy: DDG-51 13
Advance Procurement’’, 2023/2027, $77,300,000; 14
‘‘Shipbuilding and Conversion, Navy: LPD 15
Flight II Advance Procurement’’, 2023/2027, 16
$250,000,000; 17
‘‘Other Procurement, Navy’’, 2023/2025, 18
$4,695,000; 19
‘‘Aircraft Procurement, Air Force’’, 2023/2025, 20
$223,620,000; 21
‘‘Other Procurement, Air Force’’, 2023/2025, 22
$37,100,000; 23
‘‘Procurement, Space Force’’, 2023/2025, 24
$159,566,000; 25 81
•S 2587 RS
‘‘Procurement, Defense-Wide’’, 2023/2025, 1
$23,019,000; 2
‘‘Research, Development, Test and Evaluation, 3
Army’’, 2023/2024, $26,170,000; 4
‘‘Research, Development, Test and Evaluation, 5
Navy’’, 2023/2024, $116,061,000; 6
‘‘Research, Development, Test and Evaluation, 7
Air Force’’, 2023/2024, $63,624,000; 8
‘‘Research, Development, Test and Evaluation, 9
Space Force’’, 2023/2024, $16,878,000; and 10
‘‘Research, Development, Test and Evaluation, 11
Defense-Wide’’, 2023/2024, $75,986,000. 12
S
EC. 8046. None of the funds made available in this 13
Act may be used to reduce the authorized positions for 14
military technicians (dual status) of the Army National 15
Guard, Air National Guard, Army Reserve and Air Force 16
Reserve for the purpose of applying any administratively 17
imposed civilian personnel ceiling, freeze, or reduction on 18
military technicians (dual status), unless such reductions 19
are a direct result of a reduction in military force struc-20
ture. 21
S
EC. 8047. None of the funds appropriated or other-22
wise made available in this Act may be obligated or ex-23
pended for assistance to the Democratic People’s Republic 24
of Korea unless specifically appropriated for that purpose: 25 82
•S 2587 RS
Provided, That this restriction shall not apply to any ac-1
tivities incidental to the Defense POW/MIA Accounting 2
Agency mission to recover and identify the remains of 3
United States Armed Forces personnel from the Demo-4
cratic People’s Republic of Korea. 5
S
EC. 8048. In this fiscal year and each fiscal year 6
thereafter, funds appropriated for operation and mainte-7
nance of the Military Departments, Combatant Com-8
mands and Defense Agencies shall be available for reim-9
bursement of pay, allowances and other expenses which 10
would otherwise be incurred against appropriations for the 11
National Guard and Reserve when members of the Na-12
tional Guard and Reserve provide intelligence or counter-13
intelligence support to Combatant Commands, Defense 14
Agencies and Joint Intelligence Activities, including the 15
activities and programs included within the National Intel-16
ligence Program and the Military Intelligence Program: 17
Provided, That nothing in this section authorizes deviation 18
from established Reserve and National Guard personnel 19
and training procedures. 20
S
EC. 8049. (a) None of the funds available to the 21
Department of Defense for any fiscal year for drug inter-22
diction or counter-drug activities may be transferred to 23
any other department or agency of the United States ex-24
cept as specifically provided in an appropriations law. 25 83
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(b) None of the funds available to the Central Intel-1
ligence Agency for any fiscal year for drug interdiction or 2
counter-drug activities may be transferred to any other de-3
partment or agency of the United States except as specifi-4
cally provided in an appropriations law. 5
S
EC. 8050. In addition to the amounts appropriated 6
or otherwise made available elsewhere in this Act, 7
$24,000,000 is hereby appropriated to the Department of 8
Defense: Provided, That upon the determination of the 9
Secretary of Defense that it shall serve the national inter-10
est, the Secretary shall make grants in the amounts speci-11
fied as follows: $24,000,000 to the United Service Organi-12
zations. 13
S
EC. 8051. Notwithstanding any other provision in 14
this Act, the Small Business Innovation Research program 15
and the Small Business Technology Transfer program set- 16
asides shall be taken proportionally from all programs, 17
projects, or activities to the extent they contribute to the 18
extramural budget. The Secretary of each military depart-19
ment, the Director of each Defense Agency, and the head 20
of each other relevant component of the Department of 21
Defense shall submit to the congressional defense commit-22
tees, concurrent with submission of the budget justifica-23
tion documents to Congress pursuant to section 1105 of 24
title 31, United States Code, a report with a detailed ac-25 84
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counting of the Small Business Innovation Research pro-1
gram and the Small Business Technology Transfer pro-2
gram set-asides taken from programs, projects, or activi-3
ties within such department, agency, or component during 4
the most recently completed fiscal year. 5
S
EC. 8052. None of the funds available to the De-6
partment of Defense under this Act shall be obligated or 7
expended to pay a contractor under a contract with the 8
Department of Defense for costs of any amount paid by 9
the contractor to an employee when— 10
(1) such costs are for a bonus or otherwise in 11
excess of the normal salary paid by the contractor 12
to the employee; and 13
(2) such bonus is part of restructuring costs as-14
sociated with a business combination. 15
(INCLUDING TRANSFER OF FUNDS) 16
S
EC. 8053. During the current fiscal year, no more 17
than $30,000,000 of appropriations made in this Act 18
under the heading ‘‘Operation and Maintenance, Defense- 19
Wide’’ may be transferred to appropriations available for 20
the pay of military personnel, to be merged with, and to 21
be available for the same time period as the appropriations 22
to which transferred, to be used in support of such per-23
sonnel in connection with support and services for eligible 24
organizations and activities outside the Department of De-25 85
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fense pursuant to section 2012 of title 10, United States 1
Code. 2
S
EC. 8054. During the current fiscal year, in the case 3
of an appropriation account of the Department of Defense 4
for which the period of availability for obligation has ex-5
pired or which has closed under the provisions of section 6
1552 of title 31, United States Code, and which has a 7
negative unliquidated or unexpended balance, an obliga-8
tion or an adjustment of an obligation may be charged 9
to any current appropriation account for the same purpose 10
as the expired or closed account if— 11
(1) the obligation would have been properly 12
chargeable (except as to amount) to the expired or 13
closed account before the end of the period of avail-14
ability or closing of that account; 15
(2) the obligation is not otherwise properly 16
chargeable to any current appropriation account of 17
the Department of Defense; and 18
(3) in the case of an expired account, the obli-19
gation is not chargeable to a current appropriation 20
of the Department of Defense under the provisions 21
of section 1405(b)(8) of the National Defense Au-22
thorization Act for Fiscal Year 1991, Public Law 23
101–510, as amended (31 U.S.C. 1551 note): Pro-24
vided, That in the case of an expired account, if sub-25 86
•S 2587 RS
sequent review or investigation discloses that there 1
was not in fact a negative unliquidated or unex-2
pended balance in the account, any charge to a cur-3
rent account under the authority of this section shall 4
be reversed and recorded against the expired ac-5
count: Provided further, That the total amount 6
charged to a current appropriation under this sec-7
tion may not exceed an amount equal to 1 percent 8
of the total appropriation for that account: 9
Provided, That the Under Secretary of Defense (Comp-10
troller) shall include with the budget of the President for 11
fiscal year 2025 (as submitted to Congress pursuant to 12
section 1105 of title 31, United States Code) a statement 13
describing each instance if any, during each of the fiscal 14
years 2018 through 2024 in which the authority in this 15
section was exercised. 16
S
EC. 8055. (a) Notwithstanding any other provision 17
of law, the Chief of the National Guard Bureau may per-18
mit the use of equipment of the National Guard Distance 19
Learning Project by any person or entity on a space-avail-20
able, reimbursable basis. The Chief of the National Guard 21
Bureau shall establish the amount of reimbursement for 22
such use on a case-by-case basis. 23
(b) Amounts collected under subsection (a) shall be 24
credited to funds available for the National Guard Dis-25 87
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tance Learning Project and be available to defray the costs 1
associated with the use of equipment of the project under 2
that subsection. Such funds shall be available for such 3
purposes without fiscal year limitation. 4
S
EC. 8056. (a) None of the funds appropriated or 5
otherwise made available by this or prior Acts may be obli-6
gated or expended to retire, prepare to retire, or place in 7
storage or on backup aircraft inventory status any C-40 8
aircraft. 9
(b) The limitation under subsection (a) shall not 10
apply to an individual C-40 aircraft that the Secretary of 11
the Air Force determines, on a case-by-case basis, to be 12
no longer mission capable due to a Class A mishap. 13
(c) If the Secretary determines under subsection (b) 14
that an aircraft is no longer mission capable, the Secretary 15
shall submit to the congressional defense committees a 16
certification in writing that the status of such aircraft is 17
due to a Class A mishap and not due to lack of mainte-18
nance, repairs, or other reasons. 19
S
EC. 8057. (a) None of the funds appropriated in 20
title IV of this Act may be used to procure end-items for 21
delivery to military forces for operational training, oper-22
ational use, or inventory requirements: Provided, That this 23
restriction does not apply to end-items used in develop-24
ment, prototyping in accordance with an approved test 25 88
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strategy, and test activities preceding and leading to ac-1
ceptance for operational use. 2
(b) If the number of end-items budgeted with funds 3
appropriated in title IV of this Act exceeds the number 4
required in an approved test strategy, the Under Secretary 5
of Defense (Research and Engineering) and the Under 6
Secretary of Defense (Acquisition and Sustainment), in 7
coordination with the responsible Service Acquisition Ex-8
ecutive, shall certify in writing to the congressional de-9
fense committees that there is a bonafide need for the ad-10
ditional end-items at the time of submittal to Congress 11
of the budget of the President for fiscal year 2025 pursu-12
ant to section 1105 of title 31, United States Code: Pro-13
vided, That this restriction does not apply to programs 14
funded within the National Intelligence Program. 15
(c) The Secretary of Defense shall, at the time of the 16
submittal to Congress of the budget of the President for 17
fiscal year 2025 pursuant to section 1105 of title 31, 18
United States Code, submit to the congressional defense 19
committees a report detailing the use of funds requested 20
in research, development, test and evaluation accounts for 21
end-items used in development, prototyping and test ac-22
tivities preceding and leading to acceptance for operational 23
use: Provided, That the report shall set forth, for each 24
end item covered by the preceding proviso, a detailed list 25 89
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of the statutory authorities under which amounts in the 1
accounts described in that proviso were used for such item: 2
Provided further, That the Secretary of Defense shall, at 3
the time of the submittal to Congress of the budget of 4
the President for fiscal year 2025 pursuant to section 5
1105 of title 31, United States Code, submit to the con-6
gressional defense committees a certification that funds 7
requested for fiscal year 2025 in research, development, 8
test and evaluation accounts are in compliance with this 9
section: Provided further, That the Secretary of Defense 10
may waive this restriction on a case-by-case basis by certi-11
fying in writing to the Subcommittees on Defense of the 12
Committees on Appropriations of the House of Represent-13
atives and the Senate that it is in the national security 14
interest to do so. 15
S
EC. 8058. None of the funds appropriated or other-16
wise made available by this or other Department of De-17
fense Appropriations Acts may be obligated or expended 18
for the purpose of performing repairs or maintenance to 19
military family housing units of the Department of De-20
fense, including areas in such military family housing 21
units that may be used for the purpose of conducting offi-22
cial Department of Defense business. 23
S
EC. 8059. Notwithstanding any other provision of 24
law, funds appropriated in this Act under the heading 25 90
•S 2587 RS
‘‘Research, Development, Test and Evaluation, Defense- 1
Wide’’ for any new start defense innovation acceleration 2
or rapid prototyping program demonstration project with 3
a value of more than $5,000,000 may only be obligated 4
15 days after a report, including a description of the 5
project, the planned acquisition and transition strategy 6
and its estimated annual and total cost, has been provided 7
in writing to the congressional defense committees: Pro-8
vided, That the Secretary of Defense may waive this re-9
striction on a case-by-case basis by certifying to the con-10
gressional defense committees that it is in the national in-11
terest to do so. 12
S
EC. 8060. The Secretary of Defense shall continue 13
to provide a classified quarterly report to the Committees 14
on Appropriations of the House of Representatives and the 15
Senate, Subcommittees on Defense on certain matters as 16
directed in the classified annex accompanying this Act. 17
S
EC. 8061. Notwithstanding section 12310(b) of title 18
10, United States Code, a Reserve who is a member of 19
the National Guard serving on full-time National Guard 20
duty under section 502(f) of title 32, United States Code, 21
may perform duties in support of the ground-based ele-22
ments of the National Ballistic Missile Defense System. 23
S
EC. 8062. None of the funds provided in this Act 24
may be used to transfer to any nongovernmental entity 25 91
•S 2587 RS
ammunition held by the Department of Defense that has 1
a center-fire cartridge and a United States military no-2
menclature designation of ‘‘armor penetrator’’, ‘‘armor 3
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 4
‘‘armor-piercing incendiary tracer (API–T)’’, except to an 5
entity performing demilitarization services for the Depart-6
ment of Defense under a contract that requires the entity 7
to demonstrate to the satisfaction of the Department of 8
Defense that armor piercing projectiles are either: (1) ren-9
dered incapable of reuse by the demilitarization process; 10
or (2) used to manufacture ammunition pursuant to a con-11
tract with the Department of Defense or the manufacture 12
of ammunition for export pursuant to a License for Per-13
manent Export of Unclassified Military Articles issued by 14
the Department of State. 15
S
EC. 8063. Notwithstanding any other provision of 16
law, the Chief of the National Guard Bureau, or their des-17
ignee, may waive payment of all or part of the consider-18
ation that otherwise would be required under section 2667 19
of title 10, United States Code, in the case of a lease of 20
personal property for a period not in excess of 1 year to 21
any organization specified in section 508(d) of title 32, 22
United States Code, or any other youth, social, or fra-23
ternal nonprofit organization as may be approved by the 24 92
•S 2587 RS
Chief of the National Guard Bureau, or their designee, 1
on a case-by-case basis. 2
(INCLUDING TRANSFER OF FUNDS) 3
S
EC. 8064. Of the amounts appropriated in this Act 4
under the heading ‘‘Operation and Maintenance, Army’’, 5
$175,943,968 shall remain available until expended: Pro-6
vided, That, notwithstanding any other provision of law, 7
the Secretary of Defense is authorized to transfer such 8
funds to other activities of the Federal Government: Pro-9
vided further, That the Secretary of Defense is authorized 10
to enter into and carry out contracts for the acquisition 11
of real property, construction, personal services, and oper-12
ations related to projects carrying out the purposes of this 13
section: Provided further, That contracts entered into 14
under the authority of this section may provide for such 15
indemnification as the Secretary determines to be nec-16
essary: Provided further, That projects authorized by this 17
section shall comply with applicable Federal, State, and 18
local law to the maximum extent consistent with the na-19
tional security, as determined by the Secretary of Defense. 20
S
EC. 8065. (a) None of the funds appropriated in this 21
or any other Act may be used to take any action to mod-22
ify— 23
(1) the appropriations account structure for the 24
National Intelligence Program budget, including 25 93
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through the creation of a new appropriation or new 1
appropriation account; 2
(2) how the National Intelligence Program 3
budget request is presented in the unclassified P–1, 4
R–1, and O–1 documents supporting the Depart-5
ment of Defense budget request; 6
(3) the process by which the National Intel-7
ligence Program appropriations are apportioned to 8
the executing agencies; or 9
(4) the process by which the National Intel-10
ligence Program appropriations are allotted, obli-11
gated and disbursed. 12
(b) Nothing in subsection (a) shall be construed to 13
prohibit the merger of programs or changes to the Na-14
tional Intelligence Program budget at or below the Ex-15
penditure Center level, provided such change is otherwise 16
in accordance with paragraphs (1)–(3) of subsection (a). 17
(c) The Director of National Intelligence and the Sec-18
retary of Defense may jointly, only for the purposes of 19
achieving auditable financial statements and improving 20
fiscal reporting, study and develop detailed proposals for 21
alternative financial management processes. Such study 22
shall include a comprehensive counterintelligence risk as-23
sessment to ensure that none of the alternative processes 24
will adversely affect counterintelligence. 25 94
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(d) Upon development of the detailed proposals de-1
fined under subsection (c), the Director of National Intel-2
ligence and the Secretary of Defense shall— 3
(1) provide the proposed alternatives to all af-4
fected agencies; 5
(2) receive certification from all affected agen-6
cies attesting that the proposed alternatives will help 7
achieve auditability, improve fiscal reporting, and 8
will not adversely affect counterintelligence; and 9
(3) not later than 30 days after receiving all 10
necessary certifications under paragraph (2), present 11
the proposed alternatives and certifications to the 12
congressional defense and intelligence committees. 13
(INCLUDING TRANSFER OF FUNDS) 14
S
EC. 8066. In addition to amounts made available 15
elsewhere in this Act, $400,000,000 is hereby appro-16
priated to the Department of Defense and made available 17
for transfer to operation and maintenance accounts, pro-18
curement accounts, and research, development, test and 19
evaluation accounts only for those efforts by the Com-20
mander, United States Africa Command or Commander, 21
United States Southern Command to expand cooperation, 22
share operational information, advance interoperability, or 23
improve the capabilities of our allies and partners in their 24
areas of operation: Provided, That none of the funds pro-25 95
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vided under this section may be obligated or expended 1
until 30 days after the Secretary of Defense provides to 2
the congressional defense committees an execution plan: 3
Provided further, That not less than 15 days prior to any 4
transfer of funds, the Secretary of Defense shall notify 5
the congressional defense committees of the details of any 6
such transfer: Provided further, That upon transfer, the 7
funds shall be merged with and available for the same pur-8
poses, and for the same time period, as the appropriation 9
to which transferred: Provided further, That the transfer 10
authority provided under this section is in addition to any 11
other transfer authority provided elsewhere in this Act. 12
(INCLUDING TRANSFER OF FUNDS) 13
S
EC. 8067. During the current fiscal year, not to ex-14
ceed $11,000,000 from each of the appropriations made 15
in title II of this Act for ‘‘Operation and Maintenance, 16
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-17
ation and Maintenance, Air Force’’ may be transferred by 18
the military department concerned to its central fund es-19
tablished for Fisher Houses and Suites pursuant to sec-20
tion 2493(d) of title 10, United States Code. 21
(INCLUDING TRANSFER OF FUNDS) 22
S
EC. 8068. Of the amounts appropriated for ‘‘Oper-23
ation and Maintenance, Navy’’, up to $1,000,000 shall be 24
available for transfer to the John C. Stennis Center for 25 96
•S 2587 RS
Public Service Development Trust Fund established under 1
section 116 of the John C. Stennis Center for Public Serv-2
ice Training and Development Act (2 U.S.C. 1105). 3
S
EC. 8069. None of the funds available to the De-4
partment of Defense may be obligated to modify command 5
and control relationships to give Fleet Forces Command 6
operational and administrative control of United States 7
Navy forces assigned to the Pacific fleet: Provided, That 8
the command and control relationships which existed on 9
October 1, 2004, shall remain in force until a written 10
modification has been proposed to the Committees on Ap-11
propriations of the House of Representatives and the Sen-12
ate: Provided further, That the proposed modification may 13
be implemented 30 days after the notification unless an 14
objection is received from either the House or Senate Ap-15
propriations Committees: Provided further, That any pro-16
posed modification shall not preclude the ability of the 17
commander of United States Indo-Pacific Command to 18
meet operational requirements. 19
S
EC. 8070. Any notice that is required to be sub-20
mitted to the Committees on Appropriations of the House 21
of Representatives and the Senate under section 3601 of 22
title 10, United States Code, as added by section 804(a) 23
of the James M. Inhofe National Defense Authorization 24
Act for Fiscal Year 2023 shall be submitted pursuant to 25 97
•S 2587 RS
that requirement concurrently to the Subcommittees on 1
Defense of the Committees on Appropriations of the 2
House of Representatives and the Senate. 3
(INCLUDING TRANSFER OF FUNDS) 4
S
EC. 8071. Of the amounts appropriated in this Act 5
under the headings ‘‘Procurement, Defense-Wide’’ and 6
‘‘Research, Development, Test and Evaluation, Defense- 7
Wide’’, $500,000,000 shall be for the Israeli Cooperative 8
Programs: Provided, That of this amount, $80,000,000 9
shall be for the Secretary of Defense to provide to the Gov-10
ernment of Israel for the procurement of the Iron Dome 11
defense system to counter short-range rocket threats, sub-12
ject to the U.S.-Israel Iron Dome Procurement Agree-13
ment, as amended; $127,000,000 shall be for the Short 14
Range Ballistic Missile Defense (SRBMD) program, in-15
cluding cruise missile defense research and development 16
under the SRBMD program; $40,000,000 shall be for co- 17
production activities of SRBMD systems in the United 18
States and in Israel to meet Israel’s defense requirements 19
consistent with each nation’s laws, regulations, and proce-20
dures, subject to the U.S.-Israeli co-production agreement 21
for SRBMD, as amended; $80,000,000 shall be for an 22
upper-tier component to the Israeli Missile Defense Archi-23
tecture, of which $80,000,000 shall be for co-production 24
activities of Arrow 3 Upper Tier systems in the United 25 98
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States and in Israel to meet Israel’s defense requirements 1
consistent with each nation’s laws, regulations, and proce-2
dures, subject to the U.S.-Israeli co-production agreement 3
for Arrow 3 Upper Tier, as amended; and $173,000,000 4
shall be for the Arrow System Improvement Program in-5
cluding development of a long range, ground and airborne, 6
detection suite: Provided further, That the transfer author-7
ity provided under this section is in addition to any other 8
transfer authority contained in this Act. 9
S
EC. 8072. Of the amounts appropriated in this Act 10
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 11
$1,390,093,000 shall be available until September 30, 12
2024, to fund prior year shipbuilding cost increases for 13
the following programs: 14
(1) Under the heading ‘‘Shipbuilding and Con-15
version, Navy’’, 2013/2024: Carrier Replacement 16
Program, $624,600,000; 17
(2) Under the heading ‘‘Shipbuilding and Con-18
version, Navy’’, 2015/2024: Virginia Class Sub-19
marine Program, $43,419,000; 20
(3) Under the heading ‘‘Shipbuilding and Con-21
version, Navy’’, 2016/2024: Virginia Class Sub-22
marine Program, $100,115,000; 23 99
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(4) Under the heading ‘‘Shipbuilding and Con-1
version, Navy’’, 2016/2024: DDG 51 Program, 2
$104,090,000; 3
(5) Under the heading ‘‘Shipbuilding and Con-4
version, Navy’’, 2017/2024: Virginia Class Sub-5
marine Program, $24,646,000; 6
(6) Under the heading ‘‘Shipbuilding and Con-7
version, Navy’’, 2017/2024: DDG 51 Program, 8
$121,827,000; 9
(7) Under the heading ‘‘Shipbuilding and Con-10
version, Navy’’, 2017/2024: LPD 17 Amphibious 11
Transport Dock Program, $16,520,000; 12
(8) Under the heading ‘‘Shipbuilding and Con-13
version, Navy’’, 2018/2024: Ship to Shore Connector 14
Program, $43,600,000; 15
(9) Under the heading ‘‘Shipbuilding and Con-16
version, Navy’’, 2019/2024: Littoral Combat Ship 17
Program, $23,000,000; 18
(10) Under the heading ‘‘Shipbuilding and Con-19
version, Navy’’, 2019/2024: T–AO Fleet Oiler Pro-20
gram, $27,060,000; 21
(11) Under the heading ‘‘Shipbuilding and Con-22
version, Navy’’, 2020/2024: CVN Refueling Over-23
hauls, $42,422,000; 24 100
•S 2587 RS
(12) Under the heading ‘‘Shipbuilding and Con-1
version, Navy’’, 2020/2024: T–AO Fleet Oiler Pro-2
gram, $93,250,000; 3
(13) Under the heading ‘‘Shipbuilding and Con-4
version, Navy’’, 2020/2024: Towing, Salvage, and 5
Rescue Ship Program, $1,150,000; 6
(14) Under the heading ‘‘Shipbuilding and Con-7
version, Navy’’, 2021/2024: DDG 51 Program, 8
$100,000,000; 9
(15) Under the heading ‘‘Shipbuilding and Con-10
version, Navy’’, 2021/2024: Towing, Salvage, and 11
Rescue Ship Program, $21,809,000; and 12
(16) Under the heading ‘‘Shipbuilding and Con-13
version, Navy’’, 2022/2024: T–AO Fleet Oiler Pro-14
gram, $2,585,000. 15
S
EC. 8073. Funds appropriated by this Act, or made 16
available by the transfer of funds in this Act, for intel-17
ligence activities are deemed to be specifically authorized 18
by the Congress for purposes of section 504 of the Na-19
tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 20
year 2024 until the enactment of the Intelligence Author-21
ization Act for Fiscal Year 2024. 22
S
EC. 8074. None of the funds provided in this Act 23
shall be available for obligation or expenditure through a 24
reprogramming of funds that creates or initiates a new 25 101
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program, project, or activity unless such program, project, 1
or activity must be undertaken immediately in the interest 2
of national security and only after written prior notifica-3
tion to the congressional defense committees. 4
S
EC. 8075. None of the funds in this Act may be 5
used for research, development, test, evaluation, procure-6
ment or deployment of nuclear armed interceptors of a 7
missile defense system. 8
(INCLUDING TRANSFER OF FUNDS) 9
S
EC. 8076. The Secretary of Defense may transfer 10
funds from any available Department of the Navy appro-11
priation to any available Navy ship construction appro-12
priation for the purpose of liquidating necessary changes 13
resulting from inflation, market fluctuations, or rate ad-14
justments for any ship construction program appropriated 15
in law: Provided, That the Secretary may transfer not to 16
exceed $20,000,000 under the authority provided by this 17
section: Provided further, That the Secretary may not 18
transfer any funds until 30 days after the proposed trans-19
fer has been reported to the Committees on Appropria-20
tions of the House of Representatives and the Senate, un-21
less a response from the Committees is received sooner: 22
Provided further, That any funds transferred pursuant to 23
this section shall retain the same period of availability as 24
when originally appropriated: Provided further, That the 25 102
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transfer authority provided under this section is in addi-1
tion to any other transfer authority contained elsewhere 2
in this Act: Provided further, That the transfer authority 3
provided by this section expires on September 30, 2028. 4
S
EC. 8077. None of the funds appropriated or made 5
available in this Act shall be used to reduce or disestablish 6
the operation of the 53rd Weather Reconnaissance Squad-7
ron of the Air Force Reserve, if such action would reduce 8
the WC–130 Weather Reconnaissance mission below the 9
levels funded in this Act: Provided, That the Air Force 10
shall allow the 53rd Weather Reconnaissance Squadron to 11
perform other missions in support of national defense re-12
quirements during the non-hurricane season. 13
S
EC. 8078. None of the funds provided in this Act 14
shall be available for integration of foreign intelligence in-15
formation unless the information has been lawfully col-16
lected and processed during the conduct of authorized for-17
eign intelligence activities: Provided, That information 18
pertaining to United States persons shall only be handled 19
in accordance with protections provided in the Fourth 20
Amendment of the United States Constitution as imple-21
mented through Executive Order No. 12333. 22
S
EC. 8079. None of the funds appropriated by this 23
Act for programs of the Office of the Director of National 24
Intelligence shall remain available for obligation beyond 25 103
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the current fiscal year, except for funds appropriated for 1
research and technology, which shall remain available until 2
September 30, 2025. 3
S
EC. 8080. For purposes of section 1553(b) of title 4
31, United States Code, any subdivision of appropriations 5
made in this Act under the heading ‘‘Shipbuilding and 6
Conversion, Navy’’ shall be considered to be for the same 7
purpose as any subdivision under the heading ‘‘Ship-8
building and Conversion, Navy’’ appropriations in any 9
prior fiscal year, and the 1 percent limitation shall apply 10
to the total amount of the appropriation. 11
S
EC. 8081. (a) Not later than 60 days after the date 12
of enactment of this Act, the Director of National Intel-13
ligence shall submit a report to the congressional intel-14
ligence committees to establish the baseline for application 15
of reprogramming and transfer authorities for fiscal year 16
2024: Provided, That the report shall include— 17
(1) a table for each appropriation with a sepa-18
rate column to display the President’s budget re-19
quest, adjustments made by Congress, adjustments 20
due to enacted rescissions, if appropriate, and the 21
fiscal year enacted level; 22
(2) a delineation in the table for each appro-23
priation by Expenditure Center and project; and 24 104
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(3) an identification of items of special congres-1
sional interest. 2
(b) None of the funds provided for the National Intel-3
ligence Program in this Act shall be available for re-4
programming or transfer until the report identified in sub-5
section (a) is submitted to the congressional intelligence 6
committees, unless the Director of National Intelligence 7
certifies in writing to the congressional intelligence com-8
mittees that such reprogramming or transfer is necessary 9
as an emergency requirement. 10
S
EC. 8082. Any transfer of amounts appropriated to 11
the Department of Defense Acquisition Workforce Devel-12
opment Account in or for fiscal year 2024 to a military 13
department or Defense Agency pursuant to section 14
1705(e)(1) of title 10, United States Code, shall be cov-15
ered by and subject to section 8005 of this Act. 16
S
EC. 8083. (a) None of the funds provided for the 17
National Intelligence Program in this or any prior appro-18
priations Act shall be available for obligation or expendi-19
ture through a reprogramming or transfer of funds in ac-20
cordance with section 102A(d) of the National Security 21
Act of 1947 (50 U.S.C. 3024(d)) that— 22
(1) creates a new start effort; 23
(2) terminates a program with appropriated 24
funding of $10,000,000 or more; 25 105
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(3) transfers funding into or out of the Na-1
tional Intelligence Program; or 2
(4) transfers funding between appropriations, 3
unless the congressional intelligence committees are 4
notified 30 days in advance of such reprogramming 5
of funds; this notification period may be reduced for 6
urgent national security requirements. 7
(b) None of the funds provided for the National Intel-8
ligence Program in this or any prior appropriations Act 9
shall be available for obligation or expenditure through a 10
reprogramming or transfer of funds in accordance with 11
section 102A(d) of the National Security Act of 1947 (50 12
U.S.C. 3024(d)) that results in a cumulative increase or 13
decrease of the levels specified in the classified annex ac-14
companying the Act unless the congressional intelligence 15
committees are notified 30 days in advance of such re-16
programming of funds; this notification period may be re-17
duced for urgent national security requirements. 18
S
EC. 8084. (a) Any agency receiving funds made 19
available in this Act, shall, subject to subsections (b) and 20
(c), post on the public website of that agency any report 21
required to be submitted by the Congress in this or any 22
other Act, upon the determination by the head of the agen-23
cy that it shall serve the national interest. 24
(b) Subsection (a) shall not apply to a report if— 25 106
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(1) the public posting of the report com-1
promises national security; or 2
(2) the report contains proprietary information. 3
(c) The head of the agency posting such report shall 4
do so only after such report has been made available to 5
the requesting Committee or Committees of Congress for 6
no fewer than 45 days. 7
S
EC. 8085. (a) None of the funds appropriated or 8
otherwise made available by this Act may be expended for 9
any Federal contract for an amount in excess of 10
$1,000,000, unless the contractor agrees not to— 11
(1) enter into any agreement with any of its 12
employees or independent contractors that requires, 13
as a condition of employment, that the employee or 14
independent contractor agree to resolve through ar-15
bitration any claim under title VII of the Civil 16
Rights Act of 1964 or any tort related to or arising 17
out of sexual assault or harassment, including as-18
sault and battery, intentional infliction of emotional 19
distress, false imprisonment, or negligent hiring, su-20
pervision, or retention; or 21
(2) take any action to enforce any provision of 22
an existing agreement with an employee or inde-23
pendent contractor that mandates that the employee 24
or independent contractor resolve through arbitra-25 107
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tion any claim under title VII of the Civil Rights Act 1
of 1964 or any tort related to or arising out of sex-2
ual assault or harassment, including assault and 3
battery, intentional infliction of emotional distress, 4
false imprisonment, or negligent hiring, supervision, 5
or retention. 6
(b) None of the funds appropriated or otherwise 7
made available by this Act may be expended for any Fed-8
eral contract unless the contractor certifies that it requires 9
each covered subcontractor to agree not to enter into, and 10
not to take any action to enforce any provision of, any 11
agreement as described in paragraphs (1) and (2) of sub-12
section (a), with respect to any employee or independent 13
contractor performing work related to such subcontract. 14
For purposes of this subsection, a ‘‘covered subcon-15
tractor’’ is an entity that has a subcontract in excess of 16
$1,000,000 on a contract subject to subsection (a). 17
(c) The prohibitions in this section do not apply with 18
respect to a contractor’s or subcontractor’s agreements 19
with employees or independent contractors that may not 20
be enforced in a court of the United States. 21
(d) The Secretary of Defense may waive the applica-22
tion of subsection (a) or (b) to a particular contractor or 23
subcontractor for the purposes of a particular contract or 24
subcontract if the Secretary or the Deputy Secretary per-25 108
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sonally determines that the waiver is necessary to avoid 1
harm to national security interests of the United States, 2
and that the term of the contract or subcontract is not 3
longer than necessary to avoid such harm. The determina-4
tion shall set forth with specificity the grounds for the 5
waiver and for the contract or subcontract term selected, 6
and shall state any alternatives considered in lieu of a 7
waiver and the reasons each such alternative would not 8
avoid harm to national security interests of the United 9
States. The Secretary of Defense shall transmit to Con-10
gress, and simultaneously make public, any determination 11
under this subsection not less than 15 business days be-12
fore the contract or subcontract addressed in the deter-13
mination may be awarded. 14
(INCLUDING TRANSFER OF FUNDS) 15
S
EC. 8086. From within the funds appropriated for 16
operation and maintenance for the Defense Health Pro-17
gram in this Act, up to $172,000,000, shall be available 18
for transfer to the Joint Department of Defense-Depart-19
ment of Veterans Affairs Medical Facility Demonstration 20
Fund in accordance with the provisions of section 1704 21
of the National Defense Authorization Act for Fiscal Year 22
2010, Public Law 111–84: Provided, That for purposes 23
of section 1704(b), the facility operations funded are oper-24
ations of the integrated Captain James A. Lovell Federal 25 109
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Health Care Center, consisting of the North Chicago Vet-1
erans Affairs Medical Center, the Navy Ambulatory Care 2
Center, and supporting facilities designated as a combined 3
Federal medical facility as described by section 706 of 4
Public Law 110–417: Provided further, That additional 5
funds may be transferred from funds appropriated for op-6
eration and maintenance for the Defense Health Program 7
to the Joint Department of Defense-Department of Vet-8
erans Affairs Medical Facility Demonstration Fund upon 9
written notification by the Secretary of Defense to the 10
Committees on Appropriations of the House of Represent-11
atives and the Senate. 12
S
EC. 8087. None of the funds appropriated or other-13
wise made available by this Act may be used by the De-14
partment of Defense or a component thereof in contraven-15
tion of the provisions of section 130h of title 10, United 16
States Code. 17
S
EC. 8088. Notwithstanding price or other limita-18
tions applicable to the purchase of passenger carrying ve-19
hicles, appropriations available to the Department of De-20
fense may be used for the purchase of: (1) heavy and light 21
armored vehicles for the physical security of personnel or 22
for force protection purposes up to a limit of $450,000 23
per vehicle; and (2) passenger motor vehicles up to a limit 24
of $75,000 per vehicle for use by military and civilian em-25 110
•S 2587 RS
ployees of the Department of Defense in the United States 1
Central Command area of responsibility. 2
(INCLUDING TRANSFER OF FUNDS) 3
S
EC. 8089. Upon a determination by the Director of 4
National Intelligence that such action is necessary and in 5
the national interest, the Director may, with the approval 6
of the Director of the Office of Management and Budget, 7
transfer not to exceed $1,500,000,000 of the funds made 8
available in this Act for the National Intelligence Pro-9
gram: Provided, That such authority to transfer may not 10
be used unless for higher priority items, based on unfore-11
seen intelligence requirements, than those for which origi-12
nally appropriated and in no case where the item for which 13
funds are requested has been denied by the Congress: Pro-14
vided further, That a request for multiple reprogrammings 15
of funds using authority provided in this section shall be 16
made prior to June 30, 2024. 17
S
EC. 8090. Of the amounts appropriated in this Act 18
for ‘‘Shipbuilding and Conversion, Navy’’, $142,008,000, 19
to remain available for obligation until September 30, 20
2028, may be used for the purchase of two used sealift 21
vessels for the National Defense Reserve Fleet, established 22
under section 11 of the Merchant Ship Sales Act of 1946 23
(46 U.S.C. 57100): Provided, That such amounts are 24
available for reimbursements to the Ready Reserve Force, 25 111
•S 2587 RS
Maritime Administration account of the United States De-1
partment of Transportation for programs, projects, activi-2
ties, and expenses related to the National Defense Reserve 3
Fleet: Provided further, That notwithstanding section 4
2218 of title 10, United States Code, none of these funds 5
shall be transferred to the National Defense Sealift Fund 6
for execution. 7
S
EC. 8091. The Secretary of Defense shall post grant 8
awards on a public website in a searchable format. 9
S
EC. 8092. None of the funds made available by this 10
Act may be used by the National Security Agency to— 11
(1) conduct an acquisition pursuant to section 12
702 of the Foreign Intelligence Surveillance Act of 13
1978 for the purpose of targeting a United States 14
person; or 15
(2) acquire, monitor, or store the contents (as 16
such term is defined in section 2510(8) of title 18, 17
United States Code) of any electronic communica-18
tion of a United States person from a provider of 19
electronic communication services to the public pur-20
suant to section 501 of the Foreign Intelligence Sur-21
veillance Act of 1978. 22
S
EC. 8093. None of the funds made available in this 23
or any other Act may be used to pay the salary of any 24
officer or employee of any agency funded by this Act who 25 112
•S 2587 RS
approves or implements the transfer of administrative re-1
sponsibilities or budgetary resources of any program, 2
project, or activity financed by this Act to the jurisdiction 3
of another Federal agency not financed by this Act with-4
out the express authorization of Congress: Provided, That 5
this limitation shall not apply to transfers of funds ex-6
pressly provided for in Department of Defense Appropria-7
tions Acts, or provisions of Acts providing supplemental 8
appropriations for the Department of Defense. 9
S
EC. 8094. Of the amounts appropriated in this Act 10
for ‘‘Operation and Maintenance, Navy’’, $667,508,000 to 11
remain available until expended, may be used for any pur-12
poses related to the National Defense Reserve Fleet estab-13
lished under section 11 of the Merchant Ship Sales Act 14
of 1946 (46 U.S.C. 57100): Provided, That such amounts 15
are available for reimbursements to the Ready Reserve 16
Force, Maritime Administration account of the United 17
States Department of Transportation for programs, 18
projects, activities, and expenses related to the National 19
Defense Reserve Fleet. 20
S
EC. 8095. (a) None of the funds provided in this 21
Act for the TAO Fleet Oiler program shall be used to 22
award a new contract that provides for the acquisition of 23
the following components unless those components are 24
manufactured in the United States: Auxiliary equipment 25 113
•S 2587 RS
(including pumps) for shipboard services; propulsion 1
equipment (including engines, reduction gears, and propel-2
lers); shipboard cranes; spreaders for shipboard cranes; 3
and anchor chains, specifically for the seventh and subse-4
quent ships of the fleet. 5
(b) None of the funds provided in this Act for the 6
FFG(X) Frigate program shall be used to award a new 7
contract that provides for the acquisition of the following 8
components unless those components are manufactured in 9
the United States: Air circuit breakers; gyrocompasses; 10
electronic navigation chart systems; steering controls; 11
pumps; propulsion and machinery control systems; totally 12
enclosed lifeboats; auxiliary equipment pumps; shipboard 13
cranes; auxiliary chill water systems; and propulsion pro-14
pellers: Provided, That the Secretary of the Navy shall in-15
corporate United States manufactured propulsion engines 16
and propulsion reduction gears into the FFG(X) Frigate 17
program beginning not later than with the eleventh ship 18
of the program. 19
S
EC. 8096. None of the funds provided in this Act 20
for requirements development, performance specification 21
development, concept design and development, ship con-22
figuration development, systems engineering, naval archi-23
tecture, marine engineering, operations research analysis, 24
industry studies, preliminary design, development of the 25 114
•S 2587 RS
Detailed Design and Construction Request for Proposals 1
solicitation package, or related activities for the T– 2
ARC(X) Cable Laying and Repair Ship or the T– 3
AGOS(X) Oceanographic Surveillance Ship may be used 4
to award a new contract for such activities unless these 5
contracts include specifications that all auxiliary equip-6
ment, including pumps and propulsion shafts, are manu-7
factured in the United States. 8
S
EC. 8097. No amounts credited or otherwise made 9
available in this or any other Act to the Department of 10
Defense Acquisition Workforce Development Account may 11
be transferred to: 12
(1) the Rapid Prototyping Fund established 13
under section 804(d) of the National Defense Au-14
thorization Act for Fiscal Year 2016 (10 U.S.C. 15
2302 note); or 16
(2) credited to a military-department specific 17
fund established under section 804(d)(2) of the Na-18
tional Defense Authorization Act for Fiscal Year 19
2016 (as amended by section 897 of the National 20
Defense Authorization Act for Fiscal Year 2017). 21
S
EC. 8098. None of the funds made available by this 22
Act may be used for Government Travel Charge Card ex-23
penses by military or civilian personnel of the Department 24
of Defense for gaming, or for entertainment that includes 25 115
•S 2587 RS
topless or nude entertainers or participants, as prohibited 1
by Department of Defense FMR, Volume 9, Chapter 3 2
and Department of Defense Instruction 1015.10 (enclo-3
sure 3, 14a and 14b). 4
S
EC. 8099. (a) None of the funds made available in 5
this Act may be used to maintain or establish a computer 6
network unless such network is designed to block access 7
to pornography websites. 8
(b) Nothing in subsection (a) shall limit the use of 9
funds necessary for any Federal, State, tribal, or local law 10
enforcement agency or any other entity carrying out crimi-11
nal investigations, prosecution, or adjudication activities, 12
or for any activity necessary for the national defense, in-13
cluding intelligence activities. 14
S
EC. 8100. None of the funds provided for, or other-15
wise made available, in this or any other Act, may be obli-16
gated or expended by the Secretary of Defense to provide 17
motorized vehicles, aviation platforms, munitions other 18
than small arms and munitions appropriate for customary 19
ceremonial honors, operational military units, or oper-20
ational military platforms if the Secretary determines that 21
providing such units, platforms, or equipment would un-22
dermine the readiness of such units, platforms, or equip-23
ment. 24 116
•S 2587 RS
SEC. 8101. (a) None of the funds made available by 1
this or any other Act may be used to enter into a contract, 2
memorandum of understanding, or cooperative agreement 3
with, make a grant to, or provide a loan or loan guarantee 4
to any corporation that has any unpaid Federal tax liabil-5
ity that has been assessed, for which all judicial and ad-6
ministrative remedies have been exhausted or have lapsed, 7
and that is not being paid in a timely manner pursuant 8
to an agreement with the authority responsible for col-9
lecting such tax liability, provided that the applicable Fed-10
eral agency is aware of the unpaid Federal tax liability. 11
(b) Subsection (a) shall not apply if the applicable 12
Federal agency has considered suspension or debarment 13
of the corporation described in such subsection and has 14
made a determination that such suspension or debarment 15
is not necessary to protect the interests of the Federal 16
Government. 17
S
EC. 8102. (a) Amounts appropriated under title IV 18
of this Act, as detailed in budget activity eight of the ta-19
bles of ‘‘Committee Recommended Adjustments’’ in the re-20
port accompanying this Act, may be used for expenses for 21
the agile research, development, test and evaluation, pro-22
curement, production, modification, and operation and 23
maintenance, only for the following Software and Digital 24
Technology Pilot programs— 25 117
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(1) Defensive CYBER (PE 0608041A); 1
(2) Risk Management Information (PE 2
0608013N); 3
(3) Maritime Tactical Command and Control 4
(PE 0608231N); 5
(4) Space Command & Control (PE 6
1208248SF); 7
(5) Global Command and Control System (PE 8
0303150K); and 9
(6) Acquisition Visibility (PE 0608648D8Z). 10
(b) None of the funds appropriated by this or prior 11
Department of Defense Appropriations Acts may be obli-12
gated or expended to initiate additional Software and Dig-13
ital Technology Pilot Programs in fiscal year 2024. 14
S
EC. 8103. None of the funds made available in this 15
Act may be used in contravention of the following laws 16
enacted or regulations promulgated to implement the 17
United Nations Convention Against Torture and Other 18
Cruel, Inhuman or Degrading Treatment or Punishment 19
(done at New York on December 10, 1984): 20
(1) Section 2340A of title 18, United States 21
Code. 22
(2) Section 2242 of the Foreign Affairs Reform 23
and Restructuring Act of 1998 (division G of Public 24
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 25 118
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note) and regulations prescribed thereto, including 1
regulations under part 208 of title 8, Code of Fed-2
eral Regulations, and part 95 of title 22, Code of 3
Federal Regulations. 4
(3) Sections 1002 and 1003 of the Department 5
of Defense, Emergency Supplemental Appropriations 6
to Address Hurricanes in the Gulf of Mexico, and 7
Pandemic Influenza Act, 2006 (Public Law 109– 8
148). 9
S
EC. 8104. Of the amounts appropriated in this Act 10
under the heading ‘‘Operation and Maintenance, Defense- 11
Wide’’, for the Defense Security Cooperation Agency, 12
$300,000,000, to remain available until September 30, 13
2025, shall be for the Ukraine Security Assistance Initia-14
tive: Provided, That such funds shall be available to the 15
Secretary of Defense, with the concurrence of the Sec-16
retary of State, to provide assistance, including training; 17
equipment; lethal assistance; logistics support, supplies 18
and services; salaries and stipends; sustainment; and intel-19
ligence support to the military and national security forces 20
of Ukraine, and to other forces or groups recognized by 21
and under the authority of the Government of Ukraine, 22
including governmental entities within Ukraine, engaged 23
in resisting Russian aggression against Ukraine, for re-24
placement of any weapons or articles provided to the Gov-25 119
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ernment of Ukraine from the inventory of the United 1
States, and to recover or dispose of equipment procured 2
using funds made available in this section in this or prior 3
Acts: Provided further, That the Secretary of Defense 4
shall, not less than 15 days prior to obligating funds made 5
available in this section, notify the congressional defense 6
committees in writing of the details of any such obligation: 7
Provided further, That the Secretary of Defense shall, not 8
more than 60 days after such notification is made, inform 9
such committees if such funds have not been obligated and 10
the reasons therefor: Provided further, That the Secretary 11
of Defense shall consult with such committees in advance 12
of the provision of support provided to other forces or 13
groups recognized by and under the authority of the Gov-14
ernment of Ukraine: Provided further, That the United 15
States may accept equipment procured using funds made 16
available in this section in this or prior Acts transferred 17
to the security forces of Ukraine and returned by such 18
forces to the United States: Provided further, That equip-19
ment procured using funds made available in this section 20
in this or prior Acts, and not yet transferred to the mili-21
tary or national security forces of Ukraine or to other as-22
sisted entities, or returned by such forces or other assisted 23
entities to the United States, may be treated as stocks 24
of the Department of Defense upon written notification 25 120
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to the congressional defense committees: Provided further, 1
That the Secretary of Defense may accept and retain con-2
tributions, including money, personal property, and serv-3
ices, from foreign governments and other entities, to carry 4
out assistance authorized for the Ukraine Security Assist-5
ance Initiative in this section: Provided further, That the 6
Secretary of Defense shall notify the congressional defense 7
committees in writing upon the receipt and upon the obli-8
gation of any contribution, delineating the sources and 9
amounts of the funds received and the specific use of such 10
contributions: Provided further, That contributions of 11
money for the purposes provided herein from any foreign 12
government or other entity may be credited to this ac-13
count, to remain available until September 30, 2025, and 14
used for such purposes: Provided further, That the Sec-15
retary of Defense shall provide quarterly reports to the 16
congressional defense committees on the use and status 17
of funds made available in this section. 18
S
EC. 8105. During the current fiscal year, the De-19
partment of Defense is authorized to incur obligations of 20
not to exceed $350,000,000 for purposes specified in sec-21
tion 2350j(c) of title 10, United States Code, in anticipa-22
tion of receipt of contributions, only from the Government 23
of Kuwait, under that section: Provided, That, such con-24 121
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tributions shall, upon receipt, be credited to the appropria-1
tions or fund which incurred such obligations. 2
S
EC. 8106. Of the amounts appropriated in this Act 3
under the heading ‘‘Operation and Maintenance, Defense- 4
Wide’’, for the Defense Security Cooperation Agency, 5
$1,316,031,000, to remain available until September 30, 6
2025, shall be available for International Security Co-7
operation Programs and other programs to provide sup-8
port and assistance to foreign security forces or other 9
groups or individuals to conduct, support or facilitate 10
counterterrorism, crisis response, or building partner ca-11
pacity programs: Provided, That the Secretary of Defense 12
shall, not fewer than 15 days prior to obligating funds 13
made available in this section, notify the congressional de-14
fense committees in writing of the details of any planned 15
obligation: Provided further, That the Secretary of Defense 16
shall provide quarterly reports to the Committees on Ap-17
propriations of the House of Representatives and the Sen-18
ate on the use and status of funds made available in this 19
section. 20
S
EC. 8107. Of the amounts appropriated in this Act 21
under the heading ‘‘Operation and Maintenance, Defense- 22
Wide’’, for the Defense Security Cooperation Agency, 23
$370,000,000, to remain available until September 30, 24
2025, shall be available to reimburse Jordan, Lebanon, 25 122
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Egypt, Tunisia, and Oman under section 1226 of the Na-1
tional Defense Authorization Act for Fiscal Year 2016 (22 2
U.S.C. 2151 note), for enhanced border security: Pro-3
vided, That the Secretary of Defense shall, not fewer than 4
15 days prior to obligating funds provided under this sec-5
tion, notify the congressional defense committees in writ-6
ing of the details of any planned obligation and the nature 7
of the expenses incurred: Provided further, That the Sec-8
retary of Defense shall provide quarterly reports to the 9
Committees on Appropriations of the House of Represent-10
atives and the Senate on the use and status of funds made 11
available in this section. 12
S
EC. 8108. None of the funds made available by this 13
Act may be used in contravention of the War Powers Res-14
olution (50 U.S.C. 1541 et seq.). 15
S
EC. 8109. None of the funds made available by this 16
Act for excess defense articles, assistance under section 17
333 of title 10, United States Code, or peacekeeping oper-18
ations for the countries designated annually to be in viola-19
tion of the standards of the Child Soldiers Prevention Act 20
of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 21
be used to support any military training or operation that 22
includes child soldiers, as defined by the Child Soldiers 23
Prevention Act of 2008, unless such assistance is other-24 123
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wise permitted under section 404 of the Child Soldiers 1
Prevention Act of 2008. 2
S
EC. 8110. None of the funds made available by this 3
Act may be made available for any member of the Taliban. 4
S
EC. 8111. Notwithstanding any other provision of 5
law, any transfer of funds, appropriated or otherwise made 6
available by this Act, for support to friendly foreign coun-7
tries in connection with the conduct of operations in which 8
the United States is not participating, pursuant to section 9
331(d) of title 10, United States Code, shall be made in 10
accordance with section 8005 of this Act. 11
S
EC. 8112. (a) None of the funds appropriated or 12
otherwise made available by this or any other Act may 13
be used by the Secretary of Defense, or any other official 14
or officer of the Department of Defense, to enter into a 15
contract, memorandum of understanding, or cooperative 16
agreement with, or make a grant to, or provide a loan 17
or loan guarantee to Rosoboronexport or any subsidiary 18
of Rosoboronexport. 19
(b) The Secretary of Defense may waive the limita-20
tion in subsection (a) if the Secretary, in consultation with 21
the Secretary of State and the Director of National Intel-22
ligence, determines that it is in the vital national security 23
interest of the United States to do so, and certifies in writ-24
ing to the congressional defense committees that— 25 124
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(1) Rosoboronexport has ceased the transfer of 1
lethal military equipment to, and the maintenance of 2
existing lethal military equipment for, the Govern-3
ment of the Syrian Arab Republic; 4
(2) the armed forces of the Russian Federation 5
have withdrawn from Ukraine; and 6
(3) agents of the Russian Federation have 7
ceased taking active measures to destabilize the con-8
trol of the Government of Ukraine over eastern 9
Ukraine. 10
(c) The Inspector General of the Department of De-11
fense shall conduct a review of any action involving 12
Rosoboronexport with respect to a waiver issued by the 13
Secretary of Defense pursuant to subsection (b), and not 14
later than 90 days after the date on which such a waiver 15
is issued by the Secretary of Defense, the Inspector Gen-16
eral shall submit to the congressional defense committees 17
a report containing the results of the review conducted 18
with respect to such waiver. 19
(INCLUDING TRANSFER OF FUNDS) 20
S
EC. 8113. In addition to amounts appropriated in 21
title II or otherwise made available elsewhere in this Act, 22
$3,300,000,000 is hereby appropriated to the Department 23
of Defense and made available for transfer to the oper-24
ation and maintenance accounts of the Army, Navy, Ma-25 125
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rine Corps, Air Force, and Space Force (including Na-1
tional Guard and Reserve) for purposes of improving mili-2
tary readiness: Provided, That the transfer authority pro-3
vided under this section is in addition to any other trans-4
fer authority provided elsewhere in this Act: Provided fur-5
ther, That none of the funds provided under this section 6
may be obligated or expended until 30 days after the Sec-7
retary of Defense provides the Committees on Appropria-8
tions of the House of Representatives and the Senate a 9
detailed execution plan for such funds: Provided further, 10
That of the amounts made available under this section, 11
$1,900,000,000 is designated by the Congress as being for 12
an emergency requirement pursuant to section 13
251(b)(2)(A)(i) of the Balanced Budget and Emergency 14
Deficit Control Act of 1985. 15
S
EC. 8114. Equipment procured using funds provided 16
in prior Acts under the heading ‘‘Counterterrorism Part-17
nerships Fund’’ for the program authorized by section 18
1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 19
National Defense Authorization Act for Fiscal Year 2015 20
(Public Law 113–291), or under the heading ‘‘Iraq Train 21
and Equip Fund’’ for the program authorized by section 22
1236 of such Act, and not yet transferred to authorized 23
recipients may be transferred to foreign security forces, 24
irregular forces, groups, or individuals, authorized to re-25 126
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ceive assistance using amounts provided under the heading 1
‘‘Counter-ISIS Train and Equip Fund’’ in this Act: Pro-2
vided, That such equipment may be transferred 15 days 3
following written notification to the congressional defense 4
committees. 5
S
EC. 8115. Of the amounts appropriated in this Act 6
under the heading ‘‘Operation and Maintenance, Defense- 7
Wide’’, for the Defense Security Cooperation Agency, 8
$5,000,000, to remain available until September 30, 2025, 9
shall be for payments to reimburse key cooperating na-10
tions for logistical, military, and other support, including 11
access, provided to United States military and stability op-12
erations to counter the Islamic State of Iraq and Syria: 13
Provided, That such reimbursement payments may be 14
made in such amounts as the Secretary of Defense, with 15
the concurrence of the Secretary of State, and in consulta-16
tion with the Director of the Office of Management and 17
Budget, may determine, based on documentation deter-18
mined by the Secretary of Defense to adequately account 19
for the support provided, and such determination is final 20
and conclusive upon the accounting officers of the United 21
States, and 15 days following written notification to the 22
appropriate congressional committees: Provided further, 23
That these funds may be used for the purpose of providing 24
specialized training and procuring supplies and specialized 25 127
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equipment and providing such supplies and loaning such 1
equipment on a non-reimbursable basis to coalition forces 2
supporting United States military and stability operations 3
to counter the Islamic State of Iraq and Syria, and 15 4
days following written notification to the appropriate con-5
gressional committees: Provided further, That the Sec-6
retary of Defense shall provide quarterly reports to the 7
Committees on Appropriations of the House of Represent-8
atives and the Senate on the use and status of funds made 9
available in this section. 10
S
EC. 8116. (a) Within 45 days of enactment of this 11
Act, the Secretary of Defense shall allocate amounts made 12
available from the Creating Helpful Incentives to Produce 13
Semiconductors (CHIPS) for America Defense Fund for 14
fiscal year 2024 pursuant to the transfer authority in sec-15
tion 102(b)(1) of the CHIPS Act of 2022 (division A of 16
Public Law 117–167), to the account specified, in the 17
amounts specified, and for the projects and activities spec-18
ified, in the table titled ‘‘Department of Defense Alloca-19
tion of Funds: CHIPS and Science Act Fiscal Year 2024’’ 20
in the report accompanying this Act. 21
(b) Neither the President nor his designee may allo-22
cate any amounts that are made available for any fiscal 23
year under section 102(b)(2) of the CHIPS Act of 2022 24
if there is in effect an Act making or continuing appro-25 128
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priations for part of a fiscal year for the Department of 1
Defense: Provided, That in any fiscal year, the matter pre-2
ceding this proviso shall not apply to the allocation, appor-3
tionment, or allotment of amounts for continuing adminis-4
tration of programs allocated using funds transferred from 5
the CHIPS for America Defense Fund, which may be allo-6
cated pursuant to the transfer authority in section 7
102(b)(1) of the CHIPS Act of 2022 only in amounts that 8
are no more than the allocation for such purposes in sub-9
section (a) of this section. 10
(c) The Secretary of Defense may reallocate funds 11
allocated by subsection (a) of this section, subject to the 12
terms and conditions contained in the provisos in section 13
8005 of this Act: Provided, That amounts may be reallo-14
cated pursuant to this subsection only for those require-15
ments necessary to carry out section 9903(b) of the Wil-16
liam M. (Mac) Thornberry National Defense Authoriza-17
tion Act for Fiscal Year 2021 (Public Law 116–283). 18
(d) Concurrent with the annual budget submission of 19
the President for fiscal year 2025, the Secretary of De-20
fense shall submit to the Committees on Appropriations 21
of the House of Representatives and the Senate proposed 22
allocations by account and by program, project, or activity, 23
with detailed justifications, for amounts made available 24 129
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under section 102(b)(2) of the CHIPS Act of 2022 for 1
fiscal year 2025. 2
(e) The Department of Defense shall provide the 3
Committees on Appropriations of the House of Represent-4
atives and Senate quarterly reports on the status of bal-5
ances of projects and activities funded by the CHIPS for 6
America Defense Fund for amounts allocated pursuant to 7
subsection (a) of this section, including all uncommitted, 8
committed, and unobligated funds. 9
S
EC. 8117. The total amount appropriated or other-10
wise made available in title II of this Act is hereby reduced 11
by $400,000,000 to limit excessive growth in the procure-12
ment of advisory and assistance services, to be distributed 13
as follows: 14
‘‘Operation and Maintenance, Army’’, 15
$110,000,000; 16
‘‘Operation and Maintenance, Navy’’, 17
$55,000,000; 18
‘‘Operation and Maintenance, Marine Corps’’, 19
$42,000,000; 20
‘‘Operation and Maintenance, Air Force’’, 21
$62,000,000; 22
‘‘Operation and Maintenance, Space Force’’, 23
$8,000,000; 24 130
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‘‘Operation and Maintenance, Defense-Wide’’, 1
$113,000,000; and 2
‘‘Operation and Maintenance, Army National 3
Guard’’, $10,000,000: 4
Provided, That this section shall not apply to appropria-5
tions for the National Intelligence Program and Military 6
Intelligence Program. 7
S
EC. 8118. The total amount appropriated or other-8
wise made available in title II of this Act is hereby reduced 9
by $100,000,000 to reflect savings attributable to effi-10
ciencies and management improvements in the funding of 11
miscellaneous or other contracts in the military depart-12
ments, as follows: 13
‘‘Operation and Maintenance, Army’’, 14
$21,000,000; 15
‘‘Operation and Maintenance, Navy’’, 16
$25,000,000; 17
‘‘Operation and Maintenance, Marine Corps’’, 18
$3,500,000; 19
‘‘Operation and Maintenance, Air Force’’, 20
$22,000,000; 21
‘‘Operation and Maintenance, Space Force’’, 22
$1,700,000; and 23
‘‘Operation and Maintenance, Defense-Wide’’, 24
$26,800,000: 25 131
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Provided, That this section shall not apply to appropria-1
tions for the National Intelligence Program and Military 2
Intelligence Program. 3
S
EC. 8119. Of the funds appropriated in this Act 4
under the heading ‘‘Operation and Maintenance, Defense- 5
Wide’’, $47,000,000 shall be for continued implementation 6
and expansion of the Sexual Assault Special Victims’ 7
Counsel Program: Provided, That the funds are made 8
available for transfer to the Department of the Army, the 9
Department of the Navy, and the Department of the Air 10
Force: Provided further, That funds transferred shall be 11
merged with and available for the same purposes and for 12
the same time period as the appropriations to which the 13
funds are transferred: Provided further, That this transfer 14
authority is in addition to any other transfer authority 15
provided in this Act. 16
S
EC. 8120. None of the funds made available by this 17
Act may be used to support any activity conducted by, 18
or associated with, the Wuhan Institute of Virology. 19
S
EC. 8121. None of the funds made available by this 20
Act may be used to fund any work to be performed by 21
EcoHealth Alliance, Inc. in China on research supported 22
by the government of China unless the Secretary of De-23
fense determines that a waiver to such prohibition is in 24
the national security interests of the United States and, 25 132
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not later than 14 days after granting such a waiver, sub-1
mits to the congressional defense committees a detailed 2
justification for the waiver, including— 3
(1) an identification of the Department of De-4
fense entity obligating or expending the funds; 5
(2) an identification of the amount of such 6
funds; 7
(3) an identification of the intended purpose of 8
such funds; 9
(4) an identification of the recipient or prospec-10
tive recipient of such funds (including any third- 11
party entity recipient, as applicable); 12
(5) an explanation for how the waiver is in the 13
national security interests of the United States; and 14
(6) any other information the Secretary deter-15
mines appropriate. 16
S
EC. 8122. None of the funds appropriated or other-17
wise made available in this or any other Act may be used 18
to transfer, release, or assist in the transfer or release to 19
or within the United States, its territories, or possessions 20
Khalid Sheikh Mohammed or any other detainee who— 21
(1) is not a United States citizen or a member 22
of the Armed Forces of the United States; and 23 133
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(2) is or was held on or after June 24, 2009, 1
at United States Naval Station, Guantanamo Bay, 2
Cuba, by the Department of Defense. 3
S
EC. 8123. None of the funds appropriated or other-4
wise made available in this Act may be used to transfer 5
any individual detained at United States Naval Station 6
Guantanamo Bay, Cuba, to the custody or control of the 7
individual’s country of origin, any other foreign country, 8
or any other foreign entity except in accordance with sec-9
tion 1034 of the National Defense Authorization Act for 10
Fiscal Year 2016 (Public Law 114–92) and section 1035 11
of the John S. McCain National Defense Authorization 12
Act for Fiscal Year 2019 (Public Law 115–232). 13
S
EC. 8124. (a) None of the funds appropriated or 14
otherwise made available in this or any other Act may be 15
used to construct, acquire, or modify any facility in the 16
United States, its territories, or possessions to house any 17
individual described in subsection (c) for the purposes of 18
detention or imprisonment in the custody or under the ef-19
fective control of the Department of Defense. 20
(b) The prohibition in subsection (a) shall not apply 21
to any modification of facilities at United States Naval 22
Station, Guantanamo Bay, Cuba. 23 134
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(c) An individual described in this subsection is any 1
individual who, as of June 24, 2009, is located at United 2
States Naval Station, Guantanamo Bay, Cuba, and who— 3
(1) is not a citizen of the United States or a 4
member of the Armed Forces of the United States; 5
and 6
(2) is— 7
(A) in the custody or under the effective 8
control of the Department of Defense; or 9
(B) otherwise under detention at United 10
States Naval Station, Guantanamo Bay, Cuba. 11
S
EC. 8125. None of the funds made available by this 12
Act may be used to carry out the closure or realignment 13
of the United States Naval Station, Guantanamo Bay, 14
Cuba. 15
S
EC. 8126. The Secretary of the Navy shall continue 16
to provide pay and allowances to Lieutenant Ridge 17
Alkonis, United States Navy, until such time as the Sec-18
retary of the Navy makes a determination with respect 19
to the separation of Lieutenant Alkonis from the Navy. 20
S
EC. 8127. Grants pursuant to section 8120 of the 21
Department of Defense Appropriations Act, 2022 (division 22
C of Public Law 117–103) to communities impacted by 23
military aviation noise for the purpose of installing noise 24
mitigating insulation at covered facilities may also provide 25 135
•S 2587 RS
for the installation of air conditioning that complements 1
noise mitigating insulation at such facilities. 2
S
EC. 8128. During their period of availability, 3
amounts appropriated for the Afghanistan Security Forces 4
Fund in section 124 of the Continuing Appropriations 5
Act, 2023 (division A of Public Law 117–180) may be 6
charged for any proper expense for contract closeouts pur-7
suant to section 1553(b)(1) of title 31, United States 8
Code, notwithstanding the limitation in section 1553(b)(2) 9
of such title. 10
S
EC. 8129. None of the funds appropriated or other-11
wise made available by this or any other Act may be obli-12
gated to integrate an alternative engine on any F-35 air-13
craft. 14
S
EC. 8130. None of the funds provided in this or any 15
prior Department of Defense Appropriations Act shall be 16
available for obligation or expenditure for the Department 17
of Defense to— 18
(1) Implement paragraphs (1)(B) and (2)(B) of 19
section 834(d) of S. 2226, the National Defense Au-20
thorization Act for Fiscal Year 2024, as reported by 21
the Senate Armed Services Committee; or 22
(2) Provide loans, loan guarantees, or equity in-23
vestments to any entity unless the authority to pro-24
vide such assistance is pursuant to either chapter 55 25 136
•S 2587 RS
of title 50, United States Code, or section 831 of S. 1
2226, the National Defense Authorization Act for 2
Fiscal Year 2024, as reported by the Senate Armed 3
Services Committee. 4
S
EC. 8131. The Secretary of Defense may use up to 5
$650,000,000 of the amounts appropriated or otherwise 6
made available in this Act to the Department of Defense 7
for the rapid acquisition and deployment of supplies and 8
associated support services pursuant to section 3601 of 9
title 10, United States Code, but only for the purposes 10
specified in clauses (i), (ii), (iii), and (iv) of subsection 11
(c)(3)(B) of such section and subject to the applicable lim-12
its specified in clauses (i), (ii), and (iii) of such subsection 13
and, in the case of clause (iv) of such subsection, subject 14
to a limit of $50,000,000: Provided, That the Secretary 15
of Defense shall notify the congressional defense commit-16
tees promptly of all uses of this authority. 17
(INCLUDING TRANSFER OF FUNDS) 18
S
EC. 8132. In addition to amounts appropriated in 19
title III, title IV, or otherwise made available elsewhere 20
in this Act, $1,500,000,000 is hereby appropriated to the 21
Department of Defense and made available for transfer 22
to the procurement and research, development, test and 23
evaluation accounts of the Army, Navy, Marine Corps, Air 24
Force, and Space Force to reflect revised economic as-25 137
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sumptions: Provided, That the transfer authority provided 1
under this section is in addition to any other transfer au-2
thority provided elsewhere in this Act: Provided further, 3
That none of the funds provided under this section may 4
be obligated or expended until 30 days after the Secretary 5
of Defense provides the Committees on Appropriations of 6
the House of Representatives and the Senate a detailed 7
execution plan for such funds: Provided further, That the 8
amounts made available under this section are designated 9
by the Congress as being for an emergency requirement 10
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-11
et and Emergency Deficit Control Act of 1985. 12
(INCLUDING TRANSFER OF FUNDS) 13
S
EC. 8133. In addition to amounts made available 14
elsewhere in this Act, $2,000,000,000 is hereby appro-15
priated to the Department of Defense and made available 16
for transfer to the operation and maintenance, procure-17
ment, and research, development, test and evaluation ac-18
counts of the Army, Navy, Marine Corps, Air Force, Space 19
Force, and agencies of the Department of Defense, only 20
to address unfunded priorities of the armed forces and 21
combatant commands for fiscal year 2024 (as submitted 22
to Congress pursuant to section 222a of title 10, United 23
States Code) with submission of the budget of the Presi-24
dent for fiscal year 2024 (as submitted to Congress pursu-25 138
•S 2587 RS
ant to section 1105 of title 31, United States Code), as 1
identified in the report accompanying this Act: Provided, 2
That the transfer authority provided under this section is 3
in addition to any other transfer authority provided else-4
where in this Act: Provided further, That none of the funds 5
provided under this section may be obligated or expended 6
until 30 days after the Secretary of Defense, through the 7
Under Secretary of Defense (Comptroller) provides the 8
Committees on Appropriations of the House of Represent-9
atives and the Senate a detailed execution plan for such 10
funds: Provided further, That the amounts made available 11
under this section are designated by the Congress as being 12
for an emergency requirement pursuant to section 13
251(b)(2)(A)(i) of the Balanced Budget and Emergency 14
Deficit Control Act of 1985. 15
(INCLUDING TRANSFER OF FUNDS) 16
S
EC. 8134. In addition to amounts made available 17
elsewhere in this Act, $1,000,000,000 is hereby appro-18
priated to the Department of Defense and made available 19
for transfer to the procurement and research, develop-20
ment, test and evaluation accounts of the Army, Navy, 21
Marine Corps, Air Force, and Space Force to address de-22
fense industrial base capacity and workforce shortfalls: 23
Provided, That the transfer authority provided under this 24
section is in addition to any other transfer authority pro-25 139
•S 2587 RS
vided elsewhere in this Act: Provided further, That none 1
of the funds provided under this section may be obligated 2
or expended until 30 days after the Secretary of Defense 3
provides the Committees on Appropriations of the House 4
of Representatives and the Senate a detailed execution 5
plan for such funds: Provided further, That the amounts 6
made available under this section are designated by the 7
Congress as being for an emergency requirement pursuant 8
to section 251(b)(2)(A)(i) of the Balanced Budget and 9
Emergency Deficit Control Act of 1985. 10
(INCLUDING TRANSFER OF FUNDS) 11
S
EC. 8135. Notwithstanding any other provision of 12
this Act, to reflect higher than anticipated fuel costs, the 13
total amount appropriated in title II of this Act is hereby 14
increased by $500,000,000: Provided, That the amounts 15
made available under this section are designated by the 16
Congress as being for an emergency requirement pursuant 17
to section 251(b)(2)(A)(i) of the Balanced Budget and 18
Emergency Deficit Control Act of 1985. 19
(INCLUDING TRANSFER OF FUNDS) 20
S
EC. 8136. In addition to amounts made available 21
elsewhere in this Act, $1,100,000,000, to remain available 22
until September 30, 2025, is hereby appropriated to ‘‘Op-23
eration and Maintenance, Defense-Wide’’ in order to assist 24
and support the armed forces of Taiwan: Provided, That 25 140
•S 2587 RS
funds may be transferred to accounts under the headings 1
‘‘Operation and Maintenance’’ and ‘‘Procurement’’ for re-2
placement of defense articles from the stocks of the De-3
partment of Defense, defense services of the Department 4
of Defense, and military education and training provided 5
to Taiwan: Provided further, That the Secretary of De-6
fense shall notify the congressional defense committees of 7
the details of such transfers not less than 15 days before 8
any such transfer: Provided further, That upon a deter-9
mination that all or part of the funds transferred from 10
this appropriation are not necessary for the purposes pro-11
vided herein, such amounts may be transferred back and 12
merged with this appropriation: Provided further, That the 13
transfer authority provided under this section is in addi-14
tion to any other transfer authority provided elsewhere in 15
this Act: Provided further, That the amounts made avail-16
able under this section are designated by the Congress as 17
being for an emergency requirement pursuant to section 18
251(b)(2)(A)(i) of the Balanced Budget and Emergency 19
Deficit Control Act of 1985. 20
S
EC. 8137. Each amount designated in this Act by 21
the Congress as an emergency requirement pursuant to 22
section 251(b)(2)(A)(i) of the Balanced Budget and 23
Emergency Deficit Control Act of 1985 shall be available 24
(or rescinded, if applicable) only if the President subse-25 141
•S 2587 RS
quently so designates all such amounts and transmits such 1
designations to the Congress. 2
S
EC. 8138. None of the funds made available by this 3
Act may be used to provide for a Confucius Institute 4
Waiver Program at the Department of Defense, or for the 5
processing or consideration of such a waiver. 6
This Act may be cited as the ‘‘Department of Defense 7
Appropriations Act, 2024’’. 8 Calendar No.
181
118
TH
CONGRESS
1
ST
S
ESSION
S. 2587
[Report No. 118–81]
A BILL
Making appropriations for the Department of De-
fense for the fiscal year ending September 30,
2024, and for other purposes.
J
ULY
27, 2023
Read twice and placed on the calendar