H.R. 9495 — Department of Defense Appropriations Act, 2027

This section waives, for the current fiscal year, statutory prohibitions on the employment of and compensation to noncitizens by the Department of Defense. It limits salary increases for direct and indirect hire foreign national employees to the higher of the percentage increase authorized for Department of Defense civilian employees under 5 U.S.C. 5332 or the host nation's increase, except for employees at diplomatic missions and those in Turkey.

This section limits to 20 percent the share of appropriations in the Act that may be obligated during the final two months of the fiscal year. It exempts obligations for active duty training of reserve components and Reserve Officers' Training Corps summer camp training.

This section authorizes the Secretary of Defense, with OMB approval, to transfer up to $3 billion from Department of Defense working capital funds or other appropriations (except military construction) between accounts for the same purposes and time periods. Transfers must address higher-priority unforeseen military requirements, and the Secretary must notify Congress of all such transfers. Requests for multiple reprogrammings under this authority must be submitted by June 30, 2027.

This section requires obligation and expenditure of amounts for listed programs, projects, and activities to follow the project-level adjustment tables and classified annex exactly as if included in the Act. It exempts those amounts from subdivision treatment under section 8005, applies inter-account transfer rules with the dollar limit waived when necessary for execution, and restricts title III and IV transfers to proper execution only during the current fiscal year.

This section directs the Department of Defense to submit a report to the congressional defense committees within 60 days of enactment establishing the baseline for fiscal year 2027 reprogramming and transfer authorities. The report must include tables showing the President’s budget request, congressional adjustments, rescissions, enacted levels by budget activity and program, project, and activity, and items of special congressional interest. It prohibits reprogramming or transfers of funds provided in the Act until the report is submitted, unless the Secretary certifies an emergency requirement, except from the Environmental Restoration accounts and the Drug Interdiction and Counter-drug Activities account.

This section limits cash balances in Department of Defense working capital funds to amounts necessary for cash disbursements during the current fiscal year. It authorizes transfers between such funds and to the Foreign Currency Fluctuations, Defense and Operation and Maintenance accounts, subject to congressional notification, and bars obligations to procure or increase war reserve material inventory beyond amounts appropriated in this Act without prior notification.

This section limits the use of funds appropriated by this Act to initiate or materially modify the scope of a special access program without providing 30 calendar days' prior notification to the congressional defense committees.

This section prohibits the Department of Defense from initiating multiyear procurement contracts exceeding $20 million in economic order quantity procurement or unfunded contingent liability, or $500 million in total value, without 30-day advance notification to the congressional defense committees. It requires full funding of the government's liability, present value analysis to confirm lowest cost versus annual procurement, and 30-day notification before termination. New contracts executed after enactment must include full funding in the budget request, bar advance payments and certain price adjustments, and exclude recurring manufacturing costs from cancellation provisions. It authorizes multiyear contracts for John Lewis class Oilers; Standard Missile–6, Long Range Anti-Ship Missile, Joint Air-to-Surface Standoff Missile Extended Range, Advanced Medium-Range Air-to-Air Missile, Standard Missile–3 Block 1B, Joint Advanced Tactical Missile, Precision Strike Missile, and Standard Missile–3 IIA (up to five years); PATRIOT Advanced Capability–3 Missile Segment Enhancement, Terminal High Altitude Area Defense, and Tomahawk Cruise Missile Systems (up to seven years); and Family of Affordable Mass Missiles, Ground-Launched Low-Cost Cruise Missile Systems, and Low-cost hypersonic strike systems (up to three years), subject to a 30-day certification of completed testing for the final three systems.

This section appropriates funds within Armed Forces operation and maintenance accounts for humanitarian and civic assistance costs under section 401 of title 10, United States Code. It authorizes the use of such funds for Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia under the Compact of Free Association. It permits the Secretary of Defense to provide nonreimbursable medical services and transportation at Defense Health Agency facilities in Hawaii to civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam when beneficial for graduate medical education programs.

This section limits the use of funds in the Defense Modernization Account to the purposes in 10 U.S.C. § 3136(d)(1) through (d)(4). It also bars transfers of any program increases identified in the report's Explanation of Project Level Adjustments tables into the account.

This section prohibits the use of any funds made available by this Act to influence congressional action on legislation or appropriation matters pending before Congress.

This section prohibits the Department of Defense from using funds provided in this Act, other than for necessary or routine refurbishments, upgrades, or maintenance, to reduce or prepare to reduce the number of deployed and non-deployed strategic delivery vehicles and launchers below the levels set forth in the report submitted to Congress under section 1042 of the National Defense Authorization Act for Fiscal Year 2012.

This section authorizes the transfer of funds appropriated in title III for the Department of Defense Pilot Mentor-Protégé Program to any other appropriation in the Act solely to implement developmental assistance agreements under section 4902 of title 10, United States Code. It requires the Secretary of Defense to describe each such transfer from the prior fiscal year in the budget justification documents submitted for fiscal year 2028.

This section prohibits the Department of Defense from using funds in the Act to purchase welded shipboard anchor and mooring chain unless the chain is manufactured in the United States from components substantially manufactured in the United States. Manufacturing includes cutting, heat treating, quality control, testing, and welding. The Secretary of the procuring military department may waive the restriction on a case-by-case basis by certifying in writing to the House and Senate Appropriations Committees that the acquisition is required for national security capability.

This section prohibits the use of funds appropriated by this Act to support Department of Defense nonappropriated fund activities that procure malt beverages and wine for resale on U.S. military installations unless the beverages are purchased within the state (or the District of Columbia) where the installation is located. It extends the local procurement requirement to all alcoholic beverages only for installations in non-contiguous states and requires other alcoholic beverages to be obtained from the most competitive source in contiguous states and the District of Columbia.

This section prohibits the Department of Defense from using funds to demilitarize or dispose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or M–1911 pistols. It also bars the demilitarization or destruction of small arms ammunition or components eligible for commercial sale under Federal law, unless the Secretary of the Army certifies them as unserviceable or unsafe.

This section limits to $500,000 the funds appropriated in this Act that may be used in a single fiscal year for any single relocation of a Department of Defense organization, unit, activity, or function into or within the National Capital Region. The Secretary of Defense may waive the limit on a case-by-case basis by certifying in writing to the congressional defense committees that the relocation is required in the best interest of the Government.

This section provides $41,821,000 from Defense-Wide procurement funds solely for incentive payments under section 504 of the Indian Financing Act of 1974 to prime contractors and subcontractors that award subcontracts exceeding $500,000 to Native American-owned businesses or suppliers. It extends eligibility for such payments to all Department of Defense acquisitions of supplies or services, including commercial items.

This section authorizes the Secretary of the Air Force to convey, at no cost, excess relocatable military housing units at Grand Forks, Malmstrom, Mountain Home, Ellsworth, and Minot Air Force Bases to Indian tribes in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. The Operation Walking Shield Program submits the requests on behalf of the tribes, resolves any conflicts among them, and ensures removal of the units within a reasonable time.

This section makes available not less than $12 million from Operation and Maintenance, Defense-Wide funds solely for mitigating environmental impacts on Indian lands from Department of Defense activities. It covers training and technical assistance to tribes, administrative support, information gathering, damage documentation, and development of a prioritization system with cost-to-complete estimates.

This section provides not less than $87.1 million for the Civil Air Patrol Corporation, including $62.2 million from Operation and Maintenance, Air Force for operations, readiness, counter-drug activities, and youth drug demand reduction programs; $21.5 million from Aircraft Procurement, Air Force; and $3.4 million from Other Procurement, Air Force for vehicle procurement. It recommends that the Secretary of the Air Force waive reimbursement for counter-drug activities supporting federal, state, and local agencies.

This section prohibits the use of funds to establish any new Department of Defense federally funded research and development center. It bars compensation from appropriated funds for board members or consultants of defense FFRDCs, except for travel expenses and per diem, and limits paid consultants to compensation from only one FFRDC per year. It also prohibits funds for off-installation construction, government grant cost-sharing, contract overruns, and certain charitable contributions. It caps professional technical staff costs at $3,030,615,000, including $484,365,000 for defense studies and analysis FFRDCs, and requires the Secretary to submit a report on staff allocations with the FY2028 budget request.

This section defines "congressional defense committees" for purposes of the Act as the House and Senate Armed Services Committees and the Defense Subcommittees of the House and Senate Appropriations Committees.

This section defines congressional intelligence committees for purposes of the Act as the House Permanent Select Committee on Intelligence, the Senate Select Committee on Intelligence, the House Appropriations Subcommittee on Defense, and the Senate Appropriations Subcommittee on Defense.

This section authorizes the Department of Defense to acquire modification, depot maintenance, and repair of aircraft, vehicles, and vessels, as well as production of components and other defense-related articles, through competitions between its depot maintenance activities and private firms during the current fiscal year. It requires the Senior Acquisition Executive of the military department or Defense Agency to certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids and exempts such competitions from Office of Management and Budget Circular A–76.

This section requires Department of Defense entities to comply with the Buy American Act when expending funds appropriated in this Act. It directs the Secretary of Defense to consider debarring from Department of Defense contracts any person convicted of affixing a false “Made in America” label. It expresses the sense of Congress that such entities purchase American-made equipment and products when cost-competitive, quality-competitive, and available in a timely manner.

This section prohibits the use of funds appropriated in this Act to procure carbon, alloy, or armor steel plate for Department of Defense facilities or property unless melted and rolled in the United States or Canada. It applies the restriction to all Federal Supply Class 9515 and ASTM or AISI specifications of such plate. The Secretary of the responsible military department may waive the restriction case-by-case by certifying in writing to the House and Senate Appropriations Committees that adequate domestic supplies are unavailable on a timely basis and the acquisition is required for national security capability. The restriction does not apply to contracts in effect on the date of enactment.

This section requires the Secretary of Defense to rescind the blanket waiver of the Buy American Act for specified products from a foreign country if the Secretary determines, after consultation with the United States Trade Representative, that the country has violated a reciprocal defense procurement memorandum of understanding by discriminating against United States products. It also requires the Secretary to report to Congress on the dollar value of Department of Defense purchases from foreign entities in fiscal year 2027, including items for which the Buy American Act was waived under such agreements, the Trade Agreements Act of 1979, or other international agreements.

This section prohibits the use of funds appropriated by this Act to procure ball and roller bearings other than those produced by a domestic source and of domestic origin. It authorizes the Secretary of the responsible military department to waive the restriction on a case-by-case basis upon written certification to the House and Senate Appropriations Committees that domestic supplies are unavailable on a timely basis and the acquisition is required for national security capability. The restriction does not apply to commercial products, except when purchased as end items.

This section prohibits the use of funds in the Act to purchase any supercomputer not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that the acquisition is required to obtain a national security capability unavailable from United States manufacturers.

This section authorizes the Secretary of Defense to waive, on a case-by-case basis, statutory limitations on procuring defense items from a foreign country if the limitation would invalidate cooperative programs or reciprocal trade agreements with that country and the country does not discriminate against comparable U.S.-produced items. The authority applies to contracts and subcontracts entered into after enactment and to certain post-enactment option exercises, but excludes limitations on public vessels, ball and roller bearings, food, clothing, textiles, and items under specified Harmonized Tariff Schedule headings.

This section limits the use of funds appropriated for the Department of Defense, in this Act or any subsequent Act, for the purchase or manufacture of United States flags unless the flags are treated as covered items under the Berry Amendment (10 U.S.C. 4862(b)).

This section makes amounts in the Department of Defense Overseas Military Facility Investment Recovery Account available until expended for payments specified under section 2687a(b)(2) of title 10, United States Code, during the current fiscal year.

This section permits the Department of Defense to use operation and maintenance appropriations during the current fiscal year to purchase items with a unit cost of up to $350,000. It further allows such purchases up to $500,000 per unit when the Secretary of Defense determines the items are needed to meet operational requirements of a combatant command in a named overseas contingency operation.

This section makes available up to $18 million from Operation and Maintenance, Navy funds for the Asia Pacific Regional Initiative Program. It allows the United States Indo-Pacific Command to conduct Theater Security Cooperation activities, including humanitarian assistance and payment of incremental and personnel costs for training and exercises with foreign security forces, notwithstanding other authorities for such activities, but bars use of the funds for any country otherwise prohibited from receiving the assistance.

This section directs the Secretary of Defense to issue regulations prohibiting the sale of tobacco or tobacco-related products in military resale outlets in the United States, its territories, and possessions below the most competitive local community price. It requires overseas military retail outlets to set prices for such products within the range established for United States military stores.

This section prohibits the Department of Defense from using Working Capital Funds to purchase investment items for new inventory if the items would not have been chargeable to the Business Operations Fund in fiscal year 1994 and would instead be funded through procurement appropriations in the current fiscal year. It also requires the fiscal year 2028 Department of Defense budget request and supporting materials to classify end-item equipment funded in procurement appropriations as budgeted in those accounts rather than in the supply management business area or other Working Capital Funds categories.

This section limits funds appropriated for Central Intelligence Agency programs to the current fiscal year, except for the Reserve for Contingencies, which remains available until September 30, 2028. It makes funds for the Central Services Working Capital Fund available until expended, funds for advanced research and development acquisition, agent operations, and covert actions available until September 30, 2028, and funds for facility construction, improvement, or alteration available until September 30, 2029.

This section prohibits the use of funds made available by this Act to establish a field operating agency or to pay the basic pay of Armed Forces members or Department of Defense civilian employees transferred or reassigned from a headquarters activity when their duty station remains unchanged. It authorizes the Secretary of Defense or a military department Secretary to waive these limits on a case-by-case basis upon certification to the House and Senate Appropriations Committees that the waiver reduces personnel or financial requirements, and it exempts field operating agencies funded under the National Intelligence Program as well as specified Army and Air Force agencies handling improvised explosive devices, biometrics, and mortuary affairs.

This section limits the conversion of Department of Defense activities performed by civilian employees to contractor performance by prohibiting the use of appropriated funds unless the conversion follows a public-private competition, achieves savings of at least 10 percent of personnel-related costs or $10,000,000 (whichever is less), and does not rely on reduced employer health insurance contributions. It exempts conversions to qualified nonprofit agencies serving the blind or severely handicapped, or to firms at least 51 percent owned by Indian tribes or Native Hawaiian organizations, from these restrictions and from certain other competition requirements, while excluding depot maintenance contracts.

This section rescinds $19,165,000 from Procurement of Ammunition, Army (2025/2027); $20,000,000 from the Counter-Islamic State of Iraq and Syria Train and Equip Fund (2026/2027); $45,000,000 from Other Procurement, Army (2026/2028); $84,000,000 from Research, Development, Test and Evaluation, Army (2026/2027); $94,200,000 from Research, Development, Test and Evaluation, Navy (2026/2027); and $142,800,000 from Research, Development, Test and Evaluation, Defense-Wide (2026/2027). It bars rescission of any congressionally designated emergency funds.

This section prohibits the use of funds to reduce authorized positions for military technicians (dual status) in the Army National Guard, Air National Guard, Army Reserve, and Air Force Reserve to meet administratively imposed civilian personnel ceilings, freezes, or reductions, unless the reductions result directly from a reduction in military force structure.

This section prohibits the obligation or expenditure of funds appropriated in this Act for assistance to the Democratic People's Republic of Korea unless specifically appropriated for that purpose. It exempts activities incidental to the Defense POW/MIA Accounting Agency mission to recover and identify the remains of United States Armed Forces personnel from North Korea.

This section prohibits the transfer of funds available to the Department of Defense or the Central Intelligence Agency for drug interdiction or counter-drug activities to any other department or agency, except as specifically provided in an appropriations law.

This section provides an additional $60 million to the Department of Defense for grants of $30 million to the United Service Organizations and $30 million to the Red Cross, upon the Secretary of Defense's determination that the grants serve the national interest.

This section requires the Small Business Innovation Research program and Small Business Technology Transfer program set-asides to be taken proportionally from all Department of Defense programs, projects, or activities that contribute to the extramural budget. It directs the Secretary of each military department, the Director of each Defense Agency, and the head of each other relevant Department of Defense component to submit an annual report to the congressional defense committees with a detailed accounting of those set-asides from the most recently completed fiscal year, concurrent with submission of budget justification documents under 31 U.S.C. 1105.

This section prohibits the Department of Defense from obligating or expending funds under this Act to reimburse a contractor for any bonus or amount paid to an employee in excess of normal salary when the payment forms part of restructuring costs associated with a business combination.

This section permits the transfer of up to $30 million from Operation and Maintenance, Defense-Wide appropriations to military personnel pay accounts. The funds support eligible organizations and activities outside the Department of Defense under 10 U.S.C. 2012 during the current fiscal year.

This section authorizes the Chief of the National Guard Bureau to permit any person or entity to use equipment of the National Guard Distance Learning Project on a space-available, reimbursable basis, with reimbursement amounts set case-by-case. It credits collected amounts to project funds and makes those funds available without fiscal year limitation to defray associated costs.

This section prohibits the obligation or expenditure of any funds to retire, prepare to retire, or place in storage any C–40 aircraft. It creates an exception for an individual aircraft the Secretary of the Air Force determines, on a case-by-case basis, is no longer mission capable due to a Class A mishap, requires written certification of that determination to the congressional defense committees, and directs the Secretary of Defense to report within 90 days on steps to meet congressional and Cabinet travel requirements in fiscal years 2027 and 2028.

This section prohibits the use of title IV funds to procure end-items for delivery to military forces for operational training, operational use, or inventory requirements, except for development, prototyping, and test activities. It requires the Under Secretaries of Defense for Research and Engineering and for Acquisition and Sustainment to certify in writing to the congressional defense committees any bona fide need for excess end-items at the time of the FY2028 budget submission, mandates a detailed report on the use of research, development, test, and evaluation funds for such end-items along with a compliance certification, and authorizes case-by-case waivers upon written certification to the House and Senate Appropriations Subcommittees on Defense.

This section prohibits the obligation or expenditure of funds from Department of Defense Appropriations Acts for repairs or maintenance of military family housing units, including areas used for official business.

This section requires the Department of Defense to submit a written report to the congressional defense committees, including a project description, planned acquisition and transition strategy, and estimated annual and total costs, at least 15 days before obligating more than $5 million for any new start demonstration project under the Defense Innovation Acceleration (PE 0603838D8Z) or Rapid Prototyping Program (PE 0604331D8Z). The Secretary of Defense may waive the restriction on a case-by-case basis by certifying to the committees that it is in the national interest.

This section directs the Secretary of Defense to continue submitting a classified quarterly report to the House and Senate Appropriations Subcommittees on Defense on matters specified in the classified annex accompanying this Act.

This section authorizes members of the National Guard serving on full-time duty under section 502(f) of title 32, United States Code, to perform duties supporting the ground-based elements of the National Ballistic Missile Defense System.

This section prohibits the use of funds to transfer Department of Defense ammunition with center-fire cartridges and designations such as armor penetrator, armor piercing (AP), armor piercing incendiary (API), general purpose (GP), or enhanced performance round (EPR)—except 9mm—to any nongovernmental entity. It allows transfers only to contractors performing demilitarization services that render the projectiles incapable of reuse or manufacture them into ammunition under a Department of Defense contract or State Department export license.

This section authorizes the Chief of the National Guard Bureau, or their designee, to waive all or part of the consideration otherwise required under 10 U.S.C. 2667 for leases of personal property for periods of up to one year to organizations specified in 32 U.S.C. 508(d) or to other youth, social, or fraternal nonprofit organizations approved on a case-by-case basis.

This section provides $389,742,819 from Operation and Maintenance, Army funds, to remain available until expended, and authorizes the Secretary of Defense to transfer the funds to other Federal Government activities and to enter into contracts for real property acquisition, construction, personal services, and operations, including indemnification as necessary, for projects that comply with applicable Federal, State, and local law to the maximum extent consistent with national security.

This section prohibits the use of any appropriated funds to change the National Intelligence Program budget account structure, its presentation in unclassified P-1, R-1, and O-1 documents, or the processes for apportioning, allotting, obligating, and disbursing those funds. It permits the Director of National Intelligence and the Secretary of Defense to study alternative structures, provided they complete a counterintelligence risk assessment, obtain certifications from affected agencies, and submit the proposals and certifications to the congressional defense and intelligence committees within 30 days.

This section authorizes the transfer of up to $11 million from each of the Operation and Maintenance accounts for the Army, Navy, and Air Force to their respective central funds for Fisher Houses and Suites during the current fiscal year.

This section appropriates an additional $5,000,000 to the Department of Defense, available until expended, for a grant to the Fisher House Foundation, Inc., to construct and furnish additional Fisher Houses for military family members during the illness or hospitalization of an eligible military beneficiary.

This section makes available up to $1,000,000 from Operation and Maintenance, Navy appropriations for transfer to the John C. Stennis Center for Public Service Development Trust Fund.

This section prohibits obligating Department of Defense funds to modify command and control relationships that would grant Fleet Forces Command operational and administrative control of Navy forces assigned to the Pacific fleet. It preserves the command relationships in effect on October 1, 2004, until a proposed modification is notified to the House and Senate Appropriations Committees, may be implemented after 30 days absent objection, and must not impair the Indo-Pacific Commander's ability to meet operational requirements.

This section requires any notice submitted to the House and Senate Appropriations Committees under section 3601 of title 10, United States Code, to be submitted concurrently to the Defense Subcommittees of those committees.

This section provides $500,000,000 for Israeli Cooperative Programs from Defense-Wide procurement and research accounts. Of the total, it allocates $20,000,000 for Iron Dome procurement, $127,000,000 for the Short Range Ballistic Missile Defense program including cruise missile defense research, $30,000,000 for SRBMD co-production in the United States and Israel, $150,000,000 for Arrow 3 Upper Tier co-production, and $173,000,000 for the Arrow System Improvement Program including long-range detection development.

This section provides $2,611,990,000, available until September 30, 2027, to fund prior-year shipbuilding cost increases for 20 specified Navy programs, including the Carrier Replacement Program ($324 million), Virginia Class Submarine Program ($605.4 million total), Columbia Class Submarine Program ($585.9 million total), and T-AO Fleet Oiler Program ($241.5 million total).

This section deems funds appropriated or transferred under this Act for intelligence activities and intelligence-related activities to be specifically authorized by Congress under section 504 of the National Security Act of 1947 until enactment of the Intelligence Authorization Act for Fiscal Year 2027.

This section prohibits the reprogramming of funds to create or initiate new programs, projects, or activities unless the action is required immediately in the interest of national security and the Department of Defense provides written prior notification to the congressional defense committees.

This section authorizes the Secretary of Defense to transfer up to $40 million from any Department of the Navy appropriation (except military construction) to any Navy ship construction appropriation to cover inflation, market fluctuations, or rate adjustments in shipbuilding programs. Transfers require 30 days' advance notice to the House and Senate Appropriations Committees and retain the original period of availability. The authority expires on September 30, 2031.

This section prohibits the use of funds to reduce or disestablish the 53rd Weather Reconnaissance Squadron of the Air Force Reserve if the action would lower the WC-130 Weather Reconnaissance mission below levels funded in this Act. It requires the Air Force to permit the squadron to conduct other missions supporting national defense requirements outside the hurricane season.

This section prohibits the use of funds provided in this Act for integration of foreign intelligence information unless the information has been lawfully collected and processed during authorized foreign intelligence activities. It requires that information pertaining to United States persons be handled in accordance with Fourth Amendment protections as implemented through Executive Order No. 12333.

This section limits funds appropriated for programs of the Office of the Director of National Intelligence to obligation in the current fiscal year, except for research and technology funds, which remain available until September 30, 2028.

This section treats subdivisions of appropriations for Shipbuilding and Conversion, Navy, in this Act as the same purpose as those in any prior fiscal year for purposes of the 1 percent limitation under section 1553(b) of title 31, United States Code. The limitation therefore applies to the total amount of the appropriation.

This section requires the Director of National Intelligence to submit a report to the congressional intelligence committees within 60 days of enactment establishing the baseline for fiscal year 2027 reprogramming and transfer authorities. The report must include tables for each appropriation showing the President's budget request, congressional adjustments, rescissions, enacted levels, delineations by Expenditure Center and project, and items of special congressional interest. It prohibits use of National Intelligence Program funds for reprogramming or transfer until the report is submitted, unless the Director certifies an emergency requirement in writing.

This section requires 30 days' advance notification to the congressional intelligence committees before any reprogramming or transfer of National Intelligence Program funds that creates a new start effort, terminates a program with $10 million or more in appropriated funding, moves funds into or out of the program, transfers funds between appropriations, or produces a cumulative increase or decrease from levels in the classified annex; the period may be shortened for urgent national security requirements.

This section requires agencies receiving funds under this Act to post on their public websites any reports submitted to Congress, if the agency head determines posting serves the national interest. Posting must occur only after the report has been available to the requesting congressional committee or committees for at least 45 days and must not occur if it would compromise national security or disclose proprietary information.

This section prohibits the expenditure of funds appropriated by this Act for any federal contract exceeding $1,000,000 unless the contractor agrees not to require arbitration of claims under title VII of the Civil Rights Act of 1964 or torts arising from sexual assault or harassment, including assault, battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention. It applies the same prohibition to covered subcontractors with subcontracts exceeding $1,000,000 and authorizes the Secretary of Defense to waive the requirements for a particular contract or subcontract upon a personal determination that the waiver is necessary to avoid harm to national security interests, with the determination transmitted to Congress and made public at least 15 business days before award.

This section makes available up to $174 million from Combat and Operational Medicine Program operation and maintenance funds for transfer to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund. It supports operations of the integrated Captain James A. Lovell Federal Health Care Center, which combines the North Chicago Veterans Affairs Medical Center and the Navy Ambulatory Care Center, and permits additional transfers upon written notification by the Secretary of Defense to the House and Senate Appropriations Committees.

This section authorizes the Department of Defense to use appropriations to purchase heavy and light armored vehicles up to $700,000 per vehicle for personnel security or force protection purposes, and passenger motor vehicles up to $75,000 per vehicle for military and civilian employees in the United States Central Command area of responsibility. Such purchases must be of vehicles produced in the United States unless the President waives the requirement.

This section authorizes the Director of National Intelligence, with Office of Management and Budget approval, to transfer up to $1.5 billion in National Intelligence Program funds for higher-priority unforeseen intelligence requirements, provided the items were not denied by Congress. It requires any request for multiple reprogrammings under this authority to be submitted by June 30, 2027.

This section permits the use of $350 million from Navy shipbuilding and conversion funds, available until September 30, 2031, to purchase strategic sealift vessels for the National Defense Reserve Fleet and to reimburse the Department of Transportation’s Maritime Administration Ready Reserve Force account for related programs and expenses. It bars any transfer of the funds to the National Defense Sealift Fund.

This section prohibits the National Security Agency from using funds made available by this Act to conduct acquisitions targeting United States persons under section 702 of the Foreign Intelligence Surveillance Act of 1978 or to acquire, monitor, or store the contents of their electronic communications from providers under section 501 of that Act.

This section prohibits the use of funds to pay the salary of any officer or employee of an agency funded by this Act who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to another Federal agency not financed by this Act, absent express congressional authorization. The prohibition does not apply to transfers expressly provided for in Department of Defense Appropriations Acts or supplemental appropriations for the Department of Defense.

This section authorizes the use of $881,029,000 in Operation and Maintenance, Navy funds, available until expended, for any purposes related to the National Defense Reserve Fleet. It also permits reimbursements to the Ready Reserve Force, Maritime Administration account for associated programs, projects, activities, and expenses.

This section prohibits the use of funds for new contracts under the TAO Fleet Oiler program to acquire auxiliary equipment, propulsion equipment, shipboard cranes, crane spreaders, or anchor chains unless manufactured in the United States, for the seventh and subsequent ships. It imposes the same restriction on Frigate programs for air circuit breakers, gyrocompasses, navigation systems, steering controls, pumps, lifeboats, chill water systems, and propellers, and requires United States-manufactured propulsion engines and reduction gears beginning with the eleventh ship.

This section prohibits the use of funds for development activities related to the T–ARC(X) Cable Laying and Repair Ship or the T–AGOS(X) Oceanographic Surveillance Ship from being used to award a new contract unless the contract requires all auxiliary equipment, including pumps and propulsion shafts, to be manufactured in the United States.

This section prohibits transfers from the Department of Defense Acquisition Workforce Development Account to the Rapid Prototyping Fund or to any military department-specific fund established under section 804(d) of the National Defense Authorization Act for Fiscal Year 2016.

This section prohibits the use of funds made available by this Act for Government Travel Charge Card expenses by Department of Defense military or civilian personnel for gaming or for entertainment that includes topless or nude entertainers or participants.

This section prohibits the use of funds made available in this Act to maintain or establish a computer network unless the network blocks access to pornography websites. It exempts Federal, State, tribal, or local law enforcement agencies and other entities conducting criminal investigations, prosecutions, or adjudications, as well as national defense activities including intelligence activities.

This section prohibits the Secretary of Defense from obligating or expending funds from this or any other Act to provide motorized vehicles, aviation platforms, operational military units, or operational military platforms if the Secretary determines that doing so would undermine readiness. It permits only small arms and munitions appropriate for customary ceremonial honors.

This section bars the use of funds made available by this or any other Act to enter into contracts, memoranda of understanding, cooperative agreements, grants, loans, or loan guarantees with any corporation that has an assessed but unpaid federal tax liability for which remedies have been exhausted and that is not being paid timely, if the agency is aware of the liability. It creates an exception if the agency has considered suspension or debarment and determined that such action is unnecessary to protect federal interests.

This section requires that any software developed, procured, or operated by the Department of Defense using funds appropriated for operation and maintenance, procurement, or research, development, test, and evaluation in fiscal year 2027 or any prior year must adhere to a modular open systems approach with a government-owned interface layer separate from vendor-specific application logic.

This section permits the Department of Defense to use title IV appropriations for agile research, development, test and evaluation, procurement, production, modification, and operation and maintenance of nine specified Software and Digital Technology Pilot programs, including Defensive CYBER—Software Prototype Development (PE 0608041A), Risk Management Information (PE 0608013N), and Accelerate the Procurement and Fielding of Innovative Technologies (PE 0608775D8Z). It prohibits initiating any additional such pilot programs in fiscal year 2027.

This section prohibits the use of funds appropriated by this Act to transfer the National Reconnaissance Office to the Space Force. It clarifies that the restriction does not limit cooperation, collaboration, or coordination between the National Reconnaissance Office and the Space Force or other Department of Defense elements.

This section prohibits the use of funds made available in this Act in contravention of specified laws implementing the United Nations Convention Against Torture. The covered provisions are 18 U.S.C. 2340A, section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998, and sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006.

This section authorizes the Secretary of Defense, with the concurrence of the Secretary of State, to accept and retain contributions of money, property, and services from foreign governments and other entities to replace weapons or articles provided under section 1250 of the FY2016 NDAA and to recover or dispose of previously provided equipment. It requires advance consultation with the congressional defense committees for support to certain forces, written notifications upon receipt and obligation of contributions with timelines and end-use monitoring details, and quarterly reports on the use of funds credited to the Operation and Maintenance, Defense-Wide account, available for two fiscal years.

This section authorizes the Department of Defense to incur obligations of up to $350 million during the current fiscal year in anticipation of contributions from the Government of Kuwait under 10 U.S.C. 2350j(c), with received amounts credited to the appropriations or funds that incurred the obligations.

This section provides $1,448,173,000, available until September 30, 2028, from Operation and Maintenance, Defense-Wide for the Defense Security Cooperation Agency, to support International Security Cooperation Programs and related assistance to foreign security forces or other groups for counterterrorism, crisis response, or building partner capacity. It requires the Secretary of Defense to notify the congressional defense committees in writing at least 15 days before obligating funds and to submit quarterly reports on the use and status of the funds to the House and Senate Appropriations Committees.

This section provides $271,336,000, available until September 30, 2028, for the Defense Security Cooperation Agency to carry out support activities authorized by subparagraphs (A) through (E) and (G) through (I) of section 1226(a)(1) of the National Defense Authorization Act for Fiscal Year 2016, of which not less than $150,000,000 is for Jordan. It requires the Secretary of Defense to notify the congressional defense committees at least 15 days before obligating funds and to submit quarterly reports on the use and status of the funds to the House and Senate Appropriations Committees.

This section prohibits the use of funds for excess defense articles, assistance under section 333 of title 10, or peacekeeping operations in countries designated as violating the Child Soldiers Prevention Act of 2008 from supporting any military training or operation that includes child soldiers, unless the assistance is permitted under section 404 of that Act.

This section requires that any transfer of funds appropriated by this Act for support to friendly foreign countries in operations where the United States is not participating, pursuant to section 331(d) of title 10, United States Code, be made in accordance with section 8005 of this Act.

This section prohibits the Department of Defense from using appropriated funds to enter into contracts, memoranda of understanding, cooperative agreements, grants, loans, or loan guarantees with Rosoboronexport or its subsidiaries. It authorizes a waiver if the Secretary of Defense certifies that Rosoboronexport has ceased lethal military equipment transfers to and maintenance for Syria, Russian armed forces have withdrawn from Ukraine, and Russian agents have ceased destabilizing eastern Ukraine, and requires the Department of Defense Inspector General to review the waiver and report to the congressional defense committees within 90 days.

This section requires the Secretary of Defense to notify the congressional defense committees in writing within 30 days after receiving any contribution of funds from a foreign government for purposes relating to the stationing or operations of United States Armed Forces, including the amount, purpose, and acceptance authority. It further requires a separate written notification at least 15 days before obligating such funds, detailing the planned use and whether the contributions would support existing or new stationing or operations.

This section requires the Chairman of the Joint Chiefs of Staff, in coordination with the Secretaries of the military departments and the Chiefs of the Armed Forces, to submit quarterly reports to the congressional defense committees within 30 days after the end of each fiscal quarter on the use of operation and maintenance funds for unplanned activities and exercises exceeding $5,000,000 in fiscal year 2027. Each report must include the title, date, and location of each activity or exercise; the participating military departments and units with an estimate of participants; total costs by budget line item with breakdowns such as transportation; and a short explanation of objectives, and must be submitted in unclassified form with a possible classified annex.

This section directs the Secretary of Defense to allocate CHIPS for America Defense Fund amounts for fiscal year 2027 within 45 days of enactment to the accounts, projects, and amounts specified in the accompanying report table. It prohibits allocations under section 102(b)(2) of the CHIPS Act during any continuing resolution or appropriations act for the Department of Defense except for program administration at prior-year levels, permits reallocations only for microelectronics workforce and supply chain activities under section 9903(b) of the FY2021 NDAA, and requires quarterly reports to the House and Senate Appropriations Committees on committed, uncommitted, and unobligated balances.

This section requires the Secretary of Defense to notify the congressional defense committees in writing within 15 days after the opening or closing of any foreign base involving the stationing or operations of United States Armed Forces, including temporary or permanent bases and those owned and operated by a foreign country, and to include information on associated personnel changes, costs, and savings.

This section prohibits the obligation or expenditure of any federal funds to establish permanent military installations or bases for United States Armed Forces in Iraq or to exercise United States control over any oil resources in Iraq or Syria.

This section authorizes the Defense Security Cooperation Agency to use up to $500 million of Operation and Maintenance, Defense-Wide funds to support the armed forces of Jordan.

This section removes time limits on embryo cryopreservation and storage under the Department of Defense policy for assisted reproductive services benefiting seriously or severely ill or injured active duty service members, as set forth in the April 3, 2012 memorandum.

This section authorizes the Secretary of Defense to obligate procurement or research, development, test, and evaluation funds for the F-35 Joint Strike Fighter to modify up to nine F-35 aircraft, including up to three of each variant, for any test configuration. The Secretary must obtain concurrence from the Secretaries of the Air Force and Navy and notify the congressional defense committees at least 30 days before obligating funds, and any transfers must comply with section 8005 of this Act.

This section authorizes the Secretary of Defense to use up to $650,000,000 for rapid acquisition and deployment of supplies and associated support services under 10 U.S.C. 3601, but only for the purposes in clauses (i) through (iv) of subsection (c)(3)(B) with applicable limits, including a $50,000,000 cap on clause (iv) and a $100,000,000 cap for purposes under section 229 of the FY2024 NDAA. It requires prompt notification to the congressional defense committees of all uses.

This section authorizes funds appropriated for Research, Development, Test and Evaluation, Defense-Wide for the Defense Innovation Unit (DIU) Fielding to be used for agile research, development, test and evaluation, procurement, production, modification, and operation and maintenance requirements, including the initial acquisition of end-items for operational use, notwithstanding section 8054 of this Act. It bars obligation or expenditure of the funds until 15 days after the Secretary of Defense submits a detailed execution plan to the congressional defense committees.

This section prohibits the use of funds made available by this Act for work performed by EcoHealth Alliance, Inc. in China on research supported by the government of China. The prohibition does not apply if the Secretary of Defense grants a waiver on national security grounds and, within 14 days, submits to the congressional defense committees a justification that identifies the obligating DoD entity, the amount and purpose of the funds, the recipient, and the national security rationale.

This section prohibits the use of any appropriated funds to transfer or release Khalid Sheikh Mohammed or any other Guantanamo Bay detainee into the United States, its territories, or possessions. The prohibition applies to detainees who are not U.S. citizens or members of the Armed Forces and who were held at the facility on or after June 24, 2009.

This section prohibits the use of funds appropriated in this Act to transfer any individual detained at United States Naval Station Guantanamo Bay, Cuba, to the custody or control of the individual’s country of origin or any other foreign country or entity, except in accordance with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 and section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

This section prohibits the use of appropriated funds to construct, acquire, or modify any facility in the United States, its territories, or possessions to house for detention or imprisonment any individual held at Guantanamo Bay as of June 24, 2009, who is not a U.S. citizen or member of the Armed Forces and remains in Department of Defense custody. The prohibition does not apply to modifications of facilities at United States Naval Station, Guantanamo Bay.

This section requires the Secretary of Defense to submit, concurrent with the annual budget request for fiscal year 2028 and each year thereafter, proposed allocations by account, fiscal year, and program, project, or activity, along with P-1, R-1, M-1, and O-1 budget justification documents, for amounts made available by Public Law 119–21. It also requires quarterly reports on the status of uncommitted, committed, and unobligated balances for funded projects and activities until all such amounts are expended.

This section directs the Secretary of Defense to obligate funds from the Research, Development, Test and Evaluation, Navy account, including from prior years, to execute the engineering and manufacturing development contract for the Next Generation Fighter aircraft in a manner that achieves accelerated Initial Operational Capability. It prohibits the use of any Department of Defense funds to pause, cancel, or terminate the program.

This section allocates not less than $125 million from Navy Operation and Maintenance funds for the continuation and expansion of the Platform (Offshore) Supply Vessel Program. It requires $45 million for continuation and $80 million for expansion through time charters of at least two additional U.S.-built, U.S.-owned vessels configured to carry nearly 500,000 gallons of fuel and up to 10,000 square feet of deck cargo for Indo-Pacific logistics support, with each charter lasting one year plus no fewer than four one-year options.

This section requires that funds appropriated for the UH–60 Blackhawk aircraft program under the headings “Aircraft Procurement, Army” and “Research, Development, Test and Evaluation, Army” be obligated only for those purposes and prohibits their reprogramming or transfer. It further bars the Department of Defense from using any funds to pause, cancel, or terminate the program or to prepare for such actions.

This section prohibits the Department of Defense from using any funds to pause, cancel, or terminate the E–7 Wedgetail aircraft program or to prepare for such actions. It also bars reprogramming or transfer of funds appropriated for the program under the Aircraft Procurement, Air Force and Research, Development, Test and Evaluation, Air Force headings.

This section provides $1 billion, available until September 30, 2028, for the Taiwan Security Cooperation Initiative under the Defense Security Cooperation Agency. It authorizes the Secretary of Defense, with the concurrence of the Secretary of State, to use the funds for assistance to Taiwan including procurement of defense articles, services, and military education and training; permits untransferred or returned equipment to be held as Department of Defense stocks; requires 15-day advance written notification to the congressional defense committees before any obligation; and mandates quarterly reports on the use and status of the funds.

This section authorizes the Secretary of Defense to reimburse the Federated States of Micronesia up to $140 million for land acquisition costs for defense sites in Yap, using amounts from the Operation and Maintenance, Navy account.

This section provides $1 billion, available until September 30, 2028, from Operation and Maintenance, Defense-Wide, for replacement of defense articles from Department of Defense stocks and reimbursement of defense services and military education and training provided to Taiwan or to countries that supported Taiwan at U.S. request. It authorizes transfers of such funds to titles II, III, IV, and V of the Act for those purposes, requires 15-day prior notification to the congressional defense committees, and permits unused amounts to be transferred back.

This section prohibits the Department of Defense from using any funds made available for the current or any prior fiscal year to pause, cancel, or terminate the Next-Generation Overhead Persistent Infrared Geosynchronous Earth Orbit program or the Next-Generation Overhead Persistent Infrared Polar program.

This section limits the authority in section 2808a of title 10, United States Code, for repair and construction projects to those otherwise authorized by law with military construction, operation and maintenance, or research, development, test and evaluation funds. It prohibits transfers of funds appropriated in this or prior Acts, including title I of division D of Public Law 119–37 and Public Law 119–21, under that authority.

This section prohibits the use of funds to divest or prepare to divest any F-15 aircraft unless the Secretary of Defense certifies to the House and Senate Appropriations Committees that replacements will maintain the current total aircraft assigned to each unit and the readiness of such unit.

This section prohibits the use of funds to remove a Chinese military company from the list required by section 1260H of the National Defense Authorization Act for Fiscal Year 2021, except in accordance with subsection (b)(3) of that section and after 15 days' written notification to the congressional defense committees.

This section authorizes the use of Research, Development, Test and Evaluation, Defense-Wide funds for the Defense Autonomous Warfare Group and Counter-Small Unmanned Aircraft Systems (JIATF 401) for agile research, development, test and evaluation, procurement, production, modification, and operation and maintenance, including initial acquisition of end-items for operational use. It permits transfers of such funds to titles II, III, and IV for program of record requirements, subject to a detailed execution plan and 15 days’ advance notice to the congressional defense committees.

This section requires the Secretary of Defense to submit reports to the congressional defense committees on financial management and contracting details for each unclassified procurement account at the budget sub-activity level and each unclassified research, development, test, and evaluation account at the project level. The first report is due not later than 180 days after enactment, with subsequent reports required every 60 days thereafter.

This section reduces total appropriations made available by this Act by $1,000,000,000 to reflect savings from business process modernization and artificial intelligence deployment. The reduction does not apply to salaries or expenses of civil service officers or employees.

This section prohibits the use of funds for the United States Northern Command for activities with respect to Mexico, beginning 180 days after enactment, except for activities directly related to planning and operational requirements under Executive Order 14167 or a successor directive. It redirects any unobligated prior funds for such activities to the United States Southern Command, unless the President determines that reassignment of responsibility for Mexico is not necessary or appropriate and the Secretary of Defense submits a report to the House and Senate Appropriations Committees within 30 days detailing the rationale.

This section prohibits the use of funds made available by this Act for any contract or agreement to construct the lead ship of the Guided Missile Battleship program until the Secretary of the Navy certifies to the congressional defense committees that the planned weapon systems have reached a sufficiently mature technology readiness level.

This section provides an additional $2,950,000,000 to the Department of Defense for transfer to the operation and maintenance accounts of the Army, Navy, Marine Corps, Air Force, and Space Force, including the National Guard and Reserve, to improve military readiness. The funds may not be obligated or expended until 30 days after the Secretary of Defense submits a detailed execution plan to the House and Senate Appropriations Committees.

This section appropriates $3,250,000,000 to the Department of Defense for transfer to military personnel accounts, operation and maintenance accounts, and Defense Working Capital Funds to respond to emergent needs of the combatant commands. Funds may not be obligated until 30 days after the Secretary submits an execution plan to the congressional defense committees, and any transfer requires 15 days' prior notification to those committees.

This section appropriates an additional $2,750,000,000 to the Department of Defense for innovation, expansion, and acceleration of qualification and certification activities and technical data management to enhance competition in the defense industrial base. It bars obligation or expenditure of the funds until 15 days after the Secretary submits a detailed execution plan to the House and Senate Appropriations Committees and requires 15 days' prior notice to the congressional defense committees before any transfer of the funds to titles II, III, or IV.

This section appropriates $5,250,000,000 to the Department of Defense for on-premises infrastructure and compute capital expenses for hardware, electronics and network equipment, storage, and resiliency. It bars use of the funds for covered semiconductor products or services, requires submission of a detailed execution plan to the House and Senate Appropriations Committees at least 30 days before obligation or expenditure, and authorizes transfers to titles II, III, and IV for program of record requirements with 15 days' advance notice to the congressional defense committees.

This section prohibits the use of any funds appropriated or made available by this Act for diversity, equity, and inclusion initiatives, training, programs, offices, officers, policies, or any program, project, or activity that promotes or advances Critical Race Theory or associated concepts.

This section prohibits the use of funds appropriated by this Act to promote, host, facilitate, or support events on United States military installations or in military recruiting programs that violate the Department of Defense Joint Ethics Regulation or bring discredit upon the military, including drag queen story hours for children or the use of drag queens as recruiters.

This section prohibits the use of funds appropriated by this Act to implement, administer, or carry out the Department of Defense memorandum dated October 20, 2022, or any successor memorandum or substantially similar rule or policy.

This section prohibits the use of federal funds to take discriminatory actions against any person based on a sincerely held religious belief or moral conviction that marriage is a union of one man and one woman. Discriminatory actions include altering federal tax treatment, denying grants, contracts, loans, or benefits, withholding accreditation or licensure, or denying access to federal property or programs.

This section renames the Department of Defense as the Department of War and the Secretary of Defense as the Secretary of War throughout titles 10, 32, and 37 of the United States Code. It updates related acronyms and references in specified sections of title 10, with exceptions preserving the prior names in 18 listed provisions and one dated guidance document. It further provides that any reference to the Secretary of Defense or Department of Defense in any law, regulation, map, document, record, or other paper of the United States shall be deemed a reference to the Secretary of War or Department of War.