(2) such bonus is part of restructuring costs as-
sociated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8050. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’ may be transferred to appropriations available for 
the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations 
to which transferred, to be used in support of such per-
sonnel in connection with support and services for eligible 
organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States 
Code. 
SEC. 8051. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a 
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged 
to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or
closed account before the end of the period of avail-
ability or closing of that account; 
(2) the obligation is not otherwise properly 
chargeable to any current appropriation account of 
the Department of Defense; and 
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation 
of the Department of Defense under the provisions 
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law 
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there 
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall 
be reversed and recorded against the expired ac-
count: Provided further, That the total amount 
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent 
of the total appropriation for that account. 
SEC. 8052. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance 
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for 
such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs 
associated with the use of equipment of the project under 
that subsection. Such funds shall be available for such 
purposes without fiscal year limitation. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8054. Of the funds appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
wide’’, $20,000,000 shall be for support of high priority 
Sexual Assault Prevention and Response Program require-
ments and activities, including the training and funding 
of personnel: Provided, That the funds are made available 
for transfer to the Department of the Army, the Depart-
ment of the Navy, and the Department of the Air Force: 
Provided further, That funds transferred shall be merged 
with and available for the same purposes and for the same 
time period as the appropriations to which the funds are 
transferred: Provided further, That this transfer authority 
is in addition to any other transfer authority provided in 
this Act.
SEC. 8055. None of the funds appropriated in title 
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational 
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development, 
prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this 
restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the 
Secretary of Defense may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do 
so. 
SEC. 8056. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign 
country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under 
section 2531 of title 10, United States Code, and the 
country does not discriminate against the same or similar
defense items produced in the United States for that coun-
try. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on 
or after the date of the enactment of this Act; and 
(2) options for the procurement of items that 
are exercised after such date under contracts that 
are entered into before such date if the option prices 
are adjusted for any reason other than the applica-
tion of a waiver granted under subsection (a). 
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by 
section XI (chapters 50–65) of the Harmonized Tariff 
Schedule of the United States and products classified 
under headings 4010, 4202, 4203, 6401 through 6406, 
6505, 7019, 7218 through 7229, 7304.41 through 
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 
8211, 8215, and 9404. 
SEC. 8057. (a) IN GENERAL.— 
(1) None of the funds made available by this 
Act may be used for any training, equipment, or 
other assistance for a unit of a foreign security force 
if the Secretary of Defense has credible information
that the unit has committed a gross violation of 
human rights. 
(2) The Secretary of Defense, in consultation 
with the Secretary of State, shall ensure that prior 
to a decision to provide any training, equipment, or 
other assistance to a unit of a foreign security force 
full consideration is given to any credible informa-
tion available to the Department of State relating to 
human rights violations by such unit. 
(b) EXCEPTION.—The prohibition in subsection 
(a)(1) shall not apply if the Secretary of Defense, after 
consultation with the Secretary of State, determines that 
the government of such country has taken all necessary 
corrective steps, or if the equipment or other assistance 
is necessary to assist in disaster relief operations or other 
humanitarian or national security emergencies. 
(c) WAIVER.—The Secretary of Defense, after con-
sultation with the Secretary of State, may waive the prohi-
bition in subsection (a)(1) if the Secretary of Defense de-
termines that such waiver is required by extraordinary cir-
cumstances. 
(d) PROCEDURES.—The Secretary of Defense shall 
establish, and periodically update, procedures to ensure 
that any information in the possession of the Department 
of Defense about gross violations of human rights by units
of foreign security forces is shared on a timely basis with 
the Department of State. 
(e) REPORT.—Not more than 15 days after the appli-
cation of any exception under subsection (b) or the exer-
cise of any waiver under subsection (c), the Secretary of 
Defense shall submit to the appropriate congressional 
committees a report— 
(1) in the case of an exception under subsection 
(b), providing notice of the use of the exception and 
stating the grounds for the exception; and 
(2) in the case of a waiver under subsection (c), 
describing the information relating to the gross vio-
lation of human rights; the extraordinary cir-
cumstances that necessitate the waiver; the purpose 
and duration of the training, equipment, or other as-
sistance; and the United States forces and the for-
eign security force unit involved. 
SEC. 8058. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended 
for the purpose of performing repairs or maintenance to 
military family housing units of the Department of De-
fense, including areas in such military family housing 
units that may be used for the purpose of conducting offi-
cial Department of Defense business.