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when acting in a technical advisory capacity, may be com-
pensated for his or her services as a member of such enti-
ty, or as a paid consultant by more than one FFRDC in 
a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during the current fiscal year may be used by a defense 
FFRDC, through a fee or other payment mechanism, for 
construction of new buildings not located on a military in-
stallation, for payment of cost sharing for projects funded 
by Government grants, for absorption of contract over-
runs, or for certain charitable contributions, not to include 
employee participation in community service and/or devel-
opment. 
(d) Notwithstanding any other provision of law, of 
the funds available to the department during fiscal year 
2018, not more than 6,000 staff years of technical effort 
(staff years) may be funded for defense FFRDCs: Pro-
vided, That, of the specific amount referred to previously 
in this subsection, not more than 1,180 staff years may 
be funded for the defense studies and analysis FFRDCs: 
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Provided further, That this subsection shall not apply to 
staff years funded in the National Intelligence Program 
(NIP) and the Military Intelligence Program (MIP). 
(e) The Secretary of Defense shall, with the submis-
sion of the department’s fiscal year 2019 budget request, 
submit a report presenting the specific amounts of staff 
years of technical effort to be allocated for each defense 
FFRDC during that fiscal year and the associated budget 
estimates. 
(f) Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act for FFRDCs 
is hereby reduced by $210,000,000. 
SEC. 8024. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy, 
or armor steel plate for use in any Government-owned fa-
cility or property under the control of the Department of 
Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement re-
strictions shall apply to any and all Federal Supply Class 
9515, American Society of Testing and Materials (ASTM) 
or American Iron and Steel Institute (AISI) specifications 
of carbon, alloy or armor steel plate: Provided further, 
That the Secretary of the military department responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
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on Appropriations of the House of Representatives and the 
Senate that adequate domestic supplies are not available 
to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order 
to acquire capability for national security purposes: Pro-
vided further, That these restrictions shall not apply to 
contracts which are in being as of the date of the enact-
ment of this Act. 
SEC. 8025. For the purposes of this Act, the term 
‘‘congressional defense committees’’ means the Armed 
Services Committee of the House of Representatives, the 
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representa-
tives. 
SEC. 8026. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot 
maintenance and repair of aircraft, vehicles and vessels 
as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or Defense Agency con-
cerned, with power of delegation, shall certify that success-
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ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A– 
76 shall not apply to competitions conducted under this 
section. 
SEC. 8027. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the 
terms of the agreement by discriminating against certain 
types of products produced in the United States that are 
covered by the agreement, the Secretary of Defense shall 
rescind the Secretary’s blanket waiver of the Buy Amer-
ican Act with respect to such types of products produced 
in that foreign country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense 
purchases from foreign entities in fiscal year 2018. Such 
report shall separately indicate the dollar value of items 
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for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term Buy Amer-
ican Act means chapter 83 of title 41, United States Code. 
SEC. 8028. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act 
of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 
be available until expended for the payments specified by 
section 2921(c)(2) of that Act. 
SEC. 8029. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North Da-
kota, South Dakota, Montana, Oregon, Minnesota, and 
Washington relocatable military housing units located at 
Grand Forks Air Force Base, Malmstrom Air Force Base, 
Mountain Home Air Force Base, Ellsworth Air Force 
Base, and Minot Air Force Base that are excess to the 
needs of the Air Force. 
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(b) The Secretary of the Air Force shall convey, at 
no cost to the Air Force, military housing units under sub-
section (a) in accordance with the request for such units 
that are submitted to the Secretary by the Operation 
Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Da-
kota, Montana, Oregon, Minnesota, and Washington. Any 
such conveyance shall be subject to the condition that the 
housing units shall be removed within a reasonable period 
of time, as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for 
housing units under subsection (a) before submitting re-
quests to the Secretary of the Air Force under subsection 
(b). 
(d) In this section, the term Indian tribe means any 
recognized Indian tribe included on the current list pub-
lished by the Secretary of the Interior under section 104 
of the Federally Recognized Indian Tribe Act of 1994 
(Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 
1). 
SEC. 8030. During the current fiscal year, appropria-
tions which are available to the Department of Defense 
for operation and maintenance may be used to purchase 
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items having an investment item unit cost of not more 
than $250,000. 
SEC. 8031. None of the funds made available by this 
Act may be used to— 
(1) disestablish, or prepare to disestablish, a 
Senior Reserve Officers’ Training Corps program in 
accordance with Department of Defense Instruction 
Number 1215.08, dated June 26, 2006; or 
(2) close, downgrade from host to extension 
center, or place on probation a Senior Reserve Offi-
cers’ Training Corps program in accordance with the 
information paper of the Department of the Army 
titled ‘‘Army Senior Reserve Officers’ Training 
Corps (SROTC) Program Review and Criteria’’, 
dated January 27, 2014. 
SEC. 8032. The Secretary of Defense shall issue reg-
ulations to prohibit the sale of any tobacco or tobacco- 
related products in military resale outlets in the United 
States, its territories and possessions at a price below the 
most competitive price in the local community: Provided, 
That such regulations shall direct that the prices of to-
bacco or tobacco-related products in overseas military re-
tail outlets shall be within the range of prices established 
for military retail system stores located in the United 
States. 
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SEC. 8033. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the 
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable 
to the Department of Defense Business Operations Fund 
during fiscal year 1994 and if the purchase of such an 
investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of 
Defense for procurement. 
(b) The fiscal year 2019 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2019 
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be 
budgeted for in a proposed fiscal year 2019 procurement 
appropriation and not in the supply management business 
area or any other area or category of the Department of 
Defense Working Capital Funds. 
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SEC. 8034. None of the funds appropriated by this 
Act for programs of the Central Intelligence Agency shall 
remain available for obligation beyond the current fiscal 
year, except for funds appropriated for the Reserve for 
Contingencies, which shall remain available until Sep-
tember 30, 2019: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund 
during this or any prior or subsequent fiscal year shall 
remain available until expended: Provided further, That 
any funds appropriated or transferred to the Central Intel-
ligence Agency for advanced research and development ac-
quisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of 
the National Security Act of 1947 (50 U.S.C. 3093) shall 
remain available until September 30, 2019. 
SEC. 8035. Notwithstanding any other provision of 
law, funds made available in this Act and hereafter for 
the Defense Intelligence Agency may be used for the de-
sign, development, and deployment of General Defense In-
telligence Program intelligence communications and intel-
ligence information systems for the Services, the Unified 
and Specified Commands, and the component commands. 
SEC. 8036. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
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tenance, Defense-Wide’’, not less than $12,000,000 shall 
be made available only for the mitigation of environmental 
impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities. 
SEC. 8037. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, com-
plies with the Buy American Act. For purposes of this 
subsection, the term Buy American Act means chapter 83 
of title 41, United States Code. 
(b) If the Secretary of Defense determines that a per-
son has been convicted of intentionally affixing a label 
bearing a ‘‘Made in America’’ inscription to any product 
sold in or shipped to the United States that is not made 
in America, the Secretary shall determine, in accordance 
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with 
the Department of Defense. 
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is 
the sense of the Congress that any entity of the Depart-
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ment of Defense, in expending the appropriation, purchase 
only American-made equipment and products, provided 
that American-made equipment and products are cost- 
competitive, quality competitive, and available in a timely 
fashion. 
SEC. 8038. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place 
of duty remains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection 
(a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the 
House of Representatives and the Senate that the grant-
ing of the waiver will reduce the personnel requirements 
or the financial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; 
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(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of im-
provised explosive devices, and, as determined by the 
Secretary of the Army, other similar threats; 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of bio-
metric activities and to integrate common biometric 
technologies throughout the Department of Defense; 
or 
(4) an Air Force field operating agency estab-
lished to administer the Air Force Mortuary Affairs 
Program and Mortuary Operations for the Depart-
ment of Defense and authorized Federal entities. 
SEC. 8039. (a) None of the funds appropriated by 
this Act shall be available to convert to contractor per-
formance an activity or function of the Department of De-
fense that, on or after the date of the enactment of this 
Act, is performed by Department of Defense civilian em-
ployees unless— 
(1) the conversion is based on the result of a 
public-private competition that includes a most effi-
cient and cost effective organization plan developed 
by such activity or function; 
(2) the Competitive Sourcing Official deter-
mines that, over all performance periods stated in 
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the solicitation of offers for performance of the ac-
tivity or function, the cost of performance of the ac-
tivity or function by a contractor would be less costly 
to the Department of Defense by an amount that 
equals or exceeds the lesser of— 
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advan-
tage for a proposal that would reduce costs for the 
Department of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the pre-
mium or subscription share than the amount 
that is paid by the Department of Defense for 
health benefits for civilian employees under 
chapter 89 of title 5, United States Code. 
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(b)(1) The Department of Defense, without regard 
to subsection (a) of this section or subsection (a), (b), or 
(c) of section 2461 of title 10, United States Code, and 
notwithstanding any administrative regulation, require-
ment, or policy to the contrary shall have full authority 
to enter into a contract for the performance of any com-
mercial or industrial type function of the Department of 
Defense that— 
(A) is included on the procurement list estab-
lished pursuant to section 2 of the Javits-Wagner- 
O’Day Act (section 8503 of title 41, United States 
Code); 
(B) is planned to be converted to performance 
by a qualified nonprofit agency for the blind or by 
a qualified nonprofit agency for other severely handi-
capped individuals in accordance with that Act; or 
(C) is planned to be converted to performance 
by a qualified firm under at least 51 percent owner-
ship by an Indian tribe, as defined in section 4(e) 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b(e)), or a Native Ha-
waiian Organization, as defined in section 8(a)(15) 
of the Small Business Act (15 U.S.C. 637(a)(15)). 
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(2) This section shall not apply to depot contracts 
or contracts for depot maintenance as provided in sections 
2469 and 2474 of title 10, United States Code. 
(c) The conversion of any activity or function of the 
Department of Defense under the authority provided by 
this section shall be credited toward any competitive or 
outsourcing goal, target, or measurement that may be es-
tablished by statute, regulation, or policy and is deemed 
to be awarded under the authority of, and in compliance 
with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of com-
mercial activities. 
(RESCISSIONS) 
SEC. 8040. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: Provided, That no 
amounts may be rescinded from amounts that were des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism or as an emergency re-
quirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: 
‘‘Aircraft Procurement, Navy’’, 2016/2018, 
$274,000,000; 
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‘‘Aircraft Procurement, Air Force’’, 2016/2018, 
$82,700,000; 
‘‘Missile 
Procurement, 
Army’’, 
2017/2019, 
$19,319,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army’’, 2017/2019, $9,764,000; 
‘‘Other 
Procurement, 
Army’’, 
2017/2019, 
$10,000,000; 
‘‘Aircraft Procurement, Navy’’, 2017/2019, 
$105,600,000; 
‘‘Weapons Procurement, Navy’’, 2017/2019, 
$54,122,000; 
‘‘Shipbuilding and Conversion, Navy’’, 2017/ 
2021, $45,116,000; 
‘‘Aircraft Procurement, Air Force’’, 2017/2019, 
$63,293,000; 
‘‘Missile Procurement, Air Force’’, 2017/2019, 
$31,639,000; 
‘‘Space Procurement, Air Force’’, 2017/2019, 
$15,000,000; 
‘‘Other Procurement, Air Force’’, 2017/2019, 
$105,000,000; 
‘‘Research, Development, Test and Evaluation, 
Navy’’, 2017/2018, $34,128,000; 
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‘‘Research, Development, Test and Evaluation, 
Air Force’’, 2017/2018, $41,700,000. 
SEC. 8041. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary technicians (dual status) of the Army National 
Guard, Air National Guard, Army Reserve and Air Force 
Reserve for the purpose of applying any administratively 
imposed civilian personnel ceiling, freeze, or reduction on 
military technicians (dual status), unless such reductions 
are a direct result of a reduction in military force struc-
ture. 
SEC. 8042. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 8043. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Intel-
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ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel 
and training procedures. 
SEC. 8044. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction or 
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8045. None of the funds appropriated by this 
Act may be used for the procurement of ball and roller 
bearings other than those produced by a domestic source 
and of domestic origin: Provided, That the Secretary of 
the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
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pability for national security purposes: Provided further, 
That this restriction shall not apply to the purchase of 
‘‘commercial items’’, as defined by section 103 of title 41, 
United States Code, except that the restriction shall apply 
to ball or roller bearings purchased as end items. 
SEC. 8046. None of the funds made available by this 
Act for Evolved Expendable Launch Vehicle service com-
petitive procurements may be used unless the competitive 
procurements are open for award to all certified providers 
of Evolved Expendable Launch Vehicle-class systems: Pro-
vided, That the award shall be made to the provider that 
offers the best value to the government. 
SEC. 8047. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$44,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, the Secretary shall make grants in the amounts speci-
fied as follows: $20,000,000 to the United Service Organi-
zations and $24,000,000 to the Red Cross. 
SEC. 8048. None of the funds in this Act may be 
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire 
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capability for national security purposes that is not avail-
able from United States manufacturers. 
SEC. 8049. Notwithstanding any other provision in 
this Act, the Small Business Innovation Research program 
and the Small Business Technology Transfer program set- 
asides shall be taken proportionally from all programs, 
projects, or activities to the extent they contribute to the 
extramural budget. 
SEC. 8050. None of the funds available to the De-
partment of Defense under this Act shall be obligated or 
expended to pay a contractor under a contract with the 
Department of Defense for costs of any amount paid by 
the contractor to an employee when— 
(1) such costs are for a bonus or otherwise in 
excess of the normal salary paid by the contractor 
to the employee; and 
(2) such bonus is part of restructuring costs as-
sociated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8051. 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 
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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. 8052. 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-
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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. 8053. (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. 
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SEC. 8054. None of the funds available to the De-
partment of Defense may be obligated to modify command 
and control relationships to give Fleet Forces Command 
operational and administrative control of United States 
Navy forces assigned to the Pacific fleet: Provided, That 
the command and control relationships which existed on 
October 1, 2004, shall remain in force until a written 
modification has been proposed to the House and Senate 
Appropriations Committees: Provided further, That the 
proposed modification may be implemented 30 days after 
the notification unless an objection is received from either 
the House or Senate Appropriations Committees: Provided 
further, That any proposed modification shall not preclude 
the ability of the commander of United States Pacific 
Command to meet operational requirements. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8055. Of the funds appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, $25,000,000 (increased by $10,000,000) shall be 
for continued implementation and expansion of the Sexual 
Assault Special Victims’ Counsel Program: Provided, That 
the funds are made available for transfer to the Depart-
ment of the Army, the Department of the Navy, and the 
Department of the Air Force: Provided further, That funds 
transferred shall be merged with and available for the 
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same purposes and for the same time period as the appro-
priations to which the funds are transferred: Provided fur-
ther, That this transfer authority is in addition to any 
other transfer authority provided in this Act. 
SEC. 8056. 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. 8057. (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 
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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. 8058. None of the funds appropriated or other-
wise made available by this or other Department of De-
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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. 
SEC. 8059. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’ for any new start advanced concept technology 
demonstration project or joint capability demonstration 
project may only be obligated 45 days after a report, in-
cluding a description of the project, the planned acquisi-
tion and transition strategy and its estimated annual and 
total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case 
basis by certifying to the congressional defense committees 
that it is in the national interest to do so. 
SEC. 8060. The Secretary of Defense shall continue 
to provide a classified quarterly report to the House and 
Senate Appropriations Committees, Subcommittees on 
Defense on certain matters as directed in the classified 
annex accompanying this Act. 
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SEC. 8061. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of 
the National Guard serving on full-time National Guard 
duty under section 502(f) of title 32, United States Code, 
may perform duties in support of the ground-based ele-
ments of the National Ballistic Missile Defense System. 
SEC. 8062. None of the funds provided in this Act 
may be used to transfer to any nongovernmental entity 
ammunition held by the Department of Defense that has 
a center-fire cartridge and a United States military no-
menclature designation of ‘‘armor penetrator’’, ‘‘armor 
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 
‘‘armor-piercing incendiary tracer (API–T)’’, except to an 
entity performing demilitarization services for the Depart-
ment of Defense under a contract that requires the entity 
to demonstrate to the satisfaction of the Department of 
Defense that armor piercing projectiles are either: 
(1) rendered incapable of reuse by the demili-
tarization process; or 
(2) used to manufacture ammunition pursuant 
to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to 
a License for Permanent Export of Unclassified 
Military Articles issued by the Department of State. 
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SEC. 8063. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under section 2667 
of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to 
any organization specified in section 508(d) of title 32, 
United States Code, or any other youth, social, or fra-
ternal nonprofit organization as may be approved by the 
Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8064. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$66,881,780 shall remain available until expended: Pro-
vided, That, notwithstanding any other provision of law, 
the Secretary of Defense is authorized to transfer such 
funds to other activities of the Federal Government: Pro-
vided further, That the Secretary of Defense is authorized 
to enter into and carry out contracts for the acquisition 
of real property, construction, personal services, and oper-
ations related to projects carrying out the purposes of this 
section: Provided further, That contracts entered into 
under the authority of this section may provide for such 
indemnification as the Secretary determines to be nec-
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essary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and 
local law to the maximum extent consistent with the na-
tional security, as determined by the Secretary of Defense. 
SEC. 8065. (a) None of the funds appropriated in this 
or any other Act may be used to take any action to mod-
ify— 
(1) the appropriations account structure for the 
National Intelligence Program budget, including 
through the creation of a new appropriation or new 
appropriation account; 
(2) how the National Intelligence Program 
budget request is presented in the unclassified P–1, 
R–1, and O–1 documents supporting the Depart-
ment of Defense budget request; 
(3) the process by which the National Intel-
ligence Program appropriations are apportioned to 
the executing agencies; or 
(4) the process by which the National Intel-
ligence Program appropriations are allotted, obli-
gated and disbursed. 
(b) Nothing in section (a) shall be construed to pro-
hibit the merger of programs or changes to the National 
Intelligence Program budget at or below the Expenditure 
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Center level, provided such change is otherwise in accord-
ance with paragraphs (a)(1)–(3). 
(c) The Director of National Intelligence and the Sec-
retary of Defense may jointly, only for the purposes of 
achieving auditable financial statements and improving 
fiscal reporting, study and develop detailed proposals for 
alternative financial management processes. Such study 
shall include a comprehensive counterintelligence risk as-
sessment to ensure that none of the alternative processes 
will adversely affect counterintelligence. 
(d) Upon development of the detailed proposals de-
fined under subsection (c), the Director of National Intel-
ligence and the Secretary of Defense shall— 
(1) provide the proposed alternatives to all af-
fected agencies; 
(2) receive certification from all affected agen-
cies attesting that the proposed alternatives will help 
achieve auditability, improve fiscal reporting, and 
will not adversely affect counterintelligence; and 
(3) not later than 30 days after receiving all 
necessary certifications under paragraph (2), present 
the proposed alternatives and certifications to the 
congressional defense and intelligence committees. 
SEC. 8066. In addition to amounts provided else-
where in this Act, $5,000,000 (increased by $5,000,000) 
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is hereby appropriated to the Department of Defense, to 
remain available for obligation until expended: Provided, 
That notwithstanding any other provision of law, that 
upon the determination of the Secretary of Defense that 
it shall serve the national interest, these funds shall be 
available only for a grant to the Fisher House Foundation, 
Inc., only for the construction and furnishing of additional 
Fisher Houses to meet the needs of military family mem-
bers when confronted with the illness or hospitalization of 
an eligible military beneficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8067. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, $705,800,000 shall be for the Israeli Cooperative 
Programs: Provided, That of this amount, $92,000,000 
shall be for the Secretary of Defense to provide to the Gov-
ernment of Israel for the procurement of the Iron Dome 
defense system to counter short-range rocket threats, sub-
ject to the U.S.-Israel Iron Dome Procurement Agree-
ment, as amended; $221,500,000 shall be for the Short 
Range Ballistic Missile Defense (SRBMD) program, in-
cluding cruise missile defense research and development 
under the SRBMD program, of which $120,000,000 shall 
be for co-production activities of SRBMD missiles in the 
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109 
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(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guanta´namo Bay, Cuba. 
SEC. 8096. None of the funds appropriated or other-
wise made available in this Act may be used to transfer 
any individual detained at United States Naval Station 
Guanta´namo Bay, Cuba, to the custody or control of the 
individual’s country of origin, any other foreign country, 
or any other foreign entity except in accordance with sec-
tion 1034 of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92) and section 1034 
of the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328). 
SEC. 8097. None of the funds made available by this 
Act may be used in contravention of the War Powers Res-
olution (50 U.S.C. 1541 et seq.). 
SEC. 8098. (a) None of the funds appropriated or 
otherwise made available by this or any other Act may 
be used by the Secretary of Defense, or any other official 
or officer of the Department of Defense, to enter into a 
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120 
•HJ 124 IH 
or for any activity necessary for the national defense, in-
cluding intelligence activities. 
SEC. 8119. Notwithstanding any other provision of 
law, any transfer of funds appropriated or otherwise made 
available by this Act to the Global Engagement Center 
pursuant to section 1287 of the National Defense Author-
ization Act for Fiscal Year 2017 (Public Law 114–328) 
shall be made in accordance with section 8005 or 9002 
of this Act, as applicable. 
SEC. 8120. No amounts credited or otherwise made 
available in this or any other Act to the Department of 
Defense Acquisition Workforce Development Fund may be 
transferred to: 
(1) the Rapid Prototyping Fund established 
under section 804(d) of the National Defense Au-
thorization Act for Fiscal Year 2016 (10 U.S.C. 
2302 note); or 
(2) credited to a military-department specific 
fund established under section 804(d)(2) of the Na-
tional Defense Authorization Act for Fiscal Year 
2016 (as amended by section 897 of the National 
Defense Authorization Act for Fiscal Year 2017). 
(INCLUDING TRANSFER FUND) 
SEC. 8121. In addition to amounts provided else-
where in this Act for military personnel pay, including ac-
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