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: 
Provided, That the Under Secretary of Defense (Comp-
troller) shall include with the budget of the President for 
fiscal year 2023 (as submitted to Congress pursuant to 
section 1105 of title 31, United States Code) a statement 
describing each instance if any, during each of the fiscal 
years 2016 through 2022 in which the authority in this 
section was exercised. 
SEC. 8057. (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 
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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. 8058. Of the funds appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, $47,000,000 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 Department 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 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. 8059. 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 
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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 shall, at the time of the submittal 
to Congress of the budget of the President for fiscal year 
2023 pursuant to section 1105 of title 31, United States 
Code, submit to the congressional defense committees a 
report detailing the use of funds requested in research, 
development, test and evaluation accounts for end-items 
used in development, prototyping and test activities pre-
ceding and leading to acceptance for operational use: Pro-
vided further, That the report shall set forth, for each end- 
item covered by the preceding proviso, a detailed list of 
the statutory authorities under which amounts in the ac-
counts described in that proviso were used for such item: 
Provided further, That the Secretary of Defense shall, at 
the time of the submittal to Congress of the budget of 
the President for fiscal year 2023 pursuant to section 
1105 of title 31, United States Code, submit to the con-
gressional defense committees a certification that funds 
requested for fiscal year 2023 in research, development, 
test and evaluation are in compliance with this section: 
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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. 8060. 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. 
SEC. 8061. 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 
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basis by certifying to the congressional defense committees 
that it is in the national interest to do so. 
SEC. 8062. The Secretary of Defense shall continue 
to provide a classified quarterly report to the Committees 
on Appropriations of the House of Representatives and the 
Senate, Subcommittees on Defense on certain matters as 
directed in the classified annex accompanying this Act. 
SEC. 8063. 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. 8064. 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) ren-
dered incapable of reuse by the demilitarization process; 
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or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified Military Articles issued by 
the Department of State. 
SEC. 8065. 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. 8066. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$152,925,875 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 
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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-
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. 8067. (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 
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(4) the process by which the National Intel-
ligence Program appropriations are allotted, obli-
gated and disbursed. 
(b) Nothing in subsection (a) shall be construed to 
prohibit the merger of programs or changes to the Na-
tional Intelligence Program budget at or below the Ex-
penditure Center level, provided such change is otherwise 
in accordance 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 
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(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. 8068. In addition to amounts provided else-
where in this Act, $5,000,000 is hereby appropriated to 
the Department of Defense, to remain available for obliga-
tion 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 inter-
est, 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 members when confronted with 
the illness or hospitalization of an eligible military bene-
ficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made 
in title II of this Act for ‘‘Operation and Maintenance, 
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
ation and Maintenance, Air Force’’ may be transferred by 
the military department concerned to its central fund es-
tablished for Fisher Houses and Suites pursuant to sec-
tion 2493(d) of title 10, United States Code. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 8070. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Navy’’, up to $1,000,000 shall be 
available for transfer to the John C. Stennis Center for 
Public Service Development Trust Fund established under 
section 116 of the John C. Stennis Center for Public Serv-
ice Training and Development Act (2 U.S.C. 1105). 
SEC. 8071. 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 Committees on Ap-
propriations of the House of Representatives and the Sen-
ate: 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 Ap-
propriations Committees: Provided further, That any pro-
posed modification shall not preclude the ability of the 
commander of United States Indo-Pacific Command to 
meet operational requirements. 
SEC. 8072. Any notice that is required to be sub-
mitted to the Committees on Appropriations of the House 
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of Representatives and the Senate under section 806(c)(4) 
of the Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (10 U.S.C. 2302 note) after the date 
of the enactment of this Act shall be submitted pursuant 
to that requirement concurrently to the Subcommittees on 
Defense of the Committees on Appropriations of the 
House of Representatives and the Senate. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8073. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, $500,000,000 shall be for the Israeli Cooperative 
Programs: Provided, That of this amount, $108,000,000 
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; $157,000,000 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 $30,000,000 shall 
be for co-production activities of SRBMD systems in the 
United States and in Israel to meet Israel’s defense re-
quirements consistent with each nation’s laws, regulations, 
and procedures, subject to the U.S.-Israeli co-production 
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agreement for SRBMD, as amended; $62,000,000 shall 
be for an upper-tier component to the Israeli Missile De-
fense Architecture, of which $62,000,000 shall be for co- 
production activities of Arrow 3 Upper Tier systems in 
the United States and in Israel to meet Israel’s defense 
requirements consistent with each nation’s laws, regula-
tions, and procedures, subject to the U.S.-Israeli co-pro-
duction agreement for Arrow 3 Upper Tier, as amended; 
and $173,000,000 shall be for the Arrow System Improve-
ment Program including development of a long range, 
ground and airborne, detection suite: Provided further, 
That the transfer authority provided under this provision 
is in addition to any other transfer authority contained 
in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8074. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$660,795,000 shall be available until September 30, 2022, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of the 
Navy shall transfer funds to the following appropriations 
in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available 
for the same purposes as the appropriations to which 
transferred to: 
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(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2013/2022: Carrier Replacement 
Program $291,000,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2015/2022: DDG–51 Destroyer 
$44,577,000; 
(3) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2016/2022: CVN Refueling Over-
hauls $158,800,000; 
(4) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2016/2022: DDG-51 Destroyer 
$1,176,000; 
(5) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2016/2022: Littoral Combat Ship 
$24,860,000; 
(6) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2016/2022: TAO Fleet Oiler 
$23,358,000; 
(7) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2017/2022: LPD-17 $53,682,000; 
(8) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2017/2022: Littoral Combat Ship 
$20,000,000; and 
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100 
(9) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2018/2022: TAO Fleet Oiler 
$43,342,000. 
SEC. 8075. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 
year 2022 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2022. 
SEC. 8076. None of the funds provided in this Act 
shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new 
program, project, or activity unless such program, project, 
or activity must be undertaken immediately in the interest 
of national security and only after written prior notifica-
tion to the congressional defense committees. 
SEC. 8077. The budget of the President for fiscal 
year 2023 submitted to the Congress pursuant to section 
1105 of title 31, United States Code, shall include sepa-
rate budget justification documents for costs of United 
States Armed Forces’ participation in contingency oper-
ations for the Military Personnel accounts, the Operation 
and Maintenance accounts, the Procurement accounts, 
and the Research, Development, Test and Evaluation ac-
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101 
counts: Provided, That these documents shall include a de-
scription of the funding requested for each contingency op-
eration, for each military service, to include all Active and 
Reserve components, and for each appropriations account: 
Provided further, That these documents shall include esti-
mated costs for each element of expense or object class, 
a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but 
not limited to, troop strength for each Active and Reserve 
component, and estimates of the major weapons systems 
deployed in support of each contingency: Provided further, 
That these documents shall include budget exhibits OP– 
5 and OP–32 (as defined in the Department of Defense 
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal 
years. 
SEC. 8078. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a 
missile defense system. 
SEC. 8079. The Secretary of Defense may use up to 
$650,000,000 of the amounts appropriated or otherwise 
made available in this Act to the Department of Defense 
for the rapid acquisition and deployment of supplies and 
associated support services pursuant to section 806 of the 
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102 
Bob Stump National Defense Authorization Act for Fiscal 
Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note), 
but only for the purposes specified in clauses (i), (ii), (iii), 
and (iv) of subsection (c)(3)(B) of such section and sub-
ject to the applicable limits specified in clauses (i), (ii), 
and (iii) of such subsection and, in the case of clause (iv) 
of such subsection, subject to a limit of $50,000,000: Pro-
vided, That the Secretary of Defense shall notify the con-
gressional defense committees promptly of all uses of this 
authority. 
SEC. 8080. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force 
shall allow the 53rd Weather Reconnaissance Squadron to 
perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8081. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
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103 
in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333. 
SEC. 8082. (a) None of the funds appropriated by 
this Act may be used to transfer research and develop-
ment, acquisition, or other program authority relating to 
current tactical unmanned aerial vehicles (TUAVs) from 
the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Gray Eagle Unmanned Aer-
ial Vehicle (UAV) in order to support the Secretary of De-
fense in matters relating to the employment of unmanned 
aerial vehicles. 
SEC. 8083. None of the funds appropriated by this 
Act for programs of the Office of the Director of National 
Intelligence shall remain available for obligation beyond 
the current fiscal year, except for funds appropriated for 
research and technology, which shall remain available until 
September 30, 2023, and except for funds appropriated 
for the purchase of real property, which shall remain avail-
able until September 30, 2024. 
SEC. 8084. For purposes of section 1553(b) of title 
31, United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
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104 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8085. (a) Not later than 60 days after the date 
of the enactment of this Act, the Director of National In-
telligence shall submit a report to the congressional intel-
ligence committees to establish the baseline for application 
of reprogramming and transfer authorities for fiscal year 
2022: Provided, That the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation by Expenditure Center and project; and 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence 
certifies in writing to the congressional intelligence com-
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105 
mittees that such reprogramming or transfer is necessary 
as an emergency requirement. 
SEC. 8086. Any transfer of amounts appropriated to 
the Department of Defense Acquisition Workforce Devel-
opment Account in or for fiscal year 2022 to a military 
department or Defense Agency pursuant to section 
1705(e)(1) of title 10, United States Code, shall be cov-
ered by and subject to section 8005 of this Act. 
SEC. 8087. (a) None of the funds provided for the 
National Intelligence Program in this or any prior appro-
priations Act shall be available for obligation or expendi-
ture through a reprogramming or transfer of funds in ac-
cordance with section 102A(d) of the National Security 
Act of 1947 (50 U.S.C. 3024(d)) that— 
(1) creates a new start effort; 
(2) terminates a program with appropriated 
funding of $10,000,000 or more; 
(3) transfers funding into or out of the Na-
tional Intelligence Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are 
notified 30 days in advance of such reprogramming 
of funds; this notification period may be reduced for 
urgent national security requirements. 
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106 
(b) None of the funds provided for the National Intel-
ligence Program in this or any prior appropriations Act 
shall be available for obligation or expenditure through a 
reprogramming or transfer of funds in accordance with 
section 102A(d) of the National Security Act of 1947 (50 
U.S.C. 3024(d)) that results in a cumulative increase or 
decrease of the levels specified in the classified annex ac-
companying the Act unless the congressional intelligence 
committees are notified 30 days in advance of such re-
programming of funds; this notification period may be re-
duced for urgent national security requirements. 
SEC. 8088. None of the funds appropriated by this 
Act may be available for the purpose of making remit-
tances to the Department of Defense Acquisition Work-
force Development Account in accordance with section 
1705 of title 10, United States Code. 
SEC. 8089. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public Web site of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agen-
cy that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report com-
promises national security; or 
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(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to 
the requesting Committee or Committees of Congress for 
no less than 45 days. 
SEC. 8090. (a) None of the funds appropriated or 
otherwise made available by this Act may be expended for 
any Federal contract for an amount in excess of 
$1,000,000, unless the contractor agrees not to— 
(1) enter into any agreement with any of its employ-
ees or independent contractors that requires, as a condi-
tion of employment, that the employee or independent con-
tractor agree to resolve through arbitration any claim 
under title VII of the Civil Rights Act of 1964 or any 
tort related to or arising out of sexual assault or harass-
ment, including assault and battery, intentional infliction 
of emotional distress, false imprisonment, or negligent hir-
ing, supervision, or retention; or 
(2) take any action to enforce any provision of an 
existing agreement with an employee or independent con-
tractor that mandates that the employee or independent 
contractor resolve through arbitration any claim under 
title VII of the Civil Rights Act of 1964 or any tort related 
to or arising out of sexual assault or harassment, includ-
ing assault and battery, intentional infliction of emotional 
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