Text of US HB 4365 (2023)

IB Union Calendar No. 93 118TH CONGRESS 1ST SESSION H. R. 4365 [Report No. 118–121] Making appropriations for the Department of Defense for the fiscal year ending September 30, 2024, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 27, 2023 Mr. CALVERT, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4365 RH A BILL Making appropriations for the Department of Defense for the fiscal year ending September 30, 2024, and for other purposes. VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4365 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for the 4 fiscal year ending September 30, 2024, for military func- 5 tions administered by the Department of Defense and for 6 other purposes, namely: 7 TITLE I 8 MILITARY PERSONNEL 9 MILITARY PERSONNEL, ARMY 10 For pay, allowances, individual clothing, subsistence, 11 interest on deposits, gratuities, permanent change of sta- 12 tion travel (including all expenses thereof for organiza- 13 tional movements), and expenses of temporary duty travel 14 between permanent duty stations, for members of the 15 Army on active duty (except members of reserve compo- 16 nents provided for elsewhere), cadets, and aviation cadets; 17 for members of the Reserve Officers’ Training Corps; and 18 for payments pursuant to section 156 of Public Law 97– 19 377, as amended (42 U.S.C. 402 note), and to the Depart- 20 ment of Defense Military Retirement Fund, 21 $50,230,906,000. 22 MILITARY PERSONNEL, NAVY 23 For pay, allowances, individual clothing, subsistence, 24 interest on deposits, gratuities, permanent change of sta- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4365 RH tion travel (including all expenses thereof for organiza- 1 tional movements), and expenses of temporary duty travel 2 between permanent duty stations, for members of the 3 Navy on active duty (except members of the Reserve pro- 4 vided for elsewhere), midshipmen, and aviation cadets; for 5 members of the Reserve Officers’ Training Corps; and for 6 payments pursuant to section 156 of Public Law 97–377, 7 as amended (42 U.S.C. 402 note), and to the Department 8 of Defense Military Retirement Fund, $37,615,388,000. 9 MILITARY PERSONNEL, MARINE CORPS 10 For pay, allowances, individual clothing, subsistence, 11 interest on deposits, gratuities, permanent change of sta- 12 tion travel (including all expenses thereof for organiza- 13 tional movements), and expenses of temporary duty travel 14 between permanent duty stations, for members of the Ma- 15 rine Corps on active duty (except members of the Reserve 16 provided for elsewhere); and for payments pursuant to sec- 17 tion 156 of Public Law 97–377, as amended (42 U.S.C. 18 402 note), and to the Department of Defense Military Re- 19 tirement Fund, $15,556,629,000. 20 MILITARY PERSONNEL, AIR FORCE 21 For pay, allowances, individual clothing, subsistence, 22 interest on deposits, gratuities, permanent change of sta- 23 tion travel (including all expenses thereof for organiza- 24 tional movements), and expenses of temporary duty travel 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4365 RH between permanent duty stations, for members of the Air 1 Force on active duty (except members of reserve compo- 2 nents provided for elsewhere), cadets, and aviation cadets; 3 for members of the Reserve Officers’ Training Corps; and 4 for payments pursuant to section 156 of Public Law 97– 5 377, as amended (42 U.S.C. 402 note), and to the Depart- 6 ment of Defense Military Retirement Fund, 7 $36,512,530,000. 8 MILITARY PERSONNEL, SPACE FORCE 9 For pay, allowances, individual clothing, subsistence, 10 interest on deposits, gratuities, permanent change of sta- 11 tion travel (including all expenses thereof for organiza- 12 tional movements), and expenses of temporary duty travel 13 between permanent duty stations, for members of the 14 Space Force on active duty and cadets; for members of 15 the Reserve Officers’ Training Corps; and for payments 16 pursuant to section 156 of Public Law 97–377, as amend- 17 ed (42 U.S.C. 402 note), and to the Department of De- 18 fense Military Retirement Fund, $1,239,573,000. 19 RESERVE PERSONNEL, ARMY 20 For pay, allowances, clothing, subsistence, gratuities, 21 travel, and related expenses for personnel of the Army Re- 22 serve on active duty under sections 10211, 10302, and 23 7038 of title 10, United States Code, or while serving on 24 active duty under section 12301(d) of title 10, United 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 4365 RH States Code, in connection with performing duty specified 1 in section 12310(a) of title 10, United States Code, or 2 while undergoing reserve training, or while performing 3 drills or equivalent duty or other duty, and expenses au- 4 thorized by section 16131 of title 10, United States Code; 5 and for payments to the Department of Defense Military 6 Retirement Fund, $5,367,436,000. 7 RESERVE PERSONNEL, NAVY 8 For pay, allowances, clothing, subsistence, gratuities, 9 travel, and related expenses for personnel of the Navy Re- 10 serve on active duty under section 10211 of title 10, 11 United States Code, or while serving on active duty under 12 section 12301(d) of title 10, United States Code, in con- 13 nection with performing duty specified in section 12310(a) 14 of title 10, United States Code, or while undergoing re- 15 serve training, or while performing drills or equivalent 16 duty, and expenses authorized by section 16131 of title 17 10, United States Code; and for payments to the Depart- 18 ment of Defense Military Retirement Fund, 19 $2,486,718,000. 20 RESERVE PERSONNEL, MARINE CORPS 21 For pay, allowances, clothing, subsistence, gratuities, 22 travel, and related expenses for personnel of the Marine 23 Corps Reserve on active duty under section 10211 of title 24 10, United States Code, or while serving on active duty 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 4365 RH under section 12301(d) of title 10, United States Code, 1 in connection with performing duty specified in section 2 12310(a) of title 10, United States Code, or while under- 3 going reserve training, or while performing drills or equiv- 4 alent duty, and for members of the Marine Corps platoon 5 leaders class, and expenses authorized by section 16131 6 of title 10, United States Code; and for payments to the 7 Department of Defense Military Retirement Fund, 8 $898,928,000. 9 RESERVE PERSONNEL, AIR FORCE 10 For pay, allowances, clothing, subsistence, gratuities, 11 travel, and related expenses for personnel of the Air Force 12 Reserve on active duty under sections 10211, 10305, and 13 9038 of title 10, United States Code, or while serving on 14 active duty under section 12301(d) of title 10, United 15 States Code, in connection with performing duty specified 16 in section 12310(a) of title 10, United States Code, or 17 while undergoing reserve training, or while performing 18 drills or equivalent duty or other duty, and expenses au- 19 thorized by section 16131 of title 10, United States Code; 20 and for payments to the Department of Defense Military 21 Retirement Fund, $2,459,466,000. 22 NATIONAL GUARD PERSONNEL, ARMY 23 For pay, allowances, clothing, subsistence, gratuities, 24 travel, and related expenses for personnel of the Army Na- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 4365 RH tional Guard while on duty under sections 10211, 10302, 1 or 12402 of title 10 or section 708 of title 32, United 2 States Code, or while serving on duty under section 3 12301(d) of title 10 or section 502(f) of title 32, United 4 States Code, in connection with performing duty specified 5 in section 12310(a) of title 10, United States Code, or 6 while undergoing training, or while performing drills or 7 equivalent duty or other duty, and expenses authorized by 8 section 16131 of title 10, United States Code; and for pay- 9 ments to the Department of Defense Military Retirement 10 Fund, $9,766,369,000. 11 NATIONAL GUARD PERSONNEL, AIR FORCE 12 For pay, allowances, clothing, subsistence, gratuities, 13 travel, and related expenses for personnel of the Air Na- 14 tional Guard on duty under sections 10211, 10305, or 15 12402 of title 10 or section 708 of title 32, United States 16 Code, or while serving on duty under section 12301(d) of 17 title 10 or section 502(f) of title 32, United States Code, 18 in connection with performing duty specified in section 19 12310(a) of title 10, United States Code, or while under- 20 going training, or while performing drills or equivalent 21 duty or other duty, and expenses authorized by section 22 16131 of title 10, United States Code; and for payments 23 to the Department of Defense Military Retirement Fund, 24 $5,234,625,000. 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 4365 RH TITLE II 1 OPERATION AND MAINTENANCE 2 OPERATION AND MAINTENANCE, ARMY 3 For expenses, not otherwise provided for, necessary 4 for the operation and maintenance of the Army, as author- 5 ized by law, $60,525,399,000: Provided, That not to ex- 6 ceed $12,478,000 may be used for emergencies and ex- 7 traordinary expenses, to be expended upon the approval 8 or authority of the Secretary of the Army, and payments 9 may be made upon the Secretary’s certificate of necessity 10 for confidential military purposes. 11 OPERATION AND MAINTENANCE, NAVY 12 For expenses, not otherwise provided for, necessary 13 for the operation and maintenance of the Navy and the 14 Marine Corps, as authorized by law, $73,547,305,000: 15 Provided, That not to exceed $15,055,000 may be used 16 for emergencies and extraordinary expenses, to be ex- 17 pended upon the approval or authority of the Secretary 18 of the Navy, and payments may be made upon the Sec- 19 retary’s certificate of necessity for confidential military 20 purposes. 21 OPERATION AND MAINTENANCE, MARINE CORPS 22 For expenses, not otherwise provided for, necessary 23 for the operation and maintenance of the Marine Corps, 24 as authorized by law, $10,909,609,000. 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 4365 RH OPERATION AND MAINTENANCE, AIR FORCE 1 For expenses, not otherwise provided for, necessary 2 for the operation and maintenance of the Air Force, as 3 authorized by law, $63,460,822,000: Provided, That not 4 to exceed $7,699,000 may be used for emergencies and 5 extraordinary expenses, to be expended upon the approval 6 or authority of the Secretary of the Air Force, and pay- 7 ments may be made upon the Secretary’s certificate of ne- 8 cessity for confidential military purposes. 9 OPERATION AND MAINTENANCE, SPACE FORCE 10 For expenses, not otherwise provided for, necessary 11 for the operation and maintenance of the Space Force, as 12 authorized by law, $4,890,886,000. 13 OPERATION AND MAINTENANCE, DEFENSE-WIDE 14 (INCLUDING TRANSFER OF FUNDS) 15 For expenses, not otherwise provided for, necessary 16 for the operation and maintenance of activities and agen- 17 cies of the Department of Defense (other than the military 18 departments), as authorized by law, $52,453,715,000: 19 Provided, That not more than $2,981,000 may be used 20 for the Combatant Commander Initiative Fund authorized 21 under section 166a of title 10, United States Code: Pro- 22 vided further, That not to exceed $36,000,000 may be 23 used for emergencies and extraordinary expenses, to be ex- 24 pended upon the approval or authority of the Secretary 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 4365 RH of Defense, and payments may be made upon the Sec- 1 retary’s certificate of necessity for confidential military 2 purposes: Provided further, That of the funds provided 3 under this heading, not less than $55,000,000 shall be 4 made available for the Procurement Technical Assistance 5 Cooperative Agreement Program, of which not less than 6 $5,000,000 shall be available for centers defined in 10 7 U.S.C. 2411(1)(D): Provided further, That none of the 8 funds appropriated or otherwise made available by this 9 Act may be used to plan or implement the consolidation 10 of a budget or appropriations liaison office of the Office 11 of the Secretary of Defense, the office of the Secretary 12 of a military department, or the service headquarters of 13 one of the Armed Forces into a legislative affairs or legis- 14 lative liaison office: Provided further, That $25,968,000 15 to remain available until expended, is available only for 16 expenses relating to certain classified activities, and may 17 be transferred as necessary by the Secretary of Defense 18 to operation and maintenance appropriations or research, 19 development, test and evaluation appropriations, to be 20 merged with and to be available for the same time period 21 as the appropriations to which transferred: Provided fur- 22 ther, That any ceiling on the investment item unit cost 23 of items that may be purchased with operation and main- 24 tenance funds shall not apply to the funds described in 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 4365 RH the preceding proviso: Provided further, That of the funds 1 provided under this heading, $2,304,649,000, of which 2 $1,343,580,000, to remain available until September 30, 3 2025, shall be available to provide support and assistance 4 to foreign security forces or other groups or individuals 5 to conduct, support or facilitate counterterrorism, crisis 6 response, or other Department of Defense security co- 7 operation programs: Provided further, That the Secretary 8 of Defense shall provide quarterly reports to the Commit- 9 tees on Appropriations of the House of Representatives 10 and the Senate on the use and status of funds made avail- 11 able in this paragraph: Provided further, That the transfer 12 authority provided under this heading is in addition to any 13 other transfer authority provided elsewhere in this Act. 14 COUNTER-ISIS TRAIN AND EQUIP FUND 15 For the ‘‘Counter-Islamic State of Iraq and Syria 16 Train and Equip Fund’’, $397,950,000, to remain avail- 17 able until September 30, 2025: Provided, That such funds 18 shall be available to the Secretary of Defense in coordina- 19 tion with the Secretary of State, to provide assistance, in- 20 cluding training; equipment; logistics support, supplies, 21 and services; stipends; infrastructure repair and renova- 22 tion; construction for facility fortification and humane 23 treatment; and sustainment, to foreign security forces, ir- 24 regular forces, groups, or individuals participating, or pre- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 4365 RH paring to participate in activities to counter the Islamic 1 State of Iraq and Syria, and their affiliated or associated 2 groups: Provided further, That amounts made available 3 under this heading shall be available to provide assistance 4 only for activities in a country designated by the Secretary 5 of Defense, in coordination with the Secretary of State, 6 as having a security mission to counter the Islamic State 7 of Iraq and Syria, and following written notification to the 8 congressional defense committees of such designation: 9 Provided further, That the Secretary of Defense shall en- 10 sure that prior to providing assistance to elements of any 11 forces or individuals, such elements or individuals are ap- 12 propriately vetted, including at a minimum, assessing such 13 elements for associations with terrorist groups or groups 14 associated with the Government of Iran; and receiving 15 commitments from such elements to promote respect for 16 human rights and the rule of law: Provided further, That 17 the Secretary of Defense shall, not fewer than 15 days 18 prior to obligating from this appropriation account, notify 19 the congressional defense committees in writing of the de- 20 tails of any such obligation: Provided further, That the 21 Secretary of Defense may accept and retain contributions, 22 including assistance in-kind, from foreign governments, 23 including the Government of Iraq and other entities, to 24 carry out assistance authorized under this heading: Pro- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 14 •HR 4365 RH vided further, That contributions of funds for the purposes 1 provided herein from any foreign government or other en- 2 tity may be credited to this Fund, to remain available until 3 expended, and used for such purposes: Provided further, 4 That the Secretary of Defense shall prioritize such con- 5 tributions when providing any assistance for construction 6 for facility fortification: Provided further, That the Sec- 7 retary of Defense may waive a provision of law relating 8 to the acquisition of items and support services or sections 9 40 and 40A of the Arms Export Control Act (22 U.S.C. 10 2780 and 2785) if the Secretary determines that such pro- 11 vision of law would prohibit, restrict, delay or otherwise 12 limit the provision of such assistance and a notice of and 13 justification for such waiver is submitted to the congres- 14 sional defense committees, the Committees on Appropria- 15 tions and Foreign Relations of the Senate and the Com- 16 mittees on Appropriations and Foreign Affairs of the 17 House of Representatives: Provided further, That the 18 United States may accept equipment procured using funds 19 provided under this heading that was transferred to secu- 20 rity forces, irregular forces, or groups participating, or 21 preparing to participate in activities to counter the Islamic 22 State of Iraq and Syria and returned by such forces or 23 groups to the United States, and such equipment may be 24 treated as stocks of the Department of Defense upon writ- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 15 •HR 4365 RH ten notification to the congressional defense committees: 1 Provided further, That equipment procured using funds 2 provided under this heading and not yet transferred to se- 3 curity forces, irregular forces, or groups participating, or 4 preparing to participate in activities to counter the Islamic 5 State of Iraq and Syria may be treated as stocks of the 6 Department of Defense when determined by the Secretary 7 to no longer be required for transfer to such forces or 8 groups and upon written notification to the congressional 9 defense committees: Provided further, That the Secretary 10 of Defense shall provide quarterly reports to the congres- 11 sional defense committees on the use of funds provided 12 under this heading, including, but not limited to, the num- 13 ber of individuals trained, the nature and scope of support 14 and sustainment provided to each group or individual, the 15 area of operations for each group, and the contributions 16 of other countries, groups, or individuals: Provided further, 17 That of the funds provided under this heading for stipends 18 for foreign security forces, irregular forces, groups, or in- 19 dividuals participating, or preparing to participate in ac- 20 tivities to counter ISIS in Syria, fifty percent shall not 21 be available for obligation or expenditure until the Sec- 22 retary of Defense reports to the Committees on Appropria- 23 tions of the House of Representatives and the Senate that 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 16 •HR 4365 RH measures are in place to ensure accountability of such 1 funds. 2 OPERATION AND MAINTENANCE, ARMY RESERVE 3 For expenses, not otherwise provided for, necessary 4 for the operation and maintenance, including training, or- 5 ganization, and administration, of the Army Reserve; re- 6 pair of facilities and equipment; hire of passenger motor 7 vehicles; travel and transportation; care of the dead; re- 8 cruiting; procurement of services, supplies, and equip- 9 ment; and communications, $3,559,248,000. 10 OPERATION AND MAINTENANCE, NAVY RESERVE 11 For expenses, not otherwise provided for, necessary 12 for the operation and maintenance, including training, or- 13 ganization, and administration, of the Navy Reserve; re- 14 pair of facilities and equipment; hire of passenger motor 15 vehicles; travel and transportation; care of the dead; re- 16 cruiting; procurement of services, supplies, and equip- 17 ment; and communications, $1,366,710,000. 18 OPERATION AND MAINTENANCE, MARINE CORPS 19 RESERVE 20 For expenses, not otherwise provided for, necessary 21 for the operation and maintenance, including training, or- 22 ganization, and administration, of the Marine Corps Re- 23 serve; repair of facilities and equipment; hire of passenger 24 motor vehicles; travel and transportation; care of the dead; 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 17 •HR 4365 RH recruiting; procurement of services, supplies, and equip- 1 ment; and communications, $323,395,000. 2 OPERATION AND MAINTENANCE, AIR FORCE RESERVE 3 For expenses, not otherwise provided for, necessary 4 for the operation and maintenance, including training, or- 5 ganization, and administration, of the Air Force Reserve; 6 repair of facilities and equipment; hire of passenger motor 7 vehicles; travel and transportation; care of the dead; re- 8 cruiting; procurement of services, supplies, and equip- 9 ment; and communications, $4,056,196,000. 10 OPERATION AND MAINTENANCE, ARMY NATIONAL 11 GUARD 12 For expenses of training, organizing, and admin- 13 istering the Army National Guard, including medical and 14 hospital treatment and related expenses in non-Federal 15 hospitals; maintenance, operation, and repairs to struc- 16 tures and facilities; hire of passenger motor vehicles; per- 17 sonnel services in the National Guard Bureau; travel ex- 18 penses (other than mileage), as authorized by law for 19 Army personnel on active duty, for Army National Guard 20 division, regimental, and battalion commanders while in- 21 specting units in compliance with National Guard Bureau 22 regulations when specifically authorized by the Chief, Na- 23 tional Guard Bureau; supplying and equipping the Army 24 National Guard as authorized by law; and expenses of re- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 18 •HR 4365 RH pair, modification, maintenance, and issue of supplies and 1 equipment (including aircraft), $8,612,404,000. 2 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 3 For expenses of training, organizing, and admin- 4 istering the Air National Guard, including medical and 5 hospital treatment and related expenses in non-Federal 6 hospitals; maintenance, operation, and repairs to struc- 7 tures and facilities; transportation of things, hire of pas- 8 senger motor vehicles; supplying and equipping the Air 9 National Guard, as authorized by law; expenses for repair, 10 modification, maintenance, and issue of supplies and 11 equipment, including those furnished from stocks under 12 the control of agencies of the Department of Defense; 13 travel expenses (other than mileage) on the same basis as 14 authorized by law for Air National Guard personnel on 15 active Federal duty, for Air National Guard commanders 16 while inspecting units in compliance with National Guard 17 Bureau regulations when specifically authorized by the 18 Chief, National Guard Bureau, $7,250,745,000. 19 UNITED STATES COURT OF APPEALS FOR THE ARMED 20 FORCES 21 For salaries and expenses necessary for the United 22 States Court of Appeals for the Armed Forces, 23 $16,620,000, of which not to exceed $10,000 may be used 24 for official representation purposes. 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 19 •HR 4365 RH ENVIRONMENTAL RESTORATION, ARMY 1 (INCLUDING TRANSFER OF FUNDS) 2 For the Department of the Army, $198,760,000, to 3 remain available until transferred: Provided, That the Sec- 4 retary of the Army shall, upon determining that such 5 funds are required for environmental restoration, reduc- 6 tion and recycling of hazardous waste, removal of unsafe 7 buildings and debris of the Department of the Army, or 8 for similar purposes, transfer the funds made available by 9 this appropriation to other appropriations made available 10 to the Department of the Army, to be merged with and 11 to be available for the same purposes and for the same 12 time period as the appropriations to which transferred: 13 Provided further, That upon a determination that all or 14 part of the funds transferred from this appropriation are 15 not necessary for the purposes provided herein, such 16 amounts may be transferred back to this appropriation: 17 Provided further, That the transfer authority provided 18 under this heading is in addition to any other transfer au- 19 thority provided elsewhere in this Act. 20 ENVIRONMENTAL RESTORATION, NAVY 21 (INCLUDING TRANSFER OF FUNDS) 22 For the Department of the Navy, $345,240,000, to 23 remain available until transferred: Provided, That the Sec- 24 retary of the Navy shall, upon determining that such 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 20 •HR 4365 RH funds are required for environmental restoration, reduc- 1 tion and recycling of hazardous waste, removal of unsafe 2 buildings and debris of the Department of the Navy, or 3 for similar purposes, transfer the funds made available by 4 this appropriation to other appropriations made available 5 to the Department of the Navy, to be merged with and 6 to be available for the same purposes and for the same 7 time period as the appropriations to which transferred: 8 Provided further, That upon a determination that all or 9 part of the funds transferred from this appropriation are 10 not necessary for the purposes provided herein, such 11 amounts may be transferred back to this appropriation: 12 Provided further, That the transfer authority provided 13 under this heading is in addition to any other transfer au- 14 thority provided elsewhere in this Act. 15 ENVIRONMENTAL RESTORATION, AIR FORCE 16 (INCLUDING TRANSFER OF FUNDS) 17 For the Department of the Air Force, $359,744,000, 18 to remain available until transferred: Provided, That the 19 Secretary of the Air Force shall, upon determining that 20 such funds are required for environmental restoration, re- 21 duction and recycling of hazardous waste, removal of un- 22 safe buildings and debris of the Department of the Air 23 Force, or for similar purposes, transfer the funds made 24 available by this appropriation to other appropriations 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 21 •HR 4365 RH made available to the Department of the Air Force, to be 1 merged with and to be available for the same purposes 2 and for the same time period as the appropriations to 3 which transferred: Provided further, That upon a deter- 4 mination that all or part of the funds transferred from 5 this appropriation are not necessary for the purposes pro- 6 vided herein, such amounts may be transferred back to 7 this appropriation: Provided further, That the transfer au- 8 thority provided under this heading is in addition to any 9 other transfer authority provided elsewhere in this Act. 10 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 11 (INCLUDING TRANSFER OF FUNDS) 12 For the Department of Defense, $8,965,000, to re- 13 main available until transferred: Provided, That the Sec- 14 retary of Defense shall, upon determining that such funds 15 are required for environmental restoration, reduction and 16 recycling of hazardous waste, removal of unsafe buildings 17 and debris of the Department of Defense, or for similar 18 purposes, transfer the funds made available by this appro- 19 priation to other appropriations made available to the De- 20 partment of Defense, to be merged with and to be avail- 21 able for the same purposes and for the same time period 22 as the appropriations to which transferred: Provided fur- 23 ther, That upon a determination that all or part of the 24 funds transferred from this appropriation are not nec- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 22 •HR 4365 RH essary for the purposes provided herein, such amounts 1 may be transferred back to this appropriation: Provided 2 further, That the transfer authority provided under this 3 heading is in addition to any other transfer authority pro- 4 vided elsewhere in this Act. 5 ENVIRONMENTAL RESTORATION, FORMERLY USED 6 DEFENSE SITES 7 (INCLUDING TRANSFER OF FUNDS) 8 For the Department of the Army, $232,806,000, to 9 remain available until transferred: Provided, That the Sec- 10 retary of the Army shall, upon determining that such 11 funds are required for environmental restoration, reduc- 12 tion and recycling of hazardous waste, removal of unsafe 13 buildings and debris at sites formerly used by the Depart- 14 ment of Defense, transfer the funds made available by this 15 appropriation to other appropriations made available to 16 the Department of the Army, to be merged with and to 17 be available for the same purposes and for the same time 18 period as the appropriations to which transferred: Pro- 19 vided further, That upon a determination that all or part 20 of the funds transferred from this appropriation are not 21 necessary for the purposes provided herein, such amounts 22 may be transferred back to this appropriation: Provided 23 further, That the transfer authority provided under this 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 23 •HR 4365 RH heading is in addition to any other transfer authority pro- 1 vided elsewhere in this Act. 2 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 3 For expenses relating to the Overseas Humanitarian, 4 Disaster, and Civic Aid programs of the Department of 5 Defense (consisting of the programs provided under sec- 6 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 7 United States Code), $142,500,000, to remain available 8 until September 30, 2025. 9 COOPERATIVE THREAT REDUCTION ACCOUNT 10 For assistance, including assistance provided by con- 11 tract or by grants, under programs and activities of the 12 Department of Defense Cooperative Threat Reduction 13 Program authorized under the Department of Defense Co- 14 operative Threat Reduction Act, $350,999,000, to remain 15 available until September 30, 2026. 16 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 17 DEVELOPMENT ACCOUNT 18 For the Department of Defense Acquisition Work- 19 force Development Account, $54,977,000: Provided, That 20 no other amounts may be otherwise credited or transferred 21 to the Account, or deposited into the Account, in fiscal 22 year 2024 pursuant to section 1705(d) of title 10, United 23 States Code. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 24 •HR 4365 RH TITLE III 1 PROCUREMENT 2 AIRCRAFT PROCUREMENT, ARMY 3 For construction, procurement, production, modifica- 4 tion, and modernization of aircraft, equipment, including 5 ordnance, ground handling equipment, spare parts, and 6 accessories therefor; specialized equipment and training 7 devices; expansion of public and private plants, including 8 the land necessary therefor, for the foregoing purposes, 9 and such lands and interests therein, may be acquired, 10 and construction prosecuted thereon prior to approval of 11 title; and procurement and installation of equipment, ap- 12 pliances, and machine tools in public and private plants; 13 reserve plant and Government and contractor-owned 14 equipment layaway; and other expenses necessary for the 15 foregoing purposes, $3,030,767,000, to remain available 16 for obligation until September 30, 2026. 17 MISSILE PROCUREMENT, ARMY 18 For construction, procurement, production, modifica- 19 tion, and modernization of missiles, equipment, including 20 ordnance, ground handling equipment, spare parts, and 21 accessories therefor; specialized equipment and training 22 devices; expansion of public and private plants, including 23 the land necessary therefor, for the foregoing purposes, 24 and such lands and interests therein, may be acquired, 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 25 •HR 4365 RH and construction prosecuted thereon prior to approval of 1 title; and procurement and installation of equipment, ap- 2 pliances, and machine tools in public and private plants; 3 reserve plant and Government and contractor-owned 4 equipment layaway; and other expenses necessary for the 5 foregoing purposes, $4,483,806,000, to remain available 6 for obligation until September 30, 2026. 7 PROCUREMENT OF WEAPONS AND TRACKED COMBAT 8 VEHICLES, ARMY 9 For construction, procurement, production, and 10 modification of weapons and tracked combat vehicles, 11 equipment, including ordnance, spare parts, and acces- 12 sories therefor; specialized equipment and training devices; 13 expansion of public and private plants, including the land 14 necessary therefor, for the foregoing purposes, and such 15 lands and interests therein, may be acquired, and con- 16 struction prosecuted thereon prior to approval of title; and 17 procurement and installation of equipment, appliances, 18 and machine tools in public and private plants; reserve 19 plant and Government and contractor-owned equipment 20 layaway; and other expenses necessary for the foregoing 21 purposes, $3,943,584,000, to remain available for obliga- 22 tion until September 30, 2026. 23 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 26 •HR 4365 RH PROCUREMENT OF AMMUNITION, ARMY 1 For construction, procurement, production, and 2 modification of ammunition, and accessories therefor; spe- 3 cialized equipment and training devices; expansion of pub- 4 lic and private plants, including ammunition facilities, au- 5 thorized by section 2854 of title 10, United States Code, 6 and the land necessary therefor, for the foregoing pur- 7 poses, and such lands and interests therein, may be ac- 8 quired, and construction prosecuted thereon prior to ap- 9 proval of title; and procurement and installation of equip- 10 ment, appliances, and machine tools in public and private 11 plants; reserve plant and Government and contractor- 12 owned equipment layaway; and other expenses necessary 13 for the foregoing purposes, $2,971,928,000, to remain 14 available for obligation until September 30, 2026. 15 OTHER PROCUREMENT, ARMY 16 For construction, procurement, production, and 17 modification of vehicles, including tactical, support, and 18 non-tracked combat vehicles; the purchase of passenger 19 motor vehicles for replacement only; communications and 20 electronic equipment; other support equipment; spare 21 parts, ordnance, and accessories therefor; specialized 22 equipment and training devices; expansion of public and 23 private plants, including the land necessary therefor, for 24 the foregoing purposes, and such lands and interests 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 27 •HR 4365 RH therein, may be acquired, and construction prosecuted 1 thereon prior to approval of title; and procurement and 2 installation of equipment, appliances, and machine tools 3 in public and private plants; reserve plant and Govern- 4 ment and contractor-owned equipment layaway; and other 5 expenses necessary for the foregoing purposes, 6 $8,679,516,000, to remain available for obligation until 7 September 30, 2026. 8 AIRCRAFT PROCUREMENT, NAVY 9 For construction, procurement, production, modifica- 10 tion, and modernization of aircraft, equipment, including 11 ordnance, spare parts, and accessories therefor; specialized 12 equipment; expansion of public and private plants, includ- 13 ing the land necessary therefor, and such lands and inter- 14 ests therein, may be acquired, and construction prosecuted 15 thereon prior to approval of title; and procurement and 16 installation of equipment, appliances, and machine tools 17 in public and private plants; reserve plant and Govern- 18 ment and contractor-owned equipment layaway, 19 $17,450,040,000, to remain available for obligation until 20 September 30, 2026. 21 WEAPONS PROCUREMENT, NAVY 22 For construction, procurement, production, modifica- 23 tion, and modernization of missiles, torpedoes, other weap- 24 ons, and related support equipment including spare parts, 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 28 •HR 4365 RH and accessories therefor; expansion of public and private 1 plants, including the land necessary therefor, and such 2 lands and interests therein, may be acquired, and con- 3 struction prosecuted thereon prior to approval of title; and 4 procurement and installation of equipment, appliances, 5 and machine tools in public and private plants; reserve 6 plant and Government and contractor-owned equipment 7 layaway, $5,826,997,000, to remain available for obliga- 8 tion until September 30, 2026. 9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE 10 CORPS 11 For construction, procurement, production, and 12 modification of ammunition, and accessories therefor; spe- 13 cialized equipment and training devices; expansion of pub- 14 lic and private plants, including ammunition facilities, au- 15 thorized by section 2854 of title 10, United States Code, 16 and the land necessary therefor, for the foregoing pur- 17 poses, and such lands and interests therein, may be ac- 18 quired, and construction prosecuted thereon prior to ap- 19 proval of title; and procurement and installation of equip- 20 ment, appliances, and machine tools in public and private 21 plants; reserve plant and Government and contractor- 22 owned equipment layaway; and other expenses necessary 23 for the foregoing purposes, $1,238,558,000, to remain 24 available for obligation until September 30, 2026. 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 29 •HR 4365 RH SHIPBUILDING AND CONVERSION, NAVY 1 For expenses necessary for the construction, acquisi- 2 tion, or conversion of vessels as authorized by law, includ- 3 ing armor and armament thereof, plant equipment, appli- 4 ances, and machine tools and installation thereof in public 5 and private plants; reserve plant and Government and con- 6 tractor-owned equipment layaway; procurement of critical, 7 long lead time components and designs for vessels to be 8 constructed or converted in the future; and expansion of 9 public and private plants, including land necessary there- 10 for, and such lands and interests therein, may be acquired, 11 and construction prosecuted thereon prior to approval of 12 title, as follows: 13 Columbia Class Submarine, $2,443,598,000; 14 Columbia Class Submarine (AP), 15 $3,390,734,000; 16 Carrier Replacement Program (CVN–80), 17 $1,104,421,000; 18 Carrier Replacement Program (CVN–81), 19 $800,492,000; 20 Virginia Class Submarine, $7,129,965,000; 21 Virginia Class Submarine (AP), 22 $3,215,539,000; 23 CVN Refueling Overhauls (AP), $802,988,000; 24 DDG–1000 Program, $318,655,000; 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 30 •HR 4365 RH DDG–51 Destroyer, $4,199,179,000; 1 DDG–51 Destroyer (AP), $284,035,000; 2 FFG–Frigate, $2,133,861,000; 3 LHA Replacement, $1,830,149,000; 4 AS Submarine Tender, $1,544,595,000; 5 TAO Fleet Oiler, $815,420,000; 6 LCU 1700, $62,532,000; 7 Ship to Shore Connector, $400,000,000; 8 Service Craft, $85,115,000; 9 LCAC SLEP, $15,286,000; 10 Auxiliary Vessels, $142,008,000; 11 For outfitting, post delivery, conversions, and 12 first destination transportation, $539,681,000; and 13 Completion of Prior Year Shipbuilding Pro- 14 grams, $1,648,559,000. 15 In all: $32,906,812,000, to remain available for obligation 16 until September 30, 2028: Provided, That additional obli- 17 gations may be incurred after September 30, 2028, for 18 engineering services, tests, evaluations, and other such 19 budgeted work that must be performed in the final stage 20 of ship construction: Provided further, That none of the 21 funds provided under this heading for the construction or 22 conversion of any naval vessel to be constructed in ship- 23 yards in the United States shall be expended in foreign 24 facilities for the construction of major components of such 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 31 •HR 4365 RH vessel: Provided further, That none of the funds provided 1 under this heading shall be used for the construction of 2 any naval vessel in foreign shipyards: Provided further, 3 That funds appropriated or otherwise made available by 4 this Act for Columbia Class Submarine (AP) may be avail- 5 able for the purposes authorized by subsections (f), (g), 6 (h) or (i) of section 2218a of title 10, United States Code, 7 only in accordance with the provisions of the applicable 8 subsection. 9 OTHER PROCUREMENT, NAVY 10 For procurement, production, and modernization of 11 support equipment and materials not otherwise provided 12 for, Navy ordnance (except ordnance for new aircraft, new 13 ships, and ships authorized for conversion); the purchase 14 of passenger motor vehicles for replacement only; expan- 15 sion of public and private plants, including the land nec- 16 essary therefor, and such lands and interests therein, may 17 be acquired, and construction prosecuted thereon prior to 18 approval of title; and procurement and installation of 19 equipment, appliances, and machine tools in public and 20 private plants; reserve plant and Government and con- 21 tractor-owned equipment layaway, $13,675,677,000, to 22 remain available for obligation until September 30, 2026: 23 Provided, That such funds are also available for the main- 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 32 •HR 4365 RH tenance, repair, and modernization of ships under a pilot 1 program established for such purposes. 2 PROCUREMENT, MARINE CORPS 3 For expenses necessary for the procurement, manu- 4 facture, and modification of missiles, armament, military 5 equipment, spare parts, and accessories therefor; plant 6 equipment, appliances, and machine tools, and installation 7 thereof in public and private plants; reserve plant and 8 Government and contractor-owned equipment layaway; ve- 9 hicles for the Marine Corps, including the purchase of pas- 10 senger motor vehicles for replacement only; and expansion 11 of public and private plants, including land necessary 12 therefor, and such lands and interests therein, may be ac- 13 quired, and construction prosecuted thereon prior to ap- 14 proval of title, $3,775,224,000, to remain available for ob- 15 ligation until September 30, 2026. 16 AIRCRAFT PROCUREMENT, AIR FORCE 17 For construction, procurement, and modification of 18 aircraft and equipment, including armor and armament, 19 specialized ground handling equipment, and training de- 20 vices, spare parts, and accessories therefor; specialized 21 equipment; expansion of public and private plants, Gov- 22 ernment-owned equipment and installation thereof in such 23 plants, erection of structures, and acquisition of land, for 24 the foregoing purposes, and such lands and interests 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 33 •HR 4365 RH therein, may be acquired, and construction prosecuted 1 thereon prior to approval of title; reserve plant and Gov- 2 ernment and contractor-owned equipment layaway; and 3 other expenses necessary for the foregoing purposes in- 4 cluding rents and transportation of things, 5 $20,196,409,000, to remain available for obligation until 6 September 30, 2026. 7 MISSILE PROCUREMENT, AIR FORCE 8 For construction, procurement, and modification of 9 missiles, rockets, and related equipment, including spare 10 parts and accessories therefor; ground handling equip- 11 ment, and training devices; expansion of public and pri- 12 vate plants, Government-owned equipment and installa- 13 tion thereof in such plants, erection of structures, and ac- 14 quisition of land, for the foregoing purposes, and such 15 lands and interests therein, may be acquired, and con- 16 struction prosecuted thereon prior to approval of title; re- 17 serve plant and Government and contractor-owned equip- 18 ment layaway; and other expenses necessary for the fore- 19 going purposes including rents and transportation of 20 things, $4,401,753,000, to remain available for obligation 21 until September 30, 2026. 22 PROCUREMENT OF AMMUNITION, AIR FORCE 23 For construction, procurement, production, and 24 modification of ammunition, and accessories therefor; spe- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 34 •HR 4365 RH cialized equipment and training devices; expansion of pub- 1 lic and private plants, including ammunition facilities, au- 2 thorized by section 2854 of title 10, United States Code, 3 and the land necessary therefor, for the foregoing pur- 4 poses, and such lands and interests therein, may be ac- 5 quired, and construction prosecuted thereon prior to ap- 6 proval of title; and procurement and installation of equip- 7 ment, appliances, and machine tools in public and private 8 plants; reserve plant and Government and contractor- 9 owned equipment layaway; and other expenses necessary 10 for the foregoing purposes, $642,448,000, to remain avail- 11 able for obligation until September 30, 2026. 12 OTHER PROCUREMENT, AIR FORCE 13 For procurement and modification of equipment (in- 14 cluding ground guidance and electronic control equipment, 15 and ground electronic and communication equipment), 16 and supplies, materials, and spare parts therefor, not oth- 17 erwise provided for; the purchase of passenger motor vehi- 18 cles for replacement only; lease of passenger motor vehi- 19 cles; and expansion of public and private plants, Govern- 20 ment-owned equipment and installation thereof in such 21 plants, erection of structures, and acquisition of land, for 22 the foregoing purposes, and such lands and interests 23 therein, may be acquired, and construction prosecuted 24 thereon, prior to approval of title; reserve plant and Gov- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 35 •HR 4365 RH ernment and contractor-owned equipment layaway, 1 $29,819,938,000, to remain available for obligation until 2 September 30, 2026. 3 PROCUREMENT, SPACE FORCE 4 For construction, procurement, and modification of 5 spacecraft, rockets, and related equipment, including 6 spare parts and accessories therefor; ground handling 7 equipment, and training devices; expansion of public and 8 private plants, Government-owned equipment and installa- 9 tion thereof in such plants, erection of structures, and ac- 10 quisition of land, for the foregoing purposes, and such 11 lands and interests therein, may be acquired, and con- 12 struction prosecuted thereon prior to approval of title; re- 13 serve plant and Government and contractor-owned equip- 14 ment layaway; and other expenses necessary for the fore- 15 going purposes including rents and transportation of 16 things, $4,109,201,000, to remain available for obligation 17 until September 30, 2026. 18 PROCUREMENT, DEFENSE-WIDE 19 For expenses of activities and agencies of the Depart- 20 ment of Defense (other than the military departments) 21 necessary for procurement, production, and modification 22 of equipment, supplies, materials, and spare parts there- 23 for, not otherwise provided for; the purchase of passenger 24 motor vehicles for replacement only; expansion of public 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 36 •HR 4365 RH and private plants, equipment, and installation thereof in 1 such plants, erection of structures, and acquisition of land 2 for the foregoing purposes, and such lands and interests 3 therein, may be acquired, and construction prosecuted 4 thereon prior to approval of title; reserve plant and Gov- 5 ernment and contractor-owned equipment layaway, 6 $6,289,820,000, to remain available for obligation until 7 September 30, 2026. 8 DEFENSE PRODUCTION ACT PURCHASES 9 For activities by the Department of Defense pursuant 10 to sections 108, 301, 302, and 303 of the Defense Produc- 11 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 12 $618,605,000, to remain available for obligation until Sep- 13 tember 30, 2026, which shall be obligated and expended 14 by the Secretary of Defense as if delegated the necessary 15 authorities conferred by the Defense Production Act of 16 1950. 17 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT 18 For procurement of rotary-wing aircraft; combat, tac- 19 tical and support vehicles; other weapons; and other pro- 20 curement items for the reserve components of the Armed 21 Forces, $1,000,000,000, to remain available for obligation 22 until September 30, 2026: Provided, That the Chiefs of 23 National Guard and Reserve components shall, not later 24 than 30 days after enactment of this Act, individually sub- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 37 •HR 4365 RH mit to the congressional defense committees the mod- 1 ernization priority assessment for their respective Na- 2 tional Guard or Reserve component: Provided further, 3 That none of the funds made available by this paragraph 4 may be used to procure manned fixed wing aircraft, or 5 procure or modify missiles, munitions, or ammunition. 6 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 38 •HR 4365 RH TITLE IV 1 RESEARCH, DEVELOPMENT, TEST AND 2 EVALUATION 3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 4 ARMY 5 For expenses necessary for basic and applied sci- 6 entific research, development, test and evaluation, includ- 7 ing maintenance, rehabilitation, lease, and operation of fa- 8 cilities and equipment, $16,758,462,000, to remain avail- 9 able for obligation until September 30, 2025. 10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 11 NAVY 12 For expenses necessary for basic and applied sci- 13 entific research, development, test and evaluation, includ- 14 ing maintenance, rehabilitation, lease, and operation of fa- 15 cilities and equipment, $27,690,777,000, to remain avail- 16 able for obligation until September 30, 2025: Provided, 17 That funds appropriated in this paragraph which are 18 available for the V–22 may be used to meet unique oper- 19 ational requirements of the Special Operations Forces. 20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 21 AIR FORCE 22 For expenses necessary for basic and applied sci- 23 entific research, development, test and evaluation, includ- 24 ing maintenance, rehabilitation, lease, and operation of fa- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 39 •HR 4365 RH cilities and equipment, $46,479,858,000, to remain avail- 1 able for obligation until September 30, 2025. 2 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 3 SPACE FORCE 4 For expenses necessary for basic and applied sci- 5 entific research, development, test and evaluation, includ- 6 ing maintenance, rehabilitation, lease, and operation of fa- 7 cilities and equipment, $18,839,144,000, to remain avail- 8 able until September 30, 2025. 9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 10 DEFENSE-WIDE 11 For expenses of activities and agencies of the Depart- 12 ment of Defense (other than the military departments), 13 necessary for basic and applied scientific research, devel- 14 opment, test and evaluation; advanced research projects 15 as may be designated and determined by the Secretary 16 of Defense, pursuant to law; maintenance, rehabilitation, 17 lease, and operation of facilities and equipment, 18 $36,782,566,000, to remain available for obligation until 19 September 30, 2025. 20 OPERATIONAL TEST AND EVALUATION, DEFENSE 21 For expenses, not otherwise provided for, necessary 22 for the independent activities of the Director, Operational 23 Test and Evaluation, in the direction and supervision of 24 operational test and evaluation, including initial oper- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 40 •HR 4365 RH ational test and evaluation which is conducted prior to, 1 and in support of, production decisions; joint operational 2 testing and evaluation; and administrative expenses in 3 connection therewith, $285,444,000, to remain available 4 for obligation until September 30, 2025. 5 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 41 •HR 4365 RH TITLE V 1 REVOLVING AND MANAGEMENT FUNDS 2 DEFENSE WORKING CAPITAL FUNDS 3 For the Defense Working Capital Funds, 4 $1,666,779,000. 5 NATIONAL DEFENSE STOCKPILE TRANSACTION FUND 6 For the National Defense Stockpile Transaction 7 Fund, $7,629,000, for activities pursuant to the Strategic 8 and Critical Materials Stock Piling Act (50 U.S.C. 98 et 9 seq.). 10 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 42 •HR 4365 RH TITLE VI 1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 2 DEFENSE HEALTH PROGRAM 3 For expenses, not otherwise provided for, for medical 4 and health care programs of the Department of Defense 5 as authorized by law, $39,365,472,000; of which 6 $36,826,743,000 shall be for operation and maintenance, 7 of which not to exceed one percent shall remain available 8 for obligation until September 30, 2025, and of which up 9 to $19,762,352,000 may be available for contracts entered 10 into under the TRICARE program; of which 11 $381,881,000, to remain available for obligation until Sep- 12 tember 30, 2026, shall be for procurement; and of which 13 $2,156,848,000, to remain available for obligation until 14 September 30, 2025, shall be for research, development, 15 test and evaluation: Provided, That, notwithstanding any 16 other provision of law, of the amount made available under 17 this heading for research, development, test and evalua- 18 tion, not less than $12,000,000 shall be available for HIV 19 prevention educational activities undertaken in connection 20 with United States military training, exercises, and hu- 21 manitarian assistance activities conducted primarily in Af- 22 rican nations: Provided further, That of the funds provided 23 under this heading for research, development, test and 24 evaluation, not less than $1,154,000,000 shall be made 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 43 •HR 4365 RH available to the Defense Health Agency to carry out the 1 congressionally directed medical research programs: Pro- 2 vided further, That the Secretary of Defense shall submit 3 to the congressional defense committees quarterly reports 4 on the current status of the electronic health record pro- 5 gram: Provided further, That the Comptroller General of 6 the United States shall perform quarterly performance re- 7 views of the electronic health record program. 8 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 9 DEFENSE 10 For expenses, not otherwise provided for, necessary 11 for the destruction of the United States stockpile of lethal 12 chemical agents and munitions in accordance with the pro- 13 visions of section 1412 of the Department of Defense Au- 14 thorization Act, 1986 (50 U.S.C. 1521), and for the de- 15 struction of other chemical warfare materials that are not 16 in the chemical weapon stockpile, $1,091,844,000, of 17 which $89,284,000 shall be for operation and mainte- 18 nance, of which no less than $57,875,000 shall be for the 19 Chemical Stockpile Emergency Preparedness Program, 20 consisting of $23,676,000 for activities on military instal- 21 lations and $34,199,000, to remain available until Sep- 22 tember 30, 2025, to assist State and local governments; 23 and $1,002,560,000, to remain available until September 24 30, 2025, shall be for research, development, test and eval- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 44 •HR 4365 RH uation, of which $1,000,467,000 shall only be for the As- 1 sembled Chemical Weapons Alternatives program. 2 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 3 DEFENSE 4 (INCLUDING TRANSFER OF FUNDS) 5 For drug interdiction and counter-drug activities of 6 the Department of Defense, for transfer to appropriations 7 available to the Department of Defense for military per- 8 sonnel of the reserve components serving under the provi- 9 sions of title 10 and title 32, United States Code; for oper- 10 ation and maintenance; for procurement; and for research, 11 development, test and evaluation, $1,162,161,000, of 12 which $693,848,000 shall be for counter-narcotics sup- 13 port; $138,313,000 shall be for the drug demand reduc- 14 tion program; $300,000,000 shall be for the National 15 Guard counter-drug program; and $30,000,000 shall be 16 for the National Guard counter-drug schools program: 17 Provided, That the funds appropriated under this heading 18 shall be available for obligation for the same time period 19 and for the same purpose as the appropriation to which 20 transferred: Provided further, That upon a determination 21 that all or part of the funds transferred from this appro- 22 priation are not necessary for the purposes provided here- 23 in, such amounts may be transferred back to this appro- 24 priation: Provided further, That the transfer authority pro- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 45 •HR 4365 RH vided under this heading is in addition to any other trans- 1 fer authority contained elsewhere in this Act: Provided fur- 2 ther, That funds appropriated under this heading may be 3 used to support a new start program or project only after 4 written prior notification to the Committees on Appropria- 5 tions of the House of Representatives and the Senate. 6 OFFICE OF THE INSPECTOR GENERAL 7 For expenses and activities of the Office of the In- 8 spector General in carrying out the provisions of the In- 9 spector General Act of 1978, as amended, $506,629,000, 10 of which $502,131,000 shall be for operation and mainte- 11 nance, of which not to exceed $700,000 is available for 12 emergencies and extraordinary expenses to be expended 13 upon the approval or authority of the Inspector General, 14 and payments may be made upon the Inspector General’s 15 certificate of necessity for confidential military purposes; 16 of which $1,098,000, to remain available for obligation 17 until September 30, 2026, shall be for procurement; and 18 of which $3,400,000, to remain available until September 19 30, 2025, shall be for research, development, test and eval- 20 uation. 21 22 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 46 •HR 4365 RH TITLE VII 1 RELATED AGENCIES 2 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 3 DISABILITY SYSTEM FUND 4 For payment to the Central Intelligence Agency Re- 5 tirement and Disability System Fund, to maintain the 6 proper funding level for continuing the operation of the 7 Central Intelligence Agency Retirement and Disability 8 System, $514,000,000. 9 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 10 For necessary expenses of the Intelligence Commu- 11 nity Management Account, $608,820,000. 12 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 47 •HR 4365 RH TITLE VIII 1 GENERAL PROVISIONS 2 SEC. 8001. No part of any appropriation contained 3 in this Act shall be used for publicity or propaganda pur- 4 poses not authorized by the Congress. 5 SEC. 8002. During the current fiscal year, provisions 6 of law prohibiting the payment of compensation to, or em- 7 ployment of, any person not a citizen of the United States 8 shall not apply to personnel of the Department of Defense: 9 Provided, That salary increases granted to direct and indi- 10 rect hire foreign national employees of the Department of 11 Defense funded by this Act shall not be at a rate in excess 12 of the percentage increase authorized by law for civilian 13 employees of the Department of Defense whose pay is 14 computed under the provisions of section 5332 of title 5, 15 United States Code, or at a rate in excess of the percent- 16 age increase provided by the appropriate host nation to 17 its own employees, whichever is higher: Provided further, 18 That this section shall not apply to Department of De- 19 fense foreign service national employees serving at United 20 States diplomatic missions whose pay is set by the Depart- 21 ment of State under the Foreign Service Act of 1980: Pro- 22 vided further, That the limitations of this provision shall 23 not apply to foreign national employees of the Department 24 of Defense in the Republic of Turkey. 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 48 •HR 4365 RH SEC. 8003. No part of any appropriation contained 1 in this Act shall remain available for obligation beyond 2 the current fiscal year, unless expressly so provided herein. 3 SEC. 8004. No more than 20 percent of the appro- 4 priations in this Act which are limited for obligation dur- 5 ing the current fiscal year shall be obligated during the 6 last 2 months of the fiscal year: Provided, That this sec- 7 tion shall not apply to obligations for support of active 8 duty training of reserve components or summer camp 9 training of the Reserve Officers’ Training Corps. 10 (TRANSFER OF FUNDS) 11 SEC. 8005. Upon determination by the Secretary of 12 Defense that such action is necessary in the national inter- 13 est, the Secretary may, with the approval of the Office 14 of Management and Budget, transfer not to exceed 15 $6,000,000,000 of working capital funds of the Depart- 16 ment of Defense or funds made available in this Act to 17 the Department of Defense for military functions (except 18 military construction) between such appropriations or 19 funds or any subdivision thereof, to be merged with and 20 to be available for the same purposes, and for the same 21 time period, as the appropriation or fund to which trans- 22 ferred: Provided, That such authority to transfer may not 23 be used unless for higher priority items, based on unfore- 24 seen military requirements, than those for which originally 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 49 •HR 4365 RH appropriated and in no case where the item for which 1 funds are requested has been denied by the Congress: Pro- 2 vided further, That the Secretary of Defense shall notify 3 the Congress promptly of all transfers made pursuant to 4 this authority or any other authority in this Act: Provided 5 further, That no part of the funds in this Act shall be 6 available to prepare or present a request to the Commit- 7 tees on Appropriations of the House of Representatives 8 and the Senate for reprogramming of funds, unless for 9 higher priority items, based on unforeseen military re- 10 quirements, than those for which originally appropriated 11 and in no case where the item for which reprogramming 12 is requested has been denied by the Congress: Provided 13 further, That a request for multiple reprogrammings of 14 funds using authority provided in this section shall be 15 made prior to June 30, 2024: Provided further, That 16 transfers among military personnel appropriations shall 17 not be taken into account for purposes of the limitation 18 on the amount of funds that may be transferred under 19 this section. 20 SEC. 8006. (a) With regard to the list of specific pro- 21 grams, projects, and activities (and the dollar amounts 22 and adjustments to budget activities corresponding to 23 such programs, projects, and activities) contained in the 24 tables titled Explanation of Project Level Adjustments in 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 50 •HR 4365 RH the explanatory statement regarding this Act and the ta- 1 bles contained in the classified annex accompanying this 2 Act, the obligation and expenditure of amounts appro- 3 priated or otherwise made available in this Act for those 4 programs, projects, and activities are hereby required by 5 law to be carried out in the manner provided by such ta- 6 bles to the same extent as if the tables were included in 7 the text of this Act. 8 (b) Amounts specified in the referenced tables de- 9 scribed in subsection (a) shall not be treated as subdivi- 10 sions of appropriations for purposes of section 8005 of this 11 Act: Provided, That section 8005 shall apply when trans- 12 fers of the amounts described in subsection (a) occur be- 13 tween appropriation accounts. 14 SEC. 8007. (a) Not later than 60 days after the date 15 of the enactment of this Act, the Department of Defense 16 shall submit a report to the congressional defense commit- 17 tees to establish the baseline for application of reprogram- 18 ming and transfer authorities for fiscal year 2024: Pro- 19 vided, That the report shall include— 20 (1) a table for each appropriation with a sepa- 21 rate column to display the President’s budget re- 22 quest, adjustments made by Congress, adjustments 23 due to enacted rescissions, if appropriate, and the 24 fiscal year enacted level; 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 51 •HR 4365 RH (2) a delineation in the table for each appro- 1 priation both by budget activity and program, 2 project, and activity as detailed in the Budget Ap- 3 pendix; and 4 (3) an identification of items of special congres- 5 sional interest. 6 (b) Notwithstanding section 8005 of this Act, none 7 of the funds provided in this Act shall be available for 8 reprogramming or transfer until the report identified in 9 subsection (a) is submitted to the congressional defense 10 committees, unless the Secretary of Defense certifies in 11 writing to the congressional defense committees that such 12 reprogramming or transfer is necessary as an emergency 13 requirement: Provided, That this subsection shall not 14 apply to transfers from the following appropriations ac- 15 counts: 16 (1) ‘‘Environmental Restoration, Army’’; 17 (2) ‘‘Environmental Restoration, Navy’’; 18 (3) ‘‘Environmental Restoration, Air Force’’; 19 (4) ‘‘Environmental Restoration, Defense- 20 Wide’’; 21 (5) ‘‘Environmental Restoration, Formerly 22 Used Defense Sites’’; and 23 (6) ‘‘Drug Interdiction and Counter-drug Ac- 24 tivities, Defense’’. 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 52 •HR 4365 RH (TRANSFER OF FUNDS) 1 SEC. 8008. During the current fiscal year, cash bal- 2 ances in working capital funds of the Department of De- 3 fense established pursuant to section 2208 of title 10, 4 United States Code, may be maintained in only such 5 amounts as are necessary at any time for cash disburse- 6 ments to be made from such funds: Provided, That trans- 7 fers may be made between such funds: Provided further, 8 That transfers may be made between working capital 9 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 10 appropriation and the ‘‘Operation and Maintenance’’ ap- 11 propriation accounts in such amounts as may be deter- 12 mined by the Secretary of Defense, with the approval of 13 the Office of Management and Budget, except that such 14 transfers may not be made unless the Secretary of Defense 15 has notified the Congress of the proposed transfer: Pro- 16 vided further, That except in amounts equal to the 17 amounts appropriated to working capital funds in this Act, 18 no obligations may be made against a working capital fund 19 to procure or increase the value of war reserve material 20 inventory, unless the Secretary of Defense has notified the 21 Congress prior to any such obligation. 22 SEC. 8009. Funds appropriated by this Act may not 23 be used to initiate a special access program without prior 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 53 •HR 4365 RH notification 30 calendar days in advance to the congres- 1 sional defense committees. 2 SEC. 8010. None of the funds provided in this Act 3 shall be available to initiate: (1) a multiyear contract that 4 employs economic order quantity procurement in excess of 5 $20,000,000 in any one year of the contract or that in- 6 cludes an unfunded contingent liability in excess of 7 $20,000,000; or (2) a contract for advance procurement 8 leading to a multiyear contract that employs economic 9 order quantity procurement in excess of $20,000,000 in 10 any one year, unless the congressional defense committees 11 have been notified at least 30 days in advance of the pro- 12 posed contract award: Provided, That no part of any ap- 13 propriation contained in this Act shall be available to ini- 14 tiate a multiyear contract for which the economic order 15 quantity advance procurement is not funded at least to 16 the limits of the Government’s liability: Provided further, 17 That no part of any appropriation contained in this Act 18 shall be available to initiate multiyear procurement con- 19 tracts for any systems or component thereof if the value 20 of the multiyear contract would exceed $500,000,000 un- 21 less specifically provided in this Act: Provided further, 22 That no multiyear procurement contract can be termi- 23 nated without 30-day prior notification to the congres- 24 sional defense committees: Provided further, That the exe- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 54 •HR 4365 RH cution of multiyear authority shall require the use of a 1 present value analysis to determine lowest cost compared 2 to an annual procurement: Provided further, That none of 3 the funds provided in this Act may be used for a multiyear 4 contract executed after the date of the enactment of this 5 Act unless in the case of any such contract— 6 (1) the Secretary of Defense has submitted to 7 Congress a budget request for full funding of units 8 to be procured through the contract and, in the case 9 of a contract for procurement of aircraft, that in- 10 cludes, for any aircraft unit to be procured through 11 the contract for which procurement funds are re- 12 quested in that budget request for production be- 13 yond advance procurement activities in the fiscal 14 year covered by the budget, full funding of procure- 15 ment of such unit in that fiscal year; 16 (2) cancellation provisions in the contract do 17 not include consideration of recurring manufacturing 18 costs of the contractor associated with the produc- 19 tion of unfunded units to be delivered under the con- 20 tract; 21 (3) the contract provides that payments to the 22 contractor under the contract shall not be made in 23 advance of incurred costs on funded units; and 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 55 •HR 4365 RH (4) the contract does not provide for a price ad- 1 justment based on a failure to award a follow-on 2 contract. 3 Funds appropriated in title III of this Act may be used 4 for multiyear procurement contracts for Naval Strike Mis- 5 sile, Guided Multiple Launch Rocket System, PATRIOT 6 Advanced Capability-3 Missile Segment Enhancement, 7 Long Range Anti-Ship Missile, Joint Air-to-Surface 8 Standoff Missile, and USS Virginia Class (SSN-774). 9 SEC. 8011. Within the funds appropriated for the op- 10 eration and maintenance of the Armed Forces, funds are 11 hereby appropriated pursuant to section 401 of title 10, 12 United States Code, for humanitarian and civic assistance 13 costs under chapter 20 of title 10, United States Code: 14 Provided, That such funds may also be obligated for hu- 15 manitarian and civic assistance costs incidental to author- 16 ized operations and pursuant to authority granted in sec- 17 tion 401 of title 10, United States Code, and these obliga- 18 tions shall be reported as required by section 401(d) of 19 title 10, United States Code: Provided further, That funds 20 available for operation and maintenance shall be available 21 for providing humanitarian and similar assistance by 22 using Civic Action Teams in the Trust Territories of the 23 Pacific Islands and freely associated states of Micronesia, 24 pursuant to the Compact of Free Association as author- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 56 •HR 4365 RH ized by Public Law 99–239: Provided further, That upon 1 a determination by the Secretary of the Army that such 2 action is beneficial for graduate medical education pro- 3 grams conducted at Army medical facilities located in Ha- 4 waii, the Secretary of the Army may authorize the provi- 5 sion of medical services at such facilities and transpor- 6 tation to such facilities, on a nonreimbursable basis, for 7 civilian patients from American Samoa, the Common- 8 wealth of the Northern Mariana Islands, the Marshall Is- 9 lands, the Federated States of Micronesia, Palau, and 10 Guam. 11 SEC. 8012. None of the funds made available by this 12 Act shall be used in any way, directly or indirectly, to in- 13 fluence congressional action on any legislation or appro- 14 priation matters pending before the Congress. 15 SEC. 8013. None of the funds available in this Act 16 to the Department of Defense, other than appropriations 17 made for necessary or routine refurbishments, upgrades, 18 or maintenance activities, shall be used to reduce or to 19 prepare to reduce the number of deployed and non-de- 20 ployed strategic delivery vehicles and launchers below the 21 levels set forth in the report submitted to Congress in ac- 22 cordance with section 1042 of the National Defense Au- 23 thorization Act for Fiscal Year 2012. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 57 •HR 4365 RH (TRANSFER OF FUNDS) 1 SEC. 8014. (a) Funds appropriated in title III of this 2 Act for the Department of Defense Pilot Mentor-Prote´ge´ 3 Program may be transferred to any other appropriation 4 contained in this Act solely for the purpose of imple- 5 menting a Mentor-Prote´ge´ Program developmental assist- 6 ance agreement pursuant to section 831 of the National 7 Defense Authorization Act for Fiscal Year 1991 (Public 8 Law 101–510; 10 U.S.C. 2302 note), as amended, under 9 the authority of this provision or any other transfer au- 10 thority contained in this Act. 11 (b) The Secretary of Defense shall include with the 12 budget justification documents in support of the budget 13 for fiscal year 2025 (as submitted to Congress pursuant 14 to section 1105 of title 31, United States Code) a descrip- 15 tion of each transfer under this section that occurred dur- 16 ing the last fiscal year before the fiscal year in which such 17 budget is submitted. 18 SEC. 8015. None of the funds in this Act may be 19 available for the purchase by the Department of Defense 20 (and its departments and agencies) of welded shipboard 21 anchor and mooring chain unless the anchor and mooring 22 chain are manufactured in the United States from compo- 23 nents which are substantially manufactured in the United 24 States: Provided, That for the purpose of this section, the 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 58 •HR 4365 RH term ‘‘manufactured’’ shall include cutting, heat treating, 1 quality control, testing of chain and welding (including the 2 forging and shot blasting process): Provided further, That 3 for the purpose of this section substantially all of the com- 4 ponents of anchor and mooring chain shall be considered 5 to be produced or manufactured in the United States if 6 the aggregate cost of the components produced or manu- 7 factured in the United States exceeds the aggregate cost 8 of the components produced or manufactured outside the 9 United States: Provided further, That when adequate do- 10 mestic supplies are not available to meet Department of 11 Defense requirements on a timely basis, the Secretary of 12 the Service responsible for the procurement may waive this 13 restriction on a case-by-case basis by certifying in writing 14 to the Committees on Appropriations of the House of Rep- 15 resentatives and the Senate that such an acquisition must 16 be made in order to acquire capability for national security 17 purposes. 18 SEC. 8016. None of the funds appropriated by this 19 Act shall be used for the support of any nonappropriated 20 funds activity of the Department of Defense that procures 21 malt beverages and wine with nonappropriated funds for 22 resale (including such alcoholic beverages sold by the 23 drink) on a military installation located in the United 24 States unless such malt beverages and wine are procured 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 59 •HR 4365 RH within that State, or in the case of the District of Colum- 1 bia, within the District of Columbia, in which the military 2 installation is located: Provided, That, in a case in which 3 the military installation is located in more than one State, 4 purchases may be made in any State in which the installa- 5 tion is located: Provided further, That such local procure- 6 ment requirements for malt beverages and wine shall 7 apply to all alcoholic beverages only for military installa- 8 tions in States which are not contiguous with another 9 State: Provided further, That alcoholic beverages other 10 than wine and malt beverages, in contiguous States and 11 the District of Columbia shall be procured from the most 12 competitive source, price and other factors considered. 13 SEC. 8017. None of the funds available to the De- 14 partment of Defense may be used to demilitarize or dis- 15 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 16 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 17 to demilitarize or destroy small arms ammunition or am- 18 munition components that are not otherwise prohibited 19 from commercial sale under Federal law, unless the small 20 arms ammunition or ammunition components are certified 21 by the Secretary of the Army or designee as unserviceable 22 or unsafe for further use. 23 SEC. 8018. No more than $500,000 of the funds ap- 24 propriated or made available in this Act shall be used dur- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 60 •HR 4365 RH ing a single fiscal year for any single relocation of an orga- 1 nization, unit, activity or function of the Department of 2 Defense into or within the National Capital Region: Pro- 3 vided, That the Secretary of Defense may waive this re- 4 striction on a case-by-case basis by certifying in writing 5 to the congressional defense committees that such a relo- 6 cation is required in the best interest of the Government. 7 SEC. 8019. In addition to the funds provided else- 8 where in this Act, $25,000,000 is appropriated only for 9 incentive payments authorized by section 504 of the In- 10 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 11 That a prime contractor or a subcontractor at any tier 12 that makes a subcontract award to any subcontractor or 13 supplier as defined in section 1544 of title 25, United 14 States Code, or a small business owned and controlled by 15 an individual or individuals defined under section 4221(9) 16 of title 25, United States Code, shall be considered a con- 17 tractor for the purposes of being allowed additional com- 18 pensation under section 504 of the Indian Financing Act 19 of 1974 (25 U.S.C. 1544) whenever the prime contract 20 or subcontract amount is over $500,000 and involves the 21 expenditure of funds appropriated by an Act making ap- 22 propriations for the Department of Defense with respect 23 to any fiscal year: Provided further, That notwithstanding 24 section 1906 of title 41, United States Code, this section 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 61 •HR 4365 RH shall be applicable to any Department of Defense acquisi- 1 tion of supplies or services, including any contract and any 2 subcontract at any tier for acquisition of commercial items 3 produced or manufactured, in whole or in part, by any 4 subcontractor or supplier defined in section 1544 of title 5 25, United States Code, or a small business owned and 6 controlled by an individual or individuals defined under 7 section 4221(9) of title 25, United States Code. 8 SEC. 8020. (a) Notwithstanding any other provision 9 of law, the Secretary of the Air Force may convey at no 10 cost to the Air Force, without consideration, to Indian 11 tribes located in the States of Nevada, Idaho, North Da- 12 kota, South Dakota, Montana, Oregon, Minnesota, and 13 Washington relocatable military housing units located at 14 Grand Forks Air Force Base, Malmstrom Air Force Base, 15 Mountain Home Air Force Base, Ellsworth Air Force 16 Base, and Minot Air Force Base that are excess to the 17 needs of the Air Force. 18 (b) The Secretary of the Air Force shall convey, at 19 no cost to the Air Force, military housing units under sub- 20 section (a) in accordance with the request for such units 21 that are submitted to the Secretary by the Operation 22 Walking Shield Program on behalf of Indian tribes located 23 in the States of Nevada, Idaho, North Dakota, South Da- 24 kota, Montana, Oregon, Minnesota, and Washington. Any 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 62 •HR 4365 RH such conveyance shall be subject to the condition that the 1 housing units shall be removed within a reasonable period 2 of time, as determined by the Secretary. 3 (c) The Operation Walking Shield Program shall re- 4 solve any conflicts among requests of Indian tribes for 5 housing units under subsection (a) before submitting re- 6 quests to the Secretary of the Air Force under subsection 7 (b). 8 (d) In this section, the term ‘‘Indian tribe’’ means 9 any recognized Indian tribe included on the current list 10 published by the Secretary of the Interior under section 11 104 of the Federally Recognized Indian Tribe Act of 1994 12 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 13 SEC. 8021. Of the funds appropriated to the Depart- 14 ment of Defense under the heading ‘‘Operation and Main- 15 tenance, Defense-Wide’’, not less than $20,000,000 shall 16 be made available only for the mitigation of environmental 17 impacts, including training and technical assistance to 18 tribes, related administrative support, the gathering of in- 19 formation, documenting of environmental damage, and de- 20 veloping a system for prioritization of mitigation and cost 21 to complete estimates for mitigation, on Indian lands re- 22 sulting from Department of Defense activities. 23 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 63 •HR 4365 RH SEC. 8022. Funds appropriated by this Act for the 1 Defense Media Activity shall not be used for any national 2 or international political or psychological activities. 3 SEC. 8023. (a) Of the funds made available in this 4 Act, not less than $68,100,000 shall be available for the 5 Civil Air Patrol Corporation, of which— 6 (1) $55,100,000 shall be available from ‘‘Oper- 7 ation and Maintenance, Air Force’’ to support Civil 8 Air Patrol Corporation operation and maintenance, 9 readiness, counter-drug activities, and drug demand 10 reduction activities involving youth programs; 11 (2) $11,000,000 shall be available from ‘‘Air- 12 craft Procurement, Air Force’’; and 13 (3) $2,000,000 shall be available from ‘‘Other 14 Procurement, Air Force’’ for vehicle procurement. 15 (b) The Secretary of the Air Force should waive reim- 16 bursement for any funds used by the Civil Air Patrol for 17 counter-drug activities in support of Federal, State, and 18 local government agencies. 19 SEC. 8024. (a) None of the funds appropriated in this 20 Act are available to establish a new Department of De- 21 fense (department) federally funded research and develop- 22 ment center (FFRDC), either as a new entity, or as a 23 separate entity administrated by an organization man- 24 aging another FFRDC, or as a nonprofit membership cor- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 64 •HR 4365 RH poration consisting of a consortium of other FFRDCs and 1 other nonprofit entities. 2 (b) No member of a Board of Directors, Trustees, 3 Overseers, Advisory Group, Special Issues Panel, Visiting 4 Committee, or any similar entity of a defense FFRDC, 5 and no paid consultant to any defense FFRDC, except 6 when acting in a technical advisory capacity, may be com- 7 pensated for his or her services as a member of such enti- 8 ty, or as a paid consultant by more than one FFRDC in 9 a fiscal year: Provided, That a member of any such entity 10 referred to previously in this subsection shall be allowed 11 travel expenses and per diem as authorized under the Fed- 12 eral Joint Travel Regulations, when engaged in the per- 13 formance of membership duties. 14 (c) Notwithstanding any other provision of law, none 15 of the funds available to the Department from any source 16 during the current fiscal year may be used by a defense 17 FFRDC, through a fee or other payment mechanism, for 18 construction of new buildings not located on a military in- 19 stallation, for payment of cost sharing for projects funded 20 by Government grants, for absorption of contract over- 21 runs, or for certain charitable contributions, not to include 22 employee participation in community service and/or devel- 23 opment. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 65 •HR 4365 RH (d) Notwithstanding any other provision of law, of 1 the funds available to the department during fiscal year 2 2024, not more than $2,885,000,000 may be funded for 3 professional technical staff-related costs of the defense 4 FFRDCs: Provided, That within such funds, not more 5 than $456,803,000 shall be available for the defense stud- 6 ies and analysis FFRDCs: Provided further, That this sub- 7 section shall not apply to staff years funded in the Na- 8 tional Intelligence Program and the Military Intelligence 9 Program: Provided further, That the Secretary of Defense 10 shall, with the submission of the department’s fiscal year 11 2025 budget request, submit a report presenting the spe- 12 cific amounts of staff years of technical effort to be allo- 13 cated for each defense FFRDC by program during that 14 fiscal year and the associated budget estimates, by appro- 15 priation account and program: Provided further, That this 16 subsection shall not apply to appropriations for the Na- 17 tional Intelligence Program and Military Intelligence Pro- 18 gram. 19 SEC. 8025. For the purposes of this Act, the term 20 ‘‘congressional defense committees’’ means the Armed 21 Services Committee of the House of Representatives, the 22 Armed Services Committee of the Senate, the Sub- 23 committee on Defense of the Committee on Appropriations 24 of the Senate, and the Subcommittee on Defense of the 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 66 •HR 4365 RH Committee on Appropriations of the House of Representa- 1 tives. 2 SEC. 8026. For the purposes of this Act, the term 3 ‘‘congressional intelligence committees’’ means the Perma- 4 nent Select Committee on Intelligence of the House of 5 Representatives, the Select Committee on Intelligence of 6 the Senate, the Subcommittee on Defense of the Com- 7 mittee on Appropriations of the House of Representatives, 8 and the Subcommittee on Defense of the Committee on 9 Appropriations of the Senate. 10 SEC. 8027. During the current fiscal year, the De- 11 partment of Defense may acquire the modification, depot 12 maintenance and repair of aircraft, vehicles and vessels 13 as well as the production of components and other De- 14 fense-related articles, through competition between De- 15 partment of Defense depot maintenance activities and pri- 16 vate firms: Provided, That the Senior Acquisition Execu- 17 tive of the military department or Defense Agency con- 18 cerned, with power of delegation, shall certify that success- 19 ful bids include comparable estimates of all direct and in- 20 direct costs for both public and private bids: Provided fur- 21 ther, That Office of Management and Budget Circular A– 22 76 shall not apply to competitions conducted under this 23 section. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 67 •HR 4365 RH SEC. 8028. (a) None of the funds appropriated in this 1 Act may be expended by an entity of the Department of 2 Defense unless the entity, in expending the funds, com- 3 plies with the Buy American Act. For purposes of this 4 subsection, the term ‘‘Buy American Act’’ means chapter 5 83 of title 41, United States Code. 6 (b) If the Secretary of Defense determines that a per- 7 son has been convicted of intentionally affixing a label 8 bearing a ‘‘Made in America’’ inscription to any product 9 sold in or shipped to the United States that is not made 10 in America, the Secretary shall determine, in accordance 11 with section 4658 of title 10, United States Code, whether 12 the person should be debarred from contracting with the 13 Department of Defense. 14 (c) In the case of any equipment or products pur- 15 chased with appropriations provided under this Act, it is 16 the sense of the Congress that any entity of the Depart- 17 ment of Defense, in expending the appropriation, purchase 18 only American-made equipment and products, provided 19 that American-made equipment and products are cost- 20 competitive, quality competitive, and available in a timely 21 fashion. 22 SEC. 8029. None of the funds appropriated or made 23 available in this Act shall be used to procure carbon, alloy, 24 or armor steel plate for use in any Government-owned fa- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 68 •HR 4365 RH cility or property under the control of the Department of 1 Defense which were not melted and rolled in the United 2 States or Canada: Provided, That these procurement re- 3 strictions shall apply to any and all Federal Supply Class 4 9515, American Society of Testing and Materials (ASTM) 5 or American Iron and Steel Institute (AISI) specifications 6 of carbon, alloy or armor steel plate: Provided further, 7 That the Secretary of the military department responsible 8 for the procurement may waive this restriction on a case- 9 by-case basis by certifying in writing to the Committees 10 on Appropriations of the House of Representatives and the 11 Senate that adequate domestic supplies are not available 12 to meet Department of Defense requirements on a timely 13 basis and that such an acquisition must be made in order 14 to acquire capability for national security purposes: Pro- 15 vided further, That these restrictions shall not apply to 16 contracts which are in being as of the date of the enact- 17 ment of this Act. 18 SEC. 8030. (a)(1) If the Secretary of Defense, after 19 consultation with the United States Trade Representative, 20 determines that a foreign country which is party to an 21 agreement described in paragraph (2) has violated the 22 terms of the agreement by discriminating against certain 23 types of products produced in the United States that are 24 covered by the agreement, the Secretary of Defense shall 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 69 •HR 4365 RH rescind the Secretary’s blanket waiver of the Buy Amer- 1 ican Act with respect to such types of products produced 2 in that foreign country. 3 (2) An agreement referred to in paragraph (1) is any 4 reciprocal defense procurement memorandum of under- 5 standing, between the United States and a foreign country 6 pursuant to which the Secretary of Defense has prospec- 7 tively waived the Buy American Act for certain products 8 in that country. 9 (b) The Secretary of Defense shall submit to the Con- 10 gress a report on the amount of Department of Defense 11 purchases from foreign entities in fiscal year 2024. Such 12 report shall separately indicate the dollar value of items 13 for which the Buy American Act was waived pursuant to 14 any agreement described in subsection (a)(2), the Trade 15 Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any 16 international agreement to which the United States is a 17 party. 18 (c) For purposes of this section, the term ‘‘Buy 19 American Act’’ means chapter 83 of title 41, United 20 States Code. 21 SEC. 8031. None of the funds appropriated by this 22 Act may be used for the procurement of ball and roller 23 bearings other than those produced by a domestic source 24 and of domestic origin: Provided, That the Secretary of 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 70 •HR 4365 RH the military department responsible for such procurement 1 may waive this restriction on a case-by-case basis by certi- 2 fying in writing to the Committees on Appropriations of 3 the House of Representatives and the Senate, that ade- 4 quate domestic supplies are not available to meet Depart- 5 ment of Defense requirements on a timely basis and that 6 such an acquisition must be made in order to acquire ca- 7 pability for national security purposes: Provided further, 8 That this restriction shall not apply to the purchase of 9 ‘‘commercial products’’, as defined by section 103 of title 10 41, United States Code, except that the restriction shall 11 apply to ball or roller bearings purchased as end items. 12 SEC. 8032. None of the funds in this Act may be 13 used to purchase any supercomputer which is not manu- 14 factured in the United States, unless the Secretary of De- 15 fense certifies to the congressional defense committees 16 that such an acquisition must be made in order to acquire 17 capability for national security purposes that is not avail- 18 able from United States manufacturers. 19 SEC. 8033. (a) The Secretary of Defense may, on a 20 case-by-case basis, waive with respect to a foreign country 21 each limitation on the procurement of defense items from 22 foreign sources provided in law if the Secretary determines 23 that the application of the limitation with respect to that 24 country would invalidate cooperative programs entered 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 71 •HR 4365 RH into between the Department of Defense and the foreign 1 country, or would invalidate reciprocal trade agreements 2 for the procurement of defense items entered into under 3 section 4851 of title 10, United States Code, and the 4 country does not discriminate against the same or similar 5 defense items produced in the United States for that coun- 6 try. 7 (b) Subsection (a) applies with respect to— 8 (1) contracts and subcontracts entered into on 9 or after the date of the enactment of this Act; and 10 (2) options for the procurement of items that 11 are exercised after such date under contracts that 12 are entered into before such date if the option prices 13 are adjusted for any reason other than the applica- 14 tion of a waiver granted under subsection (a). 15 (c) Subsection (a) does not apply to a limitation re- 16 garding construction of public vessels, ball and roller bear- 17 ings, food, and clothing or textile materials as defined by 18 section XI (chapters 50–65) of the Harmonized Tariff 19 Schedule of the United States and products classified 20 under headings 4010, 4202, 4203, 6401 through 6406, 21 6505, 7019, 7218 through 7229, 7304.41 through 22 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 23 8211, 8215, and 9404. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 72 •HR 4365 RH SEC. 8034. None of the funds made available in this 1 Act, or any subsequent Act making appropriations for the 2 Department of Defense, may be used for the purchase or 3 manufacture of a flag of the United States unless such 4 flags are treated as covered items under section 4862(b) 5 of title 10, United States Code. 6 SEC. 8035. During the current fiscal year, amounts 7 contained in the Department of Defense Overseas Military 8 Facility Investment Recovery Account shall be available 9 until expended for the payments specified by section 10 2687a(b)(2) of title 10, United States Code. 11 SEC. 8036. During the current fiscal year, appropria- 12 tions which are available to the Department of Defense 13 for operation and maintenance may be used to purchase 14 items having an investment item unit cost of not more 15 than $350,000: Provided, That upon determination by the 16 Secretary of Defense that such action is necessary to meet 17 the operational requirements of a Commander of a Com- 18 batant Command engaged in a named contingency oper- 19 ation overseas, such funds may be used to purchase items 20 having an investment item unit cost of not more than 21 $500,000. 22 SEC. 8037. Up to $11,000,000 of the funds appro- 23 priated under the heading ‘‘Operation and Maintenance, 24 Navy’’ may be made available for the Asia Pacific Re- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 73 •HR 4365 RH gional Initiative Program for the purpose of enabling the 1 United States Indo-Pacific Command to execute Theater 2 Security Cooperation activities such as humanitarian as- 3 sistance, and payment of incremental and personnel costs 4 of training and exercising with foreign security forces: 5 Provided, That funds made available for this purpose may 6 be used, notwithstanding any other funding authorities for 7 humanitarian assistance, security assistance or combined 8 exercise expenses: Provided further, That funds may not 9 be obligated to provide assistance to any foreign country 10 that is otherwise prohibited from receiving such type of 11 assistance under any other provision of law. 12 SEC. 8038. The Secretary of Defense shall issue reg- 13 ulations to prohibit the sale of any tobacco or tobacco- 14 related products in military resale outlets in the United 15 States, its territories and possessions at a price below the 16 most competitive price in the local community: Provided, 17 That such regulations shall direct that the prices of to- 18 bacco or tobacco-related products in overseas military re- 19 tail outlets shall be within the range of prices established 20 for military retail system stores located in the United 21 States. 22 SEC. 8039. (a) During the current fiscal year, none 23 of the appropriations or funds available to the Department 24 of Defense Working Capital Funds shall be used for the 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 74 •HR 4365 RH purchase of an investment item for the purpose of acquir- 1 ing a new inventory item for sale or anticipated sale dur- 2 ing the current fiscal year or a subsequent fiscal year to 3 customers of the Department of Defense Working Capital 4 Funds if such an item would not have been chargeable 5 to the Department of Defense Business Operations Fund 6 during fiscal year 1994 and if the purchase of such an 7 investment item would be chargeable during the current 8 fiscal year to appropriations made to the Department of 9 Defense for procurement. 10 (b) The fiscal year 2025 budget request for the De- 11 partment of Defense as well as all justification material 12 and other documentation supporting the fiscal year 2025 13 Department of Defense budget shall be prepared and sub- 14 mitted to the Congress on the basis that any equipment 15 which was classified as an end item and funded in a pro- 16 curement appropriation contained in this Act shall be 17 budgeted for in a proposed fiscal year 2025 procurement 18 appropriation and not in the supply management business 19 area or any other area or category of the Department of 20 Defense Working Capital Funds. 21 SEC. 8040. None of the funds appropriated by this 22 Act for programs of the Central Intelligence Agency shall 23 remain available for obligation beyond the current fiscal 24 year, except for funds appropriated for the Reserve for 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 75 •HR 4365 RH Contingencies, which shall remain available until Sep- 1 tember 30, 2025: Provided, That funds appropriated, 2 transferred, or otherwise credited to the Central Intel- 3 ligence Agency Central Services Working Capital Fund 4 during this or any prior or subsequent fiscal year shall 5 remain available until expended: Provided further, That 6 any funds appropriated or transferred to the Central Intel- 7 ligence Agency for advanced research and development ac- 8 quisition, for agent operations, and for covert action pro- 9 grams authorized by the President under section 503 of 10 the National Security Act of 1947 (50 U.S.C. 3093) shall 11 remain available until September 30, 2025: Provided fur- 12 ther, That any funds appropriated or transferred to the 13 Central Intelligence Agency for the construction, improve- 14 ment, or alteration of facilities, including leased facilities, 15 to be used primarily by personnel of the intelligence com- 16 munity, shall remain available until September 30, 2026. 17 SEC. 8041. (a) Except as provided in subsections (b) 18 and (c), none of the funds made available by this Act may 19 be used— 20 (1) to establish a field operating agency; or 21 (2) to pay the basic pay of a member of the 22 Armed Forces or civilian employee of the depart- 23 ment who is transferred or reassigned from a head- 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 76 •HR 4365 RH quarters activity if the member or employee’s place 1 of duty remains at the location of that headquarters. 2 (b) The Secretary of Defense or Secretary of a mili- 3 tary department may waive the limitations in subsection 4 (a), on a case-by-case basis, if the Secretary determines, 5 and certifies to the Committees on Appropriations of the 6 House of Representatives and the Senate that the grant- 7 ing of the waiver will reduce the personnel requirements 8 or the financial requirements of the department. 9 (c) This section does not apply to— 10 (1) field operating agencies funded within the 11 National Intelligence Program; 12 (2) an Army field operating agency established 13 to eliminate, mitigate, or counter the effects of im- 14 provised explosive devices, and, as determined by the 15 Secretary of the Army, other similar threats; 16 (3) an Army field operating agency established 17 to improve the effectiveness and efficiencies of bio- 18 metric activities and to integrate common biometric 19 technologies throughout the Department of Defense; 20 or 21 (4) an Air Force field operating agency estab- 22 lished to administer the Air Force Mortuary Affairs 23 Program and Mortuary Operations for the Depart- 24 ment of Defense and authorized Federal entities. 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 77 •HR 4365 RH SEC. 8042. (a) None of the funds appropriated by 1 this Act shall be available to convert to contractor per- 2 formance an activity or function of the Department of De- 3 fense that, on or after the date of the enactment of this 4 Act, is performed by Department of Defense civilian em- 5 ployees unless— 6 (1) the conversion is based on the result of a 7 public-private competition that includes a most effi- 8 cient and cost effective organization plan developed 9 by such activity or function; 10 (2) the Competitive Sourcing Official deter- 11 mines that, over all performance periods stated in 12 the solicitation of offers for performance of the ac- 13 tivity or function, the cost of performance of the ac- 14 tivity or function by a contractor would be less costly 15 to the Department of Defense by an amount that 16 equals or exceeds the lesser of— 17 (A) 10 percent of the most efficient organi- 18 zation’s personnel-related costs for performance 19 of that activity or function by Federal employ- 20 ees; or 21 (B) $10,000,000; and 22 (3) the contractor does not receive an advan- 23 tage for a proposal that would reduce costs for the 24 Department of Defense by— 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 78 •HR 4365 RH (A) not making an employer-sponsored 1 health insurance plan available to the workers 2 who are to be employed in the performance of 3 that activity or function under the contract; or 4 (B) offering to such workers an employer- 5 sponsored health benefits plan that requires the 6 employer to contribute less towards the pre- 7 mium or subscription share than the amount 8 that is paid by the Department of Defense for 9 health benefits for civilian employees under 10 chapter 89 of title 5, United States Code. 11 (b)(1) The Department of Defense, without regard 12 to subsection (a) of this section or subsection (a), (b), or 13 (c) of section 2461 of title 10, United States Code, and 14 notwithstanding any administrative regulation, require- 15 ment, or policy to the contrary shall have full authority 16 to enter into a contract for the performance of any com- 17 mercial or industrial type function of the Department of 18 Defense that— 19 (A) is included on the procurement list estab- 20 lished pursuant to section 2 of the Javits-Wagner- 21 O’Day Act (section 8503 of title 41, United States 22 Code); 23 (B) is planned to be converted to performance 24 by a qualified nonprofit agency for the blind or by 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 79 •HR 4365 RH a qualified nonprofit agency for other severely handi- 1 capped individuals in accordance with that Act; or 2 (C) is planned to be converted to performance 3 by a qualified firm under at least 51 percent owner- 4 ship by an Indian tribe, as defined in section 4(e) 5 of the Indian Self-Determination and Education As- 6 sistance Act (25 U.S.C. 450b(e)), or a Native Ha- 7 waiian Organization, as defined in section 8(a)(15) 8 of the Small Business Act (15 U.S.C. 637(a)(15)). 9 (2) This section shall not apply to depot contracts 10 or contracts for depot maintenance as provided in sections 11 2469 and 2474 of title 10, United States Code. 12 (c) The conversion of any activity or function of the 13 Department of Defense under the authority provided by 14 this section shall be credited toward any competitive or 15 outsourcing goal, target, or measurement that may be es- 16 tablished by statute, regulation, or policy and is deemed 17 to be awarded under the authority of, and in compliance 18 with, subsection (h) of section 2304 of title 10, United 19 States Code, for the competition or outsourcing of com- 20 mercial activities. 21 (RESCISSIONS) 22 SEC. 8043. Of the funds appropriated in Department 23 of Defense Appropriations Acts, the following funds are 24 hereby rescinded from the following accounts and pro- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 80 •HR 4365 RH grams in the specified amounts: Provided, That no 1 amounts may be rescinded from amounts that were des- 2 ignated by the Congress as an emergency requirement 3 pursuant to a concurrent resolution on the budget or the 4 Balanced Budget and Emergency Deficit Control Act of 5 1985: 6 ‘‘Missile Procurement, Army’’, 2022/2024, 7 $9,093,000; 8 ‘‘Procurement of Weapons and Tracked Combat 9 Vehicles, Army’’, 2022/2024, $1,900,000; 10 ‘‘Other Procurement, Army’’, 2022/2024, 11 $44,681,000; 12 ‘‘Aircraft Procurement, Navy’’, 2022/2024, 13 $1,428,000; 14 ‘‘Weapons Procurement, Navy’’, 2022/2024, 15 $13,058,000; 16 ‘‘Procurement of Ammunition, Navy and Ma- 17 rine Corps’’, 2022/2024, $1,012,000; 18 ‘‘Other Procurement, Navy’’, 2022/2024, 19 $2,975,000; 20 ‘‘Cooperative Threat Reduction Account’’, 21 2022/2024, $75,000,000; 22 ‘‘Operation and Maintenance, Defense-Wide’’, 23 2023/2024, $75,000,000; 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 81 •HR 4365 RH ‘‘Counter-ISIS Train and Equip Fund’’, 2023/ 1 2024, $50,000,000; 2 ‘‘Other Procurement, Army’’, 2023/2025, 3 $4,066,000; 4 ‘‘Aircraft Procurement, Navy’’, 2023/2025, 5 $10,033,000; 6 ‘‘Weapons Procurement, Navy’’, 2023/2025, 7 $53,139,000; 8 ‘‘Other Procurement, Navy’’, 2023/2025, 9 $1,550,000; 10 ‘‘Procurement, Marine Corps’’, 2023/2025, 11 $155,304,000; 12 ‘‘Other Procurement, Air Force’’, 2023/2025, 13 $45,000,000; 14 ‘‘Procurement, Defense-Wide’’, 2023/2025, 15 $32,148,000; 16 ‘‘Research, Development, Test and Evaluation, 17 Air Force’’, 2023/2024, $29,300,000; 18 ‘‘Army Working Capital Fund’’, XXXX/XXXX, 19 $100,000,000; and 20 ‘‘Navy Working Capital Fund’’, XXXX/XXXX, 21 $100,000,000. 22 SEC. 8044. None of the funds available in this Act 23 may be used to reduce the authorized positions for mili- 24 tary technicians (dual status) of the Army National 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 82 •HR 4365 RH Guard, Air National Guard, Army Reserve and Air Force 1 Reserve for the purpose of applying any administratively 2 imposed civilian personnel ceiling, freeze, or reduction on 3 military technicians (dual status), unless such reductions 4 are a direct result of a reduction in military force struc- 5 ture. 6 SEC. 8045. None of the funds appropriated or other- 7 wise made available in this Act may be obligated or ex- 8 pended for assistance to the Democratic People’s Republic 9 of Korea unless specifically appropriated for that purpose: 10 Provided, That this restriction shall not apply to any ac- 11 tivities incidental to the Defense POW/MIA Accounting 12 Agency mission to recover and identify the remains of 13 United States Armed Forces personnel from the Demo- 14 cratic People’s Republic of Korea. 15 SEC. 8046. Funds appropriated in this Act for oper- 16 ation and maintenance of the Military Departments, Com- 17 batant Commands and Defense Agencies shall be available 18 for reimbursement of pay, allowances and other expenses 19 which would otherwise be incurred against appropriations 20 for the National Guard and Reserve when members of the 21 National Guard and Reserve provide intelligence or coun- 22 terintelligence support to Combatant Commands, Defense 23 Agencies and Joint Intelligence Activities, including the 24 activities and programs included within the National Intel- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 83 •HR 4365 RH ligence Program and the Military Intelligence Program: 1 Provided, That nothing in this section authorizes deviation 2 from established Reserve and National Guard personnel 3 and training procedures. 4 SEC. 8047. (a) None of the funds available to the 5 Department of Defense for any fiscal year for drug inter- 6 diction or counter-drug activities may be transferred to 7 any other department or agency of the United States ex- 8 cept as specifically provided in an appropriations law. 9 (b) None of the funds available to the Central Intel- 10 ligence Agency for any fiscal year for drug interdiction or 11 counter-drug activities may be transferred to any other de- 12 partment or agency of the United States except as specifi- 13 cally provided in an appropriations law. 14 SEC. 8048. In addition to the amounts appropriated 15 or otherwise made available elsewhere in this Act, 16 $49,000,000 is hereby appropriated to the Department of 17 Defense: Provided, That upon the determination of the 18 Secretary of Defense that it shall serve the national inter- 19 est, the Secretary shall make grants in the amounts speci- 20 fied as follows: $24,000,000 to the United Service Organi- 21 zations and $25,000,000 to the Red Cross: Provided fur- 22 ther, That none of the funds appropriated or otherwise 23 made available by this section may be used to encourage, 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 84 •HR 4365 RH guide, or otherwise assist in migration towards the United 1 States southwest border. 2 SEC. 8049. Notwithstanding any other provision in 3 this Act, the Small Business Innovation Research program 4 and the Small Business Technology Transfer program set- 5 asides shall be taken proportionally from all programs, 6 projects, or activities to the extent they contribute to the 7 extramural budget. The Secretary of each military depart- 8 ment, the Director of each Defense Agency, and the head 9 of each other relevant component of the Department of 10 Defense shall submit to the congressional defense commit- 11 tees, concurrent with submission of the budget justifica- 12 tion documents to Congress pursuant to section 1105 of 13 title 31, United States Code, a report with a detailed ac- 14 counting of the Small Business Innovation Research pro- 15 gram and the Small Business Technology Transfer pro- 16 gram set-asides taken from programs, projects, or activi- 17 ties within such department, agency, or component during 18 the most recently completed fiscal year. 19 SEC. 8050. None of the funds available to the De- 20 partment of Defense under this Act shall be obligated or 21 expended to pay a contractor under a contract with the 22 Department of Defense for costs of any amount paid by 23 the contractor to an employee when— 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 85 •HR 4365 RH (1) such costs are for a bonus or otherwise in 1 excess of the normal salary paid by the contractor 2 to the employee; and 3 (2) such bonus is part of restructuring costs as- 4 sociated with a business combination. 5 (INCLUDING TRANSFER OF FUNDS) 6 SEC. 8051. During the current fiscal year, no more 7 than $30,000,000 of appropriations made in this Act 8 under the heading ‘‘Operation and Maintenance, Defense- 9 Wide’’ may be transferred to appropriations available for 10 the pay of military personnel, to be merged with, and to 11 be available for the same time period as the appropriations 12 to which transferred, to be used in support of such per- 13 sonnel in connection with support and services for eligible 14 organizations and activities outside the Department of De- 15 fense pursuant to section 2012 of title 10, United States 16 Code. 17 SEC. 8052. (a) Notwithstanding any other provision 18 of law, the Chief of the National Guard Bureau may per- 19 mit the use of equipment of the National Guard Distance 20 Learning Project by any person or entity on a space-avail- 21 able, reimbursable basis. The Chief of the National Guard 22 Bureau shall establish the amount of reimbursement for 23 such use on a case-by-case basis. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 86 •HR 4365 RH (b) Amounts collected under subsection (a) shall be 1 credited to funds available for the National Guard Dis- 2 tance Learning Project and be available to defray the costs 3 associated with the use of equipment of the project under 4 that subsection. Such funds shall be available for such 5 purposes without fiscal year limitation. 6 SEC. 8053. (a) None of the funds appropriated or 7 otherwise made available by this or prior Acts may be obli- 8 gated or expended to retire, prepare to retire, or place in 9 storage or on backup aircraft inventory status any C–40 10 aircraft. 11 (b) The limitation under subsection (a) shall not 12 apply to an individual C–40 aircraft that the Secretary 13 of the Air Force determines, on a case-by-case basis, to 14 be no longer mission capable due to a Class A mishap. 15 (c) If the Secretary determines under subsection (b) 16 that an aircraft is no longer mission capable, the Secretary 17 shall submit to the congressional defense committees a 18 certification in writing that the status of such aircraft is 19 due to a Class A mishap and not due to lack of mainte- 20 nance, repairs, or other reasons. 21 (d) Not later than 90 days after the date of the enact- 22 ment of this Act, the Secretary of Defense shall submit 23 to the congressional defense committees a report on the 24 necessary steps taken by the Department of Defense to 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 87 •HR 4365 RH meet the travel requirements for official or representa- 1 tional duties of members of Congress and the Cabinet in 2 fiscal years 2024 and 2025. 3 SEC. 8054. (a) None of the funds appropriated in 4 title IV of this Act may be used to procure end-items for 5 delivery to military forces for operational training, oper- 6 ational use, or inventory requirements: Provided, That this 7 restriction does not apply to end-items used in develop- 8 ment, prototyping in accordance with an approved test 9 strategy, and test activities preceding and leading to ac- 10 ceptance for operational use. 11 (b) If the number of end-items budgeted with funds 12 appropriated in title IV of this Act exceeds the number 13 required in an approved test strategy, the Under Secretary 14 of Defense (Research and Engineering) and the Under 15 Secretary of Defense (Acquisition and Sustainment), in 16 coordination with the responsible Service Acquisition Ex- 17 ecutive, shall certify in writing to the congressional de- 18 fense committees that there is a bonafide need for the ad- 19 ditional end-items at the time of submittal to Congress 20 of the budget of the President for fiscal year 2025 pursu- 21 ant to section 1105 of title 31, United States Code: Pro- 22 vided, That this restriction does not apply to programs 23 funded within the National Intelligence Program. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 88 •HR 4365 RH (c) The Secretary of Defense shall, at the time of the 1 submittal to Congress of the budget of the President for 2 fiscal year 2025 pursuant to section 1105 of title 31, 3 United States Code, submit to the congressional defense 4 committees a report detailing the use of funds requested 5 in research, development, test and evaluation accounts for 6 end-items used in development, prototyping and test ac- 7 tivities preceding and leading to acceptance for operational 8 use: Provided, That the report shall set forth, for each 9 end item covered by the preceding proviso, a detailed list 10 of the statutory authorities under which amounts in the 11 accounts described in that proviso were used for such item: 12 Provided further, That the Secretary of Defense shall, at 13 the time of the submittal to Congress of the budget of 14 the President for fiscal year 2025 pursuant to section 15 1105 of title 31, United States Code, submit to the con- 16 gressional defense committees a certification that funds 17 requested for fiscal year 2025 in research, development, 18 test and evaluation accounts are in compliance with this 19 section: Provided further, That the Secretary of Defense 20 may waive this restriction on a case-by-case basis by certi- 21 fying in writing to the Committees on Appropriations of 22 the House of Representatives and the Senate that it is 23 in the national security interest to do so. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 89 •HR 4365 RH SEC. 8055. None of the funds appropriated or other- 1 wise made available by this or other Department of De- 2 fense Appropriations Acts may be obligated or expended 3 for the purpose of performing repairs or maintenance to 4 military family housing units of the Department of De- 5 fense, including areas in such military family housing 6 units that may be used for the purpose of conducting offi- 7 cial Department of Defense business. 8 SEC. 8056. Notwithstanding any other provision of 9 law, funds appropriated in this Act under the heading 10 ‘‘Research, Development, Test and Evaluation, Defense- 11 Wide’’ for any new start defense innovation acceleration 12 or rapid prototyping program demonstration project with 13 a value of more than $5,000,000 may only be obligated 14 15 days after a report, including a description of the 15 project, the planned acquisition and transition strategy 16 and its estimated annual and total cost, has been provided 17 in writing to the congressional defense committees: Pro- 18 vided, That the Secretary of Defense may waive this re- 19 striction on a case-by-case basis by certifying to the con- 20 gressional defense committees that it is in the national in- 21 terest to do so. 22 SEC. 8057. The Secretary of Defense shall continue 23 to provide a classified quarterly report to the Committees 24 on Appropriations of the House of Representatives and the 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 90 •HR 4365 RH Senate, Subcommittees on Defense on certain matters as 1 directed in the classified annex accompanying this Act. 2 SEC. 8058. Notwithstanding section 12310(b) of title 3 10, United States Code, a servicemember who is a member 4 of the National Guard serving on full-time National Guard 5 duty under section 502(f) of title 32, United States Code, 6 may perform duties in support of the ground-based ele- 7 ments of the National Ballistic Missile Defense System. 8 SEC. 8059. None of the funds provided in this Act 9 may be used to transfer to any nongovernmental entity 10 ammunition held by the Department of Defense that has 11 a center-fire cartridge and a United States military no- 12 menclature designation of ‘‘armor penetrator’’, ‘‘armor 13 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 14 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 15 entity performing demilitarization services for the Depart- 16 ment of Defense under a contract that requires the entity 17 to demonstrate to the satisfaction of the Department of 18 Defense that armor piercing projectiles are either: (1) ren- 19 dered incapable of reuse by the demilitarization process; 20 or (2) used to manufacture ammunition pursuant to a con- 21 tract with the Department of Defense or the manufacture 22 of ammunition for export pursuant to a License for Per- 23 manent Export of Unclassified Military Articles issued by 24 the Department of State. 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 91 •HR 4365 RH SEC. 8060. Notwithstanding any other provision of 1 law, the Chief of the National Guard Bureau, or their des- 2 ignee, may waive payment of all or part of the consider- 3 ation that otherwise would be required under section 2667 4 of title 10, United States Code, in the case of a lease of 5 personal property for a period not in excess of 1 year to 6 any organization specified in section 508(d) of title 32, 7 United States Code, or any other youth, social, or fra- 8 ternal nonprofit organization as may be approved by the 9 Chief of the National Guard Bureau, or their designee, 10 on a case-by-case basis. 11 (INCLUDING TRANSFER OF FUNDS) 12 SEC. 8061. Of the amounts appropriated in this Act 13 under the heading ‘‘Operation and Maintenance, Army’’, 14 $175,943,968 shall remain available until expended: Pro- 15 vided, That, notwithstanding any other provision of law, 16 the Secretary of Defense is authorized to transfer such 17 funds to other activities of the Federal Government: Pro- 18 vided further, That the Secretary of Defense is authorized 19 to enter into and carry out contracts for the acquisition 20 of real property, construction, personal services, and oper- 21 ations related to projects carrying out the purposes of this 22 section: Provided further, That contracts entered into 23 under the authority of this section may provide for such 24 indemnification as the Secretary determines to be nec- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 92 •HR 4365 RH essary: Provided further, That projects authorized by this 1 section shall comply with applicable Federal, State, and 2 local law to the maximum extent consistent with the na- 3 tional security, as determined by the Secretary of Defense. 4 SEC. 8062. (a) None of the funds appropriated in this 5 or any other Act may be used to take any action to mod- 6 ify— 7 (1) the appropriations account structure for the 8 National Intelligence Program budget, including 9 through the creation of a new appropriation or new 10 appropriation account; 11 (2) how the National Intelligence Program 12 budget request is presented in the unclassified P–1, 13 R–1, and O–1 documents supporting the Depart- 14 ment of Defense budget request; 15 (3) the process by which the National Intel- 16 ligence Program appropriations are apportioned to 17 the executing agencies; or 18 (4) the process by which the National Intel- 19 ligence Program appropriations are allotted, obli- 20 gated and disbursed. 21 (b) Nothing in subsection (a) shall be construed to 22 prohibit the merger of programs or changes to the Na- 23 tional Intelligence Program budget at or below the Ex- 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 93 •HR 4365 RH penditure Center level, provided such change is otherwise 1 in accordance with paragraphs (1)–(3) of subsection (a). 2 (c) The Director of National Intelligence and the Sec- 3 retary of Defense may jointly, only for the purposes of 4 achieving auditable financial statements and improving 5 fiscal reporting, study and develop detailed proposals for 6 alternative financial management processes. Such study 7 shall include a comprehensive counterintelligence risk as- 8 sessment to ensure that none of the alternative processes 9 will adversely affect counterintelligence. 10 (d) Upon development of the detailed proposals de- 11 fined under subsection (c), the Director of National Intel- 12 ligence and the Secretary of Defense shall— 13 (1) provide the proposed alternatives to all af- 14 fected agencies; 15 (2) receive certification from all affected agen- 16 cies attesting that the proposed alternatives will help 17 achieve auditability, improve fiscal reporting, and 18 will not adversely affect counterintelligence; and 19 (3) not later than 30 days after receiving all 20 necessary certifications under paragraph (2), present 21 the proposed alternatives and certifications to the 22 congressional defense and intelligence committees. 23 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 94 •HR 4365 RH (INCLUDING TRANSFER OF FUNDS) 1 SEC. 8063. During the current fiscal year, not to ex- 2 ceed $11,000,000 from each of the appropriations made 3 in title II of this Act for ‘‘Operation and Maintenance, 4 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper- 5 ation and Maintenance, Air Force’’ may be transferred by 6 the military department concerned to its central fund es- 7 tablished for Fisher Houses and Suites pursuant to sec- 8 tion 2493(d) of title 10, United States Code. 9 (INCLUDING TRANSFER OF FUNDS) 10 SEC. 8064. In addition to amounts provided else- 11 where in this Act, $5,000,000 is hereby appropriated to 12 the Department of Defense, to remain available for obliga- 13 tion until expended: Provided, That notwithstanding any 14 other provision of law, that upon the determination of the 15 Secretary of Defense that it shall serve the national inter- 16 est, these funds shall be available only for a grant to the 17 Fisher House Foundation, Inc., only for the construction 18 and furnishing of additional Fisher Houses to meet the 19 needs of military family members when confronted with 20 the illness or hospitalization of an eligible military bene- 21 ficiary. 22 (INCLUDING TRANSFER OF FUNDS) 23 SEC. 8065. Of the amounts appropriated for ‘‘Oper- 24 ation and Maintenance, Navy’’, up to $1,000,000 shall be 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 95 •HR 4365 RH available for transfer to the John C. Stennis Center for 1 Public Service Development Trust Fund established under 2 section 116 of the John C. Stennis Center for Public Serv- 3 ice Training and Development Act (2 U.S.C. 1105). 4 SEC. 8066. None of the funds available to the De- 5 partment of Defense may be obligated to modify command 6 and control relationships to give Fleet Forces Command 7 operational and administrative control of United States 8 Navy forces assigned to the Pacific fleet: Provided, That 9 the command and control relationships which existed on 10 October 1, 2004, shall remain in force until a written 11 modification has been proposed to the Committees on Ap- 12 propriations of the House of Representatives and the Sen- 13 ate: Provided further, That the proposed modification may 14 be implemented 30 days after the notification unless an 15 objection is received from either the House or Senate Ap- 16 propriations Committees: Provided further, That any pro- 17 posed modification shall not preclude the ability of the 18 commander of United States Indo-Pacific Command to 19 meet operational requirements. 20 SEC. 8067. Any notice that is required to be sub- 21 mitted to the Committees on Appropriations of the House 22 of Representatives and the Senate under section 3601 of 23 title 10, United States Code, as added by section 804(a) 24 of the James M. Inhofe National Defense Authorization 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 96 •HR 4365 RH Act for Fiscal Year 2023, after the date of the enactment 1 of this Act shall be submitted pursuant to that require- 2 ment concurrently to the Subcommittees on Defense of the 3 Committees on Appropriations of the House of Represent- 4 atives and the Senate. 5 (INCLUDING TRANSFER OF FUNDS) 6 SEC. 8068. Of the amounts appropriated in this Act 7 under the headings ‘‘Procurement, Defense-Wide’’ and 8 ‘‘Research, Development, Test and Evaluation, Defense- 9 Wide’’, $500,000,000 shall be for the Israeli Cooperative 10 Programs: Provided, That of this amount, $80,000,000 11 shall be for the Secretary of Defense to provide to the Gov- 12 ernment of Israel for the procurement of the Iron Dome 13 defense system to counter short-range rocket threats, sub- 14 ject to the U.S.-Israel Iron Dome Procurement Agree- 15 ment, as amended; $127,000,000 shall be for the Short 16 Range Ballistic Missile Defense (SRBMD) program, in- 17 cluding cruise missile defense research and development 18 under the SRBMD program; $40,000,000 shall be for co- 19 production activities of SRBMD systems in the United 20 States and in Israel to meet Israel’s defense requirements 21 consistent with each nation’s laws, regulations, and proce- 22 dures, subject to the U.S.-Israeli co-production agreement 23 for SRBMD, as amended; $80,000,000 shall be for an 24 upper-tier component to the Israeli Missile Defense Archi- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 97 •HR 4365 RH tecture, of which $80,000,000 shall be for co-production 1 activities of Arrow 3 Upper Tier systems in the United 2 States and in Israel to meet Israel’s defense requirements 3 consistent with each nation’s laws, regulations, and proce- 4 dures, subject to the U.S.-Israeli co-production agreement 5 for Arrow 3 Upper Tier, as amended; and $173,000,000 6 shall be for the Arrow System Improvement Program in- 7 cluding development of a long range, ground and airborne, 8 detection suite: Provided further, That the transfer author- 9 ity provided under this provision is in addition to any 10 other transfer authority contained in this Act. 11 SEC. 8069. Of the amounts appropriated in this Act 12 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 13 $1,648,559,000 shall be available until September 30, 14 2024, to fund prior year shipbuilding cost increases for 15 the following programs: 16 (1) Under the heading ‘‘Shipbuilding and Con- 17 version, Navy’’, 2013/2024: Carrier Replacement 18 Program, $624,600,000; 19 (2) Under the heading ‘‘Shipbuilding and Con- 20 version, Navy’’, 2015/2024: Virginia Class Sub- 21 marine Program, $43,419,000; 22 (3) Under the heading ‘‘Shipbuilding and Con- 23 version, Navy’’, 2016/2024: Virginia Class Sub- 24 marine Program, $100,115,000; 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 98 •HR 4365 RH (4) Under the heading ‘‘Shipbuilding and Con- 1 version, Navy’’, 2016/2024: DDG–51 Destroyer, 2 $104,090,000; 3 (5) Under the heading ‘‘Shipbuilding and Con- 4 version, Navy’’, 2017/2024: Virginia Class Sub- 5 marine Program, $24,646,000; 6 (6) Under the heading ‘‘Shipbuilding and Con- 7 version, Navy’’, 2017/2024: DDG–51 Destroyer, 8 $121,827,000; 9 (7) Under the heading ‘‘Shipbuilding and Con- 10 version, Navy’’, 2017/2024: LPD–17, $16,520,000; 11 (8) Under the heading ‘‘Shipbuilding and Con- 12 version, Navy’’, 2018/2024: Ship to Shore Connector 13 Program, $43,600,000; 14 (9) Under the heading ‘‘Shipbuilding and Con- 15 version, Navy’’, 2019/2024: Littoral Combat Ship, 16 $23,000,000; 17 (10) Under the heading ‘‘Shipbuilding and Con- 18 version, Navy’’, 2019/2024: TAO Fleet Oiler, 19 $27,060,000; 20 (11) Under the heading ‘‘Shipbuilding and Con- 21 version, Navy’’, 2020/2024: CVN Refueling Over- 22 hauls, $42,422,000; 23 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 99 •HR 4365 RH (12) Under the heading ‘‘Shipbuilding and Con- 1 version, Navy’’, 2020/2024: TAO Fleet Oiler, 2 $93,250,000; 3 (13) Under the heading ‘‘Shipbuilding and Con- 4 version, Navy’’, 2020/2024: Towing, Salvage, and 5 Rescue Ship Program, $1,150,000; 6 (14) Under the heading ‘‘Shipbuilding and Con- 7 version, Navy’’, 2021/2024: Towing, Salvage, and 8 Rescue Ship Program, $21,809,000; 9 (15) Under the heading ‘‘Shipbuilding and Con- 10 version, Navy’’, 2022/2024: TAO Fleet Oiler, 11 $2,585,000; 12 (16) Under the heading ‘‘Shipbuilding and Con- 13 version, Navy’’, 2022/2024: Towing, Salvage, and 14 Rescue Ship Program, $3,300,000; and 15 (17) Under the heading ‘‘Shipbuilding and Con- 16 version, Navy’’, 2022/2024: T-AGOS Surtass Ships 17 Program, $355,166,000. 18 SEC. 8070. Funds appropriated by this Act for intel- 19 ligence and intelligence-related activities are deemed to be 20 specifically authorized by the Congress for purposes of sec- 21 tion 504(a)(1) of the National Security Act of 1947 (50 22 U.S.C. 3094(a)(1)) until the enactment of the Intelligence 23 Authorization Act for Fiscal Year 2024. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 100 •HR 4365 RH SEC. 8071. None of the funds provided in this Act 1 shall be available for obligation or expenditure through a 2 reprogramming of funds that creates or initiates a new 3 program, project, or activity unless such program, project, 4 or activity must be undertaken immediately in the interest 5 of national security and only after written prior notifica- 6 tion to the congressional defense committees. 7 SEC. 8072. None of the funds in this Act may be 8 used for research, development, test, evaluation, procure- 9 ment or deployment of nuclear armed interceptors of a 10 missile defense system. 11 SEC. 8073. None of the funds made available by this 12 Act may be obligated or expended for the purpose of de- 13 commissioning any Littoral Combat Ship, the USS Ger- 14 mantown, or the USS Tortuga. 15 SEC. 8074. For purposes of section 1553(b) of title 16 31, United States Code, any subdivision of appropriations 17 made in this Act under the heading ‘‘Shipbuilding and 18 Conversion, Navy’’ shall be considered to be for the same 19 purpose as any subdivision under the heading ‘‘Ship- 20 building and Conversion, Navy’’ appropriations in any 21 prior fiscal year, and the 1 percent limitation shall apply 22 to the total amount of the appropriation. 23 SEC. 8075. None of the funds appropriated or made 24 available in this Act shall be used to reduce or disestablish 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 101 •HR 4365 RH the operation of the 53rd Weather Reconnaissance Squad- 1 ron of the Air Force Reserve, if such action would reduce 2 the WC–130 Weather Reconnaissance mission below the 3 levels funded in this Act: Provided, That the Air Force 4 shall allow the 53rd Weather Reconnaissance Squadron to 5 perform other missions in support of national defense re- 6 quirements during the non-hurricane season. 7 SEC. 8076. (a) None of the funds appropriated by 8 this Act may be used to transfer research and develop- 9 ment, acquisition, or other program authority relating to 10 current tactical unmanned aerial vehicles (TUAVs) from 11 the Army. 12 (b) The Army shall retain responsibility for and oper- 13 ational control of the MQ–1C Gray Eagle Unmanned Aer- 14 ial Vehicle (UAV) in order to support the Secretary of De- 15 fense in matters relating to the employment of unmanned 16 aerial vehicles. 17 SEC. 8077. None of the funds provided in this Act 18 shall be available for integration of foreign intelligence in- 19 formation unless the information has been lawfully col- 20 lected and processed during the conduct of authorized for- 21 eign intelligence activities: Provided, That information 22 pertaining to United States persons shall only be handled 23 in accordance with protections provided in the Fourth 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 102 •HR 4365 RH Amendment of the United States Constitution as imple- 1 mented through Executive Order No. 12333. 2 SEC. 8078. None of the funds appropriated by this 3 Act for programs of the Office of the Director of National 4 Intelligence shall remain available for obligation beyond 5 the current fiscal year, except for funds appropriated for 6 research and technology, which shall remain available until 7 September 30, 2025, and except for funds appropriated 8 for the purchase of real property, which shall remain avail- 9 able until September 30, 2026. 10 SEC. 8079. (a) Not later than 60 days after the date 11 of enactment of this Act, the Director of National Intel- 12 ligence shall submit a report to the congressional intel- 13 ligence committees to establish the baseline for application 14 of reprogramming and transfer authorities for fiscal year 15 2024: Provided, That the report shall include— 16 (1) a table for each appropriation with a sepa- 17 rate column to display the President’s budget re- 18 quest, adjustments made by Congress, adjustments 19 due to enacted rescissions, if appropriate, and the 20 fiscal year enacted level; 21 (2) a delineation in the table for each appro- 22 priation by Expenditure Center and project; and 23 (3) an identification of items of special congres- 24 sional interest. 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 103 •HR 4365 RH (b) None of the funds provided for the National Intel- 1 ligence Program in this Act shall be available for re- 2 programming or transfer until the report identified in sub- 3 section (a) is submitted to the congressional intelligence 4 committees, unless the Director of National Intelligence 5 certifies in writing to the congressional intelligence com- 6 mittees that such reprogramming or transfer is necessary 7 as an emergency requirement. 8 SEC. 8080. (a) None of the funds provided for the 9 National Intelligence Program in this or any prior appro- 10 priations Act shall be available for obligation or expendi- 11 ture through a reprogramming or transfer of funds in ac- 12 cordance with section 102A(d) of the National Security 13 Act of 1947 (50 U.S.C. 3024(d)) that— 14 (1) creates a new start effort; 15 (2) terminates a program with appropriated 16 funding of $10,000,000 or more; 17 (3) transfers funding into or out of the Na- 18 tional Intelligence Program; or 19 (4) transfers funding between appropriations, 20 unless the congressional intelligence committees are 21 notified 30 days in advance of such reprogramming 22 of funds; this notification period may be reduced for 23 urgent national security requirements. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 104 •HR 4365 RH (b) None of the funds provided for the National Intel- 1 ligence Program in this or any prior appropriations Act 2 shall be available for obligation or expenditure through a 3 reprogramming or transfer of funds in accordance with 4 section 102A(d) of the National Security Act of 1947 (50 5 U.S.C. 3024(d)) that results in a cumulative increase or 6 decrease of the levels specified in the classified annex ac- 7 companying the Act unless the congressional intelligence 8 committees are notified 30 days in advance of such re- 9 programming of funds; this notification period may be re- 10 duced for urgent national security requirements. 11 (INCLUDING TRANSFER OF FUNDS) 12 SEC. 8081. Upon a determination by the Director of 13 National Intelligence that such action is necessary and in 14 the national interest, the Director may, with the approval 15 of the Office of Management and Budget, transfer not to 16 exceed $1,500,000,000 of the funds made available in this 17 Act for the National Intelligence Program: Provided, That 18 such authority to transfer may not be used unless for 19 higher priority items, based on unforeseen intelligence re- 20 quirements, than those for which originally appropriated 21 and in no case where the item for which funds are re- 22 quested has been denied by the Congress: Provided further, 23 That a request for multiple reprogrammings of funds 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 105 •HR 4365 RH using authority provided in this section shall be made 1 prior to June 30, 2024. 2 SEC. 8082. Any transfer of amounts appropriated to 3 the Department of Defense Acquisition Workforce Devel- 4 opment Account in or for fiscal year 2024 to a military 5 department or Defense Agency pursuant to section 6 1705(e)(1) of title 10, United States Code, shall be cov- 7 ered by and subject to section 8005 of this Act. 8 SEC. 8083. (a) None of the funds appropriated or 9 otherwise made available by this Act may be expended for 10 any Federal contract for an amount in excess of 11 $1,000,000, unless the contractor agrees not to— 12 (1) enter into any agreement with any of its 13 employees or independent contractors that requires, 14 as a condition of employment, that the employee or 15 independent contractor agree to resolve through ar- 16 bitration any claim under title VII of the Civil 17 Rights Act of 1964 or any tort related to or arising 18 out of sexual assault or harassment, including as- 19 sault and battery, intentional infliction of emotional 20 distress, false imprisonment, or negligent hiring, su- 21 pervision, or retention; or 22 (2) take any action to enforce any provision of 23 an existing agreement with an employee or inde- 24 pendent contractor that mandates that the employee 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 106 •HR 4365 RH or independent contractor resolve through arbitra- 1 tion any claim under title VII of the Civil Rights Act 2 of 1964 or any tort related to or arising out of sex- 3 ual assault or harassment, including assault and 4 battery, intentional infliction of emotional distress, 5 false imprisonment, or negligent hiring, supervision, 6 or retention. 7 (b) None of the funds appropriated or otherwise 8 made available by this Act may be expended for any Fed- 9 eral contract unless the contractor certifies that it requires 10 each covered subcontractor to agree not to enter into, and 11 not to take any action to enforce any provision of, any 12 agreement as described in paragraphs (1) and (2) of sub- 13 section (a), with respect to any employee or independent 14 contractor performing work related to such subcontract. 15 For purposes of this subsection, a ‘‘covered subcon- 16 tractor’’ is an entity that has a subcontract in excess of 17 $1,000,000 on a contract subject to subsection (a). 18 (c) The prohibitions in this section do not apply with 19 respect to a contractor’s or subcontractor’s agreements 20 with employees or independent contractors that may not 21 be enforced in a court of the United States. 22 (d) The Secretary of Defense may waive the applica- 23 tion of subsection (a) or (b) to a particular contractor or 24 subcontractor for the purposes of a particular contract or 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 107 •HR 4365 RH subcontract if the Secretary or the Deputy Secretary per- 1 sonally determines that the waiver is necessary to avoid 2 harm to national security interests of the United States, 3 and that the term of the contract or subcontract is not 4 longer than necessary to avoid such harm. The determina- 5 tion shall set forth with specificity the grounds for the 6 waiver and for the contract or subcontract term selected, 7 and shall state any alternatives considered in lieu of a 8 waiver and the reasons each such alternative would not 9 avoid harm to national security interests of the United 10 States. The Secretary of Defense shall transmit to Con- 11 gress, and simultaneously make public, any determination 12 under this subsection not less than 15 business days be- 13 fore the contract or subcontract addressed in the deter- 14 mination may be awarded. 15 (INCLUDING TRANSFER OF FUNDS) 16 SEC. 8084. From within the funds appropriated for 17 operation and maintenance for the Defense Health Pro- 18 gram in this Act, up to $172,000,000, shall be available 19 for transfer to the Joint Department of Defense-Depart- 20 ment of Veterans Affairs Medical Facility Demonstration 21 Fund in accordance with the provisions of section 1704 22 of the National Defense Authorization Act for Fiscal Year 23 2010, Public Law 111–84: Provided, That for purposes 24 of section 1704(b), the facility operations funded are oper- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 108 •HR 4365 RH ations of the integrated Captain James A. Lovell Federal 1 Health Care Center, consisting of the North Chicago Vet- 2 erans Affairs Medical Center, the Navy Ambulatory Care 3 Center, and supporting facilities designated as a combined 4 Federal medical facility as described by section 706 of 5 Public Law 110–417: Provided further, That additional 6 funds may be transferred from funds appropriated for op- 7 eration and maintenance for the Defense Health Program 8 to the Joint Department of Defense-Department of Vet- 9 erans Affairs Medical Facility Demonstration Fund upon 10 written notification by the Secretary of Defense to the 11 Committees on Appropriations of the House of Represent- 12 atives and the Senate. 13 SEC. 8085. None of the funds appropriated or other- 14 wise made available by this Act may be used by the De- 15 partment of Defense or a component thereof in contraven- 16 tion of the provisions of section 130h of title 10, United 17 States Code. 18 SEC. 8086. Appropriations available to the Depart- 19 ment of Defense may be used for the purchase of heavy 20 and light armored vehicles for the physical security of per- 21 sonnel or for force protection purposes up to a limit of 22 $450,000 per vehicle, notwithstanding price or other limi- 23 tations applicable to the purchase of passenger carrying 24 vehicles. 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 109 •HR 4365 RH (INCLUDING TRANSFER OF FUNDS) 1 SEC. 8087. Of the amounts appropriated in this Act 2 for ‘‘Shipbuilding and Conversion, Navy’’, $142,008,000, 3 to remain available for obligation until September 30, 4 2028, may be used for the purchase of two used sealift 5 vessels for the National Defense Reserve Fleet, established 6 under section 11 of the Merchant Ship Sales Act of 1946 7 (46 U.S.C. 57100): Provided, That such amounts are 8 available for reimbursements to the Ready Reserve Force, 9 Maritime Administration account of the United States De- 10 partment of Transportation for programs, projects, activi- 11 ties, and expenses related to the National Defense Reserve 12 Fleet: Provided further, That notwithstanding section 13 2218 of title 10, United States Code, none of these funds 14 shall be transferred to the National Defense Sealift Fund 15 for execution. 16 SEC. 8088. (a) Any agency receiving funds made 17 available in this Act, shall, subject to subsections (b) and 18 (c), post on the public Web site of that agency any report 19 required to be submitted by the Congress in this or any 20 other Act, upon the determination by the head of the agen- 21 cy that it shall serve the national interest. 22 (b) Subsection (a) shall not apply to a report if— 23 (1) the public posting of the report com- 24 promises national security; or 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 110 •HR 4365 RH (2) the report contains proprietary information. 1 (c) The head of the agency posting such report shall 2 do so only after such report has been made available to 3 the requesting Committee or Committees of Congress for 4 no less than 45 days. 5 SEC. 8089. The Secretary of Defense shall post grant 6 awards on a public website in a searchable format. 7 SEC. 8090. None of the funds made available by this 8 Act may be used by the National Security Agency to— 9 (1) conduct an acquisition pursuant to section 10 702 of the Foreign Intelligence Surveillance Act of 11 1978 for the purpose of targeting a United States 12 person; or 13 (2) acquire, monitor, or store the contents (as 14 such term is defined in section 2510(8) of title 18, 15 United States Code) of any electronic communica- 16 tion of a United States person from a provider of 17 electronic communication services to the public pur- 18 suant to section 501 of the Foreign Intelligence Sur- 19 veillance Act of 1978. 20 SEC. 8091. None of the funds made available in this 21 or any other Act may be used to pay the salary of any 22 officer or employee of any agency funded by this Act who 23 approves or implements the transfer of administrative re- 24 sponsibilities or budgetary resources of any program, 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 111 •HR 4365 RH project, or activity financed by this Act to the jurisdiction 1 of another Federal agency not financed by this Act with- 2 out the express authorization of Congress: Provided, That 3 this limitation shall not apply to transfers of funds ex- 4 pressly provided for in Defense Appropriations Acts, or 5 provisions of Acts providing supplemental appropriations 6 for the Department of Defense. 7 SEC. 8092. Of the amounts appropriated in this Act 8 for ‘‘Operation and Maintenance, Navy’’, $667,508,000, 9 to remain available until expended, may be used for any 10 purposes related to the National Defense Reserve Fleet 11 established under section 11 of the Merchant Ship Sales 12 Act of 1946 (46 U.S.C. 57100): Provided, That such 13 amounts are available for reimbursements to the Ready 14 Reserve Force, Maritime Administration account of the 15 United States Department of Transportation for pro- 16 grams, projects, activities, and expenses related to the Na- 17 tional Defense Reserve Fleet. 18 SEC. 8093. (a) None of the funds provided in this 19 Act for the TAO Fleet Oiler program shall be used to 20 award a new contract that provides for the acquisition of 21 the following components unless those components are 22 manufactured in the United States: Auxiliary equipment 23 (including pumps) for shipboard services; propulsion 24 equipment (including engines, reduction gears, and propel- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 112 •HR 4365 RH lers); shipboard cranes; spreaders for shipboard cranes; 1 and anchor chains, specifically for the seventh and subse- 2 quent ships of the fleet. 3 (b) None of the funds provided in this Act for the 4 FFG(X) Frigate program shall be used to award a new 5 contract that provides for the acquisition of the following 6 components unless those components are manufactured in 7 the United States: Air circuit breakers; gyrocompasses; 8 electronic navigation chart systems; steering controls; 9 pumps; propulsion and machinery control systems; totally 10 enclosed lifeboats; auxiliary equipment pumps; shipboard 11 cranes; auxiliary chill water systems; and propulsion pro- 12 pellers: Provided, That the Secretary of the Navy shall in- 13 corporate United States manufactured propulsion engines 14 and propulsion reduction gears into the FFG(X) Frigate 15 program beginning not later than with the eleventh ship 16 of the program. 17 SEC. 8094. None of the funds provided in this Act 18 for requirements development, performance specification 19 development, concept design and development, ship con- 20 figuration development, systems engineering, naval archi- 21 tecture, marine engineering, operations research analysis, 22 industry studies, preliminary design, development of the 23 Detailed Design and Construction Request for Proposals 24 solicitation package, or related activities for the T– 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 113 •HR 4365 RH ARC(X) Cable Laying and Repair Ship or the T– 1 AGOS(X) Oceanographic Surveillance Ship may be used 2 to award a new contract for such activities unless these 3 contracts include specifications that all auxiliary equip- 4 ment, including pumps and propulsion shafts, are manu- 5 factured in the United States. 6 SEC. 8095. No amounts credited or otherwise made 7 available in this or any other Act to the Department of 8 Defense Acquisition Workforce Development Account may 9 be transferred to: 10 (1) the Rapid Prototyping Fund established 11 under section 804(d) of the National Defense Au- 12 thorization Act for Fiscal Year 2016 (10 U.S.C. 13 2302 note); or 14 (2) credited to a military-department specific 15 fund established under section 804(d)(2) of the Na- 16 tional Defense Authorization Act for Fiscal Year 17 2016 (as amended by section 897 of the National 18 Defense Authorization Act for Fiscal Year 2017). 19 SEC. 8096. From funds made available in title II of 20 this Act, the Secretary of Defense may purchase for use 21 by military and civilian employees of the Department of 22 Defense in the United States Central Command area of 23 responsibility: (1) passenger motor vehicles up to a limit 24 of $75,000 per vehicle; and (2) heavy and light armored 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 114 •HR 4365 RH vehicles for the physical security of personnel or for force 1 protection purposes up to a limit of $450,000 per vehicle, 2 notwithstanding price or other limitations applicable to the 3 purchase of passenger carrying vehicles. 4 SEC. 8097. None of the funds made available by this 5 Act may be used for Government Travel Charge Card ex- 6 penses by military or civilian personnel of the Department 7 of Defense for gaming, or for entertainment that includes 8 topless or nude entertainers or participants, as prohibited 9 by Department of Defense FMR, Volume 9, Chapter 3 10 and Department of Defense Instruction 1015.10 (enclo- 11 sure 3, 14a and 14b). 12 SEC. 8098. (a) None of the funds made available in 13 this Act may be used to maintain or establish a computer 14 network unless such network is designed to block access 15 to pornography websites. 16 (b) Nothing in subsection (a) shall limit the use of 17 funds necessary for any Federal, State, tribal, or local law 18 enforcement agency or any other entity carrying out crimi- 19 nal investigations, prosecution, or adjudication activities, 20 or for any activity necessary for the national defense, in- 21 cluding intelligence activities. 22 SEC. 8099. None of the funds provided for, or other- 23 wise made available, in this or any other Act, may be obli- 24 gated or expended by the Secretary of Defense to provide 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 115 •HR 4365 RH motorized vehicles, aviation platforms, munitions other 1 than small arms and munitions appropriate for customary 2 ceremonial honors, operational military units, or oper- 3 ational military platforms if the Secretary determines that 4 providing such units, platforms, or equipment would un- 5 dermine the readiness of such units, platforms, or equip- 6 ment. 7 SEC. 8100. (a) None of the funds made available by 8 this or any other Act may be used to enter into a contract, 9 memorandum of understanding, or cooperative agreement 10 with, make a grant to, or provide a loan or loan guarantee 11 to any corporation that has any unpaid Federal tax liabil- 12 ity that has been assessed, for which all judicial and ad- 13 ministrative remedies have been exhausted or have lapsed, 14 and that is not being paid in a timely manner pursuant 15 to an agreement with the authority responsible for col- 16 lecting such tax liability, provided that the applicable Fed- 17 eral agency is aware of the unpaid Federal tax liability. 18 (b) Subsection (a) shall not apply if the applicable 19 Federal agency has considered suspension or debarment 20 of the corporation described in such subsection and has 21 made a determination that such suspension or debarment 22 is not necessary to protect the interests of the Federal 23 Government. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 116 •HR 4365 RH SEC. 8101. Amounts appropriated under title IV of 1 this Act, as detailed in budget activity eight of the ‘‘Expla- 2 nation of Project Level Adjustments’’ tables in the explan- 3 atory statement regarding this Act, may be used for ex- 4 penses for the agile research, development, test and eval- 5 uation, procurement, production, modification, and oper- 6 ation and maintenance, only for the following Software 7 and Digital Technology Pilot programs— 8 (1) Defensive CYBER (PE 0608041A); 9 (2) Risk Management Information (PE 10 0608013N); 11 (3) Maritime Tactical Command and Control 12 (PE 0608231N); 13 (4) Space Command and Control (PE 14 1208248SF); 15 (5) Global Command and Control System (PE 16 0303150K); 17 (6) Acquisition Visibility (PE 0608648D8Z); 18 and 19 (7) Defense Innovation Unit Fielding 20 (RDTE,DW Line 281). 21 SEC. 8102. None of the funds appropriated or other- 22 wise made available by this Act may be used to transfer 23 the National Reconnaissance Office to the Space Force: 24 Provided, That nothing in this Act shall be construed to 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 117 •HR 4365 RH limit or prohibit cooperation, collaboration, and coordina- 1 tion between the National Reconnaissance Office and the 2 Space Force or any other elements of the Department of 3 Defense. 4 SEC. 8103. None of the funds made available in this 5 Act may be used in contravention of the following laws 6 enacted or regulations promulgated to implement the 7 United Nations Convention Against Torture and Other 8 Cruel, Inhuman or Degrading Treatment or Punishment 9 (done at New York on December 10, 1984): 10 (1) Section 2340A of title 18, United States 11 Code. 12 (2) Section 2242 of the Foreign Affairs Reform 13 and Restructuring Act of 1998 (division G of Public 14 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 15 note) and regulations prescribed thereto, including 16 regulations under part 208 of title 8, Code of Fed- 17 eral Regulations, and part 95 of title 22, Code of 18 Federal Regulations. 19 (3) Sections 1002 and 1003 of the Department 20 of Defense, Emergency Supplemental Appropriations 21 to Address Hurricanes in the Gulf of Mexico, and 22 Pandemic Influenza Act, 2006 (Public Law 109– 23 148). 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 118 •HR 4365 RH SEC. 8104. Of the amounts appropriated in this Act 1 under the heading ‘‘Operation and Maintenance, Defense- 2 Wide’’, for the Defense Security Cooperation Agency, 3 $300,000,000, to remain available until September 30, 4 2025, shall be for the Ukraine Security Assistance Initia- 5 tive: Provided, That such funds shall be available to the 6 Secretary of Defense, with the concurrence of the Sec- 7 retary of State, to provide assistance, including training; 8 equipment; lethal assistance; logistics support, supplies 9 and services; salaries and stipends; sustainment; and intel- 10 ligence support to the military and national security forces 11 of Ukraine, and to other forces or groups recognized by 12 and under the authority of the Government of Ukraine, 13 including governmental entities within Ukraine, engaged 14 in resisting Russian aggression against Ukraine, for re- 15 placement of any weapons or articles provided to the Gov- 16 ernment of Ukraine from the inventory of the United 17 States, and to recover or dispose of equipment procured 18 using funds made available in this section in this or prior 19 Acts: Provided further, That the Secretary of Defense 20 shall, not less than 15 days prior to obligating funds made 21 available in this section, notify the congressional defense 22 committees in writing of the details of any such obligation: 23 Provided further, That the Secretary of Defense shall, not 24 more than 60 days after such notification is made, inform 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 119 •HR 4365 RH such committees if such funds have not been obligated and 1 the reasons therefor: Provided further, That the Secretary 2 of Defense shall consult with such committees in advance 3 of the provision of support provided to other forces or 4 groups recognized by and under the authority of the Gov- 5 ernment of Ukraine: Provided further, That the United 6 States may accept equipment procured using funds made 7 available in this section in this or prior Acts transferred 8 to the security forces of Ukraine and returned by such 9 forces to the United States: Provided further, That equip- 10 ment procured using funds made available in this section 11 in this or prior Acts, and not yet transferred to the mili- 12 tary or national security forces of Ukraine or to other as- 13 sisted entities, or returned by such forces or other assisted 14 entities to the United States, may be treated as stocks 15 of the Department of Defense upon written notification 16 to the congressional defense committees: Provided further, 17 That any notification of funds made available in this sec- 18 tion in this or prior Acts shall specify whether such funds 19 support ongoing or new programs, the duration and ex- 20 pected cost over the life of each program, a timeline for 21 the delivery of defense articles and defense services, and 22 any equipment that requires enhanced end-use moni- 23 toring: Provided further, That the Secretary of Defense 24 shall provide quarterly reports to the congressional de- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 120 •HR 4365 RH fense committees on the use and status of funds made 1 available in this section. 2 SEC. 8105. None of the funds made available by this 3 Act may be used to provide arms, training, or other assist- 4 ance to the Azov Battalion. 5 SEC. 8106. During the current fiscal year, the De- 6 partment of Defense is authorized to incur obligations of 7 not to exceed $350,000,000 for purposes specified in sec- 8 tion 2350j(c) of title 10, United States Code, in anticipa- 9 tion of receipt of contributions, only from the Government 10 of Kuwait, under that section: Provided, That, such con- 11 tributions shall, upon receipt, be credited to the appropria- 12 tions or fund which incurred such obligations. 13 SEC. 8107. Of the amounts appropriated in this Act 14 under the heading ‘‘Operation and Maintenance, Defense- 15 Wide’’, for the Defense Security Cooperation Agency, 16 $1,343,580,000, to remain available until September 30, 17 2025, shall be available for International Security Co- 18 operation Programs and other programs to provide sup- 19 port and assistance to foreign security forces or other 20 groups or individuals to conduct, support or facilitate 21 counterterrorism, crisis response, or building partner ca- 22 pacity programs: Provided, That the Secretary of Defense 23 shall, not less than 15 days prior to obligating funds made 24 available in this section, notify the congressional defense 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 121 •HR 4365 RH committees in writing of the details of any planned obliga- 1 tion: Provided further, That the Secretary of Defense shall 2 provide quarterly reports to the Committees on Appropria- 3 tions of the House of Representatives and the Senate on 4 the use and status of funds made available in this section. 5 SEC. 8108. Of the amounts appropriated in this Act 6 under the heading ‘‘Operation and Maintenance, Defense- 7 Wide’’, for the Defense Security Cooperation Agency, 8 $410,000,000, to remain available until September 30, 9 2025, shall be available to reimburse Jordan, Lebanon, 10 Egypt, Tunisia, and Oman under section 1226 of the Na- 11 tional Defense Authorization Act for Fiscal Year 2016 (22 12 U.S.C. 2151 note), for enhanced border security, of which 13 not less than $150,000,000 shall be for Jordan: Provided, 14 That the Secretary of Defense shall, not less than 15 days 15 prior to obligating funds made available in this section, 16 notify the congressional defense committees in writing of 17 the details of any planned obligation and the nature of 18 the expenses incurred: Provided further, That the Sec- 19 retary of Defense shall provide quarterly reports to the 20 Committees on Appropriations of the House of Represent- 21 atives and the Senate on the use and status of funds made 22 available in this section. 23 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 122 •HR 4365 RH SEC. 8109. None of the funds made available by this 1 Act may be used in contravention of the War Powers Res- 2 olution (50 U.S.C. 1541 et seq.). 3 SEC. 8110. None of the funds made available by this 4 Act for excess defense articles, assistance under section 5 333 of title 10, United States Code, or peacekeeping oper- 6 ations for the countries designated annually to be in viola- 7 tion of the standards of the Child Soldiers Prevention Act 8 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 9 be used to support any military training or operation that 10 includes child soldiers, as defined by the Child Soldiers 11 Prevention Act of 2008, unless such assistance is other- 12 wise permitted under section 404 of the Child Soldiers 13 Prevention Act of 2008. 14 SEC. 8111. None of the funds made available by this 15 Act may be made available for any member of the Taliban. 16 SEC. 8112. Notwithstanding any other provision of 17 law, any transfer of funds, appropriated or otherwise made 18 available by this Act, for support to friendly foreign coun- 19 tries in connection with the conduct of operations in which 20 the United States is not participating, pursuant to section 21 331(d) of title 10, United States Code, shall be made in 22 accordance with section 8005 of this Act. 23 SEC. 8113. (a) None of the funds appropriated or 24 otherwise made available by this or any other Act may 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 123 •HR 4365 RH be used by the Secretary of Defense, or any other official 1 or officer of the Department of Defense, to enter into a 2 contract, memorandum of understanding, or cooperative 3 agreement with, or make a grant to, or provide a loan 4 or loan guarantee to Rosoboronexport or any subsidiary 5 of Rosoboronexport. 6 (b) The Secretary of Defense may waive the limita- 7 tion in subsection (a) if the Secretary, in consultation with 8 the Secretary of State and the Director of National Intel- 9 ligence, determines that it is in the vital national security 10 interest of the United States to do so, and certifies in writ- 11 ing to the congressional defense committees that— 12 (1) Rosoboronexport has ceased the transfer of 13 lethal military equipment to, and the maintenance of 14 existing lethal military equipment for, the Govern- 15 ment of the Syrian Arab Republic; 16 (2) the armed forces of the Russian Federation 17 have withdrawn from Ukraine; and 18 (3) agents of the Russian Federation have 19 ceased taking active measures to destabilize the con- 20 trol of the Government of Ukraine over eastern 21 Ukraine. 22 (c) The Inspector General of the Department of De- 23 fense shall conduct a review of any action involving 24 Rosoboronexport with respect to a waiver issued by the 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 124 •HR 4365 RH Secretary of Defense pursuant to subsection (b), and not 1 later than 90 days after the date on which such a waiver 2 is issued by the Secretary of Defense, the Inspector Gen- 3 eral shall submit to the congressional defense committees 4 a report containing the results of the review conducted 5 with respect to such waiver. 6 SEC. 8114. Of the amounts appropriated in this Act 7 under the heading ‘‘Operation and Maintenance, Defense- 8 Wide’’, for the Defense Security Cooperation Agency, 9 $15,000,000, to remain available until September 30, 10 2025, shall be for payments to reimburse key cooperating 11 nations for logistical, military, and other support, includ- 12 ing access, provided to United States military and stability 13 operations to counter the Islamic State of Iraq and Syria: 14 Provided, That such reimbursement payments may be 15 made in such amounts as the Secretary of Defense, with 16 the concurrence of the Secretary of State, and in consulta- 17 tion with the Director of the Office of Management and 18 Budget, may determine, based on documentation deter- 19 mined by the Secretary of Defense to adequately account 20 for the support provided, and such determination is final 21 and conclusive upon the accounting officers of the United 22 States, and 15 days following written notification to the 23 appropriate congressional committees: Provided further, 24 That these funds may be used for the purpose of providing 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 125 •HR 4365 RH specialized training and procuring supplies and specialized 1 equipment and providing such supplies and loaning such 2 equipment on a non-reimbursable basis to coalition forces 3 supporting United States military and stability operations 4 to counter the Islamic State of Iraq and Syria, and 15 5 days following written notification to the appropriate con- 6 gressional committees: Provided further, That the Sec- 7 retary of Defense shall provide quarterly reports to the 8 Committees on Appropriations of the House of Represent- 9 atives and the Senate on the use and status of funds made 10 available in this section. 11 SEC. 8115. The Secretary of Defense shall notify the 12 congressional defense committees in writing not more than 13 30 days after the receipt of any contribution of funds re- 14 ceived from the government of a foreign country for any 15 purpose relating to the stationing or operations of the 16 United States Armed Forces: Provided, That such notifi- 17 cation shall include the amount of the contribution; the 18 purpose for which such contribution was made; and the 19 authority under which such contribution was accepted by 20 the Secretary of Defense: Provided further, That not fewer 21 than 15 days prior to obligating such funds, the Secretary 22 of Defense shall submit to the congressional defense com- 23 mittees in writing a notification of the planned use of such 24 contributions, including whether such contributions would 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 126 •HR 4365 RH support existing or new stationing or operations of the 1 United States Armed Forces. 2 SEC. 8116. (a) The Chairman of the Joint Chiefs, 3 in coordination with the Secretaries of the military depart- 4 ments and the Chiefs of the Armed Forces, shall submit 5 to the congressional defense committees, not later than 30 6 days after the last day of each quarter of the fiscal year, 7 a report on the use of operation and maintenance funds 8 for activities or exercises in excess of $5,000,000 that have 9 been designated by the Secretary of Defense as unplanned 10 activities for fiscal year 2024. 11 (b) Each report required by subsection (a) shall also 12 include— 13 (1) the title, date, and location, of each activity 14 and exercise covered by the report; 15 (2) an identification of the military department 16 and units that participated in each such activity or 17 exercise (including an estimate of the number of 18 participants); 19 (3) the total cost of the activity or exercise, by 20 budget line item (with a breakdown by cost element 21 such as transportation); and 22 (4) a short explanation of the objective of the 23 activity or exercise. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 127 •HR 4365 RH (c) The report required by subsection (a) shall be 1 submitted in unclassified form, but may include a classi- 2 fied annex. 3 SEC. 8117. Not later than 15 days after the date on 4 which any foreign base that involves the stationing or op- 5 erations of the United States Armed Forces, including a 6 temporary base, permanent base, or base owned and oper- 7 ated by a foreign country, is opened or closed, the Sec- 8 retary of Defense shall notify the congressional defense 9 committees in writing of the opening or closing of such 10 base: Provided, That such notification shall also include 11 information on any personnel changes, costs, and savings 12 associated with the opening or closing of such base. 13 SEC. 8118. None of the funds made available by this 14 Act may be used with respect to Iraq in contravention of 15 the War Powers Resolution (50 U.S.C. 1541 et seq.), in- 16 cluding for the introduction of United States Armed 17 Forces into hostilities in Iraq, into situations in Iraq 18 where imminent involvement in hostilities is clearly indi- 19 cated by the circumstances, or into Iraqi territory, air- 20 space, or waters while equipped for combat, in contraven- 21 tion of the congressional consultation and reporting re- 22 quirements of sections 3 and 4 of such Resolution (50 23 U.S.C. 1542 and 1543). 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 128 •HR 4365 RH SEC. 8119. None of the funds made available by this 1 Act may be used with respect to Syria in contravention 2 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 3 including for the introduction of United States armed or 4 military forces into hostilities in Syria, into situations in 5 Syria where imminent involvement in hostilities is clearly 6 indicated by the circumstances, or into Syrian territory, 7 airspace, or waters while equipped for combat, in con- 8 travention of the congressional consultation and reporting 9 requirements of sections 3 and 4 of that law (50 U.S.C. 10 1542 and 1543). 11 SEC. 8120. None of the funds appropriated or other- 12 wise made available by this or any other Act shall be obli- 13 gated or expended by the United States Government for 14 a purpose as follows: 15 (1) To establish any military installation or 16 base for the purpose of providing for the permanent 17 stationing of United States Armed Forces in Iraq. 18 (2) To exercise United States control over any 19 oil resource of Iraq or Syria. 20 SEC. 8121. None of the funds made available by this 21 Act under the heading ‘‘Counter-ISIS Train and Equip 22 Fund’’, and under the heading ‘‘Operation and Mainte- 23 nance, Defense-Wide’’ for Department of Defense security 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 129 •HR 4365 RH cooperation grant programs, may be used to procure or 1 transfer man-portable air defense systems. 2 SEC. 8122. Up to $500,000,000 of funds appro- 3 priated by this Act for the Defense Security Cooperation 4 Agency in ‘‘Operation and Maintenance, Defense-Wide’’ 5 may be used to provide assistance to the Government of 6 Jordan to support the armed forces of Jordan and to en- 7 hance security along its borders. 8 SEC. 8123. Not later than 180 days after the date 9 of the enactment of this Act, United States Southern 10 Command shall assume combatant command responsi- 11 bility for activities related to Mexico. 12 SEC. 8124. None of the funds appropriated or other- 13 wise made available in this or any other Act may be used 14 to transfer, release, or assist in the transfer or release to 15 or within the United States, its territories, or possessions 16 Khalid Sheikh Mohammed or any other detainee who— 17 (1) is not a United States citizen or a member 18 of the Armed Forces of the United States; and 19 (2) is or was held on or after June 24, 2009, 20 at United States Naval Station, Guanta´namo Bay, 21 Cuba, by the Department of Defense. 22 SEC. 8125. None of the funds appropriated or other- 23 wise made available in this Act may be used to transfer 24 any individual detained at United States Naval Station 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 130 •HR 4365 RH Guanta´namo Bay, Cuba, to the custody or control of the 1 individual’s country of origin, any other foreign country, 2 or any other foreign entity except in accordance with sec- 3 tion 1034 of the National Defense Authorization Act for 4 Fiscal Year 2016 (Public Law 114–92) and section 1035 5 of the John S. McCain National Defense Authorization 6 Act for Fiscal Year 2019 (Public Law 115–232). 7 SEC. 8126. (a) None of the funds appropriated or 8 otherwise made available in this or any other Act may be 9 used to construct, acquire, or modify any facility in the 10 United States, its territories, or possessions to house any 11 individual described in subsection (c) for the purposes of 12 detention or imprisonment in the custody or under the ef- 13 fective control of the Department of Defense. 14 (b) The prohibition in subsection (a) shall not apply 15 to any modification of facilities at United States Naval 16 Station, Guanta´namo Bay, Cuba. 17 (c) An individual described in this subsection is any 18 individual who, as of June 24, 2009, is located at United 19 States Naval Station, Guanta´namo Bay, Cuba, and who— 20 (1) is not a citizen of the United States or a 21 member of the Armed Forces of the United States; 22 and 23 (2) is— 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 131 •HR 4365 RH (A) in the custody or under the effective 1 control of the Department of Defense; or 2 (B) otherwise under detention at United 3 States Naval Station, Guanta´namo Bay, Cuba. 4 SEC. 8127. None of the funds made available by this 5 Act may be used to carry out the closure or realignment 6 of the United States Naval Station, Guanta´namo Bay, 7 Cuba. 8 SEC. 8128. Notwithstanding any other provision of 9 this Act, to reflect savings due to favorable foreign ex- 10 change rates, the total amount appropriated in this Act 11 is hereby reduced by $950,000,000. 12 SEC. 8129. In carrying out the program described in 13 the memorandum on the subject of ‘‘Policy for Assisted 14 Reproductive Services for the Benefit of Seriously or Se- 15 verely Ill/Injured (Category II or III) Active Duty Service 16 Members’’ issued by the Assistant Secretary of Defense 17 for Health Affairs on April 3, 2012, and the guidance 18 issued to implement such memorandum, the Secretary of 19 Defense shall apply such policy and guidance, except 20 that— 21 (1) the limitation on periods regarding embryo 22 cryopreservation and storage set forth in part III(G) 23 and in part IV(H) of such memorandum shall not 24 apply; and 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 132 •HR 4365 RH (2) the term ‘‘assisted reproductive technology’’ 1 shall include embryo cryopreservation and storage 2 without limitation on the duration of such 3 cryopreservation and storage. 4 SEC. 8130. None of the funds appropriated or other- 5 wise made available by this Act may be made used to sup- 6 port, directly or indirectly, the Wuhan Institute of Virol- 7 ogy, or any laboratory owned or controlled by the govern- 8 ments of the People’s Republic of China, the Republic of 9 Cuba, the Islamic Republic of Iran, the Democratic Peo- 10 ple’s Republic of Korea, the Russian Federation, the 11 Bolivarian Republic of Venezuela under the Maduro re- 12 gime, or any other country determined by the Secretary 13 of Defense, with the concurrence of the Secretary of State, 14 to be a foreign adversary. 15 SEC. 8131. None of the funds made available by this 16 Act may be used to fund any work to be performed by 17 EcoHealth Alliance, Inc. in China on research supported 18 by the government of China unless the Secretary of De- 19 fense determines that a waiver to such prohibition is in 20 the national security interests of the United States and, 21 not later than 14 days after granting such a waiver, sub- 22 mits to the congressional defense committees a detailed 23 justification for the waiver, including— 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 133 •HR 4365 RH (1) an identification of the Department of De- 1 fense entity obligating or expending the funds; 2 (2) an identification of the amount of such 3 funds; 4 (3) an identification of the intended purpose of 5 such funds; 6 (4) an identification of the recipient or prospec- 7 tive recipient of such funds (including any third- 8 party entity recipient, as applicable); 9 (5) an explanation for how the waiver is in the 10 national security interests of the United States; and 11 (6) any other information the Secretary deter- 12 mines appropriate. 13 SEC. 8132. The Secretary of the Navy shall continue 14 to provide pay and allowances to Lieutenant Ridge 15 Alkonis, United States Navy, until such time as the Sec- 16 retary of the Navy makes a determination with respect 17 to the separation of Lieutenant Alkonis from the Navy. 18 SEC. 8133. The Secretary of Defense may obligate 19 funds made available in this Act for procurement or for 20 research, development, test and evaluation for the F-35 21 Joint Strike Fighter to modify up to six F-35 aircraft, 22 including up to two F-35 aircraft of each variant, to a 23 test configuration: Provided, That the Secretary of De- 24 fense shall, with the concurrence of the Secretary of the 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 134 •HR 4365 RH Air Force and the Secretary of the Navy, notify the con- 1 gressional defense committees not fewer than 30 days 2 prior to obligating funds under this section: Provided fur- 3 ther, That any transfer of funds pursuant to the authority 4 provided in this section shall be made in accordance with 5 section 8005 of this Act. 6 SEC. 8134. None of the funds appropriated or other- 7 wise made available by this or any other Act may be obli- 8 gated to integrate an alternative engine on any F-35 air- 9 craft. 10 SEC. 8135. Funds appropriated in title III of this Act 11 may be used to enter into a contract or contracts for the 12 procurement of airframes and engines for the CH-53K 13 heavy lift helicopter program. 14 SEC. 8136. (a) Within 45 days of enactment of this 15 Act, the Secretary of Defense shall allocate amounts made 16 available from the Creating Helpful Incentives to Produce 17 Semiconductors (CHIPS) for America Defense Fund for 18 fiscal year 2024 pursuant to the transfer authority in sec- 19 tion 102(b)(1) of the CHIPS Act of 2022 (division A of 20 Public Law 117-167), to the account specified, in the 21 amounts specified, and for the projects and activities spec- 22 ified, in the table titled ‘‘Department of Defense Alloca- 23 tion of Funds: CHIPS and Science Act Fiscal Year 2024’’ 24 in the report accompanying this Act. 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 135 •HR 4365 RH (b) Neither the President nor his designee may allo- 1 cate any amounts that are made available for any fiscal 2 year under section 102(b)(2) of the CHIPS Act of 2022 3 if there is in effect an Act making or continuing appro- 4 priations for part of a fiscal year for the Department of 5 Defense: Provided, That in any fiscal year, the matter pre- 6 ceding this proviso shall not apply to the allocation, appor- 7 tionment, or allotment of amounts for continuing adminis- 8 tration of programs allocated using funds transferred from 9 the CHIPS for America Defense Fund, which may be allo- 10 cated pursuant to the transfer authority in section 11 102(b)(1) of the CHIPS Act of 2022 only in amounts that 12 are no more than the allocation for such purposes in sub- 13 section (a) of this section. 14 (c) The Secretary of Defense may reallocate funds 15 allocated by subsection (a) of this section, subject to the 16 terms and conditions contained in the provisos in section 17 8005 of this Act: Provided, That amounts may be reallo- 18 cated pursuant to this subsection only for those require- 19 ments necessary to carry out section 9903(b) of the Wil- 20 liam M. (Mac) Thornberry National Defense Authoriza- 21 tion Act for Fiscal Year 2021 (Public Law 116-283). 22 (d) Concurrent with the annual budget submission of 23 the President for fiscal year 2025, the Secretary of De- 24 fense shall submit to the Committees on Appropriations 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 136 •HR 4365 RH of the House of Representatives and the Senate proposed 1 allocations by account and by program, project, or activity, 2 with detailed justifications, for amounts made available 3 under section 102(b)(2) of the CHIPS Act of 2022 for 4 fiscal year 2025. 5 (e) The Department of Defense shall provide the 6 Committees on Appropriations of the House of Represent- 7 atives and Senate quarterly reports on the status of bal- 8 ances of projects and activities funded by the CHIPS for 9 America Defense Fund for amounts allocated pursuant to 10 subsection (a) of this section, including all uncommitted, 11 committed, and unobligated funds. 12 SEC. 8137. Of the amounts appropriated in this Act 13 under the heading ‘‘Research, Development, Test and 14 Evaluation, Defense-Wide’’ for the Office of Strategic 15 Capital, $99,000,000, to remain available until September 16 30, 2028, shall be available for the cost of loans and loan 17 guarantees: Provided, That such costs, including the cost 18 of modifying such loans, shall be as defined in section 502 19 of the Congressional Budget Act of 1974. 20 SEC. 8138. In addition to the amounts appropriated 21 or otherwise made available by this Act, $800,000,000 is 22 hereby appropriated to the Department of Defense to as- 23 sist with increasing pay for certain enlisted grades: Pro- 24 vided, That the Secretary of Defense shall change the fol- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 137 •HR 4365 RH lowing cells in the military monthly basic pay table that 1 was effective as of January 1, 2023 to the following: E- 2 1 with greater than four months in service to $2,600.60, 3 E-2 to $2,799.20, E-3 with less than three years of service 4 to $2,900.90, E-3 with three years of service to $2,950.60, 5 E-3 with four years of service to $3,000.60, E-3 with six 6 or more years of service to $3,050.60, E-4 with less than 7 two years of service to $3,010.50, E-4 with two years of 8 service to $3,060.60, E-4 with three years of service to 9 $3,100.10, E-4 with four years of service to $3,150.80, 10 E-4 with six years of service to $3,210.30, E-4 with eight 11 or more years of service to $3,260.30, E-5 with less than 12 two years of service to $3,100.30, E-5 with two years of 13 service to $3,150.20, E-5 with three years of service to 14 $3,200.20, E-5 with four years of service to $3,250.20, 15 E-6 with less than two years of service to $3,210: Provided 16 further, That the 5.2 percent increase in pay in the fiscal 17 year 2024 budget request for all grades is in addition to 18 the changes identified in this section. 19 SEC. 8139. None of the funds appropriated or other- 20 wise made available by this Act may be used to release 21 information described in paragraph C4.2.2.5.2 of DoD 22 5400.11-R regarding a current or former member of the 23 Armed Forces to any non-Federal entity or person without 24 the consent of such member or former member or, if the 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 138 •HR 4365 RH member or former member is deceased, the consent of the 1 next of kin of such member or former member or a legally 2 authorized representative of the estate of such member or 3 former member, unless such information is requested 4 under section 552 of title 5 (commonly referred to as the 5 ‘‘Freedom of Information Act’’) and such information is 6 not exempt from disclosure under such section: Provided, 7 That if such information is requested under such section, 8 the releasing authority shall notify the member or former 9 member who is the subject of the request or, if the mem- 10 ber or former member is deceased, the next of kin of such 11 member or former member, or a legally authorized rep- 12 resentative of the estate of such member or former mem- 13 ber, prior to the release of such information: Provided fur- 14 ther, That this section shall not apply to a request for such 15 information from a State or local law enforcement agency. 16 SEC. 8140. None of the funds appropriated or other- 17 wise made available by this Act may be obligated or ex- 18 pended for acquisition, construction, installation, or leas- 19 ing of temporary or permanent public works, military in- 20 stallations, facilities, and real property, or otherwise up- 21 date, modernize, or repair current public works, military 22 installations, and facilities, including leased structures, for 23 United States Space Command until such time as the Sec- 24 retary of the Air Force formally selects and publicly an- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 139 •HR 4365 RH nounces the permanent location of the United States 1 Space Command Headquarters in alignment to the United 2 States Air Force Selection Process for the Permanent Lo- 3 cation of the United States Space Command Head- 4 quarters, as validated by the United States Government 5 Accountability Office Report to Congress concerning 6 United States Space Command (GAO-22-106055) and 7 United States Department of Defense Inspector General 8 Report titled ‘‘Evaluation of the Air Force Selection Proc- 9 ess for the Permanent Location of the United States 10 Space Command Headquarters’’ (DODIG-2022-096). 11 SEC. 8141. None of the funds appropriated or other- 12 wise made available by this Act may be used to carry out 13 sections 554(a) and 913 of the National Defense Author- 14 ization Act for Fiscal Year 2021 (Public Law 116-283). 15 SEC. 8142. None of the funds appropriated or other- 16 wise made available by this Act may be used to implement, 17 administer, apply, enforce, or carry out the Diversity, Eq- 18 uity, Inclusion, and Accessibility Strategic Plan of the De- 19 partment of Defense, or Executive Order 13985 of Janu- 20 ary 20, 2021 (86 Fed. Reg. 7009, relating to advancing 21 racial equity and support for under-served communities 22 through the Federal Government), Executive Order 14035 23 of June 25, 2021 (86 Fed. Reg. 34593, relating to diver- 24 sity, equity, inclusion, and accessibility in the Federal 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 140 •HR 4365 RH workforce), Executive Order 14091 of February 16, 2023 1 (88 Fed. Reg. 10825, relating to further advancing racial 2 equity and support for underserved communities through 3 the Federal government), or shall be used to execute ac- 4 tivities that promote or perpetuate divisive concepts re- 5 lated to race or sex, such as the concepts that one race 6 or sex is inherently superior to another, or that an individ- 7 ual’s moral character or worth is determined by their race 8 or sex. 9 SEC. 8143. None of the funds made available by this 10 Act may be used for surgical procedures or hormone thera- 11 pies for the purposes of gender affirming care. 12 SEC. 8144. None of the funds appropriated or other- 13 wise made available by this Act may be used to promote, 14 host, facilitate, or support events on United States mili- 15 tary installations or as part of military recruiting pro- 16 grams that violate the Department of Defense Joint Eth- 17 ics Regulation or bring discredit upon the military, such 18 as a drag queen story hour for children or the use of drag 19 queens as military recruiters. 20 SEC. 8145. None of the funds appropriated or other- 21 wise made available by this Act may be used or transferred 22 to another Federal agency, board, or commission to re- 23 cruit, hire, or promote any person who has been convicted 24 of a Federal or State child pornography charge, has been 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 141 •HR 4365 RH convicted of any other Federal or State sexual assault 1 charge, or has been formally disciplined for using Federal 2 resources to access, use, or sell child pornography. 3 SEC. 8146. None of the funds appropriated by or 4 made available in this Act shall be used to implement, ad- 5 minister, or otherwise carry out the Department of De- 6 fense memorandum dated October 20, 2022, or any suc- 7 cessor to such memorandum, or to propose, promulgate, 8 or implement any substantially similar rule or policy. 9 SEC. 8147. None of the funds appropriated or other- 10 wise made available by this Act may be used to finalize, 11 promulgate, or implement the rule proposed by the De- 12 partment of Defense titled ‘‘Federal Acquisition Regula- 13 tion: Disclosure of Greenhouse Gas Emissions and Cli- 14 mate-Related Financial Risk’’ (87 Fed. Reg. 68312; No- 15 vember 14, 2022), or to propose, promulgate, or imple- 16 ment any substantially similar rule or policy. 17 SEC. 8148. None of the funds appropriated or other- 18 wise made available by this Act may be used to carry out 19 any program, project, or activity that promotes or ad- 20 vances Critical Race Theory, any concept associated with 21 Critical Race Theory, or that teaches or trains any idea 22 or concept that condones an individual being discriminated 23 against or receiving adverse or beneficial treatment based 24 on race or sex, that condones an individual feeling discom- 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 142 •HR 4365 RH fort, guilt, anguish, or any other form of psychological dis- 1 tress on account of that individual’s race or sex, as well 2 as any idea or concept that regards one race as inherently 3 superior to another race, the United States or its institu- 4 tions as being systemically racist or sexist, an individual 5 as being inherently racist, sexist, or oppressive by virtue 6 of that individual’s race or sex, an individual’s moral char- 7 acter as being necessarily determined by race or sex, an 8 individual as bearing responsibility for actions committed 9 in the past by other members of the same race or sex, 10 or meritocracy being racist, sexist, or having been created 11 by a particular race to oppress another race. 12 SEC. 8149. None of the funds appropriated or other- 13 wise made available in this Act may be used to— 14 (1) classify or facilitate the classification of any 15 communications by a United States person as mis- 16 , dis-, or mal-information; or 17 (2) partner with or fund nonprofit or other or- 18 ganizations that pressure or recommend private 19 companies to censor lawful and constitutionally pro- 20 tected speech of United States persons, including 21 recommending the censoring or removal of content 22 on social media platforms. 23 SEC. 8150. None of the funds appropriated or other- 24 wise made available by this Act may be used to grant, 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 143 •HR 4365 RH renew, or maintain a security clearance for any individual 1 listed as a signatory in the statement titled ‘‘Public State- 2 ment on the Hunter Biden Emails’’ dated October 19, 3 2020. 4 SEC. 8151. (a) IN GENERAL.—Notwithstanding sec- 5 tion 7 of title 1, United States Code, section 1738C of 6 title 28, United States Code, or any other provision of law, 7 none of the funds provided by this Act, or previous appro- 8 priations Acts, shall be used in whole or in part to take 9 any discriminatory action against a person, wholly or par- 10 tially, on the basis that such person speaks, or acts, in 11 accordance with a sincerely held religious belief, or moral 12 conviction, that marriage is, or should be recognized as, 13 a union of one man and one woman. 14 (b) DISCRIMINATORY ACTION DEFINED.—As used in 15 subsection (a), a discriminatory action means any action 16 taken by the Federal Government to— 17 (1) alter in any way the Federal tax treatment 18 of, or cause any tax, penalty, or payment to be as- 19 sessed against, or deny, delay, or revoke an exemp- 20 tion from taxation under section 501(a) of the Inter- 21 nal Revenue Code of 1986 of, any person referred to 22 in subsection (a); 23 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 144 •HR 4365 RH (2) disallow a deduction for Federal tax pur- 1 poses of any charitable contribution made to or by 2 such person; 3 (3) withhold, reduce the amount or funding for, 4 exclude, terminate, or otherwise make unavailable or 5 deny, any Federal grant, contract, subcontract, co- 6 operative agreement, guarantee, loan, scholarship, li- 7 cense, certification, accreditation, employment, or 8 other similar position or status from or to such per- 9 son; 10 (4) withhold, reduce, exclude, terminate, or oth- 11 erwise make unavailable or deny, any entitlement or 12 benefit under a Federal benefit program, including 13 admission to, equal treatment in, or eligibility for a 14 degree from an educational program, from or to 15 such person; or 16 (5) withhold, reduce, exclude, terminate, or oth- 17 erwise make unavailable or deny access or an entitle- 18 ment to Federal property, facilities, educational in- 19 stitutions, speech fora (including traditional, limited, 20 and nonpublic fora), or charitable fundraising cam- 21 paigns from or to such person. 22 (c) ACCREDITATION; LICENSURE; CERTIFICATION.— 23 The Federal Government shall consider accredited, li- 24 censed, or certified for purposes of Federal law any person 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 145 •HR 4365 RH that would be accredited, licensed, or certified, respec- 1 tively, for such purposes but for a determination against 2 such person wholly or partially on the basis that the per- 3 son speaks, or acts, in accordance with a sincerely held 4 religious belief or moral conviction described in subsection 5 (a). 6 SEC. 8152. None of the funds appropriated or other- 7 wise made available by this Act may be used by the Sec- 8 retary of Defense or the Service Secretaries to fly or dis- 9 play a flag over or within a facility of the Department 10 of Defense other than the flag of the United States; the 11 flag of a State, Territory, or District of Columbia; the flag 12 of the Department of Defense; the flag of a Military Serv- 13 ice; the flag of Flag or General Officers; the flag of Presi- 14 dentially-appointed, Senate-confirmed civilians; the flag of 15 Senior Executive Service (SES) and Military Department- 16 specific SES; the POW/MIA flag; the flags of other coun- 17 tries with which the United States is an ally or partner, 18 or for official protocol purposes; the flags of organizations 19 in which the United States is a member, such as the North 20 Atlantic Treaty Organization; or ceremonial, command, 21 unit, or branch flags or guidons. 22 SEC. 8153. (a) Not later than 180 days after the date 23 of the enactment of this Act, the Secretary of Defense 24 shall submit to the Committees on Appropriations of both 25 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 146 •HR 4365 RH the House of Representatives and Senate a report on ex- 1 cessive contractor payments that exceed the Truthful Cost 2 and Pricing Act (10 U.S.C. chapter 271 and 41 U.S.C. 3 chapter 35) threshold and with respect to which none of 4 the exceptions to certified cost or pricing data require- 5 ments applies. 6 (b) The report required by subsection (a) shall also 7 include the following: 8 (1) The amounts collected, adjusted, or offset 9 from contractors as a result of providing defective 10 cost and pricing data. 11 (2) The mechanisms used to identify violations 12 of the Truthful Cost and Pricing Act (10 U.S.C. 13 chapter 271 and 41 U.S.C. chapter 35). 14 (3) Disciplinary actions taken by the Depart- 15 ment of Defense when violations of the Truthful 16 Cost and Pricing Act (10 U.S.C. chapter 271 and 17 41 U.S.C. chapter 35) are identified, regardless of 18 whether included in the System for Award Manage- 19 ment. 20 (4) Any referrals made to the Department of 21 Justice where appropriate. 22 SPENDING REDUCTION ACCOUNT 23 SEC. 8154. $0. 24 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS 147 •HR 4365 RH This Act may be cited as the ‘‘Department of Defense 1 Appropriations Act, 2024’’. 2 VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS Union Calendar No. 93 118TH CONGRESS 1ST SESSION H. R. 4365 [Report No. 118–121] A BILL Making appropriations for the Department of De- fense for the fiscal year ending September 30, 2024, and for other purposes. JUNE 27, 2023 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 00:20 Jun 28, 2023 Jkt 039200 PO 00000 Frm 00148 Fmt 6651 Sfmt 6651 E:\BILLS\H4365.RH H4365 kjohnson on DSK79L0C42PROD with BILLS