II 

117TH CONGRESS 

2D SESSION S. 4663 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2023, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2022 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

A BILL 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2023, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Defense for the fiscal year ending Sep6 tember 30, 2023, and for other purposes, namely: 


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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the 

9 Army on active duty (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets; 

11 for members of the Reserve Officers’ Training Corps; and 

12 for payments pursuant to section 156 of Public Law 97– 

13 377, as amended (42 U.S.C. 402 note), and to the Depart14 ment of Defense Military Retirement Fund, 

15 $50,090,995,000. 

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the 

22 Navy on active duty (except members of the Reserve pro23 vided for elsewhere), midshipmen, and aviation cadets; for 

24 members of the Reserve Officers’ Training Corps; and for 

25 payments pursuant to section 156 of Public Law 97–377, 


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1 as amended (42 U.S.C. 402 note), and to the Department 

2 of Defense Military Retirement Fund, $36,484,883,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the Ma9 rine Corps on active duty (except members of the Reserve 

10 provided for elsewhere); and for payments pursuant to sec11 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $15,226,541,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of sta17 tion travel (including all expenses thereof for organiza18 tional movements), and expenses of temporary duty travel 

19 between permanent duty stations, for members of the Air 

20 Force on active duty (except members of reserve compo21 nents provided for elsewhere), cadets, and aviation cadets; 

22 for members of the Reserve Officers’ Training Corps; and 

23 for payments pursuant to section 156 of Public Law 97– 

24 377, as amended (42 U.S.C. 402 note), and to the DepartVerDate Sep 11 2014 00:01 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4663.IS S4663

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1 ment of Defense Military Retirement Fund, 

2 $34,740,869,000. 

3 MILITARY PERSONNEL, SPACE FORCE

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the 

9 Space Force on active duty, cadets; for members of the 

10 Reserve Officers Training Corps; and for payments pursu11 ant to section 156 of Public Law 97–377, as amended (42 

12 U.S.C. 402 note), and to the Department of Defense Mili13 tary Retirement Fund, $1,119,926,000. 

14 RESERVE PERSONNEL, ARMY

15 For pay, allowances, clothing, subsistence, gratuities, 

16 travel, and related expenses for personnel of the Army Re17 serve on active duty under sections 10211, 10302, and 

18 7038 of title 10, United States Code, or while serving on 

19 active duty under section 12301(d) of title 10, United 

20 States Code, in connection with performing duty specified 

21 in section 12310(a) of title 10, United States Code, or 

22 while undergoing reserve training, or while performing 

23 drills or equivalent duty or other duty, and expenses au24 thorized by section 16131 of title 10, United States Code; 


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1 and for payments to the Department of Defense Military 

2 Retirement Fund, $5,221,698,000. 

3 RESERVE PERSONNEL, NAVY

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Navy Re6 serve on active duty under section 10211 of title 10, 

7 United States Code, or while serving on active duty under 

8 section 12301(d) of title 10, United States Code, in con9 nection with performing duty specified in section 12310(a) 

10 of title 10, United States Code, or while undergoing re11 serve training, or while performing drills or equivalent 

12 duty, and expenses authorized by section 16131 of title 

13 10, United States Code; and for payments to the Depart14 ment of Defense Military Retirement Fund, 

15 $2,382,618,000. 

16 RESERVE PERSONNEL, MARINE CORPS

17 For pay, allowances, clothing, subsistence, gratuities, 

18 travel, and related expenses for personnel of the Marine 

19 Corps Reserve on active duty under section 10211 of title 

20 10, United States Code, or while serving on active duty 

21 under section 12301(d) of title 10, United States Code, 

22 in connection with performing duty specified in section 

23 12310(a) of title 10, United States Code, or while under24 going reserve training, or while performing drills or equiv25 alent duty, and for members of the Marine Corps platoon 


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1 leaders class, and expenses authorized by section 16131 

2 of title 10, United States Code; and for payments to the 

3 Department of Defense Military Retirement Fund, 

4 $860,240,000. 

5 RESERVE PERSONNEL, AIR FORCE

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Air Force 

8 Reserve on active duty under sections 10211, 10305, and 

9 8038 of title 10, United States Code, or while serving on 

10 active duty under section 12301(d) of title 10, United 

11 States Code, in connection with performing duty specified 

12 in section 12310(a) of title 10, United States Code, or 

13 while undergoing reserve training, or while performing 

14 drills or equivalent duty or other duty, and expenses au15 thorized by section 16131 of title 10, United States Code; 

16 and for payments to the Department of Defense Military 

17 Retirement Fund, $2,506,922,000. 

18 NATIONAL GUARD PERSONNEL, ARMY

19 For pay, allowances, clothing, subsistence, gratuities, 

20 travel, and related expenses for personnel of the Army Na21 tional Guard while on duty under sections 10211, 10302, 

22 or 12402 of title 10 or section 708 of title 32, United 

23 States Code, or while serving on duty under section 

24 12301(d) of title 10 or section 502(f) of title 32, United 

25 States Code, in connection with performing duty specified 


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1 in section 12310(a) of title 10, United States Code, or 

2 while undergoing training, or while performing drills or 

3 equivalent duty or other duty, and expenses authorized by 

4 section 16131 of title 10, United States Code; and for pay5 ments to the Department of Defense Military Retirement 

6 Fund, $9,375,029,000. 

7 NATIONAL GUARD PERSONNEL, AIR FORCE

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Air Na10 tional Guard on duty under sections 10211, 10305, or 

11 12402 of title 10 or section 708 of title 32, United States 

12 Code, or while serving on duty under section 12301(d) of 

13 title 10 or section 502(f) of title 32, United States Code, 

14 in connection with performing duty specified in section 

15 12310(a) of title 10, United States Code, or while under16 going training, or while performing drills or equivalent 

17 duty or other duty, and expenses authorized by section 

18 16131 of title 10, United States Code; and for payments 

19 to the Department of Defense Military Retirement Fund, 

20 $5,020,248,000. 


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1 TITLE II 

2 OPERATION AND MAINTENANCE 

3 OPERATION AND MAINTENANCE, ARMY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Army, as author6 ized by law, $58,928,528,000: Provided, That not to ex7 ceed $12,478,000 may be used for emergencies and ex8 traordinary expenses, to be expended upon the approval 

9 or authority of the Secretary of the Army, and payments 

10 may be made upon the Secretary’s certificate of necessity 

11 for confidential military purposes. 

12 OPERATION AND MAINTENANCE, NAVY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Navy and the 

15 Marine Corps, as authorized by law, $67,380,932,000: 

16 Provided, That not to exceed $15,055,000 may be used 

17 for emergencies and extraordinary expenses, to be ex18 pended upon the approval or authority of the Secretary 

19 of the Navy, and payments may be made upon the Sec20 retary’s certificate of necessity for confidential military 

21 purposes. 

22 OPERATION AND MAINTENANCE, MARINE CORPS

23 For expenses, not otherwise provided for, necessary 

24 for the operation and maintenance of the Marine Corps, 

25 as authorized by law, $10,057,284,000. 


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1 OPERATION AND MAINTENANCE, AIR FORCE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Air Force, as 

4 authorized by law, $59,766,942,000: Provided, That not 

5 to exceed $7,699,000 may be used for emergencies and 

6 extraordinary expenses, to be expended upon the approval 

7 or authority of the Secretary of the Air Force, and pay8 ments may be made upon the Secretary’s certificate of ne9 cessity for confidential military purposes. 

10 OPERATION AND MAINTENANCE, SPACE FORCE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance of the Space Force, as 

13 authorized by law, $4,090,783,000. 

14 OPERATION AND MAINTENANCE, DEFENSE-WIDE

15 (INCLUDING TRANSFER OF FUNDS)

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance of activities and agen18 cies of the Department of Defense (other than the military 

19 departments), as authorized by law, $48,989,470,000: 

20 Provided, That not more than $2,981,000 may be used 

21 for the Combatant Commander Initiative Fund authorized 

22 under section 166a of title 10, United States Code: Pro23 vided further, That not to exceed $36,000,000 may be 

24 used for emergencies and extraordinary expenses, to be ex25 pended upon the approval or authority of the Secretary 


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1 of Defense, and payments may be made upon the Sec2 retary’s certificate of necessity for confidential military 

3 purposes: Provided further, That of the funds provided 

4 under this heading, not less than $50,000,000 shall be 

5 made available for the Procurement Technical Assistance 

6 Cooperative Agreement Program, of which not less than 

7 $4,500,000 shall be available for centers defined in 10 

8 U.S.C. 2411(1)(D): Provided further, That none of the 

9 funds appropriated or otherwise made available by this 

10 Act may be used to plan or implement the consolidation 

11 of a budget or appropriations liaison office of the Office 

12 of the Secretary of Defense, the office of the Secretary 

13 of a military department, or the service headquarters of 

14 one of the Armed Forces into a legislative affairs or legis15 lative liaison office: Provided further, That $49,071,000 

16 to remain available until expended, is available only for 

17 expenses relating to certain classified activities, and may 

18 be transferred as necessary by the Secretary of Defense 

19 to operation and maintenance appropriations or research, 

20 development, test and evaluation appropriations, to be 

21 merged with and to be available for the same time period 

22 as the appropriations to which transferred: Provided fur23 ther, That any ceiling on the investment item unit cost 

24 of items that may be purchased with operation and main25 tenance funds shall not apply to the funds described in 


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1 the preceding proviso: Provided further, That of the funds 

2 provided under this heading, $2,389,669,000, of which 

3 $1,511,920,000, to remain available until September 30, 

4 2024, shall be available to provide support and assistance 

5 to foreign security forces or other groups or individuals 

6 to conduct, support or facilitate counterterrorism, crisis 

7 response, or other Department of Defense security co8 operation programs: Provided further, That the transfer 

9 authority provided under this heading is in addition to any 

10 other transfer authority provided elsewhere in this Act. 

11 COUNTER-ISIS TRAIN AND EQUIP FUND

12 For the ‘‘Counter-Islamic State of Iraq and Syria 

13 Train and Equip Fund’’, $487,513,000, to remain avail14 able until September 30, 2024: Provided, That such funds 

15 shall be available to the Secretary of Defense in coordina16 tion with the Secretary of State, to provide assistance, in17 cluding training; equipment; logistics support, supplies, 

18 and services; stipends; infrastructure repair and renova19 tion; construction for facility fortification and humane 

20 treatment; and sustainment, to foreign security forces, ir21 regular forces, groups, or individuals participating, or pre22 paring to participate in activities to counter the Islamic 

23 State of Iraq and Syria, and their affiliated or associated 

24 groups: Provided further, That amounts made available 

25 under this heading shall be available to provide assistance 


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1 only for activities in a country designated by the Secretary 

2 of Defense, in coordination with the Secretary of State, 

3 as having a security mission to counter the Islamic State 

4 of Iraq and Syria, and following written notification to the 

5 congressional defense committees of such designation: 

6 Provided further, That the Secretary of Defense shall en7 sure that prior to providing assistance to elements of any 

8 forces or individuals, such elements or individuals are ap9 propriately vetted, including at a minimum, assessing such 

10 elements for associations with terrorist groups or groups 

11 associated with the Government of Iran; and receiving 

12 commitments from such elements to promote respect for 

13 human rights and the rule of law: Provided further, That 

14 the Secretary of Defense shall, not fewer than 15 days 

15 prior to obligating from this appropriation account, notify 

16 the congressional defense committees in writing of the de17 tails of any such obligation: Provided further, That the 

18 Secretary of Defense may accept and retain contributions, 

19 including assistance in-kind, from foreign governments, 

20 including the Government of Iraq and other entities, to 

21 carry out assistance authorized under this heading: Pro22 vided further, That contributions of funds for the purposes 

23 provided herein from any foreign government or other en24 tity may be credited to this Fund, to remain available until 

25 expended, and used for such purposes: Provided further, 


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1 That the Secretary of Defense shall prioritize such con2 tributions when providing any assistance for construction 

3 for facility fortification: Provided further, That the Sec4 retary of Defense may waive a provision of law relating 

5 to the acquisition of items and support services or sections 

6 40 and 40A of the Arms Export Control Act (22 U.S.C. 

7 2780 and 2785) if the Secretary determines that such pro8 vision of law would prohibit, restrict, delay or otherwise 

9 limit the provision of such assistance and a notice of and 

10 justification for such waiver is submitted to the congres11 sional defense committees, the Committees on Appropria12 tions and Foreign Relations of the Senate and the Com13 mittees on Appropriations and Foreign Affairs of the 

14 House of Representatives: Provided further, That the 

15 United States may accept equipment procured using funds 

16 provided under this heading, or under the heading, ‘‘Iraq 

17 Train and Equip Fund’’ in prior Acts, that was trans18 ferred to security forces, irregular forces, or groups par19 ticipating, or preparing to participate in activities to 

20 counter the Islamic State of Iraq and Syria and returned 

21 by such forces or groups to the United States, and such 

22 equipment may be treated as stocks of the Department 

23 of Defense upon written notification to the congressional 

24 defense committees: Provided further, That equipment 

25 procured using funds provided under this heading, or 


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1 under the heading, ‘‘Iraq Train and Equip Fund’’ in prior 

2 Acts, and not yet transferred to security forces, irregular 

3 forces, or groups participating, or preparing to participate 

4 in activities to counter the Islamic State of Iraq and Syria 

5 may be treated as stocks of the Department of Defense 

6 when determined by the Secretary to no longer be required 

7 for transfer to such forces or groups and upon written 

8 notification to the congressional defense committees: Pro9 vided further, That the Secretary of Defense shall provide 

10 quarterly reports to the congressional defense committees 

11 on the use of funds provided under this heading, including, 

12 but not limited to, the number of individuals trained, the 

13 nature and scope of support and sustainment provided to 

14 each group or individual, the area of operations for each 

15 group, and the contributions of other countries, groups, 

16 or individuals. 

17 OPERATION AND MAINTENANCE, ARMY RESERVE

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance, including training, or20 ganization, and administration, of the Army Reserve; re21 pair of facilities and equipment; hire of passenger motor 

22 vehicles; travel and transportation; care of the dead; re23 cruiting; procurement of services, supplies, and equip24 ment; and communications, $3,258,504,000. 


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Navy Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $1,233,300,000. 

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Marine Corps Re14 serve; repair of facilities and equipment; hire of passenger 

15 motor vehicles; travel and transportation; care of the dead; 

16 recruiting; procurement of services, supplies, and equip17 ment; and communications, $309,633,000. 

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Air Force Reserve; 

22 repair of facilities and equipment; hire of passenger motor 

23 vehicles; travel and transportation; care of the dead; re24 cruiting; procurement of services, supplies, and equip25 ment; and communications, $3,569,044,000. 


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For expenses of training, organizing, and admin4 istering the Army National Guard, including medical and 

5 hospital treatment and related expenses in non-Federal 

6 hospitals; maintenance, operation, and repairs to struc7 tures and facilities; hire of passenger motor vehicles; per8 sonnel services in the National Guard Bureau; travel ex9 penses (other than mileage), as authorized by law for 

10 Army personnel on active duty, for Army National Guard 

11 division, regimental, and battalion commanders while in12 specting units in compliance with National Guard Bureau 

13 regulations when specifically authorized by the Chief, Na14 tional Guard Bureau; supplying and equipping the Army 

15 National Guard as authorized by law; and expenses of re16 pair, modification, maintenance, and issue of supplies and 

17 equipment (including aircraft), $8,337,287,000. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For expenses of training, organizing, and admin20 istering the Air National Guard, including medical and 

21 hospital treatment and related expenses in non-Federal 

22 hospitals; maintenance, operation, and repairs to struc23 tures and facilities; transportation of things, hire of pas24 senger motor vehicles; supplying and equipping the Air 

25 National Guard, as authorized by law; expenses for repair, 


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1 modification, maintenance, and issue of supplies and 

2 equipment, including those furnished from stocks under 

3 the control of agencies of the Department of Defense; 

4 travel expenses (other than mileage) on the same basis as 

5 authorized by law for Air National Guard personnel on 

6 active Federal duty, for Air National Guard commanders 

7 while inspecting units in compliance with National Guard 

8 Bureau regulations when specifically authorized by the 

9 Chief, National Guard Bureau, $7,278,779,000. 

10 UNITED STATES COURT OF APPEALS FOR THE ARMED

11 FORCES

12 For salaries and expenses necessary for the United 

13 States Court of Appeals for the Armed Forces, 

14 $16,003,000, of which not to exceed $10,000 may be used 

15 for official representation purposes. 

16 ENVIRONMENTAL RESTORATION, ARMY

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Army, $238,244,000, to 

19 remain available until transferred: Provided, That the Sec20 retary of the Army shall, upon determining that such 

21 funds are required for environmental restoration, reduc22 tion and recycling of hazardous waste, removal of unsafe 

23 buildings and debris of the Department of the Army, or 

24 for similar purposes, transfer the funds made available by 

25 this appropriation to other appropriations made available 


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1 to the Department of the Army, to be merged with and 

2 to be available for the same purposes and for the same 

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the transfer authority provided 

9 under this heading is in addition to any other transfer au10 thority provided elsewhere in this Act. 

11 ENVIRONMENTAL RESTORATION, NAVY

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Navy, $374,348,000, to 

14 remain available until transferred: Provided, That the Sec15 retary of the Navy shall, upon determining that such 

16 funds are required for environmental restoration, reduc17 tion and recycling of hazardous waste, removal of unsafe 

18 buildings and debris of the Department of the Navy, or 

19 for similar purposes, transfer the funds made available by 

20 this appropriation to other appropriations made available 

21 to the Department of the Navy, to be merged with and 

22 to be available for the same purposes and for the same 

23 time period as the appropriations to which transferred: 

24 Provided further, That upon a determination that all or 

25 part of the funds transferred from this appropriation are 


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1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation: 

3 Provided further, That the transfer authority provided 

4 under this heading is in addition to any other transfer au5 thority provided elsewhere in this Act. 

6 ENVIRONMENTAL RESTORATION, AIR FORCE

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Air Force, $466,474,000, 

9 to remain available until transferred: Provided, That the 

10 Secretary of the Air Force shall, upon determining that 

11 such funds are required for environmental restoration, re12 duction and recycling of hazardous waste, removal of un13 safe buildings and debris of the Department of the Air 

14 Force, or for similar purposes, transfer the funds made 

15 available by this appropriation to other appropriations 

16 made available to the Department of the Air Force, to be 

17 merged with and to be available for the same purposes 

18 and for the same time period as the appropriations to 

19 which transferred: Provided further, That upon a deter20 mination that all or part of the funds transferred from 

21 this appropriation are not necessary for the purposes pro22 vided herein, such amounts may be transferred back to 

23 this appropriation: Provided further, That the transfer au24 thority provided under this heading is in addition to any 

25 other transfer authority provided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of Defense, $8,924,000, to re4 main available until transferred: Provided, That the Sec5 retary of Defense shall, upon determining that such funds 

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

8 and debris of the Department of Defense, or for similar 

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of Defense, to be merged with and to be avail12 able for the same purposes and for the same time period 

13 as the appropriations to which transferred: Provided fur14 ther, That upon a determination that all or part of the 

15 funds transferred from this appropriation are not nec16 essary for the purposes provided herein, such amounts 

17 may be transferred back to this appropriation: Provided 

18 further, That the transfer authority provided under this 

19 heading is in addition to any other transfer authority pro20 vided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, FORMERLY USED

22 DEFENSE SITES

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Army, $297,262,000, to 

25 remain available until transferred: Provided, That the SecVerDate Sep 11 2014 00:01 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4663.IS S4663

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1 retary of the Army shall, upon determining that such 

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe 

4 buildings and debris at sites formerly used by the Depart5 ment of Defense, transfer the funds made available by this 

6 appropriation to other appropriations made available to 

7 the Department of the Army, to be merged with and to 

8 be available for the same purposes and for the same time 

9 period as the appropriations to which transferred: Pro10 vided further, That upon a determination that all or part 

11 of the funds transferred from this appropriation are not 

12 necessary for the purposes provided herein, such amounts 

13 may be transferred back to this appropriation: Provided 

14 further, That the transfer authority provided under this 

15 heading is in addition to any other transfer authority pro16 vided elsewhere in this Act. 

17 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

18 For expenses relating to the Overseas Humanitarian, 

19 Disaster, and Civic Aid programs of the Department of 

20 Defense (consisting of the programs provided under sec21 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

22 United States Code), $112,800,000, to remain available 

23 until September 30, 2024. 


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1 COOPERATIVE THREAT REDUCTION ACCOUNT

2 For assistance, including assistance provided by con3 tract or by grants, under programs and activities of the 

4 Department of Defense Cooperative Threat Reduction 

5 Program authorized under the Department of Defense Co6 operative Threat Reduction Act, $341,598,000, to remain 

7 available until September 30, 2025. 

8 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

9 DEVELOPMENT ACCOUNT

10 For the Department of Defense Acquisition Work11 force Development Account, $126,791,000: Provided, 

12 That no other amounts may be otherwise credited or 

13 transferred to the Account, or deposited into the Account, 

14 in fiscal year 2023 pursuant to section 1705(d) of title 

15 10, United States Code. 


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1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

10 and such lands and interests therein, may be acquired, 

11 and construction prosecuted thereon prior to approval of 

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

16 foregoing purposes, $3,403,946,000, to remain available 

17 for obligation until September 30, 2025. 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

25 and such lands and interests therein, may be acquired, 


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1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $3,853,303,000, to remain available 

7 for obligation until September 30, 2025. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and 

11 modification of weapons and tracked combat vehicles, 

12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 

14 expansion of public and private plants, including the land 

15 necessary therefor, for the foregoing purposes, and such 

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 

18 procurement and installation of equipment, appliances, 

19 and machine tools in public and private plants; reserve 

20 plant and Government and contractor-owned equipment 

21 layaway; and other expenses necessary for the foregoing 

22 purposes, $4,790,018,000, to remain available for obliga23 tion until September 30, 2025. 


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1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

14 for the foregoing purposes, $2,732,300,000, to remain 

15 available for obligation until September 30, 2025. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and 

18 modification of vehicles, including tactical, support, and 

19 non-tracked combat vehicles; the purchase of passenger 

20 motor vehicles for replacement only; communications and 

21 electronic equipment; other support equipment; spare 

22 parts, ordnance, and accessories therefor; specialized 

23 equipment and training devices; expansion of public and 

24 private plants, including the land necessary therefor, for 

25 the foregoing purposes, and such lands and interests 


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1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; and procurement and 

3 installation of equipment, appliances, and machine tools 

4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other 

6 expenses necessary for the foregoing purposes, 

7 $7,936,312,000, to remain available for obligation until 

8 September 30, 2025. 

9 AIRCRAFT PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of aircraft, equipment, including 

12 ordnance, spare parts, and accessories therefor; specialized 

13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted 

16 thereon prior to approval of title; and procurement and 

17 installation of equipment, appliances, and machine tools 

18 in public and private plants; reserve plant and Govern19 ment and contractor-owned equipment layaway, 

20 $18,059,443,000, to remain available for obligation until 

21 September 30, 2025. 

22 WEAPONS PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts, 


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1 and accessories therefor; expansion of public and private 

2 plants, including the land necessary therefor, and such 

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 

5 procurement and installation of equipment, appliances, 

6 and machine tools in public and private plants; reserve 

7 plant and Government and contractor-owned equipment 

8 layaway, $4,850,198,000, to remain available for obliga9 tion until September 30, 2025. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and 

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 

24 for the foregoing purposes, $1,119,954,000, to remain 

25 available for obligation until September 30, 2025. 


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1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long lead time components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Columbia Class Submarine, $3,079,223,000; 

15 Columbia Class Submarine (AP), 

16 $2,778,553,000; 

17 Carrier Replacement Program (CVN–80), 

18 $1,465,880,000; 

19 Carrier Replacement Program (CVN–81), 

20 $1,052,024,000; 

21 Virginia Class Submarine, $4,534,184,000; 

22 Virginia Class Submarine (AP), 

23 $2,025,651,000; 

24 CVN Refueling Overhauls (AP), $612,081,000; 

25 DDG–1000 Program, $72,976,000; 


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1 DDG–51 Destroyer, $6,946,537,000; 

2 DDG–51 Destroyer (AP), $695,652,000; 

3 FFG–Frigate, $1,135,224,000; 

4 LPD Flight II, $1,673,000,000; 

5 LPD Flight II (AP), $250,000,000; 

6 LHA Replacement, $1,374,470,000; 

7 Expeditionary Fast Transport, $645,000,000; 

8 TAO Fleet Oiler, $782,588,000; 

9 Towing, Salvage, and Rescue Ship, 

10 $95,915,000; 

11 Ship to Shore Connector, $454,533,000; 

12 Service Craft, $21,056,000; 

13 Auxiliary Personnel Lighter, $63,218,000; 

14 LCAC SLEP, $36,301,000; 

15 Auxiliary Vessels, $133,000,000; 

16 For outfitting, post delivery, conversions, and 

17 first destination transportation, $673,484,000; and 

18 Completion of Prior Year Shipbuilding Pro19 grams, $1,328,146,000. 

20 In all: $31,928,696,000, to remain available for obligation 

21 until September 30, 2027: Provided, That additional obli22 gations may be incurred after September 30, 2027, for 

23 engineering services, tests, evaluations, and other such 

24 budgeted work that must be performed in the final stage 

25 of ship construction: Provided further, That none of the 


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1 funds provided under this heading for the construction or 

2 conversion of any naval vessel to be constructed in ship3 yards in the United States shall be expended in foreign 

4 facilities for the construction of major components of such 

5 vessel: Provided further, That none of the funds provided 

6 under this heading shall be used for the construction of 

7 any naval vessel in foreign shipyards: Provided further, 

8 That funds appropriated or otherwise made available by 

9 this Act for Columbia Class Submarine (AP) may be avail10 able for the purposes authorized by subsections (f), (g), 

11 (h) or (i) of section 2218a of title 10, United States Code, 

12 only in accordance with the provisions of the applicable 

13 subsection. 

14 OTHER PROCUREMENT, NAVY

15 For procurement, production, and modernization of 

16 support equipment and materials not otherwise provided 

17 for, Navy ordnance (except ordnance for new aircraft, new 

18 ships, and ships authorized for conversion); the purchase 

19 of passenger motor vehicles for replacement only; expan20 sion of public and private plants, including the land nec21 essary therefor, and such lands and interests therein, may 

22 be acquired, and construction prosecuted thereon prior to 

23 approval of title; and procurement and installation of 

24 equipment, appliances, and machine tools in public and 

25 private plants; reserve plant and Government and conVerDate Sep 11 2014 00:01 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S4663.IS S4663

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1 tractor-owned equipment layaway, $11,851,783,000, to 

2 remain available for obligation until September 30, 2025: 

3 Provided, That such funds are also available for the main4 tenance, repair, and modernization of ships under a pilot 

5 program established for such purposes. 

6 PROCUREMENT, MARINE CORPS

7 For expenses necessary for the procurement, manu8 facture, and modification of missiles, armament, military 

9 equipment, spare parts, and accessories therefor; plant 

10 equipment, appliances, and machine tools, and installation 

11 thereof in public and private plants; reserve plant and 

12 Government and contractor-owned equipment layaway; ve13 hicles for the Marine Corps, including the purchase of pas14 senger motor vehicles for replacement only; and expansion 

15 of public and private plants, including land necessary 

16 therefor, and such lands and interests therein, may be ac17 quired, and construction prosecuted thereon prior to ap18 proval of title, $3,713,286,000, to remain available for ob19 ligation until September 30, 2025. 

20 AIRCRAFT PROCUREMENT, AIR FORCE

21 For construction, procurement, and modification of 

22 aircraft and equipment, including armor and armament, 

23 specialized ground handling equipment, and training de24 vices, spare parts, and accessories therefor; specialized 

25 equipment; expansion of public and private plants, GovVerDate Sep 11 2014 00:01 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4663.IS S4663

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1 ernment-owned equipment and installation thereof in such 

2 plants, erection of structures, and acquisition of land, for 

3 the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; reserve plant and Gov6 ernment and contractor-owned equipment layaway; and 

7 other expenses necessary for the foregoing purposes in8 cluding rents and transportation of things, 

9 $20,704,120,000, to remain available for obligation until 

10 September 30, 2025. 

11 MISSILE PROCUREMENT, AIR FORCE

12 For construction, procurement, and modification of 

13 missiles, rockets, and related equipment, including spare 

14 parts and accessories therefor; ground handling equip15 ment, and training devices; expansion of public and pri16 vate plants, Government-owned equipment and installa17 tion thereof in such plants, erection of structures, and ac18 quisition of land, for the foregoing purposes, and such 

19 lands and interests therein, may be acquired, and con20 struction prosecuted thereon prior to approval of title; re21 serve plant and Government and contractor-owned equip22 ment layaway; and other expenses necessary for the fore23 going purposes including rents and transportation of 

24 things, $3,207,815,000, to remain available for obligation 

25 until September 30, 2025. 


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1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

14 for the foregoing purposes, $870,822,000, to remain avail15 able for obligation until September 30, 2025. 

16 OTHER PROCUREMENT, AIR FORCE

17 For procurement and modification of equipment (in18 cluding ground guidance and electronic control equipment, 

19 and ground electronic and communication equipment), 

20 and supplies, materials, and spare parts therefor, not oth21 erwise provided for; the purchase of passenger motor vehi22 cles for replacement only; lease of passenger motor vehi23 cles; and expansion of public and private plants, Govern24 ment-owned equipment and installation thereof in such 

25 plants, erection of structures, and acquisition of land, for 


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•S 4663 IS

1 the foregoing purposes, and such lands and interests 

2 therein, may be acquired, and construction prosecuted 

3 thereon, prior to approval of title; reserve plant and Gov4 ernment and contractor-owned equipment layaway, 

5 $26,063,918,000, to remain available for obligation until 

6 September 30, 2025. 

7 PROCUREMENT, SPACE FORCE

8 For construction, procurement, and modification of 

9 spacecraft, rockets, and related equipment, including 

10 spare parts and accessories therefor; ground handling 

11 equipment, and training devices; expansion of public and 

12 private plants, Government-owned equipment and installa13 tion thereof in such plants, erection of structures, and ac14 quisition of land, for the foregoing purposes, and such 

15 lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title; re17 serve plant and Government and contractor-owned equip18 ment layaway; and other expenses necessary for the fore19 going purposes including rents and transportation of 

20 things, $4,050,914,000, to remain available for obligation 

21 until September 30, 2025. 

22 PROCUREMENT, DEFENSE-WIDE

23 For expenses of activities and agencies of the Depart24 ment of Defense (other than the military departments) 

25 necessary for procurement, production, and modification 


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1 of equipment, supplies, materials, and spare parts there2 for, not otherwise provided for; the purchase of passenger 

3 motor vehicles for replacement only; expansion of public 

4 and private plants, equipment, and installation thereof in 

5 such plants, erection of structures, and acquisition of land 

6 for the foregoing purposes, and such lands and interests 

7 therein, may be acquired, and construction prosecuted 

8 thereon prior to approval of title; reserve plant and Gov9 ernment and contractor-owned equipment layaway, 

10 $5,740,190,000, to remain available for obligation until 

11 September 30, 2025. 

12 DEFENSE PRODUCTION ACT PURCHASES

13 For activities by the Department of Defense pursuant 

14 to sections 108, 301, 302, and 303 of the Defense Produc15 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

16 $359,906,000, to remain available until expended, which 

17 shall be obligated and expended by the Secretary of De18 fense as if delegated the necessary authorities conferred 

19 by the Defense Production Act of 1950. 

20 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

21 For procurement of rotary-wing aircraft; combat, tac22 tical and support vehicles; other weapons; and other pro23 curement items for the reserve components of the Armed 

24 Forces, $1,500,000,000, to remain available for obligation 

25 until September 30, 2025: Provided, That the Chiefs of 


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1 National Guard and Reserve components shall, not later 

2 than 30 days after enactment of this Act, individually sub3 mit to the congressional defense committees the mod4 ernization priority assessment for their respective Na5 tional Guard or Reserve component: Provided further, 

6 That none of the funds made available by this paragraph 

7 may be used to procure manned fixed wing aircraft, or 

8 procure or modify missiles, munitions, or ammunition. 


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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $15,496,166,000, to remain avail10 able for obligation until September 30, 2024. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $24,445,418,000, to remain avail17 able for obligation until September 30, 2024: Provided, 

18 That funds appropriated in this paragraph which are 

19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 AIR FORCE

23 For expenses necessary for basic and applied sci24 entific research, development, test and evaluation, includ25 ing maintenance, rehabilitation, lease, and operation of faVerDate Sep 11 2014 00:01 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S4663.IS S4663

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1 cilities and equipment, $43,717,011,000, to remain avail2 able for obligation until September 30, 2024. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 SPACE FORCE

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, $16,528,488,000, to remain avail9 able until September 30, 2024. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments), 

14 necessary for basic and applied scientific research, devel15 opment, test and evaluation; advanced research projects 

16 as may be designated and determined by the Secretary 

17 of Defense, pursuant to law; maintenance, rehabilitation, 

18 lease, and operation of facilities and equipment, 

19 $33,836,217,000, to remain available for obligation until 

20 September 30, 2024. 

21 OPERATIONAL TEST AND EVALUATION, DEFENSE

22 For expenses, not otherwise provided for, necessary 

23 for the independent activities of the Director, Operational 

24 Test and Evaluation, in the direction and supervision of 

25 operational test and evaluation, including initial operVerDate Sep 11 2014 00:01 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S4663.IS S4663

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1 ational test and evaluation which is conducted prior to, 

2 and in support of, production decisions; joint operational 

3 testing and evaluation; and administrative expenses in 

4 connection therewith, $602,194,000, to remain available 

5 for obligation until September 30, 2024. 

6 TITLE V 

7 REVOLVING AND MANAGEMENT FUNDS 

8 DEFENSE WORKING CAPITAL FUNDS

9 For the Defense Working Capital Funds, 

10 $1,445,095,000. 


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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

6 as authorized by law, $37,617,924,000; of which 

7 $35,046,200,000 shall be for operation and maintenance, 

8 of which not to exceed one percent shall remain available 

9 for obligation until September 30, 2024, and of which up 

10 to $18,455,209,000 may be available for contracts entered 

11 into under the TRICARE program; of which 

12 $570,074,000, to remain available for obligation until Sep13 tember 30, 2025, shall be for procurement; and of which 

14 $2,001,650,000, to remain available for obligation until 

15 September 30, 2024, shall be for research, development, 

16 test and evaluation: Provided, That of the funds provided 

17 under this heading for research, development, test and 

18 evaluation, not less than $954,500,000 shall be made 

19 available to the United States Army Medical Research and 

20 Development Command to carry out the congressionally 

21 directed medical research programs. 

22 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

23 DEFENSE

24 For expenses, not otherwise provided for, necessary 

25 for the destruction of the United States stockpile of lethal 


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1 chemical agents and munitions in accordance with the pro2 visions of section 1412 of the Department of Defense Au3 thorization Act, 1986 (50 U.S.C. 1521), and for the de4 struction of other chemical warfare materials that are not 

5 in the chemical weapon stockpile, $1,059,818,000, of 

6 which $84,612,000 shall be for operation and mainte7 nance, of which no less than $53,186,000 shall be for the 

8 Chemical Stockpile Emergency Preparedness Program, 

9 consisting of $22,778,000 for activities on military instal10 lations and $30,408,000, to remain available until Sep11 tember 30, 2024, to assist State and local governments; 

12 and $975,206,000, to remain available until September 

13 30, 2024, shall be for research, development, test and eval14 uation, of which $971,742,000 shall only be for the As15 sembled Chemical Weapons Alternatives program. 

16 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

17 DEFENSE

18 (INCLUDING TRANSFER OF FUNDS)

19 For drug interdiction and counter-drug activities of 

20 the Department of Defense, for transfer to appropriations 

21 available to the Department of Defense for military per22 sonnel of the reserve components serving under the provi23 sions of title 10 and title 32, United States Code; for oper24 ation and maintenance; for procurement; and for research, 

25 development, test and evaluation, $977,408,000, of which 


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1 $621,154,000 shall be for counter-narcotics support; 

2 $130,060,000 shall be for the drug demand reduction pro3 gram; $200,316,000 shall be for the National Guard 

4 counter-drug program; and $25,878,000 shall be for the 

5 National Guard counter-drug schools program: Provided, 

6 That the funds appropriated under this heading shall be 

7 available for obligation for the same time period and for 

8 the same purpose as the appropriation to which trans9 ferred: Provided further, That upon a determination that 

10 all or part of the funds transferred from this appropriation 

11 are not necessary for the purposes provided herein, such 

12 amounts may be transferred back to this appropriation: 

13 Provided further, That the transfer authority provided 

14 under this heading is in addition to any other transfer au15 thority contained elsewhere in this Act. 

16 OFFICE OF THE INSPECTOR GENERAL

17 For expenses and activities of the Office of the In18 spector General in carrying out the provisions of the In19 spector General Act of 1978, as amended, $499,359,000, 

20 of which $495,971,000 shall be for operation and mainte21 nance, of which not to exceed $700,000 is available for 

22 emergencies and extraordinary expenses to be expended 

23 upon the approval or authority of the Inspector General, 

24 and payments may be made upon the Inspector General’s 

25 certificate of necessity for confidential military purposes; 


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1 of which $1,524,000, to remain available for obligation 

2 until September 30, 2025, shall be for procurement; and 

3 of which $1,864,000, to remain available until September 

4 30, 2024, shall be for research, development, test and eval5 uation. 

6 SUPPORT FOR INTERNATIONAL SPORTING

7 COMPETITIONS

8 For logistical and security support for international 

9 sporting competitions (including pay and non-travel re10 lated allowances only for members of the Reserve Compo11 nents of the Armed Forces of the United States called or 

12 ordered to active duty in connection with providing such 

13 support), $10,377,000, to remain available until expended. 


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1 TITLE VII 

2 RELATED AGENCIES 

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

5 For payment to the Central Intelligence Agency Re6 tirement and Disability System Fund, to maintain the 

7 proper funding level for continuing the operation of the 

8 Central Intelligence Agency Retirement and Disability 

9 System, $514,000,000. 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 For necessary expenses of the Intelligence Commu12 nity Management Account, $581,210,000. 


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1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

6 SEC. 8002. During the current fiscal year, provisions 

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

9 shall not apply to personnel of the Department of Defense: 

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

12 Defense funded by this Act shall not be at a rate in excess 

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

15 computed under the provisions of section 5332 of title 5, 

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 

18 its own employees, whichever is higher: Provided further, 

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 

24 not apply to foreign national employees of the Department 

25 of Defense in the Republic of Turkey. 


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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

3 the current fiscal year, unless expressly so provided herein. 

4 SEC. 8004. No more than 20 percent of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 

7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, the Secretary may, with the approval of the Office 

15 of Management and Budget, transfer not to exceed 

16 $6,000,000,000 of working capital funds of the Depart17 ment of Defense or funds made available in this Act to 

18 the Department of Defense for military functions (except 

19 military construction) between such appropriations or 

20 funds or any subdivision thereof, to be merged with and 

21 to be available for the same purposes, and for the same 

22 time period, as the appropriation or fund to which trans23 ferred: Provided, That such authority to transfer may not 

24 be used unless for higher priority items, based on unfore25 seen military requirements, than those for which originally 


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1 appropriated and in no case where the item for which 

2 funds are requested has been denied by the Congress: Pro3 vided further, That the Secretary of Defense shall notify 

4 the Congress promptly of all transfers made pursuant to 

5 this authority or any other authority in this Act: Provided 

6 further, That no part of the funds in this Act shall be 

7 available to prepare or present a request to the Commit8 tees on Appropriations of the House of Representatives 

9 and the Senate for reprogramming of funds, unless for 

10 higher priority items, based on unforeseen military re11 quirements, than those for which originally appropriated 

12 and in no case where the item for which reprogramming 

13 is requested has been denied by the Congress: Provided 

14 further, That a request for multiple reprogrammings of 

15 funds using authority provided in this section shall be 

16 made prior to June 30, 2023: Provided further, That 

17 transfers among military personnel appropriations shall 

18 not be taken into account for purposes of the limitation 

19 on the amount of funds that may be transferred under 

20 this section. 

21 SEC. 8006. (a) With regard to the list of specific pro22 grams, projects, and activities (and the dollar amounts 

23 and adjustments to budget activities corresponding to 

24 such programs, projects, and activities) contained in the 

25 tables titled ‘‘Committee Recommended Adjustments’’ in 


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1 the explanatory statement regarding this Act and the ta2 bles contained in the classified annex accompanying this 

3 Act, the obligation and expenditure of amounts appro4 priated or otherwise made available in this Act for those 

5 programs, projects, and activities for which the amounts 

6 appropriated exceed the amounts requested are hereby re7 quired by law to be carried out in the manner provided 

8 by such tables to the same extent as if the tables were 

9 included in the text of this Act. 

10 (b) Amounts specified in the referenced tables de11 scribed in subsection (a) shall not be treated as subdivi12 sions of appropriations for purposes of section 8005 of this 

13 Act: Provided, That section 8005 of this Act shall apply 

14 when transfers of the amounts described in subsection (a) 

15 occur between appropriation accounts, subject to the limi16 tation in subsection (c): Provided further, That the trans17 fer amount limitation provided in section 8005 of this Act 

18 shall not apply to transfers of amounts described in sub19 section (a) if such transfers are necessary for the proper 

20 execution of such funds. 

21 (c) During the current fiscal year, amounts specified 

22 in the referenced tables described in subsection (a) may 

23 not be transferred pursuant to section 8005 of this Act 

24 other than for proper execution of such amounts, as pro25 vided in subsection (b). 


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1 SEC. 8007. (a) Not later than 60 days after enact2 ment of this Act, the Department of Defense shall submit 

3 a report to the congressional defense committees to estab4 lish the baseline for application of reprogramming and 

5 transfer authorities for fiscal year 2023: Provided, That 

6 the report shall include— 

7 (1) a table for each appropriation with a sepa8 rate column to display the President’s budget re9 quest, adjustments made by Congress, adjustments 

10 due to enacted rescissions, if appropriate, and the 

11 fiscal year enacted level; 

12 (2) a delineation in the table for each appro13 priation both by budget activity and program, 

14 project, and activity as detailed in the Budget Ap15 pendix; and 

16 (3) an identification of items of special congres17 sional interest. 

18 (b) Notwithstanding section 8005 of this Act, none 

19 of the funds provided in this Act shall be available for 

20 reprogramming or transfer until the report identified in 

21 subsection (a) is submitted to the congressional defense 

22 committees, unless the Secretary of Defense certifies in 

23 writing to the congressional defense committees that such 

24 reprogramming or transfer is necessary as an emergency 

25 requirement: Provided, That this subsection shall not 


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1 apply to transfers from the following appropriations ac2 counts: 

3 (1) ‘‘Environmental Restoration, Army’’; 

4 (2) ‘‘Environmental Restoration, Navy’’; 

5 (3) ‘‘Environmental Restoration, Air Force’’; 

6 (4) ‘‘Environmental Restoration, Defense7 Wide’’; 

8 (5) ‘‘Environmental Restoration, Formerly 

9 Used Defense Sites’’; and 

10 (6) ‘‘Drug Interdiction and Counter-drug Ac11 tivities, Defense’’. 

12 (TRANSFER OF FUNDS)

13 SEC. 8008. During the current fiscal year, cash bal14 ances in working capital funds of the Department of De15 fense established pursuant to section 2208 of title 10, 

16 United States Code, may be maintained in only such 

17 amounts as are necessary at any time for cash disburse18 ments to be made from such funds: Provided, That trans19 fers may be made between such funds: Provided further, 

20 That transfers may be made between working capital 

21 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

22 appropriation and the ‘‘Operation and Maintenance’’ ap23 propriation accounts in such amounts as may be deter24 mined by the Secretary of Defense, with the approval of 

25 the Office of Management and Budget, except that such 


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1 transfers may not be made unless the Secretary of Defense 

2 has notified the Congress of the proposed transfer: Pro3 vided further, That except in amounts equal to the 

4 amounts appropriated to working capital funds in this Act, 

5 no obligations may be made against a working capital fund 

6 to procure or increase the value of war reserve material 

7 inventory, unless the Secretary of Defense has notified the 

8 Congress prior to any such obligation. 

9 SEC. 8009. Funds appropriated by this Act may not 

10 be used to initiate a special access program without prior 

11 notification 30 calendar days in advance to the congres12 sional defense committees. 

13 SEC. 8010. None of the funds provided in this Act 

14 shall be available to initiate: (1) a multiyear contract that 

15 employs economic order quantity procurement in excess of 

16 $20,000,000 in any one year of the contract or that in17 cludes an unfunded contingent liability in excess of 

18 $20,000,000; or (2) a contract for advance procurement 

19 leading to a multiyear contract that employs economic 

20 order quantity procurement in excess of $20,000,000 in 

21 any one year, unless the congressional defense committees 

22 have been notified at least 30 days in advance of the pro23 posed contract award: Provided, That no part of any ap24 propriation contained in this Act shall be available to ini25 tiate a multiyear contract for which the economic order 


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1 quantity advance procurement is not funded at least to 

2 the limits of the Government’s liability: Provided further, 

3 That no part of any appropriation contained in this Act 

4 shall be available to initiate multiyear procurement con5 tracts for any systems or component thereof if the value 

6 of the multiyear contract would exceed $500,000,000 un7 less specifically provided in this Act: Provided further, 

8 That no multiyear procurement contract can be termi9 nated without 30-day prior notification to the congres10 sional defense committees: Provided further, That the exe11 cution of multiyear authority shall require the use of a 

12 present value analysis to determine lowest cost compared 

13 to an annual procurement: Provided further, That none of 

14 the funds provided in this Act may be used for a multiyear 

15 contract executed after the date of the enactment of this 

16 Act unless in the case of any such contract— 

17 (1) the Secretary of Defense has submitted to 

18 Congress a budget request for full funding of units 

19 to be procured through the contract and, in the case 

20 of a contract for procurement of aircraft, that in21 cludes, for any aircraft unit to be procured through 

22 the contract for which procurement funds are re23 quested in that budget request for production be24 yond advance procurement activities in the fiscal 


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1 year covered by the budget, full funding of procure2 ment of such unit in that fiscal year; 

3 (2) cancellation provisions in the contract do 

4 not include consideration of recurring manufacturing 

5 costs of the contractor associated with the produc6 tion of unfunded units to be delivered under the con7 tract; 

8 (3) the contract provides that payments to the 

9 contractor under the contract shall not be made in 

10 advance of incurred costs on funded units; and 

11 (4) the contract does not provide for a price ad12 justment based on a failure to award a follow-on 

13 contract. 

14 Funds appropriated in title III of this Act may be used 

15 for multiyear procurement contracts for up to 15 DDG– 

16 51 Arleigh Burke Class Guided Missile Destroyers. 

17 SEC. 8011. Within the funds appropriated for the op18 eration and maintenance of the Armed Forces, funds are 

19 hereby appropriated pursuant to section 401 of title 10, 

20 United States Code, for humanitarian and civic assistance 

21 costs under chapter 20 of title 10, United States Code: 

22 Provided, That such funds may also be obligated for hu23 manitarian and civic assistance costs incidental to author24 ized operations and pursuant to authority granted in sec25 tion 401 of title 10, United States Code, and these obligaVerDate Sep 11 2014 00:01 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S4663.IS S4663

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1 tions shall be reported as required by section 401(d) of 

2 title 10, United States Code: Provided further, That funds 

3 available for operation and maintenance shall be available 

4 for providing humanitarian and similar assistance by 

5 using Civic Action Teams in the Trust Territories of the 

6 Pacific Islands and freely associated states of Micronesia, 

7 pursuant to the Compact of Free Association as author8 ized by Public Law 99–239: Provided further, That upon 

9 a determination by the Secretary of the Army that such 

10 action is beneficial for graduate medical education pro11 grams conducted at Army medical facilities located in Ha12 waii, the Secretary of the Army may authorize the provi13 sion of medical services at such facilities and transpor14 tation to such facilities, on a nonreimbursable basis, for 

15 civilian patients from American Samoa, the Common16 wealth of the Northern Mariana Islands, the Marshall Is17 lands, the Federated States of Micronesia, Palau, and 

18 Guam. 

19 SEC. 8012. (a) During the current fiscal year, the 

20 civilian personnel of the Department of Defense may not 

21 be managed on the basis of any constraint or limitation 

22 in terms of man years, end strength, full-time equivalent 

23 positions, or maximum number of employees, but are to 

24 be managed solely on the basis of, and in a manner con25 sistent with— 


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1 (1) the total force management policies and 

2 procedures established under section 129a of title 

3 10, United States Code; 

4 (2) the workload required to carry out the func5 tions and activities of the Department; and 

6 (3) the funds made available to the Department 

7 for such fiscal year. 

8 (b) None of the funds appropriated by this Act may 

9 be used to reduce the civilian workforce programmed full 

10 time equivalent levels absent the appropriate analysis of 

11 the impact of these reductions on workload, military force 

12 structure, lethality, readiness, operational effectiveness, 

13 stress on the military force, and fully burdened costs. 

14 (c) A projection of the number of full-time equivalent 

15 positions shall not be considered a constraint or limitation 

16 for purposes of subsection (a) and reducing funding for 

17 under-execution of such a projection shall not be consid18 ered managing based on a constraint or limitation for pur19 poses of such subsection. 

20 (d) The fiscal year 2024 budget request for the De21 partment of Defense, and any justification material and 

22 other documentation supporting such a request, shall be 

23 prepared and submitted to Congress as if subsections (a) 

24 and (b) were effective with respect to such fiscal year. 


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1 (e) Nothing in this section shall be construed to apply 

2 to military (civilian) technicians. 

3 SEC. 8013. None of the funds made available by this 

4 Act shall be used in any way, directly or indirectly, to in5 fluence congressional action on any legislation or appro6 priation matters pending before the Congress. 

7 SEC. 8014. None of the funds available in this Act 

8 to the Department of Defense, other than appropriations 

9 made for necessary or routine refurbishments, upgrades, 

10 or maintenance activities, shall be used to reduce or to 

11 prepare to reduce the number of deployed and non-de12 ployed strategic delivery vehicles and launchers below the 

13 levels set forth in the report submitted to Congress in ac14 cordance with section 1042 of the National Defense Au15 thorization Act for Fiscal Year 2012. 

16 (TRANSFER OF FUNDS)

17 SEC. 8015. (a) Funds appropriated in title III of this 

18 Act for the Department of Defense Pilot Mentor-Prote ́ge ́

19 Program may be transferred to any other appropriation 

20 contained in this Act solely for the purpose of imple21 menting a Mentor-Prote ́ge ́ Program developmental assist22 ance agreement pursuant to section 831 of the National 

23 Defense Authorization Act for Fiscal Year 1991 (Public 

24 Law 101–510; 10 U.S.C. 2302 note), as amended, under 


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1 the authority of this provision or any other transfer au2 thority contained in this Act. 

3 (b) The Secretary of Defense shall include with the 

4 budget justification documents in support of the budget 

5 for fiscal year 2024 (as submitted to Congress pursuant 

6 to section 1105 of title 31, United States Code) a descrip7 tion of each transfer under this section that occurred dur8 ing the last fiscal year before the fiscal year in which such 

9 budget is submitted. 

10 SEC. 8016. None of the funds in this Act may be 

11 available for the purchase by the Department of Defense 

12 (and its departments and agencies) of welded shipboard 

13 anchor and mooring chain unless the anchor and mooring 

14 chain are manufactured in the United States from compo15 nents which are substantially manufactured in the United 

16 States: Provided, That for the purpose of this section, the 

17 term ‘‘manufactured’’ shall include cutting, heat treating, 

18 quality control, testing of chain and welding (including the 

19 forging and shot blasting process): Provided further, That 

20 for the purpose of this section substantially all of the com21 ponents of anchor and mooring chain shall be considered 

22 to be produced or manufactured in the United States if 

23 the aggregate cost of the components produced or manu24 factured in the United States exceeds the aggregate cost 

25 of the components produced or manufactured outside the 


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1 United States: Provided further, That when adequate do2 mestic supplies are not available to meet Department of 

3 Defense requirements on a timely basis, the Secretary of 

4 the Service responsible for the procurement may waive this 

5 restriction on a case-by-case basis by certifying in writing 

6 to the Committees on Appropriations of the House of Rep7 resentatives and the Senate that such an acquisition must 

8 be made in order to acquire capability for national security 

9 purposes. 

10 SEC. 8017. None of the funds appropriated by this 

11 Act shall be used for the support of any nonappropriated 

12 funds activity of the Department of Defense that procures 

13 malt beverages and wine with nonappropriated funds for 

14 resale (including such alcoholic beverages sold by the 

15 drink) on a military installation located in the United 

16 States unless such malt beverages and wine are procured 

17 within that State, or in the case of the District of Colum18 bia, within the District of Columbia, in which the military 

19 installation is located: Provided, That in a case in which 

20 the military installation is located in more than one State, 

21 purchases may be made in any State in which the installa22 tion is located: Provided further, That such local procure23 ment requirements for malt beverages and wine shall 

24 apply to all alcoholic beverages only for military installa25 tions in States which are not contiguous with another 


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1 State: Provided further, That alcoholic beverages other 

2 than wine and malt beverages, in contiguous States and 

3 the District of Columbia shall be procured from the most 

4 competitive source, price and other factors considered. 

5 SEC. 8018. None of the funds available to the De6 partment of Defense may be used to demilitarize or dis7 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

8 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

9 to demilitarize or destroy small arms ammunition or am10 munition components that are not otherwise prohibited 

11 from commercial sale under Federal law, unless the small 

12 arms ammunition or ammunition components are certified 

13 by the Secretary of the Army or designee as unserviceable 

14 or unsafe for further use. 

15 SEC. 8019. No more than $500,000 of the funds ap16 propriated or made available in this Act shall be used dur17 ing a single fiscal year for any single relocation of an orga18 nization, unit, activity or function of the Department of 

19 Defense into or within the National Capital Region: Pro20 vided, That the Secretary of Defense may waive this re21 striction on a case-by-case basis by certifying in writing 

22 to the congressional defense committees that such a relo23 cation is required in the best interest of the Government. 

24 SEC. 8020. Of the funds made available in this Act, 

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1 ments authorized by section 504 of the Indian Financing 

2 Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

3 contractor or a subcontractor at any tier that makes a 

4 subcontract award to any subcontractor or supplier as de5 fined in section 1544 of title 25, United States Code, or 

6 a small business owned and controlled by an individual 

7 or individuals defined under section 4221(9) of title 25, 

8 United States Code, shall be considered a contractor for 

9 the purposes of being allowed additional compensation 

10 under section 504 of the Indian Financing Act of 1974 

11 (25 U.S.C. 1544) whenever the prime contract or sub12 contract amount is over $500,000 and involves the ex13 penditure of funds appropriated by an Act making appro14 priations for the Department of Defense with respect to 

15 any fiscal year: Provided further, That notwithstanding 

16 section 1906 of title 41, United States Code, this section 

17 shall be applicable to any Department of Defense acquisi18 tion of supplies or services, including any contract and any 

19 subcontract at any tier for acquisition of commercial items 

20 produced or manufactured, in whole or in part, by any 

21 subcontractor or supplier defined in section 1544 of title 

22 25, United States Code, or a small business owned and 

23 controlled by an individual or individuals defined under 

24 section 4221(9) of title 25, United States Code. 


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1 SEC. 8021. (a) Notwithstanding any other provision 

2 of law, the Secretary of the Air Force may convey at no 

3 cost to the Air Force, without consideration, to Indian 

4 tribes located in the States of Nevada, Idaho, North Da5 kota, South Dakota, Montana, Oregon, Minnesota, and 

6 Washington relocatable military housing units located at 

7 Grand Forks Air Force Base, Malmstrom Air Force Base, 

8 Mountain Home Air Force Base, Ellsworth Air Force 

9 Base, and Minot Air Force Base that are excess to the 

10 needs of the Air Force. 

11 (b) The Secretary of the Air Force shall convey, at 

12 no cost to the Air Force, military housing units under sub13 section (a) in accordance with the request for such units 

14 that are submitted to the Secretary by the Operation 

15 Walking Shield Program on behalf of Indian tribes located 

16 in the States of Nevada, Idaho, North Dakota, South Da17 kota, Montana, Oregon, Minnesota, and Washington. Any 

18 such conveyance shall be subject to the condition that the 

19 housing units shall be removed within a reasonable period 

20 of time, as determined by the Secretary. 

21 (c) The Operation Walking Shield Program shall re22 solve any conflicts among requests of Indian tribes for 

23 housing units under subsection (a) before submitting re24 quests to the Secretary of the Air Force under subsection 

25 (b). 


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1 (d) In this section, the term ‘‘Indian tribe’’ means 

2 any recognized Indian tribe included on the current list 

3 published by the Secretary of the Interior under section 

4 104 of the Federally Recognized Indian Tribe Act of 1994 

5 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 

6 SEC. 8022. Of the funds appropriated to the Depart7 ment of Defense under the heading ‘‘Operation and Main8 tenance, Defense-Wide’’, not less than $12,000,000 may 

9 be made available only for the mitigation of environmental 

10 impacts, including training and technical assistance to 

11 tribes, related administrative support, the gathering of in12 formation, documenting of environmental damage, and de13 veloping a system for prioritization of mitigation and cost 

14 to complete estimates for mitigation, on Indian lands re15 sulting from Department of Defense activities. 

16 SEC. 8023. Funds appropriated by this Act for the 

17 Defense Media Activity shall not be used for any national 

18 or international political or psychological activities. 

19 SEC. 8024. Of the amounts appropriated for ‘‘Work20 ing Capital Fund, Army’’, $115,000,000 shall be available 

21 to maintain competitive rates at the arsenals. 

22 SEC. 8025. (a) Of the funds made available in this 

23 Act, not less than $64,800,000 shall be available for the 

24 Civil Air Patrol Corporation, of which— 


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1 (1) $51,300,000 shall be available from ‘‘Oper2 ation and Maintenance, Air Force’’ to support Civil 

3 Air Patrol Corporation operation and maintenance, 

4 readiness, counter-drug activities, and drug demand 

5 reduction activities involving youth programs; 

6 (2) $11,600,000 shall be available from ‘‘Air7 craft Procurement, Air Force’’; and 

8 (3) $1,900,000 shall be available from ‘‘Other 

9 Procurement, Air Force’’ for vehicle procurement. 

10 (b) The Secretary of the Air Force should waive reim11 bursement for any funds used by the Civil Air Patrol for 

12 counter-drug activities in support of Federal, State, and 

13 local government agencies. 

14 SEC. 8026. (a) None of the funds appropriated in this 

15 Act are available to establish a new Department of De16 fense (department) federally funded research and develop17 ment center (FFRDC), either as a new entity, or as a 

18 separate entity administrated by an organization man19 aging another FFRDC, or as a nonprofit membership cor20 poration consisting of a consortium of other FFRDCs and 

21 other nonprofit entities. 

22 (b) No member of a Board of Directors, Trustees, 

23 Overseers, Advisory Group, Special Issues Panel, Visiting 

24 Committee, or any similar entity of a defense FFRDC, 

25 and no paid consultant to any defense FFRDC, except 


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1 when acting in a technical advisory capacity, may be com2 pensated for his or her services as a member of such enti3 ty, or as a paid consultant by more than one FFRDC in 

4 a fiscal year: Provided, That a member of any such entity 

5 referred to previously in this subsection shall be allowed 

6 travel expenses and per diem as authorized under the Fed7 eral Joint Travel Regulations, when engaged in the per8 formance of membership duties. 

9 (c) Notwithstanding any other provision of law, none 

10 of the funds available to the department from any source 

11 during the current fiscal year may be used by a defense 

12 FFRDC, through a fee or other payment mechanism, for 

13 construction of new buildings not located on a military in14 stallation, for payment of cost sharing for projects funded 

15 by Government grants, for absorption of contract over16 runs, or for certain charitable contributions, not to include 

17 employee participation in community service and/or devel18 opment. 

19 (d) Notwithstanding any other provision of law, of 

20 the funds available to the department during fiscal year 

21 2023, not more than $2,601,510,000 may be funded for 

22 defense FFRDCs: Provided, That within such funds, no 

23 more than $482,989,836 shall be available for the defense 

24 studies and analysis FFRDCs: Provided further, That this 

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1 tional Intelligence Program and the Military Intelligence 

2 Program: Provided further, That the Secretary of Defense 

3 shall, with the submission of the department’s fiscal year 

4 2024 budget request, submit a report presenting the spe5 cific amounts of staff years of technical effort to be allo6 cated for each defense FFRDC by program during that 

7 fiscal year and the associated budget estimates, by appro8 priation account and program. 

9 (e) Notwithstanding any other provision of this Act, 

10 the total amount appropriated in this Act for FFRDCs 

11 is hereby reduced by $192,150,000: Provided, That this 

12 subsection shall not apply to appropriations for the Na13 tional Intelligence Program and Military Intelligence Pro14 gram. 

15 SEC. 8027. For the purposes of this Act, the term 

16 ‘‘congressional defense committees’’ means the Armed 

17 Services Committee of the House of Representatives, the 

18 Armed Services Committee of the Senate, the Sub19 committee on Defense of the Committee on Appropriations 

20 of the Senate, and the Subcommittee on Defense of the 

21 Committee on Appropriations of the House of Representa22 tives. 

23 SEC. 8028. For the purposes of this Act, the term 

24 ‘‘congressional intelligence committees’’ means the Perma25 nent Select Committee on Intelligence of the House of 


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1 Representatives, the Select Committee on Intelligence of 

2 the Senate, the Subcommittee on Defense of the Com3 mittee on Appropriations of the House of Representatives, 

4 and the Subcommittee on Defense of the Committee on 

5 Appropriations of the Senate. 

6 SEC. 8029. During the current fiscal year, the De7 partment of Defense may acquire the modification, depot 

8 maintenance and repair of aircraft, vehicles and vessels 

9 as well as the production of components and other De10 fense-related articles, through competition between De11 partment of Defense depot maintenance activities and pri12 vate firms: Provided, That the Senior Acquisition Execu13 tive of the military department or Defense Agency con14 cerned, with power of delegation, shall certify that success15 ful bids include comparable estimates of all direct and in16 direct costs for both public and private bids: Provided fur17 ther, That Office of Management and Budget Circular A– 

18 76 shall not apply to competitions conducted under this 

19 section. 

20 SEC. 8030. (a) None of the funds appropriated in this 

21 Act may be expended by an entity of the Department of 

22 Defense unless the entity, in expending the funds, com23 plies with the Buy American Act. For purposes of this 

24 subsection, the term ‘‘Buy American Act’’ means chapter 

25 83 of title 41, United States Code. 


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1 (b) If the Secretary of Defense determines that a per2 son has been convicted of intentionally affixing a label 

3 bearing a ‘‘Made in America’’ inscription to any product 

4 sold in or shipped to the United States that is not made 

5 in America, the Secretary shall determine, in accordance 

6 with section 2410f of title 10, United States Code, wheth7 er the person should be debarred from contracting with 

8 the Department of Defense. 

9 (c) In the case of any equipment or products pur10 chased with appropriations provided under this Act, it is 

11 the sense of the Congress that any entity of the Depart12 ment of Defense, in expending the appropriation, purchase 

13 only American-made equipment and products, provided 

14 that American-made equipment and products are cost15 competitive, quality competitive, and available in a timely 

16 fashion. 

17 SEC. 8031. None of the funds appropriated or made 

18 available in this Act shall be used to procure carbon, alloy, 

19 or armor steel plate for use in any Government-owned fa20 cility or property under the control of the Department of 

21 Defense which were not melted and rolled in the United 

22 States or Canada: Provided, That these procurement re23 strictions shall apply to any and all Federal Supply Class 

24 9515, American Society of Testing and Materials (ASTM) 

25 or American Iron and Steel Institute (AISI) specifications 


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1 of carbon, alloy or armor steel plate: Provided further, 

2 That the Secretary of the military department responsible 

3 for the procurement may waive this restriction on a case4 by-case basis by certifying in writing to the Committees 

5 on Appropriations of the House of Representatives and the 

6 Senate that adequate domestic supplies are not available 

7 to meet Department of Defense requirements on a timely 

8 basis and that such an acquisition must be made in order 

9 to acquire capability for national security purposes: Pro10 vided further, That these restrictions shall not apply to 

11 contracts which are in being as of the date of the enact12 ment of this Act. 

13 SEC. 8032. (a)(1) If the Secretary of Defense, after 

14 consultation with the United States Trade Representative, 

15 determines that a foreign country which is party to an 

16 agreement described in paragraph (2) has violated the 

17 terms of the agreement by discriminating against certain 

18 types of products produced in the United States that are 

19 covered by the agreement, the Secretary of Defense shall 

20 rescind the Secretary’s blanket waiver of the Buy Amer21 ican Act with respect to such types of products produced 

22 in that foreign country. 

23 (2) An agreement referred to in paragraph (1) is any 

24 reciprocal defense procurement memorandum of under25 standing, between the United States and a foreign country 


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1 pursuant to which the Secretary of Defense has prospec2 tively waived the Buy American Act for certain products 

3 in that country. 

4 (b) The Secretary of Defense shall submit to the Con5 gress a report on the amount of Department of Defense 

6 purchases from foreign entities in fiscal year 2023. Such 

7 report shall separately indicate the dollar value of items 

8 for which the Buy American Act was waived pursuant to 

9 any agreement described in subsection (a)(2), the Trade 

10 Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any 

11 international agreement to which the United States is a 

12 party. 

13 (c) For purposes of this section, the term ‘‘Buy 

14 American Act’’ means chapter 83 of title 41, United 

15 States Code. 

16 SEC. 8033. None of the funds appropriated by this 

17 Act may be used for the procurement of ball and roller 

18 bearings other than those produced by a domestic source 

19 and of domestic origin: Provided, That the Secretary of 

20 the military department responsible for such procurement 

21 may waive this restriction on a case-by-case basis by certi22 fying in writing to the Committees on Appropriations of 

23 the House of Representatives and the Senate, that ade24 quate domestic supplies are not available to meet Depart25 ment of Defense requirements on a timely basis and that 


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1 such an acquisition must be made in order to acquire ca2 pability for national security purposes: Provided further, 

3 That this restriction shall not apply to the purchase of 

4 ‘‘commercial products’’, as defined by section 103 of title 

5 41, United States Code, except that the restriction shall 

6 apply to ball or roller bearings purchased as end items. 

7 SEC. 8034. In addition to any other funds made 

8 available for such purposes, there is appropriated 

9 $93,500,000, for an additional amount for the ‘‘National 

10 Defense Stockpile Transaction Fund’’, to remain available 

11 until September 30, 2025, for activities pursuant to the 

12 Strategic and Critical Materials Stock Piling Act (50 

13 U.S.C. 98 et seq.): Provided, That none of the funds pro14 vided under this section may be obligated or expended 

15 until 90 days after the Secretary of Defense provides the 

16 Committees on Appropriations of the House of Represent17 atives and the Senate a detailed execution plan for such 

18 funds. 

19 SEC. 8035. None of the funds in this Act may be 

20 used to purchase any supercomputer which is not manu21 factured in the United States, unless the Secretary of De22 fense certifies to the congressional defense committees 

23 that such an acquisition must be made in order to acquire 

24 capability for national security purposes that is not avail25 able from United States manufacturers. 


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1 SEC. 8036. (a) The Secretary of Defense may, on a 

2 case-by-case basis, waive with respect to a foreign country 

3 each limitation on the procurement of defense items from 

4 foreign sources provided in law if the Secretary determines 

5 that the application of the limitation with respect to that 

6 country would invalidate cooperative programs entered 

7 into between the Department of Defense and the foreign 

8 country, or would invalidate reciprocal trade agreements 

9 for the procurement of defense items entered into under 

10 section 2531 of title 10, United States Code, and the 

11 country does not discriminate against the same or similar 

12 defense items produced in the United States for that coun13 try. 

14 (b) Subsection (a) applies with respect to— 

15 (1) contracts and subcontracts entered into on 

16 or after the date of the enactment of this Act; and 

17 (2) options for the procurement of items that 

18 are exercised after such date under contracts that 

19 are entered into before such date if the option prices 

20 are adjusted for any reason other than the applica21 tion of a waiver granted under subsection (a). 

22 (c) Subsection (a) does not apply to a limitation re23 garding construction of public vessels, ball and roller bear24 ings, food, and clothing or textile materials as defined by 

25 section XI (chapters 50–65) of the Harmonized Tariff 


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1 Schedule of the United States and products classified 

2 under headings 4010, 4202, 4203, 6401 through 6406, 

3 6505, 7019, 7218 through 7229, 7304.41 through 

4 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

5 8211, 8215, and 9404. 

6 SEC. 8037. None of the funds made available in this 

7 Act, or any subsequent Act making appropriations for the 

8 Department of Defense, may be used for the purchase or 

9 manufacture of a flag of the United States unless such 

10 flags are treated as covered items under section 2533a(b) 

11 of title 10, United States Code. 

12 SEC. 8038. During the current fiscal year, amounts 

13 contained in the Department of Defense Overseas Military 

14 Facility Investment Recovery Account shall be available 

15 until expended for the payments specified by section 

16 2687a(b)(2) of title 10, United States Code. 

17 SEC. 8039. During the current fiscal year, appropria18 tions which are available to the Department of Defense 

19 for operation and maintenance may be used to purchase 

20 items having an investment item unit cost of not more 

21 than $350,000: Provided, That upon determination by the 

22 Secretary of Defense that such action is necessary to meet 

23 the operational requirements of a Commander of a Com24 batant Command engaged in a named contingency oper25 ation overseas, such funds may be used to purchase items 


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1 having an investment item unit cost of not more than 

2 $500,000. 

3 SEC. 8040. Up to $13,720,000 of the funds appro4 priated under the heading ‘‘Operation and Maintenance, 

5 Navy’’ may be made available for the Asia Pacific Re6 gional Initiative Program for the purpose of enabling the 

7 United States Indo-Pacific Command to execute Theater 

8 Security Cooperation activities such as humanitarian as9 sistance, and payment of incremental and personnel costs 

10 of training and exercising with foreign security forces: 

11 Provided, That funds made available for this purpose may 

12 be used, notwithstanding any other funding authorities for 

13 humanitarian assistance, security assistance or combined 

14 exercise expenses: Provided further, That funds may not 

15 be obligated to provide assistance to any foreign country 

16 that is otherwise prohibited from receiving such type of 

17 assistance under any other provision of law. 

18 SEC. 8041. The Secretary of Defense shall issue reg19 ulations to prohibit the sale of any tobacco or tobacco20 related products in military resale outlets in the United 

21 States, its territories and possessions at a price below the 

22 most competitive price in the local community: Provided, 

23 That such regulations shall direct that the prices of to24 bacco or tobacco-related products in overseas military re25 tail outlets shall be within the range of prices established 


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1 for military retail system stores located in the United 

2 States. 

3 SEC. 8042. (a) During the current fiscal year, none 

4 of the appropriations or funds available to the Department 

5 of Defense Working Capital Funds shall be used for the 

6 purchase of an investment item for the purpose of acquir7 ing a new inventory item for sale or anticipated sale dur8 ing the current fiscal year or a subsequent fiscal year to 

9 customers of the Department of Defense Working Capital 

10 Funds if such an item would not have been chargeable 

11 to the Department of Defense Business Operations Fund 

12 during fiscal year 1994 and if the purchase of such an 

13 investment item would be chargeable during the current 

14 fiscal year to appropriations made to the Department of 

15 Defense for procurement. 

16 (b) The fiscal year 2024 budget request for the De17 partment of Defense as well as all justification material 

18 and other documentation supporting the fiscal year 2024 

19 Department of Defense budget shall be prepared and sub20 mitted to the Congress on the basis that any equipment 

21 which was classified as an end item and funded in a pro22 curement appropriation contained in this Act shall be 

23 budgeted for in a proposed fiscal year 2024 procurement 

24 appropriation and not in the supply management business 


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1 area or any other area or category of the Department of 

2 Defense Working Capital Funds. 

3 SEC. 8043. None of the funds appropriated by this 

4 Act for programs of the Central Intelligence Agency shall 

5 remain available for obligation beyond the current fiscal 

6 year, except for funds appropriated for the Reserve for 

7 Contingencies, which shall remain available until Sep8 tember 30, 2024: Provided, That funds appropriated, 

9 transferred, or otherwise credited to the Central Intel10 ligence Agency Central Services Working Capital Fund 

11 during this or any prior or subsequent fiscal year shall 

12 remain available until expended: Provided further, That 

13 any funds appropriated or transferred to the Central Intel14 ligence Agency for advanced research and development ac15 quisition, for agent operations, and for covert action pro16 grams authorized by the President under section 503 of 

17 the National Security Act of 1947 (50 U.S.C. 3093) shall 

18 remain available until September 30, 2024: Provided fur19 ther, That any funds appropriated or transferred to the 

20 Central Intelligence Agency for the construction, improve21 ment, or alteration of facilities, including leased facilities, 

22 to be used primarily by personnel of the intelligence com23 munity, shall remain available until September 30, 2025. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8044. In addition to amounts made available 

3 elsewhere in this Act, $200,000,000 is hereby appro4 priated to the Department of Defense and made available 

5 for transfer to the operation and maintenance accounts 

6 and research, development, test and evaluation accounts 

7 of the Army, Navy, Marine Corps, Air Force, and Space 

8 Force for purposes of improving tactical artificial intel9 ligence at the Combatant Commands: Provided, That none 

10 of the funds provided under this section may be obligated 

11 or expended until 90 days after the Secretary of Defense 

12 provides to the congressional defense committees an execu13 tion plan: Provided further, That not less than 30 days 

14 prior to any transfer of funds, the Secretary of Defense 

15 shall notify the congressional defense committees of the 

16 details of any such transfer: Provided further, That upon 

17 transfer, the funds shall be merged with and available for 

18 the same purposes, and for the same time period, as the 

19 appropriation to which transferred: Provided further, That 

20 the transfer authority provided under this section is in ad21 dition to any other transfer authority provided elsewhere 

22 in this Act. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8045. In addition to amounts made available 

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1 priated to the Department of Defense and made available 

2 for transfer to the operation and maintenance, procure3 ment, and research, development, test and evaluation ac4 counts of the Army, Navy, Marine Corps, Air Force, and 

5 Space Force for purposes of enhancing Department of De6 fense access to commercially innovative technologies: Pro7 vided, That none of the funds provided under this section 

8 may be obligated or expended until 90 days after the 

9 Under Secretary of Defense (Research and Engineering), 

10 in coordination with the Under Secretary of Defense 

11 (Comptroller), the Assistant Secretary of the Army (Ac12 quisition, Logistics and Technology), the Assistant Sec13 retary of the Navy (Research, Defense and Acquisition), 

14 the Assistant Secretary of the Air Force (Acquisition, 

15 Technology and Logistics), and the Assistant Secretary of 

16 the Air Force (Space Acquisition and Integration) pro17 vides to the congressional defense committees an execution 

18 plan: Provided further, That not less than 30 days prior 

19 to any transfer of funds, the Secretary of Defense shall 

20 notify the congressional defense committees of the details 

21 of any such transfer: Provided further, That upon transfer, 

22 the funds shall be merged with and available for the same 

23 purposes, and for the same time period, as the appropria24 tion to which transferred: Provided further, That the 

25 transfer authority provided under this section is in addiVerDate Sep 11 2014 00:01 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S4663.IS S4663

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1 tion to any other transfer authority provided elsewhere in 

2 this Act. 

3 SEC. 8046. (a) None of the funds appropriated by 

4 this Act shall be available to convert to contractor per5 formance an activity or function of the Department of De6 fense that, on or after the date of the enactment of this 

7 Act, is performed by Department of Defense civilian em8 ployees unless— 

9 (1) the conversion is based on the result of a public10 private competition that includes a most efficient and cost 

11 effective organization plan developed by such activity or 

12 function; 

13 (2) the Competitive Sourcing Official determines 

14 that, over all performance periods stated in the solicitation 

15 of offers for performance of the activity or function, the 

16 cost of performance of the activity or function by a con17 tractor would be less costly to the Department of Defense 

18 by an amount that equals or exceeds the lesser of— 

19 (A) 10 percent of the most efficient organiza20 tion’s personnel-related costs for performance of that 

21 activity or function by Federal employees; or 

22 (B) $10,000,000; and 

23 (3) the contractor does not receive an advantage for 

24 a proposal that would reduce costs for the Department 

25 of Defense by— 


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1 (A) not making an employer-sponsored health 

2 insurance plan available to the workers who are to 

3 be employed in the performance of that activity or 

4 function under the contract; or 

5 (B) offering to such workers an employer-spon6 sored health benefits plan that requires the employer 

7 to contribute less towards the premium or subscrip8 tion share than the amount that is paid by the De9 partment of Defense for health benefits for civilian 

10 employees under chapter 89 of title 5, United States 

11 Code. 

12 (b)(1) The Department of Defense, without regard 

13 to subsection (a) of this section or subsection (a), (b), or 

14 (c) of section 2461 of title 10, United States Code, and 

15 notwithstanding any administrative regulation, require16 ment, or policy to the contrary shall have full authority 

17 to enter into a contract for the performance of any com18 mercial or industrial type function of the Department of 

19 Defense that— 

20 (A) is included on the procurement list estab21 lished pursuant to section 2 of the Javits-Wagner22 O’Day Act (section 8503 of title 41, United States 

23 Code); 

24 (B) is planned to be converted to performance 

25 by a qualified nonprofit agency for the blind or by 


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1 a qualified nonprofit agency for other severely handi2 capped individuals in accordance with that Act; or 

3 (C) is planned to be converted to performance 

4 by a qualified firm under at least 51 percent owner5 ship by an Indian tribe, as defined in section 4(e) 

6 of the Indian Self-Determination and Education As7 sistance Act (25 U.S.C. 450b(e)), or a Native Ha8 waiian Organization, as defined in section 8(a)(15) 

9 of the Small Business Act (15 U.S.C. 637(a)(15)). 

10 (2) This section shall not apply to depot contracts 

11 or contracts for depot maintenance as provided in sections 

12 2469 and 2474 of title 10, United States Code. 

13 (c) The conversion of any activity or function of the 

14 Department of Defense under the authority provided by 

15 this section shall be credited toward any competitive or 

16 outsourcing goal, target, or measurement that may be es17 tablished by statute, regulation, or policy and is deemed 

18 to be awarded under the authority of, and in compliance 

19 with, subsection (h) of section 2304 of title 10, United 

20 States Code, for the competition or outsourcing of com21 mercial activities. 

22 (RESCISSIONS)

23 SEC. 8047. Of the funds appropriated in Department 

24 of Defense Appropriations Acts, the following funds are 

25 hereby rescinded from the following accounts and proVerDate Sep 11 2014 00:01 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S4663.IS S4663

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1 grams in the specified amounts: Provided, That no 

2 amounts may be rescinded from amounts that were des3 ignated by the Congress as an emergency requirement 

4 pursuant to a concurrent resolution on the budget or the 

5 Balanced Budget and Emergency Deficit Control Act of 

6 1985: 

7 ‘‘Aircraft Procurement, Air Force’’, 2021/2023, 

8 $213,716,000; 

9 ‘‘Operation and Maintenance, Defense-Wide’’, 

10 2022/2023, $65,000,000; 

11 ‘‘Aircraft Procurement, Navy’’, 2022/2024, 

12 $4,358,000; 

13 ‘‘Shipbuilding and Conversion, Navy: CVN Re14 fueling Overhauls (AP)’’, 2022/2026, $191,000,000; 

15 ‘‘Shipbuilding and Conversion, Navy: Service 

16 Craft’’, 2022/2026, $6,092,000; 

17 ‘‘Aircraft Procurement, Air Force’’, 2022/2024, 

18 $205,805,000; 

19 ‘‘Procurement, Space Force’’, 2022/2024, 

20 $7,000,000; and 

21 ‘‘Research, Development, Test and Evaluation, 

22 Space Force’’, 2022/2023, $139,400,000. 

23 SEC. 8048. None of the funds available in this Act 

24 may be used to reduce the authorized positions for mili25 tary technicians (dual status) of the Army National 


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1 Guard, Air National Guard, Army Reserve and Air Force 

2 Reserve for the purpose of applying any administratively 

3 imposed civilian personnel ceiling, freeze, or reduction on 

4 military technicians (dual status), unless such reductions 

5 are a direct result of a reduction in military force struc6 ture. 

7 SEC. 8049. None of the funds appropriated or other8 wise made available in this Act may be obligated or ex9 pended for assistance to the Democratic People’s Republic 

10 of Korea unless specifically appropriated for that purpose: 

11 Provided, That this restriction shall not apply to any ac12 tivities incidental to the Defense POW/MIA Accounting 

13 Agency mission to recover and identify the remains of 

14 United States Armed Forces personnel from the Demo15 cratic People’s Republic of Korea. 

16 SEC. 8050. In this fiscal year and each fiscal year 

17 thereafter, funds appropriated for operation and mainte18 nance of the Military Departments, Combatant Com19 mands and Defense Agencies shall be available for reim20 bursement of pay, allowances and other expenses which 

21 would otherwise be incurred against appropriations for the 

22 National Guard and Reserve when members of the Na23 tional Guard and Reserve provide intelligence or counter24 intelligence support to Combatant Commands, Defense 

25 Agencies and Joint Intelligence Activities, including the 


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1 activities and programs included within the National Intel2 ligence Program and the Military Intelligence Program: 

3 Provided, That nothing in this section authorizes deviation 

4 from established Reserve and National Guard personnel 

5 and training procedures. 

6 SEC. 8051. (a) None of the funds available to the 

7 Department of Defense for any fiscal year for drug inter8 diction or counter-drug activities may be transferred to 

9 any other department or agency of the United States ex10 cept as specifically provided in an appropriations law. 

11 (b) None of the funds available to the Central Intel12 ligence Agency for any fiscal year for drug interdiction or 

13 counter-drug activities may be transferred to any other de14 partment or agency of the United States except as specifi15 cally provided in an appropriations law. 

16 SEC. 8052. In addition to the amounts appropriated 

17 or otherwise made available elsewhere in this Act, 

18 $24,000,000 is hereby appropriated to the Department of 

19 Defense: Provided, That upon the determination of the 

20 Secretary of Defense that it shall serve the national inter21 est, the Secretary shall make grants in the amounts speci22 fied as follows: $24,000,000 to the United Service Organi23 zations. 

24 SEC. 8053. Notwithstanding any other provision in 

25 this Act, the Small Business Innovation Research program 


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1 and the Small Business Technology Transfer program set2 asides shall be taken proportionally from all programs, 

3 projects, or activities to the extent they contribute to the 

4 extramural budget. The Secretary of each military depart5 ment, the Director of each Defense Agency, and the head 

6 of each other relevant component of the Department of 

7 Defense shall submit to the congressional defense commit8 tees, concurrent with submission of the budget justifica9 tion documents to Congress pursuant to section 1105 of 

10 title 31, United States Code, a report with a detailed ac11 counting of the Small Business Innovation Research pro12 gram and the Small Business Technology Transfer pro13 gram set-asides taken from programs, projects, or activi14 ties within such department, agency, or component during 

15 the most recently completed fiscal year. 

16 SEC. 8054. None of the funds available to the De17 partment of Defense under this Act shall be obligated or 

18 expended to pay a contractor under a contract with the 

19 Department of Defense for costs of any amount paid by 

20 the contractor to an employee when— 

21 (1) such costs are for a bonus or otherwise in 

22 excess of the normal salary paid by the contractor 

23 to the employee; and 

24 (2) such bonus is part of restructuring costs as25 sociated with a business combination. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8055. During the current fiscal year, no more 

3 than $30,000,000 of appropriations made in this Act 

4 under the heading ‘‘Operation and Maintenance, Defense5 Wide’’ may be transferred to appropriations available for 

6 the pay of military personnel, to be merged with, and to 

7 be available for the same time period as the appropriations 

8 to which transferred, to be used in support of such per9 sonnel in connection with support and services for eligible 

10 organizations and activities outside the Department of De11 fense pursuant to section 2012 of title 10, United States 

12 Code. 

13 SEC. 8056. During the current fiscal year, in the case 

14 of an appropriation account of the Department of Defense 

15 for which the period of availability for obligation has ex16 pired or which has closed under the provisions of section 

17 1552 of title 31, United States Code, and which has a 

18 negative unliquidated or unexpended balance, an obliga19 tion or an adjustment of an obligation may be charged 

20 to any current appropriation account for the same purpose 

21 as the expired or closed account if— 

22 (1) the obligation would have been properly 

23 chargeable (except as to amount) to the expired or 

24 closed account before the end of the period of avail25 ability or closing of that account; 


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1 (2) the obligation is not otherwise properly 

2 chargeable to any current appropriation account of 

3 the Department of Defense; and 

4 (3) in the case of an expired account, the obli5 gation is not chargeable to a current appropriation 

6 of the Department of Defense under the provisions 

7 of section 1405(b)(8) of the National Defense Au8 thorization Act for Fiscal Year 1991, Public Law 

9 101–510, as amended (31 U.S.C. 1551 note): Pro10 vided, That in the case of an expired account, if sub11 sequent review or investigation discloses that there 

12 was not in fact a negative unliquidated or unex13 pended balance in the account, any charge to a cur14 rent account under the authority of this section shall 

15 be reversed and recorded against the expired ac16 count: Provided further, That the total amount 

17 charged to a current appropriation under this sec18 tion may not exceed an amount equal to 1 percent 

19 of the total appropriation for that account: 

20 Provided, That the Under Secretary of Defense (Comp21 troller) shall include with the budget of the President for 

22 fiscal year 2024 (as submitted to Congress pursuant to 

23 section 1105 of title 31, United States Code) a statement 

24 describing each instance if any, during each of the fiscal 


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1 years 2017 through 2023 in which the authority in this 

2 section was exercised. 

3 SEC. 8057. (a) Notwithstanding any other provision 

4 of law, the Chief of the National Guard Bureau may per5 mit the use of equipment of the National Guard Distance 

6 Learning Project by any person or entity on a space-avail7 able, reimbursable basis. The Chief of the National Guard 

8 Bureau shall establish the amount of reimbursement for 

9 such use on a case-by-case basis. 

10 (b) Amounts collected under subsection (a) shall be 

11 credited to funds available for the National Guard Dis12 tance Learning Project and be available to defray the costs 

13 associated with the use of equipment of the project under 

14 that subsection. Such funds shall be available for such 

15 purposes without fiscal year limitation. 

16 SEC. 8058. (a) None of the funds appropriated or 

17 otherwise made available by this or prior Acts may be obli18 gated or expended to retire, prepare to retire, or place in 

19 storage or on backup aircraft inventory status any C-40 

20 aircraft. 

21 (b) The limitation under subsection (a) shall not 

22 apply to an individual C-40 aircraft that the Secretary of 

23 the Air Force determines, on a case-by-case basis, to be 

24 no longer mission capable due to a Class A mishap. 


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1 (c) If the Secretary determines under subsection (b) 

2 that an aircraft is no longer mission capable, the Secretary 

3 shall submit to the congressional defense committees a 

4 certification in writing that the status of such aircraft is 

5 due to a Class A mishap and not due to lack of mainte6 nance, repairs, or other reasons. 

7 SEC. 8059. (a) None of the funds appropriated in 

8 title IV of this Act may be used to procure end-items for 

9 delivery to military forces for operational training, oper10 ational use, or inventory requirements: Provided, That this 

11 restriction does not apply to end-items used in develop12 ment, prototyping in accordance with an approved test 

13 strategy, and test activities preceding and leading to ac14 ceptance for operational use. 

15 (b) If the number of end-items budgeted with funds 

16 appropriated in title IV of this Act exceeds the number 

17 required in an approved test strategy, the Under Secretary 

18 of Defense (Research and Engineering) and the Under 

19 Secretary of Defense (Acquisition and Sustainment), in 

20 coordination with the responsible Service Acquisition Ex21 ecutive, shall certify in writing to the congressional de22 fense committees that there is a bonafide need for the ad23 ditional end-items at the time of submittal to Congress 

24 of the budget of the President for fiscal year 2024 pursu25 ant to section 1105 of title 31, United States Code: ProVerDate Sep 11 2014 00:01 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S4663.IS S4663

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1 vided, That this restriction does not apply to programs 

2 funded within the National Intelligence Program. 

3 (c) The Secretary of Defense shall, at the time of the 

4 submittal to Congress of the budget of the President for 

5 fiscal year 2024 pursuant to section 1105 of title 31, 

6 United States Code, submit to the congressional defense 

7 committees a report detailing the use of funds requested 

8 in research, development, test and evaluation accounts for 

9 end-items used in development, prototyping and test ac10 tivities preceding and leading to acceptance for operational 

11 use: Provided, That the report shall set forth, for each 

12 end item covered by the preceding proviso, a detailed list 

13 of the statutory authorities under which amounts in the 

14 accounts described in that proviso were used for such item: 

15 Provided further, That the Secretary of Defense shall, at 

16 the time of the submittal to Congress of the budget of 

17 the President for fiscal year 2024 pursuant to section 

18 1105 of title 31, United States Code, submit to the con19 gressional defense committees a certification that funds 

20 requested for fiscal year 2024 in research, development, 

21 test and evaluation accounts are in compliance with this 

22 section: Provided further, That the Secretary of Defense 

23 may waive this restriction on a case-by-case basis by certi24 fying in writing to the Committees on Appropriations of 


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1 the House of Representatives and the Senate that it is 

2 in the national security interest to do so. 

3 SEC. 8060. None of the funds appropriated or other4 wise made available by this or other Department of De5 fense Appropriations Acts may be obligated or expended 

6 for the purpose of performing repairs or maintenance to 

7 military family housing units of the Department of De8 fense, including areas in such military family housing 

9 units that may be used for the purpose of conducting offi10 cial Department of Defense business. 

11 SEC. 8061. Notwithstanding any other provision of 

12 law, funds appropriated in this Act under the heading 

13 ‘‘Research, Development, Test and Evaluation, Defense14 Wide’’ for any new start defense innovation acceleration 

15 or defense innovation acceleration prototyping demonstra16 tion project with a value of more than $5,000,000 may 

17 only be obligated 15 days after a report, including a de18 scription of the project, the planned acquisition and tran19 sition strategy and its estimated annual and total cost, 

20 has been provided in writing to the congressional defense 

21 committees: Provided, That the Secretary of Defense may 

22 waive this restriction on a case-by-case basis by certifying 

23 to the congressional defense committees that it is in the 

24 national interest to do so. 


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1 SEC. 8062. The Secretary of Defense shall continue 

2 to provide a classified quarterly report to the Committees 

3 on Appropriations of the House of Representatives and the 

4 Senate, Subcommittees on Defense on certain matters as 

5 directed in the classified annex accompanying this Act. 

6 SEC. 8063. Notwithstanding section 12310(b) of title 

7 10, United States Code, a Reserve who is a member of 

8 the National Guard serving on full-time National Guard 

9 duty under section 502(f) of title 32, United States Code, 

10 may perform duties in support of the ground-based ele11 ments of the National Ballistic Missile Defense System. 

12 SEC. 8064. None of the funds provided in this Act 

13 may be used to transfer to any nongovernmental entity 

14 ammunition held by the Department of Defense that has 

15 a center-fire cartridge and a United States military no16 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

17 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

18 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 

19 entity performing demilitarization services for the Depart20 ment of Defense under a contract that requires the entity 

21 to demonstrate to the satisfaction of the Department of 

22 Defense that armor piercing projectiles are either: (1) ren23 dered incapable of reuse by the demilitarization process; 

24 or (2) used to manufacture ammunition pursuant to a con25 tract with the Department of Defense or the manufacture 


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1 of ammunition for export pursuant to a License for Per2 manent Export of Unclassified Military Articles issued by 

3 the Department of State. 

4 SEC. 8065. Notwithstanding any other provision of 

5 law, the Chief of the National Guard Bureau, or his des6 ignee, may waive payment of all or part of the consider7 ation that otherwise would be required under section 2667 

8 of title 10, United States Code, in the case of a lease of 

9 personal property for a period not in excess of 1 year to 

10 any organization specified in section 508(d) of title 32, 

11 United States Code, or any other youth, social, or fra12 ternal nonprofit organization as may be approved by the 

13 Chief of the National Guard Bureau, or his designee, on 

14 a case-by-case basis. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8066. Of the amounts appropriated in this Act 

17 under the heading ‘‘Operation and Maintenance, Army’’, 

18 $158,967,374 shall remain available until expended: Pro19 vided, That, notwithstanding any other provision of law, 

20 the Secretary of Defense is authorized to transfer such 

21 funds to other activities of the Federal Government: Pro22 vided further, That the Secretary of Defense is authorized 

23 to enter into and carry out contracts for the acquisition 

24 of real property, construction, personal services, and oper25 ations related to projects carrying out the purposes of this 


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1 section: Provided further, That contracts entered into 

2 under the authority of this section may provide for such 

3 indemnification as the Secretary determines to be nec4 essary: Provided further, That projects authorized by this 

5 section shall comply with applicable Federal, State, and 

6 local law to the maximum extent consistent with the na7 tional security, as determined by the Secretary of Defense. 

8 SEC. 8067. (a) None of the funds appropriated in this 

9 or any other Act may be used to take any action to mod10 ify— 

11 (1) the appropriations account structure for the 

12 National Intelligence Program budget, including 

13 through the creation of a new appropriation or new 

14 appropriation account; 

15 (2) how the National Intelligence Program 

16 budget request is presented in the unclassified P–1, 

17 R–1, and O–1 documents supporting the Depart18 ment of Defense budget request; 

19 (3) the process by which the National Intel20 ligence Program appropriations are apportioned to 

21 the executing agencies; or 

22 (4) the process by which the National Intel23 ligence Program appropriations are allotted, obli24 gated and disbursed. 


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1 (b) Nothing in subsection (a) shall be construed to 

2 prohibit the merger of programs or changes to the Na3 tional Intelligence Program budget at or below the Ex4 penditure Center level, provided such change is otherwise 

5 in accordance with paragraphs (1)–(3) of subsection (a). 

6 (c) The Director of National Intelligence and the Sec7 retary of Defense may jointly, only for the purposes of 

8 achieving auditable financial statements and improving 

9 fiscal reporting, study and develop detailed proposals for 

10 alternative financial management processes. Such study 

11 shall include a comprehensive counterintelligence risk as12 sessment to ensure that none of the alternative processes 

13 will adversely affect counterintelligence. 

14 (d) Upon development of the detailed proposals de15 fined under subsection (c), the Director of National Intel16 ligence and the Secretary of Defense shall— 

17 (1) provide the proposed alternatives to all af18 fected agencies; 

19 (2) receive certification from all affected agen20 cies attesting that the proposed alternatives will help 

21 achieve auditability, improve fiscal reporting, and 

22 will not adversely affect counterintelligence; and 

23 (3) not later than 30 days after receiving all 

24 necessary certifications under paragraph (2), present 


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1 the proposed alternatives and certifications to the 

2 congressional defense and intelligence committees. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8068. In addition to amounts made available 

5 elsewhere in this Act, $500,000,000 is hereby appro6 priated to the Department of Defense and made available 

7 for transfer to operation and maintenance accounts, pro8 curement accounts, and research, development, test and 

9 evaluation accounts only for those efforts by the United 

10 States Africa Command or United States Southern Com11 mand to expand cooperation or improve the capabilities 

12 of our allies and partners in their areas of operation: Pro13 vided, That none of the funds provided under this section 

14 may be obligated or expended until 60 days after the Sec15 retary of Defense provides to the congressional defense 

16 committees an execution plan: Provided further, That not 

17 less than 30 days prior to any transfer of funds, the Sec18 retary of Defense shall notify the congressional defense 

19 committees of the details of any such transfer: Provided 

20 further, That upon transfer, the funds shall be merged 

21 with and available for the same purposes, and for the same 

22 time period, as the appropriation to which transferred: 

23 Provided further, That the transfer authority provided 

24 under this section is in addition to any other transfer au25 thority provided elsewhere in this Act. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8069. During the current fiscal year, not to ex3 ceed $11,000,000 from each of the appropriations made 

4 in title II of this Act for ‘‘Operation and Maintenance, 

5 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper6 ation and Maintenance, Air Force’’ may be transferred by 

7 the military department concerned to its central fund es8 tablished for Fisher Houses and Suites pursuant to sec9 tion 2493(d) of title 10, United States Code. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8070. Of the amounts appropriated for ‘‘Oper12 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

13 available for transfer to the John C. Stennis Center for 

14 Public Service Development Trust Fund established under 

15 section 116 of the John C. Stennis Center for Public Serv16 ice Training and Development Act (2 U.S.C. 1105). 

17 SEC. 8071. None of the funds available to the De18 partment of Defense may be obligated to modify command 

19 and control relationships to give Fleet Forces Command 

20 operational and administrative control of United States 

21 Navy forces assigned to the Pacific fleet: Provided, That 

22 the command and control relationships which existed on 

23 October 1, 2004, shall remain in force until a written 

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1 ate: Provided further, That the proposed modification may 

2 be implemented 30 days after the notification unless an 

3 objection is received from either the House or Senate Ap4 propriations Committees: Provided further, That any pro5 posed modification shall not preclude the ability of the 

6 commander of United States Indo-Pacific Command to 

7 meet operational requirements. 

8 SEC. 8072. Any notice that is required to be sub9 mitted to the Committees on Appropriations of the House 

10 of Representatives and the Senate under section 806(c)(4) 

11 of the Bob Stump National Defense Authorization Act for 

12 Fiscal Year 2003 (10 U.S.C. 2302 note), or a successor 

13 provision, after the date of the enactment of this Act shall 

14 be submitted pursuant to that requirement concurrently 

15 to the Subcommittees on Defense of the Committees on 

16 Appropriations of the House of Representatives and the 

17 Senate. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8073. Of the amounts appropriated in this Act 

20 under the headings ‘‘Procurement, Defense-Wide’’ and 

21 ‘‘Research, Development, Test and Evaluation, Defense22 Wide’’, $500,000,000 shall be for the Israeli Cooperative 

23 Programs: Provided, That of this amount, $80,000,000 

24 shall be for the Secretary of Defense to provide to the Gov25 ernment of Israel for the procurement of the Iron Dome 


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1 defense system to counter short-range rocket threats, sub2 ject to the U.S.-Israel Iron Dome Procurement Agree3 ment, as amended; $167,000,000 shall be for the Short 

4 Range Ballistic Missile Defense (SRBMD) program, in5 cluding cruise missile defense research and development 

6 under the SRBMD program, of which $40,000,000 shall 

7 be for co-production activities of SRBMD systems in the 

8 United States and in Israel to meet Israel’s defense re9 quirements consistent with each nation’s laws, regulations, 

10 and procedures, subject to the U.S.-Israeli co-production 

11 agreement for SRBMD, as amended; $80,000,000 shall 

12 be for an upper-tier component to the Israeli Missile De13 fense Architecture, of which $80,000,000 shall be for co14 production activities of Arrow 3 Upper Tier systems in 

15 the United States and in Israel to meet Israel’s defense 

16 requirements consistent with each nation’s laws, regula17 tions, and procedures, subject to the U.S.-Israeli co-pro18 duction agreement for Arrow 3 Upper Tier, as amended; 

19 and $173,000,000 shall be for the Arrow System Improve20 ment Program including development of a long range, 

21 ground and airborne, detection suite: Provided further, 

22 That the transfer authority provided under this provision 

23 is in addition to any other transfer authority contained 

24 in this Act. 


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1 SEC. 8074. Of the amounts appropriated in this Act 

2 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

3 $1,328,146,000 shall be available until September 30, 

4 2023, to fund prior year shipbuilding cost increases for 

5 the following programs: 

6 (1) Under the heading ‘‘Shipbuilding and Con7 version, Navy’’, 2013/2023: Carrier Replacement 

8 Program, $461,700,000; 

9 (2) Under the heading ‘‘Shipbuilding and Con10 version, Navy’’, 2015/2023: Virginia Class Sub11 marine Program, $46,060,000; 

12 (3) Under the heading ‘‘Shipbuilding and Con13 version, Navy’’, 2015/2023: DDG–51 Destroyer, 

14 $30,231,000; 

15 (4) Under the heading ‘‘Shipbuilding and Con16 version, Navy’’, 2015/2023: Littoral Combat Ship, 

17 $4,250,000; 

18 (5) Under the heading ‘‘Shipbuilding and Con19 version, Navy’’, 2016/2023: DDG–51 Destroyer, 

20 $24,238,000; 

21 (6) Under the heading ‘‘Shipbuilding and Con22 version, Navy’’, 2016/2023: Virginia Class Sub23 marine Program, $58,642,000; 


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1 (7) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2016/2023: TAO Fleet Oiler, 

3 $9,200,000; 

4 (8) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2016/2023: Littoral Combat Ship, 

6 $18,000,000; 

7 (9) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2016/2023: CVN Refueling Over9 hauls, $62,000,000; 

10 (10) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2016/2023: Towing, Salvage, and 

12 Rescue Ship Program, $11,250,000; 

13 (11) Under the heading ‘‘Shipbuilding and Con14 version, Navy’’, 2017/2023: DDG–51 Destroyer, 

15 $168,178,000; 

16 (12) Under the heading ‘‘Shipbuilding and Con17 version, Navy’’, 2017/2023: LPD–17, $17,739,000; 

18 (13) Under the heading ‘‘Shipbuilding and Con19 version, Navy’’, 2017/2023: LHA Replacement Pro20 gram, $19,300,000; 

21 (14) Under the heading ‘‘Shipbuilding and Con22 version, Navy’’, 2017/2023: Littoral Combat Ship, 

23 $29,030,000; 


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1 (15) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2018/2023: DDG–51 Destroyer, 

3 $5,930,000; 

4 (16) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2018/2023: Littoral Combat Ship, 

6 $9,538,000; 

7 (17) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2018/2023: TAO Fleet Oiler, 

9 $12,500,000; 

10 (18) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2018/2023: Towing, Salvage, and 

12 Rescue Ship Program, $6,750,000; 

13 (19) Under the heading ‘‘Shipbuilding and Con14 version, Navy’’, 2019/2023: Littoral Combat Ship, 

15 $6,983,000; 

16 (20) Under the heading ‘‘Shipbuilding and Con17 version, Navy’’, 2019/2023: TAO Fleet Oiler, 

18 $106,400,000; 

19 (21) Under the heading ‘‘Shipbuilding and Con20 version, Navy’’, 2019/2023: Towing, Salvage, and 

21 Rescue Ship Program, $4,500,000; 

22 (22) Under the heading ‘‘Shipbuilding and Con23 version, Navy’’, 2021/2023: Virginia Class Sub24 marine Program, $200,000,000; and 


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1 (23) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2021/2023: Towing, Salvage, and 

3 Rescue Ship Program, $15,727,000. 

4 SEC. 8075. Funds appropriated by this Act, or made 

5 available by the transfer of funds in this Act, for intel6 ligence activities are deemed to be specifically authorized 

7 by the Congress for purposes of section 504 of the Na8 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

9 year 2023 until the enactment of the Intelligence Author10 ization Act for Fiscal Year 2023. 

11 SEC. 8076. None of the funds provided in this Act 

12 shall be available for obligation or expenditure through a 

13 reprogramming of funds that creates or initiates a new 

14 program, project, or activity unless such program, project, 

15 or activity must be undertaken immediately in the interest 

16 of national security and only after written prior notifica17 tion to the congressional defense committees. 

18 SEC. 8077. The budget of the President for fiscal 

19 year 2024 submitted to the Congress pursuant to section 

20 1105 of title 31, United States Code, shall include budget 

21 justification for costs of United States Armed Forces’ par22 ticipation in contingency operations for the Military Per23 sonnel accounts, the Operation and Maintenance accounts, 

24 the Procurement accounts, and the Research, Develop25 ment, Test and Evaluation accounts: Provided, That the 


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1 justification shall include a description of the funding re2 quested for each contingency operation, for each military 

3 service, to include all Active and Reserve components, and 

4 for each appropriations account: Provided further, That 

5 the justification shall include estimated costs for each ele6 ment of expense or object class, a reconciliation of in7 creases and decreases for each contingency operation, and 

8 programmatic data including, but not limited to, troop 

9 strength for each Active and Reserve component, and esti10 mates of the major weapons systems deployed in support 

11 of each contingency: Provided further, That the justifica12 tion shall be included within the baseline OP–5 and OP– 

13 32 budget exhibits (as defined in the Department of De14 fense Financial Management Regulation) for all contin15 gency operations for the budget year and the two pre16 ceding fiscal years. 

17 SEC. 8078. None of the funds in this Act may be 

18 used for research, development, test, evaluation, procure19 ment or deployment of nuclear armed interceptors of a 

20 missile defense system. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8079. In addition to amounts appropriated in 

23 title II or otherwise made available elsewhere in this Act, 

24 $3,000,000,000 is hereby appropriated to the Department 

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1 ation and maintenance accounts of the Army, Navy, Ma2 rine Corps, Air Force, and Space Force (including Na3 tional Guard and Reserve) for purposes of improving mili4 tary readiness: Provided, That the transfer authority pro5 vided under this section is in addition to any other trans6 fer authority provided elsewhere in this Act: Provided fur7 ther, That none of the funds provided under this section 

8 may be obligated or expended until 30 days after the Sec9 retary of Defense provides the Committees on Appropria10 tions of the House of Representatives and the Senate a 

11 detailed execution plan for such funds. 

12 SEC. 8080. None of the funds appropriated or made 

13 available in this Act shall be used to reduce or disestablish 

14 the operation of the 53rd Weather Reconnaissance Squad15 ron of the Air Force Reserve, if such action would reduce 

16 the WC–130 Weather Reconnaissance mission below the 

17 levels funded in this Act: Provided, That the Air Force 

18 shall allow the 53rd Weather Reconnaissance Squadron to 

19 perform other missions in support of national defense re20 quirements during the non-hurricane season. 

21 SEC. 8081. None of the funds provided in this Act 

22 shall be available for integration of foreign intelligence in23 formation unless the information has been lawfully col24 lected and processed during the conduct of authorized for25 eign intelligence activities: Provided, That information 


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1 pertaining to United States persons shall only be handled 

2 in accordance with protections provided in the Fourth 

3 Amendment of the United States Constitution as imple4 mented through Executive Order No. 12333. 

5 SEC. 8082. (a) None of the funds appropriated by 

6 this Act may be used to transfer research and develop7 ment, acquisition, or other program authority relating to 

8 current tactical unmanned aerial vehicles (TUAVs) from 

9 the Army. 

10 (b) The Army shall retain responsibility for and oper11 ational control of the MQ–1C Gray Eagle Unmanned Aer12 ial Vehicle (UAV) in order to support the Secretary of De13 fense in matters relating to the employment of unmanned 

14 aerial vehicles. 

15 SEC. 8083. None of the funds appropriated by this 

16 Act for programs of the Office of the Director of National 

17 Intelligence shall remain available for obligation beyond 

18 the current fiscal year, except for funds appropriated for 

19 research and technology, which shall remain available until 

20 September 30, 2024, and except for funds appropriated 

21 for the purchase of real property, which shall remain avail22 able until September 30, 2025. 

23 SEC. 8084. For purposes of section 1553(b) of title 

24 31, United States Code, any subdivision of appropriations 

25 made in this Act under the heading ‘‘Shipbuilding and 


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1 Conversion, Navy’’ shall be considered to be for the same 

2 purpose as any subdivision under the heading ‘‘Ship3 building and Conversion, Navy’’ appropriations in any 

4 prior fiscal year, and the 1 percent limitation shall apply 

5 to the total amount of the appropriation. 

6 SEC. 8085. (a) Not later than 60 days after the date 

7 of enactment of this Act, the Director of National Intel8 ligence shall submit a report to the congressional intel9 ligence committees to establish the baseline for application 

10 of reprogramming and transfer authorities for fiscal year 

11 2023: Provided, That the report shall include— 

12 (1) a table for each appropriation with a sepa13 rate column to display the President’s budget re14 quest, adjustments made by Congress, adjustments 

15 due to enacted rescissions, if appropriate, and the 

16 fiscal year enacted level; 

17 (2) a delineation in the table for each appro18 priation by Expenditure Center and project; and 

19 (3) an identification of items of special congres20 sional interest. 

21 (b) None of the funds provided for the National Intel22 ligence Program in this Act shall be available for re23 programming or transfer until the report identified in sub24 section (a) is submitted to the congressional intelligence 

25 committees, unless the Director of National Intelligence 


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1 certifies in writing to the congressional intelligence com2 mittees that such reprogramming or transfer is necessary 

3 as an emergency requirement. 

4 SEC. 8086. Any transfer of amounts appropriated to 

5 the Department of Defense Acquisition Workforce Devel6 opment Account in or for fiscal year 2023 to a military 

7 department or Defense Agency pursuant to section 

8 1705(e)(1) of title 10, United States Code, shall be cov9 ered by and subject to section 8005 of this Act. 

10 SEC. 8087. (a) None of the funds provided for the 

11 National Intelligence Program in this or any prior appro12 priations Act shall be available for obligation or expendi13 ture through a reprogramming or transfer of funds in ac14 cordance with section 102A(d) of the National Security 

15 Act of 1947 (50 U.S.C. 3024(d)) that— 

16 (1) creates a new start effort; 

17 (2) terminates a program with appropriated 

18 funding of $10,000,000 or more; 

19 (3) transfers funding into or out of the Na20 tional Intelligence Program; or 

21 (4) transfers funding between appropriations, 

22 unless the congressional intelligence committees are 

23 notified 30 days in advance of such reprogramming 

24 of funds; this notification period may be reduced for 

25 urgent national security requirements. 


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1 (b) None of the funds provided for the National Intel2 ligence Program in this or any prior appropriations Act 

3 shall be available for obligation or expenditure through a 

4 reprogramming or transfer of funds in accordance with 

5 section 102A(d) of the National Security Act of 1947 (50 

6 U.S.C. 3024(d)) that results in a cumulative increase or 

7 decrease of the levels specified in the classified annex ac8 companying the Act unless the congressional intelligence 

9 committees are notified 30 days in advance of such re10 programming of funds; this notification period may be re11 duced for urgent national security requirements. 

12 SEC. 8088. (a) Any agency receiving funds made 

13 available in this Act, shall, subject to subsections (b) and 

14 (c), post on the public Web site of that agency any report 

15 required to be submitted by the Congress in this or any 

16 other Act, upon the determination by the head of the agen17 cy that it shall serve the national interest. 

18 (b) Subsection (a) shall not apply to a report if— 

19 (1) the public posting of the report com20 promises national security; or 

21 (2) the report contains proprietary information. 

22 (c) The head of the agency posting such report shall 

23 do so only after such report has been made available to 

24 the requesting Committee or Committees of Congress for 

25 no less than 45 days. 


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1 SEC. 8089. (a) None of the funds appropriated or 

2 otherwise made available by this Act may be expended for 

3 any Federal contract for an amount in excess of 

4 $1,000,000, unless the contractor agrees not to— 

5 (1) enter into any agreement with any of its 

6 employees or independent contractors that requires, 

7 as a condition of employment, that the employee or 

8 independent contractor agree to resolve through ar9 bitration any claim under title VII of the Civil 

10 Rights Act of 1964 or any tort related to or arising 

11 out of sexual assault or harassment, including as12 sault and battery, intentional infliction of emotional 

13 distress, false imprisonment, or negligent hiring, su14 pervision, or retention; or 

15 (2) take any action to enforce any provision of 

16 an existing agreement with an employee or inde17 pendent contractor that mandates that the employee 

18 or independent contractor resolve through arbitra19 tion any claim under title VII of the Civil Rights Act 

20 of 1964 or any tort related to or arising out of sex21 ual assault or harassment, including assault and 

22 battery, intentional infliction of emotional distress, 

23 false imprisonment, or negligent hiring, supervision, 

24 or retention. 


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1 (b) None of the funds appropriated or otherwise 

2 made available by this Act may be expended for any Fed3 eral contract unless the contractor certifies that it requires 

4 each covered subcontractor to agree not to enter into, and 

5 not to take any action to enforce any provision of, any 

6 agreement as described in paragraphs (1) and (2) of sub7 section (a), with respect to any employee or independent 

8 contractor performing work related to such subcontract. 

9 For purposes of this subsection, a ‘‘covered subcon10 tractor’’ is an entity that has a subcontract in excess of 

11 $1,000,000 on a contract subject to subsection (a). 

12 (c) The prohibitions in this section do not apply with 

13 respect to a contractor’s or subcontractor’s agreements 

14 with employees or independent contractors that may not 

15 be enforced in a court of the United States. 

16 (d) The Secretary of Defense may waive the applica17 tion of subsection (a) or (b) to a particular contractor or 

18 subcontractor for the purposes of a particular contract or 

19 subcontract if the Secretary or the Deputy Secretary per20 sonally determines that the waiver is necessary to avoid 

21 harm to national security interests of the United States, 

22 and that the term of the contract or subcontract is not 

23 longer than necessary to avoid such harm. The determina24 tion shall set forth with specificity the grounds for the 

25 waiver and for the contract or subcontract term selected, 


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1 and shall state any alternatives considered in lieu of a 

2 waiver and the reasons each such alternative would not 

3 avoid harm to national security interests of the United 

4 States. The Secretary of Defense shall transmit to Con5 gress, and simultaneously make public, any determination 

6 under this subsection not less than 15 business days be7 fore the contract or subcontract addressed in the deter8 mination may be awarded. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8090. From within the funds appropriated for 

11 operation and maintenance for the Defense Health Pro12 gram in this Act, up to $168,000,000, shall be available 

13 for transfer to the Joint Department of Defense-Depart14 ment of Veterans Affairs Medical Facility Demonstration 

15 Fund in accordance with the provisions of section 1704 

16 of the National Defense Authorization Act for Fiscal Year 

17 2010, Public Law 111–84: Provided, That for purposes 

18 of section 1704(b), the facility operations funded are oper19 ations of the integrated Captain James A. Lovell Federal 

20 Health Care Center, consisting of the North Chicago Vet21 erans Affairs Medical Center, the Navy Ambulatory Care 

22 Center, and supporting facilities designated as a combined 

23 Federal medical facility as described by section 706 of 

24 Public Law 110–417: Provided further, That additional 

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1 eration and maintenance for the Defense Health Program 

2 to the Joint Department of Defense-Department of Vet3 erans Affairs Medical Facility Demonstration Fund upon 

4 written notification by the Secretary of Defense to the 

5 Committees on Appropriations of the House of Represent6 atives and the Senate. 

7 SEC. 8091. None of the funds appropriated or other8 wise made available by this Act may be used by the De9 partment of Defense or a component thereof in contraven10 tion of the provisions of section 130h of title 10, United 

11 States Code. 

12 SEC. 8092. Appropriations available to the Depart13 ment of Defense may be used for the purchase of heavy 

14 and light armored vehicles for the physical security of per15 sonnel or for force protection purposes up to a limit of 

16 $450,000 per vehicle, notwithstanding price or other limi17 tations applicable to the purchase of passenger carrying 

18 vehicles. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8093. Upon a determination by the Director of 

21 National Intelligence that such action is necessary and in 

22 the national interest, the Director may, with the approval 

23 of the Office of Management and Budget, transfer not to 

24 exceed $1,500,000,000 of the funds made available in this 

25 Act for the National Intelligence Program: Provided, That 


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1 such authority to transfer may not be used unless for 

2 higher priority items, based on unforeseen intelligence re3 quirements, than those for which originally appropriated 

4 and in no case where the item for which funds are re5 quested has been denied by the Congress: Provided further, 

6 That a request for multiple reprogrammings of funds 

7 using authority provided in this section shall be made 

8 prior to June 30, 2023. 

9 SEC. 8094. Of the amounts appropriated in this Act 

10 for ‘‘Shipbuilding and Conversion, Navy’’, $133,000,000, 

11 to remain available for obligation until September 30, 

12 2027, may be used for the purchase of two used sealift 

13 vessels for the National Defense Reserve Fleet, established 

14 under section 11 of the Merchant Ship Sales Act of 1946 

15 (46 U.S.C. 57100): Provided, That such amounts are 

16 available for reimbursements to the Ready Reserve Force, 

17 Maritime Administration account of the United States De18 partment of Transportation for programs, projects, activi19 ties, and expenses related to the National Defense Reserve 

20 Fleet: Provided further, That notwithstanding section 

21 2218 of title 10, United States Code, none of these funds 

22 shall be transferred to the National Defense Sealift Fund 

23 for execution. 

24 SEC. 8095. The Secretary of Defense shall post grant 

25 awards on a public Website in a searchable format. 


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1 SEC. 8096. None of the funds made available by this 

2 Act may be used by the National Security Agency to— 

3 (1) conduct an acquisition pursuant to section 

4 702 of the Foreign Intelligence Surveillance Act of 

5 1978 for the purpose of targeting a United States 

6 person; or 

7 (2) acquire, monitor, or store the contents (as 

8 such term is defined in section 2510(8) of title 18, 

9 United States Code) of any electronic communica10 tion of a United States person from a provider of 

11 electronic communication services to the public pur12 suant to section 501 of the Foreign Intelligence Sur13 veillance Act of 1978. 

14 SEC. 8097. None of the funds made available in this 

15 or any other Act may be used to pay the salary of any 

16 officer or employee of any agency funded by this Act who 

17 approves or implements the transfer of administrative re18 sponsibilities or budgetary resources of any program, 

19 project, or activity financed by this Act to the jurisdiction 

20 of another Federal agency not financed by this Act with21 out the express authorization of Congress: Provided, That 

22 this limitation shall not apply to transfers of funds ex23 pressly provided for in Defense Appropriations Acts, or 

24 provisions of Acts providing supplemental appropriations 

25 for the Department of Defense. 


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1 SEC. 8098. Of the amounts appropriated in this Act 

2 for ‘‘Operation and Maintenance, Navy’’, $589,325,000, 

3 to remain available until expended, may be used for any 

4 purposes related to the National Defense Reserve Fleet 

5 established under section 11 of the Merchant Ship Sales 

6 Act of 1946 (46 U.S.C. 57100): Provided, That such 

7 amounts are available for reimbursements to the Ready 

8 Reserve Force, Maritime Administration account of the 

9 United States Department of Transportation for pro10 grams, projects, activities, and expenses related to the Na11 tional Defense Reserve Fleet. 

12 SEC. 8099. None of the funds made available in this 

13 Act may be obligated for activities authorized under sec14 tion 1208 of the Ronald W. Reagan National Defense Au15 thorization Act for Fiscal Year 2005 (Public Law 112– 

16 81; 125 Stat. 1621) to initiate support for, or expand sup17 port to, foreign forces, irregular forces, groups, or individ18 uals unless the congressional defense committees are noti19 fied in accordance with the direction contained in the clas20 sified annex accompanying this Act, not less than 15 days 

21 before initiating such support: Provided, That none of the 

22 funds made available in this Act may be used under sec23 tion 1208 for any activity that is not in support of an 

24 ongoing military operation being conducted by United 

25 States Special Operations Forces to combat terrorism: 


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1 Provided further, That the Secretary of Defense may waive 

2 the prohibitions in this section if the Secretary determines 

3 that such waiver is required by extraordinary cir4 cumstances and, by not later than 72 hours after making 

5 such waiver, notifies the congressional defense committees 

6 of such waiver. 

7 SEC. 8100. (a) None of the funds provided in this 

8 Act for the TAO Fleet Oiler program shall be used to 

9 award a new contract that provides for the acquisition of 

10 the following components unless those components are 

11 manufactured in the United States: Auxiliary equipment 

12 (including pumps) for shipboard services; propulsion 

13 equipment (including engines, reduction gears, and propel14 lers); shipboard cranes; spreaders for shipboard cranes; 

15 and anchor chains, specifically for the seventh and subse16 quent ships of the fleet. 

17 (b) None of the funds provided in this Act for the 

18 FFG(X) Frigate program shall be used to award a new 

19 contract that provides for the acquisition of the following 

20 components unless those components are manufactured in 

21 the United States: Air circuit breakers; gyrocompasses; 

22 electronic navigation chart systems; steering controls; 

23 pumps; propulsion and machinery control systems; totally 

24 enclosed lifeboats; auxiliary equipment pumps; shipboard 

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1 pellers: Provided, That the Secretary of the Navy shall in2 corporate United States manufactured propulsion engines 

3 and propulsion reduction gears into the FFG(X) Frigate 

4 program beginning not later than with the eleventh ship 

5 of the program. 

6 SEC. 8101. None of the funds provided in this Act 

7 for requirements development, performance specification 

8 development, concept design and development, ship con9 figuration development, systems engineering, naval archi10 tecture, marine engineering, operations research analysis, 

11 industry studies, preliminary design, development of the 

12 Detailed Design and Construction Request for Proposals 

13 solicitation package, or related activities for the T– 

14 ARC(X) Cable Laying and Repair Ship or the T– 

15 AGOS(X) Oceanographic Surveillance Ship may be used 

16 to award a new contract for such activities unless these 

17 contracts include specifications that all auxiliary equip18 ment, including pumps and propulsion shafts, are manu19 factured in the United States. 

20 SEC. 8102. No amounts credited or otherwise made 

21 available in this or any other Act to the Department of 

22 Defense Acquisition Workforce Development Account may 

23 be transferred to: 

24 (1) the Rapid Prototyping Fund established 

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1 thorization Act for Fiscal Year 2016 (10 U.S.C. 

2 2302 note); or 

3 (2) credited to a military-department specific 

4 fund established under section 804(d)(2) of the Na5 tional Defense Authorization Act for Fiscal Year 

6 2016 (as amended by section 897 of the National 

7 Defense Authorization Act for Fiscal Year 2017). 

8 SEC. 8103. From funds made available in title II of 

9 this Act, the Secretary of Defense may purchase for use 

10 by military and civilian employees of the Department of 

11 Defense in the United States Central Command area of 

12 responsibility: (1) passenger motor vehicles up to a limit 

13 of $75,000 per vehicle; and (2) heavy and light armored 

14 vehicles for the physical security of personnel or for force 

15 protection purposes up to a limit of $450,000 per vehicle, 

16 notwithstanding price or other limitations applicable to the 

17 purchase of passenger carrying vehicles. 

18 SEC. 8104. (a) None of the funds made available in 

19 this Act may be used to maintain or establish a computer 

20 network unless such network is designed to block access 

21 to pornography websites. 

22 (b) Nothing in subsection (a) shall limit the use of 

23 funds necessary for any Federal, State, tribal, or local law 

24 enforcement agency or any other entity carrying out crimi25 nal investigations, prosecution, or adjudication activities, 


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1 or for any activity necessary for the national defense, in2 cluding intelligence activities. 

3 SEC. 8105. None of the funds provided for, or other4 wise made available, in this or any other Act, may be obli5 gated or expended by the Secretary of Defense to provide 

6 motorized vehicles, aviation platforms, munitions other 

7 than small arms and munitions appropriate for customary 

8 ceremonial honors, operational military units, or oper9 ational military platforms if the Secretary determines that 

10 providing such units, platforms, or equipment would un11 dermine the readiness of such units, platforms, or equip12 ment. 

13 SEC. 8106. (a) None of the funds made available by 

14 this or any other Act may be used to enter into a contract, 

15 memorandum of understanding, or cooperative agreement 

16 with, make a grant to, or provide a loan or loan guarantee 

17 to any corporation that has any unpaid Federal tax liabil18 ity that has been assessed, for which all judicial and ad19 ministrative remedies have been exhausted or have lapsed, 

20 and that is not being paid in a timely manner pursuant 

21 to an agreement with the authority responsible for col22 lecting such tax liability, provided that the applicable Fed23 eral agency is aware of the unpaid Federal tax liability. 

24 (b) Subsection (a) shall not apply if the applicable 

25 Federal agency has considered suspension or debarment 


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1 of the corporation described in such subsection and has 

2 made a determination that such suspension or debarment 

3 is not necessary to protect the interests of the Federal 

4 Government. 

5 SEC. 8107. (a) Amounts appropriated under title IV 

6 of this Act, as detailed in budget activity eight of the ta7 bles of ‘‘Committee Recommended Adjustments’’ in the 

8 explanatory statement regarding this Act, may be used for 

9 expenses for the agile research, development, test and 

10 evaluation, procurement, production, modification, and op11 eration and maintenance, only for the following Software 

12 and Digital Technology Pilot programs— 

13 (1) Defensive CYBER—Software Prototype 

14 Development (PE 0608041A); 

15 (2) Risk Management Information (PE 

16 0608013N); 

17 (3) Maritime Tactical Command Control (PE 

18 0608231N); 

19 (4) Space Command & Control—Software Pilot 

20 Program (PE 1208248SF); 

21 (5) National Background Investigation Services 

22 (PE 0608197V); 

23 (6) Global Command and Control System-Joint 

24 (PE 0303150K); and 

25 (7) Acquisition Visibility (PE 0608648D8Z). 


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1 (b) None of the funds appropriated by this or prior 

2 Department of Defense Appropriations Acts may be obli3 gated or expended to initiate additional Software and Dig4 ital Technology Pilot Programs in fiscal year 2023. 

5 SEC. 8108. Supervision and administration costs and 

6 costs for design during construction associated with a con7 struction project funded with appropriations available for 

8 operation and maintenance, or the ‘‘Counter-ISIS Train 

9 and Equip Fund’’ provided in this Act and executed in 

10 direct support of military and stability operations to 

11 counter the Islamic State of Iraq and Syria, may be obli12 gated at the time a construction contract is awarded: Pro13 vided, That, for the purpose of this section, supervision 

14 and administration costs and costs for design during con15 struction include all in-house Government costs. 

16 SEC. 8109. None of the funds made available in this 

17 Act may be used in contravention of the following laws 

18 enacted or regulations promulgated to implement the 

19 United Nations Convention Against Torture and Other 

20 Cruel, Inhuman or Degrading Treatment or Punishment 

21 (done at New York on December 10, 1984): 

22 (1) Section 2340A of title 18, United States 

23 Code. 

24 (2) Section 2242 of the Foreign Affairs Reform 

25 and Restructuring Act of 1998 (division G of Public 


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1 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

2 note) and regulations prescribed thereto, including 

3 regulations under part 208 of title 8, Code of Fed4 eral Regulations, and part 95 of title 22, Code of 

5 Federal Regulations. 

6 (3) Sections 1002 and 1003 of the Department 

7 of Defense, Emergency Supplemental Appropriations 

8 to Address Hurricanes in the Gulf of Mexico, and 

9 Pandemic Influenza Act, 2006 (Public Law 109– 

10 148). 

11 SEC. 8110. Of the amounts appropriated in this Act 

12 under the heading ‘‘Operation and Maintenance, Defense13 Wide’’, for the Defense Security Cooperation Agency, 

14 $300,000,000, to remain available until September 30, 

15 2024, shall be for the Ukraine Security Assistance Initia16 tive: Provided, That such funds shall be available to the 

17 Secretary of Defense, with the concurrence of the Sec18 retary of State, to provide assistance, including training; 

19 equipment; lethal assistance; logistics support, supplies 

20 and services; salaries and stipends; sustainment; and intel21 ligence support to the military and national security forces 

22 of Ukraine, and to other forces or groups recognized by 

23 and under the authority of the Government of Ukraine, 

24 including governmental entities within Ukraine, engaged 

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1 placement of any weapons or articles provided to the Gov2 ernment of Ukraine from the inventory of the United 

3 States, and to recover or dispose of equipment procured 

4 using funds made available in this section in this or prior 

5 Acts: Provided further, That the Secretary of Defense 

6 shall, not less than 15 days prior to obligating funds made 

7 available in this section (or if the Secretary of Defense 

8 determines, on a case-by-case basis, that extraordinary cir9 cumstances exist that impact the national security of the 

10 United States, as far in advance as is practicable) notify 

11 the congressional defense committees in writing of the de12 tails of any such obligation: Provided further, That the 

13 Secretary of Defense shall, not more than 60 days after 

14 such notification is made, inform such committees if such 

15 funds have not been obligated and the reasons therefor: 

16 Provided further, That the Secretary of Defense shall con17 sult with such committees in advance of the provision of 

18 support provided to other forces or groups recognized by 

19 and under the authority of the Government of Ukraine: 

20 Provided further, That the United States may accept 

21 equipment procured using funds made available in this 

22 section in this or prior Acts transferred to the security 

23 forces of Ukraine and returned by such forces to the 

24 United States: Provided further, That equipment procured 

25 using funds made available in this section in this or prior 


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1 Acts, and not yet transferred to the military or national 

2 security forces of Ukraine or to other assisted entities, or 

3 returned by such forces or other assisted entities to the 

4 United States, may be treated as stocks of the Depart5 ment of Defense upon written notification to the congres6 sional defense committees: Provided further, That the Sec7 retary of Defense shall provide quarterly reports to the 

8 congressional defense committees on the use and status 

9 of funds made available in this section. 

10 SEC. 8111. During the current fiscal year, the De11 partment of Defense is authorized to incur obligations of 

12 not to exceed $350,000,000 for purposes specified in sec13 tion 2350j(c) of title 10, United States Code, in anticipa14 tion of receipt of contributions, only from the Government 

15 of Kuwait, under that section: Provided, That upon re16 ceipt, such contributions from the Government of Kuwait 

17 shall be credited to the appropriations or fund which in18 curred such obligations. 

19 SEC. 8112. Of the amounts appropriated in this Act 

20 under the heading ‘‘Operation and Maintenance, Defense21 Wide’’, for the Defense Security Cooperation Agency, 

22 $1,511,920,000, to remain available until September 30, 

23 2024, shall be available for International Security Co24 operation Programs and other programs to provide sup25 port and assistance to foreign security forces or other 


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1 groups or individuals to conduct, support or facilitate 

2 counterterrorism, crisis response, or building partner ca3 pacity programs: Provided, That the Secretary of Defense 

4 shall, not less than 15 days prior to obligating funds made 

5 available in this section, notify the congressional defense 

6 committees in writing of the details of any planned obliga7 tion: Provided further, That the Secretary of Defense shall 

8 provide quarterly reports to the Committees on Appropria9 tions of the House of Representatives and the Senate on 

10 the use and status of funds made available in this section. 

11 SEC. 8113. Of the amounts appropriated in this Act 

12 under the heading ‘‘Operation and Maintenance, Defense13 Wide’’, for the Defense Security Cooperation Agency, 

14 $370,000,000, to remain available until September 30, 

15 2024, shall be available to reimburse Jordan, Lebanon, 

16 Egypt, Tunisia, and Oman under section 1226 of the Na17 tional Defense Authorization Act for Fiscal Year 2016 (22 

18 U.S.C. 2151 note), for enhanced border security: Pro19 vided, That the Secretary of Defense shall, not less than 

20 15 days prior to obligating funds provided under this sec21 tion, notify the congressional defense committees in writ22 ing of the details of any planned obligation and the nature 

23 of the expenses incurred: Provided further, That the Sec24 retary of Defense shall provide quarterly reports to the 

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1 atives and the Senate on the use and status of funds made 

2 available in this section. 

3 SEC. 8114. None of the funds made available by this 

4 Act may be used in contravention of the War Powers Res5 olution (50 U.S.C. 1541 et seq.). 

6 SEC. 8115. None of the funds made available by this 

7 Act for excess defense articles, assistance under section 

8 333 of title 10, United States Code, or peacekeeping oper9 ations for the countries designated annually to be in viola10 tion of the standards of the Child Soldiers Prevention Act 

11 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 

12 be used to support any military training or operation that 

13 includes child soldiers, as defined by the Child Soldiers 

14 Prevention Act of 2008, unless such assistance is other15 wise permitted under section 404 of the Child Soldiers 

16 Prevention Act of 2008. 

17 SEC. 8116. None of the funds made available by this 

18 Act may be made available for any member of the Taliban. 

19 SEC. 8117. Notwithstanding any other provision of 

20 law, any transfer of funds, appropriated or otherwise made 

21 available by this Act, for support to friendly foreign coun22 tries in connection with the conduct of operations in which 

23 the United States is not participating, pursuant to section 

24 331(d) of title 10, United States Code, shall be made in 

25 accordance with section 8005 of this Act. 


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1 SEC. 8118. (a) None of the funds appropriated or 

2 otherwise made available by this or any other Act may 

3 be used by the Secretary of Defense, or any other official 

4 or officer of the Department of Defense, to enter into a 

5 contract, memorandum of understanding, or cooperative 

6 agreement with, or make a grant to, or provide a loan 

7 or loan guarantee to Rosoboronexport or any subsidiary 

8 of Rosoboronexport. 

9 (b) The Secretary of Defense may waive the limita10 tion in subsection (a) if the Secretary, in consultation with 

11 the Secretary of State and the Director of National Intel12 ligence, determines that it is in the vital national security 

13 interest of the United States to do so, and certifies in writ14 ing to the congressional defense committees that, to the 

15 best of the Secretary’s knowledge: 

16 (1) Rosoboronexport has ceased the transfer of 

17 lethal military equipment to, and the maintenance of 

18 existing lethal military equipment for, the Govern19 ment of the Syrian Arab Republic; 

20 (2) the armed forces of the Russian Federation 

21 have withdrawn from Crimea, other than armed 

22 forces present on military bases subject to agree23 ments in force between the Government of the Rus24 sian Federation and the Government of Ukraine; 

25 and 


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1 (3) agents of the Russian Federation have 

2 ceased taking active measures to destabilize the con3 trol of the Government of Ukraine over eastern 

4 Ukraine. 

5 (c) The Inspector General of the Department of De6 fense shall conduct a review of any action involving 

7 Rosoboronexport with respect to a waiver issued by the 

8 Secretary of Defense pursuant to subsection (b), and not 

9 later than 90 days after the date on which such a waiver 

10 is issued by the Secretary of Defense, the Inspector Gen11 eral shall submit to the congressional defense committees 

12 a report containing the results of the review conducted 

13 with respect to such waiver. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8119. In addition to the amounts appropriated 

16 or otherwise made available elsewhere in this Act, 

17 $1,000,000,000, to remain available until September 30, 

18 2024, is hereby appropriated to the Department of De19 fense and made available for transfer only to other appro20 priations available to the Department of Defense in De21 partment of Defense Appropriations Acts: Provided, That 

22 such funds shall be available to the Secretary of Defense 

23 for the purpose of conducting activities relating to im24 provements of infrastructure and defueling at the Red Hill 

25 Bulk Fuel Storage Facility: Provided further, That 


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1 amounts transferred pursuant to this appropriation shall 

2 be merged with, and be available for the same purposes 

3 and time period as the appropriations to which trans4 ferred: Provided further, That upon a determination that 

5 all or part of the funds transferred from this appropriation 

6 are not necessary for the purposes provided in this section, 

7 such amounts may be transferred back to this section: 

8 Provided further, That the transfer authority provided 

9 pursuant to this section is in addition to any other trans10 fer authority provided by law: Provided further, That not 

11 less than 30 days prior to any transfer of funds pursuant 

12 to this section, the Secretary of Defense shall notify the 

13 congressional defense committees of the details of any 

14 such transfer: Provided further, That not later than 60 

15 days after the enactment of this Act and every 30 days 

16 thereafter through fiscal year 2024, the Secretary of De17 fense shall submit a report to the Committees on Appro18 priations of the House of Representatives and Senate, set19 ting forth all categories and amounts of obligations and 

20 expenditures made under the authority provided in this 

21 section. 

22 SEC. 8120. Notwithstanding any other provision of 

23 this Act, to reflect higher than anticipated fuel costs, the 

24 total amount appropriated in title II of this Act is hereby 

25 increased by $5,000,000,000. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8121. In addition to amounts appropriated in 

3 title III, title IV, or otherwise made available elsewhere 

4 in this Act, $1,500,000,000 is hereby appropriated to the 

5 Department of Defense and made available for transfer 

6 to the procurement and research, development, test and 

7 evaluation accounts of the Army, Navy, Marine Corps, Air 

8 Force, and Space Force to reflect revised economic as9 sumptions: Provided, That the transfer authority provided 

10 under this section is in addition to any other transfer au11 thority provided elsewhere in this Act: Provided further, 

12 That none of the funds provided under this section may 

13 be obligated or expended until 30 days after the Secretary 

14 of Defense provides the Committees on Appropriations of 

15 the House of Representatives and the Senate a detailed 

16 execution plan for such funds. 

17 SEC. 8122. Notwithstanding any other provision of 

18 this Act, to reflect savings due to favorable foreign ex19 change rates, the total amount appropriated in this Act 

20 is hereby reduced by $375,000,000. 

21 SEC. 8123. Equipment procured using funds provided 

22 in prior Acts under the heading ‘‘Counterterrorism Part23 nerships Fund’’ for the program authorized by section 

24 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

25 National Defense Authorization Act for Fiscal Year 2015 


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1 (Public Law 113–291), or under the heading ‘‘Iraq Train 

2 and Equip Fund’’ for the program authorized by section 

3 1236 of such Act, and not yet transferred to authorized 

4 recipients may be transferred to foreign security forces, 

5 irregular forces, groups, or individuals, authorized to re6 ceive assistance using amounts provided under the heading 

7 ‘‘Counter-ISIS Train and Equip Fund’’ in this Act: Pro8 vided, That such equipment may be transferred 15 days 

9 following written notification to the congressional defense 

10 committees. 

11 SEC. 8124. Of the amounts appropriated under the 

12 heading ‘‘Operation and Maintenance, Defense-Wide’’, for 

13 the Defense Security Cooperation Agency, $5,000,000, to 

14 remain available until September 30, 2024, shall be for 

15 payments to reimburse key cooperating nations for 

16 logistical, military, and other support, including access, 

17 provided to United States military and stability operations 

18 to counter the Islamic State of Iraq and Syria: Provided, 

19 That such reimbursement payments may be made in such 

20 amounts as the Secretary of Defense, with the concurrence 

21 of the Secretary of State, and in consultation with the Di22 rector of the Office of Management and Budget, may de23 termine, based on documentation determined by the Sec24 retary of Defense to adequately account for the support 

25 provided, and such determination is final and conclusive 


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1 upon the accounting officers of the United States, and 15 

2 days following written notification to the appropriate con3 gressional committees: Provided further, That these funds 

4 may be used for the purpose of providing specialized train5 ing and procuring supplies and specialized equipment and 

6 providing such supplies and loaning such equipment on a 

7 non-reimbursable basis to coalition forces supporting 

8 United States military and stability operations to counter 

9 the Islamic State of Iraq and Syria, and 15 days following 

10 written notification to the appropriate congressional com11 mittees: Provided further, That the Secretary of Defense 

12 shall provide quarterly reports to the Committees on Ap13 propriations of the House of Representatives and the Sen14 ate on the use and status of funds made available in this 

15 section. 

16 This Act may be cited as the ‘‘Department of Defense 

17 Appropriations Act, 2023’’. 

Æ 


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