118TH CONGRESS 

1ST SESSION H. R. 4365 

AN ACT 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2024, 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, 
2 

•HR 4365 EH

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2024, for military func4 tions administered by the Department of Defense and for 

5 other purposes, namely: 

6 TITLE I 

7 MILITARY PERSONNEL 

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the 

14 Army on active duty (except members of reserve compo15 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

18 377, as amended (42 U.S.C. 402 note), and to the Depart19 ment of Defense Military Retirement Fund, 

20 $50,230,906,000. 

21 MILITARY PERSONNEL, NAVY

22 For pay, allowances, individual clothing, subsistence, 

23 interest on deposits, gratuities, permanent change of sta24 tion travel (including all expenses thereof for organiza25 tional movements), and expenses of temporary duty travel 
3 

•HR 4365 EH

1 between permanent duty stations, for members of the 

2 Navy on active duty (except members of the Reserve pro3 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

7 of Defense Military Retirement Fund, $37,615,388,000. 

8 MILITARY PERSONNEL, MARINE CORPS

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the Ma14 rine Corps on active duty (except members of the Reserve 

15 provided for elsewhere); and for payments pursuant to sec16 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

17 402 note), and to the Department of Defense Military Re18 tirement Fund, $15,556,629,000. 

19 MILITARY PERSONNEL, AIR FORCE

20 For pay, allowances, individual clothing, subsistence, 

21 interest on deposits, gratuities, permanent change of sta22 tion travel (including all expenses thereof for organiza23 tional movements), and expenses of temporary duty travel 

24 between permanent duty stations, for members of the Air 

25 Force on active duty (except members of reserve compo-
4 

•HR 4365 EH

1 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

4 377, as amended (42 U.S.C. 402 note), and to the Depart5 ment of Defense Military Retirement Fund, 

6 $36,512,530,000. 

7 MILITARY PERSONNEL, SPACE FORCE

8 For pay, allowances, individual clothing, subsistence, 

9 interest on deposits, gratuities, permanent change of sta10 tion travel (including all expenses thereof for organiza11 tional movements), and expenses of temporary duty travel 

12 between permanent duty stations, for members of the 

13 Space Force on active duty and cadets; for members of 

14 the Reserve Officers’ Training Corps; and for payments 

15 pursuant to section 156 of Public Law 97–377, as amend16 ed (42 U.S.C. 402 note), and to the Department of De17 fense Military Retirement Fund, $1,239,573,000. 

18 RESERVE PERSONNEL, ARMY

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

20 travel, and related expenses for personnel of the Army Re21 serve on active duty under sections 10211, 10302, and 

22 7038 of title 10, United States Code, or while serving on 

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

24 States Code, in connection with performing duty specified 

25 in section 12310(a) of title 10, United States Code, or 
5 

•HR 4365 EH

1 while undergoing reserve training, or while performing 

2 drills or equivalent duty or other duty, and expenses au3 thorized by section 16131 of title 10, United States Code; 

4 and for payments to the Department of Defense Military 

5 Retirement Fund, $5,367,436,000. 

6 RESERVE PERSONNEL, NAVY

7 For pay, allowances, clothing, subsistence, gratuities, 

8 travel, and related expenses for personnel of the Navy Re9 serve on active duty under section 10211 of title 10, 

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

11 section 12301(d) of title 10, United States Code, in con12 nection with performing duty specified in section 12310(a) 

13 of title 10, United States Code, or while undergoing re14 serve training, or while performing drills or equivalent 

15 duty, and expenses authorized by section 16131 of title 

16 10, United States Code; and for payments to the Depart17 ment of Defense Military Retirement Fund, 

18 $2,486,718,000. 

19 RESERVE PERSONNEL, MARINE CORPS

20 For pay, allowances, clothing, subsistence, gratuities, 

21 travel, and related expenses for personnel of the Marine 

22 Corps Reserve on active duty under section 10211 of title 

23 10, United States Code, or while serving on active duty 

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

25 in connection with performing duty specified in section 
6 

•HR 4365 EH

1 12310(a) of title 10, United States Code, or while under2 going reserve training, or while performing drills or equiv3 alent duty, and for members of the Marine Corps platoon 

4 leaders class, and expenses authorized by section 16131 

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

6 Department of Defense Military Retirement Fund, 

7 $898,928,000. 

8 RESERVE PERSONNEL, AIR FORCE

9 For pay, allowances, clothing, subsistence, gratuities, 

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

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

12 9038 of title 10, United States Code, or while serving on 

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

14 States Code, in connection with performing duty specified 

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

16 while undergoing reserve training, or while performing 

17 drills or equivalent duty or other duty, and expenses au18 thorized by section 16131 of title 10, United States Code; 

19 and for payments to the Department of Defense Military 

20 Retirement Fund, $2,459,466,000. 

21 NATIONAL GUARD PERSONNEL, ARMY

22 For pay, allowances, clothing, subsistence, gratuities, 

23 travel, and related expenses for personnel of the Army Na24 tional Guard while on duty under sections 10211, 10302, 

25 or 12402 of title 10 or section 708 of title 32, United 
7 

•HR 4365 EH

1 States Code, or while serving on duty under section 

2 12301(d) of title 10 or section 502(f) of title 32, United 

3 States Code, in connection with performing duty specified 

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

5 while undergoing training, or while performing drills or 

6 equivalent duty or other duty, and expenses authorized by 

7 section 16131 of title 10, United States Code; and for pay8 ments to the Department of Defense Military Retirement 

9 Fund, $9,766,369,000. 

10 NATIONAL GUARD PERSONNEL, AIR FORCE

11 For pay, allowances, clothing, subsistence, gratuities, 

12 travel, and related expenses for personnel of the Air Na13 tional Guard on duty under sections 10211, 10305, or 

14 12402 of title 10 or section 708 of title 32, United States 

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

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

17 in connection with performing duty specified in section 

18 12310(a) of title 10, United States Code, or while under19 going training, or while performing drills or equivalent 

20 duty or other duty, and expenses authorized by section 

21 16131 of title 10, United States Code; and for payments 

22 to the Department of Defense Military Retirement Fund, 

23 $5,234,625,000. 
8 

•HR 4365 EH

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, $60,525,399,000 (reduced by $15,000,000) 

7 (reduced by $3,000,000) (increased by $3,000,000) (in8 creased by $1,000,000) (reduced by $2,000,000) (in9 creased by $1,000,000) (increased by $5,000,000) (re10 duced by $5,000,000) (reduced by $7,750,000) (reduced 

11 by $5,000,000) (reduced by $1,000,000) (increased by 

12 $1,000,000): Provided, That not to exceed $12,478,000 

13 may be used for emergencies and extraordinary expenses, 

14 to be expended upon the approval or authority of the Sec15 retary of the Army, and payments may be made upon the 

16 Secretary’s certificate of necessity for confidential military 

17 purposes. 

18 OPERATION AND MAINTENANCE, NAVY

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance of the Navy and the 

21 Marine Corps, as authorized by law, $73,547,305,000 (in22 creased by $1,000,000) (reduced by $5,000,000) (in23 creased by $8,606,779) (reduced by $55,000,000): Pro24 vided, That not to exceed $15,055,000 may be used for 

25 emergencies and extraordinary expenses, to be expended 
9 

•HR 4365 EH

1 upon the approval or authority of the Secretary of the 

2 Navy, and payments may be made upon the Secretary’s 

3 certificate of necessity for confidential military purposes. 

4 OPERATION AND MAINTENANCE, MARINE CORPS

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance of the Marine Corps, 

7 as authorized by law, $10,909,609,000 (increased by 

8 $1,000,000). 

9 OPERATION AND MAINTENANCE, AIR FORCE

10 For expenses, not otherwise provided for, necessary 

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

12 authorized by law, $63,460,822,000 (increased by 

13 $1,000,000) (reduced by $5,000,000) (reduced by 

14 $7,200,000) (increased by $7,200,000): Provided, That 

15 not to exceed $7,699,000 may be used for emergencies and 

16 extraordinary expenses, to be expended upon the approval 

17 or authority of the Secretary of the Air Force, and pay18 ments may be made upon the Secretary’s certificate of ne19 cessity for confidential military purposes. 

20 OPERATION AND MAINTENANCE, SPACE FORCE

21 For expenses, not otherwise provided for, necessary 

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

23 authorized by law, $4,890,886,000 (increased by 

24 $5,000,000) (reduced by $8,000,000) (reduced by 

25 $10,000,000) (increased by $2,500,000). 
10 

•HR 4365 EH

1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance of activities and agen5 cies of the Department of Defense (other than the military 

6 departments), as authorized by law, $52,453,715,000 (re7 duced by $1,000,000) (increased by $1,000,000) (reduced 

8 by $5,000,000) (reduced by $5,000,000) (reduced by 

9 $8,606,779) (reduced by $5,000,000) (reduced by 

10 $5,000,000) (reduced by $5,000,000) (reduced by 

11 $5,000,000) (reduced by $3,000,000) (reduced by 

12 $5,000,000) (reduced by $3,000,000) (reduced by 

13 $3,000,000) (increased by $5,000,000) (reduced by 

14 $5,000,000) (reduced by $2,500,000) (reduced by 

15 $4,000,000) (reduced by $5,000,000) (reduced by 

16 $3,000,000) (increased by $3,000,000) (reduced by 

17 $5,000,000) (reduced by $5,000,000) (reduced by 

18 $1,000,000) (increased by $1,000,000) (reduced by 

19 $10,000,000) (reduced by $122,600,000) (reduced by 

20 $15,000,000) (reduced by $7,000,000) (reduced by 

21 $5,000,000) (reduced by $5,000,000) (reduced by 

22 $1,000,000) (increased by $1,000,000) (reduced by 

23 $15,000,000) (reduced by $5,000,000) (reduced by 

24 $7,500,000) (reduced by $10,000,000) (reduced by 

25 $12,000,000) (reduced by $7,500,000) (reduced by 
11 

•HR 4365 EH

1 $5,000,000) (reduced by $4,000,000) (reduced by 

2 $10,000,000) (reduced by $15,000,000) (reduced by 

3 $4,000,000) (reduced by $1,000,000) (increased by 

4 $1,000,000) (reduced by $2,000,000) (reduced by 

5 $10,000,000) (reduced by $1,000,000) (reduced by 

6 $2,000,000) (reduced by $4,000,000) (reduced by 

7 $5,000,000) (reduced by $5,000,000) (reduced by 

8 $2,500,000) (reduced by $5,000,000) (reduced by 

9 $2,500,000) (reduced by $10,000,000) (reduced by 

10 $5,000,000) (reduced by $6,000,000) (reduced by 

11 $2,500,000) (reduced by $10,000,000) (reduced by 

12 $16,500,000) (reduced by $6,000,000) (reduced by 

13 $10,000,000) (reduced by $10,000,000) (reduced by 

14 $7,000,000) (reduced by $5,000,000) (reduced by 

15 $50,000,000) (reduced by $300,000,000): Provided, That 

16 not more than $2,981,000 may be used for the Combatant 

17 Commander Initiative Fund authorized under section 

18 166a of title 10, United States Code: Provided further, 

19 That not to exceed $36,000,000 may be used for emer20 gencies and extraordinary expenses, to be expended upon 

21 the approval or authority of the Secretary of Defense, and 

22 payments may be made upon the Secretary’s certificate 

23 of necessity for confidential military purposes: Provided 

24 further, That of the funds provided under this heading, 

25 not less than $55,000,000 shall be made available for the 
12 

•HR 4365 EH

1 Procurement Technical Assistance Cooperative Agreement 

2 Program, of which not less than $5,000,000 shall be avail3 able for centers defined in 10 U.S.C. 2411(1)(D): Pro4 vided further, That none of the funds appropriated or oth5 erwise made available by this Act may be used to plan 

6 or implement the consolidation of a budget or appropria7 tions liaison office of the Office of the Secretary of De8 fense, the office of the Secretary of a military department, 

9 or the service headquarters of one of the Armed Forces 

10 into a legislative affairs or legislative liaison office: Pro11 vided further, That $25,968,000 to remain available until 

12 expended, is available only for expenses relating to certain 

13 classified activities, and may be transferred as necessary 

14 by the Secretary of Defense to operation and maintenance 

15 appropriations or research, development, test and evalua16 tion appropriations, to be merged with and to be available 

17 for the same time period as the appropriations to which 

18 transferred: Provided further, That any ceiling on the in19 vestment item unit cost of items that may be purchased 

20 with operation and maintenance funds shall not apply to 

21 the funds described in the preceding proviso: Provided fur22 ther, That of the funds provided under this heading, 

23 $2,304,649,000, of which $1,343,580,000, to remain 

24 available until September 30, 2025, shall be available to 

25 provide support and assistance to foreign security forces 
13 

•HR 4365 EH

1 or other groups or individuals to conduct, support or facili2 tate counterterrorism, crisis response, or other Depart3 ment of Defense security cooperation programs: Provided 

4 further, That the Secretary of Defense shall provide quar5 terly reports to the Committees on Appropriations of the 

6 House of Representatives and the Senate on the use and 

7 status of funds made available in this paragraph: Provided 

8 further, That the transfer authority provided under this 

9 heading is in addition to any other transfer authority pro10 vided 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’’, $397,950,000, to remain avail14 able until September 30, 2025: 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 
14 

•HR 4365 EH

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, 
15 

•HR 4365 EH

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 that was transferred to secu17 rity forces, irregular forces, or groups participating, or 

18 preparing to participate in activities to counter the Islamic 

19 State of Iraq and Syria and returned by such forces or 

20 groups to the United States, and such equipment may be 

21 treated as stocks of the Department of Defense upon writ22 ten notification to the congressional defense committees: 

23 Provided further, That equipment procured using funds 

24 provided under this heading and not yet transferred to se25 curity forces, irregular forces, or groups participating, or 
16 

•HR 4365 EH

1 preparing to participate in activities to counter the Islamic 

2 State of Iraq and Syria may be treated as stocks of the 

3 Department of Defense when determined by the Secretary 

4 to no longer be required for transfer to such forces or 

5 groups and upon written notification to the congressional 

6 defense committees: Provided further, That the Secretary 

7 of Defense shall provide quarterly reports to the congres8 sional defense committees on the use of funds provided 

9 under this heading, including, but not limited to, the num10 ber of individuals trained, the nature and scope of support 

11 and sustainment provided to each group or individual, the 

12 area of operations for each group, and the contributions 

13 of other countries, groups, or individuals: Provided further, 

14 That of the funds provided under this heading for stipends 

15 for foreign security forces, irregular forces, groups, or in16 dividuals participating, or preparing to participate in ac17 tivities to counter ISIS in Syria, fifty percent shall not 

18 be available for obligation or expenditure until the Sec19 retary of Defense reports to the Committees on Appropria20 tions of the House of Representatives and the Senate that 

21 measures are in place to ensure accountability of such 

22 funds. 

23 OPERATION AND MAINTENANCE, ARMY RESERVE

24 For expenses, not otherwise provided for, necessary 

25 for the operation and maintenance, including training, or-
17 

•HR 4365 EH

1 ganization, and administration, of the Army Reserve; re2 pair of facilities and equipment; hire of passenger motor 

3 vehicles; travel and transportation; care of the dead; re4 cruiting; procurement of services, supplies, and equip5 ment; and communications, $3,559,248,000. 

6 OPERATION AND MAINTENANCE, NAVY RESERVE

7 For expenses, not otherwise provided for, necessary 

8 for the operation and maintenance, including training, or9 ganization, and administration, of the Navy Reserve; re10 pair of facilities and equipment; hire of passenger motor 

11 vehicles; travel and transportation; care of the dead; re12 cruiting; procurement of services, supplies, and equip13 ment; and communications, $1,366,710,000. 

14 OPERATION AND MAINTENANCE, MARINE CORPS

15 RESERVE

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance, including training, or18 ganization, and administration, of the Marine Corps Re19 serve; repair of facilities and equipment; hire of passenger 

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

21 recruiting; procurement of services, supplies, and equip22 ment; and communications, $323,395,000. 

23 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

24 For expenses, not otherwise provided for, necessary 

25 for the operation and maintenance, including training, or-
18 

•HR 4365 EH

1 ganization, and administration, of the Air Force Reserve; 

2 repair of facilities and equipment; hire of passenger motor 

3 vehicles; travel and transportation; care of the dead; re4 cruiting; procurement of services, supplies, and equip5 ment; and communications, $4,056,196,000. 

6 OPERATION AND MAINTENANCE, ARMY NATIONAL

7 GUARD

8 For expenses of training, organizing, and admin9 istering the Army National Guard, including medical and 

10 hospital treatment and related expenses in non-Federal 

11 hospitals; maintenance, operation, and repairs to struc12 tures and facilities; hire of passenger motor vehicles; per13 sonnel services in the National Guard Bureau; travel ex14 penses (other than mileage), as authorized by law for 

15 Army personnel on active duty, for Army National Guard 

16 division, regimental, and battalion commanders while in17 specting units in compliance with National Guard Bureau 

18 regulations when specifically authorized by the Chief, Na19 tional Guard Bureau; supplying and equipping the Army 

20 National Guard as authorized by law; and expenses of re21 pair, modification, maintenance, and issue of supplies and 

22 equipment (including aircraft), $8,612,404,000. 

23 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

24 For expenses of training, organizing, and admin25 istering the Air National Guard, including medical and 
19 

•HR 4365 EH

1 hospital treatment and related expenses in non-Federal 

2 hospitals; maintenance, operation, and repairs to struc3 tures and facilities; transportation of things, hire of pas4 senger motor vehicles; supplying and equipping the Air 

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

6 modification, maintenance, and issue of supplies and 

7 equipment, including those furnished from stocks under 

8 the control of agencies of the Department of Defense; 

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

10 authorized by law for Air National Guard personnel on 

11 active Federal duty, for Air National Guard commanders 

12 while inspecting units in compliance with National Guard 

13 Bureau regulations when specifically authorized by the 

14 Chief, National Guard Bureau, $7,250,745,000. 

15 UNITED STATES COURT OF APPEALS FOR THE ARMED

16 FORCES

17 For salaries and expenses necessary for the United 

18 States Court of Appeals for the Armed Forces, 

19 $16,620,000, of which not to exceed $10,000 may be used 

20 for official representation purposes. 

21 ENVIRONMENTAL RESTORATION, ARMY

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of the Army, $198,760,000 (re24 duced by $2,500,000), to remain available until trans25 ferred: Provided, That the Secretary of the Army shall, 
20 

•HR 4365 EH

1 upon determining that such funds are required for envi2 ronmental restoration, reduction and recycling of haz3 ardous waste, removal of unsafe buildings and debris of 

4 the Department of the Army, or for similar purposes, 

5 transfer the funds made available by this appropriation 

6 to other appropriations made available to the Department 

7 of the Army, to be merged with and to be available for 

8 the same purposes and for the same time period as the 

9 appropriations to which transferred: Provided further, 

10 That upon a determination that all or part of the funds 

11 transferred from this appropriation are not necessary for 

12 the purposes provided herein, such amounts may be trans13 ferred back to this appropriation: Provided further, That 

14 the transfer authority provided under this heading is in 

15 addition to any other transfer authority provided else16 where in this Act. 

17 ENVIRONMENTAL RESTORATION, NAVY

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Navy, $345,240,000, to 

20 remain available until transferred: Provided, That the Sec21 retary of the Navy shall, upon determining that such 

22 funds are required for environmental restoration, reduc23 tion and recycling of hazardous waste, removal of unsafe 

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

25 for similar purposes, transfer the funds made available by 
21 

•HR 4365 EH

1 this appropriation to other appropriations made available 

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

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

4 time period as the appropriations to which transferred: 

5 Provided further, That upon a determination that all or 

6 part of the funds transferred from this appropriation are 

7 not necessary for the purposes provided herein, such 

8 amounts may be transferred back to this appropriation: 

9 Provided further, That the transfer authority provided 

10 under this heading is in addition to any other transfer au11 thority provided elsewhere in this Act. 

12 ENVIRONMENTAL RESTORATION, AIR FORCE

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of the Air Force, $359,744,000, 

15 to remain available until transferred: Provided, That the 

16 Secretary of the Air Force shall, upon determining that 

17 such funds are required for environmental restoration, re18 duction and recycling of hazardous waste, removal of un19 safe buildings and debris of the Department of the Air 

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

21 available by this appropriation to other appropriations 

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

23 merged with and to be available for the same purposes 

24 and for the same time period as the appropriations to 

25 which transferred: Provided further, That upon a deter-
22 

•HR 4365 EH

1 mination that all or part of the funds transferred from 

2 this appropriation are not necessary for the purposes pro3 vided herein, such amounts may be transferred back to 

4 this appropriation: Provided further, That the transfer au5 thority provided under this heading is in addition to any 

6 other transfer authority provided elsewhere in this Act. 

7 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of Defense, $8,965,000 (in10 creased by $5,000,000) (reduced by $5,000,000), to re11 main available until transferred: Provided, That the Sec12 retary of Defense shall, upon determining that such funds 

13 are required for environmental restoration, reduction and 

14 recycling of hazardous waste, removal of unsafe buildings 

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

16 purposes, transfer the funds made available by this appro17 priation to other appropriations made available to the De18 partment of Defense, to be merged with and to be avail19 able for the same purposes and for the same time period 

20 as the appropriations to which transferred: Provided fur21 ther, That upon a determination that all or part of the 

22 funds transferred from this appropriation are not nec23 essary for the purposes provided herein, such amounts 

24 may be transferred back to this appropriation: Provided 

25 further, That the transfer authority provided under this 
23 

•HR 4365 EH

1 heading is in addition to any other transfer authority pro2 vided elsewhere in this Act. 

3 ENVIRONMENTAL RESTORATION, FORMERLY USED

4 DEFENSE SITES

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Department of the Army, $232,806,000, to 

7 remain available until transferred: Provided, That the Sec8 retary of the Army shall, upon determining that such 

9 funds are required for environmental restoration, reduc10 tion and recycling of hazardous waste, removal of unsafe 

11 buildings and debris at sites formerly used by the Depart12 ment of Defense, transfer the funds made available by this 

13 appropriation to other appropriations made available to 

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

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

16 period as the appropriations to which transferred: Pro17 vided further, That upon a determination that all or part 

18 of the funds transferred from this appropriation are not 

19 necessary for the purposes provided herein, such amounts 

20 may be transferred back to this appropriation: Provided 

21 further, That the transfer authority provided under this 

22 heading is in addition to any other transfer authority pro23 vided elsewhere in this Act. 
24 

•HR 4365 EH

1 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

2 For expenses relating to the Overseas Humanitarian, 

3 Disaster, and Civic Aid programs of the Department of 

4 Defense (consisting of the programs provided under sec5 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

6 United States Code), $142,500,000, to remain available 

7 until September 30, 2025. 

8 COOPERATIVE THREAT REDUCTION ACCOUNT

9 For assistance, including assistance provided by con10 tract or by grants, under programs and activities of the 

11 Department of Defense Cooperative Threat Reduction 

12 Program authorized under the Department of Defense Co13 operative Threat Reduction Act, $350,999,000, to remain 

14 available until September 30, 2026. 

15 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

16 DEVELOPMENT ACCOUNT

17 For the Department of Defense Acquisition Work18 force Development Account, $54,977,000: Provided, That 

19 no other amounts may be otherwise credited or transferred 

20 to the Account, or deposited into the Account, in fiscal 

21 year 2024 pursuant to section 1705(d) of title 10, United 

22 States Code. 
25 

•HR 4365 EH

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, $3,030,767,000 (increased by 

17 $10,000,000) (increased by $15,000,000), to remain avail18 able for obligation until September 30, 2026. 

19 MISSILE PROCUREMENT, ARMY

20 For construction, procurement, production, modifica21 tion, and modernization of missiles, equipment, including 

22 ordnance, ground handling equipment, spare parts, and 

23 accessories therefor; specialized equipment and training 

24 devices; expansion of public and private plants, including 

25 the land necessary therefor, for the foregoing purposes, 
26 

•HR 4365 EH

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

2 and construction prosecuted thereon prior to approval of 

3 title; and procurement and installation of equipment, ap4 pliances, and machine tools in public and private plants; 

5 reserve plant and Government and contractor-owned 

6 equipment layaway; and other expenses necessary for the 

7 foregoing purposes, $4,483,806,000, to remain available 

8 for obligation until September 30, 2026. 

9 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

10 VEHICLES, ARMY

11 For construction, procurement, production, and 

12 modification of weapons and tracked combat vehicles, 

13 equipment, including ordnance, spare parts, and acces14 sories therefor; specialized equipment and training devices; 

15 expansion of public and private plants, including the land 

16 necessary therefor, for the foregoing purposes, and such 

17 lands and interests therein, may be acquired, and con18 struction prosecuted thereon prior to approval of title; and 

19 procurement and installation of equipment, appliances, 

20 and machine tools in public and private plants; reserve 

21 plant and Government and contractor-owned equipment 

22 layaway; and other expenses necessary for the foregoing 

23 purposes, $3,943,584,000, to remain available for obliga24 tion until September 30, 2026. 
27 

•HR 4365 EH

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, $2,971,928,000, to remain 

15 available for obligation until September 30, 2026. 

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 
28 

•HR 4365 EH

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 $8,679,516,000 (increased by $55,000,000) (increased by 

8 $15,000,000) (increased by $15,000,000) (reduced by 

9 $750,000), to remain available for obligation until Sep10 tember 30, 2026. 

11 AIRCRAFT PROCUREMENT, NAVY

12 For construction, procurement, production, modifica13 tion, and modernization of aircraft, equipment, including 

14 ordnance, spare parts, and accessories therefor; specialized 

15 equipment; expansion of public and private plants, includ16 ing the land necessary therefor, and such lands and inter17 ests therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; and procurement and 

19 installation of equipment, appliances, and machine tools 

20 in public and private plants; reserve plant and Govern21 ment and contractor-owned equipment layaway, 

22 $17,450,040,000, to remain available for obligation until 

23 September 30, 2026. 
29 

•HR 4365 EH

1 WEAPONS PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, torpedoes, other weap4 ons, and related support equipment including spare parts, 

5 and accessories therefor; expansion of public and private 

6 plants, including the land necessary therefor, and such 

7 lands and interests therein, may be acquired, and con8 struction prosecuted thereon prior to approval of title; and 

9 procurement and installation of equipment, appliances, 

10 and machine tools in public and private plants; reserve 

11 plant and Government and contractor-owned equipment 

12 layaway, $5,826,997,000, to remain available for obliga13 tion until September 30, 2026. 

14 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

15 CORPS

16 For construction, procurement, production, and 

17 modification of ammunition, and accessories therefor; spe18 cialized equipment and training devices; expansion of pub19 lic and private plants, including ammunition facilities, au20 thorized by section 2854 of title 10, United States Code, 

21 and the land necessary therefor, for the foregoing pur22 poses, and such lands and interests therein, may be ac23 quired, and construction prosecuted thereon prior to ap24 proval of title; and procurement and installation of equip25 ment, appliances, and machine tools in public and private 
30 

•HR 4365 EH

1 plants; reserve plant and Government and contractor2 owned equipment layaway; and other expenses necessary 

3 for the foregoing purposes, $1,238,558,000 (increased by 

4 $5,000,000), to remain available for obligation until Sep5 tember 30, 2026. 

6 SHIPBUILDING AND CONVERSION, NAVY

7 For expenses necessary for the construction, acquisi8 tion, or conversion of vessels as authorized by law, includ9 ing armor and armament thereof, plant equipment, appli10 ances, and machine tools and installation thereof in public 

11 and private plants; reserve plant and Government and con12 tractor-owned equipment layaway; procurement of critical, 

13 long lead time components and designs for vessels to be 

14 constructed or converted in the future; and expansion of 

15 public and private plants, including land necessary there16 for, and such lands and interests therein, may be acquired, 

17 and construction prosecuted thereon prior to approval of 

18 title, as follows: 

19 Columbia Class Submarine, $2,443,598,000; 

20 Columbia Class Submarine (AP), 

21 $3,390,734,000; 

22 Carrier Replacement Program (CVN–80), 

23 $1,104,421,000; 

24 Carrier Replacement Program (CVN–81), 

25 $800,492,000; 
31 

•HR 4365 EH

1 Virginia Class Submarine, $7,129,965,000; 

2 Virginia Class Submarine (AP), 

3 $3,215,539,000; 

4 CVN Refueling Overhauls (AP), $802,988,000; 

5 DDG–1000 Program, $318,655,000; 

6 DDG–51 Destroyer, $4,199,179,000; 

7 DDG–51 Destroyer (AP), $284,035,000; 

8 FFG–Frigate, $2,133,861,000; 

9 LHA Replacement, $1,830,149,000; 

10 AS Submarine Tender, $1,544,595,000; 

11 TAO Fleet Oiler, $815,420,000; 

12 LCU 1700, $62,532,000; 

13 Ship to Shore Connector, $400,000,000; 

14 Service Craft, $85,115,000; 

15 LCAC SLEP, $15,286,000; 

16 Auxiliary Vessels, $142,008,000; 

17 For outfitting, post delivery, conversions, and 

18 first destination transportation, $539,681,000; and 

19 Completion of Prior Year Shipbuilding Pro20 grams, $1,648,559,000. 

21 In all: $32,906,812,000, to remain available for obligation 

22 until September 30, 2028: Provided, That additional obli23 gations may be incurred after September 30, 2028, for 

24 engineering services, tests, evaluations, and other such 

25 budgeted work that must be performed in the final stage 
32 

•HR 4365 EH

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

2 funds provided under this heading for the construction or 

3 conversion of any naval vessel to be constructed in ship4 yards in the United States shall be expended in foreign 

5 facilities for the construction of major components of such 

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

7 under this heading shall be used for the construction of 

8 any naval vessel in foreign shipyards: Provided further, 

9 That funds appropriated or otherwise made available by 

10 this Act for Columbia Class Submarine (AP) may be avail11 able for the purposes authorized by subsections (f), (g), 

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

13 only in accordance with the provisions of the applicable 

14 subsection. 

15 OTHER PROCUREMENT, NAVY

16 For procurement, production, and modernization of 

17 support equipment and materials not otherwise provided 

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

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

20 of passenger motor vehicles for replacement only; expan21 sion of public and private plants, including the land nec22 essary therefor, and such lands and interests therein, may 

23 be acquired, and construction prosecuted thereon prior to 

24 approval of title; and procurement and installation of 

25 equipment, appliances, and machine tools in public and 
33 

•HR 4365 EH

1 private plants; reserve plant and Government and con2 tractor-owned equipment layaway, $13,675,677,000, to 

3 remain available for obligation until September 30, 2026: 

4 Provided, That such funds are also available for the main5 tenance, repair, and modernization of ships under a pilot 

6 program established for such purposes. 

7 PROCUREMENT, MARINE CORPS

8 For expenses necessary for the procurement, manu9 facture, and modification of missiles, armament, military 

10 equipment, spare parts, and accessories therefor; plant 

11 equipment, appliances, and machine tools, and installation 

12 thereof in public and private plants; reserve plant and 

13 Government and contractor-owned equipment layaway; ve14 hicles for the Marine Corps, including the purchase of pas15 senger motor vehicles for replacement only; and expansion 

16 of public and private plants, including land necessary 

17 therefor, and such lands and interests therein, may be ac18 quired, and construction prosecuted thereon prior to ap19 proval of title, $3,775,224,000, to remain available for ob20 ligation until September 30, 2026. 

21 AIRCRAFT PROCUREMENT, AIR FORCE

22 For construction, procurement, and modification of 

23 aircraft and equipment, including armor and armament, 

24 specialized ground handling equipment, and training de25 vices, spare parts, and accessories therefor; specialized 
34 

•HR 4365 EH

1 equipment; expansion of public and private plants, Gov2 ernment-owned equipment and installation thereof in such 

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

4 the foregoing purposes, and such lands and interests 

5 therein, may be acquired, and construction prosecuted 

6 thereon prior to approval of title; reserve plant and Gov7 ernment and contractor-owned equipment layaway; and 

8 other expenses necessary for the foregoing purposes in9 cluding rents and transportation of things, 

10 $20,196,409,000 (increased by $122,600,000) (reduced 

11 by $150,000,000) (increased by $150,000,000), to remain 

12 available for obligation until September 30, 2026. 

13 MISSILE PROCUREMENT, AIR FORCE

14 For construction, procurement, and modification of 

15 missiles, rockets, and related equipment, including spare 

16 parts and accessories therefor; ground handling equip17 ment, and training devices; expansion of public and pri18 vate plants, Government-owned equipment and installa19 tion thereof in such plants, erection of structures, and ac20 quisition of land, for the foregoing purposes, and such 

21 lands and interests therein, may be acquired, and con22 struction prosecuted thereon prior to approval of title; re23 serve plant and Government and contractor-owned equip24 ment layaway; and other expenses necessary for the fore25 going purposes including rents and transportation of 
35 

•HR 4365 EH

1 things, $4,401,753,000, to remain available for obligation 

2 until September 30, 2026. 

3 PROCUREMENT OF AMMUNITION, AIR FORCE

4 For construction, procurement, production, and 

5 modification of ammunition, and accessories therefor; spe6 cialized equipment and training devices; expansion of pub7 lic and private plants, including ammunition facilities, au8 thorized by section 2854 of title 10, United States Code, 

9 and the land necessary therefor, for the foregoing pur10 poses, and such lands and interests therein, may be ac11 quired, and construction prosecuted thereon prior to ap12 proval of title; and procurement and installation of equip13 ment, appliances, and machine tools in public and private 

14 plants; reserve plant and Government and contractor15 owned equipment layaway; and other expenses necessary 

16 for the foregoing purposes, $642,448,000, to remain avail17 able for obligation until September 30, 2026. 

18 OTHER PROCUREMENT, AIR FORCE

19 For procurement and modification of equipment (in20 cluding ground guidance and electronic control equipment, 

21 and ground electronic and communication equipment), 

22 and supplies, materials, and spare parts therefor, not oth23 erwise provided for; the purchase of passenger motor vehi24 cles for replacement only; lease of passenger motor vehi25 cles; and expansion of public and private plants, Govern-
36 

•HR 4365 EH

1 ment-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, 

7 $29,819,938,000 (reduced by $4,300,000) (increased by 

8 $4,300,000), to remain available for obligation until Sep9 tember 30, 2026. 

10 PROCUREMENT, SPACE FORCE

11 For construction, procurement, and modification of 

12 spacecraft, rockets, and related equipment, including 

13 spare parts and accessories therefor; ground handling 

14 equipment, and training devices; expansion of public and 

15 private plants, Government-owned equipment and installa16 tion thereof in such plants, erection of structures, and ac17 quisition of land, for the foregoing purposes, and such 

18 lands and interests therein, may be acquired, and con19 struction prosecuted thereon prior to approval of title; re20 serve plant and Government and contractor-owned equip21 ment layaway; and other expenses necessary for the fore22 going purposes including rents and transportation of 

23 things, $4,109,201,000, to remain available for obligation 

24 until September 30, 2026. 
37 

•HR 4365 EH

1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) 

4 necessary for procurement, production, and modification 

5 of equipment, supplies, materials, and spare parts there6 for, not otherwise provided for; the purchase of passenger 

7 motor vehicles for replacement only; expansion of public 

8 and private plants, equipment, and installation thereof in 

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

10 for the foregoing purposes, and such lands and interests 

11 therein, may be acquired, and construction prosecuted 

12 thereon prior to approval of title; reserve plant and Gov13 ernment and contractor-owned equipment layaway, 

14 $6,289,820,000 (increased by $2,500,000) (reduced by 

15 $10,000,000), to remain available for obligation until Sep16 tember 30, 2026. 

17 DEFENSE PRODUCTION ACT PURCHASES

18 For activities by the Department of Defense pursuant 

19 to sections 108, 301, 302, and 303 of the Defense Produc20 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

21 $618,605,000 (increased by $5,000,000) (increased by 

22 $50,000,000), to remain available for obligation until Sep23 tember 30, 2026, which shall be obligated and expended 

24 by the Secretary of Defense as if delegated the necessary 
38 

•HR 4365 EH

1 authorities conferred by the Defense Production Act of 

2 1950. 

3 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

4 For procurement of rotary-wing aircraft; combat, tac5 tical and support vehicles; other weapons; and other pro6 curement items for the reserve components of the Armed 

7 Forces, $1,000,000,000 (increased by $750,000), to re8 main available for obligation until September 30, 2026: 

9 Provided, That the Chiefs of National Guard and Reserve 

10 components shall, not later than 30 days after enactment 

11 of this Act, individually submit to the congressional de12 fense committees the modernization priority assessment 

13 for their respective National Guard or Reserve component: 

14 Provided further, That none of the funds made available 

15 by this paragraph may be used to procure manned fixed 

16 wing aircraft, or procure or modify missiles, munitions, 

17 or ammunition. 
39 

•HR 4365 EH

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, $16,758,462,000 (increased by 

10 $15,000,000) (increased by $2,000,000) (increased by 

11 $5,000,000) (increased by $5,000,000) (increased by 

12 $5,000,000) (increased by $4,000,000) (increased by 

13 $5,000,000) (increased by $10,000,000) (increased by 

14 $7,000,000) (increased by $5,000,000) (increased by 

15 $5,000,000) (increased by $7,500,000) (increased by 

16 $10,000,000) (increased by $10,000,000) (increased by 

17 $4,000,000) (increased by $10,000,000) (increased by 

18 $5,000,000) (increased by $2,500,000) (increased by 

19 $10,000,000) (increased by $5,000,000) (increased by 

20 $2,500,000) (reduced by $7,000,000) (increased by 

21 $7,000,000) (reduced by $8,000,000) (increased by 

22 $8,000,000) (reduced by $3,000,000) (increased by 

23 $3,000,000) (increased by $10,000,000) (reduced by 

24 $10,000,000) (reduced by $10,000,000) (increased by 

25 $10,000,000) (reduced by $5,000,000) (increased by 
40 

•HR 4365 EH

1 $5,000,000) (reduced by $11,000,000) (increased by 

2 $11,000,000) (reduced by $7,000,000) (increased by 

3 $7,000,000) (reduced by $5,000,000) (increased by 

4 $5,000,000) (reduced by $20,000,000) (reduced by 

5 $5,000,000) (increased by $5,000,000) (reduced by 

6 $8,400,000) (increased by $8,400,000) (increased by 

7 $3,000,000) (reduced by $3,000,000) (reduced by 

8 $5,600,000) (increased by $5,600,000) (reduced by 

9 $15,000,000) (increased by $15,000,000) (increased by 

10 $5,000,000), to remain available for obligation until Sep11 tember 30, 2025. 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 NAVY

14 For expenses necessary for basic and applied sci15 entific research, development, test and evaluation, includ16 ing maintenance, rehabilitation, lease, and operation of fa17 cilities and equipment, $27,690,777,000 (increased by 

18 $8,000,000) (increased by $3,000,000) (increased by 

19 $5,000,000) (increased by $5,000,000) (increased by 

20 $6,000,000) (reduced by $20,000,000) (increased by 

21 $4,000,000) (increased by $10,000,000) (reduced by 

22 $10,000,000) (increased by $6,500,000) (reduced by 

23 $7,000,000) (increased by $7,000,000) (reduced by 

24 $5,500,000) (increased by $5,500,000) (reduced by 

25 $8,000,000) (increased by $8,000,000) (reduced by 
41 

•HR 4365 EH

1 $8,500,000) (increased by $8,500,000) (increased by 

2 $5,000,000) (increased by $4,000,000), to remain avail3 able for obligation until September 30, 2025: Provided, 

4 That funds appropriated in this paragraph which are 

5 available for the V–22 may be used to meet unique oper6 ational requirements of the Special Operations Forces. 

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

8 AIR FORCE

9 For expenses necessary for basic and applied sci10 entific research, development, test and evaluation, includ11 ing maintenance, rehabilitation, lease, and operation of fa12 cilities and equipment, $46,479,858,000 (increased by 

13 $7,750,000) (reduced by $4,000,000) (increased by 

14 $4,000,000) (increased by $5,000,000) (increased by 

15 $5,000,000) (increased by $12,000,000) (increased by 

16 $2,000,000) (increased by $4,000,000) (increased by 

17 $5,000,000) (increased by $2,500,000) (reduced by 

18 $20,000,000) (reduced by $4,500,000) (increased by 

19 $4,500,000) (increased by $7,000,000) (reduced by 

20 $7,000,000) (reduced by $3,000,000) (increased by 

21 $3,000,000) (increased by $5,000,000) (increased by 

22 $10,000,000) (reduced by $10,000,000) (increased by 

23 $5,000,000) (increased by $10,000,000) (reduced by 

24 $5,000,000) (increased by $5,000,000) (reduced by 

25 $44,000,000) (increased by $44,000,000) (reduced by 
42 

•HR 4365 EH

1 $3,000,000) (increased by $3,000,000) (reduced by 

2 $5,000,000) (increased by $5,000,000), to remain avail3 able for obligation until September 30, 2025. 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 SPACE FORCE

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, $18,839,144,000 (increased by 

10 $10,000,000) (increased by $2,500,000) (increased by 

11 $7,500,000) (increased by $5,000,000) (reduced by 

12 $20,000,000), to remain available until September 30, 

13 2025. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 DEFENSE-WIDE

16 For expenses of activities and agencies of the Depart17 ment of Defense (other than the military departments), 

18 necessary for basic and applied scientific research, devel19 opment, test and evaluation; advanced research projects 

20 as may be designated and determined by the Secretary 

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

22 lease, and operation of facilities and equipment, 

23 $36,782,566,000 (reduced by $2,500,000) (increased by 

24 $6,000,000) (increased by $10,000,000) (increased by 

25 $16,500,000) (increased by $10,000,000) (increased by 
43 

•HR 4365 EH

1 $100,000,000) (reduced by $6,500,000) (reduced by 

2 $5,000,000) (increased by $5,000,000) (reduced by 

3 $1,000,000) (increased by $1,000,000) (reduced by 

4 $20,000,000) (increased by $20,000,000) (reduced by 

5 $8,000,000) (increased by $8,000,000) (reduced by 

6 $10,000,000) (increased by $10,000,000) (increased by 

7 $5,000,000) (reduced by $5,000,000) (reduced by 

8 $6,500,000) (increased by $6,500,000) (reduced by 

9 $5,000,000) (increased by $5,000,000) (increased by 

10 $10,000,000) (reduced by $10,000,000) (reduced by 

11 $5,000,000) (increased by $5,000,000), to remain avail12 able for obligation until September 30, 2025. 

13 OPERATIONAL TEST AND EVALUATION, DEFENSE

14 For expenses, not otherwise provided for, necessary 

15 for the independent activities of the Director, Operational 

16 Test and Evaluation, in the direction and supervision of 

17 operational test and evaluation, including initial oper18 ational test and evaluation which is conducted prior to, 

19 and in support of, production decisions; joint operational 

20 testing and evaluation; and administrative expenses in 

21 connection therewith, $285,444,000 (reduced by 

22 $20,000,000) (reduced by $5,000,000), to remain avail23 able for obligation until September 30, 2025. 
44 

•HR 4365 EH

1 TITLE V 

2 REVOLVING AND MANAGEMENT FUNDS 

3 DEFENSE WORKING CAPITAL FUNDS

4 For the Defense Working Capital Funds, 

5 $1,666,779,000 (reduced by $4,000,000) (reduced by 

6 $5,000,000) (reduced by $4,000,000) (reduced by 

7 $5,000,000). 

8 NATIONAL DEFENSE STOCKPILE TRANSACTION FUND

9 For the National Defense Stockpile Transaction 

10 Fund, $7,629,000, for activities pursuant to the Strategic 

11 and Critical Materials Stock Piling Act (50 U.S.C. 98 et 

12 seq.). 
45 

•HR 4365 EH

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, $39,365,472,000 (increased by 

7 $4,000,000) (increased by $1,000,000) (increased by 

8 $2,000,000) (increased by $5,000,000) (increased by 

9 $10,000,000) (increased by $7,000,000) (increased by 

10 $1,000,000) (reduced by $1,000,000) (increased by 

11 $4,000,000) (reduced by $4,000,000) (increased by 

12 $7,800,000) (reduced by $7,800,000) (increased by 

13 $1,000,000) (reduced by $1,000,000) (increased by 

14 $3,000,000) (reduced by $3,000,000) (reduced by 

15 $15,000,000) (increased by $15,000,000) (reduced by 

16 $200,000) (increased by $200,000); of which 

17 $36,826,743,000 (reduced by $7,800,000) (reduced by 

18 $200,000) (reduced by $3,000,000) shall be for operation 

19 and maintenance, of which not to exceed one percent shall 

20 remain available for obligation until September 30, 2025, 

21 and of which up to $19,762,352,000 may be available for 

22 contracts entered into under the TRICARE program; of 

23 which $381,881,000, to remain available for obligation 

24 until September 30, 2026, shall be for procurement; and 

25 of which $2,156,848,000 (increased by $2,000,000) (in-
46 

•HR 4365 EH

1 creased by $5,000,000) (increased by $10,000,000) (in2 creased by $7,000,000) (increased by $7,800,000) (in3 creased by $200,000) (increased by $3,000,000) (reduced 

4 by $15,000,000) (increased by $15,000,000), to remain 

5 available for obligation until September 30, 2025, shall be 

6 for research, development, test and evaluation: Provided, 

7 That, notwithstanding any other provision of law, of the 

8 amount made available under this heading for research, 

9 development, test and evaluation, not less than 

10 $12,000,000 shall be available for HIV prevention edu11 cational activities undertaken in connection with United 

12 States military training, exercises, and humanitarian as13 sistance activities conducted primarily in African nations: 

14 Provided further, That of the funds provided under this 

15 heading for research, development, test and evaluation, 

16 not less than $1,154,000,000 (increased by $2,000,000) 

17 (reduced by $842,000) (increased by $842,000) (increased 

18 by $9,000,000) (reduced by $9,000,000) shall be made 

19 available to the Defense Health Agency to carry out the 

20 congressionally directed medical research programs: Pro21 vided further, That the Secretary of Defense shall submit 

22 to the congressional defense committees quarterly reports 

23 on the current status of the electronic health record pro24 gram: Provided further, That the Comptroller General of 
47 

•HR 4365 EH

1 the United States shall perform quarterly performance re2 views of the electronic health record program. 

3 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

4 DEFENSE

5 For expenses, not otherwise provided for, necessary 

6 for the destruction of the United States stockpile of lethal 

7 chemical agents and munitions in accordance with the pro8 visions of section 1412 of the Department of Defense Au9 thorization Act, 1986 (50 U.S.C. 1521), and for the de10 struction of other chemical warfare materials that are not 

11 in the chemical weapon stockpile, $1,091,844,000, of 

12 which $89,284,000 shall be for operation and mainte13 nance, of which no less than $57,875,000 shall be for the 

14 Chemical Stockpile Emergency Preparedness Program, 

15 consisting of $23,676,000 for activities on military instal16 lations and $34,199,000, to remain available until Sep17 tember 30, 2025, to assist State and local governments; 

18 and $1,002,560,000, to remain available until September 

19 30, 2025, shall be for research, development, test and eval20 uation, of which $1,000,467,000 shall only be for the As21 sembled Chemical Weapons Alternatives program. 
48 

•HR 4365 EH

1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for oper9 ation and maintenance; for procurement; and for research, 

10 development, test and evaluation, $1,162,161,000 (in11 creased by $3,000,000) (increased by $3,000,000) (in12 creased by $5,000,000), of which $693,848,000 (increased 

13 by $3,000,000) (increased by $5,000,000) shall be for 

14 counter-narcotics support; $138,313,000 shall be for the 

15 drug demand reduction program; $300,000,000 (increased 

16 by $3,000,000) shall be for the National Guard counter17 drug program; and $30,000,000 shall be for the National 

18 Guard counter-drug schools program: Provided, That the 

19 funds appropriated under this heading shall be available 

20 for obligation for the same time period and for the same 

21 purpose as the appropriation to which transferred: Pro22 vided further, That upon a determination that all or part 

23 of the funds transferred from this appropriation are not 

24 necessary for the purposes provided herein, such amounts 

25 may be transferred back to this appropriation: Provided 
49 

•HR 4365 EH

1 further, That the transfer authority provided under this 

2 heading is in addition to any other transfer authority con3 tained elsewhere in this Act: Provided further, That funds 

4 appropriated under this heading may be used to support 

5 a new start program or project only after written prior 

6 notification to the Committees on Appropriations of the 

7 House of Representatives and the Senate. 

8 OFFICE OF THE INSPECTOR GENERAL

9 For expenses and activities of the Office of the In10 spector General in carrying out the provisions of the In11 spector General Act of 1978, as amended, $506,629,000 

12 (reduced by $5,000,000) (reduced by $20,000,000) (in13 creased by $20,000,000), of which $502,131,000 (reduced 

14 by $5,000,000) shall be for operation and maintenance, 

15 of which not to exceed $700,000 is available for emer16 gencies and extraordinary expenses to be expended upon 

17 the approval or authority of the Inspector General, and 

18 payments may be made upon the Inspector General’s cer19 tificate of necessity for confidential military purposes; of 

20 which $1,098,000, to remain available for obligation until 

21 September 30, 2026, shall be for procurement; and of 

22 which $3,400,000, to remain available until September 30, 

23 2025, shall be for research, development, test and evalua24 tion. 
50 

•HR 4365 EH

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, $608,820,000. 
51 

•HR 4365 EH

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. 
52 

•HR 4365 EH

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 
53 

•HR 4365 EH

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, 2024: 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 Explanation of Project Level Adjustments in 
54 

•HR 4365 EH

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 are hereby required by 

6 law to be carried out in the manner provided by such ta7 bles to the same extent as if the tables were included in 

8 the text of this Act. 

9 (b) Amounts specified in the referenced tables de10 scribed in subsection (a) shall not be treated as subdivi11 sions of appropriations for purposes of section 8005 of this 

12 Act: Provided, That section 8005 shall apply when trans13 fers of the amounts described in subsection (a) occur be14 tween appropriation accounts. 

15 SEC. 8007. (a) Not later than 60 days after the date 

16 of the enactment of this Act, the Department of Defense 

17 shall submit a report to the congressional defense commit18 tees to establish the baseline for application of reprogram19 ming and transfer authorities for fiscal year 2024: Pro20 vided, That the report shall include— 

21 (1) a table for each appropriation with a sepa22 rate column to display the President’s budget re23 quest, adjustments made by Congress, adjustments 

24 due to enacted rescissions, if appropriate, and the 

25 fiscal year enacted level; 
55 

•HR 4365 EH

1 (2) a delineation in the table for each appro2 priation both by budget activity and program, 

3 project, and activity as detailed in the Budget Ap4 pendix; and 

5 (3) an identification of items of special congres6 sional interest. 

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

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

9 reprogramming or transfer until the report identified in 

10 subsection (a) is submitted to the congressional defense 

11 committees, unless the Secretary of Defense certifies in 

12 writing to the congressional defense committees that such 

13 reprogramming or transfer is necessary as an emergency 

14 requirement: Provided, That this subsection shall not 

15 apply to transfers from the following appropriations ac16 counts: 

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

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

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

20 (4) ‘‘Environmental Restoration, Defense21 Wide’’; 

22 (5) ‘‘Environmental Restoration, Formerly 

23 Used Defense Sites’’; and 

24 (6) ‘‘Drug Interdiction and Counter-drug Ac25 tivities, Defense’’. 
56 

•HR 4365 EH

1 (TRANSFER OF FUNDS)

2 SEC. 8008. During the current fiscal year, cash bal3 ances in working capital funds of the Department of De4 fense established pursuant to section 2208 of title 10, 

5 United States Code, may be maintained in only such 

6 amounts as are necessary at any time for cash disburse7 ments to be made from such funds: Provided, That trans8 fers may be made between such funds: Provided further, 

9 That transfers may be made between working capital 

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

11 appropriation and the ‘‘Operation and Maintenance’’ ap12 propriation accounts in such amounts as may be deter13 mined by the Secretary of Defense, with the approval of 

14 the Office of Management and Budget, except that such 

15 transfers may not be made unless the Secretary of Defense 

16 has notified the Congress of the proposed transfer: Pro17 vided further, That except in amounts equal to the 

18 amounts appropriated to working capital funds in this Act, 

19 no obligations may be made against a working capital fund 

20 to procure or increase the value of war reserve material 

21 inventory, unless the Secretary of Defense has notified the 

22 Congress prior to any such obligation. 

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

24 be used to initiate a special access program without prior 
57 

•HR 4365 EH

1 notification 30 calendar days in advance to the congres2 sional defense committees. 

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

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

5 employs economic order quantity procurement in excess of 

6 $20,000,000 in any one year of the contract or that in7 cludes an unfunded contingent liability in excess of 

8 $20,000,000; or (2) a contract for advance procurement 

9 leading to a multiyear contract that employs economic 

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

11 any one year, unless the congressional defense committees 

12 have been notified at least 30 days in advance of the pro13 posed contract award: Provided, That no part of any ap14 propriation contained in this Act shall be available to ini15 tiate a multiyear contract for which the economic order 

16 quantity advance procurement is not funded at least to 

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

18 That no part of any appropriation contained in this Act 

19 shall be available to initiate multiyear procurement con20 tracts for any systems or component thereof if the value 

21 of the multiyear contract would exceed $500,000,000 un22 less specifically provided in this Act: Provided further, 

23 That no multiyear procurement contract can be termi24 nated without 30-day prior notification to the congres25 sional defense committees: Provided further, That the exe-
58 

•HR 4365 EH

1 cution of multiyear authority shall require the use of a 

2 present value analysis to determine lowest cost compared 

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

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

5 contract executed after the date of the enactment of this 

6 Act unless in the case of any such contract— 

7 (1) the Secretary of Defense has submitted to 

8 Congress a budget request for full funding of units 

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

10 of a contract for procurement of aircraft, that in11 cludes, for any aircraft unit to be procured through 

12 the contract for which procurement funds are re13 quested in that budget request for production be14 yond advance procurement activities in the fiscal 

15 year covered by the budget, full funding of procure16 ment of such unit in that fiscal year; 

17 (2) cancellation provisions in the contract do 

18 not include consideration of recurring manufacturing 

19 costs of the contractor associated with the produc20 tion of unfunded units to be delivered under the con21 tract; 

22 (3) the contract provides that payments to the 

23 contractor under the contract shall not be made in 

24 advance of incurred costs on funded units; and 
59 

•HR 4365 EH

1 (4) the contract does not provide for a price ad2 justment based on a failure to award a follow-on 

3 contract. 

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

5 for multiyear procurement contracts for Naval Strike Mis6 sile, Guided Multiple Launch Rocket System, PATRIOT 

7 Advanced Capability-3 Missile Segment Enhancement, 

8 Long Range Anti-Ship Missile, Joint Air-to-Surface 

9 Standoff Missile, and USS Virginia Class (SSN-774). 

10 SEC. 8011. Within the funds appropriated for the op11 eration and maintenance of the Armed Forces, funds are 

12 hereby appropriated pursuant to section 401 of title 10, 

13 United States Code, for humanitarian and civic assistance 

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

15 Provided, That such funds may also be obligated for hu16 manitarian and civic assistance costs incidental to author17 ized operations and pursuant to authority granted in sec18 tion 401 of title 10, United States Code, and these obliga19 tions shall be reported as required by section 401(d) of 

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

21 available for operation and maintenance shall be available 

22 for providing humanitarian and similar assistance by 

23 using Civic Action Teams in the Trust Territories of the 

24 Pacific Islands and freely associated states of Micronesia, 

25 pursuant to the Compact of Free Association as author-
60 

•HR 4365 EH

1 ized by Public Law 99–239: Provided further, That upon 

2 a determination by the Secretary of the Army that such 

3 action is beneficial for graduate medical education pro4 grams conducted at Army medical facilities located in Ha5 waii, the Secretary of the Army may authorize the provi6 sion of medical services at such facilities and transpor7 tation to such facilities, on a nonreimbursable basis, for 

8 civilian patients from American Samoa, the Common9 wealth of the Northern Mariana Islands, the Marshall Is10 lands, the Federated States of Micronesia, Palau, and 

11 Guam. 

12 SEC. 8012. None of the funds made available by this 

13 Act shall be used in any way, directly or indirectly, to in14 fluence congressional action on any legislation or appro15 priation matters pending before the Congress. 

16 SEC. 8013. None of the funds available in this Act 

17 to the Department of Defense, other than appropriations 

18 made for necessary or routine refurbishments, upgrades, 

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

20 prepare to reduce the number of deployed and non-de21 ployed strategic delivery vehicles and launchers below the 

22 levels set forth in the report submitted to Congress in ac23 cordance with section 1042 of the National Defense Au24 thorization Act for Fiscal Year 2012. 
61 

•HR 4365 EH

1 (TRANSFER OF FUNDS)

2 SEC. 8014. (a) Funds appropriated in title III of this 

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

4 Program may be transferred to any other appropriation 

5 contained in this Act solely for the purpose of imple6 menting a Mentor-Prote ́ge ́ Program developmental assist7 ance agreement pursuant to section 831 of the National 

8 Defense Authorization Act for Fiscal Year 1991 (Public 

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

10 the authority of this provision or any other transfer au11 thority contained in this Act. 

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

13 budget justification documents in support of the budget 

14 for fiscal year 2025 (as submitted to Congress pursuant 

15 to section 1105 of title 31, United States Code) a descrip16 tion of each transfer under this section that occurred dur17 ing the last fiscal year before the fiscal year in which such 

18 budget is submitted. 

19 SEC. 8015. None of the funds in this Act may be 

20 available for the purchase by the Department of Defense 

21 (and its departments and agencies) of welded shipboard 

22 anchor and mooring chain unless the anchor and mooring 

23 chain are manufactured in the United States from compo24 nents which are substantially manufactured in the United 

25 States: Provided, That for the purpose of this section, the 
62 

•HR 4365 EH

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

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

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

4 for the purpose of this section substantially all of the com5 ponents of anchor and mooring chain shall be considered 

6 to be produced or manufactured in the United States if 

7 the aggregate cost of the components produced or manu8 factured in the United States exceeds the aggregate cost 

9 of the components produced or manufactured outside the 

10 United States: Provided further, That when adequate do11 mestic supplies are not available to meet Department of 

12 Defense requirements on a timely basis, the Secretary of 

13 the Service responsible for the procurement may waive this 

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

15 to the Committees on Appropriations of the House of Rep16 resentatives and the Senate that such an acquisition must 

17 be made in order to acquire capability for national security 

18 purposes. 

19 SEC. 8016. None of the funds appropriated by this 

20 Act shall be used for the support of any nonappropriated 

21 funds activity of the Department of Defense that procures 

22 malt beverages and wine with nonappropriated funds for 

23 resale (including such alcoholic beverages sold by the 

24 drink) on a military installation located in the United 

25 States unless such malt beverages and wine are procured 
63 

•HR 4365 EH

1 within that State, or in the case of the District of Colum2 bia, within the District of Columbia, in which the military 

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

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

5 purchases may be made in any State in which the installa6 tion is located: Provided further, That such local procure7 ment requirements for malt beverages and wine shall 

8 apply to all alcoholic beverages only for military installa9 tions in States which are not contiguous with another 

10 State: Provided further, That alcoholic beverages other 

11 than wine and malt beverages, in contiguous States and 

12 the District of Columbia shall be procured from the most 

13 competitive source, price and other factors considered. 

14 SEC. 8017. None of the funds available to the De15 partment of Defense may be used to demilitarize or dis16 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

17 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

18 to demilitarize or destroy small arms ammunition or am19 munition components that are not otherwise prohibited 

20 from commercial sale under Federal law, unless the small 

21 arms ammunition or ammunition components are certified 

22 by the Secretary of the Army or designee as unserviceable 

23 or unsafe for further use. 

24 SEC. 8018. No more than $500,000 of the funds ap25 propriated or made available in this Act shall be used dur-
64 

•HR 4365 EH

1 ing a single fiscal year for any single relocation of an orga2 nization, unit, activity or function of the Department of 

3 Defense into or within the National Capital Region: Pro4 vided, That the Secretary of Defense may waive this re5 striction on a case-by-case basis by certifying in writing 

6 to the congressional defense committees that such a relo7 cation is required in the best interest of the Government. 

8 SEC. 8019. In addition to the funds provided else9 where in this Act, $25,000,000 is appropriated only for 

10 incentive payments authorized by section 504 of the In11 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

12 That a prime contractor or a subcontractor at any tier 

13 that makes a subcontract award to any subcontractor or 

14 supplier as defined in section 1544 of title 25, United 

15 States Code, or a small business owned and controlled by 

16 an individual or individuals defined under section 4221(9) 

17 of title 25, United States Code, shall be considered a con18 tractor for the purposes of being allowed additional com19 pensation under section 504 of the Indian Financing Act 

20 of 1974 (25 U.S.C. 1544) whenever the prime contract 

21 or subcontract amount is over $500,000 and involves the 

22 expenditure of funds appropriated by an Act making ap23 propriations for the Department of Defense with respect 

24 to any fiscal year: Provided further, That notwithstanding 

25 section 1906 of title 41, United States Code, this section 
65 

•HR 4365 EH

1 shall be applicable to any Department of Defense acquisi2 tion of supplies or services, including any contract and any 

3 subcontract at any tier for acquisition of commercial items 

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

5 subcontractor or supplier defined in section 1544 of title 

6 25, United States Code, or a small business owned and 

7 controlled by an individual or individuals defined under 

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

9 SEC. 8020. (a) Notwithstanding any other provision 

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

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

12 tribes located in the States of Nevada, Idaho, North Da13 kota, South Dakota, Montana, Oregon, Minnesota, and 

14 Washington relocatable military housing units located at 

15 Grand Forks Air Force Base, Malmstrom Air Force Base, 

16 Mountain Home Air Force Base, Ellsworth Air Force 

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

18 needs of the Air Force. 

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

20 no cost to the Air Force, military housing units under sub21 section (a) in accordance with the request for such units 

22 that are submitted to the Secretary by the Operation 

23 Walking Shield Program on behalf of Indian tribes located 

24 in the States of Nevada, Idaho, North Dakota, South Da25 kota, Montana, Oregon, Minnesota, and Washington. Any 
66 

•HR 4365 EH

1 such conveyance shall be subject to the condition that the 

2 housing units shall be removed within a reasonable period 

3 of time, as determined by the Secretary. 

4 (c) The Operation Walking Shield Program shall re5 solve any conflicts among requests of Indian tribes for 

6 housing units under subsection (a) before submitting re7 quests to the Secretary of the Air Force under subsection 

8 (b). 

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

10 any recognized Indian tribe included on the current list 

11 published by the Secretary of the Interior under section 

12 104 of the Federally Recognized Indian Tribe Act of 1994 

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

14 SEC. 8021. Of the funds appropriated to the Depart15 ment of Defense under the heading ‘‘Operation and Main16 tenance, Defense-Wide’’, not less than $20,000,000 shall 

17 be made available only for the mitigation of environmental 

18 impacts, including training and technical assistance to 

19 tribes, related administrative support, the gathering of in20 formation, documenting of environmental damage, and de21 veloping a system for prioritization of mitigation and cost 

22 to complete estimates for mitigation, on Indian lands re23 sulting from Department of Defense activities. 
67 

•HR 4365 EH

1 SEC. 8022. Funds appropriated by this Act for the 

2 Defense Media Activity shall not be used for any national 

3 or international political or psychological activities. 

4 SEC. 8023. (a) Of the funds made available in this 

5 Act, not less than $68,100,000 shall be available for the 

6 Civil Air Patrol Corporation, of which— 

7 (1) $55,100,000 shall be available from ‘‘Oper8 ation and Maintenance, Air Force’’ to support Civil 

9 Air Patrol Corporation operation and maintenance, 

10 readiness, counter-drug activities, and drug demand 

11 reduction activities involving youth programs; 

12 (2) $11,000,000 shall be available from ‘‘Air13 craft Procurement, Air Force’’; and 

14 (3) $2,000,000 shall be available from ‘‘Other 

15 Procurement, Air Force’’ for vehicle procurement. 

16 (b) The Secretary of the Air Force should waive reim17 bursement for any funds used by the Civil Air Patrol for 

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

19 local government agencies. 

20 SEC. 8024. (a) None of the funds appropriated in this 

21 Act are available to establish a new Department of De22 fense (department) federally funded research and develop23 ment center (FFRDC), either as a new entity, or as a 

24 separate entity administrated by an organization man25 aging another FFRDC, or as a nonprofit membership cor-
68 

•HR 4365 EH

1 poration consisting of a consortium of other FFRDCs and 

2 other nonprofit entities. 

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

4 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

6 and no paid consultant to any defense FFRDC, except 

7 when acting in a technical advisory capacity, may be com8 pensated for his or her services as a member of such enti9 ty, or as a paid consultant by more than one FFRDC in 

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

11 referred to previously in this subsection shall be allowed 

12 travel expenses and per diem as authorized under the Fed13 eral Joint Travel Regulations, when engaged in the per14 formance of membership duties. 

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

16 of the funds available to the Department from any source 

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

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

19 construction of new buildings not located on a military in20 stallation, for payment of cost sharing for projects funded 

21 by Government grants, for absorption of contract over22 runs, or for certain charitable contributions, not to include 

23 employee participation in community service and/or devel24 opment. 
69 

•HR 4365 EH

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

2 the funds available to the department during fiscal year 

3 2024, not more than $2,885,000,000 may be funded for 

4 professional technical staff-related costs of the defense 

5 FFRDCs: Provided, That within such funds, not more 

6 than $456,803,000 shall be available for the defense stud7 ies and analysis FFRDCs: Provided further, That this sub8 section shall not apply to staff years funded in the Na9 tional Intelligence Program and the Military Intelligence 

10 Program: Provided further, That the Secretary of Defense 

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

12 2025 budget request, submit a report presenting the spe13 cific amounts of staff years of technical effort to be allo14 cated for each defense FFRDC by program during that 

15 fiscal year and the associated budget estimates, by appro16 priation account and program: Provided further, That this 

17 subsection shall not apply to appropriations for the Na18 tional Intelligence Program and Military Intelligence Pro19 gram. 

20 SEC. 8025. For the purposes of this Act, the term 

21 ‘‘congressional defense committees’’ means the Armed 

22 Services Committee of the House of Representatives, the 

23 Armed Services Committee of the Senate, the Sub24 committee on Defense of the Committee on Appropriations 

25 of the Senate, and the Subcommittee on Defense of the 
70 

•HR 4365 EH

1 Committee on Appropriations of the House of Representa2 tives. 

3 SEC. 8026. For the purposes of this Act, the term 

4 ‘‘congressional intelligence committees’’ means the Perma5 nent Select Committee on Intelligence of the House of 

6 Representatives, the Select Committee on Intelligence of 

7 the Senate, the Subcommittee on Defense of the Com8 mittee on Appropriations of the House of Representatives, 

9 and the Subcommittee on Defense of the Committee on 

10 Appropriations of the Senate. 

11 SEC. 8027. During the current fiscal year, the De12 partment of Defense may acquire the modification, depot 

13 maintenance and repair of aircraft, vehicles and vessels 

14 as well as the production of components and other De15 fense-related articles, through competition between De16 partment of Defense depot maintenance activities and pri17 vate firms: Provided, That the Senior Acquisition Execu18 tive of the military department or Defense Agency con19 cerned, with power of delegation, shall certify that success20 ful bids include comparable estimates of all direct and in21 direct costs for both public and private bids: Provided fur22 ther, That Office of Management and Budget Circular A– 

23 76 shall not apply to competitions conducted under this 

24 section. 
71 

•HR 4365 EH

1 SEC. 8028. (a) None of the funds appropriated in this 

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

3 Defense unless the entity, in expending the funds, com4 plies with the Buy American Act. For purposes of this 

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

6 83 of title 41, United States Code. 

7 (b) If the Secretary of Defense determines that a per8 son has been convicted of intentionally affixing a label 

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

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

11 in America, the Secretary shall determine, in accordance 

12 with section 4658 of title 10, United States Code, whether 

13 the person should be debarred from contracting with the 

14 Department of Defense. 

15 (c) In the case of any equipment or products pur16 chased with appropriations provided under this Act, it is 

17 the sense of the Congress that any entity of the Depart18 ment of Defense, in expending the appropriation, purchase 

19 only American-made equipment and products, provided 

20 that American-made equipment and products are cost21 competitive, quality competitive, and available in a timely 

22 fashion. 

23 SEC. 8029. None of the funds appropriated or made 

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

25 or armor steel plate for use in any Government-owned fa-
72 

•HR 4365 EH

1 cility or property under the control of the Department of 

2 Defense which were not melted and rolled in the United 

3 States or Canada: Provided, That these procurement re4 strictions shall apply to any and all Federal Supply Class 

5 9515, American Society of Testing and Materials (ASTM) 

6 or American Iron and Steel Institute (AISI) specifications 

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

8 That the Secretary of the military department responsible 

9 for the procurement may waive this restriction on a case10 by-case basis by certifying in writing to the Committees 

11 on Appropriations of the House of Representatives and the 

12 Senate that adequate domestic supplies are not available 

13 to meet Department of Defense requirements on a timely 

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

15 to acquire capability for national security purposes: Pro16 vided further, That these restrictions shall not apply to 

17 contracts which are in being as of the date of the enact18 ment of this Act. 

19 SEC. 8030. (a)(1) If the Secretary of Defense, after 

20 consultation with the United States Trade Representative, 

21 determines that a foreign country which is party to an 

22 agreement described in paragraph (2) has violated the 

23 terms of the agreement by discriminating against certain 

24 types of products produced in the United States that are 

25 covered by the agreement, the Secretary of Defense shall 
73 

•HR 4365 EH

1 rescind the Secretary’s blanket waiver of the Buy Amer2 ican Act with respect to such types of products produced 

3 in that foreign country. 

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

5 reciprocal defense procurement memorandum of under6 standing, between the United States and a foreign country 

7 pursuant to which the Secretary of Defense has prospec8 tively waived the Buy American Act for certain products 

9 in that country. 

10 (b) The Secretary of Defense shall submit to the Con11 gress a report on the amount of Department of Defense 

12 purchases from foreign entities in fiscal year 2024. Such 

13 report shall separately indicate the dollar value of items 

14 for which the Buy American Act was waived pursuant to 

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

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

17 international agreement to which the United States is a 

18 party. 

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

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

21 States Code. 

22 SEC. 8031. None of the funds appropriated by this 

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

24 bearings other than those produced by a domestic source 

25 and of domestic origin: Provided, That the Secretary of 
74 

•HR 4365 EH

1 the military department responsible for such procurement 

2 may waive this restriction on a case-by-case basis by certi3 fying in writing to the Committees on Appropriations of 

4 the House of Representatives and the Senate, that ade5 quate domestic supplies are not available to meet Depart6 ment of Defense requirements on a timely basis and that 

7 such an acquisition must be made in order to acquire ca8 pability for national security purposes: Provided further, 

9 That this restriction shall not apply to the purchase of 

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

11 41, United States Code, except that the restriction shall 

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

13 SEC. 8032. None of the funds in this Act may be 

14 used to purchase any supercomputer which is not manu15 factured in the United States, unless the Secretary of De16 fense certifies to the congressional defense committees 

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

18 capability for national security purposes that is not avail19 able from United States manufacturers. 

20 SEC. 8033. (a) The Secretary of Defense may, on a 

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

22 each limitation on the procurement of defense items from 

23 foreign sources provided in law if the Secretary determines 

24 that the application of the limitation with respect to that 

25 country would invalidate cooperative programs entered 
75 

•HR 4365 EH

1 into between the Department of Defense and the foreign 

2 country, or would invalidate reciprocal trade agreements 

3 for the procurement of defense items entered into under 

4 section 4851 of title 10, United States Code, and the 

5 country does not discriminate against the same or similar 

6 defense items produced in the United States for that coun7 try. 

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

9 (1) contracts and subcontracts entered into on 

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

11 (2) options for the procurement of items that 

12 are exercised after such date under contracts that 

13 are entered into before such date if the option prices 

14 are adjusted for any reason other than the applica15 tion of a waiver granted under subsection (a). 

16 (c) Subsection (a) does not apply to a limitation re17 garding construction of public vessels, ball and roller bear18 ings, food, and clothing or textile materials as defined by 

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

20 Schedule of the United States and products classified 

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

22 6505, 7019, 7218 through 7229, 7304.41 through 

23 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

24 8211, 8215, and 9404. 
76 

•HR 4365 EH

1 SEC. 8034. None of the funds made available in this 

2 Act, or any subsequent Act making appropriations for the 

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

4 manufacture of a flag of the United States unless such 

5 flags are treated as covered items under section 4862(b) 

6 of title 10, United States Code. 

7 SEC. 8035. During the current fiscal year, amounts 

8 contained in the Department of Defense Overseas Military 

9 Facility Investment Recovery Account shall be available 

10 until expended for the payments specified by section 

11 2687a(b)(2) of title 10, United States Code. 

12 SEC. 8036. During the current fiscal year, appropria13 tions which are available to the Department of Defense 

14 for operation and maintenance may be used to purchase 

15 items having an investment item unit cost of not more 

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

17 Secretary of Defense that such action is necessary to meet 

18 the operational requirements of a Commander of a Com19 batant Command engaged in a named contingency oper20 ation overseas, such funds may be used to purchase items 

21 having an investment item unit cost of not more than 

22 $500,000. 

23 SEC. 8037. Up to $11,000,000 of the funds appro24 priated under the heading ‘‘Operation and Maintenance, 

25 Navy’’ may be made available for the Asia Pacific Re-
77 

•HR 4365 EH

1 gional Initiative Program for the purpose of enabling the 

2 United States Indo-Pacific Command to execute Theater 

3 Security Cooperation activities such as humanitarian as4 sistance, and payment of incremental and personnel costs 

5 of training and exercising with foreign security forces: 

6 Provided, That funds made available for this purpose may 

7 be used, notwithstanding any other funding authorities for 

8 humanitarian assistance, security assistance or combined 

9 exercise expenses: Provided further, That funds may not 

10 be obligated to provide assistance to any foreign country 

11 that is otherwise prohibited from receiving such type of 

12 assistance under any other provision of law. 

13 SEC. 8038. The Secretary of Defense shall issue reg14 ulations to prohibit the sale of any tobacco or tobacco15 related products in military resale outlets in the United 

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

17 most competitive price in the local community: Provided, 

18 That such regulations shall direct that the prices of to19 bacco or tobacco-related products in overseas military re20 tail outlets shall be within the range of prices established 

21 for military retail system stores located in the United 

22 States. 

23 SEC. 8039. (a) During the current fiscal year, none 

24 of the appropriations or funds available to the Department 

25 of Defense Working Capital Funds shall be used for the 
78 

•HR 4365 EH

1 purchase of an investment item for the purpose of acquir2 ing a new inventory item for sale or anticipated sale dur3 ing the current fiscal year or a subsequent fiscal year to 

4 customers of the Department of Defense Working Capital 

5 Funds if such an item would not have been chargeable 

6 to the Department of Defense Business Operations Fund 

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

8 investment item would be chargeable during the current 

9 fiscal year to appropriations made to the Department of 

10 Defense for procurement. 

11 (b) The fiscal year 2025 budget request for the De12 partment of Defense as well as all justification material 

13 and other documentation supporting the fiscal year 2025 

14 Department of Defense budget shall be prepared and sub15 mitted to the Congress on the basis that any equipment 

16 which was classified as an end item and funded in a pro17 curement appropriation contained in this Act shall be 

18 budgeted for in a proposed fiscal year 2025 procurement 

19 appropriation and not in the supply management business 

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

21 Defense Working Capital Funds. 

22 SEC. 8040. None of the funds appropriated by this 

23 Act for programs of the Central Intelligence Agency shall 

24 remain available for obligation beyond the current fiscal 

25 year, except for funds appropriated for the Reserve for 
79 

•HR 4365 EH

1 Contingencies, which shall remain available until Sep2 tember 30, 2025: Provided, That funds appropriated, 

3 transferred, or otherwise credited to the Central Intel4 ligence Agency Central Services Working Capital Fund 

5 during this or any prior or subsequent fiscal year shall 

6 remain available until expended: Provided further, That 

7 any funds appropriated or transferred to the Central Intel8 ligence Agency for advanced research and development ac9 quisition, for agent operations, and for covert action pro10 grams authorized by the President under section 503 of 

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

12 remain available until September 30, 2025: Provided fur13 ther, That any funds appropriated or transferred to the 

14 Central Intelligence Agency for the construction, improve15 ment, or alteration of facilities, including leased facilities, 

16 to be used primarily by personnel of the intelligence com17 munity, shall remain available until September 30, 2026. 

18 SEC. 8041. (a) Except as provided in subsections (b) 

19 and (c), none of the funds made available by this Act may 

20 be used— 

21 (1) to establish a field operating agency; or 

22 (2) to pay the basic pay of a member of the 

23 Armed Forces or civilian employee of the depart24 ment who is transferred or reassigned from a head-
80 

•HR 4365 EH

1 quarters activity if the member or employee’s place 

2 of duty remains at the location of that headquarters. 

3 (b) The Secretary of Defense or Secretary of a mili4 tary department may waive the limitations in subsection 

5 (a), on a case-by-case basis, if the Secretary determines, 

6 and certifies to the Committees on Appropriations of the 

7 House of Representatives and the Senate that the grant8 ing of the waiver will reduce the personnel requirements 

9 or the financial requirements of the department. 

10 (c) This section does not apply to— 

11 (1) field operating agencies funded within the 

12 National Intelligence Program; 

13 (2) an Army field operating agency established 

14 to eliminate, mitigate, or counter the effects of im15 provised explosive devices, and, as determined by the 

16 Secretary of the Army, other similar threats; 

17 (3) an Army field operating agency established 

18 to improve the effectiveness and efficiencies of bio19 metric activities and to integrate common biometric 

20 technologies throughout the Department of Defense; 

21 or 

22 (4) an Air Force field operating agency estab23 lished to administer the Air Force Mortuary Affairs 

24 Program and Mortuary Operations for the Depart25 ment of Defense and authorized Federal entities. 
81 

•HR 4365 EH

1 SEC. 8042. (a) None of the funds appropriated by 

2 this Act shall be available to convert to contractor per3 formance an activity or function of the Department of De4 fense that, on or after the date of the enactment of this 

5 Act, is performed by Department of Defense civilian em6 ployees unless— 

7 (1) the conversion is based on the result of a 

8 public-private competition that includes a most effi9 cient and cost effective organization plan developed 

10 by such activity or function; 

11 (2) the Competitive Sourcing Official deter12 mines that, over all performance periods stated in 

13 the solicitation of offers for performance of the ac14 tivity or function, the cost of performance of the ac15 tivity or function by a contractor would be less costly 

16 to the Department of Defense by an amount that 

17 equals or exceeds the lesser of— 

18 (A) 10 percent of the most efficient organi19 zation’s personnel-related costs for performance 

20 of that activity or function by Federal employ21 ees; or 

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

23 (3) the contractor does not receive an advan24 tage for a proposal that would reduce costs for the 

25 Department of Defense by— 
82 

•HR 4365 EH

1 (A) not making an employer-sponsored 

2 health insurance plan available to the workers 

3 who are to be employed in the performance of 

4 that activity or function under the contract; or 

5 (B) offering to such workers an employer6 sponsored health benefits plan that requires the 

7 employer to contribute less towards the pre8 mium or subscription share than the amount 

9 that is paid by the Department of Defense for 

10 health benefits for civilian employees under 

11 chapter 89 of title 5, United States 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 
83 

•HR 4365 EH

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. 8043. Of the funds appropriated in Department 

24 of Defense Appropriations Acts, the following funds are 

25 hereby rescinded from the following accounts and pro-
84 

•HR 4365 EH

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 ‘‘Missile Procurement, Army’’, 2022/2024, 

8 $9,093,000; 

9 ‘‘Procurement of Weapons and Tracked Combat 

10 Vehicles, Army’’, 2022/2024, $1,900,000; 

11 ‘‘Other Procurement, Army’’, 2022/2024, 

12 $44,681,000; 

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

14 $1,428,000; 

15 ‘‘Weapons Procurement, Navy’’, 2022/2024, 

16 $13,058,000; 

17 ‘‘Procurement of Ammunition, Navy and Ma18 rine Corps’’, 2022/2024, $1,012,000; 

19 ‘‘Other Procurement, Navy’’, 2022/2024, 

20 $2,975,000; 

21 ‘‘Cooperative Threat Reduction Account’’, 

22 2022/2024, $75,000,000; 

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

24 2023/2024, $75,000,000; 
85 

•HR 4365 EH

1 ‘‘Counter-ISIS Train and Equip Fund’’, 2023/ 

2 2024, $50,000,000; 

3 ‘‘Other Procurement, Army’’, 2023/2025, 

4 $4,066,000; 

5 ‘‘Aircraft Procurement, Navy’’, 2023/2025, 

6 $10,033,000; 

7 ‘‘Weapons Procurement, Navy’’, 2023/2025, 

8 $53,139,000; 

9 ‘‘Other Procurement, Navy’’, 2023/2025, 

10 $1,550,000; 

11 ‘‘Procurement, Marine Corps’’, 2023/2025, 

12 $155,304,000; 

13 ‘‘Other Procurement, Air Force’’, 2023/2025, 

14 $45,000,000; 

15 ‘‘Procurement, Defense-Wide’’, 2023/2025, 

16 $32,148,000; 

17 ‘‘Research, Development, Test and Evaluation, 

18 Air Force’’, 2023/2024, $29,300,000; 

19 ‘‘Army Working Capital Fund’’, XXXX/XXXX, 

20 $100,000,000; and 

21 ‘‘Navy Working Capital Fund’’, XXXX/XXXX, 

22 $100,000,000. 

23 SEC. 8044. 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 
86 

•HR 4365 EH

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. 8045. 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. 8046. Funds appropriated in this Act for oper17 ation and maintenance of the Military Departments, Com18 batant Commands and Defense Agencies shall be available 

19 for reimbursement of pay, allowances and other expenses 

20 which would otherwise be incurred against appropriations 

21 for the National Guard and Reserve when members of the 

22 National Guard and Reserve provide intelligence or coun23 terintelligence support to Combatant Commands, Defense 

24 Agencies and Joint Intelligence Activities, including the 

25 activities and programs included within the National Intel-
87 

•HR 4365 EH

1 ligence Program and the Military Intelligence Program: 

2 Provided, That nothing in this section authorizes deviation 

3 from established Reserve and National Guard personnel 

4 and training procedures. 

5 SEC. 8047. (a) None of the funds available to the 

6 Department of Defense for any fiscal year for drug inter7 diction or counter-drug activities may be transferred to 

8 any other department or agency of the United States ex9 cept as specifically provided in an appropriations law. 

10 (b) None of the funds available to the Central Intel11 ligence Agency for any fiscal year for drug interdiction or 

12 counter-drug activities may be transferred to any other de13 partment or agency of the United States except as specifi14 cally provided in an appropriations law. 

15 SEC. 8048. In addition to the amounts appropriated 

16 or otherwise made available elsewhere in this Act, 

17 $49,000,000 is hereby appropriated to the Department of 

18 Defense: Provided, That upon the determination of the 

19 Secretary of Defense that it shall serve the national inter20 est, the Secretary shall make grants in the amounts speci21 fied as follows: $24,000,000 to the United Service Organi22 zations and $25,000,000 to the Red Cross: Provided fur23 ther, That none of the funds appropriated or otherwise 

24 made available by this section may be used to encourage, 
88 

•HR 4365 EH

1 guide, or otherwise assist in migration towards the United 

2 States southwest border. 

3 SEC. 8049. Notwithstanding any other provision in 

4 this Act, the Small Business Innovation Research program 

5 and the Small Business Technology Transfer program set6 asides shall be taken proportionally from all programs, 

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

8 extramural budget. The Secretary of each military depart9 ment, the Director of each Defense Agency, and the head 

10 of each other relevant component of the Department of 

11 Defense shall submit to the congressional defense commit12 tees, concurrent with submission of the budget justifica13 tion documents to Congress pursuant to section 1105 of 

14 title 31, United States Code, a report with a detailed ac15 counting of the Small Business Innovation Research pro16 gram and the Small Business Technology Transfer pro17 gram set-asides taken from programs, projects, or activi18 ties within such department, agency, or component during 

19 the most recently completed fiscal year. 

20 SEC. 8050. None of the funds available to the De21 partment of Defense under this Act shall be obligated or 

22 expended to pay a contractor under a contract with the 

23 Department of Defense for costs of any amount paid by 

24 the contractor to an employee when— 
89 

•HR 4365 EH

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

2 excess of the normal salary paid by the contractor 

3 to the employee; and 

4 (2) such bonus is part of restructuring costs as5 sociated with a business combination. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8051. During the current fiscal year, no more 

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

9 under the heading ‘‘Operation and Maintenance, Defense10 Wide’’ may be transferred to appropriations available for 

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

12 be available for the same time period as the appropriations 

13 to which transferred, to be used in support of such per14 sonnel in connection with support and services for eligible 

15 organizations and activities outside the Department of De16 fense pursuant to section 2012 of title 10, United States 

17 Code. 

18 SEC. 8052. (a) Notwithstanding any other provision 

19 of law, the Chief of the National Guard Bureau may per20 mit the use of equipment of the National Guard Distance 

21 Learning Project by any person or entity on a space-avail22 able, reimbursable basis. The Chief of the National Guard 

23 Bureau shall establish the amount of reimbursement for 

24 such use on a case-by-case basis. 
90 

•HR 4365 EH

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

2 credited to funds available for the National Guard Dis3 tance Learning Project and be available to defray the costs 

4 associated with the use of equipment of the project under 

5 that subsection. Such funds shall be available for such 

6 purposes without fiscal year limitation. 

7 SEC. 8053. (a) None of the funds appropriated or 

8 otherwise made available by this or prior Acts may be obli9 gated or expended to retire, prepare to retire, or place in 

10 storage or on backup aircraft inventory status any C–40 

11 aircraft. 

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

13 apply to an individual C–40 aircraft that the Secretary 

14 of the Air Force determines, on a case-by-case basis, to 

15 be no longer mission capable due to a Class A mishap. 

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

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

18 shall submit to the congressional defense committees a 

19 certification in writing that the status of such aircraft is 

20 due to a Class A mishap and not due to lack of mainte21 nance, repairs, or other reasons. 

22 (d) Not later than 90 days after the date of the enact23 ment of this Act, the Secretary of Defense shall submit 

24 to the congressional defense committees a report on the 

25 necessary steps taken by the Department of Defense to 
91 

•HR 4365 EH

1 meet the travel requirements for official or representa2 tional duties of members of Congress and the Cabinet in 

3 fiscal years 2024 and 2025. 

4 SEC. 8054. (a) None of the funds appropriated in 

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

6 delivery to military forces for operational training, oper7 ational use, or inventory requirements: Provided, That this 

8 restriction does not apply to end-items used in develop9 ment, prototyping in accordance with an approved test 

10 strategy, and test activities preceding and leading to ac11 ceptance for operational use. 

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

13 appropriated in title IV of this Act exceeds the number 

14 required in an approved test strategy, the Under Secretary 

15 of Defense (Research and Engineering) and the Under 

16 Secretary of Defense (Acquisition and Sustainment), in 

17 coordination with the responsible Service Acquisition Ex18 ecutive, shall certify in writing to the congressional de19 fense committees that there is a bonafide need for the ad20 ditional end-items at the time of submittal to Congress 

21 of the budget of the President for fiscal year 2025 pursu22 ant to section 1105 of title 31, United States Code: Pro23 vided, That this restriction does not apply to programs 

24 funded within the National Intelligence Program. 
92 

•HR 4365 EH

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

2 submittal to Congress of the budget of the President for 

3 fiscal year 2025 pursuant to section 1105 of title 31, 

4 United States Code, submit to the congressional defense 

5 committees a report detailing the use of funds requested 

6 in research, development, test and evaluation accounts for 

7 end-items used in development, prototyping and test ac8 tivities preceding and leading to acceptance for operational 

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

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

11 of the statutory authorities under which amounts in the 

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

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

14 the time of the submittal to Congress of the budget of 

15 the President for fiscal year 2025 pursuant to section 

16 1105 of title 31, United States Code, submit to the con17 gressional defense committees a certification that funds 

18 requested for fiscal year 2025 in research, development, 

19 test and evaluation accounts are in compliance with this 

20 section: Provided further, That the Secretary of Defense 

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 it is 

24 in the national security interest to do so. 
93 

•HR 4365 EH

1 SEC. 8055. None of the funds appropriated or other2 wise made available by this or other Department of De3 fense Appropriations Acts may be obligated or expended 

4 for the purpose of performing repairs or maintenance to 

5 military family housing units of the Department of De6 fense, including areas in such military family housing 

7 units that may be used for the purpose of conducting offi8 cial Department of Defense business. 

9 SEC. 8056. Notwithstanding any other provision of 

10 law, funds appropriated in this Act under the heading 

11 ‘‘Research, Development, Test and Evaluation, Defense12 Wide’’ for any new start defense innovation acceleration 

13 or rapid prototyping program demonstration project with 

14 a value of more than $5,000,000 may only be obligated 

15 15 days after a report, including a description of the 

16 project, the planned acquisition and transition strategy 

17 and its estimated annual and total cost, has been provided 

18 in writing to the congressional defense committees: Pro19 vided, That the Secretary of Defense may waive this re20 striction on a case-by-case basis by certifying to the con21 gressional defense committees that it is in the national in22 terest to do so. 

23 SEC. 8057. The Secretary of Defense shall continue 

24 to provide a classified quarterly report to the Committees 

25 on Appropriations of the House of Representatives and the 
94 

•HR 4365 EH

1 Senate, Subcommittees on Defense on certain matters as 

2 directed in the classified annex accompanying this Act. 

3 SEC. 8058. Notwithstanding section 12310(b) of title 

4 10, United States Code, a servicemember who is a member 

5 of the National Guard serving on full-time National Guard 

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

7 may perform duties in support of the ground-based ele8 ments of the National Ballistic Missile Defense System. 

9 SEC. 8059. None of the funds provided in this Act 

10 may be used to transfer to any nongovernmental entity 

11 ammunition held by the Department of Defense that has 

12 a center-fire cartridge and a United States military no13 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

16 entity performing demilitarization services for the Depart17 ment of Defense under a contract that requires the entity 

18 to demonstrate to the satisfaction of the Department of 

19 Defense that armor piercing projectiles are either: (1) ren20 dered incapable of reuse by the demilitarization process; 

21 or (2) used to manufacture ammunition pursuant to a con22 tract with the Department of Defense or the manufacture 

23 of ammunition for export pursuant to a License for Per24 manent Export of Unclassified Military Articles issued by 

25 the Department of State. 
95 

•HR 4365 EH

1 SEC. 8060. Notwithstanding any other provision of 

2 law, the Chief of the National Guard Bureau, or their des3 ignee, may waive payment of all or part of the consider4 ation that otherwise would be required under section 2667 

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

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

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

8 United States Code, or any other youth, social, or fra9 ternal nonprofit organization as may be approved by the 

10 Chief of the National Guard Bureau, or their designee, 

11 on a case-by-case basis. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8061. Of the amounts appropriated in this Act 

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

15 $175,943,968 shall remain available until expended: Pro16 vided, That, notwithstanding any other provision of law, 

17 the Secretary of Defense is authorized to transfer such 

18 funds to other activities of the Federal Government: Pro19 vided further, That the Secretary of Defense is authorized 

20 to enter into and carry out contracts for the acquisition 

21 of real property, construction, personal services, and oper22 ations related to projects carrying out the purposes of this 

23 section: Provided further, That contracts entered into 

24 under the authority of this section may provide for such 

25 indemnification as the Secretary determines to be nec-
96 

•HR 4365 EH

1 essary: Provided further, That projects authorized by this 

2 section shall comply with applicable Federal, State, and 

3 local law to the maximum extent consistent with the na4 tional security, as determined by the Secretary of Defense. 

5 SEC. 8062. (a) None of the funds appropriated in this 

6 or any other Act may be used to take any action to mod7 ify— 

8 (1) the appropriations account structure for the 

9 National Intelligence Program budget, including 

10 through the creation of a new appropriation or new 

11 appropriation account; 

12 (2) how the National Intelligence Program 

13 budget request is presented in the unclassified P–1, 

14 R–1, and O–1 documents supporting the Depart15 ment of Defense budget request; 

16 (3) the process by which the National Intel17 ligence Program appropriations are apportioned to 

18 the executing agencies; or 

19 (4) the process by which the National Intel20 ligence Program appropriations are allotted, obli21 gated and disbursed. 

22 (b) Nothing in subsection (a) shall be construed to 

23 prohibit the merger of programs or changes to the Na24 tional Intelligence Program budget at or below the Ex-
97 

•HR 4365 EH

1 penditure Center level, provided such change is otherwise 

2 in accordance with paragraphs (1)–(3) of subsection (a). 

3 (c) The Director of National Intelligence and the Sec4 retary of Defense may jointly, only for the purposes of 

5 achieving auditable financial statements and improving 

6 fiscal reporting, study and develop detailed proposals for 

7 alternative financial management processes. Such study 

8 shall include a comprehensive counterintelligence risk as9 sessment to ensure that none of the alternative processes 

10 will adversely affect counterintelligence. 

11 (d) Upon development of the detailed proposals de12 fined under subsection (c), the Director of National Intel13 ligence and the Secretary of Defense shall— 

14 (1) provide the proposed alternatives to all af15 fected agencies; 

16 (2) receive certification from all affected agen17 cies attesting that the proposed alternatives will help 

18 achieve auditability, improve fiscal reporting, and 

19 will not adversely affect counterintelligence; and 

20 (3) not later than 30 days after receiving all 

21 necessary certifications under paragraph (2), present 

22 the proposed alternatives and certifications to the 

23 congressional defense and intelligence committees. 
98 

•HR 4365 EH

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8063. 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. 8064. In addition to amounts provided else12 where in this Act, $5,000,000 is hereby appropriated to 

13 the Department of Defense, to remain available for obliga14 tion until expended: Provided, That notwithstanding any 

15 other provision of law, that upon the determination of the 

16 Secretary of Defense that it shall serve the national inter17 est, these funds shall be available only for a grant to the 

18 Fisher House Foundation, Inc., only for the construction 

19 and furnishing of additional Fisher Houses to meet the 

20 needs of military family members when confronted with 

21 the illness or hospitalization of an eligible military bene22 ficiary. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8065. Of the amounts appropriated for ‘‘Oper25 ation and Maintenance, Navy’’, up to $1,000,000 shall be 
99 

•HR 4365 EH

1 available for transfer to the John C. Stennis Center for 

2 Public Service Development Trust Fund established under 

3 section 116 of the John C. Stennis Center for Public Serv4 ice Training and Development Act (2 U.S.C. 1105). 

5 SEC. 8066. None of the funds available to the De6 partment of Defense may be obligated to modify command 

7 and control relationships to give Fleet Forces Command 

8 operational and administrative control of United States 

9 Navy forces assigned to the Pacific fleet: Provided, That 

10 the command and control relationships which existed on 

11 October 1, 2004, shall remain in force until a written 

12 modification has been proposed to the Committees on Ap13 propriations of the House of Representatives and the Sen14 ate: Provided further, That the proposed modification may 

15 be implemented 30 days after the notification unless an 

16 objection is received from either the House or Senate Ap17 propriations Committees: Provided further, That any pro18 posed modification shall not preclude the ability of the 

19 commander of United States Indo-Pacific Command to 

20 meet operational requirements. 

21 SEC. 8067. Any notice that is required to be sub22 mitted to the Committees on Appropriations of the House 

23 of Representatives and the Senate under section 3601 of 

24 title 10, United States Code, as added by section 804(a) 

25 of the James M. Inhofe National Defense Authorization 
100 

•HR 4365 EH

1 Act for Fiscal Year 2023, after the date of the enactment 

2 of this Act shall be submitted pursuant to that require3 ment concurrently to the Subcommittees on Defense of the 

4 Committees on Appropriations of the House of Represent5 atives and the Senate. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8068. Of the amounts appropriated in this Act 

8 under the headings ‘‘Procurement, Defense-Wide’’ and 

9 ‘‘Research, Development, Test and Evaluation, Defense10 Wide’’, $500,000,000 shall be for the Israeli Cooperative 

11 Programs: Provided, That of this amount, $80,000,000 

12 shall be for the Secretary of Defense to provide to the Gov13 ernment of Israel for the procurement of the Iron Dome 

14 defense system to counter short-range rocket threats, sub15 ject to the U.S.-Israel Iron Dome Procurement Agree16 ment, as amended; $127,000,000 shall be for the Short 

17 Range Ballistic Missile Defense (SRBMD) program, in18 cluding cruise missile defense research and development 

19 under the SRBMD program; $40,000,000 shall be for co20 production activities of SRBMD systems in the United 

21 States and in Israel to meet Israel’s defense requirements 

22 consistent with each nation’s laws, regulations, and proce23 dures, subject to the U.S.-Israeli co-production agreement 

24 for SRBMD, as amended; $80,000,000 shall be for an 

25 upper-tier component to the Israeli Missile Defense Archi-
101 

•HR 4365 EH

1 tecture, of which $80,000,000 shall be for co-production 

2 activities of Arrow 3 Upper Tier systems in the United 

3 States and in Israel to meet Israel’s defense requirements 

4 consistent with each nation’s laws, regulations, and proce5 dures, subject to the U.S.-Israeli co-production agreement 

6 for Arrow 3 Upper Tier, as amended; and $173,000,000 

7 shall be for the Arrow System Improvement Program in8 cluding development of a long range, ground and airborne, 

9 detection suite: Provided further, That the transfer author10 ity provided under this provision is in addition to any 

11 other transfer authority contained in this Act. 

12 SEC. 8069. Of the amounts appropriated in this Act 

13 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

14 $1,648,559,000 shall be available until September 30, 

15 2024, to fund prior year shipbuilding cost increases for 

16 the following programs: 

17 (1) Under the heading ‘‘Shipbuilding and Con18 version, Navy’’, 2013/2024: Carrier Replacement 

19 Program, $624,600,000; 

20 (2) Under the heading ‘‘Shipbuilding and Con21 version, Navy’’, 2015/2024: Virginia Class Sub22 marine Program, $43,419,000; 

23 (3) Under the heading ‘‘Shipbuilding and Con24 version, Navy’’, 2016/2024: Virginia Class Sub25 marine Program, $100,115,000; 
102 

•HR 4365 EH

1 (4) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2016/2024: DDG–51 Destroyer, 

3 $104,090,000; 

4 (5) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2017/2024: Virginia Class Sub6 marine Program, $24,646,000; 

7 (6) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2017/2024: DDG–51 Destroyer, 

9 $121,827,000; 

10 (7) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2017/2024: LPD–17, $16,520,000; 

12 (8) Under the heading ‘‘Shipbuilding and Con13 version, Navy’’, 2018/2024: Ship to Shore Connector 

14 Program, $43,600,000; 

15 (9) Under the heading ‘‘Shipbuilding and Con16 version, Navy’’, 2019/2024: Littoral Combat Ship, 

17 $23,000,000; 

18 (10) Under the heading ‘‘Shipbuilding and Con19 version, Navy’’, 2019/2024: TAO Fleet Oiler, 

20 $27,060,000; 

21 (11) Under the heading ‘‘Shipbuilding and Con22 version, Navy’’, 2020/2024: CVN Refueling Over23 hauls, $42,422,000; 
103 

•HR 4365 EH

1 (12) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2020/2024: TAO Fleet Oiler, 

3 $93,250,000; 

4 (13) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2020/2024: Towing, Salvage, and 

6 Rescue Ship Program, $1,150,000; 

7 (14) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2021/2024: Towing, Salvage, and 

9 Rescue Ship Program, $21,809,000; 

10 (15) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2022/2024: TAO Fleet Oiler, 

12 $2,585,000; 

13 (16) Under the heading ‘‘Shipbuilding and Con14 version, Navy’’, 2022/2024: Towing, Salvage, and 

15 Rescue Ship Program, $3,300,000; and 

16 (17) Under the heading ‘‘Shipbuilding and Con17 version, Navy’’, 2022/2024: T-AGOS Surtass Ships 

18 Program, $355,166,000. 

19 SEC. 8070. Funds appropriated by this Act for intel20 ligence and intelligence-related activities are deemed to be 

21 specifically authorized by the Congress for purposes of sec22 tion 504(a)(1) of the National Security Act of 1947 (50 

23 U.S.C. 3094(a)(1)) until the enactment of the Intelligence 

24 Authorization Act for Fiscal Year 2024. 
104 

•HR 4365 EH

1 SEC. 8071. None of the funds provided in this Act 

2 shall be available for obligation or expenditure through a 

3 reprogramming of funds that creates or initiates a new 

4 program, project, or activity unless such program, project, 

5 or activity must be undertaken immediately in the interest 

6 of national security and only after written prior notifica7 tion to the congressional defense committees. 

8 SEC. 8072. None of the funds in this Act may be 

9 used for research, development, test, evaluation, procure10 ment or deployment of nuclear armed interceptors of a 

11 missile defense system. 

12 SEC. 8073. None of the funds made available by this 

13 Act may be obligated or expended for the purpose of de14 commissioning any Littoral Combat Ship, the USS Ger15 mantown, or the USS Tortuga. 

16 SEC. 8074. For purposes of section 1553(b) of title 

17 31, United States Code, any subdivision of appropriations 

18 made in this Act under the heading ‘‘Shipbuilding and 

19 Conversion, Navy’’ shall be considered to be for the same 

20 purpose as any subdivision under the heading ‘‘Ship21 building and Conversion, Navy’’ appropriations in any 

22 prior fiscal year, and the 1 percent limitation shall apply 

23 to the total amount of the appropriation. 

24 SEC. 8075. None of the funds appropriated or made 

25 available in this Act shall be used to reduce or disestablish 
105 

•HR 4365 EH

1 the operation of the 53rd Weather Reconnaissance Squad2 ron of the Air Force Reserve, if such action would reduce 

3 the WC–130 Weather Reconnaissance mission below the 

4 levels funded in this Act: Provided, That the Air Force 

5 shall allow the 53rd Weather Reconnaissance Squadron to 

6 perform other missions in support of national defense re7 quirements during the non-hurricane season. 

8 SEC. 8076. (a) None of the funds appropriated by 

9 this Act may be used to transfer research and develop10 ment, acquisition, or other program authority relating to 

11 current tactical unmanned aerial vehicles (TUAVs) from 

12 the Army. 

13 (b) The Army shall retain responsibility for and oper14 ational control of the MQ–1C Gray Eagle Unmanned Aer15 ial Vehicle (UAV) in order to support the Secretary of De16 fense in matters relating to the employment of unmanned 

17 aerial vehicles. 

18 SEC. 8077. None of the funds provided in this Act 

19 shall be available for integration of foreign intelligence in20 formation unless the information has been lawfully col21 lected and processed during the conduct of authorized for22 eign intelligence activities: Provided, That information 

23 pertaining to United States persons shall only be handled 

24 in accordance with protections provided in the Fourth 
106 

•HR 4365 EH

1 Amendment of the United States Constitution as imple2 mented through Executive Order No. 12333. 

3 SEC. 8078. None of the funds appropriated by this 

4 Act for programs of the Office of the Director of National 

5 Intelligence shall remain available for obligation beyond 

6 the current fiscal year, except for funds appropriated for 

7 research and technology, which shall remain available until 

8 September 30, 2025, and except for funds appropriated 

9 for the purchase of real property, which shall remain avail10 able until September 30, 2026. 

11 SEC. 8079. (a) Not later than 60 days after the date 

12 of enactment of this Act, the Director of National Intel13 ligence shall submit a report to the congressional intel14 ligence committees to establish the baseline for application 

15 of reprogramming and transfer authorities for fiscal year 

16 2024: Provided, That the report shall include— 

17 (1) a table for each appropriation with a sepa18 rate column to display the President’s budget re19 quest, adjustments made by Congress, adjustments 

20 due to enacted rescissions, if appropriate, and the 

21 fiscal year enacted level; 

22 (2) a delineation in the table for each appro23 priation by Expenditure Center and project; and 

24 (3) an identification of items of special congres25 sional interest. 
107 

•HR 4365 EH

1 (b) None of the funds provided for the National Intel2 ligence Program in this Act shall be available for re3 programming or transfer until the report identified in sub4 section (a) is submitted to the congressional intelligence 

5 committees, unless the Director of National Intelligence 

6 certifies in writing to the congressional intelligence com7 mittees that such reprogramming or transfer is necessary 

8 as an emergency requirement. 

9 SEC. 8080. (a) None of the funds provided for the 

10 National Intelligence Program in this or any prior appro11 priations Act shall be available for obligation or expendi12 ture through a reprogramming or transfer of funds in ac13 cordance with section 102A(d) of the National Security 

14 Act of 1947 (50 U.S.C. 3024(d)) that— 

15 (1) creates a new start effort; 

16 (2) terminates a program with appropriated 

17 funding of $10,000,000 or more; 

18 (3) transfers funding into or out of the Na19 tional Intelligence Program; or 

20 (4) transfers funding between appropriations, 

21 unless the congressional intelligence committees are 

22 notified 30 days in advance of such reprogramming 

23 of funds; this notification period may be reduced for 

24 urgent national security requirements. 
108 

•HR 4365 EH

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 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8081. Upon a determination by the Director of 

14 National Intelligence that such action is necessary and in 

15 the national interest, the Director may, with the approval 

16 of the Office of Management and Budget, transfer not to 

17 exceed $1,500,000,000 of the funds made available in this 

18 Act for the National Intelligence Program: Provided, That 

19 such authority to transfer may not be used unless for 

20 higher priority items, based on unforeseen intelligence re21 quirements, than those for which originally appropriated 

22 and in no case where the item for which funds are re23 quested has been denied by the Congress: Provided further, 

24 That a request for multiple reprogrammings of funds 
109 

•HR 4365 EH

1 using authority provided in this section shall be made 

2 prior to June 30, 2024. 

3 SEC. 8082. Any transfer of amounts appropriated to 

4 the Department of Defense Acquisition Workforce Devel5 opment Account in or for fiscal year 2024 to a military 

6 department or Defense Agency pursuant to section 

7 1705(e)(1) of title 10, United States Code, shall be cov8 ered by and subject to section 8005 of this Act. 

9 SEC. 8083. (a) None of the funds appropriated or 

10 otherwise made available by this Act may be expended for 

11 any Federal contract for an amount in excess of 

12 $1,000,000, unless the contractor agrees not to— 

13 (1) enter into any agreement with any of its 

14 employees or independent contractors that requires, 

15 as a condition of employment, that the employee or 

16 independent contractor agree to resolve through ar17 bitration any claim under title VII of the Civil 

18 Rights Act of 1964 or any tort related to or arising 

19 out of sexual assault or harassment, including as20 sault and battery, intentional infliction of emotional 

21 distress, false imprisonment, or negligent hiring, su22 pervision, or retention; or 

23 (2) take any action to enforce any provision of 

24 an existing agreement with an employee or inde25 pendent contractor that mandates that the employee 
110 

•HR 4365 EH

1 or independent contractor resolve through arbitra2 tion any claim under title VII of the Civil Rights Act 

3 of 1964 or any tort related to or arising out of sex4 ual assault or harassment, including assault and 

5 battery, intentional infliction of emotional distress, 

6 false imprisonment, or negligent hiring, supervision, 

7 or retention. 

8 (b) None of the funds appropriated or otherwise 

9 made available by this Act may be expended for any Fed10 eral contract unless the contractor certifies that it requires 

11 each covered subcontractor to agree not to enter into, and 

12 not to take any action to enforce any provision of, any 

13 agreement as described in paragraphs (1) and (2) of sub14 section (a), with respect to any employee or independent 

15 contractor performing work related to such subcontract. 

16 For purposes of this subsection, a ‘‘covered subcon17 tractor’’ is an entity that has a subcontract in excess of 

18 $1,000,000 on a contract subject to subsection (a). 

19 (c) The prohibitions in this section do not apply with 

20 respect to a contractor’s or subcontractor’s agreements 

21 with employees or independent contractors that may not 

22 be enforced in a court of the United States. 

23 (d) The Secretary of Defense may waive the applica24 tion of subsection (a) or (b) to a particular contractor or 

25 subcontractor for the purposes of a particular contract or 
111 

•HR 4365 EH

1 subcontract if the Secretary or the Deputy Secretary per2 sonally determines that the waiver is necessary to avoid 

3 harm to national security interests of the United States, 

4 and that the term of the contract or subcontract is not 

5 longer than necessary to avoid such harm. The determina6 tion shall set forth with specificity the grounds for the 

7 waiver and for the contract or subcontract term selected, 

8 and shall state any alternatives considered in lieu of a 

9 waiver and the reasons each such alternative would not 

10 avoid harm to national security interests of the United 

11 States. The Secretary of Defense shall transmit to Con12 gress, and simultaneously make public, any determination 

13 under this subsection not less than 15 business days be14 fore the contract or subcontract addressed in the deter15 mination may be awarded. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8084. From within the funds appropriated for 

18 operation and maintenance for the Defense Health Pro19 gram in this Act, up to $172,000,000, shall be available 

20 for transfer to the Joint Department of Defense-Depart21 ment of Veterans Affairs Medical Facility Demonstration 

22 Fund in accordance with the provisions of section 1704 

23 of the National Defense Authorization Act for Fiscal Year 

24 2010, Public Law 111–84: Provided, That for purposes 

25 of section 1704(b), the facility operations funded are oper-
112 

•HR 4365 EH

1 ations of the integrated Captain James A. Lovell Federal 

2 Health Care Center, consisting of the North Chicago Vet3 erans Affairs Medical Center, the Navy Ambulatory Care 

4 Center, and supporting facilities designated as a combined 

5 Federal medical facility as described by section 706 of 

6 Public Law 110–417: Provided further, That additional 

7 funds may be transferred from funds appropriated for op8 eration and maintenance for the Defense Health Program 

9 to the Joint Department of Defense-Department of Vet10 erans Affairs Medical Facility Demonstration Fund upon 

11 written notification by the Secretary of Defense to the 

12 Committees on Appropriations of the House of Represent13 atives and the Senate. 

14 SEC. 8085. None of the funds appropriated or other15 wise made available by this Act may be used by the De16 partment of Defense or a component thereof in contraven17 tion of the provisions of section 130h of title 10, United 

18 States Code. 

19 SEC. 8086. Appropriations available to the Depart20 ment of Defense may be used for the purchase of heavy 

21 and light armored vehicles for the physical security of per22 sonnel or for force protection purposes up to a limit of 

23 $450,000 per vehicle, notwithstanding price or other limi24 tations applicable to the purchase of passenger carrying 

25 vehicles. 
113 

•HR 4365 EH

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8087. Of the amounts appropriated in this Act 

3 for ‘‘Shipbuilding and Conversion, Navy’’, $142,008,000, 

4 to remain available for obligation until September 30, 

5 2028, may be used for the purchase of two used sealift 

6 vessels for the National Defense Reserve Fleet, established 

7 under section 11 of the Merchant Ship Sales Act of 1946 

8 (46 U.S.C. 57100): Provided, That such amounts are 

9 available for reimbursements to the Ready Reserve Force, 

10 Maritime Administration account of the United States De11 partment of Transportation for programs, projects, activi12 ties, and expenses related to the National Defense Reserve 

13 Fleet: Provided further, That notwithstanding section 

14 2218 of title 10, United States Code, none of these funds 

15 shall be transferred to the National Defense Sealift Fund 

16 for execution. 

17 SEC. 8088. (a) Any agency receiving funds made 

18 available in this Act, shall, subject to subsections (b) and 

19 (c), post on the public Web site of that agency any report 

20 required to be submitted by the Congress in this or any 

21 other Act, upon the determination by the head of the agen22 cy that it shall serve the national interest. 

23 (b) Subsection (a) shall not apply to a report if— 

24 (1) the public posting of the report com25 promises national security; or 
114 

•HR 4365 EH

1 (2) the report contains proprietary information. 

2 (c) The head of the agency posting such report shall 

3 do so only after such report has been made available to 

4 the requesting Committee or Committees of Congress for 

5 no less than 45 days. 

6 SEC. 8089. The Secretary of Defense shall post grant 

7 awards on a public website in a searchable format. 

8 SEC. 8090. None of the funds made available by this 

9 Act may be used by the National Security Agency to— 

10 (1) conduct an acquisition pursuant to section 

11 702 of the Foreign Intelligence Surveillance Act of 

12 1978 for the purpose of targeting a United States 

13 person; or 

14 (2) acquire, monitor, or store the contents (as 

15 such term is defined in section 2510(8) of title 18, 

16 United States Code) of any electronic communica17 tion of a United States person from a provider of 

18 electronic communication services to the public pur19 suant to section 501 of the Foreign Intelligence Sur20 veillance Act of 1978. 

21 SEC. 8091. None of the funds made available in this 

22 or any other Act may be used to pay the salary of any 

23 officer or employee of any agency funded by this Act who 

24 approves or implements the transfer of administrative re25 sponsibilities or budgetary resources of any program, 
115 

•HR 4365 EH

1 project, or activity financed by this Act to the jurisdiction 

2 of another Federal agency not financed by this Act with3 out the express authorization of Congress: Provided, That 

4 this limitation shall not apply to transfers of funds ex5 pressly provided for in Defense Appropriations Acts, or 

6 provisions of Acts providing supplemental appropriations 

7 for the Department of Defense. 

8 SEC. 8092. Of the amounts appropriated in this Act 

9 for ‘‘Operation and Maintenance, Navy’’, $667,508,000, 

10 to remain available until expended, may be used for any 

11 purposes related to the National Defense Reserve Fleet 

12 established under section 11 of the Merchant Ship Sales 

13 Act of 1946 (46 U.S.C. 57100): Provided, That such 

14 amounts are available for reimbursements to the Ready 

15 Reserve Force, Maritime Administration account of the 

16 United States Department of Transportation for pro17 grams, projects, activities, and expenses related to the Na18 tional Defense Reserve Fleet. 

19 SEC. 8093. (a) None of the funds provided in this 

20 Act for the TAO Fleet Oiler program shall be used to 

21 award a new contract that provides for the acquisition of 

22 the following components unless those components are 

23 manufactured in the United States: Auxiliary equipment 

24 (including pumps) for shipboard services; propulsion 

25 equipment (including engines, reduction gears, and propel-
116 

•HR 4365 EH

1 lers); shipboard cranes; spreaders for shipboard cranes; 

2 and anchor chains, specifically for the seventh and subse3 quent ships of the fleet. 

4 (b) None of the funds provided in this Act for the 

5 FFG(X) Frigate program shall be used to award a new 

6 contract that provides for the acquisition of the following 

7 components unless those components are manufactured in 

8 the United States: Air circuit breakers; gyrocompasses; 

9 electronic navigation chart systems; steering controls; 

10 pumps; propulsion and machinery control systems; totally 

11 enclosed lifeboats; auxiliary equipment pumps; shipboard 

12 cranes; auxiliary chill water systems; and propulsion pro13 pellers: Provided, That the Secretary of the Navy shall in14 corporate United States manufactured propulsion engines 

15 and propulsion reduction gears into the FFG(X) Frigate 

16 program beginning not later than with the eleventh ship 

17 of the program. 

18 SEC. 8094. None of the funds provided in this Act 

19 for requirements development, performance specification 

20 development, concept design and development, ship con21 figuration development, systems engineering, naval archi22 tecture, marine engineering, operations research analysis, 

23 industry studies, preliminary design, development of the 

24 Detailed Design and Construction Request for Proposals 

25 solicitation package, or related activities for the T– 
117 

•HR 4365 EH

1 ARC(X) Cable Laying and Repair Ship or the T– 

2 AGOS(X) Oceanographic Surveillance Ship may be used 

3 to award a new contract for such activities unless these 

4 contracts include specifications that all auxiliary equip5 ment, including pumps and propulsion shafts, are manu6 factured in the United States. 

7 SEC. 8095. No amounts credited or otherwise made 

8 available in this or any other Act to the Department of 

9 Defense Acquisition Workforce Development Account may 

10 be transferred to: 

11 (1) the Rapid Prototyping Fund established 

12 under section 804(d) of the National Defense Au13 thorization Act for Fiscal Year 2016 (10 U.S.C. 

14 2302 note); or 

15 (2) credited to a military-department specific 

16 fund established under section 804(d)(2) of the Na17 tional Defense Authorization Act for Fiscal Year 

18 2016 (as amended by section 897 of the National 

19 Defense Authorization Act for Fiscal Year 2017). 

20 SEC. 8096. From funds made available in title II of 

21 this Act, the Secretary of Defense may purchase for use 

22 by military and civilian employees of the Department of 

23 Defense in the United States Central Command area of 

24 responsibility: (1) passenger motor vehicles up to a limit 

25 of $75,000 per vehicle; and (2) heavy and light armored 
118 

•HR 4365 EH

1 vehicles for the physical security of personnel or for force 

2 protection purposes up to a limit of $450,000 per vehicle, 

3 notwithstanding price or other limitations applicable to the 

4 purchase of passenger carrying vehicles. 

5 SEC. 8097. None of the funds made available by this 

6 Act may be used for Government Travel Charge Card ex7 penses by military or civilian personnel of the Department 

8 of Defense for gaming, or for entertainment that includes 

9 topless or nude entertainers or participants, as prohibited 

10 by Department of Defense FMR, Volume 9, Chapter 3 

11 and Department of Defense Instruction 1015.10 (enclo12 sure 3, 14a and 14b). 

13 SEC. 8098. (a) None of the funds made available in 

14 this Act may be used to maintain or establish a computer 

15 network unless such network is designed to block access 

16 to pornography websites. 

17 (b) Nothing in subsection (a) shall limit the use of 

18 funds necessary for any Federal, State, tribal, or local law 

19 enforcement agency or any other entity carrying out crimi20 nal investigations, prosecution, or adjudication activities, 

21 or for any activity necessary for the national defense, in22 cluding intelligence activities. 

23 SEC. 8099. None of the funds provided for, or other24 wise made available, in this or any other Act, may be obli25 gated or expended by the Secretary of Defense to provide 
119 

•HR 4365 EH

1 motorized vehicles, aviation platforms, munitions other 

2 than small arms and munitions appropriate for customary 

3 ceremonial honors, operational military units, or oper4 ational military platforms if the Secretary determines that 

5 providing such units, platforms, or equipment would un6 dermine the readiness of such units, platforms, or equip7 ment. 

8 SEC. 8100. (a) None of the funds made available by 

9 this or any other Act may be used to enter into a contract, 

10 memorandum of understanding, or cooperative agreement 

11 with, make a grant to, or provide a loan or loan guarantee 

12 to any corporation that has any unpaid Federal tax liabil13 ity that has been assessed, for which all judicial and ad14 ministrative remedies have been exhausted or have lapsed, 

15 and that is not being paid in a timely manner pursuant 

16 to an agreement with the authority responsible for col17 lecting such tax liability, provided that the applicable Fed18 eral agency is aware of the unpaid Federal tax liability. 

19 (b) Subsection (a) shall not apply if the applicable 

20 Federal agency has considered suspension or debarment 

21 of the corporation described in such subsection and has 

22 made a determination that such suspension or debarment 

23 is not necessary to protect the interests of the Federal 

24 Government. 
120 

•HR 4365 EH

1 SEC. 8101. Amounts appropriated under title IV of 

2 this Act, as detailed in budget activity eight of the ‘‘Expla3 nation of Project Level Adjustments’’ tables in the explan4 atory statement regarding this Act, may be used for ex5 penses for the agile research, development, test and eval6 uation, procurement, production, modification, and oper7 ation and maintenance, only for the following Software 

8 and Digital Technology Pilot programs— 

9 (1) Defensive CYBER (PE 0608041A); 

10 (2) Risk Management Information (PE 

11 0608013N); 

12 (3) Maritime Tactical Command and Control 

13 (PE 0608231N); 

14 (4) Space Command and Control (PE 

15 1208248SF); 

16 (5) Global Command and Control System (PE 

17 0303150K); 

18 (6) Acquisition Visibility (PE 0608648D8Z); 

19 and 

20 (7) Defense Innovation Unit Fielding 

21 (RDTE,DW Line 281). 

22 SEC. 8102. None of the funds appropriated or other23 wise made available by this Act may be used to transfer 

24 the National Reconnaissance Office to the Space Force: 

25 Provided, That nothing in this Act shall be construed to 
121 

•HR 4365 EH

1 limit or prohibit cooperation, collaboration, and coordina2 tion between the National Reconnaissance Office and the 

3 Space Force or any other elements of the Department of 

4 Defense. 

5 SEC. 8103. None of the funds made available in this 

6 Act may be used in contravention of the following laws 

7 enacted or regulations promulgated to implement the 

8 United Nations Convention Against Torture and Other 

9 Cruel, Inhuman or Degrading Treatment or Punishment 

10 (done at New York on December 10, 1984): 

11 (1) Section 2340A of title 18, United States 

12 Code. 

13 (2) Section 2242 of the Foreign Affairs Reform 

14 and Restructuring Act of 1998 (division G of Public 

15 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

16 note) and regulations prescribed thereto, including 

17 regulations under part 208 of title 8, Code of Fed18 eral Regulations, and part 95 of title 22, Code of 

19 Federal Regulations. 

20 (3) Sections 1002 and 1003 of the Department 

21 of Defense, Emergency Supplemental Appropriations 

22 to Address Hurricanes in the Gulf of Mexico, and 

23 Pandemic Influenza Act, 2006 (Public Law 109– 

24 148). 
122 

•HR 4365 EH

1 SEC. 8104. None of the funds made available by this 

2 Act may be used to provide arms, training, or other assist3 ance to the Azov Battalion. 

4 SEC. 8105. During the current fiscal year, the De5 partment of Defense is authorized to incur obligations of 

6 not to exceed $350,000,000 for purposes specified in sec7 tion 2350j(c) of title 10, United States Code, in anticipa8 tion of receipt of contributions, only from the Government 

9 of Kuwait, under that section: Provided, That, such con10 tributions shall, upon receipt, be credited to the appropria11 tions or fund which incurred such obligations. 

12 SEC. 8106. Of the amounts appropriated in this Act 

13 under the heading ‘‘Operation and Maintenance, Defense14 Wide’’, for the Defense Security Cooperation Agency, 

15 $1,343,580,000, to remain available until September 30, 

16 2025, shall be available for International Security Co17 operation Programs and other programs to provide sup18 port and assistance to foreign security forces or other 

19 groups or individuals to conduct, support or facilitate 

20 counterterrorism, crisis response, or building partner ca21 pacity programs: Provided, That the Secretary of Defense 

22 shall, not less than 15 days prior to obligating funds made 

23 available in this section, notify the congressional defense 

24 committees in writing of the details of any planned obliga25 tion: Provided further, That the Secretary of Defense shall 
123 

•HR 4365 EH

1 provide quarterly reports to the Committees on Appropria2 tions of the House of Representatives and the Senate on 

3 the use and status of funds made available in this section. 

4 SEC. 8107. Of the amounts appropriated in this Act 

5 under the heading ‘‘Operation and Maintenance, Defense6 Wide’’, for the Defense Security Cooperation Agency, 

7 $410,000,000, to remain available until September 30, 

8 2025, shall be available to reimburse Jordan, Lebanon, 

9 Egypt, Tunisia, and Oman under section 1226 of the Na10 tional Defense Authorization Act for Fiscal Year 2016 (22 

11 U.S.C. 2151 note), for enhanced border security, of which 

12 not less than $150,000,000 shall be for Jordan: Provided, 

13 That the Secretary of Defense shall, not less than 15 days 

14 prior to obligating funds made available in this section, 

15 notify the congressional defense committees in writing of 

16 the details of any planned obligation and the nature of 

17 the expenses incurred: Provided further, That the Sec18 retary of Defense shall provide quarterly reports to the 

19 Committees on Appropriations of the House of Represent20 atives and the Senate on the use and status of funds made 

21 available in this section. 

22 SEC. 8108. None of the funds made available by this 

23 Act may be used in contravention of the War Powers Res24 olution (50 U.S.C. 1541 et seq.). 
124 

•HR 4365 EH

1 SEC. 8109. None of the funds made available by this 

2 Act for excess defense articles, assistance under section 

3 333 of title 10, United States Code, or peacekeeping oper4 ations for the countries designated annually to be in viola5 tion of the standards of the Child Soldiers Prevention Act 

6 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 

7 be used to support any military training or operation that 

8 includes child soldiers, as defined by the Child Soldiers 

9 Prevention Act of 2008, unless such assistance is other10 wise permitted under section 404 of the Child Soldiers 

11 Prevention Act of 2008. 

12 SEC. 8110. None of the funds made available by this 

13 Act may be made available for any member of the Taliban. 

14 SEC. 8111. Notwithstanding any other provision of 

15 law, any transfer of funds, appropriated or otherwise made 

16 available by this Act, for support to friendly foreign coun17 tries in connection with the conduct of operations in which 

18 the United States is not participating, pursuant to section 

19 331(d) of title 10, United States Code, shall be made in 

20 accordance with section 8005 of this Act. 

21 SEC. 8112. (a) None of the funds appropriated or 

22 otherwise made available by this or any other Act may 

23 be used by the Secretary of Defense, or any other official 

24 or officer of the Department of Defense, to enter into a 

25 contract, memorandum of understanding, or cooperative 
125 

•HR 4365 EH

1 agreement with, or make a grant to, or provide a loan 

2 or loan guarantee to Rosoboronexport or any subsidiary 

3 of Rosoboronexport. 

4 (b) The Secretary of Defense may waive the limita5 tion in subsection (a) if the Secretary, in consultation with 

6 the Secretary of State and the Director of National Intel7 ligence, determines that it is in the vital national security 

8 interest of the United States to do so, and certifies in writ9 ing to the congressional defense committees that— 

10 (1) Rosoboronexport has ceased the transfer of 

11 lethal military equipment to, and the maintenance of 

12 existing lethal military equipment for, the Govern13 ment of the Syrian Arab Republic; 

14 (2) the armed forces of the Russian Federation 

15 have withdrawn from Ukraine; and 

16 (3) agents of the Russian Federation have 

17 ceased taking active measures to destabilize the con18 trol of the Government of Ukraine over eastern 

19 Ukraine. 

20 (c) The Inspector General of the Department of De21 fense shall conduct a review of any action involving 

22 Rosoboronexport with respect to a waiver issued by the 

23 Secretary of Defense pursuant to subsection (b), and not 

24 later than 90 days after the date on which such a waiver 

25 is issued by the Secretary of Defense, the Inspector Gen-
126 

•HR 4365 EH

1 eral shall submit to the congressional defense committees 

2 a report containing the results of the review conducted 

3 with respect to such waiver. 

4 SEC. 8113. Of the amounts appropriated in this Act 

5 under the heading ‘‘Operation and Maintenance, Defense6 Wide’’, for the Defense Security Cooperation Agency, 

7 $15,000,000, to remain available until September 30, 

8 2025, shall be for payments to reimburse key cooperating 

9 nations for logistical, military, and other support, includ10 ing access, provided to United States military and stability 

11 operations to counter the Islamic State of Iraq and Syria: 

12 Provided, That such reimbursement payments may be 

13 made in such amounts as the Secretary of Defense, with 

14 the concurrence of the Secretary of State, and in consulta15 tion with the Director of the Office of Management and 

16 Budget, may determine, based on documentation deter17 mined by the Secretary of Defense to adequately account 

18 for the support provided, and such determination is final 

19 and conclusive upon the accounting officers of the United 

20 States, and 15 days following written notification to the 

21 appropriate congressional committees: Provided further, 

22 That these funds may be used for the purpose of providing 

23 specialized training and procuring supplies and specialized 

24 equipment and providing such supplies and loaning such 

25 equipment on a non-reimbursable basis to coalition forces 
127 

•HR 4365 EH

1 supporting United States military and stability operations 

2 to counter the Islamic State of Iraq and Syria, and 15 

3 days following written notification to the appropriate con4 gressional committees: Provided further, That the Sec5 retary of Defense shall provide quarterly reports to the 

6 Committees on Appropriations of the House of Represent7 atives and the Senate on the use and status of funds made 

8 available in this section. 

9 SEC. 8114. The Secretary of Defense shall notify the 

10 congressional defense committees in writing not more than 

11 30 days after the receipt of any contribution of funds re12 ceived from the government of a foreign country for any 

13 purpose relating to the stationing or operations of the 

14 United States Armed Forces: Provided, That such notifi15 cation shall include the amount of the contribution; the 

16 purpose for which such contribution was made; and the 

17 authority under which such contribution was accepted by 

18 the Secretary of Defense: Provided further, That not fewer 

19 than 15 days prior to obligating such funds, the Secretary 

20 of Defense shall submit to the congressional defense com21 mittees in writing a notification of the planned use of such 

22 contributions, including whether such contributions would 

23 support existing or new stationing or operations of the 

24 United States Armed Forces. 
128 

•HR 4365 EH

1 SEC. 8115. (a) The Chairman of the Joint Chiefs, 

2 in coordination with the Secretaries of the military depart3 ments and the Chiefs of the Armed Forces, shall submit 

4 to the congressional defense committees, not later than 30 

5 days after the last day of each quarter of the fiscal year, 

6 a report on the use of operation and maintenance funds 

7 for activities or exercises in excess of $5,000,000 that have 

8 been designated by the Secretary of Defense as unplanned 

9 activities for fiscal year 2024. 

10 (b) Each report required by subsection (a) shall also 

11 include— 

12 (1) the title, date, and location, of each activity 

13 and exercise covered by the report; 

14 (2) an identification of the military department 

15 and units that participated in each such activity or 

16 exercise (including an estimate of the number of 

17 participants); 

18 (3) the total cost of the activity or exercise, by 

19 budget line item (with a breakdown by cost element 

20 such as transportation); and 

21 (4) a short explanation of the objective of the 

22 activity or exercise. 

23 (c) The report required by subsection (a) shall be 

24 submitted in unclassified form, but may include a classi25 fied annex. 
129 

•HR 4365 EH

1 SEC. 8116. Not later than 15 days after the date on 

2 which any foreign base that involves the stationing or op3 erations of the United States Armed Forces, including a 

4 temporary base, permanent base, or base owned and oper5 ated by a foreign country, is opened or closed, the Sec6 retary of Defense shall notify the congressional defense 

7 committees in writing of the opening or closing of such 

8 base: Provided, That such notification shall also include 

9 information on any personnel changes, costs, and savings 

10 associated with the opening or closing of such base. 

11 SEC. 8117. None of the funds made available by this 

12 Act may be used with respect to Iraq in contravention of 

13 the War Powers Resolution (50 U.S.C. 1541 et seq.), in14 cluding for the introduction of United States Armed 

15 Forces into hostilities in Iraq, into situations in Iraq 

16 where imminent involvement in hostilities is clearly indi17 cated by the circumstances, or into Iraqi territory, air18 space, or waters while equipped for combat, in contraven19 tion of the congressional consultation and reporting re20 quirements of sections 3 and 4 of such Resolution (50 

21 U.S.C. 1542 and 1543). 

22 SEC. 8118. None of the funds made available by this 

23 Act may be used with respect to Syria in contravention 

24 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

25 including for the introduction of United States armed or 
130 

•HR 4365 EH

1 military forces into hostilities in Syria, into situations in 

2 Syria where imminent involvement in hostilities is clearly 

3 indicated by the circumstances, or into Syrian territory, 

4 airspace, or waters while equipped for combat, in con5 travention of the congressional consultation and reporting 

6 requirements of sections 3 and 4 of that law (50 U.S.C. 

7 1542 and 1543). 

8 SEC. 8119. None of the funds appropriated or other9 wise made available by this or any other Act shall be obli10 gated or expended by the United States Government for 

11 a purpose as follows: 

12 (1) To establish any military installation or 

13 base for the purpose of providing for the permanent 

14 stationing of United States Armed Forces in Iraq. 

15 (2) To exercise United States control over any 

16 oil resource of Iraq or Syria. 

17 SEC. 8120. None of the funds made available by this 

18 Act under the heading ‘‘Counter-ISIS Train and Equip 

19 Fund’’, and under the heading ‘‘Operation and Mainte20 nance, Defense-Wide’’ for Department of Defense security 

21 cooperation grant programs, may be used to procure or 

22 transfer man-portable air defense systems. 

23 SEC. 8121. Up to $500,000,000 of funds appro24 priated by this Act for the Defense Security Cooperation 

25 Agency in ‘‘Operation and Maintenance, Defense-Wide’’ 
131 

•HR 4365 EH

1 may be used to provide assistance to the Government of 

2 Jordan to support the armed forces of Jordan and to en3 hance security along its borders. 

4 SEC. 8122. Not later than 180 days after the date 

5 of the enactment of this Act, United States Southern 

6 Command shall assume combatant command responsi7 bility for activities related to Mexico. 

8 SEC. 8123. None of the funds appropriated or other9 wise made available in this or any other Act may be used 

10 to transfer, release, or assist in the transfer or release to 

11 or within the United States, its territories, or possessions 

12 Khalid Sheikh Mohammed or any other detainee who— 

13 (1) is not a United States citizen or a member 

14 of the Armed Forces of the United States; and 

15 (2) is or was held on or after June 24, 2009, 

16 at United States Naval Station, Guanta ́namo Bay, 

17 Cuba, by the Department of Defense. 

18 SEC. 8124. None of the funds appropriated or other19 wise made available in this Act may be used to transfer 

20 any individual detained at United States Naval Station 

21 Guanta ́namo Bay, Cuba, to the custody or control of the 

22 individual’s country of origin, any other foreign country, 

23 or any other foreign entity except in accordance with sec24 tion 1034 of the National Defense Authorization Act for 

25 Fiscal Year 2016 (Public Law 114–92) and section 1035 
132 

•HR 4365 EH

1 of the John S. McCain National Defense Authorization 

2 Act for Fiscal Year 2019 (Public Law 115–232). 

3 SEC. 8125. (a) None of the funds appropriated or 

4 otherwise made available in this or any other Act may be 

5 used to construct, acquire, or modify any facility in the 

6 United States, its territories, or possessions to house any 

7 individual described in subsection (c) for the purposes of 

8 detention or imprisonment in the custody or under the ef9 fective control of the Department of Defense. 

10 (b) The prohibition in subsection (a) shall not apply 

11 to any modification of facilities at United States Naval 

12 Station, Guanta ́namo Bay, Cuba. 

13 (c) An individual described in this subsection is any 

14 individual who, as of June 24, 2009, is located at United 

15 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

16 (1) is not a citizen of the United States or a 

17 member of the Armed Forces of the United States; 

18 and 

19 (2) is— 

20 (A) in the custody or under the effective 

21 control of the Department of Defense; or 

22 (B) otherwise under detention at United 

23 States Naval Station, Guanta ́namo Bay, Cuba. 

24 SEC. 8126. None of the funds made available by this 

25 Act may be used to carry out the closure or realignment 
133 

•HR 4365 EH

1 of the United States Naval Station, Guanta ́namo Bay, 

2 Cuba. 

3 SEC. 8127. Notwithstanding any other provision of 

4 this Act, to reflect savings due to favorable foreign ex5 change rates, the total amount appropriated in this Act 

6 is hereby reduced by $950,000,000. 

7 SEC. 8128. In carrying out the program described in 

8 the memorandum on the subject of ‘‘Policy for Assisted 

9 Reproductive Services for the Benefit of Seriously or Se10 verely Ill/Injured (Category II or III) Active Duty Service 

11 Members’’ issued by the Assistant Secretary of Defense 

12 for Health Affairs on April 3, 2012, and the guidance 

13 issued to implement such memorandum, the Secretary of 

14 Defense shall apply such policy and guidance, except 

15 that— 

16 (1) the limitation on periods regarding embryo 

17 cryopreservation and storage set forth in part III(G) 

18 and in part IV(H) of such memorandum shall not 

19 apply; and 

20 (2) the term ‘‘assisted reproductive technology’’ 

21 shall include embryo cryopreservation and storage 

22 without limitation on the duration of such 

23 cryopreservation and storage. 

24 SEC. 8129. None of the funds appropriated or other25 wise made available by this Act may be made used to sup-
134 

•HR 4365 EH

1 port, directly or indirectly, the Wuhan Institute of Virol2 ogy, or any laboratory owned or controlled by the govern3 ments of the People’s Republic of China, the Republic of 

4 Cuba, the Islamic Republic of Iran, the Democratic Peo5 ple’s Republic of Korea, the Russian Federation, the 

6 Bolivarian Republic of Venezuela under the Maduro re7 gime, or any other country determined by the Secretary 

8 of Defense, with the concurrence of the Secretary of State, 

9 to be a foreign adversary. 

10 SEC. 8130. None of the funds made available by this 

11 Act may be used to fund any work to be performed by 

12 EcoHealth Alliance, Inc. unless the Secretary of Defense 

13 determines that a waiver to such prohibition is in the na14 tional security interests of the United States and, not later 

15 than 14 days after granting such a waiver, submits to the 

16 congressional defense committees a detailed justification 

17 for the waiver, including— 

18 (1) an identification of the Department of De19 fense entity obligating or expending the funds; 

20 (2) an identification of the amount of such 

21 funds; 

22 (3) an identification of the intended purpose of 

23 such funds; 
135 

•HR 4365 EH

1 (4) an identification of the recipient or prospec2 tive recipient of such funds (including any third3 party entity recipient, as applicable); 

4 (5) an explanation for how the waiver is in the 

5 national security interests of the United States; and 

6 (6) any other information the Secretary deter7 mines appropriate. 

8 SEC. 8131. The Secretary of the Navy shall continue 

9 to provide pay and allowances to Lieutenant Ridge 

10 Alkonis, United States Navy, until such time as the Sec11 retary of the Navy makes a determination with respect 

12 to the separation of Lieutenant Alkonis from the Navy. 

13 SEC. 8132. The Secretary of Defense may obligate 

14 funds made available in this Act for procurement or for 

15 research, development, test and evaluation for the F-35 

16 Joint Strike Fighter to modify up to six F-35 aircraft, 

17 including up to two F-35 aircraft of each variant, to a 

18 test configuration: Provided, That the Secretary of De19 fense shall, with the concurrence of the Secretary of the 

20 Air Force and the Secretary of the Navy, notify the con21 gressional defense committees not fewer than 30 days 

22 prior to obligating funds under this section: Provided fur23 ther, That any transfer of funds pursuant to the authority 

24 provided in this section shall be made in accordance with 

25 section 8005 of this Act. 
136 

•HR 4365 EH

1 SEC. 8133. None of the funds appropriated or other2 wise made available by this or any other Act may be obli3 gated to integrate an alternative engine on any F-35 air4 craft. 

5 SEC. 8134. Funds appropriated in title III of this Act 

6 may be used to enter into a contract or contracts for the 

7 procurement of airframes and engines for the CH-53K 

8 heavy lift helicopter program. 

9 SEC. 8135. (a) Within 45 days of enactment of this 

10 Act, the Secretary of Defense shall allocate amounts made 

11 available from the Creating Helpful Incentives to Produce 

12 Semiconductors (CHIPS) for America Defense Fund for 

13 fiscal year 2024 pursuant to the transfer authority in sec14 tion 102(b)(1) of the CHIPS Act of 2022 (division A of 

15 Public Law 117-167), to the account specified, in the 

16 amounts specified, and for the projects and activities spec17 ified, in the table titled ‘‘Department of Defense Alloca18 tion of Funds: CHIPS and Science Act Fiscal Year 2024’’ 

19 in the report accompanying this Act. 

20 (b) Neither the President nor his designee may allo21 cate any amounts that are made available for any fiscal 

22 year under section 102(b)(2) of the CHIPS Act of 2022 

23 if there is in effect an Act making or continuing appro24 priations for part of a fiscal year for the Department of 

25 Defense: Provided, That in any fiscal year, the matter pre-
137 

•HR 4365 EH

1 ceding this proviso shall not apply to the allocation, appor2 tionment, or allotment of amounts for continuing adminis3 tration of programs allocated using funds transferred from 

4 the CHIPS for America Defense Fund, which may be allo5 cated pursuant to the transfer authority in section 

6 102(b)(1) of the CHIPS Act of 2022 only in amounts that 

7 are no more than the allocation for such purposes in sub8 section (a) of this section. 

9 (c) The Secretary of Defense may reallocate funds 

10 allocated by subsection (a) of this section, subject to the 

11 terms and conditions contained in the provisos in section 

12 8005 of this Act: Provided, That amounts may be reallo13 cated pursuant to this subsection only for those require14 ments necessary to carry out section 9903(b) of the Wil15 liam M. (Mac) Thornberry National Defense Authoriza16 tion Act for Fiscal Year 2021 (Public Law 116-283). 

17 (d) Concurrent with the annual budget submission of 

18 the President for fiscal year 2025, the Secretary of De19 fense shall submit to the Committees on Appropriations 

20 of the House of Representatives and the Senate proposed 

21 allocations by account and by program, project, or activity, 

22 with detailed justifications, for amounts made available 

23 under section 102(b)(2) of the CHIPS Act of 2022 for 

24 fiscal year 2025. 
138 

•HR 4365 EH

1 (e) The Department of Defense shall provide the 

2 Committees on Appropriations of the House of Represent3 atives and Senate quarterly reports on the status of bal4 ances of projects and activities funded by the CHIPS for 

5 America Defense Fund for amounts allocated pursuant to 

6 subsection (a) of this section, including all uncommitted, 

7 committed, and unobligated funds. 

8 SEC. 8136. Of the amounts appropriated in this Act 

9 under the heading ‘‘Research, Development, Test and 

10 Evaluation, Defense-Wide’’ for the Office of Strategic 

11 Capital, $99,000,000, to remain available until September 

12 30, 2028, shall be available for the cost of loans and loan 

13 guarantees: Provided, That such costs, including the cost 

14 of modifying such loans, shall be as defined in section 502 

15 of the Congressional Budget Act of 1974. 

16 SEC. 8137. In addition to the amounts appropriated 

17 or otherwise made available by this Act, $800,000,000 is 

18 hereby appropriated to the Department of Defense to as19 sist with increasing pay for certain enlisted grades: Pro20 vided, That the Secretary of Defense shall change the fol21 lowing cells in the military monthly basic pay table that 

22 was effective as of January 1, 2023 to the following: E23 1 with greater than four months in service to $2,600.60, 

24 E-2 to $2,799.20, E-3 with less than three years of service 

25 to $2,900.90, E-3 with three years of service to $2,950.60, 
139 

•HR 4365 EH

1 E-3 with four years of service to $3,000.60, E-3 with six 

2 or more years of service to $3,050.60, E-4 with less than 

3 two years of service to $3,010.50, E-4 with two years of 

4 service to $3,060.60, E-4 with three years of service to 

5 $3,100.10, E-4 with four years of service to $3,150.80, 

6 E-4 with six years of service to $3,210.30, E-4 with eight 

7 or more years of service to $3,260.30, E-5 with less than 

8 two years of service to $3,100.30, E-5 with two years of 

9 service to $3,150.20, E-5 with three years of service to 

10 $3,200.20, E-5 with four years of service to $3,250.20, 

11 E-6 with less than two years of service to $3,210: Provided 

12 further, That the 5.2 percent increase in pay in the fiscal 

13 year 2024 budget request for all grades is in addition to 

14 the changes identified in this section. 

15 SEC. 8138. None of the funds appropriated or other16 wise made available by this Act may be used to release 

17 information described in paragraph C4.2.2.5.2 of DoD 

18 5400.11-R regarding a current or former member of the 

19 Armed Forces to any non-Federal entity or person without 

20 the consent of such member or former member or, if the 

21 member or former member is deceased, the consent of the 

22 next of kin of such member or former member or a legally 

23 authorized representative of the estate of such member or 

24 former member, unless such information is requested 

25 under section 552 of title 5 (commonly referred to as the 
140 

•HR 4365 EH

1 ‘‘Freedom of Information Act’’) and such information is 

2 not exempt from disclosure under such section: Provided, 

3 That if such information is requested under such section, 

4 the releasing authority shall notify the member or former 

5 member who is the subject of the request or, if the mem6 ber or former member is deceased, the next of kin of such 

7 member or former member, or a legally authorized rep8 resentative of the estate of such member or former mem9 ber, prior to the release of such information: Provided fur10 ther, That this section shall not apply to a request for such 

11 information from a State or local law enforcement agency. 

12 SEC. 8139. None of the funds appropriated or other13 wise made available by this Act may be obligated or ex14 pended for acquisition, construction, installation, or leas15 ing of temporary or permanent public works, military in16 stallations, facilities, and real property, or otherwise up17 date, modernize, or repair current public works, military 

18 installations, and facilities, including leased structures, for 

19 United States Space Command until such time as the Sec20 retary of the Air Force formally selects and publicly an21 nounces the permanent location of the United States 

22 Space Command Headquarters in alignment to the United 

23 States Air Force Selection Process for the Permanent Lo24 cation of the United States Space Command Head25 quarters, as validated by the United States Government 
141 

•HR 4365 EH

1 Accountability Office Report to Congress concerning 

2 United States Space Command (GAO-22-106055) and 

3 United States Department of Defense Inspector General 

4 Report titled ‘‘Evaluation of the Air Force Selection Proc5 ess for the Permanent Location of the United States 

6 Space Command Headquarters’’ (DODIG-2022-096). 

7 SEC. 8140. None of the funds appropriated or other8 wise made available by this Act may be used to carry out 

9 sections 554(a) and 913 of the National Defense Author10 ization Act for Fiscal Year 2021 (Public Law 116-283). 

11 SEC. 8141. None of the funds appropriated or other12 wise made available by this Act may be used to implement, 

13 administer, apply, enforce, or carry out the Diversity, Eq14 uity, Inclusion, and Accessibility Strategic Plan of the De15 partment of Defense, or Executive Order 13985 of Janu16 ary 20, 2021 (86 Fed. Reg. 7009, relating to advancing 

17 racial equity and support for under-served communities 

18 through the Federal Government), Executive Order 14035 

19 of June 25, 2021 (86 Fed. Reg. 34593, relating to diver20 sity, equity, inclusion, and accessibility in the Federal 

21 workforce), Executive Order 14091 of February 16, 2023 

22 (88 Fed. Reg. 10825, relating to further advancing racial 

23 equity and support for underserved communities through 

24 the Federal government), or shall be used to execute ac25 tivities that promote or perpetuate divisive concepts re-
142 

•HR 4365 EH

1 lated to race or sex, such as the concepts that one race 

2 or sex is inherently superior to another, or that an individ3 ual’s moral character or worth is determined by their race 

4 or sex. 

5 SEC. 8142. None of the funds made available by this 

6 Act may be used for surgical procedures or hormone thera7 pies for the purposes of gender affirming care. 

8 SEC. 8143. None of the funds appropriated or other9 wise made available by this Act may be used to promote, 

10 host, facilitate, or support events on United States mili11 tary installations or as part of military recruiting pro12 grams that violate the Department of Defense Joint Eth13 ics Regulation or bring discredit upon the military, such 

14 as a drag queen story hour for children or the use of drag 

15 queens as military recruiters. 

16 SEC. 8144. None of the funds appropriated or other17 wise made available by this Act may be used or transferred 

18 to another Federal agency, board, or commission to re19 cruit, hire, or promote any person who has been convicted 

20 of a Federal or State child pornography charge, has been 

21 convicted of any other Federal or State sexual assault 

22 charge, or has been formally disciplined for using Federal 

23 resources to access, use, or sell child pornography. 

24 SEC. 8145. None of the funds appropriated by or 

25 made available in this Act shall be used to implement, ad-
143 

•HR 4365 EH

1 minister, or otherwise carry out the Department of De2 fense memorandum dated October 20, 2022, or any suc3 cessor to such memorandum, or to propose, promulgate, 

4 or implement any substantially similar rule or policy. 

5 SEC. 8146. None of the funds appropriated or other6 wise made available by this Act may be used to finalize, 

7 promulgate, or implement the rule proposed by the De8 partment of Defense titled ‘‘Federal Acquisition Regula9 tion: Disclosure of Greenhouse Gas Emissions and Cli10 mate-Related Financial Risk’’ (87 Fed. Reg. 68312; No11 vember 14, 2022), or to propose, promulgate, or imple12 ment any substantially similar rule or policy. 

13 SEC. 8147. None of the funds appropriated or other14 wise made available by this Act may be used to carry out 

15 any program, project, or activity that promotes or ad16 vances Critical Race Theory, any concept associated with 

17 Critical Race Theory, or that teaches or trains any idea 

18 or concept that condones an individual being discriminated 

19 against or receiving adverse or beneficial treatment based 

20 on race or sex, that condones an individual feeling discom21 fort, guilt, anguish, or any other form of psychological dis22 tress on account of that individual’s race or sex, as well 

23 as any idea or concept that regards one race as inherently 

24 superior to another race, the United States or its institu25 tions as being systemically racist or sexist, an individual 
144 

•HR 4365 EH

1 as being inherently racist, sexist, or oppressive by virtue 

2 of that individual’s race or sex, an individual’s moral char3 acter as being necessarily determined by race or sex, an 

4 individual as bearing responsibility for actions committed 

5 in the past by other members of the same race or sex, 

6 or meritocracy being racist, sexist, or having been created 

7 by a particular race to oppress another race. 

8 SEC. 8148. None of the funds appropriated or other9 wise made available in this Act may be used to— 

10 (1) classify or facilitate the classification of any 

11 communications by a United States person as mis12 , dis-, or mal-information; or 

13 (2) partner with or fund nonprofit or other or14 ganizations that pressure or recommend private 

15 companies to censor lawful and constitutionally pro16 tected speech of United States persons, including 

17 recommending the censoring or removal of content 

18 on social media platforms. 

19 SEC. 8149. None of the funds appropriated or other20 wise made available by this Act may be used to grant, 

21 renew, or maintain a security clearance for any individual 

22 listed as a signatory in the statement titled ‘‘Public State23 ment on the Hunter Biden Emails’’ dated October 19, 

24 2020. 
145 

•HR 4365 EH

1 SEC. 8150. (a) IN GENERAL.—Notwithstanding sec2 tion 7 of title 1, United States Code, section 1738C of 

3 title 28, United States Code, or any other provision of law, 

4 none of the funds provided by this Act, or previous appro5 priations Acts, shall be used in whole or in part to take 

6 any discriminatory action against a person, wholly or par7 tially, on the basis that such person speaks, or acts, in 

8 accordance with a sincerely held religious belief, or moral 

9 conviction, that marriage is, or should be recognized as, 

10 a union of one man and one woman. 

11 (b) DISCRIMINATORY ACTION DEFINED.—As used in 

12 subsection (a), a discriminatory action means any action 

13 taken by the Federal Government to— 

14 (1) alter in any way the Federal tax treatment 

15 of, or cause any tax, penalty, or payment to be as16 sessed against, or deny, delay, or revoke an exemp17 tion from taxation under section 501(a) of the Inter18 nal Revenue Code of 1986 of, any person referred to 

19 in subsection (a); 

20 (2) disallow a deduction for Federal tax pur21 poses of any charitable contribution made to or by 

22 such person; 

23 (3) withhold, reduce the amount or funding for, 

24 exclude, terminate, or otherwise make unavailable or 

25 deny, any Federal grant, contract, subcontract, co-
146 

•HR 4365 EH

1 operative agreement, guarantee, loan, scholarship, li2 cense, certification, accreditation, employment, or 

3 other similar position or status from or to such per4 son; 

5 (4) withhold, reduce, exclude, terminate, or oth6 erwise make unavailable or deny, any entitlement or 

7 benefit under a Federal benefit program, including 

8 admission to, equal treatment in, or eligibility for a 

9 degree from an educational program, from or to 

10 such person; or 

11 (5) withhold, reduce, exclude, terminate, or oth12 erwise make unavailable or deny access or an entitle13 ment to Federal property, facilities, educational in14 stitutions, speech fora (including traditional, limited, 

15 and nonpublic fora), or charitable fundraising cam16 paigns from or to such person. 

17 (c) ACCREDITATION; LICENSURE; CERTIFICATION.— 

18 The Federal Government shall consider accredited, li19 censed, or certified for purposes of Federal law any person 

20 that would be accredited, licensed, or certified, respec21 tively, for such purposes but for a determination against 

22 such person wholly or partially on the basis that the per23 son speaks, or acts, in accordance with a sincerely held 

24 religious belief or moral conviction described in subsection 

25 (a). 
147 

•HR 4365 EH

1 SEC. 8151. None of the funds appropriated or other2 wise made available by this Act may be used by the Sec3 retary of Defense or the Service Secretaries to fly or dis4 play a flag over or within a facility of the Department 

5 of Defense other than the flag of the United States; the 

6 flag of a State, Territory, or District of Columbia; the flag 

7 of the Department of Defense; the flag of a Military Serv8 ice; the flag of Flag or General Officers; the flag of Presi9 dentially-appointed, Senate-confirmed civilians; the flag of 

10 Senior Executive Service (SES) and Military Department11 specific SES; the POW/MIA flag; the flags of other coun12 tries with which the United States is an ally or partner, 

13 or for official protocol purposes; the flags of organizations 

14 in which the United States is a member, such as the North 

15 Atlantic Treaty Organization; or ceremonial, command, 

16 unit, or branch flags or guidons. 

17 SEC. 8152. (a) Not later than 180 days after the date 

18 of the enactment of this Act, the Secretary of Defense 

19 shall submit to the Committees on Appropriations of both 

20 the House of Representatives and Senate a report on ex21 cessive contractor payments that exceed the Truthful Cost 

22 and Pricing Act (10 U.S.C. chapter 271 and 41 U.S.C. 

23 chapter 35) threshold and with respect to which none of 

24 the exceptions to certified cost or pricing data require25 ments applies. 
148 

•HR 4365 EH

1 (b) The report required by subsection (a) shall also 

2 include the following: 

3 (1) The amounts collected, adjusted, or offset 

4 from contractors as a result of providing defective 

5 cost and pricing data. 

6 (2) The mechanisms used to identify violations 

7 of the Truthful Cost and Pricing Act (10 U.S.C. 

8 chapter 271 and 41 U.S.C. chapter 35). 

9 (3) Disciplinary actions taken by the Depart10 ment of Defense when violations of the Truthful 

11 Cost and Pricing Act (10 U.S.C. chapter 271 and 

12 41 U.S.C. chapter 35) are identified, regardless of 

13 whether included in the System for Award Manage14 ment. 

15 (4) Any referrals made to the Department of 

16 Justice where appropriate. 

17 SPENDING REDUCTION ACCOUNT

18 SEC. 8153. $0. 

19 SEC. 8154. None of the funds made available in this 

20 Act may be used to eliminate a unit of the Senior Reserve 

21 Officers’ Training Corps at an institution of higher edu22 cation. 

23 SEC. 8155. None of the funds made available by this 

24 Act may be used to administer, implement, or enforce— 
149 

•HR 4365 EH

1 (1) the proposed action outlined in the Notice 

2 published by the Department of Army to the Federal 

3 Register on August 4, 2023 (88 Fed. Reg. 51786); 

4 or 

5 (2) recommendations of the Naming Commis6 sion regarding any monument in Arlington National 

7 Cemetery. 

8 SEC. 8156. None of the funds made available by this 

9 Act may be used to deploy United States Armed Forces 

10 to Ukraine. 

11 SEC. 8157. The salary of Lloyd James Austin III, 

12 the Secretary of Defense, shall be reduced to $1. 

13 SEC. 8158. None of the funds appropriated or other14 wise made available by this Act may be used to pay for 

15 the costs of teleworking or remote working for any em16 ployee or contractor of the Department of Defense on a 

17 regular and recurring base. 

18 SEC. 8159. None of the funds made available by this 

19 Act may be used to provide assistance to the Department 

20 of Homeland Security to house persons on a military in21 stallation located in the United States. 

22 SEC. 8160. None of the funds made available by this 

23 Act may be used for any office of diversity, equity, or in24 clusion. 
150 

•HR 4365 EH

1 SEC. 8161. (a) None of the funds made available by 

2 this Act may be used, with regards to a member of the 

3 Armed Forces with a minor dependent child enrolled in 

4 an EFMP— 

5 (1) to provide gender transition procedures, in6 cluding surgery or medication, to such child through 

7 such EFMP; 

8 (2) to provide a referral for a procedure de9 scribed in paragraph (1) to such child through such 

10 EFMP; or 

11 (3) to approve a change of duty station for such 

12 member through such EFMP for the purpose of pro13 viding such child with access to procedures described 

14 in paragraph (1). 

15 (b) In this section, the term ‘‘EFMP’’ means a pro16 gram under section 1781c(e) of title 10, United States 

17 Code. 

18 SEC. 8162. None of the funds appropriated or other19 wise made available by this Act may be made available 

20 to remove a Chinese military company from the list re21 quired by section 1260H of the National Defense Author22 ization Act for Fiscal Year 2021. 

23 SEC. 8163. None of the funds made available by this 

24 Act may be made available to NewsGuard Technologies 

25 Inc. 
151 

•HR 4365 EH

1 SEC. 8164. None of the funds made available by this 

2 Act may be used to require a member of the Armed Forces 

3 or a civilian employee of the Department of Defense to 

4 receive a vaccination against COVID–19. 

5 SEC. 8165. The salary of Cyrus Salazar shall be re6 duced to $1. 

7 SEC. 8166. None of the funds made available by this 

8 Act may be used for the Reynolds Scholars Program of 

9 the Brute Krulak Center for Innovation and Future War10 fare of Marine Corps University. 

11 SEC. 8167. None of the funds appropriated by this 

12 Act may be used to implement any of the following execu13 tive orders: 

14 (1) Executive Order No. 13990, relating to 

15 Protecting Public Health and the Environment and 

16 Restoring Science To Tackle the Climate Crisis. 

17 (2) Executive Order No. 14008, relating to 

18 Tackling the Climate Crisis at Home and Abroad. 

19 (3) Section 6 of Executive Order No. 14013, re20 lating to Rebuilding and Enhancing Programs To 

21 Resettle Refugees and Planning for the Impact of 

22 Climate Change on Migration. 

23 (4) Executive Order No. 14030, relating to Cli24 mate-Related Financial Risk. 
152 

•HR 4365 EH

1 (5) Executive Order No. 14057, relating to 

2 Catalyzing Clean Energy Industries and Jobs 

3 Through Federal Sustainability. 

4 (6) Executive Order No. 14082, relating to Im5 plementation of the Energy and Infrastructure Pro6 visions of the Inflation Reduction Act of 2022. 

7 (7) Executive Order No. 14096, relating to Re8 vitalizing Our Nation’s Commitment to Environ9 mental Justice for All. 

10 SEC. 8168. None of the funds appropriated or other11 wise made available by this Act may be expended to create, 

12 procure, or display any map that depicts Taiwan, Kinmen, 

13 Matsu, Penghu, Wuciou, Green Island, or Orchid Island 

14 as part of the territory of the People’s Republic of China. 

15 SEC. 8169. None of the funds appropriated or other16 wise made available by this Act may be made available 

17 to enforce the restrictions outlined under the headings 

18 ‘‘Visits and Travel’’ (regarding limitations on ‘‘Travel to 

19 Taiwan’’) and ‘‘Communications’’ (regarding limitations 

20 on ‘‘Name’’, ‘‘Symbols of Sovereignty’’, and ‘‘Correspond21 ence’’) in the Department of State’s June 29, 2021, 

22 Memorandum for All Department and Agency Executive 

23 Secretaries entitled ‘‘Revised Guidelines on Interacting 

24 with Taiwan’’. 
153 

•HR 4365 EH

1 SEC. 8170. None of the funds made available by this 

2 Act may be used to enforce any COVID–19 mask man3 dates. 

4 This Act may be cited as the ‘‘Department of Defense 

5 Appropriations Act, 2024’’. 

Passed the House of Representatives September 28, 

2023. 

Attest: 

Clerk. 
118TH CONGRESS 

1ST SESSION H. R. 4365 

AN ACT 

Making appropriations for the Department of De2024, and for other purposes. fense for the fiscal year ending September 30,