135 
(b) Neither the President nor his designee may allo-
cate any amounts that are made available for any fiscal 
year under section 102(b)(2) of the CHIPS Act of 2022 
if there is in effect an Act making or continuing appro-
priations for part of a fiscal year for the Department of 
Defense: Provided, That in any fiscal year, the matter pre-
ceding this proviso shall not apply to the allocation, appor-
tionment, or allotment of amounts for continuing adminis-
tration of programs allocated using funds transferred from 
the CHIPS for America Defense Fund, which may be allo-
cated pursuant to the transfer authority in section 
102(b)(1) of the CHIPS Act of 2022 only in amounts that 
are no more than the allocation for such purposes in sub-
section (a) of this section. 
(c) The Secretary of Defense may reallocate funds 
allocated by subsection (a) of this section, subject to the 
terms and conditions contained in the provisos in section 
8005 of this Act: Provided, That amounts may be reallo-
cated pursuant to this subsection only for those require-
ments necessary to carry out section 9903(b) of the Wil-
liam M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116-283). 
(d) Concurrent with the annual budget submission of 
the President for fiscal year 2025, the Secretary of De-
fense shall submit to the Committees on Appropriations 
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of the House of Representatives and the Senate proposed 
allocations by account and by program, project, or activity, 
with detailed justifications, for amounts made available 
under section 102(b)(2) of the CHIPS Act of 2022 for 
fiscal year 2025. 
(e) The Department of Defense shall provide the 
Committees on Appropriations of the House of Represent-
atives and Senate quarterly reports on the status of bal-
ances of projects and activities funded by the CHIPS for 
America Defense Fund for amounts allocated pursuant to 
subsection (a) of this section, including all uncommitted, 
committed, and unobligated funds. 
SEC. 8137. Of the amounts appropriated in this Act 
under the heading ‘‘Research, Development, Test and 
Evaluation, Defense-Wide’’ for the Office of Strategic 
Capital, $99,000,000, to remain available until September 
30, 2028, shall be available for the cost of loans and loan 
guarantees: Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 
of the Congressional Budget Act of 1974. 
SEC. 8138. In addition to the amounts appropriated 
or otherwise made available by this Act, $800,000,000 is 
hereby appropriated to the Department of Defense to as-
sist with increasing pay for certain enlisted grades: Pro-
vided, That the Secretary of Defense shall change the fol-
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lowing cells in the military monthly basic pay table that 
was effective as of January 1, 2023 to the following: E- 
1 with greater than four months in service to $2,600.60, 
E-2 to $2,799.20, E-3 with less than three years of service 
to $2,900.90, E-3 with three years of service to $2,950.60, 
E-3 with four years of service to $3,000.60, E-3 with six 
or more years of service to $3,050.60, E-4 with less than 
two years of service to $3,010.50, E-4 with two years of 
service to $3,060.60, E-4 with three years of service to 
$3,100.10, E-4 with four years of service to $3,150.80, 
E-4 with six years of service to $3,210.30, E-4 with eight 
or more years of service to $3,260.30, E-5 with less than 
two years of service to $3,100.30, E-5 with two years of 
service to $3,150.20, E-5 with three years of service to 
$3,200.20, E-5 with four years of service to $3,250.20, 
E-6 with less than two years of service to $3,210: Provided 
further, That the 5.2 percent increase in pay in the fiscal 
year 2024 budget request for all grades is in addition to 
the changes identified in this section. 
SEC. 8139. None of the funds appropriated or other-
wise made available by this Act may be used to release 
information described in paragraph C4.2.2.5.2 of DoD 
5400.11-R regarding a current or former member of the 
Armed Forces to any non-Federal entity or person without 
the consent of such member or former member or, if the 
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member or former member is deceased, the consent of the 
next of kin of such member or former member or a legally 
authorized representative of the estate of such member or 
former member, unless such information is requested 
under section 552 of title 5 (commonly referred to as the 
‘‘Freedom of Information Act’’) and such information is 
not exempt from disclosure under such section: Provided, 
That if such information is requested under such section, 
the releasing authority shall notify the member or former 
member who is the subject of the request or, if the mem-
ber or former member is deceased, the next of kin of such 
member or former member, or a legally authorized rep-
resentative of the estate of such member or former mem-
ber, prior to the release of such information: Provided fur-
ther, That this section shall not apply to a request for such 
information from a State or local law enforcement agency. 
SEC. 8140. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended for acquisition, construction, installation, or leas-
ing of temporary or permanent public works, military in-
stallations, facilities, and real property, or otherwise up-
date, modernize, or repair current public works, military 
installations, and facilities, including leased structures, for 
United States Space Command until such time as the Sec-
retary of the Air Force formally selects and publicly an-
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nounces the permanent location of the United States 
Space Command Headquarters in alignment to the United 
States Air Force Selection Process for the Permanent Lo-
cation of the United States Space Command Head-
quarters, as validated by the United States Government 
Accountability Office Report to Congress concerning 
United States Space Command (GAO-22-106055) and 
United States Department of Defense Inspector General 
Report titled ‘‘Evaluation of the Air Force Selection Proc-
ess for the Permanent Location of the United States 
Space Command Headquarters’’ (DODIG-2022-096). 
SEC. 8141. None of the funds appropriated or other-
wise made available by this Act may be used to carry out 
sections 554(a) and 913 of the National Defense Author-
ization Act for Fiscal Year 2021 (Public Law 116-283). 
SEC. 8142. None of the funds appropriated or other-
wise made available by this Act may be used to implement, 
administer, apply, enforce, or carry out the Diversity, Eq-
uity, Inclusion, and Accessibility Strategic Plan of the De-
partment of Defense, or Executive Order 13985 of Janu-
ary 20, 2021 (86 Fed. Reg. 7009, relating to advancing 
racial equity and support for under-served communities 
through the Federal Government), Executive Order 14035 
of June 25, 2021 (86 Fed. Reg. 34593, relating to diver-
sity, equity, inclusion, and accessibility in the Federal 
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140 
workforce), Executive Order 14091 of February 16, 2023 
(88 Fed. Reg. 10825, relating to further advancing racial 
equity and support for underserved communities through 
the Federal government), or shall be used to execute ac-
tivities that promote or perpetuate divisive concepts re-
lated to race or sex, such as the concepts that one race 
or sex is inherently superior to another, or that an individ-
ual’s moral character or worth is determined by their race 
or sex. 
SEC. 8143. None of the funds made available by this 
Act may be used for surgical procedures or hormone thera-
pies for the purposes of gender affirming care. 
SEC. 8144. None of the funds appropriated or other-
wise made available by this Act may be used to promote, 
host, facilitate, or support events on United States mili-
tary installations or as part of military recruiting pro-
grams that violate the Department of Defense Joint Eth-
ics Regulation or bring discredit upon the military, such 
as a drag queen story hour for children or the use of drag 
queens as military recruiters. 
SEC. 8145. None of the funds appropriated or other-
wise made available by this Act may be used or transferred 
to another Federal agency, board, or commission to re-
cruit, hire, or promote any person who has been convicted 
of a Federal or State child pornography charge, has been 
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convicted of any other Federal or State sexual assault 
charge, or has been formally disciplined for using Federal 
resources to access, use, or sell child pornography. 
SEC. 8146. None of the funds appropriated by or 
made available in this Act shall be used to implement, ad-
minister, or otherwise carry out the Department of De-
fense memorandum dated October 20, 2022, or any suc-
cessor to such memorandum, or to propose, promulgate, 
or implement any substantially similar rule or policy. 
SEC. 8147. None of the funds appropriated or other-
wise made available by this Act may be used to finalize, 
promulgate, or implement the rule proposed by the De-
partment of Defense titled ‘‘Federal Acquisition Regula-
tion: Disclosure of Greenhouse Gas Emissions and Cli-
mate-Related Financial Risk’’ (87 Fed. Reg. 68312; No-
vember 14, 2022), or to propose, promulgate, or imple-
ment any substantially similar rule or policy. 
SEC. 8148. None of the funds appropriated or other-
wise made available by this Act may be used to carry out 
any program, project, or activity that promotes or ad-
vances Critical Race Theory, any concept associated with 
Critical Race Theory, or that teaches or trains any idea 
or concept that condones an individual being discriminated 
against or receiving adverse or beneficial treatment based 
on race or sex, that condones an individual feeling discom-
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fort, guilt, anguish, or any other form of psychological dis-
tress on account of that individual’s race or sex, as well 
as any idea or concept that regards one race as inherently 
superior to another race, the United States or its institu-
tions as being systemically racist or sexist, an individual 
as being inherently racist, sexist, or oppressive by virtue 
of that individual’s race or sex, an individual’s moral char-
acter as being necessarily determined by race or sex, an 
individual as bearing responsibility for actions committed 
in the past by other members of the same race or sex, 
or meritocracy being racist, sexist, or having been created 
by a particular race to oppress another race. 
SEC. 8149. None of the funds appropriated or other-
wise made available in this Act may be used to— 
(1) classify or facilitate the classification of any 
communications by a United States person as mis- 
, dis-, or mal-information; or 
(2) partner with or fund nonprofit or other or-
ganizations that pressure or recommend private 
companies to censor lawful and constitutionally pro-
tected speech of United States persons, including 
recommending the censoring or removal of content 
on social media platforms. 
SEC. 8150. None of the funds appropriated or other-
wise made available by this Act may be used to grant, 
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renew, or maintain a security clearance for any individual 
listed as a signatory in the statement titled ‘‘Public State-
ment on the Hunter Biden Emails’’ dated October 19, 
2020. 
SEC. 8151. (a) IN GENERAL.—Notwithstanding sec-
tion 7 of title 1, United States Code, section 1738C of 
title 28, United States Code, or any other provision of law, 
none of the funds provided by this Act, or previous appro-
priations Acts, shall be used in whole or in part to take 
any discriminatory action against a person, wholly or par-
tially, on the basis that such person speaks, or acts, in 
accordance with a sincerely held religious belief, or moral 
conviction, that marriage is, or should be recognized as, 
a union of one man and one woman. 
(b) DISCRIMINATORY ACTION DEFINED.—As used in 
subsection (a), a discriminatory action means any action 
taken by the Federal Government to— 
(1) alter in any way the Federal tax treatment 
of, or cause any tax, penalty, or payment to be as-
sessed against, or deny, delay, or revoke an exemp-
tion from taxation under section 501(a) of the Inter-
nal Revenue Code of 1986 of, any person referred to 
in subsection (a); 
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(2) disallow a deduction for Federal tax pur-
poses of any charitable contribution made to or by 
such person; 
(3) withhold, reduce the amount or funding for, 
exclude, terminate, or otherwise make unavailable or 
deny, any Federal grant, contract, subcontract, co-
operative agreement, guarantee, loan, scholarship, li-
cense, certification, accreditation, employment, or 
other similar position or status from or to such per-
son; 
(4) withhold, reduce, exclude, terminate, or oth-
erwise make unavailable or deny, any entitlement or 
benefit under a Federal benefit program, including 
admission to, equal treatment in, or eligibility for a 
degree from an educational program, from or to 
such person; or 
(5) withhold, reduce, exclude, terminate, or oth-
erwise make unavailable or deny access or an entitle-
ment to Federal property, facilities, educational in-
stitutions, speech fora (including traditional, limited, 
and nonpublic fora), or charitable fundraising cam-
paigns from or to such person. 
(c) ACCREDITATION; LICENSURE; CERTIFICATION.— 
The Federal Government shall consider accredited, li-
censed, or certified for purposes of Federal law any person 
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that would be accredited, licensed, or certified, respec-
tively, for such purposes but for a determination against 
such person wholly or partially on the basis that the per-
son speaks, or acts, in accordance with a sincerely held 
religious belief or moral conviction described in subsection 
(a). 
SEC. 8152. None of the funds appropriated or other-
wise made available by this Act may be used by the Sec-
retary of Defense or the Service Secretaries to fly or dis-
play a flag over or within a facility of the Department 
of Defense other than the flag of the United States; the 
flag of a State, Territory, or District of Columbia; the flag 
of the Department of Defense; the flag of a Military Serv-
ice; the flag of Flag or General Officers; the flag of Presi-
dentially-appointed, Senate-confirmed civilians; the flag of 
Senior Executive Service (SES) and Military Department- 
specific SES; the POW/MIA flag; the flags of other coun-
tries with which the United States is an ally or partner, 
or for official protocol purposes; the flags of organizations 
in which the United States is a member, such as the North 
Atlantic Treaty Organization; or ceremonial, command, 
unit, or branch flags or guidons. 
SEC. 8153. (a) Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Appropriations of both 
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the House of Representatives and Senate a report on ex-
cessive contractor payments that exceed the Truthful Cost 
and Pricing Act (10 U.S.C. chapter 271 and 41 U.S.C. 
chapter 35) threshold and with respect to which none of 
the exceptions to certified cost or pricing data require-
ments applies. 
(b) The report required by subsection (a) shall also 
include the following: 
(1) The amounts collected, adjusted, or offset 
from contractors as a result of providing defective 
cost and pricing data. 
(2) The mechanisms used to identify violations 
of the Truthful Cost and Pricing Act (10 U.S.C. 
chapter 271 and 41 U.S.C. chapter 35). 
(3) Disciplinary actions taken by the Depart-
ment of Defense when violations of the Truthful 
Cost and Pricing Act (10 U.S.C. chapter 271 and 
41 U.S.C. chapter 35) are identified, regardless of 
whether included in the System for Award Manage-
ment. 
(4) Any referrals made to the Department of 
Justice where appropriate. 
SPENDING REDUCTION ACCOUNT 
SEC. 8154. $0. 
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Union Calendar No. 93 
118TH CONGRESS 
1ST SESSION 
H. R. 4365 
[Report No. 118–121] 
A BILL 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2024, and for other purposes. 
JUNE 27, 2023 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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