H. R. 2617—123 
expansion of public and private plants, equipment, and installation 
thereof in such plants, erection of structures, and acquisition of 
land for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve plant and Government and contractor- 
owned equipment layaway, $6,139,674,000, to remain available for 
obligation until September 30, 2025. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of 
1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $372,906,000, to 
remain available for obligation until September 30, 2027, which 
shall be obligated and expended by the Secretary of Defense as 
if delegated the necessary authorities conferred by the Defense 
Production Act of 1950. 
NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT 
For procurement of rotary-wing aircraft; combat, tactical and 
support vehicles; other weapons; and other procurement items for 
the reserve components of the Armed Forces, $1,000,000,000, to 
remain available for obligation until September 30, 2025: Provided, 
That the Chiefs of National Guard and Reserve components shall, 
not later than 30 days after enactment of this Act, individually 
submit to the congressional defense committees the modernization 
priority assessment for their respective National Guard or Reserve 
component: Provided further, That none of the funds made available 
by this paragraph may be used to procure manned fixed wing 
aircraft, or procure or modify missiles, munitions, or ammunition. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$17,150,141,000, to remain available for obligation until September 
30, 2024. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$26,017,309,000, to remain available for obligation until September 
30, 2024: Provided, That funds appropriated in this paragraph 
which are available for the V–22 may be used to meet unique 
operational requirements of the Special Operations Forces. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance,
H. R. 2617—124 
rehabilitation, lease, and operation of facilities and equipment, 
$44,946,927,000, to remain available for obligation until September 
30, 2024. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, SPACE FORCE 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$16,631,377,000, to remain available until September 30, 2024. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientific research, development, test and evaluation; 
advanced research projects as may be designated and determined 
by the Secretary of Defense, pursuant to law; maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$34,565,478,000, to remain available for obligation until September 
30, 2024. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in 
connection therewith, $449,294,000, to remain available for obliga-
tion until September 30, 2024. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For the Defense Working Capital Funds, $1,654,710,000. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by 
law, $39,225,101,000; of which $35,613,417,000 shall be for oper-
ation and maintenance, of which not to exceed one percent shall 
remain available for obligation until September 30, 2024, and of 
which up to $18,577,877,000 may be available for contracts entered 
into under the TRICARE program; of which $570,074,000, to remain 
available for obligation until September 30, 2025, shall be for 
procurement; and of which $3,041,610,000, to remain available for 
obligation until September 30, 2024, shall be for research, develop-
ment, test and evaluation: Provided, That, notwithstanding any
H. R. 2617—125 
other provision of law, of the amount made available under this 
heading for research, development, test and evaluation, not less 
than $12,000,000 shall be available for HIV prevention educational 
activities undertaken in connection with United States military 
training, exercises, and humanitarian assistance activities con-
ducted primarily in African nations: Provided further, That of the 
funds provided under this heading for research, development, test 
and evaluation, not less than $1,561,000,000 shall be made available 
to the Defense Health Agency to carry out the congressionally 
directed medical research programs: Provided further, That the 
Secretary of Defense shall submit to the congressional defense 
committees quarterly reports on the current status of the deploy-
ment of the electronic health record: Provided further, That the 
Secretary of Defense shall provide notice to the congressional 
defense committees not later than 10 business days after delaying 
the proposed timeline of such deployment if such delay is longer 
than 1 week: Provided further, That the Comptroller General of 
the United States shall perform quarterly performance reviews 
of such deployment. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 
1521), and for the destruction of other chemical warfare materials 
that are not in the chemical weapon stockpile, $1,059,818,000, 
of which $84,612,000 shall be for operation and maintenance, of 
which no less than $53,186,000 shall be for the Chemical Stockpile 
Emergency Preparedness Program, consisting of $22,778,000 for 
activities on military installations and $30,408,000, to remain avail-
able until September 30, 2024, to assist State and local govern-
ments; and $975,206,000, to remain available until September 30, 
2024, shall be for research, development, test and evaluation, of 
which $971,742,000 shall only be for the Assembled Chemical 
Weapons Alternatives program. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United 
States Code; for operation and maintenance; for procurement; and 
for research, development, test and evaluation, $970,764,000, of 
which 
$614,510,000 
shall 
be 
for 
counter-narcotics 
support; 
$130,060,000 shall be for the drug demand reduction program; 
$200,316,000 shall be for the National Guard counter-drug program; 
and $25,878,000 shall be for the National Guard counter-drug 
schools program: Provided, That the funds appropriated under this 
heading shall be available for obligation for the same time period 
and for the same purpose as the appropriation to which transferred: 
Provided further, That upon a determination that all or part of 
the funds transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred
H. R. 2617—126 
back to this appropriation: Provided further, That the transfer 
authority provided under this heading is in addition to any other 
transfer authority contained elsewhere in this Act: Provided further, 
That funds appropriated under this heading may be used to support 
a new start program or project only after written prior notification 
to the Committees on Appropriations of the House of Representa-
tives and the Senate. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act 
of 1978, as amended, $485,359,000, of which $481,971,000 shall 
be for operation and maintenance, of which not to exceed $700,000 
is available for emergencies and extraordinary expenses to be 
expended upon the approval or authority of the Inspector General, 
and payments may be made upon the Inspector General’s certificate 
of necessity for confidential military purposes; of which $1,524,000, 
to remain available for obligation until September 30, 2025, shall 
be for procurement; and of which $1,864,000, to remain available 
until September 30, 2024, shall be for research, development, test 
and evaluation. 
SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS 
For logistical and security support for international sporting 
competitions (including pay and non-travel related allowances only 
for members of the Reserve Components of the Armed Forces of 
the United States called or ordered to active duty in connection 
with providing such support), $10,377,000, to remain available until 
expended. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement 
and Disability System Fund, to maintain the proper funding level 
for continuing the operation of the Central Intelligence Agency 
Retirement and Disability System, $514,000,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Community Manage-
ment Account, $562,265,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress. 
SEC. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of,
H. R. 2617—127 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national 
employees of the Department of Defense funded by this Act shall 
not be at a rate in excess of the percentage increase authorized 
by law for civilian employees of the Department of Defense whose 
pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, 
whichever is higher: Provided further, That this section shall not 
apply to Department of Defense foreign service national employees 
serving at United States diplomatic missions whose pay is set 
by the Department of State under the Foreign Service Act of 1980: 
Provided further, That the limitations of this provision shall not 
apply to foreign national employees of the Department of Defense 
in the Republic of Turkey. 
SEC. 8003. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appropriations 
in this Act which are limited for obligation during the current 
fiscal year shall be obligated during the last 2 months of the 
fiscal year: Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or summer 
camp training of the Reserve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, the Secretary 
may, with the approval of the Office of Management and Budget, 
transfer not to exceed $6,000,000,000 of working capital funds of 
the Department of Defense or funds made available in this Act 
to the Department of Defense for military functions (except military 
construction) between such appropriations or funds or any subdivi-
sion thereof, to be merged with and to be available for the same 
purposes, and for the same time period, as the appropriation or 
fund to which transferred: Provided, That such authority to transfer 
may not be used unless for higher priority items, based on unfore-
seen military requirements, than those for which originally appro-
priated and in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That the Sec-
retary of Defense shall notify the Congress promptly of all transfers 
made pursuant to this authority or any other authority in this 
Act: Provided further, That no part of the funds in this Act shall 
be available to prepare or present a request to the Committees 
on Appropriations of the House of Representatives and the Senate 
for reprogramming of funds, unless for higher priority items, based 
on unforeseen military requirements, than those for which originally 
appropriated and in no case where the item for which reprogram-
ming is requested has been denied by the Congress: Provided fur-
ther, That a request for multiple reprogrammings of funds using 
authority provided in this section shall be made prior to June 
30, 2023: Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of 
the limitation on the amount of funds that may be transferred 
under this section.
H. R. 2617—128 
SEC. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments 
to budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled Explanation of Project Level 
Adjustments in the explanatory statement regarding this Act and 
the tables contained in the classified annex accompanying this 
Act, the obligation and expenditure of amounts appropriated or 
otherwise made available in this Act for those programs, projects, 
and activities for which the amounts appropriated exceed the 
amounts requested are hereby required by law to be carried out 
in the manner provided by such tables to the same extent as 
if the tables were included in the text of this Act. 
(b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act: Provided, That section 
8005 shall apply when transfers of the amounts described in sub-
section (a) occur between appropriation accounts. 
SEC. 8007. (a) Not later than 60 days after the date of the 
enactment of this Act, the Department of Defense shall submit 
a report to the congressional defense committees to establish the 
baseline for application of reprogramming and transfer authorities 
for fiscal year 2023: Provided, That the report shall include— 
(1) a table for each appropriation with a separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level; 
(2) a delineation in the table for each appropriation both 
by budget activity and program, project, and activity as detailed 
in the Budget Appendix; and 
(3) an identification of items of special congressional 
interest. 
(b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that 
such reprogramming or transfer is necessary as an emergency 
requirement: Provided, That this subsection shall not apply to trans-
fers from the following appropriations accounts: 
(1) ‘‘Environmental Restoration, Army’’; 
(2) ‘‘Environmental Restoration, Navy’’; 
(3) ‘‘Environmental Restoration, Air Force’’; 
(4) ‘‘Environmental Restoration, Defense-Wide’’; 
(5) ‘‘Environmental Restoration, Formerly Used Defense 
Sites’’; and 
(6) 
‘‘Drug 
Interdiction 
and 
Counter-drug 
Activities, 
Defense’’. 
(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
pursuant to section 2208 of title 10, United States Code, may 
be maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: Provided, 
That transfers may be made between such funds: Provided further, 
That transfers may be made between working capital funds and
H. R. 2617—129 
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 
the ‘‘Operation and Maintenance’’ appropriation accounts in such 
amounts as may be determined by the Secretary of Defense, with 
the approval of the Office of Management and Budget, except that 
such transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer: Provided further, 
That except in amounts equal to the amounts appropriated to 
working capital funds in this Act, no obligations may be made 
against a working capital fund to procure or increase the value 
of war reserve material inventory, unless the Secretary of Defense 
has notified the Congress prior to any such obligation. 
SEC. 8009. Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees. 
SEC. 8010. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one 
year of the contract or that includes an unfunded contingent liability 
in excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any one year, 
unless the congressional defense committees have been notified 
at least 30 days in advance of the proposed contract award: Pro-
vided, That no part of any appropriation contained in this Act 
shall be available to initiate a multiyear contract for which the 
economic order quantity advance procurement is not funded at 
least to the limits of the Government’s liability: Provided further, 
That no part of any appropriation contained in this Act shall 
be available to initiate multiyear procurement contracts for any 
systems or component thereof if the value of the multiyear contract 
would exceed $500,000,000 unless specifically provided in this Act: 
Provided further, That no multiyear procurement contract can be 
terminated without 30-day prior notification to the congressional 
defense committees: Provided further, That the execution of 
multiyear authority shall require the use of a present value analysis 
to determine lowest cost compared to an annual procurement: Pro-
vided further, That none of the funds provided in this Act may 
be used for a multiyear contract executed after the date of the 
enactment of this Act unless in the case of any such contract— 
(1) the Secretary of Defense has submitted to Congress 
a budget request for full funding of units to be procured through 
the contract and, in the case of a contract for procurement 
of aircraft, that includes, for any aircraft unit to be procured 
through the contract for which procurement funds are requested 
in that budget request for production beyond advance procure-
ment activities in the fiscal year covered by the budget, full 
funding of procurement of such unit in that fiscal year; 
(2) cancellation provisions in the contract do not include 
consideration of recurring manufacturing costs of the contractor 
associated with the production of unfunded units to be delivered 
under the contract; 
(3) the contract provides that payments to the contractor 
under the contract shall not be made in advance of incurred 
costs on funded units; and 
(4) the contract does not provide for a price adjustment 
based on a failure to award a follow-on contract.
H. R. 2617—130 
Funds appropriated in title III of this Act may be used for multiyear 
procurement contracts for up to 15 DDG–51 Arleigh Burke Class 
Guided Missile Destroyers. 
SEC. 8011. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code, 
for humanitarian and civic assistance costs under chapter 20 of 
title 10, United States Code: Provided, That such funds may also 
be obligated for humanitarian and civic assistance costs incidental 
to authorized operations and pursuant to authority granted in sec-
tion 401 of title 10, United States Code, and these obligations 
shall be reported as required by section 401(d) of title 10, United 
States Code: Provided further, That funds available for operation 
and maintenance shall be available for providing humanitarian 
and similar assistance by using Civic Action Teams in the Trust 
Territories of the Pacific Islands and freely associated states of 
Micronesia, pursuant to the Compact of Free Association as author-
ized by Public Law 99–239: Provided further, That upon a deter-
mination by the Secretary of the Army that such action is beneficial 
for graduate medical education programs conducted at Army med-
ical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the 
Northern Mariana Islands, the Marshall Islands, the Federated 
States of Micronesia, Palau, and Guam. 
SEC. 8012. (a) During the current fiscal year, the civilian per-
sonnel of the Department of Defense may not be managed on 
the basis of any constraint or limitation in terms of man years, 
end strength, full-time equivalent positions, or maximum number 
of employees, but are to be managed solely on the basis of, and 
in a manner consistent with— 
(1) the total force management policies and procedures 
established under section 129a of title 10, United States Code; 
(2) the workload required to carry out the functions and 
activities of the Department; and 
(3) the funds made available to the Department for such 
fiscal year. 
(b) None of the funds appropriated by this Act may be used 
to reduce the civilian workforce programmed full time equivalent 
levels absent the appropriate analysis of the impact of these reduc-
tions on workload, military force structure, lethality, readiness, 
operational effectiveness, stress on the military force, and fully 
burdened costs. 
(c) A projection of the number of full-time equivalent positions 
shall not be considered a constraint or limitation for purposes 
of subsection (a) and reducing funding for under-execution of such 
a projection shall not be considered managing based on a constraint 
or limitation for purposes of such subsection. 
(d) The fiscal year 2024 budget request for the Department 
of Defense, and any justification material and other documentation 
supporting such a request, shall be prepared and submitted to 
Congress as if subsections (a) and (b) were effective with respect 
to such fiscal year. 
(e) Nothing in this section shall be construed to apply to mili-
tary (civilian) technicians.
H. R. 2617—131 
SEC. 8013. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
SEC. 8014. None of the funds available in this Act to the 
Department of Defense, other than appropriations made for nec-
essary or routine refurbishments, upgrades, or maintenance activi-
ties, shall be used to reduce or to prepare to reduce the number 
of deployed and non-deployed strategic delivery vehicles and 
launchers below the levels set forth in the report submitted to 
Congress in accordance with section 1042 of the National Defense 
Authorization Act for Fiscal Year 2012. 
(TRANSFER OF FUNDS) 
SEC. 8015. (a) Funds appropriated in title III of this Act for 
the Department of Defense Pilot Mentor-Prote´ge´ Program may be 
transferred to any other appropriation contained in this Act solely 
for the purpose of implementing a Mentor-Prote´ge´ Program develop-
mental assistance agreement pursuant to section 831 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101–510; 10 U.S.C. 2302 note), as amended, under the 
authority of this provision or any other transfer authority contained 
in this Act. 
(b) The Secretary of Defense shall include with the budget 
justification documents in support of the budget for fiscal year 
2024 (as submitted to Congress pursuant to section 1105 of title 
31, United States Code) a description of each transfer under this 
section that occurred during the last fiscal year before the fiscal 
year in which such budget is submitted. 
SEC. 8016. None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments 
and agencies) of welded shipboard anchor and mooring chain unless 
the anchor and mooring chain are manufactured in the United 
States from components which are substantially manufactured in 
the United States: Provided, That for the purpose of this section, 
the term ‘‘manufactured’’ shall include cutting, heat treating, 
quality control, testing of chain and welding (including the forging 
and shot blasting process): Provided further, That for the purpose 
of this section substantially all of the components of anchor and 
mooring chain shall be considered to be produced or manufactured 
in the United States if the aggregate cost of the components pro-
duced or manufactured in the United States exceeds the aggregate 
cost of the components produced or manufactured outside the 
United States: Provided further, That when adequate domestic sup-
plies are not available to meet Department of Defense requirements 
on a timely basis, the Secretary of the Service responsible for 
the procurement may waive this restriction on a case-by-case basis 
by certifying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that such an acquisi-
tion must be made in order to acquire capability for national secu-
rity purposes. 
SEC. 8017. None of the funds appropriated by this Act shall 
be used for the support of any nonappropriated funds activity 
of the Department of Defense that procures malt beverages and 
wine with nonappropriated funds for resale (including such alcoholic 
beverages sold by the drink) on a military installation located
H. R. 2617—132 
in the United States unless such malt beverages and wine are 
procured within that State, or in the case of the District of 
Columbia, within the District of Columbia, in which the military 
installation is located: Provided, That, in a case in which the 
military installation is located in more than one State, purchases 
may be made in any State in which the installation is located: 
Provided further, That such local procurement requirements for 
malt beverages and wine shall apply to all alcoholic beverages 
only for military installations in States which are not contiguous 
with another State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and the District 
of Columbia shall be procured from the most competitive source, 
price and other factors considered. 
SEC. 8018. None of the funds available to the Department 
of Defense may be used to demilitarize or dispose of M–1 Carbines, 
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, 
or M–1911 pistols, or to demilitarize or destroy small arms ammuni-
tion or ammunition components that are not otherwise prohibited 
from commercial sale under Federal law, unless the small arms 
ammunition or ammunition components are certified by the Sec-
retary of the Army or designee as unserviceable or unsafe for 
further use. 
SEC. 8019. No more than $500,000 of the funds appropriated 
or made available in this Act shall be used during a single fiscal 
year for any single relocation of an organization, unit, activity 
or function of the Department of Defense into or within the National 
Capital Region: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relocation 
is required in the best interest of the Government. 
SEC. 8020. In addition to the funds provided elsewhere in 
this Act, $25,000,000 is appropriated only for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 25, 
United States Code, shall be considered a contractor for the pur-
poses of being allowed additional compensation under section 504 
of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 
the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
appropriations for the Department of Defense with respect to any 
fiscal year: Provided further, That notwithstanding section 1906 
of title 41, United States Code, this section shall be applicable 
to any Department of Defense acquisition of supplies or services, 
including any contract and any subcontract at any tier for acquisi-
tion of commercial items produced or manufactured, in whole or 
in part, by any subcontractor or supplier defined in section 1544 
of title 25, United States Code, or a small business owned and 
controlled by an individual or individuals defined under section 
4221(9) of title 25, United States Code. 
SEC. 8021. (a) Notwithstanding any other provision of law, 
the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the States 
of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
H. R. 2617—133 
Minnesota, and Washington relocatable military housing units 
located at Grand Forks Air Force Base, Malmstrom Air Force Base, 
Mountain Home Air Force Base, Ellsworth Air Force Base, and 
Minot Air Force Base that are excess to the needs of the Air 
Force. 
(b) The Secretary of the Air Force shall convey, at no cost 
to the Air Force, military housing units under subsection (a) in 
accordance with the request for such units that are submitted 
to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the States of Nevada, Idaho, 
North Dakota, South Dakota, Montana, Oregon, Minnesota, and 
Washington. Any such conveyance shall be subject to the condition 
that the housing units shall be removed within a reasonable period 
of time, as determined by the Secretary. 
(c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests to the Secretary of the 
Air Force under subsection (b). 
(d) In this section, the term ‘‘Indian tribe’’ means any recognized 
Indian tribe included on the current list published by the Secretary 
of the Interior under section 104 of the Federally Recognized Indian 
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 
5131). 
SEC. 8022. Of the funds appropriated to the Department of 
Defense under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, not less than $20,000,000 shall be made available only 
for the mitigation of environmental impacts, including training 
and technical assistance to tribes, related administrative support, 
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and 
cost to complete estimates for mitigation, on Indian lands resulting 
from Department of Defense activities. 
SEC. 8023. Funds appropriated by this Act for the Defense 
Media Activity shall not be used for any national or international 
political or psychological activities. 
SEC. 8024. Of the amounts appropriated for ‘‘Working Capital 
Fund, Army’’, $115,000,000 shall be available to maintain competi-
tive rates at the arsenals. 
SEC. 8025. (a) Of the funds made available in this Act, not 
less than $64,800,000 shall be available for the Civil Air Patrol 
Corporation, of which— 
(1) $51,300,000 shall be available from ‘‘Operation and 
Maintenance, Air Force’’ to support Civil Air Patrol Corporation 
operation and maintenance, readiness, counter-drug activities, 
and drug demand reduction activities involving youth programs; 
(2) $11,600,000 shall be available from ‘‘Aircraft Procure-
ment, Air Force’’; and 
(3) $1,900,000 shall be available from ‘‘Other Procurement, 
Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reimbursement 
for any funds used by the Civil Air Patrol for counter-drug activities 
in support of Federal, State, and local government agencies. 
SEC. 8026. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense (depart-
ment) federally funded research and development center (FFRDC), 
either as a new entity, or as a separate entity administrated by
H. R. 2617—134 
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other FFRDCs 
and other nonprofit entities. 
(b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to 
any defense FFRDC, except when acting in a technical advisory 
capacity, may be compensated for his or her services as a member 
of such entity, or as a paid consultant by more than one FFRDC 
in a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed travel 
expenses and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of membership 
duties. 
(c) Notwithstanding any other provision of law, none of the 
funds available to the department from any source during the 
current fiscal year may be used by a defense FFRDC, through 
a fee or other payment mechanism, for construction of new buildings 
not located on a military installation, for payment of cost sharing 
for projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development. 
(d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2023, not more 
than $2,788,107,000 may be funded for professional technical staff- 
related costs of the defense FFRDCs: Provided, That within such 
funds, not more than $446,097,000 shall be available for the defense 
studies and analysis FFRDCs: Provided further, That this sub-
section shall not apply to staff years funded in the National Intel-
ligence Program and the Military Intelligence Program: Provided 
further, That the Secretary of Defense shall, with the submission 
of the department’s fiscal year 2024 budget request, submit a report 
presenting the specific amounts of staff years of technical effort 
to be allocated for each defense FFRDC by program during that 
fiscal year and the associated budget estimates, by appropriation 
account and program. 
(e) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced 
by $129,893,000: Provided, That this subsection shall not apply 
to appropriations for the National Intelligence Program and Military 
Intelligence Program. 
SEC. 8027. For the purposes of this Act, the term ‘‘congressional 
defense committees’’ means the Armed Services Committee of the 
House of Representatives, the Armed Services Committee of the 
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives. 
SEC. 8028. For the purposes of this Act, the term ‘‘congressional 
intelligence committees’’ means the Permanent Select Committee 
on Intelligence of the House of Representatives, the Select Com-
mittee on Intelligence of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on Appropria-
tions of the Senate. 
SEC. 8029. During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the production
H. R. 2617—135 
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities 
and private firms: Provided, That the Senior Acquisition Executive 
of the military department or Defense Agency concerned, with power 
of delegation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids: Provided further, That Office of Management and Budget 
Circular A–76 shall not apply to competitions conducted under 
this section. 
SEC. 8030. (a) None of the funds appropriated in this Act 
may be expended by an entity of the Department of Defense unless 
the entity, in expending the funds, complies with the Buy American 
Act. For purposes of this subsection, the term ‘‘Buy American Act’’ 
means chapter 83 of title 41, United States Code. 
(b) If the Secretary of Defense determines that a person has 
been convicted of intentionally affixing a label bearing a ‘‘Made 
in America’’ inscription to any product sold in or shipped to the 
United States that is not made in America, the Secretary shall 
determine, in accordance with section 4658 of title 10, United 
States Code, whether the person should be debarred from con-
tracting with the Department of Defense. 
(c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending 
the appropriation, purchase only American-made equipment and 
products, provided that American-made equipment and products 
are cost-competitive, quality competitive, and available in a timely 
fashion. 
SEC. 8031. None of the funds appropriated or made available 
in this Act shall be used to procure carbon, alloy, or armor steel 
plate for use in any Government-owned facility or property under 
the control of the Department of Defense which were not melted 
and rolled in the United States or Canada: Provided, That these 
procurement restrictions shall apply to any and all Federal Supply 
Class 9515, American Society of Testing and Materials (ASTM) 
or American Iron and Steel Institute (AISI) specifications of carbon, 
alloy or armor steel plate: Provided further, That the Secretary 
of the military department responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to 
acquire capability for national security purposes: Provided further, 
That these restrictions shall not apply to contracts which are in 
being as of the date of the enactment of this Act. 
SEC. 8032. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a 
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating 
against certain types of products produced in the United States 
that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary’s blanket waiver of the Buy American Act 
with respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the
H. R. 2617—136 
United States and a foreign country pursuant to which the Secretary 
of Defense has prospectively waived the Buy American Act for 
certain products in that country. 
(b) The Secretary of Defense shall submit to the Congress 
a report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2023. Such report shall separately 
indicate the dollar value of items for which the Buy American 
Act was waived pursuant to any agreement described in subsection 
(a)(2), the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), 
or any international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term ‘‘Buy American Act’’ 
means chapter 83 of title 41, United States Code. 
SEC. 8033. None of the funds appropriated by this Act may 
be used for the procurement of ball and roller bearings other than 
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military department responsible 
for such procurement may waive this restriction on a case-by- 
case basis by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate, that adequate 
domestic supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security pur-
poses: Provided further, That this restriction shall not apply to 
the purchase of ‘‘commercial products’’, as defined by section 103 
of title 41, United States Code, except that the restriction shall 
apply to ball or roller bearings purchased as end items. 
SEC. 8034. In addition to any other funds made available for 
such purposes, there is appropriated $93,500,000, for an additional 
amount for the ‘‘National Defense Stockpile Transaction Fund’’, 
to remain available until September 30, 2025, for activities pursuant 
to the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98 et seq.): Provided, That none of the funds provided under this 
section may be obligated or expended until 90 days after the Sec-
retary of Defense provides the Committees on Appropriations of 
the House of Representatives and the Senate a detailed execution 
plan for such funds. 
SEC. 8035. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must 
be made in order to acquire capability for national security purposes 
that is not available from United States manufacturers. 
SEC. 8036. (a) The Secretary of Defense may, on a case-by- 
case basis, waive with respect to a foreign country each limitation 
on the procurement of defense items from foreign sources provided 
in law if the Secretary determines that the application of the 
limitation with respect to that country would invalidate cooperative 
programs entered into between the Department of Defense and 
the foreign country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under section 
4851 of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items produced 
in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or after 
the date of the enactment of this Act; and
H. R. 2617—137 
(2) options for the procurement of items that are exercised 
after such date under contracts that are entered into before 
such date if the option prices are adjusted for any reason 
other than the application of a waiver granted under subsection 
(a). 
(c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section XI (chapters 
50–65) of the Harmonized Tariff Schedule of the United States 
and products classified under headings 4010, 4202, 4203, 6401 
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, 
and 9404. 
SEC. 8037. None of the funds made available in this Act, or 
any subsequent Act making appropriations for the Department 
of Defense, may be used for the purchase or manufacture of a 
flag of the United States unless such flags are treated as covered 
items under section 4862(b) of title 10, United States Code. 
SEC. 8038. During the current fiscal year, amounts contained 
in the Department of Defense Overseas Military Facility Investment 
Recovery Account shall be available until expended for the payments 
specified by section 2687a(b)(2) of title 10, United States Code. 
SEC. 8039. During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment 
item unit cost of not more than $350,000: Provided, That upon 
determination by the Secretary of Defense that such action is nec-
essary to meet the operational requirements of a Commander of 
a Combatant Command engaged in a named contingency operation 
overseas, such funds may be used to purchase items having an 
investment item unit cost of not more than $500,000. 
SEC. 8040. Up to $13,720,000 of the funds appropriated under 
the heading ‘‘Operation and Maintenance, Navy’’ may be made 
available for the Asia Pacific Regional Initiative Program for the 
purpose of enabling the United States Indo-Pacific Command to 
execute Theater Security Cooperation activities such as humani-
tarian assistance, and payment of incremental and personnel costs 
of training and exercising with foreign security forces: Provided, 
That funds made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian assistance, 
security assistance or combined exercise expenses: Provided further, 
That funds may not be obligated to provide assistance to any 
foreign country that is otherwise prohibited from receiving such 
type of assistance under any other provision of law. 
SEC. 8041. The Secretary of Defense shall issue regulations 
to prohibit the sale of any tobacco or tobacco-related products in 
military resale outlets in the United States, its territories and 
possessions at a price below the most competitive price in the 
local community: Provided, That such regulations shall direct that 
the prices of tobacco or tobacco-related products in overseas military 
retail outlets shall be within the range of prices established for 
military retail system stores located in the United States. 
SEC. 8042. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense 
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for
H. R. 2617—138 
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense 
Working Capital Funds if such an item would not have been charge-
able to the Department of Defense Business Operations Fund during 
fiscal year 1994 and if the purchase of such an investment item 
would be chargeable during the current fiscal year to appropriations 
made to the Department of Defense for procurement. 
(b) The fiscal year 2024 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2024 Department of Defense budget 
shall be prepared and submitted to the Congress on the basis 
that any equipment which was classified as an end item and funded 
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 2024 procurement appropriation 
and not in the supply management business area or any other 
area or category of the Department of Defense Working Capital 
Funds. 
SEC. 8043. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available 
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2024: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior 
or subsequent fiscal year shall remain available until expended: 
Provided further, That any funds appropriated or transferred to 
the Central Intelligence Agency for advanced research and develop-
ment acquisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of the National 
Security Act of 1947 (50 U.S.C. 3093) shall remain available until 
September 30, 2024: Provided further, That any funds appropriated 
or transferred to the Central Intelligence Agency for the construc-
tion, improvement, or alteration of facilities, including leased facili-
ties, to be used primarily by personnel of the intelligence commu-
nity, shall remain available until September 30, 2025. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8044. Of the funds appropriated in this Act under the 
heading ‘‘Operation and Maintenance, Defense-Wide’’, $47,000,000 
shall be for continued implementation and expansion of the Sexual 
Assault Special Victims’ Counsel Program: Provided, That the funds 
are made available for transfer to the Department of the Army, 
the Department of the Navy, and the Department of the Air Force: 
Provided further, That funds transferred shall be merged with 
and available for the same purposes and for the same time period 
as the appropriations to which the funds are transferred: Provided 
further, That this transfer authority is in addition to any other 
transfer authority provided in this Act. 
SEC. 8045. (a) Except as provided in subsections (b) and (c), 
none of the funds made available by this Act may be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the Armed Forces 
or civilian employee of the department who is transferred or 
reassigned from a headquarters activity if the member or 
employee’s place of duty remains at the location of that head-
quarters.
H. R. 2617—139 
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by- 
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and the 
Senate that the granting of the waiver will reduce the personnel 
requirements or the financial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the National 
Intelligence Program; 
(2) an Army field operating agency established to eliminate, 
mitigate, or counter the effects of improvised explosive devices, 
and, as determined by the Secretary of the Army, other similar 
threats; 
(3) an Army field operating agency established to improve 
the effectiveness and efficiencies of biometric activities and 
to integrate common biometric technologies throughout the 
Department of Defense; or 
(4) an Air Force field operating agency established to 
administer the Air Force Mortuary Affairs Program and Mor-
tuary Operations for the Department of Defense and authorized 
Federal entities. 
SEC. 8046. (a) None of the funds appropriated by this Act 
shall be available to convert to contractor performance an activity 
or function of the Department of Defense that, on or after the 
date of the enactment of this Act, is performed by Department 
of Defense civilian employees unless— 
(1) the conversion is based on the result of a public-private 
competition that includes a most efficient and cost effective 
organization plan developed by such activity or function; 
(2) the Competitive Sourcing Official determines that, over 
all performance periods stated in the solicitation of offers for 
performance of the activity or function, the cost of performance 
of the activity or function by a contractor would be less costly 
to the Department of Defense by an amount that equals or 
exceeds the lesser of— 
(A) 10 percent of the most efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advantage for a 
proposal that would reduce costs for the Department of Defense 
by— 
(A) not making an employer-sponsored health insur-
ance plan available to the workers who are to be employed 
in the performance of that activity or function under the 
contract; or 
(B) offering to such workers an employer-sponsored 
health benefits plan that requires the employer to con-
tribute less towards the premium or subscription share 
than the amount that is paid by the Department of Defense 
for health benefits for civilian employees under chapter 
89 of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to subsection 
(a) of this section or subsection (a), (b), or (c) of section 2461 
of title 10, United States Code, and notwithstanding any adminis-
trative regulation, requirement, or policy to the contrary shall have 
full authority to enter into a contract for the performance of any
H. R. 2617—140 
commercial or industrial type function of the Department of Defense 
that— 
(A) is included on the procurement list established pursuant 
to section 2 of the Javits-Wagner-O’Day Act (section 8503 of 
title 41, United States Code); 
(B) is planned to be converted to performance by a qualified 
nonprofit agency for the blind or by a qualified nonprofit agency 
for other severely handicapped individuals in accordance with 
that Act; or 
(C) is planned to be converted to performance by a qualified 
firm under at least 51 percent ownership by an Indian tribe, 
as defined in section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
Hawaiian Organization, as defined in section 8(a)(15) of the 
Small Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot contracts or contracts 
for depot maintenance as provided in sections 2469 and 2474 of 
title 10, United States Code. 
(c) The conversion of any activity or function of the Department 
of Defense under the authority provided by this section shall be 
credited toward any competitive or outsourcing goal, target, or 
measurement that may be established by statute, regulation, or 
policy and is deemed to be awarded under the authority of, and 
in compliance with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of commercial activi-
ties. 
(RESCISSIONS) 
SEC. 8047. Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from 
the following accounts and programs in the specified amounts: 
Provided, That no amounts may be rescinded from amounts that 
were designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985: 
‘‘Aircraft Procurement, Army’’, 2021/2023, $7,300,000; 
‘‘Other Procurement, Army’’, 2021/2023, $3,177,000; 
‘‘Aircraft 
Procurement, 
Air 
Force’’, 
2021/2023, 
$115,804,000; 
‘‘Operation and Maintenance, Defense-Wide’’, 2022/2023, 
$105,000,000; 
‘‘Counter-ISIS 
Train 
and 
Equip 
Fund’’, 
2022/2023, 
$65,000,000; 
‘‘Aircraft Procurement, Army’’, 2022/2024, $9,437,000; 
‘‘Other Procurement, Army’’, 2022/2024, $71,544,000; 
‘‘Shipbuilding and Conversion, Navy: CVN Refueling Over-
hauls’’, 2022/2026, $191,000,000; 
‘‘Shipbuilding and Conversion, Navy: Service Craft’’, 2022/ 
2026, $6,092,000; 
‘‘Aircraft 
Procurement, 
Air 
Force’’, 
2022/2024, 
$205,568,000; 
‘‘Other Procurement, Air Force’’, 2022/2024, $9,100,000; 
‘‘Procurement, Space Force’’, 2022/2024, $7,000,000; 
‘‘Research, Development, Test and Evaluation, Army’’, 
2022/2023, $26,700,000;
H. R. 2617—141 
‘‘Research, Development, Test and Evaluation, Air Force’’, 
2022/2023, $117,727,000; 
‘‘Research, Development, Test and Evaluation, Space 
Force’’, 2022/2023, $113,400,000; and 
‘‘Defense Counterintelligence and Security Agency Working 
Capital Fund’’, XXXX/XXXX, $30,000,000. 
SEC. 8048. None of the funds available in this Act may be 
used to reduce the authorized positions for military technicians 
(dual status) of the Army National Guard, Air National Guard, 
Army Reserve and Air Force Reserve for the purpose of applying 
any administratively imposed civilian personnel ceiling, freeze, or 
reduction on military technicians (dual status), unless such reduc-
tions are a direct result of a reduction in military force structure. 
SEC. 8049. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance 
to the Democratic People’s Republic of Korea unless specifically 
appropriated for that purpose: Provided, That this restriction shall 
not apply to any activities incidental to the Defense POW/MIA 
Accounting Agency mission to recover and identify the remains 
of United States Armed Forces personnel from the Democratic 
People’s Republic of Korea. 
SEC. 8050. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands 
and Defense Agencies shall be available for reimbursement of pay, 
allowances and other expenses which would otherwise be incurred 
against appropriations for the National Guard and Reserve when 
members of the National Guard and Reserve provide intelligence 
or counterintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the activities 
and programs included within the National Intelligence Program 
and the Military Intelligence Program: Provided, That nothing in 
this section authorizes deviation from established Reserve and 
National Guard personnel and training procedures. 
SEC. 8051. (a) None of the funds available to the Department 
of Defense for any fiscal year for drug interdiction or counter- 
drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law. 
(b) None of the funds available to the Central Intelligence 
Agency for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency 
of the United States except as specifically provided in an appropria-
tions law. 
SEC. 8052. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $49,000,000 is hereby appro-
priated to the Department of Defense: Provided, That upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, the Secretary shall make grants in the amounts 
specified as follows: $24,000,000 to the United Service Organizations 
and $25,000,000 to the Red Cross. 
SEC. 8053. Notwithstanding any other provision in this Act, 
the Small Business Innovation Research program and the Small 
Business Technology Transfer program set-asides shall be taken 
proportionally from all programs, projects, or activities to the extent 
they contribute to the extramural budget. The Secretary of each 
military department, the Director of each Defense Agency, and 
the head of each other relevant component of the Department
H. R. 2617—142 
of Defense shall submit to the congressional defense committees, 
concurrent with submission of the budget justification documents 
to Congress pursuant to section 1105 of title 31, United States 
Code, a report with a detailed accounting of the Small Business 
Innovation Research program and the Small Business Technology 
Transfer program set-asides taken from programs, projects, or 
activities within such department, agency, or component during 
the most recently completed fiscal year. 
SEC. 8054. None of the funds available to the Department 
of Defense under this Act shall be obligated or expended to pay 
a contractor under a contract with the Department of Defense 
for costs of any amount paid by the contractor to an employee 
when— 
(1) such costs are for a bonus or otherwise in excess of 
the normal salary paid by the contractor to the employee; 
and 
(2) such bonus is part of restructuring costs associated 
with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8055. During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred 
to appropriations available for the pay of military personnel, to 
be merged with, and to be available for the same time period 
as the appropriations to which transferred, to be used in support 
of such personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense 
pursuant to section 2012 of title 10, United States Code. 
SEC. 8056. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the 
period of availability for obligation has expired or which has closed 
under the provisions of section 1552 of title 31, United States 
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be 
charged to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly chargeable 
(except as to amount) to the expired or closed account before 
the end of the period of availability or closing of that account; 
(2) the obligation is not otherwise properly chargeable to 
any current appropriation account of the Department of 
Defense; and 
(3) in the case of an expired account, the obligation is 
not chargeable to a current appropriation of the Department 
of Defense under the provisions of section 1405(b)(8) of the 
National Defense Authorization Act for Fiscal Year 1991, Public 
Law 101–510, as amended (31 U.S.C. 1551 note): Provided, 
That in the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a negative 
unliquidated or unexpended balance in the account, any charge 
to a current account under the authority of this section shall 
be reversed and recorded against the expired account: Provided 
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to 
1 percent of the total appropriation for that account:
H. R. 2617—143 
Provided, That the Under Secretary of Defense (Comptroller) shall 
include with the budget of the President for fiscal year 2024 (as 
submitted to Congress pursuant to section 1105 of title 31, United 
States Code) a statement describing each instance if any, during 
each of the fiscal years 2016 through 2023 in which the authority 
in this section was exercised. 
SEC. 8057. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. The 
Chief of the National Guard Bureau shall establish the amount 
of reimbursement for such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be credited 
to funds available for the National Guard Distance Learning Project 
and be available to defray the costs associated with the use of 
equipment of the project under that subsection. Such funds shall 
be available for such purposes without fiscal year limitation. 
SEC. 8058. (a) None of the funds appropriated or otherwise 
made available by this or prior Acts may be obligated or expended 
to retire, prepare to retire, or place in storage or on backup aircraft 
inventory status any C–40 aircraft. 
(b) The limitation under subsection (a) shall not apply to an 
individual C–40 aircraft that the Secretary of the Air Force deter-
mines, on a case-by-case basis, to be no longer mission capable 
due to a Class A mishap. 
(c) If the Secretary determines under subsection (b) that an 
aircraft is no longer mission capable, the Secretary shall submit 
to the congressional defense committees a certification in writing 
that the status of such aircraft is due to a Class A mishap and 
not due to lack of maintenance, repairs, or other reasons. 
(d) Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congres-
sional defense committees a report on the necessary steps taken 
by the Department of Defense to meet the travel requirements 
for official or representational duties of members of Congress and 
the Cabinet in fiscal years 2023 and 2024. 
SEC. 8059. (a) None of the funds appropriated in title IV of 
this Act may be used to procure end-items for delivery to military 
forces for operational training, operational use, or inventory require-
ments: Provided, That this restriction does not apply to end-items 
used in development, prototyping in accordance with an approved 
test strategy, and test activities preceding and leading to acceptance 
for operational use. 
(b) If the number of end-items budgeted with funds appro-
priated in title IV of this Act exceeds the number required in 
an approved test strategy, the Under Secretary of Defense (Research 
and Engineering) and the Under Secretary of Defense (Acquisition 
and Sustainment), in coordination with the responsible Service 
Acquisition Executive, shall certify in writing to the congressional 
defense committees that there is a bonafide need for the additional 
end-items at the time of submittal to Congress of the budget of 
the President for fiscal year 2024 pursuant to section 1105 of 
title 31, United States Code: Provided, That this restriction does 
not apply to programs funded within the National Intelligence 
Program. 
(c) The Secretary of Defense shall, at the time of the submittal 
to Congress of the budget of the President for fiscal year 2024
H. R. 2617—144 
pursuant to section 1105 of title 31, United States Code, submit 
to the congressional defense committees a report detailing the use 
of funds requested in research, development, test and evaluation 
accounts for end-items used in development, prototyping and test 
activities preceding and leading to acceptance for operational use: 
Provided, That the report shall set forth, for each end item covered 
by the preceding proviso, a detailed list of the statutory authorities 
under which amounts in the accounts described in that proviso 
were used for such item: Provided further, That the Secretary 
of Defense shall, at the time of the submittal to Congress of the 
budget of the President for fiscal year 2024 pursuant to section 
1105 of title 31, United States Code, submit to the congressional 
defense committees a certification that funds requested for fiscal 
year 2024 in research, development, test and evaluation accounts 
are in compliance with this section: Provided further, That the 
Secretary of Defense may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appropriations 
of the House of Representatives and the Senate that it is in the 
national security interest to do so. 
SEC. 8060. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations 
Acts may be obligated or expended for the purpose of performing 
repairs or maintenance to military family housing units of the 
Department of Defense, including areas in such military family 
housing units that may be used for the purpose of conducting 
official Department of Defense business. 
SEC. 8061. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ‘‘Research, Development, 
Test and Evaluation, Defense-Wide’’ for any new start defense 
innovation acceleration or rapid prototyping program demonstration 
project with a value of more than $5,000,000 may only be obligated 
15 days after a report, including a description of the project, the 
planned acquisition and transition strategy and its estimated 
annual and total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying 
to the congressional defense committees that it is in the national 
interest to do so. 
SEC. 8062. The Secretary of Defense shall continue to provide 
a classified quarterly report to the Committees on Appropriations 
of the House of Representatives and the Senate, Subcommittees 
on Defense on certain matters as directed in the classified annex 
accompanying this Act. 
SEC. 8063. Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard 
serving on full-time National Guard duty under section 502(f) of 
title 32, United States Code, may perform duties in support of 
the ground-based elements of the National Ballistic Missile Defense 
System. 
SEC. 8064. None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammunition held 
by the Department of Defense that has a center-fire cartridge 
and a United States military nomenclature designation of ‘‘armor 
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary 
(API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to 
an entity performing demilitarization services for the Department 
of Defense under a contract that requires the entity to demonstrate
H. R. 2617—145 
to the satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursuant 
to a contract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Permanent 
Export of Unclassified Military Articles issued by the Department 
of State. 
SEC. 8065. Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau, or their designee, may waive 
payment of all or part of the consideration that otherwise would 
be required under section 2667 of title 10, United States Code, 
in the case of a lease of personal property for a period not in 
excess of 1 year to any organization specified in section 508(d) 
of title 32, United States Code, or any other youth, social, or 
fraternal nonprofit organization as may be approved by the Chief 
of the National Guard Bureau, or their designee, on a case-by- 
case basis. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8066. Of the amounts appropriated in this Act under 
the heading ‘‘Operation and Maintenance, Army’’, $158,967,374 
shall remain available until expended: Provided, That, notwith-
standing any other provision of law, the Secretary of Defense is 
authorized to transfer such funds to other activities of the Federal 
Government: Provided further, That the Secretary of Defense is 
authorized to enter into and carry out contracts for the acquisition 
of real property, construction, personal services, and operations 
related to projects carrying out the purposes of this section: Provided 
further, That contracts entered into under the authority of this 
section may provide for such indemnification as the Secretary deter-
mines to be necessary: Provided further, That projects authorized 
by this section shall comply with applicable Federal, State, and 
local law to the maximum extent consistent with the national 
security, as determined by the Secretary of Defense. 
SEC. 8067. (a) None of the funds appropriated in this or any 
other Act may be used to take any action to modify— 
(1) the appropriations account structure for the National 
Intelligence Program budget, including through the creation 
of a new appropriation or new appropriation account; 
(2) how the National Intelligence Program budget request 
is presented in the unclassified P–1, R–1, and O–1 documents 
supporting the Department of Defense budget request; 
(3) the process by which the National Intelligence Program 
appropriations are apportioned to the executing agencies; or 
(4) the process by which the National Intelligence Program 
appropriations are allotted, obligated and disbursed. 
(b) Nothing in subsection (a) shall be construed to prohibit 
the merger of programs or changes to the National Intelligence 
Program budget at or below the Expenditure Center level, provided 
such change is otherwise in accordance with paragraphs (1)–(3) 
of subsection (a). 
(c) The Director of National Intelligence and the Secretary 
of Defense may jointly, only for the purposes of achieving auditable 
financial statements and improving fiscal reporting, study and 
develop detailed proposals for alternative financial management
H. R. 2617—146 
processes. Such study shall include a comprehensive counterintel-
ligence risk assessment to ensure that none of the alternative 
processes will adversely affect counterintelligence. 
(d) Upon development of the detailed proposals defined under 
subsection (c), the Director of National Intelligence and the Sec-
retary of Defense shall— 
(1) provide the proposed alternatives to all affected agen-
cies; 
(2) receive certification from all affected agencies attesting 
that the proposed alternatives will help achieve auditability, 
improve fiscal reporting, and will not adversely affect counter-
intelligence; and 
(3) not later than 30 days after receiving all necessary 
certifications under paragraph (2), present the proposed alter-
natives and certifications to the congressional defense and intel-
ligence committees. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8068. In addition to amounts made available elsewhere 
in this Act, $200,000,000 is hereby appropriated to the Department 
of Defense and made available for transfer to operation and mainte-
nance accounts, procurement accounts, and research, development, 
test and evaluation accounts only for those efforts by the United 
States Africa Command or United States Southern Command to 
expand cooperation or improve the capabilities of our allies and 
partners in their areas of operation: Provided, That none of the 
funds provided under this section may be obligated or expended 
until 60 days after the Secretary of Defense provides to the congres-
sional defense committees an execution plan: Provided further, That 
not less than 30 days prior to any transfer of funds, the Secretary 
of Defense shall notify the congressional defense committees of 
the details of any such transfer: Provided further, That upon 
transfer, the funds shall be merged with and available for the 
same purposes, and for the same time period, as the appropriation 
to which transferred: Provided further, That the transfer authority 
provided under this section is in addition to any other transfer 
authority provided elsewhere in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of 
this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and 
Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’ 
may be transferred by the military department concerned to its 
central fund established for Fisher Houses and Suites pursuant 
to section 2493(d) of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8070. Of the amounts appropriated for ‘‘Operation and 
Maintenance, Navy’’, up to $1,000,000 shall be available for transfer 
to the John C. Stennis Center for Public Service Development 
Trust Fund established under section 116 of the John C. Stennis 
Center for Public Service Training and Development Act (2 U.S.C. 
1105).
H. R. 2617—147 
SEC. 8071. None of the funds available to the Department 
of Defense may be obligated to modify command and control rela-
tionships to give Fleet Forces Command operational and administra-
tive control of United States Navy forces assigned to the Pacific 
fleet: Provided, That the command and control relationships which 
existed on October 1, 2004, shall remain in force until a written 
modification has been proposed to the Committees on Appropria-
tions of the House of Representatives and the Senate: Provided 
further, That the proposed modification may be implemented 30 
days after the notification unless an objection is received from 
either the House or Senate Appropriations Committees: Provided 
further, That any proposed modification shall not preclude the 
ability of the commander of United States Indo-Pacific Command 
to meet operational requirements. 
SEC. 8072. Any notice that is required to be submitted to 
the Committees on Appropriations of the House of Representatives 
and the Senate under section 3601 of title 10, United States Code, 
as added by section 804(a) of the James M. Inhofe National Defense 
Authorization Act for Fiscal Year 2023, after the date of the enact-
ment of this Act shall be submitted pursuant to that requirement 
concurrently to the Subcommittees on Defense of the Committees 
on Appropriations of the House of Representatives and the Senate. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8073. Of the amounts appropriated in this Act under 
the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Develop-
ment, Test and Evaluation, Defense-Wide’’, $500,000,000 shall be 
for the Israeli Cooperative Programs: Provided, That of this amount, 
$80,000,000 shall be for the Secretary of Defense to provide to 
the Government of Israel for the procurement of the Iron Dome 
defense system to counter short-range rocket threats, subject to 
the U.S.-Israel Iron Dome Procurement Agreement, as amended; 
$127,000,000 shall be for the Short Range Ballistic Missile Defense 
(SRBMD) program, including cruise missile defense research and 
development under the SRBMD program; $40,000,000 shall be for 
co-production activities of SRBMD systems in the United States 
and in Israel to meet Israel’s defense requirements consistent with 
each nation’s laws, regulations, and procedures, subject to the U.S.- 
Israeli 
co-production 
agreement 
for 
SRBMD, 
as 
amended; 
$80,000,000 shall be for an upper-tier component to the Israeli 
Missile Defense Architecture, of which $80,000,000 shall be for 
co-production activities of Arrow 3 Upper Tier systems in the United 
States and in Israel to meet Israel’s defense requirements consistent 
with each nation’s laws, regulations, and procedures, subject to 
the U.S.-Israeli co-production agreement for Arrow 3 Upper Tier, 
as amended; and $173,000,000 shall be for the Arrow System 
Improvement Program including development of a long range, 
ground and airborne, detection suite: Provided further, That the 
transfer authority provided under this provision is in addition to 
any other transfer authority contained in this Act. 
SEC. 8074. Of the amounts appropriated in this Act under 
the heading ‘‘Shipbuilding and Conversion, Navy’’, $1,312,646,000 
shall be available until September 30, 2023, to fund prior year 
shipbuilding cost increases for the following programs: 
(1) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2013/2023: Carrier Replacement Program, $461,700,000;
H. R. 2617—148 
(2) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 
2015/2023: 
Virginia 
Class 
Submarine 
Program, 
$46,060,000; 
(3) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2015/2023: DDG–51 Destroyer, $30,231,000; 
(4) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2015/2023: Littoral Combat Ship, $4,250,000; 
(5) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2016/2023: DDG–51 Destroyer, $24,238,000; 
(6) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 
2016/2023: 
Virginia 
Class 
Submarine 
Program, 
$58,642,000; 
(7) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2016/2023: TAO Fleet Oiler, $9,200,000; 
(8) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2016/2023: Littoral Combat Ship, $18,000,000; 
(9) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2016/2023: CVN Refueling Overhauls, $62,000,000; 
(10) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2016/2023: Towing, Salvage, and Rescue Ship Program, 
$1,750,000; 
(11) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2017/2023: DDG–51 Destroyer, $168,178,000; 
(12) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2017/2023: LPD–17, $17,739,000; 
(13) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2017/2023: LHA Replacement Program, $19,300,000; 
(14) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2017/2023: Littoral Combat Ship, $29,030,000; 
(15) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2018/2023: DDG–51 Destroyer, $5,930,000; 
(16) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2018/2023: Littoral Combat Ship, $9,538,000; 
(17) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2018/2023: TAO Fleet Oiler, $12,500,000; 
(18) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2018/2023: Towing, Salvage, and Rescue Ship Program, 
$2,800,000; 
(19) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2019/2023: Littoral Combat Ship, $6,983,000; 
(20) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2019/2023: TAO Fleet Oiler, $106,400,000; 
(21) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2019/2023: Towing, Salvage, and Rescue Ship Program, 
$2,450,000; 
(22) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 
2021/2023: 
Virginia 
Class 
Submarine 
Program, 
$200,000,000; and 
(23) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2021/2023: Towing, Salvage, and Rescue Ship Program, 
$15,727,000. 
SEC. 8075. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence activities and 
intelligence-related activities not otherwise authorized in the Intel-
ligence Authorization Act for Fiscal Year 2023 are deemed to be 
specifically authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 3094).
H. R. 2617—149 
SEC. 8076. None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming 
of funds that creates or initiates a new program, project, or activity 
unless such program, project, or activity must be undertaken imme-
diately in the interest of national security and only after written 
prior notification to the congressional defense committees. 
SEC. 8077. In addition to amounts provided elsewhere in this 
Act, $5,000,000 is hereby appropriated to the Department of 
Defense, to remain available for obligation until expended: Provided, 
That notwithstanding any other provision of law, that upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, these funds shall be available only for a grant 
to the Fisher House Foundation, Inc., only for the construction 
and furnishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness or hos-
pitalization of an eligible military beneficiary. 
SEC. 8078. None of the funds in this Act may be used for 
research, development, test, evaluation, procurement or deployment 
of nuclear armed interceptors of a missile defense system. 
SEC. 8079. None of the funds made available by this Act may 
be obligated or expended for the purpose of decommissioning the 
USS Fort Worth, the USS Wichita, the USS Billings, the USS 
Indianapolis, or the USS St. Louis. 
SEC. 8080. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation 
of the 53rd Weather Reconnaissance Squadron of the Air Force 
Reserve, if such action would reduce the WC–130 Weather Recon-
naissance mission below the levels funded in this Act: Provided, 
That the Air Force shall allow the 53rd Weather Reconnaissance 
Squadron to perform other missions in support of national defense 
requirements during the non-hurricane season. 
SEC. 8081. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during 
the conduct of authorized foreign intelligence activities: Provided, 
That information pertaining to United States persons shall only 
be handled in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as implemented 
through Executive Order No. 12333. 
SEC. 8082. (a) None of the funds appropriated by this Act 
may be used to transfer research and development, acquisition, 
or other program authority relating to current tactical unmanned 
aerial vehicles (TUAVs) from the Army. 
(b) The Army shall retain responsibility for and operational 
control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) 
in order to support the Secretary of Defense in matters relating 
to the employment of unmanned aerial vehicles. 
SEC. 8083. None of the funds appropriated by this Act for 
programs of the Office of the Director of National Intelligence 
shall remain available for obligation beyond the current fiscal year, 
except for funds appropriated for research and technology, which 
shall remain available until September 30, 2024, and except for 
funds appropriated for the purchase of real property, which shall 
remain available until September 30, 2025. 
SEC. 8084. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be
H. R. 2617—150 
considered to be for the same purpose as any subdivision under 
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations 
in any prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8085. (a) Not later than 60 days after the date of enact-
ment of this Act, the Director of National Intelligence shall submit 
a report to the congressional intelligence committees to establish 
the baseline for application of reprogramming and transfer authori-
ties for fiscal year 2023: Provided, That the report shall include— 
(1) a table for each appropriation with a separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level; 
(2) a delineation in the table for each appropriation by 
Expenditure Center and project; and 
(3) an identification of items of special congressional 
interest. 
(b) None of the funds provided for the National Intelligence 
Program in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional intelligence committees, unless the Director of 
National Intelligence certifies in writing to the congressional intel-
ligence committees that such reprogramming or transfer is nec-
essary as an emergency requirement. 
SEC. 8086. Any transfer of amounts appropriated to the Depart-
ment of Defense Acquisition Workforce Development Account in 
or for fiscal year 2023 to a military department or Defense Agency 
pursuant to section 1705(e)(1) of title 10, United States Code, shall 
be covered by and subject to section 8005 of this Act. 
SEC. 8087. (a) None of the funds provided for the National 
Intelligence Program in this or any prior appropriations Act shall 
be available for obligation or expenditure through a reprogramming 
or transfer of funds in accordance with section 102A(d) of the 
National Security Act of 1947 (50 U.S.C. 3024(d)) that— 
(1) creates a new start effort; 
(2) terminates a program with appropriated funding of 
$10,000,000 or more; 
(3) transfers funding into or out of the National Intelligence 
Program; or 
(4) transfers funding between appropriations, unless the 
congressional intelligence committees are notified 30 days in 
advance of such reprogramming of funds; this notification 
period may be reduced for urgent national security require-
ments. 
(b) None of the funds provided for the National Intelligence 
Program in this or any prior appropriations Act shall be available 
for obligation or expenditure through a reprogramming or transfer 
of funds in accordance with section 102A(d) of the National Security 
Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase 
or decrease of the levels specified in the classified annex accom-
panying the Act unless the congressional intelligence committees 
are notified 30 days in advance of such reprogramming of funds; 
this notification period may be reduced for urgent national security 
requirements. 
SEC. 8088. (a) Any agency receiving funds made available in 
this Act, shall, subject to subsections (b) and (c), post on the public 
Web site of that agency any report required to be submitted by
H. R. 2617—151 
the Congress in this or any other Act, upon the determination 
by the head of the agency that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises national 
security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall do so 
only after such report has been made available to the requesting 
Committee or Committees of Congress for no less than 45 days. 
SEC. 8089. (a) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Federal con-
tract for an amount in excess of $1,000,000, unless the contractor 
agrees not to— 
(1) enter into any agreement with any of its employees 
or independent contractors that requires, as a condition of 
employment, that the employee or independent contractor agree 
to resolve through arbitration any claim under title VII of 
the Civil Rights Act of 1964 or any tort related to or arising 
out of sexual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, false impris-
onment, or negligent hiring, supervision, or retention; or 
(2) take any action to enforce any provision of an existing 
agreement with an employee or independent contractor that 
mandates that the employee or independent contractor resolve 
through arbitration any claim under title VII of the Civil Rights 
Act of 1964 or any tort related to or arising out of sexual 
assault or harassment, including assault and battery, inten-
tional infliction of emotional distress, false imprisonment, or 
negligent hiring, supervision, or retention. 
(b) None of the funds appropriated or otherwise made available 
by this Act may be expended for any Federal contract unless the 
contractor certifies that it requires each covered subcontractor to 
agree not to enter into, and not to take any action to enforce 
any provision of, any agreement as described in paragraphs (1) 
and (2) of subsection (a), with respect to any employee or inde-
pendent contractor performing work related to such subcontract. 
For purposes of this subsection, a ‘‘covered subcontractor’’ is an 
entity that has a subcontract in excess of $1,000,000 on a contract 
subject to subsection (a). 
(c) The prohibitions in this section do not apply with respect 
to a contractor’s or subcontractor’s agreements with employees or 
independent contractors that may not be enforced in a court of 
the United States. 
(d) The Secretary of Defense may waive the application of 
subsection (a) or (b) to a particular contractor or subcontractor 
for the purposes of a particular contract or subcontract if the 
Secretary or the Deputy Secretary personally determines that the 
waiver is necessary to avoid harm to national security interests 
of the United States, and that the term of the contract or sub-
contract is not longer than necessary to avoid such harm. The 
determination shall set forth with specificity the grounds for the 
waiver and for the contract or subcontract term selected, and shall 
state any alternatives considered in lieu of a waiver and the reasons 
each such alternative would not avoid harm to national security 
interests of the United States. The Secretary of Defense shall 
transmit to Congress, and simultaneously make public, any deter-
mination under this subsection not less than 15 business days
H. R. 2617—152 
before the contract or subcontract addressed in the determination 
may be awarded. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8090. From within the funds appropriated for operation 
and maintenance for the Defense Health Program in this Act, 
up to $168,000,000, shall be available for transfer to the Joint 
Department of Defense-Department of Veterans Affairs Medical 
Facility Demonstration Fund in accordance with the provisions 
of section 1704 of the National Defense Authorization Act for Fiscal 
Year 2010, Public Law 111–84: Provided, That for purposes of 
section 1704(b), the facility operations funded are operations of 
the integrated Captain James A. Lovell Federal Health Care Center, 
consisting of the North Chicago Veterans Affairs Medical Center, 
the Navy Ambulatory Care Center, and supporting facilities des-
ignated as a combined Federal medical facility as described by 
section 706 of Public Law 110–417: Provided further, That addi-
tional funds may be transferred from funds appropriated for oper-
ation and maintenance for the Defense Health Program to the 
Joint Department of Defense-Department of Veterans Affairs Med-
ical Facility Demonstration Fund upon written notification by the 
Secretary of Defense to the Committees on Appropriations of the 
House of Representatives and the Senate. 
SEC. 8091. None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Defense 
or a component thereof in contravention of the provisions of section 
130h of title 10, United States Code. 
SEC. 8092. Appropriations available to the Department of 
Defense may be used for the purchase of heavy and light armored 
vehicles for the physical security of personnel or for force protection 
purposes up to a limit of $450,000 per vehicle, notwithstanding 
price or other limitations applicable to the purchase of passenger 
carrying vehicles. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8093. Upon a determination by the Director of National 
Intelligence that such action is necessary and in the national 
interest, the Director may, with the approval of the Office of 
Management and Budget, transfer not to exceed $1,500,000,000 
of the funds made available in this Act for the National Intelligence 
Program: Provided, That such authority to transfer may not be 
used unless for higher priority items, based on unforeseen intel-
ligence requirements, than those for which originally appropriated 
and in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That a request 
for multiple reprogrammings of funds using authority provided 
in this section shall be made prior to June 30, 2023. 
SEC. 8094. Of the amounts appropriated in this Act for ‘‘Ship-
building and Conversion, Navy’’, $133,000,000, to remain available 
for obligation until September 30, 2027, may be used for the pur-
chase of two used sealift vessels for the National Defense Reserve 
Fleet, established under section 11 of the Merchant Ship Sales 
Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are 
available for reimbursements to the Ready Reserve Force, Maritime 
Administration account of the United States Department of 
Transportation for programs, projects, activities, and expenses
H. R. 2617—153 
related to the National Defense Reserve Fleet: Provided further, 
That notwithstanding section 2218 of title 10, United States Code, 
none of these funds shall be transferred to the National Defense 
Sealift Fund for execution. 
SEC. 8095. The Secretary of Defense shall post grant awards 
on a public website in a searchable format. 
SEC. 8096. None of the funds made available by this Act may 
be used by the National Security Agency to— 
(1) conduct an acquisition pursuant to section 702 of the 
Foreign Intelligence Surveillance Act of 1978 for the purpose 
of targeting a United States person; or 
(2) acquire, monitor, or store the contents (as such term 
is defined in section 2510(8) of title 18, United States Code) 
of any electronic communication of a United States person 
from a provider of electronic communication services to the 
public pursuant to section 501 of the Foreign Intelligence 
Surveillance Act of 1978. 
SEC. 8097. None of the funds made available in this or any 
other Act may be used to pay the salary of any officer or employee 
of any agency funded by this Act who approves or implements 
the transfer of administrative responsibilities or budgetary 
resources of any program, project, or activity financed by this Act 
to the jurisdiction of another Federal agency not financed by this 
Act without the express authorization of Congress: Provided, That 
this limitation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of Acts 
providing supplemental appropriations for the Department of 
Defense. 
SEC. 8098. Of the amounts appropriated in this Act for ‘‘Oper-
ation and Maintenance, Navy’’, $589,325,000, to remain available 
until expended, may be used for any purposes related to the 
National Defense Reserve Fleet established under section 11 of 
the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100): Provided, 
That such amounts are available for reimbursements to the Ready 
Reserve Force, Maritime Administration account of the United 
States Department of Transportation for programs, projects, activi-
ties, and expenses related to the National Defense Reserve Fleet. 
SEC. 8099. None of the funds made available by this Act may 
be used for Government Travel Charge Card expenses by military 
or civilian personnel of the Department of Defense for gaming, 
or for entertainment that includes topless or nude entertainers 
or participants, as prohibited by Department of Defense FMR, 
Volume 9, Chapter 3 and Department of Defense Instruction 
1015.10 (enclosure 3, 14a and 14b). 
SEC. 8100. (a) None of the funds provided in this Act for 
the TAO Fleet Oiler program shall be used to award a new contract 
that provides for the acquisition of the following components unless 
those components are manufactured in the United States: Auxiliary 
equipment (including pumps) for shipboard services; propulsion 
equipment (including engines, reduction gears, and propellers); ship-
board cranes; spreaders for shipboard cranes; and anchor chains, 
specifically for the seventh and subsequent ships of the fleet. 
(b) None of the funds provided in this Act for the FFG(X) 
Frigate program shall be used to award a new contract that provides 
for the acquisition of the following components unless those compo-
nents are manufactured in the United States: Air circuit breakers;
H. R. 2617—154 
gyrocompasses; electronic navigation chart systems; steering con-
trols; pumps; propulsion and machinery control systems; totally 
enclosed lifeboats; auxiliary equipment pumps; shipboard cranes; 
auxiliary chill water systems; and propulsion propellers: Provided, 
That the Secretary of the Navy shall incorporate United States 
manufactured propulsion engines and propulsion reduction gears 
into the FFG(X) Frigate program beginning not later than with 
the eleventh ship of the program. 
SEC. 8101. None of the funds provided in this Act for require-
ments development, performance specification development, concept 
design and development, ship configuration development, systems 
engineering, naval architecture, marine engineering, operations 
research analysis, industry studies, preliminary design, develop-
ment of the Detailed Design and Construction Request for Proposals 
solicitation package, or related activities for the T–ARC(X) Cable 
Laying and Repair Ship or the T–AGOS(X) Oceanographic Surveil-
lance Ship may be used to award a new contract for such activities 
unless these contracts include specifications that all auxiliary equip-
ment, including pumps and propulsion shafts, are manufactured 
in the United States. 
SEC. 8102. No amounts credited or otherwise made available 
in this or any other Act to the Department of Defense Acquisition 
Workforce Development Account may be transferred to: 
(1) the Rapid Prototyping Fund established under section 
804(d) of the National Defense Authorization Act for Fiscal 
Year 2016 (10 U.S.C. 2302 note); or 
(2) credited to a military-department specific fund estab-
lished under section 804(d)(2) of the National Defense 
Authorization Act for Fiscal Year 2016 (as amended by section 
897 of the National Defense Authorization Act for Fiscal Year 
2017). 
SEC. 8103. From funds made available in title II of this Act, 
the Secretary of Defense may purchase for use by military and 
civilian employees of the Department of Defense in the United 
States Central Command area of responsibility: (1) passenger motor 
vehicles up to a limit of $75,000 per vehicle; and (2) heavy and 
light armored vehicles for the physical security of personnel or 
for force protection purposes up to a limit of $450,000 per vehicle, 
notwithstanding price or other limitations applicable to the pur-
chase of passenger carrying vehicles. 
SEC. 8104. (a) None of the funds made available in this Act 
may be used to maintain or establish a computer network unless 
such network is designed to block access to pornography websites. 
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency 
or any other entity carrying out criminal investigations, prosecution, 
or adjudication activities, or for any activity necessary for the 
national defense, including intelligence activities. 
SEC. 8105. None of the funds provided for, or otherwise made 
available, in this or any other Act, may be obligated or expended 
by the Secretary of Defense to provide motorized vehicles, aviation 
platforms, munitions other than small arms and munitions appro-
priate for customary ceremonial honors, operational military units, 
or operational military platforms if the Secretary determines that 
providing such units, platforms, or equipment would undermine 
the readiness of such units, platforms, or equipment.
H. R. 2617—155 
SEC. 8106. (a) None of the funds made available by this or 
any other Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a grant 
to, or provide a loan or loan guarantee to any corporation that 
has any unpaid Federal tax liability that has been assessed, for 
which all judicial and administrative remedies have been exhausted 
or have lapsed, and that is not being paid in a timely manner 
pursuant to an agreement with the authority responsible for col-
lecting such tax liability, provided that the applicable Federal 
agency is aware of the unpaid Federal tax liability. 
(b) Subsection (a) shall not apply if the applicable Federal 
agency has considered suspension or debarment of the corporation 
described in such subsection and has made a determination that 
such suspension or debarment is not necessary to protect the 
interests of the Federal Government. 
SEC. 8107. (a) Amounts appropriated under title IV of this 
Act, as detailed in budget activity eight of the ‘‘Explanation of 
Project Level Adjustments’’ tables in the explanatory statement 
regarding this Act, may be used for expenses for the agile research, 
development, test and evaluation, procurement, production, modi-
fication, and operation and maintenance, only for the following 
Software and Digital Technology Pilot programs— 
(1) Defensive CYBER (PE 0608041A); 
(2) Risk Management Information (PE 0608013N); 
(3) 
Maritime 
Tactical 
Command 
and 
Control 
(PE 
0608231N); 
(4) Space Command & Control (PE 1208248SF); 
(5) National Background Investigation Services (PE 
0608197V); 
(6) Global Command and Control System (PE 0303150K); 
and 
(7) Acquisition Visibility (PE 0608648D8Z). 
(b) None of the funds appropriated by this or prior Department 
of Defense Appropriations Acts may be obligated or expended to 
initiate additional Software and Digital Technology Pilot Programs 
in fiscal year 2023. 
SEC. 8108. In addition to amounts provided elsewhere in this 
Act, there is appropriated $686,500,000, for an additional amount 
for ‘‘Operation and Maintenance, Defense-Wide’’, to remain avail-
able until expended: Provided, That such funds shall only be avail-
able to the Secretary of Defense, acting through the Office of Local 
Defense Community Cooperation of the Department of Defense, 
or for transfer to the Secretary of Education, notwithstanding any 
other provision of law, to make grants, conclude cooperative agree-
ments, or supplement other Federal funds to construct, renovate, 
repair, or expand elementary and secondary public schools on mili-
tary installations in order to address capacity or facility condition 
deficiencies at such schools: Provided further, That in making such 
funds available, the Office of Local Defense Community Cooperation 
or the Secretary of Education shall give priority consideration to 
those military installations with schools having the most serious 
capacity or facility condition deficiencies as determined by the Sec-
retary of Defense: Provided further, That as a condition of receiving 
funds under this section a local educational agency or State shall 
provide a matching share as described in the notice titled ‘‘Depart-
ment of Defense Program for Construction, Renovation, Repair or
H. R. 2617—156 
Expansion of Public Schools Located on Military Installations’’ pub-
lished by the Department of Defense in the Federal Register on 
September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided further, 
That these provisions apply to funds provided under this section, 
and to funds previously provided by Congress to construct, renovate, 
repair, or expand elementary and secondary public schools on mili-
tary installations in order to address capacity or facility condition 
deficiencies at such schools to the extent such funds remain unobli-
gated on the date of enactment of this section. 
SEC. 8109. None of the funds made available in this Act may 
be used in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States Code. 
(2) Section 2242 of the Foreign Affairs Reform and Restruc-
turing Act of 1998 (division G of Public Law 105–277; 112 
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed 
thereto, including regulations under part 208 of title 8, Code 
of Federal Regulations, and part 95 of title 22, Code of Federal 
Regulations. 
(3) Sections 1002 and 1003 of the Department of Defense, 
Emergency Supplemental Appropriations to Address Hurri-
canes in the Gulf of Mexico, and Pandemic Influenza Act, 
2006 (Public Law 109–148). 
SEC. 8110. Of the amounts appropriated in this Act under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the 
Defense Security Cooperation Agency, $300,000,000, to remain 
available until September 30, 2024, shall be for the Ukraine Secu-
rity Assistance Initiative: Provided, That such funds shall be avail-
able to the Secretary of Defense, with the concurrence of the Sec-
retary of State, to provide assistance, including training; equipment; 
lethal assistance; logistics support, supplies and services; salaries 
and stipends; sustainment; and intelligence support to the military 
and national security forces of Ukraine, and to other forces or 
groups recognized by and under the authority of the Government 
of Ukraine, including governmental entities within Ukraine, 
engaged in resisting Russian aggression against Ukraine, for 
replacement of any weapons or articles provided to the Government 
of Ukraine from the inventory of the United States, and to recover 
or dispose of equipment procured using funds made available in 
this section in this or prior Acts: Provided further, That the Sec-
retary of Defense shall, not less than 15 days prior to obligating 
funds made available in this section, notify the congressional 
defense committees in writing of the details of any such obligation: 
Provided further, That the Secretary of Defense shall, not more 
than 60 days after such notification is made, inform such commit-
tees if such funds have not been obligated and the reasons therefor: 
Provided further, That the Secretary of Defense shall consult with 
such committees in advance of the provision of support provided 
to other forces or groups recognized by and under the authority 
of the Government of Ukraine: Provided further, That the United 
States may accept equipment procured using funds made available 
in this section in this or prior Acts transferred to the security 
forces of Ukraine and returned by such forces to the United States: 
Provided further, That equipment procured using funds made avail-
able in this section in this or prior Acts, and not yet transferred
H. R. 2617—157 
to the military or national security forces of Ukraine or to other 
assisted entities, or returned by such forces or other assisted entities 
to the United States, may be treated as stocks of the Department 
of Defense upon written notification to the congressional defense 
committees: Provided further, That the Secretary of Defense shall 
provide quarterly reports to the congressional defense committees 
on the use and status of funds made available in this section. 
SEC. 8111. During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, 
That, such contributions shall, upon receipt, be credited to the 
appropriations or fund which incurred such obligations. 
SEC. 8112. Of the amounts appropriated in this Act under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the 
Defense Security Cooperation Agency, $1,510,260,000, to remain 
available until September 30, 2024, shall be available for Inter-
national Security Cooperation Programs and other programs to 
provide support and assistance to foreign security forces or other 
groups or individuals to conduct, support or facilitate counterter-
rorism, crisis response, or building partner capacity programs: Pro-
vided, That the Secretary of Defense shall, not less than 15 days 
prior to obligating funds made available in this section, notify 
the congressional defense committees in writing of the details of 
any planned obligation: Provided further, That the Secretary of 
Defense shall provide quarterly reports to the Committees on Appro-
priations of the House of Representatives and the Senate on the 
use and status of funds made available in this section. 
SEC. 8113. Of the amounts appropriated in this Act under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the 
Defense Security Cooperation Agency, $410,000,000, to remain 
available until September 30, 2024, shall be available to reimburse 
Jordan, Lebanon, Egypt, Tunisia, and Oman under section 1226 
of the National Defense Authorization Act for Fiscal Year 2016 
(22 U.S.C. 2151 note), for enhanced border security, of which not 
less than $150,000,000 shall be for Jordan: Provided, That the 
Secretary of Defense shall, not less than 15 days prior to obligating 
funds made available in this section, notify the congressional 
defense committees in writing of the details of any planned obliga-
tion and the nature of the expenses incurred: Provided further, 
That the Secretary of Defense shall provide quarterly reports to 
the Committees on Appropriations of the House of Representatives 
and the Senate on the use and status of funds made available 
in this section. 
SEC. 8114. None of the funds made available by this Act may 
be used in contravention of the War Powers Resolution (50 U.S.C. 
1541 et seq.). 
SEC. 8115. None of the funds made available by this Act for 
excess defense articles, assistance under section 333 of title 10, 
United States Code, or peacekeeping operations for the countries 
designated annually to be in violation of the standards of the 
Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22 
U.S.C. 2370c–1) may be used to support any military training 
or operation that includes child soldiers, as defined by the Child 
Soldiers Prevention Act of 2008, unless such assistance is otherwise
H. R. 2617—158 
permitted under section 404 of the Child Soldiers Prevention Act 
of 2008. 
SEC. 8116. None of the funds made available by this Act may 
be made available for any member of the Taliban. 
SEC. 8117. Notwithstanding any other provision of law, any 
transfer of funds, appropriated or otherwise made available by 
this Act, for support to friendly foreign countries in connection 
with the conduct of operations in which the United States is not 
participating, pursuant to section 331(d) of title 10, United States 
Code, shall be made in accordance with section 8005 of this Act. 
SEC. 8118. (a) None of the funds appropriated or otherwise 
made available by this or any other Act may be used by the 
Secretary of Defense, or any other official or officer of the Depart-
ment of Defense, to enter into a contract, memorandum of under-
standing, or cooperative agreement with, or make a grant to, or 
provide a loan or loan guarantee to Rosoboronexport or any sub-
sidiary of Rosoboronexport. 
(b) The Secretary of Defense may waive the limitation in sub-
section (a) if the Secretary, in consultation with the Secretary 
of State and the Director of National Intelligence, determines that 
it is in the vital national security interest of the United States 
to do so, and certifies in writing to the congressional defense 
committees that— 
(1) Rosoboronexport has ceased the transfer of lethal mili-
tary equipment to, and the maintenance of existing lethal mili-
tary equipment for, the Government of the Syrian Arab 
Republic; 
(2) the armed forces of the Russian Federation have with-
drawn from Ukraine; and 
(3) agents of the Russian Federation have ceased taking 
active measures to destabilize the control of the Government 
of Ukraine over eastern Ukraine. 
(c) The Inspector General of the Department of Defense shall 
conduct a review of any action involving Rosoboronexport with 
respect to a waiver issued by the Secretary of Defense pursuant 
to subsection (b), and not later than 90 days after the date on 
which such a waiver is issued by the Secretary of Defense, the 
Inspector General shall submit to the congressional defense commit-
tees a report containing the results of the review conducted with 
respect to such waiver. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8119. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $1,000,000,000, to remain 
available until September 30, 2024, is hereby appropriated to the 
Department of Defense and made available for transfer only to 
other appropriations available to the Department of Defense in 
Department of Defense Appropriations Acts: Provided, That such 
funds shall be available to the Secretary of Defense for the purpose 
of conducting activities relating to improvements of infrastructure 
and defueling at the Red Hill Bulk Fuel Storage Facility: Provided 
further, That amounts transferred pursuant to this appropriation 
shall be merged with, and be available for the same purposes 
and time period as the appropriations to which transferred: Pro-
vided further, That upon a determination that all or part of the 
funds transferred from this appropriation are not necessary for
H. R. 2617—159 
the purposes provided in this section, such amounts may be trans-
ferred back to this section: Provided further, That the transfer 
authority provided pursuant to this section is in addition to any 
other transfer authority provided by law: Provided further, That 
not less than 30 days prior to any transfer of funds pursuant 
to this section, the Secretary of Defense shall notify the congres-
sional defense committees of the details of any such transfer: Pro-
vided further, That not later than 60 days after the enactment 
of this Act and every 30 days thereafter through fiscal year 2024, 
the Secretary of Defense shall submit a report to the Committees 
on Appropriations of the House of Representatives and Senate, 
setting forth all categories and amounts of obligations and expendi-
tures made under the authority provided in this section. 
SEC. 8120. (a) Notwithstanding section 2215 of title 10, United 
States Code, the Secretary of Defense may transfer to the Secretary 
of State, for use by the United States Agency for International 
Development, amounts to be used for the Bien Hoa dioxin cleanup 
in Vietnam. 
(b) Not more than $15,000,000 may be transferred in each 
of fiscal years 2024 through 2030 under the transfer authority 
in subsection (a). 
(c) The transfer authority in subsection (a) is in addition to 
any other transfer authority available to the Department of Defense. 
(d) If the Secretary of Defense determines to use the transfer 
authority in subsection (a), the Secretary shall notify the congres-
sional defense committees of that determination not later than 
30 days before the Secretary uses the transfer authority. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8121. In addition to amounts appropriated in title III, 
title IV, or otherwise made available elsewhere in this Act, 
$1,052,501,000 is hereby appropriated to the Department of Defense 
and made available for transfer to the procurement and research, 
development, test and evaluation accounts of the Army, Navy, 
Marine Corps, Air Force, and Space Force to reflect revised economic 
assumptions: Provided, That the transfer authority provided under 
this section is in addition to any other transfer authority provided 
elsewhere in this Act: Provided further, That none of the funds 
provided under this section may be obligated or expended until 
30 days after the Secretary of Defense provides the Committees 
on Appropriations of the House of Representatives and the Senate 
a detailed execution plan for such funds. 
SEC. 8122. Notwithstanding any other provision of this Act, 
to reflect savings due to favorable foreign exchange rates, the total 
amount appropriated in this Act is hereby reduced by $956,400,000. 
SEC. 8123. Equipment procured using funds provided in prior 
Acts under the heading ‘‘Counterterrorism Partnerships Fund’’ for 
the program authorized by section 1209 of the Carl Levin and 
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act 
for Fiscal Year 2015 (Public Law 113–291), or under the heading 
‘‘Iraq Train and Equip Fund’’ for the program authorized by section 
1236 of such Act, and not yet transferred to authorized recipients 
may be transferred to foreign security forces, irregular forces, 
groups, or individuals, authorized to receive assistance using 
amounts provided under the heading ‘‘Counter-ISIS Train and 
Equip Fund’’ in this Act: Provided, That such equipment may
H. R. 2617—160 
be transferred 15 days following written notification to the congres-
sional defense committees. 
SEC. 8124. Of the amounts appropriated in this Act under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the 
Defense Security Cooperation Agency, $25,000,000, to remain avail-
able until September 30, 2024, shall be for payments to reimburse 
key cooperating nations for logistical, military, and other support, 
including access, provided to United States military and stability 
operations to counter the Islamic State of Iraq and Syria: Provided, 
That such reimbursement payments may be made in such amounts 
as the Secretary of Defense, with the concurrence of the Secretary 
of State, and in consultation with the Director of the Office of 
Management and Budget, may determine, based on documentation 
determined by the Secretary of Defense to adequately account for 
the support provided, and such determination is final and conclusive 
upon the accounting officers of the United States, and 15 days 
following written notification to the appropriate congressional 
committees: Provided further, That these funds may be used for 
the purpose of providing specialized training and procuring supplies 
and specialized equipment and providing such supplies and loaning 
such equipment on a non-reimbursable basis to coalition forces 
supporting United States military and stability operations to 
counter the Islamic State of Iraq and Syria, and 15 days following 
written notification to the appropriate congressional committees: 
Provided further, That the Secretary of Defense shall provide quar-
terly reports to the Committees on Appropriations of the House 
of Representatives and the Senate on the use and status of funds 
made available in this section. 
SEC. 8125. In carrying out the program described in the memo-
randum on the subject of ‘‘Policy for Assisted Reproductive Services 
for the Benefit of Seriously or Severely Ill/Injured (Category II 
or III) Active Duty Service Members’’ issued by the Assistant Sec-
retary of Defense for Health Affairs on April 3, 2012, and the 
guidance issued to implement such memorandum, the Secretary 
of Defense shall apply such policy and guidance, except that— 
(1) 
the 
limitation 
on 
periods 
regarding 
embryo 
cryopreservation and storage set forth in part III(G) and in 
part IV(H) of such memorandum shall not apply; and 
(2) the term ‘‘assisted reproductive technology’’ shall 
include embryo cryopreservation and storage without limitation 
on the duration of such cryopreservation and storage. 
SEC. 8126. None of the funds appropriated or otherwise made 
available by this Act may be used to transfer the National Recon-
naissance Office to the Space Force: Provided, That nothing in 
this Act shall be construed to limit or prohibit cooperation, 
collaboration, and coordination between the National Reconnais-
sance Office and the Space Force or any other elements of the 
Department of Defense. 
SEC. 8127. Funds awarded pursuant to the authority in section 
8085 of the Department of Defense Appropriations Act, 2010 (Public 
Law 111–118) to the Edward M. Kennedy Institute for the Senate 
may be used for facility operations and maintenance, and program 
activities, without regard to any previous endowment disbursement 
limitations. 
SEC. 8128. The Secretary of Defense shall notify the congres-
sional defense committees in writing not more than 30 days after
H. R. 2617—161 
the receipt of any contribution of funds received from the govern-
ment of a foreign country for any purpose relating to the stationing 
or operations of the United States Armed Forces: Provided, That 
such notification shall include the amount of the contribution; the 
purpose for which such contribution was made; and the authority 
under which such contribution was accepted by the Secretary of 
Defense: Provided further, That not fewer than 15 days prior to 
obligating such funds, the Secretary of Defense shall submit to 
the congressional defense committees in writing a notification of 
the planned use of such contributions, including whether such con-
tributions would support existing or new stationing or operations 
of the United States Armed Forces. 
SEC. 8129. (a) The Chairman of the Joint Chiefs, in coordination 
with the Secretaries of the military departments and the Chiefs 
of the Armed Forces, shall submit to the congressional defense 
committees, not later than 30 days after the last day of each 
quarter of the fiscal year, a report on the use of operation and 
maintenance funds for activities or exercises in excess of $5,000,000 
that have been designated by the Secretary of Defense as unplanned 
activities for fiscal year 2023. 
(b) Each report required by subsection (a) shall also include— 
(1) the title, date, and location, of each activity and exercise 
covered by the report; 
(2) an identification of the military department and units 
that participated in each such activity or exercise (including 
an estimate of the number of participants); 
(3) the total cost of the activity or exercise, by budget 
line item (with a breakdown by cost element such as transpor-
tation); and 
(4) a short explanation of the objective of the activity or 
exercise. 
(c) The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex. 
SEC. 8130. Not later than 15 days after the date on which 
any foreign base that involves the stationing or operations of the 
United States Armed Forces, including a temporary base, perma-
nent base, or base owned and operated by a foreign country, is 
opened or closed, the Secretary of Defense shall notify the congres-
sional defense committees in writing of the opening or closing 
of such base: Provided, That such notification shall also include 
information on any personnel changes, costs, and savings associated 
with the opening or closing of such base. 
SEC. 8131. None of the funds made available by this Act may 
be used with respect to Iraq in contravention of the War Powers 
Resolution (50 U.S.C. 1541 et seq.), including for the introduction 
of United States Armed Forces into hostilities in Iraq, into situa-
tions in Iraq where imminent involvement in hostilities is clearly 
indicated by the circumstances, or into Iraqi territory, airspace, 
or waters while equipped for combat, in contravention of the 
congressional consultation and reporting requirements of sections 
3 and 4 of such Resolution (50 U.S.C. 1542 and 1543). 
SEC. 8132. None of the funds made available by this Act may 
be used with respect to Syria in contravention of the War Powers 
Resolution (50 U.S.C. 1541 et seq.), including for the introduction 
of United States armed or military forces into hostilities in Syria, 
into situations in Syria where imminent involvement in hostilities 
is clearly indicated by the circumstances, or into Syrian territory,
H. R. 2617—162 
airspace, or waters while equipped for combat, in contravention 
of the congressional consultation and reporting requirements of 
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543). 
SEC. 8133. Nothing in this Act may be construed as authorizing 
the use of force against Iran or the Democratic People’s Republic 
of Korea. 
SEC. 8134. None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended 
by the United States Government for a purpose as follows: 
(1) To establish any military installation or base for the 
purpose of providing for the permanent stationing of United 
States Armed Forces in Iraq. 
(2) To exercise United States control over any oil resource 
of Iraq or Syria. 
SEC. 8135. None of the funds made available by this Act under 
the heading ‘‘Counter-ISIS Train and Equip Fund’’, and under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’ for 
Department of Defense security cooperation grant programs, may 
be used to procure or transfer man-portable air defense systems. 
SEC. 8136. Up to $500,000,000 of funds appropriated by this 
Act for the Defense Security Cooperation Agency in ‘‘Operation 
and Maintenance, Defense-Wide’’ may be used to provide assistance 
to the Government of Jordan to support the armed forces of Jordan 
and to enhance security along its borders. 
SEC. 8137. None of the funds made available by this Act may 
be used to support any activity conducted by, or associated with, 
the Wuhan Institute of Virology. 
SEC. 8138. None of the funds made available by this Act may 
be used to provide arms, training, or other assistance to the Azov 
Battalion. 
SEC. 8139. None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, 
or assist in the transfer or release to or within the United States, 
its territories, or possessions Khalid Sheikh Mohammed or any 
other detainee who— 
(1) is not a United States citizen or a member of the 
Armed Forces of the United States; and 
(2) is or was held on or after June 24, 2009, at United 
States Naval Station, Guanta´namo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 8140. None of the funds appropriated or otherwise made 
available in this Act may be used to transfer any individual detained 
at United States Naval Station Guanta´namo Bay, Cuba, to the 
custody or control of the individual’s country of origin, any other 
foreign country, or any other foreign entity except in accordance 
with section 1034 of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92) and section 1035 of the 
John S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115–232). 
SEC. 8141. (a) None of the funds appropriated or otherwise 
made available in this or any other Act may be used to construct, 
acquire, or modify any facility in the United States, its territories, 
or possessions to house any individual described in subsection (c) 
for the purposes of detention or imprisonment in the custody or 
under the effective control of the Department of Defense.
H. R. 2617—163 
(b) The prohibition in subsection (a) shall not apply to any 
modification 
of 
facilities 
at 
United 
States 
Naval 
Station, 
Guanta´namo Bay, Cuba. 
(c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guanta´namo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a member 
of the Armed Forces of the United States; and 
(2) is— 
(A) in the custody or under the effective control of 
the Department of Defense; or 
(B) otherwise under detention at United States Naval 
Station, Guanta´namo Bay, Cuba. 
SEC. 8142. None of the funds made available by this Act may 
be used to carry out the closure or realignment of the United 
States Naval Station, Guanta´namo Bay, Cuba. 
SEC. 8143. None of the funds made available by this Act may 
be used to fund any work to be performed by EcoHealth Alliance, 
Inc. in China on research supported by the government of China 
unless the Secretary of Defense determines that a waiver to such 
prohibition is in the national security interests of the United States 
and, not later than 14 days after granting such a waiver, submits 
to the congressional defense committees a detailed justification 
for the waiver, including— 
(1) an identification of the Department of Defense entity 
obligating or expending the funds; 
(2) an identification of the amount of such funds; 
(3) an identification of the intended purpose of such funds; 
(4) an identification of the recipient or prospective recipient 
of such funds (including any third-party entity recipient, as 
applicable); 
(5) an explanation for how the waiver is in the national 
security interests of the United States; and 
(6) any other information the Secretary determines appro-
priate. 
SEC. 8144. (a) Within 45 days of enactment of this Act, the 
Secretary of Defense shall allocate amounts made available from 
the Creating Helpful Incentives to Produce Semiconductors (CHIPS) 
for America Defense Fund for fiscal year 2023 pursuant to the 
transfer authority in section 102(b)(1) of the CHIPS Act of 2022 
(division A of Public Law 117–167), to the account specified, in 
the amounts specified, and for the projects and activities specified, 
in the table titled ‘‘Department of Defense Allocation of Funds: 
CHIPS and Science Act Fiscal Year 2023’’ in the explanatory state-
ment described in section 4 (in the matter preceding division A 
of this consolidated Act). 
(b) Neither the President nor his designee may allocate 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 appropriations for part of a fiscal year for 
the Department of Defense: Provided, That in any fiscal year, 
the matter preceding this proviso shall not apply to the allocation, 
apportionment, or allotment of amounts for continuing administra-
tion of programs allocated using funds transferred from the CHIPS 
for America Defense Fund, which may be allocated pursuant to 
the transfer authority in section 102(b)(1) of the CHIPS Act of
H. R. 2617—164 
2022 only in amounts that are no more than the allocation for 
such purposes in subsection (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 reallocated pursuant to this subsection only 
for those requirements necessary to carry out section 9903(b) of 
the William M. (Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116–283). 
(d) Concurrent with the annual budget submission of the Presi-
dent for fiscal year 2024, the Secretary of Defense shall submit 
to the Committees on Appropriations of the House of Representa-
tives and the Senate proposed allocations by account and by pro-
gram, project, or activity, with detailed justifications, for amounts 
made available under section 102(b)(2) of the CHIPS Act of 2022 
for fiscal year 2024. 
(e) The Department of Defense shall provide the Committees 
on Appropriations of the House of Representatives and Senate 
quarterly reports on the status of balances of projects and activities 
funded by the CHIPS for America Defense Fund for amounts allo-
cated pursuant to subsection (a) of this section, including all 
uncommitted, committed, and unobligated funds. 
SEC. 8145. The Secretary of the Navy shall continue to provide 
pay and allowances to Lieutenant Ridge Alkonis, United States 
Navy, until such time as the Secretary of the Navy makes a deter-
mination with respect to the separation of Lieutenant Alkonis from 
the Navy. 
This division may be cited as the ‘‘Department of Defense 
Appropriations Act, 2023’’. 
DIVISION D—ENERGY AND WATER DEVELOPMENT AND 
RELATED AGENCIES APPROPRIATIONS ACT, 2023 
TITLE I 
CORPS OF ENGINEERS—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief 
of Engineers for authorized civil functions of the Department of 
the Army pertaining to river and harbor, flood and storm damage 
reduction, shore protection, aquatic ecosystem restoration, and 
related efforts. 
INVESTIGATIONS 
For expenses necessary where authorized by law for the collec-
tion and study of basic information pertaining to river and harbor, 
flood and storm damage reduction, shore protection, aquatic eco-
system restoration, and related needs; for surveys and detailed 
studies, and plans and specifications of proposed river and harbor, 
flood and storm damage reduction, shore protection, and aquatic
H. R. 2617—165 
ecosystem restoration projects, and related efforts prior to construc-
tion; for restudy of authorized projects; and for miscellaneous inves-
tigations, and, when authorized by law, surveys and detailed 
studies, and plans and specifications of projects prior to construc-
tion, $172,500,000, to remain available until expended: Provided, 
That the Secretary shall not deviate from the work plan, once 
the plan has been submitted to the Committees on Appropriations 
of both Houses of Congress. 
CONSTRUCTION 
For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic eco-
system restoration, and related projects authorized by law; for 
conducting detailed studies, and plans and specifications, of such 
projects (including those involving participation by States, local 
governments, or private groups) authorized or made eligible for 
selection by law (but such detailed studies, and plans and specifica-
tions, shall not constitute a commitment of the Government to 
construction); $1,808,800,000, to remain available until expended; 
of which $75,518,000, to be derived from the Harbor Maintenance 
Trust Fund, shall be to cover the Federal share of construction 
costs for facilities under the Dredged Material Disposal Facilities 
program; and of which such sums as are necessary to cover 35 
percent of the costs of construction, replacement, rehabilitation, 
and expansion of inland waterways projects shall be derived from 
the Inland Waterways Trust Fund, except as otherwise specifically 
provided for in law: Provided, That the Secretary shall not deviate 
from the work plan, once the plan has been submitted to the 
Committees on Appropriations of both Houses of Congress. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for flood damage reduction projects 
and related efforts in the Mississippi River alluvial valley below 
Cape Girardeau, Missouri, as authorized by law, $370,000,000, to 
remain available until expended, of which $15,390,000, to be derived 
from the Harbor Maintenance Trust Fund, shall be to cover the 
Federal share of eligible operation and maintenance costs for inland 
harbors: Provided, That the Secretary shall not deviate from the 
work plan, once the plan has been submitted to the Committees 
on Appropriations of both Houses of Congress. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, maintenance, and 
care of existing river and harbor, flood and storm damage reduction, 
aquatic ecosystem restoration, and related projects authorized by 
law; providing security for infrastructure owned or operated by 
the Corps, including administrative buildings and laboratories; 
maintaining harbor channels provided by a State, municipality, 
or other public agency that serve essential navigation needs of 
general commerce, where authorized by law; surveying and charting 
northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removing obstructions to naviga-
tion, $5,078,500,000, to remain available until expended, of which 
$2,227,092,000, to be derived from the Harbor Maintenance Trust 
Fund, shall be to cover the Federal share of eligible operations
H. R. 2617—166 
and maintenance costs for coastal harbors and channels, and for 
inland harbors; of which such sums as become available from the 
special account for the Corps of Engineers established by the Land 
and Water Conservation Fund Act of 1965 shall be derived from 
that account for resource protection, research, interpretation, and 
maintenance activities related to resource protection in the areas 
at which outdoor recreation is available; of which such sums as 
become available from fees collected under section 217 of Public 
Law 104–303 shall be used to cover the cost of operation and 
maintenance of the dredged material disposal facilities for which 
such fees have been collected; and of which $56,000,000, to be 
derived from the general fund of the Treasury, shall be to carry 
out subsection (c) of section 2106 of the Water Resources Reform 
and Development Act of 2014 (33 U.S.C. 2238c) and shall be des-
ignated as being for such purpose pursuant to paragraph (2)(B) 
of section 14003 of division B of the Coronavirus Aid, Relief, and 
Economic Security Act (Public Law 116–136): Provided, That 1 
percent of the total amount of funds provided for each of the 
programs, projects, or activities funded under this heading shall 
not be allocated to a field operating activity prior to the beginning 
of the fourth quarter of the fiscal year and shall be available 
for use by the Chief of Engineers to fund such emergency activities 
as the Chief of Engineers determines to be necessary and appro-
priate, and that the Chief of Engineers shall allocate during the 
fourth quarter any remaining funds which have not been used 
for emergency activities proportionally in accordance with the 
amounts provided for the programs, projects, or activities: Provided 
further, That the Secretary shall not deviate from the work plan, 
once the plan has been submitted to the Committees on Appropria-
tions of both Houses of Congress. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws pertaining 
to regulation of navigable waters and wetlands, $218,000,000, to 
remain available until September 30, 2024. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination from sites 
in the United States resulting from work performed as part of 
the Nation’s early atomic energy program, $400,000,000, to remain 
available until expended. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary to prepare for flood, hurricane, and 
other natural disasters and support emergency operations, repairs, 
and other activities in response to such disasters as authorized 
by law, $35,000,000, to remain available until expended. 
EXPENSES 
For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters 
of the Corps of Engineers and the offices of the Division Engineers; 
and for costs of management and operation of the Humphreys 
Engineer Center Support Activity, the Institute for Water
H. R. 2617—167 
Resources, the United States Army Engineer Research and Develop-
ment Center, and the United States Army Corps of Engineers 
Finance Center allocable to the civil works program, $215,000,000, 
to remain available until September 30, 2024, of which not to 
exceed $5,000 may be used for official reception and representation 
purposes and only during the current fiscal year: Provided, That 
no part of any other appropriation provided in this title shall 
be available to fund the civil works activities of the Office of 
the Chief of Engineers or the civil works executive direction and 
management activities of the division offices: Provided further, That 
any Flood Control and Coastal Emergencies appropriation may 
be used to fund the supervision and general administration of 
emergency operations, repairs, and other activities in response to 
any flood, hurricane, or other natural disaster. 
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS 
For the Office of the Assistant Secretary of the Army for Civil 
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 
available until September 30, 2024: Provided, That not more than 
75 percent of such amount may be obligated or expended until 
the Assistant Secretary submits to the Committees on Appropria-
tions of both Houses of Congress the report required under section 
101(d) of this Act and a work plan that allocates at least 95 
percent of the additional funding provided under each heading 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act), to specific programs, 
projects, or activities. 
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM 
ACCOUNT 
For administrative expenses to carry out the direct and guaran-
teed loan programs authorized by the Water Infrastructure Finance 
and Innovation Act of 2014, $7,200,000, to remain available until 
September 30, 2024. 
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 101. (a) None of the funds provided in title I of this 
Act, or provided by previous appropriations Acts to the agencies 
or entities funded in title I of this Act that remain available for 
obligation or expenditure in fiscal year 2023, shall be available 
for obligation or expenditure through a reprogramming of funds 
that: 
(1) creates or initiates a new program, project, or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, project, 
or activity for which funds have been denied or restricted 
by this Act, unless prior approval is received from the Commit-
tees on Appropriations of both Houses of Congress; 
(4) proposes to use funds directed for a specific activity 
for a different purpose, unless prior approval is received from 
the Committees on Appropriations of both Houses of Congress; 
(5) augments or reduces existing programs, projects, or 
activities in excess of the amounts contained in paragraphs
H. R. 2617—168 
(6) through (10), unless prior approval is received from the 
Committees on Appropriations of both Houses of Congress; 
(6) INVESTIGATIONS.—For a base level over $100,000, re-
programming of 25 percent of the base amount up to a limit 
of $150,000 per project, study or activity is allowed: Provided, 
That for a base level less than $100,000, the reprogramming 
limit is $25,000: Provided further, That up to $25,000 may 
be reprogrammed into any continuing study or activity that 
did not receive an appropriation for existing obligations and 
concomitant administrative expenses; 
(7) CONSTRUCTION.—For a base level over $2,000,000, re-
programming of 15 percent of the base amount up to a limit 
of $3,000,000 per project, study or activity is allowed: Provided, 
That for a base level less than $2,000,000, the reprogramming 
limit is $300,000: Provided further, That up to $3,000,000 may 
be reprogrammed for settled contractor claims, changed condi-
tions, or real estate deficiency judgments: Provided further, 
That up to $300,000 may be reprogrammed into any continuing 
study or activity that did not receive an appropriation for 
existing obligations and concomitant administrative expenses; 
(8) OPERATION AND MAINTENANCE.—Unlimited reprogram-
ming authority is granted for the Corps to be able to respond 
to emergencies: Provided, That the Chief of Engineers shall 
notify the Committees on Appropriations of both Houses of 
Congress of these emergency actions as soon thereafter as 
practicable: Provided further, That for a base level over 
$1,000,000, reprogramming of 15 percent of the base amount 
up to a limit of $5,000,000 per project, study, or activity is 
allowed: Provided further, That for a base level less than 
$1,000,000, the reprogramming limit is $150,000: Provided fur-
ther, That $150,000 may be reprogrammed into any continuing 
study or activity that did not receive an appropriation; 
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogram-
ming guidelines in paragraphs (6), (7), and (8) shall apply 
to the Investigations, Construction, and Operation and Mainte-
nance portions of the Mississippi River and Tributaries Account, 
respectively; and 
(10) FORMERLY
UTILIZED
SITES
REMEDIAL
ACTION
PRO-
GRAM.—Reprogramming of up to 15 percent of the base of 
the receiving project is permitted. 
(b) DE MINIMUS REPROGRAMMINGS.—In no case should a re-
programming for less than $50,000 be submitted to the Committees 
on Appropriations of both Houses of Congress. 
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall 
not apply to any project or activity funded under the continuing 
authorities program. 
(d) Not later than 60 days after the date of enactment of 
this Act, the Secretary shall submit a report to the Committees 
on Appropriations of both Houses of Congress to establish the 
baseline for application of reprogramming and transfer authorities 
for the current fiscal year which shall include: 
(1) A table for each appropriation with a separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if 
applicable, and the fiscal year enacted level;
H. R. 2617—169 
(2) A delineation in the table for each appropriation both 
by object class and program, project and activity as detailed 
in the budget appendix for the respective appropriations; and 
(3) An identification of items of special congressional 
interest. 
SEC. 102. The Secretary shall allocate funds made available 
in this Act solely in accordance with the provisions of this Act 
and in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act). 
SEC. 103. None of the funds made available in this title may 
be used to award or modify any contract that commits funds beyond 
the amounts appropriated for that program, project, or activity 
that remain unobligated, except that such amounts may include 
any funds that have been made available through reprogramming 
pursuant to section 101. 
SEC. 104. The Secretary of the Army may transfer to the 
Fish and Wildlife Service, and the Fish and Wildlife Service may 
accept and expend, up to $5,400,000 of funds provided in this 
title under the heading ‘‘Operation and Maintenance’’ to mitigate 
for fisheries lost due to Corps of Engineers projects. 
SEC. 105. None of the funds in this Act shall be used for 
an open lake placement alternative for dredged material, after 
evaluating the least costly, environmentally acceptable manner for 
the disposal or management of dredged material originating from 
Lake Erie or tributaries thereto, unless it is approved under a 
State water quality certification pursuant to section 401 of the 
Federal Water Pollution Control Act (33 U.S.C. 1341): Provided, 
That until an open lake placement alternative for dredged material 
is approved under a State water quality certification, the Corps 
of Engineers shall continue upland placement of such dredged mate-
rial consistent with the requirements of section 101 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2211). 
SEC. 106. None of the funds made available by this Act may 
be used to carry out any water supply reallocation study under 
the Wolf Creek Dam, Lake Cumberland, Kentucky, project author-
ized under the Act of July 24, 1946 (60 Stat. 636, ch. 595). 
SEC. 107. None of the funds made available by this Act or 
any other Act may be used to reorganize or to transfer the Civil 
Works functions or authority of the Corps of Engineers or the 
Secretary of the Army to another department or agency. 
SEC. 108. Additional funding provided in this Act shall be 
allocated only to projects determined to be eligible by the Chief 
of Engineers. 
TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carrying out activities authorized by the Central Utah 
Project Completion Act, $23,000,000, to remain available until 
expended, of which $5,000,000 shall be deposited into the Utah 
Reclamation Mitigation and Conservation Account for use by the 
Utah Reclamation Mitigation and Conservation Commission: Pro-
vided, That of the amount provided under this heading, $1,600,000
H. R. 2617—170 
shall be available until September 30, 2024, for expenses necessary 
in carrying out related responsibilities of the Secretary of the 
Interior: Provided further, That for fiscal year 2023, of the amount 
made available to the Commission under this Act or any other 
Act, the Commission may use an amount not to exceed $1,880,000 
for administrative expenses. 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation: 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFERS OF FUNDS) 
For management, development, and restoration of water and 
related natural resources and for related activities, including the 
operation, maintenance, and rehabilitation of reclamation and other 
facilities, participation in fulfilling related Federal responsibilities 
to Native Americans, and related grants to, and cooperative and 
other agreements with, State and local governments, federally rec-
ognized Indian Tribes, and others, $1,787,151,000, to remain avail-
able until expended, of which $22,165,000 shall be available for 
transfer to the Upper Colorado River Basin Fund and $7,584,000 
shall be available for transfer to the Lower Colorado River Basin 
Development Fund; of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund: Provided, That 
$500,000 shall be available for transfer into the Aging Infrastruc-
ture Account established by section 9603(d)(1) of the Omnibus 
Public Land Management Act of 2009, as amended (43 U.S.C. 
510b(d)(1)): Provided further, That such transfers, except for the 
transfer authorized by the preceding proviso, may be increased 
or decreased within the overall appropriation under this heading: 
Provided further, That of the total appropriated, the amount for 
program activities that can be financed by the Reclamation Fund, 
the Water Storage Enhancement Receipts account established by 
section 4011(e) of Public Law 114–322, or the Bureau of Reclamation 
special fee account established by 16 U.S.C. 6806 shall be derived 
from that Fund or account: Provided further, That funds contributed 
under 43 U.S.C. 395 are available until expended for the purposes 
for which the funds were contributed: Provided further, That funds 
advanced under 43 U.S.C. 397a shall be credited to this account 
and are available until expended for the same purposes as the 
sums appropriated under this heading: Provided further, That of 
the amounts made available under this heading, $10,000,000 shall 
be deposited in the San Gabriel Basin Restoration Fund established 
by section 110 of title I of division B of appendix D of Public 
Law 106–554: Provided further, That of the amounts provided 
herein, funds may be used for high-priority projects which shall 
be carried out by the Youth Conservation Corps, as authorized 
by 16 U.S.C. 1706: Provided further, That within available funds, 
$250,000 shall be for grants and financial assistance for educational 
activities: Provided further, That in accordance with section 4007 
of Public Law 114–322 and as recommended by the Secretary in 
a letter dated November 30, 2022, funding provided for such purpose 
in fiscal years 2021 and 2022 shall be made available to the Los 
Vaqueros Reservoir Expansion Project Phase 2, and the North-
H. R. 2617—171 
of-the-Delta Off Stream Storage (Sites Reservoir Project): Provided 
further, That in accordance with section 4009(a) of Public Law 
114–322 and as recommended by the Secretary in a letter dated 
November 30, 2022, funding provided for such purpose in fiscal 
year 2022 shall be made available to the El Paso Water Utilities 
Public Service Board: Provided further, That in accordance with 
section 4009(c) of Public Law 114–322 and as recommended by 
the Secretary in a letter dated November 30, 2022, funding provided 
for such purpose in fiscal year 2022 shall be made available to 
the Eastern Municipal Water District. 
CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, habitat restora-
tion, improvement, and acquisition provisions of the Central Valley 
Project Improvement Act, such sums as may be collected in fiscal 
year 2023 in the Central Valley Project Restoration Fund pursuant 
to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102– 
575, to remain available until expended: Provided, That the Bureau 
of Reclamation is directed to assess and collect the full amount 
of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102–575: Provided further, That 
none of the funds made available under this heading may be used 
for the acquisition or leasing of water for in-stream purposes if 
the water is already committed to in-stream purposes by a court 
adopted decree or order. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFERS OF FUNDS) 
For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with 
plans to be approved by the Secretary of the Interior, $33,000,000, 
to remain available until expended, of which such amounts as 
may be necessary to carry out such activities may be transferred 
to appropriate accounts of other participating Federal agencies to 
carry out authorized purposes: Provided, That funds appropriated 
herein may be used for the Federal share of the costs of Calfed 
Program management: Provided further, That Calfed implementa-
tion shall be carried out in a balanced manner with clear perform-
ance measures demonstrating concurrent progress in achieving the 
goals and objectives of the Program. 
POLICY AND ADMINISTRATION 
For expenses necessary for policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, 
and offices in the six regions of the Bureau of Reclamation, to 
remain available until September 30, 2024, $65,079,000, to be 
derived from the Reclamation Fund and be nonreimbursable as 
provided in 43 U.S.C. 377: Provided, That no part of any other 
appropriation in this Act shall be available for activities or functions 
budgeted as policy and administration expenses.
H. R. 2617—172 
ADMINISTRATIVE PROVISION 
Appropriations for the Bureau of Reclamation shall be available 
for purchase and replacement of not to exceed 30 motor vehicles, 
which are for replacement only. 
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR 
SEC. 201. (a) None of the funds provided in title II of this 
Act for Water and Related Resources, or provided by previous 
or subsequent appropriations Acts to the agencies or entities funded 
in title II of this Act for Water and Related Resources that remain 
available for obligation or expenditure in fiscal year 2023, shall 
be available for obligation or expenditure through a reprogramming 
of funds that— 
(1) initiates or creates a new program, project, or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity 
for which funds have been denied or restricted by this Act, 
unless prior approval is received from the Committees on 
Appropriations of both Houses of Congress; 
(4) restarts or resumes any program, project or activity 
for which funds are not provided in this Act, unless prior 
approval is received from the Committees on Appropriations 
of both Houses of Congress; 
(5) transfers funds in excess of the following limits, unless 
prior approval is received from the Committees on Appropria-
tions of both Houses of Congress: 
(A) 15 percent for any program, project or activity 
for which $2,000,000 or more is available at the beginning 
of the fiscal year; or 
(B) $400,000 for any program, project or activity for 
which less than $2,000,000 is available at the beginning 
of the fiscal year; 
(6) transfers more than $500,000 from either the Facilities 
Operation, Maintenance, and Rehabilitation category or the 
Resources Management and Development category to any pro-
gram, project, or activity in the other category, unless prior 
approval is received from the Committees on Appropriations 
of both Houses of Congress; or 
(7) transfers, where necessary to discharge legal obligations 
of the Bureau of Reclamation, more than $5,000,000 to provide 
adequate funds for settled contractor claims, increased con-
tractor earnings due to accelerated rates of operations, and 
real estate deficiency judgments, unless prior approval is 
received from the Committees on Appropriations of both Houses 
of Congress. 
(b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category. 
(c) For purposes of this section, the term ‘‘transfer’’ means 
any movement of funds into or out of a program, project, or activity. 
(d) Except as provided in subsections (a) and (b), the amounts 
made available in this title under the heading ‘‘Bureau of Reclama-
tion—Water and Related Resources’’ shall be expended for the pro-
grams, projects, and activities specified in the ‘‘Final Bill’’ columns 
in the ‘‘Water and Related Resources’’ table included under the 
heading ‘‘Title II—Department of the Interior’’ in the explanatory
H. R. 2617—173 
statement described in section 4 (in the matter preceding division 
A of this consolidated Act). 
(e) The Bureau of Reclamation shall submit reports on a quar-
terly basis to the Committees on Appropriations of both Houses 
of Congress detailing all the funds reprogrammed between pro-
grams, projects, activities, or categories of funding. The first quar-
terly report shall be submitted not later than 60 days after the 
date of enactment of this Act. 
SEC. 202. (a) None of the funds appropriated or otherwise 
made available by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis Unit 
until development by the Secretary of the Interior and the State 
of California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any 
detrimental effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup Program 
and the costs of the San Joaquin Valley Drainage Program shall 
be classified by the Secretary of the Interior as reimbursable or 
nonreimbursable and collected until fully repaid pursuant to the 
‘‘Cleanup 
Program—Alternative 
Repayment 
Plan’’ 
and 
the 
‘‘SJVDP—Alternative Repayment Plan’’ described in the report enti-
tled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program 
and San Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Reclamation. 
Any future obligations of funds by the United States relating to, 
or providing for, drainage service or drainage studies for the San 
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries 
of such service or studies pursuant to Federal reclamation law. 
SEC. 203. Section 9504(e) of the Omnibus Public Land Manage-
ment Act of 2009 (42 U.S.C. 10364(e)) is amended by striking 
‘‘$750,000,000’’ and inserting ‘‘$820,000,000’’. 
SEC. 204. (a) Title I of Public Law 108–361 (the Calfed Bay- 
Delta Authorization Act) (118 Stat. 1681), as amended by section 
204 of division D of Public Law 117–103, shall be applied by 
substituting ‘‘2023’’ for ‘‘2022’’ each place it appears. 
(b) Section 103(f)(4)(A) of Public Law 108–361 (the Calfed Bay- 
Delta Authorization Act) is amended by striking ‘‘$25,000,000’’ and 
inserting ‘‘$30,000,000’’. 
SEC. 205. Section 9106(g)(2) of Public Law 111–11 (Omnibus 
Public Land Management Act of 2009) shall be applied by sub-
stituting ‘‘2023’’ for ‘‘2022’’. 
SEC. 206. (a) Section 104(c) of the Reclamation States Emer-
gency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be 
applied by substituting ‘‘2023’’ for ‘‘2022’’. 
(b) Section 301 of the Reclamation States Emergency Drought 
Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting 
‘‘2023’’ 
for 
‘‘2022’’ 
and 
by 
substituting 
‘‘$130,000,000’’ 
for 
‘‘$120,000,000’’. 
SEC. 207. Section 529(b)(3) of the Water Resources Development 
Act of 2000 (Public Law 106–541) as amended, is amended by 
striking ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’. 
SEC. 208. None of the funds made available by this Act may 
be used for pre-construction or construction activities for any project 
recommended after enactment of the Energy and Water Develop-
ment and Related Agencies Appropriations Act, 2020 and prior 
to enactment of this Act by the Secretary of the Interior and
H. R. 2617—174 
transmitted to the appropriate committees of Congress pursuant 
to section 4007 of the Water Infrastructure Improvements for the 
Nation Act (Public Law 114–322) if such project is not named 
in this Act, Public Law 116–260, or Public Law 117–43. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 
or condemnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, $3,460,000,000, 
to remain available until expended: Provided, That of such amount, 
$223,000,000 shall be available until September 30, 2024, for pro-
gram direction. 
CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY RESPONSE 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for energy sector cybersecurity, energy 
security, and emergency response activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition or condemnation of any 
real property or any facility or for plant or facility acquisition, 
construction, or expansion, $200,000,000, to remain available until 
expended: Provided, That of such amount, $25,143,000 shall be 
available until September 30, 2024, for program direction. 
ELECTRICITY 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for electricity activities in carrying out 
the purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $350,000,000, to remain available until 
expended: Provided, That of such amount, $23,000,000 shall be 
available until September 30, 2024, for program direction. 
NUCLEAR ENERGY 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for nuclear energy activities in carrying 
out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
H. R. 2617—175 
of any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $1,473,000,000, to remain available until 
expended, of which $20,000,000 shall be transferred to ‘‘Department 
of Energy—Energy Programs—Science’’, for hot cells operations and 
maintenance: Provided, That of such amount, $85,000,000 shall 
be available until September 30, 2024, for program direction: Pro-
vided further, That for the purpose of section 954(a)(6) of the Energy 
Policy Act of 2005, as amended, the only amount available shall 
be from the amount specified as including that purpose in the 
‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table included 
under the heading ‘‘Title III—Department of Energy’’ in the 
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act). 
FOSSIL ENERGY AND CARBON MANAGEMENT 
For Department of Energy expenses necessary in carrying out 
fossil energy and carbon management research and development 
activities, under the authority of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 
of interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investigations and 
research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environ-
mental costs (30 U.S.C. 3, 1602, and 1603), $890,000,000, to remain 
available 
until 
expended: 
Provided, 
That 
of 
such 
amount 
$70,000,000 shall be available until September 30, 2024, for pro-
gram direction. 
ENERGY PROJECTS 
For Department of Energy expenses necessary in carrying out 
community project funding activities, under the authority of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
$221,968,652, to remain available until expended, for projects speci-
fied in the table that appears under the heading ‘‘Community 
Project Funding and Congressionally Directed Spending of Energy 
Projects’’ in the explanatory statement described in section 4 (in 
the matter preceding division A of this consolidated Act). 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For Department of Energy expenses necessary to carry out 
naval petroleum and oil shale reserve activities, $13,004,000, to 
remain available until expended: Provided, That notwithstanding 
any other provision of law, unobligated funds remaining from prior 
years shall be available for all naval petroleum and oil shale reserve 
activities. 
STRATEGIC PETROLEUM RESERVE 
For Department of Energy expenses necessary for Strategic 
Petroleum Reserve facility development and operations and program 
management activities pursuant to the Energy Policy and Conserva-
tion Act (42 U.S.C. 6201 et seq.), $207,175,000, to remain available 
until expended.
H. R. 2617—176 
SPR PETROLEUM ACCOUNT 
For the acquisition, transportation, and injection of petroleum 
products, and for other necessary expenses pursuant to the Energy 
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 
et seq.), sections 403 and 404 of the Bipartisan Budget Act of 
2015 (42 U.S.C. 6241, 6239 note), section 32204 of the Fixing 
America’s Surface Transportation Act (42 U.S.C. 6241 note), and 
section 30204 of the Bipartisan Budget Act of 2018 (42 U.S.C. 
6241 note), $100,000, to remain available until expended: Provided, 
That of the unobligated balances from amounts deposited under 
this heading pursuant to section 167(b)(3) of the Energy Policy 
and Conservation Act (42 U.S.C. 6247(b)(3)), $2,052,000,000 is 
hereby permanently rescinded not later than September 30, 2023. 
NORTHEAST HOME HEATING OIL RESERVE 
For Department of Energy expenses necessary for Northeast 
Home Heating Oil Reserve storage, operation, and management 
activities pursuant to the Energy Policy and Conservation Act (42 
U.S.C. 6201 et seq.), $7,000,000, to remain available until expended. 
ENERGY INFORMATION ADMINISTRATION 
For Department of Energy expenses necessary in carrying out 
the 
activities 
of 
the 
Energy 
Information 
Administration, 
$135,000,000, to remain available until expended. 
NON-DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and 
other expenses necessary for non-defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 
or condemnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, and the purchase 
of one passenger motor vehicle, $358,583,000, to remain available 
until expended: Provided, That in addition, fees collected pursuant 
to subsection (b)(1) of section 6939f of title 42, United States Code, 
and deposited under this heading in fiscal year 2023 pursuant 
to section 309 of title III of division C of Public Law 116–94 
are appropriated, to remain available until expended, for mercury 
storage costs. 
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING 
FUND 
For Department of Energy expenses necessary in carrying out 
uranium enrichment facility decontamination and decommissioning, 
remedial actions, and other activities of title II of the Atomic Energy 
Act of 1954, and title X, subtitle A, of the Energy Policy Act 
of 1992, $879,052,000, to be derived from the Uranium Enrichment 
Decontamination and Decommissioning Fund, to remain available 
until expended, of which $14,800,000 shall be available in accord-
ance with title X, subtitle A, of the Energy Policy Act of 1992.
H. R. 2617—177 
SCIENCE 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for science activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition or condemnation of any 
real property or any facility or for plant or facility acquisition, 
construction, or expansion, and purchase of not more than 35 pas-
senger motor vehicles, including one ambulance, for replacement 
only, $8,100,000,000, to remain available until expended: Provided, 
That of such amount, $211,211,000 shall be available until Sep-
tember 30, 2024, for program direction. 
NUCLEAR WASTE DISPOSAL 
For Department of Energy expenses necessary for nuclear waste 
disposal activities to carry out the purposes of the Nuclear Waste 
Policy Act of 1982, Public Law 97–425, as amended, $10,205,000, 
to remain available until expended, which shall be derived from 
the Nuclear Waste Fund. 
TECHNOLOGY TRANSITIONS 
For Department of Energy expenses necessary for carrying 
out the activities of technology transitions, $22,098,000, to remain 
available until expended: Provided, That of such amount, 
$13,183,000 shall be available until September 30, 2024, for pro-
gram direction. 
CLEAN ENERGY DEMONSTRATIONS 
For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and 
other expenses necessary for clean energy demonstrations in car-
rying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemna-
tion of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $89,000,000, to remain 
available until expended: Provided, That of such amount, 
$25,000,000 shall be available until September 30, 2024, for pro-
gram direction. 
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY 
For Department of Energy expenses necessary in carrying out 
the activities authorized by section 5012 of the America COMPETES 
Act (Public Law 110–69), $470,000,000, to remain available until 
expended: Provided, That of such amount, $37,000,000 shall be 
available until September 30, 2024, for program direction. 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM 
(INCLUDING RESCISSION OF FUNDS) 
Such sums as are derived from amounts received from bor-
rowers pursuant to section 1702(b) of the Energy Policy Act of 
2005 under this heading in prior Acts, shall be collected in accord-
ance with section 502(7) of the Congressional Budget Act of 1974:
H. R. 2617—178 
Provided, That for necessary administrative expenses of the Title 
17 Innovative Technology Loan Guarantee Program, as authorized, 
$66,206,000 is appropriated, to remain available until September 
30, 2024: Provided further, That up to $66,206,000 of fees collected 
in fiscal year 2023 pursuant to section 1702(h) of the Energy Policy 
Act of 2005 shall be credited as offsetting collections under this 
heading and used for necessary administrative expenses in this 
appropriation and shall remain available until September 30, 2024: 
Provided further, That to the extent that fees collected in fiscal 
year 2023 exceed $66,206,000, those excess amounts shall be cred-
ited as offsetting collections under this heading and available in 
future fiscal years only to the extent provided in advance in appro-
priations Acts: Provided further, That the sum herein appropriated 
from the general fund shall be reduced (1) as such fees are received 
during fiscal year 2023 (estimated at $35,000,000) and (2) to the 
extent that any remaining general fund appropriations can be 
derived from fees collected in previous fiscal years that are not 
otherwise appropriated, so as to result in a final fiscal year 2023 
appropriation from the general fund estimated at $0: Provided 
further, That the Department of Energy shall not subordinate any 
loan obligation to other financing in violation of section 1702 of 
the Energy Policy Act of 2005 or subordinate any Guaranteed 
Obligation to any loan or other debt obligations in violation of 
section 609.10 of title 10, Code of Federal Regulations. 
Of the unobligated balances from amounts made available in 
the first proviso of section 1425 of the Department of Defense 
and Full-Year Continuing Appropriations Act, 2011 (Public Law 
112–10) for the cost of loan guarantees under section 1703 of 
the Energy Policy Act of 2005, $150,000,000 are hereby permanently 
rescinded: Provided, That, subject to section 502 of the Congres-
sional Budget Act of 1974, commitments to guarantee loans for 
eligible projects under title XVII of the Energy Policy Act of 2005, 
shall not exceed a total principal amount of $15,000,000,000, to 
remain available until committed: Provided further, That the 
amounts provided under this paragraph are in addition to those 
provided in any other Act: Provided further, That for amounts 
collected pursuant to section 1702(b)(2) of the Energy Policy Act 
of 2005, the source of such payment received from borrowers may 
not be a loan or other debt obligation that is guaranteed by the 
Federal Government: Provided further, That none of such loan 
guarantee authority made available under this paragraph shall 
be available for commitments to guarantee loans for any projects 
where funds, personnel, or property (tangible or intangible) of any 
Federal agency, instrumentality, personnel, or affiliated entity are 
expected be used (directly or indirectly) through acquisitions, con-
tracts, demonstrations, exchanges, grants, incentives, leases, 
procurements, sales, other transaction authority, or other arrange-
ments, to support the project or to obtain goods or services from 
the project: Provided further, That the preceding proviso shall not 
be interpreted as precluding the use of the loan guarantee authority 
provided under this paragraph for commitments to guarantee loans 
for: (1) projects as a result of such projects benefitting from other-
wise allowable Federal income tax benefits; (2) projects as a result 
of such projects benefitting from being located on Federal land 
pursuant to a lease or right-of-way agreement for which all consider-
ation for all uses is: (A) paid exclusively in cash; (B) deposited 
in the Treasury as offsetting receipts; and (C) equal to the fair
H. R. 2617—179 
market value as determined by the head of the relevant Federal 
agency; (3) projects as a result of such projects benefitting from 
Federal insurance programs, including under section 170 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known 
as the ‘‘Price-Anderson Act’’); or (4) electric generation projects 
using transmission facilities owned or operated by a Federal Power 
Marketing Administration or the Tennessee Valley Authority that 
have been authorized, approved, and financed independent of the 
project receiving the guarantee: Provided further, That none of 
the loan guarantee authority made available under this paragraph 
shall be available for any project unless the Director of the Office 
of Management and Budget has certified in advance in writing 
that the loan guarantee and the project comply with the provisions 
under this paragraph. 
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN 
PROGRAM 
For Department of Energy administrative expenses necessary 
in carrying out the Advanced Technology Vehicles Manufacturing 
Loan Program, $9,800,000, to remain available until September 
30, 2024. 
TRIBAL ENERGY LOAN GUARANTEE PROGRAM 
For Department of Energy administrative expenses necessary 
in carrying out the Tribal Energy Loan Guarantee Program, 
$2,000,000, to remain available until September 30, 2024: Provided, 
That in this fiscal year and subsequent fiscal years, under section 
2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the 
Secretary of Energy may also provide direct loans, as defined in 
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 
661a): Provided further, That such direct loans shall be made 
through the Federal Financing Bank, with the full faith and credit 
of the United States Government on the principal and interest: 
Provided further, That any funds previously appropriated for the 
cost of loan guarantees under section 2602(c) of the Energy Policy 
Act of 1992 (25 U.S.C. 3502(c)) may also be used, in this fiscal 
year and subsequent fiscal years, for the cost of direct loans provided 
under such section of such Act: Provided further, That for the 
cost of direct loans for the Tribal Energy Loan Guarantee Program 
as provided for in the preceding three provisos and for the cost 
of guaranteed loans for such program under section 2602(c) of 
the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $2,000,000, 
to remain available until expended: Provided further, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 
661a). 
INDIAN ENERGY POLICY AND PROGRAMS 
For necessary expenses for Indian Energy activities in carrying 
out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), $75,000,000, to remain available until 
expended: Provided, That of the amount appropriated under this 
heading, $14,000,000 shall be available until September 30, 2024, 
for program direction.
H. R. 2617—180 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy nec-
essary for departmental administration in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), $383,578,000, to remain available until September 30, 
2024, including the hire of passenger motor vehicles and official 
reception and representation expenses not to exceed $30,000, plus 
such additional amounts as necessary to cover increases in the 
estimated amount of cost of work for others notwithstanding the 
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Pro-
vided, That such increases in cost of work are offset by revenue 
increases of the same or greater amount: Provided further, That 
moneys received by the Department for miscellaneous revenues 
estimated to total $100,578,000 in fiscal year 2023 may be retained 
and used for operating expenses within this account, as authorized 
by section 201 of Public Law 95–238, notwithstanding the provisions 
of 31 U.S.C. 3302: Provided further, That the sum herein appro-
priated shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2023 appropriation 
from the general fund estimated at not more than $283,000,000. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, $86,000,000, to remain available until September 30, 2024. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY ADMINISTRATION 
WEAPONS ACTIVITIES 
For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and 
other incidental expenses necessary for atomic energy defense 
weapons activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expansion, 
$17,116,119,000, to remain available until expended: Provided, That 
of such amount, $130,070,000 shall be available until September 
30, 2024, for program direction. 
DEFENSE NUCLEAR NONPROLIFERATION 
For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and 
other incidental expenses necessary for defense nuclear non-
proliferation activities, in carrying out the purposes of the Depart-
ment of Energy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expansion, 
$2,490,000,000, to remain available until expended.
H. R. 2617—181 
NAVAL REACTORS 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses necessary for naval reac-
tors activities to carry out the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, 
and 
capital 
equipment, 
facilities, 
and 
facility 
expansion, 
$2,081,445,000, to remain available until expended, of which, 
$99,747,000 shall be transferred to ‘‘Department of Energy—Energy 
Programs—Nuclear Energy’’, for the Advanced Test Reactor: Pro-
vided, That of such amount, $58,525,000 shall be available until 
September 30, 2024, for program direction. 
FEDERAL SALARIES AND EXPENSES 
For expenses necessary for Federal Salaries and Expenses in 
the National Nuclear Security Administration, $475,000,000, to 
remain available until September 30, 2024, including official recep-
tion and representation expenses not to exceed $17,000. 
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and 
other expenses necessary for atomic energy defense environmental 
cleanup activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expansion, 
$7,025,000,000, to remain available until expended: Provided, That 
of such amount, $317,002,000 shall be available until September 
30, 2024, for program direction. 
DEFENSE URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for atomic energy defense environ-
mental cleanup activities for Department of Energy contributions 
for uranium enrichment decontamination and decommissioning 
activities, $586,035,000, to be deposited into the Defense Environ-
mental Cleanup account, which shall be transferred to the ‘‘Ura-
nium Enrichment Decontamination and Decommissioning Fund’’. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and 
other expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real
H. R. 2617—182 
property or any facility or for plant or facility acquisition, construc-
tion, or expansion, $1,035,000,000, to remain available until 
expended: Provided, That of such amount, $364,734,000 shall be 
available until September 30, 2024, for program direction. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93–454, are approved for the 
Colville Tribes Residents Fish Hatchery Expansion, Chief Joseph 
Hatchery Water Quality Project, and Umatilla Hatchery Facility 
Project and, in addition, for official reception and representation 
expenses in an amount not to exceed $5,000: Provided, That during 
fiscal year 2023, no new direct loan obligations may be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant 
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 
as applied to the southeastern power area, $8,173,000, including 
official reception and representation expenses in an amount not 
to exceed $1,500, to remain available until expended: Provided, 
That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood 
Control Act of 1944, up to $8,173,000 collected by the Southeastern 
Power Administration from the sale of power and related services 
shall be credited to this account as discretionary offsetting collec-
tions, to remain available until expended for the sole purpose of 
funding the annual expenses of the Southeastern Power Administra-
tion: Provided further, That the sum herein appropriated for annual 
expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2023 appropriation 
estimated at not more than $0: Provided further, That notwith-
standing 31 U.S.C. 3302, up to $78,696,000 collected by the South-
eastern Power Administration pursuant to the Flood Control Act 
of 1944 to recover purchase power and wheeling expenses shall 
be credited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase power 
and wheeling expenditures: Provided further, That for purposes 
of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses). 
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER 
ADMINISTRATION 
For expenses necessary for operation and maintenance of power 
transmission facilities and for marketing electric power and energy, 
for construction and acquisition of transmission lines, substations 
and appurtenant facilities, and for administrative expenses, 
including official reception and representation expenses in an 
amount not to exceed $1,500 in carrying out section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern 
Power Administration, $53,488,000, to remain available until
H. R. 2617—184 
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND 
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $6,330,000, 
to remain available until expended, and to be derived from the 
Falcon and Amistad Operating and Maintenance Fund of the 
Western Area Power Administration, as provided in section 2 of 
the Act of June 18, 1954 (68 Stat. 255): Provided, That notwith-
standing the provisions of that Act and of 31 U.S.C. 3302, up 
to $6,102,000 collected by the Western Area Power Administration 
from the sale of power and related services from the Falcon and 
Amistad Dams shall be credited to this account as discretionary 
offsetting collections, to remain available until expended for the 
sole purpose of funding the annual expenses of the hydroelectric 
facilities of these Dams and associated Western Area Power 
Administration activities: Provided further, That the sum herein 
appropriated for annual expenses shall be reduced as collections 
are received during the fiscal year so as to result in a final fiscal 
year 2023 appropriation estimated at not more than $228,000: 
Provided further, That for purposes of this appropriation, annual 
expenses means expenditures that are generally recovered in the 
same year that they are incurred: Provided further, That for fiscal 
year 2023, the Administrator of the Western Area Power Adminis-
tration may accept up to $1,598,000 in funds contributed by United 
States power customers of the Falcon and Amistad Dams for deposit 
into the Falcon and Amistad Operating and Maintenance Fund, 
and such funds shall be available for the purpose for which contrib-
uted in like manner as if said sums had been specifically appro-
priated for such purpose: Provided further, That any such funds 
shall be available without further appropriation and without fiscal 
year limitation for use by the Commissioner of the United States 
Section of the International Boundary and Water Commission for 
the sole purpose of operating, maintaining, repairing, rehabilitating, 
replacing, or upgrading the hydroelectric facilities at these Dams 
in accordance with agreements reached between the Administrator, 
Commissioner, and the power customers. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including services as 
authorized by 5 U.S.C. 3109, official reception and representation 
expenses not to exceed $3,000, and the hire of passenger motor 
vehicles, $508,400,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not to 
exceed $508,400,000 of revenues from fees and annual charges, 
and other services and collections in fiscal year 2023 shall be 
retained and used for expenses necessary in this account, and 
shall remain available until expended: Provided further, That the 
sum herein appropriated from the general fund shall be reduced 
as revenues are received during fiscal year 2023 so as to result 
in a final fiscal year 2023 appropriation from the general fund 
estimated at not more than $0.
H. R. 2617—185 
GENERAL PROVISIONS—DEPARTMENT OF ENERGY 
SEC. 301. (a) No appropriation, funds, or authority made avail-
able by this title for the Department of Energy shall be used 
to initiate or resume any program, project, or activity or to prepare 
or initiate Requests For Proposals or similar arrangements 
(including Requests for Quotations, Requests for Information, and 
Funding Opportunity Announcements) for a program, project, or 
activity if the program, project, or activity has not been funded 
by Congress. 
(b)(1) Unless the Secretary of Energy notifies the Committees 
on Appropriations of both Houses of Congress at least 3 full business 
days in advance, none of the funds made available in this title 
may be used to— 
(A) make a grant allocation or discretionary grant award 
totaling $1,000,000 or more; 
(B) make a discretionary contract award or Other Trans-
action Agreement totaling $1,000,000 or more, including a con-
tract covered by the Federal Acquisition Regulation; 
(C) issue a letter of intent to make an allocation, award, 
or Agreement in excess of the limits in subparagraph (A) or 
(B); or 
(D) announce publicly the intention to make an allocation, 
award, or Agreement in excess of the limits in subparagraph 
(A) or (B). 
(2) The Secretary of Energy shall submit to the Committees 
on Appropriations of both Houses of Congress within 15 days of 
the conclusion of each quarter a report detailing each grant alloca-
tion or discretionary grant award totaling less than $1,000,000 
provided during the previous quarter. 
(3) The notification required by paragraph (1) and the report 
required by paragraph (2) shall include the recipient of the award, 
the amount of the award, the fiscal year for which the funds 
for the award were appropriated, the account and program, project, 
or activity from which the funds are being drawn, the title of 
the award, and a brief description of the activity for which the 
award is made. 
(c) The Department of Energy may not, with respect to any 
program, project, or activity that uses budget authority made avail-
able in this title under the heading ‘‘Department of Energy—Energy 
Programs’’, enter into a multiyear contract, award a multiyear 
grant, or enter into a multiyear cooperative agreement unless— 
(1) the contract, grant, or cooperative agreement is funded 
for the full period of performance as anticipated at the time 
of award; or 
(2) the contract, grant, or cooperative agreement includes 
a clause conditioning the Federal Government’s obligation on 
the availability of future year budget authority and the Sec-
retary notifies the Committees on Appropriations of both 
Houses of Congress at least 3 days in advance. 
(d) Except as provided in subsections (e), (f), and (g), the 
amounts made available by this title shall be expended as author-
ized by law for the programs, projects, and activities specified 
in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table 
included under the heading ‘‘Title III—Department of Energy’’ in 
the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).