Title: Department of Defense Appropriations Act, 2023
Policy area: Armed Forces and National Security

Summary:
Department of Defense Appropriations Act, 2023
This bill provides FY2023 appropriations to the Department of Defense (DOD) for military activities.
(The bill excludes military construction, military family housing, civil works projects of the Army Corps of Engineers, and nuclear warheads, which are all considered in other appropriations bills.)
Within the DOD budget, the bill provides appropriations for
The bill provides appropriations for other DOD programs and activities, including
In addition, the bill provides appropriations for related agencies, including (1) the Central Intelligence Agency Retirement and Disability System Fund, and (2) the Intelligence Community Management Account.
The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4663 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4663

Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2023, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2022

  Mr. Tester introduced the following bill; which was read twice and 
              referred to the Committee on Appropriations

_______________________________________________________________________

                                 A BILL


 
Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2023, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Defense for the fiscal year ending 
September 30, 2023, and for other purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $50,090,995,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $36,484,883,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $15,226,541,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officers' Training Corps; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, $34,740,869,000.

                    Military Personnel, Space Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Space Force on active duty, cadets; for members of the Reserve 
Officers Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $1,119,926,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 7038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $5,221,698,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $2,382,618,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$860,240,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $2,506,922,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under sections 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$9,375,029,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$5,020,248,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law, 
$58,928,528,000:  Provided, That not to exceed $12,478,000 may be used 
for emergencies and extraordinary expenses, to be expended upon the 
approval or authority of the Secretary of the Army, and payments may be 
made upon the Secretary's certificate of necessity for confidential 
military purposes.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law, $67,380,932,000:  Provided, That not to exceed 
$15,055,000 may be used for emergencies and extraordinary expenses, to 
be expended upon the approval or authority of the Secretary of the 
Navy, and payments may be made upon the Secretary's certificate of 
necessity for confidential military purposes.

                Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$10,057,284,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law, 
$59,766,942,000:  Provided, That not to exceed $7,699,000 may be used 
for emergencies and extraordinary expenses, to be expended upon the 
approval or authority of the Secretary of the Air Force, and payments 
may be made upon the Secretary's certificate of necessity for 
confidential military purposes.

                 Operation and Maintenance, Space Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Space Force, as authorized by law, 
$4,090,783,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$48,989,470,000:  Provided, That not more than $2,981,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code:  Provided further, That not to 
exceed $36,000,000 may be used for emergencies and extraordinary 
expenses, to be expended upon the approval or authority of the 
Secretary of Defense, and payments may be made upon the Secretary's 
certificate of necessity for confidential military purposes:  Provided 
further, That of the funds provided under this heading, not less than 
$50,000,000 shall be made available for the Procurement Technical 
Assistance Cooperative Agreement Program, of which not less than 
$4,500,000 shall be available for centers defined in 10 U.S.C. 
2411(1)(D):  Provided further, That none of the funds appropriated or 
otherwise made available by this Act may be used to plan or implement 
the consolidation of a budget or appropriations liaison office of the 
Office of the Secretary of Defense, the office of the Secretary of a 
military department, or the service headquarters of one of the Armed 
Forces into a legislative affairs or legislative liaison office:  
Provided further, That $49,071,000 to remain available until expended, 
is available only for expenses relating to certain classified 
activities, and may be transferred as necessary by the Secretary of 
Defense to operation and maintenance appropriations or research, 
development, test and evaluation appropriations, to be merged with and 
to be available for the same time period as the appropriations to which 
transferred:  Provided further, That any ceiling on the investment item 
unit cost of items that may be purchased with operation and maintenance 
funds shall not apply to the funds described in the preceding proviso:  
Provided further, That of the funds provided under this heading, 
$2,389,669,000, of which $1,511,920,000, to remain available until 
September 30, 2024, shall be available to provide support and 
assistance to foreign security forces or other groups or individuals to 
conduct, support or facilitate counterterrorism, crisis response, or 
other Department of Defense security cooperation programs:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this 
Act.

                   Counter-ISIS Train and Equip Fund

    For the ``Counter-Islamic State of Iraq and Syria Train and Equip 
Fund'', $487,513,000, to remain available until September 30, 2024:  
Provided, That such funds shall be available to the Secretary of 
Defense in coordination with the Secretary of State, to provide 
assistance, including training; equipment; logistics support, supplies, 
and services; stipends; infrastructure repair and renovation; 
construction for facility fortification and humane treatment; and 
sustainment, to foreign security forces, irregular forces, groups, or 
individuals participating, or preparing to participate in activities to 
counter the Islamic State of Iraq and Syria, and their affiliated or 
associated groups:  Provided further, That amounts made available under 
this heading shall be available to provide assistance only for 
activities in a country designated by the Secretary of Defense, in 
coordination with the Secretary of State, as having a security mission 
to counter the Islamic State of Iraq and Syria, and following written 
notification to the congressional defense committees of such 
designation:  Provided further, That the Secretary of Defense shall 
ensure that prior to providing assistance to elements of any forces or 
individuals, such elements or individuals are appropriately vetted, 
including at a minimum, assessing such elements for associations with 
terrorist groups or groups associated with the Government of Iran; and 
receiving commitments from such elements to promote respect for human 
rights and the rule of law:  Provided further, That the Secretary of 
Defense shall, not fewer than 15 days prior to obligating from this 
appropriation account, notify the congressional defense committees in 
writing of the details of any such obligation:  Provided further, That 
the Secretary of Defense may accept and retain contributions, including 
assistance in-kind, from foreign governments, including the Government 
of Iraq and other entities, to carry out assistance authorized under 
this heading:  Provided further, That contributions of funds for the 
purposes provided herein from any foreign government or other entity 
may be credited to this Fund, to remain available until expended, and 
used for such purposes:  Provided further, That the Secretary of 
Defense shall prioritize such contributions when providing any 
assistance for construction for facility fortification:  Provided 
further, That the Secretary of Defense may waive a provision of law 
relating to the acquisition of items and support services or sections 
40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if 
the Secretary determines that such provision of law would prohibit, 
restrict, delay or otherwise limit the provision of such assistance and 
a notice of and justification for such waiver is submitted to the 
congressional defense committees, the Committees on Appropriations and 
Foreign Relations of the Senate and the Committees on Appropriations 
and Foreign Affairs of the House of Representatives:  Provided further, 
That the United States may accept equipment procured using funds 
provided under this heading, or under the heading, ``Iraq Train and 
Equip Fund'' in prior Acts, that was transferred to security forces, 
irregular forces, or groups participating, or preparing to participate 
in activities to counter the Islamic State of Iraq and Syria and 
returned by such forces or groups to the United States, and such 
equipment may be treated as stocks of the Department of Defense upon 
written notification to the congressional defense committees:  Provided 
further, That equipment procured using funds provided under this 
heading, or under the heading, ``Iraq Train and Equip Fund'' in prior 
Acts, and not yet transferred to security forces, irregular forces, or 
groups participating, or preparing to participate in activities to 
counter the Islamic State of Iraq and Syria may be treated as stocks of 
the Department of Defense when determined by the Secretary to no longer 
be required for transfer to such forces or groups and 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 of funds provided 
under this heading, including, but not limited to, the number of 
individuals trained, the nature and scope of support and sustainment 
provided to each group or individual, the area of operations for each 
group, and the contributions of other countries, groups, or 
individuals.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,258,504,000.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,233,300,000.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $309,633,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,569,044,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $8,337,287,000.

             Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department 
of Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $7,278,779,000.

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $16,003,000, of which not to exceed 
$10,000 may be used for official representation purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $238,244,000, to remain available 
until transferred:  Provided, That the Secretary of the Army shall, 
upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris of the Department of the Army, or for 
similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Army, to be merged with and to be available for the same 
purposes and for the same time period as the appropriations 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 back 
to this appropriation:  Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority provided elsewhere in this Act.

                    Environmental Restoration, Navy

                     (including transfer of funds)

    For the Department of the Navy, $374,348,000, to remain available 
until transferred:  Provided, That the Secretary of the Navy shall, 
upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris of the Department of the Navy, or for 
similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Navy, to be merged with and to be available for the same 
purposes and for the same time period as the appropriations 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 back 
to this appropriation:  Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

    For the Department of the Air Force, $466,474,000, to remain 
available until transferred:  Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations 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 back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

    For the Department of Defense, $8,924,000, to remain available 
until transferred:  Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations 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 back to this 
appropriation:  Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

    For the Department of the Army, $297,262,000, to remain available 
until transferred:  Provided, That the Secretary of the Army shall, 
upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris at sites formerly used by the Department of 
Defense, transfer the funds made available by this appropriation to 
other appropriations made available to the Department of the Army, to 
be merged with and to be available for the same purposes and for the 
same time period as the appropriations 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 back to this 
appropriation:  Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of 
title 10, United States Code), $112,800,000, to remain available until 
September 30, 2024.

                  Cooperative Threat Reduction Account

    For assistance, including assistance provided by contract or by 
grants, under programs and activities of the Department of Defense 
Cooperative Threat Reduction Program authorized under the Department of 
Defense Cooperative Threat Reduction Act, $341,598,000, to remain 
available until September 30, 2025.

    Department of Defense Acquisition Workforce Development Account

    For the Department of Defense Acquisition Workforce Development 
Account, $126,791,000:  Provided, That no other amounts may be 
otherwise credited or transferred to the Account, or deposited into the 
Account, in fiscal year 2023 pursuant to section 1705(d) of title 10, 
United States Code.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $3,403,946,000, to remain available for obligation until 
September 30, 2025.

                       Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $3,853,303,000, to remain available for obligation until 
September 30, 2025.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$4,790,018,000, to remain available for obligation until September 30, 
2025.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $2,732,300,000, to remain available for 
obligation until September 30, 2025.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$7,936,312,000, to remain available for obligation until September 30, 
2025.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $18,059,443,000, to remain available for obligation 
until September 30, 2025.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $4,850,198,000, to remain available 
for obligation until September 30, 2025.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $1,119,954,000, to remain available for 
obligation until September 30, 2025.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long lead time components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
            Columbia Class Submarine, $3,079,223,000;
            Columbia Class Submarine (AP), $2,778,553,000;
            Carrier Replacement Program (CVN-80), $1,465,880,000;
            Carrier Replacement Program (CVN-81), $1,052,024,000;
            Virginia Class Submarine, $4,534,184,000;
            Virginia Class Submarine (AP), $2,025,651,000;
            CVN Refueling Overhauls (AP), $612,081,000;
            DDG-1000 Program, $72,976,000;
            DDG-51 Destroyer, $6,946,537,000;
            DDG-51 Destroyer (AP), $695,652,000;
            FFG-Frigate, $1,135,224,000;
            LPD Flight II, $1,673,000,000;
            LPD Flight II (AP), $250,000,000;
            LHA Replacement, $1,374,470,000;
            Expeditionary Fast Transport, $645,000,000;
            TAO Fleet Oiler, $782,588,000;
            Towing, Salvage, and Rescue Ship, $95,915,000;
            Ship to Shore Connector, $454,533,000;
            Service Craft, $21,056,000;
            Auxiliary Personnel Lighter, $63,218,000;
            LCAC SLEP, $36,301,000;
            Auxiliary Vessels, $133,000,000;
            For outfitting, post delivery, conversions, and first 
        destination transportation, $673,484,000; and
            Completion of Prior Year Shipbuilding Programs, 
        $1,328,146,000.
In all: $31,928,696,000, to remain available for obligation until 
September 30, 2027:  Provided, That additional obligations may be 
incurred after September 30, 2027, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction:  Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel:  Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards:  Provided further, That funds 
appropriated or otherwise made available by this Act for Columbia Class 
Submarine (AP) may be available for the purposes authorized by 
subsections (f), (g), (h) or (i) of section 2218a of title 10, United 
States Code, only in accordance with the provisions of the applicable 
subsection.

                        Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway, $11,851,783,000, to 
remain available for obligation until September 30, 2025:  Provided, 
That such funds are also available for the maintenance, repair, and 
modernization of ships under a pilot program established for such 
purposes.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title, $3,713,286,000, to remain available for obligation 
until September 30, 2025.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned 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; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $20,704,120,000, to remain available for 
obligation until September 30, 2025.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
rockets, and related equipment, including spare parts and accessories 
therefor; ground handling equipment, and training devices; expansion of 
public and private plants, Government-owned 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; and other expenses necessary for the foregoing purposes 
including rents and transportation of things, $3,207,815,000, to remain 
available for obligation until September 30, 2025.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $870,822,000, to remain available for 
obligation until September 30, 2025.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; lease of passenger motor vehicles; and 
expansion of public and private plants, Government-owned 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, $26,063,918,000, to remain 
available for obligation until September 30, 2025.

                        Procurement, Space Force

    For construction, procurement, and modification of spacecraft, 
rockets, and related equipment, including spare parts and accessories 
therefor; ground handling equipment, and training devices; expansion of 
public and private plants, Government-owned 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; and other expenses necessary for the foregoing purposes 
including rents and transportation of things, $4,050,914,000, to remain 
available for obligation until September 30, 2025.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of passenger motor vehicles for replacement only; 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, $5,740,190,000, to remain available for obligation until 
September 30, 2025.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
4518, 4531, 4532, and 4533), $359,906,000, to remain available until 
expended, 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, $1,500,000,000, 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, 
$15,496,166,000, 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, 
$24,445,418,000, 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, 
rehabilitation, lease, and operation of facilities and equipment, 
$43,717,011,000, 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, 
$16,528,488,000, 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, $33,836,217,000, 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 
Evaluation, in the direction and supervision of operational test and 
evaluation, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith, $602,194,000, to remain available for obligation 
until September 30, 2024.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,445,095,000.

                                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, 
$37,617,924,000; of which $35,046,200,000 shall be for operation and 
maintenance, of which not to exceed one percent shall remain available 
for obligation until September 30, 2024, and of which up to 
$18,455,209,000 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 $2,001,650,000, to remain available for obligation until 
September 30, 2024, shall be for research, development, test and 
evaluation:  Provided, That of the funds provided under this heading 
for research, development, test and evaluation, not less than 
$954,500,000 shall be made available to the United States Army Medical 
Research and Development Command to carry out the congressionally 
directed medical research programs.

           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 available until September 30, 2024, to assist 
State and local governments; 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 Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components 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, $977,408,000, of which $621,154,000 
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 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.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $499,359,000, of which $495,971,000 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 Management 
Account, $581,210,000.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes not authorized by 
the Congress.
    Sec. 8002.  During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, 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 subdivision 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 unforeseen military 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 the Secretary 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 
reprogramming is 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:  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.
    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 ``Committee Recommended 
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 
of this Act shall apply when transfers of the amounts described in 
subsection (a) occur between appropriation accounts, subject to the 
limitation in subsection (c):  Provided further, That the transfer 
amount limitation provided in section 8005 of this Act shall not apply 
to transfers of amounts described in subsection (a) if such transfers 
are necessary for the proper execution of such funds.
    (c) During the current fiscal year, amounts specified in the 
referenced tables described in subsection (a) may not be transferred 
pursuant to section 8005 of this Act other than for proper execution of 
such amounts, as provided in subsection (b).
    Sec. 8007. (a) Not later than 60 days after 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 
        appropriate, 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 transfers 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 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:  Provided, 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:  
Provided 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 
        procurement 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.
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 appropriated 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 section 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 authorized by Public Law 99-239:  Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical 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 
personnel 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 reductions 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 military 
(civilian) technicians.
    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 necessary or 
routine refurbishments, upgrades, or maintenance activities, 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-Protege Program may be transferred 
to any other appropriation contained in this Act solely for the purpose 
of implementing a Mentor-Protege Program developmental 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 produced 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 supplies 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 acquisition must be made in order to acquire capability for national 
security 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 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 ammunition 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 Secretary 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.  Of the funds made available in this Act, up to 
$17,500,000 may be available 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 subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier as 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, shall be considered a 
contractor for the purposes 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 acquisition 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, 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 $12,000,000 may 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 damage, 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 competitive 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 
        Procurement, 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 (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership 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 
$2,601,510,000 may be funded for defense FFRDCs:  Provided, That within 
such funds, no more than $482,989,836 shall be available for the 
defense studies and analysis FFRDCs:  Provided further, That this 
subsection shall not apply to staff years funded in the National 
Intelligence 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 
$192,150,000:  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 Appropriations 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 Committee 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 Appropriations 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 of components 
and other Defense-related articles, through competition 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 2410f of title 10, United States Code, whether 
the person should be debarred from contracting 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 Congress 
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 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 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 paragraph (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 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:  Provided, 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 Appropriations 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 purposes:  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 Secretary 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 2531 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
            (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 2533a(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 necessary 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 humanitarian 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, notwithstanding 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 investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable 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 documentation 
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 budgeted 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 
appropriated for the Reserve for Contingencies, which shall remain 
available 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 development acquisition, 
for agent operations, and for covert action programs 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 construction, improvement, or alteration of 
facilities, including leased facilities, to be used primarily by 
personnel of the intelligence community, shall remain available until 
September 30, 2025.

                     (including transfer of funds)

    Sec. 8044.  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 the operation and maintenance 
accounts and research, development, test and evaluation accounts of the 
Army, Navy, Marine Corps, Air Force, and Space Force for purposes of 
improving tactical artificial intelligence at the Combatant Commands:  
Provided, That none of the funds provided under this section may be 
obligated or expended until 90 days after the Secretary of Defense 
provides to the congressional 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. 8045.  In addition to amounts made available elsewhere in this 
Act, $100,000,000 is hereby appropriated to the Department of Defense 
and made available for transfer to the operation and maintenance, 
procurement, and research, development, test and evaluation accounts of 
the Army, Navy, Marine Corps, Air Force, and Space Force for purposes 
of enhancing Department of Defense access to commercially innovative 
technologies:  Provided, That none of the funds provided under this 
section may be obligated or expended until 90 days after the Under 
Secretary of Defense (Research and Engineering), in coordination with 
the Under Secretary of Defense (Comptroller), the Assistant Secretary 
of the Army (Acquisition, Logistics and Technology), the Assistant 
Secretary of the Navy (Research, Defense and Acquisition), the 
Assistant Secretary of the Air Force (Acquisition, Technology and 
Logistics), and the Assistant Secretary of the Air Force (Space 
Acquisition and Integration) provides to the congressional 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.
    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 
        personnel-related costs for performance of that activity or 
        function 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 insurance 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 contribute 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 administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any 
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 activities.

                             (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, Air Force'', 2021/2023, 
        $213,716,000;
            ``Operation and Maintenance, Defense-Wide'', 2022/2023, 
        $65,000,000;
            ``Aircraft Procurement, Navy'', 2022/2024, $4,358,000;
            ``Shipbuilding and Conversion, Navy: CVN Refueling 
        Overhauls (AP)'', 2022/2026, $191,000,000;
            ``Shipbuilding and Conversion, Navy: Service Craft'', 2022/
        2026, $6,092,000;
            ``Aircraft Procurement, Air Force'', 2022/2024, 
        $205,805,000;
            ``Procurement, Space Force'', 2022/2024, $7,000,000; and
            ``Research, Development, Test and Evaluation, Space 
        Force'', 2022/2023, $139,400,000.
    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 reductions 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.  In this fiscal year and each fiscal year thereafter, 
funds appropriated 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 appropriations law.
    Sec. 8052.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $24,000,000 is hereby 
appropriated 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.
    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 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 balance, 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 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account:
  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 2017 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 
determines, 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.
    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 requirements:  
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 appropriated 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 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 defense innovation acceleration prototyping 
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 
congressional 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 to the 
satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization 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 his 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 his 
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, notwithstanding 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 determines 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 processes. Such 
study shall include a comprehensive counterintelligence 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 Secretary 
of Defense shall--
            (1) provide the proposed alternatives to all affected 
        agencies;
            (2) receive certification from all affected agencies 
        attesting that the proposed alternatives will help achieve 
        auditability, improve fiscal reporting, and will not adversely 
        affect counterintelligence; and
            (3) not later than 30 days after receiving all necessary 
        certifications under paragraph (2), present the proposed 
        alternatives and certifications to the congressional defense 
        and intelligence committees.

                     (including transfer of funds)

    Sec. 8068.  In addition to amounts made available elsewhere in this 
Act, $500,000,000 is hereby appropriated to the Department of Defense 
and made available for transfer to operation and maintenance 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 congressional 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).
    Sec. 8071.  None of the funds available to the Department of 
Defense may be obligated to modify command and control relationships to 
give Fleet Forces Command operational and administrative 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 Appropriations 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 806(c)(4) of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note), or a 
successor provision, after the date of the enactment 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, Development, 
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; $167,000,000 shall 
be for the Short Range Ballistic Missile Defense (SRBMD) program, 
including cruise missile defense research and development under the 
SRBMD program, of which $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'', $1,328,146,000 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;
            (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, 
        $11,250,000;
            (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, 
        $6,750,000;
            (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, 
        $4,500,000;
            (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 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) 
during fiscal year 2023 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2023.
    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 
immediately in the interest of national security and only after written 
prior notification to the congressional defense committees.
    Sec. 8077.  The budget of the President for fiscal year 2024 
submitted to the Congress pursuant to section 1105 of title 31, United 
States Code, shall include budget justification for costs of United 
States Armed Forces' participation in contingency operations for the 
Military Personnel accounts, the Operation and Maintenance accounts, 
the Procurement accounts, and the Research, Development, Test and 
Evaluation accounts:  Provided, That the justification shall include a 
description of the funding requested for each contingency operation, 
for each military service, to include all Active and Reserve 
components, and for each appropriations account:  Provided further, 
That the justification shall include estimated costs for each element 
of expense or object class, a reconciliation of increases and decreases 
for each contingency operation, and programmatic data including, but 
not limited to, troop strength for each Active and Reserve component, 
and estimates of the major weapons systems deployed in support of each 
contingency:  Provided further, That the justification shall be 
included within the baseline OP-5 and OP-32 budget exhibits (as defined 
in the Department of Defense Financial Management Regulation) for all 
contingency operations for the budget year and the two preceding fiscal 
years.
    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.

                     (including transfer of funds)

    Sec. 8079.  In addition to amounts appropriated in title II or 
otherwise made available elsewhere in this Act, $3,000,000,000 is 
hereby appropriated to the Department of Defense and made available for 
transfer to the operation and maintenance accounts of the Army, Navy, 
Marine Corps, Air Force, and Space Force (including National Guard and 
Reserve) for purposes of improving military readiness:  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. 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 Reconnaissance 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 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 enactment 
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 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 
        appropriate, 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 intelligence 
committees that such reprogramming or transfer is necessary as an 
emergency requirement.
    Sec. 8086.  Any transfer of amounts appropriated to the Department 
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 
        requirements.
    (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 accompanying 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 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 contract 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 
        imprisonment, 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, 
        intentional 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 independent 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 subcontract 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 determination under this subsection not less than 15 
business days 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 designated as a combined Federal medical facility 
as described by section 706 of Public Law 110-417:  Provided further, 
That additional funds may be transferred from funds appropriated for 
operation and maintenance for the Defense Health Program to the Joint 
Department of Defense-Department of Veterans Affairs Medical 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 intelligence 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 
``Shipbuilding and Conversion, Navy'', $133,000,000, to remain 
available for obligation until September 30, 2027, may be used for the 
purchase 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 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 provided 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 ``Operation 
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, activities, and expenses related 
to the National Defense Reserve Fleet.
    Sec. 8099.  None of the funds made available in this Act may be 
obligated for activities authorized under section 1208 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 112-81; 125 Stat. 1621) to initiate support for, or expand support 
to, foreign forces, irregular forces, groups, or individuals unless the 
congressional defense committees are notified in accordance with the 
direction contained in the classified annex accompanying this Act, not 
less than 15 days before initiating such support:  Provided, That none 
of the funds made available in this Act may be used under section 1208 
for any activity that is not in support of an ongoing military 
operation being conducted by United States Special Operations Forces to 
combat terrorism:  Provided further, That the Secretary of Defense may 
waive the prohibitions in this section if the Secretary determines that 
such waiver is required by extraordinary circumstances and, by not 
later than 72 hours after making such waiver, notifies the 
congressional defense committees of such waiver.
    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); shipboard 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 components are 
manufactured in the United States: Air circuit breakers; gyrocompasses; 
electronic navigation chart systems; steering controls; 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 requirements 
development, performance specification development, concept design and 
development, ship configuration development, systems engineering, naval 
architecture, marine engineering, operations research analysis, 
industry studies, preliminary design, development 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 Surveillance Ship may be used to award a new 
contract for such activities unless these contracts include 
specifications that all auxiliary equipment, 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 
        established 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 purchase 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 
necessary 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 appropriate 
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.
    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 collecting 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 tables of ``Committee 
Recommended Adjustments'' in the explanatory statement regarding this 
Act, may be used for expenses for the agile research, development, test 
and evaluation, procurement, production, modification, and operation 
and maintenance, only for the following Software and Digital Technology 
Pilot programs--
            (1) Defensive CYBER--Software Prototype Development (PE 
        0608041A);
            (2) Risk Management Information (PE 0608013N);
            (3) Maritime Tactical Command Control (PE 0608231N);
            (4) Space Command & Control--Software Pilot Program (PE 
        1208248SF);
            (5) National Background Investigation Services (PE 
        0608197V);
            (6) Global Command and Control System-Joint (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.  Supervision and administration costs and costs for 
design during construction associated with a construction project 
funded with appropriations available for operation and maintenance, or 
the ``Counter-ISIS Train and Equip Fund'' provided in this Act and 
executed in direct support of military and stability operations to 
counter the Islamic State of Iraq and Syria, may be obligated at the 
time a construction contract is awarded:  Provided, That, for the 
purpose of this section, supervision and administration costs and costs 
for design during construction include all in-house Government costs.
    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 
        Restructuring 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 Hurricanes 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 Security Assistance 
Initiative:  Provided, That such funds shall be available to the 
Secretary of Defense, with the concurrence of the Secretary 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 Secretary of Defense shall, not less than 15 
days prior to obligating funds made available in this section (or if 
the Secretary of Defense determines, on a case-by-case basis, that 
extraordinary circumstances exist that impact the national security of 
the United States, as far in advance as is practicable) 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 
committees 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 available in 
this section in this or prior Acts, and not yet transferred 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 upon 
receipt, such contributions from the Government of Kuwait shall 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, $1,511,920,000, to remain available until 
September 30, 2024, shall be available for International 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 counterterrorism, crisis response, or 
building partner capacity programs:  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 obligation:  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. 8113.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'', for the Defense 
Security Cooperation Agency, $370,000,000, 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:  Provided, That the Secretary of Defense 
shall, not less than 15 days prior to obligating funds provided under 
this section, notify the congressional defense committees in writing of 
the details of any planned obligation 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 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 Department of Defense, 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, or make a grant to, or provide a loan or loan guarantee 
to Rosoboronexport or any subsidiary of Rosoboronexport.
    (b) The Secretary of Defense may waive the limitation in subsection 
(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, to 
the best of the Secretary's knowledge:
            (1) Rosoboronexport has ceased the transfer of lethal 
        military equipment to, and the maintenance of existing lethal 
        military equipment for, the Government of the Syrian Arab 
        Republic;
            (2) the armed forces of the Russian Federation have 
        withdrawn from Crimea, other than armed forces present on 
        military bases subject to agreements in force between the 
        Government of the Russian Federation and the Government of 
        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 committees 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:  Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided in this 
section, such amounts may be transferred 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 congressional defense committees of the details of any such 
transfer:  Provided 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 expenditures made 
under the authority provided in this section.
    Sec. 8120.  Notwithstanding any other provision of this Act, to 
reflect higher than anticipated fuel costs, the total amount 
appropriated in title II of this Act is hereby increased by 
$5,000,000,000.

                     (including transfer of funds)

    Sec. 8121.  In addition to amounts appropriated in title III, title 
IV, or otherwise made available elsewhere in this Act, $1,500,000,000 
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 $375,000,000.
    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 be transferred 15 days following written notification to 
the congressional defense committees.
    Sec. 8124.  Of the amounts appropriated under the heading 
``Operation and Maintenance, Defense-Wide'', for the Defense Security 
Cooperation Agency, $5,000,000, to remain available 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 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.
    This Act may be cited as the ``Department of Defense Appropriations 
Act, 2023''.
                                 <all>