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H.R. 4365 — what changed

Department of Defense Appropriations Act, 2024

From Reported in House to Engrossed in House. 51 sections amended and 16 added between Reported in House and Engrossed in House.

Sec. 8104

changed 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, 2025, 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, 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 None 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, Act may be treated as stocks of the Department of Defense upon written notification used to the congressional defense committees: Provided further, That any notification of funds made available in this section in this or prior Acts shall specify whether such funds support ongoing or new programs, the duration and expected cost over the life of each program, a timeline for the delivery of defense articles and defense services, and any equipment that requires enhanced end-use monitoring: Provided further, That the Secretary of Defense shall provide quarterly reports arms, training, or other assistance to the congressional defense committees on the use and status of funds made available in this section.Azov Battalion.

Sec. 8105

changed None 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 funds made available by this Act may Government of Kuwait, under that section: Provided, That, such contributions shall, upon receipt, be used to provide arms, training, or other assistance credited to the Azov Battalion.appropriations or fund which incurred such obligations.

Sec. 8106

changed During Of the current fiscal year, amounts appropriated in this Act under the Department of heading “Operation and Maintenance, Defense-Wide”, for the Defense is authorized Security Cooperation Agency, $1,343,580,000, to incur obligations remain available until September 30, 2025, 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 exceed $350,000,000 for purposes specified obligating funds made available in section 2350j(c) of title 10, United States Code, this section, notify the congressional defense committees in anticipation writing of receipt the details of contributions, only from any planned obligation: Provided further, That the Government Secretary of Kuwait, under that section: Provided, That, such contributions shall, upon receipt, be credited Defense shall provide quarterly reports to the appropriations or fund which incurred such obligations.Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this section.

Sec. 8107

changed Of the amounts appropriated in this Act under the heading “Operation and Maintenance, Defense-Wide”, for the Defense Security Cooperation Agency, $1,343,580,000, $410,000,000, to remain available until September 30, 2025, shall be available for International Security Cooperation Programs and other programs to provide support reimburse Jordan, Lebanon, Egypt, Tunisia, and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or building partner capacity programs: Oman under section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), for enhanced border security, of which not less than $150,000,000 shall be for Jordan: Provided, That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any planned obligation: 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. 8108

changed Of the amounts appropriated in this Act under the heading “Operation and Maintenance, Defense-Wide”, for the Defense Security Cooperation Agency, $410,000,000, to remain available until September 30, 2025, 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, None of which not less than $150,000,000 shall be for Jordan: Provided, That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in by this section, notify the congressional defense committees Act may be used 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 contravention of Representatives and the Senate on the use and status of funds made available in this section.War Powers Resolution (50 U.S.C. 1541 et seq.).

Sec. 8109

changed None of the funds made available by this Act may for excess defense articles, assistance under section 333 of title 10, United States Code, or peacekeeping operations for the countries designated annually to be used in contravention violation of the War Powers Resolution (50 standards of the Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22 U.S.C. 1541 et seq.).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. 8110

changed 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 made available for 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 member of the Child Soldiers Prevention Act of 2008.Taliban.

Sec. 8111

changed None Notwithstanding any other provision of the funds law, any transfer of funds, appropriated or otherwise made available by this Act may be made available Act, for any member support to friendly foreign countries in connection with the conduct of operations in which the Taliban.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. 8112

(a)
added 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)
added 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—
(1)
added 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)
added the armed forces of the Russian Federation have withdrawn from Ukraine; and
(3)
added agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine.
(c)
added 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.

removed 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. 8113

added Of the amounts appropriated in this Act under the heading “Operation and Maintenance, Defense-Wide”, for the Defense Security Cooperation Agency, $15,000,000, to remain available until September 30, 2025, 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.

(a)
removed 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)
removed 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—
(1)
removed 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)
removed the armed forces of the Russian Federation have withdrawn from Ukraine; and
(3)
removed agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine.
(c)
removed 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.

Sec. 8114

changed Of The Secretary of Defense shall notify the amounts appropriated congressional defense committees in this Act under writing not more than 30 days after the heading “Operation and Maintenance, Defense-Wide”, for receipt of any contribution of funds received from the Defense Security Cooperation Agency, $15,000,000, to remain available until September 30, 2025, shall be for payments to reimburse key cooperating nations government of a foreign country for logistical, military, and other support, including access, provided to United States military and stability operations any purpose relating to counter the Islamic State stationing or operations of Iraq and Syria: the United States Armed Forces: Provided, That such reimbursement payments may be made in such amounts as notification shall include the Secretary amount of Defense, with the concurrence of contribution; the Secretary of State, purpose for which such contribution was made; and in consultation with the Director of the Office of Management and Budget, may determine, based on documentation determined authority under which such contribution was accepted 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: Defense: 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 not fewer than 15 days following written notification prior to the appropriate congressional committees: Provided further, That obligating such funds, the Secretary of Defense shall provide quarterly reports submit to the Committees on Appropriations of the House congressional defense committees in writing a notification of Representatives and the Senate on the planned use and status of funds made available in this section.such contributions, including whether such contributions would support existing or new stationing or operations of the United States Armed Forces.

Sec. 8115

(a)
added The Chairman of the Joint Chiefs, in coordination with the Secretaries of the military departments and the Chiefs of the Armed Forces, shall submit to the congressional defense committees, not later than 30 days after the last day of each quarter of the fiscal year, a report on the use of operation and maintenance funds for activities or exercises in excess of $5,000,000 that have been designated by the Secretary of Defense as unplanned activities for fiscal year 2024.
(b)
added Each report required by subsection (a) shall also include—
(1)
added the title, date, and location, of each activity and exercise covered by the report;
(2)
added an identification of the military department and units that participated in each such activity or exercise (including an estimate of the number of participants);
(3)
added the total cost of the activity or exercise, by budget line item (with a breakdown by cost element such as transportation); and
(4)
added a short explanation of the objective of the activity or exercise.
(c)
added The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

removed The Secretary of Defense shall notify the congressional defense committees in writing not more than 30 days after the receipt of any contribution of funds received from the government of a foreign country for any purpose relating to the stationing or operations of the United States Armed Forces: Provided, That such notification shall include the amount of the contribution; the purpose for which such contribution was made; and the authority under which such contribution was accepted by the Secretary of Defense: Provided further, That not fewer than 15 days prior to obligating such funds, the Secretary of Defense shall submit to the congressional defense committees in writing a notification of the planned use of such contributions, including whether such contributions would support existing or new stationing or operations of the United States Armed Forces.

Sec. 8116

added Not later than 15 days after the date on which any foreign base that involves the stationing or operations of the United States Armed Forces, including a temporary base, permanent base, or base owned and operated by a foreign country, is opened or closed, the Secretary of Defense shall notify the congressional defense committees in writing of the opening or closing of such base: Provided, That such notification shall also include information on any personnel changes, costs, and savings associated with the opening or closing of such base.

(a)
removed The Chairman of the Joint Chiefs, in coordination with the Secretaries of the military departments and the Chiefs of the Armed Forces, shall submit to the congressional defense committees, not later than 30 days after the last day of each quarter of the fiscal year, a report on the use of operation and maintenance funds for activities or exercises in excess of $5,000,000 that have been designated by the Secretary of Defense as unplanned activities for fiscal year 2024.
(b)
removed Each report required by subsection (a) shall also include—
(1)
removed the title, date, and location, of each activity and exercise covered by the report;
(2)
removed an identification of the military department and units that participated in each such activity or exercise (including an estimate of the number of participants);
(3)
removed the total cost of the activity or exercise, by budget line item (with a breakdown by cost element such as transportation); and
(4)
removed a short explanation of the objective of the activity or exercise.
(c)
removed The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

Sec. 8117

changed Not later than 15 days after the date on which any foreign base that involves None of the stationing or operations funds made available by this Act may be used with respect to Iraq in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of United States Armed Forces, including a temporary base, permanent base, or base owned and operated by a foreign country, Forces into hostilities in Iraq, into situations in Iraq where imminent involvement in hostilities is opened or closed, the Secretary of Defense shall notify clearly indicated by the congressional defense committees circumstances, or into Iraqi territory, airspace, or waters while equipped for combat, in writing contravention of the opening or closing congressional consultation and reporting requirements of such base: Provided, That such notification shall also include information on any personnel changes, costs, sections 3 and savings associated with the opening or closing 4 of such base.Resolution (50 U.S.C. 1542 and 1543).

Sec. 8118

changed None of the funds made available by this Act may be used with respect to Iraq Syria in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of United States Armed Forces armed or military forces into hostilities in Iraq, Syria, into situations in Iraq Syria where imminent involvement in hostilities is clearly indicated by the circumstances, or into Iraqi Syrian territory, airspace, or waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 of such Resolution that law (50 U.S.C. 1542 and 1543).

Sec. 8119

changed None of the funds appropriated or otherwise made available by this or any other Act may shall be used with respect to Syria in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of United States armed obligated or military forces into hostilities in Syria, into situations in Syria where imminent involvement in hostilities is clearly indicated expended by the circumstances, or into Syrian territory, airspace, or waters while equipped United States Government for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).a purpose as follows:

(1)
added To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.
(2)
added To exercise United States control over any oil resource of Iraq or Syria.

Sec. 8120

changed None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by under the United States Government heading “Counter-ISIS Train and Equip Fund”, and under the heading “Operation and Maintenance, Defense-Wide” for a purpose as follows:Department of Defense security cooperation grant programs, may be used to procure or transfer man-portable air defense systems.

(1)
removed To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.
(2)
removed To exercise United States control over any oil resource of Iraq or Syria.

Sec. 8121

changed None Up to $500,000,000 of the funds made available appropriated by this Act under the heading “Counter-ISIS Train and Equip Fund”, and under for the heading Defense Security Cooperation Agency in “Operation and Maintenance, Defense-Wide” for Department of Defense security cooperation grant programs, may be used to procure or transfer man-portable air defense systems.provide assistance to the Government of Jordan to support the armed forces of Jordan and to enhance security along its borders.

Sec. 8122

changed Up to $500,000,000 of funds appropriated by this Act for the Defense Security Cooperation Agency in “Operation and Maintenance, Defense-Wide” may be used to provide assistance to Not later than 180 days after the Government date of Jordan to support the armed forces enactment of Jordan and this Act, United States Southern Command shall assume combatant command responsibility for activities related to enhance security along its borders.Mexico.

Sec. 8123

changed Not later than 180 days after the date None of the enactment of funds appropriated or otherwise made available in this Act, United States Southern Command shall assume combatant command responsibility for activities related or any other Act may be used to Mexico.transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—

(1)
added is not a United States citizen or a member of the Armed Forces of the United States; and
(2)
added is or was held on or after June 24, 2009, at United States Naval Station, Guantánamo Bay, Cuba, by the Department of Defense.

Sec. 8124

changed None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release any individual detained at United States Naval Station Guantánamo Bay, Cuba, to or within the United States, its territories, custody or possessions Khalid Sheikh Mohammed control of the individual's country of origin, any other foreign country, or any other detainee who—foreign entity except in accordance with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) and section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).

(1)
removed is not a United States citizen or a member of the Armed Forces of the United States; and
(2)
removed is or was held on or after June 24, 2009, at United States Naval Station, Guantánamo Bay, Cuba, by the Department of Defense.

Sec. 8125

(a)
added None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense.
(b)
added The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantánamo Bay, Cuba.
(c)
added An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantánamo Bay, Cuba, and who—
(1)
added is not a citizen of the United States or a member of the Armed Forces of the United States; and
(2)
added is—
(A)
added in the custody or under the effective control of the Department of Defense; or
(B)
added otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba.

removed None of the funds appropriated or otherwise made available in this Act may be used to transfer any individual detained at United States Naval Station Guantánamo Bay, Cuba, to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity except in accordance with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) and section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).

Sec. 8126

added None of the funds made available by this Act may be used to carry out the closure or realignment of the United States Naval Station, Guantánamo Bay, Cuba.

(a)
removed None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense.
(b)
removed The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantánamo Bay, Cuba.
(c)
removed An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantánamo Bay, Cuba, and who—
(1)
removed is not a citizen of the United States or a member of the Armed Forces of the United States; and
(2)
removed is—
(A)
removed in the custody or under the effective control of the Department of Defense; or
(B)
removed otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba.

Sec. 8127

changed None Notwithstanding any other provision of the funds made available by this Act may be used Act, to carry out the closure or realignment of reflect savings due to favorable foreign exchange rates, the United States Naval Station, Guantánamo Bay, Cuba.total amount appropriated in this Act is hereby reduced by $950,000,000.

Sec. 8128

changed Notwithstanding any other provision of this Act, to reflect savings due to favorable foreign exchange rates, In carrying out the total amount appropriated program described in this Act is hereby reduced the memorandum on the subject of “Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty Service Members” issued by $950,000,000.the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the guidance issued to implement such memorandum, the Secretary of Defense shall apply such policy and guidance, except that—

(1)
added the limitation on periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and
(2)
added the term assisted reproductive technology shall include embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage.

Sec. 8129

changed In carrying out None of the program described in funds appropriated or otherwise made available by this Act may be made used to support, directly or indirectly, the memorandum on Wuhan Institute of Virology, or any laboratory owned or controlled by the subject governments of “Policy for Assisted Reproductive Services for the Benefit People’s Republic of Seriously or Severely Ill/Injured (Category II China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Russian Federation, the Bolivarian Republic of Venezuela under the Maduro regime, or III) Active Duty Service Members” issued any other country determined by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and Defense, with the guidance issued to implement such memorandum, concurrence of the Secretary of Defense shall apply such policy and guidance, except that—State, to be a foreign adversary.

(1)
removed the limitation on periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and
(2)
removed the term assisted reproductive technology shall include embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage.

Sec. 8130

changed None of the funds appropriated or otherwise made available by this Act may be made used to support, directly or indirectly, the Wuhan Institute of Virology, or any laboratory owned or controlled by the governments of the People’s Republic of China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Russian Federation, the Bolivarian Republic of Venezuela under the Maduro regime, or fund any other country determined work to be performed by EcoHealth Alliance, Inc. unless the Secretary of Defense, with Defense determines that a waiver to such prohibition is in the concurrence national security interests of the Secretary of State, United States and, not later than 14 days after granting such a waiver, submits to be the congressional defense committees a foreign adversary.detailed justification for the waiver, including—

(1)
added an identification of the Department of Defense entity obligating or expending the funds;
(2)
added an identification of the amount of such funds;
(3)
added an identification of the intended purpose of such funds;
(4)
added an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable);
(5)
added an explanation for how the waiver is in the national security interests of the United States; and
(6)
added any other information the Secretary determines appropriate.

Sec. 8131

changed None The Secretary of the funds made available by this Act may be used to fund any work Navy shall continue to be performed by EcoHealth Alliance, Inc. in China on research supported by the government of China unless the Secretary of Defense determines that a waiver provide pay and allowances to Lieutenant Ridge Alkonis, United States Navy, until such prohibition is in time as the national security interests Secretary of the United States and, not later than 14 days after granting such Navy makes a waiver, submits determination with respect to the congressional defense committees a detailed justification for separation of Lieutenant Alkonis from the waiver, including—Navy.

(1)
removed an identification of the Department of Defense entity obligating or expending the funds;
(2)
removed an identification of the amount of such funds;
(3)
removed an identification of the intended purpose of such funds;
(4)
removed an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable);
(5)
removed an explanation for how the waiver is in the national security interests of the United States; and
(6)
removed any other information the Secretary determines appropriate.

Sec. 8132

changed The Secretary of Defense may obligate funds made available in this Act for procurement or for research, development, test and evaluation for the Navy shall continue F-35 Joint Strike Fighter to provide pay and allowances modify up to Lieutenant Ridge Alkonis, United States Navy, until such time as six F-35 aircraft, including up to two F-35 aircraft of each variant, to a test configuration: Provided, That the Secretary of the Navy makes a determination Defense shall, with respect to the separation concurrence of Lieutenant Alkonis from the Navy.Secretary of the Air Force and the Secretary of the Navy, notify the congressional defense committees not fewer than 30 days prior to obligating funds under this section: Provided further, That any transfer of funds pursuant to the authority provided in this section shall be made in accordance with section 8005 of this Act.

Sec. 8133

changed The Secretary None of Defense may obligate the funds appropriated or otherwise made available in by this Act for procurement or for research, development, test and evaluation for the F-35 Joint Strike Fighter to modify up to six F-35 aircraft, including up to two F-35 aircraft of each variant, to a test configuration: Provided, That the Secretary of Defense shall, with the concurrence of the Secretary of the Air Force and the Secretary of the Navy, notify the congressional defense committees not fewer than 30 days prior to obligating funds under this section: Provided further, That any transfer of funds pursuant to the authority provided in this section shall other Act may be made in accordance with section 8005 of this Act.obligated to integrate an alternative engine on any F-35 aircraft.

Sec. 8134

changed None of the funds Funds appropriated or otherwise made available by in title III of this or any other Act may be obligated used to integrate an alternative engine on any F-35 aircraft.enter into a contract or contracts for the procurement of airframes and engines for the CH-53K heavy lift helicopter program.

Sec. 8135

(a)
added Within 45 days of enactment of this Act, the Secretary of Defense shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund for fiscal year 2024 pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167), to the account specified, in the amounts specified, and for the projects and activities specified, in the table titled “Department of Defense Allocation of Funds: CHIPS and Science Act Fiscal Year 2024” in the report accompanying this Act.
(b)
added Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under section 102(b)(2) of the CHIPS Act of 2022 if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Department of Defense: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation, apportionment, or allotment of amounts for continuing administration of programs allocated using funds transferred from the CHIPS for America Defense Fund, which may be allocated pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act of 2022 only in amounts that are no more than the allocation for such purposes in subsection (a) of this section.
(c)
added The Secretary of Defense may reallocate funds allocated by subsection (a) of this section, subject to the terms and conditions contained in the provisos in section 8005 of this Act: Provided, That amounts may be reallocated pursuant to this subsection only for those requirements necessary to carry out section 9903(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(d)
added Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate proposed allocations by account and by program, project, or activity, with detailed justifications, for amounts made available under section 102(b)(2) of the CHIPS Act of 2022 for fiscal year 2025.
(e)
added The Department of Defense shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded by the CHIPS for America Defense Fund for amounts allocated pursuant to subsection (a) of this section, including all uncommitted, committed, and unobligated funds.

removed Funds appropriated in title III of this Act may be used to enter into a contract or contracts for the procurement of airframes and engines for the CH-53K heavy lift helicopter program.

Sec. 8136

added Of the amounts appropriated in this Act under the heading “Research, Development, Test and Evaluation, Defense-Wide” for the Office of Strategic Capital, $99,000,000, to remain available until September 30, 2028, shall be available for the cost of loans and loan guarantees: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.

(a)
removed Within 45 days of enactment of this Act, the Secretary of Defense shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund for fiscal year 2024 pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167), to the account specified, in the amounts specified, and for the projects and activities specified, in the table titled “Department of Defense Allocation of Funds: CHIPS and Science Act Fiscal Year 2024” in the report accompanying this Act.
(b)
removed Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under section 102(b)(2) of the CHIPS Act of 2022 if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Department of Defense: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation, apportionment, or allotment of amounts for continuing administration of programs allocated using funds transferred from the CHIPS for America Defense Fund, which may be allocated pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act of 2022 only in amounts that are no more than the allocation for such purposes in subsection (a) of this section.
(c)
removed The Secretary of Defense may reallocate funds allocated by subsection (a) of this section, subject to the terms and conditions contained in the provisos in section 8005 of this Act: Provided, That amounts may be reallocated pursuant to this subsection only for those requirements necessary to carry out section 9903(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(d)
removed Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate proposed allocations by account and by program, project, or activity, with detailed justifications, for amounts made available under section 102(b)(2) of the CHIPS Act of 2022 for fiscal year 2025.
(e)
removed The Department of Defense shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded by the CHIPS for America Defense Fund for amounts allocated pursuant to subsection (a) of this section, including all uncommitted, committed, and unobligated funds.

Sec. 8137

changed Of In addition to the amounts appropriated in or otherwise made available by this Act under the heading “Research, Development, Test and Evaluation, Defense-Wide” for Act, $800,000,000 is hereby appropriated to the Office Department of Strategic Capital, $99,000,000, Defense to remain available until September 30, 2028, shall be available assist with increasing pay for the cost of loans and loan guarantees: certain enlisted grades: Provided, That such costs, including the cost Secretary of modifying such loans, Defense shall be as defined change the following cells in section 502 the military monthly basic pay table that was effective as of January 1, 2023 to the Congressional Budget Act following: E-1 with greater than four months in service to $2,600.60, E-2 to $2,799.20, E-3 with less than three years of 1974.service to $2,900.90, E-3 with three years of service to $2,950.60, E-3 with four years of service to $3,000.60, E-3 with six or more years of service to $3,050.60, E-4 with less than two years of service to $3,010.50, E-4 with two years of service to $3,060.60, E-4 with three years of service to $3,100.10, E-4 with four years of service to $3,150.80, E-4 with six years of service to $3,210.30, E-4 with eight or more years of service to $3,260.30, E-5 with less than two years of service to $3,100.30, E-5 with two years of service to $3,150.20, E-5 with three years of service to $3,200.20, E-5 with four years of service to $3,250.20, E-6 with less than two years of service to $3,210: Provided further, That the 5.2 percent increase in pay in the fiscal year 2024 budget request for all grades is in addition to the changes identified in this section.

Sec. 8138

changed In addition to None of the amounts funds appropriated or otherwise made available by this Act, $800,000,000 is hereby appropriated Act may be used to the Department release information described in paragraph C4.2.2.5.2 of Defense DoD 5400.11-R regarding a current or former member of the Armed Forces to assist with increasing pay for certain enlisted grades: Provided, That any non-Federal entity or person without the Secretary consent of Defense shall change such member or former member or, if the following cells in member or former member is deceased, the military monthly basic pay table that was effective as consent of January 1, 2023 to the following: E-1 with greater than four months in service to $2,600.60, E-2 to $2,799.20, E-3 with less than three years of service to $2,900.90, E-3 with three years next of service to $2,950.60, E-3 with four years kin of service to $3,000.60, E-3 with six such member or more years of service to $3,050.60, E-4 with less than two years of service to $3,010.50, E-4 with two years former member or a legally authorized representative of service to $3,060.60, E-4 with three years the estate of service to $3,100.10, E-4 with four years such member or former member, unless such information is requested under section 552 of service title 5 (commonly referred to $3,150.80, E-4 with six years as the “Freedom of service to $3,210.30, E-4 with eight Information Act”) and such information is not exempt from disclosure under such section: Provided, That if such information is requested under such section, the releasing authority shall notify the member or more years former member who is the subject of service to $3,260.30, E-5 with less than two years the request or, if the member or former member is deceased, the next of service to $3,100.30, E-5 with two years kin of service to $3,150.20, E-5 with three years such member or former member, or a legally authorized representative of service to $3,200.20, E-5 with four years the estate of service such member or former member, prior to $3,250.20, E-6 with less than two years the release of service to $3,210: such information: Provided further, That the 5.2 percent increase in pay in the fiscal year 2024 budget this section shall not apply to a request for all grades is in addition to the changes identified in this section.such information from a State or local law enforcement agency.

Sec. 8139

changed None of the funds appropriated or otherwise made available by this Act may be used to release information described in paragraph C4.2.2.5.2 of DoD 5400.11-R regarding a current or former member of the Armed Forces to any non-Federal entity or person without the consent of such member obligated or former member or, if the member expended for acquisition, construction, installation, or former member is deceased, the consent of the next of kin leasing of such member temporary or former member permanent public works, military installations, facilities, and real property, or a legally authorized representative of the estate of such member otherwise update, modernize, or former member, unless repair current public works, military installations, and facilities, including leased structures, for United States Space Command until such information is requested under section 552 of title 5 (commonly referred to time as the “Freedom Secretary of Information Act”) and such information is not exempt from disclosure under such section: Provided, That if such information is requested under such section, the releasing authority shall notify the member or former member who is Air Force formally selects and publicly announces the subject permanent location of the request or, if United States Space Command Headquarters in alignment to the member or former member is deceased, United States Air Force Selection Process for the next Permanent Location of kin the United States Space Command Headquarters, as validated by the United States Government Accountability Office Report to Congress concerning United States Space Command (GAO-22-106055) and United States Department of such member or former member, or a legally authorized representative Defense Inspector General Report titled “Evaluation of the estate of such member or former member, prior to Air Force Selection Process for the release Permanent Location of such information: Provided further, That this section shall not apply to a request for such information from a State or local law enforcement agency.the United States Space Command Headquarters” (DODIG-2022-096).

Sec. 8140

changed None of the funds appropriated or otherwise made available by this Act may be obligated or expended for acquisition, construction, installation, or leasing of temporary or permanent public works, military installations, facilities, and real property, or otherwise update, modernize, or repair current public works, military installations, and facilities, including leased structures, for United States Space Command until such time as the Secretary of the Air Force formally selects and publicly announces the permanent location of the United States Space Command Headquarters in alignment to the United States Air Force Selection Process for the Permanent Location of the United States Space Command Headquarters, as validated by the United States Government Accountability Office Report used to Congress concerning United States Space Command (GAO-22-106055) carry out sections 554(a) and United States Department of Defense Inspector General Report titled “Evaluation 913 of the Air Force Selection Process National Defense Authorization Act for the Permanent Location of the United States Space Command Headquarters” (DODIG-2022-096).Fiscal Year 2021 (Public Law 116–283).

Sec. 8141

changed None of the funds appropriated or otherwise made available by this Act may be used to implement, administer, apply, enforce, or carry out sections 554(a) the Diversity, Equity, Inclusion, and 913 Accessibility Strategic Plan of the National Defense Authorization Act Department of Defense, or Executive Order 13985 of January 20, 2021 (86 Fed. Reg. 7009, relating to advancing racial equity and support for Fiscal Year under-served communities through the Federal Government), Executive Order 14035 of June 25, 2021 (Public Law 116–283).(86 Fed. Reg. 34593, relating to diversity, equity, inclusion, and accessibility in the Federal workforce), Executive Order 14091 of February 16, 2023 (88 Fed. Reg. 10825, relating to further advancing racial equity and support for underserved communities through the Federal government), or shall be used to execute activities that promote or perpetuate divisive concepts related to race or sex, such as the concepts that one race or sex is inherently superior to another, or that an individual's moral character or worth is determined by their race or sex.

Sec. 8142

changed None of the funds appropriated or otherwise made available by this Act may be used to implement, administer, apply, enforce, or carry out the Diversity, Equity, Inclusion, and Accessibility Strategic Plan of the Department of Defense, for surgical procedures or Executive Order 13985 of January 20, 2021 (86 Fed. Reg. 7009, relating to advancing racial equity and support hormone therapies for under-served communities through the Federal Government), Executive Order 14035 of June 25, 2021 (86 Fed. Reg. 34593, relating to diversity, equity, inclusion, and accessibility in the Federal workforce), Executive Order 14091 purposes of February 16, 2023 (88 Fed. Reg. 10825, relating to further advancing racial equity and support for underserved communities through the Federal government), or shall be used to execute activities that promote or perpetuate divisive concepts related to race or sex, such as the concepts that one race or sex is inherently superior to another, or that an individual's moral character or worth is determined by their race or sex.gender affirming care.

Sec. 8143

changed None of the funds appropriated or otherwise made available by this Act may be used for surgical procedures to promote, host, facilitate, or hormone therapies support events on United States military installations or as part of military recruiting programs that violate the Department of Defense Joint Ethics Regulation or bring discredit upon the military, such as a drag queen story hour for children or the purposes use of gender affirming care.drag queens as military recruiters.

Sec. 8144

changed None of the funds appropriated or otherwise made available by this Act may be used or transferred to promote, host, facilitate, another Federal agency, board, or support events on United States military installations commission to recruit, hire, or as part promote any person who has been convicted of military recruiting programs that violate the Department a Federal or State child pornography charge, has been convicted of Defense Joint Ethics Regulation any other Federal or bring discredit upon the military, such as a drag queen story hour State sexual assault charge, or has been formally disciplined for children using Federal resources to access, use, or the use of drag queens as military recruiters.sell child pornography.

Sec. 8145

changed None of the funds appropriated by or otherwise made available by in this Act may shall be used or transferred to another Federal agency, board, or commission to recruit, hire, implement, administer, or promote any person who has been convicted otherwise carry out the Department of a Federal Defense memorandum dated October 20, 2022, or State child pornography charge, has been convicted of any other Federal or State sexual assault charge, successor to such memorandum, or has been formally disciplined for using Federal resources to access, use, propose, promulgate, or sell child pornography.implement any substantially similar rule or policy.

Sec. 8146

changed None of the funds appropriated by or otherwise made available in by this Act shall may be used to implement, administer, finalize, promulgate, or otherwise carry out implement the rule proposed by the Department of Defense memorandum dated October 20, 2022, or any successor to such memorandum, titled “Federal Acquisition Regulation: Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk” (87 Fed. Reg. 68312; November 14, 2022), or to propose, promulgate, or implement any substantially similar rule or policy.

Sec. 8147

changed None of the funds appropriated or otherwise made available by this Act may be used to finalize, promulgate, carry out any program, project, or implement activity that promotes or advances Critical Race Theory, any concept associated with Critical Race Theory, or that teaches or trains any idea or concept that condones an individual being discriminated against or receiving adverse or beneficial treatment based on race or sex, that condones an individual feeling discomfort, guilt, anguish, or any other form of psychological distress on account of that individual’s race or sex, as well as any idea or concept that regards one race as inherently superior to another race, the rule proposed United States or its institutions as being systemically racist or sexist, an individual as being inherently racist, sexist, or oppressive by the Department virtue of Defense titled “Federal Acquisition Regulation: Disclosure that individual’s race or sex, an individual's moral character as being necessarily determined by race or sex, an individual as bearing responsibility for actions committed in the past by other members of Greenhouse Gas Emissions and Climate-Related Financial Risk” (87 Fed. Reg. 68312; November 14, 2022), the same race or to propose, promulgate, sex, or implement any substantially similar rule meritocracy being racist, sexist, or policy.having been created by a particular race to oppress another race.

Sec. 8148

changed None of the funds appropriated or otherwise made available by in this Act may be used to carry out any program, project, or activity that promotes or advances Critical Race Theory, any concept associated with Critical Race Theory, or that teaches or trains any idea or concept that condones an individual being discriminated against or receiving adverse or beneficial treatment based on race or sex, that condones an individual feeling discomfort, guilt, anguish, or any other form of psychological distress on account of that individual’s race or sex, as well as any idea or concept that regards one race as inherently superior to another race, the United States or its institutions as being systemically racist or sexist, an individual as being inherently racist, sexist, or oppressive by virtue of that individual’s race or sex, an individual's moral character as being necessarily determined by race or sex, an individual as bearing responsibility for actions committed in the past by other members of the same race or sex, or meritocracy being racist, sexist, or having been created by a particular race to oppress another race.to—

(1)
added classify or facilitate the classification of any communications by a United States person as mis-, dis-, or mal-information; or
(2)
added partner with or fund nonprofit or other organizations that pressure or recommend private companies to censor lawful and constitutionally protected speech of United States persons, including recommending the censoring or removal of content on social media platforms.

Sec. 8149

changed None of the funds appropriated or otherwise made available in by this Act may be used to—to grant, renew, or maintain a security clearance for any individual listed as a signatory in the statement titled “Public Statement on the Hunter Biden Emails” dated October 19, 2020.

(1)
removed classify or facilitate the classification of any communications by a United States person as mis-, dis-, or mal-information; or
(2)
removed partner with or fund nonprofit or other organizations that pressure or recommend private companies to censor lawful and constitutionally protected speech of United States persons, including recommending the censoring or removal of content on social media platforms.

Sec. 8150

(a)
added In general— Notwithstanding section 7 of title 1, United States Code, section 1738C of title 28, United States Code, or any other provision of law, none of the funds provided by this Act, or previous appropriations Acts, shall be used in whole or in part to take any discriminatory action against a person, wholly or partially, on the basis that such person speaks, or acts, in accordance with a sincerely held religious belief, or moral conviction, that marriage is, or should be recognized as, a union of one man and one woman.
(b)
added Discriminatory action defined— As used in subsection (a), a discriminatory action means any action taken by the Federal Government to—
(1)
added alter in any way the Federal tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke an exemption from taxation under section 501(a) of the Internal Revenue Code of 1986 of, any person referred to in subsection (a);
(2)
added disallow a deduction for Federal tax purposes of any charitable contribution made to or by such person;
(3)
added withhold, reduce the amount or funding for, exclude, terminate, or otherwise make unavailable or deny, any Federal grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, license, certification, accreditation, employment, or other similar position or status from or to such person;
(4)
added withhold, reduce, exclude, terminate, or otherwise make unavailable or deny, any entitlement or benefit under a Federal benefit program, including admission to, equal treatment in, or eligibility for a degree from an educational program, from or to such person; or
(5)
added withhold, reduce, exclude, terminate, or otherwise make unavailable or deny access or an entitlement to Federal property, facilities, educational institutions, speech fora (including traditional, limited, and nonpublic fora), or charitable fundraising campaigns from or to such person.
(c)
added Accreditation; Licensure; Certification— The Federal Government shall consider accredited, licensed, or certified for purposes of Federal law any person that would be accredited, licensed, or certified, respectively, for such purposes but for a determination against such person wholly or partially on the basis that the person speaks, or acts, in accordance with a sincerely held religious belief or moral conviction described in subsection (a).

removed None of the funds appropriated or otherwise made available by this Act may be used to grant, renew, or maintain a security clearance for any individual listed as a signatory in the statement titled “Public Statement on the Hunter Biden Emails” dated October 19, 2020.

Sec. 8151

added None of the funds appropriated or otherwise made available by this Act may be used by the Secretary of Defense or the Service Secretaries to fly or display a flag over or within a facility of the Department of Defense other than the flag of the United States; the flag of a State, Territory, or District of Columbia; the flag of the Department of Defense; the flag of a Military Service; the flag of Flag or General Officers; the flag of Presidentially-appointed, Senate-confirmed civilians; the flag of Senior Executive Service (SES) and Military Department-specific SES; the POW/MIA flag; the flags of other countries with which the United States is an ally or partner, or for official protocol purposes; the flags of organizations in which the United States is a member, such as the North Atlantic Treaty Organization; or ceremonial, command, unit, or branch flags or guidons.

(a)
removed In general— Notwithstanding section 7 of title 1, United States Code, section 1738C of title 28, United States Code, or any other provision of law, none of the funds provided by this Act, or previous appropriations Acts, shall be used in whole or in part to take any discriminatory action against a person, wholly or partially, on the basis that such person speaks, or acts, in accordance with a sincerely held religious belief, or moral conviction, that marriage is, or should be recognized as, a union of one man and one woman.
(b)
removed Discriminatory action defined— As used in subsection (a), a discriminatory action means any action taken by the Federal Government to—
(1)
removed alter in any way the Federal tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke an exemption from taxation under section 501(a) of the Internal Revenue Code of 1986 of, any person referred to in subsection (a);
(2)
removed disallow a deduction for Federal tax purposes of any charitable contribution made to or by such person;
(3)
removed withhold, reduce the amount or funding for, exclude, terminate, or otherwise make unavailable or deny, any Federal grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, license, certification, accreditation, employment, or other similar position or status from or to such person;
(4)
removed withhold, reduce, exclude, terminate, or otherwise make unavailable or deny, any entitlement or benefit under a Federal benefit program, including admission to, equal treatment in, or eligibility for a degree from an educational program, from or to such person; or
(5)
removed withhold, reduce, exclude, terminate, or otherwise make unavailable or deny access or an entitlement to Federal property, facilities, educational institutions, speech fora (including traditional, limited, and nonpublic fora), or charitable fundraising campaigns from or to such person.
(c)
removed Accreditation; Licensure; Certification— The Federal Government shall consider accredited, licensed, or certified for purposes of Federal law any person that would be accredited, licensed, or certified, respectively, for such purposes but for a determination against such person wholly or partially on the basis that the person speaks, or acts, in accordance with a sincerely held religious belief or moral conviction described in subsection (a).

Sec. 8152

(a)
added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both the House of Representatives and Senate a report on excessive contractor payments that exceed the Truthful Cost and Pricing Act (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35) threshold and with respect to which none of the exceptions to certified cost or pricing data requirements applies.
(b)
added The report required by subsection (a) shall also include the following:
(1)
added The amounts collected, adjusted, or offset from contractors as a result of providing defective cost and pricing data.
(2)
added The mechanisms used to identify violations of the Truthful Cost and Pricing Act (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
(3)
added Disciplinary actions taken by the Department of Defense when violations of the Truthful Cost and Pricing Act (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35) are identified, regardless of whether included in the System for Award Management.
(4)
added Any referrals made to the Department of Justice where appropriate.

removed None of the funds appropriated or otherwise made available by this Act may be used by the Secretary of Defense or the Service Secretaries to fly or display a flag over or within a facility of the Department of Defense other than the flag of the United States; the flag of a State, Territory, or District of Columbia; the flag of the Department of Defense; the flag of a Military Service; the flag of Flag or General Officers; the flag of Presidentially-appointed, Senate-confirmed civilians; the flag of Senior Executive Service (SES) and Military Department-specific SES; the POW/MIA flag; the flags of other countries with which the United States is an ally or partner, or for official protocol purposes; the flags of organizations in which the United States is a member, such as the North Atlantic Treaty Organization; or ceremonial, command, unit, or branch flags or guidons.

Sec. 8153

added $0.

(a)
removed Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both the House of Representatives and Senate a report on excessive contractor payments that exceed the Truthful Cost and Pricing Act (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35) threshold and with respect to which none of the exceptions to certified cost or pricing data requirements applies.
(b)
removed The report required by subsection (a) shall also include the following:
(1)
removed The amounts collected, adjusted, or offset from contractors as a result of providing defective cost and pricing data.
(2)
removed The mechanisms used to identify violations of the Truthful Cost and Pricing Act (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
(3)
removed Disciplinary actions taken by the Department of Defense when violations of the Truthful Cost and Pricing Act (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35) are identified, regardless of whether included in the System for Award Management.
(4)
removed Any referrals made to the Department of Justice where appropriate.

Sec. 8154

changed $0.None of the funds made available in this Act may be used to eliminate a unit of the Senior Reserve Officers’ Training Corps at an institution of higher education.

Sec. 8155

added

added None of the funds made available by this Act may be used to administer, implement, or enforce—

(1)
added the proposed action outlined in the Notice published by the Department of Army to the Federal Register on August 4, 2023 (88 Fed. Reg. 51786); or
(2)
added recommendations of the Naming Commission regarding any monument in Arlington National Cemetery.

Sec. 8156

added

added None of the funds made available by this Act may be used to deploy United States Armed Forces to Ukraine.

Sec. 8157

added

added The salary of Lloyd James Austin III, the Secretary of Defense, shall be reduced to $1.

Sec. 8158

added

added None of the funds appropriated or otherwise made available by this Act may be used to pay for the costs of teleworking or remote working for any employee or contractor of the Department of Defense on a regular and recurring base.

Sec. 8159

added

added None of the funds made available by this Act may be used to provide assistance to the Department of Homeland Security to house persons on a military installation located in the United States.

Sec. 8160

added

added None of the funds made available by this Act may be used for any office of diversity, equity, or inclusion.

Sec. 8161

added
(a)
added None of the funds made available by this Act may be used, with regards to a member of the Armed Forces with a minor dependent child enrolled in an EFMP—
(1)
added to provide gender transition procedures, including surgery or medication, to such child through such EFMP;
(2)
added to provide a referral for a procedure described in paragraph (1) to such child through such EFMP; or
(3)
added to approve a change of duty station for such member through such EFMP for the purpose of providing such child with access to procedures described in paragraph (1).
(b)
added In this section, the term “EFMP” means a program under section 1781c(e) of title 10, United States Code.

Sec. 8162

added

added None of the funds appropriated or otherwise made available by this Act may be made available to remove a Chinese military company from the list required by section 1260H of the National Defense Authorization Act for Fiscal Year 2021.

Sec. 8163

added

added None of the funds made available by this Act may be made available to NewsGuard Technologies Inc.

Sec. 8164

added

added None of the funds made available by this Act may be used to require a member of the Armed Forces or a civilian employee of the Department of Defense to receive a vaccination against COVID–19.

Sec. 8165

added

added The salary of Cyrus Salazar shall be reduced to $1.

Sec. 8166

added

added None of the funds made available by this Act may be used for the Reynolds Scholars Program of the Brute Krulak Center for Innovation and Future Warfare of Marine Corps University.

Sec. 8167

added

added None of the funds appropriated by this Act may be used to implement any of the following executive orders:

(1)
added Executive Order No. 13990, relating to Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis.
(2)
added Executive Order No. 14008, relating to Tackling the Climate Crisis at Home and Abroad.
(3)
added Section 6 of Executive Order No. 14013, relating to Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration.
(4)
added Executive Order No. 14030, relating to Climate-Related Financial Risk.
(5)
added Executive Order No. 14057, relating to Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability.
(6)
added Executive Order No. 14082, relating to Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022.
(7)
added Executive Order No. 14096, relating to Revitalizing Our Nation's Commitment to Environmental Justice for All.

Sec. 8168

added

added None of the funds appropriated or otherwise made available by this Act may be expended to create, procure, or display any map that depicts Taiwan, Kinmen, Matsu, Penghu, Wuciou, Green Island, or Orchid Island as part of the territory of the People’s Republic of China.

Sec. 8169

added

added None of the funds appropriated or otherwise made available by this Act may be made available to enforce the restrictions outlined under the headings “Visits and Travel” (regarding limitations on “Travel to Taiwan”) and “Communications” (regarding limitations on “Name”, “Symbols of Sovereignty”, and “Correspondence”) in the Department of State's June 29, 2021, Memorandum for All Department and Agency Executive Secretaries entitled “Revised Guidelines on Interacting with Taiwan”.

Sec. 8170

added

added None of the funds made available by this Act may be used to enforce any COVID–19 mask mandates.