IB 

Union Calendar No. 364 

116TH CONGRESS 

2D SESSION H. R. 7617 

[Report No. 116–453] 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2021, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2020 

Mr. VISCLOSKY, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2021, and for other 

purposes. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 7617 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2021, for military func6 tions administered by the Department of Defense and for 

7 other purposes, namely: 

8 TITLE I 

9 MILITARY PERSONNEL 

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, subsistence, 

12 interest on deposits, gratuities, permanent change of sta13 tion travel (including all expenses thereof for organiza14 tional movements), and expenses of temporary duty travel 

15 between permanent duty stations, for members of the 

16 Army on active duty (except members of reserve compo17 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

20 377, as amended (42 U.S.C. 402 note), and to the Depart21 ment of Defense Military Retirement Fund, 

22 $44,936,603,000. 

23 MILITARY PERSONNEL, NAVY

24 For pay, allowances, individual clothing, subsistence, 

25 interest on deposits, gratuities, permanent change of staVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 7617 RH

1 tion travel (including all expenses thereof for organiza2 tional movements), and expenses of temporary duty travel 

3 between permanent duty stations, for members of the 

4 Navy on active duty (except members of the Reserve pro5 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

9 of Defense Military Retirement Fund, $33,757,999,000. 

10 MILITARY PERSONNEL, MARINE CORPS

11 For pay, allowances, individual clothing, subsistence, 

12 interest on deposits, gratuities, permanent change of sta13 tion travel (including all expenses thereof for organiza14 tional movements), and expenses of temporary duty travel 

15 between permanent duty stations, for members of the Ma16 rine Corps on active duty (except members of the Reserve 

17 provided for elsewhere); and for payments pursuant to sec18 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

19 402 note), and to the Department of Defense Military Re20 tirement Fund, $14,534,551,000. 

21 MILITARY PERSONNEL, AIR FORCE

22 For pay, allowances, individual clothing, subsistence, 

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


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 7617 RH

1 between permanent duty stations, for members of the Air 

2 Force on active duty (except members of reserve compo3 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

6 377, as amended (42 U.S.C. 402 note), and to the Depart7 ment of Defense Military Retirement Fund, 

8 $32,675,965,000. 

9 RESERVE PERSONNEL, ARMY

10 For pay, allowances, clothing, subsistence, gratuities, 

11 travel, and related expenses for personnel of the Army Re12 serve on active duty under sections 10211, 10302, and 

13 7038 of title 10, United States Code, or while serving on 

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

15 States Code, in connection with performing duty specified 

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

17 while undergoing reserve training, or while performing 

18 drills or equivalent duty or other duty, and expenses au19 thorized by section 16131 of title 10, United States Code; 

20 and for payments to the Department of Defense Military 

21 Retirement Fund, $5,025,216,000. 

22 RESERVE PERSONNEL, NAVY

23 For pay, allowances, clothing, subsistence, gratuities, 

24 travel, and related expenses for personnel of the Navy Re25 serve on active duty under section 10211 of title 10, 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 7617 RH

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

2 section 12301(d) of title 10, United States Code, in con3 nection with performing duty specified in section 12310(a) 

4 of title 10, United States Code, or while undergoing re5 serve training, or while performing drills or equivalent 

6 duty, and expenses authorized by section 16131 of title 

7 10, United States Code; and for payments to the Depart8 ment of Defense Military Retirement Fund, 

9 $2,223,690,000. 

10 RESERVE PERSONNEL, MARINE CORPS

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

12 travel, and related expenses for personnel of the Marine 

13 Corps Reserve on active duty under section 10211 of title 

14 10, United States Code, or while serving on active duty 

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

16 in connection with performing duty specified in section 

17 12310(a) of title 10, United States Code, or while under18 going reserve training, or while performing drills or equiv19 alent duty, and for members of the Marine Corps platoon 

20 leaders class, and expenses authorized by section 16131 

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

22 Department of Defense Military Retirement Fund, 

23 $857,394,000. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 7617 RH

1 RESERVE PERSONNEL, AIR FORCE

2 For pay, allowances, clothing, subsistence, gratuities, 

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

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

5 8038 of title 10, United States Code, or while serving on 

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

7 States Code, in connection with performing duty specified 

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

9 while undergoing reserve training, or while performing 

10 drills or equivalent duty or other duty, and expenses au11 thorized by section 16131 of title 10, United States Code; 

12 and for payments to the Department of Defense Military 

13 Retirement Fund, $2,179,763,000. 

14 NATIONAL GUARD PERSONNEL, ARMY

15 For pay, allowances, clothing, subsistence, gratuities, 

16 travel, and related expenses for personnel of the Army Na17 tional Guard while on duty under sections 10211, 10302, 

18 or 12402 of title 10 or section 708 of title 32, United 

19 States Code, or while serving on duty under section 

20 12301(d) of title 10 or section 502(f) of title 32, United 

21 States Code, in connection with performing duty specified 

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

23 while undergoing training, or while performing drills or 

24 equivalent duty or other duty, and expenses authorized by 

25 section 16131 of title 10, United States Code; and for payVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 7617 RH

1 ments to the Department of Defense Military Retirement 

2 Fund, $8,639,005,000. 

3 NATIONAL GUARD PERSONNEL, AIR FORCE

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Air Na6 tional Guard on duty under sections 10211, 10305, or 

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

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

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

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going training, or while performing drills or equivalent 

13 duty or other duty, and expenses authorized by section 

14 16131 of title 10, United States Code; and for payments 

15 to the Department of Defense Military Retirement Fund, 

16 $4,525,466,000. 

17 TITLE II 

18 OPERATION AND MAINTENANCE 

19 OPERATION AND MAINTENANCE, ARMY

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance of the Army, as author22 ized by law, $40,424,428,000: Provided, That not to ex23 ceed $12,478,000 can be used for emergencies and ex24 traordinary expenses, to be expended on the approval or 

25 authority of the Secretary of the Army, and payments may 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 7617 RH

1 be made on his certificate of necessity for confidential mili2 tary purposes. 

3 OPERATION AND MAINTENANCE, NAVY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Navy and the 

6 Marine Corps, as authorized by law, $49,248,117,000: 

7 Provided, That not to exceed $15,055,000 can be used for 

8 emergencies and extraordinary expenses, to be expended 

9 on the approval or authority of the Secretary of the Navy, 

10 and payments may be made on his certificate of necessity 

11 for confidential military purposes. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Marine Corps, 

15 as authorized by law, $7,512,336,000. 

16 OPERATION AND MAINTENANCE, AIR FORCE

17 For expenses, not otherwise provided for, necessary 

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

19 authorized by law, $33,595,328,000: Provided, That not 

20 to exceed $7,699,000 can be used for emergencies and ex21 traordinary expenses, to be expended on the approval or 

22 authority of the Secretary of the Air Force, and payments 

23 may be made on his certificate of necessity for confidential 

24 military purposes. 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 7617 RH

1 OPERATION AND MAINTENANCE, SPACE FORCE

2 For expenses, not otherwise provided for, necessary 

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

4 authorized by law, $2,498,544,000. 

5 OPERATION AND MAINTENANCE, DEFENSE-WIDE

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses, not otherwise provided for, necessary 

8 for the operation and maintenance of activities and agen9 cies of the Department of Defense (other than the military 

10 departments), as authorized by law, $38,967,817,000: 

11 Provided, That not more than $6,859,000 may be used 

12 for the Combatant Commander Initiative Fund authorized 

13 under section 166a of title 10, United States Code: Pro14 vided further, That not to exceed $36,000,000 can be used 

15 for emergencies and extraordinary expenses, to be ex16 pended on the approval or authority of the Secretary of 

17 Defense, and payments may be made on his certificate of 

18 necessity for confidential military purposes: Provided fur19 ther, That of the funds provided under this heading, not 

20 less than $48,000,000 shall be made available for the Pro21 curement Technical Assistance Cooperative Agreement 

22 Program, of which not less than $4,500,000 shall be avail23 able for centers defined in 10 U.S.C. 2411(1)(D): Pro24 vided further, That none of the funds appropriated or oth25 erwise made available by this Act may be used to plan 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 7617 RH

1 or implement the consolidation of a budget or appropria2 tions liaison office of the Office of the Secretary of De3 fense, the office of the Secretary of a military department, 

4 or the service headquarters of one of the Armed Forces 

5 into a legislative affairs or legislative liaison office: Pro6 vided further, That $17,732,000, to remain available until 

7 expended, is available only for expenses relating to certain 

8 classified activities, and may be transferred as necessary 

9 by the Secretary of Defense to operation and maintenance 

10 appropriations or research, development, test and evalua11 tion appropriations, to be merged with and to be available 

12 for the same time period as the appropriations to which 

13 transferred: Provided further, That any ceiling on the in14 vestment item unit cost of items that may be purchased 

15 with operation and maintenance funds shall not apply to 

16 the funds described in the preceding proviso: Provided fur17 ther, That of the funds provided under this heading, 

18 $659,225,000, of which $164,806,000 to remain available 

19 until September 30, 2022, shall be available to provide 

20 support and assistance to foreign security forces or other 

21 groups or individuals to conduct, support or facilitate 

22 counterterrorism, crisis response, or other Department of 

23 Defense security cooperation programs; of which not less 

24 than $30,000,000 shall be available for International Se25 curity Cooperation Programs with countries in the United 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 7617 RH

1 States Africa Command area of responsibility; of which 

2 not less than $130,000,000 shall be available for Inter3 national Security Cooperation Programs with countries in 

4 the United States Southern Command area of responsi5 bility; and not to exceed $21,814,000 shall be for Defense 

6 Security Cooperation Agency headquarters expenses: Pro7 vided further, That the Secretary of Defense shall notify 

8 the congressional defense committees in writing and not 

9 fewer than 15 days prior to obligating funds for Inter10 national Security Cooperation Programs: Provided further, 

11 That the Secretary of Defense shall provide quarterly re12 ports to the Committees on Appropriations of the House 

13 of Representatives and the Senate on the use and status 

14 of funds provided under this heading: Provided further, 

15 That the transfer authority provided under this heading 

16 is in addition to any other transfer authority provided else17 where in this Act. 

18 OPERATION AND MAINTENANCE, ARMY RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Army Reserve; re22 pair of facilities and equipment; hire of passenger motor 

23 vehicles; travel and transportation; care of the dead; re24 cruiting; procurement of services, supplies, and equip25 ment; and communications, $3,004,717,000. 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 7617 RH

1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Navy Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $1,155,746,000. 

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Marine Corps Re14 serve; repair of facilities and equipment; hire of passenger 

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

16 recruiting; procurement of services, supplies, and equip17 ment; and communications, $322,706,000. 

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Air Force Reserve; 

22 repair of facilities and equipment; hire of passenger motor 

23 vehicles; travel and transportation; care of the dead; re24 cruiting; procurement of services, supplies, and equip25 ment; and communications, $3,300,284,000. 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•HR 7617 RH

1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For expenses of training, organizing, and admin4 istering the Army National Guard, including medical and 

5 hospital treatment and related expenses in non-Federal 

6 hospitals; maintenance, operation, and repairs to struc7 tures and facilities; hire of passenger motor vehicles; per8 sonnel services in the National Guard Bureau; travel ex9 penses (other than mileage), as authorized by law for 

10 Army personnel on active duty, for Army National Guard 

11 division, regimental, and battalion commanders while in12 specting units in compliance with National Guard Bureau 

13 regulations when specifically authorized by the Chief, Na14 tional Guard Bureau; supplying and equipping the Army 

15 National Guard as authorized by law; and expenses of re16 pair, modification, maintenance, and issue of supplies and 

17 equipment (including aircraft), $7,611,147,000. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For expenses of training, organizing, and admin20 istering the Air National Guard, including medical and 

21 hospital treatment and related expenses in non-Federal 

22 hospitals; maintenance, operation, and repairs to struc23 tures and facilities; transportation of things, hire of pas24 senger motor vehicles; supplying and equipping the Air 

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


pamtmann on DSKBC07HB2PROD with BILLS
14 

•HR 7617 RH

1 modification, maintenance, and issue of supplies and 

2 equipment, including those furnished from stocks under 

3 the control of agencies of the Department of Defense; 

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

5 authorized by law for Air National Guard personnel on 

6 active Federal duty, for Air National Guard commanders 

7 while inspecting units in compliance with National Guard 

8 Bureau regulations when specifically authorized by the 

9 Chief, National Guard Bureau, $6,853,942,000. 

10 UNITED STATES COURT OF APPEALS FOR THE ARMED

11 FORCES

12 For salaries and expenses necessary for the United 

13 States Court of Appeals for the Armed Forces, 

14 $15,211,000, of which not to exceed $5,000 may be used 

15 for official representation purposes. 

16 ENVIRONMENTAL RESTORATION, ARMY

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Army, $264,285,000, to 

19 remain available until transferred: Provided, That the Sec20 retary of the Army shall, upon determining that such 

21 funds are required for environmental restoration, reduc22 tion and recycling of hazardous waste, removal of unsafe 

23 buildings and debris of the Department of the Army, or 

24 for similar purposes, transfer the funds made available by 

25 this appropriation to other appropriations made available 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•HR 7617 RH

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

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

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the transfer authority provided 

9 under this heading is in addition to any other transfer au10 thority provided elsewhere in this Act. 

11 ENVIRONMENTAL RESTORATION, NAVY

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Navy, $404,250,000, to 

14 remain available until transferred: Provided, That the Sec15 retary of the Navy shall, upon determining that such 

16 funds are required for environmental restoration, reduc17 tion and recycling of hazardous waste, removal of unsafe 

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

19 for similar purposes, transfer the funds made available by 

20 this appropriation to other appropriations made available 

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

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

23 time period as the appropriations to which transferred: 

24 Provided further, That upon a determination that all or 

25 part of the funds transferred from this appropriation are 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•HR 7617 RH

1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation: 

3 Provided further, That the transfer authority provided 

4 under this heading is in addition to any other transfer au5 thority provided elsewhere in this Act. 

6 ENVIRONMENTAL RESTORATION, AIR FORCE

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Air Force, $509,250,000, 

9 to remain available until transferred: Provided, That the 

10 Secretary of the Air Force shall, upon determining that 

11 such funds are required for environmental restoration, re12 duction and recycling of hazardous waste, removal of un13 safe buildings and debris of the Department of the Air 

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

15 available by this appropriation to other appropriations 

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

17 merged with and to be available for the same purposes 

18 and for the same time period as the appropriations to 

19 which transferred: Provided further, That upon a deter20 mination that all or part of the funds transferred from 

21 this appropriation are not necessary for the purposes pro22 vided herein, such amounts may be transferred back to 

23 this appropriation: Provided further, That the transfer au24 thority provided under this heading is in addition to any 

25 other transfer authority provided elsewhere in this Act. 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•HR 7617 RH

1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of Defense, $19,952,000, to re4 main available until transferred: Provided, That the Sec5 retary of Defense shall, upon determining that such funds 

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

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

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of Defense, to be merged with and to be avail12 able for the same purposes and for the same time period 

13 as the appropriations to which transferred: Provided fur14 ther, That upon a determination that all or part of the 

15 funds transferred from this appropriation are not nec16 essary for the purposes provided herein, such amounts 

17 may be transferred back to this appropriation: Provided 

18 further, That the transfer authority provided under this 

19 heading is in addition to any other transfer authority pro20 vided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, FORMERLY USED

22 DEFENSE SITES

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Army, $288,750,000, to 

25 remain available until transferred: Provided, That the SecVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
18 

•HR 7617 RH

1 retary of the Army shall, upon determining that such 

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe 

4 buildings and debris at sites formerly used by the Depart5 ment of Defense, transfer the funds made available by this 

6 appropriation to other appropriations made available to 

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

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

9 period as the appropriations to which transferred: Pro10 vided further, That upon a determination that all or part 

11 of the funds transferred from this appropriation are not 

12 necessary for the purposes provided herein, such amounts 

13 may be transferred back to this appropriation: Provided 

14 further, That the transfer authority provided under this 

15 heading is in addition to any other transfer authority pro16 vided elsewhere in this Act. 

17 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

18 For expenses relating to the Overseas Humanitarian, 

19 Disaster, and Civic Aid programs of the Department of 

20 Defense (consisting of the programs provided under sec21 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

22 United States Code), $147,500,000, to remain available 

23 until September 30, 2022: Provided, That such amounts 

24 shall not be subject to the limitation in section 407(c)(3) 

25 of title 10, United States Code. 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•HR 7617 RH

1 COOPERATIVE THREAT REDUCTION ACCOUNT

2 For assistance, including assistance provided by con3 tract or by grants, under programs and activities of the 

4 Department of Defense Cooperative Threat Reduction 

5 Program authorized under the Department of Defense Co6 operative Threat Reduction Act, $360,190,000, to remain 

7 available until September 30, 2023. 

8 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

9 DEVELOPMENT ACCOUNT

10 For the Department of Defense Acquisition Work11 force Development Account, $198,501,000, to remain 

12 available for obligation until September 30, 2021: Pro13 vided, That no other amounts may be otherwise credited 

14 or transferred to the Account, or deposited into the Ac15 count, in fiscal year 2021 pursuant to section 1705(d) of 

16 title 10, United States Code. 

17 TITLE III 

18 PROCUREMENT 

19 AIRCRAFT PROCUREMENT, ARMY

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

22 ordnance, ground handling equipment, spare parts, and 

23 accessories therefor; specialized equipment and training 

24 devices; expansion of public and private plants, including 

25 the land necessary therefor, for the foregoing purposes, 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•HR 7617 RH

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

2 and construction prosecuted thereon prior to approval of 

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

5 reserve plant and Government and contractor-owned 

6 equipment layaway; and other expenses necessary for the 

7 foregoing purposes, $3,503,013,000, to remain available 

8 for obligation until September 30, 2023. 

9 MISSILE PROCUREMENT, ARMY

10 For construction, procurement, production, modifica11 tion, and modernization of missiles, equipment, including 

12 ordnance, ground handling equipment, spare parts, and 

13 accessories therefor; specialized equipment and training 

14 devices; expansion of public and private plants, including 

15 the land necessary therefor, for the foregoing purposes, 

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

17 and construction prosecuted thereon prior to approval of 

18 title; and procurement and installation of equipment, ap19 pliances, and machine tools in public and private plants; 

20 reserve plant and Government and contractor-owned 

21 equipment layaway; and other expenses necessary for the 

22 foregoing purposes, $3,419,333,000, to remain available 

23 for obligation until September 30, 2023. 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•HR 7617 RH

1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and 

4 modification of weapons and tracked combat vehicles, 

5 equipment, including ordnance, spare parts, and acces6 sories therefor; specialized equipment and training devices; 

7 expansion of public and private plants, including the land 

8 necessary therefor, for the foregoing purposes, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and 

11 procurement and installation of equipment, appliances, 

12 and machine tools in public and private plants; reserve 

13 plant and Government and contractor-owned equipment 

14 layaway; and other expenses necessary for the foregoing 

15 purposes, $3,696,263,000, to remain available for obliga16 tion until September 30, 2023. 

17 PROCUREMENT OF AMMUNITION, ARMY

18 For construction, procurement, production, and 

19 modification of ammunition, and accessories therefor; spe20 cialized equipment and training devices; expansion of pub21 lic and private plants, including ammunition facilities, au22 thorized by section 2854 of title 10, United States Code, 

23 and the land necessary therefor, for the foregoing pur24 poses, and such lands and interests therein, may be ac25 quired, and construction prosecuted thereon prior to apVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
22 

•HR 7617 RH

1 proval of title; and procurement and installation of equip2 ment, appliances, and machine tools in public and private 

3 plants; reserve plant and Government and contractor4 owned equipment layaway; and other expenses necessary 

5 for the foregoing purposes, $2,789,898,000, to remain 

6 available for obligation until September 30, 2023. 

7 OTHER PROCUREMENT, ARMY

8 For construction, procurement, production, and 

9 modification of vehicles, including tactical, support, and 

10 non-tracked combat vehicles; the purchase of passenger 

11 motor vehicles for replacement only; communications and 

12 electronic equipment; other support equipment; spare 

13 parts, ordnance, and accessories therefor; specialized 

14 equipment and training devices; expansion of public and 

15 private plants, including the land necessary therefor, for 

16 the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; and procurement and 

19 installation of equipment, appliances, and machine tools 

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

22 expenses necessary for the foregoing purposes, 

23 $8,453,422,000, to remain available for obligation until 

24 September 30, 2023. 


pamtmann on DSKBC07HB2PROD with BILLS
23 

•HR 7617 RH

1 AIRCRAFT PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of aircraft, equipment, including 

4 ordnance, spare parts, and accessories therefor; specialized 

5 equipment; expansion of public and private plants, includ6 ing the land necessary therefor, and such lands and inter7 ests therein, may be acquired, and construction prosecuted 

8 thereon prior to approval of title; and procurement and 

9 installation of equipment, appliances, and machine tools 

10 in public and private plants; reserve plant and Govern11 ment and contractor-owned equipment layaway, 

12 $17,710,109,000, to remain available for obligation until 

13 September 30, 2023. 

14 WEAPONS PROCUREMENT, NAVY

15 For construction, procurement, production, modifica16 tion, and modernization of missiles, torpedoes, other weap17 ons, and related support equipment including spare parts, 

18 and accessories therefor; expansion of public and private 

19 plants, including the land necessary therefor, and such 

20 lands and interests therein, may be acquired, and con21 struction prosecuted thereon prior to approval of title; and 

22 procurement and installation of equipment, appliances, 

23 and machine tools in public and private plants; reserve 

24 plant and Government and contractor-owned equipment 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•HR 7617 RH

1 layaway, $4,378,594,000, to remain available for obliga2 tion until September 30, 2023. 

3 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

4 CORPS

5 For construction, procurement, production, and 

6 modification of ammunition, and accessories therefor; spe7 cialized equipment and training devices; expansion of pub8 lic and private plants, including ammunition facilities, au9 thorized by section 2854 of title 10, United States Code, 

10 and the land necessary therefor, for the foregoing pur11 poses, and such lands and interests therein, may be ac12 quired, and construction prosecuted thereon prior to ap13 proval of title; and procurement and installation of equip14 ment, appliances, and machine tools in public and private 

15 plants; reserve plant and Government and contractor16 owned equipment layaway; and other expenses necessary 

17 for the foregoing purposes, $795,134,000, to remain avail18 able for obligation until September 30, 2023. 

19 SHIPBUILDING AND CONVERSION, NAVY

20 For expenses necessary for the construction, acquisi21 tion, or conversion of vessels as authorized by law, includ22 ing armor and armament thereof, plant equipment, appli23 ances, and machine tools and installation thereof in public 

24 and private plants; reserve plant and Government and con25 tractor-owned equipment layaway; procurement of critical, 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•HR 7617 RH

1 long lead time components and designs for vessels to be 

2 constructed or converted in the future; and expansion of 

3 public and private plants, including land necessary there4 for, and such lands and interests therein, may be acquired, 

5 and construction prosecuted thereon prior to approval of 

6 title, as follows: 

7 Columbia Class Submarine, $2,862,179,000; 

8 Columbia Class Submarine (AP), $1,123,175,000; 

9 Carrier Replacement Program (CVN–80), 

10 $904,800,000; 

11 Carrier Replacement Program (CVN–81), 

12 $1,606,432,000; 

13 Virginia Class Submarine, $4,603,213,000; 

14 Virginia Class Submarine (AP), $2,173,187,000; 

15 CVN Refueling Overhauls, $1,878,453,000; 

16 CVN Refueling Overhauls (AP), $17,384,000; 

17 DDG–1000 Program, $78,205,000; 

18 DDG–51 Destroyer, $2,931,245,000; 

19 DDG–51 Destroyer (AP), $29,297,000; 

20 FFG–Frigate, $1,053,123,000; 

21 LPD Flight II, $1,155,801,000; 

22 TAO Fleet Oiler, $20,000,000; 

23 Towing, Salvage, and Rescue Ship, $157,790,000; 

24 LCU 1700, $87,395,000; 

25 Service Craft, $244,147,000; 


pamtmann on DSKBC07HB2PROD with BILLS
26 

•HR 7617 RH

1 LCAC SLEP, $56,461,000; 

2 For COVID–19 recovery for second, third, and fourth 

3 tier suppliers, $100,000,000; 

4 For outfitting, post delivery, conversions, and first 

5 destination transportation, $806,539,000; and 

6 Completion of Prior Year Shipbuilding Programs, 

7 $369,112,000. 

8 In all: $22,257,938,000, to remain available for obli9 gation until September 30, 2025: Provided, That addi10 tional obligations may be incurred after September 30, 

11 2025, for engineering services, tests, evaluations, and 

12 other such budgeted work that must be performed in the 

13 final stage of ship construction: Provided further, That 

14 none of the funds provided under this heading for the con15 struction or conversion of any naval vessel to be con16 structed in shipyards in the United States shall be ex17 pended in foreign facilities for the construction of major 

18 components of such vessel: Provided further, That none 

19 of the funds provided under this heading shall be used 

20 for the construction of any naval vessel in foreign ship21 yards: Provided further, That funds appropriated or other22 wise made available by this Act for Columbia Class Sub23 marine (AP) may be available for the purposes authorized 

24 by subsections (f), (g), (h) or (i) of section 2218a of title 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•HR 7617 RH

1 10, United States Code, only in accordance with the provi2 sions of the applicable subsection. 

3 OTHER PROCUREMENT, NAVY

4 For procurement, production, and modernization of 

5 support equipment and materials not otherwise provided 

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

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

8 of passenger motor vehicles for replacement only; expan9 sion of public and private plants, including the land nec10 essary therefor, and such lands and interests therein, may 

11 be acquired, and construction prosecuted thereon prior to 

12 approval of title; and procurement and installation of 

13 equipment, appliances, and machine tools in public and 

14 private plants; reserve plant and Government and con15 tractor-owned equipment layaway, $9,986,796,000, to re16 main available for obligation until September 30, 2023: 

17 Provided, That such funds are also available for the main18 tenance, repair, and modernization of Pacific Fleet ships 

19 under a pilot program established for such purposes. 

20 PROCUREMENT, MARINE CORPS

21 For expenses necessary for the procurement, manu22 facture, and modification of missiles, armament, military 

23 equipment, spare parts, and accessories therefor; plant 

24 equipment, appliances, and machine tools, and installation 

25 thereof in public and private plants; reserve plant and 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•HR 7617 RH

1 Government and contractor-owned equipment layaway; ve2 hicles for the Marine Corps, including the purchase of pas3 senger motor vehicles for replacement only; and expansion 

4 of public and private plants, including land necessary 

5 therefor, and such lands and interests therein, may be ac6 quired, and construction prosecuted thereon prior to ap7 proval of title, $2,693,354,000, to remain available for ob8 ligation until September 30, 2023. 

9 AIRCRAFT PROCUREMENT, AIR FORCE

10 For construction, procurement, and modification of 

11 aircraft and equipment, including armor and armament, 

12 specialized ground handling equipment, and training de13 vices, spare parts, and accessories therefor; specialized 

14 equipment; expansion of public and private plants, Gov15 ernment-owned equipment and installation thereof in such 

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

17 the foregoing purposes, and such lands and interests 

18 therein, may be acquired, and construction prosecuted 

19 thereon prior to approval of title; reserve plant and Gov20 ernment and contractor-owned equipment layaway; and 

21 other expenses necessary for the foregoing purposes in22 cluding rents and transportation of things, 

23 $19,587,853,000, to remain available for obligation until 

24 September 30, 2023. 


pamtmann on DSKBC07HB2PROD with BILLS
29 

•HR 7617 RH

1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 missiles, rockets, and related equipment, including spare 

4 parts and accessories therefor; ground handling equip5 ment, and training devices; expansion of public and pri6 vate plants, Government-owned equipment and installa7 tion thereof in such plants, erection of structures, and ac8 quisition of land, for the foregoing purposes, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; re11 serve plant and Government and contractor-owned equip12 ment layaway; and other expenses necessary for the fore13 going purposes including rents and transportation of 

14 things, $2,249,157,000, to remain available for obligation 

15 until September 30, 2023. 

16 PROCUREMENT OF AMMUNITION, AIR FORCE

17 For construction, procurement, production, and 

18 modification of ammunition, and accessories therefor; spe19 cialized equipment and training devices; expansion of pub20 lic and private plants, including ammunition facilities, au21 thorized by section 2854 of title 10, United States Code, 

22 and the land necessary therefor, for the foregoing pur23 poses, and such lands and interests therein, may be ac24 quired, and construction prosecuted thereon prior to ap25 proval of title; and procurement and installation of equipVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
30 

•HR 7617 RH

1 ment, appliances, and machine tools in public and private 

2 plants; reserve plant and Government and contractor3 owned equipment layaway; and other expenses necessary 

4 for the foregoing purposes, $609,338,000, to remain avail5 able for obligation until September 30, 2023. 

6 OTHER PROCUREMENT, AIR FORCE

7 For procurement and modification of equipment (in8 cluding ground guidance and electronic control equipment, 

9 and ground electronic and communication equipment), 

10 and supplies, materials, and spare parts therefor, not oth11 erwise provided for; the purchase of passenger motor vehi12 cles for replacement only; lease of passenger motor vehi13 cles; and expansion of public and private plants, Govern14 ment-owned equipment and installation thereof in such 

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

16 the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

18 thereon, prior to approval of title; reserve plant and Gov19 ernment and contractor-owned equipment layaway, 

20 $23,603,470,000, to remain available for obligation until 

21 September 30, 2023. 

22 PROCUREMENT, SPACE FORCE

23 For construction, procurement, and modification of 

24 spacecraft, rockets, and related equipment, including 

25 spare parts and accessories therefor; ground handling 


pamtmann on DSKBC07HB2PROD with BILLS
31 

•HR 7617 RH

1 equipment, and training devices; expansion of public and 

2 private plants, Government-owned equipment and installa3 tion thereof in such plants, erection of structures, and ac4 quisition of land, for the foregoing purposes, and such 

5 lands and interests therein, may be acquired, and con6 struction prosecuted thereon prior to approval of title; re7 serve plant and Government and contractor-owned equip8 ment layaway; and other expenses necessary for the fore9 going purposes including rents and transportation of 

10 things, $2,289,934,000, to remain available for obligation 

11 until September 30, 2023. 

12 PROCUREMENT, DEFENSE-WIDE

13 For expenses of activities and agencies of the Depart14 ment of Defense (other than the military departments) 

15 necessary for procurement, production, and modification 

16 of equipment, supplies, materials, and spare parts there17 for, not otherwise provided for; the purchase of passenger 

18 motor vehicles for replacement only; expansion of public 

19 and private plants, equipment, and installation thereof in 

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

21 for the foregoing purposes, and such lands and interests 

22 therein, may be acquired, and construction prosecuted 

23 thereon prior to approval of title; reserve plant and Gov24 ernment and contractor-owned equipment layaway, 


pamtmann on DSKBC07HB2PROD with BILLS
32 

•HR 7617 RH

1 $5,418,220,000, to remain available for obligation until 

2 September 30, 2023. 

3 DEFENSE PRODUCTION ACT PURCHASES

4 For activities by the Department of Defense pursuant 

5 to sections 108, 301, 302, and 303 of the Defense Produc6 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

7 $191,931,000, to remain available until expended. 

8 TITLE IV 

9 RESEARCH, DEVELOPMENT, TEST AND 

10 EVALUATION 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 ARMY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $13,126,499,000, to remain avail17 able for obligation until September 30, 2022. 

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

19 NAVY

20 For expenses necessary for basic and applied sci21 entific research, development, test and evaluation, includ22 ing maintenance, rehabilitation, lease, and operation of fa23 cilities and equipment, $20,165,874,000, to remain avail24 able for obligation until September 30, 2022: Provided, 

25 That funds appropriated in this paragraph which are 


pamtmann on DSKBC07HB2PROD with BILLS
33 

•HR 7617 RH

1 available for the V–22 may be used to meet unique oper2 ational requirements of the Special Operations Forces. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 AIR FORCE

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, $36,040,609,000, to remain avail9 able for obligation until September 30, 2022. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 SPACE FORCE

12 For expenses necessary for basic and applied sci13 entific research, development, test and evaluation, includ14 ing maintenance, rehabilitation, lease, and operation of fa15 cilities and equipment, $10,187,840,000, to remain avail16 able until September 30, 2022. 

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

18 DEFENSE-WIDE

19 For expenses of activities and agencies of the Depart20 ment of Defense (other than the military departments), 

21 necessary for basic and applied scientific research, devel22 opment, test and evaluation; advanced research projects 

23 as may be designated and determined by the Secretary 

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

25 lease, and operation of facilities and equipment, 


pamtmann on DSKBC07HB2PROD with BILLS
34 

•HR 7617 RH

1 $24,617,177,000, to remain available for obligation until 

2 September 30, 2022. 

3 OPERATIONAL TEST AND EVALUATION, DEFENSE

4 For expenses, not otherwise provided for, necessary 

5 for the independent activities of the Director, Operational 

6 Test and Evaluation, in the direction and supervision of 

7 operational test and evaluation, including initial oper8 ational test and evaluation which is conducted prior to, 

9 and in support of, production decisions; joint operational 

10 testing and evaluation; and administrative expenses in 

11 connection therewith, $210,090,000, to remain available 

12 for obligation until September 30, 2022. 

13 TITLE V 

14 REVOLVING AND MANAGEMENT FUNDS 

15 DEFENSE WORKING CAPITAL FUNDS

16 For the Defense Working Capital Funds, 

17 $1,348,910,000. 

18 TITLE VI 

19 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

20 DEFENSE HEALTH PROGRAM

21 For expenses, not otherwise provided for, for medical 

22 and health care programs of the Department of Defense 

23 as authorized by law, $33,297,902,000; of which 

24 $31,097,781,000, shall be for operation and maintenance, 

25 of which not to exceed one percent shall remain available 


pamtmann on DSKBC07HB2PROD with BILLS
35 

•HR 7617 RH

1 for obligation until September 30, 2022, and of which up 

2 to $16,024,715,000 may be available for contracts entered 

3 into under the TRICARE program; of which 

4 $557,896,000, to remain available for obligation until Sep5 tember 30, 2023, shall be for procurement; and of which 

6 $1,642,225,000, to remain available for obligation until 

7 September 30, 2022, shall be for research, development, 

8 test and evaluation: Provided, That, notwithstanding any 

9 other provision of law, of the amount made available under 

10 this heading for research, development, test and evalua11 tion, not less than $8,000,000 shall be available for HIV 

12 prevention educational activities undertaken in connection 

13 with United States military training, exercises, and hu14 manitarian assistance activities conducted primarily in Af15 rican nations: Provided further, That of the funds provided 

16 under this heading for research, development, test and 

17 evaluation, not less than $1,020,500,000 shall be made 

18 available to the United States Army Medical Research and 

19 Development Command to carry out the congressionally 

20 directed medical research programs: Provided further, 

21 That the Secretary of Defense shall submit to the Con22 gressional defense committees quarterly reports on the 

23 current status of the deployment of the electronic health 

24 record: Provided further, That the Secretary of Defense 

25 shall provide notice to the Congressional defense commitVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
36 

•HR 7617 RH

1 tees not later than ten business days after delaying the 

2 proposed timeline of such deployment if such delay is 

3 longer than one week: Provided further, That the Comp4 troller General of the United States shall perform quar5 terly performance reviews of such deployment. 

6 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

7 DEFENSE

8 For expenses, not otherwise provided for, necessary 

9 for the destruction of the United States stockpile of lethal 

10 chemical agents and munitions in accordance with the pro11 visions of section 1412 of the Department of Defense Au12 thorization Act, 1986 (50 U.S.C. 1521), and for the de13 struction of other chemical warfare materials that are not 

14 in the chemical weapon stockpile, $889,500,000, of which 

15 $106,691,000 shall be for operation and maintenance, of 

16 which no less than $51,009,000 shall be for the Chemical 

17 Stockpile Emergency Preparedness Program, consisting of 

18 $22,235,000 for activities on military installations and 

19 $28,774,000, to remain available until September 30, 

20 2022, to assist State and local governments; $616,000 

21 shall be for procurement, to remain available until Sep22 tember 30, 2023, of which not less than $616,000 shall 

23 be for the Chemical Stockpile Emergency Preparedness 

24 Program to assist State and local governments; and 

25 $782,193,000, to remain available until September 30, 


pamtmann on DSKBC07HB2PROD with BILLS
37 

•HR 7617 RH

1 2022, shall be for research, development, test and evalua2 tion, of which $775,699,000 shall only be for the Assem3 bled Chemical Weapons Alternatives program. 

4 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

5 DEFENSE

6 (INCLUDING TRANSFER OF FUNDS)

7 For drug interdiction and counter-drug activities of 

8 the Department of Defense, for transfer to appropriations 

9 available to the Department of Defense for military per10 sonnel of the reserve components serving under the provi11 sions of title 10 and title 32, United States Code; for oper12 ation and maintenance; for procurement; and for research, 

13 development, test and evaluation, $746,223,000, of which 

14 $421,029,000 shall be for counter-narcotics support; 

15 $123,704,000 shall be for the drug demand reduction pro16 gram; $195,979,000 shall be for the National Guard 

17 counter-drug program; and $5,511,000 shall be for the 

18 National Guard counter-drug schools program: Provided, 

19 That the funds appropriated under this heading shall be 

20 available for obligation for the same time period and for 

21 the same purpose as the appropriation to which trans22 ferred: Provided further, That upon a determination that 

23 all or part of the funds transferred from this appropriation 

24 are not necessary for the purposes provided herein, such 

25 amounts may be transferred back to this appropriation: 


pamtmann on DSKBC07HB2PROD with BILLS
38 

•HR 7617 RH

1 Provided further, That the transfer authority provided 

2 under this heading is in addition to any other transfer au3 thority contained elsewhere in this Act: Provided further, 

4 That funds appropriated under this heading for counter5 narcotics support may only be transferred 15 days fol6 lowing written notification to the congressional defense 

7 committees. 

8 OFFICE OF THE INSPECTOR GENERAL

9 For expenses and activities of the Office of the In10 spector General in carrying out the provisions of the In11 spector General Act of 1978, as amended, $387,696,000, 

12 of which $385,740,000 shall be for operation and mainte13 nance, of which not to exceed $700,000 is available for 

14 emergencies and extraordinary expenses to be expended on 

15 the approval or authority of the Inspector General, and 

16 payments may be made on the Inspector General’s certifi17 cate of necessity for confidential military purposes; of 

18 which $858,000, to remain available for obligation until 

19 September 30, 2023, shall be for procurement; and of 

20 which $1,098,000, to remain available until September 30, 

21 2022, shall be for research, development, test and evalua22 tion. 


pamtmann on DSKBC07HB2PROD with BILLS
39 

•HR 7617 RH

1 TITLE VII 

2 RELATED AGENCIES 

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

5 For payment to the Central Intelligence Agency Re6 tirement and Disability System Fund, to maintain the 

7 proper funding level for continuing the operation of the 

8 Central Intelligence Agency Retirement and Disability 

9 System, $514,000,000. 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 For necessary expenses of the Intelligence Commu12 nity Management Account, $619,728,000. 

13 TITLE VIII 

14 GENERAL PROVISIONS 

15 SEC. 8001. No part of any appropriation contained 

16 in this Act shall be used for publicity or propaganda pur17 poses not authorized by the Congress. 

18 SEC. 8002. During the current fiscal year, provisions 

19 of law prohibiting the payment of compensation to, or em20 ployment of, any person not a citizen of the United States 

21 shall not apply to personnel of the Department of Defense: 

22 Provided, That salary increases granted to direct and indi23 rect hire foreign national employees of the Department of 

24 Defense funded by this Act shall not be at a rate in excess 

25 of the percentage increase authorized by law for civilian 


pamtmann on DSKBC07HB2PROD with BILLS
40 

•HR 7617 RH

1 employees of the Department of Defense whose pay is 

2 computed under the provisions of section 5332 of title 5, 

3 United States Code, or at a rate in excess of the percent4 age increase provided by the appropriate host nation to 

5 its own employees, whichever is higher: Provided further, 

6 That this section shall not apply to Department of De7 fense foreign service national employees serving at United 

8 States diplomatic missions whose pay is set by the Depart9 ment of State under the Foreign Service Act of 1980: Pro10 vided further, That the limitations of this provision shall 

11 not apply to foreign national employees of the Department 

12 of Defense in the Republic of Turkey. 

13 SEC. 8003. No part of any appropriation contained 

14 in this Act shall remain available for obligation beyond 

15 the current fiscal year, unless expressly so provided herein. 

16 SEC. 8004. No more than 20 percent of the appro17 priations in this Act which are limited for obligation dur18 ing the current fiscal year shall be obligated during the 

19 last 2 months of the fiscal year: Provided, That this sec20 tion shall not apply to obligations for support of active 

21 duty training of reserve components or summer camp 

22 training of the Reserve Officers’ Training Corps. 

23 (TRANSFER OF FUNDS)

24 SEC. 8005. Upon determination by the Secretary of 

25 Defense that such action is necessary in the national interVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
41 

•HR 7617 RH

1 est, the Secretary may, with the approval of the Office 

2 of Management and Budget, transfer not to exceed 

3 $1,000,000,000 of working capital funds of the Depart4 ment of Defense or funds made available in this Act to 

5 the Department of Defense for military functions (except 

6 military construction) between such appropriations or 

7 funds or any subdivision thereof, to be merged with and 

8 to be available for the same purposes, and for the same 

9 time period, as the appropriation or fund to which trans10 ferred: Provided, That such authority to transfer may not 

11 be used unless for higher priority items, based on unfore12 seen military requirements, than those for which originally 

13 appropriated and in no case where the item for which 

14 funds are requested has been denied by the Congress: Pro15 vided further, That the Secretary of Defense shall notify 

16 the Congress promptly of all transfers made pursuant to 

17 this authority or any other authority in this Act: Provided 

18 further, That no part of the funds in this Act shall be 

19 available to prepare or present a request to the Commit20 tees on Appropriations of the House of Representatives 

21 and the Senate for reprogramming of funds, unless for 

22 higher priority items, based on unforeseen military re23 quirements, than those for which originally appropriated 

24 and in no case where the item for which reprogramming 

25 is requested has been denied by the Congress: Provided 


pamtmann on DSKBC07HB2PROD with BILLS
42 

•HR 7617 RH

1 further, That a request for multiple reprogrammings of 

2 funds using authority provided in this section shall be 

3 made prior to June 30, 2021: Provided further, That 

4 transfers among military personnel appropriations shall 

5 not be taken into account for purposes of the limitation 

6 on the amount of funds that may be transferred under 

7 this section. 

8 SEC. 8006. (a) With regard to the list of specific pro9 grams, projects, and activities (and the dollar amounts 

10 and adjustments to budget activities corresponding to 

11 such programs, projects, and activities) contained in the 

12 tables titled Explanation of Project Level Adjustments in 

13 the explanatory statement regarding this Act, the obliga14 tion and expenditure of amounts appropriated or other15 wise made available in this Act for those programs, 

16 projects, and activities for which the amounts appro17 priated exceed the amounts requested are hereby required 

18 by law to be carried out in the manner provided by such 

19 tables to the same extent as if the tables were included 

20 in the text of this Act. 

21 (b) Amounts specified in the referenced tables de22 scribed in subsection (a) shall not be treated as subdivi23 sions of appropriations for purposes of section 8005 of this 

24 Act: Provided, That section 8005 shall apply when transVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
43 

•HR 7617 RH

1 fers of the amounts described in subsection (a) occur be2 tween appropriation accounts. 

3 SEC. 8007. (a) Not later than 60 days after enact4 ment of this Act, the Department of Defense shall submit 

5 a report to the congressional defense committees to estab6 lish the baseline for application of reprogramming and 

7 transfer authorities for fiscal year 2021: Provided, That 

8 the report shall include— 

9 (1) a table for each appropriation with a sepa10 rate column to display the President’s budget re11 quest, adjustments made by Congress, adjustments 

12 due to enacted rescissions, if appropriate, and the 

13 fiscal year enacted level; 

14 (2) a delineation in the table for each appro15 priation both by budget activity and program, 

16 project, and activity as detailed in the Budget Ap17 pendix; and 

18 (3) an identification of items of special congres19 sional interest. 

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

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

22 reprogramming or transfer until the report identified in 

23 subsection (a) is submitted to the congressional defense 

24 committees, unless the Secretary of Defense certifies in 

25 writing to the congressional defense committees that such 


pamtmann on DSKBC07HB2PROD with BILLS
44 

•HR 7617 RH

1 reprogramming or transfer is necessary as an emergency 

2 requirement: Provided, That this subsection shall not 

3 apply to transfers from the following appropriations ac4 counts: 

5 ‘‘Environmental Restoration, Army’’; 

6 ‘‘Environmental Restoration, Navy’’; 

7 ‘‘Environmental Restoration, Air Force’’; 

8 ‘‘Environmental Restoration, Defense-Wide’’; and 

9 ‘‘Environmental Restoration, Formerly Used Defense 

10 Sites’’. 

11 (TRANSFER OF FUNDS)

12 SEC. 8008. During the current fiscal year, cash bal13 ances in working capital funds of the Department of De14 fense established pursuant to section 2208 of title 10, 

15 United States Code, may be maintained in only such 

16 amounts as are necessary at any time for cash disburse17 ments to be made from such funds: Provided, That trans18 fers may be made between such funds: Provided further, 

19 That transfers may be made between working capital 

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

21 appropriation and the ‘‘Operation and Maintenance’’ ap22 propriation accounts in such amounts as may be deter23 mined by the Secretary of Defense, with the approval of 

24 the Office of Management and Budget, except that such 

25 transfers may not be made unless the Secretary of Defense 


pamtmann on DSKBC07HB2PROD with BILLS
45 

•HR 7617 RH

1 has notified the Congress of the proposed transfer: Pro2 vided further, That except in amounts equal to the 

3 amounts appropriated to working capital funds in this Act, 

4 no obligations may be made against a working capital fund 

5 to procure or increase the value of war reserve material 

6 inventory, unless the Secretary of Defense has notified the 

7 Congress prior to any such obligation. 

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

9 be used to initiate a special access program without prior 

10 notification 30 calendar days in advance to the congres11 sional defense committees. 

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

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

14 employs economic order quantity procurement in excess of 

15 $20,000,000 in any one year of the contract or that in16 cludes an unfunded contingent liability in excess of 

17 $20,000,000; or (2) a contract for advance procurement 

18 leading to a multiyear contract that employs economic 

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

20 any one year, unless the congressional defense committees 

21 have been notified at least 30 days in advance of the pro22 posed contract award: Provided, That no part of any ap23 propriation contained in this Act shall be available to ini24 tiate a multiyear contract for which the economic order 

25 quantity advance procurement is not funded at least to 


pamtmann on DSKBC07HB2PROD with BILLS
46 

•HR 7617 RH

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

2 That no part of any appropriation contained in this Act 

3 shall be available to initiate multiyear procurement con4 tracts for any systems or component thereof if the value 

5 of the multiyear contract would exceed $500,000,000 un6 less specifically provided in this Act: Provided further, 

7 That no multiyear procurement contract can be termi8 nated without 30-day prior notification to the congres9 sional defense committees: Provided further, That the exe10 cution of multiyear authority shall require the use of a 

11 present value analysis to determine lowest cost compared 

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

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

14 contract executed after the date of the enactment of this 

15 Act unless in the case of any such contract— 

16 (1) the Secretary of Defense has submitted to 

17 Congress a budget request for full funding of units 

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

19 of a contract for procurement of aircraft, that in20 cludes, for any aircraft unit to be procured through 

21 the contract for which procurement funds are re22 quested in that budget request for production be23 yond advance procurement activities in the fiscal 

24 year covered by the budget, full funding of procure25 ment of such unit in that fiscal year; 


pamtmann on DSKBC07HB2PROD with BILLS
47 

•HR 7617 RH

1 (2) cancellation provisions in the contract do 

2 not include consideration of recurring manufacturing 

3 costs of the contractor associated with the produc4 tion of unfunded units to be delivered under the con5 tract; 

6 (3) the contract provides that payments to the 

7 contractor under the contract shall not be made in 

8 advance of incurred costs on funded units; and 

9 (4) the contract does not provide for a price ad10 justment based on a failure to award a follow-on 

11 contract. 

12 SEC. 8011. Within the funds appropriated for the op13 eration and maintenance of the Armed Forces, funds are 

14 hereby appropriated pursuant to section 401 of title 10, 

15 United States Code, for humanitarian and civic assistance 

16 costs under chapter 20 of title 10, United States Code. 

17 Such funds may also be obligated for humanitarian and 

18 civic assistance costs incidental to authorized operations 

19 and pursuant to authority granted in section 401 of title 

20 10, United States Code, and these obligations shall be re21 ported as required by section 401(d) of title 10, United 

22 States Code: Provided, That funds available for operation 

23 and maintenance shall be available for providing humani24 tarian and similar assistance by using Civic Action Teams 

25 in the Trust Territories of the Pacific Islands and freely 


pamtmann on DSKBC07HB2PROD with BILLS
48 

•HR 7617 RH

1 associated states of Micronesia, pursuant to the Compact 

2 of Free Association as authorized by Public Law 99–239: 

3 Provided further, That upon a determination by the Sec4 retary of the Army that such action is beneficial for grad5 uate medical education programs conducted at Army med6 ical facilities located in Hawaii, the Secretary of the Army 

7 may authorize the provision of medical services at such 

8 facilities and transportation to such facilities, on a nonre9 imbursable basis, for civilian patients from American 

10 Samoa, the Commonwealth of the Northern Mariana Is11 lands, the Marshall Islands, the Federated States of Mi12 cronesia, Palau, and Guam. 

13 SEC. 8012. (a) During the current fiscal year, the 

14 civilian personnel of the Department of Defense may not 

15 be managed on the basis of any constraint or limitation 

16 in terms of man years, end strength, full-time equivalent 

17 positions, or maximum number of employees, but are to 

18 be managed primarily on the basis of, and in a manner 

19 consistent with— 

20 (1) the total force management policies and 

21 procedures established under section 129a of title 

22 10, United States Code; 

23 (2) the workload required to carry out the func24 tions and activities of the Department; and 


pamtmann on DSKBC07HB2PROD with BILLS
49 

•HR 7617 RH

1 (3) the funds made available to the Department 

2 for such fiscal year. 

3 (b) None of the funds appropriated by this Act may 

4 be used to reduce the civilian workforce programmed full 

5 time equivalent levels absent the appropriate analysis of 

6 the impacts of these reductions on workload, military force 

7 structure, lethality, readiness, operational effectiveness, 

8 stress on the military force, and fully burdened costs. 

9 (c) None of the funds appropriated by this Act may 

10 be used for term or temporary hiring authorities for en11 during functions. 

12 (d) A projection of the number of full-time equivalent 

13 positions shall not be considered a constraint or limitation 

14 for purposes of subsection (a) and reducing funding for 

15 under-execution of such a projection shall not be consid16 ered managing based on a constraint or limitation for pur17 poses of such subsection. 

18 (e) The fiscal year 2022 budget request for the De19 partment of Defense, and any justification material and 

20 other documentation supporting such request, shall be 

21 prepared and submitted to Congress as if subsections (a) 

22 and (b) were effective with respect to such fiscal year. 

23 (f) Nothing in this section shall be construed to apply 

24 to military (civilian) technicians. 


pamtmann on DSKBC07HB2PROD with BILLS
50 

•HR 7617 RH

1 SEC. 8013. None of the funds made available by this 

2 Act shall be used in any way, directly or indirectly, to in3 fluence congressional action on any legislation or appro4 priation matters pending before the Congress. 

5 SEC. 8014. None of the funds appropriated by this 

6 Act shall be available for the basic pay and allowances of 

7 any member of the Army participating as a full-time stu8 dent and receiving benefits paid by the Secretary of Vet9 erans Affairs from the Department of Defense Education 

10 Benefits Fund when time spent as a full-time student is 

11 credited toward completion of a service commitment: Pro12 vided, That this section shall not apply to those members 

13 who have reenlisted with this option prior to October 1, 

14 1987: Provided further, That this section applies only to 

15 active components of the Army. 

16 (TRANSFER OF FUNDS)

17 SEC. 8015. Funds appropriated in title III of this Act 

18 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro19 gram may be transferred to any other appropriation con20 tained in this Act solely for the purpose of implementing 

21 a Mentor-Prote ́ge ́ Program developmental assistance 

22 agreement pursuant to section 831 of the National De23 fense Authorization Act for Fiscal Year 1991 (Public Law 

24 101–510; 10 U.S.C. 2302 note), as amended, under the 


pamtmann on DSKBC07HB2PROD with BILLS
51 

•HR 7617 RH

1 authority of this provision or any other transfer authority 

2 contained in this Act. 

3 SEC. 8016. None of the funds in this Act may be 

4 available for the purchase by the Department of Defense 

5 (and its departments and agencies) of welded shipboard 

6 anchor and mooring chain 4 inches in diameter and under 

7 unless the anchor and mooring chain are manufactured 

8 in the United States from components which are substan9 tially manufactured in the United States: Provided, That 

10 for the purpose of this section, the term ‘‘manufactured’’ 

11 shall include cutting, heat treating, quality control, testing 

12 of chain and welding (including the forging and shot blast13 ing process): Provided further, That for the purpose of this 

14 section substantially all of the components of anchor and 

15 mooring chain shall be considered to be produced or manu16 factured in the United States if the aggregate cost of the 

17 components produced or manufactured in the United 

18 States exceeds the aggregate cost of the components pro19 duced or manufactured outside the United States: Pro20 vided further, That when adequate domestic supplies are 

21 not available to meet Department of Defense requirements 

22 on a timely basis, the Secretary of the Service responsible 

23 for the procurement may waive this restriction on a case24 by-case basis by certifying in writing to the Committees 

25 on Appropriations of the House of Representatives and the 


pamtmann on DSKBC07HB2PROD with BILLS
52 

•HR 7617 RH

1 Senate that such an acquisition must be made in order 

2 to acquire capability for national security purposes. 

3 SEC. 8017. None of the funds appropriated by this 

4 Act shall be used for the support of any nonappropriated 

5 funds activity of the Department of Defense that procures 

6 malt beverages and wine with nonappropriated funds for 

7 resale (including such alcoholic beverages sold by the 

8 drink) on a military installation located in the United 

9 States unless such malt beverages and wine are procured 

10 within that State, or in the case of the District of Colum11 bia, within the District of Columbia, in which the military 

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

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

14 purchases may be made in any State in which the installa15 tion is located: Provided further, That such local procure16 ment requirements for malt beverages and wine shall 

17 apply to all alcoholic beverages only for military installa18 tions in States which are not contiguous with another 

19 State: Provided further, That alcoholic beverages other 

20 than wine and malt beverages, in contiguous States and 

21 the District of Columbia shall be procured from the most 

22 competitive source, price and other factors considered. 

23 SEC. 8018. None of the funds available to the De24 partment of Defense may be used to demilitarize or dis25 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 


pamtmann on DSKBC07HB2PROD with BILLS
53 

•HR 7617 RH

1 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

2 to demilitarize or destroy small arms ammunition or am3 munition components that are not otherwise prohibited 

4 from commercial sale under Federal law, unless the small 

5 arms ammunition or ammunition components are certified 

6 by the Secretary of the Army or designee as unserviceable 

7 or unsafe for further use. 

8 SEC. 8019. No more than $500,000 of the funds ap9 propriated or made available in this Act shall be used dur10 ing a single fiscal year for any single relocation of an orga11 nization, unit, activity or function of the Department of 

12 Defense into or within the National Capital Region: Pro13 vided, That the Secretary of Defense may waive this re14 striction on a case-by-case basis by certifying in writing 

15 to the congressional defense committees that such a relo16 cation is required in the best interest of the Government. 

17 SEC. 8020. In addition to the funds provided else18 where in this Act, $25,000,000 is appropriated only for 

19 incentive payments authorized by section 504 of the In20 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

21 That a prime contractor or a subcontractor at any tier 

22 that makes a subcontract award to any subcontractor or 

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

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

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


pamtmann on DSKBC07HB2PROD with BILLS
54 

•HR 7617 RH

1 of title 25, United States Code, shall be considered a con2 tractor for the purposes of being allowed additional com3 pensation under section 504 of the Indian Financing Act 

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

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

6 expenditure of funds appropriated by an Act making ap7 propriations for the Department of Defense with respect 

8 to any fiscal year: Provided further, That notwithstanding 

9 section 1906 of title 41, United States Code, this section 

10 shall be applicable to any Department of Defense acquisi11 tion of supplies or services, including any contract and any 

12 subcontract at any tier for acquisition of commercial items 

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

14 subcontractor or supplier defined in section 1544 of title 

15 25, United States Code, or a small business owned and 

16 controlled by an individual or individuals defined under 

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

18 SEC. 8021. Funds appropriated by this Act for the 

19 Defense Media Activity shall not be used for any national 

20 or international political or psychological activities. 

21 SEC. 8022. During the current fiscal year, the De22 partment of Defense is authorized to incur obligations of 

23 not to exceed $350,000,000 for purposes specified in sec24 tion 2350j(c) of title 10, United States Code, in anticipa25 tion of receipt of contributions, only from the Government 


pamtmann on DSKBC07HB2PROD with BILLS
55 

•HR 7617 RH

1 of Kuwait, under that section: Provided, That, upon re2 ceipt, such contributions from the Government of Kuwait 

3 shall be credited to the appropriations or fund which in4 curred such obligations. 

5 SEC. 8023. (a) The Secretary of Defense shall notify 

6 the congressional defense committees in writing not more 

7 than 15 days after the receipt of any contribution of funds 

8 received from the government of a foreign country for any 

9 purpose relating to the stationing or operations of the 

10 United States Armed Forces. 

11 (b) Any notification submitted under subsection (a) 

12 shall include the amount of the contribution; the purpose 

13 for which such contribution was made; and the authority 

14 under which such contribution was accepted by the Sec15 retary of Defense. 

16 (c) The Secretary of Defense shall, not fewer than 

17 15 days prior to obligating funds received pursuant to sub18 section (a), submit to the congressional defense commit19 tees in writing a notification of the details of any such 

20 obligation, including— 

21 (1) the total amount of such contributions and 

22 the date received; 

23 (2) the account or accounts to which such con24 tributions were deposited and may be subsequently 

25 transferred; 


pamtmann on DSKBC07HB2PROD with BILLS
56 

•HR 7617 RH

1 (3) a description of the purpose for which such 

2 contributions were made; any contributions expected 

3 in future years from the foreign country; any agree4 ment or memorandum of understanding between the 

5 United States and such country relating to such con6 tributions; and any associated in-kind contributions; 

7 (4) the planned use of such contributions, in8 cluding whether such contributions would support 

9 existing or new stationing or operations of the 

10 United States Armed Forces; and 

11 (5) a list of any additional congressional action 

12 or notification (other than the notification required 

13 by this section) needed prior to the obligation or ex14 penditure of such contributions. 

15 (d) Nothing in this section may be construed to au16 thorize the Secretary to accept contributions from a for17 eign country. 

18 SEC. 8024. (a) Of the funds made available in this 

19 Act, not less than $56,205,000 shall be available for the 

20 Civil Air Patrol Corporation, of which— 

21 (1) $43,205,000 shall be available from ‘‘Oper22 ation and Maintenance, Air Force’’ to support Civil 

23 Air Patrol Corporation operation and maintenance, 

24 readiness, counter-drug activities, and drug demand 

25 reduction activities involving youth programs; 


pamtmann on DSKBC07HB2PROD with BILLS
57 

•HR 7617 RH

1 (2) $11,200,000 shall be available from ‘‘Air2 craft Procurement, Air Force’’; and 

3 (3) $1,800,000 shall be available from ‘‘Other 

4 Procurement, Air Force’’ for vehicle procurement. 

5 (b) The Secretary of the Air Force should waive reim6 bursement for any funds used by the Civil Air Patrol for 

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

8 local government agencies. 

9 SEC. 8025. (a) None of the funds appropriated in this 

10 Act are available to establish a new Department of De11 fense (department) federally funded research and develop12 ment center (FFRDC), either as a new entity, or as a 

13 separate entity administrated by an organization man14 aging another FFRDC, or as a nonprofit membership cor15 poration consisting of a consortium of other FFRDCs and 

16 other nonprofit entities. 

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

18 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

20 and no paid consultant to any defense FFRDC, except 

21 when acting in a technical advisory capacity, may be com22 pensated for his or her services as a member of such enti23 ty, or as a paid consultant by more than one FFRDC in 

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

25 referred to previously in this subsection shall be allowed 


pamtmann on DSKBC07HB2PROD with BILLS
58 

•HR 7617 RH

1 travel expenses and per diem as authorized under the Fed2 eral Joint Travel Regulations, when engaged in the per3 formance of membership duties. 

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

5 of the funds available to the department from any source 

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

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

8 construction of new buildings not located on a military in9 stallation, for payment of cost sharing for projects funded 

10 by Government grants, for absorption of contract over11 runs, or for certain charitable contributions, not to include 

12 employee participation in community service and/or devel13 opment. 

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

15 the funds available to the department during fiscal year 

16 2021, not more than 6,110 staff years of technical effort 

17 (staff years) may be funded for defense FFRDCs: Pro18 vided, That, of the specific amount referred to previously 

19 in this subsection, not more than 1,148 staff years may 

20 be funded for the defense studies and analysis FFRDCs: 

21 Provided further, That this subsection shall not apply to 

22 staff years funded in the National Intelligence Program 

23 and the Military Intelligence Program. 

24 (e) The Secretary of Defense shall, with the submis25 sion of the department’s fiscal year 2022 budget request, 


pamtmann on DSKBC07HB2PROD with BILLS
59 

•HR 7617 RH

1 submit a report presenting the specific amounts of staff 

2 years of technical effort to be allocated for each defense 

3 FFRDC during that fiscal year and the associated budget 

4 estimates. 

5 (f) Notwithstanding any other provision of this Act, 

6 the total amount appropriated in this Act for FFRDCs 

7 is hereby increased by $21,834,000: Provided, That this 

8 subsection shall not apply to appropriations for the Na9 tional Intelligence Program (NIP) and the Military Intel10 ligence Program (MIP). 

11 SEC. 8026. None of the funds appropriated or made 

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

13 or armor steel plate for use in any Government-owned fa14 cility or property under the control of the Department of 

15 Defense which were not melted and rolled in the United 

16 States or Canada: Provided, That these procurement re17 strictions shall apply to any and all Federal Supply Class 

18 9515, American Society of Testing and Materials (ASTM) 

19 or American Iron and Steel Institute (AISI) specifications 

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

21 That the Secretary of the military department responsible 

22 for the procurement may waive this restriction on a case23 by-case basis by certifying in writing to the Committees 

24 on Appropriations of the House of Representatives and the 

25 Senate that adequate domestic supplies are not available 


pamtmann on DSKBC07HB2PROD with BILLS
60 

•HR 7617 RH

1 to meet Department of Defense requirements on a timely 

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

3 to acquire capability for national security purposes: Pro4 vided further, That these restrictions shall not apply to 

5 contracts which are in being as of the date of the enact6 ment of this Act. 

7 SEC. 8027. For the purposes of this Act, the term 

8 ‘‘congressional defense committees’’ means the Armed 

9 Services Committee of the House of Representatives, the 

10 Armed Services Committee of the Senate, the Sub11 committee on Defense of the Committee on Appropriations 

12 of the Senate, and the Subcommittee on Defense of the 

13 Committee on Appropriations of the House of Representa14 tives. 

15 SEC. 8028. During the current fiscal year, the De16 partment of Defense may acquire the modification, depot 

17 maintenance and repair of aircraft, vehicles and vessels 

18 as well as the production of components and other De19 fense-related articles, through competition between De20 partment of Defense depot maintenance activities and pri21 vate firms: Provided, That the Senior Acquisition Execu22 tive of the military department or Defense Agency con23 cerned, with power of delegation, shall certify that success24 ful bids include comparable estimates of all direct and in25 direct costs for both public and private bids: Provided furVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
61 

•HR 7617 RH

1 ther, That Office of Management and Budget Circular A– 

2 76 shall not apply to competitions conducted under this 

3 section. 

4 SEC. 8029. (a)(1) If the Secretary of Defense, after 

5 consultation with the United States Trade Representative, 

6 determines that a foreign country which is party to an 

7 agreement described in paragraph (2) has violated the 

8 terms of the agreement by discriminating against certain 

9 types of products produced in the United States that are 

10 covered by the agreement, the Secretary of Defense shall 

11 rescind the Secretary’s blanket waiver of the Buy Amer12 ican Act with respect to such types of products produced 

13 in that foreign country. 

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

15 reciprocal defense procurement memorandum of under16 standing, between the United States and a foreign country 

17 pursuant to which the Secretary of Defense has prospec18 tively waived the Buy American Act for certain products 

19 in that country. 

20 (b) The Secretary of Defense shall submit to the Con21 gress a report on the amount of Department of Defense 

22 purchases from foreign entities in fiscal year 2021. Such 

23 report shall separately indicate the dollar value of items 

24 for which the Buy American Act was waived pursuant to 

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


pamtmann on DSKBC07HB2PROD with BILLS
62 

•HR 7617 RH

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

2 international agreement to which the United States is a 

3 party. 

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

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

6 States Code. 

7 SEC. 8030. During the current fiscal year, amounts 

8 contained in the Department of Defense Overseas Military 

9 Facility Investment Recovery Account established by sec10 tion 2921(c)(1) of the National Defense Authorization Act 

11 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

12 be available until expended for the payments specified by 

13 section 2921(c)(2) of that Act. 

14 SEC. 8031. (a) Notwithstanding any other provision 

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

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

17 tribes located in the States of Nevada, Idaho, North Da18 kota, South Dakota, Montana, Oregon, Minnesota, and 

19 Washington relocatable military housing units located at 

20 Grand Forks Air Force Base, Malmstrom Air Force Base, 

21 Mountain Home Air Force Base, Ellsworth Air Force 

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

23 needs of the Air Force. 

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

25 no cost to the Air Force, military housing units under subVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
63 

•HR 7617 RH

1 section (a) in accordance with the request for such units 

2 that are submitted to the Secretary by the Operation 

3 Walking Shield Program on behalf of Indian tribes located 

4 in the States of Nevada, Idaho, North Dakota, South Da5 kota, Montana, Oregon, Minnesota, and Washington. Any 

6 such conveyance shall be subject to the condition that the 

7 housing units shall be removed within a reasonable period 

8 of time, as determined by the Secretary. 

9 (c) The Operation Walking Shield Program shall re10 solve any conflicts among requests of Indian tribes for 

11 housing units under subsection (a) before submitting re12 quests to the Secretary of the Air Force under subsection 

13 (b). 

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

15 any recognized Indian tribe included on the current list 

16 published by the Secretary of the Interior under section 

17 104 of the Federally Recognized Indian Tribe Act of 1994 

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

19 SEC. 8032. During the current fiscal year, appropria20 tions which are available to the Department of Defense 

21 for operation and maintenance may be used to purchase 

22 items having an investment item unit cost of not more 

23 than $250,000. 

24 SEC. 8033. Up to $14,000,000 of the funds appro25 priated under the heading ‘‘Operation and Maintenance, 


pamtmann on DSKBC07HB2PROD with BILLS
64 

•HR 7617 RH

1 Navy’’ may be made available for the Asia Pacific Re2 gional Initiative Program for the purpose of enabling the 

3 United States Indo-Pacific Command to execute Theater 

4 Security Cooperation activities such as humanitarian as5 sistance, and payment of incremental and personnel costs 

6 of training and exercising with foreign security forces: 

7 Provided, That funds made available for this purpose may 

8 be used, notwithstanding any other funding authorities for 

9 humanitarian assistance, security assistance or combined 

10 exercise expenses: Provided further, That funds may not 

11 be obligated to provide assistance to any foreign country 

12 that is otherwise prohibited from receiving such type of 

13 assistance under any other provision of law. 

14 SEC. 8034. The Secretary of Defense shall issue reg15 ulations to prohibit the sale of any tobacco or tobacco16 related products in military resale outlets in the United 

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

18 most competitive price in the local community: Provided, 

19 That such regulations shall direct that the prices of to20 bacco or tobacco-related products in overseas military re21 tail outlets shall be within the range of prices established 

22 for military retail system stores located in the United 

23 States. 

24 SEC. 8035. (a) During the current fiscal year, none 

25 of the appropriations or funds available to the Department 


pamtmann on DSKBC07HB2PROD with BILLS
65 

•HR 7617 RH

1 of Defense Working Capital Funds shall be used for the 

2 purchase of an investment item for the purpose of acquir3 ing a new inventory item for sale or anticipated sale dur4 ing the current fiscal year or a subsequent fiscal year to 

5 customers of the Department of Defense Working Capital 

6 Funds if such an item would not have been chargeable 

7 to the Department of Defense Business Operations Fund 

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

9 investment item would be chargeable during the current 

10 fiscal year to appropriations made to the Department of 

11 Defense for procurement. 

12 (b) The fiscal year 2022 budget request for the De13 partment of Defense as well as all justification material 

14 and other documentation supporting the fiscal year 2022 

15 Department of Defense budget shall be prepared and sub16 mitted to the Congress on the basis that any equipment 

17 which was classified as an end item and funded in a pro18 curement appropriation contained in this Act shall be 

19 budgeted for in a proposed fiscal year 2022 procurement 

20 appropriation and not in the supply management business 

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

22 Defense Working Capital Funds. 

23 SEC. 8036. None of the funds appropriated by this 

24 Act for programs of the Central Intelligence Agency shall 

25 remain available for obligation beyond the current fiscal 


pamtmann on DSKBC07HB2PROD with BILLS
66 

•HR 7617 RH

1 year, except for funds appropriated for the Reserve for 

2 Contingencies, which shall remain available until Sep3 tember 30, 2022: Provided, That funds appropriated, 

4 transferred, or otherwise credited to the Central Intel5 ligence Agency Central Services Working Capital Fund 

6 during this or any prior or subsequent fiscal year shall 

7 remain available until expended: Provided further, That 

8 any funds appropriated or transferred to the Central Intel9 ligence Agency for advanced research and development ac10 quisition, for agent operations, and for covert action pro11 grams authorized by the President under section 503 of 

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

13 remain available until September 30, 2022: Provided fur14 ther, That any funds appropriated or transferred to the 

15 Central Intelligence Agency for the construction, improve16 ment, or alteration of facilities, including leased facilities, 

17 to be used primarily by personnel of the intelligence com18 munity shall remain available until September 30, 2023. 

19 SEC. 8037. Of the funds appropriated to the Depart20 ment of Defense under the heading ‘‘Operation and Main21 tenance, Defense-Wide’’, not less than $12,000,000 shall 

22 be made available only for the mitigation of environmental 

23 impacts, including training and technical assistance to 

24 tribes, related administrative support, the gathering of in25 formation, documenting of environmental damage, and deVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
67 

•HR 7617 RH

1 veloping a system for prioritization of mitigation and cost 

2 to complete estimates for mitigation, on Indian lands re3 sulting from Department of Defense activities. 

4 SEC. 8038. (a) None of the funds appropriated in this 

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

6 Defense unless the entity, in expending the funds, com7 plies with the Buy American Act. For purposes of this 

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

9 83 of title 41, United States Code. 

10 (b) If the Secretary of Defense determines that a per11 son has been convicted of intentionally affixing a label 

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

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

14 in America, the Secretary shall determine, in accordance 

15 with section 2410f of title 10, United States Code, wheth16 er the person should be debarred from contracting with 

17 the Department of Defense. 

18 (c) In the case of any equipment or products pur19 chased with appropriations provided under this Act, it is 

20 the sense of the Congress that any entity of the Depart21 ment of Defense, in expending the appropriation, purchase 

22 only American-made equipment and products, provided 

23 that American-made equipment and products are cost24 competitive, quality competitive, and available in a timely 

25 fashion. 


pamtmann on DSKBC07HB2PROD with BILLS
68 

•HR 7617 RH

1 SEC. 8039. (a) Except as provided in subsections (b) 

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

3 be used— 

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

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

6 Armed Forces or civilian employee of the depart7 ment who is transferred or reassigned from a head8 quarters activity if the member or employee’s place 

9 of duty remains at the location of that headquarters. 

10 (b) The Secretary of Defense or Secretary of a mili11 tary department may waive the limitations in subsection 

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

13 and certifies to the Committees on Appropriations of the 

14 House of Representatives and the Senate that the grant15 ing of the waiver will reduce the personnel requirements 

16 or the financial requirements of the department. 

17 (c) This section does not apply to— 

18 (1) field operating agencies funded within the 

19 National Intelligence Program; 

20 (2) an Army field operating agency established 

21 to eliminate, mitigate, or counter the effects of im22 provised explosive devices, and, as determined by the 

23 Secretary of the Army, other similar threats; 

24 (3) an Army field operating agency established 

25 to improve the effectiveness and efficiencies of bioVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
69 

•HR 7617 RH

1 metric activities and to integrate common biometric 

2 technologies throughout the Department of Defense; 

3 or 

4 (4) an Air Force field operating agency estab5 lished to administer the Air Force Mortuary Affairs 

6 Program and Mortuary Operations for the Depart7 ment of Defense and authorized Federal entities. 

8 SEC. 8040. (a) None of the funds appropriated by 

9 this Act shall be available to convert to contractor per10 formance an activity or function of the Department of De11 fense that, on or after the date of the enactment of this 

12 Act, is performed by Department of Defense civilian em13 ployees unless— 

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

15 public-private competition that includes a most effi16 cient and cost effective organization plan developed 

17 by such activity or function; 

18 (2) the Competitive Sourcing Official deter19 mines that, over all performance periods stated in 

20 the solicitation of offers for performance of the ac21 tivity or function, the cost of performance of the ac22 tivity or function by a contractor would be less costly 

23 to the Department of Defense by an amount that 

24 equals or exceeds the lesser of— 


pamtmann on DSKBC07HB2PROD with BILLS
70 

•HR 7617 RH

1 (A) 10 percent of the most efficient organi2 zation’s personnel-related costs for performance 

3 of that activity or function by Federal employ4 ees; or 

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

6 (3) the contractor does not receive an advan7 tage for a proposal that would reduce costs for the 

8 Department of Defense by— 

9 (A) not making an employer-sponsored 

10 health insurance plan available to the workers 

11 who are to be employed in the performance of 

12 that activity or function under the contract; or 

13 (B) offering to such workers an employer14 sponsored health benefits plan that requires the 

15 employer to contribute less towards the pre16 mium or subscription share than the amount 

17 that is paid by the Department of Defense for 

18 health benefits for civilian employees under 

19 chapter 89 of title 5, United States Code. 

20 (b)(1) The Department of Defense, without regard 

21 to subsection (a) of this section or subsection (a), (b), or 

22 (c) of section 2461 of title 10, United States Code, and 

23 notwithstanding any administrative regulation, require24 ment, or policy to the contrary shall have full authority 

25 to enter into a contract for the performance of any comVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
71 

•HR 7617 RH

1 mercial or industrial type function of the Department of 

2 Defense that— 

3 (A) is included on the procurement list estab4 lished pursuant to section 2 of the Javits-Wagner5 O’Day Act (section 8503 of title 41, United States 

6 Code); 

7 (B) is planned to be converted to performance 

8 by a qualified nonprofit agency for the blind or by 

9 a qualified nonprofit agency for other severely handi10 capped individuals in accordance with that Act; or 

11 (C) is planned to be converted to performance 

12 by a qualified firm under at least 51 percent owner13 ship by an Indian tribe, as defined in section 4(e) 

14 of the Indian Self-Determination and Education As15 sistance Act (25 U.S.C. 450b(e)), or a Native Ha16 waiian Organization, as defined in section 8(a)(15) 

17 of the Small Business Act (15 U.S.C. 637(a)(15)). 

18 (2) This section shall not apply to depot contracts 

19 or contracts for depot maintenance as provided in sections 

20 2469 and 2474 of title 10, United States Code. 

21 (c) The conversion of any activity or function of the 

22 Department of Defense under the authority provided by 

23 this section shall be credited toward any competitive or 

24 outsourcing goal, target, or measurement that may be es25 tablished by statute, regulation, or policy and is deemed 


pamtmann on DSKBC07HB2PROD with BILLS
72 

•HR 7617 RH

1 to be awarded under the authority of, and in compliance 

2 with, subsection (h) of section 2304 of title 10, United 

3 States Code, for the competition or outsourcing of com4 mercial activities. 

5 (RESCISSIONS)

6 SEC. 8041. Of the funds appropriated in Department 

7 of Defense Appropriations Acts, the following funds are 

8 hereby rescinded from the following accounts and pro9 grams in the specified amounts: Provided, That no 

10 amounts may be rescinded from amounts that were des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism or as an emergency re13 quirement pursuant to a concurrent resolution on the 

14 budget or the Balanced Budget and Emergency Deficit 

15 Control Act of 1985, as amended: 

16 ‘‘Weapons and Tracked Combat Vehicles, Army’’, 

17 2019/2021, $14,250,000; 

18 ‘‘Other Procurement, Army’’, 2019/2021, 

19 $12,953,000; 

20 ‘‘Aircraft Procurement, Navy’’, 2019/2021, 

21 $7,983,000; 

22 ‘‘Other Procurement, Navy’’, 2019/2021, 

23 $2,226,000; 

24 ‘‘Aircraft Procurement, Air Force’’, 2019/2021, 

25 $236,624,000; 


pamtmann on DSKBC07HB2PROD with BILLS
73 

•HR 7617 RH

1 ‘‘Other Procurement, Air Force’’, 2019/2021, 

2 $12,400,000; 

3 ‘‘Operation and Maintenance, Defense-Wide: Defense 

4 Security Cooperation Agency’’, 2020/2021, $20,000,000; 

5 ‘‘Weapons and Tracked Combat Vehicles, Army’’, 

6 2020/2022, $93,840,000; 

7 ‘‘Other Procurement, Army’’, 2020/2022, 

8 $10,878,000; 

9 ‘‘Aircraft Procurement, Navy’’, 2020/2022, 

10 $351,009,000; 

11 ‘‘Shipbuilding and Conversation, Navy: CVN Refuel12 ing Overhauls’’, 2020/2024, $13,100,000; 

13 ‘‘Shipbuilding and Conversion, Navy: TAO Fleet 

14 Oiler (AP)’’, 2020/2024, $73,000,000; 

15 ‘‘Other Procurement, Navy’’, 2020/2022, 

16 $60,920,000; 

17 ‘‘Procurement, Marine Corps’’, 2020/2022, 

18 $33,539,000; 

19 ‘‘Aircraft Procurement, Air Force’’, 2020/2022, 

20 $439,458,000; 

21 ‘‘Missile Procurement, Air Force’’, 2020/2022, 

22 $24,500,000; 

23 ‘‘Other Procurement, Air Force’’, 2020/2022, 

24 $11,226,000; 


pamtmann on DSKBC07HB2PROD with BILLS
74 

•HR 7617 RH

1 ‘‘Research, Development, Test and Evaluation, 

2 Army’’, 2020/2021, $310,622,000; 

3 ‘‘Research, Development, Test and Evaluation, 

4 Navy’’, 2020/2021, $70,000,000; 

5 ‘‘Research, Development, Test and Evaluation, Air 

6 Force’’, 2020/2021, $219,341,000; 

7 ‘‘Research, Development, Test and Evaluation, De8 fense-Wide’’, 2020/2021, $323,231,000; and 

9 ‘‘Defense Counterintelligence and Security Agency 

10 Working Capital Fund’’, 2020/20XX, $150,000,000. 

11 SEC. 8042. None of the funds available in this Act 

12 may be used to reduce the authorized positions for mili13 tary technicians (dual status) of the Army National 

14 Guard, Air National Guard, Army Reserve and Air Force 

15 Reserve for the purpose of applying any administratively 

16 imposed civilian personnel ceiling, freeze, or reduction on 

17 military technicians (dual status), unless such reductions 

18 are a direct result of a reduction in military force struc19 ture. 

20 SEC. 8043. None of the funds appropriated or other21 wise made available in this Act may be obligated or ex22 pended for assistance to the Democratic People’s Republic 

23 of Korea unless specifically appropriated for that purpose. 

24 SEC. 8044. Funds appropriated in this Act for oper25 ation and maintenance of the Military Departments, ComVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
75 

•HR 7617 RH

1 batant Commands and Defense Agencies shall be available 

2 for reimbursement of pay, allowances and other expenses 

3 which would otherwise be incurred against appropriations 

4 for the National Guard and Reserve when members of the 

5 National Guard and Reserve provide intelligence or coun6 terintelligence support to Combatant Commands, Defense 

7 Agencies and Joint Intelligence Activities, including the 

8 activities and programs included within the National Intel9 ligence Program and the Military Intelligence Program: 

10 Provided, That nothing in this section authorizes deviation 

11 from established Reserve and National Guard personnel 

12 and training procedures. 

13 SEC. 8045. (a) None of the funds available to the 

14 Department of Defense for any fiscal year for drug inter15 diction or counter-drug activities may be transferred to 

16 any other department or agency of the United States ex17 cept as specifically provided in an appropriations law. 

18 (b) None of the funds available to the Central Intel19 ligence Agency for any fiscal year for drug interdiction or 

20 counter-drug activities may be transferred to any other de21 partment or agency of the United States except as specifi22 cally provided in an appropriations law. 

23 SEC. 8046. None of the funds appropriated by this 

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

25 bearings other than those produced by a domestic source 


pamtmann on DSKBC07HB2PROD with BILLS
76 

•HR 7617 RH

1 and of domestic origin: Provided, That the Secretary of 

2 the military department responsible for such procurement 

3 may waive this restriction on a case-by-case basis by certi4 fying in writing to the Committees on Appropriations of 

5 the House of Representatives and the Senate, that ade6 quate domestic supplies are not available to meet Depart7 ment of Defense requirements on a timely basis and that 

8 such an acquisition must be made in order to acquire ca9 pability for national security purposes: Provided further, 

10 That this restriction shall not apply to the purchase of 

11 ‘‘commercial items’’, as defined by section 103 of title 41, 

12 United States Code, except that the restriction shall apply 

13 to ball or roller bearings purchased as end items. 

14 SEC. 8047. In addition to the amounts appropriated 

15 or otherwise made available elsewhere in this Act, 

16 $47,500,000 is hereby appropriated to the Department of 

17 Defense: Provided, That upon the determination of the 

18 Secretary of Defense that it shall serve the national inter19 est, the Secretary shall make grants in the amounts speci20 fied as follows: $22,500,000 to the United Service Organi21 zations and $25,000,000 to the Red Cross. 

22 SEC. 8048. None of the funds in this Act may be 

23 used to purchase any supercomputer which is not manu24 factured in the United States, unless the Secretary of De25 fense certifies to the congressional defense committees 


pamtmann on DSKBC07HB2PROD with BILLS
77 

•HR 7617 RH

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

2 capability for national security purposes that is not avail3 able from United States manufacturers. 

4 SEC. 8049. Notwithstanding any other provision in 

5 this Act, the Small Business Innovation Research program 

6 and the Small Business Technology Transfer program set7 asides shall be taken proportionally from all programs, 

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

9 extramural budget. 

10 SEC. 8050. None of the funds available to the De11 partment of Defense under this Act shall be obligated or 

12 expended to pay a contractor under a contract with the 

13 Department of Defense for costs of any amount paid by 

14 the contractor to an employee when— 

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

16 excess of the normal salary paid by the contractor 

17 to the employee; and 

18 (2) such bonus is part of restructuring costs as19 sociated with a business combination. 

20 (INCLUDING TRANSFER OF FUNDS)

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

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

23 under the heading ‘‘Operation and Maintenance, Defense24 Wide’’ may be transferred to appropriations available for 

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


pamtmann on DSKBC07HB2PROD with BILLS
78 

•HR 7617 RH

1 be available for the same time period as the appropriations 

2 to which transferred, to be used in support of such per3 sonnel in connection with support and services for eligible 

4 organizations and activities outside the Department of De5 fense pursuant to section 2012 of title 10, United States 

6 Code. 

7 SEC. 8052. During the current fiscal year, in the case 

8 of an appropriation account of the Department of Defense 

9 for which the period of availability for obligation has ex10 pired or which has closed under the provisions of section 

11 1552 of title 31, United States Code, and which has a 

12 negative unliquidated or unexpended balance, an obliga13 tion or an adjustment of an obligation may be charged 

14 to any current appropriation account for the same purpose 

15 as the expired or closed account if— 

16 (1) the obligation would have been properly 

17 chargeable (except as to amount) to the expired or 

18 closed account before the end of the period of avail19 ability or closing of that account; 

20 (2) the obligation is not otherwise properly 

21 chargeable to any current appropriation account of 

22 the Department of Defense; and 

23 (3) in the case of an expired account, the obli24 gation is not chargeable to a current appropriation 

25 of the Department of Defense under the provisions 


pamtmann on DSKBC07HB2PROD with BILLS
79 

•HR 7617 RH

1 of section 1405(b)(8) of the National Defense Au2 thorization Act for Fiscal Year 1991, Public Law 

3 101–510, as amended (31 U.S.C. 1551 note): Pro4 vided, That in the case of an expired account, if sub5 sequent review or investigation discloses that there 

6 was not in fact a negative unliquidated or unex7 pended balance in the account, any charge to a cur8 rent account under the authority of this section shall 

9 be reversed and recorded against the expired ac10 count: Provided further, That the total amount 

11 charged to a current appropriation under this sec12 tion may not exceed an amount equal to 1 percent 

13 of the total appropriation for that account: 

14 Provided, That the Under Secretary of Defense (Comp15 troller) shall include with the budget of the President for 

16 fiscal year 2022 (as submitted to Congress pursuant to 

17 section 1105 of title 31, United States Code) a statement 

18 describing each instance if any, during each of the fiscal 

19 years 2016 through 2021 in which the authority in this 

20 section was exercised. 

21 SEC. 8053. (a) Notwithstanding any other provision 

22 of law, the Chief of the National Guard Bureau may per23 mit the use of equipment of the National Guard Distance 

24 Learning Project by any person or entity on a space-avail25 able, reimbursable basis. The Chief of the National Guard 


pamtmann on DSKBC07HB2PROD with BILLS
80 

•HR 7617 RH

1 Bureau shall establish the amount of reimbursement for 

2 such use on a case-by-case basis. 

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

4 credited to funds available for the National Guard Dis5 tance Learning Project and be available to defray the costs 

6 associated with the use of equipment of the project under 

7 that subsection. Such funds shall be available for such 

8 purposes without fiscal year limitation. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8054. Of the funds appropriated in this Act 

11 under the heading ‘‘Operation and Maintenance, Defense12 Wide’’, $40,000,000 shall be for continued implementation 

13 and expansion of the Sexual Assault Special Victims’ 

14 Counsel Program: Provided, That the funds are made 

15 available for transfer to the Department of the Army, the 

16 Department of the Navy, and the Department of the Air 

17 Force: Provided further, That funds transferred shall be 

18 merged with and available for the same purposes and for 

19 the same time period as the appropriations to which the 

20 funds are transferred: Provided further, That this transfer 

21 authority is in addition to any other transfer authority 

22 provided in this Act. 

23 SEC. 8055. None of the funds appropriated in title 

24 IV of this Act may be used to procure end-items for deliv25 ery to military forces for operational training, operational 


pamtmann on DSKBC07HB2PROD with BILLS
81 

•HR 7617 RH

1 use or inventory requirements: Provided, That this restric2 tion does not apply to end-items used in development, 

3 prototyping, and test activities preceding and leading to 

4 acceptance for operational use: Provided further, That the 

5 Secretary of Defense shall, at the time of the submittal 

6 to Congress of the budget of the President for fiscal year 

7 2022 pursuant to section 1105 of title 31, United States 

8 Code, submit to the congressional defense committees a 

9 report detailing the use of funds requested in research, 

10 development, test and evaluation accounts for end-items 

11 used in development, prototyping and test activities pre12 ceding and leading to acceptance for operational use: Pro13 vided further, That the report shall set forth, for each end14 item covered by the preceding proviso, a detailed list of 

15 the statutory authorities under which amounts in the ac16 counts described in that proviso were used for such item: 

17 Provided further, That this restriction does not apply to 

18 programs funded within the National Intelligence Pro19 gram: Provided further, That the Secretary of Defense 

20 may waive this restriction on a case-by-case basis by certi21 fying in writing to the Committees on Appropriations of 

22 the House of Representatives and the Senate that it is 

23 in the national security interest to do so. 

24 SEC. 8056. (a) The Secretary of Defense may, on a 

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


pamtmann on DSKBC07HB2PROD with BILLS
82 

•HR 7617 RH

1 each limitation on the procurement of defense items from 

2 foreign sources provided in law if the Secretary determines 

3 that the application of the limitation with respect to that 

4 country would invalidate cooperative programs entered 

5 into between the Department of Defense and the foreign 

6 country, or would invalidate reciprocal trade agreements 

7 for the procurement of defense items entered into under 

8 section 2531 of title 10, United States Code, and the 

9 country does not discriminate against the same or similar 

10 defense items produced in the United States for that coun11 try. 

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

13 (1) contracts and subcontracts entered into on 

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

15 (2) options for the procurement of items that 

16 are exercised after such date under contracts that 

17 are entered into before such date if the option prices 

18 are adjusted for any reason other than the applica19 tion of a waiver granted under subsection (a). 

20 (c) Subsection (a) does not apply to a limitation re21 garding construction of public vessels, ball and roller bear22 ings, food, and clothing or textile materials as defined by 

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

24 Schedule of the United States and products classified 

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


pamtmann on DSKBC07HB2PROD with BILLS
83 

•HR 7617 RH

1 6505, 7019, 7218 through 7229, 7304.41 through 

2 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

3 8211, 8215, and 9404. 

4 SEC. 8057. None of the funds appropriated or other5 wise made available by this or other Department of De6 fense Appropriations Acts may be obligated or expended 

7 for the purpose of performing repairs or maintenance to 

8 military family housing units of the Department of De9 fense, including areas in such military family housing 

10 units that may be used for the purpose of conducting offi11 cial Department of Defense business. 

12 SEC. 8058. Notwithstanding any other provision of 

13 law, funds appropriated in this Act under the heading 

14 ‘‘Research, Development, Test and Evaluation, Defense15 Wide’’ for any new start advanced concept technology 

16 demonstration project or joint capability demonstration 

17 project may only be obligated 45 days after a report, in18 cluding a description of the project, the planned acquisi19 tion and transition strategy and its estimated annual and 

20 total cost, has been provided in writing to the congres21 sional defense committees. 

22 SEC. 8059. The Secretary of Defense shall continue 

23 to provide a classified quarterly report to the Committees 

24 on Appropriations of the House of Representatives and the 


pamtmann on DSKBC07HB2PROD with BILLS
84 

•HR 7617 RH

1 Senate, Subcommittees on Defense on certain matters as 

2 directed in the classified annex accompanying this Act. 

3 SEC. 8060. Notwithstanding section 12310(b) of title 

4 10, United States Code, a Reserve who is a member of 

5 the National Guard serving on full-time National Guard 

6 duty under section 502(f) of title 32, United States Code, 

7 may perform duties in support of the ground-based ele8 ments of the National Ballistic Missile Defense System. 

9 SEC. 8061. None of the funds provided in this Act 

10 may be used to transfer to any nongovernmental entity 

11 ammunition held by the Department of Defense that has 

12 a center-fire cartridge and a United States military no13 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

14 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

15 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 

16 entity performing demilitarization services for the Depart17 ment of Defense under a contract that requires the entity 

18 to demonstrate to the satisfaction of the Department of 

19 Defense that armor piercing projectiles are either: (1) ren20 dered incapable of reuse by the demilitarization process; 

21 or (2) used to manufacture ammunition pursuant to a con22 tract with the Department of Defense or the manufacture 

23 of ammunition for export pursuant to a License for Per24 manent Export of Unclassified Military Articles issued by 

25 the Department of State. 


pamtmann on DSKBC07HB2PROD with BILLS
85 

•HR 7617 RH

1 SEC. 8062. Notwithstanding any other provision of 

2 law, the Chief of the National Guard Bureau, or his des3 ignee, may waive payment of all or part of the consider4 ation that otherwise would be required under section 2667 

5 of title 10, United States Code, in the case of a lease of 

6 personal property for a period not in excess of 1 year to 

7 any organization specified in section 508(d) of title 32, 

8 United States Code, or any other youth, social, or fra9 ternal nonprofit organization as may be approved by the 

10 Chief of the National Guard Bureau, or his designee, on 

11 a case-by-case basis. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8063. Of the amounts appropriated in this Act 

14 under the heading ‘‘Operation and Maintenance, Army’’, 

15 $137,724,000 shall remain available until expended: Pro16 vided, That, notwithstanding any other provision of law, 

17 the Secretary of Defense is authorized to transfer such 

18 funds to other activities of the Federal Government: Pro19 vided further, That the Secretary of Defense is authorized 

20 to enter into and carry out contracts for the acquisition 

21 of real property, construction, personal services, and oper22 ations related to projects carrying out the purposes of this 

23 section: Provided further, That contracts entered into 

24 under the authority of this section may provide for such 

25 indemnification as the Secretary determines to be necVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
86 

•HR 7617 RH

1 essary: Provided further, That projects authorized by this 

2 section shall comply with applicable Federal, State, and 

3 local law to the maximum extent consistent with the na4 tional security, as determined by the Secretary of Defense. 

5 SEC. 8064. (a) None of the funds appropriated in this 

6 or any other Act may be used to take any action to mod7 ify— 

8 (1) the appropriations account structure for the Na9 tional Intelligence Program budget, including through the 

10 creation of a new appropriation or new appropriation ac11 count; 

12 (2) how the National Intelligence Program budget re13 quest is presented in the unclassified P-1, R-1, and O14 1 documents supporting the Department of Defense budg15 et request; 

16 (3) the process by which the National Intelligence 

17 Program appropriations are apportioned to the executing 

18 agencies; or 

19 (4) the process by which the National Intelligence 

20 Program appropriations are allotted, obligated, and dis21 bursed. 

22 (b) Nothing in subsection (a) shall be construed to 

23 prohibit the merger of programs or changes to the Na24 tional Intelligence Program budget at or below the ExVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
87 

•HR 7617 RH

1 penditure Center level, provided such change is otherwise 

2 in accordance with paragraphs (a)(1)-(3). 

3 SEC. 8065. In addition to amounts provided else4 where in this Act, $5,000,000 is hereby appropriated to 

5 the Department of Defense, to remain available for obliga6 tion until expended: Provided, That notwithstanding any 

7 other provision of law, that upon the determination of the 

8 Secretary of Defense that it shall serve the national inter9 est, these funds shall be available only for a grant to the 

10 Fisher House Foundation, Inc., only for the construction 

11 and furnishing of additional Fisher Houses to meet the 

12 needs of military family members when confronted with 

13 the illness or hospitalization of an eligible military bene14 ficiary. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8066. Of the amounts appropriated for ‘‘Oper17 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

18 available for transfer to the John C. Stennis Center for 

19 Public Service Development Trust Fund established under 

20 section 116 of the John C. Stennis Center for Public Serv21 ice Training and Development Act (2 U.S.C. 1105). 

22 SEC. 8067. None of the funds available to the De23 partment of Defense may be obligated to modify command 

24 and control relationships to give Fleet Forces Command 

25 operational and administrative control of United States 


pamtmann on DSKBC07HB2PROD with BILLS
88 

•HR 7617 RH

1 Navy forces assigned to the Pacific fleet: Provided, That 

2 the command and control relationships which existed on 

3 October 1, 2004, shall remain in force until a written 

4 modification has been proposed to the Committees on Ap5 propriations of the House of Representatives and the Sen6 ate: Provided further, That the proposed modification may 

7 be implemented 30 days after the notification unless an 

8 objection is received from either the House or Senate Ap9 propriations Committees: Provided further, That any pro10 posed modification shall not preclude the ability of the 

11 commander of United States Indo-Pacific Command to 

12 meet operational requirements. 

13 SEC. 8068. Any notice that is required to be sub14 mitted to the Committees on Appropriations of the House 

15 of Representatives and the Senate under section 806(c)(4) 

16 of the Bob Stump National Defense Authorization Act for 

17 Fiscal Year 2003 (10 U.S.C. 2302 note) after the date 

18 of the enactment of this Act shall be submitted pursuant 

19 to that requirement concurrently to the Subcommittees on 

20 Defense of the Committees on Appropriations of the 

21 House of Representatives and the Senate. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8069. Of the amounts appropriated in this Act 

24 under the headings ‘‘Procurement, Defense-Wide’’ and 

25 ‘‘Research, Development, Test and Evaluation, DefenseVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
89 

•HR 7617 RH

1 Wide’’, $500,000,000 shall be for the Israeli Cooperative 

2 Programs: Provided, That of this amount, $73,000,000 

3 shall be for the Secretary of Defense to provide to the Gov4 ernment of Israel for the procurement of the Iron Dome 

5 defense system to counter short-range rocket threats, sub6 ject to the U.S.-Israel Iron Dome Procurement Agree7 ment, as amended; $177,000,000 shall be for the Short 

8 Range Ballistic Missile Defense (SRBMD) program, in9 cluding cruise missile defense research and development 

10 under the SRBMD program, of which $50,000,000 shall 

11 be for co-production activities of SRBMD systems in the 

12 United States and in Israel to meet Israel’s defense re13 quirements consistent with each nation’s laws, regulations, 

14 and procedures, subject to the U.S.-Israeli co-production 

15 agreement for SRBMD, as amended; $77,000,000 shall 

16 be for an upper-tier component to the Israeli Missile De17 fense Architecture, of which $77,000,000 shall be for co18 production activities of Arrow 3 Upper Tier systems in 

19 the United States and in Israel to meet Israel’s defense 

20 requirements consistent with each nation’s laws, regula21 tions, and procedures, subject to the U.S.-Israeli co-pro22 duction agreement for Arrow 3 Upper Tier, as amended; 

23 and $173,000,000 shall be for the Arrow System Improve24 ment Program including development of a long range, 

25 ground and airborne, detection suite: Provided further, 


pamtmann on DSKBC07HB2PROD with BILLS
90 

•HR 7617 RH

1 That the transfer authority provided under this provision 

2 is in addition to any other transfer authority contained 

3 in this Act. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8070. Of the amounts appropriated in this Act 

6 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

7 $369,112,000 shall be available until September 30, 2021, 

8 to fund prior year shipbuilding cost increases: Provided, 

9 That upon enactment of this Act, the Secretary of the 

10 Navy shall transfer funds to the following appropriations 

11 in the amounts specified: Provided further, That the 

12 amounts transferred shall be merged with and be available 

13 for the same purposes as the appropriations to which 

14 transferred to: 

15 (1) Under the heading ‘‘Shipbuilding and Con16 version, Navy’’, 2008/2021: Carrier Replacement 

17 Program $71,000,000; 

18 (2) Under the heading ‘‘Shipbuilding and Con19 version, Navy’’, 2015/2021: DDG-51 Destroyer 

20 $9,634,000; 

21 (3) Under the heading ‘‘Shipbuilding and Con22 version, Navy’’, 2016/2021: CVN Refueling Over23 hauls $198,000,000; 

24 (4) Under the heading ‘‘Shipbuilding and Con25 version, Navy’’, 2016/2021: LPD-17 $30,578,000; 


pamtmann on DSKBC07HB2PROD with BILLS
91 

•HR 7617 RH

1 (5) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2016/2021: TAO Fleet Oiler 

3 $42,500,000; and 

4 (6) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2018/2021: TAO Fleet Oiler 

6 $17,400,000. 

7 SEC. 8071. Funds appropriated by this Act, or made 

8 available by the transfer of funds in this Act, for intel9 ligence activities are deemed to be specifically authorized 

10 by the Congress for purposes of section 504 of the Na11 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

12 year 2021 until the enactment of the Intelligence Author13 ization Act for Fiscal Year 2021. 

14 SEC. 8072. None of the funds provided in this Act 

15 shall be available for obligation or expenditure through a 

16 reprogramming of funds that creates or initiates a new 

17 program, project, or activity, unless the Secretary of De18 fense notifies the congressional defense committees not 

19 less than 30 days in advance (or in an emergency, as far 

20 in advance as practicable) that such program, project, or 

21 activity must be undertaken immediately in the interest 

22 of national security and only after written prior notifica23 tion to the congressional defense committees. 

24 SEC. 8073. The budget of the President for fiscal 

25 year 2022 submitted to the Congress pursuant to section 


pamtmann on DSKBC07HB2PROD with BILLS
92 

•HR 7617 RH

1 1105 of title 31, United States Code, shall include sepa2 rate budget justification documents for costs of United 

3 States Armed Forces’ participation in contingency oper4 ations for the Military Personnel accounts, the Operation 

5 and Maintenance accounts, the Procurement accounts, 

6 and the Research, Development, Test and Evaluation ac7 counts: Provided, That these documents shall include a de8 scription of the funding requested for each contingency op9 eration, for each military service, including all Active and 

10 Reserve components, and for each appropriations account: 

11 Provided further, That these documents shall include esti12 mated costs for each element of expense or object class, 

13 a reconciliation of increases and decreases for each contin14 gency operation, and programmatic data including, but 

15 not limited to, troop strength for each Active and Reserve 

16 component, and estimates of the major weapons systems 

17 deployed in support of each contingency: Provided further, 

18 That these documents shall include budget exhibits OP– 

19 5 and OP–32 (as defined in the Department of Defense 

20 Financial Management Regulation) for all contingency op21 erations for the budget year and the two preceding fiscal 

22 years. 

23 SEC. 8074. None of the funds in this Act may be 

24 used for research, development, test, evaluation, procureVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
93 

•HR 7617 RH

1 ment or deployment of nuclear armed interceptors of a 

2 missile defense system. 

3 SEC. 8075. The Secretary of Defense may use up to 

4 $500,000,000 of the amounts appropriated or otherwise 

5 made available in this Act to the Department of Defense 

6 for the rapid acquisition and deployment of supplies and 

7 associated support services pursuant to section 806 of the 

8 Bob Stump National Defense Authorization Act for Fiscal 

9 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note): 

10 Provided, That the Secretary of Defense shall notify the 

11 congressional defense committees promptly of all uses of 

12 such authority. 

13 SEC. 8076. None of the funds appropriated or made 

14 available in this Act shall be used to reduce or disestablish 

15 the operation of the 53rd Weather Reconnaissance Squad16 ron of the Air Force Reserve, if such action would reduce 

17 the WC–130 Weather Reconnaissance mission below the 

18 levels funded in this Act: Provided, That the Air Force 

19 shall allow the 53rd Weather Reconnaissance Squadron to 

20 perform other missions in support of national defense re21 quirements during the non-hurricane season. 

22 SEC. 8077. None of the funds provided in this Act 

23 shall be available for integration of foreign intelligence in24 formation unless the information has been lawfully col25 lected and processed during the conduct of authorized forVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
94 

•HR 7617 RH

1 eign intelligence activities: Provided, That information 

2 pertaining to United States persons shall only be handled 

3 in accordance with protections provided in the Fourth 

4 Amendment of the United States Constitution as imple5 mented through Executive Order No. 12333. 

6 SEC. 8078. (a) None of the funds appropriated by 

7 this Act may be used to transfer research and develop8 ment, acquisition, or other program authority relating to 

9 current tactical unmanned aerial vehicles (TUAVs) from 

10 the Army. 

11 (b) The Army shall retain responsibility for and oper12 ational control of the MQ–1C Gray Eagle Unmanned Aer13 ial Vehicle (UAV) in order to support the Secretary of De14 fense in matters relating to the employment of unmanned 

15 aerial vehicles. 

16 SEC. 8079. None of the funds appropriated by this 

17 Act for programs of the Office of the Director of National 

18 Intelligence shall remain available for obligation beyond 

19 the current fiscal year, except for funds appropriated for 

20 research and technology, which shall remain available until 

21 September 30, 2022. 

22 SEC. 8080. For purposes of section 1553(b) of title 

23 31, United States Code, any subdivision of appropriations 

24 made in this Act under the heading ‘‘Shipbuilding and 

25 Conversion, Navy’’ shall be considered to be for the same 


pamtmann on DSKBC07HB2PROD with BILLS
95 

•HR 7617 RH

1 purpose as any subdivision under the heading ‘‘Ship2 building and Conversion, Navy’’ appropriations in any 

3 prior fiscal year, and the 1 percent limitation shall apply 

4 to the total amount of the appropriation. 

5 SEC. 8081. (a) Not later than 60 days after the date 

6 of enactment of this Act, the Director of National Intel7 ligence shall submit a report to the congressional intel8 ligence committees to establish the baseline for application 

9 of reprogramming and transfer authorities for fiscal year 

10 2021: Provided, That the report shall include— 

11 (1) a table for each appropriation with a sepa12 rate column to display the President’s budget re13 quest, adjustments made by Congress, adjustments 

14 due to enacted rescissions, if appropriate, and the 

15 fiscal year enacted level; 

16 (2) a delineation in the table for each appro17 priation by Expenditure Center and project; and 

18 (3) an identification of items of special congres19 sional interest. 

20 (b) None of the funds provided for the National Intel21 ligence Program in this Act shall be available for re22 programming or transfer until the report identified in sub23 section (a) is submitted to the congressional intelligence 

24 committees, unless the Director of National Intelligence 

25 certifies in writing to the congressional intelligence comVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
96 

•HR 7617 RH

1 mittees that such reprogramming or transfer is necessary 

2 as an emergency requirement. 

3 SEC. 8082. Notwithstanding any other provision of 

4 law, any transfer of funds, appropriated or otherwise made 

5 available by this Act, for support to friendly foreign coun6 tries in connection with the conduct of operations in which 

7 the United States is not participating, pursuant to section 

8 331(d) of title 10, United States Code, shall be made in 

9 accordance with section 8005 or 9002 of this Act, as appli10 cable. 

11 SEC. 8083. Any transfer of amounts appropriated to, 

12 credited to, or deposited in the Department of Defense Ac13 quisition Workforce Development Account in or for fiscal 

14 year 2021 to a military department or Defense Agency 

15 pursuant to section 1705(e)(1) of title 10, United States 

16 Code, shall be covered by and subject to section 8005 or 

17 9002 of this Act, as applicable. 

18 SEC. 8084. None of the funds made available by this 

19 Act for excess defense articles, assistance under section 

20 333 of title 10, United States Code, or peacekeeping oper21 ations for the countries designated annually to be in viola22 tion of the standards of the Child Soldiers Prevention Act 

23 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 

24 be used to support any military training or operation that 

25 includes child soldiers, as defined by the Child Soldiers 


pamtmann on DSKBC07HB2PROD with BILLS
97 

•HR 7617 RH

1 Prevention Act of 2008, unless such assistance is other2 wise permitted under section 404 of the Child Soldiers 

3 Prevention Act of 2008. 

4 SEC. 8085. (a) None of the funds provided for the 

5 National Intelligence Program in this or any prior appro6 priations Act shall be available for obligation or expendi7 ture through a reprogramming or transfer of funds in ac8 cordance with section 102A(d) of the National Security 

9 Act of 1947 (50 U.S.C. 3024(d)) that— 

10 (1) creates a new start effort; 

11 (2) terminates a program with appropriated 

12 funding of $10,000,000 or more; 

13 (3) transfers funding into or out of the Na14 tional Intelligence Program; or 

15 (4) transfers funding between appropriations, 

16 unless the congressional intelligence committees are 

17 notified 30 days in advance of such reprogramming 

18 of funds; this notification period may be reduced for 

19 urgent national security requirements. 

20 (b) None of the funds provided for the National Intel21 ligence Program in this or any prior appropriations Act 

22 shall be available for obligation or expenditure through a 

23 reprogramming or transfer of funds in accordance with 

24 section 102A(d) of the National Security Act of 1947 (50 

25 U.S.C. 3024(d)) that results in a cumulative increase or 


pamtmann on DSKBC07HB2PROD with BILLS
98 

•HR 7617 RH

1 decrease of the levels specified in the classified annex ac2 companying the Act unless the congressional intelligence 

3 committees are notified 30 days in advance of such re4 programming of funds; this notification period may be re5 duced for urgent national security requirements. 

6 SEC. 8086. For the purposes of this Act, the term 

7 ‘‘congressional intelligence committees’’ means the Perma8 nent Select Committee on Intelligence of the House of 

9 Representatives, the Select Committee on Intelligence of 

10 the Senate, the Subcommittee on Defense of the Com11 mittee on Appropriations of the House of Representatives, 

12 and the Subcommittee on Defense of the Committee on 

13 Appropriations of the Senate. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 8087. During the current fiscal year, not to ex16 ceed $11,000,000 from each of the appropriations made 

17 in title II of this Act for ‘‘Operation and Maintenance, 

18 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper19 ation and Maintenance, Air Force’’ may be transferred by 

20 the military department concerned to its central fund es21 tablished for Fisher Houses and Suites pursuant to sec22 tion 2493(d) of title 10, United States Code. 

23 SEC. 8088. None of the funds appropriated by this 

24 Act may be available for the purpose of making remit25 tances to the Department of Defense Acquisition WorkVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
99 

•HR 7617 RH

1 force Development Account in accordance with section 

2 1705 of title 10, United States Code. 

3 SEC. 8089. (a) Any agency receiving funds made 

4 available in this Act, shall, subject to subsections (b) and 

5 (c), post on the public Web site of that agency any report 

6 required to be submitted by the Congress in this or any 

7 other Act, upon the determination by the head of the agen8 cy that it shall serve the national interest. 

9 (b) Subsection (a) shall not apply to a report if— 

10 (1) the public posting of the report com11 promises national security; or 

12 (2) the report contains proprietary information. 

13 (c) The head of the agency posting such report shall 

14 do so only after such report has been made available to 

15 the requesting Committee or Committees of Congress for 

16 no less than 45 days. 

17 SEC. 8090. (a) None of the funds appropriated or 

18 otherwise made available by this Act may be expended for 

19 any Federal contract for an amount in excess of 

20 $1,000,000, unless the contractor agrees not to— 

21 (1) enter into any agreement with any of its 

22 employees or independent contractors that requires, 

23 as a condition of employment, that the employee or 

24 independent contractor agree to resolve through ar25 bitration any claim under title VII of the Civil 


pamtmann on DSKBC07HB2PROD with BILLS
100 

•HR 7617 RH

1 Rights Act of 1964 or any tort related to or arising 

2 out of sexual assault or harassment, including as3 sault and battery, intentional infliction of emotional 

4 distress, false imprisonment, or negligent hiring, su5 pervision, or retention; or 

6 (2) take any action to enforce any provision of 

7 an existing agreement with an employee or inde8 pendent contractor that mandates that the employee 

9 or independent contractor resolve through arbitra10 tion any claim under title VII of the Civil Rights Act 

11 of 1964 or any tort related to or arising out of sex12 ual assault or harassment, including assault and 

13 battery, intentional infliction of emotional distress, 

14 false imprisonment, or negligent hiring, supervision, 

15 or retention. 

16 (b) None of the funds appropriated or otherwise 

17 made available by this Act may be expended for any Fed18 eral contract unless the contractor certifies that it requires 

19 each covered subcontractor to agree not to enter into, and 

20 not to take any action to enforce any provision of, any 

21 agreement as described in paragraphs (1) and (2) of sub22 section (a), with respect to any employee or independent 

23 contractor performing work related to such subcontract. 

24 For purposes of this subsection, a ‘‘covered subconVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
101 

•HR 7617 RH

1 tractor’’ is an entity that has a subcontract in excess of 

2 $1,000,000 on a contract subject to subsection (a). 

3 (c) The prohibitions in this section do not apply with 

4 respect to a contractor’s or subcontractor’s agreements 

5 with employees or independent contractors that may not 

6 be enforced in a court of the United States. 

7 (d) The Secretary of Defense may waive the applica8 tion of subsection (a) or (b) to a particular contractor or 

9 subcontractor for the purposes of a particular contract or 

10 subcontract if the Secretary or the Deputy Secretary per11 sonally determines that the waiver is necessary to avoid 

12 harm to national security interests of the United States, 

13 and that the term of the contract or subcontract is not 

14 longer than necessary to avoid such harm. The determina15 tion shall set forth with specificity the grounds for the 

16 waiver and for the contract or subcontract term selected, 

17 and shall state any alternatives considered in lieu of a 

18 waiver and the reasons each such alternative would not 

19 avoid harm to national security interests of the United 

20 States. The Secretary of Defense shall transmit to Con21 gress, and simultaneously make public, any determination 

22 under this subsection not less than 15 business days be23 fore the contract or subcontract addressed in the deter24 mination may be awarded. 


pamtmann on DSKBC07HB2PROD with BILLS
102 

•HR 7617 RH

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8091. From within the funds appropriated for 

3 operation and maintenance for the Defense Health Pro4 gram in this Act, up to $137,000,000, shall be available 

5 for transfer to the Joint Department of Defense-Depart6 ment of Veterans Affairs Medical Facility Demonstration 

7 Fund in accordance with the provisions of section 1704 

8 of the National Defense Authorization Act for Fiscal Year 

9 2010, Public Law 111–84: Provided, That for purposes 

10 of section 1704(b), the facility operations funded are oper11 ations of the integrated Captain James A. Lovell Federal 

12 Health Care Center, consisting of the North Chicago Vet13 erans Affairs Medical Center, the Navy Ambulatory Care 

14 Center, and supporting facilities designated as a combined 

15 Federal medical facility as described by section 706 of 

16 Public Law 110–417: Provided further, That additional 

17 funds may be transferred from funds appropriated for op18 eration and maintenance for the Defense Health Program 

19 to the Joint Department of Defense-Department of Vet20 erans Affairs Medical Facility Demonstration Fund upon 

21 written notification by the Secretary of Defense to the 

22 Committees on Appropriations of the House of Represent23 atives and the Senate. 

24 SEC. 8092. None of the funds appropriated or other25 wise made available by this Act may be used by the DeVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
103 

•HR 7617 RH

1 partment of Defense or a component thereof in contraven2 tion of the provisions of section 130h of title 10, United 

3 States Code. 

4 SEC. 8093. Appropriations available to the Depart5 ment of Defense may be used for the purchase of heavy 

6 and light armored vehicles for the physical security of per7 sonnel or for force protection purposes up to a limit of 

8 $450,000 per vehicle, notwithstanding price or other limi9 tations applicable to the purchase of passenger carrying 

10 vehicles. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8094. Upon a determination by the Director of 

13 National Intelligence that such action is necessary and in 

14 the national interest, the Director may, with the approval 

15 of the Office of Management and Budget, transfer not to 

16 exceed $1,000,000,000 of the funds made available in this 

17 Act for the National Intelligence Program: Provided, That 

18 such authority to transfer may not be used unless for 

19 higher priority items, based on unforeseen intelligence re20 quirements, than those for which originally appropriated 

21 and in no case where the item for which funds are re22 quested has been denied by the Congress: Provided further, 

23 That a request for multiple reprogrammings of funds 

24 using authority provided in this section shall be made 

25 prior to June 30, 2021. 


pamtmann on DSKBC07HB2PROD with BILLS
104 

•HR 7617 RH

1 SEC. 8095. None of the funds made available by this 

2 Act may be used in contravention of the War Powers Res3 olution (50 U.S.C. 1541 et seq.). 

4 SEC. 8096. (a) None of the funds appropriated or 

5 otherwise made available by this or any other Act may 

6 be used by the Secretary of Defense, or any other official 

7 or officer of the Department of Defense, to enter into a 

8 contract, memorandum of understanding, or cooperative 

9 agreement with, or make a grant to, or provide a loan 

10 or loan guarantee to Rosoboronexport or any subsidiary 

11 of Rosoboronexport. 

12 (b) The Secretary of Defense may waive the limita13 tion in subsection (a) if the Secretary, in consultation with 

14 the Secretary of State and the Director of National Intel15 ligence, determines that it is in the vital national security 

16 interest of the United States to do so, and certifies in writ17 ing to the congressional defense committees that— 

18 (1) Rosoboronexport has ceased the transfer of 

19 lethal military equipment to, and the maintenance of 

20 existing lethal military equipment for, the Govern21 ment of the Syrian Arab Republic; 

22 (2) the armed forces of the Russian Federation 

23 have withdrawn from Crimea, other than armed 

24 forces present on military bases subject to agree25 ments in force between the Government of the RusVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
105 

•HR 7617 RH

1 sian Federation and the Government of Ukraine; 

2 and 

3 (3) agents of the Russian Federation have 

4 ceased taking active measures to destabilize the con5 trol of the Government of Ukraine over eastern 

6 Ukraine. 

7 (c) The Inspector General of the Department of De8 fense shall conduct a review of any action involving 

9 Rosoboronexport with respect to a waiver issued by the 

10 Secretary of Defense pursuant to subsection (b), and not 

11 later than 90 days after the date on which such a waiver 

12 is issued by the Secretary of Defense, the Inspector Gen13 eral shall submit to the congressional defense committees 

14 a report containing the results of the review conducted 

15 with respect to such waiver. 

16 SEC. 8097. None of the funds made available in this 

17 Act may be used for the purchase or manufacture of a 

18 flag of the United States unless such flags are treated as 

19 covered items under section 2533a(b) of title 10, United 

20 States Code. 

21 SEC. 8098. The Secretary of Defense shall post grant 

22 awards on a public website in a searchable format. 

23 SEC. 8099. The Secretary of each military depart24 ment, in reducing each research, development, test and 

25 evaluation and procurement account of the military deVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
106 

•HR 7617 RH

1 partment as required under paragraph (1) of section 

2 828(d) of the National Defense Authorization Act for Fis3 cal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), 

4 as amended by section 825(a)(3) of the National Defense 

5 Authorization Act for Fiscal Year 2018, shall allocate the 

6 percentage reduction determined under paragraph (2) of 

7 such section 828(d) proportionally from all programs, 

8 projects, or activities under such account: Provided, That 

9 the authority under section 804(d)(2) of the National De10 fense Authorization Act for Fiscal Year 2016 (Public Law 

11 114–92; 10 U.S.C. 2302 note) to transfer amounts avail12 able in the Rapid Prototyping Fund shall be subject to 

13 section 8005 or 9002 of this Act, as applicable. 

14 SEC. 8100. None of the funds made available by this 

15 Act may be used by the National Security Agency to— 

16 (1) conduct an acquisition pursuant to section 

17 702 of the Foreign Intelligence Surveillance Act of 

18 1978 for the purpose of targeting a United States 

19 person; or 

20 (2) acquire, monitor, or store the contents (as 

21 such term is defined in section 2510(8) of title 18, 

22 United States Code) of any electronic communica23 tion of a United States person from a provider of 

24 electronic communication services to the public purVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
107 

•HR 7617 RH

1 suant to section 501 of the Foreign Intelligence Sur2 veillance Act of 1978. 

3 SEC. 8101. None of the funds made available in this 

4 or any other Act may be used to pay the salary of any 

5 officer or employee of any agency funded by this Act who 

6 approves or implements the transfer of administrative re7 sponsibilities or budgetary resources of any program, 

8 project, or activity financed by this Act to the jurisdiction 

9 of another Federal agency not financed by this Act with10 out the express authorization of Congress: Provided, That 

11 this limitation shall not apply to transfers of funds ex12 pressly provided for in Defense Appropriations Acts, or 

13 provisions of Acts providing supplemental appropriations 

14 for the Department of Defense. 

15 SEC. 8102. Of the amounts appropriated in this Act 

16 for ‘‘Operation and Maintenance, Navy’’, $436,029,000, 

17 to remain available until expended, may be used for any 

18 purposes related to the National Defense Reserve Fleet 

19 established under section 11 of the Merchant Ship Sales 

20 Act of 1946 (46 U.S.C. 57100): Provided, That such 

21 amounts are available for reimbursements to the Ready 

22 Reserve Force, Maritime Administration account of the 

23 United States Department of Transportation for pro24 grams, projects, activities, and expenses related to the Na25 tional Defense Reserve Fleet. 


pamtmann on DSKBC07HB2PROD with BILLS
108 

•HR 7617 RH

1 SEC. 8103. None of the funds made available in this 

2 Act may be obligated for activities authorized under sec3 tion 1208 of the Ronald W. Reagan National Defense Au4 thorization Act for Fiscal Year 2005 (Public Law 112– 

5 81; 125 Stat. 1621) to initiate support for, or expand sup6 port to, foreign forces, irregular forces, groups, or individ7 uals unless the congressional defense committees are noti8 fied in accordance with the direction contained in the clas9 sified annex accompanying this Act, not less than 15 days 

10 before initiating such support: Provided, That none of the 

11 funds made available in this Act may be used under sec12 tion 1208 for any activity that is not in support of an 

13 ongoing military operation being conducted by United 

14 States Special Operations Forces to combat terrorism: 

15 Provided further, That the Secretary of Defense may waive 

16 the prohibitions in this section if the Secretary determines 

17 that such waiver is required by extraordinary cir18 cumstances and, by not later than 72 hours after making 

19 such waiver, notifies the congressional defense committees 

20 of such waiver. 

21 SEC. 8104. (a) None of the funds provided in this 

22 Act for the TAO Fleet Oiler program shall be used to 

23 award a new contract that provides for the acquisition of 

24 the following components unless those components are 

25 manufactured in the United States: Auxiliary equipment 


pamtmann on DSKBC07HB2PROD with BILLS
109 

•HR 7617 RH

1 (including pumps) for shipboard services; propulsion 

2 equipment (including engines, reduction gears, and propel3 lers); shipboard cranes; and spreaders for shipboard 

4 cranes. 

5 (b) None of the funds provided in this Act for the 

6 FFG(X) Frigate program shall be used to award a new 

7 contract that provides for the acquisition of the following 

8 components unless those components are manufactured in 

9 the United States: Air circuit breakers; gyrocompasses; 

10 electronic navigation chart systems; steering controls; 

11 pumps; propulsion and machinery control systems; totally 

12 enclosed lifeboats; auxiliary equipment pumps; shipboard 

13 cranes; auxiliary chill water systems; and propulsion pro14 pellers: Provided, That the Secretary of the Navy shall in15 corporate United States manufactured propulsion engines 

16 and propulsion reduction gears into the FFG(X) Frigate 

17 program beginning not later than with the eleventh ship 

18 of the program. 

19 SEC. 8105. No amounts credited or otherwise made 

20 available in this or any other Act to the Department of 

21 Defense Acquisition Workforce Development Account may 

22 be transferred to: 

23 (1) the Rapid Prototyping Fund established 

24 under section 804(d) of the National Defense AuVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
110 

•HR 7617 RH

1 thorization Act for Fiscal Year 2016 (10 U.S.C. 

2 2302 note); or 

3 (2) credited to a military-department specific 

4 fund established under section 804(d)(2) of the Na5 tional Defense Authorization Act for Fiscal Year 

6 2016 (as amended by section 897 of the National 

7 Defense Authorization Act for Fiscal Year 2017). 

8 SEC. 8106. None of the funds made available by this 

9 Act may be used for Government Travel Charge Card ex10 penses by military or civilian personnel of the Department 

11 of Defense for gaming, or for entertainment that includes 

12 topless or nude entertainers or participants, as prohibited 

13 by Department of Defense FMR, Volume 9, Chapter 3 

14 and Department of Defense Instruction 1015.10 (enclo15 sure 3, 14a and 14b). 

16 SEC. 8107. (a) None of the funds made available in 

17 this Act may be used to maintain or establish a computer 

18 network unless such network is designed to block access 

19 to pornography websites. 

20 (b) Nothing in subsection (a) shall limit the use of 

21 funds necessary for any Federal, State, tribal, or local law 

22 enforcement agency or any other entity carrying out crimi23 nal investigations, prosecution, or adjudication activities, 

24 or for any activity necessary for the national defense, in25 cluding intelligence activities. 


pamtmann on DSKBC07HB2PROD with BILLS
111 

•HR 7617 RH

1 SEC. 8108. None of the funds appropriated by this 

2 Act may be made available to deliver F–35 air vehicles 

3 or any other F–35 weapon system equipment to the Re4 public of Turkey, except in accordance with section 1245 

5 of the National Defense Authorization Act for Fiscal Year 

6 2020 (Public Law 116-92). 

7 SEC. 8109. Notwithstanding any other provision of 

8 law, any transfer of funds appropriated or otherwise made 

9 available by this Act to the Global Engagement Center es10 tablished by section 1287 of the National Defense Author11 ization Act for Fiscal Year 2017 (Public Law 114–328; 

12 22 U.S.C. 2656 note) shall be made in accordance with 

13 section 8005 or 9002 of this Act, as applicable. 

14 SEC. 8110. In addition to amounts provided else15 where in this Act, there is appropriated $270,000,000, for 

16 an additional amount for ‘‘Operation and Maintenance, 

17 Defense-Wide’’, to remain available until expended: Pro18 vided, That such funds shall only be available to the Sec19 retary of Defense, acting through the Office of Economic 

20 Adjustment of the Department of Defense, or for transfer 

21 to the Secretary of Education, notwithstanding any other 

22 provision of law, to make grants, conclude cooperative 

23 agreements, or supplement other Federal funds to con24 struct, renovate, repair, or expand elementary and sec25 ondary public schools on military installations in order to 


pamtmann on DSKBC07HB2PROD with BILLS
112 

•HR 7617 RH

1 address capacity or facility condition deficiencies at such 

2 schools: Provided further, That in making such funds 

3 available, the Office of Economic Adjustment or the Sec4 retary of Education shall give priority consideration to 

5 those military installations with schools having the most 

6 serious capacity or facility condition deficiencies as deter7 mined by the Secretary of Defense: Provided further, That 

8 as a condition of receiving funds under this section a local 

9 educational agency or State shall provide a matching share 

10 as described in the notice titled ‘‘Department of Defense 

11 Program for Construction, Renovation, Repair or Expan12 sion of Public Schools Located on Military Installations’’ 

13 published by the Department of Defense in the Federal 

14 Register on September 9, 2011 (76 Fed. Reg. 55883 et 

15 seq.): Provided further, That these provisions apply to 

16 funds provided under this section, and to funds previously 

17 provided by Congress to construct, renovate, repair, or ex18 pand elementary and secondary public schools on military 

19 installations in order to address capacity or facility condi20 tion deficiencies at such schools to the extent such funds 

21 remain unobligated on the date of enactment of this sec22 tion. 

23 SEC. 8111. In carrying out the program described in 

24 the memorandum on the subject of ‘‘Policy for Assisted 

25 Reproductive Services for the Benefit of Seriously or SeVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
113 

•HR 7617 RH

1 verely Ill/Injured (Category II or III) Active Duty Service 

2 Members’’ issued by the Assistant Secretary of Defense 

3 for Health Affairs on April 3, 2012, and the guidance 

4 issued to implement such memorandum, the Secretary of 

5 Defense shall apply such policy and guidance, except 

6 that— 

7 (1) the limitation on periods regarding embryo 

8 cryopreservation and storage set forth in part III(G) 

9 and in part IV(H) of such memorandum shall not 

10 apply; and 

11 (2) the term ‘‘assisted reproductive technology’’ 

12 shall include embryo cryopreservation and storage 

13 without limitation on the duration of such 

14 cryopreservation and storage. 

15 SEC. 8112. None of the funds provided for, or other16 wise made available, in this or any prior Act making ap17 propriations to the Department of Defense, may be obli18 gated or expended by the Secretary of Defense to provide 

19 motorized vehicles, aviation platforms, munitions other 

20 than small arms and munitions appropriate for customary 

21 ceremonial honors, operational military units, or oper22 ational military platforms if the Secretary determines that 

23 providing such units, platforms, or equipment would un24 dermine the readiness of such units, platforms, or equip25 ment. 


pamtmann on DSKBC07HB2PROD with BILLS
114 

•HR 7617 RH

1 SEC. 8113. The Secretary of Defense may obligate 

2 and expend funds made available under this Act for pro3 curement or for research, development, test and evaluation 

4 for the F–35 Joint Strike Fighter to modify up to six F– 

5 35 aircraft, including up to two F–35 aircraft of each vari6 ant, to a test configuration: Provided, That the Secretary 

7 of Defense shall, with the concurrence of the Secretary 

8 of the Air Force and the Secretary of the Navy, notify 

9 the congressional defense committees not fewer than 30 

10 days prior to obligating and expending funds under this 

11 section: Provided further, That any transfer of funds pur12 suant to the authority provided in this section shall be 

13 made in accordance with section 8005 or 9002 of this Act, 

14 as appropriate, if applicable: Provided further, That air15 craft referred to previously in this section are not addi16 tional to aircraft referred to in section 8135 of the Depart17 ment of Defense Appropriations Act, 2019 and section 

18 8126 of the Department of Defense Appropriations Act, 

19 2020. 

20 SEC. 8114. Amounts appropriated for ‘‘Defense 

21 Health Program’’ in this Act and hereafter may be obli22 gated to make death gratuity payments, as authorized in 

23 subchapter II of chapter 75 of title 10, United States 

24 Code, if no appropriation for ‘‘Military Personnel’’ is avail25 able for obligation for such payments: Provided, That such 


pamtmann on DSKBC07HB2PROD with BILLS
115 

•HR 7617 RH

1 obligations may subsequently be recorded against appro2 priations available for ‘‘Military Personnel’’. 

3 SEC. 8115. (a) None of the funds made available by 

4 this or any other Act may be used to enter into a contract, 

5 memorandum of understanding, or cooperative agreement 

6 with, make a grant to, or provide a loan or loan guarantee 

7 to any corporation that has any unpaid Federal tax liabil8 ity that has been assessed, for which all judicial and ad9 ministrative remedies have been exhausted or have lapsed, 

10 and that is not being paid in a timely manner pursuant 

11 to an agreement with the authority responsible for col12 lecting such tax liability, provided that the applicable Fed13 eral agency is aware of the unpaid Federal tax liability. 

14 (b) Subsection (a) shall not apply if the applicable 

15 Federal agency has considered suspension or debarment 

16 of the corporation described in such subsection and has 

17 made a determination that such suspension or debarment 

18 is not necessary to protect the interests of the Federal 

19 Government. 

20 SEC. 8116. During fiscal year 2021, any advance bill21 ing for background investigation services and related serv22 ices purchased from activities financed using Defense 

23 Working Capital Funds shall be excluded from the calcula24 tion of cumulative advance billings under section 

25 2208(l)(3) of title 10, United States Code. 


pamtmann on DSKBC07HB2PROD with BILLS
116 

•HR 7617 RH

1 SEC. 8117. None of the funds appropriated or other2 wise made available by this Act may be used to transfer 

3 the National Reconnaissance Office to the United States 

4 Space Force. 

5 SEC. 8118. None of the funds appropriated or other6 wise made available by this Act may be used to transfer 

7 any element of the Department of the Army, the Depart8 ment of the Navy, or a Defense Agency to the United 

9 States Space Force unless, not less than 60 days prior 

10 to initiating such transfer, the Secretary of Defense cer11 tifies in writing to the Committees on Appropriations of 

12 the House of Representatives and the Senate that such 

13 transfer is in the national security interest of the United 

14 States and will not have an adverse impact on the Depart15 ment or agency from which such element is being trans16 ferred: Provided, That such certification shall include a 

17 detailed description of the element and timeline for such 

18 transfer. 

19 SEC. 8119. Funds appropriated in titles I and IX of 

20 this Act under the heading ‘‘Military Personnel’’ may be 

21 used for expenses described therein for members of the 

22 United States Space Force on active duty: Provided, that 

23 amounts appropriated under such headings may be used 

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


pamtmann on DSKBC07HB2PROD with BILLS
117 

•HR 7617 RH

1 377, as amended (42 U.S.C. 402 note), and to the Depart2 ment of Defense Military Retirement Fund. 

3 SEC. 8120. Prior to the initial obligation of funds 

4 made available in titles II and IX of this Act for the De5 fense Security Cooperation Agency (DSCA), the Director 

6 of DSCA shall submit a spend plan by budget activity and 

7 sub-activity to the Committees on Appropriations of the 

8 House of Representatives and the Senate: Provided, That 

9 for funds planned for International Security Cooperation 

10 Programs, the Director shall, in coordination with the 

11 commanders of each geographic combatant command, in12 clude amounts planned for each combatant command and 

13 country, and a comparison to such amounts provided in 

14 the previous three fiscal years: Provided further, That 

15 amounts in such plan shall only reflect those amounts des16 ignated in the fiscal year 2021 budget justification mate17 rials and modified by the fiscal year 2021 appropriations 

18 adjustments in this Act and in the table in the report ac19 companying this Act: Provided further, That the Secretary 

20 of Defense shall notify such Committees in writing and 

21 not fewer than 15 days prior to obligating such funds for 

22 any proposed new projects or activities, or transfer of 

23 funds between budget sub-activity groups: Provided fur24 ther, That such plan shall be updated and submitted to 

25 such Committees upon notification of such funds to inVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
118 

•HR 7617 RH

1 clude a justification for any changes: Provided further, 

2 That a similar plan shall be provided to such Committees 

3 outlining funds requested for fiscal year 2022 with the 

4 submission of the fiscal year 2022 budget request. 

5 SEC. 8121. Notwithstanding any other provision of 

6 this Act, to reflect savings due to favorable foreign ex7 change rates, the total amount appropriated in this Act 

8 is hereby reduced by $436,000,000. 

9 SEC. 8122. Notwithstanding any other provision of 

10 this Act, to reflect savings due to lower than anticipated 

11 fuel costs, the total amount appropriated in this Act is 

12 hereby reduced by $1,000,000,000. 

13 SEC. 8123. None of the funds appropriated by this 

14 Act may be used to exclude, or implement the exclusion 

15 of, the Department of Defense, or any agency, activity, 

16 or subdivision thereof, from coverage under section 

17 7103(b)(1) or (2) of title 5, United States Code (com18 monly referred to as the ‘‘Federal Service Labor-Manage19 ment Relations Statute’’). 

20 SEC. 8124. Not later than 60 days after the date of 

21 enactment of this Act, the Secretary of Defense, in coordi22 nation with the Secretary of State, shall provide all rel23 evant information and documents to the appropriate judi24 cial authorities in El Salvador investigating the December 

25 1981 massacre in El Mozote: Provided, That not later 


pamtmann on DSKBC07HB2PROD with BILLS
119 

•HR 7617 RH

1 than 30 days following such action, the Secretary of De2 fense shall submit a report to the Committees on Appro3 priations of the House of Representatives and the Senate 

4 describing the information and documents provided and 

5 the authorities that received them. 

6 SEC. 8125. (a) Funds appropriated under title IV of 

7 this Act may be used for expenses for agile development, 

8 test and evaluation, procurement, production and modi9 fication, and the operation and maintenance for the fol10 lowing software pilot programs— 

11 (1) Space Command and Control 

12 (PE1203614SF); 

13 (2) Algorithmic Warfare Cross Functional 

14 Team (PE0308588D8Z); 

15 (3) Risk Management Information 

16 (PE0608013N); 

17 (4) Maritime Tactical Command Control 

18 (PE0608231N); 

19 (5) National Background Investigation 

20 Services (PE0608197V); 

21 (6) Global Command and Control System 

22 – Joint (PE0308150K); 

23 (7) Defensive Cyber Operations Army 

24 (PE0608041A); and 


pamtmann on DSKBC07HB2PROD with BILLS
120 

•HR 7617 RH

1 (8) Acquisition Visibility 

2 (PE0608648D8Z). 

3 (b) Not later than 30 days after the date of the enact4 ment of this Act, the Secretary of Defense shall submit 

5 to the Committees on Appropriations of the House of Rep6 resentatives and the Senate a plan for carrying out each 

7 pilot program specified in subsection (a), including goals 

8 and metrics for each program. 

9 (c) Following the submission of the plan under sub10 section (b), the Secretary of Defense shall provide to the 

11 Committees on Appropriations of the House of Represent12 atives and the Senate a quarterly report on the status of 

13 each pilot program specified in subsection (a). 

14 SEC. 8126. (a) Not later than 30 days after the date 

15 of the enactment of this Act, and quarterly thereafter, the 

16 Secretary of Defense shall submit to the congressional de17 fense committees a report that includes— 

18 (1) the number of members of the Armed 

19 Forces deployed by each geographic combatant 

20 command (other than United States Northern 

21 Command), set forth separately by each of the 

22 Armed Forces and whether regular, National 

23 Guard, or Reserve; 

24 (2) the number of Department of Defense 

25 civilian employees deployed by each geographic 


pamtmann on DSKBC07HB2PROD with BILLS
121 

•HR 7617 RH

1 combatant command (other than United States 

2 Northern Command); 

3 (3) the number of Department of Defense 

4 contractor employees deployed by each geo5 graphic combatant command (other than 

6 United States Northern Command); and 

7 (4) for each category of personnel de8 scribed in paragraphs (1) through (3), the 

9 country and named operation to which such 

10 personnel are assigned, if applicable; a descrip11 tion of the functions performed by such per12 sonnel; and a comparison of the number of per13 sonnel to the number of such personnel in re14 ports previously submitted under this section. 

15 (b) Each report under subsection (a) shall be sub16 mitted in unclassified form, but may include a classified 

17 annex. 

18 SEC. 8127. Not more than 15 days before deploying 

19 a security force assistance brigade of the United States 

20 Army to a friendly foreign country to conduct a program 

21 to provide training or equipment to the security forces of 

22 such country to build the capacity of such forces, the Sec23 retary of Defense shall submit to the congressional defense 

24 committees a notification that includes— 


pamtmann on DSKBC07HB2PROD with BILLS
122 

•HR 7617 RH

1 (1) an identification of the United States Army 

2 brigade, including the number of individuals to be 

3 deployed; 

4 (2) a description of any education and training 

5 provided to such brigade before deployment in order 

6 to conduct the program, including on the language, 

7 cultural, and the social dynamics of the friendly for8 eign country where the program would be conducted; 

9 (3) a description of the amount, type, and pur10 pose of the training or equipment to be provided 

11 under the program; 

12 (4) the authority under which the program is 

13 authorized, whether congressional notification (other 

14 than the notification required by this section) is re15 quired to conduct the program under such authority, 

16 and whether such notification has been made; 

17 (5) an identification of the foreign country in 

18 which the program would be conducted, the specific 

19 security forces whose capacity would be built under 

20 the program, and an evaluation of the ability of such 

21 forces to absorb the training and equipment to be 

22 provided under the program; 

23 (6) the cost, implementation timeline, and deliv24 ery schedule for the training and equipment to be 


pamtmann on DSKBC07HB2PROD with BILLS
123 

•HR 7617 RH

1 provided under the program, and the source of 

2 funds; 

3 (7) a description of any arrangements made for 

4 sustainment of the program; 

5 (8) information, including the amount, type, 

6 and purpose, of any prior assistance provided to the 

7 foreign country by any security force assistance bri8 gade of the United States Army; 

9 (9) information, including the amount, type, 

10 and purpose, on the security assistance provided to 

11 the foreign country during the current and prior fis12 cal year under other train and equip programs, and 

13 a description of how the training and equipment to 

14 be provided under the program fits into the overall 

15 objective of such programs; and 

16 (10) a description of whether training and 

17 equipment to be provided under the program could 

18 be provided pursuant to other train and equip au19 thorities. 

20 SEC. 8128. Of funds made available by section 8102 

21 of the Department of Defense Appropriations Act, 2014 

22 (division C of Public Law 113–76) that remain unobli23 gated as of the date of the enactment of this Act, up to 

24 $13,000,000 shall be available for grants, cooperative 

25 agreements, and to supplement other Federal funds for 


pamtmann on DSKBC07HB2PROD with BILLS
124 

•HR 7617 RH

1 the following authorized purposes: public healthcare pro2 fessionals and public health laboratory staff; laboratory 

3 and medical equipment; and medical supplies: Provided, 

4 That the Secretary of Defense shall, not less than 15 days 

5 prior to obligating funds made available for such purposes, 

6 notify the congressional defense committees in writing of 

7 the details of any such obligation. 

8 SEC. 8129. None of the funds provided in this Act 

9 for requirements development, performance specification 

10 development, concept design and development, ship con11 figuration development, systems engineering, naval archi12 tecture, marine engineering, operations research analysis, 

13 industry studies, preliminary design, development of the 

14 Detailed Design and Construction Request for Proposals 

15 solicitation package, or related activities for the AS(X) 

16 Submarine Tender, T-ARC(X) Cable Laying and Repair 

17 Ship, T-AGOS(X) Oceanographic Surveillance Ship, Light 

18 Amphibious Warship, Next Generation Medium Amphib19 ious Ship, or Next Generation Medium Logistics Ship may 

20 be used to award a new contract for such activities unless 

21 these contracts include specifications that all hull, me22 chanical, and electrical components are manufactured in 

23 the United States. 


pamtmann on DSKBC07HB2PROD with BILLS
125 

•HR 7617 RH

1 SEC. 8130. None of the funds made available by this 

2 Act may be obligated or expended for the purpose of de3 commissioning any Navy Littoral Combat Ships. 

4 SEC. 8131. (a) Not later than three days after a sig5 nificant deployment or redeployment of members of the 

6 Armed Forces to a location outside the United States, the 

7 Secretary of Defense shall submit to the congressional de8 fense committees a notification that includes— 

9 (1) the number of members of the Armed 

10 Forces deployed or redeployed; 

11 (2) the name of each unit deployed or re12 deployed; 

13 (3) the duration of the orders for the de14 ployment or redeployment; 

15 (4) the location of the deployment or rede16 ployment; 

17 (5) the purpose for the deployment or re18 deployment; 

19 (6) the estimated cost of the deployment or 

20 redeployment over such timeline; and 

21 (7) an explanation of how the Secretary in22 tends to pay the costs of such deployment or re23 deployment, including identification of the spe24 cific accounts that will be used to pay such 

25 costs for each fiscal year. 


pamtmann on DSKBC07HB2PROD with BILLS
126 

•HR 7617 RH

1 (b) Each notification under subsection (a) shall be 

2 submitted in unclassified form, but may include a classi3 fied annex. 

4 (c) Nothing in this section shall be construed to au5 thorize a deployment or redeployment. 

6 SEC. 8132. None of the funds made available by this 

7 Act may be obligated or expended in a manner that does 

8 not comply with the requirements of section 365 of H.R. 

9 7120, One Hundred Sixteenth Congress, as passed by the 

10 House of Representatives on June 25, 2020. 

11 SEC. 8133. None of the funds made available by this 

12 Act or any prior Department of Defense Appropriations 

13 Acts may be used to conduct, or make specific prepara14 tions for, any explosive nuclear weapons test that produces 

15 any yield. 

16 SEC. 8134. None of the funds appropriated or other17 wise made available by this Act or any prior Department 

18 of Defense Appropriations Acts may be used to construct 

19 a wall, fence, border barriers, or border security infra20 structure along the southern land border of the United 

21 States: Provided, That none of the funds appropriated or 

22 otherwise made available under the heading ‘‘Drug Inter23 diction and Counter-drug Activities, Defense’’ in title VI 

24 of this Act may be used for the construction of fences purVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
127 

•HR 7617 RH

1 suant to subsection (b)(7) of section 284 of title 10, 

2 United States Code. 

3 SEC. 8135. Notwithstanding any other provision of 

4 law, funds made available to the Department of Defense 

5 for fiscal year 2020 that were transferred by such Depart6 ment on February 13, 2020, and remain unobligated as 

7 of the date of the enactment of this Act shall be returned 

8 to the original account or accounts and may not be used 

9 for any purpose other than the original purposes for which 

10 they were appropriated by the Department of Defense Ap11 propriations Act, 2020 (division A of Public Law 116–93), 

12 notwithstanding the transfer authority provided by section 

13 8005 of such Act. 

14 SEC. 8136. None of the funds made available by this 

15 Act may be used for members of the Armed Forces serving 

16 on active duty in support of security or immigration en17 forcement operations at the southern border unless the 

18 agency requesting such support enters into an agreement 

19 with the Secretary of Defense to reimburse the Depart20 ment of Defense for all costs incurred by the Department 

21 to provide such services. 

22 SEC. 8137. Of the amounts appropriated in this Act 

23 under the heading ‘‘Operation and Maintenance, Defense24 Wide’’, $50,000,000, to remain available until September 

25 30, 2022: Provided, That such funds shall only be availVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
128 

•HR 7617 RH

1 able to the Secretary of Defense, acting through the Office 

2 of Economic Adjustment of the Department of Defense, 

3 to make grants to communities impacted by military avia4 tion noise for the purpose of installing noise mitigating 

5 insulation at covered facilities: Provided further, That, to 

6 be eligible to receive a grant under the program, a commu7 nity must enter into an agreement with the Secretary 

8 under which the community prioritizes the use of funds 

9 for the installation of noise mitigation at covered facilities 

10 in the community: Provided further, That, in carrying out 

11 the program, the Secretary of Defense shall coordinate 

12 and minimize duplication of efforts with the noise mitiga13 tion program established under part 150 of title 14, Code 

14 of Federal Regulations: Provided further, That, in this sec15 tion, the term ‘‘covered facilities’’ means hospitals, 

16 daycare facilities, schools, facilities serving senior citizens, 

17 and private residences that are located within one mile of 

18 a military installation or another location at which mili19 tary aircraft are stationed or are located in an area im20 pacted by excessive military aviation noise, as determined 

21 by the Department of Defense’s noise monitoring pro22 grams. 

23 SEC. 8138. None of the funds appropriated or other24 wise made available by this Act or any prior Department 

25 of Defense Appropriations Acts may be used to provide 


pamtmann on DSKBC07HB2PROD with BILLS
129 

•HR 7617 RH

1 guidance on, review, prepare, approve, or recommend 

2 budget request funding levels or initiatives for the Depart3 ment of Energy. 

4 SEC. 8139. Of the funds appropriated in this Act 

5 under the heading ‘‘Operation and Maintenance, Army’’, 

6 $1,000,000 shall be made available for expenses for the 

7 renaming of Army installations, facilities, roads, and 

8 streets named after confederate leaders and officers. 

9 TITLE IX 

10 OVERSEAS CONTINGENCY OPERATIONS 

11 MILITARY PERSONNEL 

12 MILITARY PERSONNEL, ARMY

13 For an additional amount for ‘‘Military Personnel, 

14 Army’’, $2,748,033,000: Provided, That such amount is 

15 designated by the Congress for Overseas Contingency Op16 erations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 MILITARY PERSONNEL, NAVY

20 For an additional amount for ‘‘Military Personnel, 

21 Navy’’, $382,286,000: Provided, That such amount is des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


pamtmann on DSKBC07HB2PROD with BILLS
130 

•HR 7617 RH

1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $129,943,000: Provided, That such 

4 amount is designated by the Congress for Overseas Con5 tingency Operations/Global War on Terrorism pursuant to 

6 section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 MILITARY PERSONNEL, AIR FORCE

9 For an additional amount for ‘‘Military Personnel, 

10 Air Force’’, $1,077,168,000: Provided, That such amount 

11 is designated by the Congress for Overseas Contingency 

12 Operations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, ARMY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Army’’, $33,414,000: Provided, That such amount is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 RESERVE PERSONNEL, NAVY

23 For an additional amount for ‘‘Reserve Personnel, 

24 Navy’’, $11,771,000: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency OperVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
131 

•HR 7617 RH

1 ations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Reserve Personnel, 

6 Marine Corps’’, $2,048,000: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency 

8 Operations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 RESERVE PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘Reserve Personnel, 

13 Air Force’’, $16,816,000: Provided, That such amount is 

14 designated by the Congress for Overseas Contingency Op15 erations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 NATIONAL GUARD PERSONNEL, ARMY

19 For an additional amount for ‘‘National Guard Per20 sonnel, Army’’, $195,314,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

23 section 251(b)(2)(A)(ii) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 


pamtmann on DSKBC07HB2PROD with BILLS
132 

•HR 7617 RH

1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘National Guard Per3 sonnel, Air Force’’, $5,800,000: Provided, That such 

4 amount is designated by the Congress for Overseas Con5 tingency Operations/Global War on Terrorism pursuant to 

6 section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE 

9 OPERATION AND MAINTENANCE, ARMY

10 For an additional amount for ‘‘Operation and Main11 tenance, Army’’, $16,530,754,000: Provided, That such 

12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 

14 section 251(b)(2)(A)(ii) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, NAVY

17 For an additional amount for ‘‘Operation and Main18 tenance, Navy’’, $10,942,741,000: Provided, That such 

19 amount is designated by the Congress for Overseas Con20 tingency Operations/Global War on Terrorism pursuant to 

21 section 251(b)(2)(A)(ii) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, MARINE CORPS

24 For an additional amount for ‘‘Operation and Main25 tenance, Marine Corps’’, $1,145,600,000: Provided, That 


pamtmann on DSKBC07HB2PROD with BILLS
133 

•HR 7617 RH

1 such amount is designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, AIR FORCE

6 For an additional amount for ‘‘Operation and Main7 tenance, Air Force’’, $18,861,862,000: Provided, That 

8 such amount is designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 OPERATION AND MAINTENANCE, SPACE FORCE

13 For an additional amount for ‘‘Operation and Main14 tenance, Space Force’’, $77,115,000: Provided, That such 

15 amount is designated by the Congress for Overseas Con16 tingency Operations/Global War on Terrorism pursuant to 

17 section 251(b)(2)(A)(ii) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 OPERATION AND MAINTENANCE, DEFENSE-WIDE

20 For an additional amount for ‘‘Operation and Main21 tenance, Defense-Wide’’, $6,169,693,000: Provided, That 

22 of the funds provided under this heading, not to exceed 

23 $180,000,000, to remain available until September 30, 

24 2022, shall be for payments to reimburse key cooperating 

25 nations for logistical, military, and other support, includVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
134 

•HR 7617 RH

1 ing access, provided to United States military and stability 

2 operations in Afghanistan and to counter the Islamic 

3 State of Iraq and Syria: Provided further, That such reim4 bursement payments may be made in such amounts as the 

5 Secretary of Defense, with the concurrence of the Sec6 retary of State, and in consultation with the Director of 

7 the Office of Management and Budget, may determine, 

8 based on documentation determined by the Secretary of 

9 Defense to adequately account for the support provided, 

10 and such determination is final and conclusive upon the 

11 accounting officers of the United States, and 15 days fol12 lowing written notification to the appropriate congres13 sional committees: Provided further, That these funds may 

14 be used for the purpose of providing specialized training 

15 and procuring supplies and specialized equipment and pro16 viding such supplies and loaning such equipment on a non17 reimbursable basis to coalition forces supporting United 

18 States military and stability operations in Afghanistan 

19 and to counter the Islamic State of Iraq and Syria, and 

20 15 days following written notification to the appropriate 

21 congressional committees: Provided further, That these 

22 funds may be used to support the Government of Jordan 

23 in such amounts as the Secretary of Defense may deter24 mine, to enhance the ability of the armed forces of Jordan 

25 to increase or sustain security along its borders, upon 15 


pamtmann on DSKBC07HB2PROD with BILLS
135 

•HR 7617 RH

1 days prior written notification to the congressional defense 

2 committees outlining the amounts intended to be provided 

3 and the nature of the expenses incurred: Provided further, 

4 That of the funds provided under this heading, not to ex5 ceed $1,206,296,000, to remain available until September 

6 30, 2022, shall be available to provide support and assist7 ance to foreign security forces or other groups or individ8 uals to conduct, support or facilitate counterterrorism, cri9 sis response, or other Department of Defense security co10 operation programs, of which not less than $130,000,000 

11 shall be available for International Security Cooperation 

12 Programs with countries in the United States Africa Com13 mand area of responsibility: Provided further, That the 

14 Secretary of Defense shall notify the congressional defense 

15 committees in writing and not fewer than 15 days prior 

16 to obligating funds for International Security Cooperation 

17 Programs: Provided further, That these funds may be used 

18 in such amounts as the Secretary of Defense may deter19 mine to enhance the border security of nations adjacent 

20 to conflict areas including Jordan, Lebanon, Egypt, and 

21 Tunisia resulting from actions of the Islamic State of Iraq 

22 and Syria: Provided further, That the Secretary of Defense 

23 shall provide quarterly reports to the Committees on Ap24 propriations of the House of Representatives and the Sen25 ate on the use and status of funds provided under this 


pamtmann on DSKBC07HB2PROD with BILLS
136 

•HR 7617 RH

1 heading: Provided further, That such amount is designated 

2 by the Congress for Overseas Contingency Operations/ 

3 Global War on Terrorism pursuant to section 

4 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

6 OPERATION AND MAINTENANCE, ARMY RESERVE

7 For an additional amount for ‘‘Operation and Main8 tenance, Army Reserve’’, $33,399,000: Provided, That 

9 such amount is designated by the Congress for Overseas 

10 Contingency Operations/Global War on Terrorism pursu11 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

12 and Emergency Deficit Control Act of 1985. 

13 OPERATION AND MAINTENANCE, NAVY RESERVE

14 For an additional amount for ‘‘Operation and Main15 tenance, Navy Reserve’’, $21,492,000: Provided, That 

16 such amount is designated by the Congress for Overseas 

17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

19 and Emergency Deficit Control Act of 1985. 

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 RESERVE

22 For an additional amount for ‘‘Operation and Main23 tenance, Marine Corps Reserve’’, $8,707,000: Provided, 

24 That such amount is designated by the Congress for Over25 seas Contingency Operations/Global War on Terrorism 


pamtmann on DSKBC07HB2PROD with BILLS
137 

•HR 7617 RH

1 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Air Force Reserve’’, $30,090,000: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 OPERATION AND MAINTENANCE, ARMY NATIONAL

11 GUARD

12 For an additional amount for ‘‘Operation and Main13 tenance, Army National Guard’’, $79,792,000: Provided, 

14 That such amount is designated by the Congress for Over15 seas Contingency Operations/Global War on Terrorism 

16 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For an additional amount for ‘‘Operation and Main20 tenance, Air National Guard’’, $175,642,000: Provided, 

21 That such amount is designated by the Congress for Over22 seas Contingency Operations/Global War on Terrorism 

23 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 


pamtmann on DSKBC07HB2PROD with BILLS
138 

•HR 7617 RH

1 AFGHANISTAN SECURITY FORCES FUND

2 For the ‘‘Afghanistan Security Forces Fund’’, 

3 $3,047,612,000, to remain available until September 30, 

4 2022: Provided, That such funds shall be available to the 

5 Secretary of Defense for the purpose of allowing the Com6 mander, Combined Security Transition Command—Af7 ghanistan, or the Secretary’s designee, to provide assist8 ance, with the concurrence of the Secretary of State, to 

9 the security forces of Afghanistan, including the provision 

10 of equipment, supplies, services, training, facility and in11 frastructure repair, renovation, construction, and funding: 

12 Provided further, That the Secretary of Defense may obli13 gate and expend funds made available to the Department 

14 of Defense in this title for additional costs associated with 

15 existing projects previously funded with amounts provided 

16 under the heading ‘‘Afghanistan Infrastructure Fund’’ in 

17 prior Acts: Provided further, That such costs shall be lim18 ited to contract changes resulting from inflation, market 

19 fluctuation, rate adjustments, and other necessary con20 tract actions to complete existing projects, and associated 

21 supervision and administration costs and costs for design 

22 during construction: Provided further, That the Secretary 

23 may not use more than $50,000,000 under the authority 

24 provided in this section: Provided further, That the Sec25 retary shall notify in advance such contract changes and 


pamtmann on DSKBC07HB2PROD with BILLS
139 

•HR 7617 RH

1 adjustments in annual reports to the congressional defense 

2 committees: Provided further, That the authority to pro3 vide assistance under this heading is in addition to any 

4 other authority to provide assistance to foreign nations: 

5 Provided further, That contributions of funds for the pur6 poses provided herein from any person, foreign govern7 ment, or international organization may be credited to this 

8 Fund, to remain available until expended, and used for 

9 such purposes: Provided further, That the Secretary of De10 fense shall notify the congressional defense committees in 

11 writing upon the receipt and upon the obligation of any 

12 contribution, delineating the sources and amounts of the 

13 funds received and the specific use of such contributions: 

14 Provided further, That the Secretary of Defense shall, not 

15 fewer than 15 days prior to obligating from this appro16 priation account, notify the congressional defense commit17 tees in writing of the details of any such obligation: Pro18 vided further, That the Secretary of Defense shall notify 

19 the congressional defense committees in writing and not 

20 fewer than 15 days prior to obligating funds for any pro21 posed new projects or activities, or transfer of funds be22 tween budget sub-activity groups in excess of 

23 $10,000,000: Provided further, That the United States 

24 may accept equipment procured using funds provided 

25 under this heading in this or prior Acts that was transVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
140 

•HR 7617 RH

1 ferred to the security forces of Afghanistan and returned 

2 by such forces to the United States: Provided further, That 

3 equipment procured using funds provided under this head4 ing in this or prior Acts, and not yet transferred to the 

5 security forces of Afghanistan or transferred to the secu6 rity forces of Afghanistan and returned by such forces to 

7 the United States, may be treated as stocks of the Depart8 ment of Defense upon written notification to the congres9 sional defense committees: Provided further, That of the 

10 funds provided under this heading, not less than 

11 $20,000,000 shall be for recruitment and retention of 

12 women in the Afghanistan National Security Forces, and 

13 the recruitment and training of female security personnel: 

14 Provided further, That funds appropriated under this 

15 heading and made available for the salaries and benefits 

16 of personnel of the Afghanistan Security Forces may only 

17 be used for personnel who are enrolled in the Afghanistan 

18 Personnel and Pay System: Provided further, That funds 

19 appropriated under this heading for the Afghanistan Secu20 rity Forces may only be obligated if the Secretary of De21 fense, in consultation with the Secretary of State, certifies 

22 in writing to the congressional defense committees that 

23 such forces are controlled by a civilian, representative gov24 ernment that is protecting human rights and women’s 

25 rights and preventing terrorists and terrorist groups from 


pamtmann on DSKBC07HB2PROD with BILLS
141 

•HR 7617 RH

1 using the territory of Afghanistan to threaten the security 

2 of the United States and United States allies: Provided 

3 further, That such amount is designated by the Congress 

4 for Overseas Contingency Operations/Global War on Ter5 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal6 anced Budget and Emergency Deficit Control Act of 1985. 

7 COUNTER-ISIS TRAIN AND EQUIP FUND

8 For the ‘‘Counter-Islamic State of Iraq and Syria 

9 Train and Equip Fund’’, $700,000,000, to remain avail10 able until September 30, 2022: Provided, That such funds 

11 shall be available to the Secretary of Defense in coordina12 tion with the Secretary of State, to provide assistance, in13 cluding training; equipment; logistics support, supplies, 

14 and services; stipends; infrastructure repair and renova15 tion; construction for facility fortification and humane 

16 treatment; and sustainment, to foreign security forces, ir17 regular forces, groups, or individuals participating, or pre18 paring to participate in activities to counter the Islamic 

19 State of Iraq and Syria, and their affiliated or associated 

20 groups: Provided further, That amounts made available 

21 under this heading shall be available to provide assistance 

22 only for activities in a country designated by the Secretary 

23 of Defense, in coordination with the Secretary of State, 

24 as having a security mission to counter the Islamic State 

25 of Iraq and Syria, and following written notification to the 


pamtmann on DSKBC07HB2PROD with BILLS
142 

•HR 7617 RH

1 congressional defense committees of such designation: 

2 Provided further, That the Secretary of Defense shall en3 sure that prior to providing assistance to elements of any 

4 forces or individuals, such elements or individuals are ap5 propriately vetted, including at a minimum, assessing such 

6 elements for associations with terrorist groups or groups 

7 associated with the Government of Iran; and receiving 

8 commitments from such elements to promote respect for 

9 human rights and the rule of law: Provided further, That 

10 the Secretary of Defense shall, not fewer than 15 days 

11 prior to obligating from this appropriation account, notify 

12 the congressional defense committees in writing of the de13 tails of any such obligation: Provided further, That the 

14 Secretary of Defense may accept and retain contributions, 

15 including assistance in-kind, from foreign governments, 

16 including the Government of Iraq and other entities, to 

17 carry out assistance authorized under this heading: Pro18 vided further, That contributions of funds for the purposes 

19 provided herein from any foreign government or other en20 tity may be credited to this Fund, to remain available until 

21 expended, and used for such purposes: Provided further, 

22 That the Secretary of Defense shall prioritize such con23 tributions when providing any assistance for construction 

24 for facility fortification: Provided further, That the Sec25 retary of Defense may waive a provision of law relating 


pamtmann on DSKBC07HB2PROD with BILLS
143 

•HR 7617 RH

1 to the acquisition of items and support services or sections 

2 40 and 40A of the Arms Export Control Act (22 U.S.C. 

3 2780 and 2785) if the Secretary determines that such pro4 vision of law would prohibit, restrict, delay or otherwise 

5 limit the provision of such assistance and a notice of and 

6 justification for such waiver is submitted to the congres7 sional defense committees, the Committees on Appropria8 tions and Foreign Relations of the Senate and the Com9 mittees on Appropriations and Foreign Affairs of the 

10 House of Representatives: Provided further, That the 

11 United States may accept equipment procured using funds 

12 provided under this heading, or under the heading, ‘‘Iraq 

13 Train and Equip Fund’’ in prior Acts, that was trans14 ferred to security forces, irregular forces, or groups par15 ticipating, or preparing to participate in activities to 

16 counter the Islamic State of Iraq and Syria and returned 

17 by such forces or groups to the United States, and such 

18 equipment may be treated as stocks of the Department 

19 of Defense upon written notification to the congressional 

20 defense committees: Provided further, That equipment 

21 procured using funds provided under this heading, or 

22 under the heading, ‘‘Iraq Train and Equip Fund’’ in prior 

23 Acts, and not yet transferred to security forces, irregular 

24 forces, or groups participating, or preparing to participate 

25 in activities to counter the Islamic State of Iraq and Syria 


pamtmann on DSKBC07HB2PROD with BILLS
144 

•HR 7617 RH

1 may be treated as stocks of the Department of Defense 

2 when determined by the Secretary to no longer be required 

3 for transfer to such forces or groups and upon written 

4 notification to the congressional defense committees: Pro5 vided further, That the Secretary of Defense shall provide 

6 quarterly reports to the congressional defense committees 

7 on the use of funds provided under this heading, including, 

8 but not limited to, the number of individuals trained, the 

9 nature and scope of support and sustainment provided to 

10 each group or individual, the area of operations for each 

11 group, and the contributions of other countries, groups, 

12 or individuals: Provided further, That such amount is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 PROCUREMENT 

18 AIRCRAFT PROCUREMENT, ARMY

19 For an additional amount for ‘‘Aircraft Procurement, 

20 Army’’, $595,112,000, to remain available until Sep21 tember 30, 2023: Provided, That such amount is des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


pamtmann on DSKBC07HB2PROD with BILLS
145 

•HR 7617 RH

1 MISSILE PROCUREMENT, ARMY

2 For an additional amount for ‘‘Missile Procurement, 

3 Army’’, $865,992,000, to remain available until Sep4 tember 30, 2023: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

10 VEHICLES, ARMY

11 For an additional amount for ‘‘Procurement of Weap12 ons and Tracked Combat Vehicles, Army’’, $15,225,000, 

13 to remain available until September 30, 2023: Provided, 

14 That such amount is designated by the Congress for Over15 seas Contingency Operations/Global War on Terrorism 

16 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 PROCUREMENT OF AMMUNITION, ARMY

19 For an additional amount for ‘‘Procurement of Am20 munition, Army’’, $110,668,000, to remain available until 

21 September 30, 2023: Provided, That such amount is des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


pamtmann on DSKBC07HB2PROD with BILLS
146 

•HR 7617 RH

1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

3 Army’’, $875,666,000, to remain available until Sep4 tember 30, 2023: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 AIRCRAFT PROCUREMENT, NAVY

10 For an additional amount for ‘‘Aircraft Procurement, 

11 Navy’’, $33,241,000, to remain available until September 

12 30, 2023: Provided, That such amount is designated by 

13 the Congress for Overseas Contingency Operations/Global 

14 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

15 the Balanced Budget and Emergency Deficit Control Act 

16 of 1985. 

17 WEAPONS PROCUREMENT, NAVY

18 For an additional amount for ‘‘Weapons Procure19 ment, Navy’’, $5,572,000, to remain available until Sep20 tember 30, 2023: Provided, That such amount is des21 ignated by the Congress for Overseas Contingency Oper22 ations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


pamtmann on DSKBC07HB2PROD with BILLS
147 

•HR 7617 RH

1 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

2 CORPS

3 For an additional amount for ‘‘Procurement of Am4 munition, Navy and Marine Corps’’, $77,424,000, to re5 main available until September 30, 2023: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 OTHER PROCUREMENT, NAVY

11 For an additional amount for ‘‘Other Procurement, 

12 Navy’’, $341,612,000, to remain available until September 

13 30, 2023: Provided, That such amount is designated by 

14 the Congress for Overseas Contingency Operations/Global 

15 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

16 the Balanced Budget and Emergency Deficit Control Act 

17 of 1985. 

18 PROCUREMENT, MARINE CORPS

19 For an additional amount for ‘‘Procurement, Marine 

20 Corps’’, $47,963,000, to remain available until September 

21 30, 2023: Provided, That such amount is designated by 

22 the Congress for Overseas Contingency Operations/Global 

23 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

24 the Balanced Budget and Emergency Deficit Control Act 

25 of 1985. 


pamtmann on DSKBC07HB2PROD with BILLS
148 

•HR 7617 RH

1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Air Force’’, $787,665,000, to remain available until Sep4 tember 30, 2023: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 MISSILE PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Missile Procurement, 

11 Air Force’’, $223,772,000, to remain available until Sep12 tember 30, 2023: Provided, That such amount is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 PROCUREMENT OF AMMUNITION, AIR FORCE

18 For an additional amount for ‘‘Procurement of Am19 munition, Air Force’’, $802,455,000, to remain available 

20 until September 30, 2023: Provided, That such amount 

21 is designated by the Congress for Overseas Contingency 

22 Operations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


pamtmann on DSKBC07HB2PROD with BILLS
149 

•HR 7617 RH

1 OTHER PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Other Procurement, 

3 Air Force’’, $355,339,000, to remain available until Sep4 tember 30, 2023: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 PROCUREMENT, DEFENSE-WIDE

10 For an additional amount for ‘‘Procurement, De11 fense-Wide’’, $335,837,000, to remain available until Sep12 tember 30, 2023: Provided, That such amount is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

18 For procurement of rotary-wing aircraft; combat, tac19 tical and support vehicles; other weapons; and other pro20 curement items for the reserve components of the Armed 

21 Forces, $1,000,000,000, to remain available for obligation 

22 until September 30, 2023: Provided, That the Chiefs of 

23 National Guard and Reserve components shall, not later 

24 than 30 days after enactment of this Act, individually sub25 mit to the congressional defense committees the modVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
150 

•HR 7617 RH

1 ernization priority assessment for their respective Na2 tional Guard or Reserve component: Provided further, 

3 That none of the funds made available by this paragraph 

4 may be used to procure manned fixed wing aircraft, or 

5 procure or modify missiles, munitions, or ammunition: 

6 Provided further, That such amount is designated by the 

7 Congress for Overseas Contingency Operations/Global 

8 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 RESEARCH, DEVELOPMENT, TEST AND 

12 EVALUATION 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 ARMY

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Army’’, $175,824,000, to re17 main available until September 30, 2022: Provided, That 

18 such amount is designated by the Congress for Overseas 

19 Contingency Operations/Global War on Terrorism pursu20 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

21 and Emergency Deficit Control Act of 1985. 

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 NAVY

24 For an additional amount for ‘‘Research, Develop25 ment, Test and Evaluation, Navy’’, $59,562,000, to reVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
151 

•HR 7617 RH

1 main available until September 30, 2022: Provided, That 

2 such amount is designated by the Congress for Overseas 

3 Contingency Operations/Global War on Terrorism pursu4 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

5 and Emergency Deficit Control Act of 1985. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 AIR FORCE

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Air Force’’, $5,304,000, to re10 main available until September 30, 2022: Provided, That 

11 such amount is designated by the Congress for Overseas 

12 Contingency Operations/Global War on Terrorism pursu13 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

14 and Emergency Deficit Control Act of 1985. 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 DEFENSE-WIDE

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Defense-Wide’’, $80,818,000, 

19 to remain available until September 30, 2022: Provided, 

20 That such amount is designated by the Congress for Over21 seas Contingency Operations/Global War on Terrorism 

22 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

23 Budget and Emergency Deficit Control Act of 1985. 


pamtmann on DSKBC07HB2PROD with BILLS
152 

•HR 7617 RH

1 REVOLVING AND MANAGEMENT FUNDS 

2 DEFENSE WORKING CAPITAL FUNDS

3 For an additional amount for ‘‘Defense Working 

4 Capital Funds’’, $20,090,000: Provided, That such 

5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to 

7 section 251(b)(2)(A)(ii) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

10 DEFENSE HEALTH PROGRAM

11 For an additional amount for ‘‘Defense Health Pro12 gram’’, $365,098,000, which shall be for operation and 

13 maintenance: Provided, That such amount is designated 

14 by the Congress for Overseas Contingency Operations/ 

15 Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 OFFICE OF THE INSPECTOR GENERAL

19 For an additional amount for the ‘‘Office of the In20 spector General’’, $24,069,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

23 section 251(b)(2)(A)(ii) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 


pamtmann on DSKBC07HB2PROD with BILLS
153 

•HR 7617 RH

1 GENERAL PROVISIONS—THIS TITLE 

2 SEC. 9001. Notwithstanding any other provision of 

3 law, funds made available in this title are in addition to 

4 amounts appropriated or otherwise made available for the 

5 Department of Defense for fiscal year 2021. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 9002. Upon the determination of the Secretary 

8 of Defense that such action is necessary in the national 

9 interest, the Secretary may, with the approval of the Of10 fice of Management and Budget, transfer up to 

11 $900,000,000 between the appropriations or funds made 

12 available to the Department of Defense in this title: Pro13 vided, That the Secretary shall notify the Congress 

14 promptly of each transfer made pursuant to the authority 

15 in this section: Provided further, That the authority pro16 vided in this section is in addition to any other transfer 

17 authority available to the Department of Defense and is 

18 subject to the same terms and conditions as the authority 

19 provided in section 8005 of this Act. 

20 SEC. 9003. Supervision and administration costs and 

21 costs for design during construction associated with a con22 struction project funded with appropriations available for 

23 operation and maintenance or the ‘‘Afghanistan Security 

24 Forces Fund’’ provided in this Act and executed in direct 

25 support of overseas contingency operations in AfghaniVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
154 

•HR 7617 RH

1 stan, may be obligated at the time a construction contract 

2 is awarded: Provided, That, for the purpose of this section, 

3 supervision and administration costs and costs for design 

4 during construction include all in-house Government costs. 

5 SEC. 9004. From funds made available in this title, 

6 the Secretary of Defense may purchase for use by military 

7 and civilian employees of the Department of Defense in 

8 the United States Central Command area of responsi9 bility: (1) passenger motor vehicles up to a limit of 

10 $75,000 per vehicle; and (2) heavy and light armored vehi11 cles for the physical security of personnel or for force pro12 tection purposes up to a limit of $450,000 per vehicle, not13 withstanding price or other limitations applicable to the 

14 purchase of passenger carrying vehicles. 

15 SEC. 9005. Not to exceed $2,000,000 of the amounts 

16 appropriated by this title under the heading ‘‘Operation 

17 and Maintenance, Army’’ may be used, notwithstanding 

18 any other provision of law, to fund the Commanders’ 

19 Emergency Response Program (CERP), for the purpose 

20 of enabling military commanders in Afghanistan to re21 spond to urgent, small-scale, humanitarian relief and re22 construction requirements within their areas of responsi23 bility: Provided, That each project (including any ancillary 

24 or related elements in connection with such project) exe25 cuted under this authority shall not exceed $1,000,000: 


pamtmann on DSKBC07HB2PROD with BILLS
155 

•HR 7617 RH

1 Provided further, That not later than 45 days after the 

2 end of each 6 months of the fiscal year, the Secretary of 

3 Defense shall submit to the congressional defense commit4 tees a report regarding the source of funds and the alloca5 tion and use of funds during that 6-month period that 

6 were made available pursuant to the authority provided 

7 in this section or under any other provision of law for the 

8 purposes described herein: Provided further, That, not 

9 later than 30 days after the end of each fiscal year quar10 ter, the Army shall submit to the congressional defense 

11 committees quarterly commitment, obligation, and expend12 iture data for the CERP in Afghanistan: Provided further, 

13 That, not less than 15 days before making funds available 

14 pursuant to the authority provided in this section or under 

15 any other provision of law for the purposes described here16 in for a project with a total anticipated cost for completion 

17 of $500,000 or more, the Secretary shall submit to the 

18 congressional defense committees a written notice con19 taining each of the following: 

20 (1) The location, nature and purpose of the 

21 proposed project, including how the project is in22 tended to advance the military campaign plan for 

23 the country in which it is to be carried out. 

24 (2) The budget, implementation timeline with 

25 milestones, and completion date for the proposed 


pamtmann on DSKBC07HB2PROD with BILLS
156 

•HR 7617 RH

1 project, including any other CERP funding that has 

2 been or is anticipated to be contributed to the com3 pletion of the project. 

4 (3) A plan for the sustainment of the proposed 

5 project, including the agreement with either the host 

6 nation, a non-Department of Defense agency of the 

7 United States Government or a third-party contrib8 utor to finance the sustainment of the activities and 

9 maintenance of any equipment or facilities to be pro10 vided through the proposed project. 

11 SEC. 9006. Funds available to the Department of De12 fense for operation and maintenance may be used, not13 withstanding any other provision of law, to provide sup14 plies, services, transportation, including airlift and sealift, 

15 and other logistical support to allied forces participating 

16 in a combined operation with the armed forces of the 

17 United States and coalition forces supporting military and 

18 stability operations in Afghanistan and to counter the Is19 lamic State of Iraq and Syria: Provided, That the Sec20 retary of Defense shall provide quarterly reports to the 

21 congressional defense committees regarding support pro22 vided under this section. 

23 SEC. 9007. None of the funds appropriated or other24 wise made available by this or any other Act shall be obliVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
157 

•HR 7617 RH

1 gated or expended by the United States Government for 

2 a purpose as follows: 

3 (1) To establish any military installation or 

4 base for the purpose of providing for the permanent 

5 stationing of United States Armed Forces in Iraq. 

6 (2) To exercise United States control over any 

7 oil resource of Iraq or Syria. 

8 (3) To establish any military installation or 

9 base for the purpose of providing for the permanent 

10 stationing of United States Armed Forces in Af11 ghanistan. 

12 SEC. 9008. None of the funds made available in this 

13 Act may be used in contravention of the following laws 

14 enacted or regulations promulgated to implement the 

15 United Nations Convention Against Torture and Other 

16 Cruel, Inhuman or Degrading Treatment or Punishment 

17 (done at New York on December 10, 1984): 

18 (1) Section 2340A of title 18, United States 

19 Code. 

20 (2) Section 2242 of the Foreign Affairs Reform 

21 and Restructuring Act of 1998 (division G of Public 

22 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

23 note) and regulations prescribed thereto, including 

24 regulations under part 208 of title 8, Code of FedVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
158 

•HR 7617 RH

1 eral Regulations, and part 95 of title 22, Code of 

2 Federal Regulations. 

3 (3) Sections 1002 and 1003 of the Department 

4 of Defense, Emergency Supplemental Appropriations 

5 to Address Hurricanes in the Gulf of Mexico, and 

6 Pandemic Influenza Act, 2006 (Public Law 109– 

7 148). 

8 SEC. 9009. None of the funds provided for the ‘‘Af9 ghanistan Security Forces Fund’’ (ASFF) may be obli10 gated prior to the approval of a financial and activity plan 

11 by the Afghanistan Resources Oversight Council (AROC) 

12 of the Department of Defense: Provided, That the AROC 

13 must approve the requirement and acquisition plan for any 

14 service requirements in excess of $50,000,000 annually 

15 and any non-standard equipment requirements in excess 

16 of $100,000,000 using ASFF: Provided further, That the 

17 Department of Defense must certify to the congressional 

18 defense committees that the AROC has convened and ap19 proved a process for ensuring compliance with the require20 ments in the preceding proviso and accompanying report 

21 language for the ASFF. 

22 SEC. 9010. Funds made available in this title to the 

23 Department of Defense for operation and maintenance 

24 may be used to purchase items having an investment unit 

25 cost of not more than $250,000: Provided, That, upon deVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
159 

•HR 7617 RH

1 termination by the Secretary of Defense that such action 

2 is necessary to meet the operational requirements of a 

3 Commander of a Combatant Command engaged in contin4 gency operations overseas, such funds may be used to pur5 chase items having an investment item unit cost of not 

6 more than $500,000. 

7 SEC. 9011. Up to $500,000,000 of funds appro8 priated by this Act for the Defense Security Cooperation 

9 Agency in ‘‘Operation and Maintenance, Defense-Wide’’ 

10 may be used to provide assistance to the Government of 

11 Jordan to support the armed forces of Jordan and to en12 hance security along its borders. 

13 SEC. 9012. None of the funds made available by this 

14 Act under the headings ‘‘Afghanistan Security Forces 

15 Fund’’ and ‘‘Counter-ISIS Train and Equip Fund’’, and 

16 under the heading ‘‘Operation and Maintenance, Defense17 Wide’’ for Department of Defense security cooperation 

18 grant programs, may be used to procure or transfer man19 portable air defense systems. 

20 SEC. 9013. Of the amounts appropriated in this title 

21 under the heading ‘‘Operation and Maintenance, Defense22 Wide’’, for the Defense Security Cooperation Agency, 

23 $275,000,000, of which $137,500,000 to remain available 

24 until September 30, 2021, shall be for the Ukraine Secu25 rity Assistance Initiative: Provided, That such funds shall 


pamtmann on DSKBC07HB2PROD with BILLS
160 

•HR 7617 RH

1 be available to the Secretary of Defense, in coordination 

2 with the Secretary of State, to provide assistance, includ3 ing training; equipment; lethal assistance; logistics sup4 port, supplies and services; sustainment; and intelligence 

5 support to the military and national security forces of 

6 Ukraine, and for replacement of any weapons or articles 

7 provided to the Government of Ukraine from the inventory 

8 of the United States: Provided further, That of the 

9 amounts made available in this section, $50,000,000 shall 

10 be available only for lethal assistance described in para11 graphs (2) and (3) of section 1250(b) of the National De12 fense Authorization Act for Fiscal Year 2016 (Public Law 

13 114–92): Provided further, That the Secretary of Defense 

14 shall, not less than 15 days prior to obligating funds made 

15 available in this section, notify the congressional defense 

16 committees in writing of the details of any such obligation: 

17 Provided further, That the Secretary of Defense shall, not 

18 more than 60 days after such notification is made, inform 

19 such committees if such funds have not been obligated and 

20 the reasons therefor: Provided further, That the United 

21 States may accept equipment procured using funds made 

22 available in this section in this or prior Acts that was 

23 transferred to the security forces of Ukraine and returned 

24 by such forces to the United States: Provided further, That 

25 equipment procured using funds made available in this 


pamtmann on DSKBC07HB2PROD with BILLS
161 

•HR 7617 RH

1 section in this or prior Acts, and not yet transferred to 

2 the military or National Security Forces of Ukraine or re3 turned by such forces to the United States, may be treated 

4 as stocks of the Department of Defense upon written noti5 fication to the congressional defense committees: Provided 

6 further, That, notwithstanding any other provision of law, 

7 amounts made available in this section shall be exempt 

8 from apportionment under chapter 15 of title 31, United 

9 States Code. 

10 SEC. 9014. Funds appropriated in this title shall be 

11 available for replacement of funds for items provided to 

12 the Government of Ukraine from the inventory of the 

13 United States to the extent specifically provided for in sec14 tion 9013 of this Act. 

15 SEC. 9015. None of the funds made available by this 

16 Act may be used to provide arms, training, or other assist17 ance to the Azov Battalion. 

18 SEC. 9016. Equipment procured using funds provided 

19 in prior Acts under the heading ‘‘Counterterrorism Part20 nerships Fund’’ for the program authorized by section 

21 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

22 National Defense Authorization Act for Fiscal Year 2015 

23 (Public Law 113–291), or under the heading ‘‘Iraq Train 

24 and Equip Fund’’ for the program authorized by section 

25 1236 of such Act, and not yet transferred to authorized 


pamtmann on DSKBC07HB2PROD with BILLS
162 

•HR 7617 RH

1 recipients may be transferred to foreign security forces, 

2 irregular forces, groups, or individuals, authorized to re3 ceive assistance using amounts provided under the heading 

4 ‘‘Counter-ISIS Train and Equip Fund’’ in this Act: Pro5 vided, That such equipment may be transferred 15 days 

6 following written notification to the congressional defense 

7 committees. 

8 SEC. 9017. (a) None of the funds appropriated or 

9 otherwise made available by this Act under the headings 

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

11 ‘‘Counter-ISIS Train and Equip Fund’’ for reimburse12 ment made to the Government of Pakistan under section 

13 1226 of the National Defense Authorization Act for Fiscal 

14 Year 2016 (22 U.S.C. 2151 note) may be made available 

15 unless the Secretary of Defense, in coordination with the 

16 Secretary of State, certifies to the congressional defense 

17 committees that the Government of Pakistan is— 

18 (1) cooperating with the United States in 

19 counterterrorism efforts against the Haqqani Net20 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 

21 Jaish-e-Mohammed, Al Qaeda, and other domestic 

22 and foreign terrorist organizations, including taking 

23 steps to end support for such groups and prevent 

24 them from basing and operating in Pakistan and 


pamtmann on DSKBC07HB2PROD with BILLS
163 

•HR 7617 RH

1 carrying out cross border attacks into neighboring 

2 countries; 

3 (2) not supporting terrorist activities against 

4 United States or coalition forces in Afghanistan, and 

5 Pakistan’s military and intelligence agencies are not 

6 intervening extra-judicially into political and judicial 

7 processes in Pakistan; 

8 (3) dismantling improvised explosive device 

9 (IED) networks and interdicting precursor chemicals 

10 used in the manufacture of IEDs; 

11 (4) preventing the proliferation of nuclear-re12 lated material and expertise; 

13 (5) implementing policies to protect judicial 

14 independence and due process of law; 

15 (6) issuing visas in a timely manner for United 

16 States visitors engaged in counterterrorism efforts 

17 and assistance programs in Pakistan; and 

18 (7) providing humanitarian organizations access 

19 to detainees, internally displaced persons, and other 

20 Pakistani civilians affected by the conflict. 

21 (b) The Secretary of Defense, in coordination with 

22 the Secretary of State, may waive the restriction in sub23 section (a) on a case-by-case basis by certifying in writing 

24 to the congressional defense committees that it is in the 

25 national security interest to do so: Provided, That if the 


pamtmann on DSKBC07HB2PROD with BILLS
164 

•HR 7617 RH

1 Secretary of Defense, in coordination with the Secretary 

2 of State, exercises such waiver authority, the Secretaries 

3 shall report to the congressional defense committees on 

4 both the justification for the waiver and on the require5 ments of this section that the Government of Pakistan was 

6 not able to meet: Provided further, That such report may 

7 be submitted in classified form if necessary. 

8 SEC. 9018. None of the funds made available by this 

9 Act may be used with respect to Iraq in contravention of 

10 the War Powers Resolution (50 U.S.C. 1541 et seq.), in11 cluding for the introduction of United States armed forces 

12 into hostilities in Iraq, into situations in Iraq where immi13 nent involvement in hostilities is clearly indicated by the 

14 circumstances, or into Iraqi territory, airspace, or waters 

15 while equipped for combat, in contravention of the con16 gressional consultation and reporting requirements of sec17 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 

18 1543). 

19 SEC. 9019. None of the funds made available by this 

20 Act may be used with respect to Syria in contravention 

21 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

22 including for the introduction of United States armed or 

23 military forces into hostilities in Syria, into situations in 

24 Syria where imminent involvement in hostilities is clearly 

25 indicated by the circumstances, or into Syrian territory, 


pamtmann on DSKBC07HB2PROD with BILLS
165 

•HR 7617 RH

1 airspace, or waters while equipped for combat, in con2 travention of the congressional consultation and reporting 

3 requirements of sections 3 and 4 of that law (50 U.S.C. 

4 1542 and 1543). 

5 SEC. 9020. None of the funds in this Act may be 

6 made available for the transfer of additional C–130 cargo 

7 aircraft to the Afghanistan National Security Forces or 

8 the Afghanistan Air Force. 

9 SEC. 9021. Funds made available by this Act under 

10 the heading ‘‘Afghanistan Security Forces Fund’’ may be 

11 used to provide limited training, equipment, and other as12 sistance that would otherwise be prohibited by 10 U.S.C. 

13 362 to a unit of the security forces of Afghanistan only 

14 if the Secretary of Defense certifies to the congressional 

15 defense committees, within 30 days of a decision to pro16 vide such assistance, that (1) a denial of such assistance 

17 would present significant risk to United States or coalition 

18 forces or significantly undermine United States national 

19 security objectives in Afghanistan; and (2) the Secretary 

20 has sought a commitment by the Government of Afghani21 stan to take all necessary corrective steps: Provided, That 

22 such certification shall be accompanied by a report de23 scribing: (1) the information relating to the gross violation 

24 of human rights; (2) the circumstances that necessitated 

25 the provision of such assistance; (3) the Afghan security 


pamtmann on DSKBC07HB2PROD with BILLS
166 

•HR 7617 RH

1 force unit involved; (4) the assistance provided and the 

2 assistance withheld; and (5) the corrective steps to be 

3 taken by the Government of Afghanistan: Provided fur4 ther, That every 120 days after the initial report an addi5 tional report shall be submitted detailing the status of any 

6 corrective steps taken by the Government of Afghanistan: 

7 Provided further, That if the Government of Afghanistan 

8 has not initiated necessary corrective steps within one year 

9 of the certification, the authority under this section to pro10 vide assistance to such unit shall no longer apply: Provided 

11 further, That the Secretary shall submit a report to such 

12 committees detailing the final disposition of the case by 

13 the Government of Afghanistan. 

14 SEC. 9022. None of the funds made available by this 

15 Act may be made available for any member of the Taliban 

16 except to support a reconciliation activity that includes the 

17 participation of members of the Government of Afghani18 stan, does not restrict the participation of women, and is 

19 authorized by section 1218 of the National Defense Au20 thorization Act for Fiscal Year 2020 (Public Law 116- 

21 92). 

22 SEC. 9023. Nothing in this Act may be construed as 

23 authorizing the use of force against Iran. 

24 SEC. 9024. Not later than 15 days after the date on 

25 which any foreign base that involves the stationing or opVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H7617.RH H7617

pamtmann on DSKBC07HB2PROD with BILLS
167 

•HR 7617 RH

1 erations of the United States Armed Forces, including a 

2 temporary base, permanent base, or base owned and oper3 ated by a foreign country, is opened or closed, the Sec4 retary of Defense shall notify the congressional defense 

5 committees in writing of the opening or closing of such 

6 base: Provided, that such notification shall also include in7 formation on any personnel changes, costs, and savings 

8 associated with the opening or closing of such base. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 9025. In addition to amounts otherwise made 

11 available in this Act, $250,000,000 is hereby appropriated 

12 to the Department of Defense and made available for 

13 transfer only to the operation and maintenance, military 

14 personnel, and procurement accounts, to improve near15 term intelligence, surveillance, and reconnaissance capa16 bilities and related processing, exploitation, and dissemi17 nation functions of the Department of Defense: Provided, 

18 That the transfer authority provided in this section is in 

19 addition to any other transfer authority provided else20 where in this Act: Provided further, That not later than 

21 30 days prior to exercising the transfer authority provided 

22 in this section, the Secretary of Defense shall submit a 

23 report to the congressional defense committees on the pro24 posed uses of these funds: Provided further, That the 

25 funds provided in this section may not be transferred to 


pamtmann on DSKBC07HB2PROD with BILLS
168 

•HR 7617 RH

1 any program, project, or activity specifically limited or de2 nied by this Act: Provided further, That such funds may 

3 not be obligated for new start efforts: Provided further, 

4 That amounts made available by this section are des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985: Provided further, That the 

9 authority to provide funding under this section shall termi10 nate on September 30, 2021. 

11 (RESCISSIONS)

12 SEC. 9026. Of the funds appropriated in Department 

13 of Defense Appropriations Acts, the following funds are 

14 hereby rescinded from the following accounts and pro15 grams in the specified amounts: Provided, That such 

16 amounts are designated by the Congress for Overseas 

17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

19 and Emergency Deficit Control Act of 1985: 

20 ‘‘Aircraft Procurement, Air Force’’, 2019/2021, 

21 $16,400,000; 

22 ‘‘Operation and Maintenance, Defense-Wide: Defense 

23 Security Cooperation Agency’’, 2020/2021, $80,000,000; 

24 ‘‘Afghanistan Security Forces Fund’’, 2020/2021, 

25 $1,100,000,000; and 


pamtmann on DSKBC07HB2PROD with BILLS
169 

•HR 7617 RH

1 ‘‘Counter-ISIS Train and Equip Fund’’, 2020/2021, 

2 $250,000,000. 

3 SEC. 9027. Each amount designated in this Act by 

4 the Congress for Overseas Contingency Operations/Global 

5 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

6 the Balanced Budget and Emergency Deficit Control Act 

7 of 1985 shall be available (or rescinded, if applicable) only 

8 if the President subsequently so designates all such 

9 amounts and transmits such designations to the Congress. 

10 SEC. 9028. Effective 240 days after the date of the 

11 enactment of this Act, the Authorization for Use of Mili12 tary Force (Public Law 107–40; 50 U.S.C. 1541 note) 

13 is hereby repealed. 

14 SEC. 9029. The Authorization for Use of Military 

15 Force Against Iraq Resolution of 2002 (Public Law 107– 

16 243; 50 U.S.C. 1541 note) is hereby repealed. 

17 SEC. 9030. (a)(1) Except as provided in paragraph 

18 (2), none of the funds appropriated or otherwise made 

19 available by this Act may be obligated or expended for any 

20 use of military force in or against Iran unless Congress 

21 has— 

22 (A) declared war; or 

23 (B) enacted specific statutory authorization for such 

24 use of military force after the date of the enactment of 


pamtmann on DSKBC07HB2PROD with BILLS
170 

•HR 7617 RH

1 this Act that meets the requirements of the War Powers 

2 Resolution (50 U.S.C. 1541 et seq.). 

3 (2) The prohibition under paragraph (1) shall not 

4 apply to a use of military force that is consistent with sec5 tion (2)(c) of the War Powers Resolution. 

6 (b) Nothing in this section may be construed— 

7 (1) to prevent the President from using nec8 essary and appropriate force to defend United States 

9 allies and partners if Congress enacts specific statu10 tory authorization for such use of force consistent 

11 with the requirements of the War Powers Resolution 

12 (50 U.S.C. 1541 et seq.); 

13 (2) to relieve the executive branch of restric14 tions on the use of force, reporting, or consultation 

15 requirements set forth in the War Powers Resolution 

16 (50 U.S.C. 1541 et seq.); or 

17 (3) to authorize the use of military force. 

18

19 This Act may be cited as the ‘‘Department of Defense 

20 Appropriations Act, 2021’’. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 364 

116TH CONGRESS 

2D SESSION H. R. 7617 

[Report No. 116–453] 

A BILL 

Making appropriations for the Department of De2021, and for other purposes. fense for the fiscal year ending September 30, 

JULY 16, 2020 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS