II 

Calendar No. 205 

116TH CONGRESS 

1ST SESSION S. 2474 

[Report No. 116–103] 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2020, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2019 

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

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2020, and for other 

purposes. 

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 Department of Defense for the fiscal year ending Sep6 tember 30, 2020, and for other purposes, namely: 
2 

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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the 

9 Army on active duty (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

13 377, as amended (42 U.S.C. 402 note), and to the Depart14 ment of Defense Military Retirement Fund, 

15 $42,968,799,000. 

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the 

22 Navy on active duty (except members of the Reserve pro23 vided for elsewhere), midshipmen, and aviation cadets; for 

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

25 payments pursuant to section 156 of Public Law 97–377, 
3 

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

2 of Defense Military Retirement Fund, $31,763,263,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the Ma9 rine Corps on active duty (except members of the Reserve 

10 provided for elsewhere); and for payments pursuant to sec11 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $14,088,775,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of sta17 tion travel (including all expenses thereof for organiza18 tional movements), and expenses of temporary duty travel 

19 between permanent duty stations, for members of the Air 

20 Force on active duty (except members of reserve compo21 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

24 377, as amended (42 U.S.C. 402 note), and to the Depart-
4 

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1 ment of Defense Military Retirement Fund, 

2 $31,261,759,000. 

3 RESERVE PERSONNEL, ARMY

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

5 travel, and related expenses for personnel of the Army Re6 serve on active duty under sections 10211, 10302, and 

7 7038 of title 10, United States Code, or while serving on 

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

9 States Code, in connection with performing duty specified 

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

11 while undergoing reserve training, or while performing 

12 drills or equivalent duty or other duty, and expenses au13 thorized by section 16131 of title 10, United States Code; 

14 and for payments to the Department of Defense Military 

15 Retirement Fund, $4,920,866,000. 

16 RESERVE PERSONNEL, NAVY

17 For pay, allowances, clothing, subsistence, gratuities, 

18 travel, and related expenses for personnel of the Navy Re19 serve on active duty under section 10211 of title 10, 

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

21 section 12301(d) of title 10, United States Code, in con22 nection with performing duty specified in section 12310(a) 

23 of title 10, United States Code, or while undergoing re24 serve training, or while performing drills or equivalent 

25 duty, and expenses authorized by section 16131 of title 
5 

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1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund, 

3 $2,121,507,000. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

8 10, United States Code, or while serving on active duty 

9 under section 12301(d) of title 10, 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 reserve training, or while performing drills or equiv13 alent duty, and for members of the Marine Corps platoon 

14 leaders class, and expenses authorized by section 16131 

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

16 Department of Defense Military Retirement Fund, 

17 $837,854,000. 

18 RESERVE PERSONNEL, AIR FORCE

19 For pay, allowances, clothing, subsistence, gratuities, 

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

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

22 8038 of title 10, United States Code, or while serving on 

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

24 States Code, in connection with performing duty specified 

25 in section 12310(a) of title 10, United States Code, or 
6 

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1 while undergoing reserve training, or while performing 

2 drills or equivalent duty or other duty, and expenses au3 thorized by section 16131 of title 10, United States Code; 

4 and for payments to the Department of Defense Military 

5 Retirement Fund, $2,022,340,000. 

6 NATIONAL GUARD PERSONNEL, ARMY

7 For pay, allowances, clothing, subsistence, gratuities, 

8 travel, and related expenses for personnel of the Army Na9 tional Guard while on duty under sections 10211, 10302, 

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

11 States Code, or while serving on duty under section 

12 12301(d) of title 10 or section 502(f) of title 32, United 

13 States Code, in connection with performing duty specified 

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

15 while undergoing training, or while performing drills or 

16 equivalent duty or other duty, and expenses authorized by 

17 section 16131 of title 10, United States Code; and for pay18 ments to the Department of Defense Military Retirement 

19 Fund, $8,912,605,000. 

20 NATIONAL GUARD PERSONNEL, AIR FORCE

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Air Na23 tional Guard on duty under sections 10211, 10305, or 

24 12402 of title 10 or section 708 of title 32, United States 

25 Code, or while serving on duty under section 12301(d) of 
7 

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

2 in connection with performing duty specified in section 

3 12310(a) of title 10, United States Code, or while under4 going training, or while performing drills or equivalent 

5 duty or other duty, and expenses authorized by section 

6 16131 of title 10, United States Code; and for payments 

7 to the Department of Defense Military Retirement Fund, 

8 $4,086,045,000. 
8 

•S 2474 RS

1 TITLE II 

2 OPERATION AND MAINTENANCE 

3 OPERATION AND MAINTENANCE, ARMY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Army, as author6 ized by law, $40,437,663,000: Provided, That not to ex7 ceed $12,478,000 can be used for emergencies and ex8 traordinary expenses, to be expended on the approval or 

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

10 be made on his certificate of necessity for confidential mili11 tary purposes. 

12 OPERATION AND MAINTENANCE, NAVY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Navy and the 

15 Marine Corps, as authorized by law, $48,200,088,000: 

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

17 emergencies and extraordinary expenses, to be expended 

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

19 and payments may be made on his certificate of necessity 

20 for confidential military purposes. 

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance of the Marine Corps, 

24 as authorized by law, $7,608,598,000. 
9 

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1 OPERATION AND MAINTENANCE, AIR FORCE

2 For expenses, not otherwise provided for, necessary 

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

4 authorized by law, $43,092,286,000: Provided, That not 

5 to exceed $7,699,000 can be used for emergencies and ex6 traordinary expenses, to be expended on the approval or 

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

8 may be made on his certificate of necessity for confidential 

9 military purposes. 

10 OPERATION AND MAINTENANCE, SPACE FORCE

11 For expenses, not otherwise provided for, necessary 

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

13 authorized by law, $72,436,000. 

14 OPERATION AND MAINTENANCE, DEFENSE-WIDE

15 (INCLUDING TRANSFER OF FUNDS)

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance of activities and agen18 cies of the Department of Defense (other than the military 

19 departments), as authorized by law, $37,236,175,000: 

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

21 for the Combatant Commander Initiative Fund authorized 

22 under section 166a of title 10, United States Code: Pro23 vided further, That not to exceed $36,000,000 can be used 

24 for emergencies and extraordinary expenses, to be ex25 pended on the approval or authority of the Secretary of 
10 

•S 2474 RS

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

2 necessity for confidential military purposes: Provided fur3 ther, That of the funds provided under this heading, not 

4 less than $42,304,000 shall be made available for the Pro5 curement Technical Assistance Cooperative Agreement 

6 Program, of which not less than $4,500,000 shall be avail7 able for centers defined in 10 U.S.C. 2411(1)(D): Pro8 vided further, That none of the funds appropriated or oth9 erwise made available by this Act may be used to plan 

10 or implement the consolidation of a budget or appropria11 tions liaison office of the Office of the Secretary of De12 fense, the office of the Secretary of a military department, 

13 or the service headquarters of one of the Armed Forces 

14 into a legislative affairs or legislative liaison office: Pro15 vided further, That $17,732,000, to remain available until 

16 expended, is available only for expenses relating to certain 

17 classified activities, and may be transferred as necessary 

18 by the Secretary of Defense to operation and maintenance 

19 appropriations or research, development, test and evalua20 tion appropriations, to be merged with and to be available 

21 for the same time period as the appropriations to which 

22 transferred: Provided further, That any ceiling on the in23 vestment item unit cost of items that may be purchased 

24 with operation and maintenance funds shall not apply to 

25 the funds described in the preceding proviso: Provided fur-
11 

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1 ther, That of the funds provided under this heading, 

2 $667,093,000, of which $466,871,000, to remain available 

3 until September 30, 2021, shall be available to provide 

4 support and assistance to foreign security forces or other 

5 groups or individuals to conduct, support or facilitate 

6 counterterrorism, crisis response, or other Department of 

7 Defense security cooperation programs: Provided further, 

8 That the transfer authority provided under this heading 

9 is in addition to any other transfer authority provided else10 where in this Act. 

11 OPERATION AND MAINTENANCE, ARMY RESERVE

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance, including training, or14 ganization, and administration, of the Army Reserve; re15 pair of facilities and equipment; hire of passenger motor 

16 vehicles; travel and transportation; care of the dead; re17 cruiting; procurement of services, supplies, and equip18 ment; and communications, $2,990,610,000. 

19 OPERATION AND MAINTENANCE, NAVY RESERVE

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance, including training, or22 ganization, and administration, of the Navy Reserve; re23 pair of facilities and equipment; hire of passenger motor 

24 vehicles; travel and transportation; care of the dead; re-
12 

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1 cruiting; procurement of services, supplies, and equip2 ment; and communications, $1,100,116,000. 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 RESERVE

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance, including training, or7 ganization, and administration, of the Marine Corps Re8 serve; repair of facilities and equipment; hire of passenger 

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

10 recruiting; procurement of services, supplies, and equip11 ment; and communications, $292,076,000. 

12 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance, including training, or15 ganization, and administration, of the Air Force Reserve; 

16 repair of facilities and equipment; hire of passenger motor 

17 vehicles; travel and transportation; care of the dead; re18 cruiting; procurement of services, supplies, and equip19 ment; and communications, $3,222,818,000. 

20 OPERATION AND MAINTENANCE, ARMY NATIONAL

21 GUARD

22 For expenses of training, organizing, and admin23 istering the Army National Guard, including medical and 

24 hospital treatment and related expenses in non-Federal 

25 hospitals; maintenance, operation, and repairs to struc-
13 

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1 tures and facilities; hire of passenger motor vehicles; per2 sonnel services in the National Guard Bureau; travel ex3 penses (other than mileage), as authorized by law for 

4 Army personnel on active duty, for Army National Guard 

5 division, regimental, and battalion commanders while in6 specting units in compliance with National Guard Bureau 

7 regulations when specifically authorized by the Chief, Na8 tional Guard Bureau; supplying and equipping the Army 

9 National Guard as authorized by law; and expenses of re10 pair, modification, maintenance, and issue of supplies and 

11 equipment (including aircraft), $7,588,903,000. 

12 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

13 For expenses of training, organizing, and admin14 istering the Air National Guard, including medical and 

15 hospital treatment and related expenses in non-Federal 

16 hospitals; maintenance, operation, and repairs to struc17 tures and facilities; transportation of things, hire of pas18 senger motor vehicles; supplying and equipping the Air 

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

20 modification, maintenance, and issue of supplies and 

21 equipment, including those furnished from stocks under 

22 the control of agencies of the Department of Defense; 

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

24 authorized by law for Air National Guard personnel on 

25 active Federal duty, for Air National Guard commanders 
14 

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1 while inspecting units in compliance with National Guard 

2 Bureau regulations when specifically authorized by the 

3 Chief, National Guard Bureau, $6,732,792,000. 

4 UNITED STATES COURT OF APPEALS FOR THE ARMED

5 FORCES

6 For salaries and expenses necessary for the United 

7 States Court of Appeals for the Armed Forces, 

8 $14,771,000, of which not to exceed $5,000 may be used 

9 for official representation purposes. 

10 ENVIRONMENTAL RESTORATION, ARMY

11 (INCLUDING TRANSFER OF FUNDS)

12 For the Department of the Army, $209,218,000, to 

13 remain available until transferred: Provided, That the Sec14 retary of the Army shall, upon determining that such 

15 funds are required for environmental restoration, reduc16 tion and recycling of hazardous waste, removal of unsafe 

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

18 for similar purposes, transfer the funds made available by 

19 this appropriation to other appropriations made available 

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

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

22 time period as the appropriations to which transferred: 

23 Provided further, That upon a determination that all or 

24 part of the funds transferred from this appropriation are 

25 not necessary for the purposes provided herein, such 
15 

•S 2474 RS

1 amounts may be transferred back to this appropriation: 

2 Provided further, That the transfer authority provided 

3 under this heading is in addition to any other transfer au4 thority provided elsewhere in this Act. 

5 ENVIRONMENTAL RESTORATION, NAVY

6 (INCLUDING TRANSFER OF FUNDS)

7 For the Department of the Navy, $335,932,000, to 

8 remain available until transferred: Provided, That the Sec9 retary of the Navy shall, upon determining that such 

10 funds are required for environmental restoration, reduc11 tion and recycling of hazardous waste, removal of unsafe 

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

13 for similar purposes, transfer the funds made available by 

14 this appropriation to other appropriations made available 

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

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

17 time period as the appropriations to which transferred: 

18 Provided further, That upon a determination that all or 

19 part of the funds transferred from this appropriation are 

20 not necessary for the purposes provided herein, such 

21 amounts may be transferred back to this appropriation: 

22 Provided further, That the transfer authority provided 

23 under this heading is in addition to any other transfer au24 thority provided elsewhere in this Act. 
16 

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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $402,744,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 

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

10 available by this appropriation to other appropriations 

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

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 

18 this appropriation: Provided further, That the transfer au19 thority provided under this heading is in addition to any 

20 other transfer authority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $9,105,000, to re24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds 
17 

•S 2474 RS

1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

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

4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of Defense, to be merged with and to be avail7 able for the same purposes and for the same time period 

8 as the appropriations to which transferred: Provided fur9 ther, That upon a determination that all or part of the 

10 funds transferred from this appropriation are not nec11 essary for the purposes provided herein, such amounts 

12 may be transferred back to this appropriation: Provided 

13 further, That the transfer authority provided under this 

14 heading is in addition to any other transfer authority pro15 vided elsewhere in this Act. 

16 ENVIRONMENTAL RESTORATION, FORMERLY USED

17 DEFENSE SITES

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Army, $216,499,000, to 

20 remain available until transferred: Provided, That the Sec21 retary of the Army shall, upon determining that such 

22 funds are required for environmental restoration, reduc23 tion and recycling of hazardous waste, removal of unsafe 

24 buildings and debris at sites formerly used by the Depart25 ment of Defense, transfer the funds made available by this 
18 

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1 appropriation to other appropriations made available to 

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

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

4 period as the appropriations to which transferred: Pro5 vided further, That upon a determination that all or part 

6 of the funds transferred from this appropriation are not 

7 necessary for the purposes provided herein, such amounts 

8 may be transferred back to this appropriation: Provided 

9 further, That the transfer authority provided under this 

10 heading is in addition to any other transfer authority pro11 vided elsewhere in this Act. 

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For expenses relating to the Overseas Humanitarian, 

14 Disaster, and Civic Aid programs of the Department of 

15 Defense (consisting of the programs provided under sec16 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

17 United States Code), $108,600,000, to remain available 

18 until September 30, 2021. 

19 COOPERATIVE THREAT REDUCTION ACCOUNT

20 For assistance, including assistance provided by con21 tract or by grants, under programs and activities of the 

22 Department of Defense Cooperative Threat Reduction 

23 Program authorized under the Department of Defense Co24 operative Threat Reduction Act, $338,700,000, to remain 

25 available until September 30, 2022. 
19 

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1 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

2 DEVELOPMENT FUND

3 For the Department of Defense Acquisition Work4 force Development Fund, $400,000,000, to remain avail5 able for obligation until September 30, 2021: Provided, 

6 That no other amounts may be otherwise credited or 

7 transferred to the Fund, or deposited into the Fund, in 

8 fiscal year 2020 pursuant to section 1705(d) of title 10, 

9 United States Code. 
20 

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1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

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

11 and construction prosecuted thereon prior to approval of 

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

16 foregoing purposes, $3,766,529,000, to remain available 

17 for obligation until September 30, 2022. 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

25 and such lands and interests therein, may be acquired, 
21 

•S 2474 RS

1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $3,030,944,000, to remain available 

7 for obligation until September 30, 2022. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and 

11 modification of weapons and tracked combat vehicles, 

12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 

14 expansion of public and private plants, including the land 

15 necessary therefor, for the foregoing purposes, and such 

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 

18 procurement and installation of equipment, appliances, 

19 and machine tools in public and private plants; reserve 

20 plant and Government and contractor-owned equipment 

21 layaway; and other expenses necessary for the foregoing 

22 purposes, $4,463,582,000, to remain available for obliga23 tion until September 30, 2022. 
22 

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1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

14 for the foregoing purposes, $2,572,771,000, to remain 

15 available for obligation until September 30, 2022. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and 

18 modification of vehicles, including tactical, support, and 

19 non-tracked combat vehicles; the purchase of passenger 

20 motor vehicles for replacement only; communications and 

21 electronic equipment; other support equipment; spare 

22 parts, ordnance, and accessories therefor; specialized 

23 equipment and training devices; expansion of public and 

24 private plants, including the land necessary therefor, for 

25 the foregoing purposes, and such lands and interests 
23 

•S 2474 RS

1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; and procurement and 

3 installation of equipment, appliances, and machine tools 

4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other 

6 expenses necessary for the foregoing purposes, 

7 $7,220,947,000, to remain available for obligation until 

8 September 30, 2022. 

9 AIRCRAFT PROCUREMENT, NAVY

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

12 ordnance, spare parts, and accessories therefor; specialized 

13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted 

16 thereon prior to approval of title; and procurement and 

17 installation of equipment, appliances, and machine tools 

18 in public and private plants; reserve plant and Govern19 ment and contractor-owned equipment layaway, 

20 $18,573,560,000, to remain available for obligation until 

21 September 30, 2022. 

22 WEAPONS PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts, 
24 

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1 and accessories therefor; expansion of public and private 

2 plants, including the land necessary therefor, and such 

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 

5 procurement and installation of equipment, appliances, 

6 and machine tools in public and private plants; reserve 

7 plant and Government and contractor-owned equipment 

8 layaway, $3,963,067,000, to remain available for obliga9 tion until September 30, 2022. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and 

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 

24 for the foregoing purposes, $872,251,000, to remain avail25 able for obligation until September 30, 2022. 
25 

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1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long lead time components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Ohio Replacement Submarine (AP), 

15 $1,821,907,000; 

16 Carrier Replacement Program (CVN–80), 

17 $1,062,000,000; 

18 Carrier Replacement Program (CVN–81), 

19 $1,174,750,000; 

20 Virginia Class Submarine, $5,355,946,000; 

21 Virginia Class Submarine (AP), 

22 $2,969,552,000; 

23 CVN Refueling Overhauls, $614,626,000; 

24 CVN Refueling Overhauls (AP), $16,900,000; 

25 DDG–1000 Program, $155,944,000; 
26 

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1 DDG–51 Destroyer, $5,099,295,000; 

2 DDG–51 Destroyer (AP), $799,028,000; 

3 FFG–Frigate, $1,281,177,000; 

4 LPD Flight II, $747,100,000; 

5 LHA Replacement, $650,000,000; 

6 Expeditionary Fast Transport, $261,000,000; 

7 TAO Fleet Oiler, $981,215,000; 

8 TAO Fleet Oiler (AP), $73,000,000; 

9 Towing Salvage and Rescue Ship, $88,204,000; 

10 LCU 1700, $85,670,000; 

11 Service Craft, $81,789,000; 

12 Unmanned Surface Vessels, $248,200,000; 

13 For outfitting, post delivery, conversions, and 

14 first destination transportation, $714,428,000; and 

15 Completion of Prior Year Shipbuilding Pro16 grams, $104,700,000. 

17 In all: $24,366,431,000, to remain available for obli18 gation until September 30, 2024: Provided, That addi19 tional obligations may be incurred after September 30, 

20 2024, for engineering services, tests, evaluations, and 

21 other such budgeted work that must be performed in the 

22 final stage of ship construction: Provided further, That 

23 none of the funds provided under this heading for the con24 struction or conversion of any naval vessel to be con25 structed in shipyards in the United States shall be ex-
27 

•S 2474 RS

1 pended in foreign facilities for the construction of major 

2 components of such vessel: Provided further, That none 

3 of the funds provided under this heading shall be used 

4 for the construction of any naval vessel in foreign ship5 yards: Provided further, That funds appropriated or other6 wise made available by this Act for Ohio Replacement 

7 Submarine (AP) may be available for the purposes author8 ized by subsections (f), (g), (h) or (i) of section 2218a 

9 of title 10, United States Code, only in accordance with 

10 the provisions of the applicable subsection: Provided fur11 ther, That an appropriation made under the heading 

12 ‘‘Shipbuilding and Conversion, Navy’’ provided for the 

13 purpose of ‘‘Program increase—advance procurement for 

14 fiscal year 2020 LPD Flight II and/or multiyear procure15 ment economic order quantity’’ shall be considered to be 

16 for the purpose of ‘‘Program increase—advance procure17 ment of LPD 31’’. 

18 OTHER PROCUREMENT, NAVY

19 For procurement, production, and modernization of 

20 support equipment and materials not otherwise provided 

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

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

23 of passenger motor vehicles for replacement only; expan24 sion of public and private plants, including the land nec25 essary therefor, and such lands and interests therein, may 
28 

•S 2474 RS

1 be acquired, and construction prosecuted thereon prior to 

2 approval of title; and procurement and installation of 

3 equipment, appliances, and machine tools in public and 

4 private plants; reserve plant and Government and con5 tractor-owned equipment layaway, $10,568,201,000, to 

6 remain available for obligation until September 30, 2022: 

7 Provided, That such funds are also available for the main8 tenance, repair, and modernization of Pacific Fleet ships 

9 under a pilot program established for such purposes. 

10 PROCUREMENT, MARINE CORPS

11 For expenses necessary for the procurement, manu12 facture, and modification of missiles, armament, military 

13 equipment, spare parts, and accessories therefor; plant 

14 equipment, appliances, and machine tools, and installation 

15 thereof in public and private plants; reserve plant and 

16 Government and contractor-owned equipment layaway; ve17 hicles for the Marine Corps, including the purchase of pas18 senger motor vehicles for replacement only; and expansion 

19 of public and private plants, including land necessary 

20 therefor, and such lands and interests therein, may be ac21 quired, and construction prosecuted thereon prior to ap22 proval of title, $3,045,749,000, to remain available for ob23 ligation until September 30, 2022. 
29 

•S 2474 RS

1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 aircraft and equipment, including armor and armament, 

4 specialized ground handling equipment, and training de5 vices, spare parts, and accessories therefor; specialized 

6 equipment; expansion of public and private plants, Gov7 ernment-owned equipment and installation thereof in such 

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

9 the foregoing purposes, and such lands and interests 

10 therein, may be acquired, and construction prosecuted 

11 thereon prior to approval of title; reserve plant and Gov12 ernment and contractor-owned equipment layaway; and 

13 other expenses necessary for the foregoing purposes in14 cluding rents and transportation of things, 

15 $17,308,918,000, to remain available for obligation until 

16 September 30, 2022. 

17 MISSILE PROCUREMENT, AIR FORCE

18 For construction, procurement, and modification of 

19 missiles, rockets, and related equipment, including spare 

20 parts and accessories therefor; ground handling equip21 ment, and training devices; expansion of public and pri22 vate plants, Government-owned equipment and installa23 tion thereof in such plants, erection of structures, and ac24 quisition of land, for the foregoing purposes, and such 

25 lands and interests therein, may be acquired, and con-
30 

•S 2474 RS

1 struction prosecuted thereon prior to approval of title; re2 serve plant and Government and contractor-owned equip3 ment layaway; and other expenses necessary for the fore4 going purposes including rents and transportation of 

5 things, $2,589,166,000, to remain available for obligation 

6 until September 30, 2022. 

7 SPACE PROCUREMENT, AIR FORCE

8 For construction, procurement, and modification of 

9 spacecraft, rockets, and related equipment, including 

10 spare parts and accessories therefor; ground handling 

11 equipment, and training devices; expansion of public and 

12 private plants, Government-owned equipment and installa13 tion thereof in such plants, erection of structures, and ac14 quisition of land, for the foregoing purposes, and such 

15 lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title; re17 serve plant and Government and contractor-owned equip18 ment layaway; and other expenses necessary for the fore19 going purposes including rents and transportation of 

20 things, $2,460,605,000, to remain available for obligation 

21 until September 30, 2022. 

22 PROCUREMENT OF AMMUNITION, AIR FORCE

23 For construction, procurement, production, and 

24 modification of ammunition, and accessories therefor; spe25 cialized equipment and training devices; expansion of pub-
31 

•S 2474 RS

1 lic and private plants, including ammunition facilities, au2 thorized by section 2854 of title 10, United States Code, 

3 and the land necessary therefor, for the foregoing pur4 poses, and such lands and interests therein, may be ac5 quired, and construction prosecuted thereon prior to ap6 proval of title; and procurement and installation of equip7 ment, appliances, and machine tools in public and private 

8 plants; reserve plant and Government and contractor9 owned equipment layaway; and other expenses necessary 

10 for the foregoing purposes, $1,625,661,000, to remain 

11 available for obligation until September 30, 2022. 

12 OTHER PROCUREMENT, AIR FORCE

13 For procurement and modification of equipment (in14 cluding ground guidance and electronic control equipment, 

15 and ground electronic and communication equipment), 

16 and supplies, materials, and spare parts therefor, not oth17 erwise provided for; the purchase of passenger motor vehi18 cles for replacement only; lease of passenger motor vehi19 cles; and expansion of public and private plants, Govern20 ment-owned equipment and installation thereof in such 

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

22 the foregoing purposes, and such lands and interests 

23 therein, may be acquired, and construction prosecuted 

24 thereon, prior to approval of title; reserve plant and Gov25 ernment and contractor-owned equipment layaway, 
32 

•S 2474 RS

1 $21,083,464,000, to remain available for obligation until 

2 September 30, 2022. 

3 PROCUREMENT, DEFENSE-WIDE

4 For expenses of activities and agencies of the Depart5 ment of Defense (other than the military departments) 

6 necessary for procurement, production, and modification 

7 of equipment, supplies, materials, and spare parts there8 for, not otherwise provided for; the purchase of passenger 

9 motor vehicles for replacement only; expansion of public 

10 and private plants, equipment, and installation thereof in 

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

12 for the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

14 thereon prior to approval of title; reserve plant and Gov15 ernment and contractor-owned equipment layaway, 

16 $5,285,914,000, to remain available for obligation until 

17 September 30, 2022. 

18 DEFENSE PRODUCTION ACT PURCHASES

19 For activities by the Department of Defense pursuant 

20 to sections 108, 301, 302, and 303 of the Defense Produc21 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

22 $39,393,000, to remain available until expended. 
33 

•S 2474 RS

1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $12,412,845,000, to remain avail10 able for obligation until September 30, 2021. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

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, $19,818,218,000, to remain avail17 able for obligation until September 30, 2021: Provided, 

18 That funds appropriated in this paragraph which are 

19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 AIR FORCE

23 For expenses necessary for basic and applied sci24 entific research, development, test and evaluation, includ25 ing maintenance, rehabilitation, lease, and operation of fa-
34 

•S 2474 RS

1 cilities and equipment, $45,446,727,000, to remain avail2 able for obligation until September 30, 2021. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 DEFENSE-WIDE

5 For expenses of activities and agencies of the Depart6 ment of Defense (other than the military departments), 

7 necessary for basic and applied scientific research, devel8 opment, test and evaluation; advanced research projects 

9 as may be designated and determined by the Secretary 

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

11 lease, and operation of facilities and equipment, 

12 $26,371,649,000, to remain available for obligation until 

13 September 30, 2021. 

14 OPERATIONAL TEST AND EVALUATION, DEFENSE

15 For expenses, not otherwise provided for, necessary 

16 for the independent activities of the Director, Operational 

17 Test and Evaluation, in the direction and supervision of 

18 operational test and evaluation, including initial oper19 ational test and evaluation which is conducted prior to, 

20 and in support of, production decisions; joint operational 

21 testing and evaluation; and administrative expenses in 

22 connection therewith, $232,700,000, to remain available 

23 for obligation until September 30, 2021. 
35 

•S 2474 RS

1 TITLE V 

2 REVOLVING AND MANAGEMENT FUNDS 

3 DEFENSE WORKING CAPITAL FUNDS

4 For the Defense Working Capital Funds, 

5 $1,580,211,000. 
36 

•S 2474 RS

1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

6 as authorized by law, $33,495,289,000; of which 

7 $31,351,990,000 shall be for operation and maintenance, 

8 of which not to exceed one percent shall remain available 

9 for obligation until September 30, 2021, and of which up 

10 to $15,270,993,000 may be available for contracts entered 

11 into under the TRICARE program; of which 

12 $435,526,000, to remain available for obligation until Sep13 tember 30, 2022, shall be for procurement; and of which 

14 $1,707,773,000, to remain available for obligation until 

15 September 30, 2021, shall be for research, development, 

16 test and evaluation: Provided, That of the funds provided 

17 under this heading for research, development, test and 

18 evaluation, not less than $808,500,000 shall be made 

19 available to the United States Army Medical Research and 

20 Development Command to carry out the congressionally 

21 directed medical research programs. 

22 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

23 DEFENSE

24 For expenses, not otherwise provided for, necessary 

25 for the destruction of the United States stockpile of lethal 
37 

•S 2474 RS

1 chemical agents and munitions in accordance with the pro2 visions of section 1412 of the Department of Defense Au3 thorization Act, 1986 (50 U.S.C. 1521), and for the de4 struction of other chemical warfare materials that are not 

5 in the chemical weapon stockpile, $985,499,000, of which 

6 $107,351,000 shall be for operation and maintenance, of 

7 which no less than $52,452,000 shall be for the Chemical 

8 Stockpile Emergency Preparedness Program, consisting of 

9 $22,444,000 for activities on military installations and 

10 $30,008,000, to remain available until September 30, 

11 2021, to assist State and local governments; $2,218,000 

12 shall be for procurement, to remain available until Sep13 tember 30, 2022, of which not less than $2,218,000 shall 

14 be for the Chemical Stockpile Emergency Preparedness 

15 Program to assist State and local governments; and 

16 $875,930,000, to remain available until September 30, 

17 2021, shall be for research, development, test and evalua18 tion, of which $869,430,000 shall only be for the Assem19 bled Chemical Weapons Alternatives program. 

20 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

21 DEFENSE

22 (INCLUDING TRANSFER OF FUNDS)

23 For drug interdiction and counter-drug activities of 

24 the Department of Defense, for transfer to appropriations 

25 available to the Department of Defense for military per-
38 

•S 2474 RS

1 sonnel of the reserve components serving under the provi2 sions of title 10 and title 32, United States Code; for oper3 ation and maintenance; for procurement; and for research, 

4 development, test and evaluation, $884,402,000, of which 

5 $517,514,000 shall be for counter-narcotics support; 

6 $120,922,000 shall be for the drug demand reduction pro7 gram; $220,595,000 shall be for the National Guard 

8 counter-drug program; and $25,371,000 shall be for the 

9 National Guard counter-drug schools program: Provided, 

10 That the funds appropriated under this heading shall be 

11 available for obligation for the same time period and for 

12 the same purpose as the appropriation to which trans13 ferred: Provided further, That upon a determination that 

14 all or part of the funds transferred from this appropriation 

15 are not necessary for the purposes provided herein, such 

16 amounts may be transferred back to this appropriation: 

17 Provided further, That the transfer authority provided 

18 under this heading is in addition to any other transfer au19 thority contained elsewhere in this Act. 

20 OFFICE OF THE INSPECTOR GENERAL

21 For expenses and activities of the Office of the In22 spector General in carrying out the provisions of the In23 spector General Act of 1978, as amended, $363,499,000, 

24 of which $360,201,000 shall be for operation and mainte25 nance, of which not to exceed $700,000 is available for 
39 

•S 2474 RS

1 emergencies and extraordinary expenses to be expended on 

2 the approval or authority of the Inspector General, and 

3 payments may be made on the Inspector General’s certifi4 cate of necessity for confidential military purposes; of 

5 which $333,000, to remain available for obligation until 

6 September 30, 2022, shall be for procurement; and of 

7 which $2,965,000, to remain available until September 30, 

8 2021, shall be for research, development, test and evalua9 tion. 
40 

•S 2474 RS

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, $539,400,000. 
41 

•S 2474 RS

1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

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

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

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

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

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

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

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

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 

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

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 

24 not apply to foreign national employees of the Department 

25 of Defense in the Republic of Turkey. 
42 

•S 2474 RS

1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

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

4 SEC. 8004. No more than 20 percent of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 

7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $4,000,000,000 

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 

20 subdivision thereof, to be merged with and to be available 

21 for the same purposes, and for the same time period, as 

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated 
43 

•S 2474 RS

1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 

3 That the Secretary of Defense shall notify the Congress 

4 promptly of all transfers made pursuant to this authority 

5 or any other authority in this Act: Provided further, That 

6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements, 

10 than those for which originally appropriated and in no 

11 case where the item for which reprogramming is requested 

12 has been denied by the Congress: Provided further, That 

13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June 

15 30, 2020: Provided further, That transfers among military 

16 personnel appropriations shall not be taken into account 

17 for purposes of the limitation on the amount of funds that 

18 may be transferred under this section. 

19 SEC. 8006. (a) With regard to the list of specific pro20 grams, projects, and activities (and the dollar amounts 

21 and adjustments to budget activities corresponding to 

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

23 tables titled ‘‘Committee Recommended Adjustments’’ in 

24 the explanatory statement regarding this Act, the obliga25 tion and expenditure of amounts appropriated or other-
44 

•S 2474 RS

1 wise made available in this Act for those programs, 

2 projects, and activities for which the amounts appro3 priated exceed the amounts requested are hereby required 

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

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

6 in the text of this Act. 

7 (b) Amounts specified in the referenced tables de8 scribed in subsection (a) shall not be treated as subdivi9 sions of appropriations for purposes of section 8005 of this 

10 Act: Provided, That section 8005 shall apply when trans11 fers of the amounts described in subsection (a) occur be12 tween appropriation accounts. 

13 SEC. 8007. (a) Not later than 60 days after enact14 ment of this Act, the Department of Defense shall submit 

15 a report to the congressional defense committees to estab16 lish the baseline for application of reprogramming and 

17 transfer authorities for fiscal year 2020: Provided, That 

18 the report shall include— 

19 (1) a table for each appropriation with a sepa20 rate column to display the President’s budget re21 quest, adjustments made by Congress, adjustments 

22 due to enacted rescissions, if appropriate, and the 

23 fiscal year enacted level; 

24 (2) a delineation in the table for each appro25 priation both by budget activity and program, 
45 

•S 2474 RS

1 project, and activity as detailed in the Budget Ap2 pendix; and 

3 (3) an identification of items of special congres4 sional interest. 

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

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

7 reprogramming or transfer until the report identified in 

8 subsection (a) is submitted to the congressional defense 

9 committees, unless the Secretary of Defense certifies in 

10 writing to the congressional defense committees that such 

11 reprogramming or transfer is necessary as an emergency 

12 requirement: Provided, That this subsection shall not 

13 apply to transfers from the following appropriations ac14 counts: 

15 (1) ‘‘Environmental Restoration, Army’’; 

16 (2) ‘‘Environmental Restoration, Navy’’; 

17 (3) ‘‘Environmental Restoration, Air Force’’; 

18 (4) ‘‘Environmental Restoration, Defense19 Wide’’; 

20 (5) ‘‘Environmental Restoration, Formerly 

21 Used Defense Sites’’; and 

22 (6) ‘‘Drug Interdiction and Counter-drug Ac23 tivities, Defense’’. 
46 

•S 2474 RS

1 (TRANSFER OF FUNDS)

2 SEC. 8008. During the current fiscal year, cash bal3 ances in working capital funds of the Department of De4 fense established pursuant to section 2208 of title 10, 

5 United States Code, may be maintained in only such 

6 amounts as are necessary at any time for cash disburse7 ments to be made from such funds: Provided, That trans8 fers may be made between such funds: Provided further, 

9 That transfers may be made between working capital 

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

11 appropriation and the ‘‘Operation and Maintenance’’ ap12 propriation accounts in such amounts as may be deter13 mined by the Secretary of Defense, with the approval of 

14 the Office of Management and Budget, except that such 

15 transfers may not be made unless the Secretary of Defense 

16 has notified the Congress of the proposed transfer: Pro17 vided further, That except in amounts equal to the 

18 amounts appropriated to working capital funds in this Act, 

19 no obligations may be made against a working capital fund 

20 to procure or increase the value of war reserve material 

21 inventory, unless the Secretary of Defense has notified the 

22 Congress prior to any such obligation. 

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

24 be used to initiate a special access program without prior 
47 

•S 2474 RS

1 notification 30 calendar days in advance to the congres2 sional defense committees. 

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

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

5 employs economic order quantity procurement in excess of 

6 $20,000,000 in any one year of the contract or that in7 cludes an unfunded contingent liability in excess of 

8 $20,000,000; or (2) a contract for advance procurement 

9 leading to a multiyear contract that employs economic 

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

11 any one year, unless the congressional defense committees 

12 have been notified at least 30 days in advance of the pro13 posed contract award: Provided, That no part of any ap14 propriation contained in this Act shall be available to ini15 tiate a multiyear contract for which the economic order 

16 quantity advance procurement is not funded at least to 

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

18 That no part of any appropriation contained in this Act 

19 shall be available to initiate multiyear procurement con20 tracts for any systems or component thereof if the value 

21 of the multiyear contract would exceed $500,000,000 un22 less specifically provided in this Act: Provided further, 

23 That no multiyear procurement contract can be termi24 nated without 30-day prior notification to the congres25 sional defense committees: Provided further, That the exe-
48 

•S 2474 RS

1 cution of multiyear authority shall require the use of a 

2 present value analysis to determine lowest cost compared 

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

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

5 contract executed after the date of the enactment of this 

6 Act unless in the case of any such contract— 

7 (1) the Secretary of Defense has submitted to 

8 Congress a budget request for full funding of units 

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

10 of a contract for procurement of aircraft, that in11 cludes, for any aircraft unit to be procured through 

12 the contract for which procurement funds are re13 quested in that budget request for production be14 yond advance procurement activities in the fiscal 

15 year covered by the budget, full funding of procure16 ment of such unit in that fiscal year; 

17 (2) cancellation provisions in the contract do 

18 not include consideration of recurring manufacturing 

19 costs of the contractor associated with the produc20 tion of unfunded units to be delivered under the con21 tract; 

22 (3) the contract provides that payments to the 

23 contractor under the contract shall not be made in 

24 advance of incurred costs on funded units; and 
49 

•S 2474 RS

1 (4) the contract does not provide for a price ad2 justment based on a failure to award a follow-on 

3 contract. 

4 SEC. 8011. Within the funds appropriated for the op5 eration and maintenance of the Armed Forces, funds are 

6 hereby appropriated pursuant to section 401 of title 10, 

7 United States Code, for humanitarian and civic assistance 

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

9 Such funds may also be obligated for humanitarian and 

10 civic assistance costs incidental to authorized operations 

11 and pursuant to authority granted in section 401 of chap12 ter 20 of title 10, United States Code, and these obliga13 tions shall be reported as required by section 401(d) of 

14 title 10, United States Code: Provided, That funds avail15 able for operation and maintenance shall be available for 

16 providing humanitarian and similar assistance by using 

17 Civic Action Teams in the Trust Territories of the Pacific 

18 Islands and freely associated states of Micronesia, pursu19 ant to the Compact of Free Association as authorized by 

20 Public Law 99–239: Provided further, That upon a deter21 mination by the Secretary of the Army that such action 

22 is beneficial for graduate medical education programs con23 ducted at Army medical facilities located in Hawaii, the 

24 Secretary of the Army may authorize the provision of med25 ical services at such facilities and transportation to such 
50 

•S 2474 RS

1 facilities, on a nonreimbursable basis, for civilian patients 

2 from American Samoa, the Commonwealth of the North3 ern Mariana Islands, the Marshall Islands, the Federated 

4 States of Micronesia, Palau, and Guam. 

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

6 civilian personnel of the Department of Defense may not 

7 be managed on the basis of any end-strength, and the 

8 management of such personnel during that fiscal year 

9 shall not be subject to any constraint or limitation (known 

10 as an end-strength) on the number of such personnel who 

11 may be employed on the last day of such fiscal year. 

12 (b) The fiscal year 2021 budget request for the De13 partment of Defense as well as all justification material 

14 and other documentation supporting the fiscal year 2021 

15 Department of Defense budget request shall be prepared 

16 and submitted to the Congress as if subsections (a) and 

17 (b) of this provision were effective with regard to fiscal 

18 year 2021. 

19 (c) Nothing in this section shall be construed to apply 

20 to military (civilian) technicians. 

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

22 Act shall be used in any way, directly or indirectly, to in23 fluence congressional action on any legislation or appro24 priation matters pending before the Congress. 
51 

•S 2474 RS

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

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

3 any member of the Army participating as a full-time stu4 dent and receiving benefits paid by the Secretary of Vet5 erans Affairs from the Department of Defense Education 

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

7 credited toward completion of a service commitment: Pro8 vided, That this section shall not apply to those members 

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

10 1987: Provided further, That this section applies only to 

11 active components of the Army. 

12 (TRANSFER OF FUNDS)

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

14 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro15 gram may be transferred to any other appropriation con16 tained in this Act solely for the purpose of implementing 

17 a Mentor-Prote ́ge ́ Program developmental assistance 

18 agreement pursuant to section 831 of the National De19 fense Authorization Act for Fiscal Year 1991 (Public Law 

20 101–510; 10 U.S.C. 2302 note), as amended, under the 

21 authority of this provision or any other transfer authority 

22 contained in this Act. 

23 SEC. 8016. None of the funds available in this Act 

24 to the Department of Defense, other than appropriations 

25 made for necessary or routine refurbishments, upgrades 
52 

•S 2474 RS

1 or maintenance activities, shall be used to reduce or to 

2 prepare to reduce the number of deployed and non-de3 ployed strategic delivery vehicles and launchers below the 

4 levels set forth in the report submitted to Congress in ac5 cordance with section 1042 of the National Defense Au6 thorization Act for Fiscal Year 2012. 

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

8 Act shall be used for the support of any nonappropriated 

9 funds activity of the Department of Defense that procures 

10 malt beverages and wine with nonappropriated funds for 

11 resale (including such alcoholic beverages sold by the 

12 drink) on a military installation located in the United 

13 States unless such malt beverages and wine are procured 

14 within that State, or in the case of the District of Colum15 bia, within the District of Columbia, in which the military 

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

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

18 purchases may be made in any State in which the installa19 tion is located: Provided further, That such local procure20 ment requirements for malt beverages and wine shall 

21 apply to all alcoholic beverages only for military installa22 tions in States which are not contiguous with another 

23 State: Provided further, That alcoholic beverages other 

24 than wine and malt beverages, in contiguous States and 
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1 the District of Columbia shall be procured from the most 

2 competitive source, price and other factors considered. 

3 SEC. 8018. None of the funds available to the De4 partment of Defense may be used to demilitarize or dis5 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

6 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

7 to demilitarize or destroy small arms ammunition or am8 munition components that are not otherwise prohibited 

9 from commercial sale under Federal law, unless the small 

10 arms ammunition or ammunition components are certified 

11 by the Secretary of the Army or designee as unserviceable 

12 or unsafe for further use. 

13 SEC. 8019. No more than $500,000 of the funds ap14 propriated or made available in this Act shall be used dur15 ing a single fiscal year for any single relocation of an orga16 nization, unit, activity or function of the Department of 

17 Defense into or within the National Capital Region: Pro18 vided, That the Secretary of Defense may waive this re19 striction on a case-by-case basis by certifying in writing 

20 to the congressional defense committees that such a relo21 cation is required in the best interest of the Government. 

22 SEC. 8020. Of the funds made available in this Act, 

23 up to $15,000,000 may be available for incentive pay24 ments authorized by section 504 of the Indian Financing 

25 Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
54 

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1 contractor or a subcontractor at any tier that makes a 

2 subcontract award to any subcontractor or supplier as de3 fined in section 1544 of title 25, United States Code, or 

4 a small business owned and controlled by an individual 

5 or individuals defined under section 4221(9) of title 25, 

6 United States Code, shall be considered a contractor for 

7 the purposes of being allowed additional compensation 

8 under section 504 of the Indian Financing Act of 1974 

9 (25 U.S.C. 1544) whenever the prime contract or sub10 contract amount is over $500,000 and involves the ex11 penditure of funds appropriated by an Act making appro12 priations for the Department of Defense with respect to 

13 any fiscal year: Provided further, That notwithstanding 

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

15 shall be applicable to any Department of Defense acquisi16 tion of supplies or services, including any contract and any 

17 subcontract at any tier for acquisition of commercial items 

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

19 subcontractor or supplier defined in section 1544 of title 

20 25, United States Code, or a small business owned and 

21 controlled by an individual or individuals defined under 

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

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

24 Defense Media Activity shall not be used for any national 

25 or international political or psychological activities. 
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1 SEC. 8022. During the current fiscal year, the De2 partment of Defense is authorized to incur obligations of 

3 not to exceed $350,000,000 for purposes specified in sec4 tion 2350j(c) of title 10, United States Code, in anticipa5 tion of receipt of contributions, only from the Government 

6 of Kuwait, under that section: Provided, That, upon re7 ceipt, such contributions from the Government of Kuwait 

8 shall be credited to the appropriations or fund which in9 curred such obligations. 

10 SEC. 8023. (a) Of the funds made available in this 

11 Act, not less than $51,800,000 shall be available for the 

12 Civil Air Patrol Corporation, of which— 

13 (1) $39,100,000 shall be available from ‘‘Oper14 ation and Maintenance, Air Force’’ to support Civil 

15 Air Patrol Corporation operation and maintenance, 

16 readiness, counter-drug activities, and drug demand 

17 reduction activities involving youth programs; 

18 (2) $11,000,000 shall be available from ‘‘Air19 craft Procurement, Air Force’’; and 

20 (3) $1,700,000 shall be available from ‘‘Other 

21 Procurement, Air Force’’ for vehicle procurement. 

22 (b) The Secretary of the Air Force should waive reim23 bursement for any funds used by the Civil Air Patrol for 

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

25 local government agencies. 
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1 SEC. 8024. (a) None of the funds appropriated in this 

2 Act are available to establish a new Department of De3 fense (department) federally funded research and develop4 ment center (FFRDC), either as a new entity, or as a 

5 separate entity administrated by an organization man6 aging another FFRDC, or as a nonprofit membership cor7 poration consisting of a consortium of other FFRDCs and 

8 other nonprofit entities. 

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

10 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

12 and no paid consultant to any defense FFRDC, except 

13 when acting in a technical advisory capacity, may be com14 pensated for his or her services as a member of such enti15 ty, or as a paid consultant by more than one FFRDC in 

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

17 referred to previously in this subsection shall be allowed 

18 travel expenses and per diem as authorized under the Fed19 eral Joint Travel Regulations, when engaged in the per20 formance of membership duties. 

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

22 of the funds available to the department from any source 

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

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

25 construction of new buildings not located on a military in-
57 

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1 stallation, for payment of cost sharing for projects funded 

2 by Government grants, for absorption of contract over3 runs, or for certain charitable contributions, not to include 

4 employee participation in community service and/or devel5 opment. 

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

7 the funds available to the department during fiscal year 

8 2020, not more than 6,030 staff years of technical effort 

9 (staff years) may be funded for defense FFRDCs: Pro10 vided, That, of the specific amount referred to previously 

11 in this subsection, not more than 1,125 staff years may 

12 be funded for the defense studies and analysis FFRDCs: 

13 Provided further, That this subsection shall not apply to 

14 staff years funded in the National Intelligence Program 

15 (NIP) and the Military Intelligence Program (MIP). 

16 (e) The Secretary of Defense shall, with the submis17 sion of the department’s fiscal year 2021 budget request, 

18 submit a report presenting the specific amounts of staff 

19 years of technical effort to be allocated for each defense 

20 FFRDC during that fiscal year and the associated budget 

21 estimates. 

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

23 the total amount appropriated in this Act for FFRDCs 

24 is hereby reduced by $53,000,000: Provided, That this 

25 subsection shall not apply to appropriations for the Na-
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1 tional Intelligence Program (NIP) and the Military Intel2 ligence Program (MIP). 

3 SEC. 8025. None of the funds appropriated or made 

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

5 or armor steel plate for use in any Government-owned fa6 cility or property under the control of the Department of 

7 Defense which were not melted and rolled in the United 

8 States or Canada: Provided, That these procurement re9 strictions shall apply to any and all Federal Supply Class 

10 9515, American Society of Testing and Materials (ASTM) 

11 or American Iron and Steel Institute (AISI) specifications 

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

13 That the Secretary of the military department responsible 

14 for the procurement may waive this restriction on a case15 by-case basis by certifying in writing to the Committees 

16 on Appropriations of the House of Representatives and the 

17 Senate that adequate domestic supplies are not available 

18 to meet Department of Defense requirements on a timely 

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

20 to acquire capability for national security purposes: Pro21 vided further, That these restrictions shall not apply to 

22 contracts which are in being as of the date of the enact23 ment of this Act. 

24 SEC. 8026. For the purposes of this Act, the term 

25 ‘‘congressional defense committees’’ means the Armed 
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1 Services Committee of the House of Representatives, the 

2 Armed Services Committee of the Senate, the Sub3 committee on Defense of the Committee on Appropriations 

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

5 Committee on Appropriations of the House of Representa6 tives. 

7 SEC. 8027. During the current fiscal year, the De8 partment of Defense may acquire the modification, depot 

9 maintenance and repair of aircraft, vehicles and vessels 

10 as well as the production of components and other De11 fense-related articles, through competition between De12 partment of Defense depot maintenance activities and pri13 vate firms: Provided, That the Senior Acquisition Execu14 tive of the military department or Defense Agency con15 cerned, with power of delegation, shall certify that success16 ful bids include comparable estimates of all direct and in17 direct costs for both public and private bids: Provided fur18 ther, That Office of Management and Budget Circular A– 

19 76 shall not apply to competitions conducted under this 

20 section. 

21 SEC. 8028. (a)(1) If the Secretary of Defense, after 

22 consultation with the United States Trade Representative, 

23 determines that a foreign country which is party to an 

24 agreement described in paragraph (2) has violated the 

25 terms of the agreement by discriminating against certain 
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1 types of products produced in the United States that are 

2 covered by the agreement, the Secretary of Defense shall 

3 rescind the Secretary’s blanket waiver of the Buy Amer4 ican Act with respect to such types of products produced 

5 in that foreign country. 

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

7 reciprocal defense procurement memorandum of under8 standing, between the United States and a foreign country 

9 pursuant to which the Secretary of Defense has prospec10 tively waived the Buy American Act for certain products 

11 in that country. 

12 (b) The Secretary of Defense shall submit to the Con13 gress a report on the amount of Department of Defense 

14 purchases from foreign entities in fiscal year 2020. Such 

15 report shall separately indicate the dollar value of items 

16 for which the Buy American Act was waived pursuant to 

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

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

19 international agreement to which the United States is a 

20 party. 

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

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

23 States Code. 

24 SEC. 8029. During the current fiscal year, amounts 

25 contained in the Department of Defense Overseas Military 
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1 Facility Investment Recovery Account established by sec2 tion 2921(c)(1) of the National Defense Authorization Act 

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

4 be available until expended for the payments specified by 

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

6 SEC. 8030. (a) Notwithstanding any other provision 

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

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

9 tribes located in the States of Nevada, Idaho, North Da10 kota, South Dakota, Montana, Oregon, Minnesota, and 

11 Washington relocatable military housing units located at 

12 Grand Forks Air Force Base, Malmstrom Air Force Base, 

13 Mountain Home Air Force Base, Ellsworth Air Force 

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

15 needs of the Air Force. 

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

17 no cost to the Air Force, military housing units under sub18 section (a) in accordance with the request for such units 

19 that are submitted to the Secretary by the Operation 

20 Walking Shield Program on behalf of Indian tribes located 

21 in the States of Nevada, Idaho, North Dakota, South Da22 kota, Montana, Oregon, Minnesota, and Washington. Any 

23 such conveyance shall be subject to the condition that the 

24 housing units shall be removed within a reasonable period 

25 of time, as determined by the Secretary. 
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1 (c) The Operation Walking Shield Program shall re2 solve any conflicts among requests of Indian tribes for 

3 housing units under subsection (a) before submitting re4 quests to the Secretary of the Air Force under subsection 

5 (b). 

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

7 any recognized Indian tribe included on the current list 

8 published by the Secretary of the Interior under section 

9 104 of the Federally Recognized Indian Tribe Act of 1994 

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

11 SEC. 8031. During the current fiscal year, appropria12 tions which are available to the Department of Defense 

13 for operation and maintenance may be used to purchase 

14 items having an investment item unit cost of not more 

15 than $250,000. 

16 SEC. 8032. Amounts appropriated for ‘‘Procurement, 

17 Defense-Wide’’ in this Act may be used for the purchase 

18 of up to 60 new passenger carrying motor vehicles at a 

19 cost of not more than $47,000 per vehicle for use by the 

20 Defense POW/MIA Accounting Agency in carrying out the 

21 responsibilities specified in section 1501 of title 10, United 

22 States Code, in the United States Indo-Pacific Command, 

23 notwithstanding price or other limitations applicable to the 

24 purchase of passenger carrying vehicles. 
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1 SEC. 8033. Up to $9,199,000 of the funds appro2 priated under the heading ‘‘Operation and Maintenance, 

3 Navy’’ may be made available for the Asia Pacific Re4 gional Initiative Program for the purpose of enabling the 

5 Pacific Command to execute Theater Security Cooperation 

6 activities such as humanitarian assistance, and payment 

7 of incremental and personnel costs of training and exer8 cising with foreign security forces: Provided, That funds 

9 made available for this purpose may be used, notwith10 standing any other funding authorities for humanitarian 

11 assistance, security assistance or combined exercise ex12 penses: Provided further, That funds may not be obligated 

13 to provide assistance to any foreign country that is other14 wise prohibited from receiving such type of assistance 

15 under any other provision of law. 

16 SEC. 8034. The Secretary of Defense shall issue reg17 ulations to prohibit the sale of any tobacco or tobacco18 related products in military resale outlets in the United 

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

20 most competitive price in the local community: Provided, 

21 That such regulations shall direct that the prices of to22 bacco or tobacco-related products in overseas military re23 tail outlets shall be within the range of prices established 

24 for military retail system stores located in the United 

25 States. 
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1 SEC. 8035. (a) During the current fiscal year, none 

2 of the appropriations or funds available to the Department 

3 of Defense Working Capital Funds shall be used for the 

4 purchase of an investment item for the purpose of acquir5 ing a new inventory item for sale or anticipated sale dur6 ing the current fiscal year or a subsequent fiscal year to 

7 customers of the Department of Defense Working Capital 

8 Funds if such an item would not have been chargeable 

9 to the Department of Defense Business Operations Fund 

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

11 investment item would be chargeable during the current 

12 fiscal year to appropriations made to the Department of 

13 Defense for procurement. 

14 (b) The fiscal year 2021 budget request for the De15 partment of Defense as well as all justification material 

16 and other documentation supporting the fiscal year 2021 

17 Department of Defense budget shall be prepared and sub18 mitted to the Congress on the basis that any equipment 

19 which was classified as an end item and funded in a pro20 curement appropriation contained in this Act shall be 

21 budgeted for in a proposed fiscal year 2021 procurement 

22 appropriation and not in the supply management business 

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

24 Defense Working Capital Funds. 
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1 SEC. 8036. None of the funds appropriated by this 

2 Act for programs of the Central Intelligence Agency shall 

3 remain available for obligation beyond the current fiscal 

4 year, except for funds appropriated for the Reserve for 

5 Contingencies, which shall remain available until Sep6 tember 30, 2021: Provided, That funds appropriated, 

7 transferred, or otherwise credited to the Central Intel8 ligence Agency Central Services Working Capital Fund 

9 during this or any prior or subsequent fiscal year shall 

10 remain available until expended: Provided further, That 

11 any funds appropriated or transferred to the Central Intel12 ligence Agency for advanced research and development ac13 quisition, for agent operations, and for covert action pro14 grams authorized by the President under section 503 of 

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

16 remain available until September 30, 2021. 

17 SEC. 8037. Of the funds appropriated to the Depart18 ment of Defense under the heading ‘‘Operation and Main19 tenance, Defense-Wide’’, not less than $12,000,000 may 

20 be made available only for the mitigation of environmental 

21 impacts, including training and technical assistance to 

22 tribes, related administrative support, the gathering of in23 formation, documenting of environmental damage, and de24 veloping a system for prioritization of mitigation and cost 
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1 to complete estimates for mitigation, on Indian lands re2 sulting from Department of Defense activities. 

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

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

5 Defense unless the entity, in expending the funds, com6 plies with the Buy American Act. For purposes of this 

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

8 83 of title 41, United States Code. 

9 (b) If the Secretary of Defense determines that a per10 son has been convicted of intentionally affixing a label 

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

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

13 in America, the Secretary shall determine, in accordance 

14 with section 2410f of title 10, United States Code, wheth15 er the person should be debarred from contracting with 

16 the Department of Defense. 

17 (c) In the case of any equipment or products pur18 chased with appropriations provided under this Act, it is 

19 the sense of the Congress that any entity of the Depart20 ment of Defense, in expending the appropriation, purchase 

21 only American-made equipment and products, provided 

22 that American-made equipment and products are cost23 competitive, quality competitive, and available in a timely 

24 fashion. 
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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 bio-
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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— 
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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 com-
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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 
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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 the Concurrent Resolution on the 

14 Budget or the Balanced Budget and Emergency Deficit 

15 Control Act of 1985, as amended: 

16 ‘‘Shipbuilding and Conversion, Navy: DDG-51 

17 Destroyer’’, 2012/2020, $44,500,000; 

18 ‘‘Aircraft Procurement, Army’’, 2018/2020, 

19 $44,000,000; 

20 ‘‘Missile Procurement, Army’’, 2018/2020, 

21 $5,182,000; 

22 ‘‘Weapons and Tracked Combat Vehicles, 

23 Army’’, 2018/2020, $115,078,000; 

24 ‘‘Other Procurement, Army’’, 2018/2020, 

25 $5,685,000; 
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1 ‘‘Aircraft Procurement, Navy’’, 2018/2020, 

2 $68,781,000; 

3 ‘‘Other Procurement, Navy’’, 2018/2020, 

4 $4,548,000; 

5 ‘‘Procurement, Marine Corps’’, 2018/2020, 

6 $9,046,000; 

7 ‘‘Aircraft Procurement, Air Force’’, 2018/2020, 

8 $455,588,000; 

9 ‘‘Missile Procurement, Air Force’’, 2018/2020, 

10 $75,973,000; 

11 ‘‘Other Procurement, Air Force’’, 2018/2020, 

12 $26,000,000; 

13 ‘‘Missile Procurement, Army’’, 2019/2021, 

14 $67,798,000; 

15 ‘‘Weapons and Tracked Combat Vehicles, 

16 Army’’, 2019/2021, $215,946,000; 

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

18 $102,266,000; 

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

20 $190,700,000; 

21 ‘‘Procurement of Ammunition, Navy and Ma22 rine Corps’’, $22,000,000; 

23 ‘‘Shipbuilding and Conversion, Navy: DDG-51 

24 Destroyer Advance Procurement’’, 2019/2023, 

25 $102,000,000; 
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1 ‘‘Shipbuilding and Conversion, Navy: LPD-17 

2 Advance Procurement’’, 2019/2023, $102,900,000; 

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

4 $24,770,000; 

5 ‘‘Procurement, Marine Corps’’, 2019/2021, 

6 $74,756,000; 

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

8 $668,974,000; 

9 ‘‘Missile Procurement, Air Force’’, 2019/2021, 

10 $65,731,000; 

11 ‘‘Space Procurement, Air Force’’, 2019/2021, 

12 $170,300,000; 

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

14 $20,000,000; 

15 ‘‘Procurement, Defense-Wide’’, 2019/2021, 

16 $347,000,000; 

17 ‘‘Research, Development, Test and Evaluation, 

18 Army’’, 2019/2020, $186,230,000; 

19 ‘‘Research, Development, Test and Evaluation, 

20 Navy’’, 2019/2020, $105,000,000; 

21 ‘‘Research, Development, Test and Evaluation, 

22 Air Force’’, 2019/2020, $237,350,000; 

23 ‘‘Research, Development, Test and Evaluation, 

24 Defense-Wide’’, 2019/2020, $287,000,000; and 
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1 ‘‘Defense Health Program: Research, Develop2 ment, Test and Evaluation’’, 2019/2020, 

3 $26,200,000. 

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

5 may be used to reduce the authorized positions for mili6 tary technicians (dual status) of the Army National 

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

8 Reserve for the purpose of applying any administratively 

9 imposed civilian personnel ceiling, freeze, or reduction on 

10 military technicians (dual status), unless such reductions 

11 are a direct result of a reduction in military force struc12 ture. 

13 SEC. 8043. None of the funds appropriated or other14 wise made available in this Act may be obligated or ex15 pended for assistance to the Democratic People’s Republic 

16 of Korea unless specifically appropriated for that purpose: 

17 Provided, That this restriction shall not apply to any ac18 tivities incidental to the Defense POW/MIA Accounting 

19 Agency mission to recover and identify the remains of 

20 United States Armed Forces personnel from the Demo21 cratic People’s Republic of Korea. 

22 SEC. 8044. Funds appropriated in this Act for oper23 ation and maintenance of the Military Departments, Com24 batant Commands and Defense Agencies shall be available 

25 for reimbursement of pay, allowances and other expenses 
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1 which would otherwise be incurred against appropriations 

2 for the National Guard and Reserve when members of the 

3 National Guard and Reserve provide intelligence or coun4 terintelligence support to Combatant Commands, Defense 

5 Agencies and Joint Intelligence Activities, including the 

6 activities and programs included within the National Intel7 ligence Program and the Military Intelligence Program: 

8 Provided, That nothing in this section authorizes deviation 

9 from established Reserve and National Guard personnel 

10 and training procedures. 

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

12 Department of Defense for any fiscal year for drug inter13 diction or counter-drug activities may be transferred to 

14 any other department or agency of the United States ex15 cept as specifically provided in an appropriations law. 

16 (b) None of the funds available to the Central Intel17 ligence Agency for any fiscal year for drug interdiction or 

18 counter-drug activities may be transferred to any other de19 partment or agency of the United States except as specifi20 cally provided in an appropriations law. 

21 SEC. 8046. Of the amounts appropriated for ‘‘Work22 ing Capital Fund, Army’’, $145,000,000 shall be available 

23 to maintain competitive rates at the arsenals. 

24 SEC. 8047. In addition to the amounts appropriated 

25 or otherwise made available elsewhere in this Act, 
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1 $20,000,000 is hereby appropriated to the Department of 

2 Defense: Provided, That upon the determination of the 

3 Secretary of Defense that it shall serve the national inter4 est, the Secretary shall make grants in the amounts speci5 fied as follows: $20,000,000 to the United Service Organi6 zations. 

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

8 used to purchase any supercomputer which is not manu9 factured in the United States, unless the Secretary of De10 fense certifies to the congressional defense committees 

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

12 capability for national security purposes that is not avail13 able from United States manufacturers. 

14 SEC. 8049. Notwithstanding any other provision in 

15 this Act, the Small Business Innovation Research program 

16 and the Small Business Technology Transfer program set17 asides shall be taken proportionally from all programs, 

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

19 extramural budget. 

20 SEC. 8050. None of the funds available to the De21 partment of Defense under this Act shall be obligated or 

22 expended to pay a contractor under a contract with the 

23 Department of Defense for costs of any amount paid by 

24 the contractor to an employee when— 
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1 (1) such costs are for a bonus or otherwise in 

2 excess of the normal salary paid by the contractor 

3 to the employee; and 

4 (2) such bonus is part of restructuring costs as5 sociated with a business combination. 

6 (INCLUDING TRANSFER OF FUNDS)

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

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

9 under the heading ‘‘Operation and Maintenance, Defense10 Wide’’ may be transferred to appropriations available for 

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

12 be available for the same time period as the appropriations 

13 to which transferred, to be used in support of such per14 sonnel in connection with support and services for eligible 

15 organizations and activities outside the Department of De16 fense pursuant to section 2012 of title 10, United States 

17 Code. 

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

19 of an appropriation account of the Department of Defense 

20 for which the period of availability for obligation has ex21 pired or which has closed under the provisions of section 

22 1552 of title 31, United States Code, and which has a 

23 negative unliquidated or unexpended balance, an obliga24 tion or an adjustment of an obligation may be charged 
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1 to any current appropriation account for the same purpose 

2 as the expired or closed account if— 

3 (1) the obligation would have been properly 

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

5 closed account before the end of the period of avail6 ability or closing of that account; 

7 (2) the obligation is not otherwise properly 

8 chargeable to any current appropriation account of 

9 the Department of Defense; and 

10 (3) in the case of an expired account, the obli11 gation is not chargeable to a current appropriation 

12 of the Department of Defense under the provisions 

13 of section 1405(b)(8) of the National Defense Au14 thorization Act for Fiscal Year 1991, Public Law 

15 101–510, as amended (31 U.S.C. 1551 note): Pro16 vided, That in the case of an expired account, if sub17 sequent review or investigation discloses that there 

18 was not in fact a negative unliquidated or unex19 pended balance in the account, any charge to a cur20 rent account under the authority of this section shall 

21 be reversed and recorded against the expired ac22 count: Provided further, That the total amount 

23 charged to a current appropriation under this sec24 tion may not exceed an amount equal to 1 percent 

25 of the total appropriation for that account: 
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1 Provided, That the Under Secretary of Defense (Comp2 troller) shall include with the budget of the President for 

3 fiscal year 2021 (as submitted to Congress pursuant to 

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

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

6 years 2015 through 2020 in which the authority in this 

7 section was exercised. 

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

9 of law, the Chief of the National Guard Bureau may per10 mit the use of equipment of the National Guard Distance 

11 Learning Project by any person or entity on a space-avail12 able, reimbursable basis. The Chief of the National Guard 

13 Bureau shall establish the amount of reimbursement for 

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

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

16 credited to funds available for the National Guard Dis17 tance Learning Project and be available to defray the costs 

18 associated with the use of equipment of the project under 

19 that subsection. Such funds shall be available for such 

20 purposes without fiscal year limitation. 

21 (INCLUDING TRANSFER OF FUNDS)

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

23 under the heading ‘‘Operation and Maintenance, Defense24 wide’’, $35,000,000 shall be for continued implementation 

25 and expansion of the Sexual Assault Special Victims’ 
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1 Counsel Program: Provided, That the funds are made 

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

3 Department of the Navy, and the Department of the Air 

4 Force: Provided further, That funds transferred shall be 

5 merged with and available for the same purposes and for 

6 the same time period as the appropriations to which the 

7 funds are transferred: Provided further, That this transfer 

8 authority is in addition to any other transfer authority 

9 provided in this Act. 

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

11 IV of this Act may be used to procure end-items for deliv12 ery to military forces for operational training, operational 

13 use or inventory requirements: Provided, That this restric14 tion does not apply to end-items used in development, 

15 prototyping, and test activities preceding and leading to 

16 acceptance for operational use: Provided further, That the 

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

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

19 2021 pursuant to section 1105 of title 31, United States 

20 Code, submit to the congressional defense committees a 

21 report detailing the use of funds requested in research, 

22 development, test and evaluation accounts for end-items 

23 used in development, prototyping and test activities pre24 ceding and leading to acceptance for operational use: Pro25 vided further, That the report shall set forth, for each end- 
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1 item covered by the preceding proviso, a detailed list of 

2 the statutory authorities under which amounts in the ac3 counts described in that proviso were used for such item: 

4 Provided further, That this restriction does not apply to 

5 programs funded within the National Intelligence Pro6 gram: Provided further, That the Secretary of Defense 

7 may waive this restriction on a case-by-case basis by certi8 fying in writing to the Committees on Appropriations of 

9 the House of Representatives and the Senate that it is 

10 in the national security interest to do so. 

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

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

13 each limitation on the procurement of defense items from 

14 foreign sources provided in law if the Secretary determines 

15 that the application of the limitation with respect to that 

16 country would invalidate cooperative programs entered 

17 into between the Department of Defense and the foreign 

18 country, or would invalidate reciprocal trade agreements 

19 for the procurement of defense items entered into under 

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

21 country does not discriminate against the same or similar 

22 defense items produced in the United States for that coun23 try. 

24 (b) Subsection (a) applies with respect to— 
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1 (1) contracts and subcontracts entered into on 

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

3 (2) options for the procurement of items that 

4 are exercised after such date under contracts that 

5 are entered into before such date if the option prices 

6 are adjusted for any reason other than the applica7 tion of a waiver granted under subsection (a). 

8 (c) Subsection (a) does not apply to a limitation re9 garding construction of public vessels, ball and roller bear10 ings, food, and clothing or textile materials as defined by 

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

12 Schedule of the United States and products classified 

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

14 6505, 7019, 7218 through 7229, 7304.41 through 

15 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

16 8211, 8215, and 9404. 

17 SEC. 8057. None of the funds appropriated or other18 wise made available by this or other Department of De19 fense Appropriations Acts may be obligated or expended 

20 for the purpose of performing repairs or maintenance to 

21 military family housing units of the Department of De22 fense, including areas in such military family housing 

23 units that may be used for the purpose of conducting offi24 cial Department of Defense business. 
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1 SEC. 8058. Notwithstanding any other provision of 

2 law, funds appropriated in this Act under the heading 

3 ‘‘Research, Development, Test and Evaluation, Defense4 Wide’’ for any new start advanced concept technology 

5 demonstration project or joint capability demonstration 

6 project may only be obligated 45 days after a report, in7 cluding a description of the project, the planned acquisi8 tion and transition strategy and its estimated annual and 

9 total cost, has been provided in writing to the congres10 sional defense committees: Provided, That the Secretary 

11 of Defense may waive this restriction on a case-by-case 

12 basis by certifying to the congressional defense committees 

13 that it is in the national interest to do so. 

14 SEC. 8059. The Secretary of Defense shall continue 

15 to provide a classified quarterly report to the House and 

16 Senate Appropriations Committees, Subcommittees on 

17 Defense on certain matters as directed in the classified 

18 annex accompanying this Act. 

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

20 10, United States Code, a Reserve who is a member of 

21 the National Guard serving on full-time National Guard 

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

23 may perform duties in support of the ground-based ele24 ments of the National Ballistic Missile Defense System. 
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1 SEC. 8061. None of the funds provided in this Act 

2 may be used to transfer to any nongovernmental entity 

3 ammunition held by the Department of Defense that has 

4 a center-fire cartridge and a United States military no5 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

8 entity performing demilitarization services for the Depart9 ment of Defense under a contract that requires the entity 

10 to demonstrate to the satisfaction of the Department of 

11 Defense that armor piercing projectiles are either: (1) ren12 dered incapable of reuse by the demilitarization process; 

13 or (2) used to manufacture ammunition pursuant to a con14 tract with the Department of Defense or the manufacture 

15 of ammunition for export pursuant to a License for Per16 manent Export of Unclassified Military Articles issued by 

17 the Department of State. 

18 SEC. 8062. Notwithstanding any other provision of 

19 law, the Chief of the National Guard Bureau, or his des20 ignee, may waive payment of all or part of the consider21 ation that otherwise would be required under section 2667 

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

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

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

25 United States Code, or any other youth, social, or fra-
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1 ternal nonprofit organization as may be approved by the 

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

3 a case-by-case basis. 

4 (INCLUDING TRANSFER OF FUNDS)

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

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

7 $138,103,000 shall remain available until expended: Pro8 vided, That, notwithstanding any other provision of law, 

9 the Secretary of Defense is authorized to transfer such 

10 funds to other activities of the Federal Government: Pro11 vided further, That the Secretary of Defense is authorized 

12 to enter into and carry out contracts for the acquisition 

13 of real property, construction, personal services, and oper14 ations related to projects carrying out the purposes of this 

15 section: Provided further, That contracts entered into 

16 under the authority of this section may provide for such 

17 indemnification as the Secretary determines to be nec18 essary: Provided further, That projects authorized by this 

19 section shall comply with applicable Federal, State, and 

20 local law to the maximum extent consistent with the na21 tional security, as determined by the Secretary of Defense. 

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

23 or any other Act may be used to take any action to mod24 ify— 
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1 (1) the appropriations account structure for the 

2 National Intelligence Program budget, including 

3 through the creation of a new appropriation or new 

4 appropriation account; 

5 (2) how the National Intelligence Program 

6 budget request is presented in the unclassified P–1, 

7 R–1, and O–1 documents supporting the Depart8 ment of Defense budget request; 

9 (3) the process by which the National Intel10 ligence Program appropriations are apportioned to 

11 the executing agencies; or 

12 (4) the process by which the National Intel13 ligence Program appropriations are allotted, obli14 gated and disbursed. 

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

16 prohibit the merger of programs or changes to the Na17 tional Intelligence Program budget at or below the Ex18 penditure Center level, provided such change is otherwise 

19 in accordance with paragraphs (a)(1)–(3). 

20 (c) The Director of National Intelligence and the Sec21 retary of Defense may jointly, only for the purposes of 

22 achieving auditable financial statements and improving 

23 fiscal reporting, study and develop detailed proposals for 

24 alternative financial management processes. Such study 

25 shall include a comprehensive counterintelligence risk as-
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1 sessment to ensure that none of the alternative processes 

2 will adversely affect counterintelligence. 

3 (d) Upon development of the detailed proposals de4 fined under subsection (c), the Director of National Intel5 ligence and the Secretary of Defense shall— 

6 (1) provide the proposed alternatives to all af7 fected agencies; 

8 (2) receive certification from all affected agen9 cies attesting that the proposed alternatives will help 

10 achieve auditability, improve fiscal reporting, and 

11 will not adversely affect counterintelligence; and 

12 (3) not later than 30 days after receiving all 

13 necessary certifications under paragraph (2), present 

14 the proposed alternatives and certifications to the 

15 congressional defense and intelligence committees. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8065. Of the amounts appropriated for ‘‘Oper18 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

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

20 Public Service Development Trust Fund established under 

21 section 116 of the John C. Stennis Center for Public Serv22 ice Training and Development Act (2 U.S.C. 1105). 

23 SEC. 8066. None of the funds available to the De24 partment of Defense may be obligated to modify command 

25 and control relationships to give Fleet Forces Command 
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1 operational and administrative control of United States 

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

3 the command and control relationships which existed on 

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

5 modification has been proposed to the House and Senate 

6 Appropriations Committees: Provided further, That the 

7 proposed modification may be implemented 30 days after 

8 the notification unless an objection is received from either 

9 the House or Senate Appropriations Committees: Provided 

10 further, That any proposed modification shall not preclude 

11 the ability of the commander of United States Indo-Pacific 

12 Command to meet operational requirements. 

13 SEC. 8067. Any notice that is required to be sub14 mitted to the Committees on Appropriations of the Senate 

15 and the House of Representatives 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 Sen21 ate and the House of Representatives. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8068. Of the amounts appropriated in this Act 

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

25 ‘‘Research, Development, Test and Evaluation, Defense- 
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1 Wide’’, $500,000,000 shall be for the Israeli Cooperative 

2 Programs: Provided, That of this amount, $95,000,000 

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; $191,000,000 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; $55,000,000 shall 

16 be for an upper-tier component to the Israeli Missile De17 fense Architecture, of which $55,000,000 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 $159,000,000 shall be for the Arrow System Improve24 ment Program including development of a long range, 

25 ground and airborne, detection suite: Provided further, 
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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. 8069. Of the amounts appropriated in this Act 

6 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

7 $104,700,000 shall be available until September 30, 2020, 

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’’, 2016/2020: Littoral Combat Ship 

17 $14,000,000; 

18 (2) Under the heading ‘‘Shipbuilding and Con19 version, Navy’’, 2016/2020: Expeditionary Sea Base 

20 $38,000,000; 

21 (3) Under the heading ‘‘Shipbuilding and Con22 version, Navy’’, 2018/2020: TAO Fleet Oiler 

23 $3,700,000; and 
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1 (4) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2019/2020: Expeditionary Fast 

3 Transport $49,000,000. 

4 SEC. 8070. Funds appropriated by this Act, or made 

5 available by the transfer of funds in this Act, for intel6 ligence activities are deemed to be specifically authorized 

7 by the Congress for purposes of section 504 of the Na8 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

9 year 2020 until the enactment of the Intelligence Author10 ization Act for Fiscal Year 2020. 

11 SEC. 8071. None of the funds provided in this Act 

12 shall be available for obligation or expenditure through a 

13 reprogramming of funds that creates or initiates a new 

14 program, project, or activity unless such program, project, 

15 or activity must be undertaken immediately in the interest 

16 of national security and only after written prior notifica17 tion to the congressional defense committees. 

18 SEC. 8072. The budget of the President for fiscal 

19 year 2021 submitted to the Congress pursuant to section 

20 1105 of title 31, United States Code, shall include sepa21 rate budget justification documents for costs of United 

22 States Armed Forces’ participation in contingency oper23 ations for the Military Personnel accounts, the Operation 

24 and Maintenance accounts, the Procurement accounts, 

25 and the Research, Development, Test and Evaluation ac-
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1 counts: Provided, That these documents shall include a de2 scription of the funding requested for each contingency op3 eration, for each military service, to include all Active and 

4 Reserve components, and for each appropriations account: 

5 Provided further, That these documents shall include esti6 mated costs for each element of expense or object class, 

7 a reconciliation of increases and decreases for each contin8 gency operation, and programmatic data including, but 

9 not limited to, troop strength for each Active and Reserve 

10 component, and estimates of the major weapons systems 

11 deployed in support of each contingency: Provided further, 

12 That these documents shall include budget exhibits OP– 

13 5 and OP–32 (as defined in the Department of Defense 

14 Financial Management Regulation) for all contingency op15 erations for the budget year and the two preceding fiscal 

16 years. 

17 SEC. 8073. None of the funds in this Act may be 

18 used for research, development, test, evaluation, procure19 ment or deployment of nuclear armed interceptors of a 

20 missile defense system. 

21 SEC. 8074. The Secretary of Defense may use up to 

22 $800,000,000 of the amounts appropriated or otherwise 

23 made available in this Act to the Department of Defense 

24 for the rapid acquisition and deployment of supplies and 

25 associated support services pursuant to section 806 of the 
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1 Bob Stump National Defense Authorization Act for Fiscal 

2 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note): 

3 Provided, That the Secretary of Defense shall notify the 

4 congressional defense committees promptly of all uses of 

5 this authority. 

6 SEC. 8075. None of the funds appropriated or made 

7 available in this Act shall be used to reduce or disestablish 

8 the operation of the 53rd Weather Reconnaissance Squad9 ron of the Air Force Reserve, if such action would reduce 

10 the WC–130 Weather Reconnaissance mission below the 

11 levels funded in this Act: Provided, That the Air Force 

12 shall allow the 53rd Weather Reconnaissance Squadron to 

13 perform other missions in support of national defense re14 quirements during the non-hurricane season. 

15 SEC. 8076. None of the funds provided in this Act 

16 shall be available for integration of foreign intelligence in17 formation unless the information has been lawfully col18 lected and processed during the conduct of authorized for19 eign intelligence activities: Provided, That information 

20 pertaining to United States persons shall only be handled 

21 in accordance with protections provided in the Fourth 

22 Amendment of the United States Constitution as imple23 mented through Executive Order No. 12333. 

24 SEC. 8077. (a) None of the funds appropriated by 

25 this Act may be used to transfer research and develop-
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1 ment, acquisition, or other program authority relating to 

2 current tactical unmanned aerial vehicles (TUAVs) from 

3 the Army. 

4 (b) The Army shall retain responsibility for and oper5 ational control of the MQ–1C Gray Eagle Unmanned Aer6 ial Vehicle (UAV) in order to support the Secretary of De7 fense in matters relating to the employment of unmanned 

8 aerial vehicles. 

9 SEC. 8078. None of the funds appropriated by this 

10 Act for programs of the Office of the Director of National 

11 Intelligence shall remain available for obligation beyond 

12 the current fiscal year, except for funds appropriated for 

13 research and technology, which shall remain available until 

14 September 30, 2021. 

15 SEC. 8079. For purposes of section 1553(b) of title 

16 31, United States Code, any subdivision of appropriations 

17 made in this Act under the heading ‘‘Shipbuilding and 

18 Conversion, Navy’’ shall be considered to be for the same 

19 purpose as any subdivision under the heading ‘‘Ship20 building and Conversion, Navy’’ appropriations in any 

21 prior fiscal year, and the 1 percent limitation shall apply 

22 to the total amount of the appropriation. 

23 SEC. 8080. (a) Not later than 60 days after the date 

24 of enactment of this Act, the Director of National Intel25 ligence shall submit a report to the congressional intel-
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1 ligence committees to establish the baseline for application 

2 of reprogramming and transfer authorities for fiscal year 

3 2020: Provided, That the report shall include— 

4 (1) a table for each appropriation with a sepa5 rate column to display the President’s budget re6 quest, adjustments made by Congress, adjustments 

7 due to enacted rescissions, if appropriate, and the 

8 fiscal year enacted level; 

9 (2) a delineation in the table for each appro10 priation by Expenditure Center and project; and 

11 (3) an identification of items of special congres12 sional interest. 

13 (b) None of the funds provided for the National Intel14 ligence Program in this Act shall be available for re15 programming or transfer until the report identified in sub16 section (a) is submitted to the congressional intelligence 

17 committees, unless the Director of National Intelligence 

18 certifies in writing to the congressional intelligence com19 mittees that such reprogramming or transfer is necessary 

20 as an emergency requirement. 

21 SEC. 8081. Notwithstanding any other provision of 

22 law, any transfer of funds, appropriated or otherwise made 

23 available by this Act, for support to friendly foreign coun24 tries in connection with the conduct of operations in which 

25 the United States is not participating, pursuant to section 
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1 331(d) of title 10, United States Code, shall be made in 

2 accordance with sections 8005 or 9002 of this Act, as ap3 plicable. 

4 SEC. 8082. Any transfer of amounts appropriated to, 

5 credited to, or deposited in the Department of Defense Ac6 quisition Workforce Development Fund in or for fiscal 

7 year 2020 to a military department or Defense Agency 

8 pursuant to section 1705(e)(1) of title 10, United States 

9 Code, shall be covered by and subject to sections 8005 or 

10 9002 of this Act, as applicable. 

11 SEC. 8083. None of the funds made available by this 

12 Act for excess defense articles, assistance under section 

13 333 of title 10, United States Code, or peacekeeping oper14 ations for the countries designated annually to be in viola15 tion of the standards of the Child Soldiers Prevention Act 

16 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 

17 be used to support any military training or operation that 

18 includes child soldiers, as defined by the Child Soldiers 

19 Prevention Act of 2008, unless such assistance is other20 wise permitted under section 404 of the Child Soldiers 

21 Prevention Act of 2008. 

22 SEC. 8084. (a) None of the funds provided for the 

23 National Intelligence Program in this or any prior appro24 priations Act shall be available for obligation or expendi25 ture through a reprogramming or transfer of funds in ac-
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1 cordance with section 102A(d) of the National Security 

2 Act of 1947 (50 U.S.C. 3024(d)) that— 

3 (1) creates a new start effort; 

4 (2) terminates a program with appropriated 

5 funding of $10,000,000 or more; 

6 (3) transfers funding into or out of the Na7 tional Intelligence Program; or 

8 (4) transfers funding between appropriations, 

9 unless the congressional intelligence committees are 

10 notified 30 days in advance of such reprogramming 

11 of funds; this notification period may be reduced for 

12 urgent national security requirements. 

13 (b) None of the funds provided for the National Intel14 ligence Program in this or any prior appropriations Act 

15 shall be available for obligation or expenditure through a 

16 reprogramming or transfer of funds in accordance with 

17 section 102A(d) of the National Security Act of 1947 (50 

18 U.S.C. 3024(d)) that results in a cumulative increase or 

19 decrease of the levels specified in the classified annex ac20 companying the Act unless the congressional intelligence 

21 committees are notified 30 days in advance of such re22 programming of funds; this notification period may be re23 duced for urgent national security requirements. 

24 SEC. 8085. Funds made available by this Act for 

25 Space Procurement, Air Force, National Security Space 
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1 Launch, shall be used to award no more than two Phase 

2 2 competitive launch service procurement contracts for a 

3 total of no less than 34 and no more than 54 launch serv4 ices. 

5 SEC. 8086. For the purposes of this Act, the term 

6 ‘‘congressional intelligence committees’’ means the Perma7 nent Select Committee on Intelligence of the House of 

8 Representatives, the Select Committee on Intelligence of 

9 the Senate, the Subcommittee on Defense of the Com10 mittee on Appropriations of the House of Representatives, 

11 and the Subcommittee on Defense of the Committee on 

12 Appropriations of the Senate. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8087. During the current fiscal year, not to ex15 ceed $11,000,000 from each of the appropriations made 

16 in title II of this Act for ‘‘Operation and Maintenance, 

17 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper18 ation and Maintenance, Air Force’’ may be transferred by 

19 the military department concerned to its central fund es20 tablished for Fisher Houses and Suites pursuant to sec21 tion 2493(d) of title 10, United States Code. 

22 SEC. 8088. None of the funds appropriated by this 

23 Act may be available for the purpose of making remit24 tances to the Department of Defense Acquisition Work-
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1 force Development Fund in accordance with section 1705 

2 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 
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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 subcon-
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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. 
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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 $127,000,000, 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 De-
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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 $1,500,000,000 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, 2020. 
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1 SEC. 8095. None of the funds appropriated or other2 wise made available in this or any other Act may be used 

3 to transfer, release, or assist in the transfer or release to 

4 or within the United States, its territories, or possessions 

5 Khalid Sheikh Mohammed or any other detainee who— 

6 (1) is not a United States citizen or a member 

7 of the Armed Forces of the United States; and 

8 (2) is or was held on or after June 24, 2009, 

9 at United States Naval Station, Guanta ́namo Bay, 

10 Cuba, by the Department of Defense. 

11 SEC. 8096. None of the funds appropriated or other12 wise made available in this Act may be used to transfer 

13 any individual detained at United States Naval Station 

14 Guanta ́namo Bay, Cuba, to the custody or control of the 

15 individual’s country of origin, any other foreign country, 

16 or any other foreign entity except in accordance with sec17 tion 1034 of the National Defense Authorization Act for 

18 Fiscal Year 2016 (Public Law 114–92) and section 1035 

19 of the John S. McCain National Defense Authorization 

20 Act for Fiscal Year 2019 (Public Law 115–232). 

21 SEC. 8097. None of the funds made available by this 

22 Act may be used in contravention of the War Powers Res23 olution (50 U.S.C. 1541 et seq.). 

24 SEC. 8098. (a) None of the funds appropriated or 

25 otherwise made available by this or any other Act may 
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1 be used by the Secretary of Defense, or any other official 

2 or officer of the Department of Defense, to enter into a 

3 contract, memorandum of understanding, or cooperative 

4 agreement with, or make a grant to, or provide a loan 

5 or loan guarantee to Rosoboronexport or any subsidiary 

6 of Rosoboronexport. 

7 (b) The Secretary of Defense may waive the limita8 tion in subsection (a) if the Secretary, in consultation with 

9 the Secretary of State and the Director of National Intel10 ligence, determines that it is in the vital national security 

11 interest of the United States to do so, and certifies in writ12 ing to the congressional defense committees that, to the 

13 best of the Secretary’s knowledge: 

14 (1) Rosoboronexport has ceased the transfer of 

15 lethal military equipment to, and the maintenance of 

16 existing lethal military equipment for, the Govern17 ment of the Syrian Arab Republic; 

18 (2) The armed forces of the Russian Federation 

19 have withdrawn from Crimea, other than armed 

20 forces present on military bases subject to agree21 ments in force between the Government of the Rus22 sian Federation and the Government of Ukraine; 

23 and 

24 (3) Agents of the Russian Federation have 

25 ceased taking active measures to destabilize the con-
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1 trol of the Government of Ukraine over eastern 

2 Ukraine. 

3 (c) The Inspector General of the Department of De4 fense shall conduct a review of any action involving 

5 Rosoboronexport with respect to a waiver issued by the 

6 Secretary of Defense pursuant to subsection (b), and not 

7 later than 90 days after the date on which such a waiver 

8 is issued by the Secretary of Defense, the Inspector Gen9 eral shall submit to the congressional defense committees 

10 a report containing the results of the review conducted 

11 with respect to such waiver. 

12 SEC. 8099. (a) None of the funds appropriated or 

13 otherwise made available in this or any other Act may be 

14 used to construct, acquire, or modify any facility in the 

15 United States, its territories, or possessions to house any 

16 individual described in subsection (c) for the purposes of 

17 detention or imprisonment in the custody or under the ef18 fective control of the Department of Defense. 

19 (b) The prohibition in subsection (a) shall not apply 

20 to any modification of facilities at United States Naval 

21 Station, Guanta ́namo Bay, Cuba. 

22 (c) An individual described in this subsection is any 

23 individual who, as of June 24, 2009, is located at United 

24 States Naval Station, Guanta ́namo Bay, Cuba, and who— 
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1 (1) is not a citizen of the United States or a 

2 member of the Armed Forces of the United States; 

3 and 

4 (2) is— 

5 (A) in the custody or under the effective 

6 control of the Department of Defense; or 

7 (B) otherwise under detention at United 

8 States Naval Station, Guanta ́namo Bay, Cuba. 

9 SEC. 8100. (a) Of the funds appropriated in this Act 

10 for the Department of Defense, amounts should be made 

11 available, under such regulations as the Secretary of De12 fense may prescribe, to local military commanders ap13 pointed by the Secretary, or by an officer or employee des14 ignated by the Secretary, to provide at their discretion ex 

15 gratia payments in amounts consistent with subsection (d) 

16 of this section for damage, personal injury, or death that 

17 is incident to combat operations of the Armed Forces in 

18 a foreign country. 

19 (b) An ex gratia payment under this section may be 

20 provided only if— 

21 (1) the prospective foreign civilian recipient is 

22 determined by the local military commander to be 

23 friendly to the United States; 

24 (2) a claim for damages would not be compen25 sable under chapter 163 of title 10, United States 
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1 Code (commonly known as the ‘‘Foreign Claims 

2 Act’’); and 

3 (3) the property damage, personal injury, or 

4 death was not caused by action by an enemy. 

5 (c) Any payments provided under a program under 

6 subsection (a) shall not be considered an admission or ac7 knowledgement of any legal obligation to compensate for 

8 any damage, personal injury, or death. 

9 (d) If the Secretary of Defense determines a program 

10 under subsection (a) to be appropriate in a particular set11 ting, the amounts of payments, if any, to be provided to 

12 civilians determined to have suffered harm incident to 

13 combat operations of the Armed Forces under the pro14 gram should be determined pursuant to regulations pre15 scribed by the Secretary and based on an assessment, 

16 which should include such factors as cultural appropriate17 ness and prevailing economic conditions. 

18 (e) Local military commanders shall receive legal ad19 vice before making ex gratia payments under this sub20 section. The legal advisor, under regulations of the De21 partment of Defense, shall advise on whether an ex gratia 

22 payment is proper under this section and applicable De23 partment of Defense regulations. 

24 (f) A written record of any ex gratia payment offered 

25 or denied shall be kept by the local commander and on 
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1 a timely basis submitted to the appropriate office in the 

2 Department of Defense as determined by the Secretary 

3 of Defense. 

4 (g) The Secretary of Defense shall report to the con5 gressional defense committees on an annual basis the effi6 cacy of the ex gratia payment program including the num7 ber of types of cases considered, amounts offered, the re8 sponse from ex gratia payment recipients, and any rec9 ommended modifications to the program. 

10 SEC. 8101. The Secretary of Defense shall post grant 

11 awards on a public Website in a searchable format. 

12 SEC. 8102. The Secretary of each military depart13 ment, in reducing each research, development, test and 

14 evaluation and procurement account of the military de15 partment as required under paragraph (1) of section 

16 828(d) of the National Defense Authorization Act for Fis17 cal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), 

18 as amended by section 825(a)(3) of the National Defense 

19 Authorization Act for Fiscal Year 2018, shall allocate the 

20 percentage reduction determined under paragraph (2) of 

21 such section 828(d) proportionally from all programs, 

22 projects, or activities under such account: Provided, That 

23 the authority under section 804(d)(2) of the National De24 fense Authorization Act for Fiscal Year 2016 (Public Law 

25 114–92; 10 U.S.C. 2302 note) to transfer amounts avail-
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1 able in the Rapid Prototyping Fund shall be subject to 

2 section 8005 or 9002 of this Act, as applicable. 

3 SEC. 8103. None of the funds made available by this 

4 Act may be used by the National Security Agency to— 

5 (1) conduct an acquisition pursuant to section 

6 702 of the Foreign Intelligence Surveillance Act of 

7 1978 for the purpose of targeting a United States 

8 person; or 

9 (2) acquire, monitor, or store the contents (as 

10 such term is defined in section 2510(8) of title 18, 

11 United States Code) of any electronic communica12 tion of a United States person from a provider of 

13 electronic communication services to the public pur14 suant to section 501 of the Foreign Intelligence Sur15 veillance Act of 1978. 

16 SEC. 8104. None of the funds made available in this 

17 or any other Act may be used to pay the salary of any 

18 officer or employee of any agency funded by this Act who 

19 approves or implements the transfer of administrative re20 sponsibilities or budgetary resources of any program, 

21 project, or activity financed by this Act to the jurisdiction 

22 of another Federal agency not financed by this Act with23 out the express authorization of Congress: Provided, That 

24 this limitation shall not apply to transfers of funds ex25 pressly provided for in Defense Appropriations Acts, or 
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1 provisions of Acts providing supplemental appropriations 

2 for the Department of Defense. 

3 SEC. 8105. Of the amounts appropriated in this Act 

4 for ‘‘Operation and Maintenance, Navy’’, $352,044,000, 

5 to remain available until expended, may be used for any 

6 purposes related to the National Defense Reserve Fleet 

7 established under section 11 of the Merchant Ship Sales 

8 Act of 1946 (50 U.S.C. 4405): Provided, That such 

9 amounts are available for reimbursements to the Ready 

10 Reserve Force, Maritime Administration account of the 

11 United States Department of Transportation for pro12 grams, projects, activities, and expenses related to the Na13 tional Defense Reserve Fleet. 

14 SEC. 8106. None of the funds made available in this 

15 Act may be obligated for activities authorized under sec16 tion 1208 of the Ronald W. Reagan National Defense Au17 thorization Act for Fiscal Year 2005 (Public Law 112– 

18 81; 125 Stat. 1621) to initiate support for, or expand sup19 port to, foreign forces, irregular forces, groups, or individ20 uals unless the congressional defense committees are noti21 fied in accordance with the direction contained in the clas22 sified annex accompanying this Act, not less than 15 days 

23 before initiating such support: Provided, That none of the 

24 funds made available in this Act may be used under sec25 tion 1208 for any activity that is not in support of an 
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1 ongoing military operation being conducted by United 

2 States Special Operations Forces to combat terrorism: 

3 Provided further, That the Secretary of Defense may waive 

4 the prohibitions in this section if the Secretary determines 

5 that such waiver is required by extraordinary cir6 cumstances and, by not later than 72 hours after making 

7 such waiver, notifies the congressional defense committees 

8 of such waiver. 

9 SEC. 8107. The Secretary of Defense, in consultation 

10 with the Service Secretaries, shall submit two reports to 

11 the congressional defense committees, not later than 

12 March 1, 2020, and not later than September 1, 2020, 

13 detailing the submission of records during the previous 6 

14 months to databases accessible to the National Instant 

15 Criminal Background Check System (NICS), including 

16 the Interstate Identification Index (III), the National 

17 Crime Information Center (NCIC), and the NICS Index, 

18 as required by Public Law 110–180: Provided, That such 

19 reports shall provide the number and category of records 

20 submitted by month to each such database, by Service or 

21 Component: Provided further, That such reports shall 

22 identify the number and category of records submitted by 

23 month to those databases for which the Identification for 

24 Firearm Sales (IFFS) flag or other database flags were 

25 used to pre-validate the records and indicate that such 
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1 persons are prohibited from receiving or possessing a fire2 arm: Provided further, That such reports shall describe the 

3 steps taken during the previous 6 months, by Service or 

4 Component, to ensure complete and accurate submission 

5 and appropriate flagging of records of individuals prohib6 ited from gun possession or receipt pursuant to 18 U.S.C. 

7 922(g) or (n) including applicable records involving pro8 ceedings under the Uniform Code of Military Justice. 

9 SEC. 8108. None of the funds provided in this Act 

10 for the TAO Fleet Oiler program shall be used to award 

11 a new contract that provides for the acquisition of the fol12 lowing components unless those components are manufac13 tured in the United States: Auxiliary equipment (including 

14 pumps) for shipboard services; propulsion equipment (in15 cluding engines, reduction gears, and propellers); ship16 board cranes; and spreaders for shipboard cranes. 

17 SEC. 8109. No amounts credited or otherwise made 

18 available in this or any other Act to the Department of 

19 Defense Acquisition Workforce Development Fund may be 

20 transferred to: 

21 (1) the Rapid Prototyping Fund established 

22 under section 804(d) of the National Defense Au23 thorization Act for Fiscal Year 2016 (10 U.S.C. 

24 2302 note); or 
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1 (2) credited to a military-department specific 

2 fund established under section 804(d)(2) of the Na3 tional Defense Authorization Act for Fiscal Year 

4 2016 (as amended by section 897 of the National 

5 Defense Authorization Act for Fiscal Year 2017). 

6 SEC. 8110. Notwithstanding any other provision of 

7 law, from funds made available to the Department of De8 fense in title II of this Act under the heading ‘‘Operation 

9 and Maintenance, Defense-Wide’’, $15,000,000 shall be 

10 available for a project in a country designated by the Sec11 retary of Defense: Provided, That in furtherance of the 

12 project, the Department of Defense is authorized to ac13 quire services, including services performed pursuant to 

14 a grant agreement, from another Federal agency, on an 

15 advance of funds or reimbursable basis: Provided further, 

16 That an order for services placed under this section is 

17 deemed to be an obligation in the same manner that a 

18 similar order placed under a contract with a private con19 tractor is an obligation. 

20 SEC. 8111. None of the funds appropriated by this 

21 Act may be made available to deliver F–35 aircraft to the 

22 Republic of Turkey, except in accordance with section 

23 1282 of the John S. McCain National Defense Authoriza24 tion Act for Fiscal Year 2019 (Public Law 115–232). 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8112. Of the amounts appropriated in this Act, 

3 the Secretary of Defense may use up to $82,046,000 

4 under the heading ‘‘Operation and Maintenance, Defense5 Wide’’, and up to $44,001,000 under the heading ‘‘Re6 search, Development, Test and Evaluation, Defense7 Wide’’ to develop, replace, and sustain Federal Govern8 ment security and suitability background investigation in9 formation technology systems of the Office of Personnel 

10 Management or other Federal agency responsible for con11 ducting such investigations: Provided, That the Secretary 

12 may transfer additional amounts into these headings or 

13 into ‘‘Procurement, Defense-Wide’’ using established re14 programming procedures prescribed in the Department of 

15 Defense Financial Management Regulation 7000.14, Vol16 ume 3, Chapter 6, dated September 2015: Provided fur17 ther, That such funds shall supplement, not supplant any 

18 other amounts made available to other Federal agencies 

19 for such purposes. 

20 SEC. 8113. (a) None of the funds made available in 

21 this Act may be used to maintain or establish a computer 

22 network unless such network is designed to block access 

23 to pornography websites. 

24 (b) Nothing in subsection (a) shall limit the use of 

25 funds necessary for any Federal, State, tribal, or local law 
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1 enforcement agency or any other entity carrying out crimi2 nal investigations, prosecution, or adjudication activities, 

3 or for any activity necessary for the national defense, in4 cluding intelligence activities. 

5 SEC. 8114. Notwithstanding any other provision of 

6 law, any transfer of funds appropriated or otherwise made 

7 available by this Act to the Global Engagement Center es8 tablished by section 1287 of the National Defense Author9 ization Act for Fiscal Year 2017 (Public Law 114–328; 

10 130 Stat. 22 U.S.C. 2656 note) shall be made in accord11 ance with section 8005 or 9002 of this Act, as applicable, 

12 but only after the amount so transferred exceeds 

13 $20,000,000, the amount appropriated in this Act for the 

14 Global Engagement Center. 

15 SEC. 8115. None of the funds made available by this 

16 Act may be used to carry out the closure or realignment 

17 of the United States Naval Station, Guanta ́namo Bay, 

18 Cuba. 

19 SEC. 8116. None of the funds provided for, or other20 wise made available, in this or any other Act, may be obli21 gated or expended by the Secretary of Defense to provide 

22 motorized vehicles, aviation platforms, munitions other 

23 than small arms and munitions appropriate for customary 

24 ceremonial honors, operational military units, or oper25 ational military platforms if the Secretary determines that 
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1 providing such units, platforms, or equipment would un2 dermine the readiness of such units, platforms, or equip3 ment. 

4 SEC. 8117. (a) None of the funds made available by 

5 this or any other Act may be used to enter into a contract, 

6 memorandum of understanding, or cooperative agreement 

7 with, make a grant to, or provide a loan or loan guarantee 

8 to any corporation that has any unpaid Federal tax liabil9 ity that has been assessed, for which all judicial and ad10 ministrative remedies have been exhausted or have lapsed, 

11 and that is not being paid in a timely manner pursuant 

12 to an agreement with the authority responsible for col13 lecting such tax liability, provided that the applicable Fed14 eral agency is aware of the unpaid Federal tax liability. 

15 (b) Subsection (a) shall not apply if the applicable 

16 Federal agency has considered suspension or debarment 

17 of the corporation described in such subsection and has 

18 made a determination that such suspension or debarment 

19 is not necessary to protect the interests of the Federal 

20 Government. 

21 SEC. 8118. During fiscal year 2020, any advance bill22 ing for background investigation services and related serv23 ices purchased from activities financed using Defense 

24 Working Capital Funds shall be excluded from the calcula-
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1 tion of cumulative advance billings under section 

2 2208(l)(3) of title 10, United States Code. 
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1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $2,743,132,000: Provided, That such amount is 

7 designated by the Congress for Overseas Contingency Op8 erations/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 MILITARY PERSONNEL, NAVY

12 For an additional amount for ‘‘Military Personnel, 

13 Navy’’, $356,392,000: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/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 MILITARY PERSONNEL, MARINE CORPS

19 For an additional amount for ‘‘Military Personnel, 

20 Marine Corps’’, $104,213,000: 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. 
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1 MILITARY PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Military Personnel, 

3 Air Force’’, $1,007,594,000: Provided, That such amount 

4 is designated by the Congress for Overseas Contingency 

5 Operations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 RESERVE PERSONNEL, ARMY

9 For an additional amount for ‘‘Reserve Personnel, 

10 Army’’, $34,812,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/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, NAVY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Navy’’, $11,370,000: 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, MARINE CORPS

23 For an additional amount for ‘‘Reserve Personnel, 

24 Marine Corps’’, $3,599,000: Provided, That such amount 

25 is designated by the Congress for Overseas Contingency 
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1 Operations/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, AIR FORCE

5 For an additional amount for ‘‘Reserve Personnel, 

6 Air Force’’, $16,428,000: Provided, That such amount is 

7 designated by the Congress for Overseas Contingency Op8 erations/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 NATIONAL GUARD PERSONNEL, ARMY

12 For an additional amount for ‘‘National Guard Per13 sonnel, Army’’, $202,644,000: Provided, That such 

14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 

16 section 251(b)(2)(A)(ii) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 NATIONAL GUARD PERSONNEL, AIR FORCE

19 For an additional amount for ‘‘National Guard Per20 sonnel, Air Force’’, $5,624,000: 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. 
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1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Main4 tenance, Army’’, $19,892,938,000: 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 OPERATION AND MAINTENANCE, NAVY

10 For an additional amount for ‘‘Operation and Main11 tenance, Navy’’, $8,413,650,000: 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, MARINE CORPS

17 For an additional amount for ‘‘Operation and Main18 tenance, Marine Corps’’, $1,362,917,000: Provided, That 

19 such amount is designated by the Congress for Overseas 

20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Main25 tenance, Air Force’’, $10,632,379,000: Provided, That 
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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, DEFENSE-WIDE

6 For an additional amount for ‘‘Operation and Main7 tenance, Defense-Wide’’, $8,198,105,000: Provided, That 

8 of the funds provided under this heading, not to exceed 

9 $1,810,968,000, to remain available until September 30, 

10 2021, shall be available to provide support and assistance 

11 to foreign security forces or other groups or individuals 

12 to conduct, support or facilitate counterterrorism, crisis 

13 response, or other Department of Defense security co14 operation programs: Provided further, That these funds 

15 may be used for the purpose of providing specialized train16 ing and procuring supplies and specialized equipment and 

17 providing such supplies and loaning such equipment on a 

18 non-reimbursable basis to coalition forces supporting 

19 United States military and stability operations in Afghani20 stan and to counter the Islamic State of Iraq and Syria, 

21 and 15 days following notification to the appropriate con22 gressional committees: Provided further, That these funds 

23 may be used to reimburse, or provide support on a non24 reimbursable basis, to Jordan, Lebanon, Egypt, Tunisia, 

25 and Oman for enhanced border security upon 15 days 
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1 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 the Secretary of Defense shall provide quarterly re5 ports to the congressional defense committees on the use 

6 of funds provided in this paragraph: Provided further, 

7 That such amount is designated by the Congress for Over8 seas Contingency Operations/Global War on Terrorism 

9 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

10 Budget and Emergency Deficit Control Act of 1985. 

11 OPERATION AND MAINTENANCE, ARMY RESERVE

12 For an additional amount for ‘‘Operation and Main13 tenance, Army Reserve’’, $37,592,000: Provided, That 

14 such amount is designated by the Congress for Overseas 

15 Contingency Operations/Global War on Terrorism pursu16 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

17 and Emergency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE, NAVY RESERVE

19 For an additional amount for ‘‘Operation and Main20 tenance, Navy Reserve’’, $23,036,000: Provided, That 

21 such amount is designated by the Congress for Overseas 

22 Contingency Operations/Global War on Terrorism pursu23 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

24 and Emergency Deficit Control Act of 1985. 
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For an additional amount for ‘‘Operation and Main4 tenance, Marine Corps Reserve’’, $8,707,000: Provided, 

5 That such amount is designated by the Congress for Over6 seas Contingency Operations/Global War on Terrorism 

7 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985. 

9 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

10 For an additional amount for ‘‘Operation and Main11 tenance, Air Force Reserve’’, $29,758,000: Provided, That 

12 such amount is designated by the Congress for Overseas 

13 Contingency Operations/Global War on Terrorism pursu14 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

15 and Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, ARMY NATIONAL

17 GUARD

18 For an additional amount for ‘‘Operation and Main19 tenance, Army National Guard’’, $83,291,000: 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. 
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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Operation and Main3 tenance, Air National Guard’’, $176,909,000: Provided, 

4 That such amount is designated by the Congress for Over5 seas Contingency Operations/Global War on Terrorism 

6 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

7 Budget and Emergency Deficit Control Act of 1985. 

8 AFGHANISTAN SECURITY FORCES FUND

9 For the ‘‘Afghanistan Security Forces Fund’’, 

10 $3,736,661,000, to remain available until September 30, 

11 2021: Provided, That such funds shall be available to the 

12 Secretary of Defense for the purpose of allowing the Com13 mander, Combined Security Transition Command—Af14 ghanistan, or the Secretary’s designee, to provide assist15 ance, with the concurrence of the Secretary of State, to 

16 the security forces of Afghanistan, including the provision 

17 of equipment, supplies, services, training, facility and in18 frastructure repair, renovation, construction, and funding: 

19 Provided further, That the Secretary of Defense may obli20 gate and expend funds made available to the Department 

21 of Defense in this title for additional costs associated with 

22 existing projects previously funded with amounts provided 

23 under the heading ‘‘Afghanistan Infrastructure Fund’’ in 

24 prior Acts: Provided further, That such costs shall be lim25 ited to contract changes resulting from inflation, market 
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1 fluctuation, rate adjustments, and other necessary con2 tract actions to complete existing projects, and associated 

3 supervision and administration costs and costs for design 

4 during construction: Provided further, That the Secretary 

5 may not use more than $50,000,000 under the authority 

6 provided in this section: Provided further, That the Sec7 retary shall notify in advance such contract changes and 

8 adjustments in annual reports to the congressional defense 

9 committees: Provided further, That the authority to pro10 vide assistance under this heading is in addition to any 

11 other authority to provide assistance to foreign nations: 

12 Provided further, That contributions of funds for the pur13 poses provided herein from any person, foreign govern14 ment, or international organization may be credited to this 

15 Fund, to remain available until expended, and used for 

16 such purposes: Provided further, That the Secretary of De17 fense shall notify the congressional defense committees in 

18 writing upon the receipt and upon the obligation of any 

19 contribution, delineating the sources and amounts of the 

20 funds received and the specific use of such contributions: 

21 Provided further, That the Secretary of Defense shall, not 

22 fewer than 15 days prior to obligating from this appro23 priation account, notify the congressional defense commit24 tees in writing of the details of any such obligation: Pro25 vided further, That the Secretary of Defense shall notify 
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1 the congressional defense committees of any proposed new 

2 projects or transfer of funds between budget sub-activity 

3 groups in excess of $20,000,000: Provided further, That 

4 the United States may accept equipment procured using 

5 funds provided under this heading in this or prior Acts 

6 that was transferred to the security forces of Afghanistan 

7 and returned by such forces to the United States: Provided 

8 further, That equipment procured using funds provided 

9 under this heading in this or prior Acts, and not yet trans10 ferred to the security forces of Afghanistan or transferred 

11 to the security forces of Afghanistan and returned by such 

12 forces to the United States, may be treated as stocks of 

13 the Department of Defense upon written notification to 

14 the congressional defense committees: Provided further, 

15 That of the funds provided under this heading, not less 

16 than $10,000,000 shall be for recruitment and retention 

17 of women in the Afghanistan National Security Forces, 

18 and the recruitment and training of female security per19 sonnel: Provided further, That such amount is designated 

20 by the Congress for Overseas Contingency Operations/ 

21 Global War on Terrorism pursuant to section 

22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 
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1 COUNTER-ISIS TRAIN AND EQUIP FUND

2 For the ‘‘Counter-Islamic State of Iraq and Syria 

3 Train and Equip Fund’’, $745,000,000, to remain avail4 able until September 30, 2021: Provided, That such funds 

5 shall be available to the Secretary of Defense in coordina6 tion with the Secretary of State, to provide assistance, in7 cluding training; equipment; logistics support, supplies, 

8 and services; stipends; infrastructure repair and renova9 tion; construction; and sustainment, to foreign security 

10 forces, irregular forces, groups, or individuals partici11 pating, or preparing to participate in activities to counter 

12 the Islamic State of Iraq and Syria, and their affiliated 

13 or associated groups: Provided further, That amounts 

14 made available under this heading shall be available to 

15 provide assistance only for activities in a country des16 ignated by the Secretary of Defense, in coordination with 

17 the Secretary of State, as having a security mission to 

18 counter the Islamic State of Iraq and Syria, and following 

19 written notification to the congressional defense commit20 tees of such designation: Provided further, That the Sec21 retary of Defense shall ensure that prior to providing as22 sistance to elements of any forces or individuals, such ele23 ments or individuals are appropriately vetted, including at 

24 a minimum, assessing such elements for associations with 

25 terrorist groups or groups associated with the Government 
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1 of Iran; and receiving commitments from such elements 

2 to promote respect for human rights and the rule of law: 

3 Provided further, That the Secretary of Defense shall, not 

4 fewer than 15 days prior to obligating from this appro5 priation account, notify the congressional defense commit6 tees in writing of the details of any such obligation: Pro7 vided further, That the Secretary of Defense may accept 

8 and retain contributions, including assistance in-kind, 

9 from foreign governments, including the Government of 

10 Iraq and other entities, to carry out assistance authorized 

11 under this heading: Provided further, That contributions 

12 of funds for the purposes provided herein from any foreign 

13 government or other entity may be credited to this Fund, 

14 to remain available until expended, and used for such pur15 poses: Provided further, That the Secretary of Defense 

16 may waive a provision of law relating to the acquisition 

17 of items and support services or sections 40 and 40A of 

18 the Arms Export Control Act (22 U.S.C. 2780 and 2785) 

19 if the Secretary determines that such provision of law 

20 would prohibit, restrict, delay or otherwise limit the provi21 sion of such assistance and a notice of and justification 

22 for such waiver is submitted to the congressional defense 

23 committees, the Committees on Appropriations and For24 eign Relations of the Senate and the Committees on Ap25 propriations and Foreign Affairs of the House of Rep-
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1 resentatives: Provided further, That the United States may 

2 accept equipment procured using funds provided under 

3 this heading, or under the heading, ‘‘Iraq Train and Equip 

4 Fund’’ in prior Acts, that was transferred to security 

5 forces, irregular forces, or groups participating, or pre6 paring to participate in activities to counter the Islamic 

7 State of Iraq and Syria and returned by such forces or 

8 groups to the United States, and such equipment may be 

9 treated as stocks of the Department of Defense upon writ10 ten notification to the congressional defense committees: 

11 Provided further, That equipment procured using funds 

12 provided under this heading, or under the heading, ‘‘Iraq 

13 Train and Equip Fund’’ in prior Acts, and not yet 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 may be treated 

17 as stocks of the Department of Defense when determined 

18 by the Secretary to no longer be required for transfer to 

19 such forces or groups and upon written notification to the 

20 congressional defense committees: Provided further, That 

21 the Secretary of Defense shall provide quarterly reports 

22 to the congressional defense committees on the use of 

23 funds provided under this heading, including, but not lim24 ited to, the number of individuals trained, the nature and 

25 scope of support and sustainment provided to each group 
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1 or individual, the area of operations for each group, and 

2 the contributions of other countries, groups, or individ3 uals: Provided further, That such amount is designated 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. 

8 PROCUREMENT 

9 AIRCRAFT PROCUREMENT, ARMY

10 For an additional amount for ‘‘Aircraft Procurement, 

11 Army’’, $463,241,000, to remain available until Sep12 tember 30, 2022: 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 MISSILE PROCUREMENT, ARMY

18 For an additional amount for ‘‘Missile Procurement, 

19 Army’’, $1,423,589,000, to remain available until Sep20 tember 30, 2022: 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. 
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’, $346,306,000, 

5 to remain available until September 30, 2022: Provided, 

6 That such amount is designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism 

8 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985. 

10 PROCUREMENT OF AMMUNITION, ARMY

11 For an additional amount for ‘‘Procurement of Am12 munition, Army’’, $148,682,000, to remain available until 

13 September 30, 2022: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/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 OTHER PROCUREMENT, ARMY

19 For an additional amount for ‘‘Other Procurement, 

20 Army’’, $1,120,504,000, to remain available until Sep21 tember 30, 2022: 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. 
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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $42,045,000, to remain available until September 

4 30, 2022: Provided, That such amount is designated by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 WEAPONS PROCUREMENT, NAVY

10 For an additional amount for ‘‘Weapons Procure11 ment, Navy’’, $97,466,000, to remain available until Sep12 tember 30, 2022: 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, NAVY AND MARINE

18 CORPS

19 For an additional amount for ‘‘Procurement of Am20 munition, Navy and Marine Corps’’, $204,814,000, to re21 main available until September 30, 2022: Provided, That 

22 such amount is designated by the Congress for Overseas 

23 Contingency Operations/Global War on Terrorism pursu24 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

25 and Emergency Deficit Control Act of 1985. 
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1 OTHER PROCUREMENT, NAVY

2 For an additional amount for ‘‘Other Procurement, 

3 Navy’’, $357,550,000, to remain available until September 

4 30, 2022: Provided, That such amount is designated by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 PROCUREMENT, MARINE CORPS

10 For an additional amount for ‘‘Procurement, Marine 

11 Corps’’, $20,589,000, to remain available until September 

12 30, 2022: 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 AIRCRAFT PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Aircraft Procurement, 

19 Air Force’’, $1,011,810,000, to remain available until 

20 September 30, 2022: 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. 
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1 MISSILE PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Missile Procurement, 

3 Air Force’’, $201,671,000, to remain available until Sep4 tember 30, 2022: 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 AMMUNITION, AIR FORCE

10 For an additional amount for ‘‘Procurement of Am11 munition, Air Force’’, $934,758,000, to remain available 

12 until September 30, 2022: Provided, That such amount 

13 is designated by the Congress for Overseas Contingency 

14 Operations/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 OTHER PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Other Procurement, 

19 Air Force’’, $3,513,098,000, to remain available until 

20 September 30, 2022: 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. 
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1 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, De3 fense-Wide’’, $447,047,000, to remain available until Sep4 tember 30, 2022: 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 NATIONAL GUARD AND RESERVE EQUIPMENT 

10 ACCOUNT 

11 For procurement of rotary-wing aircraft; combat, tac12 tical and support vehicles; other weapons; and other pro13 curement items for the reserve components of the Armed 

14 Forces, $850,000,000, to remain available for obligation 

15 until September 30, 2022: Provided, That the Chiefs of 

16 National Guard and Reserve components shall, not later 

17 than 30 days after enactment of this Act, individually sub18 mit to the congressional defense committees the mod19 ernization priority assessment for their respective Na20 tional Guard or Reserve component: Provided further, 

21 That none of the funds made available by this paragraph 

22 may be used to procure manned fixed wing aircraft, or 

23 procure or modify missiles, munitions, or ammunition: 

24 Provided further, That such amount is designated by the 

25 Congress for Overseas Contingency Operations/Global 
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1 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

2 the Balanced Budget and Emergency Deficit Control Act 

3 of 1985. 

4 RESEARCH, DEVELOPMENT, TEST AND 

5 EVALUATION 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 ARMY

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Army’’, $174,354,000, to re10 main available until September 30, 2021: 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 NAVY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Navy’’, $164,410,000, to re19 main available until September 30, 2021: Provided, That 

20 such amount is designated by the Congress for Overseas 

21 Contingency Operations/Global War on Terrorism pursu22 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

23 and Emergency Deficit Control Act of 1985. 
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’, $128,248,000, to 

5 remain available until September 30, 2021: Provided, 

6 That such amount is designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism 

8 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Defense-Wide’’, 

14 $366,750,000, to remain available until September 30, 

15 2021: Provided, That such amount is designated by the 

16 Congress for Overseas Contingency Operations/Global 

17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

18 the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 REVOLVING AND MANAGEMENT FUNDS 

21 DEFENSE WORKING CAPITAL FUNDS

22 For an additional amount for ‘‘Defense Working 

23 Capital Funds’’, $20,100,000: Provided, That such 

24 amount is designated by the Congress for Overseas Con25 tingency Operations/Global War on Terrorism pursuant to 
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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

4 DEFENSE HEALTH PROGRAM

5 For an additional amount for ‘‘Defense Health Pro6 gram’’, $347,746,000, which shall be for operation and 

7 maintenance: Provided, That such amount is designated 

8 by the Congress for Overseas Contingency Operations/ 

9 Global War on Terrorism pursuant to section 

10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

13 DEFENSE

14 For an additional amount for ‘‘Drug Interdiction and 

15 Counter-Drug Activities, Defense’’, $163,596,000: Pro16 vided, That such amount is designated by the Congress 

17 for Overseas Contingency Operations/Global War on Ter18 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 OFFICE OF THE INSPECTOR GENERAL

21 For an additional amount for the ‘‘Office of the In22 spector General’’, $24,254,000: Provided, That such 

23 amount is designated by the Congress for Overseas Con24 tingency Operations/Global War on Terrorism pursuant to 
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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 9001. Notwithstanding any other provision of 

5 law, funds made available in this title are in addition to 

6 amounts appropriated or otherwise made available for the 

7 Department of Defense for fiscal year 2020. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 9002. Upon the determination of the Secretary 

10 of Defense that such action is necessary in the national 

11 interest, the Secretary may, with the approval of the Of12 fice of Management and Budget, transfer up to 

13 $2,000,000,000 between the appropriations or funds made 

14 available to the Department of Defense in this title: Pro15 vided, That the Secretary shall notify the Congress 

16 promptly of each transfer made pursuant to the authority 

17 in this section: Provided further, That the authority pro18 vided in this section is in addition to any other transfer 

19 authority available to the Department of Defense and is 

20 subject to the same terms and conditions as the authority 

21 provided in section 8005 of this Act. 

22 SEC. 9003. Supervision and administration costs and 

23 costs for design during construction associated with a con24 struction project funded with appropriations available for 

25 operation and maintenance or the ‘‘Afghanistan Security 
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1 Forces Fund’’ provided in this Act and executed in direct 

2 support of overseas contingency operations in Afghani3 stan, may be obligated at the time a construction contract 

4 is awarded: Provided, That, for the purpose of this section, 

5 supervision and administration costs and costs for design 

6 during construction include all in-house Government costs. 

7 SEC. 9004. From funds made available in this title, 

8 the Secretary of Defense may purchase for use by military 

9 and civilian employees of the Department of Defense in 

10 the United States Central Command area of responsi11 bility: (1) passenger motor vehicles up to a limit of 

12 $75,000 per vehicle; and (2) heavy and light armored vehi13 cles for the physical security of personnel or for force pro14 tection purposes up to a limit of $450,000 per vehicle, not15 withstanding price or other limitations applicable to the 

16 purchase of passenger carrying vehicles. 

17 SEC. 9005. Not to exceed $5,000,000 of the amounts 

18 appropriated by this title under the heading ‘‘Operation 

19 and Maintenance, Army’’ may be used, notwithstanding 

20 any other provision of law, to fund the Commanders’ 

21 Emergency Response Program (CERP), for the purpose 

22 of enabling military commanders in Afghanistan to re23 spond to urgent, small-scale, humanitarian relief and re24 construction requirements within their areas of responsi25 bility: Provided, That each project (including any ancillary 
143 

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1 or related elements in connection with such project) exe2 cuted under this authority shall not exceed $2,000,000: 

3 Provided further, That not later than 45 days after the 

4 end of each 6 months of the fiscal year, the Secretary of 

5 Defense shall submit to the congressional defense commit6 tees a report regarding the source of funds and the alloca7 tion and use of funds during that 6-month period that 

8 were made available pursuant to the authority provided 

9 in this section or under any other provision of law for the 

10 purposes described herein: Provided further, That, not 

11 later than 30 days after the end of each fiscal year quar12 ter, the Army shall submit to the congressional defense 

13 committees quarterly commitment, obligation, and expend14 iture data for the CERP in Afghanistan: Provided further, 

15 That, not less than 15 days before making funds available 

16 pursuant to the authority provided in this section or under 

17 any other provision of law for the purposes described here18 in for a project with a total anticipated cost for completion 

19 of $500,000 or more, the Secretary shall submit to the 

20 congressional defense committees a written notice con21 taining each of the following: 

22 (1) The location, nature and purpose of the 

23 proposed project, including how the project is in24 tended to advance the military campaign plan for 

25 the country in which it is to be carried out. 
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1 (2) The budget, implementation timeline with 

2 milestones, and completion date for the proposed 

3 project, including any other CERP funding that has 

4 been or is anticipated to be contributed to the com5 pletion of the project. 

6 (3) A plan for the sustainment of the proposed 

7 project, including the agreement with either the host 

8 nation, a non-Department of Defense agency of the 

9 United States Government or a third-party contrib10 utor to finance the sustainment of the activities and 

11 maintenance of any equipment or facilities to be pro12 vided through the proposed project. 

13 SEC. 9006. Funds available to the Department of De14 fense for operation and maintenance may be used, not15 withstanding any other provision of law, to provide sup16 plies, services, transportation, including airlift and sealift, 

17 and other logistical support to allied forces participating 

18 in a combined operation with the armed forces of the 

19 United States and coalition forces supporting military and 

20 stability operations in Afghanistan and to counter the Is21 lamic State of Iraq and Syria: Provided, That the Sec22 retary of Defense shall provide quarterly reports to the 

23 congressional defense committees regarding support pro24 vided under this section. 
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1 SEC. 9007. None of the funds appropriated or other2 wise made available by this or any other Act shall be obli3 gated or expended by the United States Government for 

4 a purpose as follows: 

5 (1) To establish any military installation or 

6 base for the purpose of providing for the permanent 

7 stationing of United States Armed Forces in Iraq. 

8 (2) To exercise United States control over any 

9 oil resource of Iraq. 

10 (3) To establish any military installation or 

11 base for the purpose of providing for the permanent 

12 stationing of United States Armed Forces in Af13 ghanistan. 

14 SEC. 9008. None of the funds made available in this 

15 Act may be used in contravention of the following laws 

16 enacted or regulations promulgated to implement the 

17 United Nations Convention Against Torture and Other 

18 Cruel, Inhuman or Degrading Treatment or Punishment 

19 (done at New York on December 10, 1984): 

20 (1) Section 2340A of title 18, United States 

21 Code. 

22 (2) Section 2242 of the Foreign Affairs Reform 

23 and Restructuring Act of 1998 (division G of Public 

24 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

25 note) and regulations prescribed thereto, including 
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•S 2474 RS

1 regulations under part 208 of title 8, Code of Fed2 eral Regulations, and part 95 of title 22, Code of 

3 Federal Regulations. 

4 (3) Sections 1002 and 1003 of the Department 

5 of Defense, Emergency Supplemental Appropriations 

6 to Address Hurricanes in the Gulf of Mexico, and 

7 Pandemic Influenza Act, 2006 (Public Law 109– 

8 148). 

9 SEC. 9009. None of the funds provided for the ‘‘Af10 ghanistan Security Forces Fund’’ (ASFF) may be obli11 gated prior to the approval of a financial and activity plan 

12 by the Afghanistan Resources Oversight Council (AROC) 

13 of the Department of Defense: Provided, That the AROC 

14 must approve the requirement and acquisition plan for any 

15 service requirements in excess of $50,000,000 annually 

16 and any non-standard equipment requirements in excess 

17 of $100,000,000 using ASFF: Provided further, That the 

18 Department of Defense must certify to the congressional 

19 defense committees that the AROC has convened and ap20 proved a process for ensuring compliance with the require21 ments in the preceding proviso and accompanying report 

22 language for the ASFF. 

23 SEC. 9010. Funds made available in this title to the 

24 Department of Defense for operation and maintenance 

25 may be used to purchase items having an investment unit 
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1 cost of not more than $250,000: Provided, That, upon de2 termination by the Secretary of Defense that such action 

3 is necessary to meet the operational requirements of a 

4 Commander of a Combatant Command engaged in contin5 gency operations overseas, such funds may be used to pur6 chase items having an investment item unit cost of not 

7 more than $500,000. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 9011. In addition to amounts appropriated in 

10 title II or otherwise made available elsewhere in this Act, 

11 $1,100,000,000 is hereby appropriated to the Department 

12 of Defense and made available for transfer to the oper13 ation and maintenance accounts of the Army, Navy, Ma14 rine Corps, and Air Force (including National Guard and 

15 Reserve) for purposes of improving military readiness: 

16 Provided, That the transfer authority provided under this 

17 provision is in addition to any other transfer authority 

18 provided elsewhere in this Act: Provided further, 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 SEC. 9012. Of the amounts appropriated in this title 

24 under the heading ‘‘Operation and Maintenance, Defense25 Wide’’, for the Defense Security Cooperation Agency, 
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1 $250,000,000 shall be for the Ukraine Security Assistance 

2 Initiative: Provided, That such funds shall be available to 

3 the Secretary of Defense, in coordination with the Sec4 retary of State, to provide assistance, including training; 

5 equipment; lethal assistance; logistics support, supplies 

6 and services; sustainment; and intelligence support to the 

7 military and national security forces of Ukraine, and for 

8 replacement of any weapons or articles provided to the 

9 Government of Ukraine from the inventory of the United 

10 States: Provided further, That the Secretary of Defense 

11 shall, not less than 15 days prior to obligating funds pro12 vided under this heading, notify the congressional defense 

13 committees in writing of the details of any such obligation: 

14 Provided further, That the United States may accept 

15 equipment procured using funds provided under this head16 ing in this or prior Acts that was transferred to the secu17 rity forces of Ukraine and returned by such forces to the 

18 United States: Provided further, That equipment procured 

19 using funds provided under this heading in this or prior 

20 Acts, and not yet transferred to the military or National 

21 Security Forces of Ukraine or returned by such forces to 

22 the United States, may be treated as stocks of the Depart23 ment of Defense upon written notification to the congres24 sional defense committees: Provided further, That amounts 

25 made available by this section are designated by the Con-
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1 gress for Overseas Contingency Operations/Global War on 

2 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 

4 SEC. 9013. Funds appropriated in this title shall be 

5 available for replacement of funds for items provided to 

6 the Government of Ukraine from the inventory of the 

7 United States to the extent specifically provided for in sec8 tion 9013 of this Act. 

9 SEC. 9014. Equipment procured using funds provided 

10 in prior Acts under the heading ‘‘Counterterrorism Part11 nerships Fund’’ for the program authorized by section 

12 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

13 National Defense Authorization Act for Fiscal Year 2015 

14 (Public Law 113–291), and not yet transferred to author15 ized recipients may be transferred to foreign security 

16 forces, irregular forces, groups, or individuals, authorized 

17 to receive assistance using amounts provided under the 

18 heading ‘‘Counter-ISIS Train and Equip Fund’’ in this 

19 Act: Provided, That such equipment may be transferred 

20 15 days following written notification to the congressional 

21 defense committees. 

22 SEC. 9015. None of the funds in this Act may be 

23 made available for the transfer of additional C–130 cargo 

24 aircraft to the Afghanistan National Security Forces or 

25 the Afghanistan Air Force until the Department of De-
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1 fense provides a report to the congressional defense com2 mittees of the Afghanistan Air Force’s medium airlift re3 quirements. The report should identify Afghanistan’s abil4 ity to utilize and maintain existing medium lift aircraft 

5 in the inventory and the best alternative platform, if nec6 essary, to provide additional support to the Afghanistan 

7 Air Force’s current medium airlift capacity. 

8 SEC. 9016. Funds available for the Afghanistan Se9 curity Forces Fund may be used to provide limited train10 ing, equipment, and other assistance that would otherwise 

11 be prohibited by 10 U.S.C. 362 to a unit of the security 

12 forces of Afghanistan only if the Secretary certifies to the 

13 congressional defense committees, within 30 days of a de14 cision to provide such assistance, that (1) a denial of such 

15 assistance would present significant risk to U.S. or coali16 tion forces or significantly undermine United States na17 tional security objectives in Afghanistan; and (2) the Sec18 retary has sought a commitment by the Government of 

19 Afghanistan to take all necessary corrective steps: Pro20 vided, That such certification shall be accompanied by a 

21 report describing: (1) the information relating to the gross 

22 violation of human rights; (2) the circumstances that ne23 cessitated the provision of such assistance; (3) the Afghan 

24 security force unit involved; (4) the assistance provided 

25 and the assistance withheld; and (5) the corrective steps 
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1 to be taken by the Government of Afghanistan: Provided 

2 further, That every 120 days after the initial report an 

3 additional report shall be submitted detailing the status 

4 of any corrective steps taken by the Government of Af5 ghanistan: Provided further, That if the Government of Af6 ghanistan has not initiated necessary corrective steps 

7 within one year of the certification, the authority under 

8 this section to provide assistance to such unit shall no 

9 longer apply: Provided further, That the Secretary shall 

10 submit a report to such committees detailing the final dis11 position of the case by the Government of Afghanistan. 

12 (RESCISSIONS)

13 SEC. 9017. Of the funds appropriated in Department 

14 of Defense Appropriations Acts, the following funds are 

15 hereby rescinded from the following accounts and pro16 grams in the specified amounts: Provided, That such 

17 amounts are designated by the Congress for Overseas 

18 Contingency Operations/Global War on Terrorism pursu19 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

20 and Emergency Deficit Control Act of 1985: 

21 ‘‘Weapons and Tracked Combat Vehicles, 

22 Army’’, 2018/2020, $30,000,000; 

23 ‘‘Operation and Maintenance, Defense-Wide: 

24 DSCA Security Cooperation’’, 2019/2020, 

25 $133,442,000; 
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1 ‘‘Operation and Maintenance, Defense-Wide: 

2 Coalition Support Fund’’, 2019/2020, $30,000,000; 

3 ‘‘Counter-ISIS Train and Equip Fund’’, 2019/ 

4 2020, $471,837,000; 

5 ‘‘Missile Procurement, Army’’, 2019/2021, 

6 $13,176,000; 

7 ‘‘Weapons and Tracked Combat Vehicles, 

8 Army’’, 2019/2021, $52,477,000; 

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

10 $8,750,000; and 

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

12 $94,697,000. 

13 SEC. 9018. (a) None of the funds appropriated or 

14 otherwise made available by this Act may be used for 

15 United States support of the Saudi Arabia-led coalition 

16 air campaign in Yemen until the Secretary of Defense— 

17 (1) certifies, in writing, to Congress that mem18 bers of such coalition are in compliance with end-use 

19 agreements related to sales of United States weap20 ons and defense articles; and 

21 (2) submits to Congress written findings of any 

22 internal Department of Defense investigation into 

23 unauthorized third-party transfers of United States 

24 weapons and defense articles in Yemen and has 
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1 taken corrective action as a result of any such inves2 tigation. 

3 (b) The certification and findings under subsection 

4 (a) shall be submitted in unclassified form, but may con5 tain a classified annex. 

6 SEC. 9019. Each amount designated in this Act by 

7 the 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 shall be available (or rescinded, if applicable) only 

11 if the President subsequently so designates all such 

12 amounts and transmits such designations to the Congress. 
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1 TITLE X 

2 OPERATION AND MAINTENANCE 

3 OPERATION AND MAINTENANCE, NAVY

4 For an additional amount for ‘‘Operation and Main5 tenance, Navy’’, $370,400,000, for necessary expenses re6 lated to the consequences of Hurricanes Michael and Flor7 ence and flooding and earthquakes occurring in fiscal year 

8 2019: Provided, That such amount is designated by the 

9 Congress as being for an emergency requirement pursuant 

10 to section 251(b)(2)(A)(i) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For an additional amount for ‘‘Operation and Main14 tenance, Marine Corps’’, $64,000,000, for necessary ex15 penses related to the consequences of Hurricanes Michael 

16 and Florence and flooding and earthquakes occurring in 

17 fiscal year 2019: Provided, That such amount is des18 ignated by the Congress as being for an emergency re19 quirement pursuant to section 251(b)(2)(A)(i) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985. 

21 OPERATION AND MAINTENANCE, AIR FORCE

22 For an additional amount for ‘‘Operation and Main23 tenance, Air Force’’, $471,400,000, for necessary ex24 penses related to the consequences of Hurricanes Michael 

25 and Florence and flooding and earthquakes occurring in 
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1 fiscal year 2019: Provided, That such amount is des2 ignated by the Congress as being for an emergency re3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, ARMY NATIONAL

6 GUARD

7 For an additional amount for ‘‘Operation and Main8 tenance, Army National Guard’’, $45,700,000, for nec9 essary expenses related to the consequences of Hurricanes 

10 Michael and Florence and flooding and earthquakes occur11 ring in fiscal year 2019: Provided, That such amount is 

12 designated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985. 

15 PROCUREMENT 

16 OTHER PROCUREMENT, NAVY

17 For an additional amount for ‘‘Other Procurement, 

18 Navy’’ $53,000,000, for necessary expenses related to the 

19 consequences of Hurricanes Michael and Florence and 

20 flooding and earthquakes occurring in fiscal year 2019: 

21 Provided, That such amount is designated by the Congress 

22 as being for an emergency requirement pursuant to sec23 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985. 
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1 PROCUREMENT, MARINE CORPS

2 For an additional amount for ‘‘Procurement, Marine 

3 Corps’’ $73,323,000, for necessary expenses related to the 

4 consequences of Hurricanes Michael and Florence and 

5 flooding and earthquakes occurring in fiscal year 2019: 

6 Provided, That such amount is designated by the Congress 

7 as being for an emergency requirement pursuant to sec8 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985. 

10 AIRCRAFT PROCUREMENT, AIR FORCE

11 For an additional amount for ‘‘Aircraft Procurement, 

12 Air Force’’ $204,448,000, for necessary expenses related 

13 to the consequences of Hurricanes Michael and Florence 

14 and flooding and earthquakes occurring in fiscal year 

15 2019: Provided, That such amount is designated by the 

16 Congress as being for an emergency requirement pursuant 

17 to section 251(b)(2)(A)(i) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 OTHER PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Other Procurement, 

21 Air Force’’ $77,974,000, for necessary expenses related 

22 to the consequences of Hurricanes Michael and Florence 

23 and flooding and earthquakes occurring in fiscal year 

24 2019: Provided, That such amount is designated by the 

25 Congress as being for an emergency requirement pursuant 
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1 to section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 NAVY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Navy’’ $113,000,000, for nec7 essary expenses related to the consequences of Hurricanes 

8 Michael and Florence and flooding and earthquakes occur9 ring in fiscal year 2019: Provided, That such amount is 

10 designated by the Congress as being for an emergency re11 quirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

13 REVOLVING AND MANAGEMENT FUNDS 

14 DEFENSE WORKING CAPITAL FUNDS

15 For an additional amount for ‘‘Defense Working 

16 Capital Funds’’ for the Navy Working Capital Fund, 

17 $237,000,000, for necessary expenses related to the con18 sequences of Hurricanes Michael and Florence and flood19 ing and earthquakes occurring in fiscal year 2019: Pro20 vided, That such amount is designated by the Congress 

21 as being for an emergency requirement pursuant to sec22 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985. 
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1 GENERAL PROVISION—THIS TITLE 

2 SEC. 10001. Each amount designated in this title by 

3 the Congress as being for an emergency requirement pur4 suant to section 251(b)(2)(A)(i) of the Balanced Budget 

5 and Emergency Deficit Control Act of 1985 shall be avail6 able (or rescinded or transferred, if applicable) only if the 

7 President subsequently so designates all such amounts 

8 and transmits such designations to the Congress. 

9 This Act may be cited as the ‘‘Department of Defense 

10 Appropriations Act, 2020’’. 

Calendar No. 205 

116TH CONGRESS 

1ST SESSION S. 2474 

[Report No. 116–103] 

A BILL 

Making appropriations for the Department of De2020, and for other purposes. fense for the fiscal year ending September 30, 

SEPTEMBER 12, 2019 

Read twice and placed on the calendar