278 
vided, That, notwithstanding any other provision of law, 
of the amount made available under this heading for re-
search, development, test and evaluation, not less than 
$8,000,000 shall be available for HIV prevention edu-
cational activities undertaken in connection with United 
States military training, exercises, and humanitarian as-
sistance activities conducted primarily in African nations: 
Provided further, That of the funds provided under this 
heading for research, development, test and evaluation, not 
less than $1,489,000,000 shall be made available to the 
United States Army Medical Research and Development 
Command to carry out the congressionally directed medical 
research programs: Provided further, That the Secretary of 
Defense shall submit to the congressional defense committees 
quarterly reports on the current status of the deployment 
of the electronic health record: Provided further, That the 
Secretary of Defense shall provide notice to the congres-
sional defense committees not later than 10 business days 
after delaying the proposed timeline of such deployment if 
such delay is longer than 1 week: Provided further, That 
the Comptroller General of the United States shall perform 
quarterly performance reviews of such deployment. 
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CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary for 
the destruction of the United States stockpile of lethal chem-
ical agents and munitions in accordance with the provi-
sions of section 1412 of the Department of Defense Author-
ization Act, 1986 (50 U.S.C. 1521), and for the destruction 
of other chemical warfare materials that are not in the 
chemical weapon stockpile, $1,049,800,000, of which 
$106,691,000 shall be for operation and maintenance, of 
which no less than $51,009,000 shall be for the Chemical 
Stockpile Emergency Preparedness Program, consisting of 
$22,235,000 for activities on military installations and 
$28,774,000, to remain available until September 30, 2022, 
to assist State and local governments; $616,000 shall be for 
procurement, to remain available until September 30, 2023, 
of which not less than $616,000 shall be for the Chemical 
Stockpile Emergency Preparedness Program to assist State 
and local governments; and $942,493,000, to remain avail-
able until September 30, 2022, shall be for research, develop-
ment, test and evaluation, of which $935,999,000 shall only 
be for the Assembled Chemical Weapons Alternatives pro-
gram. 
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DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of 
the Department of Defense, for transfer to appropriations 
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for oper-
ation and maintenance; for procurement; and for research, 
development, test and evaluation, $914,429,000, of which 
$567,003,000 shall be for counter-narcotics support; 
$127,704,000 shall be for the drug demand reduction pro-
gram; $194,211,000 shall be for the National Guard 
counter-drug program; and $25,511,000 shall be for the Na-
tional Guard counter-drug schools program: Provided, That 
the funds appropriated under this heading shall be avail-
able for obligation for the same time period and for the 
same purpose as the appropriation to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer au-
thority contained elsewhere in this Act. 
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OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspec-
tor General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $375,439,000, of which 
$373,483,000 shall be for operation and maintenance, of 
which not to exceed $700,000 is available for emergencies 
and extraordinary expenses to be expended upon the ap-
proval or authority of the Inspector General, and payments 
may be made upon the Inspector General’s certificate of ne-
cessity for confidential military purposes; of which 
$858,000, to remain available for obligation until Sep-
tember 30, 2023, shall be for procurement; and of which 
$1,098,000, to remain available until September 30, 2022, 
shall be for research, development, test and evaluation. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM FUND 
For payment to the Central Intelligence Agency Retire-
ment and Disability System Fund, to maintain the proper 
funding level for continuing the operation of the Central 
Intelligence Agency Retirement and Disability System, 
$514,000,000. 
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INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Community 
Management Account, $633,719,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained 
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress. 
SEC. 8002. During the current fiscal year, provisions 
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States 
shall not apply to personnel of the Department of Defense: 
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of 
Defense funded by this Act shall not be at a rate in excess 
of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is com-
puted under the provisions of section 5332 of title 5, United 
States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employ-
ees, whichever is higher: Provided further, That this section 
shall not apply to Department of Defense foreign service 
national employees serving at United States diplomatic 
missions whose pay is set by the Department of State under 
the Foreign Service Act of 1980: Provided further, That the 
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limitations of this provision shall not apply to foreign na-
tional employees of the Department of Defense in the Re-
public of Turkey. 
SEC. 8003. No part of any appropriation contained 
in this Act shall remain available for obligation beyond the 
current fiscal year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appropria-
tions in this Act which are limited for obligation during 
the current fiscal year shall be obligated during the last 2 
months of the fiscal year: Provided, That this section shall 
not apply to obligations for support of active duty training 
of reserve components or summer camp training of the Re-
serve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of 
Defense that such action is necessary in the national inter-
est, the Secretary may, with the approval of the Office of 
Management 
and 
Budget, 
transfer 
not 
to 
exceed 
$4,000,000,000 of working capital funds of the Department 
of Defense or funds made available in this Act to the De-
partment of Defense for military functions (except military 
construction) between such appropriations or funds or any 
subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as 
the appropriation or fund to which transferred: Provided, 
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That such authority to transfer may not be used unless for 
higher priority items, based on unforeseen military require-
ments, than those for which originally appropriated and 
in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That the 
Secretary of Defense shall notify the Congress promptly of 
all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of 
the funds in this Act shall be available to prepare or present 
a request to the Committees on Appropriations of the House 
of Representatives and the Senate for reprogramming of 
funds, unless for higher priority items, based on unforeseen 
military requirements, than those for which originally ap-
propriated and in no case where the item for which re-
programming is requested has been denied by the Congress: 
Provided 
further, 
That 
a 
request 
for 
multiple 
reprogrammings of funds using authority provided in this 
section shall be made prior to June 30, 2021: Provided fur-
ther, That transfers among military personnel appropria-
tions shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred 
under this section. 
SEC. 8006. (a) With regard to the list of specific pro-
grams, projects, and activities (and the dollar amounts and 
adjustments to budget activities corresponding to such pro-
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grams, projects, and activities) contained in the tables titled 
Explanation of Project Level Adjustments in the explana-
tory statement regarding this Act and the tables contained 
in the classified annex accompanying this Act, the obliga-
tion and expenditure of amounts appropriated or otherwise 
made available in this Act for those programs, projects, and 
activities for which the amounts appropriated exceed the 
amounts requested are hereby required by law to be carried 
out in the manner provided by such tables to the same ex-
tent as if the tables were included in the text of this Act. 
(b) Amounts specified in the referenced tables described 
in subsection (a) shall not be treated as subdivisions of ap-
propriations for purposes of section 8005 of this Act: Pro-
vided, That section 8005 shall apply when transfers of the 
amounts described in subsection (a) occur between appro-
priation accounts. 
SEC. 8007. (a) Not later than 60 days after enactment 
of this Act, the Department of Defense shall submit a report 
to the congressional defense committees to establish the base-
line for application of reprogramming and transfer au-
thorities for fiscal year 2021: Provided, That the report 
shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
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enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) a delineation in the table for each appropria-
tion both by budget activity and program, project, 
and activity as detailed in the Budget Appendix; and 
(3) an identification of items of special congres-
sional interest. 
(b) Notwithstanding section 8005 of this Act, none of 
the funds provided in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional defense commit-
tees, unless the Secretary of Defense certifies in writing to 
the congressional defense committees that such reprogram-
ming or transfer is necessary as an emergency requirement: 
Provided, That this subsection shall not apply to transfers 
from the following appropriations accounts: 
(1) ‘‘Environmental Restoration, Army’’; 
(2) ‘‘Environmental Restoration, Navy’’; 
(3) ‘‘Environmental Restoration, Air Force’’; 
(4) ‘‘Environmental Restoration, Defense-Wide’’; 
(5) ‘‘Environmental Restoration, Formerly Used 
Defense Sites’’; and 
(6) ‘‘Drug Interdiction and Counter-drug Activi-
ties, Defense’’. 
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(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, United 
States Code, may be maintained in only such amounts as 
are necessary at any time for cash disbursements to be made 
from such funds: Provided, That transfers may be made be-
tween such funds: Provided further, That transfers may be 
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation and Maintenance’’ appropriation accounts in such 
amounts as may be determined by the Secretary of Defense, 
with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Sec-
retary of Defense has notified the Congress of the proposed 
transfer: Provided further, That except in amounts equal 
to the amounts appropriated to working capital funds in 
this Act, no obligations may be made against a working 
capital fund to procure or increase the value of war reserve 
material inventory, unless the Secretary of Defense has no-
tified the Congress prior to any such obligation. 
SEC. 8009. Funds appropriated by this Act may not 
be used to initiate a special access program without prior 
notification 30 calendar days in advance to the congres-
sional defense committees. 
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SEC. 8010. None of the funds provided in this Act shall 
be available to initiate: (1) a multiyear contract that em-
ploys economic order quantity procurement in excess of 
$20,000,000 in any one year of the contract or that includes 
an unfunded contingent liability in excess of $20,000,000; 
or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, un-
less the congressional defense committees have been notified 
at least 30 days in advance of the proposed contract award: 
Provided, That no part of any appropriation contained in 
this Act shall be available to initiate a multiyear contract 
for which the economic order quantity advance procurement 
is not funded at least to the limits of the Government’s li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would 
exceed $500,000,000 unless specifically provided in this Act: 
Provided further, That no multiyear procurement contract 
can be terminated without 30-day prior notification to the 
congressional defense committees: Provided further, That the 
execution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared 
to an annual procurement: Provided further, That none of 
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the funds provided in this Act may be used for a multiyear 
contract executed after the date of the enactment of this Act 
unless in the case of any such contract— 
(1) the Secretary of Defense has submitted to 
Congress a budget request for full funding of units to 
be procured through the contract and, in the case of 
a contract for procurement of aircraft, that includes, 
for any aircraft unit to be procured through the con-
tract for which procurement funds are requested in 
that budget request for production beyond advance 
procurement activities in the fiscal year covered by 
the budget, full funding of procurement of such unit 
in that fiscal year; 
(2) cancellation provisions in the contract do not 
include consideration of recurring manufacturing 
costs of the contractor associated with the production 
of unfunded units to be delivered under the contract; 
(3) the contract provides that payments to the 
contractor under the contract shall not be made in 
advance of incurred costs on funded units; and 
(4) the contract does not provide for a price ad-
justment based on a failure to award a follow-on con-
tract. 
SEC. 8011. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
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by appropriated pursuant to section 401 of title 10, United 
States Code, for humanitarian and civic assistance costs 
under chapter 20 of title 10, United States Code. Such funds 
may also be obligated for humanitarian and civic assist-
ance costs incidental to authorized operations and pursuant 
to authority granted in section 401 of title 10, United 
States Code, and these obligations shall be reported as re-
quired by section 401(d) of title 10, United States Code: 
Provided, That funds available for operation and mainte-
nance shall be available for providing humanitarian and 
similar assistance by using Civic Action Teams in the 
Trust Territories of the Pacific Islands and freely associated 
states of Micronesia, pursuant to the Compact of Free Asso-
ciation as authorized by Public Law 99–239: Provided fur-
ther, That upon a determination by the Secretary of the 
Army that such action is beneficial for graduate medical 
education programs conducted at Army medical facilities 
located in Hawaii, the Secretary of the Army may author-
ize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable 
basis, for civilian patients from American Samoa, the Com-
monwealth of the Northern Mariana Islands, the Marshall 
Islands, the Federated States of Micronesia, Palau, and 
Guam. 
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SEC. 8012. (a) During the current fiscal year, the ci-
vilian personnel of the Department of Defense may not be 
managed solely on the basis of any constraint or limitation 
in terms of man years, end strength, full-time equivalent 
positions, or maximum number of employees, but are to be 
managed primarily on the basis of, and in a manner con-
sistent with— 
(1) the total force management policies and pro-
cedures established under section 129a of title 10, 
United States Code; 
(2) the workload required to carry out the func-
tions and activities of the Department; and 
(3) the funds made available to the Department 
for such fiscal year. 
(b) None of the funds appropriated by this Act may 
be used to reduce the civilian workforce programmed full 
time equivalent levels absent the appropriate analysis of the 
impacts of these reductions on workload, military force 
structure, lethality, readiness, operational effectiveness, 
stress on the military force, and fully burdened costs. 
(c) A projection of the number of full-time equivalent 
positions shall not be considered a constraint or limitation 
for purposes of subsection (a) and reducing funding for 
under-execution of such a projection shall not be considered 
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managing based on a constraint or limitation for purposes 
of such subsection. 
(d) The fiscal year 2022 budget request for the Depart-
ment of Defense, and any justification material and other 
documentation supporting such request, shall be prepared 
and submitted to Congress as if subsections (a) and (b) were 
effective with respect to such fiscal year. 
(e) Nothing in this section shall be construed to apply 
to military (civilian) technicians. 
SEC. 8013. None of the funds made available by this 
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress. 
SEC. 8014. None of the funds appropriated by this Act 
shall be available for the basic pay and allowances of any 
member of the Army participating as a full-time student 
and receiving benefits paid by the Secretary of Veterans Af-
fairs from the Department of Defense Education Benefits 
Fund when time spent as a full-time student is credited 
toward completion of a service commitment: Provided, That 
this section shall not apply to those members who have reen-
listed with this option prior to October 1, 1987: Provided 
further, That this section applies only to active components 
of the Army. 
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(TRANSFER OF FUNDS) 
SEC. 8015. (a) Funds appropriated in title III of this 
Act for the Department of Defense Pilot Mentor-Prote´ge´ 
Program may be transferred to any other appropriation 
contained in this Act solely for the purpose of implementing 
a Mentor-Prote´ge´ Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–510; 
10 U.S.C. 2302 note), as amended, under the authority of 
this provision or any other transfer authority contained in 
this Act. 
(b) The Secretary of Defense shall include with the 
budget justification documents in support of the budget for 
any fiscal year after fiscal year 2021 (as submitted to Con-
gress pursuant to section 1105 of title 31, United States 
Code) a description of each transfer under this section that 
occurred during the last fiscal year before the fiscal year 
in which such budget is submitted. 
SEC. 8016. None of the funds in this Act may be avail-
able for the purchase by the Department of Defense (and 
its departments and agencies) of welded shipboard anchor 
and mooring chain 4 inches in diameter and under unless 
the anchor and mooring chain are manufactured in the 
United States from components which are substantially 
manufactured in the United States: Provided, That for the 
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purpose of this section, the term ‘‘manufactured’’ shall in-
clude cutting, heat treating, quality control, testing of chain 
and welding (including the forging and shot blasting proc-
ess): Provided further, That for the purpose of this section 
substantially all of the components of anchor and mooring 
chain shall be considered to be produced or manufactured 
in the United States if the aggregate cost of the components 
produced or manufactured in the United States exceeds the 
aggregate cost of the components produced or manufactured 
outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis, the Sec-
retary of the Service responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying 
in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that such an ac-
quisition must be made in order to acquire capability for 
national security purposes. 
SEC. 8017. None of the funds available in this Act to 
the Department of Defense, other than appropriations made 
for necessary or routine refurbishments, upgrades or main-
tenance activities, shall be used to reduce or to prepare to 
reduce the number of deployed and non-deployed strategic 
delivery vehicles and launchers below the levels set forth in 
the report submitted to Congress in accordance with section 
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1042 of the National Defense Authorization Act for Fiscal 
Year 2012. 
SEC. 8018. None of the funds appropriated by this Act 
shall be used for the support of any nonappropriated funds 
activity of the Department of Defense that procures malt 
beverages and wine with nonappropriated funds for resale 
(including such alcoholic beverages sold by the drink) on 
a military installation located in the United States unless 
such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within 
the District of Columbia, in which the military installation 
is located: Provided, That, in a case in which the military 
installation is located in more than one State, purchases 
may be made in any State in which the installation is lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all 
alcoholic beverages only for military installations in States 
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, in contiguous States and the District of Columbia 
shall be procured from the most competitive source, price 
and other factors considered. 
SEC. 8019. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of 
M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 
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rifles, .30 caliber rifles, or M–1911 pistols, or to demili-
tarize or destroy small arms ammunition or ammunition 
components that are not otherwise prohibited from commer-
cial sale under Federal law, unless the small arms ammuni-
tion or ammunition components are certified by the Sec-
retary of the Army or designee as unserviceable or unsafe 
for further use. 
SEC. 8020. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used during 
a single fiscal year for any single relocation of an organiza-
tion, unit, activity or function of the Department of Defense 
into or within the National Capital Region: Provided, That 
the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congres-
sional defense committees that such a relocation is required 
in the best interest of the Government. 
SEC. 8021. In addition to the funds provided else- 
where in this Act, $25,000,000 is appropriated only for in-
centive payments authorized by section 504 of the Indian 
Financing Act of 1974 (25 U.S.C. 1544): Provided, That 
a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier 
as defined in section 1544 of title 25, United States Code, 
or a small business owned and controlled by an individual 
or individuals defined under section 4221(9) of title 25, 
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United States Code, shall be considered a contractor for the 
purposes of being allowed additional compensation under 
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 
1544) whenever the prime contract or subcontract amount 
is over $500,000 and involves the expenditure of funds ap-
propriated by an Act making appropriations for the De-
partment of Defense with respect to any fiscal year: Pro-
vided further, That notwithstanding section 1906 of title 41, 
United States Code, this section shall be applicable to any 
Department of Defense acquisition of supplies or services, 
including any contract and any subcontract at any tier for 
acquisition of commercial items produced or manufactured, 
in whole or in part, by any subcontractor or supplier de-
fined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or 
individuals defined under section 4221(9) of title 25, 
United States Code. 
SEC. 8022. Funds appropriated by this Act for the De-
fense Media Activity shall not be used for any national or 
international political or psychological activities. 
SEC. 8023. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not 
to exceed $350,000,000 for purposes specified in section 
2350j(c) of title 10, United States Code, in anticipation of 
receipt of contributions, only from the Government of Ku-
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wait, under that section: Provided, That, upon receipt, such 
contributions from the Government of Kuwait shall be cred-
ited to the appropriations or fund which incurred such obli-
gations. 
SEC. 8024. The Secretary of Defense shall notify the 
congressional defense committees in writing not more than 
30 days after the receipt of any contribution of funds re-
ceived from the government of a foreign country for any 
purpose relating to the stationing or operations of the 
United States Armed Forces: Provided, That such notifica-
tion shall include the amount of the contribution; the pur-
pose for which such contribution was made; and the author-
ity under which such contribution was accepted by the Sec-
retary of Defense: Provided further, That not fewer than 
15 days prior to obligating such funds, the Secretary of De-
fense shall submit to the congressional defense committees 
in writing a notification of the planned use of such con-
tributions, including whether such contributions would sup-
port existing or new stationing or operations of the United 
States Armed Forces. 
SEC. 8025. (a) Of the funds made available in this 
Act, not less than $56,205,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $43,205,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil 
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Air Patrol Corporation operation and maintenance, 
readiness, counter-drug activities, and drug demand 
reduction activities involving youth programs; 
(2) $11,200,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $1,800,000 shall be available from ‘‘Other 
Procurement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8026. (a) None of the funds appropriated in this 
Act are available to establish a new Department of Defense 
(department) federally funded research and development 
center (FFRDC), either as a new entity, or as a separate 
entity administrated by an organization managing another 
FFRDC, or as a nonprofit membership corporation con-
sisting of a consortium of other FFRDCs and other non-
profit entities. 
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, or any similar entity of a defense FFRDC, and no 
paid consultant to any defense FFRDC, except when acting 
in a technical advisory capacity, may be compensated for 
his or her services as a member of such entity, or as a paid 
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consultant by more than one FFRDC in a fiscal year: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses 
and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of member-
ship duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during the current fiscal year may be used by a defense 
FFRDC, through a fee or other payment mechanism, for 
construction of new buildings not located on a military in-
stallation, for payment of cost sharing for projects funded 
by Government grants, for absorption of contract overruns, 
or for certain charitable contributions, not to include em-
ployee participation in community service and/or develop-
ment. 
(d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2021, 
not more than 6,053 staff years of technical effort (staff 
years) may be funded for defense FFRDCs: Provided, That, 
within such funds for 6,053 staff years, funds shall be avail-
able only for 1,148 staff years for the defense studies and 
analysis FFRDCs: Provided further, That this subsection 
shall not apply to staff years funded in the National Intel-
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ligence Program (NIP) and the Military Intelligence Pro-
gram (MIP). 
(e) The Secretary of Defense shall, with the submission 
of the department’s fiscal year 2022 budget request, submit 
a report presenting the specific amounts of staff years of 
technical effort to be allocated for each defense FFRDC dur-
ing that fiscal year and the associated budget estimates. 
SEC. 8027. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy, 
or armor steel plate for use in any Government-owned facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States 
or Canada: Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, 
American Society of Testing and Materials (ASTM) or 
American Iron and Steel Institute (AISI) specifications of 
carbon, alloy or armor steel plate: Provided further, That 
the Secretary of the military department responsible for the 
procurement may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appro-
priations of the House of Representatives and the Senate 
that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and 
that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, 
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302 
That these restrictions shall not apply to contracts which 
are in being as of the date of the enactment of this Act. 
SEC. 8028. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services 
Committee of the House of Representatives, the Armed Serv-
ices Committee of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the Senate, and the 
Subcommittee on Defense of the Committee on Appropria-
tions of the House of Representatives. 
SEC. 8029. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well 
as the production of components and other Defense-related 
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of del-
egation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and 
private bids: Provided further, That Office of Management 
and Budget Circular A–76 shall not apply to competitions 
conducted under this section. 
SEC. 8030. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
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ment described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by 
the agreement, the Secretary of Defense shall rescind the 
Secretary’s blanket waiver of the Buy American Act with 
respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is 
any reciprocal defense procurement memorandum of 
understanding, between the United States and a for-
eign country pursuant to which the Secretary of De-
fense has prospectively waived the Buy American Act 
for certain products in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense pur-
chases from foreign entities in fiscal year 2021. Such report 
shall separately indicate the dollar value of items for which 
the Buy American Act was waived pursuant to any agree-
ment described in subsection (a)(2), the Trade Agreement 
Act of 1979 (19 U.S.C. 2501 et seq.), or any international 
agreement to which the United States is a party. 
(c) For purposes of this section, the term ‘‘Buy Amer-
ican Act’’ means chapter 83 of title 41, United States Code. 
SEC. 8031. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
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Facility Investment Recovery Account shall be available 
until expended for the payments specified by section 
2687a(b)(2) of title 10, United States Code. 
SEC. 8032. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North Dakota, 
South Dakota, Montana, Oregon, Minnesota, and Wash-
ington relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Moun-
tain Home Air Force Base, Ellsworth Air Force Base, and 
Minot Air Force Base that are excess to the needs of the 
Air Force. 
(b) The Secretary of the Air Force shall convey, at no 
cost to the Air Force, military housing units under sub-
section (a) in accordance with the request for such units 
that are submitted to the Secretary by the Operation Walk-
ing Shield Program on behalf of Indian tribes located in 
the States of Nevada, Idaho, North Dakota, South Dakota, 
Montana, Oregon, Minnesota, and Washington. Any such 
conveyance shall be subject to the condition that the housing 
units shall be removed within a reasonable period of time, 
as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for hous-
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ing units under subsection (a) before submitting requests 
to the Secretary of the Air Force under subsection (b). 
(d) In this section, the term ‘‘Indian tribe’’ means any 
recognized Indian tribe included on the current list pub-
lished by the Secretary of the Interior under section 104 
of the Federally Recognized Indian Tribe Act of 1994 (Pub-
lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 
SEC. 8033. During the current fiscal year, appropria-
tions which are available to the Department of Defense for 
operation and maintenance may be used to purchase items 
having an investment item unit cost of not more than 
$250,000. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8034. Subject to section 8005 of this Act, the Sec-
retary of Defense may transfer funds appropriated in fiscal 
year 2021 for ‘‘Shipbuilding and Conversion, Navy: LPD 
Flight II–LPD 31’’ to ‘‘Shipbuilding and Conversion, 
Navy: LPD 32 (AP)’’, and ‘‘Shipbuilding and Conversion, 
Navy: LPD 33 (AP)’’ for fiscal year 2021 advance procure-
ment authorized by section 124(c) of the National Defense 
Authorization Act for Fiscal Year 2021: Provided, That the 
transfer authority provided under this provision is in addi-
tion to any other transfer authority contained in this Act. 
SEC. 8035. Up to $14,000,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
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Navy’’ may be made available for the Asia Pacific Regional 
Initiative Program for the purpose of enabling the United 
States Indo-Pacific Command to execute Theater Security 
Cooperation activities such as humanitarian assistance, 
and payment of incremental and personnel costs of training 
and exercising with foreign security forces: Provided, That 
funds made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian 
assistance, security assistance or combined exercise ex-
penses: Provided further, That funds may not be obligated 
to provide assistance to any foreign country that is other-
wise prohibited from receiving such type of assistance under 
any other provision of law. 
SEC. 8036. The Secretary of Defense shall issue regula-
tions to prohibit the sale of any tobacco or tobacco-related 
products in military resale outlets in the United States, its 
territories and possessions at a price below the most com-
petitive price in the local community: Provided, That such 
regulations shall direct that the prices of tobacco or tobacco- 
related products in overseas military retail outlets shall be 
within the range of prices established for military retail 
system stores located in the United States. 
SEC. 8037. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the pur-
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chase of an investment item for the purpose of acquiring 
a new inventory item for sale or anticipated sale during 
the current fiscal year or a subsequent fiscal year to cus-
tomers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable to 
the Department of Defense Business Operations Fund dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense 
for procurement. 
(b) The fiscal year 2022 budget request for the Depart-
ment of Defense as well as all justification material and 
other documentation supporting the fiscal year 2022 De-
partment of Defense budget shall be prepared and submitted 
to the Congress on the basis that any equipment which was 
classified as an end item and funded in a procurement ap-
propriation contained in this Act shall be budgeted for in 
a proposed fiscal year 2022 procurement appropriation and 
not in the supply management business area or any other 
area or category of the Department of Defense Working 
Capital Funds. 
SEC. 8038. None of the funds appropriated by this Act 
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year, 
except for funds appropriated for the Reserve for Contin-
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gencies, which shall remain available until September 30, 
2022: Provided, That funds appropriated, transferred, or 
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any 
prior or subsequent fiscal year shall remain available until 
expended: Provided further, That any funds appropriated 
or transferred to the Central Intelligence Agency for ad-
vanced research and development acquisition, for agent op-
erations, and for covert action programs authorized by the 
President under section 503 of the National Security Act 
of 1947 (50 U.S.C. 3093) shall remain available until Sep-
tember 30, 2022: Provided further, That any funds appro-
priated or transferred to the Central Intelligence Agency for 
the construction, improvement, or alteration of facilities, 
including leased facilities, to be used primarily by per-
sonnel of the intelligence community shall remain available 
until September 30, 2023. 
SEC. 8039. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $12,000,000 shall be 
made available only for the mitigation of environmental 
impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost 
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to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities. 
SEC. 8040. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, complies 
with the Buy American Act. For purposes of this subsection, 
the term ‘‘Buy American Act’’ means chapter 83 of title 
41, United States Code. 
(b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing 
a ‘‘Made in America’’ inscription to any product sold in 
or shipped to the United States that is not made in Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment of Defense. 
(c) In the case of any equipment or products purchased 
with appropriations provided under this Act, it is the sense 
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive, 
quality competitive, and available in a timely fashion. 
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SEC. 8041. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the department 
who is transferred or reassigned from a headquarters 
activity if the member or employee’s place of duty re-
mains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), 
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of 
Representatives and the Senate that the granting of the 
waiver will reduce the personnel requirements or the finan-
cial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; 
(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of impro-
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats; 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of biomet-
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ric activities and to integrate common biometric tech-
nologies throughout the Department of Defense; or 
(4) an Air Force field operating agency estab-
lished to administer the Air Force Mortuary Affairs 
Program and Mortuary Operations for the Depart-
ment of Defense and authorized Federal entities. 
SEC. 8042. (a) None of the funds appropriated by this 
Act shall be available to convert to contractor performance 
an activity or function of the Department of Defense that, 
on or after the date of the enactment of this Act, is per-
formed by Department of Defense civilian employees un-
less— 
(1) the conversion is based on the result of a pub-
lic-private competition that includes a most efficient 
and cost effective organization plan developed by such 
activity or function; 
(2) the Competitive Sourcing Official determines 
that, over all performance periods stated in the solici-
tation of offers for performance of the activity or 
function, the cost of performance of the activity or 
function by a contractor would be less costly to the 
Department of Defense by an amount that equals or 
exceeds the lesser of— 
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance 
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of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advantage 
for a proposal that would reduce costs for the Depart-
ment of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the premium 
or subscription share than the amount that is 
paid by the Department of Defense for health 
benefits for civilian employees under chapter 89 
of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to 
subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461 of title 10, United States Code, and notwith-
standing any administrative regulation, requirement, or 
policy to the contrary shall have full authority to enter into 
a contract for the performance of any commercial or indus-
trial type function of the Department of Defense that— 
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(A) is included on the procurement list es-
tablished pursuant to section 2 of the Javits- 
Wagner-O’Day Act (section 8503 of title 41, 
United States Code); 
(B) is planned to be converted to perform-
ance by a qualified nonprofit agency for the 
blind or by a qualified nonprofit agency for 
other severely handicapped individuals in ac-
cordance with that Act; or 
(C) is planned to be converted to perform-
ance by a qualified firm under at least 51 per-
cent ownership by an Indian tribe, as defined in 
section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
450b(e)), or a Native Hawaiian Organization, as 
defined in section 8(a)(15) of the Small Business 
Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot con-
tracts or contracts for depot maintenance as provided 
in sections 2469 and 2474 of title 10, United States 
Code. 
(c) The conversion of any activity or function of the 
Department of Defense under the authority provided by this 
section shall be credited toward any competitive or out-
sourcing goal, target, or measurement that may be estab-
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lished by statute, regulation, or policy and is deemed to 
be awarded under the authority of, and in compliance with, 
subsection (h) of section 2304 of title 10, United States 
Code, for the competition or outsourcing of commercial ac-
tivities. 
(RESCISSIONS) 
SEC. 8043. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: Provided, That no amounts may 
be rescinded from amounts that were designated by the Con-
gress for Overseas Contingency Operations/Global War on 
Terrorism or as an emergency requirement pursuant to the 
Concurrent Resolution on the Budget or the Balanced Budg-
et and Emergency Deficit Control Act of 1985, as amended: 
‘‘Shipbuilding and Conversion, Navy: DDG–51 
Destroyer’’, 2014/2021, $66,567,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army’’, 2019/2021, $23,840,000; 
‘‘Aircraft 
Procurement, 
Navy’’, 
2019/2021, 
$23,094,000; 
‘‘Aircraft Procurement, Air Force’’, 2019/2021, 
$465,447,000; 
‘‘Other Procurement, Air Force’’, 2019/2021, 
$12,400,000; 
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‘‘Aircraft 
Procurement, 
Army’’, 
2020/2022, 
$26,900,000; 
‘‘Missile 
Procurement, 
Army’’, 
2020/2022, 
$2,377,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army’’, 2020/2022, $148,141,000; 
‘‘Procurement of Ammunition, Army’’, 2020/ 
2022, $7,500,000; 
‘‘Other 
Procurement, 
Army’’, 
2020/2022, 
$13,175,000; 
‘‘Aircraft 
Procurement, 
Navy’’, 
2020/2022, 
$417,128,000; 
‘‘Weapons 
Procurement, 
Navy’’, 
2020/2022, 
$7,500,000; 
‘‘Procurement of Ammunition, Navy and Marine 
Corps’’, 2020/2022, $8,973,000; 
‘‘Shipbuilding and Conversion, Navy: TAO Fleet 
Oiler (AP)’’, 2020/2024, $73,000,000; 
‘‘Shipbuilding and Conversion, Navy: CVN Re-
fueling Overhauls’’, 2020/2024, $13,100,000; 
‘‘Other 
Procurement, 
Navy’’, 
2020/2022, 
$87,052,000; 
‘‘Procurement, 
Marine 
Corps’’, 
2020/2022, 
$55,139,000; 
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‘‘Aircraft Procurement, Air Force’’, 2020/2022, 
$543,015,000; 
‘‘Missile Procurement, Air Force’’, 2020/2022, 
$24,500,000; 
‘‘Space Procurement, Air Force’’, 2020/2022, 
$64,400,000; 
‘‘Other Procurement, Air Force’’, 2020/2022, 
$66,726,000; 
‘‘Research, Development, Test and Evaluation, 
Army’’, 2020/2021, $284,228,000; 
‘‘Research, Development, Test and Evaluation, 
Navy’’, 2020/2021, $84,005,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force’’, 2020/2021, $251,809,000; 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide’’, 2020/2021, $378,031,000; and 
‘‘Defense Counterintelligence and Security Agen-
cy 
Working 
Capital 
Fund’’, 
2020/XXXX, 
$100,000,000. 
SEC. 8044. None of the funds available in this Act may 
be used to reduce the authorized positions for military tech-
nicians (dual status) of the Army National Guard, Air Na-
tional Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military techni-
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cians (dual status), unless such reductions are a direct re-
sult of a reduction in military force structure. 
SEC. 8045. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose: 
Provided, That this restriction shall not apply to any ac-
tivities incidental to the Defense POW/MIA Accounting 
Agency mission to recover and identify the remains of 
United States Armed Forces personnel from the Democratic 
People’s Republic of Korea. 
SEC. 8046. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel and 
training procedures. 
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SEC. 8047. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any 
other department or agency of the United States except as 
specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction or 
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8048. None of the funds appropriated by this Act 
may be used for the procurement of ball and roller bearings 
other than those produced by a domestic source and of do-
mestic origin: Provided, That the Secretary of the military 
department responsible for such procurement may waive 
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of 
Representatives and the Senate, that adequate domestic 
supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition 
must be made in order to acquire capability for national 
security purposes: Provided further, That this restriction 
shall not apply to the purchase of ‘‘commercial items’’, as 
defined by section 103 of title 41, United States Code, except 
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that the restriction shall apply to ball or roller bearings 
purchased as end items. 
SEC. 8049. Of the amounts appropriated for ‘‘Working 
Capital Fund, Army’’, $125,000,000 shall be available to 
maintain competitive rates at the arsenals. 
SEC. 8050. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$49,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the Sec-
retary of Defense that it shall serve the national interest, 
the Secretary shall make grants in the amounts specified 
as follows: $24,000,000 to the United Service Organizations 
and $25,000,000 to the Red Cross. 
SEC. 8051. None of the funds in this Act may be used 
to purchase any supercomputer which is not manufactured 
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for 
national security purposes that is not available from 
United States manufacturers. 
SEC. 8052. Notwithstanding any other provision in 
this Act, the Small Business Innovation Research program 
and the Small Business Technology Transfer program set- 
asides shall be taken proportionally from all programs, 
projects, or activities to the extent they contribute to the 
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extramural budget. The Secretary of each military depart-
ment, the Director of each Defense Agency, and the head 
of each other relevant component of the Department of De-
fense shall submit to the congressional defense committees, 
concurrent with submission of the budget justification docu-
ments to Congress pursuant to section 1105 of title 31, 
United States Code, a report with a detailed accounting 
of the Small Business Innovation Research program and 
the Small Business Technology Transfer program set-asides 
taken from programs, projects, or activities within such de-
partment, agency, or component during the most recently 
completed fiscal year. 
SEC. 8053. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the 
contractor to an employee when— 
(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the 
employee; and 
(2) such bonus is part of restructuring costs asso-
ciated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8054. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act under 
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the heading ‘‘Operation and Maintenance, Defense-Wide’’ 
may be transferred to appropriations available for the pay 
of military personnel, to be merged with, and to be available 
for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in con-
nection with support and services for eligible organizations 
and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code. 
SEC. 8055. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or 
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of avail-
ability or closing of that account; 
(2) the obligation is not otherwise properly 
chargeable to any current appropriation account of 
the Department of Defense; and 
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(3) in the case of an expired account, the obliga-
tion is not chargeable to a current appropriation of 
the Department of Defense under the provisions of sec-
tion 1405(b)(8) of the National Defense Authorization 
Act for Fiscal Year 1991, Public Law 101–510, as 
amended (31 U.S.C. 1551 note): Provided, That in 
the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a 
negative unliquidated or unexpended balance in the 
account, any charge to a current account under the 
authority of this section shall be reversed and re-
corded against the expired account: Provided further, 
That the total amount charged to a current appro-
priation under this section may not exceed an 
amount equal to 1 percent of the total appropriation 
for that account: 
Provided, That the Under Secretary of Defense (Comp-
troller) shall include with the budget of the President for 
fiscal year 2022 (as submitted to Congress pursuant to sec-
tion 1105 of title 31, United States Code) a statement de-
scribing each instance if any, during each of the fiscal years 
2016 through 2021 in which the authority in this section 
was exercised. 
SEC. 8056. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may permit 
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the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available, 
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such 
use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8057. Of the funds appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, $46,000,000 shall be for continued implementation 
and expansion of the Sexual Assault Special Victims’ Coun-
sel Program: Provided, That the funds are made available 
for transfer to the Department of the Army, the Department 
of the Navy, and the Department of the Air Force: Provided 
further, That funds transferred shall be merged with and 
available for the same purposes and for the same time pe-
riod as the appropriations to which the funds are trans-
ferred: Provided further, That this transfer authority is in 
addition to any other transfer authority provided in this 
Act. 
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SEC. 8058. None of the funds appropriated in title IV 
of this Act may be used to procure end-items for delivery 
to military forces for operational training, operational use 
or inventory requirements: Provided, That this restriction 
does not apply to end-items used in development, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion does not apply to programs funded within the National 
Intelligence Program: Provided further, That the Secretary 
of Defense shall, at the time of the submittal to Congress 
of the budget of the President for fiscal year 2022 pursuant 
to section 1105 of title 31, United States Code, submit to 
the congressional defense committees a report detailing the 
use of funds requested in research, development, test and 
evaluation accounts for end-items used in development, 
prototyping and test activities preceding and leading to ac-
ceptance for operational use: Provided further, That the re-
port shall set forth, for each end-item covered by the pre-
ceding proviso, a detailed list of the statutory authorities 
under which amounts in the accounts described in that pro-
viso were used for such item: Provided further, That the 
Secretary of Defense shall, at the time of the submittal to 
Congress of the budget of the President for fiscal year 2022 
pursuant to section 1105 of title 31, United States Code, 
submit to the congressional defense committees a certifi-
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cation that funds requested for fiscal year 2022 in research, 
development, test and evaluation are in compliance with 
this section: Provided further, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that it is in 
the national security interest to do so. 
SEC. 8059. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered into 
between the Department of Defense and the foreign country, 
or would invalidate reciprocal trade agreements for the pro-
curement of defense items entered into under section 2531 
of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items pro-
duced in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or 
after the date of the enactment of this Act; and 
(2) options for the procurement of items that are 
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
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justed for any reason other than the application of a 
waiver granted under subsection (a). 
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by 
section XI (chapters 50–65) of the Harmonized Tariff 
Schedule of the United States and products classified under 
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 
through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8060. None of the funds appropriated or other-
wise made available by this or other Department of Defense 
Appropriations Acts may be obligated or expended for the 
purpose of performing repairs or maintenance to military 
family housing units of the Department of Defense, includ-
ing areas in such military family housing units that may 
be used for the purpose of conducting official Department 
of Defense business. 
SEC. 8061. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’ 
for any new start advanced concept technology demonstra-
tion project or joint capability demonstration project may 
only be obligated 45 days after a report, including a de-
scription of the project, the planned acquisition and transi-
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tion strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense com-
mittees: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying to the 
congressional defense committees that it is in the national 
interest to do so. 
SEC. 8062. The Secretary of Defense shall continue to 
provide a classified quarterly report to the Committees on 
Appropriations of the House of Representatives and the 
Senate, Subcommittees on Defense on certain matters as di-
rected in the classified annex accompanying this Act. 
SEC. 8063. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of the 
National Guard serving on full-time National Guard duty 
under section 502(f) of title 32, United States Code, may 
perform duties in support of the ground-based elements of 
the National Ballistic Missile Defense System. 
SEC. 8064. None of the funds provided in this Act may 
be used to transfer to any nongovernmental entity ammuni-
tion held by the Department of Defense that has a center- 
fire cartridge and a United States military nomenclature 
designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 
‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
cendiary tracer (API–T)’’, except to an entity performing 
demilitarization services for the Department of Defense 
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under a contract that requires the entity to demonstrate to 
the satisfaction of the Department of Defense that armor 
piercing projectiles are either: (1) rendered incapable of 
reuse by the demilitarization process; or (2) used to manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for 
export pursuant to a License for Permanent Export of Un-
classified Military Articles issued by the Department of 
State. 
SEC. 8065. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under section 2667 
of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to 
any organization specified in section 508(d) of title 32, 
United States Code, or any other youth, social, or fraternal 
nonprofit organization as may be approved by the Chief 
of the National Guard Bureau, or his designee, on a case- 
by-case basis. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8066. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$133,724,000 shall remain available until expended: Pro-
vided, That, notwithstanding any other provision of law, 
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the Secretary of Defense is authorized to transfer such funds 
to other activities of the Federal Government: Provided fur-
ther, That the Secretary of Defense is authorized to enter 
into and carry out contracts for the acquisition of real 
property, construction, personal services, and operations re-
lated to projects carrying out the purposes of this section: 
Provided further, That contracts entered into under the au-
thority of this section may provide for such indemnification 
as the Secretary determines to be necessary: Provided fur-
ther, That projects authorized by this section shall comply 
with applicable Federal, State, and local law to the max-
imum extent consistent with the national security, as deter-
mined by the Secretary of Defense. 
SEC. 8067. (a) None of the funds appropriated in this 
or any other Act may be used to take any action to mod-
ify— 
(1) the appropriations account structure for the 
National Intelligence Program budget, including 
through the creation of a new appropriation or new 
appropriation account; 
(2) how the National Intelligence Program budg-
et request is presented in the unclassified P–1, R–1, 
and O–1 documents supporting the Department of 
Defense budget request; 
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(3) the process by which the National Intelligence 
Program appropriations are apportioned to the exe-
cuting agencies; or 
(4) the process by which the National Intelligence 
Program appropriations are allotted, obligated and 
disbursed. 
(b) Nothing in subsection (a) shall be construed to pro-
hibit the merger of programs or changes to the National 
Intelligence Program budget at or below the Expenditure 
Center level, provided such change is otherwise in accord-
ance with paragraphs (a)(1)–(3). 
(c) The Director of National Intelligence and the Sec-
retary of Defense may jointly, only for the purposes of 
achieving auditable financial statements and improving fis-
cal reporting, study and develop detailed proposals for al-
ternative financial management processes. Such study shall 
include a comprehensive counterintelligence risk assessment 
to ensure that none of the alternative processes will ad-
versely affect counterintelligence. 
(d) Upon development of the detailed proposals defined 
under subsection (c), the Director of National Intelligence 
and the Secretary of Defense shall— 
(1) provide the proposed alternatives to all af-
fected agencies; 
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(2) receive certification from all affected agencies 
attesting that the proposed alternatives will help 
achieve auditability, improve fiscal reporting, and 
will not adversely affect counterintelligence; and 
(3) not later than 30 days after receiving all nec-
essary certifications under paragraph (2), present the 
proposed alternatives and certifications to the con-
gressional defense and intelligence committees. 
SEC. 8068. In addition to amounts provided elsewhere 
in this Act, $10,000,000 is hereby appropriated to the De-
partment of Defense, to remain available for obligation 
until expended: Provided, That notwithstanding any other 
provision of law, that upon the determination of the Sec-
retary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher 
House Foundation, Inc., only for the construction and fur-
nishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness 
or hospitalization of an eligible military beneficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Navy’’, up to $1,000,000 shall be 
available for transfer to the John C. Stennis Center for Pub-
lic Service Development Trust Fund established under sec-
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tion 116 of the John C. Stennis Center for Public Service 
Training and Development Act (2 U.S.C. 1105). 
SEC. 8070. None of the funds available to the Depart-
ment of Defense may be obligated to modify command and 
control relationships to give Fleet Forces Command oper-
ational and administrative control of United States Navy 
forces assigned to the Pacific fleet: Provided, That the com-
mand and control relationships which existed on October 
1, 2004, shall remain in force until a written modification 
has been proposed to the Committees on Appropriations of 
the House of Representatives and the Senate: Provided fur-
ther, That the proposed modification may be implemented 
30 days after the notification unless an objection is received 
from either the House or Senate Appropriations Commit-
tees: Provided further, That any proposed modification 
shall not preclude the ability of the commander of United 
States Indo-Pacific Command to meet operational require-
ments. 
SEC. 8071. Any notice that is required to be submitted 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate under section 806(c)(4) of the 
Bob Stump National Defense Authorization Act for Fiscal 
Year 2003 (10 U.S.C. 2302 note) after the date of the enact-
ment of this Act shall be submitted pursuant to that require-
ment concurrently to the Subcommittees on Defense of the 
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Committees on Appropriations of the House of Representa-
tives and the Senate. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8072. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’, 
$500,000,000 shall be for the Israeli Cooperative Programs: 
Provided, That of this amount, $73,000,000 shall be for the 
Secretary of Defense to provide to the Government of Israel 
for the procurement of the Iron Dome defense system to 
counter short-range rocket threats, subject to the U.S.-Israel 
Iron 
Dome 
Procurement 
Agreement, 
as 
amended; 
$177,000,000 shall be for the Short Range Ballistic Missile 
Defense (SRBMD) program, including cruise missile de-
fense research and development under the SRBMD pro-
gram, of which $50,000,000 shall be for co-production ac-
tivities of SRBMD systems in the United States and in 
Israel to meet Israel’s defense requirements consistent with 
each nation’s laws, regulations, and procedures, subject to 
the U.S.-Israeli co-production agreement for SRBMD, as 
amended; $77,000,000 shall be for an upper-tier component 
to the Israeli Missile Defense Architecture, of which 
$77,000,000 shall be for co-production activities of Arrow 
3 Upper Tier systems in the United States and in Israel 
to meet Israel’s defense requirements consistent with each 
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nation’s laws, regulations, and procedures, subject to the 
U.S.-Israeli co-production agreement for Arrow 3 Upper 
Tier, as amended; and $173,000,000 shall be for the Arrow 
System Improvement Program including development of a 
long range, ground and airborne, detection suite: Provided 
further, That the transfer authority provided under this 
provision is in addition to any other transfer authority con-
tained in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8073. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$407,312,000 shall be available until September 30, 2021, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of the Navy 
shall transfer funds to the following appropriations in the 
amounts specified: Provided further, That the amounts 
transferred shall be merged with and be available for the 
same purposes as the appropriations to which transferred 
to: 
(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2008/2021: Carrier Replacement Pro-
gram $71,000,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, 
Navy’’, 
2015/2021: 
DDG–51 
Destroyer 
$9,634,000; 
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(3) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2016/2021: CVN Refueling Overhauls 
$186,200,000; 
(4) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2016/2021: LPD–17 $30,578,000; 
(5) Under the heading ‘‘Shipbuilding and Con-
version, 
Navy’’, 
2016/2021: 
TAO 
Fleet 
Oiler 
$42,500,000; 
(6) Under the heading ‘‘Shipbuilding and Con-
version, 
Navy’’, 
2018/2021: 
TAO 
Fleet 
Oiler 
$17,400,000; and 
(7) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2018/2021: Expeditionary Fast 
Transport $50,000,000. 
SEC. 8074. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 3094) during fiscal year 2021 
until the enactment of the Intelligence Authorization Act 
for Fiscal Year 2021. 
SEC. 8075. None of the funds provided in this Act shall 
be available for obligation or expenditure through a re-
programming of funds that creates or initiates a new pro-
gram, project, or activity unless such program, project, or 
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activity must be undertaken immediately in the interest of 
national security and only after written prior notification 
to the congressional defense committees. 
SEC. 8076. The budget of the President for fiscal year 
2022 submitted to the Congress pursuant to section 1105 
of title 31, United States Code, shall include separate budget 
justification documents for costs of United States Armed 
Forces’ participation in contingency operations for the 
Military Personnel accounts, the Operation and Mainte-
nance accounts, the Procurement accounts, and the Re-
search, Development, Test and Evaluation accounts: Pro-
vided, That these documents shall include a description of 
the funding requested for each contingency operation, for 
each military service, to include all Active and Reserve 
components, and for each appropriations account: Provided 
further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation 
of increases and decreases for each contingency operation, 
and programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and esti-
mates of the major weapons systems deployed in support 
of each contingency: Provided further, That these documents 
shall include budget exhibits OP–5 and OP–32 (as defined 
in the Department of Defense Financial Management Regu-
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lation) for all contingency operations for the budget year 
and the two preceding fiscal years. 
SEC. 8077. None of the funds in this Act may be used 
for research, development, test, evaluation, procurement or 
deployment of nuclear armed interceptors of a missile de-
fense system. 
SEC. 8078. The Secretary of Defense may use up to 
$650,000,000 of the amounts appropriated or otherwise 
made available in this Act to the Department of Defense 
for the rapid acquisition and deployment of supplies and 
associated support services pursuant to section 806 of the 
Bob Stump National Defense Authorization Act for Fiscal 
Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note), but 
only for the purposes specified in clauses (i), (ii), (iii), and 
(iv) of subsection (c)(3)(B) of such section and subject to 
the applicable limits specified in clauses (i), (ii), and (iii) 
of such subsection and, in the case of clause (iv) of such 
subsection, subject to a limit of $50,000,000: Provided, That 
the Secretary of Defense shall notify the congressional de-
fense committees promptly of all uses of this authority. 
SEC. 8079. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the lev-
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els funded in this Act: Provided, That the Air Force shall 
allow the 53rd Weather Reconnaissance Squadron to per-
form other missions in support of national defense require-
ments during the non-hurricane season. 
SEC. 8080. None of the funds provided in this Act shall 
be available for integration of foreign intelligence informa-
tion unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intel-
ligence activities: Provided, That information pertaining to 
United States persons shall only be handled in accordance 
with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Execu-
tive Order No. 12333. 
SEC. 8081. (a) None of the funds appropriated by this 
Act may be used to transfer research and development, ac-
quisition, or other program authority relating to current 
tactical unmanned aerial vehicles (TUAVs) from the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Gray Eagle Unmanned Aerial 
Vehicle (UAV) in order to support the Secretary of Defense 
in matters relating to the employment of unmanned aerial 
vehicles. 
SEC. 8082. None of the funds appropriated by this Act 
for programs of the Office of the Director of National Intel-
ligence shall remain available for obligation beyond the cur-
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rent fiscal year, except for funds appropriated for research 
and technology, which shall remain available until Sep-
tember 30, 2022. 
SEC. 8083. For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8084. (a) Not later than 60 days after the date 
of enactment of this Act, the Director of National Intel-
ligence shall submit a report to the congressional intel-
ligence committees to establish the baseline for application 
of reprogramming and transfer authorities for fiscal year 
2021: Provided, That the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) a delineation in the table for each appropria-
tion by Expenditure Center and project; and 
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(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence cer-
tifies in writing to the congressional intelligence committees 
that such reprogramming or transfer is necessary as an 
emergency requirement. 
SEC. 8085. Notwithstanding any other provision of 
law, any transfer of funds, appropriated or otherwise made 
available by this Act, for support to friendly foreign coun-
tries in connection with the conduct of operations in which 
the United States is not participating, pursuant to section 
331(d) of title 10, United States Code, shall be made in 
accordance with section 8005 or 9002 of this Act, as appli-
cable. 
SEC. 8086. Any transfer of amounts appropriated to 
the Department of Defense Acquisition Workforce Develop-
ment Account in or for fiscal year 2021 to a military de-
partment or Defense Agency pursuant to section 1705(e)(1) 
of title 10, United States Code, shall be covered by and sub-
ject to section 8005 or 9002 of this Act, as applicable. 
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SEC. 8087. None of the funds made available by this 
Act for excess defense articles, assistance under section 333 
of title 10, United States Code, or peacekeeping operations 
for the countries designated annually to be in violation of 
the standards of the Child Soldiers Prevention Act of 2008 
(Public Law 110–457; 22 U.S.C. 2370c–1) may be used to 
support any military training or operation that includes 
child soldiers, as defined by the Child Soldiers Prevention 
Act of 2008, unless such assistance is otherwise permitted 
under section 404 of the Child Soldiers Prevention Act of 
2008. 
SEC. 8088. (a) None of the funds provided for the Na-
tional Intelligence Program in this or any prior appropria-
tions Act shall be available for obligation or expenditure 
through a reprogramming or transfer of funds in accord-
ance with section 102A(d) of the National Security Act of 
1947 (50 U.S.C. 3024(d)) that— 
(1) creates a new start effort; 
(2) terminates a program with appropriated 
funding of $10,000,000 or more; 
(3) transfers funding into or out of the National 
Intelligence Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are 
notified 30 days in advance of such reprogramming 
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of funds; this notification period may be reduced for 
urgent national security requirements. 
(b) None of the funds provided for the National Intel-
ligence Program in this or any prior appropriations Act 
shall be available for obligation or expenditure through a 
reprogramming or transfer of funds in accordance with sec-
tion 102A(d) of the National Security Act of 1947 (50 
U.S.C. 3024(d)) that results in a cumulative increase or 
decrease of the levels specified in the classified annex accom-
panying the Act unless the congressional intelligence com-
mittees are notified 30 days in advance of such reprogram-
ming of funds; this notification period may be reduced for 
urgent national security requirements. 
SEC. 8089. In this fiscal year and each fiscal year 
thereafter, funds appropriated under the heading ‘‘Procure-
ment, Space Force’’ may be obligated for payment of sat-
ellite on-orbit incentives in the fiscal year in which an in-
centive payment is earned: Provided, That any obligation 
made pursuant to this section may not be entered into until 
30 calendar days in session after the congressional defense 
committees have been notified that an on-orbit incentive 
payment has been earned. 
SEC. 8090. For the purposes of this Act, the term ‘‘con-
gressional intelligence committees’’ means the Permanent 
Select Committee on Intelligence of the House of Represent-
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atives, the Select Committee on Intelligence of the Senate, 
the Subcommittee on Defense of the Committee on Appro-
priations of the House of Representatives, and the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8091. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made in 
title II of this Act for ‘‘Operation and Maintenance, Army’’, 
‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and 
Maintenance, Air Force’’ may be transferred by the mili-
tary department concerned to its central fund established 
for Fisher Houses and Suites pursuant to section 2493(d) 
of title 10, United States Code. 
SEC. 8092. None of the funds appropriated by this Act 
may be available for the purpose of making remittances to 
the Department of Defense Acquisition Workforce Develop-
ment Account in accordance with section 1705 of title 10, 
United States Code. 
SEC. 8093. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public Web site of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agency 
that it shall serve the national interest. 
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(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises 
national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less 
than 45 days. 
SEC. 8094. (a) None of the funds appropriated or oth-
erwise made available by this Act may be expended for any 
Federal contract for an amount in excess of $1,000,000, un-
less the contractor agrees not to— 
(1) enter into any agreement with any of its em-
ployees or independent contractors that requires, as a 
condition of employment, that the employee or inde-
pendent contractor agree to resolve through arbitra-
tion any claim under title VII of the Civil Rights Act 
of 1964 or any tort related to or arising out of sexual 
assault or harassment, including assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion; or 
(2) take any action to enforce any provision of 
an existing agreement with an employee or inde-
pendent contractor that mandates that the employee 
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or independent contractor resolve through arbitration 
any claim under title VII of the Civil Rights Act of 
1964 or any tort related to or arising out of sexual 
assault or harassment, including assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion. 
(b) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal con-
tract unless the contractor certifies that it requires each cov-
ered subcontractor to agree not to enter into, and not to 
take any action to enforce any provision of, any agreement 
as described in paragraphs (1) and (2) of subsection (a), 
with respect to any employee or independent contractor per-
forming work related to such subcontract. For purposes of 
this subsection, a ‘‘covered subcontractor’’ is an entity that 
has a subcontract in excess of $1,000,000 on a contract sub-
ject to subsection (a). 
(c) The prohibitions in this section do not apply with 
respect to a contractor’s or subcontractor’s agreements with 
employees or independent contractors that may not be en-
forced in a court of the United States. 
(d) The Secretary of Defense may waive the applica-
tion of subsection (a) or (b) to a particular contractor or 
subcontractor for the purposes of a particular contract or 
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subcontract if the Secretary or the Deputy Secretary per-
sonally determines that the waiver is necessary to avoid 
harm to national security interests of the United States, 
and that the term of the contract or subcontract is not 
longer than necessary to avoid such harm. The determina-
tion shall set forth with specificity the grounds for the waiv-
er and for the contract or subcontract term selected, and 
shall state any alternatives considered in lieu of a waiver 
and the reasons each such alternative would not avoid harm 
to national security interests of the United States. The Sec-
retary of Defense shall transmit to Congress, and simulta-
neously make public, any determination under this sub-
section not less than 15 business days before the contract 
or subcontract addressed in the determination may be 
awarded. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8095. From within the funds appropriated for 
operation and maintenance for the Defense Health Program 
in this Act, up to $137,000,000, shall be available for trans-
fer to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund in ac-
cordance with the provisions of section 1704 of the National 
Defense Authorization Act for Fiscal Year 2010, Public Law 
111–84: Provided, That for purposes of section 1704(b), the 
facility operations funded are operations of the integrated 
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Captain James A. Lovell Federal Health Care Center, con-
sisting of the North Chicago Veterans Affairs Medical Cen-
ter, the Navy Ambulatory Care Center, and supporting fa-
cilities designated as a combined Federal medical facility 
as described by section 706 of Public Law 110–417: Pro-
vided further, That additional funds may be transferred 
from funds appropriated for operation and maintenance for 
the Defense Health Program to the Joint Department of De-
fense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Sec-
retary of Defense to the Committees on Appropriations of 
the House of Representatives and the Senate. 
SEC. 8096. None of the funds appropriated or other-
wise made available by this Act may be used by the Depart-
ment of Defense or a component thereof in contravention 
of the provisions of section 130h of title 10, United States 
Code. 
SEC. 8097. Appropriations available to the Depart-
ment of Defense may be used for the purchase of heavy and 
light armored vehicles for the physical security of personnel 
or for force protection purposes up to a limit of $450,000 
per vehicle, notwithstanding price or other limitations ap-
plicable to the purchase of passenger carrying vehicles. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 8098. Upon a determination by the Director of 
National Intelligence that such action is necessary and in 
the national interest, the Director may, with the approval 
of the Office of Management and Budget, transfer not to 
exceed $1,500,000,000 of the funds made available in this 
Act for the National Intelligence Program: Provided, That 
such authority to transfer may not be used unless for higher 
priority items, based on unforeseen intelligence require-
ments, than those for which originally appropriated and 
in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That a 
request for multiple reprogrammings of funds using author-
ity provided in this section shall be made prior to June 
30, 2021. 
SEC. 8099. None of the funds made available by this 
Act may be used in contravention of the War Powers Reso-
lution (50 U.S.C. 1541 et seq.). 
SEC. 8100. None of the funds appropriated or other-
wise made available in this or any other Act may be used 
to transfer, release, or assist in the transfer or release to 
or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
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(2) is or was held on or after June 24, 2009, at 
United States Naval Station, Guanta´namo Bay, 
Cuba, by the Department of Defense. 
SEC. 8101. None of the funds appropriated or other-
wise made available in this Act may be used to transfer 
any individual detained at United States Naval Station 
Guanta´namo Bay, Cuba, to the custody or control of the 
individual’s country of origin, any other foreign country, 
or any other foreign entity except in accordance with sec-
tion 1034 of the National Defense Authorization Act for Fis-
cal Year 2016 (Public Law 114–92) and section 1035 of 
the John S. McCain National Defense Authorization Act for 
Fiscal Year 2019 (Public Law 115–232). 
SEC. 8102. (a) None of the funds appropriated or oth-
erwise made available by this or any other Act may be used 
by the Secretary of Defense, or any other official or officer 
of the Department of Defense, to enter into a contract, 
memorandum of understanding, or cooperative agreement 
with, or make a grant to, or provide a loan or loan guar-
antee 
to 
Rosoboronexport 
or 
any 
subsidiary 
of 
Rosoboronexport. 
(b) The Secretary of Defense may waive the limitation 
in subsection (a) if the Secretary, in consultation with the 
Secretary of State and the Director of National Intelligence, 
determines that it is in the vital national security interest 
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of the United States to do so, and certifies in writing to 
the congressional defense committees that— 
(1) Rosoboronexport has ceased the transfer of le-
thal military equipment to, and the maintenance of 
existing lethal military equipment for, the Govern-
ment of the Syrian Arab Republic; 
(2) the armed forces of the Russian Federation 
have withdrawn from Crimea, other than armed 
forces present on military bases subject to agreements 
in force between the Government of the Russian Fed-
eration and the Government of Ukraine; and 
(3) agents of the Russian Federation have ceased 
taking active measures to destabilize the control of the 
Government of Ukraine over eastern Ukraine. 
(c) The Inspector General of the Department of Defense 
shall 
conduct 
a 
review 
of 
any 
action 
involving 
Rosoboronexport with respect to a waiver issued by the Sec-
retary of Defense pursuant to subsection (b), and not later 
than 90 days after the date on which such a waiver is issued 
by the Secretary of Defense, the Inspector General shall sub-
mit to the congressional defense committees a report con-
taining the results of the review conducted with respect to 
such waiver. 
SEC. 8103. None of the funds made available in this 
Act may be used for the purchase or manufacture of a flag 
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of the United States unless such flags are treated as covered 
items under section 2533a(b) of title 10, United States 
Code. 
SEC. 8104. (a) None of the funds appropriated or oth-
erwise made available in this or any other Act may be used 
to construct, acquire, or modify any facility in the United 
States, its territories, or possessions to house any individual 
described in subsection (c) for the purposes of detention or 
imprisonment in the custody or under the effective control 
of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval 
Station, Guanta´namo Bay, Cuba. 
(c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guanta´namo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guanta´namo Bay, Cuba. 
SEC. 8105. Of the amounts appropriated in this Act 
for ‘‘Shipbuilding and Conversion, Navy’’, $60,000,000, to 
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remain available for obligation until September 30, 2025, 
may be used for the purchase of two used sealift vessels for 
the National Defense Reserve Fleet, established under sec-
tion 11 of the Merchant Ship Sales Act of 1946 (46 U.S.C. 
57100): Provided, That such amounts are available for re-
imbursements to the Ready Reserve Force, Maritime Ad-
ministration account of the United States Department of 
Transportation for programs, projects, activities, and ex-
penses related to the National Defense Reserve Fleet: Pro-
vided further, That notwithstanding 10 U.S.C. 2218 (Na-
tional Defense Sealift Fund), none of these funds shall be 
transferred to the National Defense Sealift Fund for execu-
tion. 
SEC. 8106. The Secretary of Defense shall post grant 
awards on a public website in a searchable format. 
SEC. 8107. If the Secretary of a military department 
reduces each research, development, test and evaluation, and 
procurement account of the military department pursuant 
to paragraph (1) of section 828(d) of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 10 U.S.C. 2430 note), the Secretary shall allocate the 
reduction determined under paragraph (2) of such section 
828(d) proportionally from all programs, projects, or ac-
tivities under such account: Provided, That the authority 
under section 804(d)(2) of the National Defense Authoriza-
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tion Act for Fiscal Year 2016 (Public Law 114–92; 10 
U.S.C. 2302 note) to transfer amounts available in the 
Rapid Prototyping Fund shall be subject to section 8005 
or 9002 of this Act, as applicable. 
SEC. 8108. None of the funds made available by this 
Act may be used by the National Security Agency to— 
(1) conduct an acquisition pursuant to section 
702 of the Foreign Intelligence Surveillance Act of 
1978 for the purpose of targeting a United States per-
son; or 
(2) acquire, monitor, or store the contents (as 
such term is defined in section 2510(8) of title 18, 
United States Code) of any electronic communication 
of a United States person from a provider of elec-
tronic communication services to the public pursuant 
to section 501 of the Foreign Intelligence Surveillance 
Act of 1978. 
SEC. 8109. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of any agency funded by this Act who 
approves or implements the transfer of administrative re-
sponsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction 
of another Federal agency not financed by this Act without 
the express authorization of Congress: Provided, That this 
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limitation shall not apply to transfers of funds expressly 
provided for in Defense Appropriations Acts, or provisions 
of Acts providing supplemental appropriations for the De-
partment of Defense. 
SEC. 8110. Of the amounts appropriated in this Act 
for ‘‘Operation and Maintenance, Navy’’, $376,029,000, to 
remain available until expended, may be used for any pur-
poses related to the National Defense Reserve Fleet estab-
lished under section 11 of the Merchant Ship Sales Act of 
1946 (46 U.S.C. 57100): Provided, That such amounts are 
available for reimbursements to the Ready Reserve Force, 
Maritime Administration account of the United States De-
partment of Transportation for programs, projects, activi-
ties, and expenses related to the National Defense Reserve 
Fleet. 
SEC. 8111. None of the funds made available in this 
Act may be obligated for activities authorized under section 
1208 of the Ronald W. Reagan National Defense Authoriza-
tion Act for Fiscal Year 2005 (Public Law 112–81; 125 
Stat. 1621) to initiate support for, or expand support to, 
foreign forces, irregular forces, groups, or individuals unless 
the congressional defense committees are notified in accord-
ance with the direction contained in the classified annex 
accompanying this Act, not less than 15 days before initi-
ating such support: Provided, That none of the funds made 
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available in this Act may be used under section 1208 for 
any activity that is not in support of an ongoing military 
operation being conducted by United States Special Oper-
ations Forces to combat terrorism: Provided further, That 
the Secretary of Defense may waive the prohibitions in this 
section if the Secretary determines that such waiver is re-
quired by extraordinary circumstances and, by not later 
than 72 hours after making such waiver, notifies the con-
gressional defense committees of such waiver. 
SEC. 8112. The Secretary of Defense, in consultation 
with the Service Secretaries, shall submit a report to the 
congressional defense committees, not later than 180 days 
after the enactment of this Act, detailing the submission of 
records during the previous 12 months to databases acces-
sible to the National Instant Criminal Background Check 
System (NICS), including the Interstate Identification 
Index (III), the National Crime Information Center 
(NCIC), and the NICS Index, as required by Public Law 
110–180: Provided, That such report shall provide the num-
ber and category of records submitted by month to each such 
database, by Service or Component: Provided further, That 
such report shall identify the number and category of 
records submitted by month to those databases for which 
the Identification for Firearm Sales (IFFS) flag or other 
database flags were used to pre-validate the records and in-
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dicate that such persons are prohibited from receiving or 
possessing a firearm: Provided further, That such report 
shall describe the steps taken during the previous 12 
months, by Service or Component, to ensure complete and 
accurate submission and appropriate flagging of records of 
individuals prohibited from gun possession or receipt pur-
suant to 18 U.S.C. 922(g) or (n) including applicable 
records involving proceedings under the Uniform Code of 
Military Justice. 
SEC. 8113. (a) None of the funds provided in this Act 
for the TAO Fleet Oiler program shall be used to award 
a new contract that provides for the acquisition of the fol-
lowing components unless those components are manufac-
tured in the United States: Auxiliary equipment (including 
pumps) for shipboard services; propulsion equipment (in-
cluding engines, reduction gears, and propellers); shipboard 
cranes; and spreaders for shipboard cranes. 
(b) None of the funds provided in this Act for the 
FFG(X) Frigate program shall be used to award a new con-
tract that provides for the acquisition of the following com-
ponents unless those components are manufactured in the 
United States: Air circuit breakers; gyrocompasses; elec-
tronic navigation chart systems; steering controls; pumps; 
propulsion and machinery control systems; totally enclosed 
lifeboats; auxiliary equipment pumps; shipboard cranes; 
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auxiliary chill water systems; and propulsion propellers: 
Provided, That the Secretary of the Navy shall incorporate 
United States manufactured propulsion engines and pro-
pulsion reduction gears into the FFG(X) Frigate program 
beginning not later than with the eleventh ship of the pro-
gram. 
SEC. 8114. No amounts credited or otherwise made 
available in this or any other Act to the Department of De-
fense Acquisition Workforce Development Account may be 
transferred to: 
(1) the Rapid Prototyping Fund established 
under section 804(d) of the National Defense Author-
ization Act for Fiscal Year 2016 (10 U.S.C. 2302 
note); or 
(2) credited to a military-department specific 
fund established under section 804(d)(2) of the Na-
tional Defense Authorization Act for Fiscal Year 2016 
(as amended by section 897 of the National Defense 
Authorization Act for Fiscal Year 2017). 
SEC. 8115. None of the funds made available by this 
Act may be used for Government Travel Charge Card ex-
penses by military or civilian personnel of the Department 
of Defense for gaming, or for entertainment that includes 
topless or nude entertainers or participants, as prohibited 
by Department of Defense FMR, Volume 9, Chapter 3 and 
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Department of Defense Instruction 1015.10 (enclosure 3, 
14a and 14b). 
SEC. 8116. (a) None of the funds made available in 
this Act may be used to maintain or establish a computer 
network unless such network is designed to block access to 
pornography websites. 
(b) Nothing in subsection (a) shall limit the use of 
funds necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out crimi-
nal investigations, prosecution, or adjudication activities, 
or for any activity necessary for the national defense, in-
cluding intelligence activities. 
SEC. 8117. None of the funds appropriated by this Act 
may be made available to deliver F–35 air vehicles or any 
other F–35 weapon system equipment to the Republic of 
Turkey, except in accordance with section 1245 of the Na-
tional Defense Authorization Act for Fiscal Year 2020 (Pub-
lic Law 116–92). 
SEC. 8118. In addition to amounts provided elsewhere 
in this Act, there is appropriated $284,000,000, for an ad-
ditional amount for ‘‘Operation and Maintenance, Defense- 
Wide’’, to remain available until expended: Provided, That 
such funds shall only be available to the Secretary of De-
fense, acting through the Office of Economic Adjustment of 
the Department of Defense, or for transfer to the Secretary 
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of Education, notwithstanding any other provision of law, 
to make grants, conclude cooperative agreements, or supple-
ment other Federal funds to construct, renovate, repair, or 
expand elementary and secondary public schools on mili-
tary installations in order to address capacity or facility 
condition deficiencies at such schools: Provided further, 
That in making such funds available, the Office of Eco-
nomic Adjustment or the Secretary of Education shall give 
priority consideration to those military installations with 
schools having the most serious capacity or facility condi-
tion deficiencies as determined by the Secretary of Defense: 
Provided further, That as a condition of receiving funds 
under this section a local educational agency or State shall 
provide a matching share as described in the notice titled 
‘‘Department of Defense Program for Construction, Renova-
tion, Repair or Expansion of Public Schools Located on 
Military Installations’’ published by the Department of De-
fense in the Federal Register on September 9, 2011 (76 Fed. 
Reg. 55883 et seq.): Provided further, That these provisions 
apply to funds provided under this section, and to funds 
previously provided by Congress to construct, renovate, re-
pair, or expand elementary and secondary public schools 
on military installations in order to address capacity or 
facility condition deficiencies at such schools to the extent 
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such funds remain unobligated on the date of enactment of 
this section. 
SEC. 8119. In carrying out the program described in 
the memorandum on the subject of ‘‘Policy for Assisted Re-
productive Services for the Benefit of Seriously or Severely 
Ill/Injured (Category II or III) Active Duty Service Mem-
bers’’ issued by the Assistant Secretary of Defense for 
Health Affairs on April 3, 2012, and the guidance issued 
to implement such memorandum, the Secretary of Defense 
shall apply such policy and guidance, except that— 
(1) the limitation on periods regarding embryo 
cryopreservation and storage set forth in part III(G) 
and in part IV(H) of such memorandum shall not 
apply; and 
(2) the term ‘‘assisted reproductive technology’’ 
shall include embryo cryopreservation and storage 
without 
limitation 
on 
the 
duration 
of 
such 
cryopreservation and storage. 
SEC. 8120. None of the funds made available by this 
Act may be used to carry out the closure or realignment 
of the United States Naval Station, Guanta´namo Bay, 
Cuba. 
SEC. 8121. None of the funds provided for, or otherwise 
made available, in this or any other Act, may be obligated 
or expended by the Secretary of Defense to provide motor-
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ized vehicles, aviation platforms, munitions other than 
small arms and munitions appropriate for customary cere-
monial honors, operational military units, or operational 
military platforms if the Secretary determines that pro-
viding such units, platforms, or equipment would under-
mine the readiness of such units, platforms, or equipment. 
SEC. 8122. The Secretary of Defense may obligate and 
expend funds made available under this Act for procure-
ment or for research, development, test and evaluation for 
the F–35 Joint Strike Fighter to modify up to six F–35 
aircraft, including up to two F–35 aircraft of each variant, 
to a test configuration: Provided, That the Secretary of De-
fense shall, with the concurrence of the Secretary of the Air 
Force and the Secretary of the Navy, notify the congres-
sional defense committees not fewer than 30 days prior to 
obligating and expending funds under this section: Provided 
further, That any transfer of funds pursuant to the author-
ity provided in this section shall be made in accordance 
with section 8005 or 9002 of this Act, as appropriate, if 
applicable: Provided further, That aircraft referred to pre-
viously in this section are not additional to aircraft referred 
to in section 8135 of the Department of Defense Appropria-
tions Act, 2019 and section 8126 of the Department of De-
fense Appropriations Act, 2020. 
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SEC. 8123. Amounts appropriated for ‘‘Defense Health 
Program’’ in this Act and hereafter may be obligated to 
make death gratuity payments, as authorized in subchapter 
II of chapter 75 of title 10, United States Code, if no appro-
priation for ‘‘Military Personnel’’ is available for obligation 
for such payments: Provided, That such obligations may 
subsequently be recorded against appropriations available 
for ‘‘Military Personnel’’. 
SEC. 8124. (a) None of the funds made available by 
this or any other Act may be used to enter into a contract, 
memorandum of understanding, or cooperative agreement 
with, make a grant to, or provide a loan or loan guarantee 
to any corporation that has any unpaid Federal tax liabil-
ity that has been assessed, for which all judicial and admin-
istrative remedies have been exhausted or have lapsed, and 
that is not being paid in a timely manner pursuant to an 
agreement with the authority responsible for collecting such 
tax liability, provided that the applicable Federal agency 
is aware of the unpaid Federal tax liability. 
(b) Subsection (a) shall not apply if the applicable 
Federal agency has considered suspension or debarment of 
the corporation described in such subsection and has made 
a determination that such suspension or debarment is not 
necessary to protect the interests of the Federal Government. 
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SEC. 8125. During fiscal year 2021, any advance bill-
ing for background investigation services and related serv-
ices purchased from activities financed using Defense Work-
ing Capital Funds shall be excluded from the calculation 
of cumulative advance billings under section 2208(l)(3) of 
title 10, United States Code. 
SEC. 8126. None of the funds appropriated or other-
wise made available by this Act may be used to transfer 
the National Reconnaissance Office to the Space Force: Pro-
vided, That nothing in this Act shall be construed to limit 
or prohibit cooperation, collaboration, and coordination be-
tween the National Reconnaissance Office and the Space 
Force or any other elements of the Department of Defense. 
SEC. 8127. None of the funds appropriated or other-
wise made available by this Act may be used to transfer 
any element of the Department of the Army, the Depart-
ment of the Navy, or a Department of Defense agency to 
the Space Force unless, concurrent with the fiscal year 2022 
budget submission (as submitted to Congress pursuant to 
section 1105 of title 31, United States Code), the Secretary 
of Defense provides a report to the Committees on Appro-
priations of the House of Representatives and the Senate, 
detailing any plans to transfer appropriate space elements 
of the Department of the Army, the Department of the 
Navy, or a Department of Defense agency to the Space 
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Force and certifies in writing to the Committees on Appro-
priations of the House of Representatives and the Senate 
that such transfer is consistent with the mission of the 
Space Force and will not have an adverse impact on the 
Department or agency from which such element is being 
transferred: Provided, That such report shall include fiscal 
year 2022 budget and future years defense program adjust-
ments associated with such planned transfers. 
SEC. 8128. Funds appropriated in titles I and IX of 
this Act under headings for ‘‘Military Personnel’’ may be 
used for expenses described therein for members of the Space 
Force on active duty: Provided, That amounts appropriated 
under such headings may be used for payments pursuant 
to section 156 of Public Law 97–377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund. 
SEC. 8129. Notwithstanding any other provision of 
this Act, to reflect savings due to favorable foreign exchange 
rates, the total amount appropriated in this Act is hereby 
reduced by $375,000,000. 
SEC. 8130. Notwithstanding any other provision of 
this Act, to reflect savings due to lower than anticipated 
fuel costs, the total amount appropriated in this Act is here-
by reduced by $1,700,362,000. 
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SEC. 8131. (a) Amounts appropriated under title IV 
of this Act, as detailed in budget activity eight of the tables 
in the explanatory statement regarding this Act, may be 
used for expenses for the agile research, development, test 
and evaluation, procurement, production, modification, 
and operation and maintenance, only for the following Soft-
ware and Digital Technology Pilot programs— 
(1) Defensive Cyber Operations Army (PE 
0608041A); 
(2) 
Risk 
Management 
Information 
(PE 
0608013N); 
(3) Maritime Tactical Command Control (PE 
0608231N); 
(4) 
Space 
Command 
and 
Control 
(PE 
1203614SF); 
(5) National Background Investigation Services 
(PE 0608197V); 
(6) Global Command and Control System-Joint 
(PE 0308150K); 
(7) Algorithmic Warfare Cross Functional Team 
(PE 0308588D8Z); and 
(8) Acquisition visibility (PE 0608648D8Z). 
(b) None of the funds appropriated by this or prior 
Department of Defense Appropriations Acts may be obli-
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gated or expended to initiate additional Software and Dig-
ital Technology Pilot Programs in fiscal year 2021. 
SEC. 8132. (a) In addition to amounts otherwise made 
available in this Act, there is appropriated $100,000,000 
to the Under Secretary of Defense (Acquisition and 
Sustainment), to remain available until expended. 
(b) The funds provided by subsection (a) shall be avail-
able to the Under Secretary of Defense (Acquisition and 
Sustainment), in coordination with the Assistant Secretary 
of the Army (Acquisition, Logistics and Technology) and 
the Assistant Secretary of the Navy (Research, Development 
and Acquisition) and the Assistant Secretary of the Air 
Force (Acquisition, Technology and Logistics), to assess and 
strengthen the manufacturing and defense industrial base 
and supply chain resiliency of the United States. 
(c)(1) The Under Secretary of Defense (Comptroller) 
shall transfer funds provided by subsection (a) to appro-
priations for operation and maintenance; procurement; and 
research, development, test and evaluation to accomplish the 
purposes specified in subsection (b). Such transferred funds 
shall be merged with and be available for the same purposes 
and for the same time period as the appropriation to which 
they are transferred. 
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(2) The transfer authority provided by this subsection 
shall be in addition to any other transfer authority avail-
able to the Department of Defense. 
(3) The Under Secretary of Defense (Acquisition and 
Sustainment) shall, through the Under Secretary of Defense 
(Comptroller), not less than 30 days prior to making any 
transfer under this subsection, notify the congressional de-
fense committees in writing of the details of the transfer. 
(d) Funds appropriated by this section may not be 
transferred to ‘‘Drug Interdiction and Counter-Drug Activi-
ties, Defense’’. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8133. In addition to amounts appropriated in 
title II or otherwise made available elsewhere in this Act, 
$300,500,000 is hereby appropriated to the Department of 
Defense and made available for transfer to the operation 
and maintenance accounts of the Army, Navy, Marine 
Corps, and Air Force (including National Guard and Re-
serve) for purposes of improving military readiness: Pro-
vided, That the transfer authority provided under this pro-
vision is in addition to any other transfer authority pro-
vided elsewhere in this Act. 
SEC. 8134. None of the funds provided in this Act for 
requirements development, performance specification devel-
opment, concept design and development, ship configura-
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tion development, systems engineering, naval architecture, 
marine engineering, operations research analysis, industry 
studies, preliminary design, development of the Detailed 
Design and Construction Request for Proposals solicitation 
package, or related activities for the AS(X) Submarine Ten-
der, T–ARC(X) Cable Laying and Repair Ship, or T– 
AGOS(X) Oceanographic Surveillance Ship may be used to 
award a new contract for such activities unless these con-
tracts include specifications that all auxiliary equipment, 
including pumps and propulsion shafts are manufactured 
in the United States. 
SEC. 8135. None of the funds made available by this 
Act may be obligated or expended for the purpose of decom-
missioning the USS Fort Worth or the USS Coronado. 
SEC. 8136. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, $50,000,000, to remain available until September 
30, 2022: Provided, That such funds shall only be available 
to the Secretary of Defense, acting through the Office of Eco-
nomic Adjustment of the Department of Defense, to make 
grants to communities impacted by military aviation noise 
for the purpose of installing noise mitigating insulation at 
covered facilities: Provided further, That, to be eligible to 
receive a grant under the program, a community must enter 
into an agreement with the Secretary under which the com-
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munity prioritizes the use of funds for the installation of 
noise mitigation at covered facilities in the community: 
Provided further, That as a condition of receiving funds 
under this section a State or local entity shall provide a 
matching share of ten percent: Provided further, That 
grants under the program may be used to meet the Federal 
match requirement under the airport improvement program 
established under subchapter I of chapter 471 and sub-
chapter I of chapter 475 of title 49, United States Code: 
Provided further, That, in carrying out the program, the 
Secretary of Defense shall coordinate with the Secretary of 
Transportation to minimize duplication of efforts with any 
other noise mitigation program compliant with part 150 
of title 14, Code of Federal Regulations: Provided further, 
That, in this section, the term ‘‘covered facilities’’ means 
hospitals, daycare facilities, schools, facilities serving senior 
citizens, and private residences that are located within one 
mile or a day-night average sound level of 65 or greater 
of a military installation or another location at which mili-
tary aircraft are stationed or are located in an area im-
pacted by military aviation noise within one mile or a day- 
night average sound level of 65 or greater, as determined 
by the Department of Defense or Federal Aviation Adminis-
tration noise modeling programs. 
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SEC. 8137. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended for the lease of an icebreaking vessel unless such obli-
gation or expenditure is compliant with section 1301 of title 
31, United States Code, and related statutes and is made 
pursuant to a contract awarded using full and open com-
petitive procedures or procedures authorized by section 
2304(c)(6) of title 10, United States Code. 
SEC. 8138. Amounts appropriated or otherwise made 
available to the Department of Defense in this Act, may 
not be obligated or expended for the retirement or divesti-
ture of the RQ–4 Global Hawk Block 30 and Block 40 air-
craft: Provided, That the Secretary of the Air Force is pro-
hibited from deactivating the corresponding squadrons re-
sponsible for the operations of the aforementioned aircraft. 
TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $2,748,033,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $382,286,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $129,943,000: Provided, That such amount 
is designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,077,168,000: Provided, That such amount 
is designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $33,414,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
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ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $11,771,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, Ma-
rine Corps’’, $2,048,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, Air 
Force’’, $16,816,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $195,314,000: Provided, That such amount 
is designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $5,800,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Mainte-
nance, Army’’, $17,497,254,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Mainte-
nance, Navy’’, $11,568,363,000: Provided, That such 
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amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps’’, $1,108,667,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force’’, $18,432,020,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, SPACE FORCE 
For an additional amount for ‘‘Operation and Mainte-
nance, Space Force’’, $77,115,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
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OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Mainte-
nance, Defense-Wide’’, $6,041,898,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Army Reserve’’, $33,399,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Navy Reserve’’, $21,492,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps Reserve’’, $8,707,000: Provided, That 
such amount is designated by the Congress for Overseas 
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Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force Reserve’’, $30,090,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Operation and Mainte-
nance, Army National Guard’’, $79,792,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism pur-
suant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Mainte-
nance, Air National Guard’’, $175,642,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
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377 
AFGHANISTAN SECURITY FORCES FUND 
For the ‘‘Afghanistan Security Forces Fund’’, 
$3,047,612,000, to remain available until September 30, 
2022: Provided, That such funds shall be available to the 
Secretary of Defense for the purpose of allowing the Com-
mander, Combined Security Transition Command—Af-
ghanistan, or the Secretary’s designee, to provide assistance, 
with the concurrence of the Secretary of State, to the secu-
rity forces of Afghanistan, including the provision of equip-
ment, supplies, services, training, facility and infrastruc-
ture repair, renovation, construction, and funding: Pro-
vided further, That the Secretary of Defense may obligate 
and expend funds made available to the Department of De-
fense in this title for additional costs associated with exist-
ing projects previously funded with amounts provided 
under the heading ‘‘Afghanistan Infrastructure Fund’’ in 
prior Acts: Provided further, That such costs shall be lim-
ited to contract changes resulting from inflation, market 
fluctuation, rate adjustments, and other necessary contract 
actions to complete existing projects, and associated super-
vision and administration costs and costs for design during 
construction: Provided further, That the Secretary may not 
use more than $50,000,000 under the authority provided 
in this section: Provided further, That the Secretary shall 
notify in advance such contract changes and adjustments 
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in annual reports to the congressional defense committees: 
Provided further, That the authority to provide assistance 
under this heading is in addition to any other authority 
to provide assistance to foreign nations: Provided further, 
That contributions of funds for the purposes provided herein 
from any person, foreign government, or international orga-
nization may be credited to this Fund, to remain available 
until expended, and used for such purposes: Provided fur-
ther, That the Secretary of Defense shall notify the congres-
sional defense committees in writing upon the receipt and 
upon the obligation of any contribution, delineating the 
sources and amounts of the funds received and the specific 
use of such contributions: Provided further, That the Sec-
retary of Defense shall, not fewer than 15 days prior to obli-
gating from this appropriation account, notify the congres-
sional defense committees in writing of the details of any 
such obligation: Provided further, That the Secretary of De-
fense shall notify the congressional defense committees of 
any proposed new projects or activities, or transfer of funds 
between budget sub-activity groups in excess of $20,000,000: 
Provided further, That the United States may accept equip-
ment procured using funds provided under this heading in 
this or prior Acts that was transferred to the security forces 
of Afghanistan and returned by such forces to the United 
States: Provided further, That equipment procured using 
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funds provided under this heading in this or prior Acts, 
and not yet transferred to the security forces of Afghanistan 
or transferred to the security forces of Afghanistan and re-
turned by such forces to the United States, may be treated 
as stocks of the Department of Defense upon written notifi-
cation to the congressional defense committees: Provided 
further, That of the funds provided under this heading, not 
less than $20,000,000 shall be for recruitment and retention 
of women in the Afghanistan National Security Forces, and 
the recruitment and training of female security personnel: 
Provided further, That funds appropriated under this head-
ing and made available for the salaries and benefits of per-
sonnel of the Afghanistan Security Forces may only be used 
for personnel who are enrolled in the Afghanistan Personnel 
and Pay System: Provided further, That funds appro-
priated under this heading for the Afghanistan Security 
Forces may only be obligated if the Secretary of Defense, 
in consultation with the Secretary of State, certifies in 
writing to the congressional defense committees that such 
forces are controlled by a civilian, representative govern-
ment that is committed to protecting human rights and 
women’s rights and preventing terrorists and terrorist 
groups from using the territory of Afghanistan to threaten 
the security of the United States and United States allies: 
Provided further, That such amount is designated by the 
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Congress for Overseas Contingency Operations/Global War 
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
COUNTER-ISIS TRAIN AND EQUIP FUND 
For the ‘‘Counter-Islamic State of Iraq and Syria 
Train and Equip Fund’’, $710,000,000, to remain available 
until September 30, 2022: Provided, That such funds shall 
be available to the Secretary of Defense in coordination 
with the Secretary of State, to provide assistance, including 
training; equipment; logistics support, supplies, and serv-
ices; stipends; infrastructure repair and renovation; con-
struction for facility fortification and humane treatment; 
and sustainment, to foreign security forces, irregular forces, 
groups, or individuals participating, or preparing to par-
ticipate in activities to counter the Islamic State of Iraq 
and Syria, and their affiliated or associated groups: Pro-
vided further, That amounts made available under this 
heading shall be available to provide assistance only for ac-
tivities in a country designated by the Secretary of Defense, 
in coordination with the Secretary of State, as having a 
security mission to counter the Islamic State of Iraq and 
Syria, and following written notification to the congres-
sional defense committees of such designation: Provided fur-
ther, That the Secretary of Defense shall ensure that prior 
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to providing assistance to elements of any forces or individ-
uals, such elements or individuals are appropriately vetted, 
including at a minimum, assessing such elements for asso-
ciations with terrorist groups or groups associated with the 
Government of Iran; and receiving commitments from such 
elements to promote respect for human rights and the rule 
of law: Provided further, That the Secretary of Defense 
shall, not fewer than 15 days prior to obligating from this 
appropriation account, notify the congressional defense 
committees in writing of the details of any such obligation: 
Provided further, That the Secretary of Defense may accept 
and retain contributions, including assistance in-kind, 
from foreign governments, including the Government of 
Iraq and other entities, to carry out assistance authorized 
under this heading: Provided further, That contributions of 
funds for the purposes provided herein from any foreign 
government or other entity may be credited to this Fund, 
to remain available until expended, and used for such pur-
poses: Provided further, That the Secretary of Defense shall 
prioritize such contributions when providing any assistance 
for construction for facility fortification: Provided further, 
That the Secretary of Defense may waive a provision of 
law relating to the acquisition of items and support services 
or sections 40 and 40A of the Arms Export Control Act 
(22 U.S.C. 2780 and 2785) if the Secretary determines that 
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such provision of law would prohibit, restrict, delay or oth-
erwise limit the provision of such assistance and a notice 
of and justification for such waiver is submitted to the con-
gressional defense committees, the Committees on Appro-
priations and Foreign Relations of the Senate and the Com-
mittees on Appropriations and Foreign Affairs of the House 
of Representatives: Provided further, That the United States 
may accept equipment procured using funds provided under 
this heading, or under the heading, ‘‘Iraq Train and Equip 
Fund’’ in prior Acts, that was transferred to security forces, 
irregular forces, or groups participating, or preparing to 
participate in activities to counter the Islamic State of Iraq 
and Syria and returned by such forces or groups to the 
United States, and such equipment may be treated as stocks 
of the Department of Defense upon written notification to 
the congressional defense committees: Provided further, That 
equipment procured using funds provided under this head-
ing, or under the heading, ‘‘Iraq Train and Equip Fund’’ 
in prior Acts, and not yet transferred to security forces, 
irregular forces, or groups participating, or preparing to 
participate in activities to counter the Islamic State of Iraq 
and Syria may be treated as stocks of the Department of 
Defense when determined by the Secretary to no longer be 
required for transfer to such forces or groups and upon 
written notification to the congressional defense committees: 
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Provided further, That the Secretary of Defense shall pro-
vide quarterly reports to the congressional defense commit-
tees on the use of funds provided under this heading, includ-
ing, but not limited to, the number of individuals trained, 
the nature and scope of support and sustainment provided 
to each group or individual, the area of operations for each 
group, and the contributions of other countries, groups, or 
individuals: Provided further, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $595,112,000, to remain available until September 
30, 2023: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War 
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $796,599,000, to remain available until September 
30, 2023: Provided, That such amount is designated by the 
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Congress for Overseas Contingency Operations/Global War 
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $15,225,000, to 
remain available until September 30, 2023: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $103,875,000, to remain available until 
September 30, 2023: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $924,823,000, to remain available until September 
30, 2023: Provided, That such amount is designated by the 
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385 
Congress for Overseas Contingency Operations/Global War 
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $32,905,000, to remain available until September 
30, 2023: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War 
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procurement, 
Navy’’, $5,572,000, to remain available until September 30, 
2023: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War 
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $77,424,000, to re-
main available until September 30, 2023: Provided, That 
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388 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, Defense- 
Wide’’, $342,137,000, to remain available until September 
30, 2023: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War 
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
ACCOUNT 
For procurement of rotary-wing aircraft; combat, tac-
tical and support vehicles; other weapons; and other pro-
curement items for the reserve components of the Armed 
Forces, $950,000,000, to remain available for obligation 
until September 30, 2023: Provided, That the Chiefs of Na-
tional Guard and Reserve components shall, not later than 
30 days after enactment of this Act, individually submit 
to the congressional defense committees the modernization 
priority assessment for their respective National Guard or 
Reserve component: Provided further, That none of the 
funds made available by this paragraph may be used to 
procure manned fixed wing aircraft, or procure or modify 
missiles, munitions, or ammunition: Provided further, That 
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such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $175,824,000, to re-
main available until September 30, 2022: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $59,562,000, to remain 
available until September 30, 2022: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
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390 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR 
FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $5,304,000, to re-
main available until September 30, 2022: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Defense-Wide’’, $80,818,000, to 
remain available until September 30, 2022: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working Cap-
ital Funds’’, $20,090,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
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391 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $365,098,000, which shall be for operation and 
maintenance: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the Inspec-
tor General’’, $24,069,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2021. 
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392 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national in-
terest, the Secretary may, with the approval of the Office 
of Management and Budget, transfer up to $2,000,000,000 
between the appropriations or funds made available to the 
Department of Defense in this title: Provided, That the Sec-
retary shall notify the Congress promptly of each transfer 
made pursuant to the authority in this section: Provided 
further, That the authority provided in this section is in 
addition to any other transfer authority available to the 
Department of Defense and is subject to the same terms and 
conditions as the authority provided in section 8005 of this 
Act. 
SEC. 9003. Supervision and administration costs and 
costs for design during construction associated with a con-
struction project funded with appropriations available for 
operation and maintenance or the ‘‘Afghanistan Security 
Forces Fund’’ provided in this Act and executed in direct 
support of overseas contingency operations in Afghanistan, 
may be obligated at the time a construction contract is 
awarded: Provided, That, for the purpose of this section, 
supervision and administration costs and costs for design 
during construction include all in-house Government costs. 
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393 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in the 
United States Central Command area of responsibility: (1) 
passenger motor vehicles up to a limit of $75,000 per vehi-
cle; and (2) heavy and light armored vehicles for the phys-
ical security of personnel or for force protection purposes 
up to a limit of $450,000 per vehicle, notwithstanding price 
or other limitations applicable to the purchase of passenger 
carrying vehicles. 
SEC. 9005. Not to exceed $2,000,000 of the amounts 
appropriated by this title under the heading ‘‘Operation 
and Maintenance, Army’’ may be used, notwithstanding 
any other provision of law, to fund the Commanders’ Emer-
gency Response Program (CERP), for the purpose of ena-
bling military commanders in Afghanistan to respond to 
urgent, small-scale, humanitarian relief and reconstruction 
requirements within their areas of responsibility: Provided, 
That each project (including any ancillary or related ele-
ments in connection with such project) executed under this 
authority shall not exceed $500,000: Provided further, That 
not later than 45 days after the end of each 6 months of 
the fiscal year, the Secretary of Defense shall submit to the 
congressional defense committees a report regarding the 
source of funds and the allocation and use of funds during 
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that 6-month period that were made available pursuant to 
the authority provided in this section or under any other 
provision of law for the purposes described herein. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, notwith-
standing any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and 
other logistical support to allied forces participating in a 
combined operation with the armed forces of the United 
States and coalition forces supporting military and sta-
bility operations in Afghanistan and to counter the Islamic 
State of Iraq and Syria: Provided, That the Secretary of 
Defense shall provide quarterly reports to the congressional 
defense committees regarding support provided under this 
section. 
SEC. 9007. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for a 
purpose as follows: 
(1) To establish any military installation or base 
for the purpose of providing for the permanent sta-
tioning of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq or Syria. 
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(3) To establish any military installation or base 
for the purpose of providing for the permanent sta-
tioning of United States Armed Forces in Afghani-
stan. 
SEC. 9008. None of the funds made available in this 
Act may be used in contravention of the following laws en-
acted or regulations promulgated to implement the United 
Nations Convention Against Torture and Other Cruel, In-
human or Degrading Treatment or Punishment (done at 
New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Federal 
Regulations, and part 95 of title 22, Code of Federal 
Regulations. 
(3) Sections 1002 and 1003 of the Department of 
Defense, Emergency Supplemental Appropriations to 
Address Hurricanes in the Gulf of Mexico, and Pan-
demic Influenza Act, 2006 (Public Law 109–148). 
SEC. 9009. None of the funds provided for the ‘‘Afghan-
istan Security Forces Fund’’ (ASFF) may be obligated 
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prior to the approval of a financial and activity plan by 
the Afghanistan Resources Oversight Council (AROC) of the 
Department of Defense: Provided, That the AROC must ap-
prove the requirement and acquisition plan for any service 
requirements in excess of $50,000,000 annually and any 
non-standard 
equipment 
requirements 
in 
excess 
of 
$100,000,000 using ASFF: Provided further, That the De-
partment of Defense must certify to the congressional de-
fense committees that the AROC has convened and approved 
a process for ensuring compliance with the requirements in 
the preceding proviso and accompanying report language 
for the ASFF. 
SEC. 9010. Funds made available in this title to the 
Department of Defense for operation and maintenance may 
be used to purchase items having an investment unit cost 
of not more than $250,000: Provided, That, upon deter-
mination by the Secretary of Defense that such action is 
necessary to meet the operational requirements of a Com-
mander of a Combatant Command engaged in contingency 
operations overseas, such funds may be used to purchase 
items having an investment item unit cost of not more than 
$500,000. 
SEC. 9011. Up to $500,000,000 of funds appropriated 
by this Act for the Defense Security Cooperation Agency 
in ‘‘Operation and Maintenance, Defense-Wide’’ may be 
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used to provide assistance to the Government of Jordan to 
support the armed forces of Jordan and to enhance security 
along its borders. 
SEC. 9012. None of the funds made available by this 
Act under the headings ‘‘Afghanistan Security Forces 
Fund’’ and ‘‘Counter-ISIS Train and Equip Fund’’, and 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’ for Department of Defense security cooperation grant 
programs, may be used to procure or transfer man-portable 
air defense systems. 
SEC. 9013. Of the amounts appropriated in this title 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, for the Defense Security Cooperation Agency, 
$275,000,000, of which $137,500,000 to remain available 
until September 30, 2022 shall be for the Ukraine Security 
Assistance Initiative: Provided, That such funds shall be 
available to the Secretary of Defense, in coordination with 
the Secretary of State, to provide assistance, including 
training; equipment; lethal assistance; logistics support, 
supplies and services; sustainment; and intelligence support 
to the military and national security forces of Ukraine, and 
for replacement of any weapons or articles provided to the 
Government of Ukraine from the inventory of the United 
States: Provided further, That the Secretary of Defense 
shall, not less than 15 days prior to obligating funds made 
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available in this section, notify the congressional defense 
committees in writing of the details of any such obligation: 
Provided further, That the Secretary of Defense shall, not 
more than 60 days after such notification is made, inform 
such committees if such funds have not been obligated and 
the reasons therefor: Provided further, That the United 
States may accept equipment procured using funds made 
available in this section in this or prior Acts that was 
transferred to the security forces of Ukraine and returned 
by such forces to the United States: Provided further, That 
equipment procured using funds made available in this sec-
tion in this or prior Acts, and not yet transferred to the 
military or National Security Forces of Ukraine or re-
turned by such forces to the United States, may be treated 
as stocks of the Department of Defense upon written notifi-
cation to the congressional defense committees: Provided 
further, That the Secretary of Defense shall provide quar-
terly reports to the Committees on Appropriations of the 
House of Representatives and the Senate on the use and 
status of funds made available in this section. 
SEC. 9014. Funds appropriated in this title shall be 
available for replacement of funds for items provided to the 
Government of Ukraine from the inventory of the United 
States to the extent specifically provided for in section 9013 
of this Act. 
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399 
SEC. 9015. None of the funds made available by this 
Act may be used to provide arms, training, or other assist-
ance to the Azov Battalion. 
SEC. 9016. Equipment procured using funds provided 
in prior Acts under the heading ‘‘Counterterrorism Part-
nerships Fund’’ for the program authorized by section 1209 
of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113–291), and not yet transferred to authorized recipi-
ents may be transferred to foreign security forces, irregular 
forces, groups, or individuals, authorized to receive assist-
ance using amounts provided under the heading ‘‘Counter- 
ISIS Train and Equip Fund’’ in this Act: Provided, That 
such equipment may be transferred 15 days following writ-
ten notification to the congressional defense committees. 
SEC. 9017. None of the funds made available by this 
Act may be used with respect to Iraq in contravention of 
the War Powers Resolution (50 U.S.C. 1541 et seq.), includ-
ing for the introduction of United States armed forces into 
hostilities in Iraq, into situations in Iraq where imminent 
involvement in hostilities is clearly indicated by the cir-
cumstances, or into Iraqi territory, airspace, or waters 
while equipped for combat, in contravention of the congres-
sional consultation and reporting requirements of sections 
3 and 4 of such Resolution (50 U.S.C. 1542 and 1543). 
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400 
SEC. 9018. None of the funds made available by this 
Act may be used with respect to Syria in contravention of 
the War Powers Resolution (50 U.S.C. 1541 et seq.), includ-
ing for the introduction of United States armed or military 
forces into hostilities in Syria, into situations in Syria 
where imminent involvement in hostilities is clearly indi-
cated by the circumstances, or into Syrian territory, air-
space, or waters while equipped for combat, in contraven-
tion of the congressional consultation and reporting require-
ments of sections 3 and 4 of that law (50 U.S.C. 1542 and 
1543). 
SEC. 9019. None of the funds in this Act may be made 
available for the transfer of additional C–130 cargo aircraft 
to the Afghanistan National Security Forces or the Afghani-
stan Air Force. 
SEC. 9020. Funds made available by this Act under 
the heading ‘‘Afghanistan Security Forces Fund’’ may be 
used to provide limited training, equipment, and other as-
sistance that would otherwise be prohibited by 10 U.S.C. 
362 to a unit of the security forces of Afghanistan only if 
the Secretary of Defense certifies to the congressional defense 
committees, within 30 days of a decision to provide such 
assistance, that (1) a denial of such assistance would 
present significant risk to United States or coalition forces 
or significantly undermine United States national security 
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objectives in Afghanistan; and (2) the Secretary has sought 
a commitment by the Government of Afghanistan to take 
all necessary corrective steps: Provided, That such certifi-
cation shall be accompanied by a report describing: (1) the 
information relating to the gross violation of human rights; 
(2) the circumstances that necessitated the provision of such 
assistance; (3) the Afghan security force unit involved; (4) 
the assistance provided and the assistance withheld; and (5) 
the corrective steps to be taken by the Government of Af-
ghanistan: Provided further, That every 120 days after the 
initial report an additional report shall be submitted de-
tailing the status of any corrective steps taken by the Gov-
ernment of Afghanistan: Provided further, That if the Gov-
ernment of Afghanistan has not initiated necessary correc-
tive steps within 1 year of the certification, the authority 
under this section to provide assistance to such unit shall 
no longer apply: Provided further, That the Secretary shall 
submit a report to such committees detailing the final dis-
position of the case by the Government of Afghanistan. 
SEC. 9021. None of the funds made available by this 
Act may be made available for any member of the Taliban 
except to support a reconciliation activity that includes the 
participation of members of the Government of Afghanistan, 
does not restrict the participation of women, and is author-
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ized by section 1218 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116– 92). 
SEC. 9022. Nothing in this Act may be construed as 
authorizing the use of force against Iran. 
(RESCISSIONS) 
SEC. 9023. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: Provided, That such amounts are 
designated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985: 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army’’, 2019/2021, $90,000,000; 
‘‘Aircraft Procurement, Air Force’’, 2019/2021, 
$16,400,000; 
‘‘Operation and Maintenance, Defense-Wide: 
DSCA 
Security 
Cooperation’’, 
2020/2021, 
$75,000,000; 
‘‘Operation and Maintenance, Defense-Wide: Co-
alition Support Funds’’, 2020/2021, $45,000,000; 
‘‘Afghanistan Security Forces Fund’’, 2020/2021, 
$1,100,000,000; 
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403 
‘‘Counter-ISIS Train and Equip Fund’’, 2020/ 
2021, $400,000,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army’’, 2020/2022, $100,000,000; 
‘‘Procurement of Ammunition, Air Force’’, 2020/ 
2022, $49,679,000; 
‘‘Research, Development, Test and Evaluation, 
Army’’, 2020/2021, $2,878,000; and 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide’’, 2020/2021, $7,165,000. 
SEC. 9024. Of the amounts appropriated in this title 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, for the Defense Security Cooperation Agency, 
$753,603,000, to remain available until September 30, 
2022, shall be available for International Security Coopera-
tion Programs and other programs to provide support and 
assistance to foreign security forces or other groups or indi-
viduals to conduct, support or facilitate counterterrorism, 
crisis response, or building partner capacity programs: 
Provided, That the Secretary of Defense shall, not less than 
15 days prior to obligating funds made available in this 
section, notify the congressional defense committees in writ-
ing of the details of any planned obligation: Provided fur-
ther, That the Secretary of Defense shall provide quarterly 
reports to the Committees on Appropriations of the House 
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404 
of Representatives and the Senate on the use and status of 
funds made available in this section. 
SEC. 9025. Of the amounts appropriated in this title 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, for the Defense Security Cooperation Agency, 
$100,000,000, to remain available until September 30, 
2022, shall be for payments to reimburse key cooperating 
nations for logistical, military, and other support, includ-
ing access, provided to United States military and stability 
operations in Afghanistan and to counter the Islamic State 
of Iraq and Syria: Provided, That such reimbursement pay-
ments may be made in such amounts as the Secretary of 
Defense, with the concurrence of the Secretary of State, and 
in consultation with the Director of the Office of Manage-
ment and Budget, may determine, based on documentation 
determined by the Secretary of Defense to adequately ac-
count for the support provided, and such determination is 
final and conclusive upon the accounting officers of the 
United States, and 15 days following written notification 
to the appropriate congressional committees: Provided fur-
ther, That these funds may be used for the purpose of pro-
viding specialized training and procuring supplies and spe-
cialized equipment and providing such supplies and loan-
ing such equipment on a non-reimbursable basis to coali-
tion forces supporting United States military and stability 
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405 
operations in Afghanistan and to counter the Islamic State 
of Iraq and Syria, and 15 days following written notifica-
tion to the appropriate congressional committees: Provided 
further, That the Secretary of Defense shall provide quar-
terly reports to the Committees on Appropriations of the 
House of Representatives and the Senate on the use and 
status of funds made available in this section. 
SEC. 9026. Of the amounts appropriated in this title 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, for the Defense Security Cooperation Agency, 
$250,000,000, to remain available until September 30, 
2022, shall be available to reimburse Jordan, Lebanon, 
Egypt, Tunisia, and Oman under section 1226 of the Na-
tional Defense Authorization Act for Fiscal Year 2016 (22 
U.S.C. 2151 note), for enhanced border security, of which 
not less than $150,000,000 shall be for Jordan: Provided, 
That the Secretary of Defense shall, not less than 15 days 
prior to obligating funds made available in this section, no-
tify the congressional defense committees in writing of the 
details of any planned obligation and the nature of the ex-
penses incurred: Provided further, That the Secretary of De-
fense shall provide quarterly reports to the Committees on 
Appropriations of the House of Representatives and the 
Senate on the use and status of funds made available in 
this section. 
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406 
SEC. 9027. Each amount designated in this Act by the 
Congress for Overseas Contingency Operations/Global War 
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985 shall be available (or rescinded, if applicable) only 
if the President subsequently so designates all such amounts 
and transmits such designations to the Congress. 
SEC. 9028. None of the funds appropriated or other-
wise made available by this Act may be used in contraven-
tion of the First Amendment of the Constitution. 
This division may be cited as the ‘‘Department of De-
fense Appropriations Act, 2021’’. 
DIVISION D—ENERGY AND WATER DEVEL-
OPMENT AND RELATED AGENCIES AP-
PROPRIATIONS ACT, 2021 
TITLE I 
CORPS OF ENGINEERS—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under 
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related efforts. 
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INVESTIGATIONS 
For expenses necessary where authorized by law for the 
collection and study of basic information pertaining to 
river and harbor, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related needs; 
for surveys and detailed studies, and plans and specifica-
tions of proposed river and harbor, flood and storm damage 
reduction, shore protection, and aquatic ecosystem restora-
tion projects, and related efforts prior to construction; for 
restudy of authorized projects; and for miscellaneous inves-
tigations, and, when authorized by law, surveys and de-
tailed studies, and plans and specifications of projects prior 
to construction, $153,000,000, to remain available until ex-
pended: Provided, That the Secretary shall initiate nine 
new study starts during fiscal year 2021: Provided further, 
That the Secretary shall not deviate from the new starts 
proposed in the work plan, once the plan has been submitted 
to the Committees on Appropriations of both Houses of Con-
gress. 
CONSTRUCTION 
For expenses necessary for the construction of river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related projects 
authorized by law; for conducting detailed studies, and 
plans and specifications, of such projects (including those 
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408 
involving participation by States, local governments, or 
private groups) authorized or made eligible for selection by 
law (but such detailed studies, and plans and specifications, 
shall not constitute a commitment of the Government to 
construction); $2,692,645,000, to remain available until ex-
pended; of which such sums as are necessary to cover the 
Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be de-
rived from the Harbor Maintenance Trust Fund as author-
ized by Public Law 104–303; and of which such sums as 
are necessary to cover 35 percent of the costs of construction, 
replacement, rehabilitation, and expansion of inland water-
ways projects, shall be derived from the Inland Waterways 
Trust Fund, except as otherwise specifically provided for 
in law. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for flood damage reduction 
projects and related efforts in the Mississippi River alluvial 
valley below Cape Girardeau, Missouri, as authorized by 
law, $380,000,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share 
of eligible operation and maintenance costs for inland har-
bors shall be derived from the Harbor Maintenance Trust 
Fund: Provided, That the Secretary shall initiate one new 
study start in fiscal year 2021: Provided further, That the 
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409 
Secretary shall not deviate from the work plan, once the 
plan has been submitted to the Committees on Appropria-
tions of both Houses of Congress. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, maintenance, 
and care of existing river and harbor, flood and storm dam-
age reduction, aquatic ecosystem restoration, and related 
projects authorized by law; providing security for infra-
structure owned or operated by the Corps, including admin-
istrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public 
agency that serve essential navigation needs of general com-
merce, where authorized by law; surveying and charting 
northern and northwestern lakes and connecting waters; 
clearing and straightening channels; and removing obstruc-
tions to navigation, $3,849,655,000, to remain available 
until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance 
costs for coastal harbors and channels, and for inland har-
bors shall be derived from the Harbor Maintenance Trust 
Fund; of which such sums as become available from the spe-
cial account for the Corps of Engineers established by the 
Land and Water Conservation Fund Act of 1965 shall be 
derived from that account for resource protection, research, 
interpretation, and maintenance activities related to re-
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410 
source protection in the areas at which outdoor recreation 
is available; and of which such sums as become available 
from fees collected under section 217 of Public Law 104– 
303 shall be used to cover the cost of operation and mainte-
nance of the dredged material disposal facilities for which 
such fees have been collected: Provided, That 1 percent of 
the total amount of funds provided for each of the programs, 
projects, or activities funded under this heading shall not 
be allocated to a field operating activity prior to the begin-
ning of the fourth quarter of the fiscal year and shall be 
available for use by the Chief of Engineers to fund such 
emergency activities as the Chief of Engineers determines 
to be necessary and appropriate, and that the Chief of Engi-
neers shall allocate during the fourth quarter any remain-
ing funds which have not been used for emergency activities 
proportionally in accordance with the amounts provided for 
the programs, projects, or activities. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands, 
$210,000,000, to remain available until September 30, 
2022. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
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411 
formed as part of the Nation’s early atomic energy pro-
gram, $250,000,000, to remain available until expended. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary to prepare for flood, hurricane, 
and other natural disasters and support emergency oper-
ations, repairs, and other activities in response to such dis-
asters as authorized by law, $35,000,000, to remain avail-
able until expended. 
EXPENSES 
For expenses necessary for the supervision and general 
administration of the civil works program in the head-
quarters of the Corps of Engineers and the offices of the 
Division Engineers; and for costs of management and oper-
ation of the Humphreys Engineer Center Support Activity, 
the Institute for Water Resources, the United States Army 
Engineer Research and Development Center, and the 
United States Army Corps of Engineers Finance Center al-
locable to the civil works program, $206,000,000, to remain 
available until September 30, 2022, of which not to exceed 
$5,000 may be used for official reception and representation 
purposes and only during the current fiscal year: Provided, 
That no part of any other appropriation provided in this 
title shall be available to fund the civil works activities of 
the Office of the Chief of Engineers or the civil works execu-
tive direction and management activities of the division of-
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fices: Provided further, That any Flood Control and Coastal 
Emergencies appropriation may be used to fund the super-
vision and general administration of emergency operations, 
repairs, and other activities in response to any flood, hurri-
cane, or other natural disaster. 
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR 
CIVIL WORKS 
(INCLUDING RESCISSION OF FUNDS) 
For the Office of the Assistant Secretary of the Army 
for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 
$5,000,000, to remain available until September 30, 2022: 
Provided, That not more than 75 percent of such amount 
may be obligated or expended until the Assistant Secretary 
submits to the Committees on Appropriations of both 
Houses of Congress the report required under section 101(d) 
of this Act and a work plan that allocates at least 95 per-
cent of the additional funding provided under each heading 
in this title, as designated under such heading in the ex-
planatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act), to specific 
programs, projects, or activities: Provided further, That of 
the unobligated balances available from amounts appro-
priated in prior Acts under this heading, $500,000 is here-
by rescinded: Provided further, That no amounts may be 
rescinded from amounts that were designated by the Con-
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gress as an emergency requirement pursuant to a concur-
rent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
WATER INFRASTRUCTURE FINANCE AND INNOVATION 
PROGRAM ACCOUNT 
For the cost of direct loans and for the cost of guaran-
teed loans, as authorized by the Water Infrastructure Fi-
nance and Innovation Act of 2014, $12,000,000, to remain 
available until expended, for safety projects to maintain, 
upgrade, and repair dams identified in the National Inven-
tory of Dams with a primary owner type of state, local 
government, public utility, or private: Provided, That, no 
project may be funded with amounts provided under this 
heading for a dam that is identified as jointly owned in 
the National Inventory of Dams and where one of those 
joint owners is the Federal Government: Provided further, 
That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974: Provided further, That these funds are avail-
able to subsidize gross obligations for the principal amount 
of direct loans, including capitalized interest, and total 
loan principal, including capitalized interest, any part of 
which is to be guaranteed, not to exceed $950,000,000: Pro-
vided further, That, within 30 days of enactment of this 
Act, the Secretary, in consultation with the Office of Man-
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agement and Budget, shall transmit a report to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate that provides: (1) an analysis of how sub-
sidy rates will be determined for loans financed by appro-
priations provided under this heading in this Act; (2) a 
comparison of the factors that will be considered in esti-
mating subsidy rates for loans financed under this heading 
in this Act with factors that will be considered in estimates 
of subsidy rates for other projects authorized by the Water 
Infrastructure Finance and Innovation Act of 2014, includ-
ing an analysis of how both sets of rates will be determined; 
and (3) an analysis of the process for developing draft regu-
lations for the Water Infrastructure Finance and Innova-
tion program, including a crosswalk from the statutory re-
quirements for such program, and a timetable for pub-
lishing such regulations: Provided further, That the use of 
direct loans or loan guarantee authority under this heading 
for direct loans or commitments to guarantee loans for any 
project shall be in accordance with the criteria published 
in the Federal Register on June 30, 2020 (85 FR 39189) 
pursuant to the fourth proviso under the heading ‘‘Water 
Infrastructure Finance and Innovation Program Account’’ 
in division D of the Further Consolidated Appropriations 
Act, 2020 (Public Law 116–94): Provided further, That 
none of the direct loans or loan guarantee authority made 
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415 
available under this heading shall be available for any 
project unless the Secretary and the Director of the Office 
of Management and Budget have certified in advance in 
writing that the direct loan or loan guarantee, as applica-
ble, and the project comply with the criteria referenced in 
the previous proviso: Provided further, That any references 
to the Environmental Protection Agency (EPA) or the Ad-
ministrator in the criteria referenced in the previous two 
provisos shall be deemed to be references to the Army Corps 
of Engineers or the Secretary of the Army, respectively, for 
purposes of the direct loans or loan guarantee authority 
made available under this heading: Provided further, That, 
for the purposes of carrying out the Congressional Budget 
Act of 1974, the Director of the Congressional Budget Office 
may request, and the Secretary shall promptly provide, doc-
umentation and information relating to a project identified 
in a Letter of Interest submitted to the Secretary pursuant 
to a Notice of Funding Availability for applications for 
credit assistance under the Water Infrastructure Finance 
and Innovation Act Program, including with respect to a 
project that was initiated or completed before the date of 
enactment of this Act. 
In addition, fees authorized to be collected pursuant 
to sections 5029 and 5030 of the Water Infrastructure Fi-
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nance and Innovation Act of 2014 shall be deposited in this 
account, to remain available until expended. 
In addition, for administrative expenses to carry out 
the direct and guaranteed loan programs, $2,200,000, to re-
main available until September 30, 2022. 
GENERAL PROVISIONS—CORPS OF ENGINEERS— 
CIVIL 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 101. (a) None of the funds provided in title I 
of this Act, or provided by previous appropriations Acts 
to the agencies or entities funded in title I of this Act that 
remain available for obligation or expenditure in fiscal year 
2021, shall be available for obligation or expenditure 
through a reprogramming of funds that: 
(1) creates or initiates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds have been 
denied or restricted by this Act, unless prior approval 
is received from the Committees on Appropriations of 
both Houses of Congress; 
(4) proposes to use funds directed for a specific 
activity for a different purpose, unless prior approval 
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is received from the Committees on Appropriations of 
both Houses of Congress; 
(5) augments or reduces existing programs, 
projects, or activities in excess of the amounts con-
tained in paragraphs (6) through (10), unless prior 
approval is received from the Committees on Appro-
priations of both Houses of Congress; 
(6) INVESTIGATIONS.—For a base level over 
$100,000, reprogramming of 25 percent of the base 
amount up to a limit of $150,000 per project, study 
or activity is allowed: Provided, That for a base level 
less than $100,000, the reprogramming limit is 
$25,000: Provided further, That up to $25,000 may be 
reprogrammed into any continuing study or activity 
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses; 
(7) CONSTRUCTION.—For a base level over 
$2,000,000, reprogramming of 15 percent of the base 
amount up to a limit of $3,000,000 per project, study 
or activity is allowed: Provided, That for a base level 
less than $2,000,000, the reprogramming limit is 
$300,000: Provided further, That up to $3,000,000 
may be reprogrammed for settled contractor claims, 
changed conditions, or real estate deficiency judg-
ments: Provided further, That up to $300,000 may be 
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418 
reprogrammed into any continuing study or activity 
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses; 
(8) OPERATION AND MAINTENANCE.—Unlimited 
reprogramming authority is granted for the Corps to 
be able to respond to emergencies: Provided, That the 
Chief of Engineers shall notify the Committees on Ap-
propriations of both Houses of Congress of these emer-
gency actions as soon thereafter as practicable: Pro-
vided further, That for a base level over $1,000,000, 
reprogramming of 15 percent of the base amount up 
to a limit of $5,000,000 per project, study, or activity 
is allowed: Provided further, That for a base level less 
than 
$1,000,000, 
the 
reprogramming 
limit 
is 
$150,000: Provided further, That $150,000 may be re-
programmed into any continuing study or activity 
that did not receive an appropriation; 
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 
reprogramming guidelines in paragraphs (6), (7), 
and (8) shall apply to the Investigations, Construc-
tion, and Operation and Maintenance portions of the 
Mississippi River and Tributaries Account, respec-
tively; and 
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