163 
carrying out cross border attacks into neighboring 
countries; 
(2) not supporting terrorist activities against 
United States or coalition forces in Afghanistan, and 
Pakistan’s military and intelligence agencies are not 
intervening extra-judicially into political and judicial 
processes in Pakistan; 
(3) dismantling improvised explosive device 
(IED) networks and interdicting precursor chemicals 
used in the manufacture of IEDs; 
(4) preventing the proliferation of nuclear-re-
lated material and expertise; 
(5) implementing policies to protect judicial 
independence and due process of law; 
(6) issuing visas in a timely manner for United 
States visitors engaged in counterterrorism efforts 
and assistance programs in Pakistan; and 
(7) providing humanitarian organizations access 
to detainees, internally displaced persons, and other 
Pakistani civilians affected by the conflict. 
(b) The Secretary of Defense, in coordination with 
the Secretary of State, may waive the restriction in sub-
section (a) on a case-by-case basis by certifying in writing 
to the congressional defense committees that it is in the 
national security interest to do so: Provided, That if the 
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Secretary of Defense, in coordination with the Secretary 
of State, exercises such waiver authority, the Secretaries 
shall report to the congressional defense committees on 
both the justification for the waiver and on the require-
ments of this section that the Government of Pakistan was 
not able to meet: Provided further, That such report may 
be submitted in classified form if necessary. 
SEC. 9018. 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.), in-
cluding for the introduction of United States armed forces 
into hostilities in Iraq, into situations in Iraq where immi-
nent involvement in hostilities is clearly indicated by the 
circumstances, or into Iraqi territory, airspace, or waters 
while equipped for combat, in contravention of the con-
gressional consultation and reporting requirements of sec-
tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 
1543). 
SEC. 9019. 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.), 
including 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 
indicated by the circumstances, or into Syrian territory, 
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airspace, or waters while equipped for combat, in con-
travention of the congressional consultation and reporting 
requirements of sections 3 and 4 of that law (50 U.S.C. 
1542 and 1543). 
SEC. 9020. 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 Afghanistan Air Force. 
SEC. 9021. 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 pro-
vide 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 objectives in Afghanistan; and (2) the Secretary 
has sought a commitment by the Government of Afghani-
stan to take all necessary corrective steps: Provided, That 
such certification shall be accompanied by a report de-
scribing: (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 
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force unit involved; (4) the assistance provided and the 
assistance withheld; and (5) the corrective steps to be 
taken by the Government of Afghanistan: Provided fur-
ther, That every 120 days after the initial report an addi-
tional report shall be submitted detailing the status of any 
corrective steps taken by the Government of Afghanistan: 
Provided further, That if the Government of Afghanistan 
has not initiated necessary corrective steps within one year 
of the certification, the authority under this section to pro-
vide assistance to such unit shall no longer apply: Provided 
further, That the Secretary shall submit a report to such 
committees detailing the final disposition of the case by 
the Government of Afghanistan. 
SEC. 9022. 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 Afghani-
stan, does not restrict the participation of women, and is 
authorized by section 1218 of the National Defense Au-
thorization Act for Fiscal Year 2020 (Public Law 116- 
92). 
SEC. 9023. Nothing in this Act may be construed as 
authorizing the use of force against Iran. 
SEC. 9024. Not later than 15 days after the date on 
which any foreign base that involves the stationing or op-
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erations of the United States Armed Forces, including a 
temporary base, permanent base, or base owned and oper-
ated by a foreign country, is opened or closed, the Sec-
retary of Defense shall notify the congressional defense 
committees in writing of the opening or closing of such 
base: Provided, that such notification shall also include in-
formation on any personnel changes, costs, and savings 
associated with the opening or closing of such base. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9025. In addition to amounts otherwise made 
available in this Act, $250,000,000 is hereby appropriated 
to the Department of Defense and made available for 
transfer only to the operation and maintenance, military 
personnel, and procurement accounts, to improve near- 
term intelligence, surveillance, and reconnaissance capa-
bilities and related processing, exploitation, and dissemi-
nation functions of the Department of Defense: Provided, 
That the transfer authority provided in this section is in 
addition to any other transfer authority provided else-
where in this Act: Provided further, That not later than 
30 days prior to exercising the transfer authority provided 
in this section, the Secretary of Defense shall submit a 
report to the congressional defense committees on the pro-
posed uses of these funds: Provided further, That the 
funds provided in this section may not be transferred to 
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any program, project, or activity specifically limited or de-
nied by this Act: Provided further, That such funds may 
not be obligated for new start efforts: Provided further, 
That amounts made available by this section are 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: Provided further, That the 
authority to provide funding under this section shall termi-
nate on September 30, 2021. 
(RESCISSIONS) 
SEC. 9026. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: Provided, That such 
amounts are 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: 
‘‘Aircraft Procurement, Air Force’’, 2019/2021, 
$16,400,000; 
‘‘Operation and Maintenance, Defense-Wide: Defense 
Security Cooperation Agency’’, 2020/2021, $80,000,000; 
‘‘Afghanistan Security Forces Fund’’, 2020/2021, 
$1,100,000,000; and 
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‘‘Counter-ISIS Train and Equip Fund’’, 2020/2021, 
$250,000,000. 
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. Effective 240 days after the date of the 
enactment of this Act, the Authorization for Use of Mili-
tary Force (Public Law 107–40; 50 U.S.C. 1541 note) 
is hereby repealed. 
SEC. 9029. The Authorization for Use of Military 
Force Against Iraq Resolution of 2002 (Public Law 107– 
243; 50 U.S.C. 1541 note) is hereby repealed. 
SEC. 9030. (a)(1) Except as provided in paragraph 
(2), none of the funds appropriated or otherwise made 
available by this Act may be obligated or expended for any 
use of military force in or against Iran unless Congress 
has— 
(A) declared war; or 
(B) enacted specific statutory authorization for such 
use of military force after the date of the enactment of 
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this Act that meets the requirements of the War Powers 
Resolution (50 U.S.C. 1541 et seq.). 
(2) The prohibition under paragraph (1) shall not 
apply to a use of military force that is consistent with sec-
tion (2)(c) of the War Powers Resolution. 
(b) Nothing in this section may be construed— 
(1) to prevent the President from using nec-
essary and appropriate force to defend United States 
allies and partners if Congress enacts specific statu-
tory authorization for such use of force consistent 
with the requirements of the War Powers Resolution 
(50 U.S.C. 1541 et seq.); 
(2) to relieve the executive branch of restric-
tions on the use of force, reporting, or consultation 
requirements set forth in the War Powers Resolution 
(50 U.S.C. 1541 et seq.); or 
(3) to authorize the use of military force. 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2021’’. 
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Union Calendar No. 364 
116TH CONGRESS 
2D SESSION 
H. R. 7617 
[Report No. 116–453] 
A BILL 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2021, and for other purposes. 
JULY 16, 2020 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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