H. R. 133—120 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 
of the Department of Defense Authorization 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 Stock-
pile 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 govern-
ments; $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 
available 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 program. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United 
States Code; for operation 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 program; 
$194,211,000 shall be for the National Guard counter-drug program; 
and $25,511,000 shall be for the National Guard counter-drug 
schools program: Provided, That the funds appropriated under this 
heading shall be available 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 authority contained elsewhere in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector Gen-
eral 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 approval or authority of the Inspector General, 
and payments may be made upon the Inspector General’s certificate 
of necessity for confidential military purposes; of which $858,000, 
to remain available for obligation until September 30, 2023, shall 
be for procurement; and of which $1,098,000, to remain available
H. R. 133—121 
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 Retirement 
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. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Community Manage-
ment 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 purposes not author-
ized by the Congress. 
SEC. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment 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 indirect 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 computed 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 employees, 
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 limitations of this provision shall not 
apply to foreign national employees of the Department of Defense 
in the Republic 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 appropriations 
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 Reserve Officers’ Training Corps.
H. R. 133—122 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, 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 Department of Defense for military functions (except military 
construction) between such appropriations or funds or any subdivi-
sion 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, That such authority to transfer 
may not be used unless for higher priority items, based on unfore-
seen military requirements, than those for which originally appro-
priated and in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That the Sec-
retary 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 
appropriated and in no case where the item for which reprogram-
ming is requested has been denied by the Congress: Provided fur-
ther, That a request for multiple reprogrammings of funds using 
authority provided in this section shall be made prior to June 
30, 2021: Provided further, That transfers among military personnel 
appropriations 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 programs, 
projects, and activities (and the dollar amounts and adjustments 
to budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled Explanation of Project Level 
Adjustments in the explanatory statement regarding this Act and 
the tables contained in the classified annex accompanying this 
Act, the obligation 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 extent 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 appropriations 
for purposes of section 8005 of this Act: Provided, That section 
8005 shall apply when transfers of the amounts described in sub-
section (a) occur between appropriation accounts. 
SEC. 8007. (a) Not later than 60 days after enactment of this 
Act, the Department of Defense shall submit a report to the congres-
sional defense 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 separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level;
H. R. 133—123 
(2) a delineation in the table for each appropriation both 
by budget activity and program, project, and activity as detailed 
in the Budget Appendix; and 
(3) an identification of items of special congressional 
interest. 
(b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that 
such reprogramming or transfer is necessary as an emergency 
requirement: Provided, That this subsection shall not apply to trans-
fers 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 
Activities, 
Defense’’. 
(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense 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 between such funds: Provided further, 
That transfers may be made between working capital funds and 
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 
the ‘‘Operation 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 Secretary 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 notified 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 congressional defense committees. 
SEC. 8010. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs 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, 
unless the congressional defense committees have been notified 
at least 30 days in advance of the proposed contract award: Pro-
vided, 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
H. R. 133—124 
least to the limits of the Government’s liability: Provided further, 
That no part of any appropriation contained in this Act shall 
be available to initiate multiyear procurement contracts for any 
systems or component 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: Pro-
vided further, That none of 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 contract for which procurement funds are requested 
in that budget request for production beyond advance procure-
ment 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 adjustment 
based on a failure to award a follow-on contract. 
SEC. 8011. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby appro-
priated 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 assistance 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 required by section 401(d) of title 10, United States Code: Pro-
vided, That funds available for operation and maintenance 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 Association as authorized by Public Law 99– 
239: Provided further, 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 authorize the provision 
of medical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana 
Islands, the Marshall Islands, the Federated States of Micronesia, 
Palau, and Guam. 
SEC. 8012. (a) During the current fiscal year, the civilian per-
sonnel 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
H. R. 133—125 
of employees, but are to be managed primarily on the basis of, 
and in a manner consistent with— 
(1) the total force management policies and procedures 
established under section 129a of title 10, United States Code; 
(2) the workload required to carry out the functions 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 reduc-
tions 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 managing based on a constraint 
or limitation for purposes of such subsection. 
(d) The fiscal year 2022 budget request for the Department 
of Defense, and any justification material and other documentation 
supporting such request, shall be prepared and submitted to Con-
gress 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 mili-
tary (civilian) technicians. 
SEC. 8013. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation 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 Affairs 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 reenlisted with this option prior to October 1, 1987: Provided 
further, That this section applies only to active components of 
the Army. 
(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 develop-
mental assistance agreement pursuant to section 831 of the 
National Defense Authorization 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 Congress pursuant 
to section 1105 of title 31, United States Code) a description of
H. R. 133—126 
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 available 
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 purpose of this section, the term ‘‘manufactured’’ shall 
include cutting, heat treating, quality control, testing of chain and 
welding (including the forging and shot blasting process): 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 aggre-
gate 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 adequate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis, the Secretary 
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 acquisition 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 nec-
essary or routine refurbishments, upgrades or maintenance activi-
ties, 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 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 located: 
Provided further, That such local procurement requirements 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 further, That alcoholic beverages other 
than wine and malt beverages, 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 Department 
of Defense may be used to demilitarize or dispose of M–1 Carbines, 
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, 
or M–1911 pistols, or to demilitarize or destroy small arms ammuni-
tion or ammunition components that are not otherwise prohibited 
from commercial sale under Federal law, unless the small arms
H. R. 133—127 
ammunition 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 appropriated 
or made available in this Act shall be used during a single fiscal 
year for any single relocation of an organization, 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 congressional 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 incentive payments 
authorized by section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 25, 
United States Code, shall be considered a contractor for the pur-
poses 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 appropriated by an Act making 
appropriations for the Department of Defense with respect to any 
fiscal year: Provided 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 acquisi-
tion of commercial items produced or manufactured, in whole or 
in part, by any subcontractor or supplier 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, United States Code. 
SEC. 8022. Funds appropriated by this Act for the Defense 
Media Activity shall not be used for any national or international 
political or psychological activities. 
SEC. 8023. During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, 
That, upon receipt, such contributions from the Government of 
Kuwait shall be credited to the appropriations or fund which 
incurred such obligations. 
SEC. 8024. The Secretary of Defense shall notify the congres-
sional defense committees in writing not more than 30 days after 
the receipt of any contribution of funds received from the govern-
ment of a foreign country for any purpose relating to the stationing 
or operations of the United States Armed Forces: Provided, That 
such notification shall include the amount of the contribution; the 
purpose for which such contribution was made; and the authority 
under which such contribution was accepted by the Secretary of 
Defense: Provided further, That not fewer than 15 days prior to 
obligating such funds, the Secretary of Defense shall submit to 
the congressional defense committees in writing a notification of
H. R. 133—128 
the planned use of such contributions, including whether such con-
tributions would support 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 ‘‘Operation and 
Maintenance, Air Force’’ to support Civil 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 Procure-
ment, 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 reimbursement 
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 (depart-
ment) 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 mem-
bership corporation consisting of a consortium of other FFRDCs 
and other nonprofit entities. 
(b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, 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 consultant by more than one FFRDC 
in a fiscal year: Provided, That a member of any such entity 
referred to previously 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 membership 
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 installation, for payment of cost sharing 
for projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development. 
(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 available 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 Intelligence Program (NIP) and the Military Intelligence 
Program (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 during that fiscal year 
and the associated budget estimates.
H. R. 133—129 
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 facility or property under 
the control of the Department of Defense 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 Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able 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 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 ‘‘congressional 
defense committees’’ means the Armed Services Committee of the 
House of Representatives, the Armed Services Committee of the 
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives. 
SEC. 8029. During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the production 
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities 
and private firms: Provided, That the Senior Acquisition Executive 
of the military department or Defense Agency concerned, with power 
of delegation, 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 consultation 
with the United States Trade Representative, determines that a 
foreign country which is party to an agreement described in para-
graph (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 recip-
rocal defense procurement memorandum of understanding, 
between the United States and a foreign country pursuant 
to which the Secretary of Defense has prospectively waived 
the Buy American Act for certain products in that country. 
(b) The Secretary of Defense shall submit to the Congress 
a report on the amount of Department of Defense purchases 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 agreement described in subsection 
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
H. R. 133—130 
or any international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term ‘‘Buy American 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 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 Washington relocatable military housing units 
located at Grand Forks Air Force Base, Malmstrom Air Force Base, 
Mountain 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 subsection (a) in 
accordance with the request for such units that are submitted 
to the Secretary by the Operation Walking 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 resolve any 
conflicts among requests of Indian tribes for housing 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 published by the Secretary 
of the Interior under section 104 of the Federally Recognized Indian 
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 
5131). 
SEC. 8033. During the current fiscal year, appropriations 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 Secretary 
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 ‘‘Ship-
building and Conversion, Navy: LPD 33 (AP)’’ for fiscal year 2021 
advance procurement 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 addition 
to any other transfer authority contained in this Act. 
SEC. 8035. Up to $14,000,000 of the funds appropriated under 
the heading ‘‘Operation and Maintenance, 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 humani-
tarian assistance, and payment of incremental and personnel costs
H. R. 133—131 
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 expenses: Provided further, 
That funds may not be obligated to provide assistance to any 
foreign country that is otherwise prohibited from receiving such 
type of assistance under any other provision of law. 
SEC. 8036. The Secretary of Defense shall issue regulations 
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 competitive 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 purchase of an invest-
ment item for the purpose of acquiring a new inventory item for 
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense 
Working Capital Funds if such an item would not have been charge-
able to the Department of Defense Business Operations Fund during 
fiscal year 1994 and if the purchase of such an investment 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 Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2022 Department 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 appropriation contained in this Act shall be budg-
eted 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 remain available 
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2022: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central 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 advanced research and develop-
ment acquisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of the National 
Security Act of 1947 (50 U.S.C. 3093) shall remain available until 
September 30, 2022: Provided further, That any funds appropriated 
or transferred to the Central Intelligence Agency for the construc-
tion, improvement, or alteration of facilities, including leased facili-
ties, to be used primarily by personnel of the intelligence community 
shall remain available until September 30, 2023. 
SEC. 8039. Of the funds appropriated to the Department of 
Defense under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, not less than $12,000,000 shall be made available only
H. R. 133—132 
for the mitigation of environmental impacts, including training 
and technical assistance to tribes, related administrative support, 
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and 
cost to complete estimates for mitigation, on Indian lands resulting 
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 America, the Secretary shall 
determine, in accordance with section 2410f of title 10, United 
States Code, whether the person should be debarred from con-
tracting with the Department of Defense. 
(c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending 
the appropriation, purchase only American-made equipment and 
products, provided that American-made equipment and products 
are cost-competitive, quality competitive, and available in a timely 
fashion. 
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 remains at the location of that head-
quarters. 
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by- 
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and the 
Senate that the granting of the waiver will reduce the personnel 
requirements or the financial 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 improvised explosive devices, 
and, as determined by the Secretary of the Army, other similar 
threats; 
(3) an Army field operating agency established to improve 
the effectiveness and efficiencies of biometric activities and 
to integrate common biometric technologies throughout the 
Department of Defense; or 
(4) an Air Force field operating agency established to 
administer the Air Force Mortuary Affairs Program and Mor-
tuary Operations for the Department 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
H. R. 133—133 
date of the enactment of this Act, is performed by Department 
of Defense civilian employees unless— 
(1) the conversion is based on the result of a public-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 solicitation 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 organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advantage for a 
proposal that would reduce costs for the Department of Defense 
by— 
(A) not making an employer-sponsored health insur-
ance 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 con-
tribute 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 notwithstanding any adminis-
trative regulation, requirement, or policy to the contrary shall have 
full authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that— 
(A) is included on the procurement list established 
pursuant to section 2 of the Javits-Wagner-O’Day Act (sec-
tion 8503 of title 41, United States Code); 
(B) is planned to be converted to performance by a 
qualified nonprofit agency for the blind or by a qualified 
nonprofit agency for other severely handicapped individuals 
in accordance with that Act; or 
(C) is planned to be converted to performance by a 
qualified firm under at least 51 percent 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 contracts or con-
tracts 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 outsourcing goal, target, or 
measurement that may be established by statute, regulation, or 
policy and is deemed to be awarded under the authority of, and
H. R. 133—134 
in compliance with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of commercial activi-
ties. 
(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 Congress for Overseas Contingency Oper-
ations/Global War on Terrorism or as an emergency requirement 
pursuant to the Concurrent Resolution on the Budget or the Bal-
anced Budget 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; 
‘‘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 Refueling Over-
hauls’’, 2020/2024, $13,100,000; 
‘‘Other Procurement, Navy’’, 2020/2022, $87,052,000; 
‘‘Procurement, Marine Corps’’, 2020/2022, $55,139,000; 
‘‘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 Agency 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 technicians
H. R. 133—135 
(dual status) of the Army National Guard, Air National Guard, 
Army Reserve and Air Force Reserve for the purpose of applying 
any administratively imposed civilian personnel ceiling, freeze, or 
reduction on military technicians (dual status), unless such reduc-
tions are a direct result of a reduction in military force structure. 
SEC. 8045. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended 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 activities 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 operation and 
maintenance of the Military Departments, Combatant 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 counterintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the activities 
and programs included within the National Intelligence Program 
and the Military Intelligence Program: Provided, That nothing in 
this section authorizes deviation from established Reserve and 
National Guard personnel and training procedures. 
SEC. 8047. (a) None of the funds available to the Department 
of Defense for any fiscal year for drug interdiction 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 Intelligence 
Agency for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency 
of the United States except as specifically provided in an appropria-
tions 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 domestic origin: Pro-
vided, That the Secretary of the military department responsible 
for such procurement may waive this restriction on a case-by- 
case basis by certifying in writing to the Committees on Appropria-
tions 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 pur-
poses: 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 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 competi-
tive 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 appro-
priated to the Department of Defense: Provided, That upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, the Secretary shall make grants in the amounts
H. R. 133—136 
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 certifies 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 extramural budget. The Secretary of each 
military department, the Director of each Defense Agency, and 
the head of each other relevant component of the Department 
of Defense shall submit to the congressional defense committees, 
concurrent with submission of the budget justification documents 
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 department, agency, or component during 
the most recently completed fiscal year. 
SEC. 8053. None of the funds available to the Department 
of Defense under this Act shall be obligated or expended to pay 
a contractor under a contract with the Department 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 excess of 
the normal salary paid by the contractor to the employee; 
and 
(2) such bonus is part of restructuring costs associated 
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 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 connection 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 expired or which has closed 
under the provisions of section 1552 of title 31, United States 
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be 
charged to any current appropriation account for the same purpose 
as the expired 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 availability or closing of that account;
H. R. 133—137 
(2) the obligation is not otherwise properly chargeable to 
any current appropriation account of the Department of 
Defense; and 
(3) in the case of an expired account, the obligation is 
not chargeable to a current appropriation of the Department 
of Defense under the provisions of section 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 recorded against the expired account: Provided 
further, That the total amount charged to a current appropria-
tion 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 (Comptroller) shall 
include with the budget of the President for fiscal year 2022 (as 
submitted to Congress pursuant to section 1105 of title 31, United 
States Code) a statement describing 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 the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. The 
Chief of the National Guard Bureau 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 associated 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’ Counsel 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 period 
as the appropriations to which the funds are transferred: Provided 
further, That this transfer authority is in addition to any other 
transfer authority provided in this Act. 
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 require-
ments: Provided, That this restriction does not apply to end-items 
used in development, prototyping, and test activities preceding and 
leading to acceptance for operational use: Provided further, That 
this restriction 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
H. R. 133—138 
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 acceptance for operational use: Provided further, 
That the report shall set forth, for each end-item covered by the 
preceding proviso, a detailed list of the statutory authorities under 
which amounts in the accounts described in that proviso 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 certification 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 certifying 
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 procurement 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 produced 
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 entered into before 
such date if the option prices are adjusted for any reason 
other than the application of a waiver granted under subsection 
(a). 
(c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, 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 otherwise 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, including 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 ‘‘Research, Development, 
Test and Evaluation, Defense-Wide’’ for any new start advanced
H. R. 133—139 
concept technology demonstration project or joint capability dem-
onstration project may only be obligated 45 days after a report, 
including a description of the project, the planned acquisition and 
transition strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense committees: 
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 directed 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 ammunition 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 incendiary tracer (API–T)’’, except to 
an entity performing demilitarization services for the Department 
of Defense 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 demili-
tarization process; or (2) used to manufacture ammunition pursuant 
to a contract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Permanent 
Export of Unclassified 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 designee, may waive 
payment of all or part of the consideration 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: Provided, That, notwith-
standing any other provision of law, the Secretary of Defense is 
authorized to transfer such funds to other activities of the Federal 
Government: Provided further, 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 
related to projects carrying out the purposes of this section: Provided 
further, That contracts entered into under the authority of this
H. R. 133—140 
section may provide for such indemnification as the Secretary deter-
mines to be necessary: Provided further, That projects authorized 
by this section shall comply with applicable Federal, State, and 
local law to the maximum extent consistent with the national 
security, as determined 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 modify— 
(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 budget request 
is presented in the unclassified P–1, R–1, and O–1 documents 
supporting the Department of Defense budget request; 
(3) the process by which the National Intelligence Program 
appropriations are apportioned to the executing 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 prohibit 
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 accordance with paragraphs (a)(1)– 
(3). 
(c) The Director of National Intelligence and the Secretary 
of Defense may jointly, only for the purposes of achieving auditable 
financial statements and improving fiscal reporting, study and 
develop detailed proposals for alternative financial management 
processes. Such study shall include a comprehensive counterintel-
ligence risk assessment to ensure that none of the alternative 
processes will adversely affect counterintelligence. 
(d) Upon development of the detailed proposals defined under 
subsection (c), the Director of National Intelligence and the Sec-
retary of Defense shall— 
(1) provide the proposed alternatives to all affected agen-
cies; 
(2) receive certification from all affected agencies attesting 
that the proposed alternatives will help achieve auditability, 
improve fiscal reporting, and will not adversely affect counter-
intelligence; and 
(3) not later than 30 days after receiving all necessary 
certifications under paragraph (2), present the proposed alter-
natives and certifications to the congressional defense and intel-
ligence committees. 
SEC. 8068. In addition to amounts provided elsewhere in this 
Act, $10,000,000 is hereby appropriated to the Department of 
Defense, to remain available for obligation until expended: Provided, 
That notwithstanding any other provision of law, that upon the 
determination of the Secretary 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 furnishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness or hos-
pitalization of an eligible military beneficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. Of the amounts appropriated for ‘‘Operation and 
Maintenance, Navy’’, up to $1,000,000 shall be available for transfer
H. R. 133—141 
to the John C. Stennis Center for Public Service Development 
Trust Fund established under section 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 Department 
of Defense may be obligated to modify command and control rela-
tionships to give Fleet Forces Command operational and administra-
tive control of United States Navy forces assigned to the Pacific 
fleet: Provided, That the command and control relationships which 
existed on October 1, 2004, shall remain in force until a written 
modification has been proposed to the Committees on Appropria-
tions of the House of Representatives and the Senate: Provided 
further, That the proposed modification may be implemented 30 
days after the notification unless an objection is received from 
either the House or Senate Appropriations Committees: Provided 
further, That any proposed modification shall not preclude the 
ability of the commander of United States Indo-Pacific Command 
to meet operational requirements. 
SEC. 8071. Any notice that is required to be submitted to 
the Committees on Appropriations of the House of Representatives 
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 enactment of this Act shall be submitted 
pursuant to that requirement concurrently to the Subcommittees 
on Defense of the Committees on Appropriations of the House 
of Representatives and the Senate. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8072. Of the amounts appropriated in this Act under 
the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Develop-
ment, 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 defense research and 
development under the SRBMD program, of which $50,000,000 
shall be for co-production activities 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 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 contained in this Act.
H. R. 133—142 
(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 Conversion, 
Navy’’, 2008/2021: Carrier Replacement Program $71,000,000; 
(2) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2015/2021: DDG–51 Destroyer $9,634,000; 
(3) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2016/2021: CVN Refueling Overhauls $186,200,000; 
(4) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2016/2021: LPD–17 $30,578,000; 
(5) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2016/2021: TAO Fleet Oiler $42,500,000; 
(6) Under the heading ‘‘Shipbuilding and Conversion, 
Navy’’, 2018/2021: TAO Fleet Oiler $17,400,000; and 
(7) Under the heading ‘‘Shipbuilding and Conversion, 
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 Security 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 reprogramming 
of funds that creates or initiates a new program, project, or activity 
unless such program, project, or activity must be undertaken imme-
diately 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 docu-
ments for costs of United States Armed Forces’ participation in 
contingency operations for the Military Personnel accounts, the 
Operation and Maintenance accounts, the Procurement accounts, 
and the Research, Development, Test and Evaluation accounts: 
Provided, 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 docu-
ments 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 estimates of the major weapons systems deployed in support 
of each contingency: Provided further, That these documents shall
H. R. 133—143 
include budget exhibits OP–5 and OP–32 (as defined in the Depart-
ment of Defense Financial Management Regulation) for all contin-
gency 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 defense 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 sub-
section 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 defense 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 Squadron of the Air Force 
Reserve, if such action would reduce the WC–130 Weather Recon-
naissance mission below the levels funded in this Act: Provided, 
That the Air Force shall allow the 53rd Weather Reconnaissance 
Squadron to perform other missions in support of national defense 
requirements during the non-hurricane season. 
SEC. 8080. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during 
the conduct of authorized foreign intelligence 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 Executive Order No. 12333. 
SEC. 8081. (a) None of the funds appropriated by this Act 
may be used to transfer research and development, acquisition, 
or other program authority relating to current tactical unmanned 
aerial vehicles (TUAVs) from the Army. 
(b) The Army shall retain responsibility for and operational 
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 Intelligence 
shall remain available for obligation beyond the current fiscal year, 
except for funds appropriated for research and technology, which 
shall remain available until September 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 ‘‘Shipbuilding and Conversion, Navy’’ appropriations 
in any prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation.
H. R. 133—144 
SEC. 8084. (a) Not later than 60 days after the date of enact-
ment of this Act, the Director of National Intelligence shall submit 
a report to the congressional intelligence committees to establish 
the baseline for application of reprogramming and transfer authori-
ties for fiscal year 2021: Provided, That the report shall include— 
(1) a table for each appropriation with a separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level; 
(2) a delineation in the table for each appropriation by 
Expenditure Center and project; and 
(3) an identification of items of special congressional 
interest. 
(b) None of the funds provided for the National Intelligence 
Program in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional intelligence committees, unless the Director of 
National Intelligence certifies in writing to the congressional intel-
ligence committees that such reprogramming or transfer is nec-
essary 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 countries in connection 
with the conduct of operations in which the United States is not 
participating, pursuant to section 331(d) of title 10, United States 
Code, shall be made in accordance with section 8005 or 9002 of 
this Act, as applicable. 
SEC. 8086. Any transfer of amounts appropriated to the Depart-
ment of Defense Acquisition Workforce Development Account in 
or for fiscal year 2021 to a military department or Defense Agency 
pursuant to section 1705(e)(1) of title 10, United States Code, shall 
be covered by and subject to section 8005 or 9002 of this Act, 
as applicable. 
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 National 
Intelligence 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 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 of funds; this notification
H. R. 133—145 
period may be reduced for urgent national security require-
ments. 
(b) None of the funds provided for the National Intelligence 
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 section 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 committees 
are notified 30 days in advance of such reprogramming 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 ‘‘Procurement, Space Force’’ 
may be obligated for payment of satellite on-orbit incentives in 
the fiscal year in which an incentive 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 ‘‘congressional 
intelligence committees’’ means the Permanent Select Committee 
on Intelligence of the House of Representatives, the Select Com-
mittee on Intelligence of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on Appropria-
tions of the Senate. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8091. During the current fiscal year, not to exceed 
$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 military 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 Depart-
ment of Defense Acquisition Workforce Development 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. 
(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 otherwise 
made available by this Act may be expended for any Federal con-
tract for an amount in excess of $1,000,000, unless the contractor 
agrees not to—
H. R. 133—146 
(1) enter into any agreement with any of its employees 
or independent contractors that requires, as a condition of 
employment, that the employee or independent contractor agree 
to 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 impris-
onment, or negligent hiring, supervision, or retention; or 
(2) take any action to enforce any provision of an existing 
agreement with an employee or independent contractor that 
mandates that the employee 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, inten-
tional infliction of emotional distress, false imprisonment, or 
negligent hiring, supervision, or retention. 
(b) None of the funds appropriated or otherwise made available 
by this Act may be expended for any Federal contract unless the 
contractor certifies that it requires each covered 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 inde-
pendent contractor performing 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 
subject 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 enforced in a court of 
the United States. 
(d) The Secretary of Defense may waive the application of 
subsection (a) or (b) to a particular contractor or subcontractor 
for the purposes of a particular contract or subcontract if the 
Secretary or the Deputy Secretary personally 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 sub-
contract is not longer than necessary to avoid such harm. The 
determination shall set forth with specificity the grounds for the 
waiver 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 Secretary of Defense shall 
transmit to Congress, and simultaneously make public, any deter-
mination under this subsection 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 transfer to the Joint 
Department of Defense-Department of Veterans Affairs Medical 
Facility Demonstration Fund in accordance 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
H. R. 133—147 
the integrated Captain James A. Lovell Federal Health Care Center, 
consisting of the North Chicago Veterans Affairs Medical Center, 
the Navy Ambulatory Care Center, and supporting facilities des-
ignated as a combined Federal medical facility as described by 
section 706 of Public Law 110–417: Provided further, That addi-
tional funds may be transferred from funds appropriated for oper-
ation and maintenance for the Defense Health Program to the 
Joint Department of Defense-Department of Veterans Affairs Med-
ical Facility Demonstration Fund upon written notification by the 
Secretary of Defense to the Committees on Appropriations of the 
House of Representatives and the Senate. 
SEC. 8096. None of the funds appropriated or otherwise made 
available by this Act may be used by the Department 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 Department 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 applicable to the purchase of passenger 
carrying vehicles. 
(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 intel-
ligence requirements, 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 authority 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 Resolution (50 U.S.C. 
1541 et seq.). 
SEC. 8100. None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, 
or assist in the transfer or release 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 
(2) is or was held on or after June 24, 2009, at United 
States Naval Station, Guanta´namo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 8101. None of the funds appropriated or otherwise made 
available in this Act may be used to transfer any individual detained 
at United States Naval Station 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 section 1034 of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92) and section 1035 of the
H. R. 133—148 
John S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115–232). 
SEC. 8102. (a) None of the funds appropriated or otherwise 
made available by this or any other Act may be used by the 
Secretary of Defense, or any other official or officer of the Depart-
ment of Defense, to enter into a contract, memorandum of under-
standing, or cooperative agreement with, or make a grant to, or 
provide a loan or loan guarantee to Rosoboronexport or any sub-
sidiary of Rosoboronexport. 
(b) The Secretary of Defense may waive the limitation in sub-
section (a) if the Secretary, in consultation with the Secretary 
of State and the Director of National Intelligence, determines that 
it is in the vital national security interest of the United States 
to do so, and certifies in writing to the congressional defense 
committees that— 
(1) Rosoboronexport has ceased the transfer of lethal mili-
tary equipment to, and the maintenance of existing lethal mili-
tary equipment for, the Government of the Syrian Arab 
Republic; 
(2) the armed forces of the Russian Federation have with-
drawn from Crimea, other than armed forces present on mili-
tary bases subject to agreements in force between the Govern-
ment of the Russian Federation 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 Secretary of Defense pursuant 
to subsection (b), and not later than 90 days after the date on 
which such a waiver is issued by the Secretary of Defense, the 
Inspector General shall submit to the congressional defense commit-
tees a report containing 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 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 otherwise 
made available in this or any other Act may be used to construct, 
acquire, or modify any facility in the United States, its territories, 
or possessions to house any individual described in subsection (c) 
for the purposes of detention or imprisonment in the custody or 
under the effective control of the Department of Defense. 
(b) 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
H. R. 133—149 
(B) otherwise under detention at United States Naval 
Station, Guanta´namo Bay, Cuba. 
SEC. 8105. Of the amounts appropriated in this Act for ‘‘Ship-
building and Conversion, Navy’’, $60,000,000, to remain available 
for obligation until September 30, 2025, may be used for the pur-
chase of two used sealift vessels for the National Defense Reserve 
Fleet, established 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 Department of 
Transportation for programs, projects, activities, and expenses 
related to the National Defense Reserve Fleet: Provided further, 
That notwithstanding 10 U.S.C. 2218 (National Defense Sealift 
Fund), none of these funds shall be transferred to the National 
Defense Sealift Fund for execution. 
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 
activities under such account: Provided, That the authority under 
section 804(d)(2) of the National Defense Authorization 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 person; 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 electronic 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 responsibilities 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 limitation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of Acts 
providing supplemental appropriations for the Department of 
Defense. 
SEC. 8110. Of the amounts appropriated in this Act for ‘‘Oper-
ation and Maintenance, Navy’’, $376,029,000, to remain available 
until expended, may be used for any purposes related to the 
National Defense Reserve Fleet established 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
H. R. 133—150 
Reserve Force, Maritime Administration account of the United 
States Department 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 Authorization 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 noti-
fied in accordance with the direction contained in the classified 
annex accompanying this Act, not less than 15 days before initiating 
such support: Provided, That none of the funds made 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 Operations 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 required by extraordinary circumstances and, by not 
later than 72 hours after making such waiver, notifies the congres-
sional 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 accessible to the National Instant Criminal 
Background Check System (NICS), including the Interstate Identi-
fication 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 number and category of records 
submitted by month to each such database, by Service or Compo-
nent: 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 indicate 
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 flag-
ging of records of individuals prohibited from gun possession or 
receipt pursuant 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 following components unless 
those components are manufactured in the United States: Auxiliary 
equipment (including pumps) for shipboard services; propulsion 
equipment (including engines, reduction gears, and propellers); ship-
board 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 contract that provides 
for the acquisition of the following components unless those compo-
nents are manufactured in the United States: Air circuit breakers; 
gyrocompasses; electronic navigation chart systems; steering con-
trols; pumps; propulsion and machinery control systems; totally 
enclosed lifeboats; auxiliary equipment pumps; shipboard cranes; 
auxiliary chill water systems; and propulsion propellers: Provided,
H. R. 133—151 
That the Secretary of the Navy shall incorporate United States 
manufactured propulsion engines and propulsion reduction gears 
into the FFG(X) Frigate program beginning not later than with 
the eleventh ship of the program. 
SEC. 8114. No amounts credited or otherwise made available 
in this or any other Act to the Department of Defense Acquisition 
Workforce Development Account may be transferred to: 
(1) the Rapid Prototyping Fund established under section 
804(d) of the National Defense Authorization Act for Fiscal 
Year 2016 (10 U.S.C. 2302 note); or 
(2) credited to a military-department specific fund estab-
lished under section 804(d)(2) of the National 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 expenses 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 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 nec-
essary for any Federal, State, tribal, or local law enforcement agency 
or any other entity carrying out criminal investigations, prosecution, 
or adjudication activities, or for any activity necessary for the 
national defense, including 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 National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92). 
SEC. 8118. In addition to amounts provided elsewhere in this 
Act, there is appropriated $284,000,000, for an additional amount 
for ‘‘Operation and Maintenance, Defense-Wide’’, to remain avail-
able until expended: Provided, That such funds shall only be avail-
able to the Secretary of Defense, acting through the Office of Eco-
nomic Adjustment of the Department of Defense, or for transfer 
to the Secretary 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 military installations 
in order to address capacity or facility condition deficiencies at 
such schools: Provided further, That in making such funds available, 
the Office of Economic Adjustment or the Secretary of Education 
shall give priority consideration to those military installations with 
schools having the most serious capacity or facility condition defi-
ciencies as determined by the Secretary of Defense: Provided fur-
ther, 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, Renovation, Repair or Expansion of Public Schools 
Located on Military Installations’’ published by the Department 
of Defense in the Federal Register on September 9, 2011 (76 Fed.
H. R. 133—152 
Reg. 55883 et seq.): Provided further, That these provisions apply 
to funds provided under this section, and to funds previously pro-
vided by Congress to construct, renovate, repair, 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 such funds remain unobligated on the 
date of enactment of this section. 
SEC. 8119. In carrying out the program described in the memo-
randum on the subject of ‘‘Policy for Assisted Reproductive Services 
for the Benefit of Seriously or Severely Ill/Injured (Category II 
or III) Active Duty Service Members’’ issued by the Assistant Sec-
retary 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 motorized vehicles, aviation 
platforms, munitions other than small arms and munitions appro-
priate for customary ceremonial honors, operational military units, 
or operational military platforms if the Secretary determines that 
providing such units, platforms, or equipment would undermine 
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 procurement or for research, 
development, test and evaluation for the F–35 Joint Strike Fighter 
to modify up to six F–35 aircraft, including up to two F–35 aircraft 
of each variant, to a test configuration: Provided, That the Secretary 
of Defense shall, with the concurrence of the Secretary of the 
Air Force and the Secretary of the Navy, notify the congressional 
defense committees not fewer than 30 days prior to obligating 
and expending funds under this section: Provided further, That 
any transfer of funds pursuant to the authority provided in this 
section shall be made in accordance with section 8005 or 9002 
of this Act, as appropriate, if applicable: Provided further, That 
aircraft referred to previously in this section are not additional 
to aircraft referred to in section 8135 of the Department of Defense 
Appropriations Act, 2019 and section 8126 of the Department of 
Defense Appropriations Act, 2020. 
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 appropriation 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
H. R. 133—153 
to, or provide a loan or loan guarantee to any corporation that 
has any unpaid Federal tax liability that has been assessed, for 
which all judicial and administrative 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 col-
lecting 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. 
SEC. 8125. During fiscal year 2021, any advance billing for 
background investigation services and related services purchased 
from activities financed using Defense Working 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 otherwise made 
available by this Act may be used to transfer the National Recon-
naissance Office to the Space Force: Provided, That nothing in 
this Act shall be construed to limit or prohibit cooperation, 
collaboration, and coordination between the National Reconnais-
sance Office and the Space Force or any other elements of the 
Department of Defense. 
SEC. 8127. None of the funds appropriated or otherwise made 
available by this Act may be used to transfer any element of 
the Department of the Army, the Department of the Navy, or 
a Department of Defense agency to the Space Force unless, concur-
rent 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 Appropriations 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 Depart-
ment of Defense agency to the Space Force and certifies in writing 
to the Committees on Appropriations of the House of Representa-
tives 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 adjustments associ-
ated 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 Military 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 hereby reduced by 
$1,700,362,000.
H. R. 133—154 
SEC. 8131. (a) Amounts appropriated under title IV of this 
Act, as detailed in budget activity eight of the tables in the explana-
tory 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 Software 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 obligated or expended to 
initiate additional Software and Digital 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 Sec-
retary of Defense (Acquisition and Sustainment), to remain avail-
able until expended. 
(b) The funds provided by subsection (a) shall be available 
to the Under Secretary of Defense (Acquisition and Sustainment), 
in coordination with the Assistant Secretary of the Army (Acquisi-
tion, 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 appropriations for oper-
ation and maintenance; procurement; and research, development, 
test and evaluation to accomplish the purposes specified in sub-
section (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. 
(2) The transfer authority provided by this subsection shall 
be in addition to any other transfer authority available to the 
Department of Defense. 
(3) 
The 
Under 
Secretary 
of 
Defense 
(Acquisition 
and 
Sustainment) shall, through the Under Secretary of Defense (Comp-
troller), not less than 30 days prior to making any transfer under 
this subsection, notify the congressional defense 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 Activities, 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
H. R. 133—155 
of the Army, Navy, Marine Corps, and Air Force (including National 
Guard and Reserve) for purposes of improving military readiness: 
Provided, That the transfer authority provided under this provision 
is in addition to any other transfer authority provided elsewhere 
in this Act. 
SEC. 8134. None of the funds provided in this Act for require-
ments development, performance specification development, concept 
design and development, ship configuration development, systems 
engineering, naval architecture, marine engineering, operations 
research analysis, industry studies, preliminary design, develop-
ment of the Detailed Design and Construction Request for Proposals 
solicitation package, or related activities for the AS(X) Submarine 
Tender, 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 contracts include specifica-
tions 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 decommissioning 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: Pro-
vided, That such funds shall only be available to the Secretary 
of Defense, acting through the Office of Economic 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 commu-
nity must enter into an agreement with the Secretary under which 
the community 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 improve-
ment program established under subchapter I of chapter 471 and 
subchapter 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 military aircraft are sta-
tioned or are located in an area impacted 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 Administration noise modeling programs. 
SEC. 8137. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended for the lease 
of an icebreaking vessel unless such obligation 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
H. R. 133—156 
full and open competitive 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 divestiture of the RQ–4 Global 
Hawk Block 30 and Block 40 aircraft: Provided, That the Secretary 
of the Air Force is prohibited from deactivating the corresponding 
squadrons responsible 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 designated by the 
Congress for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, Navy’’, 
$382,286,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Ter-
rorism 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 Operations/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 Operations/Global War on Ter-
rorism 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 designated by the 
Congress for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.
H. R. 133—157 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, Navy’’, 
$11,771,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Ter-
rorism 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, Marine 
Corps’’, $2,048,000: 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. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, Air Force’’, 
$16,816,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Personnel, 
Army’’, $195,314,000: 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 PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Personnel, Air 
Force’’, $5,800,000: 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. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Maintenance, 
Army’’, $17,497,254,000: 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. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Maintenance, 
Navy’’, $11,568,363,000: 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.
H. R. 133—158 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Maintenance, 
Marine Corps’’, $1,108,667,000: Provided, That such amount is des-
ignated 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. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force’’, $18,432,020,000: Provided, That such amount is des-
ignated 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. 
OPERATION AND MAINTENANCE, SPACE FORCE 
For an additional amount for ‘‘Operation and Maintenance, 
Space Force’’, $77,115,000: Provided, That such amount is des-
ignated 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. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, $6,041,898,000: Provided, That such amount is des-
ignated 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. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Army Reserve’’, $33,399,000: Provided, That such amount is des-
ignated 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. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Navy Reserve’’, $21,492,000: Provided, That such amount is des-
ignated 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. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Marine Corps Reserve’’, $8,707,000: 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.
H. R. 133—159 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force Reserve’’, $30,090,000: 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. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Army National Guard’’, $79,792,000: 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. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Air National Guard’’, $175,642,000: 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. 
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 Commander, Combined Security Transition Com-
mand—Afghanistan, or the Secretary’s designee, to provide assist-
ance, with the concurrence of the Secretary of State, to the security 
forces of Afghanistan, including the provision of equipment, sup-
plies, services, training, facility and infrastructure repair, renova-
tion, construction, and funding: Provided further, That the Secretary 
of Defense may obligate and expend funds made available to the 
Department of Defense in this title for additional costs associated 
with existing projects previously funded with amounts provided 
under the heading ‘‘Afghanistan Infrastructure Fund’’ in prior Acts: 
Provided further, That such costs shall be limited to contract 
changes resulting from inflation, market fluctuation, rate adjust-
ments, and other necessary contract actions to complete existing 
projects, and associated supervision 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 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 pur-
poses provided herein from any person, foreign government, or 
international organization may be credited to this Fund, to remain 
available until expended, and used for such purposes: Provided 
further, That the Secretary of Defense shall notify the congressional 
defense committees in writing upon the receipt and upon the obliga-
tion of any contribution, delineating the sources and amounts of
H. R. 133—160 
the funds received and the specific use of such contributions: Pro-
vided 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 
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 equipment procured using funds 
provided under this heading in this or prior Acts that was trans-
ferred to the security forces of Afghanistan and returned by such 
forces to the United States: Provided further, That equipment pro-
cured using 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 returned 
by such forces to the United States, may be treated as stocks 
of the Department of Defense upon written notification 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 appro-
priated under this heading and made available for the salaries 
and benefits of personnel 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 government 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 Congress for Over-
seas 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 Sec-
retary of Defense in coordination with the Secretary of State, to 
provide assistance, including training; equipment; logistics support, 
supplies, and services; stipends; infrastructure repair and renova-
tion; construction for facility fortification and humane treatment; 
and sustainment, to foreign security forces, irregular forces, groups, 
or individuals participating, or preparing to participate in activities 
to counter the Islamic State of Iraq and Syria, and their affiliated 
or associated groups: Provided further, That amounts made avail-
able under this heading shall be available to provide assistance 
only for activities 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 congressional defense
H. R. 133—161 
committees of such designation: Provided further, That the Sec-
retary of Defense shall ensure that prior to providing assistance 
to elements of any forces or individuals, such elements or individ-
uals are appropriately vetted, including at a minimum, assessing 
such elements for associations with terrorist groups or groups asso-
ciated 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 Govern-
ment 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 purposes: 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 provi-
sion 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 such provision 
of law would prohibit, restrict, delay or otherwise limit the provision 
of such assistance and a notice of and justification for such waiver 
is submitted to the congressional defense committees, the Commit-
tees on Appropriations and Foreign Relations of the Senate and 
the Committees 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 heading, 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 commit-
tees: Provided further, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees on the 
use of funds provided under this heading, including, 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 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 Con-
trol Act of 1985.
H. R. 133—162 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, Army’’, 
$595,112,000, to remain available until September 30, 2023: Pro-
vided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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: Pro-
vided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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 Weapons 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 pursuant 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 Ammunition, 
Army’’, $103,875,000, 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. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, Army’’, 
$924,823,000, to remain available until September 30, 2023: Pro-
vided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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: Pro-
vided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.
H. R. 133—821 
1, 2021, fourth quarter of 2020 that dem-
onstrate not less than a 25 percent reduction 
from the gross receipts of the entity during 
the fourth quarter of 2019; or 
‘‘(DD) if the entity was not in business 
during 2019, but was in operation on February 
15, 2020, had gross receipts during the second, 
third, or, only with respect to an application 
submitted on or after January 1, 2021, fourth 
quarter of 2020 that demonstrate not less than 
a 25 percent reduction from the gross receipts 
of the entity during the first quarter of 2020; 
‘‘(II) includes a business concern or organiza-
tion made eligible for a loan under paragraph (36) 
under clause (iii)(II), (iv)(IV), or (vii) of subpara-
graph (D) of paragraph (36) and that meets the 
requirements described in items (aa) and (bb) of 
subclause (I); and 
‘‘(III) does not include— 
‘‘(aa) any entity that is a type of business 
concern (or would be, if such entity were a 
business concern) described in section 120.110 
of title 13, Code of Federal Regulations (or 
in any successor regulation or other related 
guidance or rule that may be issued by the 
Administrator) other than a business concern 
described in subsection (a) or (k) of such sec-
tion; or 
‘‘(bb) any business concern or entity pri-
marily engaged in political or lobbying activi-
ties, which shall include any entity that is 
organized for research or for engaging in 
advocacy in areas such as public policy or 
political strategy or otherwise describes itself 
as a think tank in any public documents; 
‘‘(cc) any business concern or entity— 
‘‘(AA) for which an entity created in 
or organized under the laws of the People’s 
Republic of China or the Special Adminis-
trative Region of Hong Kong, or that has 
significant operations in the People’s 
Republic of China or the Special Adminis-
trative Region of Hong Kong, owns or 
holds, directly or indirectly, not less than 
20 percent of the economic interest of the 
business concern or entity, including as 
equity shares or a capital or profit interest 
in a limited liability company or partner-
ship; or 
‘‘(BB) that retains, as a member of 
the board of directors of the business con-
cern, a person who is a resident of the 
People’s Republic of China; 
‘‘(dd) any person required to submit a reg-
istration statement under section 2 of the For-
eign Agents Registration Act of 1938 (22 
U.S.C. 612); or
H. R. 133—822 
‘‘(ee) an eligible person or entity (as 
defined under section 24 of the Economic Aid 
to Hard-Hit Small Businesses, Nonprofits, and 
Venues Act) that receives a grant under such 
section 24; and 
‘‘(v) the term ‘Tribal business concern’ means a 
Tribal business concern described in section 31(b)(2)(C). 
‘‘(B) LOANS.—Except as otherwise provided in this 
paragraph, the Administrator may guarantee covered loans 
to eligible entities under the same terms, conditions, and 
processes as a loan made under paragraph (36). 
‘‘(C) MAXIMUM LOAN AMOUNT.— 
‘‘(i) IN
GENERAL.—Except as otherwise provided 
in this subparagraph, the maximum amount of a cov-
ered loan made to an eligible entity is the lesser of— 
‘‘(I) the product obtained by multiplying— 
‘‘(aa) at the election of the eligible entity, 
the average total monthly payment for payroll 
costs incurred or paid by the eligible entity 
during— 
‘‘(AA) the 1-year period before the 
date on which the loan is made; or 
‘‘(BB) calendar year 2019; by 
‘‘(bb) 2.5; or 
‘‘(II) $2,000,000. 
‘‘(ii) 
SEASONAL
EMPLOYERS.—The 
maximum 
amount of a covered loan made to an eligible entity 
that is a seasonal employer is the lesser of— 
‘‘(I) the product obtained by multiplying— 
‘‘(aa) at the election of the eligible entity, 
the average total monthly payments for pay-
roll costs incurred or paid by the eligible entity 
for any 12-week period between February 15, 
2019 and February 15, 2020; by 
‘‘(bb) 2.5; or 
‘‘(II) $2,000,000. 
‘‘(iii) NEW ENTITIES.—The maximum amount of a 
covered loan made to an eligible entity that did not 
exist during the 1-year period preceding February 15, 
2020 is the lesser of— 
‘‘(I) the product obtained by multiplying— 
‘‘(aa) the quotient obtained by dividing— 
‘‘(AA) the sum of the total monthly 
payments by the eligible entity for payroll 
costs paid or incurred by the eligible entity 
as of the date on which the eligible entity 
applies for the covered loan; by 
‘‘(BB) the number of months in which 
those payroll costs were paid or incurred; 
by 
‘‘(bb) 2.5; or 
‘‘(II) $2,000,000. 
‘‘(iv) NAICS 72 ENTITIES.—The maximum amount 
of a covered loan made to an eligible entity that is 
assigned a North American Industry Classification 
System code beginning with 72 at the time of disbursal 
is the lesser of—
H. R. 133—823 
‘‘(I) the product obtained by multiplying— 
‘‘(aa) at the election of the eligible entity, 
the average total monthly payment for payroll 
costs incurred or paid by the eligible entity 
during— 
‘‘(AA) the 1-year period before the 
date on which the loan is made; or 
‘‘(BB) calendar year 2019; by 
‘‘(bb) 3.5; or 
‘‘(II) $2,000,000. 
‘‘(D) BUSINESS CONCERNS WITH MORE THAN 1 PHYSICAL 
LOCATION.— 
‘‘(i) IN
GENERAL.—For a business concern with 
more than 1 physical location, the business concern 
shall be an eligible entity if the business concern would 
be eligible for a loan under paragraph (36) pursuant 
to clause (iii) of subparagraph (D) of such paragraph, 
as applied in accordance with clause (ii) of this 
subparagraph, and meets the revenue reduction 
requirements described in item (bb) of subparagraph 
(A)(iv)(I). 
‘‘(ii) SIZE LIMIT.—For purposes of applying clause 
(i), the Administrator shall substitute ‘not more than 
300 employees’ for ‘not more than 500 employees’ in 
paragraph (36)(D)(iii). 
‘‘(E) WAIVER OF AFFILIATION RULES.— 
‘‘(i) IN GENERAL.—The waiver described in para-
graph (36)(D)(iv) shall apply for purposes of deter-
mining eligibility under this paragraph. 
‘‘(ii) SIZE LIMIT.—For purposes of applying clause 
(i), the Administrator shall substitute ‘not more than 
300 employees’ for ‘not more than 500 employees’ in 
subclause (I) and (IV) of paragraph (36)(D)(iv). 
‘‘(F) LOAN NUMBER LIMITATION.—An eligible entity may 
only receive 1 covered loan. 
‘‘(G) EXCEPTION FROM CERTAIN CERTIFICATION REQUIRE-
MENTS.—An eligible entity applying for a covered loan shall 
not be required to make the certification described in clause 
(iii) or (iv) of paragraph (36)(G). 
‘‘(H) FEE WAIVER.—With respect to a covered loan— 
‘‘(i) in lieu of the fee otherwise applicable under 
paragraph (23)(A), the Administrator shall collect no 
fee; and 
‘‘(ii) in lieu of the fee otherwise applicable under 
paragraph (18)(A), the Administrator shall collect no 
fee. 
‘‘(I) GROSS RECEIPTS AND SIMPLIFIED CERTIFICATION OF 
REVENUE TEST.— 
‘‘(i) LOANS OF UP TO $150,000.—For a covered loan 
of not more than $150,000, the eligible entity— 
‘‘(I) may submit a certification attesting that 
the eligible entity meets the applicable revenue 
loss 
requirement 
under 
subparagraph 
(A)(iv)(I)(bb); and 
‘‘(II) if the eligible entity submits a certifi-
cation under subclause (I), shall, on or before the 
date on which the eligible entity submits an
H. R. 133—824 
application for forgiveness under subparagraph (J), 
produce adequate documentation that the eligible 
entity met such revenue loss standard. 
‘‘(ii) FOR
NONPROFIT
AND
VETERANS
ORGANIZA-
TIONS.—For purposes of calculating gross receipts 
under subparagraph (A)(iv)(I)(bb) for an eligible entity 
that is a nonprofit organization, a veterans organiza-
tion, or an organization described in subparagraph 
(A)(iv)(II), gross receipts means gross receipts within 
the meaning of section 6033 of the Internal Revenue 
Code of 1986. 
‘‘(J) LOAN FORGIVENESS.— 
‘‘(i) DEFINITION
OF
COVERED
PERIOD.—In this 
subparagraph, the term ‘covered period’ has the 
meaning given that term in section 7A(a). 
‘‘(ii) FORGIVENESS GENERALLY.—Except as other-
wise provided in this subparagraph, an eligible entity 
shall be eligible for forgiveness of indebtedness on a 
covered loan in the same manner as an eligible 
recipient with respect to a loan made under paragraph 
(36) of this section, as described in section 7A. 
‘‘(iii) FORGIVENESS
AMOUNT.—An eligible entity 
shall be eligible for forgiveness of indebtedness on a 
covered loan in an amount equal to the sum of the 
following costs incurred or expenditures made during 
the covered period: 
‘‘(I) Payroll costs, excluding any payroll costs 
that are— 
‘‘(aa) qualified wages, as defined in sub-
section (c)(3) of section 2301 of the CARES 
Act (26 U.S.C. 3111 note), taken into account 
in determining the credit allowed under such 
section; or 
‘‘(bb) qualified wages taken into account 
in determining the credit allowed under sub-
section (a) or (d) of section 303 of the Taxpayer 
Certainty and Disaster Relief Act of 2020. 
‘‘(II) Any payment of interest on any covered 
mortgage obligation (which shall not include any 
prepayment of or payment of principal on a covered 
mortgage obligation). 
‘‘(III) Any covered operations expenditure. 
‘‘(IV) Any covered property damage cost. 
‘‘(V) Any payment on any covered rent obliga-
tion. 
‘‘(VI) Any covered utility payment. 
‘‘(VII) Any covered supplier cost. 
‘‘(VIII) Any covered worker protection expendi-
ture. 
‘‘(iv) LIMITATION ON FORGIVENESS FOR ALL ELIGIBLE 
ENTITIES.—Subject to any reductions under section 
7A(d), the forgiveness amount under this subparagraph 
shall be equal to the lesser of— 
‘‘(I) the amount described in clause (ii); and 
‘‘(II) the amount equal to the quotient obtained 
by dividing—
H. R. 133—839 
(12 U.S.C. 1813)) with consolidated assets of less 
than $10,000,000,000; 
(II) credit unions (as defined in section 
7(a)(36)(A) of the Small Business Act (15 U.S.C. 
636(a)(36)(A))) with consolidated assets of less than 
$10,000,000,000; or 
(III) institutions of the Farm Credit System 
chartered under the Farm Credit Act of 1971 (12 
U.S.C. 2001 et seq.) with consolidated assets of 
less than $10,000,000,000 (not including the Fed-
eral Agricultural Mortgage Corporation); 
(iii) not less than $15,000,000,000 shall be for 
guaranteeing loans under paragraph (36) of section 
7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, that are— 
(I) made to eligible recipients with not more 
than 10 employees; or 
(II) in an amount that is not more than 
$250,000 and made to an eligible recipient that 
is located in a neighborhood that is a low-income 
neighborhood or a moderate-income neighborhood, 
for the purposes of the Community Reinvestment 
Act of 1977 (12 U.S.C. 2901 et seq.); 
(iv) not less than $35,000,000,000 shall be for 
guaranteeing loans under paragraph (36) of section 
7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, to eligible recipients that have 
not previously received a loan under such paragraph 
(36); and 
(v) not less than $25,000,000,000 shall be for 
guaranteeing loans under paragraph (37) of section 
7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
added by this Act, that are— 
(I) made to eligible entities with not more 
than 10 employees; or 
(II) in an amount that is not more than 
$250,000 and made to an eligible entity that is 
located in a neighborhood that is a low-income 
neighborhood or a moderate-income neighborhood, 
for the purposes of the Community Reinvestment 
Act of 1977 (12 U.S.C. 2901 et seq.); 
(B) $25,000,000 under the heading ‘‘Department of 
Commerce—Minority Business Development Agency’’ for 
the Minority Business Development Centers Program, 
including Specialty Centers, for necessary expenses, 
including any cost sharing requirements that may exist, 
for assisting minority business enterprises to prevent, pre-
pare for, and respond to coronavirus, including identifying 
and accessing local, State, and Federal government assist-
ance related to such virus; 
(C) $50,000,000 under the heading ‘‘Small Business 
Administration—Salaries and Expenses’’ for the cost of car-
rying out reviews and audits of loans under subsection 
(l) of section 7A of the Small Business Act, as redesignated, 
transferred, and amended by this Act;
H. R. 133—840 
(D) $20,000,000,000 under the heading ‘‘Small Business 
Administration—Targeted EIDL Advance’’ to carry out sec-
tion 331 of this Act, of which $20,000,000 shall be made 
available to the Inspector General of the Small Business 
Administration to prevent waste, fraud, and abuse with 
respect to funding made available under that section; 
(E) $57,000,000 for the program established under sec-
tion 7(m) of the Small Business Act (15 U.S.C. 636(m)) 
of which— 
(i) $50,000,000 shall be to provide technical assist-
ance grants under such section 7(m) under the heading 
‘‘Small 
Business 
Administration—Entrepreneurial 
Development Programs’’; and 
(ii) $7,000,000 shall be to provide direct loans 
under such section 7(m) under the heading ‘‘Small 
Business Administration—Business Loans Program 
Account’’; 
(F) $1,918,000,000 under the heading ‘‘Small Business 
Administration—Business Loans Program Account’’ for the 
cost of guaranteed loans as authorized by paragraphs (1) 
through (35) of section 7(a) of the Small Business Act 
(15 U.S.C. 636(a)), including the cost of carrying out sec-
tions 326, 327, and 328 of this Act; 
(G) $3,500,000,000 under the heading ‘‘Small Business 
Administration—Business Loans Program Account, CARES 
Act’’ for carrying out section 325 of this Act; and 
(H) $15,000,000,000 under the heading ‘‘Small Busi-
ness Administration—Shuttered Venue Operators’’ to carry 
out section 324 of this Act. 
(2) MODIFICATION OF SET-ASIDES.— 
(A) IN GENERAL.—Notwithstanding paragraph (1)(A), 
if the Administrator makes the determination described 
in subparagraph (B) of this paragraph, the Administrator 
may reduce the amount of any allocation under paragraph 
(1)(A) to be such amount as the Administrator may deter-
mine necessary. 
(B) REQUIREMENTS FOR DETERMINATION.—The deter-
mination described in this subparagraph is a determination 
by the Administrator that— 
(i) is not made earlier than 25 days after the 
date of enactment of this Act; 
(ii) it is not reasonably expected that a type of 
entity described in paragraph (1)(A) will make, or 
receive, as applicable, the minimum amount of loans 
necessary to meet the applicable allocation under para-
graph(1)(A); and 
(iii) it is reasonably expected that the total amount 
of loans guaranteed under paragraph (36) or (37) of 
section 7(a) of the Small Business Act (15 U.S.C. 
636(a)), as amended and added by this Act, will equal 
substantially all of the amount permitted by available 
funds by March 31, 2021. 
(3) APPROPRIATIONS FOR THE OFFICE OF INSPECTOR GEN-
ERAL.— 
(A) IN GENERAL.—Effective on the date of enactment 
of this Act, the remaining unobligated balances of funds