683 
Subtitle D—Counterterrorism 
SEC. 1031. PROHIBITION ON USE OF FUNDS FOR TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO CERTAIN COUNTRIES. 
No amounts authorized to be appropriated or otherwise 
made available for the Department of Defense may be used 
during the period beginning on the date of the enactment 
of this Act and ending on December 31, 2021, to transfer, 
release, or assist in the transfer or release of any individual 
detained in the custody or under the control of the Depart-
ment of Defense at United States Naval Station, Guanta-
namo Bay, Cuba, to the custody or control of any country, 
or any entity within such country, as follows: 
(1) Libya. 
(2) Somalia. 
(3) Syria. 
(4) Yemen. 
Subtitle E—Miscellaneous 
Authorities and Limitations 
SEC. 1041. SUPPORT OF SPECIAL OPERATIONS TO COMBAT 
TERRORISM. 
Section 127e of title 10, United States Code, is amend-
ed— 
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(1) by striking subsection (c) and inserting the 
following new subsection (c): 
‘‘(c) PROCEDURES.— 
‘‘(1) IN GENERAL.—The authority in this section 
shall be exercised in accordance with such procedures 
as the Secretary shall establish for purposes of this 
section. The Secretary shall notify the congressional 
defense committees of any material change to such 
procedures. 
‘‘(2) ELEMENTS.—The procedures required under 
paragraph (1) shall establish, at a minimum, each of 
the following: 
‘‘(A) Policy, strategy, or other guidance for 
the execution of, and constraints within, activi-
ties conducted under this section. 
‘‘(B) The processes through which activities 
conducted under this section are to be developed, 
validated, and coordinated, as appropriate, with 
relevant Federal entities. 
‘‘(C) The processes through which legal re-
views and determinations are made to comply 
with this section and ensure that the exercise of 
authority under this section is consistent with 
the national security of the United States. 
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‘‘(3) NOTICE TO CONGRESS.—The Secretary shall 
provide to the congressional defense committees a no-
tice of the procedures established pursuant to this sec-
tion before any exercise of the authority in this sec-
tion, and shall notify such committees of any mate-
rial change of the procedures.’’; 
(2) in subsection (d)— 
(A) in the subsection heading, by inserting 
‘‘OF INITIATION OF SUPPORT OF AN APPROVED 
MILITARY OPERATION’’ after ‘‘NOTIFICATION’’; 
and 
(B) in paragraph (1), by striking ‘‘15’’ and 
inserting ‘‘30’’; 
(3) by redesignating subsections (e) through (h) 
as subsections (f) through (i), respectively; 
(4) by inserting after subsection (d) the following 
new subsection (e): 
‘‘(e) NOTIFICATION
OF MODIFICATION
OR TERMI-
NATION OF SUPPORT OF AN APPROVED MILITARY OPER-
ATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall provide to the congres-
sional defense committees notice in writing by not 
later that— 
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‘‘(A) 15 days before exercising the authority 
under this section to modify the support of an 
approved military operation; 
‘‘(B) 30 days before exercising the authority 
under this section to terminate the support of an 
approved military operation; or 
‘‘(C) as applicable, 30 days before exercising 
any other authority under which the Secretary 
engages or plans to engage with foreign forces, 
irregular forces, groups, or individuals. 
‘‘(2) EXTRAORDINARY
CIRCUMSTANCES.—If the 
Secretary finds the existence of extraordinary cir-
cumstances affecting the national security of the 
United States, the Secretary shall provide the notice 
required under paragraph (1) not later than 48 hours 
before exercising authority referred to in subpara-
graph (A) or (B) of such paragraph. 
‘‘(3) ELEMENTS.—Notice provided under para-
graph (1) with respect to the modification or termi-
nation of support shall includes each of the following 
elements: 
‘‘(A) A description of the reasons for the 
modification or termination. 
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‘‘(B) A description of the potential effects of 
the modification or termination of support on 
the forces providing the support. 
‘‘(C) A plan for the modification or termi-
nation of the support, including the consider-
ation of the transition of such support from one 
fiscal authority to another. 
‘‘(D) A list of any relevant entities of the 
United States Government that are or will be in-
volved in the modification or termination of such 
support, including any planned transition of 
such support from one Government entity to an-
other.’’; 
(5) in subsection (i)(3), as redesignated by para-
graph (3)— 
(A) by redesignating subparagraphs (G) 
and (H) as subparagraphs (H) and (I), respec-
tively; and 
(B) by inserting after subparagraph (F) the 
following new subparagraph (G): 
‘‘(G) If there is a plan to modify or termi-
nate the support to military operations to com-
bat terrorism in any way, a detailed description 
of the plan, including— 
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‘‘(i) a description of the reasons for the 
modification or termination; 
‘‘(ii) the potential effects of the modi-
fication or termination of support on the 
forces providing the support; 
‘‘(iii) a detailed plan for the modifica-
tion or termination of the support; and 
‘‘(iv) a list of any relevant Government 
entities that are or will be involved in the 
modification or termination of such sup-
port, including any planned transition of 
such support from one Government entity to 
another.’’; and 
(6) by adding at the end the following new sub-
section: 
‘‘(j) MODIFICATION DEFINED.—In this section, the 
term ‘modification’, with respect to support provided for 
an approved military operation, means— 
‘‘(1) an increase or decrease in funding of more 
than $750,000 or change greater than 40 percent of 
the material resources provided; 
‘‘(2) an increase or decrease in the amount or 
type of equipment that significantly alters the use of 
or risk to foreign forces, irregular forces, groups, or 
United States special operations forces; or 
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‘‘(3) a change in the legal or operational au-
thorities.’’. 
SEC. 1042. PROHIBITION ON RETIREMENT OF NUCLEAR 
POWERED 
AIRCRAFT 
CARRIERS 
BEFORE 
FIRST REFUELING. 
Section 8062 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(f) A nuclear powered aircraft carrier may not be re-
tired before its first refueling.’’. 
SEC. 1043. REQUIRED MINIMUM INVENTORY OF TACTICAL 
AIRLIFT AIRCRAFT. 
Section 9062 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(k) The Secretary of the Air Force shall maintain a 
total inventory of tactical airlift aircraft of not less than 
292 aircraft.’’. 
SEC. 1044. MODIFICATION AND TECHNICAL CORRECTION 
TO DEPARTMENT OF DEFENSE AUTHORITY 
TO PROVIDE ASSISTANCE ALONG THE SOUTH-
ERN LAND BORDER OF THE UNITED STATES. 
(a) AUTHORITY.—Subsection (a) of section 1059 of the 
National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114–92; 129 Stat. 986; 10 U.S.C. 271 note 
prec.) is amended to read as follows: 
‘‘(a) AUTHORITY.— 
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‘‘(1) PROVISION OF ASSISTANCE.— 
‘‘(A) IN GENERAL.—The Secretary of De-
fense may provide assistance to United States 
Customs and Border Protection for purposes of 
increasing ongoing efforts to secure the southern 
land border of the United States in accordance 
with the requirements of this section. 
‘‘(B) REQUIREMENTS.—If the Secretary 
provides assistance under subparagraph (A), the 
Secretary shall ensure that— 
‘‘(i) the provision of the assistance will 
not negatively affect military training, op-
erations, readiness, or other military re-
quirements; and 
‘‘(ii) the tasks associated with the sup-
port provided align with the mission or oc-
cupational specialty of any members of the 
Armed Forces, including members of the re-
serve components, or units of the Armed 
Forces, including the reserve components, 
that are deployed. 
‘‘(2) NOTIFICATION
REQUIREMENT.—Not later 
than 5 days after the date on which the Secretary de-
cides to provide assistance under paragraph (1), the 
Secretary shall submit to the Committee on Armed 
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Services of the Senate and the Committee on Armed 
Services and the Committee on Homeland Security of 
the House of Representatives notice of such decision.’’. 
(b) REPORTING REQUIREMENTS.—Subsection (f) of 
such section is amended to read as follows: 
‘‘(f) REPORTS.— 
‘‘(1) REPORT REQUIRED.—Any time assistance 
is provided under subsection (a), not later than 30 
days after the date on which such assistance is first 
provided, and every three months thereafter during 
the period while such assistance is provided, the Sec-
retary of Defense, in coordination with the Secretary 
of Homeland Security, shall submit to the Committee 
on Armed Services and the Committee on Homeland 
Security and Governmental Affairs of the Senate and 
the Committee on Armed Services and the Committee 
on Homeland Security of the House of Representa-
tives a report that includes, for both the period cov-
ered by the report and the total period of the deploy-
ment, each of the following: 
‘‘(A) A description of the assistance pro-
vided. 
‘‘(B) A description of the Armed Forces, in-
cluding the reserve components, deployed as part 
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of such assistance, including an identification 
of— 
‘‘(i) the members of the Armed Forces, 
including members of the reserve compo-
nents, deployed, including specific informa-
tion about unit designation, size of unit, 
and whether any personnel in the unit de-
ployed under section 12302 of title 10, 
United States Code; 
‘‘(ii) the readiness rating for each of 
the units deployed, including specific infor-
mation about any impacts to planned 
training exercises for any such unit; 
‘‘(iii) the projected length of the de-
ployment and any special pay and incen-
tives for which deployed personnel may 
qualify during the deployment; 
‘‘(iv) 
any 
specific 
pre-deployment 
training provided for such members of the 
Armed Forces, including members of the re-
serve components; 
‘‘(v) the specific missions and tasks, by 
location, that are assigned to the members 
of the Armed Forces, including members of 
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the reserve components, who are so de-
ployed; 
‘‘(vi) the life support conditions and 
associated costs; 
‘‘(vii) the locations where units so de-
ployed are conducting their assigned mis-
sion, together with a map showing such lo-
cations; 
‘‘(viii) a description of the rules and 
additional guidance applicable to the de-
ployment, including the standing rules for 
the use of force for deployed personnel and 
the issuance of any weapons and ammuni-
tion; and 
‘‘(ix) the plan to transition the func-
tions performed by the members of the 
Armed Forces, including members of the re-
serve components, to the Department of 
Homeland Security and Customs Border 
Protection. 
‘‘(C) The sources and amounts of funds ex-
pended— 
‘‘(i) during the period covered by the 
report; and 
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‘‘(ii) during the total period for which 
such support has been provided. 
‘‘(D) The amount of funds obligated— 
‘‘(i) during the period covered by the 
report; and 
‘‘(ii) during the total period for which 
such support has been provided. 
‘‘(E) An assessment of the efficacy and cost- 
effectiveness of such assistance in support of the 
objectives and strategy of the Secretary of Home-
land Security to address the challenges on the 
southern land border of the United States and 
recommendations, if any, to enhance the effec-
tiveness of such assistance. 
‘‘(2) FORM OF REPORT.—Each report submitted 
under this subsection shall be submitted in unclassi-
fied form and without any designation relating to 
dissemination control, but may include a classified 
annex.’’. 
(c) CLASSIFICATION.—The Law Revision Counsel is 
directed to place this section in a note following section 284 
of title 10, United States Code. 
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SEC. 1045. BATTLEFIELD AIRBORNE COMMUNICATIONS 
NODE CERTIFICATION REQUIREMENT. 
(a) LIMITATION.—The Secretary of the Air Force may 
take no action that would prevent the Air Force from main-
taining or operating the fleets of EQ-4 aircraft in the con-
figurations and capabilities in effect on the date of the en-
actment of this Act, or in improved configurations and ca-
pabilities, before the date on which each of the three indi-
vidual certifications described in subsection (b) have been 
submitted to the congressional defense committees. 
(b) CERTIFICATIONS REQUIRED.—The certifications 
described in this subsection are the following; 
(1) The written certification of the Chairman of 
the Joint Requirements Oversight Council that the re-
placement capability for the EQ-4 aircraft will— 
(A) be fielded at the same time or before the 
divestment of the EQ-4 aircraft; 
(B) result in equal or greater capability 
available to the commanders of the combatant 
commanders; and 
(C) not result in less airborne capacity or 
on-station time available to the commanders of 
the combatant commands. 
(2) The written certification of the Commander 
of United States Central Command that the replace-
ment capability for the EQ-4 aircraft will not result 
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in less airborne capacity or on-station time available 
for mission taskings that the EQ-4 provides, as of the 
date of the enactment of this Act, in the United States 
Central Command area of responsibility. 
(3) The written certification of the Under Sec-
retary of Defense for Acquisition and Sustainment 
that the validated operating and sustainment costs of 
the capability developed or fielded to replace an 
equivalent capacity the EQ-4 aircraft provides is less 
than the validated operating and sustainment costs 
for the EQ-4 aircraft on a comparable flight-hour cost 
basis. 
(c) CALCULATION OF FLIGHT-HOUR COST BASIS.—For 
purposes of calculating the flight-hour cost basis under sub-
section (b)(3), the Under Secretary shall include all costs 
for— 
(1) Unit level manpower; 
(2) Unit operations; 
(3) maintenance; 
(4) sustaining support; and 
(5) system improvements. 
SEC. 1046. REQUIREMENTS RELATING TO NEWEST GENERA-
TIONS OF PERSONAL PROTECTIVE EQUIP-
MENT. 
(a) REPORTS.— 
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(1) REPORTS REQUIRED.—Not later than Janu-
ary 31, 2021, each Secretary of a military depart-
ment shall submit to the congressional defense com-
mittees a report on the development and fielding of 
the newest generations of personal protective equip-
ment to the Armed Forces under the jurisdiction of 
such Secretary. 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include, for each Armed Force covered by 
such report, the following: 
(A) A description and assessment of the de-
velopment and fielding of the newest generations 
of personal protective equipment and auxiliary 
personal protective equipment to members of 
such Armed Force, including the following: 
(i) The number (aggregated by total 
number and by sex) of members of such 
Armed Force issued the Army Soldiers Pro-
tective System and the Modular Scalable 
Vest Generation II body armor as of Decem-
ber 31, 2020. 
(ii) The number (aggregated by total 
number and by sex) of members of such 
Armed Force issued Marine Corps Plate 
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Carrier Generation III (PC Gen III) body 
armor as of that date. 
(iii) The number (aggregated by total 
number and by sex) of members of such 
Armed Force fitted with legacy personal 
protective equipment as of that date. 
(B) A description and assessment of the 
barriers, if any, to the development and fielding 
of such generations of equipment to such mem-
bers. 
(C) A description and assessment of chal-
lenges in the development and fielding of such 
generations of equipment to such members, in-
cluding cost overruns, contractor delays, and 
other challenges. 
(b) SYSTEM FOR TRACKING DATA ON INJURIES.— 
(1) SYSTEM REQUIRED.— 
(A) IN GENERAL.—The Director of the De-
fense Health Agency (DHA) shall develop and 
maintain a system for tracking data on injuries 
among members of the Armed Forces in and dur-
ing the use of newest generation personal protec-
tive equipment. 
(B) SCOPE
OF
SYSTEM.—The system re-
quired by this subsection may, at the election of 
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the Director, be new for purposes of this sub-
section or within or a modification of an appro-
priate existing system (such as the Defense Occu-
pational And Environmental Health Readiness 
System (DOEHRS)). 
(2) REPORT.—Not later than January 31, 2025, 
the Director shall submit to Congress a report on the 
prevalence among members of the Armed Forces of 
preventable injuries attributable to ill-fitting or mal-
functioning personal protective equipment. 
(c) INCLUSION IN ANNUAL PERIODIC HEALTH ASSESS-
MENTS.—The annual Periodic Health Assessment (PHA) of 
members of the Armed Forces undertaken after the date of 
the enactment of this Act shall include one or more ques-
tions on whether members incurred an injury in connection 
with ill-fitting or malfunctioning personal protective equip-
ment during the period covered by such assessment, includ-
ing the nature of such injury. 
SEC. 1047. PROHIBITION ON USE OF FUNDS FOR RETIRE-
MENT OF A-10 AIRCRAFT. 
(a) PROHIBITION.—Notwithstanding sections 134 and 
135 of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328), except as provided in 
subsection (b), none of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
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year 2021 for the Air Force may be obligated or expended 
to retire, prepare to retire, or place in storage or on backup 
aircraft inventory status any A-10 aircraft. 
(b) EXCEPTION.—The limitation under subsection (a) 
shall not apply to any individual A-10 aircraft that the 
Secretary of the Air Force determines, on a case-by-case 
basis, to be no longer mission capable because of a mishap 
or other damage or because the aircraft is uneconomical to 
repair. 
SEC. 1048. MANDATORY CRITERIA FOR STRATEGIC BASING 
DECISIONS. 
(a) IN GENERAL.—The Secretary of the Air Force shall 
modify Air Force Instruction 10–503 (pertaining to the 
strategic basing process) to ensure that the process for the 
selection of a location in the United States for the strategic 
basing of an aircraft includes the following: 
(1) A comparative analysis of the overall com-
munity support for the mission among the candidate 
locations, as indicated by the formal comments re-
ceived during the public comment period for the envi-
ronmental impact statement relating to the basing de-
cision and, in a case in which the Secretary selects 
a final location with less community support com-
pared to other locations as indicated by such analysis, 
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an explanation of the operational considerations that 
formed the basis for such selection. 
(2) An analysis of joint and all-domain training 
capabilities at each candidate location, separate from 
and in addition to the mission criteria developed for 
the basing action. 
(3) A comparative analysis of the airspace and 
training areas available at each candidate location, 
separate from and in addition to the mission criteria 
developed for the basing action. 
(b) REPORT REQUIRED.—Not later than 14 days after 
the date on which the Secretary of Defense publicly an-
nounces the preferred and reasonable alternative locations 
for the basing of an aircraft as described in subsection (a), 
the Secretary shall submit to the congressional defense com-
mittees a report that includes— 
(1) an assessment of each candidate location that 
was considered as part of the basing process, includ-
ing, with respect to each such location, an analysis of 
each of the factors specified in paragraphs (1) through 
(3) of such subsection; and 
(2) an explanation of how each candidate loca-
tion was scored against such factors, including the 
weight assigned to each factor. 
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SEC. 1049. LIMITATION ON USE OF FUNDS PENDING PUBLIC 
AVAILABILITY OF TOP-LINE NUMBERS OF DE-
PLOYED MEMBERS OF THE ARMED FORCES. 
(a) LIMITATION.—Of the amounts authorized to be ap-
propriated by this Act or otherwise made available for fiscal 
year 2020 for Operation and Maintenance, Defense-wide, 
Office of the Secretary of Defense, for Travel of Persons, 
not more than 75 percent may be obligated or expended 
until the date on which the Secretary of Defense makes pub-
licly available the top-line numbers of deployed members 
of the Armed Forces described in subsection (b). 
(b) TOP-LINE NUMBERS DESCRIBED.— The top-line 
numbers of deployed members of the Armed Forces referred 
to in subsection (a)— 
(1) are the numbers required to be made publicly 
available under section 595 of the John S. McCain 
National Defense Authorization Act for Fiscal Year 
2019 (Public Law 115–232; 10 U.S.C. 122a note); 
(2) shall include all such numbers for fiscal year 
2017 and each subsequent fiscal year; and 
(3) shall include the number of personnel on tem-
porary duty and the number of personnel deployed in 
support of contingency operations. 
(c) SENSITIVE MILITARY OPERATION.—The require-
ment under subsection (a) to make the top-line numbers of 
deployed members of the Armed Forces publicly available 
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is not satisfied if the Secretary, in exercising the waiver 
authority under subsection (b) of section 595 of the John 
S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115–232; 10 U.S.C. 122a note) does 
not submit the notice and reasons for the waiver determina-
tion to Committees of Armed Services of the House of Rep-
resentatives and the Senate as required under paragraph 
(2) of such subsection. 
SEC. 1050. LIMITATION ON PHYSICAL MOVE, INTEGRATION, 
REASSIGNMENT, OR SHIFT IN RESPONSI-
BILITY OF MARINE FORCES NORTHERN COM-
MAND. 
(a) LIMITATION.—The Secretary of Defense may not 
take any action to execute the physical move, integration, 
reassignment, or shift in responsibility of the Marine Forces 
Northern Command before the date that is 60 days after 
the date on which the Secretary submits the report described 
in subsection (b). 
(b) REPORT.—If the Secretary of Defense plans to take 
any action to physically move, integrate, reassign, or shift 
the responsibility of Marine Forces Northern Command, the 
Secretary shall submit to the congressional defense commit-
tees a report on such proposed action that includes each 
of the following: 
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(1) An analysis of how the proposed action 
would be beneficial to military readiness. 
(2) A description of how the proposed action 
would align with the national defense strategy and 
the supporting strategies for each of the military de-
partments. 
(3) A description of the proposed organizational 
structure change associated with the action and how 
will it affect the relationship between Marine Forces 
Northern Command and administrative control re-
sponsibilities, operational control responsibilities, and 
tactical control responsibilities. 
(4) The projected cost associated with the pro-
posed action and any projected long-term cost sav-
ings. 
(5) A detailed description of any requirements 
for new infrastructure or relocation of equipment and 
assets associated with the proposed action. 
(6) A description of how the proposed action 
would facilitate total force integration and Marine 
Corps general officer progression, including with re-
spect to the reserve components. 
(c) WAIVER.—The Secretary may waive the limitation 
under subsection (a) if the Secretary determines such a 
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waiver is necessary by reason of hostilities or the imminent 
threat of hostilities. 
(d) APPLICABILITY.—This section shall apply with re-
spect to any action to execute the physical move, integra-
tion, reassignment, or shift in responsibility of the Marine 
Forces Northern Command that is initiated on or after the 
date of the enactment of this Act. In the case of such an 
action that was initiated but not completed before the date 
of the enactment of this Act, no additional effort may be 
made to complete such action before the date that is 60 days 
after the date on which the Secretary submits the report 
described in subsection (b). 
SEC. 
1051. 
CONDITIONS 
FOR 
PERMANENTLY 
BASING 
UNITED STATES EQUIPMENT OR ADDITIONAL 
FORCES IN HOST COUNTRIES WITH AT-RISK 
VENDORS IN 5G OR 6G NETWORKS. 
(a) IN GENERAL.—Prior to basing a major weapon 
system or additional permanently assigned forces com-
parable to or larger than a battalion, squadron, or naval 
combatant for permanent basing to a host country with at- 
risk 5th generation (5G) or sixth generation (6G) wireless 
network equipment, software, and services, including sup-
ply chain vulnerabilities identified by the Federal Acquisi-
tion Security Council, where United States military per-
sonnel and their families will be directly connected or sub-
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scribers to networks that include such at-risk equipment, 
software, and services in their official duties or in the con-
duct of personal affairs, the Secretary of Defense shall pro-
vide a notification to the congressional defense committees 
that includes a description of— 
(1) steps being taken by the host country to miti-
gate any potential risks to the weapon systems, mili-
tary units, or personnel, and the Department of De-
fense’s assessment of those efforts; 
(2) steps being taken by the United States Gov-
ernment, separately or in collaboration with the host 
country, to mitigate any potential risks to the weapon 
systems, permanently deployed forces, or personnel; 
(3) any defense mutual agreements between the 
host country and the United States intended to allay 
the costs of risk mitigation posed by the at-risk infra-
structure; and 
(4) any other matters the Secretary determines 
to be relevant. 
(b) APPLICABILITY.—The conditions in subsection (a) 
apply to the permanent long-term stationing of equipment 
and permanently assigned forces, and do not apply to short- 
term deployments or rotational presence to military instal-
lations outside the United States in connection with exer-
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707 
cises, dynamic force employment, contingency operations, 
or combat operations. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report that 
contains an assessment of— 
(1) the risk to personnel, equipment, and oper-
ations of the Department of Defense in host countries 
posed by the current or intended use by such countries 
of 5G or 6G telecommunications architecture provided 
by at-risk vendors; and 
(2) measures required to mitigate the risk de-
scribed in paragraph (1), including the merit and 
feasibility of the relocation of certain personnel or 
equipment of the Department to another location 
without the presence of 5G or 6G telecommunications 
architecture provided by at-risk vendors. 
(d) FORM.—The report required by subsection (c) shall 
be submitted in a classified form with an unclassified sum-
mary. 
(e) MAJOR WEAPON SYSTEM DEFINED.—In this sec-
tion, the term ‘‘major weapon system’’ has the meaning 
given that term in section 2379(f) of title 10, United States 
Code. 
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TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Subtitle A—General Provisions 
SEC. 1101. FAMILY AND MEDICAL LEAVE AMENDMENTS. 
(a) IN GENERAL.— 
(1) PAID PARENTAL LEAVE FOR EMPLOYEES OF 
DISTRICT OF COLUMBIA COURTS AND DISTRICT OF CO-
LUMBIA PUBLIC DEFENDER SERVICE.— 
(A) DISTRICT OF COLUMBIA COURTS.—Sec-
tion 11–1726, District of Columbia Official 
Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) In carrying out the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2601 et seq.) with respect to non-
judicial employees of the District of Columbia courts, the 
Joint Committee on Judicial Administration shall, not-
withstanding any provision of such Act, establish a paid 
parental leave program for the leave described in subpara-
graphs (A) and (B) of section 102(a)(1) of such Act (29 
U.S.C. 2612(a)(1)) (relating to leave provided in connection 
with the birth of a child or the placement of a child for 
adoption or foster care). In developing the terms and condi-
tions for this program, the Joint Committee may be guided 
by the terms and conditions applicable to the provision of 
paid parental leave for employees of the Federal Govern-
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ment under chapter 63 of title 5, United States Code, and 
any corresponding regulations.’’. 
(B) DISTRICT
OF
COLUMBIA
PUBLIC
DE-
FENDER SERVICE.—Section 305 of the District of 
Columbia Court Reform and Criminal Procedure 
Act of 1970 (sec. 2–1605, D.C. Official Code) is 
amended by adding at the end the following new 
subsection: 
‘‘(d) In carrying out the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2601 et seq.) with respect to employ-
ees of the Service, the Director shall, notwithstanding any 
provision of such Act, establish a paid parental leave pro-
gram for the leave described in subparagraphs (A) and (B) 
of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) (re-
lating to leave provided in connection with the birth of a 
child or the placement of a child for adoption or foster care). 
In developing the terms and conditions for this program, 
the Director may be guided by the terms and conditions 
applicable to the provision of paid parental leave for em-
ployees of the Federal Government under chapter 63 of title 
5, United States Code, and any corresponding regula-
tions.’’. 
(2) CLARIFICATION OF USE OF OTHER LEAVE IN 
ADDITION
TO
WEEKS
AS
FAMILY
AND
MEDICAL 
LEAVE.— 
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(A) TITLE 5.—Section 6382(a) of title 5, 
United States Code, as amended by section 7602 
of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116–92), is 
amended— 
(i) in paragraph (1), in the matter 
preceding subparagraph (A), by inserting 
‘‘(or, in the case of leave that includes leave 
under subparagraph (A) or (B) of this 
paragraph, 12 administrative workweeks of 
leave plus any additional period of leave 
used under subsection (d)(2)(B)(ii))’’ after 
‘‘12 administrative workweeks of leave’’; 
and 
(ii) in paragraph (4), by inserting 
‘‘(or 26 administrative workweeks of leave 
plus any additional period of leave used 
under subsection (d)(2)(B)(ii))’’ after ‘‘26 
administrative workweeks of leave’’. 
(B) CONGRESSIONAL EMPLOYEES.—Section 
202(a)(1) of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1312(a)(1)), as amended 
by section 7603 of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 
116–92), is amended— 
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(i) in the second sentence, by inserting 
‘‘and in the case of leave that includes leave 
for such an event, the period of leave to 
which a covered employee is entitled under 
section 102(a)(1) of such Act shall be 12 ad-
ministrative workweeks of leave plus any 
additional period of leave used under sub-
section (d)(2)(B) of this section’’ before the 
period; and 
(ii) by striking the third sentence and 
inserting the following: ‘‘For purposes of 
applying section 102(a)(4) of such Act, in 
the case of leave that includes leave under 
subparagraph 
(A) 
or 
(B) 
of 
section 
102(a)(1) of such Act, a covered employee is 
entitled, under paragraphs (1) and (3) of 
section 102(a) of such Act, to a combined 
total of 26 workweeks of leave plus any ad-
ditional period of leave used under sub-
section (d)(2)(B) of this section.’’. 
(C) OTHER
EMPLOYEES
COVERED
UNDER 
THE FAMILY AND MEDICAL LEAVE ACT OF 1993.— 
Section 102(a) of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2611(a)) is amended by 
adding at the end the following: 
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‘‘(6) SPECIAL RULES ON PERIOD OF LEAVE.— 
With respect to an employee of the Government Ac-
countability Office and an employee of the Library of 
Congress— 
‘‘(A) in the case of leave that includes leave 
under subparagraph (A) or (B) of paragraph 
(1), the employee shall be entitled to 12 adminis-
trative workweeks of leave plus any additional 
period 
of 
leave 
used 
under 
subsection 
(d)(3)(B)(ii) 
of 
this 
section 
or 
section 
202(d)(2)(B) of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as the case 
may be; and 
‘‘(B) for purposes of paragraph (4), the em-
ployee is entitled, under paragraphs (1) and (3), 
to a combined total of 26 workweeks of leave 
plus, if applicable, any additional period of 
leave used under subsection (d)(3)(B)(ii) of this 
section or section 202(d)(2)(B) of the Congres-
sional Accountability Act of 1995 (2 U.S.C. 
1312(d)(2)(B)), as the case may be.’’. 
(3) APPLICABILITY.—The amendments made by 
this subsection shall not be effective with respect to 
any birth or placement occurring before October 1, 
2020. 
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(b) PAID PARENTAL LEAVE FOR PRESIDENTIAL EM-
PLOYEES.— 
(1) AMENDMENTS TO CHAPTER 5 OF TITLE 3, 
UNITED STATES CODE.—Section 412 of title 3, United 
States Code, is amended— 
(A) in subsection (a)(1), by adding at the 
end the following: ‘‘In applying section 102 of 
such Act with respect to leave for an event de-
scribed in subsection (a)(1)(A) or (B) of such sec-
tion to covered employees, subsection (c) of this 
section shall apply and in the case of leave that 
includes leave for such an event, the period of 
leave to which a covered employee is entitled 
under section 102(a)(1) of such Act shall be 12 
administrative workweeks of leave plus any ad-
ditional period of leave used under subsection 
(c)(2)(B) of this section. For purposes of apply-
ing section 102(a)(4) of such Act, in the case of 
leave that includes leave under subparagraph (A) 
or (B) of section 102(a)(1) of such Act, a covered 
employee is entitled, under paragraphs (1) and 
(3) of section 102(a) of such Act, to a combined 
total of 26 workweeks of leave plus any addi-
tional period of leave used under subsection 
(c)(2)(B) of this section.’’; 
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(B) by redesignating subsections (c) and (d) 
as subsections (d) and (e), respectively; 
(C) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) SPECIAL RULE FOR PAID PARENTAL LEAVE.— 
‘‘(1) SUBSTITUTION OF PAID LEAVE.—A covered 
employee may elect to substitute for any leave without 
pay under subparagraph (A) or (B) of section 
102(a)(1) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2612(a)(1)) any paid leave which is 
available to such employee for that purpose. 
‘‘(2) AMOUNT OF PAID LEAVE.—The paid leave 
that is available to a covered employee for purposes 
of paragraph (1) is— 
‘‘(A) the number of weeks of paid parental 
leave in connection with the birth or placement 
involved that corresponds to the number of ad-
ministrative workweeks of paid parental leave 
available 
to 
employees 
under 
section 
6382(d)(2)(B)(i) of title 5, United States Code; 
and 
‘‘(B) during the 12-month period referred to 
in section 102(a)(1) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(a)(1)) and in 
addition to the administrative workweeks de-
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scribed in subparagraph (A), any additional 
paid vacation, personal, family, medical, or sick 
leave provided by the employing office to such 
employee. 
‘‘(3) LIMITATION.—Nothing in this section or 
section 102(d)(2)(A) of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2612(d)(2)(A)) shall be consid-
ered to require or permit an employing office to re-
quire that an employee first use all or any portion of 
the leave described in paragraph (2)(B) before being 
allowed to use the paid parental leave described in 
paragraph (2)(A). 
‘‘(4) ADDITIONAL RULES.—Paid parental leave 
under paragraph (2)(A)— 
‘‘(A) shall be payable from any appropria-
tion or fund available for salaries or expenses for 
positions within the employing office; 
‘‘(B) if not used by the covered employee be-
fore the end of the 12-month period (as referred 
to in section 102(a)(1) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) 
to which it relates, shall not accumulate for any 
subsequent use; and 
‘‘(C) shall apply without regard to the limi-
tations in subparagraph (E), (F), or (G) of sec-
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716 
tion 6382(d)(2) of title 5, United States Code, or 
section 104(c)(2) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2614(c)(2)).’’; and 
(D) in subsection (e)(1), as so redesignated, 
by striking ‘‘subsection (c)’’ and inserting ‘‘sub-
section (d)’’. 
(2) APPLICABILITY.—The amendments made by 
this subsection shall not be effective with respect to 
any birth or placement occurring before October 1, 
2020. 
(c) FAA AND TSA.— 
(1) FAA.— 
(A) IN GENERAL.—Paragraph (3) of section 
102(d) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2612(d)(3)), as added by section 
7604 of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92), is 
amended— 
(i) in the paragraph heading, by in-
serting ‘‘AND FEDERAL AVIATION ADMINIS-
TRATION’’ after ‘‘GAO’’; 
(ii) in subparagraphs (A) and (B), by 
striking ‘‘the Government Accountability 
Office’’ in each instance and inserting ‘‘the 
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717 
Government Accountability Office or the 
Federal Aviation Administration’’; and 
(iii) in subparagraph (D)(i), by strik-
ing ‘‘the Government Accountability Office’’ 
and inserting ‘‘the Government Account-
ability Office or the Federal Aviation Ad-
ministration (as the case may be)’’. 
(B) 
APPLICABILITY.—The 
amendments 
made by subparagraph (A) shall not be effective 
with respect to any birth or placement occurring 
before October 1, 2020. 
(2) CORRECTIONS
FOR
TSA
SCREENERS.—Sec-
tion 7606 of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92) is amend-
ed— 
(A) by striking ‘‘Section 111(d)(2)’’ and in-
serting the following: 
‘‘(a) IN GENERAL.—Section 111(d)(2)’’; and 
(B) by adding at the end the following: 
‘‘(b) EFFECTIVE DATE; APPLICATION.— 
‘‘(1) IN
GENERAL.—The amendment made by 
subsection (a) shall not be effective with respect to 
any event for which leave may be taken under sub-
chapter V of chapter 63 of title 5, United States Code, 
occurring before October 1, 2020. 
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718 
‘‘(2) APPLICATION
TO
SERVICE
REQUIREMENT 
FOR ELIGIBILITY.—For purposes of applying the pe-
riod of service requirement under subparagraph (B) 
of section 6381(1) to an individual appointed under 
section 111(d)(1) of the Aviation and Transportation 
Security Act (49 U.S.C. 44935 note), the amendment 
made by subsection (a) of this section shall apply 
with respect to any period of service by the individual 
under such an appointment, including service before 
the effective date of such amendment.’’. 
(d) TITLE 38 EMPLOYEES.— 
(1) IN
GENERAL.—Section 7425 of title 38, 
United States Code, is amended— 
(A) in subsection (b), by striking ‘‘Notwith-
standing’’ and inserting ‘‘Except as provided in 
subsection (c), and notwithstanding’’; and 
(B) by adding at the end the following: 
‘‘(c) Notwithstanding any other provision of this sub-
chapter, the Administration shall provide to individuals 
appointed to any position described in section 7421(b) who 
are employed by the Administration family and medical 
leave in the same manner, to the maximum extent prac-
ticable, as family and medical leave is provided under sub-
chapter V of chapter 63 of title 5 to employees, as defined 
in section 6381(1) of such title.’’. 
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720 
if the United States magistrate judge were an employee 
(within the meaning of subparagraph (A) of section 6381(1) 
of such title).’’. 
(3) APPLICABILITY.—The amendments made by 
this subsection shall not be effective with respect to 
any birth or placement occurring before October 1, 
2020. 
(f) TECHNICAL CORRECTIONS.— 
(1) Section 7605 of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 116– 
92) is amended by striking ‘‘on active duty’’ each 
place it appears and inserting ‘‘on covered active 
duty’’. 
(2) Subparagraph (E) of section 6382(d)(2) of 
title 5, United States Code, as added by section 7602 
of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92), is amended by strik-
ing ‘‘the requirement to complete’’ and all that follows 
and inserting ‘‘the service requirement under sub-
paragraph (B) of section 6381(1).’’. 
(3) Section 202(d)(2)(B) of the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as 
amended by section 7603 of the National Defense Au-
thorization Act for Fiscal Year 2020 (Public Law 
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721 
116–92), is amended by inserting ‘‘accrued’’ before 
‘‘sick leave’’. 
(g) EFFECTIVE DATE.—The amendments made by this 
section shall take effect as if enacted immediately after the 
enactment of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116–92). 
SEC. 1102. LIMITATION ON AUTHORITY TO EXCLUDE EM-
PLOYEES FROM CHAPTER 71 OF TITLE 5. 
None of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2021 for the 
Department of Defense may be used to carry out the author-
ity provided under section 7103(b) of title 5, United States 
Code, to exclude the Department of Defense or any agency 
or subdivision thereof from coverage under chapter 71 of 
such title. 
SEC. 1103. AUTHORITY TO PROVIDE TRAVEL AND TRANS-
PORTATION ALLOWANCES IN CONNECTION 
WITH TRANSFER CEREMONIES OF DEPART-
MENT OF DEFENSE AND COAST GUARD CIVIL-
IAN EMPLOYEES WHO DIE OVERSEAS. 
(a) TRAVEL AND TRANSPORTATION ALLOWANCES.— 
(1) IN GENERAL.—Subchapter II of chapter 75 of 
title 10, United States Code, is amended by adding 
at the end the following new section: 
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722 
‘‘§ 1492. Authority to provide travel and transpor-
tation allowances in connection with 
transfer ceremonies of department of de-
fense and coast guard civilian employees 
who die overseas 
‘‘The Secretary of the military department concerned, 
the agency head of a Defense Agency or Department of De-
fense Field Activity, or the Secretary of Homeland Security, 
as appropriate, may provide round trip travel and trans-
portation allowances in connection with ceremonies for the 
transfer of a Department of Defense or Coast Guard civilian 
employee who dies while located or serving overseas to eligi-
ble relatives and provide for the accompaniment of such 
persons to the same extent as the Secretary of Defense may 
provide such travel and transportation allowances and ac-
companiment services to such persons with respect to a de-
ceased service member under chapter 8 of title 37.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of such subchapter is amended 
by adding at the end the following new item: 
‘‘1492. Authority to provide travel and transportation allowances in connection 
with transfer ceremonies of department of defense and coast 
guard civilian employees who die overseas.’’. 
(b) TECHNICAL AMENDMENTS.—Section 481f(d) of 
title 37, United States Code, is amended— 
(1) in the subsection heading, by striking 
‘‘TRANSPORTATION TO’’ and inserting ‘‘TRAVEL AND 
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723 
TRANSPORTATION
ALLOWANCES
IN
CONNECTION 
WITH’’; and 
(2) in paragraph (1) in the matter preceding 
subparagraph (A), by striking ‘‘transportation to’’ 
and inserting ‘‘travel and transportation allowances 
in connection with’’. 
SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
ANNUAL LIMITATION ON PREMIUM PAY AND 
AGGREGATE LIMITATION ON PAY FOR FED-
ERAL CIVILIAN EMPLOYEES WORKING OVER-
SEAS. 
Subsection (a) of section 1101 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4615), as most recently 
amended by section 1105 of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92), is fur-
ther amended by striking ‘‘through 2020’’ and inserting 
‘‘through 2021’’. 
SEC. 1105. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR-
ITY TO GRANT ALLOWANCES, BENEFITS, AND 
GRATUITIES TO CIVILIAN PERSONNEL ON OF-
FICIAL DUTY IN A COMBAT ZONE. 
Paragraph (2) of section 1603(a) of the Emergency 
Supplemental Appropriations Act for Defense, the Global 
War on Terror, and Hurricane Recovery, 2006 (Public Law 
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724 
109–234; 120 Stat. 443), as added by section 1102 of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) 
and as most recently amended by section 1104 of the Na-
tional Defense Authorization Act for Fiscal Year 2020 (Pub-
lic Law 116–92), is further amended by striking ‘‘2021’’ 
and inserting ‘‘2022’’. 
SEC. 1106. LIMITING THE NUMBER OF LOCAL WAGE AREAS 
DEFINED WITHIN A PAY LOCALITY. 
(a) LOCAL WAGE AREA LIMITATION.—Section 5343(a) 
of title 5, United States Code, is amended— 
(1) in paragraph (1)(B)(i), by striking ‘‘(but 
such’’ and all that follows through ‘‘are employed)’’; 
(2) in paragraph (4), by striking ‘‘and’’ after the 
semicolon; 
(3) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end of the following: 
‘‘(6) the Office of Personnel Management may 
define not more than 1 local wage area within a pay 
locality, except that this paragraph shall not apply to 
the pay locality designated as ‘Rest of United 
States’.’’. 
(b) PAY LOCALITY DEFINED.—Section 5342(a) of title 
5, United States Code, is amended— 
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(1) in paragraph (2)(C), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) ‘pay locality’ has the meaning given that 
term under section 5302(5).’’. 
(c) REGULATIONS.—The Director of the Office of Per-
sonnel Management shall prescribe any regulations nec-
essary to carry out this section and the amendments made 
by this section, including regulations to ensure that this sec-
tion and the amendments made by this section shall not 
have the effect of reducing any rate of basic pay payable 
to any individual who is serving as a prevailing rate em-
ployee (as defined under section 5342(a)(2) of title 5, 
United States Code). 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to fiscal 
year 2022 and each fiscal year thereafter. 
SEC. 1107. CIVILIAN FACULTY AT THE DEFENSE SECURITY 
COOPERATION UNIVERSITY AND INSTITUTE 
OF SECURITY GOVERNANCE. 
Section 1595(c) of title 10, United States Code, is 
amended by adding at the end the following: 
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‘‘(6) The Defense Security Cooperation Univer-
sity. 
‘‘(7) The Defense Institute for Security Govern-
ance.’’. 
SEC. 1108. EXPANSION OF AUTHORITY FOR APPOINTMENT 
OF RECENTLY-RETIRED MEMBERS OF THE 
ARMED FORCES TO POSITIONS AT CERTAIN 
INDUSTRIAL BASE FACILITIES. 
(a) IN GENERAL.—Subsection (b) of section 3326 of 
title 5, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) the proposed appointment is to a position 
in the competitive service— 
‘‘(A) at any industrial base facility (as that 
term is defined in section 2208(u)(3) of title 10) 
that is part of the core logistics capabilities (as 
described in section 2464(a) of such title); and 
‘‘(B) that has been certified by the Secretary 
concerned as lacking sufficient numbers of quali-
fied applicants.’’. 
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(b) LIMITATION ON DELEGATION OF CERTIFICATION 
AUTHORITY.—Such section 3326 is further amended by 
adding at the end the following: 
‘‘(d) The authority to make a certification described 
in subsection (b)(3) may not be delegated to an individual 
with a grade lower than colonel, or captain in the Navy, 
or an inriviaul with an equivalent civilian grade.’’. 
(c) SENSE OF CONGRESS.—It is the sense of Congress 
that the amendments made by subsections (a) and (b) shall 
supplement, and not provide any exception to, the competi-
tive hiring process for the Federal civil service. 
SEC. 1109. FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE 
DEMONSTRATION PROJECT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Commander, Navy Region 
Mid-Atlantic, shall establish and carry out, for a period of 
not less than 5 years, a Fire Fighters Alternative Work 
Schedule demonstration project for the Navy Region Mid- 
Atlantic Fire and Emergency Services. Such demonstration 
project shall provide, with respect to each Services employee, 
that— 
(1) assignments to tours of duty are scheduled in 
advance over periods of not less than two weeks; 
(2) tours of duty are scheduled using a regularly 
recurring pattern of 48-hour shifts followed by 48 or 
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72 consecutive non-work hours, as determined by mu-
tual agreement between the Navy Region Mid-Atlantic 
and the exclusive employee representative at each 
Navy Region Mid-Atlantic Installation, in such a 
manner that each employee is regularly scheduled for 
144-hours in any two-week period; 
(3) for any such employee that is a fire fighter 
working an alternative work schedule, such employee 
shall earn overtime compensation in a manner con-
sistent with other applicable law and regulation; 
(4) no right shall be established to any form of 
premium pay, including night, Sunday, holiday, or 
hazard duty pay; and 
(5) leave accrual and use shall be consistent with 
other applicable law and regulation. 
(b) REPORT.—Not later than 180 days following the 
end of such demonstration project, the Commander, Navy 
Region Mid-Atlantic, shall submit a report to the Commit-
tees on Armed Services of the House of Representatives and 
the Senate detailing— 
(1) any financial savings or expenses directly 
and inseparably linked to the demonstration project; 
(2) any intangible quality of life and morale im-
provements achieved by the demonstration project; 
and 
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(3) any adverse impact of the demonstration 
project occurring solely as the result of the transition 
to the demonstration project. 
SEC. 1110. SPECIAL RULES FOR CERTAIN MONTHLY WORK-
ERS’ COMPENSATION PAYMENTS AND OTHER 
PAYMENTS FOR FEDERAL GOVERNMENT PER-
SONNEL UNDER CHIEF OF MISSION AUTHOR-
ITY. 
Section 901 of title IX of division J of the Further 
Consolidated Appropriations Act, 2020 (Public Law 116– 
94; 22 U.S.C. 2680b) is amended— 
(1) in subsection (a), by inserting ‘‘or the head 
of any other Federal agency’’ after ‘‘The Secretary of 
State’’; 
(2) in subsection (e)(2)— 
(A) by striking ‘‘the Department of State’’ 
and inserting ‘‘the Federal Government’’; and 
(B) by inserting after ‘‘subsection (f)’’ the 
following: ‘‘, but does not include an individual 
receiving compensation under section 19A of the 
Central Intelligence Agency Act of 1949 (50 
U.S.C. 3519b)’’; and 
(3) in subsection (h)(2), by striking the first sen-
tence and inserting the following: ‘‘Nothing in this 
section shall limit, modify, or otherwise supersede 
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chapter 81 of title 5, United States Code, the Defense 
Base Act (42 U.S.C. 1651 et seq.), or section 19A of 
the Central Intelligence Agency Act of 1949 (50 
U.S.C. 3519b).’’. 
Subtitle B—Elijah E. Cummings 
Federal Employee Antidiscrimi-
nation Act of 2020 
SEC. 1121. SHORT TITLE. 
This subtitle may be cited as the ‘‘Elijah E. Cummings 
Federal Employee Antidiscrimination Act of 2020’’. 
SEC. 1122. SENSE OF CONGRESS. 
Section 102 of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 
2301 note) is amended— 
(1) by striking paragraph (4) and inserting the 
following: 
‘‘(4) accountability in the enforcement of the 
rights of Federal employees is furthered when Federal 
agencies agree to take appropriate disciplinary action 
against Federal employees who are found to have in-
tentionally committed discriminatory (including re-
taliatory) acts;’’; and 
(2) in paragraph (5)(A)— 
(A) by striking ‘‘nor is accountability’’ and 
inserting ‘‘accountability is not’’; and 
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(B) by inserting ‘‘for what, by law, the 
agency is responsible’’ after ‘‘under this Act’’. 
SEC. 1123. NOTIFICATION OF VIOLATION. 
Section 202 of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 
2301 note) is amended by adding at the end the following: 
‘‘(d) NOTIFICATION OF FINAL AGENCY ACTION.— 
‘‘(1) IN GENERAL.—Not later than 90 days after 
the date on which an event described in paragraph 
(2) occurs with respect to a finding of discrimination 
(including retaliation), the head of the Federal agency 
subject to the finding shall provide notice— 
‘‘(A) on the public internet website of the 
agency, in a clear and prominent location linked 
directly from the home page of that website; 
‘‘(B) stating that a finding of discrimina-
tion (including retaliation) has been made; and 
‘‘(C) which shall remain posted for not less 
than 1 year. 
‘‘(2) EVENTS DESCRIBED.—An event described in 
this paragraph is any of the following: 
‘‘(A) All appeals of a final action by a Fed-
eral agency involving a finding of discrimina-
tion (including retaliation) prohibited by a pro-
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vision of law covered by paragraph (1) or (2) of 
section 201(a) have been exhausted. 
‘‘(B) All appeals of a final decision by the 
Equal Employment Opportunity Commission 
involving a finding of discrimination (including 
if the finding included a finding of retaliation) 
prohibited by a provision of law covered by 
paragraph (1) or (2) of section 201(a) have been 
exhausted. 
‘‘(C) A court of jurisdiction issues a final 
judgment involving a finding of discrimination 
(including retaliation) prohibited by a provision 
of law covered by paragraph (1) or (2) of section 
201(a). 
‘‘(3) CONTENTS.—A notification provided under 
paragraph (1) with respect to a finding of discrimi-
nation (including retaliation) shall— 
‘‘(A) identify the date on which the finding 
was made, the date on which each discrimina-
tory act occurred, and the law violated by each 
such discriminatory act; and 
‘‘(B) advise Federal employees of the rights 
and protections available under the provisions of 
law covered by paragraphs (1) and (2) of section 
201(a).’’. 
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SEC. 1124. REPORTING REQUIREMENTS. 
(a) ELECTRONIC FORMAT REQUIREMENT.— 
(1) IN GENERAL.—Section 203(a) of the Notifica-
tion and Federal Employee Antidiscrimination and 
Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended in the matter preceding paragraph (1)— 
(A) by inserting ‘‘Homeland Security and’’ 
before ‘‘Governmental Affairs’’; 
(B) by striking ‘‘on Government Reform’’ 
and inserting ‘‘on Oversight and Reform’’; and 
(C) by inserting ‘‘(in an electronic format 
prescribed by the Director of the Office of Per-
sonnel Management),’’ after ‘‘an annual report’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1)(C) shall take effect on the date that is 
1 year after the date of enactment of this Act. 
(3) TRANSITION PERIOD.—Notwithstanding the 
requirements of section 203(a) of the Notification and 
Federal Employee Antidiscrimination and Retalia-
tion Act of 2002 (5 U.S.C. 2301 note), the report re-
quired under such section 203(a) may be submitted in 
an electronic format, as prescribed by the Director of 
the Office of Personnel Management, during the pe-
riod beginning on the date of enactment of this Act 
and ending on the effective date in paragraph (2). 
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(b) REPORTING REQUIREMENT FOR DISCIPLINARY AC-
TION.—Section 203 of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended by adding at the end the fol-
lowing: 
‘‘(c) DISCIPLINARY ACTION REPORT.—Not later than 
120 days after the date on which a Federal agency takes 
final action, or a Federal agency receives a final decision 
issued by the Equal Employment Opportunity Commission, 
involving a finding of discrimination (including retalia-
tion) in violation of a provision of law covered by para-
graph (1) or (2) of section 201(a), as applicable, the appli-
cable Federal agency shall submit to the Commission a re-
port stating— 
‘‘(1) whether disciplinary action has been pro-
posed against a Federal employee as a result of the 
violation; and 
‘‘(2) the reasons for any disciplinary action pro-
posed under paragraph (1).’’. 
SEC. 1125. DATA TO BE POSTED BY EMPLOYING FEDERAL 
AGENCIES. 
Section 301(b) of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended— 
(1) in paragraph (9)— 
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(A) in subparagraph (A), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (B)(ii), by striking the 
period at the end and inserting ‘‘, and’’; and 
(C) by adding at the end the following: 
‘‘(C) with respect to each finding described 
in subparagraph (A)— 
‘‘(i) the date of the finding, 
‘‘(ii) the affected Federal agency, 
‘‘(iii) the law violated, and 
‘‘(iv) whether a decision has been made 
regarding disciplinary action as a result of 
the finding.’’; and 
(2) by adding at the end the following: 
‘‘(11) Data regarding each class action com-
plaint filed against the agency alleging discrimina-
tion (including retaliation), including— 
‘‘(A) information regarding the date on 
which each complaint was filed, 
‘‘(B) a general summary of the allegations 
alleged in the complaint, 
‘‘(C) an estimate of the total number of 
plaintiffs joined in the complaint, if known, 
‘‘(D) the current status of the complaint, in-
cluding whether the class has been certified, and 
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‘‘(E) the case numbers for the civil actions 
in which discrimination (including retaliation) 
has been found.’’. 
SEC. 1126. DATA TO BE POSTED BY THE EQUAL EMPLOY-
MENT OPPORTUNITY COMMISSION. 
Section 302(b) of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended by striking ‘‘(10)’’ and in-
serting ‘‘(11)’’. 
SEC. 1127. NOTIFICATION AND FEDERAL EMPLOYEE ANTI-
DISCRIMINATION AND RETALIATION ACT OF 
2002 AMENDMENTS. 
(a) NOTIFICATION REQUIREMENTS.—Title II of the 
Notification and Federal Employee Antidiscrimination and 
Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended 
by adding at the end the following: 
‘‘SEC. 207. COMPLAINT TRACKING. 
‘‘Not later than 1 year after the date of enactment of 
the Elijah E. Cummings Federal Employee Antidiscrimi-
nation Act of 2020, each Federal agency shall establish a 
system to track each complaint of discrimination arising 
under section 2302(b)(1) of title 5, United States Code, and 
adjudicated through the Equal Employment Opportunity 
process from the filing of a complaint with the Federal 
agency to resolution of the complaint, including whether a 
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decision has been made regarding disciplinary action as the 
result of a finding of discrimination. 
‘‘SEC. 208. NOTATION IN PERSONNEL RECORD. 
‘‘If a Federal agency takes an adverse action covered 
under section 7512 of title 5, United States Code, against 
a Federal employee for an act of discrimination (including 
retaliation) prohibited by a provision of law covered by 
paragraph (1) or (2) of section 201(a), the agency shall, 
after all appeals relating to that action have been exhausted, 
include a notation of the adverse action and the reason for 
the action in the personnel record of the employee.’’. 
(b) PROCESSING AND REFERRAL.—The Notification 
and Federal Employee Antidiscrimination and Retaliation 
Act of 2002 (5 U.S.C. 2301 note) is amended by adding 
at the end the following: 
‘‘TITLE IV—PROCESSING AND 
REFERRAL 
‘‘SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS. 
‘‘Each Federal agency shall— 
‘‘(1) be responsible for the fair and impartial 
processing and resolution of complaints of employ-
ment discrimination (including retaliation) prohib-
ited by a provision of law covered by paragraph (1) 
or (2) of section 201(a); and 
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‘‘(2) establish a model Equal Employment Op-
portunity Program that— 
‘‘(A) is not under the control, either struc-
turally or practically, of the agency’s Office of 
Human Capital or Office of the General Counsel 
(or the equivalent); 
‘‘(B) is devoid of internal conflicts of inter-
est and ensures fairness and inclusiveness within 
the agency; and 
‘‘(C) ensures the efficient and fair resolution 
of complaints alleging discrimination (including 
retaliation). 
‘‘SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL. 
‘‘Nothing in this title shall prevent a Federal agency 
or a subcomponent of a Federal agency, or the Department 
of Justice, from providing advice or counsel to employees 
of that agency (or subcomponent, as applicable) in the reso-
lution of a complaint. 
‘‘SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF 
AGENCY. 
‘‘The head of each Federal agency’s Equal Employ-
ment Opportunity Program shall report directly to the head 
of the agency. 
‘‘SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION. 
‘‘(a) EEOC FINDINGS OF DISCRIMINATION.— 
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‘‘(1) IN GENERAL.—Not later than 30 days after 
the date on which the Equal Employment Oppor-
tunity Commission (referred to in this section as the 
‘Commission’) receives, or should have received, a 
Federal agency report required under section 203(c), 
the Commission may refer the matter to which the re-
port relates to the Office of Special Counsel if the 
Commission determines that the Federal agency did 
not take appropriate action with respect to the find-
ing that is the subject of the report. 
‘‘(2) NOTIFICATIONS.—The Commission shall— 
‘‘(A) notify the applicable Federal agency if 
the Commission refers a matter to the Office of 
Special Counsel under paragraph (1); and 
‘‘(B) with respect to a fiscal year, include 
in the Annual Report of the Federal Workforce 
of the Commission covering that fiscal year— 
‘‘(i) the number of referrals made 
under paragraph (1) during that fiscal 
year; and 
‘‘(ii) a brief summary of each referral 
described in clause (i). 
‘‘(b) REFERRALS TO SPECIAL COUNSEL.—The Office 
of Special Counsel shall accept and review a referral from 
the Commission under subsection (a)(1) for purposes of pur-
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suing disciplinary action under the authority of the Office 
against a Federal employee who commits an act of dis-
crimination (including retaliation). 
‘‘(c) NOTIFICATION.—The Office of Special Counsel 
shall notify the Commission and the applicable Federal 
agency in a case in which— 
‘‘(1) the Office of Special Counsel pursues dis-
ciplinary action under subsection (b); and 
‘‘(2) the Federal agency imposes some form of 
disciplinary action against a Federal employee who 
commits an act of discrimination (including retalia-
tion). 
‘‘(d) SPECIAL COUNSEL APPROVAL.—A Federal agen-
cy may not take disciplinary action against a Federal em-
ployee for an alleged act of discrimination (including retal-
iation) referred by the Commission under this section, ex-
cept in accordance with the requirements of section 1214(f) 
of title 5, United States Code.’’. 
(c) CONFORMING AMENDMENTS.—The table of contents 
in section 1(b) of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 
2301 note) is amended— 
(1) by inserting after the item relating to section 
206 the following: 
‘‘Sec. 207. Complaint tracking. 
‘‘Sec. 208. Notation in personnel record.’’; and 
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(2) by adding at the end the following: 
‘‘TITLE IV—PROCESSING AND REFERRAL 
‘‘Sec. 401. Processing and resolution of complaints. 
‘‘Sec. 402. No limitation on advice or counsel. 
‘‘Sec. 403. Head of Program supervised by head of agency. 
‘‘Sec. 404. Referrals of findings of discrimination.’’. 
SEC. 1128. NONDISCLOSURE AGREEMENT LIMITATION. 
Section 2302(b)(13) of title 5, United States Code, is 
amended— 
(1) by striking ‘‘agreement does not’’ and insert-
ing the following: ‘‘agreement— 
‘‘(A) does not’’; 
(2) in subparagraph (A), as so designated, by in-
serting ‘‘or the Office of Special Counsel’’ after ‘‘In-
spector General’’; and 
(3) by adding at the end the following: 
‘‘(B) prohibits or restricts an employee or 
applicant for employment from disclosing to 
Congress, the Special Counsel, the Inspector Gen-
eral of an agency, or any other agency compo-
nent responsible for internal investigation or re-
view any information that relates to any viola-
tion of any law, rule, or regulation, or mis-
management, a gross waste of funds, an abuse of 
authority, or a substantial and specific danger 
to public health or safety, or any other whistle-
blower protection; or’’. 
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TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS 
Subtitle A—Assistance and 
Training 
SEC. 1201. MODIFICATION AND EXTENSION OF SUPPORT OF 
SPECIAL OPERATIONS FOR IRREGULAR WAR-
FARE. 
(a) AUTHORITY.—Subsection (a) of section 1202 of the 
National Defense Authorization Act for Fiscal Year 2018 
(Public Law 115–91; 131 Stat. 1639) is amended— 
(1) by striking ‘‘$10,000,000’’ and inserting 
‘‘$15,000,000’’; and 
(2) by striking ‘‘2023’’ and inserting ‘‘2025’’. 
(b) NOTIFICATION.—Subsection (d)(2) of such section 
is amended— 
(1) by redesignating subparagraph (E) as sub-
paragraph (G); 
(2) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) A description of steps taken to ensure 
the support is consistent with other United 
States diplomatic and security interests, includ-
ing issues related to local political dynamics, 
civil-military relations, and human rights. 
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‘‘(F) A description of steps taken to ensure 
that the recipients of the support have not and 
will not engage in human rights violations or 
violations of the Geneva Conventions of 1949, in-
cluding vetting, training, and support for ade-
quately investigating allegations of violations 
and removing support in case of credible reports 
of violations.’’; and 
(3) in clause (i) of subparagraph (G), as redesig-
nated, to read as follows: 
‘‘(i) An introduction of United States 
Armed Forces (including as such term is de-
fined in section 8(c) of the War Powers Res-
olution (50 U.S.C. 1547(c))) into hostilities, 
or into situations where hostilities are clear-
ly indicated by the circumstances, without 
specific statutory authorization within the 
meaning of section 5(b) of such Resolution 
(50 U.S.C. 1544(b)).’’. 
(c) CONSTRUCTION OF AUTHORITY.—Subsection (f)(2) 
of such section is amended by striking ‘‘of section 5(b)’’. 
(d) CLARIFICATION.—Such section, as so amended, is 
further amended— 
(1) by redesignating subsections (g), (h), and (i) 
as subsections (h), (i), and (j), respectively; and 
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(2) by inserting after subsection (f) the following: 
‘‘(g) CLARIFICATION.—The provision of support to for-
eign forces, irregular forces, groups, or individuals pursu-
ant to subsection (a) constitutes support to a unit of a for-
eign security force for purposes of section 362 of title 10, 
United States Code.’’. 
SEC. 1202. DEPARTMENT OF DEFENSE PARTICIPATION IN 
EUROPEAN PROGRAM ON MULTILATERAL EX-
CHANGE 
OF 
SURFACE 
TRANSPORTATION 
SERVICES. 
(a) IN GENERAL.—Subchapter II of chapter 138 of 
title 10, United States Code, is amended by adding at the 
end the following: 
‘‘§ 2350o. Participation in European Program on Mul-
tilateral Exchange of Surface Transpor-
tation Services 
‘‘(a) PARTICIPATION
AUTHORIZED.—(1) The Sec-
retary of Defense may, with the concurrence of the Secretary 
of State, authorize the participation of the United States 
in the Surface Exchange of Services program (in this sec-
tion referred to as the ‘SEOS program’) of the Movement 
Coordination Centre Europe. 
‘‘(2) Participation in the SEOS program under para-
graph (1) may include— 
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‘‘(A) the reciprocal exchange or transfer of sur-
face transportation on a reimbursable basis or by re-
placement-in-kind; or 
‘‘(B) the exchange of surface transportation serv-
ices of equal value. 
‘‘(b) WRITTEN ARRANGEMENTS OR AGREEMENTS.—(1) 
The participation of the United States in the SEOS pro-
gram under subsection (a) shall be in accordance with a 
written arrangement or agreement entered into by the Sec-
retary of Defense, with the concurrence of the Secretary of 
State, and the Movement Coordination Centre Europe. 
‘‘(2) If facilities, equipment, or funds of the Depart-
ment of Defense are used to support the SEOS program, 
the written arrangement or agreement entered into under 
paragraph (1) shall specify the details of any equitable cost 
sharing or other funding arrangement. 
‘‘(3) Any written arrangement or agreement entered 
into under paragraph (1) shall require that any accrued 
credits and liabilities resulting from an unequal exchange 
or transfer of surface transportation services shall be liq-
uidated, not less than once every five years, through the 
SEOS program. 
‘‘(c) IMPLEMENTATION.—In carrying out any arrange-
ment or agreement entered into under subsection (b)(1), the 
Secretary of Defense may— 
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‘‘(1) from funds available to the Department of 
Defense for operation and maintenance, pay the equi-
table share of the United States for the operating ex-
penses of the Movement Coordination Centre Europe 
and the SEOS program; and 
‘‘(2) assign members of the armed forces or civil-
ian personnel of the Department of Defense, from 
among members and personnel within billets author-
ized for the United States European Command, to 
duty at the Movement Coordination Centre Europe as 
necessary to fulfill the obligations of the United States 
under that arrangement or agreement. 
‘‘(d) CREDITING OF RECEIPTS.—Any amount received 
by the United States as part of the SEOS program shall 
be credited, at the option of the Secretary of Defense, to— 
‘‘(1) the appropriation, fund, or account used in 
incurring the obligation for which such amount is re-
ceived; or 
‘‘(2) an appropriate appropriation, fund, or ac-
count currently available for the purposes for which 
the expenditures were made. 
‘‘(e) EXPIRATION.—The authority provided by this sec-
tion to participate in the SEOS program shall expire five 
years after the date on which the Secretary of Defense first 
enters into a written arrangement or agreement under sub-
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section (b). The Secretary shall publish notice of such date 
on a public website of the Department of Defense. 
‘‘(f) LIMITATION
ON STATUTORY CONSTRUCTION.— 
Nothing in this section may be construed to authorize the 
use of foreign sealift in violation of section 2631 of this 
title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by adding at 
the end the following new item: 
‘‘2350o. Participation in European program on multilateral exchange of surface 
transportation services.’’. 
SEC. 1203. EXTENSION OF AUTHORITY TO TRANSFER EX-
CESS 
HIGH 
MOBILITY 
MULTIPURPOSE 
WHEELED 
VEHICLES 
TO 
FOREIGN 
COUN-
TRIES. 
Section 1276 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 
1699) is amended— 
(1) in subsection (b)(2)— 
(A) in subparagraph(A), by adding at the 
end the following: ‘‘Such description may in-
clude, if applicable, a description of the priority 
United States security or defense cooperation in-
terest with the recipient country that is fulfilled 
by the waiver.’’; and 
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(B) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) An explanation of why it is in the na-
tional interests of the United States to make the 
transfer notwithstanding the requirements of 
subsection (a)(1).’’; and 
(2) in subsection (c)(2), by striking ‘‘three’’ and 
inserting ‘‘five’’. 
SEC. 1204. MODIFICATION AND EXTENSION OF UPDATE OF 
DEPARTMENT OF DEFENSE FREEDOM OF 
NAVIGATION REPORT. 
(a) IN GENERAL.—Subsection (a) of section 1275 of 
the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 130 Stat. 2540) is amended— 
(1) by striking ‘‘an annual basis’’ and inserting 
‘‘a biannual basis’’; and 
(2) by striking ‘‘the previous year’’ and inserting 
‘‘the previous 6 months’’. 
(b) ELEMENTS.—Subsection (b) of such section is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘the year’’ and inserting ‘‘the period’’; 
(2) in paragraph (1), by inserting ‘‘the number 
of maritime and overflight challenges to each such 
claim and’’ before ‘‘the country’’; 
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(3) in paragraph (5), by inserting ‘‘have been 
protested by the United States but’’ before ‘‘have not 
been challenged’’; and 
(4) by adding at the end the following: 
‘‘(6) A summary of each excessive maritime 
claim challenged jointly with international partners 
and allies.’’. 
(c) FORM.—Subsection (c) of such section is amended 
by adding at the end before the period the following: ‘‘and 
made publicly available’’. 
(d) SUNSET.—Subsection (d) of such section is amend-
ed by striking ‘‘December 31, 2021’’ and inserting ‘‘Decem-
ber 31, 2025’’. 
(e) CONFORMING AMENDMENT.—The heading of such 
section is amended by striking ‘‘ANNUAL’’ and inserting 
‘‘BIANNUAL’’. 
SEC. 1205. EXTENSION OF REPORT ON WORKFORCE DEVEL-
OPMENT. 
Section 1250(b)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2529) is amended by striking ‘‘through 2021’’ and in-
serting ‘‘through 2026’’. 
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Subtitle B—Matters Relating to 
Afghanistan and Pakistan 
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY 
FOR REIMBURSEMENT OF CERTAIN COALI-
TION NATIONS FOR SUPPORT PROVIDED TO 
UNITED STATES MILITARY OPERATIONS. 
(a) EXTENSION.—Subsection (a) of section 1233 of the 
National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 393) is amended by strik-
ing ‘‘October 1, 2019, and ending on December 31, 2020’’ 
and inserting ‘‘October 1, 2020, and ending on December 
31, 2021’’. 
(b) MODIFICATION TO LIMITATION.—Subsection (d)(1) 
of such section is amended— 
(1) by striking ‘‘October 1, 2019, and ending on 
December 31, 2020’’ and inserting ‘‘October 1, 2020, 
and ending on December 31, 2021’’; and 
(2) by striking ‘‘$450,000,000’’ and inserting 
‘‘$180,000,000’’. 
SEC. 1212. EXTENSION OF THE AFGHAN SPECIAL IMMI-
GRANT VISA PROGRAM. 
(a) IN GENERAL.—Section 602(b)(3)(F) of the Afghan 
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is 
amended— 
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(1) in the heading, by striking ‘‘2020’’ and insert-
ing ‘‘2021’’; 
(2) in clause (i), by striking ‘‘December 31, 
2021’’ and inserting ‘‘December 31, 2022’’; and 
(3) in clause (ii), the striking ‘‘December 31, 
2021’’ inserting ‘‘December 31, 2022’’. 
(b) REPORT EXTENSION.—Section 602(b)(13) of such 
Act (8 U.S.C. 1101 note) is amended by striking ‘‘January 
31, 2021’’ and inserting ‘‘January 31, 2023’’. 
SEC. 1213. LIMITATION ON USE OF FUNDS TO REDUCE DE-
PLOYMENT TO AFGHANISTAN. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) it is in the national security interests of the 
United States to deny terrorists safe haven in Afghan-
istan, protect the United States homeland, uphold the 
United States partnership with the Government of Af-
ghanistan and cooperation with the Afghan National 
Defense and Security Forces, and protect the hard- 
fought rights of women, girls, and other vulnerable 
populations in Afghanistan; 
(2) a rapid military drawdown and a lack of 
United States commitment to the security and sta-
bility of Afghanistan would undermine diplomatic ef-
forts for peace; 
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(3) the current agreement between the United 
States and the Taliban does not provide for the ap-
propriate protections for vulnerable populations, does 
not create conditions for the rejection of violence and 
prevention of terrorist safe havens, and does not rep-
resent a realistic diplomatic solution, based on 
verifiable facts and conditions on the ground, that 
provides for long-term stability; and 
(4) the Administration has a constitutional obli-
gation to provide Congress with timely and com-
prehensive information on the status of security oper-
ations and diplomatic efforts in a form that can be 
transparently communicated to the American people. 
(b) LIMITATION.—Until the date on which the Sec-
retary of Defense, in concurrence with each covered official, 
submits the report described in subsection (c) to the appro-
priate congressional committees, none of the amounts au-
thorized to be appropriated for fiscal year 2020 or 2021 
for the Department of Defense may be obligated or expended 
for any activity having either of the following effects: 
(1) Reducing the total number of Armed Forces 
deployed to Afghanistan below the lesser of— 
(A) 8,000, or 
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(B) the total number of the Armed Forces 
deployed as of the date of the enactment of this 
Act. 
(2) Reducing the total number of Armed Forces 
deployed to Afghanistan below 4,000. 
(c) REPORT.—The report described in this subsection 
shall include each of the following: 
(1) A certification that the intended withdrawal 
of the United States Armed Forces in Afghanistan— 
(A) will not compromise or otherwise nega-
tively affect the ongoing United States counter-
terrorism mission against the Islamic State, al- 
Qaeda, and associated forces; 
(B) will not unduly increase the risk to 
United States personnel in Afghanistan; 
(C) will not increase the risk for the expan-
sion of existing or formation of new terrorist safe 
havens inside Afghanistan; 
(D) will be undertaken with the consulta-
tion and coordination of allies supporting the 
United States- and North Atlantic Treaty Orga-
nization-led missions; and 
(E) is in the best interest of United States 
national security and in furtherance of United 
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States policy toward Afghanistan for achieving 
an enduring diplomatic solution. 
(2) An analysis of the impact that the intended 
withdrawal of United States Armed Forces from Af-
ghanistan would have on each of the following: 
(A) The threat posed by the Taliban and 
terrorist organizations, including by each cov-
ered terrorist organization, to— 
(i) the United States homeland; 
(ii) United States interests abroad; 
(iii) allied countries of the North At-
lantic Treaty Organization; 
(iv) the Government of Afghanistan; 
and 
(v) regional peace and security. 
(B) The status of the human and civil 
rights (including access to voting, education, jus-
tice, and economic opportunities) of women, 
girls, people with disabilities, religious and eth-
nic minorities, and other vulnerable populations 
in Afghanistan. 
(C) Transparent, credible, and inclusive po-
litical processes in Afghanistan. 
(D) The capacity of the Afghan National 
Defense and Security Forces to effectively— 
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(i) prevent or defend against attacks 
by the Taliban or by terrorist organizations 
(including by each covered terrorist organi-
zation) on civilian populations; 
(ii) prevent the takeover of one or more 
provincial capitals by the Taliban or by as-
sociated organizations; 
(iii) conduct counterterrorism oper-
ations necessary to deny safe harbor to ter-
rorist organizations, including each covered 
terrorist organization; and 
(iv) maintain institutional order and 
discipline. 
(E) The influence of malign state actors on 
the sovereignty of Afghanistan and the strategic 
national security interests of the United States 
in the region. 
(F) Any other matter the Secretary of De-
fense, in concurrence with each covered official, 
determines appropriate. 
(3) An assessment of the manner and extent to 
which— 
(A) state actors have provided any incen-
tives to the Taliban, their affiliates, or other for-
eign terrorist organizations for attacks against 
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United States, coalition, or Afghan security 
forces or civilians in Afghanistan in the last 2 
years, including the details of any attacks be-
lieved to have been connected with such incen-
tives; 
(B) the Taliban has publicly renounced al- 
Qaeda; 
(C) the Taliban has made any efforts to 
break with al-Qaeda since February 29, 2020, 
and a description of these efforts; 
(D) any senior al-Qaeda leaders, including 
Ayman al-Zawahiri, or any leaders of al-Qaeda 
in the Indian Subcontinent, have been present in 
Afghanistan since February 29, 2020, and if so, 
the names of the leaders, the dates they were 
present in Afghanistan, and their other locations 
since February 29, 2020; 
(E) any members of al-Qaeda, al-Qaeda in 
the Indian Subcontinent, al-Qaeda-affiliated 
groups, or any covered terrorist organization 
have, since February 29, 2020— 
(i) fought alongside, trained alongside, 
otherwise operated alongside, or sheltered 
with the Taliban in Afghanistan; 
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(ii) conducted attacks inside Afghani-
stan, and, if so, the dates and locations of 
such attacks; 
(iii) operated training camps or re-
lated facilities inside Afghanistan, and, if 
so, the locations of those camps or facilities; 
(iv) traveled from Afghanistan to Paki-
stan or Iran, or from Pakistan or Iran to 
Afghanistan; 
(v) continued to have ties to any 
Taliban leaders or members located in Paki-
stan; or 
(vi) continued to work with the 
Haqqani Network; 
(F) any of the prisoners released by the 
Government of Afghanistan as a result of the 
February 29, 2020, agreement between the 
United States and Taliban— 
(i) are members of, or have ties to, any 
covered terrorist organizations or any other 
organization designated by the United 
States as a foreign terrorist organization 
pursuant to section 219 of the Immigration 
and Nationality Act (8 U.S.C. 1189) and, 
if so, the names of such former prisoners 
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and the reasons for their detention inside 
Afghanistan; or 
(ii) are suspected of taking part in at-
tacks against American service members or 
civilians or attacks that caused American 
casualties and, if so, the names of the pris-
oners, the date and location of such attacks, 
and the number of American casualties at-
tributed to such attacks; 
(G) any of the prisoners the Taliban has re-
quested for release, but who have not yet been re-
leased as of the date of the enactment of this Act, 
are members of, or have ties to, any covered ter-
rorist organizations or any other organization 
designated by the United States as a foreign ter-
rorist organization pursuant to section 219 of 
the Immigration and Nationality Act (8 U.S.C. 
1189) and, if so, the names of the prisoners and 
the organizations to which they are affiliated; 
and 
(H) senior Taliban leaders, including mem-
bers of the Haqqani Network, who are located in 
Pakistan continue to exercise control over the in-
surgency in Afghanistan. 
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(4) The number of attacks that the Taliban has 
carried out in Afghanistan since February 29, 2020, 
including the location and date of each attack as well 
as casualties related to each attack. 
(d) FORM.—The report described in subsection (c) 
shall be submitted in unclassified form without any des-
ignation relating to dissemination control, but may contain 
a classified annex that is accompanied by an unclassified 
summary of the annex. 
(e) WAIVER.—The Secretary of Defense may waive the 
limitation under subsection (b) if, in consultation with the 
Chairman of the Joint Chiefs of Staff and the Commander 
of United States Forces, Afghanistan, the Secretary— 
(1) determines that the waiver is— 
(A) necessary due to an imminent and ex-
traordinary threat to members of the United 
States Armed Forces in the Afghanistan; or 
(B) vital to the national security interests 
of the United States; and 
(2) submits to the appropriate congressional 
committees a detailed, written justification for such 
waiver, not later than 10 days after the effective date 
of the waiver; and 
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(3) in the case of a determination described in 
paragraph (1)(A), includes in such justification each 
of the following: 
(A) A detailed description of the change in 
threat assessment leading to the determination. 
(B) An explanation for the reasons for 
which existing force protection mechanisms were 
not sufficient to reasonably ensure the safety of 
members of the Armed Forces. 
(C) The steps that have been taken to ensure 
that United States equipment does not fall into 
enemy hands. 
(D) A description of the coordination with 
allied countries of the North Atlantic Treaty Or-
ganization and with other allies and partners 
with respect to the withdrawal. 
(E) A description of the coordination with 
the Department of State to ensure the safety of 
American citizens in Afghanistan in light of and 
subsequent to the withdrawal. 
(f) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
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(A) al-Qaeda and affiliates, including al- 
Qaeda in the Indian Subcontinent. 
(B) The Islamic State and affiliates. 
(C) Tehrik-e Taliban Pakistan. 
(D) The Haqqani Network. 
(E) Islamic Movement of Uzbekistan. 
(F) Eastern Turkistan Islamic Movement. 
(G) Ansralluh. 
(H) Lashkar-e-Tayyiba (including under 
the alias Jamaat-ud-Dawa). 
(I) Jaish-e-Mohammed. 
(J) Harakat ul-Jihad-Islami. 
(K) Harakat ul-Mujahidin. 
(L) Jaysh al-Adl. 
(M) Lashkar-i-Jhangvi. 
(N) Mullah Nasir Group. 
(O) Hafiz Gul Bahadar Group. 
(P) Lashkar-i-Islam. 
(Q) Islamic Jihad Union Group. 
(R) Jamaat-ud-Dawa al Quran. 
(S) Ansarul Islam. 
SEC. 1214. REPORT ON OPERATION FREEDOM SENTINEL. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, and as part of the mate-
rials relating to Operation Freedom Sentinel submitted to 
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Congress by the Secretary of Defense in support of the budg-
et of the President for the following two fiscal years, the 
Secretary shall submit to the Committee on Armed Services 
of the House of Representatives and the Committee on 
Armed Services of the Senate a report on Operation Free-
dom Sentinel. 
(b) MATTERS TO BE INCLUDED.—The report required 
by subsection (a) shall include a list and description of ac-
tivities, exercises, and funding amounts carried out under 
the operation, including— 
(1) specific direct war costs; 
(2) activities that occur in Afghanistan; 
(3) activities that occur outside of Afghanistan, 
including training and costs relating to personnel; 
(4) activities that provide funding to any of the 
services that is part of the operation’s budget request; 
and 
(5) activities related to transportation, logistics, 
and other support. 
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Subtitle C—Matters Relating to 
Syria, Iraq, and Iran 
SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY 
TO PROVIDE ASSISTANCE TO COUNTER THE 
ISLAMIC STATE OF IRAQ AND SYRIA. 
(a) IN GENERAL.—Subsection (a) of section 1236 of 
the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113–291; 128 Stat. 3558) is amended by striking ‘‘De-
cember 31, 2020’’ and inserting ‘‘December 31, 2021’’. 
(b) FUNDING.—Subsection (g) of such section is 
amended— 
(1) by striking ‘‘fiscal year 2020’’ and inserting 
‘‘fiscal year 2021’’; and 
(2) by striking ‘‘$645,000,000’’ and inserting 
‘‘$500,000,000’’. 
(c) WAIVER AUTHORITY; SCOPE.—Subsection (j)(3) of 
such section is amended— 
(1) by striking ‘‘congressional defense commit-
tees’’ each place it appears and inserting ‘‘appro-
priate congressional committees’’; and 
(2) by adding at the end the following: 
‘‘(C) APPROPRIATE
CONGRESSIONAL
COM-
MITTEES DEFINED.—In this paragraph, the term 
‘appropriate congressional committees’ means— 
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‘‘(i) the Committee on Armed Services 
and the Committee on Foreign Affairs of the 
House of Representatives; and 
‘‘(ii) the Committee on Armed Services 
and the Committee on Foreign Relations of 
the Senate.’’. 
(d) ANNUAL REPORT.—Such section is amended by 
adding at the end the following: 
‘‘(o) ANNUAL REPORT.—Not later than 90 days after 
the date of the enactment of this subsection, and annually 
thereafter for two years, the Secretary of Defense shall sub-
mit to the Committee on Armed Services of the House of 
Representatives and the Committee on Armed Services of 
the Senate a report that includes— 
‘‘(1) a detailed description of the weapons and 
equipment purchased using the Counter-ISIS Train 
and Equip Fund in the previous fiscal year; and 
‘‘(2) a detailed description of the incremental 
costs for operations and maintenance for Operation 
Inherent Resolve in the previous fiscal year.’’. 
(e) BUDGET DISPLAY SUBMISSION.— 
(1) IN GENERAL.—The Secretary of Defense shall 
include in the budget materials submitted by the Sec-
retary in support of the budget of the President (as 
submitted to Congress pursuant to section 1105 of 
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title 31, United States Code) for each of fiscal years 
2022 and 2023 a detailed budget display for funds re-
quested for the Department of Defense for such fiscal 
year for Operation Inherent Resolve. 
(2) MATTERS TO BE INCLUDED.—The detailed 
budget display required under paragraph (1) shall in-
clude the following: 
(A) With respect to procurement accounts— 
(i) amounts displayed by account, 
budget activity, line number, line item, and 
line item title; and 
(ii) a description of the requirements 
for each such amount. 
(B) With respect to research, development, 
test, and evaluation accounts— 
(i) amounts displayed by account, 
budget activity, line number, program ele-
ment, and program element title; and 
(ii) a description of the requirements 
for each such amount. 
(C) With respect to operation and mainte-
nance accounts— 
(i) amounts displayed by account title, 
budget activity title, line number, and sub-
activity group title; and 
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(ii) a description of the specific man-
ner in which each such amount would be 
used. 
(D) With respect to military personnel ac-
counts— 
(i) amounts displayed by account, 
budget activity, budget subactivity, and 
budget subactivity title; and 
(ii) a description of the requirements 
for each such amount. 
(E) With respect to each project under mili-
tary construction accounts (including with re-
spect to unspecified minor military construction 
and amounts for planning and design), the coun-
try, location, project title, and project amount 
for each fiscal year. 
SEC. 1222. EXTENSION OF AUTHORITY TO PROVIDE ASSIST-
ANCE TO THE VETTED SYRIAN OPPOSITION. 
(a) IN GENERAL.—Subsection (a) of section 1209 of 
the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113–291; 128 Stat. 3451) is amended by striking ‘‘De-
cember 31, 2020’’ and inserting ‘‘December 31, 2021’’. 
(b) NOTICE BEFORE PROVISION OF ASSISTANCE.— 
Subsection (b)(2)(A) of such section is amended by striking 
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‘‘fiscal year 2019 or fiscal year 2020’’ and inserting ‘‘fiscal 
year 2019, fiscal year 2020, or fiscal year 2021’’. 
(c) CERTIFICATION.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall certify to the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Representa-
tives and the Committee on Armed Services and the Com-
mittee on Foreign Relations of the Senate that no United 
States military forces are being used or have been used for 
the extraction, transport, transfer, or sale of oil from Syria. 
SEC. 1223. EXTENSION OF AUTHORITY TO SUPPORT OPER-
ATIONS AND ACTIVITIES OF THE OFFICE OF 
SECURITY COOPERATION IN IRAQ. 
Section 1215 of the National Defense Authorization 
Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended— 
(1) in subsections (c) and (d), by striking ‘‘fiscal 
year 2020’’ each place it appears and inserting ‘‘each 
of fiscal years 2020 and 2021’’; and 
(2) in subsection (h), by striking ‘‘Of the amount 
made available for fiscal year 2020 to carry out sec-
tion 1215 of the National Defense Authorization Act 
for Fiscal Year 2012, not more than $20,000,000’’ 
and inserting ‘‘Of the amounts made available for fis-
cal years 2020 and 2021 to carry out this section, not 
more than $20,000,000 for each such fiscal year’’. 
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SEC. 1224. PROHIBITION ON PROVISION OF WEAPONS AND 
OTHER FORMS OF SUPPORT TO CERTAIN OR-
GANIZATIONS. 
None of the funds authorized to be appropriated by this 
Act or otherwise made available for the Department of De-
fense for fiscal year 2021 may be used to knowingly provide 
weapons or any other form of support to Al Qaeda, the Is-
lamic State of Iraq and Syria (ISIS), Jabhat Fateh al 
Sham, Hamas, Hizballah, Palestine Islamic Jihad, al- 
Shabaab, Islamic Revolutionary Guard Corps, or any indi-
vidual or group affiliated with any such organization. 
SEC. 1225. CONSOLIDATED BUDGET DISPLAY AND REPORT 
ON OPERATION SPARTAN SHIELD. 
(a) BUDGET DISPLAY SUBMISSION.— 
(1) IN GENERAL.—The Secretary of Defense shall 
include in the budget materials submitted by the Sec-
retary in support of the budget of the President (as 
submitted to Congress pursuant to section 1105 of 
title 31, United States Code) for each of fiscal years 
2022 and 2023 a detailed budget display for funds re-
quested for the Department of Defense for such fiscal 
year for Operation Spartan Shield and Iran deter-
rence-related programs and activities of the Depart-
ment of Defense in the United States Central Com-
mand area of operation. 
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(2) MATTERS TO BE INCLUDED.—The detailed 
budget display required under paragraph (1) shall in-
clude the following: 
(A) With respect to procurement accounts— 
(i) amounts displayed by account, 
budget activity, line number, line item, and 
line item title; and 
(ii) a description of the requirements 
for each such amount. 
(B) With respect to research, development, 
test, and evaluation accounts— 
(i) amounts displayed by account, 
budget activity, line number, program ele-
ment, and program element title; and 
(ii) a description of the requirements 
for each such amount. 
(C) With respect to operation and mainte-
nance accounts— 
(i) amounts displayed by account title, 
budget activity title, line number, and sub-
activity group title; and 
(ii) a description of the specific man-
ner in which each such amount would be 
used. 
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(D) With respect to military personnel ac-
counts— 
(i) amounts displayed by account, 
budget activity, budget subactivity, and 
budget subactivity title; and 
(ii) a description of the requirements 
for each such amount. 
(E) With respect to each project under mili-
tary construction accounts (including with re-
spect to unspecified minor military construction 
and amounts for planning and design), the coun-
try, location, project title, and project amount 
for each fiscal year. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, and annually 
thereafter in conjunction with the submission of the 
budget of President (as submitted to Congress pursu-
ant to section 1105 of title 31, United States Code) 
for each of fiscal years 2022 and 2023, the Secretary 
of Defense shall submit to the Committee on Armed 
Services of the House of Representatives and the Com-
mittee on Armed Services of the Senate a report on 
Operation Spartan Shield. 
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(2) MATTERS TO BE INCLUDED.—The report re-
quired by paragraph (1) should include— 
(A)(i) for the first report, a history of the 
operation and its objectives; and 
(ii) for each subsequent report, a description 
of the operation and its objectives during the 
prior year; 
(B) a list and description of significant ac-
tivities and exercises carried out under the oper-
ation during the prior year; 
(C) a description of the purpose and goals 
of such activities and exercises and an assess-
ment of the degree to which stated goals were 
achieved during the prior year; 
(D) a description of criteria used to judge 
the effectiveness of joint exercises to build partner 
capacity under the operation during the prior 
year; 
(E) an identification of incremental and es-
timated total costs of the operation during the 
prior year, including a separate identification of 
incremental costs of increased force presence in 
the United States Central Command area of re-
sponsibility to counter Iran since May 2019; and 
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(F) any other matters the Secretary deter-
mines appropriate. 
(3) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form but may 
include a classified annex. 
SEC. 1226. SENSE OF CONGRESS ON PESHMERGA FORCES 
AS A PARTNER IN OPERATION INHERENT RE-
SOLVE. 
It is the sense of Congress that— 
(1) the Peshmerga of the Kurdistan Region of 
Iraq have made, and continue to make, significant 
contributions to the security of Northern Iraq, by de-
fending nearly 650 miles of critical terrain, to de-
grade, dismantle, and ultimately defeat the Islamic 
State of Iraq and Syria (ISIS) in Iraq as a partner 
in Operation Inherent Resolve; 
(2) although ISIS has been severely degraded, 
their ideology and combatants still linger and pose a 
threat of resurgence if regional security is not sus-
tained; 
(3) a strong Peshmerga and Kurdistan Regional 
Government is critical to maintaining a stable and 
tolerant Iraq in which all faiths, sects, and ethnicities 
are afforded equal protection under the law and full 
integration into the Government and society of Iraq; 
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(4) continued security assistance, as appropriate, 
to the Ministry of Peshmerga Affairs of the Kurdistan 
Region of Iraq in support of counter-ISIS operations, 
in coordination with the Government of Iraq, is crit-
ical to United States national security interests; and 
(5) continued United States support to the 
Peshmerga, coupled with security sector reform in the 
region, will enable them to more effectively partner 
with other elements of the Iraqi Security Forces, the 
United States, and other coalition members to consoli-
date gains, hold territory, and protect infrastructure 
from ISIS and its affiliates in an effort to deal a 
lasting defeat to ISIS and prevent its reemergence in 
Iraq. 
Subtitle D—Matters Relating to 
Russia 
SEC. 1231. PROHIBITION ON AVAILABILITY OF FUNDS RE-
LATING TO SOVEREIGNTY OF THE RUSSIAN 
FEDERATION OVER CRIMEA. 
(a) PROHIBITION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2021 for the Department of Defense may be obli-
gated or expended to implement any activity that recognizes 
the sovereignty of the Russian Federation over Crimea. 
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(b) WAIVER.—The Secretary of Defense, with the con-
currence of the Secretary of State, may waive the restriction 
on the obligation or expenditure of funds required by sub-
section (a) if the Secretary of Defense— 
(1) determines that to do so is in the national 
security interest of the United States; and 
(2) submits a notification of the waiver, at the 
time the waiver is invoked, to the Committee on 
Armed Services and the Committee on Foreign Affairs 
of the House of Representatives and the Committee on 
Armed Services and the Committee on Foreign Rela-
tions of the Senate. 
SEC. 1232. EXTENSION OF LIMITATION ON MILITARY CO-
OPERATION BETWEEN THE UNITED STATES 
AND THE RUSSIAN FEDERATION. 
Section 1232(a) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2488), is amended by striking ‘‘, 2019, or 2020’’ and insert-
ing ‘‘2019, 2020, or 2021’’. 
SEC. 1233. MODIFICATION AND EXTENSION OF UKRAINE SE-
CURITY ASSISTANCE INITIATIVE. 
(a) IN GENERAL.—Section 1250 of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 129 Stat. 1068) is amended— 
(1) in subsection (c)— 
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(A) in paragraph (1), by striking ‘‘50 per-
cent of the funds available for fiscal year 2020 
pursuant to subsection (f)(5)’’ and inserting ‘‘50 
percent of the funds available for fiscal year 
2021 pursuant to subsection (f)(6)’’; and 
(B) in paragraph (3), by striking ‘‘fiscal 
year 2020’’ and inserting ‘‘fiscal year 2021’’; 
and 
(C) in paragraph (5), by striking ‘‘Of the 
funds available for fiscal year 2020 pursuant to 
subsection (f)(5)’’ and inserting ‘‘Of the funds 
available for fiscal year 2021 pursuant to sub-
section (f)(6)’’; 
(2) in subsection (f), by adding at the end the 
following: 
‘‘(6) For fiscal year 2021, $250,000,000.’’; and 
(3) in subsection (h), by striking ‘‘December 31, 
2022’’ and inserting ‘‘December 31, 2023’’. 
(b) EXTENSION OF REPORTS ON MILITARY ASSIST-
ANCE TO UKRAINE.—Section 1275(e) of the Carl Levin and 
Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291; 128 
Stat. 3592) is amended by striking ‘‘January 31, 2021’’ 
and inserting ‘‘December 31, 2023’’. 
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SEC. 1234. UNITED STATES PARTICIPATION IN THE OPEN 
SKIES TREATY. 
(a) NOTIFICATION REQUIRED.— 
(1) IN
GENERAL.—Upon withdrawal of the 
United States from the Open Skies Treaty pursuant 
to Article XV of the Treaty, the Secretary of Defense 
and the Secretary of State shall jointly submit to the 
appropriate congressional committees— 
(A) a notification that the United States 
has concluded agreements with other state parties 
to the Treaty that host United States military 
forces and assets to ensure that after such with-
drawal the United States will be provided suffi-
cient notice by such state parties of requests for 
observation flights over the territories of such 
state parties under the Treaty; or 
(B) if the United States has not concluded 
the agreements described in subparagraph (A), a 
description of how the United States will consist-
ently and reliably be provided with sufficient 
warning of observation flights described in sub-
paragraph (A) by other means, including a de-
scription of assets and personnel and policy im-
plications of using such other means. 
(2) SUBMISSION OF AGREEMENTS.—Upon with-
drawal of the United States from the Open Skies 
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Treaty pursuant to Article XV of the Treaty, the Sec-
retary of Defense and the Secretary of State shall 
jointly submit to the appropriate congressional com-
mittees copies of the agreements described in para-
graph (1)(A). 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense and the Secretary of State, in coordination 
with the Director of National Intelligence and the 
Under Secretary of Defense for Intelligence and Secu-
rity, shall jointly submit to the appropriate congres-
sional committees a report on the effects of a potential 
withdrawal of the United States from the Open Skies 
Treaty. 
(2) MATTERS TO BE INCLUDED.—The report re-
quired by paragraph (1) shall include the following: 
(A) A description of how the United States 
will replace benefits of cooperation with United 
States allies under the Treaty. 
(B) A description of— 
(i) how the United States will obtain 
unclassified, publicly-releasable imagery it 
currently receives under the Treaty; 
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(ii) if national technical means are 
used as a replacement to obtain such im-
agery— 
(I) how the requirements satisfied 
by collection under the Treaty will be 
prioritized within the National Intel-
ligence Priorities Framework; 
(II) a plan to mitigate any gaps 
in collection; and 
(III) requirements and timelines 
for declassification of data for public 
release; and 
(iii) if commercial imagery is used as 
a replacement to obtain such imagery— 
(I) contractual actions and associ-
ated timelines needed to purchase such 
imagery; 
(II) costs to purchase commercial 
imagery equivalent to that which is ob-
tained under the Treaty; and 
(III) estimates of costs to share 
that data with other state parties to 
the Treaty that are United States part-
ners. 
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(C) A description of how the United States 
will replace intelligence information, other than 
imagery, obtained under the Treaty. 
(D) A description of how the United States 
will ensure continued dialogue with Russia in a 
manner similar to formal communications as 
confidence-building measures to reinforce stra-
tegic stability required under the Treaty. 
(E) All unedited responses to the question-
naire provided to United States allies by the 
United States in 2019 and all official statements 
provided to the United States by United States 
allies in 2019 or 2020 relating to United States 
withdrawal from the Treaty. 
(F) An assessment of the impact of such 
withdrawal on— 
(i) United States leadership in the 
North 
Atlantic 
Treaty 
Organization 
(NATO); and 
(ii) cohesion and cooperation among 
NATO member states. 
(G) A description of options to continue 
confidence-building measures under the Treaty 
with other state parties to the Treaty that are 
United States allies. 
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(H) An assessment of the Defense Intel-
ligence Agency of the impact on national secu-
rity of such withdrawal. 
(I) An assessment of how the United States 
will influence decisions regarding certifications 
of new sensors, primarily synthetic aperture 
radar sensors, under the Treaty that could pose 
additional risk to deployed United States mili-
tary forces and assets. 
(3) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form but may 
contain a classified annex. 
(c) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Foreign Affairs and 
the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(C) the Committee on Foreign Relations 
and the Select Committee on Intelligence of the 
Senate. 
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(2) OBSERVATION FLIGHT.—The term ‘‘observa-
tion flight’’ has the meaning given such term in Arti-
cle II of the Open Skies Treaty. 
(3) OPEN
SKIES
TREATY; TREATY.—The term 
‘‘Open Skies Treaty’’ or ‘‘Treaty’’ means the Treaty 
on Open Skies, done at Helsinki March 24, 1992, and 
entered into force January 1, 2002. 
Subtitle E—Matters Relating to 
Europe and NATO 
SEC. 1241. LIMITATIONS ON USE OF FUNDS TO REDUCE THE 
TOTAL NUMBER OF MEMBERS OF THE ARMED 
FORCES SERVING ON ACTIVE DUTY WHO ARE 
STATIONED IN GERMANY, TO REDUCE THE 
TOTAL NUMBER OF MEMBERS OF THE ARMED 
FORCES STATIONED IN EUROPE, AND TO DI-
VEST MILITARY INFRASTRUCTURE IN EU-
ROPE. 
(a) LIMITATION ON USE OF FUNDS TO REDUCE THE 
TOTAL NUMBER OF MEMBERS OF THE ARMED FORCES 
SERVING ON ACTIVE DUTY WHO ARE STATIONED IN GER-
MANY.—None of the funds authorized to be appropriated or 
otherwise made available to the Department of Defense may 
be used during the period beginning on the date of the en-
actment of this Act and ending on December 31, 2021, to 
take any action to reduce the total number of members of 
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the Armed Forces serving on active duty who are stationed 
in Germany below the levels present on June 10, 2020, until 
180 days after the date on which the Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff have sepa-
rately submitted to the congressional defense committees the 
following: 
(1) A certification that— 
(A) such a reduction is in the national se-
curity interest of the United States and will not 
significantly undermine the security of the 
United States or its allies in the region, includ-
ing a justification explaining the analysis be-
hind the certification; and 
(B) the Secretary has appropriately con-
sulted with United States allies and partners in 
Europe, including all members of the North At-
lantic Treaty Organization (NATO), regarding 
such a reduction. 
(2) A detailed analysis of the impact such a re-
duction would have on the security of United States 
allies and partners in Europe and on interoperability 
and joint activities with such allies and partners, in-
cluding major military exercises. 
(3) A detailed analysis of the impact such a re-
duction would have on the ability to deter Russian 
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aggression and ensure the territorial integrity of 
United States allies and partners in Europe. 
(4) A detailed analysis of the impact such a re-
duction would have on the ability to counter Russian 
malign activity. 
(5) A detailed analysis of where the members of 
the Armed Forces will be moved and stationed as a 
consequence of such a reduction. 
(6) A detailed plan for how such a reduction 
would be implemented. 
(7) A detailed analysis of the cost implications 
of such a reduction, to include the cost associated with 
new facilities to be constructed at the location to 
which the members of the Armed Forces are to be 
moved and stationed. 
(8) A detailed analysis of the impact such a re-
duction would have on United States service members 
and their families stationed in Europe. 
(9) A detailed analysis of the impact such a re-
duction would have on Joint Force Planning. 
(10) A detailed explanation of the impact such 
a reduction would have on implementation of the Na-
tional Defense Strategy and a certification that the 
reduction would not negatively affect implementation 
of the National Defense Strategy. 
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(b) LIMITATION ON USE OF FUNDS TO REDUCE THE 
TOTAL NUMBER OF MEMBERS OF THE ARMED FORCES 
STATIONED IN EUROPE.—None of the funds authorized to 
be appropriated or otherwise made available for the Depart-
ment of Defense may be used during the period beginning 
on the date of the enactment of this Act and ending on De-
cember 31, 2021, to reduce the total number of members 
of the Armed Forces serving on active duty who are sta-
tioned in Europe below the levels present on June 10, 2020, 
until 180 days after the date on which the Secretary of De-
fense and the Chairman of the Joint Chiefs of Staff have 
separately submitted to the congressional defense committees 
the following: 
(1) A certification that— 
(A) such a reduction is in the national se-
curity interest of the United States and will not 
significantly undermine the security of the 
United States or its allies in the region, includ-
ing a justification explaining the analysis be-
hind the certification. 
(B) the Secretary has appropriately con-
sulted with United States allies and partners in 
Europe, including all members of NATO, regard-
ing such a reduction. 
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(9) A detailed analysis of the impact such a re-
duction would have on Joint Force Planning. 
(10) A detailed explanation of the impact such 
a reduction would have on implementation of the Na-
tional Defense Strategy and a certification that the 
reduction would not negatively affect implementation 
of the National Defense Strategy. 
(c) LIMITATION TO DIVEST MILITARY INFRASTRUC-
TURE IN EUROPE.— 
(1) IN GENERAL.—The Secretary of Defense may 
not take any action to divest any infrastructure or 
real property in Europe under the operational control 
of the Department of Defense unless, prior to taking 
such action, the Secretary certifies to the congres-
sional defense committees that no military require-
ment for future use of the infrastructure or real prop-
erty is foreseeable. 
(2) SUNSET.—This subsection shall terminate on 
the date that is 5 years after the date of the enact-
ment of this Act. 
SEC. 1242. SENSE OF CONGRESS ON SUPPORT FOR COORDI-
NATED ACTION TO ENSURE THE SECURITY OF 
BALTIC ALLIES. 
It is the sense of Congress that— 
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(1) the continued security of the Baltic states of 
Estonia, Latvia, and Lithuania is critical to achiev-
ing United States national security interests and de-
fense objectives against the acute and formidable 
threat posed by Russia; 
(2) the United States and the Baltic states are 
leaders in the mission of defending independence and 
democracy from aggression and in promoting sta-
bility and security within the North Atlantic Treaty 
Organization (NATO), with non-NATO partners, and 
with other international organizations such as the 
European Union; 
(3) the Baltic states are model NATO allies in 
terms of burden sharing and capital investment in 
materiel critical to United States and allied security, 
investment of over 2 percent of their gross domestic 
product on defense expenditure, allocating over 20 
percent of their defense budgets on capital moderniza-
tion, matching security assistance from the United 
States, frequently deploying their forces around the 
world in support of allied and United States objec-
tives, and sharing diplomatic, technical, military, 
and analytical expertise on defense and security mat-
ters; 
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(4) the United States should continue to 
strengthen bilateral and multilateral defense by, with, 
and through allied nations, particularly those which 
possess expertise and dexterity but do not enjoy the 
benefits of national economies of scale; 
(5) the United States should pursue consistent ef-
forts focused on defense and security assistance, co-
ordination, and planning designed to ensure the con-
tinued security of the Baltic states and on deterring 
current and future challenges to the national sov-
ereignty of United States allies and partners in the 
Baltic region; and 
(6) such an initiative should include an innova-
tive and comprehensive conflict deterrence strategy for 
the Baltic region encompassing the unique geography 
of the Baltic states, modern and diffuse threats to 
their land, sea, and air spaces, and necessary im-
provements to their defense posture, including com-
mand-and-control infrastructure, intelligence, surveil-
lance, and reconnaissance capabilities, communica-
tions equipment and networks, and special forces. 
SEC. 1243. SENSE OF CONGRESS ON SUPPORT FOR ESTO-
NIA, LATVIA, AND LITHUANIA. 
(a) FINDINGS.—Congress finds the following: 
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(1) The Baltic countries of Estonia, Latvia, and 
Lithuania are highly valued allies of the United 
States, and they have repeatedly demonstrated their 
commitment to advancing our mutual interests as 
well as those of the NATO Alliance. 
(2) Operation Atlantic Resolve is a series of exer-
cises and coordinating efforts demonstrating the 
United States’ commitment to its European partners 
and allies, including the Baltic countries of Estonia, 
Latvia, and Lithuania, with the shared goal of peace 
and stability in the region. Operation Atlantic Re-
solve strengthens communication and understanding, 
and is an important effort to deter Russian aggres-
sion in the region. 
(3) Through Operation Atlantic Resolve, the Eu-
ropean Deterrence Initiative undertakes exercises, 
training, and rotational presence necessary to reas-
sure and integrate our allies, including the Baltic 
countries, into a common defense framework. 
(4) All three Baltic countries contributed to the 
NATO-led International Security Assistance Force in 
Afghanistan, sending troops and operating with few 
caveats. The Baltic countries continue to commit re-
sources and troops to the Resolute Support Mission in 
Afghanistan. 
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(b) SENSE OF CONGRESS.—Congress— 
(1) reaffirms its support for the principle of col-
lective defense in Article 5 of the North Atlantic Trea-
ty for our NATO allies, including Estonia, Latvia, 
and Lithuania; 
(2) supports the sovereignty, independence, terri-
torial integrity, and inviolability of Estonia, Latvia, 
and Lithuania as well as their internationally recog-
nized borders, and expresses concerns over increas-
ingly aggressive military maneuvering by the Russian 
Federation near their borders and airspace; 
(3) expresses concern over and condemns subver-
sive and destabilizing activities by the Russian Fed-
eration within the Baltic countries; and 
(4) encourages the Administration to further en-
hance defense cooperation efforts with Estonia, Lat-
via, and Lithuania and supports the efforts of their 
Governments to provide for the defense of their people 
and sovereign territory. 
SEC. 1244. SENSE OF CONGRESS ON SUPPORT FOR GEOR-
GIA. 
(a) FINDINGS.—Congress finds the following: 
(1) Georgia is a valued friend of the United 
States and has repeatedly demonstrated its commit-
ment to advancing the mutual interests of both coun-
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tries, including the deployment of Georgian forces as 
part of the former International Security Assistance 
Force (ISAF) and the current Resolute Support Mis-
sion led by the North Atlantic Treaty Organization 
(NATO) in Afghanistan and the Multi-National Force 
in Iraq. 
(2) The European Deterrence Initiative builds 
the partnership capacity of Georgia so it can work 
more closely with the United States and NATO, as 
well as provide for its own defense. 
(3) In addition to the European Deterrence Ini-
tiative, Georgia’s participation in the NATO initia-
tive Partnership for Peace is paramount to interoper-
ability with the United States and NATO, and estab-
lishing a more peaceful environment in the region. 
(4) Despite the losses suffered, as a NATO part-
ner, Georgia is committed to the Resolute Support 
Mission in Afghanistan with the fifth-largest contin-
gent on the ground. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the United States should— 
(1) reaffirm support for an enduring strategic 
partnership between the United States and Georgia; 
(2) support Georgia’s sovereignty and territorial 
integrity within its internationally-recognized bor-
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ders, and does not recognize the independence of the 
Abkhazia and South Ossetia regions currently occu-
pied by the Russian Federation; 
(3) continue support for multi-domain security 
assistance for Georgia in the form of lethal and non- 
lethal measures to build resiliency, bolster deterrence 
against Russian aggression, and promote stability in 
the region, by— 
(A) strengthening defensive capabilities and 
promote readiness; and 
(B) improving interoperability with NATO 
forces; and 
(4) further enhance security cooperation and en-
gagement with Georgia and other Black Sea regional 
partners. 
SEC. 1245. SENSE OF CONGRESS ON BURDEN SHARING BY 
PARTNERS AND ALLIES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States’ alliances and other crit-
ical defense partnerships are a cornerstone of Depart-
ment of Defense (DOD) efforts to deter aggression 
from our adversaries, counter violent extremism, and 
preserve United States national security interests in 
the face of challenges to those interests by Russia, 
China and other actors. 
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(2) The North Atlantic Treaty Organization 
(NATO) is the most successful military alliance in 
history, having deterred war between major state 
powers for more than 70 years. 
(3) Collective security and the responsibility of 
each member of the security of the other members as 
well as the alliance as a whole is a pillar of the 
NATO alliance. 
(4) NATO members other than the United States 
collectively expend over $300,000,000,000 in defense 
investments annually and maintain military forces 
totaling an estimated 1,900,000 service members, bol-
stering the alliance’s collective capacity to counter 
shared threats. 
(5) At the NATO Wales Summit in 2014, NATO 
members pledged to strive to increase their own de-
fense spending to 2 percent of their respective gross 
domestic products and to spend at least 20 percent of 
their defense budgets on equipment by 2024 as part 
of their burden sharing commitments. 
(6) Since 2014, there has been a steady increase 
in allied defense spending, with 22 member countries 
meeting defense spending targets in 2018 and having 
submitted plans to meet the targets by 2024. 
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(7) In addition to individual defense spending 
contributions, NATO allies and partners also con-
tribute to NATO and United States operations 
around the world, including the Resolute Support 
Mission in Afghanistan and the Global Coalition to 
Defeat the Islamic State in Iraq and Syria (ISIS). 
(8) South Korea hosts a baseline of 28,500 
United States forces including the Eighth Army and 
Seventh Air Force. 
(9) South Korea maintains Aegis Ballistic Mis-
sile Defense and Patriot Batteries that contribute to 
regional Ballistic Missile Defense, is a participant in 
the Enforcement Coordination Center, and is a sig-
nificant contributor to United Nations peacekeeping 
operations. 
(10) South Korea is an active consumer of 
United States Foreign Military Sales (FMS) with ap-
proximately $30,500,000,000 in active FMS cases and 
makes significant financial contributions to support 
forward deployed United States forces in South 
Korea, including contributions of $924,000,000 under 
the Special Measures Agreement in 2019 and over 90 
percent of the cost of developing Camp Humphreys. 
(11) Japan hosts 54,000 United States forces in-
cluding the Seventh Fleet, the only forward-deployed 
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United States aircraft carrier, and the United States 
Marine Corps’ III Marine Expeditionary Force. 
(12) Japan maintains Aegis Ballistic Missile 
Defense and Patriot Batteries that contribute to re-
gional Ballistic Missile Defense, conducts bilateral 
presence operations and mutual asset protection mis-
sions with United States forces, and is a capacity 
building contributor to United Nations peacekeeping 
operations. 
(13) Japan is an active consumer of United 
States FMS with approximately $28,400,000,000 in 
active FMS cases and makes significant financial 
contributions to enable optimized United States mili-
tary posture, including contributions of approxi-
mately $2,000,000,000 annually under the Special 
Measures Agreement, $187,000,000 annually under 
the 
Japan 
Facilities 
Improvement 
Program, 
$12,100,000,000 for the Futenma Replacement Facil-
ity, $4,800,000,000 for Marine Corps Air Station 
Iwakuni, and $3,100,000,000 for construction on 
Guam to support the movement of United States Ma-
rines from Okinawa. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
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(1) the United States Government should focus 
on United States national security requirements for 
investment in forward presence, joint exercises, invest-
ments, and commitments that contribute to the secu-
rity of the United States and collective security, and 
cease efforts that solely focus on the financial con-
tributions of United States allies and partners when 
negotiating joint security arrangements; 
(2) the United States must continue to strength-
en its alliances and security partnerships with like- 
minded democracies around the world to deter aggres-
sion from authoritarian competitors and promote 
peace and respect for democratic values and human 
rights around the world; 
(3) United States partners and allies should con-
tinue to increase their military capacity and enhance 
their ability to contribute to global peace and secu-
rity; 
(4) NATO allies should continue working toward 
their 2014 Wales Defense Investment Pledge commit-
ments; 
(5) the United States should maintain forward- 
deployed United States forces in order to better ensure 
United States national security and global stability; 
and 
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(6) alliances and partnerships are the corner-
stone of United States national security and critical 
to countering the threat posed by malign actors to the 
post-World War II liberal international order. 
SEC. 1246. SENSE OF CONGRESS ON NATO’S RESPONSE TO 
THE COVID-19 PANDEMIC. 
(a) FINDINGS.—Congress finds the following: 
(1) The North Atlantic Treaty Organization 
(NATO) has been working with allies and partners to 
provide support to the civilian response to the 
Coronavirus Disease 2019 (commonly referred to as 
‘‘COVID-19’’) pandemic, including logistics and 
planning, field hospitals, and transport, while main-
taining NATO’s operational readiness and continuing 
to carry out critical NATO missions. 
(2) Since the beginning of the pandemic, NATO 
allies and partners have completed more than 350 
airlift flights, supplying hundreds of tons of critical 
supplies globally, have built nearly 100 field hospitals 
and dedicated more than half a million troops to sup-
port the civilian response to the pandemic. 
(3) NATO’s Euro-Atlantic Disaster Response Co-
ordination Centre has been operating 24 hours, seven 
days a week to coordinate requests for supplies and 
resources. 
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(4) The NATO Support and Procurement Agen-
cy’s Strategic Airlift Capability and Strategic Airlift 
International Solution programs have chartered 
flights to transport medical supplies between partners 
and allies. 
(5) NATO established Rapid Air Mobility to 
speed up military air transport of medical supplies 
and resources to allies and partners experiencing a 
shortage of medical supplies and personal protective 
equipment. 
(6) In June 2020, NATO Defense Ministers 
agreed to future steps to prepare for a potential sec-
ond wave of the COVID-19 pandemic, including a 
new operation plan, establishing a stockpile of med-
ical equipment and supplies, and a new fund to ac-
quire medical supplies and services. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) NATO’s response to the COVID-19 pandemic 
is an excellent example of the democratic alliance’s 
capacity tackling overwhelming logistical challenges 
through close collaboration; 
(2) the United States should remain committed 
to strengthening NATO’s operational response to the 
pandemic; and 
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(3) the United States should fulfill its commit-
ments made at the 2020 NATO Defense Ministerial 
and continue to bolster the work of the Euro-Atlantic 
Disaster Response Coordination Centre, the NATO 
Support and Procurement Agency’s Strategic Airlift 
Capability and Strategic Airlift International Solu-
tion programs, and other efforts to utilize NATO’s ca-
pabilities to support the civilian pandemic response. 
Subtitle F—Matters Relating to the 
Indo-Pacific Region 
SEC. 1251. INDO-PACIFIC REASSURANCE INITIATIVE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) a stable, peaceful, and secure Indo-Pacific re-
gion is vital to United States economic and national 
security; 
(2) revisionist states, rogue states, violent ex-
tremist organizations, and natural and manmade 
disasters are persistent challenges to regional stability 
and security; 
(3) maintaining stability and upholding a rules- 
based order requires a holistic United States strategy 
that— 
(A) synchronizes all elements of national 
power; 
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(B) is inclusive of United States allies and 
partner countries; and 
(C) ensures a persistent, predictable United 
States presence to reinforce regional defense; 
(4) enhancing regional defense requires robust ef-
forts to increase capability, readiness, and responsive-
ness to deter and mitigate destabilizing activities; 
(5) the Department of Defense should pursue an 
integrated program of activities to— 
(A) reassure United States allies and part-
ner countries in the Indo-Pacific region; 
(B) appropriately prioritize activities and 
resources to implement the National Defense 
Strategy; and 
(C) enhance the ability of Congress to pro-
vide oversight of and support to Department of 
Defense efforts; 
(6) an integrated, coherent, and strategic pro-
gram of activities in the Indo-Pacific region, similar 
to the European Deterrence Initiative (originally the 
European Reassurance Initiative), will enhance 
United States presence and positioning, allow for ad-
ditional exercises, improve infrastructure and logis-
tics, and build allied and partner capacity to deter 
aggression, strengthen ally and partner interoper-
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ability, and demonstrate United States commitment 
to Indo-Pacific countries; 
(7) an integrated, coherent, and strategic pro-
gram of activities in the Indo-Pacific region will also 
assist in resourcing budgetary priorities and enhanc-
ing transparency and oversight of programs and ac-
tivities to better enable a coordinated and strategic 
plan for Department of Defense programs; 
(8) not less than $3,578,360,000 of base funding 
should be allocated to fully support such program of 
activities in fiscal year 2021; and 
(9) the Department of Defense should ensure ade-
quate, consistent planning is conducted for future 
funding and build upon the activities identified in 
fiscal year 2021 in future budget requests, as appro-
priate. 
(b) INDO-PACIFIC REASSURANCE INITIATIVE.—The 
Secretary of Defense shall carry out a program of 
prioritized activities to reassure United States allies and 
partner countries in the Indo-Pacific region that shall be 
known as the ‘‘Indo-Pacific Reassurance Initiative’’ (in this 
section referred to as the ‘‘Initiative’’). 
(c) OBJECTIVES.—The objectives of the Initiative shall 
include reassuring United States allies and partner coun-
tries in the Indo-Pacific region by— 
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(1) optimizing the presence of United States 
Armed Forces in the region; 
(2) strengthening and maintaining bilateral and 
multilateral military exercises and training with such 
countries; 
(3) improving infrastructure in the region to en-
hance the responsiveness of United States Armed 
Forces; 
(4) enhancing the prepositioning of equipment 
and materiel in the region; and 
(5) building the defense and security capabilities, 
capacity, and cooperation of such countries. 
(d) PLAN RELATING
TO TRANSPARENCY
FOR
THE 
INDO-PACIFIC REASSURANCE INITIATIVE.— 
(1) PLAN REQUIRED.— 
(A) IN GENERAL.—Not later than February 
1, 2022, and annually thereafter, the Secretary 
of Defense, in consultation with the Commander 
of the United States Indo-Pacific Command, 
shall submit to the congressional defense commit-
tees a future years plan on activities and re-
sources of the Initiative. 
(B) APPLICABILITY.—The plan shall apply 
to the Initiative with respect to the first fiscal 
year beginning after the date of submission of the 
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plan and at least the four succeeding fiscal 
years. 
(2) MATTERS TO BE INCLUDED.—The plan re-
quired under paragraph (1) shall include each of the 
following: 
(A) A summary of progress made towards 
achieving the objectives of the Initiative. 
(B) An assessment of resource requirements 
to achieve such objectives. 
(C) An assessment of capabilities require-
ments to achieve such objectives. 
(D) An assessment of logistics requirements, 
including force enablers, equipment, supplies, 
storage, and maintenance requirements, to 
achieve such objectives. 
(E) An identification of the intended force 
structure and posture of the assigned and allo-
cated forces within the area of responsibility of 
the United States Indo-Pacific Command for the 
last fiscal year of the plan and the manner in 
which such force structure and posture support 
such objectives. 
(F) An identification and assessment of re-
quired infrastructure and military construction 
investments to achieve such objectives, including 
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potential infrastructure investments proposed by 
host countries, new construction or moderniza-
tion of existing sites that would be funded by the 
United States, and a master plan that includes 
the following: 
(i) A list of specific locations, orga-
nized by country, in which the Commander 
of the United States Indo-Pacific Command 
anticipates requiring infrastructure invest-
ments to support an enduring or periodic 
military presence in the region. 
(ii) A list of specific infrastructure in-
vestments required at each location identi-
fied under clause (i), to include the project 
title and estimated cost of each project. 
(iii) A brief explanation for how each 
location identified under clause (i) and in-
frastructure investments identified under 
clause (ii) support a validated requirement 
or component of the overall strategy in the 
region. 
(iv) A discussion of any gaps in the 
current 
infrastructure 
authorities 
that 
would preclude implementation of the infra-
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structure 
investments 
identified 
under 
clause (ii). 
(v) A description of the type and size 
of military force elements that would main-
tain an enduring presence or operate peri-
odically from each location identified under 
clause (i). 
(vi) A summary of kinetic and non-ki-
netic vulnerabilities for current locations 
and each location identified in clause (i), to 
include— 
(I) the level of risk associated with 
each vulnerability; and 
(II) the proposed mitigations and 
projected costs to address each such 
vulnerability, to include— 
(aa) hardening and other re-
silience measures; 
(bb) 
active 
and 
passive 
counter-Intelligence, Surveillance, 
and Reconnaissance; 
(cc) 
active 
and 
passive 
counter Positioning, Navigation, 
and Timing; 
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(dd) air and missile defense 
capabilities; 
(ee) enhanced logistics and 
sea lines of communication secu-
rity; and 
(ff) other issues identified by 
the Commander of the United 
States Indo-Pacific Command. 
(G) An assessment of logistics requirements, 
including force enablers, equipment, supplies, 
storage, fuel storage and distribution, and main-
tenance requirements, to achieve such objectives. 
(H) An analysis of the challenges to the 
ability of the United States to deploy significant 
forces from the continental United States to the 
Indo-Pacific theater in the event of a major con-
tingency, and a description of the plans of the 
Department of Defense, including military exer-
cises, to address such challenges. 
(I) An assessment and plan for security co-
operation investments to enhance such objectives. 
(J) A plan to resource United States force 
posture and capabilities, including— 
(i) the infrastructure capacity of exist-
ing locations and their ability to accommo-
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date additional United States forces in the 
Indo-Pacific region; 
(ii) the potential new locations for ad-
ditional United States Armed Forces in the 
Indo-Pacific region, including an assess-
ment of infrastructure and military con-
struction resources necessary to accommo-
date such forces; 
(iii) a detailed timeline to achieve de-
sired posture requirements; 
(iv) a detailed assessment of the re-
sources necessary to achieve the require-
ments of the plan, including specific cost es-
timates for each project under the Initiative 
to support optimized presence, exercises and 
training, 
enhanced 
prepositioning, 
im-
proved infrastructure, and building part-
nership capacity; and 
(v) a detailed timeline to achieve the 
force posture and capabilities, including 
force requirements. 
(K) A detailed explanation of any signifi-
cant modifications of the requirements or re-
sources, as compared to plans previously sub-
mitted under paragraph (1). 
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(L) Any other matters the Secretary of De-
fense determines should be included. 
(3) FORM.—The plan required under paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
(e) BUDGET SUBMISSION INFORMATION.—For fiscal 
year 2022 and each fiscal year thereafter, the Secretary of 
Defense shall include in the budget justification materials 
submitted to Congress in support of the Department of De-
fense budget for that fiscal year (as submitted with the 
budget of the President under section 1105(a) of title 31, 
United States Code)— 
(1) the amounts, by budget function and as a 
separate item, requested for the Department of De-
fense for such fiscal year for all programs and activi-
ties under the Initiative; and 
(2) a detailed budget display for the Initiative, 
including— 
(A) with respect to procurement accounts— 
(i) amounts displayed by account, 
budget activity, line number, line item, and 
line item title; and 
(ii) a description of the requirements 
for each such amounts; 
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(B) with respect to research, development, 
test, and evaluation accounts— 
(i) amounts displayed by account, 
budget activity, line number, program ele-
ment, and program element title; and 
(ii) a description of the requirements 
for each such amount; 
(C) with respect to operation and mainte-
nance accounts— 
(i) amounts displayed by account title, 
budget activity title, line number, and sub-
activity group title; and 
(ii) a description of how such amounts 
will specifically be used; 
(D) with respect to military personnel ac-
counts— 
(i) amounts displayed by account, 
budget activity, budget subactivity, and 
budget subactivity title; and 
(ii) a description of the requirements 
for each such amount; and 
(E) with respect to each project under mili-
tary construction accounts (including with re-
spect to unspecified minor military construction 
and amounts for planning and design), the coun-
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try, location, project title, and project amount 
for each fiscal year. 
(f) END OF FISCAL YEAR REPORT.—Not later than 
November 20, 2022, and annually thereafter, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a report that contains— 
(1) a detailed summary of funds obligated for the 
Initiative during the preceding fiscal year; and 
(2) a detailed comparison of funds obligated for 
the Initiative during the preceding fiscal year to the 
amount of funds requested for the Initiative for such 
fiscal year in the materials submitted to Congress by 
the Secretary in support of the budget of the President 
for that fiscal year as required by subsection (e), in-
cluding with respect to each of the accounts described 
in subparagraphs (A), (B), (C), (D), and (E) of sub-
section (e)(2) and the information required under 
each such subparagraph. 
(g) BRIEFINGS REQUIRED.—Not later than March 1, 
2023, and annually thereafter, the Secretary of Defense 
shall provide to the congressional defense committees a 
briefing on the status of all matters covered by the report 
required by section (f). 
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(h) RELATIONSHIP TO BUDGET.—Nothing in this sec-
tion shall be construed to affect section 1105(a) of title 31, 
United States Code. 
(i) CONFORMING REPEAL.—Section 1251 of the Na-
tional Defense Authorization Act for Fiscal Year 2018 (Pub-
lic Law 115–91; 131 Stat. 1676) is repealed. 
SEC. 1252. LIMITATION ON USE OF FUNDS TO REDUCE THE 
TOTAL NUMBER OF MEMBERS OF THE ARMED 
FORCES SERVING ON ACTIVE DUTY WHO ARE 
DEPLOYED TO SOUTH KOREA. 
None of the funds authorized to be appropriated by this 
Act may be used to reduce the total number of members 
of the Armed Forces serving on active duty who are de-
ployed to South Korea below 28,500 until 180 days after 
the date on which the Secretary of Defense certifies to the 
congressional defense committees the following: 
(1) Such a reduction is in the national security 
interest of the United States and will not signifi-
cantly undermine the security of United States allies 
in the region. 
(2) Such a reduction is commensurate with a re-
duction in the threat posed to the United States and 
its allies in the region by the Democratic People’s Re-
public of Korea. 
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(3) Following such a reduction, the Republic of 
Korea would be capable of deterring a conflict on the 
Korean Peninsula. 
(4) The Secretary has appropriately consulted 
with allies of the United States, including South 
Korea and Japan, regarding such a reduction. 
SEC. 1253. IMPLEMENTATION OF GAO RECOMMENDATIONS 
ON 
PREPAREDNESS 
OF 
UNITED 
STATES 
FORCES TO COUNTER NORTH KOREAN CHEM-
ICAL AND BIOLOGICAL WEAPONS. 
(a) PLAN REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall 
develop a plan to address the recommendations in the 
U.S. Government Accountability Office’s report enti-
tled ‘‘Preparedness of U.S. Forces to Counter North 
Korean Chemical and Biological Weapons’’ (GAO-20- 
79C). 
(2) ELEMENTS.—The plan required under para-
graph (1) shall, with respect to each recommendation 
in the report described in paragraph (1) that the Sec-
retary of Defense has implemented or intends to im-
plement, include— 
(A) a summary of actions that have been or 
will be taken to implement the recommendation; 
and 
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(B) a schedule, with specific milestones, for 
completing implementation of the recommenda-
tion. 
(b) SUBMITTAL TO CONGRESS.—Not later than one 
year after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional defense 
committees the plan required under subsection (a). 
(c) DEADLINE FOR IMPLEMENTATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 18 months after the date of 
the enactment of this Act, the Secretary of Defense 
shall carry out activities to implement the plan devel-
oped under subsection (a). 
(2) EXCEPTION FOR IMPLEMENTATION OF CER-
TAIN RECOMMENDATIONS.— 
(A) DELAYED IMPLEMENTATION.—The Sec-
retary of Defense may initiate implementation of 
a recommendation in the report described in sub-
section (a)(1) after the date specified in para-
graph (1) if the Secretary provides the congres-
sional defense committees with a specific jus-
tification for the delay in implementation of 
such recommendation on or before such date. 
(B) NONIMPLEMENTATION.—The Secretary 
of Defense may decide not to implement a rec-
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