Title: Defense, Commerce, Justice, Science, Energy and Water Development, Financial Services and General Government, Labor, Health and Human Services, Education, Transportation, Housing, and Urban Development Appropriations Act, 2021
Policy area: Armed Forces and National Security

Summary:
Department of Defense Appropriations Act, 2021
This bill provides FY2021 appropriations to the Department of Defense (DOD) for military activities.
(The bill excludes military construction, military family housing, civil works projects of the Army Corps of Engineers, and nuclear warheads, which are all considered in other appropriations bills.)
Within the DOD budget, the bill provides appropriations for
The bill provides appropriations for Other Department of Defense Programs, including
The bill provides appropriations for (1) Related Agencies, including the Central Intelligence Agency Retirement and Disability System Fund and the Intelligence Community Management Account; and (2) Overseas Contingency Operations/Global War on Terrorism.
The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations Acts.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7617 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 364
116th CONGRESS
  2d Session
                                H. R. 7617

                          [Report No. 116-453]

Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2021, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2020

   Mr. Visclosky, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2021, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2021, for 
military functions administered by the Department of Defense and for 
other purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $44,936,603,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $33,757,999,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $14,534,551,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officers' Training Corps; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, $32,675,965,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 7038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $5,025,216,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $2,223,690,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$857,394,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $2,179,763,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under sections 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$8,639,005,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$4,525,466,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law, 
$40,424,428,000: Provided, That not to exceed $12,478,000 can be used 
for emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Army, and payments may be 
made on his certificate of necessity for confidential military 
purposes.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law, $49,248,117,000: Provided, That not to exceed 
$15,055,000 can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary of the Navy, 
and payments may be made on his certificate of necessity for 
confidential military purposes.

                Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$7,512,336,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law, 
$33,595,328,000: Provided, That not to exceed $7,699,000 can be used 
for emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Air Force, and payments 
may be made on his certificate of necessity for confidential military 
purposes.

                 Operation and Maintenance, Space Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Space Force, as authorized by law, 
$2,498,544,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$38,967,817,000: Provided, That not more than $6,859,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code: Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity 
for confidential military purposes: Provided further, That of the funds 
provided under this heading, not less than $48,000,000 shall be made 
available for the Procurement Technical Assistance Cooperative 
Agreement Program, of which not less than $4,500,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That 
none of the funds appropriated or otherwise made available by this Act 
may be used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of 
Defense, the office of the Secretary of a military department, or the 
service headquarters of one of the Armed Forces into a legislative 
affairs or legislative liaison office: Provided further, That 
$17,732,000, to remain available until expended, is available only for 
expenses relating to certain classified activities, and may be 
transferred as necessary by the Secretary of Defense to operation and 
maintenance appropriations or research, development, test and 
evaluation appropriations, to be merged with and to be available for 
the same time period as the appropriations to which transferred: 
Provided further, That any ceiling on the investment item unit cost of 
items that may be purchased with operation and maintenance funds shall 
not apply to the funds described in the preceding proviso: Provided 
further, That of the funds provided under this heading, $659,225,000, 
of which $164,806,000 to remain available until September 30, 2022, 
shall be available to provide support and assistance to foreign 
security forces or other groups or individuals to conduct, support or 
facilitate counterterrorism, crisis response, or other Department of 
Defense security cooperation programs; of which not less than 
$30,000,000 shall be available for International Security Cooperation 
Programs with countries in the United States Africa Command area of 
responsibility; of which not less than $130,000,000 shall be available 
for International Security Cooperation Programs with countries in the 
United States Southern Command area of responsibility; and not to 
exceed $21,814,000 shall be for Defense Security Cooperation Agency 
headquarters expenses: Provided further, That the Secretary of Defense 
shall notify the congressional defense committees in writing and not 
fewer than 15 days prior to obligating funds for International Security 
Cooperation Programs: Provided further, That the Secretary of Defense 
shall provide quarterly reports to the Committees on Appropriations of 
the House of Representatives and the Senate on the use and status of 
funds provided under this heading: Provided further, That the transfer 
authority provided under this heading is in addition to any other 
transfer authority provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,004,717,000.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,155,746,000.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $322,706,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,300,284,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $7,611,147,000.

             Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department 
of Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $6,853,942,000.

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $15,211,000, of which not to exceed 
$5,000 may be used for official representation purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $264,285,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                    Environmental Restoration, Navy

                     (including transfer of funds)

    For the Department of the Navy, $404,250,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

    For the Department of the Air Force, $509,250,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

    For the Department of Defense, $19,952,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

    For the Department of the Army, $288,750,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of 
title 10, United States Code), $147,500,000, to remain available until 
September 30, 2022: Provided, That such amounts shall not be subject to 
the limitation in section 407(c)(3) of title 10, United States Code.

                  Cooperative Threat Reduction Account

    For assistance, including assistance provided by contract or by 
grants, under programs and activities of the Department of Defense 
Cooperative Threat Reduction Program authorized under the Department of 
Defense Cooperative Threat Reduction Act, $360,190,000, to remain 
available until September 30, 2023.

    Department of Defense Acquisition Workforce Development Account

    For the Department of Defense Acquisition Workforce Development 
Account, $198,501,000, to remain available for obligation until 
September 30, 2021: Provided, That no other amounts may be otherwise 
credited or transferred to the Account, or deposited into the Account, 
in fiscal year 2021 pursuant to section 1705(d) of title 10, United 
States Code.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $3,503,013,000, to remain available for obligation until 
September 30, 2023.

                       Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $3,419,333,000, to remain available for obligation until 
September 30, 2023.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$3,696,263,000, to remain available for obligation until September 30, 
2023.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $2,789,898,000, to remain available for 
obligation until September 30, 2023.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$8,453,422,000, to remain available for obligation until September 30, 
2023.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $17,710,109,000, to remain available for obligation 
until September 30, 2023.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $4,378,594,000, to remain available 
for obligation until September 30, 2023.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $795,134,000, to remain available for 
obligation until September 30, 2023.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long lead time components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
    Columbia Class Submarine, $2,862,179,000;
    Columbia Class Submarine (AP), $1,123,175,000;
     Carrier Replacement Program (CVN-80), $904,800,000;
    Carrier Replacement Program (CVN-81), $1,606,432,000;
    Virginia Class Submarine, $4,603,213,000;
    Virginia Class Submarine (AP), $2,173,187,000;
     CVN Refueling Overhauls, $1,878,453,000;
    CVN Refueling Overhauls (AP), $17,384,000;
     DDG-1000 Program, $78,205,000;
    DDG-51 Destroyer, $2,931,245,000;
    DDG-51 Destroyer (AP), $29,297,000;
    FFG-Frigate, $1,053,123,000;
    LPD Flight II, $1,155,801,000;
    TAO Fleet Oiler, $20,000,000;
     Towing, Salvage, and Rescue Ship, $157,790,000;
     LCU 1700, $87,395,000;
    Service Craft, $244,147,000;
    LCAC SLEP, $56,461,000;
    For COVID-19 recovery for second, third, and fourth tier suppliers, 
$100,000,000;
    For outfitting, post delivery, conversions, and first destination 
transportation, $806,539,000; and
     Completion of Prior Year Shipbuilding Programs, $369,112,000.
    In all: $22,257,938,000, to remain available for obligation until 
September 30, 2025: Provided, That additional obligations may be 
incurred after September 30, 2025, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards: Provided further, That funds 
appropriated or otherwise made available by this Act for Columbia Class 
Submarine (AP) may be available for the purposes authorized by 
subsections (f), (g), (h) or (i) of section 2218a of title 10, United 
States Code, only in accordance with the provisions of the applicable 
subsection.

                        Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway, $9,986,796,000, to 
remain available for obligation until September 30, 2023: Provided, 
That such funds are also available for the maintenance, repair, and 
modernization of Pacific Fleet ships under a pilot program established 
for such purposes.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title, $2,693,354,000, to remain available for obligation 
until September 30, 2023.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $19,587,853,000, to remain available for 
obligation until September 30, 2023.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
rockets, and related equipment, including spare parts and accessories 
therefor; ground handling equipment, and training devices; expansion of 
public and private plants, Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of 
land, for the foregoing purposes, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior to approval 
of title; reserve plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing purposes 
including rents and transportation of things, $2,249,157,000, to remain 
available for obligation until September 30, 2023.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $609,338,000, to remain available for 
obligation until September 30, 2023.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; lease of passenger motor vehicles; and 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon, prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway, $23,603,470,000, to remain 
available for obligation until September 30, 2023.

                        Procurement, Space Force

    For construction, procurement, and modification of spacecraft, 
rockets, and related equipment, including spare parts and accessories 
therefor; ground handling equipment, and training devices; expansion of 
public and private plants, Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of 
land, for the foregoing purposes, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior to approval 
of title; reserve plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing purposes 
including rents and transportation of things, $2,289,934,000, to remain 
available for obligation until September 30, 2023.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of passenger motor vehicles for replacement only; expansion of 
public and private plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $5,418,220,000, to remain available for obligation until 
September 30, 2023.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
4518, 4531, 4532, and 4533), $191,931,000, to remain available until 
expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$13,126,499,000, to remain available for obligation until September 30, 
2022.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$20,165,874,000, to remain available for obligation until September 30, 
2022: Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces.

         Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$36,040,609,000, to remain available for obligation until September 30, 
2022.

        Research, Development, Test and Evaluation, Space Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$10,187,840,000, to remain available until September 30, 2022.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $24,617,177,000, to remain 
available for obligation until September 30, 2022.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and 
Evaluation, in the direction and supervision of operational test and 
evaluation, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith, $210,090,000, to remain available for obligation 
until September 30, 2022.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,348,910,000.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by law, 
$33,297,902,000; of which $31,097,781,000, shall be for operation and 
maintenance, of which not to exceed one percent shall remain available 
for obligation until September 30, 2022, and of which up to 
$16,024,715,000 may be available for contracts entered into under the 
TRICARE program; of which $557,896,000, to remain available for 
obligation until September 30, 2023, shall be for procurement; and of 
which $1,642,225,000, to remain available for obligation until 
September 30, 2022, shall be for research, development, test and 
evaluation: Provided, That, notwithstanding any other provision of law, 
of the amount made available under this heading for research, 
development, test and evaluation, not less than $8,000,000 shall be 
available for HIV prevention educational activities undertaken in 
connection with United States military training, exercises, and 
humanitarian assistance activities conducted primarily in African 
nations: Provided further, That of the funds provided under this 
heading for research, development, test and evaluation, not less than 
$1,020,500,000 shall be made available to the United States Army 
Medical Research and Development Command to carry out the 
congressionally directed medical research programs: Provided further, 
That the Secretary of Defense shall submit to the Congressional defense 
committees quarterly reports on the current status of the deployment of 
the electronic health record: Provided further, That the Secretary of 
Defense shall provide notice to the Congressional defense committees 
not later than ten business days after delaying the proposed timeline 
of such deployment if such delay is longer than one week: Provided 
further, That the Comptroller General of the United States shall 
perform quarterly performance reviews of such deployment.

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $889,500,000, of which $106,691,000 shall be 
for operation and maintenance, of which no less than $51,009,000 shall 
be for the Chemical Stockpile Emergency Preparedness Program, 
consisting of $22,235,000 for activities on military installations and 
$28,774,000, to remain available until September 30, 2022, to assist 
State and local governments; $616,000 shall be for procurement, to 
remain available until September 30, 2023, of which not less than 
$616,000 shall be for the Chemical Stockpile Emergency Preparedness 
Program to assist State and local governments; and $782,193,000, to 
remain available until September 30, 2022, shall be for research, 
development, test and evaluation, of which $775,699,000 shall only be 
for the Assembled Chemical Weapons Alternatives program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
operation and maintenance; for procurement; and for research, 
development, test and evaluation, $746,223,000, of which $421,029,000 
shall be for counter-narcotics support; $123,704,000 shall be for the 
drug demand reduction program; $195,979,000 shall be for the National 
Guard counter-drug program; and $5,511,000 shall be for the National 
Guard counter-drug schools program: Provided, That the funds 
appropriated under this heading shall be available for obligation for 
the same time period and for the same purpose as the appropriation to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act: Provided 
further, That funds appropriated under this heading for counter-
narcotics support may only be transferred 15 days following written 
notification to the congressional defense committees.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $387,696,000, of which $385,740,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; of which $858,000, to remain available for obligation until 
September 30, 2023, shall be for procurement; and of which $1,098,000, 
to remain available until September 30, 2022, shall be for research, 
development, test and evaluation.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $514,000,000.

               Intelligence Community Management Account

    For necessary expenses of the Intelligence Community Management 
Account, $619,728,000.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes not authorized by 
the Congress.
    Sec. 8002.  During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense: Provided, That salary increases granted 
to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980: Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.
    Sec. 8003.  No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year, 
unless expressly so provided herein.
    Sec. 8004.  No more than 20 percent of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training 
of the Reserve Officers' Training Corps.

                          (transfer of funds)

    Sec. 8005.  Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may, 
with the approval of the Office of Management and Budget, transfer not 
to exceed $1,000,000,000 of working capital funds of the Department of 
Defense or funds made available in this Act to the Department of 
Defense for military functions (except military construction) between 
such appropriations or funds or any subdivision thereof, to be merged 
with and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations of the House of Representatives and the 
Senate for reprogramming of funds, unless for higher priority items, 
based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress: Provided 
further, That a request for multiple reprogrammings of funds using 
authority provided in this section shall be made prior to June 30, 
2021: Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.
    Sec. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments to 
budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled Explanation of Project Level 
Adjustments in the explanatory statement regarding this Act, the 
obligation and expenditure of amounts appropriated or otherwise made 
available in this Act for those programs, projects, and activities for 
which the amounts appropriated exceed the amounts requested are hereby 
required by law to be carried out in the manner provided by such tables 
to the same extent as if the tables were included in the text of this 
Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act: Provided, That section 8005 
shall apply when transfers of the amounts described in subsection (a) 
occur between appropriation accounts.
    Sec. 8007. (a) Not later than 60 days after enactment of this Act, 
the Department of Defense shall submit a report to the congressional 
defense committees to establish the baseline for application of 
reprogramming and transfer authorities for fiscal year 2021: Provided, 
That the report shall include--
            (1) a table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.
    (b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency requirement: 
Provided, That this subsection shall not apply to transfers from the 
following appropriations accounts:
    ``Environmental Restoration, Army'';
    ``Environmental Restoration, Navy'';
    ``Environmental Restoration, Air Force'';
    ``Environmental Restoration, Defense-Wide''; and
    ``Environmental Restoration, Formerly Used Defense Sites''.

                          (transfer of funds)

    Sec. 8008.  During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disbursements 
to be made from such funds: Provided, That transfers may be made 
between such funds: Provided further, That transfers may be made 
between working capital funds and the ``Foreign Currency Fluctuations, 
Defense'' appropriation and the ``Operation and Maintenance'' 
appropriation accounts in such amounts as may be determined by the 
Secretary of Defense, with the approval of the Office of Management and 
Budget, except that such transfers may not be made unless the Secretary 
of Defense has notified the Congress of the proposed transfer: Provided 
further, That except in amounts equal to the amounts appropriated to 
working capital funds in this Act, no obligations may be made against a 
working capital fund to procure or increase the value of war reserve 
material inventory, unless the Secretary of Defense has notified the 
Congress prior to any such obligation.
    Sec. 8009.  Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees.
    Sec. 8010.  None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one year of 
the contract or that includes an unfunded contingent liability in 
excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, unless the 
congressional defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation 
contained in this Act shall be available to initiate multiyear 
procurement contracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 30-day prior notification to the 
congressional defense committees: Provided further, That the execution 
of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procurement: 
Provided further, That none of the funds provided in this Act may be 
used for a multiyear contract executed after the date of the enactment 
of this Act unless in the case of any such contract--
            (1) the Secretary of Defense has submitted to Congress a 
        budget request for full funding of units to be procured through 
        the contract and, in the case of a contract for procurement of 
        aircraft, that includes, for any aircraft unit to be procured 
        through the contract for which procurement funds are requested 
        in that budget request for production beyond advance 
        procurement activities in the fiscal year covered by the 
        budget, full funding of procurement of such unit in that fiscal 
        year;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the 
        contractor associated with the production of unfunded units to 
        be delivered under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.
    Sec. 8011.  Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of title 10, United States Code, and 
these obligations shall be reported as required by section 401(d) of 
title 10, United States Code: Provided, That funds available for 
operation and maintenance shall be available for providing humanitarian 
and similar assistance by using Civic Action Teams in the Trust 
Territories of the Pacific Islands and freely associated states of 
Micronesia, pursuant to the Compact of Free Association as authorized 
by Public Law 99-239: Provided further, That upon a determination by 
the Secretary of the Army that such action is beneficial for graduate 
medical education programs conducted at Army medical facilities located 
in Hawaii, the Secretary of the Army may authorize the provision of 
medical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana Islands, the 
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
    Sec. 8012. (a) During the current fiscal year, the civilian 
personnel of the Department of Defense may not be managed on the basis 
of any constraint or limitation in terms of man years, end strength, 
full-time equivalent positions, or maximum number of employees, but are 
to be managed primarily on the basis of, and in a manner consistent 
with--
            (1) the total force management policies and procedures 
        established under section 129a of title 10, United States Code;
            (2) the workload required to carry out the functions and 
        activities of the Department; and
            (3) the funds made available to the Department for such 
        fiscal year.
    (b) None of the funds appropriated by this Act may be used to 
reduce the civilian workforce programmed full time equivalent levels 
absent the appropriate analysis of the impacts of these reductions on 
workload, military force structure, lethality, readiness, operational 
effectiveness, stress on the military force, and fully burdened costs.
    (c) None of the funds appropriated by this Act may be used for term 
or temporary hiring authorities for enduring functions.
    (d) A projection of the number of full-time equivalent positions 
shall not be considered a constraint or limitation for purposes of 
subsection (a) and reducing funding for under-execution of such a 
projection shall not be considered managing based on a constraint or 
limitation for purposes of such subsection.
    (e) The fiscal year 2022 budget request for the Department of 
Defense, and any justification material and other documentation 
supporting such request, shall be prepared and submitted to Congress as 
if subsections (a) and (b) were effective with respect to such fiscal 
year.
    (f) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8013.  None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8014.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this section shall 
not apply to those members who have reenlisted with this option prior 
to October 1, 1987: Provided further, That this section applies only to 
active components of the Army.

                          (transfer of funds)

    Sec. 8015.  Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred 
to any other appropriation contained in this Act solely for the purpose 
of implementing a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as 
amended, under the authority of this provision or any other transfer 
authority contained in this Act.
    Sec. 8016.  None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States:  Provided, That for the purpose of 
this section, the term ``manufactured'' shall include cutting, heat 
treating, quality control, testing of chain and welding (including the 
forging and shot blasting process):  Provided further, That for the 
purpose of this section substantially all of the components of anchor 
and mooring chain shall be considered to be produced or manufactured in 
the United States if the aggregate cost of the components produced or 
manufactured in the United States exceeds the aggregate cost of the 
components produced or manufactured outside the United States:  
Provided further, That when adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis, 
the Secretary of the Service responsible for the procurement may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and 
the Senate that such an acquisition must be made in order to acquire 
capability for national security purposes.
    Sec. 8017.  None of the funds appropriated by this Act shall be 
used for the support of any nonappropriated funds activity of the 
Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the drink) on a military installation located in the United 
States unless such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located: Provided, 
That, in a case in which the military installation is located in more 
than one State, purchases may be made in any State in which the 
installation is located: Provided further, That such local procurement 
requirements for malt beverages and wine shall apply to all alcoholic 
beverages only for military installations in States which are not 
contiguous with another State:  Provided further, That alcoholic 
beverages other than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most competitive 
source, price and other factors considered.
    Sec. 8018.  None of the funds available to the Department of 
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or 
M-1911 pistols, or to demilitarize or destroy small arms ammunition or 
ammunition components that are not otherwise prohibited from commercial 
sale under Federal law, unless the small arms ammunition or ammunition 
components are certified by the Secretary of the Army or designee as 
unserviceable or unsafe for further use.
    Sec. 8019.  No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region:  
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the best 
interest of the Government.
    Sec. 8020.  In addition to the funds provided elsewhere in this 
Act, $25,000,000 is appropriated only for incentive payments authorized 
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):  
Provided, That a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier as defined 
in section 1544 of title 25, United States Code, or a small business 
owned and controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code, shall be considered a 
contractor for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
appropriations for the Department of Defense with respect to any fiscal 
year:  Provided further, That notwithstanding section 1906 of title 41, 
United States Code, this section shall be applicable to any Department 
of Defense acquisition of supplies or services, including any contract 
and any subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part, by any subcontractor or 
supplier defined in section 1544 of title 25, United States Code, or a 
small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code.
    Sec. 8021.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.
    Sec. 8022.  During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section:  Provided, That, 
upon receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.
    Sec. 8023. (a) The Secretary of Defense shall notify the 
congressional defense committees in writing not more than 15 days after 
the receipt of any contribution of funds received from the government 
of a foreign country for any purpose relating to the stationing or 
operations of the United States Armed Forces.
    (b) Any notification submitted under subsection (a) shall include 
the amount of the contribution; the purpose for which such contribution 
was made; and the authority under which such contribution was accepted 
by the Secretary of Defense.
    (c) The Secretary of Defense shall, not fewer than 15 days prior to 
obligating funds received pursuant to subsection (a), submit to the 
congressional defense committees in writing a notification of the 
details of any such obligation, including--
            (1) the total amount of such contributions and the date 
        received;
            (2) the account or accounts to which such contributions 
        were deposited and may be subsequently transferred;
            (3) a description of the purpose for which such 
        contributions were made; any contributions expected in future 
        years from the foreign country; any agreement or memorandum of 
        understanding between the United States and such country 
        relating to such contributions; and any associated in-kind 
        contributions;
            (4) the planned use of such contributions, including 
        whether such contributions would support existing or new 
        stationing or operations of the United States Armed Forces; and
            (5) a list of any additional congressional action or 
        notification (other than the notification required by this 
        section) needed prior to the obligation or expenditure of such 
        contributions.
    (d) Nothing in this section may be construed to authorize the 
Secretary to accept contributions from a foreign country.
    Sec. 8024. (a) Of the funds made available in this Act, not less 
than $56,205,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $43,205,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol 
        Corporation operation and maintenance, readiness, counter-drug 
        activities, and drug demand reduction activities involving 
        youth programs;
            (2) $11,200,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $1,800,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.
    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8025. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other nonprofit 
entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to any 
defense FFRDC, except when acting in a technical advisory capacity, may 
be compensated for his or her services as a member of such entity, or 
as a paid consultant by more than one FFRDC in a fiscal year:  
Provided, That a member of any such entity referred to previously in 
this subsection shall be allowed travel expenses and per diem as 
authorized under the Federal Joint Travel Regulations, when engaged in 
the performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during the current fiscal 
year may be used by a defense FFRDC, through a fee or other payment 
mechanism, for construction of new buildings not located on a military 
installation, for payment of cost sharing for projects funded by 
Government grants, for absorption of contract overruns, or for certain 
charitable contributions, not to include employee participation in 
community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2021, not more than 
6,110 staff years of technical effort (staff years) may be funded for 
defense FFRDCs:  Provided, That, of the specific amount referred to 
previously in this subsection, not more than 1,148 staff years may be 
funded for the defense studies and analysis FFRDCs:  Provided further, 
That this subsection shall not apply to staff years funded in the 
National Intelligence Program and the Military Intelligence Program.
    (e) The Secretary of Defense shall, with the submission of the 
department's fiscal year 2022 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year and the 
associated budget estimates.
    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby increased by 
$21,834,000: Provided, That this subsection shall not apply to 
appropriations for the National Intelligence Program (NIP) and the 
Military Intelligence Program (MIP).
    Sec. 8026.  None of the funds appropriated or made available in 
this Act shall be used to procure carbon, alloy, or armor steel plate 
for use in any Government-owned facility or property under the control 
of the Department of Defense which were not melted and rolled in the 
United States or Canada:  Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, American Society 
of Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate:  Provided 
further, That the Secretary of the military department responsible for 
the procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes:  Provided further, That 
these restrictions shall not apply to contracts which are in being as 
of the date of the enactment of this Act.
    Sec. 8027.  For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8028.  During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms:  
Provided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids:  Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
    Sec. 8029. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) The Secretary of Defense shall submit to the Congress a report 
on the amount of Department of Defense purchases from foreign entities 
in fiscal year 2021. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade Agreements Act 
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to 
which the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 8030.  During the current fiscal year, amounts contained in 
the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(c)(1) of the National 
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 
note) shall be available until expended for the payments specified by 
section 2921(c)(2) of that Act.
    Sec. 8031. (a) Notwithstanding any other provision of law, the 
Secretary of the Air Force may convey at no cost to the Air Force, 
without consideration, to Indian tribes located in the States of 
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, 
and Washington relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force 
Base, Ellsworth Air Force Base, and Minot Air Force Base that are 
excess to the needs of the Air Force.
    (b) The Secretary of the Air Force shall convey, at no cost to the 
Air Force, military housing units under subsection (a) in accordance 
with the request for such units that are submitted to the Secretary by 
the Operation Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, 
Oregon, Minnesota, and Washington. Any such conveyance shall be subject 
to the condition that the housing units shall be removed within a 
reasonable period of time, as determined by the Secretary.
    (c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests to the Secretary of the Air 
Force under subsection (b).
    (d) In this section, the term ``Indian tribe'' means any recognized 
Indian tribe included on the current list published by the Secretary of 
the Interior under section 104 of the Federally Recognized Indian Tribe 
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
    Sec. 8032.  During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment item 
unit cost of not more than $250,000.
    Sec. 8033.  Up to $14,000,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' may be made available for 
the Asia Pacific Regional Initiative Program for the purpose of 
enabling the United States Indo-Pacific Command to execute Theater 
Security Cooperation activities such as humanitarian assistance, and 
payment of incremental and personnel costs of training and exercising 
with foreign security forces:  Provided, That funds made available for 
this purpose may be used, notwithstanding any other funding authorities 
for humanitarian assistance, security assistance or combined exercise 
expenses:  Provided further, That funds may not be obligated to provide 
assistance to any foreign country that is otherwise prohibited from 
receiving such type of assistance under any other provision of law.
    Sec. 8034.  The Secretary of Defense shall issue regulations to 
prohibit the sale of any tobacco or tobacco-related products in 
military resale outlets in the United States, its territories and 
possessions at a price below the most competitive price in the local 
community:  Provided, That such regulations shall direct that the 
prices of tobacco or tobacco-related products in overseas military 
retail outlets shall be within the range of prices established for 
military retail system stores located in the United States.
    Sec. 8035. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 2022 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2022 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2022 procurement appropriation and not in the supply 
management business area or any other area or category of the 
Department of Defense Working Capital Funds.
    Sec. 8036.  None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2022:  Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended:  Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947 (50 
U.S.C. 3093) shall remain available until September 30, 2022: Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for the construction, improvement, or alteration of 
facilities, including leased facilities, to be used primarily by 
personnel of the intelligence community shall remain available until 
September 30, 2023.
    Sec. 8037.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $12,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8038. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, 
in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means 
chapter 83 of title 41, United States Code.
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
    Sec. 8039. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.
    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, 
if the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and the Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program;
            (2) an Army field operating agency established to 
        eliminate, mitigate, or counter the effects of improvised 
        explosive devices, and, as determined by the Secretary of the 
        Army, other similar threats;
            (3) an Army field operating agency established to improve 
        the effectiveness and efficiencies of biometric activities and 
        to integrate common biometric technologies throughout the 
        Department of Defense; or
            (4) an Air Force field operating agency established to 
        administer the Air Force Mortuary Affairs Program and Mortuary 
        Operations for the Department of Defense and authorized Federal 
        entities.
    Sec. 8040. (a) None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by Department of Defense civilian 
employees unless--
            (1) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (2) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers 
        for performance of the activity or function, the cost of 
        performance of the activity or function by a contractor would 
        be less costly to the Department of Defense by an amount that 
        equals or exceeds the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that 
                activity or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or 
                function under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees 
                under chapter 89 of title 5, United States Code.
    (b)(1) The Department of Defense, without regard to subsection (a) 
of this section or subsection (a), (b), or (c) of section 2461 of title 
10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that--
            (A) is included on the procurement list established 
        pursuant to section 2 of the Javits-Wagner-O'Day Act (section 
        8503 of title 41, United States Code);
            (B) is planned to be converted to performance by a 
        qualified nonprofit agency for the blind or by a qualified 
        nonprofit agency for other severely handicapped individuals in 
        accordance with that Act; or
            (C) is planned to be converted to performance by a 
        qualified firm under at least 51 percent ownership by an Indian 
        tribe, as defined in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)), 
        or a Native Hawaiian Organization, as defined in section 
        8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
    (2) This section shall not apply to depot contracts or contracts 
for depot maintenance as provided in sections 2469 and 2474 of title 
10, United States Code.
    (c) The conversion of any activity or function of the Department of 
Defense under the authority provided by this section shall be credited 
toward any competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is deemed to 
be awarded under the authority of, and in compliance with, subsection 
(h) of section 2304 of title 10, United States Code, for the 
competition or outsourcing of commercial activities.

                              (rescissions)

    Sec. 8041.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:  Provided, 
That no amounts may be rescinded from amounts that were designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism or as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended:
    ``Weapons and Tracked Combat Vehicles, Army'', 2019/2021, 
$14,250,000;
    ``Other Procurement, Army'', 2019/2021, $12,953,000;
    ``Aircraft Procurement, Navy'', 2019/2021, $7,983,000;
    ``Other Procurement, Navy'', 2019/2021, $2,226,000;
    ``Aircraft Procurement, Air Force'', 2019/2021, $236,624,000;
    ``Other Procurement, Air Force'', 2019/2021, $12,400,000;
    ``Operation and Maintenance, Defense-Wide: Defense Security 
Cooperation Agency'', 2020/2021, $20,000,000;
    ``Weapons and Tracked Combat Vehicles, Army'', 2020/2022, 
$93,840,000;
    ``Other Procurement, Army'', 2020/2022, $10,878,000;
    ``Aircraft Procurement, Navy'', 2020/2022, $351,009,000;
    ``Shipbuilding and Conversation, Navy: CVN Refueling Overhauls'', 
2020/2024, $13,100,000;
    ``Shipbuilding and Conversion, Navy: TAO Fleet Oiler (AP)'', 2020/
2024, $73,000,000;
    ``Other Procurement, Navy'', 2020/2022, $60,920,000;
    ``Procurement, Marine Corps'', 2020/2022, $33,539,000;
    ``Aircraft Procurement, Air Force'', 2020/2022, $439,458,000;
    ``Missile Procurement, Air Force'', 2020/2022, $24,500,000;
    ``Other Procurement, Air Force'', 2020/2022, $11,226,000;
    ``Research, Development, Test and Evaluation, Army'', 2020/2021, 
$310,622,000;
    ``Research, Development, Test and Evaluation, Navy'', 2020/2021, 
$70,000,000;
    ``Research, Development, Test and Evaluation, Air Force'', 2020/
2021, $219,341,000;
    ``Research, Development, Test and Evaluation, Defense-Wide'', 2020/
2021, $323,231,000; and
    ``Defense Counterintelligence and Security Agency Working Capital 
Fund'', 2020/20XX, $150,000,000.
    Sec. 8042.  None of the funds available in this Act may be used to 
reduce the authorized positions for military technicians (dual status) 
of the Army National Guard, Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military 
technicians (dual status), unless such reductions are a direct result 
of a reduction in military force structure.
    Sec. 8043.  None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of Korea unless specifically 
appropriated for that purpose.
    Sec. 8044.  Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program and the Military Intelligence Program:  Provided, 
That nothing in this section authorizes deviation from established 
Reserve and National Guard personnel and training procedures.
    Sec. 8045. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence Agency 
for any fiscal year for drug interdiction or counter-drug activities 
may be transferred to any other department or agency of the United 
States except as specifically provided in an appropriations law.
    Sec. 8046.  None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin:  Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes:  Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 103 of title 41, United States Code, except that the 
restriction shall apply to ball or roller bearings purchased as end 
items.
    Sec. 8047.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $47,500,000 is hereby 
appropriated to the Department of Defense:  Provided, That upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, the Secretary shall make grants in the amounts 
specified as follows: $22,500,000 to the United Service Organizations 
and $25,000,000 to the Red Cross.
    Sec. 8048.  None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8049.  Notwithstanding any other provision in this Act, the 
Small Business Innovation Research program and the Small Business 
Technology Transfer program set-asides shall be taken proportionally 
from all programs, projects, or activities to the extent they 
contribute to the extramural budget.
    Sec. 8050.  None of the funds available to the Department of 
Defense under this Act shall be obligated or expended to pay a 
contractor under a contract with the Department of Defense for costs of 
any amount paid by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of 
        the normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

                     (including transfer of funds)

    Sec. 8051.  During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' may be transferred to 
appropriations available for the pay of military personnel, to be 
merged with, and to be available for the same time period as the 
appropriations to which transferred, to be used in support of such 
personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code.
    Sec. 8052.  During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under 
the provisions of section 1552 of title 31, United States Code, and 
which has a negative unliquidated or unexpended balance, an obligation 
or an adjustment of an obligation may be charged to any current 
appropriation account for the same purpose as the expired or closed 
account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is 
        not chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note):  Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge 
        to a current account under the authority of this section shall 
        be reversed and recorded against the expired account:  Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account:
  Provided, That the Under Secretary of Defense (Comptroller) shall 
include with the budget of the President for fiscal year 2022 (as 
submitted to Congress pursuant to section 1105 of title 31, United 
States Code) a statement describing each instance if any, during each 
of the fiscal years 2016 through 2021 in which the authority in this 
section was exercised.
    Sec. 8053. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.

                      (including transfer of funds)

    Sec. 8054.  Of the funds appropriated in this Act under the heading 
``Operation and Maintenance, Defense-Wide'', $40,000,000 shall be for 
continued implementation and expansion of the Sexual Assault Special 
Victims' Counsel Program:  Provided, That the funds are made available 
for transfer to the Department of the Army, the Department of the Navy, 
and the Department of the Air Force:  Provided further, That funds 
transferred shall be merged with and available for the same purposes 
and for the same time period as the appropriations to which the funds 
are transferred:  Provided further, That this transfer authority is in 
addition to any other transfer authority provided in this Act.
    Sec. 8055.  None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements:  
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use:  Provided further, That the Secretary 
of Defense shall, at the time of the submittal to Congress of the 
budget of the President for fiscal year 2022 pursuant to section 1105 
of title 31, United States Code, submit to the congressional defense 
committees a report detailing the use of funds requested in research, 
development, test and evaluation accounts for end-items used in 
development, prototyping and test activities preceding and leading to 
acceptance for operational use:  Provided further, That the report 
shall set forth, for each end-item covered by the preceding proviso, a 
detailed list of the statutory authorities under which amounts in the 
accounts described in that proviso were used for such item:  Provided 
further, That this restriction does not apply to programs funded within 
the National Intelligence Program:  Provided further, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the national 
security interest to do so.
    Sec. 8056. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if 
the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason 
        other than the application of a waiver granted under subsection 
        (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section XI (chapters 50-65) 
of the Harmonized Tariff Schedule of the United States and products 
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
    Sec. 8057.  None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts 
may be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8058.  Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for any new start advanced concept 
technology demonstration project or joint capability demonstration 
project may only be obligated 45 days after a report, including a 
description of the project, the planned acquisition and transition 
strategy and its estimated annual and total cost, has been provided in 
writing to the congressional defense committees.
    Sec. 8059.  The Secretary of Defense shall continue to provide a 
classified quarterly report to the Committees on Appropriations of the 
House of Representatives and the Senate, Subcommittees on Defense on 
certain matters as directed in the classified annex accompanying this 
Act.
    Sec. 8060.  Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8061.  None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to the 
satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.
    Sec. 8062.  Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau, or his designee, may waive payment of all 
or part of the consideration that otherwise would be required under 
section 2667 of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to any 
organization specified in section 508(d) of title 32, United States 
Code, or any other youth, social, or fraternal nonprofit organization 
as may be approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.

                     (including transfer of funds)

    Sec. 8063.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $137,724,000 shall remain 
available until expended:  Provided, That, notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government:  Provided 
further, That the Secretary of Defense is authorized to enter into and 
carry out contracts for the acquisition of real property, construction, 
personal services, and operations related to projects carrying out the 
purposes of this section:  Provided further, That contracts entered 
into under the authority of this section may provide for such 
indemnification as the Secretary determines to be necessary:  Provided 
further, That projects authorized by this section shall comply with 
applicable Federal, State, and local law to the maximum extent 
consistent with the national security, as determined by the Secretary 
of Defense.
    Sec. 8064. (a) None of the funds appropriated in this or any other 
Act may be used to take any action to modify--
    (1) the appropriations account structure for the National 
Intelligence Program budget, including through the creation of a new 
appropriation or new appropriation account;
    (2) how the National Intelligence Program budget request is 
presented in the unclassified P-1, R-1, and O-1 documents supporting 
the Department of Defense budget request;
    (3) the process by which the National Intelligence Program 
appropriations are apportioned to the executing agencies; or
    (4) the process by which the National Intelligence Program 
appropriations are allotted, obligated, and disbursed.
    (b) Nothing in subsection (a) shall be construed to prohibit the 
merger of programs or changes to the National Intelligence Program 
budget at or below the Expenditure Center level, provided such change 
is otherwise in accordance with paragraphs (a)(1)-(3).
    Sec. 8065.  In addition to amounts provided elsewhere in this Act, 
$5,000,000 is hereby appropriated to the Department of Defense, to 
remain available for obligation until expended:  Provided, That 
notwithstanding any other provision of law, that upon the determination 
of the Secretary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher House 
Foundation, Inc., only for the construction and furnishing of 
additional Fisher Houses to meet the needs of military family members 
when confronted with the illness or hospitalization of an eligible 
military beneficiary.

                     (including transfer of funds)

    Sec. 8066.  Of the amounts appropriated for ``Operation and 
Maintenance, Navy'', up to $1,000,000 shall be available for transfer 
to the John C. Stennis Center for Public Service Development Trust Fund 
established under section 116 of the John C. Stennis Center for Public 
Service Training and Development Act (2 U.S.C. 1105).
    Sec. 8067.  None of the funds available to the Department of 
Defense may be obligated to modify command and control relationships to 
give Fleet Forces Command operational and administrative control of 
United States Navy forces assigned to the Pacific fleet:  Provided, 
That the command and control relationships which existed on October 1, 
2004, shall remain in force until a written modification has been 
proposed to the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided further, That the proposed 
modification may be implemented 30 days after the notification unless 
an objection is received from either the House or Senate Appropriations 
Committees:  Provided further, That any proposed modification shall not 
preclude the ability of the commander of United States Indo-Pacific 
Command to meet operational requirements.
    Sec. 8068.  Any notice that is required to be submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate under section 806(c)(4) of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) after the 
date of the enactment of this Act shall be submitted pursuant to that 
requirement concurrently to the Subcommittees on Defense of the 
Committees on Appropriations of the House of Representatives and the 
Senate.

                     (including transfer of funds)

    Sec. 8069.  Of the amounts appropriated in this Act under the 
headings ``Procurement, Defense-Wide'' and ``Research, Development, 
Test and Evaluation, Defense-Wide'', $500,000,000 shall be for the 
Israeli Cooperative Programs:  Provided, That of this amount, 
$73,000,000 shall be for the Secretary of Defense to provide to the 
Government of Israel for the procurement of the Iron Dome defense 
system to counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended; $177,000,000 shall 
be for the Short Range Ballistic Missile Defense (SRBMD) program, 
including cruise missile defense research and development under the 
SRBMD program, of which $50,000,000 shall be for co-production 
activities of SRBMD systems in the United States and in Israel to meet 
Israel's defense requirements consistent with each nation's laws, 
regulations, and procedures, subject to the U.S.-Israeli co-production 
agreement for SRBMD, as amended; $77,000,000 shall be for an upper-tier 
component to the Israeli Missile Defense Architecture, of which 
$77,000,000 shall be for co-production activities of Arrow 3 Upper Tier 
systems in the United States and in Israel to meet Israel's defense 
requirements consistent with each nation's laws, regulations, and 
procedures, subject to the U.S.-Israeli co-production agreement for 
Arrow 3 Upper Tier, as amended; and $173,000,000 shall be for the Arrow 
System Improvement Program including development of a long range, 
ground and airborne, detection suite:  Provided further, That the 
transfer authority provided under this provision is in addition to any 
other transfer authority contained in this Act.

                      (including transfer of funds)

    Sec. 8070.  Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $369,112,000 shall be 
available until September 30, 2021, to fund prior year shipbuilding 
cost increases:  Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer funds to the following 
appropriations in the amounts specified:  Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred to:
            (1) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2008/2021: Carrier Replacement Program $71,000,000;
            (2) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2015/2021: DDG-51 Destroyer $9,634,000;
            (3) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2016/2021: CVN Refueling Overhauls $198,000,000;
            (4) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2016/2021: LPD-17 $30,578,000;
            (5) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2016/2021: TAO Fleet Oiler $42,500,000; and
            (6) Under the heading ``Shipbuilding and Conversion, 
        Navy'', 2018/2021: TAO Fleet Oiler $17,400,000.
    Sec. 8071.  Funds appropriated by this Act, or made available by 
the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 3094) 
during fiscal year 2021 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2021.
    Sec. 8072.  None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming of 
funds that creates or initiates a new program, project, or activity, 
unless the Secretary of Defense notifies the congressional defense 
committees not less than 30 days in advance (or in an emergency, as far 
in advance as practicable) that such program, project, or activity must 
be undertaken immediately in the interest of national security and only 
after written prior notification to the congressional defense 
committees.
    Sec. 8073.  The budget of the President for fiscal year 2022 
submitted to the Congress pursuant to section 1105 of title 31, United 
States Code, shall include separate budget justification documents for 
costs of United States Armed Forces' participation in contingency 
operations for the Military Personnel accounts, the Operation and 
Maintenance accounts, the Procurement accounts, and the Research, 
Development, Test and Evaluation accounts:  Provided, That these 
documents shall include a description of the funding requested for each 
contingency operation, for each military service, including all Active 
and Reserve components, and for each appropriations account:  Provided 
further, That these documents shall include estimated costs for each 
element of expense or object class, a reconciliation of increases and 
decreases for each contingency operation, and programmatic data 
including, but not limited to, troop strength for each Active and 
Reserve component, and estimates of the major weapons systems deployed 
in support of each contingency:  Provided further, That these documents 
shall include budget exhibits OP-5 and OP-32 (as defined in the 
Department of Defense Financial Management Regulation) for all 
contingency operations for the budget year and the two preceding fiscal 
years.
    Sec. 8074.  None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.
    Sec. 8075.  The Secretary of Defense may use up to $500,000,000 of 
the amounts appropriated or otherwise made available in this Act to the 
Department of Defense for the rapid acquisition and deployment of 
supplies and associated support services pursuant to section 806 of the 
Bob Stump National Defense Authorization Act for Fiscal Year 2003 
(Public Law 107-314; 10 U.S.C. 2302 note):  Provided, That the 
Secretary of Defense shall notify the congressional defense committees 
promptly of all uses of such authority.
    Sec. 8076.  None of the funds appropriated or made available in 
this Act shall be used to reduce or disestablish the operation of the 
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission below the 
levels funded in this Act:  Provided, That the Air Force shall allow 
the 53rd Weather Reconnaissance Squadron to perform other missions in 
support of national defense requirements during the non-hurricane 
season.
    Sec. 8077.  None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during the 
conduct of authorized foreign intelligence activities:  Provided, That 
information pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8078. (a) None of the funds appropriated by this Act may be 
used to transfer research and development, acquisition, or other 
program authority relating to current tactical unmanned aerial vehicles 
(TUAVs) from the Army.
    (b) The Army shall retain responsibility for and operational 
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order 
to support the Secretary of Defense in matters relating to the 
employment of unmanned aerial vehicles.
    Sec. 8079.  None of the funds appropriated by this Act for programs 
of the Office of the Director of National Intelligence shall remain 
available for obligation beyond the current fiscal year, except for 
funds appropriated for research and technology, which shall remain 
available until September 30, 2022.
    Sec. 8080.  For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered 
to be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in any prior 
fiscal year, and the 1 percent limitation shall apply to the total 
amount of the appropriation.
    Sec. 8081. (a) Not later than 60 days after the date of enactment 
of this Act, the Director of National Intelligence shall submit a 
report to the congressional intelligence committees to establish the 
baseline for application of reprogramming and transfer authorities for 
fiscal year 2021:  Provided, That the report shall include--
            (1) a table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation by 
        Expenditure Center and project; and
            (3) an identification of items of special congressional 
        interest.
    (b) None of the funds provided for the National Intelligence 
Program in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional intelligence committees, unless the Director of National 
Intelligence certifies in writing to the congressional intelligence 
committees that such reprogramming or transfer is necessary as an 
emergency requirement.
    Sec. 8082.  Notwithstanding any other provision of law, any 
transfer of funds, appropriated or otherwise made available by this 
Act, for support to friendly foreign countries in connection with the 
conduct of operations in which the United States is not participating, 
pursuant to section 331(d) of title 10, United States Code, shall be 
made in accordance with section 8005 or 9002 of this Act, as 
applicable.
    Sec. 8083.  Any transfer of amounts appropriated to, credited to, 
or deposited in the Department of Defense Acquisition Workforce 
Development Account in or for fiscal year 2021 to a military department 
or Defense Agency pursuant to section 1705(e)(1) of title 10, United 
States Code, shall be covered by and subject to section 8005 or 9002 of 
this Act, as applicable.
    Sec. 8084.  None of the funds made available by this Act for excess 
defense articles, assistance under section 333 of title 10, United 
States Code, or peacekeeping operations for the countries designated 
annually to be in violation of the standards of the Child Soldiers 
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be 
used to support any military training or operation that includes child 
soldiers, as defined by the Child Soldiers Prevention Act of 2008, 
unless such assistance is otherwise permitted under section 404 of the 
Child Soldiers Prevention Act of 2008.
    Sec. 8085. (a) None of the funds provided for the National 
Intelligence Program in this or any prior appropriations Act shall be 
available for obligation or expenditure through a reprogramming or 
transfer of funds in accordance with section 102A(d) of the National 
Security Act of 1947 (50 U.S.C. 3024(d)) that--
            (1) creates a new start effort;
            (2) terminates a program with appropriated funding of 
        $10,000,000 or more;
            (3) transfers funding into or out of the National 
        Intelligence Program; or
            (4) transfers funding between appropriations, unless the 
        congressional intelligence committees are notified 30 days in 
        advance of such reprogramming of funds; this notification 
        period may be reduced for urgent national security 
        requirements.
    (b) None of the funds provided for the National Intelligence 
Program in this or any prior appropriations Act shall be available for 
obligation or expenditure through a reprogramming or transfer of funds 
in accordance with section 102A(d) of the National Security Act of 1947 
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease 
of the levels specified in the classified annex accompanying the Act 
unless the congressional intelligence committees are notified 30 days 
in advance of such reprogramming of funds; this notification period may 
be reduced for urgent national security requirements.
    Sec. 8086.  For the purposes of this Act, the term ``congressional 
intelligence committees'' means the Permanent Select Committee on 
Intelligence of the House of Representatives, the Select Committee on 
Intelligence of the Senate, the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives, and the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate.

                     (including transfer of funds)

    Sec. 8087.  During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of this 
Act for ``Operation and Maintenance, Army'', ``Operation and 
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may 
be transferred by the military department concerned to its central fund 
established for Fisher Houses and Suites pursuant to section 2493(d) of 
title 10, United States Code.
    Sec. 8088.  None of the funds appropriated by this Act may be 
available for the purpose of making remittances to the Department of 
Defense Acquisition Workforce Development Account in accordance with 
section 1705 of title 10, United States Code.
    Sec. 8089. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public Web 
site of that agency any report required to be submitted by the Congress 
in this or any other Act, upon the determination by the head of the 
agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.
    Sec. 8090. (a) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal contract for an 
amount in excess of $1,000,000, unless the contractor agrees not to--
            (1) enter into any agreement with any of its employees or 
        independent contractors that requires, as a condition of 
        employment, that the employee or independent contractor agree 
        to resolve through arbitration any claim under title VII of the 
        Civil Rights Act of 1964 or any tort related to or arising out 
        of sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention; 
        or
            (2) take any action to enforce any provision of an existing 
        agreement with an employee or independent contractor that 
        mandates that the employee or independent contractor resolve 
        through arbitration any claim under title VII of the Civil 
        Rights Act of 1964 or any tort related to or arising out of 
        sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention.
    (b) None of the funds appropriated or otherwise made available by 
this Act may be expended for any Federal contract unless the contractor 
certifies that it requires each covered subcontractor to agree not to 
enter into, and not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of subsection (a), 
with respect to any employee or independent contractor performing work 
related to such subcontract. For purposes of this subsection, a 
``covered subcontractor'' is an entity that has a subcontract in excess 
of $1,000,000 on a contract subject to subsection (a).
    (c) The prohibitions in this section do not apply with respect to a 
contractor's or subcontractor's agreements with employees or 
independent contractors that may not be enforced in a court of the 
United States.
    (d) The Secretary of Defense may waive the application of 
subsection (a) or (b) to a particular contractor or subcontractor for 
the purposes of a particular contract or subcontract if the Secretary 
or the Deputy Secretary personally determines that the waiver is 
necessary to avoid harm to national security interests of the United 
States, and that the term of the contract or subcontract is not longer 
than necessary to avoid such harm. The determination shall set forth 
with specificity the grounds for the waiver and for the contract or 
subcontract term selected, and shall state any alternatives considered 
in lieu of a waiver and the reasons each such alternative would not 
avoid harm to national security interests of the United States. The 
Secretary of Defense shall transmit to Congress, and simultaneously 
make public, any determination under this subsection not less than 15 
business days before the contract or subcontract addressed in the 
determination may be awarded.

                     (including transfer of funds)

    Sec. 8091.  From within the funds appropriated for operation and 
maintenance for the Defense Health Program in this Act, up to 
$137,000,000, shall be available for transfer to the Joint Department 
of Defense-Department of Veterans Affairs Medical Facility 
Demonstration Fund in accordance with the provisions of section 1704 of 
the National Defense Authorization Act for Fiscal Year 2010, Public Law 
111-84:  Provided, That for purposes of section 1704(b), the facility 
operations funded are operations of the integrated Captain James A. 
Lovell Federal Health Care Center, consisting of the North Chicago 
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and 
supporting facilities designated as a combined Federal medical facility 
as described by section 706 of Public Law 110-417:  Provided further, 
That additional funds may be transferred from funds appropriated for 
operation and maintenance for the Defense Health Program to the Joint 
Department of Defense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Secretary of 
Defense to the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 8092.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Defense or a 
component thereof in contravention of the provisions of section 130h of 
title 10, United States Code.
    Sec. 8093.  Appropriations available to the Department of Defense 
may be used for the purchase of heavy and light armored vehicles for 
the physical security of personnel or for force protection purposes up 
to a limit of $450,000 per vehicle, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying vehicles.

                     (including transfer of funds)

    Sec. 8094.  Upon a determination by the Director of National 
Intelligence that such action is necessary and in the national 
interest, the Director may, with the approval of the Office of 
Management and Budget, transfer not to exceed $1,000,000,000 of the 
funds made available in this Act for the National Intelligence Program: 
 Provided, That such authority to transfer may not be used unless for 
higher priority items, based on unforeseen intelligence requirements, 
than those for which originally appropriated and in no case where the 
item for which funds are requested has been denied by the Congress:  
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made prior to June 
30, 2021.
    Sec. 8095.  None of the funds made available by this Act may be 
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et 
seq.).
    Sec. 8096. (a) None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the Secretary of 
Defense, or any other official or officer of the Department of Defense, 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, or make a grant to, or provide a loan or loan guarantee 
to Rosoboronexport or any subsidiary of Rosoboronexport.
    (b) The Secretary of Defense may waive the limitation in subsection 
(a) if the Secretary, in consultation with the Secretary of State and 
the Director of National Intelligence, determines that it is in the 
vital national security interest of the United States to do so, and 
certifies in writing to the congressional defense committees that--
            (1) Rosoboronexport has ceased the transfer of lethal 
        military equipment to, and the maintenance of existing lethal 
        military equipment for, the Government of the Syrian Arab 
        Republic;
            (2) the armed forces of the Russian Federation have 
        withdrawn from Crimea, other than armed forces present on 
        military bases subject to agreements in force between the 
        Government of the Russian Federation and the Government of 
        Ukraine; and
            (3) agents of the Russian Federation have ceased taking 
        active measures to destabilize the control of the Government of 
        Ukraine over eastern Ukraine.
    (c) The Inspector General of the Department of Defense shall 
conduct a review of any action involving Rosoboronexport with respect 
to a waiver issued by the Secretary of Defense pursuant to subsection 
(b), and not later than 90 days after the date on which such a waiver 
is issued by the Secretary of Defense, the Inspector General shall 
submit to the congressional defense committees a report containing the 
results of the review conducted with respect to such waiver.
    Sec. 8097.  None of the funds made available in this Act may be 
used for the purchase or manufacture of a flag of the United States 
unless such flags are treated as covered items under section 2533a(b) 
of title 10, United States Code.
    Sec. 8098.  The Secretary of Defense shall post grant awards on a 
public website in a searchable format.
    Sec. 8099.  The Secretary of each military department, in reducing 
each research, development, test and evaluation and procurement account 
of the military department as required under paragraph (1) of section 
828(d) of the National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114-92; 10 U.S.C. 2430 note), as amended by section 
825(a)(3) of the National Defense Authorization Act for Fiscal Year 
2018, shall allocate the percentage reduction determined under 
paragraph (2) of such section 828(d) proportionally from all programs, 
projects, or activities under such account:  Provided, That the 
authority under section 804(d)(2) of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) to 
transfer amounts available in the Rapid Prototyping Fund shall be 
subject to section 8005 or 9002 of this Act, as applicable.
    Sec. 8100.  None of the funds made available by this Act may be 
used by the National Security Agency to--
            (1) conduct an acquisition pursuant to section 702 of the 
        Foreign Intelligence Surveillance Act of 1978 for the purpose 
        of targeting a United States person; or
            (2) acquire, monitor, or store the contents (as such term 
        is defined in section 2510(8) of title 18, United States Code) 
        of any electronic communication of a United States person from 
        a provider of electronic communication services to the public 
        pursuant to section 501 of the Foreign Intelligence 
        Surveillance Act of 1978.
    Sec. 8101.  None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of any 
agency funded by this Act who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of 
another Federal agency not financed by this Act without the express 
authorization of Congress:  Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8102.  Of the amounts appropriated in this Act for ``Operation 
and Maintenance, Navy'', $436,029,000, to remain available until 
expended, may be used for any purposes related to the National Defense 
Reserve Fleet established under section 11 of the Merchant Ship Sales 
Act of 1946 (46 U.S.C. 57100):  Provided, That such amounts are 
available for reimbursements to the Ready Reserve Force, Maritime 
Administration account of the United States Department of 
Transportation for programs, projects, activities, and expenses related 
to the National Defense Reserve Fleet.
    Sec. 8103.  None of the funds made available in this Act may be 
obligated for activities authorized under section 1208 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 112-81; 125 Stat. 1621) to initiate support for, or expand support 
to, foreign forces, irregular forces, groups, or individuals unless the 
congressional defense committees are notified in accordance with the 
direction contained in the classified annex accompanying this Act, not 
less than 15 days before initiating such support:  Provided, That none 
of the funds made available in this Act may be used under section 1208 
for any activity that is not in support of an ongoing military 
operation being conducted by United States Special Operations Forces to 
combat terrorism:  Provided further, That the Secretary of Defense may 
waive the prohibitions in this section if the Secretary determines that 
such waiver is required by extraordinary circumstances and, by not 
later than 72 hours after making such waiver, notifies the 
congressional defense committees of such waiver.
    Sec. 8104. (a) None of the funds provided in this Act for the TAO 
Fleet Oiler program shall be used to award a new contract that provides 
for the acquisition of the following components unless those components 
are manufactured in the United States: Auxiliary equipment (including 
pumps) for shipboard services; propulsion equipment (including engines, 
reduction gears, and propellers); shipboard cranes; and spreaders for 
shipboard cranes.
    (b) None of the funds provided in this Act for the FFG(X) Frigate 
program shall be used to award a new contract that provides for the 
acquisition of the following components unless those components are 
manufactured in the United States: Air circuit breakers; gyrocompasses; 
electronic navigation chart systems; steering controls; pumps; 
propulsion and machinery control systems; totally enclosed lifeboats; 
auxiliary equipment pumps; shipboard cranes; auxiliary chill water 
systems; and propulsion propellers:  Provided, That the Secretary of 
the Navy shall incorporate United States manufactured propulsion 
engines and propulsion reduction gears into the FFG(X) Frigate program 
beginning not later than with the eleventh ship of the program.
    Sec. 8105.  No amounts credited or otherwise made available in this 
or any other Act to the Department of Defense Acquisition Workforce 
Development Account may be transferred to:
            (1) the Rapid Prototyping Fund established under section 
        804(d) of the National Defense Authorization Act for Fiscal 
        Year 2016 (10 U.S.C. 2302 note); or
            (2) credited to a military-department specific fund 
        established under section 804(d)(2) of the National Defense 
        Authorization Act for Fiscal Year 2016 (as amended by section 
        897 of the National Defense Authorization Act for Fiscal Year 
        2017).
    Sec. 8106.  None of the funds made available by this Act may be 
used for Government Travel Charge Card expenses by military or civilian 
personnel of the Department of Defense for gaming, or for entertainment 
that includes topless or nude entertainers or participants, as 
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and 
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
    Sec. 8107. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network is 
designed to block access to pornography websites.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities, or for any activity necessary 
for the national defense, including intelligence activities.
    Sec. 8108.  None of the funds appropriated by this Act may be made 
available to deliver F-35 air vehicles or any other F-35 weapon system 
equipment to the Republic of Turkey, except in accordance with section 
1245 of the National Defense Authorization Act for Fiscal Year 2020 
(Public Law 116-92).
    Sec. 8109.  Notwithstanding any other provision of law, any 
transfer of funds appropriated or otherwise made available by this Act 
to the Global Engagement Center established by section 1287 of the 
National Defense Authorization Act for Fiscal Year 2017 (Public Law 
114-328; 22 U.S.C. 2656 note) shall be made in accordance with section 
8005 or 9002 of this Act, as applicable.
    Sec. 8110.  In addition to amounts provided elsewhere in this Act, 
there is appropriated $270,000,000, for an additional amount for 
``Operation and Maintenance, Defense-Wide'', to remain available until 
expended:  Provided, That such funds shall only be available to the 
Secretary of Defense, acting through the Office of Economic Adjustment 
of the Department of Defense, or for transfer to the Secretary of 
Education, notwithstanding any other provision of law, to make grants, 
conclude cooperative agreements, or supplement other Federal funds to 
construct, renovate, repair, or expand elementary and secondary public 
schools on military installations in order to address capacity or 
facility condition deficiencies at such schools:  Provided further, 
That in making such funds available, the Office of Economic Adjustment 
or the Secretary of Education shall give priority consideration to 
those military installations with schools having the most serious 
capacity or facility condition deficiencies as determined by the 
Secretary of Defense:  Provided further, That as a condition of 
receiving funds under this section a local educational agency or State 
shall provide a matching share as described in the notice titled 
``Department of Defense Program for Construction, Renovation, Repair or 
Expansion of Public Schools Located on Military Installations'' 
published by the Department of Defense in the Federal Register on 
September 9, 2011 (76 Fed. Reg. 55883 et seq.):  Provided further, That 
these provisions apply to funds provided under this section, and to 
funds previously provided by Congress to construct, renovate, repair, 
or expand elementary and secondary public schools on military 
installations in order to address capacity or facility condition 
deficiencies at such schools to the extent such funds remain 
unobligated on the date of enactment of this section.
    Sec. 8111.  In carrying out the program described in the memorandum 
on the subject of ``Policy for Assisted Reproductive Services for the 
Benefit of Seriously or Severely Ill/Injured (Category II or III) 
Active Duty Service Members'' issued by the Assistant Secretary of 
Defense for Health Affairs on April 3, 2012, and the guidance issued to 
implement such memorandum, the Secretary of Defense shall apply such 
policy and guidance, except that--
            (1) the limitation on periods regarding embryo 
        cryopreservation and storage set forth in part III(G) and in 
        part IV(H) of such memorandum shall not apply; and
            (2) the term ``assisted reproductive technology'' shall 
        include embryo cryopreservation and storage without limitation 
        on the duration of such cryopreservation and storage.
    Sec. 8112.  None of the funds provided for, or otherwise made 
available, in this or any prior Act making appropriations to the 
Department of Defense, may be obligated or expended by the Secretary of 
Defense to provide motorized vehicles, aviation platforms, munitions 
other than small arms and munitions appropriate for customary 
ceremonial honors, operational military units, or operational military 
platforms if the Secretary determines that providing such units, 
platforms, or equipment would undermine the readiness of such units, 
platforms, or equipment.
    Sec. 8113.  The Secretary of Defense may obligate and expend funds 
made available under this Act for procurement or for research, 
development, test and evaluation for the F-35 Joint Strike Fighter to 
modify up to six F-35 aircraft, including up to two F-35 aircraft of 
each variant, to a test configuration:  Provided, That the Secretary of 
Defense shall, with the concurrence of the Secretary of the Air Force 
and the Secretary of the Navy, notify the congressional defense 
committees not fewer than 30 days prior to obligating and expending 
funds under this section:  Provided further, That any transfer of funds 
pursuant to the authority provided in this section shall be made in 
accordance with section 8005 or 9002 of this Act, as appropriate, if 
applicable:  Provided further, That aircraft referred to previously in 
this section are not additional to aircraft referred to in section 8135 
of the Department of Defense Appropriations Act, 2019 and section 8126 
of the Department of Defense Appropriations Act, 2020.
    Sec. 8114.  Amounts appropriated for ``Defense Health Program'' in 
this Act and hereafter may be obligated to make death gratuity 
payments, as authorized in subchapter II of chapter 75 of title 10, 
United States Code, if no appropriation for ``Military Personnel'' is 
available for obligation for such payments:  Provided, That such 
obligations may subsequently be recorded against appropriations 
available for ``Military Personnel''.
    Sec. 8115. (a) None of the funds made available by this or any 
other Act may be used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, or 
provide a loan or loan guarantee to any corporation that has any unpaid 
Federal tax liability that has been assessed, for which all judicial 
and administrative remedies have been exhausted or have lapsed, and 
that is not being paid in a timely manner pursuant to an agreement with 
the authority responsible for collecting such tax liability, provided 
that the applicable Federal agency is aware of the unpaid Federal tax 
liability.
    (b) Subsection (a) shall not apply if the applicable Federal agency 
has considered suspension or debarment of the corporation described in 
such subsection and has made a determination that such suspension or 
debarment is not necessary to protect the interests of the Federal 
Government.
    Sec. 8116.  During fiscal year 2021, any advance billing for 
background investigation services and related services purchased from 
activities financed using Defense Working Capital Funds shall be 
excluded from the calculation of cumulative advance billings under 
section 2208(l)(3) of title 10, United States Code.
    Sec. 8117.  None of the funds appropriated or otherwise made 
available by this Act may be used to transfer the National 
Reconnaissance Office to the United States Space Force.
    Sec. 8118.  None of the funds appropriated or otherwise made 
available by this Act may be used to transfer any element of the 
Department of the Army, the Department of the Navy, or a Defense Agency 
to the United States Space Force unless, not less than 60 days prior to 
initiating such transfer, the Secretary of Defense certifies in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that such transfer is in the national security interest of 
the United States and will not have an adverse impact on the Department 
or agency from which such element is being transferred: Provided, That 
such certification shall include a detailed description of the element 
and timeline for such transfer.
    Sec. 8119.  Funds appropriated in titles I and IX of this Act under 
the heading ``Military Personnel'' may be used for expenses described 
therein for members of the United States Space Force on active duty: 
Provided, that amounts appropriated under such headings may be used for 
payments pursuant to section 156 of Public Law 97-377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Military Retirement 
Fund.
    Sec. 8120.  Prior to the initial obligation of funds made available 
in titles II and IX of this Act for the Defense Security Cooperation 
Agency (DSCA), the Director of DSCA shall submit a spend plan by budget 
activity and sub-activity to the Committees on Appropriations of the 
House of Representatives and the Senate: Provided, That for funds 
planned for International Security Cooperation Programs, the Director 
shall, in coordination with the commanders of each geographic combatant 
command, include amounts planned for each combatant command and 
country, and a comparison to such amounts provided in the previous 
three fiscal years: Provided further, That amounts in such plan shall 
only reflect those amounts designated in the fiscal year 2021 budget 
justification materials and modified by the fiscal year 2021 
appropriations adjustments in this Act and in the table in the report 
accompanying this Act: Provided further, That the Secretary of Defense 
shall notify such Committees in writing and not fewer than 15 days 
prior to obligating such funds for any proposed new projects or 
activities, or transfer of funds between budget sub-activity groups: 
Provided further, That such plan shall be updated and submitted to such 
Committees upon notification of such funds to include a justification 
for any changes: Provided further, That a similar plan shall be 
provided to such Committees outlining funds requested for fiscal year 
2022 with the submission of the fiscal year 2022 budget request.
    Sec. 8121.  Notwithstanding any other provision of this Act, to 
reflect savings due to favorable foreign exchange rates, the total 
amount appropriated in this Act is hereby reduced by $436,000,000.
    Sec. 8122.  Notwithstanding any other provision of this Act, to 
reflect savings due to lower than anticipated fuel costs, the total 
amount appropriated in this Act is hereby reduced by $1,000,000,000.
    Sec. 8123.  None of the funds appropriated by this Act may be used 
to exclude, or implement the exclusion of, the Department of Defense, 
or any agency, activity, or subdivision thereof, from coverage under 
section 7103(b)(1) or (2) of title 5, United States Code (commonly 
referred to as the ``Federal Service Labor-Management Relations 
Statute'').
    Sec. 8124.  Not later than 60 days after the date of enactment of 
this Act, the Secretary of Defense, in coordination with the Secretary 
of State, shall provide all relevant information and documents to the 
appropriate judicial authorities in El Salvador investigating the 
December 1981 massacre in El Mozote: Provided, That not later than 30 
days following such action, the Secretary of Defense shall submit a 
report to the Committees on Appropriations of the House of 
Representatives and the Senate describing the information and documents 
provided and the authorities that received them.
    Sec. 8125. (a) Funds appropriated under title IV of this Act may be 
used for expenses for agile development, test and evaluation, 
procurement, production and modification, and the operation and 
maintenance for the following software pilot programs--
                    (1) Space Command and Control (PE1203614SF);
                    (2) Algorithmic Warfare Cross Functional Team 
                (PE0308588D8Z);
                    (3) Risk Management Information (PE0608013N);
                    (4) Maritime Tactical Command Control (PE0608231N);
                    (5) National Background Investigation Services 
                (PE0608197V);
                    (6) Global Command and Control System - Joint 
                (PE0308150K);
                    (7) Defensive Cyber Operations Army (PE0608041A); 
                and
                    (8) Acquisition Visibility (PE0608648D8Z).
    (b) Not later than 30 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a plan 
for carrying out each pilot program specified in subsection (a), 
including goals and metrics for each program.
    (c) Following the submission of the plan under subsection (b), the 
Secretary of Defense shall provide to the Committees on Appropriations 
of the House of Representatives and the Senate a quarterly report on 
the status of each pilot program specified in subsection (a).
    Sec. 8126. (a) Not later than 30 days after the date of the 
enactment of this Act, and quarterly thereafter, the Secretary of 
Defense shall submit to the congressional defense committees a report 
that includes--
                    (1) the number of members of the Armed Forces 
                deployed by each geographic combatant command (other 
                than United States Northern Command), set forth 
                separately by each of the Armed Forces and whether 
                regular, National Guard, or Reserve;
                    (2) the number of Department of Defense civilian 
                employees deployed by each geographic combatant command 
                (other than United States Northern Command);
                    (3) the number of Department of Defense contractor 
                employees deployed by each geographic combatant command 
                (other than United States Northern Command); and
                    (4) for each category of personnel described in 
                paragraphs (1) through (3), the country and named 
                operation to which such personnel are assigned, if 
                applicable; a description of the functions performed by 
                such personnel; and a comparison of the number of 
                personnel to the number of such personnel in reports 
                previously submitted under this section.
    (b) Each report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    Sec. 8127.  Not more than 15 days before deploying a security force 
assistance brigade of the United States Army to a friendly foreign 
country to conduct a program to provide training or equipment to the 
security forces of such country to build the capacity of such forces, 
the Secretary of Defense shall submit to the congressional defense 
committees a notification that includes--
            (1) an identification of the United States Army brigade, 
        including the number of individuals to be deployed;
            (2) a description of any education and training provided to 
        such brigade before deployment in order to conduct the program, 
        including on the language, cultural, and the social dynamics of 
        the friendly foreign country where the program would be 
        conducted;
            (3) a description of the amount, type, and purpose of the 
        training or equipment to be provided under the program;
            (4) the authority under which the program is authorized, 
        whether congressional notification (other than the notification 
        required by this section) is required to conduct the program 
        under such authority, and whether such notification has been 
        made;
            (5) an identification of the foreign country in which the 
        program would be conducted, the specific security forces whose 
        capacity would be built under the program, and an evaluation of 
        the ability of such forces to absorb the training and equipment 
        to be provided under the program;
            (6) the cost, implementation timeline, and delivery 
        schedule for the training and equipment to be provided under 
        the program, and the source of funds;
            (7) a description of any arrangements made for sustainment 
        of the program;
            (8) information, including the amount, type, and purpose, 
        of any prior assistance provided to the foreign country by any 
        security force assistance brigade of the United States Army;
            (9) information, including the amount, type, and purpose, 
        on the security assistance provided to the foreign country 
        during the current and prior fiscal year under other train and 
        equip programs, and a description of how the training and 
        equipment to be provided under the program fits into the 
        overall objective of such programs; and
            (10) a description of whether training and equipment to be 
        provided under the program could be provided pursuant to other 
        train and equip authorities.
    Sec. 8128.  Of funds made available by section 8102 of the 
Department of Defense Appropriations Act, 2014 (division C of Public 
Law 113-76) that remain unobligated as of the date of the enactment of 
this Act, up to $13,000,000 shall be available for grants, cooperative 
agreements, and to supplement other Federal funds for the following 
authorized purposes: public healthcare professionals and public health 
laboratory staff; laboratory and medical equipment; and medical 
supplies: Provided, That the Secretary of Defense shall, not less than 
15 days prior to obligating funds made available for such purposes, 
notify the congressional defense committees in writing of the details 
of any such obligation.
    Sec. 8129.  None of the funds provided in this Act for requirements 
development, performance specification development, concept design and 
development, ship configuration development, systems engineering, naval 
architecture, marine engineering, operations research analysis, 
industry studies, preliminary design, development of the Detailed 
Design and Construction Request for Proposals solicitation package, or 
related activities for the AS(X) Submarine Tender, T-ARC(X) Cable 
Laying and Repair Ship, T-AGOS(X) Oceanographic Surveillance Ship, 
Light Amphibious Warship, Next Generation Medium Amphibious Ship, or 
Next Generation Medium Logistics Ship may be used to award a new 
contract for such activities unless these contracts include 
specifications that all hull, mechanical, and electrical components are 
manufactured in the United States.
    Sec. 8130.  None of the funds made available by this Act may be 
obligated or expended for the purpose of decommissioning any Navy 
Littoral Combat Ships.
    Sec. 8131. (a) Not later than three days after a significant 
deployment or redeployment of members of the Armed Forces to a location 
outside the United States, the Secretary of Defense shall submit to the 
congressional defense committees a notification that includes--
                    (1) the number of members of the Armed Forces 
                deployed or redeployed;
                    (2) the name of each unit deployed or redeployed;
                    (3) the duration of the orders for the deployment 
                or redeployment;
                    (4) the location of the deployment or redeployment;
                    (5) the purpose for the deployment or redeployment;
                    (6) the estimated cost of the deployment or 
                redeployment over such timeline; and
                    (7) an explanation of how the Secretary intends to 
                pay the costs of such deployment or redeployment, 
                including identification of the specific accounts that 
                will be used to pay such costs for each fiscal year.
    (b) Each notification under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    (c) Nothing in this section shall be construed to authorize a 
deployment or redeployment.
    Sec. 8132.  None of the funds made available by this Act may be 
obligated or expended in a manner that does not comply with the 
requirements of section 365 of H.R. 7120, One Hundred Sixteenth 
Congress, as passed by the House of Representatives on June 25, 2020.
    Sec. 8133.  None of the funds made available by this Act or any 
prior Department of Defense Appropriations Acts may be used to conduct, 
or make specific preparations for, any explosive nuclear weapons test 
that produces any yield.
    Sec. 8134.  None of the funds appropriated or otherwise made 
available by this Act or any prior Department of Defense Appropriations 
Acts may be used to construct a wall, fence, border barriers, or border 
security infrastructure along the southern land border of the United 
States: Provided, That none of the funds appropriated or otherwise made 
available under the heading ``Drug Interdiction and Counter-drug 
Activities, Defense'' in title VI of this Act may be used for the 
construction of fences pursuant to subsection (b)(7) of section 284 of 
title 10, United States Code.
    Sec. 8135.  Notwithstanding any other provision of law, funds made 
available to the Department of Defense for fiscal year 2020 that were 
transferred by such Department on February 13, 2020, and remain 
unobligated as of the date of the enactment of this Act shall be 
returned to the original account or accounts and may not be used for 
any purpose other than the original purposes for which they were 
appropriated by the Department of Defense Appropriations Act, 2020 
(division A of Public Law 116-93), notwithstanding the transfer 
authority provided by section 8005 of such Act.
    Sec. 8136.  None of the funds made available by this Act may be 
used for members of the Armed Forces serving on active duty in support 
of security or immigration enforcement operations at the southern 
border unless the agency requesting such support enters into an 
agreement with the Secretary of Defense to reimburse the Department of 
Defense for all costs incurred by the Department to provide such 
services.
    Sec. 8137.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Defense- Wide'', $50,000,000, to 
remain available until September 30, 2022: Provided, That such funds 
shall only be available to the Secretary of Defense, acting through the 
Office of Economic Adjustment of the Department of Defense, to make 
grants to communities impacted by military aviation noise for the 
purpose of installing noise mitigating insulation at covered 
facilities: Provided further, That, to be eligible to receive a grant 
under the program, a community must enter into an agreement with the 
Secretary under which the community prioritizes the use of funds for 
the installation of noise mitigation at covered facilities in the 
community: Provided further, That, in carrying out the program, the 
Secretary of Defense shall coordinate and minimize duplication of 
efforts with the noise mitigation program established under part 150 of 
title 14, Code of Federal Regulations: Provided further, That, in this 
section, the term ``covered facilities'' means hospitals, daycare 
facilities, schools, facilities serving senior citizens, and private 
residences that are located within one mile of a military installation 
or another location at which military aircraft are stationed or are 
located in an area impacted by excessive military aviation noise, as 
determined by the Department of Defense's noise monitoring programs.
    Sec. 8138.  None of the funds appropriated or otherwise made 
available by this Act or any prior Department of Defense Appropriations 
Acts may be used to provide guidance on, review, prepare, approve, or 
recommend budget request funding levels or initiatives for the 
Department of Energy.
    Sec. 8139.  Of the funds appropriated in this Act under the heading 
``Operation and Maintenance, Army'', $1,000,000 shall be made available 
for expenses for the renaming of Army installations, facilities, roads, 
and streets named after confederate leaders and officers.

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$2,748,033,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$382,286,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$129,943,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,077,168,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$33,414,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$11,771,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$2,048,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$16,816,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$195,314,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $5,800,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$16,530,754,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$10,942,741,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,145,600,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $18,861,862,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Space Force

    For an additional amount for ``Operation and Maintenance, Space 
Force'', $77,115,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $6,169,693,000:  Provided, That of the funds provided under 
this heading, not to exceed $180,000,000, to remain available until 
September 30, 2022, shall be for payments to reimburse key cooperating 
nations for logistical, military, and other support, including access, 
provided to United States military and stability operations in 
Afghanistan and to counter the Islamic State of Iraq and Syria:  
Provided further, That such reimbursement payments may be made in such 
amounts as the Secretary of Defense, with the concurrence of the 
Secretary of State, and in consultation with the Director of the Office 
of Management and Budget, may determine, based on documentation 
determined by the Secretary of Defense to adequately account for the 
support provided, and such determination is final and conclusive upon 
the accounting officers of the United States, and 15 days following 
written notification to the appropriate congressional committees:  
Provided further, That these funds may be used for the purpose of 
providing specialized training and procuring supplies and specialized 
equipment and providing such supplies and loaning such equipment on a 
non-reimbursable basis to coalition forces supporting United States 
military and stability operations in Afghanistan and to counter the 
Islamic State of Iraq and Syria, and 15 days following written 
notification to the appropriate congressional committees:  Provided 
further, That these funds may be used to support the Government of 
Jordan in such amounts as the Secretary of Defense may determine, to 
enhance the ability of the armed forces of Jordan to increase or 
sustain security along its borders, upon 15 days prior written 
notification to the congressional defense committees outlining the 
amounts intended to be provided and the nature of the expenses 
incurred:  Provided further, That of the funds provided under this 
heading, not to exceed $1,206,296,000, to remain available until 
September 30, 2022, shall be available to provide support and 
assistance to foreign security forces or other groups or individuals to 
conduct, support or facilitate counterterrorism, crisis response, or 
other Department of Defense security cooperation programs, of which not 
less than $130,000,000 shall be available for International Security 
Cooperation Programs with countries in the United States Africa Command 
area of responsibility: Provided further, That the Secretary of Defense 
shall notify the congressional defense committees in writing and not 
fewer than 15 days prior to obligating funds for International Security 
Cooperation Programs: Provided further, That these funds may be used in 
such amounts as the Secretary of Defense may determine to enhance the 
border security of nations adjacent to conflict areas including Jordan, 
Lebanon, Egypt, and Tunisia resulting from actions of the Islamic State 
of Iraq and Syria:  Provided further, That the Secretary of Defense 
shall provide quarterly reports to the Committees on Appropriations of 
the House of Representatives and the Senate on the use and status of 
funds provided under this heading:  Provided further, That such amount 
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $33,399,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $21,492,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $8,707,000:  Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $30,090,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $79,792,000:  Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $175,642,000:  Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', $3,047,612,000, to 
remain available until September 30, 2022:  Provided, That such funds 
shall be available to the Secretary of Defense for the purpose of 
allowing the Commander, Combined Security Transition Command--
Afghanistan, or the Secretary's designee, to provide assistance, with 
the concurrence of the Secretary of State, to the security forces of 
Afghanistan, including the provision of equipment, supplies, services, 
training, facility and infrastructure repair, renovation, construction, 
and funding:  Provided further, That the Secretary of Defense may 
obligate and expend funds made available to the Department of Defense 
in this title for additional costs associated with existing projects 
previously funded with amounts provided under the heading ``Afghanistan 
Infrastructure Fund'' in prior Acts:  Provided further, That such costs 
shall be limited to contract changes resulting from inflation, market 
fluctuation, rate adjustments, and other necessary contract actions to 
complete existing projects, and associated supervision and 
administration costs and costs for design during construction:  
Provided further, That the Secretary may not use more than $50,000,000 
under the authority provided in this section:  Provided further, That 
the Secretary shall notify in advance such contract changes and 
adjustments in annual reports to the congressional defense committees:  
Provided further, That the authority to provide assistance under this 
heading is in addition to any other authority to provide assistance to 
foreign nations:  Provided further, That contributions of funds for the 
purposes provided herein from any person, foreign government, or 
international organization may be credited to this Fund, to remain 
available until expended, and used for such purposes:  Provided 
further, That the Secretary of Defense shall notify the congressional 
defense committees in writing upon the receipt and upon the obligation 
of any contribution, delineating the sources and amounts of the funds 
received and the specific use of such contributions:  Provided further, 
That the Secretary of Defense shall, not fewer than 15 days prior to 
obligating from this appropriation account, notify the congressional 
defense committees in writing of the details of any such obligation:  
Provided further, That the Secretary of Defense shall notify the 
congressional defense committees in writing and not fewer than 15 days 
prior to obligating funds for any proposed new projects or activities, 
or transfer of funds between budget sub-activity groups in excess of 
$10,000,000:  Provided further, That the United States may accept 
equipment procured using funds provided under this heading in this or 
prior Acts that was transferred to the security forces of Afghanistan 
and returned by such forces to the United States:  Provided further, 
That equipment procured using funds provided under this heading in this 
or prior Acts, and not yet transferred to the security forces of 
Afghanistan or transferred to the security forces of Afghanistan and 
returned by such forces to the United States, may be treated as stocks 
of the Department of Defense upon written notification to the 
congressional defense committees:  Provided further, That of the funds 
provided under this heading, not less than $20,000,000 shall be for 
recruitment and retention of women in the Afghanistan National Security 
Forces, and the recruitment and training of female security personnel:  
Provided further, That funds appropriated under this heading and made 
available for the salaries and benefits of personnel of the Afghanistan 
Security Forces may only be used for personnel who are enrolled in the 
Afghanistan Personnel and Pay System: Provided further, That funds 
appropriated under this heading for the Afghanistan Security Forces may 
only be obligated if the Secretary of Defense, in consultation with the 
Secretary of State, certifies in writing to the congressional defense 
committees that such forces are controlled by a civilian, 
representative government that is protecting human rights and women's 
rights and preventing terrorists and terrorist groups from using the 
territory of Afghanistan to threaten the security of the United States 
and United States allies:  Provided further, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                   Counter-ISIS Train and Equip Fund

    For the ``Counter-Islamic State of Iraq and Syria Train and Equip 
Fund'', $700,000,000, to remain available until September 30, 2022:  
Provided, That such funds shall be available to the Secretary of 
Defense in coordination with the Secretary of State, to provide 
assistance, including training; equipment; logistics support, supplies, 
and services; stipends; infrastructure repair and renovation; 
construction for facility fortification and humane treatment; and 
sustainment, to foreign security forces, irregular forces, groups, or 
individuals participating, or preparing to participate in activities to 
counter the Islamic State of Iraq and Syria, and their affiliated or 
associated groups:  Provided further, That amounts made available under 
this heading shall be available to provide assistance only for 
activities in a country designated by the Secretary of Defense, in 
coordination with the Secretary of State, as having a security mission 
to counter the Islamic State of Iraq and Syria, and following written 
notification to the congressional defense committees of such 
designation:  Provided further, That the Secretary of Defense shall 
ensure that prior to providing assistance to elements of any forces or 
individuals, such elements or individuals are appropriately vetted, 
including at a minimum, assessing such elements for associations with 
terrorist groups or groups associated with the Government of Iran; and 
receiving commitments from such elements to promote respect for human 
rights and the rule of law:  Provided further, That the Secretary of 
Defense shall, not fewer than 15 days prior to obligating from this 
appropriation account, notify the congressional defense committees in 
writing of the details of any such obligation:  Provided further, That 
the Secretary of Defense may accept and retain contributions, including 
assistance in-kind, from foreign governments, including the Government 
of Iraq and other entities, to carry out assistance authorized under 
this heading:  Provided further, That contributions of funds for the 
purposes provided herein from any foreign government or other entity 
may be credited to this Fund, to remain available until expended, and 
used for such purposes:  Provided further, That the Secretary of 
Defense shall prioritize such contributions when providing any 
assistance for construction for facility fortification:  Provided 
further, That the Secretary of Defense may waive a provision of law 
relating to the acquisition of items and support services or sections 
40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if 
the Secretary determines that such provision of law would prohibit, 
restrict, delay or otherwise limit the provision of such assistance and 
a notice of and justification for such waiver is submitted to the 
congressional defense committees, the Committees on Appropriations and 
Foreign Relations of the Senate and the Committees on Appropriations 
and Foreign Affairs of the House of Representatives:  Provided further, 
That the United States may accept equipment procured using funds 
provided under this heading, or under the heading, ``Iraq Train and 
Equip Fund'' in prior Acts, that was transferred to security forces, 
irregular forces, or groups participating, or preparing to participate 
in activities to counter the Islamic State of Iraq and Syria and 
returned by such forces or groups to the United States, and such 
equipment may be treated as stocks of the Department of Defense upon 
written notification to the congressional defense committees:  Provided 
further, That equipment procured using funds provided under this 
heading, or under the heading, ``Iraq Train and Equip Fund'' in prior 
Acts, and not yet transferred to security forces, irregular forces, or 
groups participating, or preparing to participate in activities to 
counter the Islamic State of Iraq and Syria may be treated as stocks of 
the Department of Defense when determined by the Secretary to no longer 
be required for transfer to such forces or groups and upon written 
notification to the congressional defense committees:  Provided 
further, That the Secretary of Defense shall provide quarterly reports 
to the congressional defense committees on the use of funds provided 
under this heading, including, but not limited to, the number of 
individuals trained, the nature and scope of support and sustainment 
provided to each group or individual, the area of operations for each 
group, and the contributions of other countries, groups, or 
individuals:  Provided further, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$595,112,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$865,992,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $15,225,000, to remain available until 
September 30, 2023:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$110,668,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$875,666,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$33,241,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$5,572,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $77,424,000, to remain available until September 30, 
2023:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$341,612,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$47,963,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$787,665,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$223,772,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $802,455,000, to remain available until September 30, 2023:  
Provided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$355,339,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$335,837,000, to remain available until September 30, 2023:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

              National Guard and Reserve Equipment Account

    For procurement of rotary-wing aircraft; combat, tactical and 
support vehicles; other weapons; and other procurement items for the 
reserve components of the Armed Forces, $1,000,000,000, to remain 
available for obligation until September 30, 2023:  Provided, That the 
Chiefs of National Guard and Reserve components shall, not later than 
30 days after enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective National Guard or Reserve component:  Provided 
further, That none of the funds made available by this paragraph may be 
used to procure manned fixed wing aircraft, or procure or modify 
missiles, munitions, or ammunition:  Provided further, That such amount 
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $175,824,000, to remain available until September 
30, 2022:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $59,562,000, to remain available until September 
30, 2022:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $5,304,000, to remain available until 
September 30, 2022:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $80,818,000, to remain available until 
September 30, 2022:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$20,090,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$365,098,000, which shall be for operation and maintenance:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                    Office of the Inspector General

    For an additional amount for the ``Office of the Inspector 
General'', $24,069,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9001.  Notwithstanding any other provision of law, funds made 
available in this title are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for fiscal year 
2021.

                     (including transfer of funds)

    Sec. 9002.  Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may, 
with the approval of the Office of Management and Budget, transfer up 
to $900,000,000 between the appropriations or funds made available to 
the Department of Defense in this title:  Provided, That the Secretary 
shall notify the Congress promptly of each transfer made pursuant to 
the authority in this section:  Provided further, That the authority 
provided in this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the same terms 
and conditions as the authority provided in section 8005 of this Act.
    Sec. 9003.  Supervision and administration costs and costs for 
design during construction associated with a construction project 
funded with appropriations available for operation and maintenance or 
the ``Afghanistan Security Forces Fund'' provided in this Act and 
executed in direct support of overseas contingency operations in 
Afghanistan, may be obligated at the time a construction contract is 
awarded:  Provided, That, for the purpose of this section, supervision 
and administration costs and costs for design during construction 
include all in-house Government costs.
    Sec. 9004.  From funds made available in this title, the Secretary 
of Defense may purchase for use by military and civilian employees of 
the Department of Defense in the United States Central Command area of 
responsibility: (1) passenger motor vehicles up to a limit of $75,000 
per vehicle; and (2) heavy and light armored vehicles for the physical 
security of personnel or for force protection purposes up to a limit of 
$450,000 per vehicle, notwithstanding price or other limitations 
applicable to the purchase of passenger carrying vehicles.
    Sec. 9005.  Not to exceed $2,000,000 of the amounts appropriated by 
this title under the heading ``Operation and Maintenance, Army'' may be 
used, notwithstanding any other provision of law, to fund the 
Commanders' Emergency Response Program (CERP), for the purpose of 
enabling military commanders in Afghanistan to respond to urgent, 
small-scale, humanitarian relief and reconstruction requirements within 
their areas of responsibility:  Provided, That each project (including 
any ancillary or related elements in connection with such project) 
executed under this authority shall not exceed $1,000,000:  Provided 
further, That not later than 45 days after the end of each 6 months of 
the fiscal year, the Secretary of Defense shall submit to the 
congressional defense committees a report regarding the source of funds 
and the allocation and use of funds during that 6-month period that 
were made available pursuant to the authority provided in this section 
or under any other provision of law for the purposes described herein:  
Provided further, That, not later than 30 days after the end of each 
fiscal year quarter, the Army shall submit to the congressional defense 
committees quarterly commitment, obligation, and expenditure data for 
the CERP in Afghanistan:  Provided further, That, not less than 15 days 
before making funds available pursuant to the authority provided in 
this section or under any other provision of law for the purposes 
described herein for a project with a total anticipated cost for 
completion of $500,000 or more, the Secretary shall submit to the 
congressional defense committees a written notice containing each of 
the following:
            (1) The location, nature and purpose of the proposed 
        project, including how the project is intended to advance the 
        military campaign plan for the country in which it is to be 
        carried out.
            (2) The budget, implementation timeline with milestones, 
        and completion date for the proposed project, including any 
        other CERP funding that has been or is anticipated to be 
        contributed to the completion of the project.
            (3) A plan for the sustainment of the proposed project, 
        including the agreement with either the host nation, a non-
        Department of Defense agency of the United States Government or 
        a third-party contributor to finance the sustainment of the 
        activities and maintenance of any equipment or facilities to be 
        provided through the proposed project.
    Sec. 9006.  Funds available to the Department of Defense for 
operation and maintenance may be used, notwithstanding any other 
provision of law, to provide supplies, services, transportation, 
including airlift and sealift, and other logistical support to allied 
forces participating in a combined operation with the armed forces of 
the United States and coalition forces supporting military and 
stability operations in Afghanistan and to counter the Islamic State of 
Iraq and Syria:  Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees regarding 
support provided under this section.
    Sec. 9007.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended by 
the United States Government for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control over any oil resource 
        of Iraq or Syria.
            (3) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Afghanistan.
    Sec. 9008.  None of the funds made available in this Act may be 
used in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code.
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 
        112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
        prescribed thereto, including regulations under part 208 of 
        title 8, Code of Federal Regulations, and part 95 of title 22, 
        Code of Federal Regulations.
            (3) Sections 1002 and 1003 of the Department of Defense, 
        Emergency Supplemental Appropriations to Address Hurricanes in 
        the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public 
        Law 109-148).
    Sec. 9009.  None of the funds provided for the ``Afghanistan 
Security Forces Fund'' (ASFF) may be obligated prior to the approval of 
a financial and activity plan by the Afghanistan Resources Oversight 
Council (AROC) of the Department of Defense:  Provided, That the AROC 
must approve the requirement and acquisition plan for any service 
requirements in excess of $50,000,000 annually and any non-standard 
equipment requirements in excess of $100,000,000 using ASFF:  Provided 
further, That the Department of Defense must certify to the 
congressional defense committees that the AROC has convened and 
approved a process for ensuring compliance with the requirements in the 
preceding proviso and accompanying report language for the ASFF.
    Sec. 9010.  Funds made available in this title to the Department of 
Defense for operation and maintenance may be used to purchase items 
having an investment unit cost of not more than $250,000:  Provided, 
That, upon determination by the Secretary of Defense that such action 
is necessary to meet the operational requirements of a Commander of a 
Combatant Command engaged in contingency operations overseas, such 
funds may be used to purchase items having an investment item unit cost 
of not more than $500,000.
    Sec. 9011.  Up to $500,000,000 of funds appropriated by this Act 
for the Defense Security Cooperation Agency in ``Operation and 
Maintenance, Defense-Wide'' may be used to provide assistance to the 
Government of Jordan to support the armed forces of Jordan and to 
enhance security along its borders.
    Sec. 9012.  None of the funds made available by this Act under the 
headings ``Afghanistan Security Forces Fund'' and ``Counter-ISIS Train 
and Equip Fund'', and under the heading ``Operation and Maintenance, 
Defense-Wide'' for Department of Defense security cooperation grant 
programs, may be used to procure or transfer man-portable air defense 
systems.
    Sec. 9013.  Of the amounts appropriated in this title under the 
heading ``Operation and Maintenance, Defense-Wide'', for the Defense 
Security Cooperation Agency, $275,000,000, of which $137,500,000 to 
remain available until September 30, 2021, shall be for the Ukraine 
Security Assistance Initiative:  Provided, That such funds shall be 
available to the Secretary of Defense, in coordination with the 
Secretary of State, to provide assistance, including training; 
equipment; lethal assistance; logistics support, supplies and services; 
sustainment; and intelligence support to the military and national 
security forces of Ukraine, and for replacement of any weapons or 
articles provided to the Government of Ukraine from the inventory of 
the United States:  Provided further, That of the amounts made 
available in this section, $50,000,000 shall be available only for 
lethal assistance described in paragraphs (2) and (3) of section 
1250(b) of the National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114-92):  Provided further, That the Secretary of Defense 
shall, not less than 15 days prior to obligating funds made available 
in this section, notify the congressional defense committees in writing 
of the details of any such obligation:  Provided further, That the 
Secretary of Defense shall, not more than 60 days after such 
notification is made, inform such committees if such funds have not 
been obligated and the reasons therefor:  Provided further, That the 
United States may accept equipment procured using funds made available 
in this section in this or prior Acts that was transferred to the 
security forces of Ukraine and returned by such forces to the United 
States:  Provided further, That equipment procured using funds made 
available in this section in this or prior Acts, and not yet 
transferred to the military or National Security Forces of Ukraine or 
returned by such forces to the United States, may be treated as stocks 
of the Department of Defense upon written notification to the 
congressional defense committees: Provided further, That, 
notwithstanding any other provision of law, amounts made available in 
this section shall be exempt from apportionment under chapter 15 of 
title 31, United States Code.
    Sec. 9014.  Funds appropriated in this title shall be available for 
replacement of funds for items provided to the Government of Ukraine 
from the inventory of the United States to the extent specifically 
provided for in section 9013 of this Act.
    Sec. 9015.  None of the funds made available by this Act may be 
used to provide arms, training, or other assistance to the Azov 
Battalion.
    Sec. 9016.  Equipment procured using funds provided in prior Acts 
under the heading ``Counterterrorism Partnerships Fund'' for the 
program authorized by section 1209 of the Carl Levin and Howard P. 
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 
(Public Law 113-291), or under the heading ``Iraq Train and Equip 
Fund'' for the program authorized by section 1236 of such Act, and not 
yet transferred to authorized recipients may be transferred to foreign 
security forces, irregular forces, groups, or individuals, authorized 
to receive assistance using amounts provided under the heading 
``Counter-ISIS Train and Equip Fund'' in this Act:  Provided, That such 
equipment may be transferred 15 days following written notification to 
the congressional defense committees.
    Sec. 9017. (a) None of the funds appropriated or otherwise made 
available by this Act under the headings ``Operation and Maintenance, 
Defense-Wide'' and ``Counter-ISIS Train and Equip Fund'' for 
reimbursement made to the Government of Pakistan under section 1226 of 
the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 
2151 note) may be made available unless the Secretary of Defense, in 
coordination with the Secretary of State, certifies to the 
congressional defense committees that the Government of Pakistan is--
            (1) cooperating with the United States in counterterrorism 
        efforts against the Haqqani Network, the Quetta Shura Taliban, 
        Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other 
        domestic and foreign terrorist organizations, including taking 
        steps to end support for such groups and prevent them from 
        basing and operating in Pakistan and carrying out cross border 
        attacks into neighboring countries;
            (2) not supporting terrorist activities against United 
        States or coalition forces in Afghanistan, and Pakistan's 
        military and intelligence agencies are not intervening extra-
        judicially into political and judicial processes in Pakistan;
            (3) dismantling improvised explosive device (IED) networks 
        and interdicting precursor chemicals used in the manufacture of 
        IEDs;
            (4) preventing the proliferation of nuclear-related 
        material and expertise;
            (5) implementing policies to protect judicial independence 
        and due process of law;
            (6) issuing visas in a timely manner for United States 
        visitors engaged in counterterrorism efforts and assistance 
        programs in Pakistan; and
            (7) providing humanitarian organizations access to 
        detainees, internally displaced persons, and other Pakistani 
        civilians affected by the conflict.
    (b) The Secretary of Defense, in coordination with the Secretary of 
State, may waive the restriction in subsection (a) on a case-by-case 
basis by certifying in writing to the congressional defense committees 
that it is in the national security interest to do so:  Provided, That 
if the Secretary of Defense, in coordination with the Secretary of 
State, exercises such waiver authority, the Secretaries shall report to 
the congressional defense committees on both the justification for the 
waiver and on the requirements of this section that the Government of 
Pakistan was not able to meet:  Provided further, That such report may 
be submitted in classified form if necessary.
    Sec. 9018.  None of the funds made available by this Act may be 
used with respect to Iraq in contravention of the War Powers Resolution 
(50 U.S.C. 1541 et seq.), including for the introduction of United 
States armed forces into hostilities in Iraq, into situations in Iraq 
where imminent involvement in hostilities is clearly indicated by the 
circumstances, or into Iraqi territory, airspace, or waters while 
equipped for combat, in contravention of the congressional consultation 
and reporting requirements of sections 3 and 4 of such Resolution (50 
U.S.C. 1542 and 1543).
    Sec. 9019.  None of the funds made available by this Act may be 
used with respect to Syria in contravention of the War Powers 
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of 
United States armed or military forces into hostilities in Syria, into 
situations in Syria where imminent involvement in hostilities is 
clearly indicated by the circumstances, or into Syrian territory, 
airspace, or waters while equipped for combat, in contravention of the 
congressional consultation and reporting requirements of sections 3 and 
4 of that law (50 U.S.C. 1542 and 1543).
    Sec. 9020.  None of the funds in this Act may be made available for 
the transfer of additional C-130 cargo aircraft to the Afghanistan 
National Security Forces or the Afghanistan Air Force.
    Sec. 9021.  Funds made available by this Act under the heading 
``Afghanistan Security Forces Fund'' may be used to provide limited 
training, equipment, and other assistance that would otherwise be 
prohibited by 10 U.S.C. 362 to a unit of the security forces of 
Afghanistan only if the Secretary of Defense certifies to the 
congressional defense committees, within 30 days of a decision to 
provide such assistance, that (1) a denial of such assistance would 
present significant risk to United States or coalition forces or 
significantly undermine United States national security objectives in 
Afghanistan; and (2) the Secretary has sought a commitment by the 
Government of Afghanistan to take all necessary corrective steps:  
Provided, That such certification shall be accompanied by a report 
describing: (1) the information relating to the gross violation of 
human rights; (2) the circumstances that necessitated the provision of 
such assistance; (3) the Afghan security force unit involved; (4) the 
assistance provided and the assistance withheld; and (5) the corrective 
steps to be taken by the Government of Afghanistan:  Provided further, 
That every 120 days after the initial report an additional report shall 
be submitted detailing the status of any corrective steps taken by the 
Government of Afghanistan:  Provided further, That if the Government of 
Afghanistan has not initiated necessary corrective steps within one 
year of the certification, the authority under this section to provide 
assistance to such unit shall no longer apply:  Provided further, That 
the Secretary shall submit a report to such committees detailing the 
final disposition of the case by the Government of Afghanistan.
    Sec. 9022.  None of the funds made available by this Act may be 
made available for any member of the Taliban except to support a 
reconciliation activity that includes the participation of members of 
the Government of Afghanistan, does not restrict the participation of 
women, and is authorized by section 1218 of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
    Sec. 9023.  Nothing in this Act may be construed as authorizing the 
use of force against Iran.
    Sec. 9024.  Not later than 15 days after the date on which any 
foreign base that involves the stationing or operations of the United 
States Armed Forces, including a temporary base, permanent base, or 
base owned and operated by a foreign country, is opened or closed, the 
Secretary of Defense shall notify the congressional defense committees 
in writing of the opening or closing of such base: Provided, that such 
notification shall also include information on any personnel changes, 
costs, and savings associated with the opening or closing of such base.

                      (including transfer of funds)

    Sec. 9025.  In addition to amounts otherwise made available in this 
Act, $250,000,000 is hereby appropriated to the Department of Defense 
and made available for transfer only to the operation and maintenance, 
military personnel, and procurement accounts, to improve near-term 
intelligence, surveillance, and reconnaissance capabilities and related 
processing, exploitation, and dissemination functions of the Department 
of Defense:  Provided, That the transfer authority provided in this 
section is in addition to any other transfer authority provided 
elsewhere in this Act:  Provided further, That not later than 30 days 
prior to exercising the transfer authority provided in this section, 
the Secretary of Defense shall submit a report to the congressional 
defense committees on the proposed uses of these funds:  Provided 
further, That the funds provided in this section may not be transferred 
to any program, project, or activity specifically limited or denied by 
this Act:  Provided further, That such funds may not be obligated for 
new start efforts:  Provided further, That amounts made available by 
this section are designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985:  
Provided further, That the authority to provide funding under this 
section shall terminate on September 30, 2021.

                             (rescissions)

    Sec. 9026.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:  Provided, 
That such amounts are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985:
    ``Aircraft Procurement, Air Force'', 2019/2021, $16,400,000;
    ``Operation and Maintenance, Defense-Wide: Defense Security 
Cooperation Agency'', 2020/2021, $80,000,000;
    ``Afghanistan Security Forces Fund'', 2020/2021, $1,100,000,000; 
and
    ``Counter-ISIS Train and Equip Fund'', 2020/2021, $250,000,000.
    Sec. 9027.  Each amount designated in this Act by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 shall be available (or rescinded, if applicable) 
only if the President subsequently so designates all such amounts and 
transmits such designations to the Congress.
    Sec. 9028.  Effective 240 days after the date of the enactment of 
this Act, the Authorization for Use of Military Force (Public Law 107-
40; 50 U.S.C. 1541 note) is hereby repealed.
    Sec. 9029.  The Authorization for Use of Military Force Against 
Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is 
hereby repealed.
    Sec. 9030. (a)(1) Except as provided in paragraph (2), none of the 
funds appropriated or otherwise made available by this Act may be 
obligated or expended for any use of military force in or against Iran 
unless Congress has--
    (A) declared war; or
    (B) enacted specific statutory authorization for such use of 
military force after the date of the enactment of this Act that meets 
the requirements of the War Powers Resolution (50 U.S.C. 1541 et seq.).
    (2) The prohibition under paragraph (1) shall not apply to a use of 
military force that is consistent with section (2)(c) of the War Powers 
Resolution.
    (b) Nothing in this section may be construed--
            (1) to prevent the President from using necessary and 
        appropriate force to defend United States allies and partners 
        if Congress enacts specific statutory authorization for such 
        use of force consistent with the requirements of the War Powers 
        Resolution (50 U.S.C. 1541 et seq.);
            (2) to relieve the executive branch of restrictions on the 
        use of force, reporting, or consultation requirements set forth 
        in the War Powers Resolution (50 U.S.C. 1541 et seq.); or
            (3) to authorize the use of military force.
    
    This Act may be cited as the ``Department of Defense Appropriations 
Act, 2021''.
                                                 Union Calendar No. 364

116th CONGRESS

  2d Session

                               H. R. 7617

                          [Report No. 116-453]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2021, and for other purposes.

_______________________________________________________________________

                             July 16, 2020

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed