Bill — H.R. 7617, Department of Defense Appropriations Act (Senate, August 12, 2020)
Summary
H.R. 7617 is an Act making appropriations for the Department of Defense for the fiscal year ending September 30, 2021, and for other purposes. The Senate received it on August 12, 2020, read it twice, and referred it to the Committee on Appropriations. Section 3 provides that a reference to a report accompanying the Act in division A is treated as a reference to House Report 116–453, and in division B as a reference to House Report 116–455.
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Cite this document
“Bill — H.R. 7617, Department of Defense Appropriations Act (Senate, August 12, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7617rfs-bills-116hr7617rfs/
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IIB
116TH CONGRESS
2D SESSION
H. R. 7617
IN THE SENATE OF THE UNITED STATES
AUGUST 12, 2020
Received; read twice and referred to the Committee on Appropriations
AN ACT
Making appropriations for the Department of Defense for
the fiscal year ending September 30, 2021, and for other
purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Defense, Commerce,
3 Justice, Science, Energy and Water Development, Finan-
4 cial Services and General Government, Labor, Health and
5 Human Services, Education, Transportation, Housing,
6 and Urban Development Appropriations Act, 2021’’.
7 SEC. 2. REFERENCES TO ACT.
8 Except as expressly provided otherwise, any reference
9 to ‘‘this Act’’ contained in any division of this Act shall
10 be treated as referring only to the provisions of that divi-
11 sion.
12 SEC. 3. REFERENCES TO REPORT.
13 (a) Any reference to a ‘‘report accompanying this
14 Act’’ contained in division A of this Act shall be treated
15 as a reference to House Report 116–453. The effect of
16 such Report shall be limited to division A and shall apply
17 for purposes of determining the allocation of funds pro-
18 vided by, and the implementation of, division A.
19 (b) Any reference to a ‘‘report accompanying this
20 Act’’ contained in division B of this Act shall be treated
21 as a reference to House Report 116–455. The effect of
22 such Report shall be limited to division B and shall apply
23 for purposes of determining the allocation of funds pro-
24 vided by, and the implementation of, division B.
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25 (c) Any reference to a ‘‘report accompanying this
26 Act’’ contained in division C of this Act shall be treated
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1 as a reference to House Report 116–449. The effect of
2 such Report shall be limited to division C and shall apply
3 for purposes of determining the allocation of funds pro-
4 vided by, and the implementation of, division C.
5 (d) Any reference to a ‘‘report accompanying this
6 Act’’ contained in division D of this Act shall be treated
7 as a reference to House Report 116–456. The effect of
8 such Report shall be limited to division D and shall apply
9 for purposes of determining the allocation of funds pro-
10 vided by, and the implementation of, division D.
11 (e) Any reference to a ‘‘report accompanying this
12 Act’’ contained in division E of this Act shall be treated
13 as a reference to House Report 116–450. The effect of
14 such Report shall be limited to division E and shall apply
15 for purposes of determining the allocation of funds pro-
16 vided by, and the implementation of, division E.
17 (f) Any reference to a ‘‘report accompanying this
18 Act’’ contained in division F of this Act shall be treated
19 as a reference to House Report 116–452. The effect of
20 such Report shall be limited to division F and shall apply
21 for purposes of determining the allocation of funds pro-
22 vided by, and the implementation of, division F.
23 SEC. 4. AVAILABILITY OF FUNDS.
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24 (a) Each amount designated in this Act by the Con-
25 gress as an emergency requirement pursuant to section
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985 shall be available (or re-
3 scinded, if applicable) only if the President subsequently
4 so designates all such amounts and transmits such des-
5 ignations to the Congress.
6 (b) Each amount designated in this Act by the Con-
7 gress for Overseas Contingency Operations/Global War on
8 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
9 anced Budget and Emergency Deficit Control Act of 1985
10 shall be available (or rescinded, if applicable) only if the
11 President subsequently so designates all such amounts
12 and transmits such designations to the Congress.
13 DIVISION A—DEPARTMENT OF DEFENSE
14 APPROPRIATIONS ACT, 2021
15 That the following sums are appropriated, out of any
16 money in the Treasury not otherwise appropriated, for the
17 fiscal year ending September 30, 2021, for military func-
18 tions administered by the Department of Defense and for
19 other purposes, namely:
20 TITLE I
21 MILITARY PERSONNEL
22 MILITARY PERSONNEL, ARMY
23 For pay, allowances, individual clothing, subsistence,
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24 interest on deposits, gratuities, permanent change of sta-
25 tion travel (including all expenses thereof for organiza-
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1 tional movements), and expenses of temporary duty travel
2 between permanent duty stations, for members of the
3 Army on active duty (except members of reserve compo-
4 nents provided for elsewhere), cadets, and aviation cadets;
5 for members of the Reserve Officers’ Training Corps; and
6 for payments pursuant to section 156 of Public Law 97–
7 377, as amended (42 U.S.C. 402 note), and to the Depart-
8 ment of Defense Military Retirement Fund,
9 $44,936,603,000.
10 MILITARY PERSONNEL, NAVY
11 For pay, allowances, individual clothing, subsistence,
12 interest on deposits, gratuities, permanent change of sta-
13 tion travel (including all expenses thereof for organiza-
14 tional movements), and expenses of temporary duty travel
15 between permanent duty stations, for members of the
16 Navy on active duty (except members of the Reserve pro-
17 vided for elsewhere), midshipmen, and aviation cadets; for
18 members of the Reserve Officers’ Training Corps; and for
19 payments pursuant to section 156 of Public Law 97–377,
20 as amended (42 U.S.C. 402 note), and to the Department
21 of Defense Military Retirement Fund, $33,757,999,000
22 (reduced by $2,000,000) (increased by $2,000,000).
23 MILITARY PERSONNEL, MARINE CORPS
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24 For pay, allowances, individual clothing, subsistence,
25 interest on deposits, gratuities, permanent change of sta-
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1 tion travel (including all expenses thereof for organiza-
2 tional movements), and expenses of temporary duty travel
3 between permanent duty stations, for members of the Ma-
4 rine Corps on active duty (except members of the Reserve
5 provided for elsewhere); and for payments pursuant to sec-
6 tion 156 of Public Law 97–377, as amended (42 U.S.C.
7 402 note), and to the Department of Defense Military Re-
8 tirement Fund, $14,534,551,000.
9 MILITARY PERSONNEL, AIR FORCE
10 For pay, allowances, individual clothing, subsistence,
11 interest on deposits, gratuities, permanent change of sta-
12 tion travel (including all expenses thereof for organiza-
13 tional movements), and expenses of temporary duty travel
14 between permanent duty stations, for members of the Air
15 Force on active duty (except members of reserve compo-
16 nents provided for elsewhere), cadets, and aviation cadets;
17 for members of the Reserve Officers’ Training Corps; and
18 for payments pursuant to section 156 of Public Law 97–
19 377, as amended (42 U.S.C. 402 note), and to the Depart-
20 ment of Defense Military Retirement Fund,
21 $32,675,965,000.
22 RESERVE PERSONNEL, ARMY
23 For pay, allowances, clothing, subsistence, gratuities,
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24 travel, and related expenses for personnel of the Army Re-
25 serve on active duty under sections 10211, 10302, and
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1 7038 of title 10, United States Code, or while serving on
2 active duty under section 12301(d) of title 10, United
3 States Code, in connection with performing duty specified
4 in section 12310(a) of title 10, United States Code, or
5 while undergoing reserve training, or while performing
6 drills or equivalent duty or other duty, and expenses au-
7 thorized by section 16131 of title 10, United States Code;
8 and for payments to the Department of Defense Military
9 Retirement Fund, $5,025,216,000.
10 RESERVE PERSONNEL, NAVY
11 For pay, allowances, clothing, subsistence, gratuities,
12 travel, and related expenses for personnel of the Navy Re-
13 serve on active duty under section 10211 of title 10,
14 United States Code, or while serving on active duty under
15 section 12301(d) of title 10, United States Code, in con-
16 nection with performing duty specified in section 12310(a)
17 of title 10, United States Code, or while undergoing re-
18 serve training, or while performing drills or equivalent
19 duty, and expenses authorized by section 16131 of title
20 10, United States Code; and for payments to the Depart-
21 ment of Defense Military Retirement Fund,
22 $2,223,690,000.
23 RESERVE PERSONNEL, MARINE CORPS
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24 For pay, allowances, clothing, subsistence, gratuities,
25 travel, and related expenses for personnel of the Marine
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1 Corps Reserve on active duty under section 10211 of title
2 10, United States Code, or while serving on active duty
3 under section 12301(d) of title 10, United States Code,
4 in connection with performing duty specified in section
5 12310(a) of title 10, United States Code, or while under-
6 going reserve training, or while performing drills or equiv-
7 alent duty, and for members of the Marine Corps platoon
8 leaders class, and expenses authorized by section 16131
9 of title 10, United States Code; and for payments to the
10 Department of Defense Military Retirement Fund,
11 $857,394,000.
12 RESERVE PERSONNEL, AIR FORCE
13 For pay, allowances, clothing, subsistence, gratuities,
14 travel, and related expenses for personnel of the Air Force
15 Reserve on active duty under sections 10211, 10305, and
16 8038 of title 10, United States Code, or while serving on
17 active duty under section 12301(d) of title 10, United
18 States Code, in connection with performing duty specified
19 in section 12310(a) of title 10, United States Code, or
20 while undergoing reserve training, or while performing
21 drills or equivalent duty or other duty, and expenses au-
22 thorized by section 16131 of title 10, United States Code;
23 and for payments to the Department of Defense Military
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24 Retirement Fund, $2,179,763,000.
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1 NATIONAL GUARD PERSONNEL, ARMY
2 For pay, allowances, clothing, subsistence, gratuities,
3 travel, and related expenses for personnel of the Army Na-
4 tional Guard while on duty under section 10211, 10302,
5 or 12402 of title 10 or section 708 of title 32, United
6 States Code, or while serving on duty under section
7 12301(d) of title 10 or section 502(f) of title 32, United
8 States Code, in connection with performing duty specified
9 in section 12310(a) of title 10, United States Code, or
10 while undergoing training, or while performing drills or
11 equivalent duty or other duty, and expenses authorized by
12 section 16131 of title 10, United States Code; and for pay-
13 ments to the Department of Defense Military Retirement
14 Fund, $8,639,005,000 (increased by $10,000,000) (re-
15 duced by $10,000,000).
16 NATIONAL GUARD PERSONNEL, AIR FORCE
17 For pay, allowances, clothing, subsistence, gratuities,
18 travel, and related expenses for personnel of the Air Na-
19 tional Guard on duty under section 10211, 10305, or
20 12402 of title 10 or section 708 of title 32, United States
21 Code, or while serving on duty under section 12301(d) of
22 title 10 or section 502(f) of title 32, United States Code,
23 in connection with performing duty specified in section
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24 12310(a) of title 10, United States Code, or while under-
25 going training, or while performing drills or equivalent
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1 duty or other duty, and expenses authorized by section
2 16131 of title 10, United States Code; and for payments
3 to the Department of Defense Military Retirement Fund,
4 $4,525,466,000.
5 TITLE II
6 OPERATION AND MAINTENANCE
7 OPERATION AND MAINTENANCE, ARMY
8 For expenses, not otherwise provided for, necessary
9 for the operation and maintenance of the Army, as author-
10 ized by law, $40,424,428,000 (increased by $500,000) (re-
11 duced by $5,000,000) (increased by $2,000,000) (reduced
12 by $1,000,000) (increased by $1,000,000): Provided, That
13 not to exceed $12,478,000 can be used for emergencies
14 and extraordinary expenses, to be expended on the ap-
15 proval or authority of the Secretary of the Army, and pay-
16 ments may be made on his certificate of necessity for con-
17 fidential military purposes.
18 OPERATION AND MAINTENANCE, NAVY
19 For expenses, not otherwise provided for, necessary
20 for the operation and maintenance of the Navy and the
21 Marine Corps, as authorized by law, $49,248,117,000 (re-
22 duced by $1,500,000) (increased by $2,000,000) (reduced
23 by $1,000,000) (increased by $1,000,000): Provided, That
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24 not to exceed $15,055,000 can be used for emergencies
25 and extraordinary expenses, to be expended on the ap-
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1 proval or authority of the Secretary of the Navy, and pay-
2 ments may be made on his certificate of necessity for con-
3 fidential military purposes.
4 OPERATION AND MAINTENANCE, MARINE CORPS
5 For expenses, not otherwise provided for, necessary
6 for the operation and maintenance of the Marine Corps,
7 as authorized by law, $7,512,336,000.
8 OPERATION AND MAINTENANCE, AIR FORCE
9 For expenses, not otherwise provided for, necessary
10 for the operation and maintenance of the Air Force, as
11 authorized by law, $33,595,328,000 (increased by
12 $2,000,000) (reduced by $20,000,000) (increased by
13 $10,000,000): Provided, That not to exceed $7,699,000
14 can be used for emergencies and extraordinary expenses,
15 to be expended on the approval or authority of the Sec-
16 retary of the Air Force, and payments may be made on
17 his certificate of necessity for confidential military pur-
18 poses.
19 OPERATION AND MAINTENANCE, SPACE FORCE
20 For expenses, not otherwise provided for, necessary
21 for the operation and maintenance of the Space Force, as
22 authorized by law, $2,498,544,000 (reduced by
23 $5,000,000) (reduced by $2,000,000).
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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE
2 (INCLUDING TRANSFER OF FUNDS)
3 For expenses, not otherwise provided for, necessary
4 for the operation and maintenance of activities and agen-
5 cies of the Department of Defense (other than the military
6 departments), as authorized by law, $38,967,817,000 (re-
7 duced by $7,700,000) (reduced by $4,000,000) (reduced
8 by $3,000,000) (increased by $3,000,000) (reduced by
9 $2,500,000) (reduced by $5,000,000) (reduced by
10 $5,000,000) (reduced by $5,000,000) (reduced by
11 $4,000,000) (reduced by $500,000) (reduced by
12 $5,000,000) (reduced by $5,000,000) (reduced by
13 $7,000,000) (reduced by $31,306,000) (reduced by
14 $4,000,000) (reduced by $382,084,000) (increased by
15 $382,084,000) (reduced by $4,000,000) (reduced by
16 $4,000,000) (reduced by $2,000,000) (reduced by
17 $5,000,000) (increased by $5,000,000) (reduced by
18 $20,000,000) (reduced by $2,000,000) (increased by
19 $2,000,000) (reduced by $5,000,000) (reduced by
20 $1,000,000) (reduced by $15,000,000) (reduced by
21 $6,000,000) (reduced by $2,500,000) (increased by
22 $2,500,000) (reduced by $10,000,000) (reduced by
23 $5,000,000) (reduced by $10,000,000): Provided, That
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24 not more than $6,859,000 may be used for the Combatant
25 Commander Initiative Fund authorized under section
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1 166a of title 10, United States Code: Provided further,
2 That not to exceed $36,000,000 can be used for emer-
3 gencies and extraordinary expenses, to be expended on the
4 approval or authority of the Secretary of Defense, and
5 payments may be made on his certificate of necessity for
6 confidential military purposes: Provided further, That of
7 the funds provided under this heading, not less than
8 $48,000,000 shall be made available for the Procurement
9 Technical Assistance Cooperative Agreement Program, of
10 which not less than $4,500,000 shall be available for cen-
11 ters defined in 10 U.S.C. 2411(1)(D): Provided further,
12 That none of the funds appropriated or otherwise made
13 available by this Act may be used to plan or implement
14 the consolidation of a budget or appropriations liaison of-
15 fice of the Office of the Secretary of Defense, the office
16 of the Secretary of a military department, or the service
17 headquarters of one of the Armed Forces into a legislative
18 affairs or legislative liaison office: Provided further, That
19 $17,732,000, to remain available until expended, is avail-
20 able only for expenses relating to certain classified activi-
21 ties, and may be transferred as necessary by the Secretary
22 of Defense to operation and maintenance appropriations
23 or research, development, test and evaluation appropria-
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24 tions, to be merged with and to be available for the same
25 time period as the appropriations to which transferred:
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1 Provided further, That any ceiling on the investment item
2 unit cost of items that may be purchased with operation
3 and maintenance funds shall not apply to the funds de-
4 scribed in the preceding proviso: Provided further, That
5 of the funds provided under this heading, $659,225,000
6 (reduced by $5,000,000) (increased by $5,000,000), of
7 which $164,806,000 to remain available until September
8 30, 2022, shall be available to provide support and assist-
9 ance to foreign security forces or other groups or individ-
10 uals to conduct, support or facilitate counterterrorism, cri-
11 sis response, or other Department of Defense security co-
12 operation programs; of which not less than $30,000,000
13 shall be available for International Security Cooperation
14 Programs with countries in the United States Africa Com-
15 mand area of responsibility; of which not less than
16 $130,000,000 shall be available for International Security
17 Cooperation Programs with countries in the United States
18 Southern Command area of responsibility; and not to ex-
19 ceed $21,814,000 shall be for Defense Security Coopera-
20 tion Agency headquarters expenses: Provided further, That
21 the Secretary of Defense shall notify the congressional de-
22 fense committees in writing and not fewer than 15 days
23 prior to obligating funds for International Security Co-
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24 operation Programs: Provided further, That the Secretary
25 of Defense shall provide quarterly reports to the Commit-
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1 tees on Appropriations of the House of Representatives
2 and the Senate on the use and status of funds provided
3 under this heading: Provided further, That the transfer au-
4 thority provided under this heading is in addition to any
5 other transfer authority provided elsewhere in this Act.
6 OPERATION AND MAINTENANCE, ARMY RESERVE
7 For expenses, not otherwise provided for, necessary
8 for the operation and maintenance, including training, or-
9 ganization, and administration, of the Army Reserve; re-
10 pair of facilities and equipment; hire of passenger motor
11 vehicles; travel and transportation; care of the dead; re-
12 cruiting; procurement of services, supplies, and equip-
13 ment; and communications, $3,004,717,000.
14 OPERATION AND MAINTENANCE, NAVY RESERVE
15 For expenses, not otherwise provided for, necessary
16 for the operation and maintenance, including training, or-
17 ganization, and administration, of the Navy Reserve; re-
18 pair of facilities and equipment; hire of passenger motor
19 vehicles; travel and transportation; care of the dead; re-
20 cruiting; procurement of services, supplies, and equip-
21 ment; and communications, $1,155,746,000.
22 OPERATION AND MAINTENANCE, MARINE CORPS
23 RESERVE
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24 For expenses, not otherwise provided for, necessary
25 for the operation and maintenance, including training, or-
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1 ganization, and administration, of the Marine Corps Re-
2 serve; repair of facilities and equipment; hire of passenger
3 motor vehicles; travel and transportation; care of the dead;
4 recruiting; procurement of services, supplies, and equip-
5 ment; and communications, $322,706,000.
6 OPERATION AND MAINTENANCE, AIR FORCE RESERVE
7 For expenses, not otherwise provided for, necessary
8 for the operation and maintenance, including training, or-
9 ganization, and administration, of the Air Force Reserve;
10 repair of facilities and equipment; hire of passenger motor
11 vehicles; travel and transportation; care of the dead; re-
12 cruiting; procurement of services, supplies, and equip-
13 ment; and communications, $3,300,284,000.
14 OPERATION AND MAINTENANCE, ARMY NATIONAL
15 GUARD
16 For expenses of training, organizing, and admin-
17 istering the Army National Guard, including medical and
18 hospital treatment and related expenses in non-Federal
19 hospitals; maintenance, operation, and repairs to struc-
20 tures and facilities; hire of passenger motor vehicles; per-
21 sonnel services in the National Guard Bureau; travel ex-
22 penses (other than mileage), as authorized by law for
23 Army personnel on active duty, for Army National Guard
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24 division, regimental, and battalion commanders while in-
25 specting units in compliance with National Guard Bureau
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1 regulations when specifically authorized by the Chief, Na-
2 tional Guard Bureau; supplying and equipping the Army
3 National Guard as authorized by law; and expenses of re-
4 pair, modification, maintenance, and issue of supplies and
5 equipment (including aircraft), $7,611,147,000.
6 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
7 For expenses of training, organizing, and admin-
8 istering the Air National Guard, including medical and
9 hospital treatment and related expenses in non-Federal
10 hospitals; maintenance, operation, and repairs to struc-
11 tures and facilities; transportation of things, hire of pas-
12 senger motor vehicles; supplying and equipping the Air
13 National Guard, as authorized by law; expenses for repair,
14 modification, maintenance, and issue of supplies and
15 equipment, including those furnished from stocks under
16 the control of agencies of the Department of Defense;
17 travel expenses (other than mileage) on the same basis as
18 authorized by law for Air National Guard personnel on
19 active Federal duty, for Air National Guard commanders
20 while inspecting units in compliance with National Guard
21 Bureau regulations when specifically authorized by the
22 Chief, National Guard Bureau, $6,853,942,000.
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1 UNITED STATES COURT OF APPEALS FOR THE ARMED
2 FORCES
3 For salaries and expenses necessary for the United
4 States Court of Appeals for the Armed Forces,
5 $15,211,000, of which not to exceed $5,000 may be used
6 for official representation purposes.
7 ENVIRONMENTAL RESTORATION, ARMY
8 (INCLUDING TRANSFER OF FUNDS)
9 For the Department of the Army, $264,285,000 (re-
10 duced by $5,000,000) (reduced by $10,000,000), to re-
11 main available until transferred: Provided, That the Sec-
12 retary of the Army shall, upon determining that such
13 funds are required for environmental restoration, reduc-
14 tion and recycling of hazardous waste, removal of unsafe
15 buildings and debris of the Department of the Army, or
16 for similar purposes, transfer the funds made available by
17 this appropriation to other appropriations made available
18 to the Department of the Army, to be merged with and
19 to be available for the same purposes and for the same
20 time period as the appropriations to which transferred:
21 Provided further, That upon a determination that all or
22 part of the funds transferred from this appropriation are
23 not necessary for the purposes provided herein, such
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24 amounts may be transferred back to this appropriation:
25 Provided further, That the transfer authority provided
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1 under this heading is in addition to any other transfer au-
2 thority provided elsewhere in this Act.
3 ENVIRONMENTAL RESTORATION, NAVY
4 (INCLUDING TRANSFER OF FUNDS)
5 For the Department of the Navy, $404,250,000, to
6 remain available until transferred: Provided, That the Sec-
7 retary of the Navy shall, upon determining that such
8 funds are required for environmental restoration, reduc-
9 tion and recycling of hazardous waste, removal of unsafe
10 buildings and debris of the Department of the Navy, or
11 for similar purposes, transfer the funds made available by
12 this appropriation to other appropriations made available
13 to the Department of the Navy, to be merged with and
14 to be available for the same purposes and for the same
15 time period as the appropriations to which transferred:
16 Provided further, That upon a determination that all or
17 part of the funds transferred from this appropriation are
18 not necessary for the purposes provided herein, such
19 amounts may be transferred back to this appropriation:
20 Provided further, That the transfer authority provided
21 under this heading is in addition to any other transfer au-
22 thority provided elsewhere in this Act.
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1 ENVIRONMENTAL RESTORATION, AIR FORCE
2 (INCLUDING TRANSFER OF FUNDS)
3 For the Department of the Air Force, $509,250,000,
4 to remain available until transferred: Provided, That the
5 Secretary of the Air Force shall, upon determining that
6 such funds are required for environmental restoration, re-
7 duction and recycling of hazardous waste, removal of un-
8 safe buildings and debris of the Department of the Air
9 Force, or for similar purposes, transfer the funds made
10 available by this appropriation to other appropriations
11 made available to the Department of the Air Force, to be
12 merged with and to be available for the same purposes
13 and for the same time period as the appropriations to
14 which transferred: Provided further, That upon a deter-
15 mination that all or part of the funds transferred from
16 this appropriation are not necessary for the purposes pro-
17 vided herein, such amounts may be transferred back to
18 this appropriation: Provided further, That the transfer au-
19 thority provided under this heading is in addition to any
20 other transfer authority provided elsewhere in this Act.
21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
22 (INCLUDING TRANSFER OF FUNDS)
23 For the Department of Defense, $19,952,000, to re-
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24 main available until transferred: Provided, That the Sec-
25 retary of Defense shall, upon determining that such funds
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1 are required for environmental restoration, reduction and
2 recycling of hazardous waste, removal of unsafe buildings
3 and debris of the Department of Defense, or for similar
4 purposes, transfer the funds made available by this appro-
5 priation to other appropriations made available to the De-
6 partment of Defense, to be merged with and to be avail-
7 able for the same purposes and for the same time period
8 as the appropriations to which transferred: Provided fur-
9 ther, That upon a determination that all or part of the
10 funds transferred from this appropriation are not nec-
11 essary for the purposes provided herein, such amounts
12 may be transferred back to this appropriation: Provided
13 further, That the transfer authority provided under this
14 heading is in addition to any other transfer authority pro-
15 vided elsewhere in this Act.
16 ENVIRONMENTAL RESTORATION, FORMERLY USED
17 DEFENSE SITES
18 (INCLUDING TRANSFER OF FUNDS)
19 For the Department of the Army, $288,750,000, to
20 remain available until transferred: Provided, That the Sec-
21 retary of the Army shall, upon determining that such
22 funds are required for environmental restoration, reduc-
23 tion and recycling of hazardous waste, removal of unsafe
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24 buildings and debris at sites formerly used by the Depart-
25 ment of Defense, transfer the funds made available by this
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1 appropriation to other appropriations made available to
2 the Department of the Army, to be merged with and to
3 be available for the same purposes and for the same time
4 period as the appropriations to which transferred: Pro-
5 vided further, That upon a determination that all or part
6 of the funds transferred from this appropriation are not
7 necessary for the purposes provided herein, such amounts
8 may be transferred back to this appropriation: Provided
9 further, That the transfer authority provided under this
10 heading is in addition to any other transfer authority pro-
11 vided elsewhere in this Act.
12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
13 For expenses relating to the Overseas Humanitarian,
14 Disaster, and Civic Aid programs of the Department of
15 Defense (consisting of the programs provided under sec-
16 tions 401, 402, 404, 407, 2557, and 2561 of title 10,
17 United States Code), $147,500,000, to remain available
18 until September 30, 2022: Provided, That such amounts
19 shall not be subject to the limitation in section 407(c)(3)
20 of title 10, United States Code.
21 COOPERATIVE THREAT REDUCTION ACCOUNT
22 For assistance, including assistance provided by con-
23 tract or by grants, under programs and activities of the
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24 Department of Defense Cooperative Threat Reduction
25 Program authorized under the Department of Defense Co-
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1 operative Threat Reduction Act, $360,190,000, to remain
2 available until September 30, 2023.
3 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
4 DEVELOPMENT ACCOUNT
5 For the Department of Defense Acquisition Work-
6 force Development Account, $198,501,000, to remain
7 available for obligation until September 30, 2021: Pro-
8 vided, That no other amounts may be otherwise credited
9 or transferred to the Account, or deposited into the Ac-
10 count, in fiscal year 2021 pursuant to section 1705(d) of
11 title 10, United States Code.
12 TITLE III
13 PROCUREMENT
14 AIRCRAFT PROCUREMENT, ARMY
15 For construction, procurement, production, modifica-
16 tion, and modernization of aircraft, equipment, including
17 ordnance, ground handling equipment, spare parts, and
18 accessories therefor; specialized equipment and training
19 devices; expansion of public and private plants, including
20 the land necessary therefor, for the foregoing purposes,
21 and such lands and interests therein, may be acquired,
22 and construction prosecuted thereon prior to approval of
23 title; and procurement and installation of equipment, ap-
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24 pliances, and machine tools in public and private plants;
25 reserve plant and Government and contractor-owned
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1 equipment layaway; and other expenses necessary for the
2 foregoing purposes, $3,503,013,000 (increased by
3 $5,500,000), to remain available for obligation until Sep-
4 tember 30, 2023.
5 MISSILE PROCUREMENT, ARMY
6 For construction, procurement, production, modifica-
7 tion, and modernization of missiles, equipment, including
8 ordnance, ground handling equipment, spare parts, and
9 accessories therefor; specialized equipment and training
10 devices; expansion of public and private plants, including
11 the land necessary therefor, for the foregoing purposes,
12 and such lands and interests therein, may be acquired,
13 and construction prosecuted thereon prior to approval of
14 title; and procurement and installation of equipment, ap-
15 pliances, and machine tools in public and private plants;
16 reserve plant and Government and contractor-owned
17 equipment layaway; and other expenses necessary for the
18 foregoing purposes, $3,419,333,000, to remain available
19 for obligation until September 30, 2023.
20 PROCUREMENT OF WEAPONS AND TRACKED COMBAT
21 VEHICLES, ARMY
22 For construction, procurement, production, and
23 modification of weapons and tracked combat vehicles,
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24 equipment, including ordnance, spare parts, and acces-
25 sories therefor; specialized equipment and training devices;
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1 expansion of public and private plants, including the land
2 necessary therefor, for the foregoing purposes, and such
3 lands and interests therein, may be acquired, and con-
4 struction prosecuted thereon prior to approval of title; and
5 procurement and installation of equipment, appliances,
6 and machine tools in public and private plants; reserve
7 plant and Government and contractor-owned equipment
8 layaway; and other expenses necessary for the foregoing
9 purposes, $3,696,263,000, to remain available for obliga-
10 tion until September 30, 2023.
11 PROCUREMENT OF AMMUNITION, ARMY
12 For construction, procurement, production, and
13 modification of ammunition, and accessories therefor; spe-
14 cialized equipment and training devices; expansion of pub-
15 lic and private plants, including ammunition facilities, au-
16 thorized by section 2854 of title 10, United States Code,
17 and the land necessary therefor, for the foregoing pur-
18 poses, and such lands and interests therein, may be ac-
19 quired, and construction prosecuted thereon prior to ap-
20 proval of title; and procurement and installation of equip-
21 ment, appliances, and machine tools in public and private
22 plants; reserve plant and Government and contractor-
23 owned equipment layaway; and other expenses necessary
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24 for the foregoing purposes, $2,789,898,000, to remain
25 available for obligation until September 30, 2023.
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1 OTHER PROCUREMENT, ARMY
2 For construction, procurement, production, and
3 modification of vehicles, including tactical, support, and
4 non-tracked combat vehicles; the purchase of passenger
5 motor vehicles for replacement only; communications and
6 electronic equipment; other support equipment; spare
7 parts, ordnance, and accessories therefor; specialized
8 equipment and training devices; expansion of public and
9 private plants, including the land necessary therefor, for
10 the foregoing purposes, and such lands and interests
11 therein, may be acquired, and construction prosecuted
12 thereon prior to approval of title; and procurement and
13 installation of equipment, appliances, and machine tools
14 in public and private plants; reserve plant and Govern-
15 ment and contractor-owned equipment layaway; and other
16 expenses necessary for the foregoing purposes,
17 $8,453,422,000 (reduced by $5,500,000) (reduced by
18 $17,160,000) (increased by $17,160,000) (increased by
19 $5,000,000), to remain available for obligation until Sep-
20 tember 30, 2023.
21 AIRCRAFT PROCUREMENT, NAVY
22 For construction, procurement, production, modifica-
23 tion, and modernization of aircraft, equipment, including
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24 ordnance, spare parts, and accessories therefor; specialized
25 equipment; expansion of public and private plants, includ-
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1 ing the land necessary therefor, and such lands and inter-
2 ests therein, may be acquired, and construction prosecuted
3 thereon prior to approval of title; and procurement and
4 installation of equipment, appliances, and machine tools
5 in public and private plants; reserve plant and Govern-
6 ment and contractor-owned equipment layaway,
7 $17,710,109,000 (increased by $10,000,000), to remain
8 available for obligation until September 30, 2023.
9 WEAPONS PROCUREMENT, NAVY
10 For construction, procurement, production, modifica-
11 tion, and modernization of missiles, torpedoes, other weap-
12 ons, and related support equipment including spare parts,
13 and accessories therefor; expansion of public and private
14 plants, including the land necessary therefor, and such
15 lands and interests therein, may be acquired, and con-
16 struction prosecuted thereon prior to approval of title; and
17 procurement and installation of equipment, appliances,
18 and machine tools in public and private plants; reserve
19 plant and Government and contractor-owned equipment
20 layaway, $4,378,594,000, to remain available for obliga-
21 tion until September 30, 2023.
22 PROCUREMENT OF AMMUNITION, NAVY AND MARINE
23 CORPS
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24 For construction, procurement, production, and
25 modification of ammunition, and accessories therefor; spe-
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1 cialized equipment and training devices; expansion of pub-
2 lic and private plants, including ammunition facilities, au-
3 thorized by section 2854 of title 10, United States Code,
4 and the land necessary therefor, for the foregoing pur-
5 poses, and such lands and interests therein, may be ac-
6 quired, and construction prosecuted thereon prior to ap-
7 proval of title; and procurement and installation of equip-
8 ment, appliances, and machine tools in public and private
9 plants; reserve plant and Government and contractor-
10 owned equipment layaway; and other expenses necessary
11 for the foregoing purposes, $795,134,000 (increased by
12 $5,000,000), to remain available for obligation until Sep-
13 tember 30, 2023.
14 SHIPBUILDING AND CONVERSION, NAVY
15 For expenses necessary for the construction, acquisi-
16 tion, or conversion of vessels as authorized by law, includ-
17 ing armor and armament thereof, plant equipment, appli-
18 ances, and machine tools and installation thereof in public
19 and private plants; reserve plant and Government and con-
20 tractor-owned equipment layaway; procurement of critical,
21 long lead time components and designs for vessels to be
22 constructed or converted in the future; and expansion of
23 public and private plants, including land necessary there-
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24 for, and such lands and interests therein, may be acquired,
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1 and construction prosecuted thereon prior to approval of
2 title, as follows:
3 Columbia Class Submarine, $2,862,179,000;
4 Columbia Class Submarine (AP), $1,123,175,000;
5 Carrier Replacement Program (CVN–80),
6 $904,800,000;
7 Carrier Replacement Program (CVN–81),
8 $1,606,432,000;
9 Virginia Class Submarine, $4,603,213,000;
10 Virginia Class Submarine (AP), $2,173,187,000;
11 CVN Refueling Overhauls, $1,878,453,000;
12 CVN Refueling Overhauls (AP), $17,384,000;
13 DDG–1000 Program, $78,205,000;
14 DDG–51 Destroyer, $2,931,245,000;
15 DDG–51 Destroyer (AP), $29,297,000;
16 FFG–Frigate, $1,053,123,000;
17 LPD Flight II, $1,155,801,000;
18 TAO Fleet Oiler, $20,000,000;
19 Towing, Salvage, and Rescue Ship, $157,790,000;
20 LCU 1700, $87,395,000;
21 Service Craft, $244,147,000;
22 LCAC SLEP, $56,461,000;
23 For COVID–19 recovery for second, third, and fourth
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24 tier suppliers, $100,000,000;
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1 For outfitting, post delivery, conversions, and first
2 destination transportation, $806,539,000; and
3 Completion of Prior Year Shipbuilding Programs,
4 $369,112,000.
5 In all: $22,257,938,000, to remain available for obli-
6 gation until September 30, 2025: Provided, That addi-
7 tional obligations may be incurred after September 30,
8 2025, for engineering services, tests, evaluations, and
9 other such budgeted work that must be performed in the
10 final stage of ship construction: Provided further, That
11 none of the funds provided under this heading for the con-
12 struction or conversion of any naval vessel to be con-
13 structed in shipyards in the United States shall be ex-
14 pended in foreign facilities for the construction of major
15 components of such vessel: Provided further, That none
16 of the funds provided under this heading shall be used
17 for the construction of any naval vessel in foreign ship-
18 yards: Provided further, That funds appropriated or other-
19 wise made available by this Act for Columbia Class Sub-
20 marine (AP) may be available for the purposes authorized
21 by subsection (f), (g), (h) or (i) of section 2218a of title
22 10, United States Code, only in accordance with the provi-
23 sions of the applicable subsection.
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1 OTHER PROCUREMENT, NAVY
2 For procurement, production, and modernization of
3 support equipment and materials not otherwise provided
4 for, Navy ordnance (except ordnance for new aircraft, new
5 ships, and ships authorized for conversion); the purchase
6 of passenger motor vehicles for replacement only; expan-
7 sion of public and private plants, including the land nec-
8 essary therefor, and such lands and interests therein, may
9 be acquired, and construction prosecuted thereon prior to
10 approval of title; and procurement and installation of
11 equipment, appliances, and machine tools in public and
12 private plants; reserve plant and Government and con-
13 tractor-owned equipment layaway, $9,986,796,000 (re-
14 duced by $5,000,000) (increased by $5,000,000), to re-
15 main available for obligation until September 30, 2023:
16 Provided, That such funds are also available for the main-
17 tenance, repair, and modernization of Pacific Fleet ships
18 under a pilot program established for such purposes.
19 PROCUREMENT, MARINE CORPS
20 For expenses necessary for the procurement, manu-
21 facture, and modification of missiles, armament, military
22 equipment, spare parts, and accessories therefor; plant
23 equipment, appliances, and machine tools, and installation
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24 thereof in public and private plants; reserve plant and
25 Government and contractor-owned equipment layaway; ve-
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1 hicles for the Marine Corps, including the purchase of pas-
2 senger motor vehicles for replacement only; and expansion
3 of public and private plants, including land necessary
4 therefor, and such lands and interests therein, may be ac-
5 quired, and construction prosecuted thereon prior to ap-
6 proval of title, $2,693,354,000 (increased by
7 $31,306,000), to remain available for obligation until Sep-
8 tember 30, 2023.
9 AIRCRAFT PROCUREMENT, AIR FORCE
10 For construction, procurement, and modification of
11 aircraft and equipment, including armor and armament,
12 specialized ground handling equipment, and training de-
13 vices, spare parts, and accessories therefor; specialized
14 equipment; expansion of public and private plants, Gov-
15 ernment-owned equipment and installation thereof in such
16 plants, erection of structures, and acquisition of land, for
17 the foregoing purposes, and such lands and interests
18 therein, may be acquired, and construction prosecuted
19 thereon prior to approval of title; reserve plant and Gov-
20 ernment and contractor-owned equipment layaway; and
21 other expenses necessary for the foregoing purposes in-
22 cluding rents and transportation of things,
23 $19,587,853,000 (increased by $5,000,000), to remain
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24 available for obligation until September 30, 2023.
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1 MISSILE PROCUREMENT, AIR FORCE
2 For construction, procurement, and modification of
3 missiles, rockets, and related equipment, including spare
4 parts and accessories therefor; ground handling equip-
5 ment, and training devices; expansion of public and pri-
6 vate plants, Government-owned equipment and installa-
7 tion thereof in such plants, erection of structures, and ac-
8 quisition of land, for the foregoing purposes, and such
9 lands and interests therein, may be acquired, and con-
10 struction prosecuted thereon prior to approval of title; re-
11 serve plant and Government and contractor-owned equip-
12 ment layaway; and other expenses necessary for the fore-
13 going purposes including rents and transportation of
14 things, $2,249,157,000, to remain available for obligation
15 until September 30, 2023.
16 PROCUREMENT OF AMMUNITION, AIR FORCE
17 For construction, procurement, production, and
18 modification of ammunition, and accessories therefor; spe-
19 cialized equipment and training devices; expansion of pub-
20 lic and private plants, including ammunition facilities, au-
21 thorized by section 2854 of title 10, United States Code,
22 and the land necessary therefor, for the foregoing pur-
23 poses, and such lands and interests therein, may be ac-
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24 quired, and construction prosecuted thereon prior to ap-
25 proval of title; and procurement and installation of equip-
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1 ment, appliances, and machine tools in public and private
2 plants; reserve plant and Government and contractor-
3 owned equipment layaway; and other expenses necessary
4 for the foregoing purposes, $609,338,000, to remain avail-
5 able for obligation until September 30, 2023.
6 OTHER PROCUREMENT, AIR FORCE
7 For procurement and modification of equipment (in-
8 cluding ground guidance and electronic control equipment,
9 and ground electronic and communication equipment),
10 and supplies, materials, and spare parts therefor, not oth-
11 erwise provided for; the purchase of passenger motor vehi-
12 cles for replacement only; lease of passenger motor vehi-
13 cles; and expansion of public and private plants, Govern-
14 ment-owned equipment and installation thereof in such
15 plants, erection of structures, and acquisition of land, for
16 the foregoing purposes, and such lands and interests
17 therein, may be acquired, and construction prosecuted
18 thereon, prior to approval of title; reserve plant and Gov-
19 ernment and contractor-owned equipment layaway,
20 $23,603,470,000 (reduced by $5,000,000), to remain
21 available for obligation until September 30, 2023.
22 PROCUREMENT, SPACE FORCE
23 For construction, procurement, and modification of
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24 spacecraft, rockets, and related equipment, including
25 spare parts and accessories therefor; ground handling
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1 equipment, and training devices; expansion of public and
2 private plants, Government-owned equipment and installa-
3 tion thereof in such plants, erection of structures, and ac-
4 quisition of land, for the foregoing purposes, and such
5 lands and interests therein, may be acquired, and con-
6 struction prosecuted thereon prior to approval of title; re-
7 serve plant and Government and contractor-owned equip-
8 ment layaway; and other expenses necessary for the fore-
9 going purposes including rents and transportation of
10 things, $2,289,934,000, to remain available for obligation
11 until September 30, 2023.
12 PROCUREMENT, DEFENSE-WIDE
13 For expenses of activities and agencies of the Depart-
14 ment of Defense (other than the military departments)
15 necessary for procurement, production, and modification
16 of equipment, supplies, materials, and spare parts there-
17 for, not otherwise provided for; the purchase of passenger
18 motor vehicles for replacement only; expansion of public
19 and private plants, equipment, and installation thereof in
20 such plants, erection of structures, and acquisition of land
21 for the foregoing purposes, and such lands and interests
22 therein, may be acquired, and construction prosecuted
23 thereon prior to approval of title; reserve plant and Gov-
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24 ernment and contractor-owned equipment layaway,
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1 $5,418,220,000, to remain available for obligation until
2 September 30, 2023.
3 DEFENSE PRODUCTION ACT PURCHASES
4 For activities by the Department of Defense pursuant
5 to sections 108, 301, 302, and 303 of the Defense Produc-
6 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533),
7 $191,931,000, to remain available until expended.
8 TITLE IV
9 RESEARCH, DEVELOPMENT, TEST AND
10 EVALUATION
11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
12 ARMY
13 For expenses necessary for basic and applied sci-
14 entific research, development, test and evaluation, includ-
15 ing maintenance, rehabilitation, lease, and operation of fa-
16 cilities and equipment, $13,126,499,000 (reduced by
17 $5,000,000) (reduced by $5,000,000) (increased by
18 $4,000,000) (increased by $5,000,000) (increased by
19 $4,000,000) (increased by $5,000,000) (reduced by
20 $5,000,000) (increased by $5,000,000) (increased by
21 $3,000,000) (reduced by $3,000,000) (increased by
22 $4,000,000) (reduced by $5,000,000) (increased by
23 $5,000,000) (reduced by $4,000,000) (increased by
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24 $4,000,000), to remain available for obligation until Sep-
25 tember 30, 2022.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
2 NAVY
3 For expenses necessary for basic and applied sci-
4 entific research, development, test and evaluation, includ-
5 ing maintenance, rehabilitation, lease, and operation of fa-
6 cilities and equipment, $20,165,874,000 (increased by
7 $7,700,000) (increased by $2,500,000) (increased by
8 $1,500,000) (increased by $5,000,000) (increased by
9 $4,000,000), to remain available for obligation until Sep-
10 tember 30, 2022: Provided, That funds appropriated in
11 this paragraph which are available for the V–22 may be
12 used to meet unique operational requirements of the Spe-
13 cial Operations Forces.
14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
15 AIR FORCE
16 For expenses necessary for basic and applied sci-
17 entific research, development, test and evaluation, includ-
18 ing maintenance, rehabilitation, lease, and operation of fa-
19 cilities and equipment, $36,040,609,000 (increased by
20 $5,000,000) (reduced by $250,000) (increased by
21 $250,000) (reduced by $2,500,000) (increased by
22 $2,500,000) (reduced by $5,000,000) (increased by
23 $5,000,000) (increased by $5,000,000) (increased by
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24 $20,000,000), to remain available for obligation until Sep-
25 tember 30, 2022.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
2 SPACE FORCE
3 For expenses necessary for basic and applied sci-
4 entific research, development, test and evaluation, includ-
5 ing maintenance, rehabilitation, lease, and operation of fa-
6 cilities and equipment, $10,187,840,000 (increased by
7 $4,000,000), to remain available until September 30,
8 2022.
9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
10 DEFENSE-WIDE
11 For expenses of activities and agencies of the Depart-
12 ment of Defense (other than the military departments),
13 necessary for basic and applied scientific research, devel-
14 opment, test and evaluation; advanced research projects
15 as may be designated and determined by the Secretary
16 of Defense, pursuant to law; maintenance, rehabilitation,
17 lease, and operation of facilities and equipment,
18 $24,617,177,000 (increased by $5,000,000) (increased by
19 $5,000,000) (reduced by $5,000,000) (increased by
20 $5,000,000) (increased by $5,000,000) (increased by
21 $5,000,000) (reduced by $5,000,000) (increased by
22 $2,000,000) (reduced by $3,000,000) (increased by
23 $3,000,000) (increased by $20,000,000) (increased by
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24 $5,000,000) (increased by $1,000,000) (increased by
25 $15,000,000) (increased by $5,000,000) (reduced by
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1 $5,000,000) (reduced by $3,000,000) (increased by
2 $3,000,000), to remain available for obligation until Sep-
3 tember 30, 2022.
4 OPERATIONAL TEST AND EVALUATION, DEFENSE
5 For expenses, not otherwise provided for, necessary
6 for the independent activities of the Director, Operational
7 Test and Evaluation, in the direction and supervision of
8 operational test and evaluation, including initial oper-
9 ational test and evaluation which is conducted prior to,
10 and in support of, production decisions; joint operational
11 testing and evaluation; and administrative expenses in
12 connection therewith, $210,090,000, to remain available
13 for obligation until September 30, 2022.
14 TITLE V
15 REVOLVING AND MANAGEMENT FUNDS
16 DEFENSE WORKING CAPITAL FUNDS
17 For the Defense Working Capital Funds,
18 $1,348,910,000.
19 TITLE VI
20 OTHER DEPARTMENT OF DEFENSE PROGRAMS
21 DEFENSE HEALTH PROGRAM
22 For expenses, not otherwise provided for, for medical
23 and health care programs of the Department of Defense
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24 as authorized by law, $33,297,902,000 (increased by
25 $5,000,000) (reduced by $5,000,000) (increased by
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1 $5,000,000) (increased by $10,000,000) (increased by
2 $2,000,000) (reduced by $4,000,000) (increased by
3 $4,000,000) (increased by $7,400,000) (reduced by
4 $7,400,000); of which $31,097,781,000 (reduced by
5 $4,500,000) (reduced by $5,000,000) (reduced by
6 $5,000,000) (increased by $5,000,000), shall be for oper-
7 ation and maintenance, of which not to exceed 1 percent
8 shall remain available for obligation until September 30,
9 2022, and of which up to $16,024,715,000 may be avail-
10 able for contracts entered into under the TRICARE pro-
11 gram; of which $557,896,000, to remain available for obli-
12 gation until September 30, 2023, shall be for procure-
13 ment; and of which $1,642,225,000 (increased by
14 $4,500,000) (increased by $5,000,000) (increased by
15 $5,000,000) (increased by $10,000,000) (increased by
16 $2,000,000), to remain available for obligation until Sep-
17 tember 30, 2022, shall be for research, development, test
18 and evaluation: Provided, That, notwithstanding any other
19 provision of law, of the amount made available under this
20 heading for research, development, test and evaluation,
21 not less than $8,000,000 shall be available for HIV pre-
22 vention educational activities undertaken in connection
23 with United States military training, exercises, and hu-
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24 manitarian assistance activities conducted primarily in Af-
25 rican nations: Provided further, That of the funds provided
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1 under this heading for research, development, test and
2 evaluation, not less than $1,020,500,000 (increased by
3 $4,500,000) (increased by $5,000,000) (increased by
4 $5,000,000) (increased by $10,000,000) (increased by
5 $2,000,000) shall be made available to the United States
6 Army Medical Research and Development Command to
7 carry out the congressionally directed medical research
8 programs: Provided further, That the Secretary of Defense
9 shall submit to the Congressional defense committees
10 quarterly reports on the current status of the deployment
11 of the electronic health record: Provided further, That the
12 Secretary of Defense shall provide notice to the Congres-
13 sional defense committees not later than 10 business days
14 after delaying the proposed timeline of such deployment
15 if such delay is longer than 1 week: Provided further, That
16 the Comptroller General of the United States shall per-
17 form quarterly performance reviews of such deployment.
18 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
19 DEFENSE
20 For expenses, not otherwise provided for, necessary
21 for the destruction of the United States stockpile of lethal
22 chemical agents and munitions in accordance with the pro-
23 visions of section 1412 of the Department of Defense Au-
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24 thorization Act, 1986 (50 U.S.C. 1521), and for the de-
25 struction of other chemical warfare materials that are not
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1 in the chemical weapon stockpile, $889,500,000, of which
2 $106,691,000 shall be for operation and maintenance, of
3 which no less than $51,009,000 shall be for the Chemical
4 Stockpile Emergency Preparedness Program, consisting of
5 $22,235,000 for activities on military installations and
6 $28,774,000, to remain available until September 30,
7 2022, to assist State and local governments; $616,000
8 shall be for procurement, to remain available until Sep-
9 tember 30, 2023, of which not less than $616,000 shall
10 be for the Chemical Stockpile Emergency Preparedness
11 Program to assist State and local governments; and
12 $782,193,000, to remain available until September 30,
13 2022, shall be for research, development, test and evalua-
14 tion, of which $775,699,000 shall only be for the Assem-
15 bled Chemical Weapons Alternatives program.
16 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
17 DEFENSE
18 (INCLUDING TRANSFER OF FUNDS)
19 For drug interdiction and counter-drug activities of
20 the Department of Defense, for transfer to appropriations
21 available to the Department of Defense for military per-
22 sonnel of the reserve components serving under the provi-
23 sions of title 10 and title 32, United States Code; for oper-
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24 ation and maintenance; for procurement; and for research,
25 development, test and evaluation, $746,223,000, of which
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1 $421,029,000 shall be for counter-narcotics support;
2 $123,704,000 (reduced by $4,000,000) (increased by
3 $4,000,000) shall be for the drug demand reduction pro-
4 gram; $195,979,000 (reduced by $4,000,000) (increased
5 by $4,000,000) shall be for the National Guard counter-
6 drug program; and $5,511,000 shall be for the National
7 Guard counter-drug schools program: Provided, That the
8 funds appropriated under this heading shall be available
9 for obligation for the same time period and for the same
10 purpose as the appropriation to which transferred: Pro-
11 vided further, That upon a determination that all or part
12 of the funds transferred from this appropriation are not
13 necessary for the purposes provided herein, such amounts
14 may be transferred back to this appropriation: Provided
15 further, That the transfer authority provided under this
16 heading is in addition to any other transfer authority con-
17 tained elsewhere in this Act: Provided further, That funds
18 appropriated under this heading for counter-narcotics sup-
19 port may only be transferred 15 days following written
20 notification to the congressional defense committees.
21 OFFICE OF THE INSPECTOR GENERAL
22 For expenses and activities of the Office of the In-
23 spector General in carrying out the provisions of the In-
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24 spector General Act of 1978, as amended, $387,696,000,
25 of which $385,740,000 shall be for operation and mainte-
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1 nance, of which not to exceed $700,000 is available for
2 emergencies and extraordinary expenses to be expended on
3 the approval or authority of the Inspector General, and
4 payments may be made on the Inspector General’s certifi-
5 cate of necessity for confidential military purposes; of
6 which $858,000, to remain available for obligation until
7 September 30, 2023, shall be for procurement; and of
8 which $1,098,000, to remain available until September 30,
9 2022, shall be for research, development, test and evalua-
10 tion.
11 TITLE VII
12 RELATED AGENCIES
13 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
14 DISABILITY SYSTEM FUND
15 For payment to the Central Intelligence Agency Re-
16 tirement and Disability System Fund, to maintain the
17 proper funding level for continuing the operation of the
18 Central Intelligence Agency Retirement and Disability
19 System, $514,000,000.
20 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
21 For necessary expenses of the Intelligence Commu-
22 nity Management Account, $619,728,000.
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1 TITLE VIII
2 GENERAL PROVISIONS
3 SEC. 8001. No part of any appropriation contained
4 in this Act shall be used for publicity or propaganda pur-
5 poses not authorized by the Congress.
6 SEC. 8002. During the current fiscal year, provisions
7 of law prohibiting the payment of compensation to, or em-
8 ployment of, any person not a citizen of the United States
9 shall not apply to personnel of the Department of Defense:
10 Provided, That salary increases granted to direct and indi-
11 rect hire foreign national employees of the Department of
12 Defense funded by this Act shall not be at a rate in excess
13 of the percentage increase authorized by law for civilian
14 employees of the Department of Defense whose pay is
15 computed under the provisions of section 5332 of title 5,
16 United States Code, or at a rate in excess of the percent-
17 age increase provided by the appropriate host nation to
18 its own employees, whichever is higher: Provided further,
19 That this section shall not apply to Department of De-
20 fense foreign service national employees serving at United
21 States diplomatic missions whose pay is set by the Depart-
22 ment of State under the Foreign Service Act of 1980: Pro-
23 vided further, That the limitations of this provision shall
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24 not apply to foreign national employees of the Department
25 of Defense in the Republic of Turkey.
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1 SEC. 8003. No part of any appropriation contained
2 in this Act shall remain available for obligation beyond
3 the current fiscal year, unless expressly so provided herein.
4 SEC. 8004. No more than 20 percent of the appro-
5 priations in this Act which are limited for obligation dur-
6 ing the current fiscal year shall be obligated during the
7 last 2 months of the fiscal year: Provided, That this sec-
8 tion shall not apply to obligations for support of active
9 duty training of reserve components or summer camp
10 training of the Reserve Officers’ Training Corps.
11 (TRANSFER OF FUNDS)
12 SEC. 8005. Upon determination by the Secretary of
13 Defense that such action is necessary in the national inter-
14 est, the Secretary may, with the approval of the Office
15 of Management and Budget, transfer not to exceed
16 $1,000,000,000 of working capital funds of the Depart-
17 ment of Defense or funds made available in this Act to
18 the Department of Defense for military functions (except
19 military construction) between such appropriations or
20 funds or any subdivision thereof, to be merged with and
21 to be available for the same purposes, and for the same
22 time period, as the appropriation or fund to which trans-
23 ferred: Provided, That such authority to transfer may not
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24 be used unless for higher priority items, based on unfore-
25 seen military requirements, than those for which originally
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1 appropriated and in no case where the item for which
2 funds are requested has been denied by the Congress: Pro-
3 vided further, That the Secretary of Defense shall notify
4 the Congress promptly of all transfers made pursuant to
5 this authority or any other authority in this Act: Provided
6 further, That no part of the funds in this Act shall be
7 available to prepare or present a request to the Commit-
8 tees on Appropriations of the House of Representatives
9 and the Senate for reprogramming of funds, unless for
10 higher priority items, based on unforeseen military re-
11 quirements, than those for which originally appropriated
12 and in no case where the item for which reprogramming
13 is requested has been denied by the Congress: Provided
14 further, That a request for multiple reprogrammings of
15 funds using authority provided in this section shall be
16 made prior to June 30, 2021: Provided further, That
17 transfers among military personnel appropriations shall
18 not be taken into account for purposes of the limitation
19 on the amount of funds that may be transferred under
20 this section.
21 SEC. 8006. (a) With regard to the list of specific pro-
22 grams, projects, and activities (and the dollar amounts
23 and adjustments to budget activities corresponding to
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24 such programs, projects, and activities) contained in the
25 tables titled Explanation of Project Level Adjustments in
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1 the explanatory statement regarding this Act, the obliga-
2 tion and expenditure of amounts appropriated or other-
3 wise made available in this Act for those programs,
4 projects, and activities for which the amounts appro-
5 priated exceed the amounts requested are hereby required
6 by law to be carried out in the manner provided by such
7 tables to the same extent as if the tables were included
8 in the text of this Act.
9 (b) Amounts specified in the referenced tables de-
10 scribed in subsection (a) shall not be treated as subdivi-
11 sions of appropriations for purposes of section 8005 of this
12 Act: Provided, That section 8005 shall apply when trans-
13 fers of the amounts described in subsection (a) occur be-
14 tween appropriation accounts.
15 SEC. 8007. (a) Not later than 60 days after enact-
16 ment of this Act, the Department of Defense shall submit
17 a report to the congressional defense committees to estab-
18 lish the baseline for application of reprogramming and
19 transfer authorities for fiscal year 2021: Provided, That
20 the report shall include—
21 (1) a table for each appropriation with a sepa-
22 rate column to display the President’s budget re-
23 quest, adjustments made by Congress, adjustments
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24 due to enacted rescissions, if appropriate, and the
25 fiscal year enacted level;
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1 (2) a delineation in the table for each appro-
2 priation both by budget activity and program,
3 project, and activity as detailed in the Budget Ap-
4 pendix; and
5 (3) an identification of items of special congres-
6 sional interest.
7 (b) Notwithstanding section 8005 of this Act, none
8 of the funds provided in this Act shall be available for
9 reprogramming or transfer until the report identified in
10 subsection (a) is submitted to the congressional defense
11 committees, unless the Secretary of Defense certifies in
12 writing to the congressional defense committees that such
13 reprogramming or transfer is necessary as an emergency
14 requirement: Provided, That this subsection shall not
15 apply to transfers from the following appropriations ac-
16 counts:
17 ‘‘Environmental Restoration, Army’’;
18 ‘‘Environmental Restoration, Navy’’;
19 ‘‘Environmental Restoration, Air Force’’;
20 ‘‘Environmental Restoration, Defense-Wide’’; and
21 ‘‘Environmental Restoration, Formerly Used Defense
22 Sites’’.
23 (TRANSFER OF FUNDS)
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24 SEC. 8008. During the current fiscal year, cash bal-
25 ances in working capital funds of the Department of De-
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1 fense established pursuant to section 2208 of title 10,
2 United States Code, may be maintained in only such
3 amounts as are necessary at any time for cash disburse-
4 ments to be made from such funds: Provided, That trans-
5 fers may be made between such funds: Provided further,
6 That transfers may be made between working capital
7 funds and the ‘‘Foreign Currency Fluctuations, Defense’’
8 appropriation and the ‘‘Operation and Maintenance’’ ap-
9 propriation accounts in such amounts as may be deter-
10 mined by the Secretary of Defense, with the approval of
11 the Office of Management and Budget, except that such
12 transfers may not be made unless the Secretary of Defense
13 has notified the Congress of the proposed transfer: Pro-
14 vided further, That except in amounts equal to the
15 amounts appropriated to working capital funds in this Act,
16 no obligations may be made against a working capital fund
17 to procure or increase the value of war reserve material
18 inventory, unless the Secretary of Defense has notified the
19 Congress prior to any such obligation.
20 SEC. 8009. Funds appropriated by this Act may not
21 be used to initiate a special access program without prior
22 notification 30 calendar days in advance to the congres-
23 sional defense committees.
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24 SEC. 8010. None of the funds provided in this Act
25 shall be available to initiate: (1) a multiyear contract that
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1 employs economic order quantity procurement in excess of
2 $20,000,000 in any one year of the contract or that in-
3 cludes an unfunded contingent liability in excess of
4 $20,000,000; or (2) a contract for advance procurement
5 leading to a multiyear contract that employs economic
6 order quantity procurement in excess of $20,000,000 in
7 any one year, unless the congressional defense committees
8 have been notified at least 30 days in advance of the pro-
9 posed contract award: Provided, That no part of any ap-
10 propriation contained in this Act shall be available to ini-
11 tiate a multiyear contract for which the economic order
12 quantity advance procurement is not funded at least to
13 the limits of the Government’s liability: Provided further,
14 That no part of any appropriation contained in this Act
15 shall be available to initiate multiyear procurement con-
16 tracts for any systems or component thereof if the value
17 of the multiyear contract would exceed $500,000,000 un-
18 less specifically provided in this Act: Provided further,
19 That no multiyear procurement contract can be termi-
20 nated without 30-day prior notification to the congres-
21 sional defense committees: Provided further, That the exe-
22 cution of multiyear authority shall require the use of a
23 present value analysis to determine lowest cost compared
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24 to an annual procurement: Provided further, That none of
25 the funds provided in this Act may be used for a multiyear
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1 contract executed after the date of the enactment of this
2 Act unless in the case of any such contract—
3 (1) the Secretary of Defense has submitted to
4 Congress a budget request for full funding of units
5 to be procured through the contract and, in the case
6 of a contract for procurement of aircraft, that in-
7 cludes, for any aircraft unit to be procured through
8 the contract for which procurement funds are re-
9 quested in that budget request for production be-
10 yond advance procurement activities in the fiscal
11 year covered by the budget, full funding of procure-
12 ment of such unit in that fiscal year;
13 (2) cancellation provisions in the contract do
14 not include consideration of recurring manufacturing
15 costs of the contractor associated with the produc-
16 tion of unfunded units to be delivered under the con-
17 tract;
18 (3) the contract provides that payments to the
19 contractor under the contract shall not be made in
20 advance of incurred costs on funded units; and
21 (4) the contract does not provide for a price ad-
22 justment based on a failure to award a follow-on
23 contract.
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24 SEC. 8011. Within the funds appropriated for the op-
25 eration and maintenance of the Armed Forces, funds are
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1 hereby appropriated pursuant to section 401 of title 10,
2 United States Code, for humanitarian and civic assistance
3 costs under chapter 20 of title 10, United States Code.
4 Such funds may also be obligated for humanitarian and
5 civic assistance costs incidental to authorized operations
6 and pursuant to authority granted in section 401 of title
7 10, United States Code, and these obligations shall be re-
8 ported as required by section 401(d) of title 10, United
9 States Code: Provided, That funds available for operation
10 and maintenance shall be available for providing humani-
11 tarian and similar assistance by using Civic Action Teams
12 in the Trust Territories of the Pacific Islands and freely
13 associated states of Micronesia, pursuant to the Compact
14 of Free Association as authorized by Public Law 99–239:
15 Provided further, That upon a determination by the Sec-
16 retary of the Army that such action is beneficial for grad-
17 uate medical education programs conducted at Army med-
18 ical facilities located in Hawaii, the Secretary of the Army
19 may authorize the provision of medical services at such
20 facilities and transportation to such facilities, on a non-
21 reimbursable basis, for civilian patients from American
22 Samoa, the Commonwealth of the Northern Mariana Is-
23 lands, the Marshall Islands, the Federated States of Mi-
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24 cronesia, Palau, and Guam.
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1 SEC. 8012. (a) During the current fiscal year, the
2 civilian personnel of the Department of Defense may not
3 be managed on the basis of any constraint or limitation
4 in terms of man years, end strength, full-time equivalent
5 positions, or maximum number of employees, but are to
6 be managed primarily on the basis of, and in a manner
7 consistent with—
8 (1) the total force management policies and
9 procedures established under section 129a of title
10 10, United States Code;
11 (2) the workload required to carry out the func-
12 tions and activities of the Department; and
13 (3) the funds made available to the Department
14 for such fiscal year.
15 (b) None of the funds appropriated by this Act may
16 be used to reduce the civilian workforce programmed full
17 time equivalent levels absent the appropriate analysis of
18 the impacts of these reductions on workload, military force
19 structure, lethality, readiness, operational effectiveness,
20 stress on the military force, and fully burdened costs.
21 (c) None of the funds appropriated by this Act may
22 be used for term or temporary hiring authorities for en-
23 during functions.
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24 (d) A projection of the number of full-time equivalent
25 positions shall not be considered a constraint or limitation
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1 for purposes of subsection (a) and reducing funding for
2 under-execution of such a projection shall not be consid-
3 ered managing based on a constraint or limitation for pur-
4 poses of such subsection.
5 (e) The fiscal year 2022 budget request for the De-
6 partment of Defense, and any justification material and
7 other documentation supporting such request, shall be
8 prepared and submitted to Congress as if subsections (a)
9 and (b) were effective with respect to such fiscal year.
10 (f) Nothing in this section shall be construed to apply
11 to military (civilian) technicians.
12 SEC. 8013. None of the funds made available by this
13 Act shall be used in any way, directly or indirectly, to in-
14 fluence congressional action on any legislation or appro-
15 priation matters pending before the Congress.
16 SEC. 8014. None of the funds appropriated by this
17 Act shall be available for the basic pay and allowances of
18 any member of the Army participating as a full-time stu-
19 dent and receiving benefits paid by the Secretary of Vet-
20 erans Affairs from the Department of Defense Education
21 Benefits Fund when time spent as a full-time student is
22 credited toward completion of a service commitment: Pro-
23 vided, That this section shall not apply to those members
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24 who have reenlisted with this option prior to October 1,
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1 1987: Provided further, That this section applies only to
2 active components of the Army.
3 (TRANSFER OF FUNDS)
4 SEC. 8015. Funds appropriated in title III of this Act
5 for the Department of Defense Pilot Mentor-Protégé Pro-
6 gram may be transferred to any other appropriation con-
7 tained in this Act solely for the purpose of implementing
8 a Mentor-Protégé Program developmental assistance
9 agreement pursuant to section 831 of the National De-
10 fense Authorization Act for Fiscal Year 1991 (Public Law
11 101–510; 10 U.S.C. 2302 note), as amended, under the
12 authority of this provision or any other transfer authority
13 contained in this Act.
14 SEC. 8016. None of the funds in this Act may be
15 available for the purchase by the Department of Defense
16 (and its departments and agencies) of welded shipboard
17 anchor and mooring chain 4 inches in diameter and under
18 unless the anchor and mooring chain are manufactured
19 in the United States from components which are substan-
20 tially manufactured in the United States: Provided, That
21 for the purpose of this section, the term ‘‘manufactured’’
22 shall include cutting, heat treating, quality control, testing
23 of chain and welding (including the forging and shot blast-
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24 ing process): Provided further, That for the purpose of this
25 section substantially all of the components of anchor and
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1 mooring chain shall be considered to be produced or manu-
2 factured in the United States if the aggregate cost of the
3 components produced or manufactured in the United
4 States exceeds the aggregate cost of the components pro-
5 duced or manufactured outside the United States: Pro-
6 vided further, That when adequate domestic supplies are
7 not available to meet Department of Defense requirements
8 on a timely basis, the Secretary of the Service responsible
9 for the procurement may waive this restriction on a case-
10 by-case basis by certifying in writing to the Committees
11 on Appropriations of the House of Representatives and the
12 Senate that such an acquisition must be made in order
13 to acquire capability for national security purposes.
14 SEC. 8017. None of the funds appropriated by this
15 Act shall be used for the support of any nonappropriated
16 funds activity of the Department of Defense that procures
17 malt beverages and wine with nonappropriated funds for
18 resale (including such alcoholic beverages sold by the
19 drink) on a military installation located in the United
20 States unless such malt beverages and wine are procured
21 within that State, or in the case of the District of Colum-
22 bia, within the District of Columbia, in which the military
23 installation is located: Provided, That, in a case in which
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24 the military installation is located in more than one State,
25 purchases may be made in any State in which the installa-
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1 tion is located: Provided further, That such local procure-
2 ment requirements for malt beverages and wine shall
3 apply to all alcoholic beverages only for military installa-
4 tions in States which are not contiguous with another
5 State: Provided further, That alcoholic beverages other
6 than wine and malt beverages, in contiguous States and
7 the District of Columbia shall be procured from the most
8 competitive source, price and other factors considered.
9 SEC. 8018. None of the funds available to the De-
10 partment of Defense may be used to demilitarize or dis-
11 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,
12 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or
13 to demilitarize or destroy small arms ammunition or am-
14 munition components that are not otherwise prohibited
15 from commercial sale under Federal law, unless the small
16 arms ammunition or ammunition components are certified
17 by the Secretary of the Army or designee as unserviceable
18 or unsafe for further use.
19 SEC. 8019. No more than $500,000 of the funds ap-
20 propriated or made available in this Act shall be used dur-
21 ing a single fiscal year for any single relocation of an orga-
22 nization, unit, activity or function of the Department of
23 Defense into or within the National Capital Region: Pro-
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24 vided, That the Secretary of Defense may waive this re-
25 striction on a case-by-case basis by certifying in writing
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1 to the congressional defense committees that such a relo-
2 cation is required in the best interest of the Government.
3 SEC. 8020. In addition to the funds provided else-
4 where in this Act, $25,000,000 is appropriated only for
5 incentive payments authorized by section 504 of the In-
6 dian Financing Act of 1974 (25 U.S.C. 1544): Provided,
7 That a prime contractor or a subcontractor at any tier
8 that makes a subcontract award to any subcontractor or
9 supplier as defined in section 1544 of title 25, United
10 States Code, or a small business owned and controlled by
11 an individual or individuals defined under section 4221(9)
12 of title 25, United States Code, shall be considered a con-
13 tractor for the purposes of being allowed additional com-
14 pensation under section 504 of the Indian Financing Act
15 of 1974 (25 U.S.C. 1544) whenever the prime contract
16 or subcontract amount is over $500,000 and involves the
17 expenditure of funds appropriated by an Act making ap-
18 propriations for the Department of Defense with respect
19 to any fiscal year: Provided further, That notwithstanding
20 section 1906 of title 41, United States Code, this section
21 shall be applicable to any Department of Defense acquisi-
22 tion of supplies or services, including any contract and any
23 subcontract at any tier for acquisition of commercial items
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24 produced or manufactured, in whole or in part, by any
25 subcontractor or supplier defined in section 1544 of title
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1 25, United States Code, or a small business owned and
2 controlled by an individual or individuals defined under
3 section 4221(9) of title 25, United States Code.
4 SEC. 8021. Funds appropriated by this Act for the
5 Defense Media Activity shall not be used for any national
6 or international political or psychological activities.
7 SEC. 8022. During the current fiscal year, the De-
8 partment of Defense is authorized to incur obligations of
9 not to exceed $350,000,000 for purposes specified in sec-
10 tion 2350j(c) of title 10, United States Code, in anticipa-
11 tion of receipt of contributions, only from the Government
12 of Kuwait, under that section: Provided, That, upon re-
13 ceipt, such contributions from the Government of Kuwait
14 shall be credited to the appropriations or fund which in-
15 curred such obligations.
16 SEC. 8023. (a) The Secretary of Defense shall notify
17 the congressional defense committees in writing not more
18 than 15 days after the receipt of any contribution of funds
19 received from the government of a foreign country for any
20 purpose relating to the stationing or operations of the
21 United States Armed Forces.
22 (b) Any notification submitted under subsection (a)
23 shall include the amount of the contribution; the purpose
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24 for which such contribution was made; and the authority
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1 under which such contribution was accepted by the Sec-
2 retary of Defense.
3 (c) The Secretary of Defense shall, not fewer than
4 15 days prior to obligating funds received pursuant to sub-
5 section (a), submit to the congressional defense commit-
6 tees in writing a notification of the details of any such
7 obligation, including—
8 (1) the total amount of such contributions and
9 the date received;
10 (2) the account or accounts to which such con-
11 tributions were deposited and may be subsequently
12 transferred;
13 (3) a description of the purpose for which such
14 contributions were made; any contributions expected
15 in future years from the foreign country; any agree-
16 ment or memorandum of understanding between the
17 United States and such country relating to such con-
18 tributions; and any associated in-kind contributions;
19 (4) the planned use of such contributions, in-
20 cluding whether such contributions would support
21 existing or new stationing or operations of the
22 United States Armed Forces; and
23 (5) a list of any additional congressional action
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24 or notification (other than the notification required
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1 by this section) needed prior to the obligation or ex-
2 penditure of such contributions.
3 (d) Nothing in this section may be construed to au-
4 thorize the Secretary to accept contributions from a for-
5 eign country.
6 SEC. 8024. (a) Of the funds made available in this
7 Act, not less than $56,205,000 shall be available for the
8 Civil Air Patrol Corporation, of which—
9 (1) $43,205,000 shall be available from ‘‘Oper-
10 ation and Maintenance, Air Force’’ to support Civil
11 Air Patrol Corporation operation and maintenance,
12 readiness, counter-drug activities, and drug demand
13 reduction activities involving youth programs;
14 (2) $11,200,000 shall be available from ‘‘Air-
15 craft Procurement, Air Force’’; and
16 (3) $1,800,000 shall be available from ‘‘Other
17 Procurement, Air Force’’ for vehicle procurement.
18 (b) The Secretary of the Air Force should waive reim-
19 bursement for any funds used by the Civil Air Patrol for
20 counter-drug activities in support of Federal, State, and
21 local government agencies.
22 SEC. 8025. (a) None of the funds appropriated in this
23 Act are available to establish a new Department of De-
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24 fense (department) federally funded research and develop-
25 ment center (FFRDC), either as a new entity, or as a
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1 separate entity administrated by an organization man-
2 aging another FFRDC, or as a nonprofit membership cor-
3 poration consisting of a consortium of other FFRDCs and
4 other nonprofit entities.
5 (b) No member of a Board of Directors, Trustees,
6 Overseers, Advisory Group, Special Issues Panel, Visiting
7 Committee, or any similar entity of a defense FFRDC,
8 and no paid consultant to any defense FFRDC, except
9 when acting in a technical advisory capacity, may be com-
10 pensated for his or her services as a member of such enti-
11 ty, or as a paid consultant by more than one FFRDC in
12 a fiscal year: Provided, That a member of any such entity
13 referred to previously in this subsection shall be allowed
14 travel expenses and per diem as authorized under the Fed-
15 eral Joint Travel Regulations, when engaged in the per-
16 formance of membership duties.
17 (c) Notwithstanding any other provision of law, none
18 of the funds available to the department from any source
19 during the current fiscal year may be used by a defense
20 FFRDC, through a fee or other payment mechanism, for
21 construction of new buildings not located on a military in-
22 stallation, for payment of cost sharing for projects funded
23 by Government grants, for absorption of contract over-
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24 runs, or for certain charitable contributions, not to include
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1 employee participation in community service and/or devel-
2 opment.
3 (d) Notwithstanding any other provision of law, of
4 the funds available to the department during fiscal year
5 2021, not more than 6,110 staff years of technical effort
6 (staff years) may be funded for defense FFRDCs: Pro-
7 vided, That, of the specific amount referred to previously
8 in this subsection, not more than 1,148 staff years may
9 be funded for the defense studies and analysis FFRDCs:
10 Provided further, That this subsection shall not apply to
11 staff years funded in the National Intelligence Program
12 and the Military Intelligence Program.
13 (e) The Secretary of Defense shall, with the submis-
14 sion of the department’s fiscal year 2022 budget request,
15 submit a report presenting the specific amounts of staff
16 years of technical effort to be allocated for each defense
17 FFRDC during that fiscal year and the associated budget
18 estimates.
19 (f) Notwithstanding any other provision of this Act,
20 the total amount appropriated in this Act for FFRDCs
21 is hereby increased by $21,834,000: Provided, That this
22 subsection shall not apply to appropriations for the Na-
23 tional Intelligence Program (NIP) and the Military Intel-
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24 ligence Program (MIP).
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1 SEC. 8026. None of the funds appropriated or made
2 available in this Act shall be used to procure carbon, alloy,
3 or armor steel plate for use in any Government-owned fa-
4 cility or property under the control of the Department of
5 Defense which were not melted and rolled in the United
6 States or Canada: Provided, That these procurement re-
7 strictions shall apply to any and all Federal Supply Class
8 9515, American Society of Testing and Materials (ASTM)
9 or American Iron and Steel Institute (AISI) specifications
10 of carbon, alloy or armor steel plate: Provided further,
11 That the Secretary of the military department responsible
12 for the procurement may waive this restriction on a case-
13 by-case basis by certifying in writing to the Committees
14 on Appropriations of the House of Representatives and the
15 Senate that adequate domestic supplies are not available
16 to meet Department of Defense requirements on a timely
17 basis and that such an acquisition must be made in order
18 to acquire capability for national security purposes: Pro-
19 vided further, That these restrictions shall not apply to
20 contracts which are in being as of the date of the enact-
21 ment of this Act.
22 SEC. 8027. For the purposes of this Act, the term
23 ‘‘congressional defense committees’’ means the Armed
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24 Services Committee of the House of Representatives, the
25 Armed Services Committee of the Senate, the Sub-
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1 committee on Defense of the Committee on Appropriations
2 of the Senate, and the Subcommittee on Defense of the
3 Committee on Appropriations of the House of Representa-
4 tives.
5 SEC. 8028. During the current fiscal year, the De-
6 partment of Defense may acquire the modification, depot
7 maintenance and repair of aircraft, vehicles and vessels
8 as well as the production of components and other De-
9 fense-related articles, through competition between De-
10 partment of Defense depot maintenance activities and pri-
11 vate firms: Provided, That the Senior Acquisition Execu-
12 tive of the military department or Defense Agency con-
13 cerned, with power of delegation, shall certify that success-
14 ful bids include comparable estimates of all direct and in-
15 direct costs for both public and private bids: Provided fur-
16 ther, That Office of Management and Budget Circular A–
17 76 shall not apply to competitions conducted under this
18 section.
19 SEC. 8029. (a)(1) If the Secretary of Defense, after
20 consultation with the United States Trade Representative,
21 determines that a foreign country which is party to an
22 agreement described in paragraph (2) has violated the
23 terms of the agreement by discriminating against certain
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24 types of products produced in the United States that are
25 covered by the agreement, the Secretary of Defense shall
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1 rescind the Secretary’s blanket waiver of the Buy Amer-
2 ican Act with respect to such types of products produced
3 in that foreign country.
4 (2) An agreement referred to in paragraph (1) is any
5 reciprocal defense procurement memorandum of under-
6 standing, between the United States and a foreign country
7 pursuant to which the Secretary of Defense has prospec-
8 tively waived the Buy American Act for certain products
9 in that country.
10 (b) The Secretary of Defense shall submit to the Con-
11 gress a report on the amount of Department of Defense
12 purchases from foreign entities in fiscal year 2021. Such
13 report shall separately indicate the dollar value of items
14 for which the Buy American Act was waived pursuant to
15 any agreement described in subsection (a)(2), the Trade
16 Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any
17 international agreement to which the United States is a
18 party.
19 (c) For purposes of this section, the term ‘‘Buy
20 American Act’’ means chapter 83 of title 41, United
21 States Code.
22 SEC. 8030. During the current fiscal year, amounts
23 contained in the Department of Defense Overseas Military
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24 Facility Investment Recovery Account established by sec-
25 tion 2921(c)(1) of the National Defense Authorization Act
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1 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall
2 be available until expended for the payments specified by
3 section 2921(c)(2) of that Act.
4 SEC. 8031. (a) Notwithstanding any other provision
5 of law, the Secretary of the Air Force may convey at no
6 cost to the Air Force, without consideration, to Indian
7 Tribes located in the States of Nevada, Idaho, North Da-
8 kota, South Dakota, Montana, Oregon, Minnesota, and
9 Washington relocatable military housing units located at
10 Grand Forks Air Force Base, Malmstrom Air Force Base,
11 Mountain Home Air Force Base, Ellsworth Air Force
12 Base, and Minot Air Force Base that are excess to the
13 needs of the Air Force.
14 (b) The Secretary of the Air Force shall convey, at
15 no cost to the Air Force, military housing units under sub-
16 section (a) in accordance with the request for such units
17 that are submitted to the Secretary by the Operation
18 Walking Shield Program on behalf of Indian Tribes lo-
19 cated in the States of Nevada, Idaho, North Dakota,
20 South Dakota, Montana, Oregon, Minnesota, and Wash-
21 ington. Any such conveyance shall be subject to the condi-
22 tion that the housing units shall be removed within a rea-
23 sonable period of time, as determined by the Secretary.
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24 (c) The Operation Walking Shield Program shall re-
25 solve any conflicts among requests of Indian Tribes for
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1 housing units under subsection (a) before submitting re-
2 quests to the Secretary of the Air Force under subsection
3 (b).
4 (d) In this section, the term ‘‘Indian Tribe’’ means
5 any recognized Indian Tribe included on the current list
6 published by the Secretary of the Interior under section
7 104 of the Federally Recognized Indian Tribe Act of 1994
8 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131).
9 SEC. 8032. During the current fiscal year, appropria-
10 tions which are available to the Department of Defense
11 for operation and maintenance may be used to purchase
12 items having an investment item unit cost of not more
13 than $250,000.
14 SEC. 8033. Up to $14,000,000 of the funds appro-
15 priated under the heading ‘‘Operation and Maintenance,
16 Navy’’ may be made available for the Asia Pacific Re-
17 gional Initiative Program for the purpose of enabling the
18 United States Indo-Pacific Command to execute Theater
19 Security Cooperation activities such as humanitarian as-
20 sistance, and payment of incremental and personnel costs
21 of training and exercising with foreign security forces:
22 Provided, That funds made available for this purpose may
23 be used, notwithstanding any other funding authorities for
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24 humanitarian assistance, security assistance or combined
25 exercise expenses: Provided further, That funds may not
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1 be obligated to provide assistance to any foreign country
2 that is otherwise prohibited from receiving such type of
3 assistance under any other provision of law.
4 SEC. 8034. The Secretary of Defense shall issue reg-
5 ulations to prohibit the sale of any tobacco or tobacco-
6 related products in military resale outlets in the United
7 States, its territories and possessions at a price below the
8 most competitive price in the local community: Provided,
9 That such regulations shall direct that the prices of to-
10 bacco or tobacco-related products in overseas military re-
11 tail outlets shall be within the range of prices established
12 for military retail system stores located in the United
13 States.
14 SEC. 8035. (a) During the current fiscal year, none
15 of the appropriations or funds available to the Department
16 of Defense Working Capital Funds shall be used for the
17 purchase of an investment item for the purpose of acquir-
18 ing a new inventory item for sale or anticipated sale dur-
19 ing the current fiscal year or a subsequent fiscal year to
20 customers of the Department of Defense Working Capital
21 Funds if such an item would not have been chargeable
22 to the Department of Defense Business Operations Fund
23 during fiscal year 1994 and if the purchase of such an
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24 investment item would be chargeable during the current
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1 fiscal year to appropriations made to the Department of
2 Defense for procurement.
3 (b) The fiscal year 2022 budget request for the De-
4 partment of Defense as well as all justification material
5 and other documentation supporting the fiscal year 2022
6 Department of Defense budget shall be prepared and sub-
7 mitted to the Congress on the basis that any equipment
8 which was classified as an end item and funded in a pro-
9 curement appropriation contained in this Act shall be
10 budgeted for in a proposed fiscal year 2022 procurement
11 appropriation and not in the supply management business
12 area or any other area or category of the Department of
13 Defense Working Capital Funds.
14 SEC. 8036. None of the funds appropriated by this
15 Act for programs of the Central Intelligence Agency shall
16 remain available for obligation beyond the current fiscal
17 year, except for funds appropriated for the Reserve for
18 Contingencies, which shall remain available until Sep-
19 tember 30, 2022: Provided, That funds appropriated,
20 transferred, or otherwise credited to the Central Intel-
21 ligence Agency Central Services Working Capital Fund
22 during this or any prior or subsequent fiscal year shall
23 remain available until expended: Provided further, That
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24 any funds appropriated or transferred to the Central Intel-
25 ligence Agency for advanced research and development ac-
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1 quisition, for agent operations, and for covert action pro-
2 grams authorized by the President under section 503 of
3 the National Security Act of 1947 (50 U.S.C. 3093) shall
4 remain available until September 30, 2022: Provided fur-
5 ther, That any funds appropriated or transferred to the
6 Central Intelligence Agency for the construction, improve-
7 ment, or alteration of facilities, including leased facilities,
8 to be used primarily by personnel of the intelligence com-
9 munity shall remain available until September 30, 2023.
10 SEC. 8037. Of the funds appropriated to the Depart-
11 ment of Defense under the heading ‘‘Operation and Main-
12 tenance, Defense-Wide’’, not less than $12,000,000 shall
13 be made available only for the mitigation of environmental
14 impacts, including training and technical assistance to
15 Tribes, related administrative support, the gathering of in-
16 formation, documenting of environmental damage, and de-
17 veloping a system for prioritization of mitigation and cost
18 to complete estimates for mitigation, on Indian lands re-
19 sulting from Department of Defense activities.
20 SEC. 8038. (a) None of the funds appropriated in this
21 Act may be expended by an entity of the Department of
22 Defense unless the entity, in expending the funds, com-
23 plies with the Buy American Act. For purposes of this
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24 subsection, the term ‘‘Buy American Act’’ means chapter
25 83 of title 41, United States Code.
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1 (b) If the Secretary of Defense determines that a per-
2 son has been convicted of intentionally affixing a label
3 bearing a ‘‘Made in America’’ inscription to any product
4 sold in or shipped to the United States that is not made
5 in America, the Secretary shall determine, in accordance
6 with section 2410f of title 10, United States Code, wheth-
7 er the person should be debarred from contracting with
8 the Department of Defense.
9 (c) In the case of any equipment or products pur-
10 chased with appropriations provided under this Act, it is
11 the sense of the Congress that any entity of the Depart-
12 ment of Defense, in expending the appropriation, purchase
13 only American-made equipment and products, provided
14 that American-made equipment and products are cost-
15 competitive, quality competitive, and available in a timely
16 fashion.
17 SEC. 8039. (a) Except as provided in subsections (b)
18 and (c), none of the funds made available by this Act may
19 be used—
20 (1) to establish a field operating agency; or
21 (2) to pay the basic pay of a member of the
22 Armed Forces or civilian employee of the depart-
23 ment who is transferred or reassigned from a head-
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24 quarters activity if the member or employee’s place
25 of duty remains at the location of that headquarters.
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1 (b) The Secretary of Defense or Secretary of a mili-
2 tary department may waive the limitations in subsection
3 (a), on a case-by-case basis, if the Secretary determines,
4 and certifies to the Committees on Appropriations of the
5 House of Representatives and the Senate that the grant-
6 ing of the waiver will reduce the personnel requirements
7 or the financial requirements of the department.
8 (c) This section does not apply to—
9 (1) field operating agencies funded within the
10 National Intelligence Program;
11 (2) an Army field operating agency established
12 to eliminate, mitigate, or counter the effects of im-
13 provised explosive devices, and, as determined by the
14 Secretary of the Army, other similar threats;
15 (3) an Army field operating agency established
16 to improve the effectiveness and efficiencies of bio-
17 metric activities and to integrate common biometric
18 technologies throughout the Department of Defense;
19 or
20 (4) an Air Force field operating agency estab-
21 lished to administer the Air Force Mortuary Affairs
22 Program and Mortuary Operations for the Depart-
23 ment of Defense and authorized Federal entities.
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24 SEC. 8040. (a) None of the funds appropriated by
25 this Act shall be available to convert to contractor per-
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1 formance an activity or function of the Department of De-
2 fense that, on or after the date of the enactment of this
3 Act, is performed by Department of Defense civilian em-
4 ployees unless—
5 (1) the conversion is based on the result of a
6 public-private competition that includes a most effi-
7 cient and cost effective organization plan developed
8 by such activity or function;
9 (2) the Competitive Sourcing Official deter-
10 mines that, over all performance periods stated in
11 the solicitation of offers for performance of the ac-
12 tivity or function, the cost of performance of the ac-
13 tivity or function by a contractor would be less costly
14 to the Department of Defense by an amount that
15 equals or exceeds the lesser of—
16 (A) 10 percent of the most efficient organi-
17 zation’s personnel-related costs for performance
18 of that activity or function by Federal employ-
19 ees; or
20 (B) $10,000,000; and
21 (3) the contractor does not receive an advan-
22 tage for a proposal that would reduce costs for the
23 Department of Defense by—
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24 (A) not making an employer-sponsored
25 health insurance plan available to the workers
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1 who are to be employed in the performance of
2 that activity or function under the contract; or
3 (B) offering to such workers an employer-
4 sponsored health benefits plan that requires the
5 employer to contribute less towards the pre-
6 mium or subscription share than the amount
7 that is paid by the Department of Defense for
8 health benefits for civilian employees under
9 chapter 89 of title 5, United States Code.
10 (b)(1) The Department of Defense, without regard
11 to subsection (a) of this section or subsection (a), (b), or
12 (c) of section 2461 of title 10, United States Code, and
13 notwithstanding any administrative regulation, require-
14 ment, or policy to the contrary shall have full authority
15 to enter into a contract for the performance of any com-
16 mercial or industrial type function of the Department of
17 Defense that—
18 (A) is included on the procurement list estab-
19 lished pursuant to section 2 of the Javits-Wagner-
20 O’Day Act (section 8503 of title 41, United States
21 Code);
22 (B) is planned to be converted to performance
23 by a qualified nonprofit agency for the blind or by
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24 a qualified nonprofit agency for other severely handi-
25 capped individuals in accordance with that Act; or
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1 (C) is planned to be converted to performance
2 by a qualified firm under at least 51 percent owner-
3 ship by an Indian Tribe, as defined in section 4(e)
4 of the Indian Self-Determination and Education As-
5 sistance Act (25 U.S.C. 450b(e)), or a Native Ha-
6 waiian Organization, as defined in section 8(a)(15)
7 of the Small Business Act (15 U.S.C. 637(a)(15)).
8 (2) This section shall not apply to depot contracts
9 or contracts for depot maintenance as provided in sections
10 2469 and 2474 of title 10, United States Code.
11 (c) The conversion of any activity or function of the
12 Department of Defense under the authority provided by
13 this section shall be credited toward any competitive or
14 outsourcing goal, target, or measurement that may be es-
15 tablished by statute, regulation, or policy and is deemed
16 to be awarded under the authority of, and in compliance
17 with, subsection (h) of section 2304 of title 10, United
18 States Code, for the competition or outsourcing of com-
19 mercial activities.
20 (RESCISSIONS)
21 SEC. 8041. Of the funds appropriated in Department
22 of Defense Appropriations Acts, the following funds are
23 hereby rescinded from the following accounts and pro-
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24 grams in the specified amounts: Provided, That no
25 amounts may be rescinded from amounts that were des-
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1 ignated by the Congress for Overseas Contingency Oper-
2 ations/Global War on Terrorism or as an emergency re-
3 quirement pursuant to a concurrent resolution on the
4 budget or the Balanced Budget and Emergency Deficit
5 Control Act of 1985, as amended:
6 ‘‘Weapons and Tracked Combat Vehicles, Army’’,
7 2019/2021, $14,250,000;
8 ‘‘Other Procurement, Army’’, 2019/2021,
9 $12,953,000;
10 ‘‘Aircraft Procurement, Navy’’, 2019/2021,
11 $7,983,000;
12 ‘‘Other Procurement, Navy’’, 2019/2021,
13 $2,226,000;
14 ‘‘Aircraft Procurement, Air Force’’, 2019/2021,
15 $236,624,000;
16 ‘‘Other Procurement, Air Force’’, 2019/2021,
17 $12,400,000;
18 ‘‘Operation and Maintenance, Defense-Wide: Defense
19 Security Cooperation Agency’’, 2020/2021, $20,000,000;
20 ‘‘Weapons and Tracked Combat Vehicles, Army’’,
21 2020/2022, $93,840,000;
22 ‘‘Other Procurement, Army’’, 2020/2022,
23 $10,878,000;
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24 ‘‘Aircraft Procurement, Navy’’, 2020/2022,
25 $351,009,000;
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1 ‘‘Shipbuilding and Conversation, Navy: CVN Refuel-
2 ing Overhauls’’, 2020/2024, $13,100,000;
3 ‘‘Shipbuilding and Conversion, Navy: TAO Fleet
4 Oiler (AP)’’, 2020/2024, $73,000,000;
5 ‘‘Other Procurement, Navy’’, 2020/2022,
6 $60,920,000;
7 ‘‘Procurement, Marine Corps’’, 2020/2022,
8 $33,539,000;
9 ‘‘Aircraft Procurement, Air Force’’, 2020/2022,
10 $439,458,000;
11 ‘‘Missile Procurement, Air Force’’, 2020/2022,
12 $24,500,000;
13 ‘‘Other Procurement, Air Force’’, 2020/2022,
14 $11,226,000;
15 ‘‘Research, Development, Test and Evaluation,
16 Army’’, 2020/2021, $310,622,000;
17 ‘‘Research, Development, Test and Evaluation,
18 Navy’’, 2020/2021, $70,000,000;
19 ‘‘Research, Development, Test and Evaluation, Air
20 Force’’, 2020/2021, $219,341,000;
21 ‘‘Research, Development, Test and Evaluation, De-
22 fense-Wide’’, 2020/2021, $323,231,000; and
23 ‘‘Defense Counterintelligence and Security Agency
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24 Working Capital Fund’’, 2020/20XX, $150,000,000.
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1 SEC. 8042. None of the funds available in this Act
2 may be used to reduce the authorized positions for mili-
3 tary technicians (dual status) of the Army National
4 Guard, Air National Guard, Army Reserve and Air Force
5 Reserve for the purpose of applying any administratively
6 imposed civilian personnel ceiling, freeze, or reduction on
7 military technicians (dual status), unless such reductions
8 are a direct result of a reduction in military force struc-
9 ture.
10 SEC. 8043. None of the funds appropriated or other-
11 wise made available in this Act may be obligated or ex-
12 pended for assistance to the Democratic People’s Republic
13 of Korea unless specifically appropriated for that purpose.
14 SEC. 8044. Funds appropriated in this Act for oper-
15 ation and maintenance of the Military Departments, Com-
16 batant Commands and Defense Agencies shall be available
17 for reimbursement of pay, allowances and other expenses
18 which would otherwise be incurred against appropriations
19 for the National Guard and Reserve when members of the
20 National Guard and Reserve provide intelligence or coun-
21 terintelligence support to Combatant Commands, Defense
22 Agencies and Joint Intelligence Activities, including the
23 activities and programs included within the National Intel-
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24 ligence Program and the Military Intelligence Program:
25 Provided, That nothing in this section authorizes deviation
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1 from established Reserve and National Guard personnel
2 and training procedures.
3 SEC. 8045. (a) None of the funds available to the
4 Department of Defense for any fiscal year for drug inter-
5 diction or counter-drug activities may be transferred to
6 any other department or agency of the United States ex-
7 cept as specifically provided in an appropriations law.
8 (b) None of the funds available to the Central Intel-
9 ligence Agency for any fiscal year for drug interdiction or
10 counter-drug activities may be transferred to any other de-
11 partment or agency of the United States except as specifi-
12 cally provided in an appropriations law.
13 SEC. 8046. None of the funds appropriated by this
14 Act may be used for the procurement of ball and roller
15 bearings other than those produced by a domestic source
16 and of domestic origin: Provided, That the Secretary of
17 the military department responsible for such procurement
18 may waive this restriction on a case-by-case basis by certi-
19 fying in writing to the Committees on Appropriations of
20 the House of Representatives and the Senate, that ade-
21 quate domestic supplies are not available to meet Depart-
22 ment of Defense requirements on a timely basis and that
23 such an acquisition must be made in order to acquire ca-
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24 pability for national security purposes: Provided further,
25 That this restriction shall not apply to the purchase of
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1 ‘‘commercial items’’, as defined by section 103 of title 41,
2 United States Code, except that the restriction shall apply
3 to ball or roller bearings purchased as end items.
4 SEC. 8047. In addition to the amounts appropriated
5 or otherwise made available elsewhere in this Act,
6 $47,500,000 is hereby appropriated to the Department of
7 Defense: Provided, That upon the determination of the
8 Secretary of Defense that it shall serve the national inter-
9 est, the Secretary shall make grants in the amounts speci-
10 fied as follows: $22,500,000 to the United Service Organi-
11 zations and $25,000,000 to the Red Cross.
12 SEC. 8048. None of the funds in this Act may be
13 used to purchase any supercomputer which is not manu-
14 factured in the United States, unless the Secretary of De-
15 fense certifies to the congressional defense committees
16 that such an acquisition must be made in order to acquire
17 capability for national security purposes that is not avail-
18 able from United States manufacturers.
19 SEC. 8049. Notwithstanding any other provision in
20 this Act, the Small Business Innovation Research program
21 and the Small Business Technology Transfer program set-
22 asides shall be taken proportionally from all programs,
23 projects, or activities to the extent they contribute to the
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24 extramural budget.
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1 SEC. 8050. None of the funds available to the De-
2 partment of Defense under this Act shall be obligated or
3 expended to pay a contractor under a contract with the
4 Department of Defense for costs of any amount paid by
5 the contractor to an employee when—
6 (1) such costs are for a bonus or otherwise in
7 excess of the normal salary paid by the contractor
8 to the employee; and
9 (2) such bonus is part of restructuring costs as-
10 sociated with a business combination.
11 (INCLUDING TRANSFER OF FUNDS)
12 SEC. 8051. During the current fiscal year, no more
13 than $30,000,000 of appropriations made in this Act
14 under the heading ‘‘Operation and Maintenance, Defense-
15 Wide’’ may be transferred to appropriations available for
16 the pay of military personnel, to be merged with, and to
17 be available for the same time period as the appropriations
18 to which transferred, to be used in support of such per-
19 sonnel in connection with support and services for eligible
20 organizations and activities outside the Department of De-
21 fense pursuant to section 2012 of title 10, United States
22 Code.
23 SEC. 8052. During the current fiscal year, in the case
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24 of an appropriation account of the Department of Defense
25 for which the period of availability for obligation has ex-
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1 pired or which has closed under the provisions of section
2 1552 of title 31, United States Code, and which has a
3 negative unliquidated or unexpended balance, an obliga-
4 tion or an adjustment of an obligation may be charged
5 to any current appropriation account for the same purpose
6 as the expired or closed account if—
7 (1) the obligation would have been properly
8 chargeable (except as to amount) to the expired or
9 closed account before the end of the period of avail-
10 ability or closing of that account;
11 (2) the obligation is not otherwise properly
12 chargeable to any current appropriation account of
13 the Department of Defense; and
14 (3) in the case of an expired account, the obli-
15 gation is not chargeable to a current appropriation
16 of the Department of Defense under the provisions
17 of section 1405(b)(8) of the National Defense Au-
18 thorization Act for Fiscal Year 1991, Public Law
19 101–510, as amended (31 U.S.C. 1551 note): Pro-
20 vided, That in the case of an expired account, if sub-
21 sequent review or investigation discloses that there
22 was not in fact a negative unliquidated or unex-
23 pended balance in the account, any charge to a cur-
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24 rent account under the authority of this section shall
25 be reversed and recorded against the expired ac-
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1 count: Provided further, That the total amount
2 charged to a current appropriation under this sec-
3 tion may not exceed an amount equal to 1 percent
4 of the total appropriation for that account:
5 Provided, That the Under Secretary of Defense (Comp-
6 troller) shall include with the budget of the President for
7 fiscal year 2022 (as submitted to Congress pursuant to
8 section 1105 of title 31, United States Code) a statement
9 describing each instance if any, during each of the fiscal
10 years 2016 through 2021 in which the authority in this
11 section was exercised.
12 SEC. 8053. (a) Notwithstanding any other provision
13 of law, the Chief of the National Guard Bureau may per-
14 mit the use of equipment of the National Guard Distance
15 Learning Project by any person or entity on a space-avail-
16 able, reimbursable basis. The Chief of the National Guard
17 Bureau shall establish the amount of reimbursement for
18 such use on a case-by-case basis.
19 (b) Amounts collected under subsection (a) shall be
20 credited to funds available for the National Guard Dis-
21 tance Learning Project and be available to defray the costs
22 associated with the use of equipment of the project under
23 that subsection. Such funds shall be available for such
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24 purposes without fiscal year limitation.
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1 (INCLUDING TRANSFER OF FUNDS)
2 SEC. 8054. Of the funds appropriated in this Act
3 under the heading ‘‘Operation and Maintenance, Defense-
4 Wide’’, $40,000,000 (increased by $6,000,000) shall be
5 for continued implementation and expansion of the Sexual
6 Assault Special Victims’ Counsel Program: Provided, That
7 the funds are made available for transfer to the Depart-
8 ment of the Army, the Department of the Navy, and the
9 Department of the Air Force: Provided further, That funds
10 transferred shall be merged with and available for the
11 same purposes and for the same time period as the appro-
12 priations to which the funds are transferred: Provided fur-
13 ther, That this transfer authority is in addition to any
14 other transfer authority provided in this Act.
15 SEC. 8055. None of the funds appropriated in title
16 IV of this Act may be used to procure end-items for deliv-
17 ery to military forces for operational training, operational
18 use or inventory requirements: Provided, That this restric-
19 tion does not apply to end-items used in development,
20 prototyping, and test activities preceding and leading to
21 acceptance for operational use: Provided further, That the
22 Secretary of Defense shall, at the time of the submittal
23 to Congress of the budget of the President for fiscal year
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24 2022 pursuant to section 1105 of title 31, United States
25 Code, submit to the congressional defense committees a
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1 report detailing the use of funds requested in research,
2 development, test and evaluation accounts for end-items
3 used in development, prototyping and test activities pre-
4 ceding and leading to acceptance for operational use: Pro-
5 vided further, That the report shall set forth, for each end-
6 item covered by the preceding proviso, a detailed list of
7 the statutory authorities under which amounts in the ac-
8 counts described in that proviso were used for such item:
9 Provided further, That this restriction does not apply to
10 programs funded within the National Intelligence Pro-
11 gram: Provided further, That the Secretary of Defense
12 may waive this restriction on a case-by-case basis by certi-
13 fying in writing to the Committees on Appropriations of
14 the House of Representatives and the Senate that it is
15 in the national security interest to do so.
16 SEC. 8056. (a) The Secretary of Defense may, on a
17 case-by-case basis, waive with respect to a foreign country
18 each limitation on the procurement of defense items from
19 foreign sources provided in law if the Secretary determines
20 that the application of the limitation with respect to that
21 country would invalidate cooperative programs entered
22 into between the Department of Defense and the foreign
23 country, or would invalidate reciprocal trade agreements
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24 for the procurement of defense items entered into under
25 section 2531 of title 10, United States Code, and the
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1 country does not discriminate against the same or similar
2 defense items produced in the United States for that coun-
3 try.
4 (b) Subsection (a) applies with respect to—
5 (1) contracts and subcontracts entered into on
6 or after the date of the enactment of this Act; and
7 (2) options for the procurement of items that
8 are exercised after such date under contracts that
9 are entered into before such date if the option prices
10 are adjusted for any reason other than the applica-
11 tion of a waiver granted under subsection (a).
12 (c) Subsection (a) does not apply to a limitation re-
13 garding construction of public vessels, ball and roller bear-
14 ings, food, and clothing or textile materials as defined by
15 section XI (chapters 50–65) of the Harmonized Tariff
16 Schedule of the United States and products classified
17 under headings 4010, 4202, 4203, 6401 through 6406,
18 6505, 7019, 7218 through 7229, 7304.41 through
19 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
20 8211, 8215, and 9404.
21 SEC. 8057. None of the funds appropriated or other-
22 wise made available by this or other Department of De-
23 fense Appropriations Acts may be obligated or expended
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24 for the purpose of performing repairs or maintenance to
25 military family housing units of the Department of De-
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1 fense, including areas in such military family housing
2 units that may be used for the purpose of conducting offi-
3 cial Department of Defense business.
4 SEC. 8058. Notwithstanding any other provision of
5 law, funds appropriated in this Act under the heading
6 ‘‘Research, Development, Test and Evaluation, Defense-
7 Wide’’ for any new start advanced concept technology
8 demonstration project or joint capability demonstration
9 project may only be obligated 45 days after a report, in-
10 cluding a description of the project, the planned acquisi-
11 tion and transition strategy and its estimated annual and
12 total cost, has been provided in writing to the congres-
13 sional defense committees.
14 SEC. 8059. The Secretary of Defense shall continue
15 to provide a classified quarterly report to the Committees
16 on Appropriations of the House of Representatives and the
17 Senate, Subcommittees on Defense on certain matters as
18 directed in the classified annex accompanying this Act.
19 SEC. 8060. Notwithstanding section 12310(b) of title
20 10, United States Code, a Reserve who is a member of
21 the National Guard serving on full-time National Guard
22 duty under section 502(f) of title 32, United States Code,
23 may perform duties in support of the ground-based ele-
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24 ments of the National Ballistic Missile Defense System.
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1 SEC. 8061. None of the funds provided in this Act
2 may be used to transfer to any nongovernmental entity
3 ammunition held by the Department of Defense that has
4 a center-fire cartridge and a United States military no-
5 menclature designation of ‘‘armor penetrator’’, ‘‘armor
6 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or
7 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an
8 entity performing demilitarization services for the Depart-
9 ment of Defense under a contract that requires the entity
10 to demonstrate to the satisfaction of the Department of
11 Defense that armor piercing projectiles are either: (1) ren-
12 dered incapable of reuse by the demilitarization process;
13 or (2) used to manufacture ammunition pursuant to a con-
14 tract with the Department of Defense or the manufacture
15 of ammunition for export pursuant to a License for Per-
16 manent Export of Unclassified Military Articles issued by
17 the Department of State.
18 SEC. 8062. Notwithstanding any other provision of
19 law, the Chief of the National Guard Bureau, or his des-
20 ignee, may waive payment of all or part of the consider-
21 ation that otherwise would be required under section 2667
22 of title 10, United States Code, in the case of a lease of
23 personal property for a period not in excess of 1 year to
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24 any organization specified in section 508(d) of title 32,
25 United States Code, or any other youth, social, or fra-
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1 ternal nonprofit organization as may be approved by the
2 Chief of the National Guard Bureau, or his designee, on
3 a case-by-case basis.
4 (INCLUDING TRANSFER OF FUNDS)
5 SEC. 8063. Of the amounts appropriated in this Act
6 under the heading ‘‘Operation and Maintenance, Army’’,
7 $137,724,000 shall remain available until expended: Pro-
8 vided, That, notwithstanding any other provision of law,
9 the Secretary of Defense is authorized to transfer such
10 funds to other activities of the Federal Government: Pro-
11 vided further, That the Secretary of Defense is authorized
12 to enter into and carry out contracts for the acquisition
13 of real property, construction, personal services, and oper-
14 ations related to projects carrying out the purposes of this
15 section: Provided further, That contracts entered into
16 under the authority of this section may provide for such
17 indemnification as the Secretary determines to be nec-
18 essary: Provided further, That projects authorized by this
19 section shall comply with applicable Federal, State, and
20 local law to the maximum extent consistent with the na-
21 tional security, as determined by the Secretary of Defense.
22 SEC. 8064. (a) None of the funds appropriated in this
23 or any other Act may be used to take any action to mod-
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24 ify—
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1 (1) the appropriations account structure
2 for the National Intelligence Program budget,
3 including through the creation of a new appro-
4 priation or new appropriation account;
5 (2) how the National Intelligence Program
6 budget request is presented in the unclassified
7 P–1, R–1, and O–1 documents supporting the
8 Department of Defense budget request;
9 (3) the process by which the National In-
10 telligence Program appropriations are appor-
11 tioned to the executing agencies; or
12 (4) the process by which the National In-
13 telligence Program appropriations are allotted,
14 obligated, and disbursed.
15 (b) Nothing in subsection (a) shall be construed to
16 prohibit the merger of programs or changes to the Na-
17 tional Intelligence Program budget at or below the Ex-
18 penditure Center level, provided such change is otherwise
19 in accordance with paragraphs (a)(1)–(3).
20 SEC. 8065. In addition to amounts provided else-
21 where in this Act, $5,000,000 (increased by $5,000,000)
22 is hereby appropriated to the Department of Defense, to
23 remain available for obligation until expended: Provided,
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24 That notwithstanding any other provision of law, that
25 upon the determination of the Secretary of Defense that
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1 it shall serve the national interest, these funds shall be
2 available only for a grant to the Fisher House Foundation,
3 Inc., only for the construction and furnishing of additional
4 Fisher Houses to meet the needs of military family mem-
5 bers when confronted with the illness or hospitalization of
6 an eligible military beneficiary.
7 (INCLUDING TRANSFER OF FUNDS)
8 SEC. 8066. Of the amounts appropriated for ‘‘Oper-
9 ation and Maintenance, Navy’’, up to $1,000,000 shall be
10 available for transfer to the John C. Stennis Center for
11 Public Service Development Trust Fund established under
12 section 116 of the John C. Stennis Center for Public Serv-
13 ice Training and Development Act (2 U.S.C. 1105).
14 SEC. 8067. None of the funds available to the De-
15 partment of Defense may be obligated to modify command
16 and control relationships to give Fleet Forces Command
17 operational and administrative control of United States
18 Navy forces assigned to the Pacific fleet: Provided, That
19 the command and control relationships which existed on
20 October 1, 2004, shall remain in force until a written
21 modification has been proposed to the Committees on Ap-
22 propriations of the House of Representatives and the Sen-
23 ate: Provided further, That the proposed modification may
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24 be implemented 30 days after the notification unless an
25 objection is received from either the House or Senate Ap-
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1 propriations Committees: Provided further, That any pro-
2 posed modification shall not preclude the ability of the
3 commander of United States Indo-Pacific Command to
4 meet operational requirements.
5 SEC. 8068. Any notice that is required to be sub-
6 mitted to the Committees on Appropriations of the House
7 of Representatives and the Senate under section 806(c)(4)
8 of the Bob Stump National Defense Authorization Act for
9 Fiscal Year 2003 (10 U.S.C. 2302 note) after the date
10 of the enactment of this Act shall be submitted pursuant
11 to that requirement concurrently to the Subcommittees on
12 Defense of the Committees on Appropriations of the
13 House of Representatives and the Senate.
14 (INCLUDING TRANSFER OF FUNDS)
15 SEC. 8069. Of the amounts appropriated in this Act
16 under the headings ‘‘Procurement, Defense-Wide’’ and
17 ‘‘Research, Development, Test and Evaluation, Defense-
18 Wide’’, $500,000,000 shall be for the Israeli Cooperative
19 Programs: Provided, That of this amount, $73,000,000
20 shall be for the Secretary of Defense to provide to the Gov-
21 ernment of Israel for the procurement of the Iron Dome
22 defense system to counter short-range rocket threats, sub-
23 ject to the U.S.-Israel Iron Dome Procurement Agree-
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24 ment, as amended; $177,000,000 shall be for the Short
25 Range Ballistic Missile Defense (SRBMD) program, in-
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1 cluding cruise missile defense research and development
2 under the SRBMD program, of which $50,000,000 shall
3 be for co-production activities of SRBMD systems in the
4 United States and in Israel to meet Israel’s defense re-
5 quirements consistent with each nation’s laws, regulations,
6 and procedures, subject to the U.S.-Israeli co-production
7 agreement for SRBMD, as amended; $77,000,000 shall
8 be for an upper-tier component to the Israeli Missile De-
9 fense Architecture, of which $77,000,000 shall be for co-
10 production activities of Arrow 3 Upper Tier systems in
11 the United States and in Israel to meet Israel’s defense
12 requirements consistent with each nation’s laws, regula-
13 tions, and procedures, subject to the U.S.-Israeli co-pro-
14 duction agreement for Arrow 3 Upper Tier, as amended;
15 and $173,000,000 shall be for the Arrow System Improve-
16 ment Program including development of a long range,
17 ground and airborne, detection suite: Provided further,
18 That the transfer authority provided under this provision
19 is in addition to any other transfer authority contained
20 in this Act.
21 (INCLUDING TRANSFER OF FUNDS)
22 SEC. 8070. Of the amounts appropriated in this Act
23 under the heading ‘‘Shipbuilding and Conversion, Navy’’,
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24 $369,112,000 shall be available until September 30, 2021,
25 to fund prior year shipbuilding cost increases: Provided,
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1 That upon enactment of this Act, the Secretary of the
2 Navy shall transfer funds to the following appropriations
3 in the amounts specified: Provided further, That the
4 amounts transferred shall be merged with and be available
5 for the same purposes as the appropriations to which
6 transferred to:
7 (1) Under the heading ‘‘Shipbuilding and Con-
8 version, Navy’’, 2008/2021: Carrier Replacement
9 Program $71,000,000;
10 (2) Under the heading ‘‘Shipbuilding and Con-
11 version, Navy’’, 2015/2021: DDG–51 Destroyer
12 $9,634,000;
13 (3) Under the heading ‘‘Shipbuilding and Con-
14 version, Navy’’, 2016/2021: CVN Refueling Over-
15 hauls $198,000,000;
16 (4) Under the heading ‘‘Shipbuilding and Con-
17 version, Navy’’, 2016/2021: LPD–17 $30,578,000;
18 (5) Under the heading ‘‘Shipbuilding and Con-
19 version, Navy’’, 2016/2021: TAO Fleet Oiler
20 $42,500,000; and
21 (6) Under the heading ‘‘Shipbuilding and Con-
22 version, Navy’’, 2018/2021: TAO Fleet Oiler
23 $17,400,000.
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24 SEC. 8071. Funds appropriated by this Act, or made
25 available by the transfer of funds in this Act, for intel-
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1 ligence activities are deemed to be specifically authorized
2 by the Congress for purposes of section 504 of the Na-
3 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal
4 year 2021 until the enactment of the Intelligence Author-
5 ization Act for Fiscal Year 2021.
6 SEC. 8072. None of the funds provided in this Act
7 shall be available for obligation or expenditure through a
8 reprogramming of funds that creates or initiates a new
9 program, project, or activity, unless the Secretary of De-
10 fense notifies the congressional defense committees not
11 less than 30 days in advance (or in an emergency, as far
12 in advance as practicable) that such program, project, or
13 activity must be undertaken immediately in the interest
14 of national security and only after written prior notifica-
15 tion to the congressional defense committees.
16 SEC. 8073. The budget of the President for fiscal
17 year 2022 submitted to the Congress pursuant to section
18 1105 of title 31, United States Code, shall include sepa-
19 rate budget justification documents for costs of United
20 States Armed Forces’ participation in contingency oper-
21 ations for the Military Personnel accounts, the Operation
22 and Maintenance accounts, the Procurement accounts,
23 and the Research, Development, Test and Evaluation ac-
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24 counts: Provided, That these documents shall include a de-
25 scription of the funding requested for each contingency op-
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1 eration, for each military service, including all Active and
2 Reserve components, and for each appropriations account:
3 Provided further, That these documents shall include esti-
4 mated costs for each element of expense or object class,
5 a reconciliation of increases and decreases for each contin-
6 gency operation, and programmatic data including, but
7 not limited to, troop strength for each Active and Reserve
8 component, and estimates of the major weapons systems
9 deployed in support of each contingency: Provided further,
10 That these documents shall include budget exhibits OP–
11 5 and OP–32 (as defined in the Department of Defense
12 Financial Management Regulation) for all contingency op-
13 erations for the budget year and the 2 preceding fiscal
14 years.
15 SEC. 8074. None of the funds in this Act may be
16 used for research, development, test, evaluation, procure-
17 ment or deployment of nuclear armed interceptors of a
18 missile defense system.
19 SEC. 8075. The Secretary of Defense may use up to
20 $500,000,000 of the amounts appropriated or otherwise
21 made available in this Act to the Department of Defense
22 for the rapid acquisition and deployment of supplies and
23 associated support services pursuant to section 806 of the
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24 Bob Stump National Defense Authorization Act for Fiscal
25 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note):
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1 Provided, That the Secretary of Defense shall notify the
2 congressional defense committees promptly of all uses of
3 such authority.
4 SEC. 8076. None of the funds appropriated or made
5 available in this Act shall be used to reduce or disestablish
6 the operation of the 53rd Weather Reconnaissance Squad-
7 ron of the Air Force Reserve, if such action would reduce
8 the WC–130 Weather Reconnaissance mission below the
9 levels funded in this Act: Provided, That the Air Force
10 shall allow the 53rd Weather Reconnaissance Squadron to
11 perform other missions in support of national defense re-
12 quirements during the non-hurricane season.
13 SEC. 8077. None of the funds provided in this Act
14 shall be available for integration of foreign intelligence in-
15 formation unless the information has been lawfully col-
16 lected and processed during the conduct of authorized for-
17 eign intelligence activities: Provided, That information
18 pertaining to United States persons shall only be handled
19 in accordance with protections provided in the Fourth
20 Amendment of the United States Constitution as imple-
21 mented through Executive Order No. 12333.
22 SEC. 8078. (a) None of the funds appropriated by
23 this Act may be used to transfer research and develop-
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24 ment, acquisition, or other program authority relating to
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1 current tactical unmanned aerial vehicles (TUAVs) from
2 the Army.
3 (b) The Army shall retain responsibility for and oper-
4 ational control of the MQ–1C Gray Eagle Unmanned Aer-
5 ial Vehicle (UAV) in order to support the Secretary of De-
6 fense in matters relating to the employment of unmanned
7 aerial vehicles.
8 SEC. 8079. None of the funds appropriated by this
9 Act for programs of the Office of the Director of National
10 Intelligence shall remain available for obligation beyond
11 the current fiscal year, except for funds appropriated for
12 research and technology, which shall remain available until
13 September 30, 2022.
14 SEC. 8080. For purposes of section 1553(b) of title
15 31, United States Code, any subdivision of appropriations
16 made in this Act under the heading ‘‘Shipbuilding and
17 Conversion, Navy’’ shall be considered to be for the same
18 purpose as any subdivision under the heading ‘‘Ship-
19 building and Conversion, Navy’’ appropriations in any
20 prior fiscal year, and the 1 percent limitation shall apply
21 to the total amount of the appropriation.
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1 SEC. 8081. (a) Not later than 60 days after the date
2 of enactment of this Act, the Director of National Intel-
3 ligence shall submit a report to the congressional intel-
4 ligence committees to establish the baseline for application
5 of reprogramming and transfer authorities for fiscal year
6 2021: Provided, That the report shall include—
7 (1) a table for each appropriation with a sepa-
8 rate column to display the President’s budget re-
9 quest, adjustments made by Congress, adjustments
10 due to enacted rescissions, if appropriate, and the
11 fiscal year enacted level;
12 (2) a delineation in the table for each appro-
13 priation by Expenditure Center and project; and
14 (3) an identification of items of special congres-
15 sional interest.
16 (b) None of the funds provided for the National Intel-
17 ligence Program in this Act shall be available for re-
18 programming or transfer until the report identified in sub-
19 section (a) is submitted to the congressional intelligence
20 committees, unless the Director of National Intelligence
21 certifies in writing to the congressional intelligence com-
22 mittees that such reprogramming or transfer is necessary
23 as an emergency requirement.
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24 SEC. 8082. Notwithstanding any other provision of
25 law, any transfer of funds, appropriated or otherwise made
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1 available by this Act, for support to friendly foreign coun-
2 tries in connection with the conduct of operations in which
3 the United States is not participating, pursuant to section
4 331(d) of title 10, United States Code, shall be made in
5 accordance with section 8005 or 9002 of this Act, as appli-
6 cable.
7 SEC. 8083. Any transfer of amounts appropriated to,
8 credited to, or deposited in the Department of Defense Ac-
9 quisition Workforce Development Account in or for fiscal
10 year 2021 to a military department or Defense Agency
11 pursuant to section 1705(e)(1) of title 10, United States
12 Code, shall be covered by and subject to section 8005 or
13 9002 of this Act, as applicable.
14 SEC. 8084. None of the funds made available by this
15 Act for excess defense articles, assistance under section
16 333 of title 10, United States Code, or peacekeeping oper-
17 ations for the countries designated annually to be in viola-
18 tion of the standards of the Child Soldiers Prevention Act
19 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may
20 be used to support any military training or operation that
21 includes child soldiers, as defined by the Child Soldiers
22 Prevention Act of 2008, unless such assistance is other-
23 wise permitted under section 404 of the Child Soldiers
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24 Prevention Act of 2008.
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1 SEC. 8085. (a) None of the funds provided for the
2 National Intelligence Program in this or any prior appro-
3 priations Act shall be available for obligation or expendi-
4 ture through a reprogramming or transfer of funds in ac-
5 cordance with section 102A(d) of the National Security
6 Act of 1947 (50 U.S.C. 3024(d)) that—
7 (1) creates a new start effort;
8 (2) terminates a program with appropriated
9 funding of $10,000,000 or more;
10 (3) transfers funding into or out of the Na-
11 tional Intelligence Program; or
12 (4) transfers funding between appropriations,
13 unless the congressional intelligence committees are
14 notified 30 days in advance of such reprogramming
15 of funds; this notification period may be reduced for
16 urgent national security requirements.
17 (b) None of the funds provided for the National Intel-
18 ligence Program in this or any prior appropriations Act
19 shall be available for obligation or expenditure through a
20 reprogramming or transfer of funds in accordance with
21 section 102A(d) of the National Security Act of 1947 (50
22 U.S.C. 3024(d)) that results in a cumulative increase or
23 decrease of the levels specified in the classified annex ac-
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24 companying the Act unless the congressional intelligence
25 committees are notified 30 days in advance of such re-
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1 programming of funds; this notification period may be re-
2 duced for urgent national security requirements.
3 SEC. 8086. For the purposes of this Act, the term
4 ‘‘congressional intelligence committees’’ means the Perma-
5 nent Select Committee on Intelligence of the House of
6 Representatives, the Select Committee on Intelligence of
7 the Senate, the Subcommittee on Defense of the Com-
8 mittee on Appropriations of the House of Representatives,
9 and the Subcommittee on Defense of the Committee on
10 Appropriations of the Senate.
11 (INCLUDING TRANSFER OF FUNDS)
12 SEC. 8087. During the current fiscal year, not to ex-
13 ceed $11,000,000 from each of the appropriations made
14 in title II of this Act for ‘‘Operation and Maintenance,
15 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
16 ation and Maintenance, Air Force’’ may be transferred by
17 the military department concerned to its central fund es-
18 tablished for Fisher Houses and Suites pursuant to sec-
19 tion 2493(d) of title 10, United States Code.
20 SEC. 8088. None of the funds appropriated by this
21 Act may be available for the purpose of making remit-
22 tances to the Department of Defense Acquisition Work-
23 force Development Account in accordance with section
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24 1705 of title 10, United States Code.
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1 SEC. 8089. (a) Any agency receiving funds made
2 available in this Act, shall, subject to subsections (b) and
3 (c), post on the public website of that agency any report
4 required to be submitted by the Congress in this or any
5 other Act, upon the determination by the head of the agen-
6 cy that it shall serve the national interest.
7 (b) Subsection (a) shall not apply to a report if—
8 (1) the public posting of the report com-
9 promises national security; or
10 (2) the report contains proprietary information.
11 (c) The head of the agency posting such report shall
12 do so only after such report has been made available to
13 the requesting Committee or Committees of Congress for
14 no less than 45 days.
15 SEC. 8090. (a) None of the funds appropriated or
16 otherwise made available by this Act may be expended for
17 any Federal contract for an amount in excess of
18 $1,000,000, unless the contractor agrees not to—
19 (1) enter into any agreement with any of its
20 employees or independent contractors that requires,
21 as a condition of employment, that the employee or
22 independent contractor agree to resolve through ar-
23 bitration any claim under title VII of the Civil
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24 Rights Act of 1964 or any tort related to or arising
25 out of sexual assault or harassment, including as-
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1 sault and battery, intentional infliction of emotional
2 distress, false imprisonment, or negligent hiring, su-
3 pervision, or retention; or
4 (2) take any action to enforce any provision of
5 an existing agreement with an employee or inde-
6 pendent contractor that mandates that the employee
7 or independent contractor resolve through arbitra-
8 tion any claim under title VII of the Civil Rights Act
9 of 1964 or any tort related to or arising out of sex-
10 ual assault or harassment, including assault and
11 battery, intentional infliction of emotional distress,
12 false imprisonment, or negligent hiring, supervision,
13 or retention.
14 (b) None of the funds appropriated or otherwise
15 made available by this Act may be expended for any Fed-
16 eral contract unless the contractor certifies that it requires
17 each covered subcontractor to agree not to enter into, and
18 not to take any action to enforce any provision of, any
19 agreement as described in paragraphs (1) and (2) of sub-
20 section (a), with respect to any employee or independent
21 contractor performing work related to such subcontract.
22 For purposes of this subsection, a ‘‘covered subcon-
23 tractor’’ is an entity that has a subcontract in excess of
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24 $1,000,000 on a contract subject to subsection (a).
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1 (c) The prohibitions in this section do not apply with
2 respect to a contractor’s or subcontractor’s agreements
3 with employees or independent contractors that may not
4 be enforced in a court of the United States.
5 (d) The Secretary of Defense may waive the applica-
6 tion of subsection (a) or (b) to a particular contractor or
7 subcontractor for the purposes of a particular contract or
8 subcontract if the Secretary or the Deputy Secretary per-
9 sonally determines that the waiver is necessary to avoid
10 harm to national security interests of the United States,
11 and that the term of the contract or subcontract is not
12 longer than necessary to avoid such harm. The determina-
13 tion shall set forth with specificity the grounds for the
14 waiver and for the contract or subcontract term selected,
15 and shall state any alternatives considered in lieu of a
16 waiver and the reasons each such alternative would not
17 avoid harm to national security interests of the United
18 States. The Secretary of Defense shall transmit to Con-
19 gress, and simultaneously make public, any determination
20 under this subsection not less than 15 business days be-
21 fore the contract or subcontract addressed in the deter-
22 mination may be awarded.
23 (INCLUDING TRANSFER OF FUNDS)
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24 SEC. 8091. From within the funds appropriated for
25 operation and maintenance for the Defense Health Pro-
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1 gram in this Act, up to $137,000,000, shall be available
2 for transfer to the Joint Department of Defense-Depart-
3 ment of Veterans Affairs Medical Facility Demonstration
4 Fund in accordance with the provisions of section 1704
5 of the National Defense Authorization Act for Fiscal Year
6 2010, Public Law 111–84: Provided, That for purposes
7 of section 1704(b), the facility operations funded are oper-
8 ations of the integrated Captain James A. Lovell Federal
9 Health Care Center, consisting of the North Chicago Vet-
10 erans Affairs Medical Center, the Navy Ambulatory Care
11 Center, and supporting facilities designated as a combined
12 Federal medical facility as described by section 706 of
13 Public Law 110–417: Provided further, That additional
14 funds may be transferred from funds appropriated for op-
15 eration and maintenance for the Defense Health Program
16 to the Joint Department of Defense-Department of Vet-
17 erans Affairs Medical Facility Demonstration Fund upon
18 written notification by the Secretary of Defense to the
19 Committees on Appropriations of the House of Represent-
20 atives and the Senate.
21 SEC. 8092. None of the funds appropriated or other-
22 wise made available by this Act may be used by the De-
23 partment of Defense or a component thereof in contraven-
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24 tion of the provisions of section 130h of title 10, United
25 States Code.
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1 SEC. 8093. Appropriations available to the Depart-
2 ment of Defense may be used for the purchase of heavy
3 and light armored vehicles for the physical security of per-
4 sonnel or for force protection purposes up to a limit of
5 $450,000 per vehicle, notwithstanding price or other limi-
6 tations applicable to the purchase of passenger carrying
7 vehicles.
8 (INCLUDING TRANSFER OF FUNDS)
9 SEC. 8094. Upon a determination by the Director of
10 National Intelligence that such action is necessary and in
11 the national interest, the Director may, with the approval
12 of the Office of Management and Budget, transfer not to
13 exceed $1,000,000,000 of the funds made available in this
14 Act for the National Intelligence Program: Provided, That
15 such authority to transfer may not be used unless for
16 higher priority items, based on unforeseen intelligence re-
17 quirements, than those for which originally appropriated
18 and in no case where the item for which funds are re-
19 quested has been denied by the Congress: Provided further,
20 That a request for multiple reprogrammings of funds
21 using authority provided in this section shall be made
22 prior to June 30, 2021.
23 SEC. 8095. None of the funds made available by this
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24 Act may be used in contravention of the War Powers Res-
25 olution (50 U.S.C. 1541 et seq.).
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1 SEC. 8096. (a) None of the funds appropriated or
2 otherwise made available by this or any other Act may
3 be used by the Secretary of Defense, or any other official
4 or officer of the Department of Defense, to enter into a
5 contract, memorandum of understanding, or cooperative
6 agreement with, or make a grant to, or provide a loan
7 or loan guarantee to Rosoboronexport or any subsidiary
8 of Rosoboronexport.
9 (b) The Secretary of Defense may waive the limita-
10 tion in subsection (a) if the Secretary, in consultation with
11 the Secretary of State and the Director of National Intel-
12 ligence, determines that it is in the vital national security
13 interest of the United States to do so, and certifies in writ-
14 ing to the congressional defense committees that—
15 (1) Rosoboronexport has ceased the transfer of
16 lethal military equipment to, and the maintenance of
17 existing lethal military equipment for, the Govern-
18 ment of the Syrian Arab Republic;
19 (2) the armed forces of the Russian Federation
20 have withdrawn from Crimea, other than armed
21 forces present on military bases subject to agree-
22 ments in force between the Government of the Rus-
23 sian Federation and the Government of Ukraine;
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24 and
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1 (3) agents of the Russian Federation have
2 ceased taking active measures to destabilize the con-
3 trol of the Government of Ukraine over eastern
4 Ukraine.
5 (c) The Inspector General of the Department of De-
6 fense shall conduct a review of any action involving
7 Rosoboronexport with respect to a waiver issued by the
8 Secretary of Defense pursuant to subsection (b), and not
9 later than 90 days after the date on which such a waiver
10 is issued by the Secretary of Defense, the Inspector Gen-
11 eral shall submit to the congressional defense committees
12 a report containing the results of the review conducted
13 with respect to such waiver.
14 SEC. 8097. None of the funds made available in this
15 Act may be used for the purchase or manufacture of a
16 flag of the United States unless such flags are treated as
17 covered items under section 2533a(b) of title 10, United
18 States Code.
19 SEC. 8098. The Secretary of Defense shall post grant
20 awards on a public website in a searchable format.
21 SEC. 8099. The Secretary of each military depart-
22 ment, in reducing each research, development, test and
23 evaluation and procurement account of the military de-
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24 partment as required under paragraph (1) of section
25 828(d) of the National Defense Authorization Act for Fis-
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1 cal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note),
2 as amended by section 825(a)(3) of the National Defense
3 Authorization Act for Fiscal Year 2018, shall allocate the
4 percentage reduction determined under paragraph (2) of
5 such section 828(d) proportionally from all programs,
6 projects, or activities under such account: Provided, That
7 the authority under section 804(d)(2) of the National De-
8 fense Authorization Act for Fiscal Year 2016 (Public Law
9 114–92; 10 U.S.C. 2302 note) to transfer amounts avail-
10 able in the Rapid Prototyping Fund shall be subject to
11 section 8005 or 9002 of this Act, as applicable.
12 SEC. 8100. None of the funds made available by this
13 Act may be used by the National Security Agency to—
14 (1) conduct an acquisition pursuant to section
15 702 of the Foreign Intelligence Surveillance Act of
16 1978 for the purpose of targeting a United States
17 person; or
18 (2) acquire, monitor, or store the contents (as
19 such term is defined in section 2510(8) of title 18,
20 United States Code) of any electronic communica-
21 tion of a United States person from a provider of
22 electronic communication services to the public pur-
23 suant to section 501 of the Foreign Intelligence Sur-
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24 veillance Act of 1978.
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1 SEC. 8101. None of the funds made available in this
2 or any other Act may be used to pay the salary of any
3 officer or employee of any agency funded by this Act who
4 approves or implements the transfer of administrative re-
5 sponsibilities or budgetary resources of any program,
6 project, or activity financed by this Act to the jurisdiction
7 of another Federal agency not financed by this Act with-
8 out the express authorization of Congress: Provided, That
9 this limitation shall not apply to transfers of funds ex-
10 pressly provided for in Defense Appropriations Acts, or
11 provisions of Acts providing supplemental appropriations
12 for the Department of Defense.
13 SEC. 8102. Of the amounts appropriated in this Act
14 for ‘‘Operation and Maintenance, Navy’’, $436,029,000,
15 to remain available until expended, may be used for any
16 purposes related to the National Defense Reserve Fleet
17 established under section 11 of the Merchant Ship Sales
18 Act of 1946 (46 U.S.C. 57100): Provided, That such
19 amounts are available for reimbursements to the Ready
20 Reserve Force, Maritime Administration account of the
21 United States Department of Transportation for pro-
22 grams, projects, activities, and expenses related to the Na-
23 tional Defense Reserve Fleet.
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24 SEC. 8103. None of the funds made available in this
25 Act may be obligated for activities authorized under sec-
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1 tion 1208 of the Ronald W. Reagan National Defense Au-
2 thorization Act for Fiscal Year 2005 (Public Law 112–
3 81; 125 Stat. 1621) to initiate support for, or expand sup-
4 port to, foreign forces, irregular forces, groups, or individ-
5 uals unless the congressional defense committees are noti-
6 fied in accordance with the direction contained in the clas-
7 sified annex accompanying this Act, not less than 15 days
8 before initiating such support: Provided, That none of the
9 funds made available in this Act may be used under sec-
10 tion 1208 for any activity that is not in support of an
11 ongoing military operation being conducted by United
12 States Special Operations Forces to combat terrorism:
13 Provided further, That the Secretary of Defense may waive
14 the prohibitions in this section if the Secretary determines
15 that such waiver is required by extraordinary cir-
16 cumstances and, by not later than 72 hours after making
17 such waiver, notifies the congressional defense committees
18 of such waiver.
19 SEC. 8104. (a) None of the funds provided in this
20 Act for the TAO Fleet Oiler program shall be used to
21 award a new contract that provides for the acquisition of
22 the following components unless those components are
23 manufactured in the United States: Auxiliary equipment
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24 (including pumps) for shipboard services; propulsion
25 equipment (including engines, reduction gears, and propel-
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1 lers); shipboard cranes; and spreaders for shipboard
2 cranes.
3 (b) None of the funds provided in this Act for the
4 FFG(X) Frigate program shall be used to award a new
5 contract that provides for the acquisition of the following
6 components unless those components are manufactured in
7 the United States: Air circuit breakers; gyrocompasses;
8 electronic navigation chart systems; steering controls;
9 pumps; propulsion and machinery control systems; totally
10 enclosed lifeboats; auxiliary equipment pumps; shipboard
11 cranes; auxiliary chill water systems; and propulsion pro-
12 pellers: Provided, That the Secretary of the Navy shall in-
13 corporate United States manufactured propulsion engines
14 and propulsion reduction gears into the FFG(X) Frigate
15 program beginning not later than with the eleventh ship
16 of the program.
17 SEC. 8105. No amounts credited or otherwise made
18 available in this or any other Act to the Department of
19 Defense Acquisition Workforce Development Account may
20 be transferred to—
21 (1) the Rapid Prototyping Fund established
22 under section 804(d) of the National Defense Au-
23 thorization Act for Fiscal Year 2016 (10 U.S.C.
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24 2302 note); or
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1 (2) credited to a military-department specific
2 fund established under section 804(d)(2) of the Na-
3 tional Defense Authorization Act for Fiscal Year
4 2016 (as amended by section 897 of the National
5 Defense Authorization Act for Fiscal Year 2017).
6 SEC. 8106. None of the funds made available by this
7 Act may be used for Government Travel Charge Card ex-
8 penses by military or civilian personnel of the Department
9 of Defense for gaming, or for entertainment that includes
10 topless or nude entertainers or participants, as prohibited
11 by Department of Defense FMR, Volume 9, Chapter 3
12 and Department of Defense Instruction 1015.10 (enclo-
13 sure 3, 14a and 14b).
14 SEC. 8107. (a) None of the funds made available in
15 this Act may be used to maintain or establish a computer
16 network unless such network is designed to block access
17 to pornography websites.
18 (b) Nothing in subsection (a) shall limit the use of
19 funds necessary for any Federal, State, Tribal, or local
20 law enforcement agency or any other entity carrying out
21 criminal investigations, prosecution, or adjudication activi-
22 ties, or for any activity necessary for the national defense,
23 including intelligence activities.
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24 SEC. 8108. None of the funds appropriated by this
25 Act may be made available to deliver F–35 air vehicles
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1 or any other F–35 weapon system equipment to the Re-
2 public of Turkey, except in accordance with section 1245
3 of the National Defense Authorization Act for Fiscal Year
4 2020 (Public Law 116–92).
5 SEC. 8109. Notwithstanding any other provision of
6 law, any transfer of funds appropriated or otherwise made
7 available by this Act to the Global Engagement Center es-
8 tablished by section 1287 of the National Defense Author-
9 ization Act for Fiscal Year 2017 (Public Law 114–328;
10 22 U.S.C. 2656 note) shall be made in accordance with
11 section 8005 or 9002 of this Act, as applicable.
12 SEC. 8110. In addition to amounts provided else-
13 where in this Act, there is appropriated $270,000,000, for
14 an additional amount for ‘‘Operation and Maintenance,
15 Defense-Wide’’, to remain available until expended: Pro-
16 vided, That such funds shall only be available to the Sec-
17 retary of Defense, acting through the Office of Economic
18 Adjustment of the Department of Defense, or for transfer
19 to the Secretary of Education, notwithstanding any other
20 provision of law, to make grants, conclude cooperative
21 agreements, or supplement other Federal funds to con-
22 struct, renovate, repair, or expand elementary and sec-
23 ondary public schools on military installations in order to
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24 address capacity or facility condition deficiencies at such
25 schools: Provided further, That in making such funds
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1 available, the Office of Economic Adjustment or the Sec-
2 retary of Education shall give priority consideration to
3 those military installations with schools having the most
4 serious capacity or facility condition deficiencies as deter-
5 mined by the Secretary of Defense: Provided further, That
6 as a condition of receiving funds under this section a local
7 educational agency or State shall provide a matching share
8 as described in the notice titled ‘‘Department of Defense
9 Program for Construction, Renovation, Repair or Expan-
10 sion of Public Schools Located on Military Installations’’
11 published by the Department of Defense in the Federal
12 Register on September 9, 2011 (76 Fed. Reg. 55883 et
13 seq.): Provided further, That these provisions apply to
14 funds provided under this section, and to funds previously
15 provided by Congress to construct, renovate, repair, or ex-
16 pand elementary and secondary public schools on military
17 installations in order to address capacity or facility condi-
18 tion deficiencies at such schools to the extent such funds
19 remain unobligated on the date of enactment of this sec-
20 tion.
21 SEC. 8111. In carrying out the program described in
22 the memorandum on the subject of ‘‘Policy for Assisted
23 Reproductive Services for the Benefit of Seriously or Se-
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24 verely Ill/Injured (Category II or III) Active Duty Service
25 Members’’ issued by the Assistant Secretary of Defense
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1 for Health Affairs on April 3, 2012, and the guidance
2 issued to implement such memorandum, the Secretary of
3 Defense shall apply such policy and guidance, except
4 that—
5 (1) the limitation on periods regarding embryo
6 cryopreservation and storage set forth in part III(G)
7 and in part IV(H) of such memorandum shall not
8 apply; and
9 (2) the term ‘‘assisted reproductive technology’’
10 shall include embryo cryopreservation and storage
11 without limitation on the duration of such
12 cryopreservation and storage.
13 SEC. 8112. None of the funds provided for, or other-
14 wise made available, in this or any prior Act making ap-
15 propriations to the Department of Defense, may be obli-
16 gated or expended by the Secretary of Defense to provide
17 motorized vehicles, aviation platforms, munitions other
18 than small arms and munitions appropriate for customary
19 ceremonial honors, operational military units, or oper-
20 ational military platforms if the Secretary determines that
21 providing such units, platforms, or equipment would un-
22 dermine the readiness of such units, platforms, or equip-
23 ment.
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24 SEC. 8113. The Secretary of Defense may obligate
25 and expend funds made available under this Act for pro-
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1 curement or for research, development, test and evaluation
2 for the F–35 Joint Strike Fighter to modify up to six F–
3 35 aircraft, including up to two F–35 aircraft of each vari-
4 ant, to a test configuration: Provided, That the Secretary
5 of Defense shall, with the concurrence of the Secretary
6 of the Air Force and the Secretary of the Navy, notify
7 the congressional defense committees not fewer than 30
8 days prior to obligating and expending funds under this
9 section: Provided further, That any transfer of funds pur-
10 suant to the authority provided in this section shall be
11 made in accordance with section 8005 or 9002 of this Act,
12 as appropriate, if applicable: Provided further, That air-
13 craft referred to previously in this section are not addi-
14 tional to aircraft referred to in section 8135 of the Depart-
15 ment of Defense Appropriations Act, 2019 and section
16 8126 of the Department of Defense Appropriations Act,
17 2020.
18 SEC. 8114. Amounts appropriated for ‘‘Defense
19 Health Program’’ in this Act and hereafter may be obli-
20 gated to make death gratuity payments, as authorized in
21 subchapter II of chapter 75 of title 10, United States
22 Code, if no appropriation for ‘‘Military Personnel’’ is avail-
23 able for obligation for such payments: Provided, That such
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24 obligations may subsequently be recorded against appro-
25 priations available for ‘‘Military Personnel’’.
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1 SEC. 8115. (a) None of the funds made available by
2 this or any other Act may be used to enter into a contract,
3 memorandum of understanding, or cooperative agreement
4 with, make a grant to, or provide a loan or loan guarantee
5 to any corporation that has any unpaid Federal tax liabil-
6 ity that has been assessed, for which all judicial and ad-
7 ministrative remedies have been exhausted or have lapsed,
8 and that is not being paid in a timely manner pursuant
9 to an agreement with the authority responsible for col-
10 lecting such tax liability, provided that the applicable Fed-
11 eral agency is aware of the unpaid Federal tax liability.
12 (b) Subsection (a) shall not apply if the applicable
13 Federal agency has considered suspension or debarment
14 of the corporation described in such subsection and has
15 made a determination that such suspension or debarment
16 is not necessary to protect the interests of the Federal
17 Government.
18 SEC. 8116. During fiscal year 2021, any advance bill-
19 ing for background investigation services and related serv-
20 ices purchased from activities financed using Defense
21 Working Capital Funds shall be excluded from the calcula-
22 tion of cumulative advance billings under section
23 2208(l)(3) of title 10, United States Code.
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24 SEC. 8117. None of the funds appropriated or other-
25 wise made available by this Act may be used to transfer
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1 the National Reconnaissance Office to the United States
2 Space Force.
3 SEC. 8118. None of the funds appropriated or other-
4 wise made available by this Act may be used to transfer
5 any element of the Department of the Army, the Depart-
6 ment of the Navy, or a Defense Agency to the United
7 States Space Force unless, not less than 60 days prior
8 to initiating such transfer, the Secretary of Defense cer-
9 tifies in writing to the Committees on Appropriations of
10 the House of Representatives and the Senate that such
11 transfer is in the national security interest of the United
12 States and will not have an adverse impact on the Depart-
13 ment or agency from which such element is being trans-
14 ferred: Provided, That such certification shall include a
15 detailed description of the element and timeline for such
16 transfer.
17 SEC. 8119. Funds appropriated in titles I and IX of
18 this Act under the heading ‘‘Military Personnel’’ may be
19 used for expenses described therein for members of the
20 United States Space Force on active duty: Provided, that
21 amounts appropriated under such headings may be used
22 for payments pursuant to section 156 of Public Law 97–
23 377, as amended (42 U.S.C. 402 note), and to the Depart-
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24 ment of Defense Military Retirement Fund.
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1 SEC. 8120. Prior to the initial obligation of funds
2 made available in titles II and IX of this Act for the De-
3 fense Security Cooperation Agency (DSCA), the Director
4 of DSCA shall submit a spend plan by budget activity and
5 sub-activity to the Committees on Appropriations of the
6 House of Representatives and the Senate: Provided, That
7 for funds planned for International Security Cooperation
8 Programs, the Director shall, in coordination with the
9 commanders of each geographic combatant command, in-
10 clude amounts planned for each combatant command and
11 country, and a comparison to such amounts provided in
12 the previous 3 fiscal years: Provided further, That
13 amounts in such plan shall only reflect those amounts des-
14 ignated in the fiscal year 2021 budget justification mate-
15 rials and modified by the fiscal year 2021 appropriations
16 adjustments in this Act and in the table in the report ac-
17 companying this Act: Provided further, That the Secretary
18 of Defense shall notify such Committees in writing and
19 not fewer than 15 days prior to obligating such funds for
20 any proposed new projects or activities, or transfer of
21 funds between budget sub-activity groups: Provided fur-
22 ther, That such plan shall be updated and submitted to
23 such Committees upon notification of such funds to in-
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24 clude a justification for any changes: Provided further,
25 That a similar plan shall be provided to such Committees
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1 outlining funds requested for fiscal year 2022 with the
2 submission of the fiscal year 2022 budget request.
3 SEC. 8121. Notwithstanding any other provision of
4 this Act, to reflect savings due to favorable foreign ex-
5 change rates, the total amount appropriated in this Act
6 is hereby reduced by $436,000,000.
7 SEC. 8122. Notwithstanding any other provision of
8 this Act, to reflect savings due to lower than anticipated
9 fuel costs, the total amount appropriated in this Act is
10 hereby reduced by $1,000,000,000.
11 SEC. 8123. None of the funds appropriated by this
12 Act may be used to exclude, or implement the exclusion
13 of, the Department of Defense, or any agency, activity,
14 or subdivision thereof, from coverage under section
15 7103(b)(1) or (2) of title 5, United States Code (com-
16 monly referred to as the ‘‘Federal Service Labor-Manage-
17 ment Relations Statute’’).
18 SEC. 8124. Not later than 60 days after the date of
19 enactment of this Act, the Secretary of Defense, in coordi-
20 nation with the Secretary of State, shall provide all rel-
21 evant information and documents to the appropriate judi-
22 cial authorities in El Salvador investigating the December
23 1981 massacre in El Mozote: Provided, That not later
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24 than 30 days following such action, the Secretary of De-
25 fense shall submit a report to the Committees on Appro-
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1 priations of the House of Representatives and the Senate
2 describing the information and documents provided and
3 the authorities that received them.
4 SEC. 8125. (a) Funds appropriated under title IV of
5 this Act may be used for expenses for agile development,
6 test and evaluation, procurement, production and modi-
7 fication, and the operation and maintenance for the fol-
8 lowing software pilot programs—
9 (1) Space Command and Control
10 (PE1203614SF);
11 (2) Algorithmic Warfare Cross Functional
12 Team (PE0308588D8Z);
13 (3) Risk Management Information
14 (PE0608013N);
15 (4) Maritime Tactical Command Control
16 (PE0608231N);
17 (5) National Background Investigation
18 Services (PE0608197V);
19 (6) Global Command and Control System
20 – Joint (PE0308150K);
21 (7) Defensive Cyber Operations Army
22 (PE0608041A); and
23 (8) Acquisition Visibility
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24 (PE0608648D8Z).
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1 (b) Not later than 30 days after the date of the enact-
2 ment of this Act, the Secretary of Defense shall submit
3 to the Committees on Appropriations of the House of Rep-
4 resentatives and the Senate a plan for carrying out each
5 pilot program specified in subsection (a), including goals
6 and metrics for each program.
7 (c) Following the submission of the plan under sub-
8 section (b), the Secretary of Defense shall provide to the
9 Committees on Appropriations of the House of Represent-
10 atives and the Senate a quarterly report on the status of
11 each pilot program specified in subsection (a).
12 SEC. 8126. (a) Not later than 30 days after the date
13 of the enactment of this Act, and quarterly thereafter, the
14 Secretary of Defense shall submit to the congressional de-
15 fense committees a report that includes—
16 (1) the number of members of the Armed Forces de-
17 ployed by each geographic combatant command (other
18 than United States Northern Command), set forth sepa-
19 rately by each of the Armed Forces and whether regular,
20 National Guard, or Reserve;
21 (2) the number of Department of Defense civilian em-
22 ployees deployed by each geographic combatant command
23 (other than United States Northern Command);
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1 (3) the number of Department of Defense contractor
2 employees deployed by each geographic combatant com-
3 mand (other than United States Northern Command); and
4 (4) for each category of personnel described in para-
5 graphs (1) through (3), the country and named operation
6 to which such personnel are assigned, if applicable; a de-
7 scription of the functions performed by such personnel;
8 and a comparison of the number of personnel to the num-
9 ber of such personnel in reports previously submitted
10 under this section.
11 (b) Each report under subsection (a) shall be sub-
12 mitted in unclassified form, but may include a classified
13 annex.
14 SEC. 8127. Not more than 15 days before deploying
15 a security force assistance brigade of the United States
16 Army to a friendly foreign country to conduct a program
17 to provide training or equipment to the security forces of
18 such country to build the capacity of such forces, the Sec-
19 retary of Defense shall submit to the congressional defense
20 committees a notification that includes—
21 (1) an identification of the United States Army
22 brigade, including the number of individuals to be
23 deployed;
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24 (2) a description of any education and training
25 provided to such brigade before deployment in order
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1 to conduct the program, including on the language,
2 cultural, and the social dynamics of the friendly for-
3 eign country where the program would be conducted;
4 (3) a description of the amount, type, and pur-
5 pose of the training or equipment to be provided
6 under the program;
7 (4) the authority under which the program is
8 authorized, whether congressional notification (other
9 than the notification required by this section) is re-
10 quired to conduct the program under such authority,
11 and whether such notification has been made;
12 (5) an identification of the foreign country in
13 which the program would be conducted, the specific
14 security forces whose capacity would be built under
15 the program, and an evaluation of the ability of such
16 forces to absorb the training and equipment to be
17 provided under the program;
18 (6) the cost, implementation timeline, and deliv-
19 ery schedule for the training and equipment to be
20 provided under the program, and the source of
21 funds;
22 (7) a description of any arrangements made for
23 sustainment of the program;
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24 (8) information, including the amount, type,
25 and purpose, of any prior assistance provided to the
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1 foreign country by any security force assistance bri-
2 gade of the United States Army;
3 (9) information, including the amount, type,
4 and purpose, on the security assistance provided to
5 the foreign country during the current and prior fis-
6 cal year under other train and equip programs, and
7 a description of how the training and equipment to
8 be provided under the program fits into the overall
9 objective of such programs; and
10 (10) a description of whether training and
11 equipment to be provided under the program could
12 be provided pursuant to other train and equip au-
13 thorities.
14 SEC. 8128. Of funds made available by section 8102
15 of the Department of Defense Appropriations Act, 2014
16 (division C of Public Law 113–76) that remain unobli-
17 gated as of the date of the enactment of this Act, up to
18 $13,000,000 shall be available for grants, cooperative
19 agreements, and to supplement other Federal funds for
20 the following authorized purposes: public healthcare pro-
21 fessionals and public health laboratory staff; laboratory
22 and medical equipment; and medical supplies: Provided,
23 That the Secretary of Defense shall, not less than 15 days
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24 prior to obligating funds made available for such purposes,
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1 notify the congressional defense committees in writing of
2 the details of any such obligation.
3 SEC. 8129. None of the funds provided in this Act
4 for requirements development, performance specification
5 development, concept design and development, ship con-
6 figuration development, systems engineering, naval archi-
7 tecture, marine engineering, operations research analysis,
8 industry studies, preliminary design, development of the
9 Detailed Design and Construction Request for Proposals
10 solicitation package, or related activities for the AS(X)
11 Submarine Tender, T–ARC(X) Cable Laying and Repair
12 Ship, T–AGOS(X) Oceanographic Surveillance Ship,
13 Light Amphibious Warship, Next Generation Medium Am-
14 phibious Ship, or Next Generation Medium Logistics Ship
15 may be used to award a new contract for such activities
16 unless these contracts include specifications that all hull,
17 mechanical, and electrical components are manufactured
18 in the United States.
19 SEC. 8130. None of the funds made available by this
20 Act may be obligated or expended for the purpose of de-
21 commissioning any Navy Littoral Combat Ships.
22 SEC. 8131. (a) Not later than 3 days after a signifi-
23 cant deployment or redeployment of members of the
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24 Armed Forces to a location outside the United States, the
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1 Secretary of Defense shall submit to the congressional de-
2 fense committees a notification that includes—
3 (1) the number of members of the Armed
4 Forces deployed or redeployed;
5 (2) the name of each unit deployed or re-
6 deployed;
7 (3) the duration of the orders for the de-
8 ployment or redeployment;
9 (4) the location of the deployment or rede-
10 ployment;
11 (5) the purpose for the deployment or re-
12 deployment;
13 (6) the estimated cost of the deployment or
14 redeployment over such timeline; and
15 (7) an explanation of how the Secretary in-
16 tends to pay the costs of such deployment or re-
17 deployment, including identification of the spe-
18 cific accounts that will be used to pay such
19 costs for each fiscal year.
20 (b) Each notification under subsection (a) shall be
21 submitted in unclassified form, but may include a classi-
22 fied annex.
23 (c) Nothing in this section shall be construed to au-
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24 thorize a deployment or redeployment.
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1 SEC. 8132. None of the funds made available by this
2 Act may be obligated or expended in a manner that does
3 not comply with the requirements of section 365 of H.R.
4 7120, One Hundred Sixteenth Congress, as passed by the
5 House of Representatives on June 25, 2020.
6 SEC. 8133. None of the funds made available by this
7 Act or any prior Department of Defense Appropriations
8 Acts may be used to conduct, or make specific prepara-
9 tions for, any explosive nuclear weapons test that produces
10 any yield.
11 SEC. 8134. None of the funds appropriated or other-
12 wise made available by this Act or any prior Department
13 of Defense Appropriations Acts may be used to construct
14 a wall, fence, border barriers, or border security infra-
15 structure along the southern land border of the United
16 States: Provided, That none of the funds appropriated or
17 otherwise made available under the heading ‘‘Drug Inter-
18 diction and Counter-drug Activities, Defense’’ in title VI
19 of this Act may be used for the construction of fences pur-
20 suant to subsection (b)(7) of section 284 of title 10,
21 United States Code.
22 SEC. 8135. Notwithstanding any other provision of
23 law, funds made available to the Department of Defense
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24 for fiscal year 2020 that were transferred by such Depart-
25 ment on February 13, 2020, and remain unobligated as
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1 of the date of the enactment of this Act shall be returned
2 to the original account or accounts and may not be used
3 for any purpose other than the original purposes for which
4 they were appropriated by the Department of Defense Ap-
5 propriations Act, 2020 (division A of Public Law 116–93),
6 notwithstanding the transfer authority provided by section
7 8005 of such Act.
8 SEC. 8136. None of the funds made available by this
9 Act may be used for members of the Armed Forces serving
10 on active duty in support of security or immigration en-
11 forcement operations at the southern border unless the
12 agency requesting such support enters into an agreement
13 with the Secretary of Defense to reimburse the Depart-
14 ment of Defense for all costs incurred by the Department
15 to provide such services.
16 SEC. 8137. Of the amounts appropriated in this Act
17 under the heading ‘‘Operation and Maintenance, Defense-
18 Wide’’, $50,000,000, to remain available until September
19 30, 2022: Provided, That such funds shall only be avail-
20 able to the Secretary of Defense, acting through the Office
21 of Economic Adjustment of the Department of Defense,
22 to make grants to communities impacted by military avia-
23 tion noise for the purpose of installing noise mitigating
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24 insulation at covered facilities: Provided further, That, to
25 be eligible to receive a grant under the program, a commu-
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1 nity must enter into an agreement with the Secretary
2 under which the community prioritizes the use of funds
3 for the installation of noise mitigation at covered facilities
4 in the community: Provided further, That, in carrying out
5 the program, the Secretary of Defense shall coordinate
6 and minimize duplication of efforts with the noise mitiga-
7 tion program established under part 150 of title 14, Code
8 of Federal Regulations: Provided further, That, in this sec-
9 tion, the term ‘‘covered facilities’’ means hospitals,
10 daycare facilities, schools, facilities serving senior citizens,
11 and private residences that are located within one mile of
12 a military installation or another location at which mili-
13 tary aircraft are stationed or are located in an area im-
14 pacted by excessive military aviation noise, as determined
15 by the Department of Defense’s noise monitoring pro-
16 grams.
17 SEC. 8138. None of the funds appropriated or other-
18 wise made available by this Act or any prior Department
19 of Defense Appropriations Acts may be used to provide
20 guidance on, review, prepare, approve, or recommend
21 budget request funding levels or initiatives for the Depart-
22 ment of Energy.
23 SEC. 8139. Of the funds appropriated in this Act
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24 under the heading ‘‘Operation and Maintenance, Army’’,
25 $1,000,000 shall be made available for expenses for the
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1 renaming of Army installations, facilities, roads, and
2 streets named after confederate leaders and officers.
3 TITLE IX
4 OVERSEAS CONTINGENCY OPERATIONS
5 MILITARY PERSONNEL
6 MILITARY PERSONNEL, ARMY
7 For an additional amount for ‘‘Military Personnel,
8 Army’’, $2,748,033,000: Provided, That such amount is
9 designated by the Congress for Overseas Contingency Op-
10 erations/Global War on Terrorism pursuant to section
11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
12 Deficit Control Act of 1985.
13 MILITARY PERSONNEL, NAVY
14 For an additional amount for ‘‘Military Personnel,
15 Navy’’, $382,286,000: Provided, That such amount is des-
16 ignated by the Congress for Overseas Contingency Oper-
17 ations/Global War on Terrorism pursuant to section
18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20 MILITARY PERSONNEL, MARINE CORPS
21 For an additional amount for ‘‘Military Personnel,
22 Marine Corps’’, $129,943,000: Provided, That such
23 amount is designated by the Congress for Overseas Con-
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24 tingency Operations/Global War on Terrorism pursuant to
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1 section 251(b)(2)(A)(ii) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3 MILITARY PERSONNEL, AIR FORCE
4 For an additional amount for ‘‘Military Personnel,
5 Air Force’’, $1,077,168,000: Provided, That such amount
6 is designated by the Congress for Overseas Contingency
7 Operations/Global War on Terrorism pursuant to section
8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
9 Deficit Control Act of 1985.
10 RESERVE PERSONNEL, ARMY
11 For an additional amount for ‘‘Reserve Personnel,
12 Army’’, $33,414,000: Provided, That such amount is des-
13 ignated by the Congress for Overseas Contingency Oper-
14 ations/Global War on Terrorism pursuant to section
15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
16 Deficit Control Act of 1985.
17 RESERVE PERSONNEL, NAVY
18 For an additional amount for ‘‘Reserve Personnel,
19 Navy’’, $11,771,000: Provided, That such amount is des-
20 ignated by the Congress for Overseas Contingency Oper-
21 ations/Global War on Terrorism pursuant to section
22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
23 Deficit Control Act of 1985.
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1 RESERVE PERSONNEL, MARINE CORPS
2 For an additional amount for ‘‘Reserve Personnel,
3 Marine Corps’’, $2,048,000: Provided, That such amount
4 is designated by the Congress for Overseas Contingency
5 Operations/Global War on Terrorism pursuant to section
6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
7 Deficit Control Act of 1985.
8 RESERVE PERSONNEL, AIR FORCE
9 For an additional amount for ‘‘Reserve Personnel,
10 Air Force’’, $16,816,000: Provided, That such amount is
11 designated by the Congress for Overseas Contingency Op-
12 erations/Global War on Terrorism pursuant to section
13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15 NATIONAL GUARD PERSONNEL, ARMY
16 For an additional amount for ‘‘National Guard Per-
17 sonnel, Army’’, $195,314,000: Provided, That such
18 amount is designated by the Congress for Overseas Con-
19 tingency Operations/Global War on Terrorism pursuant to
20 section 251(b)(2)(A)(ii) of the Balanced Budget and
21 Emergency Deficit Control Act of 1985.
22 NATIONAL GUARD PERSONNEL, AIR FORCE
23 For an additional amount for ‘‘National Guard Per-
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24 sonnel, Air Force’’, $5,800,000: Provided, That such
25 amount is designated by the Congress for Overseas Con-
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1 tingency Operations/Global War on Terrorism pursuant to
2 section 251(b)(2)(A)(ii) of the Balanced Budget and
3 Emergency Deficit Control Act of 1985.
4 OPERATION AND MAINTENANCE
5 OPERATION AND MAINTENANCE, ARMY
6 For an additional amount for ‘‘Operation and Main-
7 tenance, Army’’, $16,530,754,000: Provided, That such
8 amount is designated by the Congress for Overseas Con-
9 tingency Operations/Global War on Terrorism pursuant to
10 section 251(b)(2)(A)(ii) of the Balanced Budget and
11 Emergency Deficit Control Act of 1985.
12 OPERATION AND MAINTENANCE, NAVY
13 For an additional amount for ‘‘Operation and Main-
14 tenance, Navy’’, $10,942,741,000: Provided, That such
15 amount is designated by the Congress for Overseas Con-
16 tingency Operations/Global War on Terrorism pursuant to
17 section 251(b)(2)(A)(ii) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 OPERATION AND MAINTENANCE, MARINE CORPS
20 For an additional amount for ‘‘Operation and Main-
21 tenance, Marine Corps’’, $1,145,600,000: Provided, That
22 such amount is designated by the Congress for Overseas
23 Contingency Operations/Global War on Terrorism pursu-
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24 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
25 and Emergency Deficit Control Act of 1985.
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1 OPERATION AND MAINTENANCE, AIR FORCE
2 For an additional amount for ‘‘Operation and Main-
3 tenance, Air Force’’, $18,861,862,000: Provided, That
4 such amount is designated by the Congress for Overseas
5 Contingency Operations/Global War on Terrorism pursu-
6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
7 and Emergency Deficit Control Act of 1985.
8 OPERATION AND MAINTENANCE, SPACE FORCE
9 For an additional amount for ‘‘Operation and Main-
10 tenance, Space Force’’, $77,115,000: Provided, That such
11 amount is designated by the Congress for Overseas Con-
12 tingency Operations/Global War on Terrorism pursuant to
13 section 251(b)(2)(A)(ii) of the Balanced Budget and
14 Emergency Deficit Control Act of 1985.
15 OPERATION AND MAINTENANCE, DEFENSE-WIDE
16 For an additional amount for ‘‘Operation and Main-
17 tenance, Defense-Wide’’, $6,169,693,000: Provided, That
18 of the funds provided under this heading, not to exceed
19 $180,000,000, to remain available until September 30,
20 2022, shall be for payments to reimburse key cooperating
21 nations for logistical, military, and other support, includ-
22 ing access, provided to United States military and stability
23 operations in Afghanistan and to counter the Islamic
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24 State of Iraq and Syria: Provided further, That such reim-
25 bursement payments may be made in such amounts as the
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1 Secretary of Defense, with the concurrence of the Sec-
2 retary of State, and in consultation with the Director of
3 the Office of Management and Budget, may determine,
4 based on documentation determined by the Secretary of
5 Defense to adequately account for the support provided,
6 and such determination is final and conclusive upon the
7 accounting officers of the United States, and 15 days fol-
8 lowing written notification to the appropriate congres-
9 sional committees: Provided further, That these funds may
10 be used for the purpose of providing specialized training
11 and procuring supplies and specialized equipment and pro-
12 viding such supplies and loaning such equipment on a non-
13 reimbursable basis to coalition forces supporting United
14 States military and stability operations in Afghanistan
15 and to counter the Islamic State of Iraq and Syria, and
16 15 days following written notification to the appropriate
17 congressional committees: Provided further, That these
18 funds may be used to support the Government of Jordan
19 in such amounts as the Secretary of Defense may deter-
20 mine, to enhance the ability of the armed forces of Jordan
21 to increase or sustain security along its borders, upon 15
22 days prior written notification to the congressional defense
23 committees outlining the amounts intended to be provided
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24 and the nature of the expenses incurred: Provided further,
25 That of the funds provided under this heading, not to ex-
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1 ceed $1,206,296,000, to remain available until September
2 30, 2022, shall be available to provide support and assist-
3 ance to foreign security forces or other groups or individ-
4 uals to conduct, support or facilitate counterterrorism, cri-
5 sis response, or other Department of Defense security co-
6 operation programs, of which not less than $130,000,000
7 shall be available for International Security Cooperation
8 Programs with countries in the United States Africa Com-
9 mand area of responsibility: Provided further, That the
10 Secretary of Defense shall notify the congressional defense
11 committees in writing and not fewer than 15 days prior
12 to obligating funds for International Security Cooperation
13 Programs: Provided further, That these funds may be used
14 in such amounts as the Secretary of Defense may deter-
15 mine to enhance the border security of nations adjacent
16 to conflict areas including Jordan, Lebanon, Egypt, and
17 Tunisia resulting from actions of the Islamic State of Iraq
18 and Syria: Provided further, That the Secretary of Defense
19 shall provide quarterly reports to the Committees on Ap-
20 propriations of the House of Representatives and the Sen-
21 ate on the use and status of funds provided under this
22 heading: Provided further, That such amount is designated
23 by the Congress for Overseas Contingency Operations/
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24 Global War on Terrorism pursuant to section
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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 OPERATION AND MAINTENANCE, ARMY RESERVE
4 For an additional amount for ‘‘Operation and Main-
5 tenance, Army Reserve’’, $33,399,000: Provided, That
6 such amount is designated by the Congress for Overseas
7 Contingency Operations/Global War on Terrorism pursu-
8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
9 and Emergency Deficit Control Act of 1985.
10 OPERATION AND MAINTENANCE, NAVY RESERVE
11 For an additional amount for ‘‘Operation and Main-
12 tenance, Navy Reserve’’, $21,492,000: Provided, That
13 such amount is designated by the Congress for Overseas
14 Contingency Operations/Global War on Terrorism pursu-
15 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
16 and Emergency Deficit Control Act of 1985.
17 OPERATION AND MAINTENANCE, MARINE CORPS
18 RESERVE
19 For an additional amount for ‘‘Operation and Main-
20 tenance, Marine Corps Reserve’’, $8,707,000: Provided,
21 That such amount is designated by the Congress for Over-
22 seas Contingency Operations/Global War on Terrorism
23 pursuant to section 251(b)(2)(A)(ii) of the Balanced
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24 Budget and Emergency Deficit Control Act of 1985.
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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE
2 For an additional amount for ‘‘Operation and Main-
3 tenance, Air Force Reserve’’, $30,090,000: Provided, That
4 such amount is designated by the Congress for Overseas
5 Contingency Operations/Global War on Terrorism pursu-
6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
7 and Emergency Deficit Control Act of 1985.
8 OPERATION AND MAINTENANCE, ARMY NATIONAL
9 GUARD
10 For an additional amount for ‘‘Operation and Main-
11 tenance, Army National Guard’’, $79,792,000: Provided,
12 That such amount is designated by the Congress for Over-
13 seas Contingency Operations/Global War on Terrorism
14 pursuant to section 251(b)(2)(A)(ii) of the Balanced
15 Budget and Emergency Deficit Control Act of 1985.
16 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
17 For an additional amount for ‘‘Operation and Main-
18 tenance, Air National Guard’’, $175,642,000: Provided,
19 That such amount is designated by the Congress for Over-
20 seas Contingency Operations/Global War on Terrorism
21 pursuant to section 251(b)(2)(A)(ii) of the Balanced
22 Budget and Emergency Deficit Control Act of 1985.
23 AFGHANISTAN SECURITY FORCES FUND
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24 For the ‘‘Afghanistan Security Forces Fund’’,
25 $3,047,612,000, to remain available until September 30,
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1 2022: Provided, That such funds shall be available to the
2 Secretary of Defense for the purpose of allowing the Com-
3 mander, Combined Security Transition Command—Af-
4 ghanistan, or the Secretary’s designee, to provide assist-
5 ance, with the concurrence of the Secretary of State, to
6 the security forces of Afghanistan, including the provision
7 of equipment, supplies, services, training, facility and in-
8 frastructure repair, renovation, construction, and funding:
9 Provided further, That the Secretary of Defense may obli-
10 gate and expend funds made available to the Department
11 of Defense in this title for additional costs associated with
12 existing projects previously funded with amounts provided
13 under the heading ‘‘Afghanistan Infrastructure Fund’’ in
14 prior Acts: Provided further, That such costs shall be lim-
15 ited to contract changes resulting from inflation, market
16 fluctuation, rate adjustments, and other necessary con-
17 tract actions to complete existing projects, and associated
18 supervision and administration costs and costs for design
19 during construction: Provided further, That the Secretary
20 may not use more than $50,000,000 under the authority
21 provided in this section: Provided further, That the Sec-
22 retary shall notify in advance such contract changes and
23 adjustments in annual reports to the congressional defense
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24 committees: Provided further, That the authority to pro-
25 vide assistance under this heading is in addition to any
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1 other authority to provide assistance to foreign nations:
2 Provided further, That contributions of funds for the pur-
3 poses provided herein from any person, foreign govern-
4 ment, or international organization may be credited to this
5 Fund, to remain available until expended, and used for
6 such purposes: Provided further, That the Secretary of De-
7 fense shall notify the congressional defense committees in
8 writing upon the receipt and upon the obligation of any
9 contribution, delineating the sources and amounts of the
10 funds received and the specific use of such contributions:
11 Provided further, That the Secretary of Defense shall, not
12 fewer than 15 days prior to obligating from this appro-
13 priation account, notify the congressional defense commit-
14 tees in writing of the details of any such obligation: Pro-
15 vided further, That the Secretary of Defense shall notify
16 the congressional defense committees in writing and not
17 fewer than 15 days prior to obligating funds for any pro-
18 posed new projects or activities, or transfer of funds be-
19 tween budget sub-activity groups in excess of
20 $10,000,000: Provided further, That the United States
21 may accept equipment procured using funds provided
22 under this heading in this or prior Acts that was trans-
23 ferred to the security forces of Afghanistan and returned
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24 by such forces to the United States: Provided further, That
25 equipment procured using funds provided under this head-
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1 ing in this or prior Acts, and not yet transferred to the
2 security forces of Afghanistan or transferred to the secu-
3 rity forces of Afghanistan and returned by such forces to
4 the United States, may be treated as stocks of the Depart-
5 ment of Defense upon written notification to the congres-
6 sional defense committees: Provided further, That of the
7 funds provided under this heading, not less than
8 $20,000,000 shall be for recruitment and retention of
9 women in the Afghanistan National Security Forces, and
10 the recruitment and training of female security personnel:
11 Provided further, That funds appropriated under this
12 heading and made available for the salaries and benefits
13 of personnel of the Afghanistan Security Forces may only
14 be used for personnel who are enrolled in the Afghanistan
15 Personnel and Pay System: Provided further, That funds
16 appropriated under this heading for the Afghanistan Secu-
17 rity Forces may only be obligated if the Secretary of De-
18 fense, in consultation with the Secretary of State, certifies
19 in writing to the congressional defense committees that
20 such forces are controlled by a civilian, representative gov-
21 ernment that is protecting human rights and women’s
22 rights and preventing terrorists and terrorist groups from
23 using the territory of Afghanistan to threaten the security
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24 of the United States and United States allies: Provided
25 further, That such amount is designated by the Congress
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1 for Overseas Contingency Operations/Global War on Ter-
2 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
3 anced Budget and Emergency Deficit Control Act of 1985.
4 COUNTER-ISIS TRAIN AND EQUIP FUND
5 For the ‘‘Counter-Islamic State of Iraq and Syria
6 Train and Equip Fund’’, $700,000,000, to remain avail-
7 able until September 30, 2022: Provided, That such funds
8 shall be available to the Secretary of Defense in coordina-
9 tion with the Secretary of State, to provide assistance, in-
10 cluding training; equipment; logistics support, supplies,
11 and services; stipends; infrastructure repair and renova-
12 tion; construction for facility fortification and humane
13 treatment; and sustainment, to foreign security forces, ir-
14 regular forces, groups, or individuals participating, or pre-
15 paring to participate in activities to counter the Islamic
16 State of Iraq and Syria, and their affiliated or associated
17 groups: Provided further, That amounts made available
18 under this heading shall be available to provide assistance
19 only for activities in a country designated by the Secretary
20 of Defense, in coordination with the Secretary of State,
21 as having a security mission to counter the Islamic State
22 of Iraq and Syria, and following written notification to the
23 congressional defense committees of such designation:
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24 Provided further, That the Secretary of Defense shall en-
25 sure that prior to providing assistance to elements of any
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1 forces or individuals, such elements or individuals are ap-
2 propriately vetted, including at a minimum, assessing such
3 elements for associations with terrorist groups or groups
4 associated with the Government of Iran; and receiving
5 commitments from such elements to promote respect for
6 human rights and the rule of law: Provided further, That
7 the Secretary of Defense shall, not fewer than 15 days
8 prior to obligating from this appropriation account, notify
9 the congressional defense committees in writing of the de-
10 tails of any such obligation: Provided further, That the
11 Secretary of Defense may accept and retain contributions,
12 including assistance in-kind, from foreign governments,
13 including the Government of Iraq and other entities, to
14 carry out assistance authorized under this heading: Pro-
15 vided further, That contributions of funds for the purposes
16 provided herein from any foreign government or other en-
17 tity may be credited to this Fund, to remain available until
18 expended, and used for such purposes: Provided further,
19 That the Secretary of Defense shall prioritize such con-
20 tributions when providing any assistance for construction
21 for facility fortification: Provided further, That the Sec-
22 retary of Defense may waive a provision of law relating
23 to the acquisition of items and support services or sections
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24 40 and 40A of the Arms Export Control Act (22 U.S.C.
25 2780 and 2785) if the Secretary determines that such pro-
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1 vision of law would prohibit, restrict, delay or otherwise
2 limit the provision of such assistance and a notice of and
3 justification for such waiver is submitted to the congres-
4 sional defense committees, the Committees on Appropria-
5 tions and Foreign Relations of the Senate and the Com-
6 mittees on Appropriations and Foreign Affairs of the
7 House of Representatives: Provided further, That the
8 United States may accept equipment procured using funds
9 provided under this heading, or under the heading, ‘‘Iraq
10 Train and Equip Fund’’ in prior Acts, that was trans-
11 ferred to security forces, irregular forces, or groups par-
12 ticipating, or preparing to participate in activities to
13 counter the Islamic State of Iraq and Syria and returned
14 by such forces or groups to the United States, and such
15 equipment may be treated as stocks of the Department
16 of Defense upon written notification to the congressional
17 defense committees: Provided further, That equipment
18 procured using funds provided under this heading, or
19 under the heading, ‘‘Iraq Train and Equip Fund’’ in prior
20 Acts, and not yet transferred to security forces, irregular
21 forces, or groups participating, or preparing to participate
22 in activities to counter the Islamic State of Iraq and Syria
23 may be treated as stocks of the Department of Defense
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24 when determined by the Secretary to no longer be required
25 for transfer to such forces or groups and upon written
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1 notification to the congressional defense committees: Pro-
2 vided further, That the Secretary of Defense shall provide
3 quarterly reports to the congressional defense committees
4 on the use of funds provided under this heading, including,
5 but not limited to, the number of individuals trained, the
6 nature and scope of support and sustainment provided to
7 each group or individual, the area of operations for each
8 group, and the contributions of other countries, groups,
9 or individuals: Provided further, That such amount is des-
10 ignated by the Congress for Overseas Contingency Oper-
11 ations/Global War on Terrorism pursuant to section
12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
13 Deficit Control Act of 1985.
14 PROCUREMENT
15 AIRCRAFT PROCUREMENT, ARMY
16 For an additional amount for ‘‘Aircraft Procurement,
17 Army’’, $595,112,000, to remain available until Sep-
18 tember 30, 2023: Provided, That such amount is des-
19 ignated by the Congress for Overseas Contingency Oper-
20 ations/Global War on Terrorism pursuant to section
21 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
22 Deficit Control Act of 1985.
23 MISSILE PROCUREMENT, ARMY
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24 For an additional amount for ‘‘Missile Procurement,
25 Army’’, $865,992,000, to remain available until Sep-
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1 tember 30, 2023: Provided, That such amount is des-
2 ignated by the Congress for Overseas Contingency Oper-
3 ations/Global War on Terrorism pursuant to section
4 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
5 Deficit Control Act of 1985.
6 PROCUREMENT OF WEAPONS AND TRACKED COMBAT
7 VEHICLES, ARMY
8 For an additional amount for ‘‘Procurement of Weap-
9 ons and Tracked Combat Vehicles, Army’’, $15,225,000,
10 to remain available until September 30, 2023: Provided,
11 That such amount is designated by the Congress for Over-
12 seas Contingency Operations/Global War on Terrorism
13 pursuant to section 251(b)(2)(A)(ii) of the Balanced
14 Budget and Emergency Deficit Control Act of 1985.
15 PROCUREMENT OF AMMUNITION, ARMY
16 For an additional amount for ‘‘Procurement of Am-
17 munition, Army’’, $110,668,000, to remain available until
18 September 30, 2023: Provided, That such amount is des-
19 ignated by the Congress for Overseas Contingency Oper-
20 ations/Global War on Terrorism pursuant to section
21 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
22 Deficit Control Act of 1985.
23 OTHER PROCUREMENT, ARMY
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24 For an additional amount for ‘‘Other Procurement,
25 Army’’, $875,666,000, to remain available until Sep-
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1 tember 30, 2023: Provided, That such amount is des-
2 ignated by the Congress for Overseas Contingency Oper-
3 ations/Global War on Terrorism pursuant to section
4 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
5 Deficit Control Act of 1985.
6 AIRCRAFT PROCUREMENT, NAVY
7 For an additional amount for ‘‘Aircraft Procurement,
8 Navy’’, $33,241,000, to remain available until September
9 30, 2023: Provided, That such amount is designated by
10 the Congress for Overseas Contingency Operations/Global
11 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
12 the Balanced Budget and Emergency Deficit Control Act
13 of 1985.
14 WEAPONS PROCUREMENT, NAVY
15 For an additional amount for ‘‘Weapons Procure-
16 ment, Navy’’, $5,572,000, to remain available until Sep-
17 tember 30, 2023: Provided, That such amount is des-
18 ignated by the Congress for Overseas Contingency Oper-
19 ations/Global War on Terrorism pursuant to section
20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
22 PROCUREMENT OF AMMUNITION, NAVY AND MARINE
23 CORPS
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24 For an additional amount for ‘‘Procurement of Am-
25 munition, Navy and Marine Corps’’, $77,424,000, to re-
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1 main available until September 30, 2023: Provided, That
2 such amount is designated by the Congress for Overseas
3 Contingency Operations/Global War on Terrorism pursu-
4 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
5 and Emergency Deficit Control Act of 1985.
6 OTHER PROCUREMENT, NAVY
7 For an additional amount for ‘‘Other Procurement,
8 Navy’’, $341,612,000, to remain available until September
9 30, 2023: Provided, That such amount is designated by
10 the Congress for Overseas Contingency Operations/Global
11 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
12 the Balanced Budget and Emergency Deficit Control Act
13 of 1985.
14 PROCUREMENT, MARINE CORPS
15 For an additional amount for ‘‘Procurement, Marine
16 Corps’’, $47,963,000, to remain available until September
17 30, 2023: Provided, That such amount is designated by
18 the Congress for Overseas Contingency Operations/Global
19 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
20 the Balanced Budget and Emergency Deficit Control Act
21 of 1985.
22 AIRCRAFT PROCUREMENT, AIR FORCE
23 For an additional amount for ‘‘Aircraft Procurement,
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24 Air Force’’, $787,665,000, to remain available until Sep-
25 tember 30, 2023: Provided, That such amount is des-
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1 ignated by the Congress for Overseas Contingency Oper-
2 ations/Global War on Terrorism pursuant to section
3 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
4 Deficit Control Act of 1985.
5 MISSILE PROCUREMENT, AIR FORCE
6 For an additional amount for ‘‘Missile Procurement,
7 Air Force’’, $223,772,000, to remain available until Sep-
8 tember 30, 2023: Provided, That such amount is des-
9 ignated by the Congress for Overseas Contingency Oper-
10 ations/Global War on Terrorism pursuant to section
11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
12 Deficit Control Act of 1985.
13 PROCUREMENT OF AMMUNITION, AIR FORCE
14 For an additional amount for ‘‘Procurement of Am-
15 munition, Air Force’’, $802,455,000, to remain available
16 until September 30, 2023: Provided, That such amount
17 is designated by the Congress for Overseas Contingency
18 Operations/Global War on Terrorism pursuant to section
19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.
21 OTHER PROCUREMENT, AIR FORCE
22 For an additional amount for ‘‘Other Procurement,
23 Air Force’’, $355,339,000, to remain available until Sep-
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24 tember 30, 2023: Provided, That such amount is des-
25 ignated by the Congress for Overseas Contingency Oper-
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1 ations/Global War on Terrorism pursuant to section
2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4 PROCUREMENT, DEFENSE-WIDE
5 For an additional amount for ‘‘Procurement, De-
6 fense-Wide’’, $335,837,000, to remain available until Sep-
7 tember 30, 2023: Provided, That such amount is des-
8 ignated by the Congress for Overseas Contingency Oper-
9 ations/Global War on Terrorism pursuant to section
10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
13 For procurement of rotary-wing aircraft; combat, tac-
14 tical and support vehicles; other weapons; and other pro-
15 curement items for the reserve components of the Armed
16 Forces, $1,000,000,000, to remain available for obligation
17 until September 30, 2023: Provided, That the Chiefs of
18 National Guard and Reserve components shall, not later
19 than 30 days after enactment of this Act, individually sub-
20 mit to the congressional defense committees the mod-
21 ernization priority assessment for their respective Na-
22 tional Guard or Reserve component: Provided further,
23 That none of the funds made available by this paragraph
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24 may be used to procure manned fixed wing aircraft, or
25 procure or modify missiles, munitions, or ammunition:
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1 Provided further, That such amount is designated by the
2 Congress for Overseas Contingency Operations/Global
3 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
4 the Balanced Budget and Emergency Deficit Control Act
5 of 1985.
6 RESEARCH, DEVELOPMENT, TEST AND
7 EVALUATION
8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
9 ARMY
10 For an additional amount for ‘‘Research, Develop-
11 ment, Test and Evaluation, Army’’, $175,824,000, to re-
12 main available until September 30, 2022: Provided, That
13 such amount is designated by the Congress for Overseas
14 Contingency Operations/Global War on Terrorism pursu-
15 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
16 and Emergency Deficit Control Act of 1985.
17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
18 NAVY
19 For an additional amount for ‘‘Research, Develop-
20 ment, Test and Evaluation, Navy’’, $59,562,000, to re-
21 main available until September 30, 2022: Provided, That
22 such amount is designated by the Congress for Overseas
23 Contingency Operations/Global War on Terrorism pursu-
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24 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
25 and Emergency Deficit Control Act of 1985.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
2 AIR FORCE
3 For an additional amount for ‘‘Research, Develop-
4 ment, Test and Evaluation, Air Force’’, $5,304,000, to re-
5 main available until September 30, 2022: Provided, That
6 such amount is designated by the Congress for Overseas
7 Contingency Operations/Global War on Terrorism pursu-
8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
9 and Emergency Deficit Control Act of 1985.
10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
11 DEFENSE-WIDE
12 For an additional amount for ‘‘Research, Develop-
13 ment, Test and Evaluation, Defense-Wide’’, $80,818,000
14 (reduced by $6,000,000) (increased by $6,000,000), to re-
15 main available until September 30, 2022: Provided, That
16 such amount is designated by the Congress for Overseas
17 Contingency Operations/Global War on Terrorism pursu-
18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
19 and Emergency Deficit Control Act of 1985.
20 REVOLVING AND MANAGEMENT FUNDS
21 DEFENSE WORKING CAPITAL FUNDS
22 For an additional amount for ‘‘Defense Working
23 Capital Funds’’, $20,090,000: Provided, That such
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24 amount is designated by the Congress for Overseas Con-
25 tingency Operations/Global War on Terrorism pursuant to
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1 section 251(b)(2)(A)(ii) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3 OTHER DEPARTMENT OF DEFENSE PROGRAMS
4 DEFENSE HEALTH PROGRAM
5 For an additional amount for ‘‘Defense Health Pro-
6 gram’’, $365,098,000, which shall be for operation and
7 maintenance: Provided, That such amount is designated
8 by the Congress for Overseas Contingency Operations/
9 Global War on Terrorism pursuant to section
10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12 OFFICE OF THE INSPECTOR GENERAL
13 For an additional amount for the ‘‘Office of the In-
14 spector General’’, $24,069,000: Provided, That such
15 amount is designated by the Congress for Overseas Con-
16 tingency Operations/Global War on Terrorism pursuant to
17 section 251(b)(2)(A)(ii) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 GENERAL PROVISIONS—THIS TITLE
20 SEC. 9001. Notwithstanding any other provision of
21 law, funds made available in this title are in addition to
22 amounts appropriated or otherwise made available for the
23 Department of Defense for fiscal year 2021.
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1 (INCLUDING TRANSFER OF FUNDS)
2 SEC. 9002. Upon the determination of the Secretary
3 of Defense that such action is necessary in the national
4 interest, the Secretary may, with the approval of the Of-
5 fice of Management and Budget, transfer up to
6 $900,000,000 between the appropriations or funds made
7 available to the Department of Defense in this title: Pro-
8 vided, That the Secretary shall notify the Congress
9 promptly of each transfer made pursuant to the authority
10 in this section: Provided further, That the authority pro-
11 vided in this section is in addition to any other transfer
12 authority available to the Department of Defense and is
13 subject to the same terms and conditions as the authority
14 provided in section 8005 of this Act.
15 SEC. 9003. Supervision and administration costs and
16 costs for design during construction associated with a con-
17 struction project funded with appropriations available for
18 operation and maintenance or the ‘‘Afghanistan Security
19 Forces Fund’’ provided in this Act and executed in direct
20 support of overseas contingency operations in Afghani-
21 stan, may be obligated at the time a construction contract
22 is awarded: Provided, That, for the purpose of this section,
23 supervision and administration costs and costs for design
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24 during construction include all in-house Government costs.
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1 SEC. 9004. From funds made available in this title,
2 the Secretary of Defense may purchase for use by military
3 and civilian employees of the Department of Defense in
4 the United States Central Command area of responsi-
5 bility: (1) passenger motor vehicles up to a limit of
6 $75,000 per vehicle; and (2) heavy and light armored vehi-
7 cles for the physical security of personnel or for force pro-
8 tection purposes up to a limit of $450,000 per vehicle, not-
9 withstanding price or other limitations applicable to the
10 purchase of passenger carrying vehicles.
11 SEC. 9005. Not to exceed $2,000,000 of the amounts
12 appropriated by this title under the heading ‘‘Operation
13 and Maintenance, Army’’ may be used, notwithstanding
14 any other provision of law, to fund the Commanders’
15 Emergency Response Program (CERP), for the purpose
16 of enabling military commanders in Afghanistan to re-
17 spond to urgent, small-scale, humanitarian relief and re-
18 construction requirements within their areas of responsi-
19 bility: Provided, That each project (including any ancillary
20 or related elements in connection with such project) exe-
21 cuted under this authority shall not exceed $1,000,000:
22 Provided further, That not later than 45 days after the
23 end of each 6 months of the fiscal year, the Secretary of
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24 Defense shall submit to the congressional defense commit-
25 tees a report regarding the source of funds and the alloca-
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1 tion and use of funds during that 6-month period that
2 were made available pursuant to the authority provided
3 in this section or under any other provision of law for the
4 purposes described herein: Provided further, That, not
5 later than 30 days after the end of each fiscal year quar-
6 ter, the Army shall submit to the congressional defense
7 committees quarterly commitment, obligation, and expend-
8 iture data for the CERP in Afghanistan: Provided further,
9 That, not less than 15 days before making funds available
10 pursuant to the authority provided in this section or under
11 any other provision of law for the purposes described here-
12 in for a project with a total anticipated cost for completion
13 of $500,000 or more, the Secretary shall submit to the
14 congressional defense committees a written notice con-
15 taining each of the following:
16 (1) The location, nature and purpose of the
17 proposed project, including how the project is in-
18 tended to advance the military campaign plan for
19 the country in which it is to be carried out.
20 (2) The budget, implementation timeline with
21 milestones, and completion date for the proposed
22 project, including any other CERP funding that has
23 been or is anticipated to be contributed to the com-
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24 pletion of the project.
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1 (3) A plan for the sustainment of the proposed
2 project, including the agreement with either the host
3 nation, a non-Department of Defense agency of the
4 United States Government or a third-party contrib-
5 utor to finance the sustainment of the activities and
6 maintenance of any equipment or facilities to be pro-
7 vided through the proposed project.
8 SEC. 9006. Funds available to the Department of De-
9 fense for operation and maintenance may be used, not-
10 withstanding any other provision of law, to provide sup-
11 plies, services, transportation, including airlift and sealift,
12 and other logistical support to allied forces participating
13 in a combined operation with the armed forces of the
14 United States and coalition forces supporting military and
15 stability operations in Afghanistan and to counter the Is-
16 lamic State of Iraq and Syria: Provided, That the Sec-
17 retary of Defense shall provide quarterly reports to the
18 congressional defense committees regarding support pro-
19 vided under this section.
20 SEC. 9007. None of the funds appropriated or other-
21 wise made available by this or any other Act shall be obli-
22 gated or expended by the United States Government for
23 a purpose as follows:
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1 (1) To establish any military installation or
2 base for the purpose of providing for the permanent
3 stationing of United States Armed Forces in Iraq.
4 (2) To exercise United States control over any
5 oil resource of Iraq or Syria.
6 (3) To establish any military installation or
7 base for the purpose of providing for the permanent
8 stationing of United States Armed Forces in Af-
9 ghanistan.
10 SEC. 9008. None of the funds made available in this
11 Act may be used in contravention of the following laws
12 enacted or regulations promulgated to implement the
13 United Nations Convention Against Torture and Other
14 Cruel, Inhuman or Degrading Treatment or Punishment
15 (done at New York on December 10, 1984):
16 (1) Section 2340A of title 18, United States
17 Code.
18 (2) Section 2242 of the Foreign Affairs Reform
19 and Restructuring Act of 1998 (division G of Public
20 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231
21 note) and regulations prescribed thereto, including
22 regulations under part 208 of title 8, Code of Fed-
23 eral Regulations, and part 95 of title 22, Code of
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24 Federal Regulations.
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1 (3) Sections 1002 and 1003 of the Department
2 of Defense, Emergency Supplemental Appropriations
3 to Address Hurricanes in the Gulf of Mexico, and
4 Pandemic Influenza Act, 2006 (Public Law 109–
5 148).
6 SEC. 9009. None of the funds provided for the ‘‘Af-
7 ghanistan Security Forces Fund’’ (ASFF) may be obli-
8 gated prior to the approval of a financial and activity plan
9 by the Afghanistan Resources Oversight Council (AROC)
10 of the Department of Defense: Provided, That the AROC
11 must approve the requirement and acquisition plan for any
12 service requirements in excess of $50,000,000 annually
13 and any non-standard equipment requirements in excess
14 of $100,000,000 using ASFF: Provided further, That the
15 Department of Defense must certify to the congressional
16 defense committees that the AROC has convened and ap-
17 proved a process for ensuring compliance with the require-
18 ments in the preceding proviso and accompanying report
19 language for the ASFF.
20 SEC. 9010. Funds made available in this title to the
21 Department of Defense for operation and maintenance
22 may be used to purchase items having an investment unit
23 cost of not more than $250,000: Provided, That, upon de-
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24 termination by the Secretary of Defense that such action
25 is necessary to meet the operational requirements of a
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1 Commander of a Combatant Command engaged in contin-
2 gency operations overseas, such funds may be used to pur-
3 chase items having an investment item unit cost of not
4 more than $500,000.
5 SEC. 9011. Up to $500,000,000 of funds appro-
6 priated by this Act for the Defense Security Cooperation
7 Agency in ‘‘Operation and Maintenance, Defense-Wide’’
8 may be used to provide assistance to the Government of
9 Jordan to support the armed forces of Jordan and to en-
10 hance security along its borders.
11 SEC. 9012. None of the funds made available by this
12 Act under the headings ‘‘Afghanistan Security Forces
13 Fund’’ and ‘‘Counter-ISIS Train and Equip Fund’’, and
14 under the heading ‘‘Operation and Maintenance, Defense-
15 Wide’’ for Department of Defense security cooperation
16 grant programs, may be used to procure or transfer man-
17 portable air defense systems.
18 SEC. 9013. Of the amounts appropriated in this title
19 under the heading ‘‘Operation and Maintenance, Defense-
20 Wide’’, for the Defense Security Cooperation Agency,
21 $275,000,000, of which $137,500,000 to remain available
22 until September 30, 2021, shall be for the Ukraine Secu-
23 rity Assistance Initiative: Provided, That such funds shall
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24 be available to the Secretary of Defense, in coordination
25 with the Secretary of State, to provide assistance, includ-
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1 ing training; equipment; lethal assistance; logistics sup-
2 port, supplies and services; sustainment; and intelligence
3 support to the military and national security forces of
4 Ukraine, and for replacement of any weapons or articles
5 provided to the Government of Ukraine from the inventory
6 of the United States: Provided further, That of the
7 amounts made available in this section, $50,000,000 shall
8 be available only for lethal assistance described in para-
9 graphs (2) and (3) of section 1250(b) of the National De-
10 fense Authorization Act for Fiscal Year 2016 (Public Law
11 114–92): Provided further, That the Secretary of Defense
12 shall, not less than 15 days prior to obligating funds made
13 available in this section, notify the congressional defense
14 committees in writing of the details of any such obligation:
15 Provided further, That the Secretary of Defense shall, not
16 more than 60 days after such notification is made, inform
17 such committees if such funds have not been obligated and
18 the reasons therefor: Provided further, That the United
19 States may accept equipment procured using funds made
20 available in this section in this or prior Acts that was
21 transferred to the security forces of Ukraine and returned
22 by such forces to the United States: Provided further, That
23 equipment procured using funds made available in this
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24 section in this or prior Acts, and not yet transferred to
25 the military or National Security Forces of Ukraine or re-
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1 turned by such forces to the United States, may be treated
2 as stocks of the Department of Defense upon written noti-
3 fication to the congressional defense committees: Provided
4 further, That, notwithstanding any other provision of law,
5 amounts made available in this section shall be exempt
6 from apportionment under chapter 15 of title 31, United
7 States Code.
8 SEC. 9014. Funds appropriated in this title shall be
9 available for replacement of funds for items provided to
10 the Government of Ukraine from the inventory of the
11 United States to the extent specifically provided for in sec-
12 tion 9013 of this Act.
13 SEC. 9015. None of the funds made available by this
14 Act may be used to provide arms, training, or other assist-
15 ance to the Azov Battalion.
16 SEC. 9016. Equipment procured using funds provided
17 in prior Acts under the heading ‘‘Counterterrorism Part-
18 nerships Fund’’ for the program authorized by section
19 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
20 National Defense Authorization Act for Fiscal Year 2015
21 (Public Law 113–291), or under the heading ‘‘Iraq Train
22 and Equip Fund’’ for the program authorized by section
23 1236 of such Act, and not yet transferred to authorized
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24 recipients may be transferred to foreign security forces,
25 irregular forces, groups, or individuals, authorized to re-
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1 ceive assistance using amounts provided under the heading
2 ‘‘Counter-ISIS Train and Equip Fund’’ in this Act: Pro-
3 vided, That such equipment may be transferred 15 days
4 following written notification to the congressional defense
5 committees.
6 SEC. 9017. (a) None of the funds appropriated or
7 otherwise made available by this Act under the headings
8 ‘‘Operation and Maintenance, Defense-Wide’’ and
9 ‘‘Counter-ISIS Train and Equip Fund’’ for reimburse-
10 ment made to the Government of Pakistan under section
11 1226 of the National Defense Authorization Act for Fiscal
12 Year 2016 (22 U.S.C. 2151 note) may be made available
13 unless the Secretary of Defense, in coordination with the
14 Secretary of State, certifies to the congressional defense
15 committees that the Government of Pakistan is—
16 (1) cooperating with the United States in
17 counterterrorism efforts against the Haqqani Net-
18 work, the Quetta Shura Taliban, Lashkar e-Tayyiba,
19 Jaish-e-Mohammed, Al Qaeda, and other domestic
20 and foreign terrorist organizations, including taking
21 steps to end support for such groups and prevent
22 them from basing and operating in Pakistan and
23 carrying out cross border attacks into neighboring
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24 countries;
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1 (2) not supporting terrorist activities against
2 United States or coalition forces in Afghanistan, and
3 Pakistan’s military and intelligence agencies are not
4 intervening extra-judicially into political and judicial
5 processes in Pakistan;
6 (3) dismantling improvised explosive device
7 (IED) networks and interdicting precursor chemicals
8 used in the manufacture of IEDs;
9 (4) preventing the proliferation of nuclear-re-
10 lated material and expertise;
11 (5) implementing policies to protect judicial
12 independence and due process of law;
13 (6) issuing visas in a timely manner for United
14 States visitors engaged in counterterrorism efforts
15 and assistance programs in Pakistan; and
16 (7) providing humanitarian organizations access
17 to detainees, internally displaced persons, and other
18 Pakistani civilians affected by the conflict.
19 (b) The Secretary of Defense, in coordination with
20 the Secretary of State, may waive the restriction in sub-
21 section (a) on a case-by-case basis by certifying in writing
22 to the congressional defense committees that it is in the
23 national security interest to do so: Provided, That if the
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24 Secretary of Defense, in coordination with the Secretary
25 of State, exercises such waiver authority, the Secretaries
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1 shall report to the congressional defense committees on
2 both the justification for the waiver and on the require-
3 ments of this section that the Government of Pakistan was
4 not able to meet: Provided further, That such report may
5 be submitted in classified form if necessary.
6 SEC. 9018. None of the funds made available by this
7 Act may be used with respect to Iraq in contravention of
8 the War Powers Resolution (50 U.S.C. 1541 et seq.), in-
9 cluding for the introduction of United States armed forces
10 into hostilities in Iraq, into situations in Iraq where immi-
11 nent involvement in hostilities is clearly indicated by the
12 circumstances, or into Iraqi territory, airspace, or waters
13 while equipped for combat, in contravention of the con-
14 gressional consultation and reporting requirements of sec-
15 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and
16 1543).
17 SEC. 9019. None of the funds made available by this
18 Act may be used with respect to Syria in contravention
19 of the War Powers Resolution (50 U.S.C. 1541 et seq.),
20 including for the introduction of United States armed or
21 military forces into hostilities in Syria, into situations in
22 Syria where imminent involvement in hostilities is clearly
23 indicated by the circumstances, or into Syrian territory,
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24 airspace, or waters while equipped for combat, in con-
25 travention of the congressional consultation and reporting
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1 requirements of sections 3 and 4 of that law (50 U.S.C.
2 1542 and 1543).
3 SEC. 9020. None of the funds in this Act may be
4 made available for the transfer of additional C–130 cargo
5 aircraft to the Afghanistan National Security Forces or
6 the Afghanistan Air Force.
7 SEC. 9021. Funds made available by this Act under
8 the heading ‘‘Afghanistan Security Forces Fund’’ may be
9 used to provide limited training, equipment, and other as-
10 sistance that would otherwise be prohibited by 10 U.S.C.
11 362 to a unit of the security forces of Afghanistan only
12 if the Secretary of Defense certifies to the congressional
13 defense committees, within 30 days of a decision to pro-
14 vide such assistance, that (1) a denial of such assistance
15 would present significant risk to United States or coalition
16 forces or significantly undermine United States national
17 security objectives in Afghanistan; and (2) the Secretary
18 has sought a commitment by the Government of Afghani-
19 stan to take all necessary corrective steps: Provided, That
20 such certification shall be accompanied by a report de-
21 scribing: (1) the information relating to the gross violation
22 of human rights; (2) the circumstances that necessitated
23 the provision of such assistance; (3) the Afghan security
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24 force unit involved; (4) the assistance provided and the
25 assistance withheld; and (5) the corrective steps to be
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1 taken by the Government of Afghanistan: Provided fur-
2 ther, That every 120 days after the initial report an addi-
3 tional report shall be submitted detailing the status of any
4 corrective steps taken by the Government of Afghanistan:
5 Provided further, That if the Government of Afghanistan
6 has not initiated necessary corrective steps within 1 year
7 of the certification, the authority under this section to pro-
8 vide assistance to such unit shall no longer apply: Provided
9 further, That the Secretary shall submit a report to such
10 committees detailing the final disposition of the case by
11 the Government of Afghanistan.
12 SEC. 9022. None of the funds made available by this
13 Act may be made available for any member of the Taliban
14 except to support a reconciliation activity that includes the
15 participation of members of the Government of Afghani-
16 stan, does not restrict the participation of women, and is
17 authorized by section 1218 of the National Defense Au-
18 thorization Act for Fiscal Year 2020 (Public Law 116–
19 92).
20 SEC. 9023. Nothing in this Act may be construed as
21 authorizing the use of force against Iran.
22 SEC. 9024. Not later than 15 days after the date on
23 which any foreign base that involves the stationing or op-
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24 erations of the United States Armed Forces, including a
25 temporary base, permanent base, or base owned and oper-
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1 ated by a foreign country, is opened or closed, the Sec-
2 retary of Defense shall notify the congressional defense
3 committees in writing of the opening or closing of such
4 base: Provided, that such notification shall also include in-
5 formation on any personnel changes, costs, and savings
6 associated with the opening or closing of such base.
7 (INCLUDING TRANSFER OF FUNDS)
8 SEC. 9025. In addition to amounts otherwise made
9 available in this Act, $250,000,000 is hereby appropriated
10 to the Department of Defense and made available for
11 transfer only to the operation and maintenance, military
12 personnel, and procurement accounts, to improve near-
13 term intelligence, surveillance, and reconnaissance capa-
14 bilities and related processing, exploitation, and dissemi-
15 nation functions of the Department of Defense: Provided,
16 That the transfer authority provided in this section is in
17 addition to any other transfer authority provided else-
18 where in this Act: Provided further, That not later than
19 30 days prior to exercising the transfer authority provided
20 in this section, the Secretary of Defense shall submit a
21 report to the congressional defense committees on the pro-
22 posed uses of these funds: Provided further, That the
23 funds provided in this section may not be transferred to
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24 any program, project, or activity specifically limited or de-
25 nied by this Act: Provided further, That such funds may
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1 not be obligated for new start efforts: Provided further,
2 That amounts made available by this section are des-
3 ignated by the Congress for Overseas Contingency Oper-
4 ations/Global War on Terrorism pursuant to section
5 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985: Provided further, That the
7 authority to provide funding under this section shall termi-
8 nate on September 30, 2021.
9 (RESCISSIONS)
10 SEC. 9026. Of the funds appropriated in Department
11 of Defense Appropriations Acts, the following funds are
12 hereby rescinded from the following accounts and pro-
13 grams in the specified amounts: Provided, That such
14 amounts are designated by the Congress for Overseas
15 Contingency Operations/Global War on Terrorism pursu-
16 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
17 and Emergency Deficit Control Act of 1985:
18 ‘‘Aircraft Procurement, Air Force’’, 2019/2021,
19 $16,400,000;
20 ‘‘Operation and Maintenance, Defense-Wide: Defense
21 Security Cooperation Agency’’, 2020/2021, $80,000,000;
22 ‘‘Afghanistan Security Forces Fund’’, 2020/2021,
23 $1,100,000,000; and
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24 ‘‘Counter-ISIS Train and Equip Fund’’, 2020/2021,
25 $250,000,000.
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1 SEC. 9027. Effective 240 days after the date of the
2 enactment of this Act, the Authorization for Use of Mili-
3 tary Force (Public Law 107–40; 50 U.S.C. 1541 note)
4 is hereby repealed.
5 SEC. 9028. The Authorization for Use of Military
6 Force Against Iraq Resolution of 2002 (Public Law 107–
7 243; 50 U.S.C. 1541 note) is hereby repealed.
8 SEC. 9029. (a)(1) Except as provided in paragraph
9 (2), none of the funds appropriated or otherwise made
10 available by this Act may be obligated or expended for any
11 use of military force in or against Iran unless Congress
12 has—
13 (A) declared war; or
14 (B) enacted specific statutory author-
15 ization for such use of military force after
16 the date of the enactment of this Act that
17 meets the requirements of the War Powers
18 Resolution (50 U.S.C. 1541 et seq.).
19 (2) The prohibition under paragraph (1) shall not
20 apply to a use of military force that is consistent with sec-
21 tion (2)(c) of the War Powers Resolution.
22 (b) Nothing in this section may be construed—
23 (1) to prevent the President from using nec-
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24 essary and appropriate force to defend United States
25 allies and partners if Congress enacts specific statu-
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1 tory authorization for such use of force consistent
2 with the requirements of the War Powers Resolution
3 (50 U.S.C. 1541 et seq.);
4 (2) to relieve the executive branch of restric-
5 tions on the use of force, reporting, or consultation
6 requirements set forth in the War Powers Resolution
7 (50 U.S.C. 1541 et seq.); or
8 (3) to authorize the use of military force.
9 SEC. 9030. None of the funds appropriated or other-
10 wise made available by this Act may be used to carry out
11 or support any law enforcement action, carried out by a
12 member of the Armed Forces or employee (including any
13 contract employee) of the Department of Defense deployed
14 pursuant to section 253 of title 10, United States Code,
15 unless such individual wears a clearly visible identification
16 that indicates the first and last name of the individual,
17 a unique identifier or badge number, rank or title, and
18 the Armed Force or agency that vests such individual with
19 authority to carry out or support such action.
20 SEC. 9031. None of the funds appropriated or other-
21 wise made available by this Act may be used in contraven-
22 tion of the First Amendment of the Constitution.
23 SEC. 9032. None of the funds appropriated or other-
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24 wise made available by this Act under the heading ‘‘Oper-
25 ation and Maintenance, Defense-Wide’’ may be used to re-
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1 quire, support, or pay private sector (as defined in Depart-
2 ment of Defense Instruction 8000.01) manufacturers (as
3 used in Department of Defense Instruction 8500.2) of
4 software and hardware (as defined in Department of De-
5 fense Instruction 8510.01, effective May 24, 2016) for
6 consumers (as defined in section 106(1) of the Electronic
7 Signatures in Global and National Commerce Act (15
8 U.S.C. 7006(1))) to—
9 (1) intentionally add security vulnerabilities, as
10 such term is defined in section 102(17) of the
11 Cybersecurity Information Sharing Act of 2015 (6
12 U.S.C. 1501(17)) to their items or services;
13 (2) remove any security function, mechanism,
14 service, or solution, as such term is used in Depart-
15 ment of Defense Directive 8500.01E (effective April
16 23, 2007) from their items or services; or
17 (3) remove encryption end-to-end, as such term
18 is used in Department of Defense Instruction
19 8420.01 from their items or services.
20 SEC. 9033. None of the funds made available by this
21 Act may be used to implement Directive-type Memo-
22 randum (DTM)–19–004, titled ‘‘Military Service by
23 Transgender Persons and Persons with Gender Dys-
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24 phoria’’, and dated March 12, 2019 (effective date April
25 12, 2019).
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1 SEC. 9034. None of the funds made available by this
2 Act may be used to reduce the number of KC–135 aircraft
3 in the primary mission aircraft inventory of the Air Na-
4 tional Guard.
5 SEC. 9035. None of the funds made available by this
6 Act may be used to support the Badr Organization.
7 SEC. 9036. None of the funds available by this Act
8 may be used to support the Iraqi Popular Mobilization
9 Forces.
10 This division may be cited as the ‘‘Department of De-
11 fense Appropriations Act, 2021’’.
12 DIVISION B—COMMERCE, JUSTICE,
13 SCIENCE, AND RELATED AGENCIES
14 APPROPRIATIONS ACT, 2021
15 That the following sums are appropriated, out of any
16 money in the Treasury not otherwise appropriated, for the
17 fiscal year ending September 30, 2021, and for other pur-
18 poses, namely:
19 TITLE I
20 DEPARTMENT OF COMMERCE
21 INTERNATIONAL TRADE ADMINISTRATION
22 OPERATIONS AND ADMINISTRATION
23 For necessary expenses for international trade activi-
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24 ties of the Department of Commerce provided for by law,
25 to carry out activities associated with facilitating, attract-
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1 ing, and retaining business investment in the United
2 States, and for engaging in trade promotional activities
3 abroad, including expenses of grants and cooperative
4 agreements for the purpose of promoting exports of
5 United States firms, without regard to sections 3702 and
6 3703 of title 44, United States Code; full medical coverage
7 for dependent members of immediate families of employees
8 stationed overseas and employees temporarily posted over-
9 seas; travel and transportation of employees of the Inter-
10 national Trade Administration between two points abroad,
11 without regard to section 40118 of title 49, United States
12 Code; employment of citizens of the United States and
13 aliens by contract for services; rental of space abroad for
14 periods not exceeding 10 years, and expenses of alteration,
15 repair, or improvement; purchase or construction of tem-
16 porary demountable exhibition structures for use abroad;
17 payment of tort claims, in the manner authorized in the
18 first paragraph of section 2672 of title 28, United States
19 Code, when such claims arise in foreign countries; not to
20 exceed $294,300 for official representation expenses
21 abroad; purchase of passenger motor vehicles for official
22 use abroad, not to exceed $45,000 per vehicle; obtaining
23 insurance on official motor vehicles; and rental of tie lines,
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24 $542,428,000 (reduced by $542,428,000) (increased by
25 $542,428,000), of which $75,000,000 shall remain avail-
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1 able until September 30, 2022: Provided, That
2 $11,000,000 is to be derived from fees to be retained and
3 used by the International Trade Administration, notwith-
4 standing section 3302 of title 31, United States Code: Pro-
5 vided further, That, of amounts provided under this head-
6 ing, not less than $16,400,000 shall be for China anti-
7 dumping and countervailing duty enforcement and compli-
8 ance activities: Provided further, That the provisions of the
9 first sentence of section 105(f) and all of section 108(c)
10 of the Mutual Educational and Cultural Exchange Act of
11 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car-
12 rying out these activities; and that for the purpose of this
13 Act, contributions under the provisions of the Mutual
14 Educational and Cultural Exchange Act of 1961 shall in-
15 clude payment for assessments for services provided as
16 part of these activities.
17 BUREAU OF INDUSTRY AND SECURITY
18 OPERATIONS AND ADMINISTRATION
19 For necessary expenses for export administration and
20 national security activities of the Department of Com-
21 merce, including costs associated with the performance of
22 export administration field activities both domestically and
23 abroad; full medical coverage for dependent members of
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24 immediate families of employees stationed overseas; em-
25 ployment of citizens of the United States and aliens by
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1 contract for services abroad; payment of tort claims, in
2 the manner authorized in the first paragraph of section
3 2672 of title 28, United States Code, when such claims
4 arise in foreign countries; not to exceed $13,500 for offi-
5 cial representation expenses abroad; awards of compensa-
6 tion to informers under the Export Control Reform Act
7 of 2018 (subtitle B of title XVII of the John S. McCain
8 National Defense Authorization Act for Fiscal Year 2019;
9 Public Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et
10 seq.), and as authorized by section 1(b) of the Act of June
11 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase
12 of passenger motor vehicles for official use and motor vehi-
13 cles for law enforcement use with special requirement vehi-
14 cles eligible for purchase without regard to any price limi-
15 tation otherwise established by law, $137,664,000, to re-
16 main available until expended: Provided, That the provi-
17 sions of the first sentence of section 105(f) and all of sec-
18 tion 108(c) of the Mutual Educational and Cultural Ex-
19 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
20 apply in carrying out these activities: Provided further,
21 That payments and contributions collected and accepted
22 for materials or services provided as part of such activities
23 may be retained for use in covering the cost of such activi-
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24 ties, and for providing information to the public with re-
25 spect to the export administration and national security
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1 activities of the Department of Commerce and other ex-
2 port control programs of the United States and other gov-
3 ernments.
4 ECONOMIC DEVELOPMENT ADMINISTRATION
5 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
6 For grants for economic development assistance as
7 provided by the Public Works and Economic Development
8 Act of 1965, for trade adjustment assistance, and for
9 grants authorized by sections 27 and 28 of the Stevenson-
10 Wydler Technology Innovation Act of 1980 (15 U.S.C.
11 3722 and 3723), $314,000,000, to remain available until
12 expended, of which $35,000,000 shall be for grants under
13 such section 27 and $4,500,000 shall be for grants under
14 such section 28.
15 SALARIES AND EXPENSES
16 For necessary expenses of administering the eco-
17 nomic development assistance programs as provided for by
18 law, $42,000,000: Provided, That funds provided under
19 this heading may be used to monitor projects approved
20 pursuant to title I of the Public Works Employment Act
21 of 1976, title II of the Trade Act of 1974, sections 27
22 and 28 of the Stevenson-Wydler Technology Innovation
23 Act of 1980 (15 U.S.C. 3722 and 3723), and the Commu-
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24 nity Emergency Drought Relief Act of 1977.
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1 MINORITY BUSINESS DEVELOPMENT AGENCY
2 MINORITY BUSINESS DEVELOPMENT
3 For necessary expenses of the Department of Com-
4 merce in fostering, promoting, and developing minority
5 business enterprises, including expenses of grants, con-
6 tracts, and other agreements with public or private organi-
7 zations, $52,000,000, of which not more than
8 $16,000,000 shall be available for overhead expenses, in-
9 cluding salaries and expenses, rent, utilities, and informa-
10 tion technology services.
11 ECONOMIC AND STATISTICAL ANALYSIS
12 SALARIES AND EXPENSES
13 For necessary expenses, as authorized by law, of eco-
14 nomic and statistical analysis programs of the Department
15 of Commerce, $111,855,000 (increased by $1,000,000), to
16 remain available until September 30, 2022.
17 BUREAU OF THE CENSUS
18 CURRENT SURVEYS AND PROGRAMS
19 For necessary expenses for collecting, compiling, ana-
20 lyzing, preparing, and publishing statistics, provided for
21 by law, $288,403,000: Provided, That, from amounts pro-
22 vided herein, funds may be used for promotion, outreach,
23 and marketing activities.
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1 PERIODIC CENSUSES AND PROGRAMS
2 (INCLUDING TRANSFER OF FUNDS)
3 For necessary expenses for collecting, compiling, ana-
4 lyzing, preparing, and publishing statistics for periodic
5 censuses and programs provided for by law,
6 $1,392,709,000, to remain available until September 30,
7 2023: Provided, That, from amounts provided herein,
8 funds may be used for promotion, outreach, and mar-
9 keting activities: Provided further, That within the
10 amounts appropriated, $3,556,000 shall be transferred to
11 the ‘‘Office of Inspector General’’ account for activities as-
12 sociated with carrying out investigations and audits re-
13 lated to the Bureau of the Census.
14 NATIONAL TELECOMMUNICATIONS AND INFORMATION
15 ADMINISTRATION
16 SALARIES AND EXPENSES
17 For necessary expenses, as provided for by law, of
18 the National Telecommunications and Information Ad-
19 ministration (NTIA), $45,500,000, to remain available
20 until September 30, 2022: Provided, That, notwith-
21 standing 31 U.S.C. 1535(d), the Secretary of Commerce
22 shall charge Federal agencies for costs incurred in spec-
23 trum management, analysis, operations, and related serv-
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24 ices, and such fees shall be retained and used as offsetting
25 collections for costs of such spectrum services, to remain
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1 available until expended: Provided further, That the Sec-
2 retary of Commerce is authorized to retain and use as off-
3 setting collections all funds transferred, or previously
4 transferred, from other Government agencies for all costs
5 incurred in telecommunications research, engineering, and
6 related activities by the Institute for Telecommunication
7 Sciences of NTIA, in furtherance of its assigned functions
8 under this paragraph, and such funds received from other
9 Government agencies shall remain available until ex-
10 pended.
11 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING
12 AND CONSTRUCTION
13 For the administration of prior-year grants, recov-
14 eries and unobligated balances of funds previously appro-
15 priated are available for the administration of all open
16 grants until their expiration.
17 UNITED STATES PATENT AND TRADEMARK OFFICE
18 SALARIES AND EXPENSES
19 (INCLUDING TRANSFERS OF FUNDS)
20 For necessary expenses of the United States Patent
21 and Trademark Office (USPTO) provided for by law, in-
22 cluding defense of suits instituted against the Under Sec-
23 retary of Commerce for Intellectual Property and Director
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24 of the USPTO, $3,695,295,000, to remain available until
25 expended: Provided, That the sum herein appropriated
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186
1 from the general fund shall be reduced as offsetting collec-
2 tions of fees and surcharges assessed and collected by the
3 USPTO under any law are received during fiscal year
4 2021, so as to result in a fiscal year 2021 appropriation
5 from the general fund estimated at $0: Provided further,
6 That during fiscal year 2021, should the total amount of
7 such offsetting collections be less than $3,695,295,000,
8 this amount shall be reduced accordingly: Provided fur-
9 ther, That any amount received in excess of
10 $3,695,295,000 in fiscal year 2021 and deposited in the
11 Patent and Trademark Fee Reserve Fund shall remain
12 available until expended: Provided further, That the Direc-
13 tor of USPTO shall submit a spending plan to the Com-
14 mittees on Appropriations of the House of Representatives
15 and the Senate for any amounts made available by the
16 preceding proviso and such spending plan shall be treated
17 as a reprogramming under section 505 of this Act and
18 shall not be available for obligation or expenditure except
19 in compliance with the procedures set forth in that section:
20 Provided further, That any amounts reprogrammed in ac-
21 cordance with the preceding proviso shall be transferred
22 to the United States Patent and Trademark Office ‘‘Sala-
23 ries and Expenses’’ account: Provided further, That from
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24 amounts provided herein, not to exceed $900 shall be
25 made available in fiscal year 2021 for official reception
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1 and representation expenses: Provided further, That in fis-
2 cal year 2021 from the amounts made available for ‘‘Sala-
3 ries and Expenses’’ for the USPTO, the amounts nec-
4 essary to pay (1) the difference between the percentage
5 of basic pay contributed by the USPTO and employees
6 under section 8334(a) of title 5, United States Code, and
7 the normal cost percentage (as defined by section
8 8331(17) of that title) as provided by the Office of Per-
9 sonnel Management (OPM) for USPTO’s specific use, of
10 basic pay, of employees subject to subchapter III of chap-
11 ter 83 of that title, and (2) the present value of the other-
12 wise unfunded accruing costs, as determined by OPM for
13 USPTO’s specific use of post-retirement life insurance
14 and post-retirement health benefits coverage for all
15 USPTO employees who are enrolled in Federal Employees
16 Health Benefits (FEHB) and Federal Employees Group
17 Life Insurance (FEGLI), shall be transferred to the Civil
18 Service Retirement and Disability Fund, the FEGLI
19 Fund, and the Employees FEHB Fund, as appropriate,
20 and shall be available for the authorized purposes of those
21 accounts: Provided further, That any differences between
22 the present value factors published in OPM’s yearly 300
23 series benefit letters and the factors that OPM provides
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24 for USPTO’s specific use shall be recognized as an im-
25 puted cost on USPTO’s financial statements, where appli-
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1 cable: Provided further, That, notwithstanding any other
2 provision of law, all fees and surcharges assessed and col-
3 lected by USPTO are available for USPTO only pursuant
4 to section 42(c) of title 35, United States Code, as amend-
5 ed by section 22 of the Leahy-Smith America Invents Act
6 (Public Law 112–29): Provided further, That within the
7 amounts appropriated, $2,000,000 shall be transferred to
8 the ‘‘Office of Inspector General’’ account for activities as-
9 sociated with carrying out investigations and audits re-
10 lated to the USPTO.
11 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
12 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
13 (INCLUDING TRANSFER OF FUNDS)
14 For necessary expenses of the National Institute of
15 Standards and Technology (NIST), $789,000,000 (in-
16 creased by $5,000,000), to remain available until ex-
17 pended, of which not to exceed $9,000,000 may be trans-
18 ferred to the ‘‘Working Capital Fund’’: Provided, That not
19 to exceed $5,000 shall be for official reception and rep-
20 resentation expenses: Provided further, That NIST may
21 provide local transportation for summer undergraduate re-
22 search fellowship program participants.
23 INDUSTRIAL TECHNOLOGY SERVICES
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24 For necessary expenses for industrial technology
25 services, $170,000,000, to remain available until ex-
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1 pended, of which $153,000,000 (increased by $1,000,000)
2 (reduced by $1,000,000) shall be for the Hollings Manu-
3 facturing Extension Partnership, and of which
4 $17,000,000 shall be for the National Network for Manu-
5 facturing Innovation (also known as ‘‘Manufacturing
6 USA’’).
7 CONSTRUCTION OF RESEARCH FACILITIES
8 For construction of new research facilities, including
9 architectural and engineering design, and for renovation
10 and maintenance of existing facilities, not otherwise pro-
11 vided for the National Institute of Standards and Tech-
12 nology, as authorized by sections 13 through 15 of the
13 National Institute of Standards and Technology Act (15
14 U.S.C. 278c–278e), $85,000,000, to remain available until
15 expended: Provided, That the Secretary of Commerce shall
16 include in the budget justification materials that the Sec-
17 retary submits to Congress in support of the Department
18 of Commerce budget (as submitted with the budget of the
19 President under section 1105(a) of title 31, United States
20 Code) an estimate for each National Institute of Stand-
21 ards and Technology construction project having a total
22 multi-year program cost of more than $5,000,000, and si-
23 multaneously the budget justification materials shall in-
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24 clude an estimate of the budgetary requirements for each
25 such project for each of the 5 subsequent fiscal years.
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1 NATIONAL OCEANIC AND ATMOSPHERIC
2 ADMINISTRATION
3 OPERATIONS, RESEARCH, AND FACILITIES
4 (INCLUDING TRANSFER OF FUNDS)
5 For necessary expenses of activities authorized by law
6 for the National Oceanic and Atmospheric Administration,
7 including maintenance, operation, and hire of aircraft and
8 vessels; pilot programs for state-led fisheries management,
9 notwithstanding any other provision of law; grants, con-
10 tracts, or other payments to nonprofit organizations for
11 the purposes of conducting activities pursuant to coopera-
12 tive agreements; and relocation of facilities,
13 $3,871,659,000 (increased by $1,500,000) (increased by
14 $2,000,000) (reduced by $2,000,000), to remain available
15 until September 30, 2022: Provided, That fees and dona-
16 tions received by the National Ocean Service for the man-
17 agement of national marine sanctuaries may be retained
18 and used for the salaries and expenses associated with
19 those activities, notwithstanding section 3302 of title 31,
20 United States Code: Provided further, That in addition,
21 $253,171,000 shall be derived by transfer from the fund
22 entitled ‘‘Promote and Develop Fishery Products and Re-
23 search Pertaining to American Fisheries’’, which shall
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24 only be used for the Fishery Science and Management pro-
25 gram activities: Provided further, That not to exceed
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1 $66,389,000 shall be for payment to the Department of
2 Commerce Working Capital Fund: Provided further, That
3 of the $4,142,330,000 provided for in direct obligations
4 under this heading, $3,871,659,000 is appropriated from
5 the general fund, $253,171,000 is provided by transfer,
6 and $17,500,000 is derived from recoveries of prior year
7 obligations: Provided further, That any deviation from the
8 amounts designated for specific activities in the report ac-
9 companying this Act or any use of deobligated balances
10 of funds provided under this heading in previous years,
11 shall be subject to the procedures set forth in section 505
12 of this Act: Provided further, That, in addition, for nec-
13 essary retired pay expenses under the Retired Service-
14 man’s Family Protection and Survivor Benefits Plan, and
15 for payments for the medical care of retired personnel and
16 their dependents under the Dependents’ Medical Care Act
17 (10 U.S.C. ch. 55), such sums as may be necessary.
18 PROCUREMENT, ACQUISITION AND CONSTRUCTION
19 (INCLUDING TRANSFER OF FUNDS)
20 For procurement, acquisition and construction of
21 capital assets, including alteration and modification costs,
22 of the National Oceanic and Atmospheric Administration,
23 $1,524,360,000 (increased by $2,300,000) (reduced by
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24 $2,300,000), to remain available until September 30,
25 2023, except that funds provided for acquisition and con-
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1 struction of vessels and construction of facilities shall re-
2 main available until expended: Provided, That of the
3 $1,537,360,000 provided for in direct obligations under
4 this heading, $1,524,360,000 is appropriated from the
5 general fund and $13,000,000 is provided from recoveries
6 of prior year obligations: Provided further, That any devi-
7 ation from the amounts designated for specific activities
8 in the report accompanying this Act or any use of
9 deobligated balances of funds provided under this heading
10 in previous years, shall be subject to the procedures set
11 forth in section 505 of this Act: Provided further, That
12 the Secretary of Commerce shall include in budget jus-
13 tification materials that the Secretary submits to Congress
14 in support of the Department of Commerce budget (as
15 submitted with the budget of the President under section
16 1105(a) of title 31, United States Code) an estimate for
17 each National Oceanic and Atmospheric Administration
18 procurement, acquisition or construction project having a
19 total of more than $5,000,000 and simultaneously the
20 budget justification shall include an estimate of the budg-
21 etary requirements for each such project for each of the
22 5 subsequent fiscal years: Provided further, That, within
23 the amounts appropriated, $1,302,000 shall be transferred
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24 to the ‘‘Office of Inspector General’’ account for activities
25 associated with carrying out investigations and audits re-
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1 lated to satellite procurement, acquisition and construc-
2 tion.
3 PACIFIC COASTAL SALMON RECOVERY
4 For necessary expenses associated with the restora-
5 tion of Pacific salmon populations, $65,000,000, to re-
6 main available until September 30, 2022: Provided, That,
7 of the funds provided herein, the Secretary of Commerce
8 may issue grants to the States of Washington, Oregon,
9 Idaho, Nevada, California, and Alaska, and to the feder-
10 ally recognized Tribes of the Columbia River and Pacific
11 Coast (including Alaska), for projects necessary for con-
12 servation of salmon and steelhead populations that are
13 listed as threatened or endangered, or that are identified
14 by a State as at-risk to be so listed, for maintaining popu-
15 lations necessary for exercise of Tribal treaty fishing
16 rights or native subsistence fishing, or for conservation of
17 Pacific coastal salmon and steelhead habitat, based on
18 guidelines to be developed by the Secretary of Commerce:
19 Provided further, That all funds shall be allocated based
20 on scientific and other merit principles and shall not be
21 available for marketing activities: Provided further, That
22 funds disbursed to States shall be subject to a matching
23 requirement of funds or documented in-kind contributions
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24 of at least 33 percent of the Federal funds.
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1 FISHERMEN’S CONTINGENCY FUND
2 For carrying out the provisions of title IV of Public
3 Law 95–372, not to exceed $349,000, to be derived from
4 receipts collected pursuant to that Act, to remain available
5 until expended.
6 FISHERY DISASTER ASSISTANCE
7 For salaries and expenses associated with the admin-
8 istration of fishery disaster assistance, $300,000, to re-
9 main available until September 30, 2022: Provided, That
10 funds shall be used for administering the fishery disaster
11 programs authorized by the Magnuson-Stevens Fishery
12 Conservation and Management Act and the Interjurisdic-
13 tional Fisheries Act of 1986.
14 FISHERIES FINANCE PROGRAM ACCOUNT
15 Subject to section 502 of the Congressional Budget
16 Act of 1974, during fiscal year 2021, obligations of direct
17 loans may not exceed $24,000,000 for Individual Fishing
18 Quota loans and not to exceed $100,000,000 for tradi-
19 tional direct loans as authorized by the Merchant Marine
20 Act of 1936.
21 DEPARTMENTAL MANAGEMENT
22 SALARIES AND EXPENSES
23 For necessary expenses for the management of the
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24 Department of Commerce provided for by law, including
25 not to exceed $4,500 for official reception and representa-
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1 tion, $73,080,000 (reduced by $1,000,000) (reduced by
2 $2,500,000) (reduced by $5,000,000): Provided, That no
3 employee of the Department of Commerce may be detailed
4 or assigned from a bureau or office funded by this Act
5 or any other Act to offices within the Office of the Sec-
6 retary of the Department of Commerce for more than 30
7 days in a fiscal year unless the individual’s employing bu-
8 reau or office is fully reimbursed for the salary and ex-
9 penses of the employee for the entire period of assignment
10 using funds provided under this heading.
11 RENOVATION AND MODERNIZATION
12 For necessary expenses for the renovation and mod-
13 ernization of the Herbert C. Hoover Building, $1,123,000.
14 NONRECURRING EXPENSES FUND
15 For necessary expenses for a business application
16 system modernization, $20,000,000, to remain available
17 until September 30, 2023.
18 OFFICE OF INSPECTOR GENERAL
19 For necessary expenses of the Office of Inspector
20 General in carrying out the provisions of the Inspector
21 General Act of 1978 (5 U.S.C. App.), $35,520,000: Pro-
22 vided, That notwithstanding section 6413 of the Middle
23 Class Tax Relief and Job Creation Act of 2012 (Public
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24 Law 112–96), an additional $2,000,000, to remain avail-
25 able until expended, shall be derived from the Public Safe-
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1 ty Trust Fund for activities associated with carrying out
2 investigations and audits related to the First Responder
3 Network Authority (FirstNet).
4 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
5 (INCLUDING TRANSFER OF FUNDS)
6 SEC. 101. During the current fiscal year, applicable
7 appropriations and funds made available to the Depart-
8 ment of Commerce by this Act shall be available for the
9 activities specified in the Act of October 26, 1949 (15
10 U.S.C. 1514), to the extent and in the manner prescribed
11 by the Act, and, notwithstanding 31 U.S.C. 3324, may
12 be used for advanced payments not otherwise authorized
13 only upon the certification of officials designated by the
14 Secretary of Commerce that such payments are in the
15 public interest.
16 SEC. 102. During the current fiscal year, appropria-
17 tions made available to the Department of Commerce by
18 this Act for salaries and expenses shall be available for
19 hire of passenger motor vehicles as authorized by 31
20 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C.
21 3109; and uniforms or allowances therefor, as authorized
22 by law (5 U.S.C. 5901–5902).
23 SEC. 103. Not to exceed 5 percent of any appropria-
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24 tion made available for the current fiscal year for the De-
25 partment of Commerce in this Act may be transferred be-
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1 tween such appropriations, but no such appropriation shall
2 be increased by more than 10 percent by any such trans-
3 fers: Provided, That any transfer pursuant to this section
4 shall be treated as a reprogramming of funds under sec-
5 tion 505 of this Act and shall not be available for obliga-
6 tion or expenditure except in compliance with the proce-
7 dures set forth in that section: Provided further, That the
8 Secretary of Commerce shall notify the Committees on Ap-
9 propriations at least 15 days in advance of the acquisition
10 or disposal of any capital asset (including land, structures,
11 and equipment) not specifically provided for in this Act
12 or any other law appropriating funds for the Department
13 of Commerce.
14 SEC. 104. The requirements set forth by section 105
15 of the Commerce, Justice, Science, and Related Agencies
16 Appropriations Act, 2012 (Public Law 112–55), as
17 amended by section 105 of title I of division B of Public
18 Law 113–6, are hereby adopted by reference and made
19 applicable with respect to fiscal year 2021: Provided, That
20 the life cycle cost for the Joint Polar Satellite System is
21 $11,322,125,000 and the life cycle cost for the Geo-
22 stationary Operational Environmental Satellite R-Series
23 Program is $10,828,059,000.
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24 SEC. 105. Notwithstanding any other provision of
25 law, the Secretary may furnish services (including but not
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1 limited to utilities, telecommunications, and security serv-
2 ices) necessary to support the operation, maintenance, and
3 improvement of space that persons, firms, or organizations
4 are authorized, pursuant to the Public Buildings Coopera-
5 tive Use Act of 1976 or other authority, to use or occupy
6 in the Herbert C. Hoover Building, Washington, DC, or
7 other buildings, the maintenance, operation, and protec-
8 tion of which has been delegated to the Secretary from
9 the Administrator of General Services pursuant to the
10 Federal Property and Administrative Services Act of 1949
11 on a reimbursable or non-reimbursable basis. Amounts re-
12 ceived as reimbursement for services provided under this
13 section or the authority under which the use or occupancy
14 of the space is authorized, up to $200,000, shall be cred-
15 ited to the appropriation or fund which initially bears the
16 costs of such services.
17 SEC. 106. Nothing in this title shall be construed to
18 prevent a grant recipient from deterring child pornog-
19 raphy, copyright infringement, or any other unlawful ac-
20 tivity over its networks.
21 SEC. 107. The Administrator of the National Oceanic
22 and Atmospheric Administration is authorized to use, with
23 their consent, with reimbursement and subject to the lim-
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24 its of available appropriations, the land, services, equip-
25 ment, personnel, and facilities of any department, agency,
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1 or instrumentality of the United States, or of any State,
2 local government, Indian Tribal Government, Territory, or
3 possession, or of any political subdivision thereof, or of
4 any foreign government or international organization, for
5 purposes related to carrying out the responsibilities of any
6 statute administered by the National Oceanic and Atmos-
7 pheric Administration.
8 SEC. 108. The National Technical Information Serv-
9 ice shall not charge any customer for a copy of any report
10 or document generated by the Legislative Branch unless
11 the Service has provided information to the customer on
12 how an electronic copy of such report or document may
13 be accessed and downloaded for free online. Should a cus-
14 tomer still require the Service to provide a printed or dig-
15 ital copy of the report or document, the charge shall be
16 limited to recovering the Service’s cost of processing, re-
17 producing, and delivering such report or document.
18 SEC. 109. To carry out the responsibilities of the Na-
19 tional Oceanic and Atmospheric Administration (NOAA),
20 the Administrator of NOAA is authorized to: (1) enter
21 into grants and cooperative agreements with; (2) use on
22 a non-reimbursable basis land, services, equipment, per-
23 sonnel, and facilities provided by; and (3) receive and ex-
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24 pend funds made available on a consensual basis from: a
25 Federal agency, State or subdivision thereof, local govern-
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1 ment, Tribal Government, territory, or possession or any
2 subdivisions thereof: Provided, That funds received for
3 permitting and related regulatory activities pursuant to
4 this section shall be deposited under the heading ‘‘Na-
5 tional Oceanic and Atmospheric Administration—Oper-
6 ations, Research, and Facilities’’ and shall remain avail-
7 able until September 30, 2023, for such purposes: Pro-
8 vided further, That all funds within this section and their
9 corresponding uses are subject to section 505 of this Act.
10 SEC. 110. Amounts provided by this Act or by any
11 prior appropriations Act that remain available for obliga-
12 tion, for necessary expenses of the programs of the Eco-
13 nomics and Statistics Administration of the Department
14 of Commerce, including amounts provided for programs
15 of the Bureau of Economic Analysis and the Bureau of
16 the Census, shall be available for expenses of cooperative
17 agreements with appropriate entities, including any Fed-
18 eral, State, or local governmental unit, or institution of
19 higher education, to aid and promote statistical, research,
20 and methodology activities which further the purposes for
21 which such amounts have been made available.
22 This title may be cited as the ‘‘Department of Justice
23 Appropriations Act, 2021’’.
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1 TITLE II
2 DEPARTMENT OF JUSTICE
3 GENERAL ADMINISTRATION
4 SALARIES AND EXPENSES
5 For expenses necessary for the administration of the
6 Department of Justice, $120,041,000 (reduced by
7 $2,000,000) (reduced by $500,000) (reduced by
8 $4,000,000) (increased by $4,000,000) (reduced by
9 $1,000,000) (reduced by $1,000,000) (reduced by
10 $1,000,000) (reduced by $1,000,000) (reduced by
11 $2,000,000) (reduced by $1,500,000) (reduced by
12 $1,000,000) (reduced by $1,000,000) (reduced by
13 $1,000,000) (reduced by $1,000,000) (reduced by
14 $1,000,000) (reduced by $1,500,000), of which not to ex-
15 ceed $4,000,000 for security and construction of Depart-
16 ment of Justice facilities shall remain available until ex-
17 pended, and of which $5,000,000 is available only for the
18 purposes of carrying out provisions related to a Task
19 Force on Law Enforcement Oversight established pursu-
20 ant to section 220 of this Act.
21 JUSTICE INFORMATION SHARING TECHNOLOGY
22 (INCLUDING TRANSFER OF FUNDS)
23 For necessary expenses for information sharing tech-
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24 nology, including planning, development, deployment and
25 departmental direction, $33,875,000, to remain available
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1 until expended: Provided, That the Attorney General may
2 transfer up to $40,000,000 to this account, from funds
3 available to the Department of Justice for information
4 technology, to remain available until expended, for enter-
5 prise-wide information technology initiatives: Provided fur-
6 ther, That the transfer authority in the preceding proviso
7 is in addition to any other transfer authority contained
8 in this Act: Provided further, That any transfer pursuant
9 to the first proviso shall be treated as a reprogramming
10 under section 505 of this Act and shall not be available
11 for obligation or expenditure except in compliance with the
12 procedures set forth in that section.
13 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
14 (INCLUDING TRANSFER OF FUNDS)
15 For expenses necessary for the administration of im-
16 migration related activities of the Executive Office for Im-
17 migration Review, $734,000,000, of which $4,000,000
18 shall be derived by transfer from the Executive Office for
19 Immigration Review fees deposited in the ‘‘Immigration
20 Examinations Fee’’ account, and of which not less than
21 $25,000,000 shall be available for services and activities
22 provided by the Legal Orientation Program: Provided,
23 That not to exceed $35,000,000 of the total amount made
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24 available under this heading shall remain available until
25 September 30, 2022.
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1 OFFICE OF INSPECTOR GENERAL
2 For necessary expenses of the Office of Inspector
3 General, $113,985,000, including not to exceed $10,000
4 to meet unforeseen emergencies of a confidential char-
5 acter: Provided, That not to exceed $2,000,000 shall re-
6 main available until September 30, 2022.
7 UNITED STATES PAROLE COMMISSION
8 SALARIES AND EXPENSES
9 For necessary expenses of the United States Parole
10 Commission as authorized, $13,539,000: Provided, That,
11 notwithstanding any other provision of law, upon the expi-
12 ration of a term of office of a Commissioner, the Commis-
13 sioner may continue to act until a successor has been ap-
14 pointed.
15 LEGAL ACTIVITIES
16 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
17 (INCLUDING TRANSFER OF FUNDS)
18 For expenses necessary for the legal activities of the
19 Department of Justice, not otherwise provided for, includ-
20 ing not to exceed $20,000 for expenses of collecting evi-
21 dence, to be expended under the direction of, and to be
22 accounted for solely under the certificate of, the Attorney
23 General; the administration of pardon and clemency peti-
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24 tions; and rent of private or Government-owned space in
25 the District of Columbia, $969,211,000 (increased by
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1 $1,000,000) (reduced by $1,000,000), of which not to ex-
2 ceed $20,000,000 for litigation support contracts shall re-
3 main available until expended: Provided, That of the
4 amount provided for INTERPOL Washington dues pay-
5 ments, not to exceed $685,000 shall remain available until
6 expended: Provided further, That of the total amount ap-
7 propriated, not to exceed $9,000 shall be available to
8 INTERPOL Washington for official reception and rep-
9 resentation expenses: Provided further, That of the total
10 amount appropriated, not to exceed $9,000 shall be avail-
11 able to the Criminal Division for official reception and rep-
12 resentation expenses: Provided further, That $10,000,000
13 shall be for the Civil Rights Division for additional ex-
14 penses relating to the enforcement of section 210401 of
15 the Violent Crime Control and Law Enforcement Act of
16 1994 (34 U.S.C. 12601), criminal enforcement under sec-
17 tions 241 and 242 of title 18, United States Code, and
18 administrative enforcement by the Department of Justice,
19 including compliance with consent decrees or judgments
20 entered into under such section 210401: Provided further,
21 That upon a determination by the Attorney General that
22 emergent circumstances require additional funding for liti-
23 gation activities of the Civil Division, the Attorney General
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24 may transfer such amounts to ‘‘Salaries and Expenses,
25 General Legal Activities’’ from available appropriations
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1 for the current fiscal year for the Department of Justice,
2 as may be necessary to respond to such circumstances:
3 Provided further, That any transfer pursuant to the pre-
4 ceding proviso shall be treated as a reprogramming under
5 section 505 of this Act and shall not be available for obli-
6 gation or expenditure except in compliance with the proce-
7 dures set forth in that section: Provided further, That of
8 the amount appropriated, such sums as may be necessary
9 shall be available to the Civil Rights Division for salaries
10 and expenses associated with the election monitoring pro-
11 gram under section 8 of the Voting Rights Act of 1965
12 (52 U.S.C. 10305) and to reimburse the Office of Per-
13 sonnel Management for such salaries and expenses: Pro-
14 vided further, That of the amounts provided under this
15 heading for the election monitoring program, $3,390,000
16 shall remain available until expended: Provided further,
17 That of the amount appropriated, not less than
18 $198,744,000 shall be available for the Criminal Division,
19 including related expenses for the Mutual Legal Assist-
20 ance Treaty Program.
21 In addition, for reimbursement of expenses of the De-
22 partment of Justice associated with processing cases
23 under the National Childhood Vaccine Injury Act of 1986,
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24 not to exceed $19,000,000, to be appropriated from the
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1 Vaccine Injury Compensation Trust Fund and to remain
2 available until expended.
3 SALARIES AND EXPENSES, ANTITRUST DIVISION
4 For expenses necessary for the enforcement of anti-
5 trust and kindred laws, $180,274,000, to remain available
6 until expended, of which not to exceed $2,000 shall be
7 made available for official reception and representation ex-
8 penses: Provided, That notwithstanding any other provi-
9 sion of law, fees collected for premerger notification filings
10 under the Hart-Scott-Rodino Antitrust Improvements Act
11 of 1976 (15 U.S.C. 18a), regardless of the year of collec-
12 tion (and estimated to be $150,000,000 in fiscal year
13 2021), shall be retained and used for necessary expenses
14 in this appropriation, and shall remain available until ex-
15 pended: Provided further, That the sum herein appro-
16 priated from the general fund shall be reduced as such
17 offsetting collections are received during fiscal year 2021,
18 so as to result in a final fiscal year 2021 appropriation
19 from the general fund estimated at $30,274,000.
20 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
21 For necessary expenses of the Offices of the United
22 States Attorneys, including inter-governmental and coop-
23 erative agreements, $2,347,177,000: Provided, That of the
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24 total amount appropriated, not to exceed $7,200 shall be
25 available for official reception and representation ex-
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1 penses: Provided further, That $10,000,000 shall be for
2 additional expenses relating to the enforcement of section
3 210401 of the Violent Crime Control and Law Enforce-
4 ment Act of 1994 (34 U.S.C. 12601), criminal enforce-
5 ment under sections 241 and 242 of title 18, United
6 States Code, and administrative enforcement by the De-
7 partment of Justice, including compliance with consent de-
8 crees or judgments entered into under such section
9 210401: Provided further, That not to exceed $25,000,000
10 shall remain available until expended: Provided further,
11 That each United States Attorney shall establish or par-
12 ticipate in a task force on human trafficking.
13 UNITED STATES TRUSTEE SYSTEM FUND
14 For necessary expenses of the United States Trustee
15 Program, as authorized, $232,361,000, to remain avail-
16 able until expended: Provided, That, notwithstanding any
17 other provision of law, deposits to the United States
18 Trustee System Fund and amounts herein appropriated
19 shall be available in such amounts as may be necessary
20 to pay refunds due depositors: Provided further, That, not-
21 withstanding any other provision of law, fees deposited
22 into the Fund pursuant to section 589a(b) of title 28,
23 United States Code (as limited by section 1004(b) of the
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24 Bankruptcy Judgeship Act of 2017 (division B of Public
25 Law 115–72)), shall be retained and used for necessary
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1 expenses in this appropriation and shall remain available
2 until expended: Provided further, That to the extent that
3 fees deposited into the Fund in fiscal year 2021, net of
4 amounts necessary to pay refunds due depositors, exceed
5 $232,361,000, those excess amounts shall be available in
6 future fiscal years only to the extent provided in advance
7 in appropriations Acts: Provided further, That the sum
8 herein appropriated from the general fund shall be re-
9 duced (1) as such fees are received during fiscal year
10 2021, net of amounts necessary to pay refunds due deposi-
11 tors, (estimated at $318,000,000) and (2) to the extent
12 that any remaining general fund appropriations can be de-
13 rived from amounts deposited in the Fund in previous fis-
14 cal years that are not otherwise appropriated, so as to re-
15 sult in a final fiscal year 2021 appropriation from the gen-
16 eral fund estimated at $0.
17 SALARIES AND EXPENSES, FOREIGN CLAIMS
18 SETTLEMENT COMMISSION
19 For expenses necessary to carry out the activities of
20 the Foreign Claims Settlement Commission, including
21 services as authorized by section 3109 of title 5, United
22 States Code, $2,366,000.
23 FEES AND EXPENSES OF WITNESSES
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24 For fees and expenses of witnesses, for expenses of
25 contracts for the procurement and supervision of expert
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1 witnesses, for private counsel expenses, including ad-
2 vances, and for expenses of foreign counsel, $270,000,000,
3 to remain available until expended, of which not to exceed
4 $16,000,000 is for construction of buildings for protected
5 witness safesites; not to exceed $3,000,000 is for the pur-
6 chase and maintenance of armored and other vehicles for
7 witness security caravans; and not to exceed $25,000,000
8 is for the purchase, installation, maintenance, and up-
9 grade of secure telecommunications equipment and a se-
10 cure automated information network to store and retrieve
11 the identities and locations of protected witnesses.
12 SALARIES AND EXPENSES, COMMUNITY RELATIONS
13 SERVICE
14 (INCLUDING TRANSFER OF FUNDS)
15 For necessary expenses of the Community Relations
16 Service, $20,300,000 (increased by $2,700,000): Provided,
17 That upon a determination by the Attorney General that
18 emergent circumstances require additional funding for
19 conflict resolution and violence prevention activities of the
20 Community Relations Service, the Attorney General may
21 transfer such amounts to the Community Relations Serv-
22 ice, from available appropriations for the current fiscal
23 year for the Department of Justice, as may be necessary
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24 to respond to such circumstances: Provided further, That
25 any transfer pursuant to the preceding proviso shall be
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1 treated as a reprogramming under section 505 of this Act
2 and shall not be available for obligation or expenditure ex-
3 cept in compliance with the procedures set forth in that
4 section.
5 ASSETS FORFEITURE FUND
6 For expenses authorized by subparagraphs (B), (F),
7 and (G) of section 524(c)(1) of title 28, United States
8 Code, $20,514,000, to be derived from the Department
9 of Justice Assets Forfeiture Fund.
10 UNITED STATES MARSHALS SERVICE
11 SALARIES AND EXPENSES
12 For necessary expenses of the United States Mar-
13 shals Service, $1,484,184,000, of which not to exceed
14 $6,000 shall be available for official reception and rep-
15 resentation expenses, and not to exceed $25,000,000 shall
16 remain available until expended.
17 CONSTRUCTION
18 For construction in space controlled, occupied or uti-
19 lized by the United States Marshals Service for prisoner
20 holding and related support, $15,000,000, to remain avail-
21 able until expended.
22 FEDERAL PRISONER DETENTION
23 For necessary expenses related to United States pris-
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24 oners in the custody of the United States Marshals Service
25 as authorized by section 4013 of title 18, United States
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1 Code, $1,867,461,000 (reduced by $2,700,000) (reduced
2 by $4,000,000), to remain available until expended: Pro-
3 vided, That not to exceed $20,000,000 shall be considered
4 ‘‘funds appropriated for State and local law enforcement
5 assistance’’ pursuant to section 4013(b) of title 18, United
6 States Code: Provided further, That the United States
7 Marshals Service shall be responsible for managing the
8 Justice Prisoner and Alien Transportation System.
9 NATIONAL SECURITY DIVISION
10 SALARIES AND EXPENSES
11 (INCLUDING TRANSFER OF FUNDS)
12 For expenses necessary to carry out the activities of
13 the National Security Division, $114,837,000 (reduced by
14 $1,000,000) (increased by $1,000,000), of which not to
15 exceed $5,000,000 for information technology systems
16 shall remain available until expended: Provided, That upon
17 a determination by the Attorney General that emergent
18 circumstances require additional funding for the activities
19 of the National Security Division, the Attorney General
20 may transfer such amounts to this heading from available
21 appropriations for the current fiscal year for the Depart-
22 ment of Justice, as may be necessary to respond to such
23 circumstances: Provided further, That any transfer pursu-
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24 ant to the preceding proviso shall be treated as a re-
25 programming under section 505 of this Act and shall not
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1 be available for obligation or expenditure except in compli-
2 ance with the procedures set forth in that section.
3 INTERAGENCY LAW ENFORCEMENT
4 INTERAGENCY CRIME AND DRUG ENFORCEMENT
5 For necessary expenses for the identification, inves-
6 tigation, and prosecution of individuals associated with the
7 most significant drug trafficking organizations,
8 transnational organized crime, and money laundering or-
9 ganizations not otherwise provided for, to include inter-
10 governmental agreements with State and local law en-
11 forcement agencies engaged in the investigation and pros-
12 ecution of individuals involved in transnational organized
13 crime and drug trafficking, $565,000,000, of which
14 $50,000,000 shall remain available until expended: Pro-
15 vided, That any amounts obligated from appropriations
16 under this heading may be used under authorities avail-
17 able to the organizations reimbursed from this appropria-
18 tion.
19 FEDERAL BUREAU OF INVESTIGATION
20 SALARIES AND EXPENSES
21 For necessary expenses of the Federal Bureau of In-
22 vestigation for detection, investigation, and prosecution of
23 crimes against the United States, $9,703,348,000 (re-
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24 duced by $1,000,000) (increased by $1,000,000) (reduced
25 by $10,000,000) (increased by $10,000,000), of which not
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1 to exceed $216,900,000 shall remain available until ex-
2 pended: Provided, That $5,000,000 shall be for the Cor-
3 ruption/Civil Rights Section for additional expenses relat-
4 ing to the enforcement of section 210401 of the Violent
5 Crime Control and Law Enforcement Act of 1994 (34
6 U.S.C. 12601), criminal enforcement under sections 241
7 and 242 of title 18, United States Code, and administra-
8 tive enforcement by the Department of Justice, including
9 compliance with consent decrees or judgments entered into
10 under such section 210401: Provided further, That not to
11 exceed $284,000 shall be available for official reception
12 and representation expenses.
13 CONSTRUCTION
14 For necessary expenses, to include the cost of equip-
15 ment, furniture, and information technology requirements,
16 related to construction or acquisition of buildings, facili-
17 ties, and sites by purchase, or as otherwise authorized by
18 law; conversion, modification, and extension of federally
19 owned buildings; preliminary planning and design of
20 projects; and operation and maintenance of secure work
21 environment facilities and secure networking capabilities;
22 $51,895,000, to remain available until expended.
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1 DRUG ENFORCEMENT ADMINISTRATION
2 SALARIES AND EXPENSES
3 For necessary expenses of the Drug Enforcement Ad-
4 ministration, including not to exceed $70,000 to meet un-
5 foreseen emergencies of a confidential character pursuant
6 to section 530C of title 28, United States Code; and ex-
7 penses for conducting drug education and training pro-
8 grams, including travel and related expenses for partici-
9 pants in such programs and the distribution of items of
10 token value that promote the goals of such programs,
11 $2,331,370,000, of which not to exceed $75,000,000 shall
12 remain available until expended and not to exceed $90,000
13 shall be available for official reception and representation
14 expenses: Provided, That, notwithstanding section 3672 of
15 Public Law 106–310, up to $10,000,000 may be used to
16 reimburse States, units of local government, Indian Tribal
17 Governments, other public entities, and multijurisdictional
18 or regional consortia thereof for expenses incurred to clean
19 up and safely dispose of substances associated with clan-
20 destine methamphetamine laboratories, conversion and ex-
21 traction operations, tableting operations, or laboratories
22 and processing operations for fentanyl and fentanyl-re-
23 lated substances which may present a danger to public
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24 health or the environment.
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1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
2 EXPLOSIVES
3 SALARIES AND EXPENSES
4 For necessary expenses of the Bureau of Alcohol, To-
5 bacco, Firearms and Explosives, for training of State and
6 local law enforcement agencies with or without reimburse-
7 ment, including training in connection with the training
8 and acquisition of canines for explosives and fire
9 accelerants detection; and for provision of laboratory as-
10 sistance to State and local law enforcement agencies, with
11 or without reimbursement, $1,550,000,000, of which not
12 to exceed $36,000 shall be for official reception and rep-
13 resentation expenses, not to exceed $1,000,000 shall be
14 available for the payment of attorneys’ fees as provided
15 by section 924(d)(2) of title 18, United States Code, and
16 not to exceed $25,000,000 shall remain available until ex-
17 pended: Provided, That none of the funds appropriated
18 herein shall be available to investigate or act upon applica-
19 tions for relief from Federal firearms disabilities under
20 section 925(c) of title 18, United States Code: Provided
21 further, That such funds shall be available to investigate
22 and act upon applications filed by corporations for relief
23 from Federal firearms disabilities under section 925(c) of
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24 title 18, United States Code: Provided further, That no
25 funds made available by this or any other Act may be used
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1 to transfer the functions, missions, or activities of the Bu-
2 reau of Alcohol, Tobacco, Firearms and Explosives to
3 other agencies or Departments.
4 CONSTRUCTION
5 For necessary expenses related to construction of lab-
6 oratory facilities, to include the cost of equipment, fur-
7 niture, and information technology requirements; con-
8 struction or acquisition of buildings, facilities, and sites
9 by purchase, or as otherwise authorized by law; conver-
10 sion, modification and extension of federally owned build-
11 ings; and preliminary planning and design of projects;
12 $5,000,000, to remain available until September 30, 2025.
13 FEDERAL PRISON SYSTEM
14 SALARIES AND EXPENSES
15 (INCLUDING TRANSFER OF FUNDS)
16 For necessary expenses of the Federal Prison System
17 for the administration, operation, and maintenance of
18 Federal penal and correctional institutions, and for the
19 provision of technical assistance and advice on corrections
20 related issues to foreign governments, $7,770,000,000 (in-
21 creased by $500,000) (increased by $2,000,000) (reduced
22 by $2,000,000) of which not less than $165,000,000 shall
23 be for the programs and activities authorized by the First
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24 Step Act of 2018 (Public Law 115–391): Provided, That
25 the Attorney General may transfer to the Department of
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1 Health and Human Services such amounts as may be nec-
2 essary for direct expenditures by that Department for
3 medical relief for inmates of Federal penal and correc-
4 tional institutions: Provided further, That the Director of
5 the Federal Prison System, where necessary, may enter
6 into contracts with a fiscal agent or fiscal intermediary
7 claims processor to determine the amounts payable to per-
8 sons who, on behalf of the Federal Prison System, furnish
9 health services to individuals committed to the custody of
10 the Federal Prison System: Provided further, That not to
11 exceed $5,400 shall be available for official reception and
12 representation expenses: Provided further, That not to ex-
13 ceed $50,000,000 shall remain available until expended for
14 necessary operations: Provided further, That, of the
15 amounts provided for contract confinement, not to exceed
16 $20,000,000 shall remain available until expended to
17 make payments in advance for grants, contracts and reim-
18 bursable agreements, and other expenses: Provided fur-
19 ther, That the Director of the Federal Prison System may
20 accept donated property and services relating to the oper-
21 ation of the prison card program from a not-for-profit en-
22 tity which has operated such program in the past, notwith-
23 standing the fact that such not-for-profit entity furnishes
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24 services under contracts to the Federal Prison System re-
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1 lating to the operation of pre-release services, halfway
2 houses, or other custodial facilities.
3 BUILDINGS AND FACILITIES
4 For planning, acquisition of sites, and construction
5 of new facilities; purchase and acquisition of facilities and
6 remodeling, and equipping of such facilities for penal and
7 correctional use, including all necessary expenses incident
8 thereto, by contract or force account; and constructing,
9 remodeling, and equipping necessary buildings and facili-
10 ties at existing penal and correctional institutions, includ-
11 ing all necessary expenses incident thereto, by contract or
12 force account, $110,000,000, to remain available until ex-
13 pended: Provided, That labor of United States prisoners
14 may be used for work performed under this appropriation.
15 FEDERAL PRISON INDUSTRIES, INCORPORATED
16 The Federal Prison Industries, Incorporated, is here-
17 by authorized to make such expenditures within the limits
18 of funds and borrowing authority available, and in accord
19 with the law, and to make such contracts and commit-
20 ments without regard to fiscal year limitations as provided
21 by section 9104 of title 31, United States Code, as may
22 be necessary in carrying out the program set forth in the
23 budget for the current fiscal year for such corporation.
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1 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL
2 PRISON INDUSTRIES, INCORPORATED
3 Not to exceed $2,700,000 of the funds of the Federal
4 Prison Industries, Incorporated, shall be available for its
5 administrative expenses, and for services as authorized by
6 section 3109 of title 5, United States Code, to be com-
7 puted on an accrual basis to be determined in accordance
8 with the corporation’s current prescribed accounting sys-
9 tem, and such amounts shall be exclusive of depreciation,
10 payment of claims, and expenditures which such account-
11 ing system requires to be capitalized or charged to cost
12 of commodities acquired or produced, including selling and
13 shipping expenses, and expenses in connection with acqui-
14 sition, construction, operation, maintenance, improvement,
15 protection, or disposition of facilities and other property
16 belonging to the corporation or in which it has an interest.
17 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
18 OFFICE ON VIOLENCE AGAINST WOMEN
19 VIOLENCE AGAINST WOMEN PREVENTION AND
20 PROSECUTION PROGRAMS
21 (INCLUDING TRANSFER OF FUNDS)
22 For grants, contracts, cooperative agreements, and
23 other assistance for the prevention and prosecution of vio-
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24 lence against women, as authorized by the Omnibus Crime
25 Control and Safe Streets Act of 1968 (34 U.S.C. 10101
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1 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and
2 Law Enforcement Act of 1994 (Public Law 103–322)
3 (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990
4 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu-
5 torial Remedies and Other Tools to end the Exploitation
6 of Children Today Act of 2003 (Public Law 108–21); the
7 Juvenile Justice and Delinquency Prevention Act of 1974
8 (34 U.S.C. 11101 et seq.) (‘‘the 1974 Act’’); the Victims
9 of Trafficking and Violence Protection Act of 2000 (Public
10 Law 106–386) (‘‘the 2000 Act’’); the Violence Against
11 Women and Department of Justice Reauthorization Act
12 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Vio-
13 lence Against Women Reauthorization Act of 2013 (Public
14 Law 113–4) (‘‘the 2013 Act’’); the Rape Survivor Child
15 Custody Act of 2015 (Public Law 114–22) (‘‘the 2015
16 Act’’); and the Abolish Human Trafficking Act (Public
17 Law 115–392); and for related victims services,
18 $525,000,000 (increased by $1,000,000) (increased by
19 $1,000,000) (increased by $2,500,000) (increased by
20 $2,500,000), to remain available until expended, of which
21 $435,000,000 shall be derived by transfer from amounts
22 available for obligation in this Act from the Fund estab-
23 lished by section 1402 of chapter XIV of title II of Public
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24 Law 98–473 (34 U.S.C. 20101), notwithstanding section
25 1402(d) of such Act of 1984, and merged with the
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1 amounts otherwise made available under this heading:
2 Provided, That except as otherwise provided by law, not
3 to exceed 5 percent of funds made available under this
4 heading may be used for expenses related to evaluation,
5 training, and technical assistance: Provided further, That
6 of the amount provided—
7 (1) $223,000,000 (reduced by $100,000) (in-
8 creased by $100,000) is for grants to combat vio-
9 lence against women, as authorized by part T of the
10 1968 Act;
11 (2) $39,000,000 (increased by $2,500,000) is
12 for transitional housing assistance grants for victims
13 of domestic violence, dating violence, stalking, or
14 sexual assault as authorized by section 40299 of the
15 1994 Act;
16 (3) $3,500,000 is for the National Institute of
17 Justice and the Bureau of Justice Statistics for re-
18 search, evaluation, and statistics of violence against
19 women and related issues addressed by grant pro-
20 grams of the Office on Violence Against Women,
21 which shall be transferred to ‘‘Research, Evaluation
22 and Statistics’’ for administration by the Office of
23 Justice Programs;
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24 (4) $12,000,000 (reduced by $2,000,000) (in-
25 creased by $2,000,000) is for a grant program to
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1 provide services to advocate for and respond to
2 youth victims of domestic violence, dating violence,
3 sexual assault, and stalking; assistance to children
4 and youth exposed to such violence; programs to en-
5 gage men and youth in preventing such violence; and
6 assistance to middle and high school students
7 through education and other services related to such
8 violence: Provided, That unobligated balances avail-
9 able for the programs authorized by sections 41201,
10 41204, 41303, and 41305 of the 1994 Act, prior to
11 its amendment by the 2013 Act, shall be available
12 for this program: Provided further, That 10 percent
13 of the total amount available for this grant program
14 shall be available for grants under the program au-
15 thorized by section 2015 of the 1968 Act: Provided
16 further, That the definitions and grant conditions in
17 section 40002 of the 1994 Act shall apply to this
18 program;
19 (5) $53,000,000 is for grants to encourage ar-
20 rest policies as authorized by part U of the 1968
21 Act, of which $4,000,000 is for a homicide reduction
22 initiative;
23 (6) $42,500,000 (increased by $2,500,000) is
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24 for sexual assault victims assistance, as authorized
25 by section 41601 of the 1994 Act;
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1 (7) $45,000,000 is for rural domestic violence
2 and child abuse enforcement assistance grants, as
3 authorized by section 40295 of the 1994 Act;
4 (8) $21,000,000 is for grants to reduce violent
5 crimes against women on campus, as authorized by
6 section 304 of the 2005 Act;
7 (9) $47,500,000 (increased by $500,000) is for
8 legal assistance for victims, as authorized by section
9 1201 of the 2000 Act;
10 (10) $6,000,000 (increased by $500,000) (in-
11 creased by $1,000,000) is for enhanced training and
12 services to end violence against and abuse of women
13 in later life, as authorized by section 40801 of the
14 1994 Act;
15 (11) $17,500,000 is for grants to support fami-
16 lies in the justice system, as authorized by section
17 1301 of the 2000 Act: Provided, That unobligated
18 balances available for the programs authorized by
19 section 1301 of the 2000 Act and section 41002 of
20 the 1994 Act, prior to their amendment by the 2013
21 Act, shall be available for this program;
22 (12) $6,000,000 is for education and training
23 to end violence against and abuse of women with
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24 disabilities, as authorized by section 1402 of the
25 2000 Act;
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1 (13) $1,000,000 is for the National Resource
2 Center on Workplace Responses to assist victims of
3 domestic violence, as authorized by section 41501 of
4 the 1994 Act;
5 (14) $1,000,000 is for analysis and research on
6 violence against Indian women, including as author-
7 ized by section 904 of the 2005 Act: Provided, That
8 such funds may be transferred to ‘‘Research, Eval-
9 uation and Statistics’’ for administration by the Of-
10 fice of Justice Programs;
11 (15) $500,000 is for a national clearinghouse
12 that provides training and technical assistance on
13 issues relating to sexual assault of American Indian
14 and Alaska Native women;
15 (16) $4,300,000 is for grants to assist Tribal
16 Governments in exercising special domestic violence
17 criminal jurisdiction, as authorized by section 904 of
18 the 2013 Act: Provided, That the grant conditions in
19 section 40002(b) of the 1994 Act shall apply to this
20 program; and
21 (17) $2,200,000 is for the purposes authorized
22 under the 2015 Act.
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1 OFFICE OF JUSTICE PROGRAMS
2 RESEARCH, EVALUATION AND STATISTICS
3 For grants, contracts, cooperative agreements, and
4 other assistance authorized by title I of the Omnibus
5 Crime Control and Safe Streets Act of 1968 (Public Law
6 90–351) (‘‘the 1968 Act’’); the Violent Crime Control and
7 Law Enforcement Act of 1994 (Public Law 103–322)
8 (‘‘the 1994 Act’’); the Juvenile Justice and Delinquency
9 Prevention Act of 1974 (Public Law 93–415) (‘‘the 1974
10 Act’’); the Prosecutorial Remedies and Other Tools to end
11 the Exploitation of Children Today Act of 2003 (Public
12 Law 108–21) (‘‘the PROTECT Act’’); the Justice for All
13 Act of 2004 (Public Law 108–405); the Violence Against
14 Women and Department of Justice Reauthorization Act
15 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Vic-
16 tims of Child Abuse Act of 1990 (Public Law 101–647);
17 the Second Chance Act of 2007 (Public Law 110–199);
18 the Victims of Crime Act of 1984 (Public Law 98–473);
19 the Adam Walsh Child Protection and Safety Act of 2006
20 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the
21 PROTECT Our Children Act of 2008 (Public Law 110–
22 401); subtitle C of title II of the Homeland Security Act
23 of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the
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24 Prison Rape Elimination Act of 2003 (Public Law 108–
25 79); the NICS Improvement Amendments Act of 2007
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1 (Public Law 110–180); the Violence Against Women Re-
2 authorization Act of 2013 (Public Law 113–4) (‘‘the 2013
3 Act’’); the Comprehensive Addiction and Recovery Act of
4 2016 (Public Law 114–198); the First Step Act of 2018
5 (Public Law 115–391); and other programs, $88,500,000,
6 to remain available until expended, of which—
7 (1) $45,000,000 is for criminal justice statistics
8 programs, and other activities, as authorized by part
9 C of title I of the 1968 Act; and
10 (2) $43,500,000 is for research, development,
11 and evaluation programs, and other activities as au-
12 thorized by part B of title I of the 1968 Act and
13 subtitle C of title II of the 2002 Act, and for activi-
14 ties authorized by or consistent with the First Step
15 Act of 2018, of which $6,000,000 is for research
16 targeted toward developing a better understanding
17 of the domestic radicalization phenomenon, and ad-
18 vancing evidence-based strategies for effective inter-
19 vention and prevention; $1,500,000 (increased by
20 $1,000,000) is for research to study the root causes
21 of school violence to include the impact and effec-
22 tiveness of grants made under the STOP School Vio-
23 lence Act; $1,500,000 is for a national study to un-
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24 derstand the responses of law enforcement to sex
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1 trafficking of minors; and $3,000,000 is for a na-
2 tional center on forensics.
3 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
4 (INCLUDING TRANSFER OF FUNDS)
5 For grants, contracts, cooperative agreements, and
6 other assistance authorized by the Violent Crime Control
7 and Law Enforcement Act of 1994 (Public Law 103–322)
8 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe
9 Streets Act of 1968 (Public Law 90–351) (‘‘the 1968
10 Act’’); the Justice for All Act of 2004 (Public Law 108–
11 405); the Victims of Child Abuse Act of 1990 (Public Law
12 101–647) (‘‘the 1990 Act’’); the Trafficking Victims Pro-
13 tection Reauthorization Act of 2005 (Public Law 109–
14 164); the Violence Against Women and Department of
15 Justice Reauthorization Act of 2005 (Public Law 109–
16 162) (‘‘the 2005 Act’’); the Adam Walsh Child Protection
17 and Safety Act of 2006 (Public Law 109–248) (‘‘the
18 Adam Walsh Act’’); the Victims of Trafficking and Vio-
19 lence Protection Act of 2000 (Public Law 106–386); the
20 NICS Improvement Amendments Act of 2007 (Public
21 Law 110–180); subtitle C of title II of the Homeland Se-
22 curity Act of 2002 (Public Law 107–296) (‘‘the 2002
23 Act’’); the Prison Rape Elimination Act of 2003 (Public
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24 Law 108–79); the Second Chance Act of 2007 (Public
25 Law 110–199); the Prioritizing Resources and Organiza-
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1 tion for Intellectual Property Act of 2008 (Public Law
2 110–403); the Victims of Crime Act of 1984 (Public Law
3 98–473); the Mentally Ill Offender Treatment and Crime
4 Reduction Reauthorization and Improvement Act of 2008
5 (Public Law 110–416); the Violence Against Women Re-
6 authorization Act of 2013 (Public Law 113–4) (‘‘the 2013
7 Act’’); the Comprehensive Addiction and Recovery Act of
8 2016 (Public Law 114–198) (‘‘CARA’’); the Justice for
9 All Reauthorization Act of 2016 (Public Law 114–324);
10 Kevin and Avonte’s Law (division Q of Public Law 115–
11 141) (‘‘Kevin and Avonte’s Law’’); the Keep Young Ath-
12 letes Safe Act of 2018 (title III of division S of Public
13 Law 115–141) (‘‘the Keep Young Athletes Safe Act’’); the
14 STOP School Violence Act of 2018 (title V of division S
15 of Public Law 115–141) (‘‘the STOP School Violence
16 Act’’); the Fix NICS Act of 2018 (title VI of division S
17 of Public Law 115–141); the Project Safe Neighborhoods
18 Grant Program Authorization Act of 2018 (Public Law
19 115–185); the SUPPORT for Patients and Communities
20 Act (Public Law 115–271); the Second Chance Reauthor-
21 ization Act of 2018 (Public Law 115–391); and the Mat-
22 thew Shepard and James Byrd, Jr. Hate Crimes Preven-
23 tion Act (Public Law 111–84); and other programs,
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24 $2,402,000,000 (increased by $2,000,000) (increased by
25 $2,500,000) (increased by $1,000,000) (reduced by
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1 $2,500,000) (reduced by $2,500,000) (increased by
2 $1,000,000) (increased by $1,000,000) (reduced by
3 $10,000,000) (increased by $10,000,000) (increased by
4 $1,000,000) (increased by $1,000,000) (increased by
5 $1,500,000) (increased by $4,000,000), to remain avail-
6 able until expended as follows—
7 (1) $525,000,000 (increased by $2,000,000)
8 (increased by $1,000,000) (reduced by $2,500,000)
9 (reduced by $2,500,000) (increased by $1,500,000)
10 for the Edward Byrne Memorial Justice Assistance
11 Grant program as authorized by subpart 1 of part
12 E of title I of the 1968 Act (except that section
13 1001(c), and the special rules for Puerto Rico under
14 section 505(g) of title I of the 1968 Act shall not
15 apply for purposes of this Act), of which, notwith-
16 standing such subpart 1; $12,500,000 is for an Offi-
17 cer Robert Wilson III memorial initiative on Pre-
18 venting Violence Against Law Enforcement and En-
19 suring Officer Resilience and Survivability
20 (VALOR); $7,500,000 is for an initiative to support
21 evidence-based policing; $8,500,000 is for an initia-
22 tive to enhance prosecutorial decision-making;
23 $2,400,000 is for the operationalization, mainte-
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24 nance and expansion of the National Missing and
25 Unidentified Persons System; $3,000,000 is for an
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1 academic based training initiative to improve police-
2 based responses to people with mental illness or de-
3 velopmental disabilities; $3,000,000 is for a student
4 loan repayment assistance program pursuant to sec-
5 tion 952 of Public Law 110–315; $15,500,000 is for
6 prison rape prevention and prosecution grants to
7 States and units of local government, and other pro-
8 grams, as authorized by the Prison Rape Elimi-
9 nation Act of 2003 (Public Law 108–79);
10 $3,000,000 is for a grant program authorized by
11 Kevin and Avonte’s Law; $3,000,000 is for a re-
12 gional law enforcement technology initiative;
13 $20,000,000 is for grants authorized under the
14 Project Safe Neighborhoods Grant Authorization Act
15 of 2018 (Public Law 115–185); $2,000,000 is for a
16 grant to provide a drug field testing and training
17 initiative; $6,500,000 is for the Capital Litigation
18 Improvement Grant Program, as authorized by sec-
19 tion 426 of Public Law 108–405, and for grants for
20 wrongful conviction review; $3,000,000 is for grants
21 to States and units of local government to deploy
22 managed access systems to combat contraband cell
23 phone use in prison; $1,500,000 (increased by
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24 $1,000,000) is for a collaborative mental health and
25 anti-recidivism initiative; $3,000,000 is for a pro-
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1 gram to improve juvenile indigent defense;
2 $9,000,000 (increased by $1,500,000) is for commu-
3 nity-based violence prevention initiatives; $3,500,000
4 (increased by $2,000,000) is for a national center
5 for restorative justice; $2,000,000 is for grants for
6 construction, renovation, or upgrades of child-friend-
7 ly family visitation spaces in correctional facilities;
8 $5,000,000 is for the development of best practices
9 for and the creation of local task forces on public
10 safety innovation consistent with the requirements
11 as described in section 366 of H.R. 7120 as passed
12 by the House of Representatives on June 25, 2020;
13 $15,000,000 is for technical assistance grants to law
14 enforcement agencies, consistent with requirements
15 as described in section 224 of H.R. 7120 as passed
16 by the House of Representatives on June 25, 2020,
17 regarding reporting data on the use of force by law
18 enforcement officers; $5,000,000 is for competitive
19 grants or contracts to law enforcement agencies, for
20 the purpose of developing and implementing data
21 collection programs on hit rates for stops and
22 searches by law enforcement agencies, consistent
23 with requirements as described in subsections (a)
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24 and (b) of section 333 of H.R. 7120 as passed by
25 the House of Representatives on June 25, 2020;
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1 $7,200,000 is for grants to support State and local
2 law enforcement agencies in complying with law en-
3 forcement reform efforts as a result of litigation, in-
4 cluding consent decrees, out-of-court settlements,
5 memoranda of understanding, findings, technical as-
6 sistance, and recommendation letters provided by re-
7 form authorities; and $50,000,000 is for training
8 programs for State and local law enforcement offi-
9 cers on racial profiling, implicit bias, de-escalation,
10 use of force and a duty to intervene, and procedural
11 justice: Provided, That of the grant awards funded
12 from amounts provided herein and not otherwise
13 specified under this paragraph, each applicant shall
14 provide assurance that, for each fiscal year covered
15 by an application, the applicant will use not less
16 than 10 percent of the total amount of the grant
17 award for the fiscal year to develop and implement
18 best practice devices and systems to eliminate racial
19 profiling, including training to prevent racial
20 profiling and to encourage more respectful inter-
21 action with the public, the acquisition and use of
22 technology to facilitate the accurate collection and
23 analysis of data, the development and acquisition of
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24 feedback systems and technologies that identify law
25 enforcement agents or units of agents engaged in, or
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1 at risk of engaging in, racial profiling or other mis-
2 conduct, and the establishment and maintenance of
3 an administrative complaint procedure or inde-
4 pendent auditor program: Provided further, That of
5 the grant awards funded from amounts provided
6 herein and not otherwise specified under this para-
7 graph, each applicant shall provide assurance that,
8 for each fiscal year covered by an application, the
9 applicant will use not less than 5 percent of the total
10 amount of the grant award for the fiscal year to as-
11 sist law enforcement agencies of the applicant, in-
12 cluding campus public safety departments, to gain or
13 maintain accreditation from certified law enforce-
14 ment accreditation organizations, consistent with the
15 requirements as described in section 113 of H.R.
16 7120 as passed by the House of Representatives on
17 June 25, 2020: Provided further, That of the grant
18 awards funded from amounts provided herein and
19 not otherwise specified under this paragraph, each
20 applicant shall provide assurance that the applicant
21 will use not less than 5 percent of the total amount
22 of the grant award for the fiscal year to study and
23 implement effective management, training, recruit-
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24 ing, hiring, and oversight standards and programs to
25 promote effective community and problem solving
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1 strategies for law enforcement agencies, consistent
2 with the requirements as described in section 114 of
3 H.R. 7120 as passed by the House of Representa-
4 tives on June 25, 2020: Provided further, That of
5 the grant awards funded from amounts provided
6 herein and not otherwise specified under this para-
7 graph, each applicant shall provide assurance that,
8 for each fiscal year covered by an application, the
9 applicant will use not less than 5 percent of the total
10 amount of the grant award for the fiscal year to de-
11 velop policies and procedures in compliance with sec-
12 tion 382 of H.R. 7120 as passed by the House of
13 Representatives on June 25, 2020: Provided further,
14 That for purposes of this paragraph, the term ‘‘ap-
15 plicant’’ means a recipient and a subrecipient of
16 funds under a program described in this paragraph:
17 Provided further, That awards hereunder, shall not
18 be subject to restrictions or special conditions that
19 are the same as (or substantially similar to) those,
20 imposed on awards under such subpart in fiscal year
21 2018, that forbid interference with Federal law en-
22 forcement;
23 (2) $251,500,000 for the State Criminal Alien
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24 Assistance Program, as authorized by section
25 241(i)(5) of the Immigration and Nationality Act (8
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1 U.S.C. 1231(i)(5)): Provided, That no jurisdiction
2 shall request compensation for any cost greater than
3 the actual cost for Federal immigration and other
4 detainees housed in State and local detention facili-
5 ties;
6 (3) $95,000,000 for victim services programs
7 for victims of trafficking, as authorized by section
8 107(b)(2) of Public Law 106–386, for programs au-
9 thorized under Public Law 109–164, or programs
10 authorized under Public Law 113–4;
11 (4) $14,500,000 for economic, high technology,
12 white collar, and internet crime prevention grants,
13 including as authorized by section 401 of Public
14 Law 110–403, of which $2,500,000 is for competi-
15 tive grants that help State and local law enforce-
16 ment tackle intellectual property thefts, and
17 $2,000,000 for a competitive grant program for
18 training students in computer forensics and digital
19 investigation;
20 (5) $20,500,000 for sex offender management
21 assistance, as authorized by the Adam Walsh Act,
22 and related activities;
23 (6) $29,000,000 for the Patrick Leahy Bullet-
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24 proof Vest Partnership Grant Program, as author-
25 ized by section 2501 of title I of the 1968 Act: Pro-
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1 vided, That $1,500,000 is transferred directly to the
2 National Institute of Standards and Technology’s
3 Office of Law Enforcement Standards for research,
4 testing and evaluation programs;
5 (7) $1,000,000 for the National Sex Offender
6 Public Website;
7 (8) $88,000,000 (increased by $1,000,000) for
8 grants to States to upgrade criminal and mental
9 health records for the National Instant Criminal
10 Background Check System, of which no less than
11 $25,000,000 shall be for grants made under the au-
12 thorities of the NICS Improvement Amendments Act
13 of 2007 (Public Law 110–180) and Fix NICS Act
14 of 2018;
15 (9) $30,500,000 for Paul Coverdell Forensic
16 Sciences Improvement Grants under part BB of title
17 I of the 1968 Act;
18 (10) $142,000,000 (increased by $1,000,000)
19 (increased by $4,000,000) for DNA-related and fo-
20 rensic programs and activities, of which—
21 (A) $108,000,000 (increased by
22 $1,000,000) (increased by $4,000,000) is for
23 the purposes authorized under section 2 of the
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24 DNA Analysis Backlog Elimination Act of 2000
25 (Public Law 106–546) (the Debbie Smith DNA
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1 Backlog Grant Program): Provided, That up to
2 4 percent of funds made available under this
3 paragraph may be used for the purposes de-
4 scribed in the DNA Training and Education for
5 Law Enforcement, Correctional Personnel, and
6 Court Officers program (Public Law 108–405,
7 section 303);
8 (B) $19,000,000 is for other local, State,
9 and Federal forensic activities;
10 (C) $9,000,000 is for the purposes de-
11 scribed in the Kirk Bloodsworth Post-Convic-
12 tion DNA Testing Grant Program (Public Law
13 108–405, section 412); and
14 (D) $6,000,000 is for Sexual Assault Fo-
15 rensic Exam Program grants, including as au-
16 thorized by section 304 of Public Law 108–405;
17 (11) $49,000,000 for a grant program for com-
18 munity-based sexual assault response reform;
19 (12) $12,500,000 for the court-appointed spe-
20 cial advocate program, as authorized by section 217
21 of the 1990 Act;
22 (13) $39,500,000 for assistance to Indian
23 Tribes;
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24 (14) $100,000,000 for offender reentry pro-
25 grams and research, as authorized by the Second
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1 Chance Act of 2007 (Public Law 110–199) and by
2 the Second Chance Reauthorization Act of 2018
3 (Public Law 115–391), without regard to the time
4 limitations specified at section 6(1) of such Act, of
5 which not to exceed $6,000,000 is for a program to
6 improve State, local, and Tribal probation or parole
7 supervision efforts and strategies, $5,000,000 is for
8 Children of Incarcerated Parents Demonstrations to
9 enhance and maintain parental and family relation-
10 ships for incarcerated parents as a reentry or recidi-
11 vism reduction strategy, and $4,500,000 is for addi-
12 tional replication sites employing the Project HOPE
13 Opportunity Probation with Enforcement model im-
14 plementing swift and certain sanctions in probation,
15 and for a research project on the effectiveness of the
16 model: Provided, That up to $7,500,000 of funds
17 made available in this paragraph may be used for
18 performance-based awards for Pay for Success
19 projects, of which up to $5,000,000 shall be for Pay
20 for Success programs implementing the Permanent
21 Supportive Housing Model;
22 (15) $77,500,000 for initiatives to improve po-
23 lice-community relations, of which $27,500,000 is
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24 for a competitive matching grant program for pur-
25 chases of body-worn cameras for State, local and
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1 Tribal law enforcement, $30,000,000 is for a justice
2 reinvestment initiative, for activities related to crimi-
3 nal justice reform and recidivism reduction, and
4 $20,000,000 is for an Edward Byrne Memorial
5 criminal justice innovation program;
6 (16) $412,000,000 for comprehensive opioid
7 abuse reduction activities, including as authorized by
8 CARA, and for the following programs, which shall
9 address opioid, stimulant, and substance abuse re-
10 duction consistent with underlying program authori-
11 ties—
12 (A) $85,000,000 for Drug Courts, as au-
13 thorized by section 1001(a)(25)(A) of title I of
14 the 1968 Act;
15 (B) $43,000,000 for mental health courts
16 and adult and juvenile collaboration program
17 grants, as authorized by parts V and HH of
18 title I of the 1968 Act, and the Mentally Ill Of-
19 fender Treatment and Crime Reduction Reau-
20 thorization and Improvement Act of 2008 (Pub-
21 lic Law 110–416);
22 (C) $35,000,000 for grants for Residential
23 Substance Abuse Treatment for State Pris-
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24 oners, as authorized by part S of title I of the
25 1968 Act;
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1 (D) $30,000,000 for a veterans treatment
2 courts program;
3 (E) $31,000,000 for a program to monitor
4 prescription drugs and scheduled listed chemical
5 products; and
6 (F) $188,000,000 for a comprehensive
7 opioid, stimulant, and substance abuse pro-
8 gram;
9 (17) $2,500,000 (increased by $2,500,000) for
10 a competitive grant program authorized by the Keep
11 Young Athletes Safe Act;
12 (18) $87,000,000 for grants to be administered
13 by the Bureau of Justice Assistance for purposes au-
14 thorized under the STOP School Violence Act;
15 (19) $2,000,000 (increased by $1,000,000) for
16 grants to State and local law enforcement agencies
17 for the expenses associated with the investigation
18 and prosecution of criminal offenses, involving civil
19 rights, authorized by the Emmett Till Unsolved Civil
20 Rights Crimes Reauthorization Act of 2016 (Public
21 Law 114–325);
22 (20) $8,000,000 (increased by $1,000,000) for
23 grants to State, local, and Tribal law enforcement
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24 agencies to conduct educational outreach and train-
25 ing on hate crimes and to investigate and prosecute
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1 hate crimes, as authorized by section 4704 of the
2 Matthew Shepard and James Byrd, Jr. Hate Crimes
3 Prevention Act (Public Law 111–84);
4 (21) $15,000,000 for a competitive grant pilot
5 program for qualified nonprofit organizations to pro-
6 vide legal representation to immigrants arriving at
7 the southwest border seeking asylum and other
8 forms of legal protection in the United States; and
9 (22) $400,000,000 for Law Enforcement Ac-
10 countability Grants, of which—
11 (A) $350,000,000 is for grants to hold law
12 enforcement accountable in the courts: Pro-
13 vided, That of the amounts provided under this
14 paragraph, $100,000,000 shall be for grants to
15 assist States in conducting pattern and practice
16 investigations at the State level, consistent with
17 the requirements as described in section 103(b)
18 of H.R. 7120 as passed by the House of Rep-
19 resentatives on June 25, 2020: Provided fur-
20 ther, That of the amounts provided,
21 $250,000,000 shall be for grants to States and
22 Tribal Governments to assist in implementing
23 statutes providing for independent investigation
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24 of law enforcement officers, consistent with the
25 requirements as described in section 104 of
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1 H.R. 7120 as passed by the House of Rep-
2 resentatives on June 25, 2020; and
3 (B) $50,000,000 is for Law Enforcement
4 Trust and Integrity Grant Programs: Provided,
5 That of the amounts provided under this sub-
6 paragraph—
7 (i) $25,000,000 shall be for grants to
8 allow community-based organizations to
9 study management and operations stand-
10 ards for law enforcement agencies, con-
11 sistent with the requirements as described
12 in subsections (b) and (c) of section 114 of
13 H.R. 7120 as passed by the House of Rep-
14 resentatives on June 25, 2020; and
15 (ii) $25,000,000 shall be for grants to
16 develop pilot programs and implement ef-
17 fective standards and programs, consistent
18 with the requirements as described in sub-
19 sections (c) and (d) of section 114 of H.R.
20 7120 as passed by the House of Represent-
21 atives on June 25, 2020.
22 JUVENILE JUSTICE PROGRAMS
23 For grants, contracts, cooperative agreements, and
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24 other assistance authorized by the Juvenile Justice and
25 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the
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1 Omnibus Crime Control and Safe Streets Act of 1968
2 (‘‘the 1968 Act’’); the Violence Against Women and De-
3 partment of Justice Reauthorization Act of 2005 (Public
4 Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s
5 Assistance Act (34 U.S.C. 11291 et seq.); the Prosecu-
6 torial Remedies and Other Tools to end the Exploitation
7 of Children Today Act of 2003 (Public Law 108–21); the
8 Victims of Child Abuse Act of 1990 (Public Law 101–
9 647) (‘‘the 1990 Act’’); the Adam Walsh Child Protection
10 and Safety Act of 2006 (Public Law 109–248) (‘‘the
11 Adam Walsh Act’’); the PROTECT Our Children Act of
12 2008 (Public Law 110–401); the Violence Against Women
13 Reauthorization Act of 2013 (Public Law 113–4) (‘‘the
14 2013 Act’’); the Justice for All Reauthorization Act of
15 2016 (Public Law 114–324); the Juvenile Justice Reform
16 Act of 2018 (Public Law 115–385); and other juvenile jus-
17 tice programs, $337,000,000 (increased by $1,000,000)
18 (increased by $2,000,000), to remain available until ex-
19 pended as follows—
20 (1) $65,000,000 for programs authorized by
21 section 221 of the 1974 Act, and for training and
22 technical assistance to assist small, nonprofit organi-
23 zations with the Federal grants process: Provided,
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24 That of the amounts provided under this paragraph,
25 $500,000 shall be for a competitive demonstration
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1 grant program to support emergency planning
2 among State, local and Tribal juvenile justice resi-
3 dential facilities;
4 (2) $100,000,000 for youth mentoring grants;
5 (3) $44,000,000 for delinquency prevention, of
6 which, pursuant to sections 261 and 262 of the
7 1974 Act—
8 (A) $3,000,000 shall be for grants to pre-
9 vent trafficking of girls;
10 (B) $5,000,000 shall be for the Tribal
11 Youth Program;
12 (C) $500,000 shall be for an internet site
13 providing information and resources on children
14 of incarcerated parents;
15 (D) $2,000,000 (increased by $1,000,000)
16 shall be for competitive grants focusing on girls
17 in the juvenile justice system;
18 (E) $10,000,000 shall be for an opioid-af-
19 fected youth initiative; and
20 (F) $8,000,000 shall be for an initiative
21 relating to children exposed to violence;
22 (4) $28,500,000 (increased by $2,000,000) for
23 programs authorized by the Victims of Child Abuse
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24 Act of 1990;
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1 (5) $94,500,000 (increased by $1,000,000) for
2 missing and exploited children programs, including
3 as authorized by sections 404(b) and 405(a) of the
4 1974 Act (except that section 102(b)(4)(B) of the
5 PROTECT Our Children Act of 2008 (Public Law
6 110–401) shall not apply for purposes of this Act);
7 and
8 (6) $5,000,000 for child abuse training pro-
9 grams for judicial personnel and practitioners, as
10 authorized by section 222 of the 1990 Act:
11 Provided, That not more than 10 percent of each amount
12 may be used for research, evaluation, and statistics activi-
13 ties designed to benefit the programs or activities author-
14 ized: Provided further, That not more than 2 percent of
15 the amounts designated under paragraphs (1) through (3)
16 and (6) may be used for training and technical assistance:
17 Provided further, That the two preceding provisos shall not
18 apply to grants and projects administered pursuant to sec-
19 tions 261 and 262 of the 1974 Act and to missing and
20 exploited children programs.
21 PUBLIC SAFETY OFFICER BENEFITS
22 (INCLUDING TRANSFER OF FUNDS)
23 For payments and expenses authorized under section
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24 1001(a)(4) of title I of the Omnibus Crime Control and
25 Safe Streets Act of 1968, such sums as are necessary (in-
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1 cluding amounts for administrative costs), to remain avail-
2 able until expended; and $24,800,000 for payments au-
3 thorized by section 1201(b) of such Act and for edu-
4 cational assistance authorized by section 1218 of such Act,
5 to remain available until expended: Provided, That upon
6 a determination by the Attorney General that emergent
7 circumstances require additional funding for such dis-
8 ability and education payments, the Attorney General may
9 transfer such amounts to ‘‘Public Safety Officer Benefits’’
10 from available appropriations for the Department of Jus-
11 tice as may be necessary to respond to such circumstances:
12 Provided further, That any transfer pursuant to the pre-
13 ceding proviso shall be treated as a reprogramming under
14 section 505 of this Act and shall not be available for obli-
15 gation or expenditure except in compliance with the proce-
16 dures set forth in that section.
17 COMMUNITY ORIENTED POLICING SERVICES
18 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
19 (INCLUDING TRANSFER OF FUNDS)
20 For activities authorized by the Violent Crime Con-
21 trol and Law Enforcement Act of 1994 (Public Law 103–
22 322); the Omnibus Crime Control and Safe Streets Act
23 of 1968 (‘‘the 1968 Act’’); the Violence Against Women
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24 and Department of Justice Reauthorization Act of 2005
25 (Public Law 109–162) (‘‘the 2005 Act’’); the American
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1 Law Enforcement Heroes Act of 2017 (Public Law 115–
2 37); and the SUPPORT for Patients and Communities
3 Act (Public Law 115–271), $343,000,000, to remain
4 available until expended: Provided, That any balances
5 made available through prior year deobligations shall only
6 be available in accordance with section 505 of this Act:
7 Provided further, That of the amount provided under this
8 heading—
9 (1) $231,000,000 is for grants under section
10 1701 of title I of the 1968 Act (34 U.S.C. 10381)
11 for the hiring and rehiring of additional career law
12 enforcement officers under part Q of such title not-
13 withstanding subsection (i) of such section: Pro-
14 vided, That, notwithstanding section 1704(c) of such
15 title (34 U.S.C. 10384(c)), funding for hiring or re-
16 hiring a career law enforcement officer may not ex-
17 ceed $125,000 unless the Director of the Office of
18 Community Oriented Policing Services grants a
19 waiver from this limitation: Provided further, That
20 within the amounts appropriated under this para-
21 graph, $27,000,000 is for improving Tribal law en-
22 forcement, including hiring, equipment, training,
23 anti-methamphetamine activities, and anti-opioid ac-
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24 tivities: Provided further, That of the amounts ap-
25 propriated under this paragraph, $6,500,000 is for
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1 community policing development activities in fur-
2 therance of the purposes in section 1701: Provided
3 further, That of the amounts appropriated under
4 this paragraph $40,000,000 is for regional informa-
5 tion sharing activities, as authorized by part M of
6 title I of the 1968 Act, which shall be transferred
7 to and merged with ‘‘Research, Evaluation, and Sta-
8 tistics’’ for administration by the Office of Justice
9 Programs: Provided further, That within the
10 amounts appropriated under this paragraph, no less
11 than $3,000,000 is to support the Tribal Access
12 Program: Provided further, That within the amounts
13 appropriated under this paragraph, $5,000,000 (in-
14 creased by $2,500,000) is for training, peer men-
15 toring, and mental health program activities as au-
16 thorized under the Law Enforcement Mental Health
17 and Wellness Act (Public Law 115–113): Provided
18 further, That within the amount appropriated under
19 this paragraph, no less than $4,000,000 is for grant
20 programs to develop best practices for, and to cre-
21 ate, civilian review boards, consistent with the re-
22 quirements as described in section 104(b) of H.R.
23 7120 as passed by in the House of Representatives
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24 on June 25, 2020.
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1 (2) $11,000,000 is for activities authorized by
2 the POLICE Act of 2016 (Public Law 114–199);
3 (3) $13,000,000 is for competitive grants to
4 State law enforcement agencies in States with high
5 seizures of precursor chemicals, finished meth-
6 amphetamine, laboratories, and laboratory dump sei-
7 zures: Provided, That funds appropriated under this
8 paragraph shall be utilized for investigative purposes
9 to locate or investigate illicit activities, including
10 precursor diversion, laboratories, or methamphet-
11 amine traffickers;
12 (4) $35,000,000 is for competitive grants to
13 statewide law enforcement agencies in States with
14 high rates of primary treatment admissions for her-
15 oin and other opioids: Provided, That these funds
16 shall be utilized for investigative purposes to locate
17 or investigate illicit activities, including activities re-
18 lated to the distribution of heroin or unlawful dis-
19 tribution of prescription opioids, or unlawful heroin
20 and prescription opioid traffickers through statewide
21 collaboration; and
22 (5) $53,000,000 is for competitive grants to be
23 administered by the Community Oriented Policing
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24 Services Office for purposes authorized under the
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1 STOP School Violence Act (title V of division S of
2 Public Law 115–141).
3 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
4 (INCLUDING TRANSFER OF FUNDS)
5 SEC. 201. None of the funds appropriated by this
6 title shall be available to pay for an abortion, except where
7 the life of the mother would be endangered if the fetus
8 were carried to term, or in the case of rape or incest: Pro-
9 vided, That should this prohibition be declared unconstitu-
10 tional by a court of competent jurisdiction, this section
11 shall be null and void.
12 SEC. 202. None of the funds appropriated under this
13 title shall be used to require any person to perform, or
14 facilitate in any way the performance of, any abortion.
15 SEC. 203. Nothing in the preceding section shall re-
16 move the obligation of the Director of the Bureau of Pris-
17 ons to provide escort services necessary for a female in-
18 mate to receive such service outside the Federal facility:
19 Provided, That nothing in this section in any way dimin-
20 ishes the effect of section 202 intended to address the phil-
21 osophical beliefs of individual employees of the Bureau of
22 Prisons.
23 SEC. 204. None of the funds made available under
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24 this title may be used by the Federal Bureau of Prisons
25 or the United States Marshals Service for the purpose of
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1 transporting an individual who is a prisoner pursuant to
2 conviction for crime under State or Federal law and is
3 classified as a maximum or high security prisoner, other
4 than to a prison or other facility certified by the Federal
5 Bureau of Prisons as appropriately secure for housing
6 such a prisoner.
7 SEC. 205. (a) None of the funds appropriated by this
8 Act may be used by Federal prisons to purchase cable tele-
9 vision services, or to rent or purchase audiovisual or elec-
10 tronic media or equipment used primarily for recreational
11 purposes.
12 (b) Subsection (a) does not preclude the rental, main-
13 tenance, or purchase of audiovisual or electronic media or
14 equipment for inmate training, religious, or educational
15 programs.
16 SEC. 206. None of the funds made available under
17 this title shall be obligated or expended for any new or
18 enhanced information technology program having total es-
19 timated development costs in excess of $100,000,000, un-
20 less the Deputy Attorney General and the investment re-
21 view board certify to the Committees on Appropriations
22 of the House of Representatives and the Senate that the
23 information technology program has appropriate program
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24 management controls and contractor oversight mecha-
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1 nisms in place, and that the program is compatible with
2 the enterprise architecture of the Department of Justice.
3 SEC. 207. The notification thresholds and procedures
4 set forth in section 505 of this Act shall apply to devi-
5 ations from the amounts designated for specific activities
6 in this Act and in the report accompanying this Act, and
7 to any use of deobligated balances of funds provided under
8 this title in previous years.
9 SEC. 208. None of the funds appropriated by this Act
10 may be used to plan for, begin, continue, finish, process,
11 or approve a public-private competition under the Office
12 of Management and Budget Circular A–76 or any suc-
13 cessor administrative regulation, directive, or policy for
14 work performed by employees of the Bureau of Prisons
15 or of Federal Prison Industries, Incorporated.
16 SEC. 209. Notwithstanding any other provision of
17 law, no funds shall be available for the salary, benefits,
18 or expenses of any United States Attorney assigned dual
19 or additional responsibilities by the Attorney General or
20 his designee that exempt that United States Attorney
21 from the residency requirements of section 545 of title 28,
22 United States Code.
23 SEC. 210. At the discretion of the Attorney General,
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24 and in addition to any amounts that otherwise may be
25 available (or authorized to be made available) by law, with
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1 respect to funds appropriated by this title under the head-
2 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and
3 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus-
4 tice Programs’’—
5 (1) up to 2 percent of funds made available to
6 the Office of Justice Programs for grant or reim-
7 bursement programs may be used by such Office to
8 provide training and technical assistance; and
9 (2) up to 2 percent of funds made available for
10 grant or reimbursement programs under such head-
11 ings, except for amounts appropriated specifically for
12 research, evaluation, or statistical programs adminis-
13 tered by the National Institute of Justice and the
14 Bureau of Justice Statistics, shall be transferred to
15 and merged with funds provided to the National In-
16 stitute of Justice and the Bureau of Justice Statis-
17 tics, to be used by them for research, evaluation, or
18 statistical purposes, without regard to the authoriza-
19 tions for such grant or reimbursement programs.
20 SEC. 211. Upon request by a grantee for whom the
21 Attorney General has determined there is a fiscal hard-
22 ship, the Attorney General may, with respect to funds ap-
23 propriated in this or any other Act making appropriations
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24 for fiscal years 2018 through 2021 for the following pro-
25 grams, waive the following requirements:
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1 (1) For the adult and juvenile offender State
2 and local reentry demonstration projects under part
3 FF of title I of the Omnibus Crime Control and
4 Safe Streets Act of 1968 (34 U.S.C. 10631 et seq.),
5 the requirements under section 2976(g)(1) of such
6 part (34 U.S.C. 10631(g)(1)).
7 (2) For grants to protect inmates and safe-
8 guard communities as authorized by section 6 of the
9 Prison Rape Elimination Act of 2003 (34 U.S.C.
10 30305(c)(3)), the requirements of section 6(c)(3) of
11 such Act.
12 SEC. 212. Notwithstanding any other provision of
13 law, section 20109(a) of subtitle A of title II of the Violent
14 Crime Control and Law Enforcement Act of 1994 (34
15 U.S.C. 12109(a)) shall not apply to amounts made avail-
16 able by this or any other Act.
17 SEC. 213. None of the funds made available under
18 this Act, other than for the national instant criminal back-
19 ground check system established under section 103 of the
20 Brady Handgun Violence Prevention Act (34 U.S.C.
21 40901), may be used by a Federal law enforcement officer
22 to facilitate the transfer of an operable firearm to an indi-
23 vidual if the Federal law enforcement officer knows or sus-
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24 pects that the individual is an agent of a drug cartel, un-
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1 less law enforcement personnel of the United States con-
2 tinuously monitor or control the firearm at all times.
3 SEC. 214. (a) None of the income retained in the De-
4 partment of Justice Working Capital Fund pursuant to
5 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C.
6 527 note) shall be available for obligation during fiscal
7 year 2021, except up to $12,000,000 may be obligated for
8 implementation of a unified Department of Justice finan-
9 cial management system.
10 (b) Not to exceed $30,000,000 of the unobligated bal-
11 ances transferred to the capital account of the Department
12 of Justice Working Capital Fund pursuant to title I of
13 Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note)
14 shall be available for obligation in fiscal year 2021, and
15 any use, obligation, transfer or allocation of such funds
16 shall be treated as a reprogramming of funds under sec-
17 tion 505 of this Act.
18 (c) Not to exceed $10,000,000 of the excess unobli-
19 gated balances available under section 524(c)(8)(E) of
20 title 28, United States Code, shall be available for obliga-
21 tion during fiscal year 2021, and any use, obligation,
22 transfer or allocation of such funds shall be treated as a
23 reprogramming of funds under section 505 of this Act.
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24 SEC. 215. Discretionary funds that are made avail-
25 able in this Act for the Office of Justice Programs may
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1 be used to participate in Performance Partnership Pilots
2 authorized under such authorities as have been enacted
3 for Performance Partnership Pilots in appropriations acts
4 in prior fiscal years and the current fiscal year.
5 SEC. 216. Notwithstanding section 219 of division B
6 of Public Law 116–93, section 1930(a)(6)(B) of title 28,
7 United States Code, shall be applied for fiscal years 2021
8 and 2022 by substituting ‘‘$300,000,000’’ for
9 ‘‘$200,000,000’’.
10 SEC. 217. None of the funds made available by this
11 Act may be used by the Executive Office for Immigration
12 Review to implement case performance numeric metrics
13 that are linked to performance evaluations for individual
14 immigration judges.
15 SEC. 218. Section 151 of the Foreign Relations Au-
16 thorization Act, Fiscal Years 1990 and 1991 (Public Law
17 101–246; 5 U.S.C. 5928 note), is amended—
18 (1) by striking ‘‘or’’ after ‘‘Drug Enforcement
19 Administration’’ and inserting ‘‘, the’’; and
20 (2) by inserting ‘‘, or the United States Mar-
21 shals Service’’ after ‘‘Federal Bureau of Investiga-
22 tion’’.
23 SEC. 219. None of the funds made available under
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24 this Act for the Edward Byrne Memorial Justice Assist-
25 ance Grant program or Community Oriented Policing
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1 Services program may be awarded to a State or unit of
2 local government unless the United States Attorney Gen-
3 eral certifies that the State or unit of local government—
4 (1) maintains adequate policies and procedures
5 designed to eliminate racial profiling in law enforce-
6 ment, and has eliminated any existing practices that
7 permit or encourage racial profiling in law enforce-
8 ment;
9 (2) requires each law enforcement officer in the
10 State or unit of local government to complete train-
11 ing programs on racial profiling, implicit bias, de-es-
12 calation, use of force and a duty to intervene in
13 cases where another law enforcement officer is using
14 excessive force against a civilian, and procedural jus-
15 tice;
16 (3) has in effect a law that prohibits law en-
17 forcement officers in the State or other jurisdiction
18 from using a chokehold or carotid hold, consistent
19 with the requirements as described in section 363 of
20 H.R. 7120 as passed by the House of Representa-
21 tives on June 25, 2020;
22 (4) has in effect a law that prohibits law en-
23 forcement officers in the State or other jurisdiction
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24 from using less lethal force, consistent with the re-
25 quirements as described in section 364 of H.R. 7120
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1 as passed by the House of Representatives on June
2 25, 2020;
3 (5) has in effect a law that prohibits law en-
4 forcement officers in the State or other jurisdiction
5 from using deadly force, consistent with the require-
6 ments as described in section 364 of H.R. 7120 as
7 passed by the House of Representatives on June 25,
8 2020;
9 (6) has in effect a law that prohibits the
10 issuance of a ‘‘no-knock warrant’’ in a drug case,
11 consistent with the requirements as described in sec-
12 tion 362 of H.R. 7120 as passed by the House of
13 Representatives on June 25, 2020;
14 (7) has provided the United States Attorney
15 General a law enforcement practice report that in-
16 cludes information on the race, ethnicity, age, and
17 gender of the officers and employees of the law en-
18 forcement agency and of members of the public in-
19 volved in—
20 (A) traffic violation stops;
21 (B) pedestrian stops;
22 (C) frisk and body searches;
23 (D) instances where officers or employees
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24 of the law enforcement agency used deadly
25 force including—
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1 (i) a description of when and where
2 deadly force was used, and whether it re-
3 sulted in death;
4 (ii) a description of deadly force di-
5 rected against an officer or employee and
6 whether it resulted in injury or death; and
7 (iii) the law enforcement agency’s jus-
8 tification for use of deadly force, if the
9 agency determines it was justified; and
10 (8) will not make such funds available to a law
11 enforcement agency that has entered into or renewed
12 any contractual arrangement, including a collective
13 bargaining agreement with a labor organization,
14 that—
15 (A) would prevent the Attorney General
16 from seeking or enforcing equitable or declara-
17 tory relief against a law enforcement agency en-
18 gaging in a pattern or practice of unconstitu-
19 tional misconduct; or
20 (B) conflicts with any terms or conditions
21 contained in a consent decree.
22 NATIONAL TASK FORCE ON LAW ENFORCEMENT
23 OVERSIGHT
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24 SEC. 220. (a) ESTABLISHMENT.—There is estab-
25 lished within the Department of Justice a task force to
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1 be known as the Task Force on Law Enforcement Over-
2 sight (hereinafter in this section referred to as the ‘‘Task
3 Force’’).
4 (b) COMPOSITION.—The Task Force shall be com-
5 posed of individuals appointed by the Attorney General,
6 who shall appoint not less than one individual from each
7 of the following:
8 (1) The Special Litigation Section of the Civil
9 Rights Division.
10 (2) The Criminal Section of the Civil Rights Di-
11 vision.
12 (3) The Federal Coordination and Compliance
13 Section of the Civil Rights Division.
14 (4) The Employment Litigation Section of the
15 Civil Rights Division.
16 (5) The Disability Rights Section of the Civil
17 Rights Division.
18 (6) The Office of Justice Programs.
19 (7) The Office of Community Oriented Policing
20 Services (COPS).
21 (8) The Corruption/Civil Rights Section of the
22 Federal Bureau of Investigation.
23 (9) The Community Relations Service.
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24 (10) The Office of Tribal Justice.
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1 (11) The unit within the Department of Justice
2 assigned as a liaison for civilian review boards.
3 (c) POWERS AND DUTIES.—The Task Force shall
4 consult with professional law enforcement associations,
5 labor organizations, and community-based organizations
6 to coordinate the process of the detection and referral of
7 complaints regarding incidents of alleged law enforcement
8 misconduct.
9 SEC. 221. None of the funds appropriated by this
10 title shall be made available for any law enforcement agen-
11 cy of any State, unit of local government, or federally rec-
12 ognized Tribal Government unless the Attorney General
13 of the United States has certified that such agency has
14 begun or completed the process of obtaining accreditation
15 from a law enforcement accreditation organization (as de-
16 fined in section 112(2) of H.R. 7120 as passed by the
17 House of Representatives on June 25, 2020) approved by
18 the Attorney General.
19 SEC. 222. None of the funds made available under
20 this Act for the Edward Byrne Memorial Justice Assist-
21 ance Grant program or Community Oriented Policing
22 Services program may be awarded to a State or unit of
23 local government unless the United States Attorney Gen-
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24 eral certifies that the State or unit of local government
25 has in effect a law that—
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1 (1) makes it a criminal offense for any person
2 acting under color of law of the State or unit of local
3 government to engage in a sexual act with an indi-
4 vidual, including an individual who is under arrest,
5 in detention, or otherwise in the actual custody of
6 any law enforcement officer; and
7 (2) prohibits a person charged with an offense
8 described herein from asserting the consent of the
9 other individual as a defense.
10 In the case of a multi-jurisdictional or regional consortium
11 that would be eligible to receive funds under the Commu-
12 nity Oriented Policing Services grant program, if any
13 member of that consortium is a State or unit of local gov-
14 ernment that does not have in effect a law described in
15 paragraphs (1) and (2), that consortium shall not be eligi-
16 ble to receive such funds.
17 This title may be cited as the ‘‘Department of Justice
18 Appropriations Act, 2021’’.
19 TITLE III
20 SCIENCE
21 OFFICE OF SCIENCE AND TECHNOLOGY POLICY
22 For necessary expenses of the Office of Science and
23 Technology Policy, in carrying out the purposes of the Na-
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24 tional Science and Technology Policy, Organization, and
25 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
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1 passenger motor vehicles, and services as authorized by
2 section 3109 of title 5, United States Code, not to exceed
3 $2,250 for official reception and representation expenses,
4 and rental of conference rooms in the District of Colum-
5 bia, $5,544,000.
6 NATIONAL SPACE COUNCIL
7 For necessary expenses of the National Space Coun-
8 cil, in carrying out the purposes of title V of Public Law
9 100–685 and Executive Order No. 13803, hire of pas-
10 senger motor vehicles, and services as authorized by sec-
11 tion 3109 of title 5, United States Code, not to exceed
12 $2,250 for official reception and representation expenses,
13 $1,965,000: Provided, That notwithstanding any other
14 provision of law, the National Space Council may accept
15 personnel support from Federal agencies, departments,
16 and offices, and such Federal agencies, departments, and
17 offices may detail staff without reimbursement to the Na-
18 tional Space Council for purposes provided herein.
19 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
20 SCIENCE
21 For necessary expenses, not otherwise provided for,
22 in the conduct and support of science research and devel-
23 opment activities, including research, development, oper-
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24 ations, support, and services; maintenance and repair, fa-
25 cility planning and design; space flight, spacecraft control,
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1 and communications activities; program management; per-
2 sonnel and related costs, including uniforms or allowances
3 therefor, as authorized by sections 5901 and 5902 of title
4 5, United States Code; travel expenses; purchase and hire
5 of passenger motor vehicles; and purchase, lease, charter,
6 maintenance, and operation of mission and administrative
7 aircraft, $7,097,500,000 (reduced by $30,000,000) (in-
8 creased by $30,000,000), to remain available until Sep-
9 tember 30, 2022: Provided, That, $2,021,800,000 shall be
10 for Earth Science; $2,713,400,000 (reduced by
11 $40,000,000) (increased by $40,000,000) shall be for
12 Planetary Science; $1,306,200,000 shall be for Astro-
13 physics; $423,000,000 shall be for the James Webb Space
14 Telescope; and $633,100,000 shall be for Heliophysics:
15 Provided further, That of the amounts provided,
16 $403,500,000 is for an orbiter to meet the science goals
17 for the Jupiter Europa mission as recommended in pre-
18 vious Planetary Science Decadal surveys: Provided further,
19 That the National Aeronautics and Space Administration
20 shall use the Space Launch System, if available, as the
21 launch vehicles for the Jupiter Europa missions, plan for
22 an orbiter launch no later than 2025 and a lander launch
23 no later than 2027, and include in the fiscal year 2022
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24 budget the 5-year funding profile necessary to achieve
25 these goals.
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1 AERONAUTICS
2 For necessary expenses, not otherwise provided for,
3 in the conduct and support of aeronautics research and
4 development activities, including research, development,
5 operations, support, and services; maintenance and repair,
6 facility planning and design; space flight, spacecraft con-
7 trol, and communications activities; program manage-
8 ment; personnel and related costs, including uniforms or
9 allowances therefor, as authorized by sections 5901 and
10 5902 of title 5, United States Code; travel expenses; pur-
11 chase and hire of passenger motor vehicles; and purchase,
12 lease, charter, maintenance, and operation of mission and
13 administrative aircraft, $819,000,000 (increased by
14 $15,000,000) (reduced by $15,000,000), to remain avail-
15 able until September 30, 2022.
16 SPACE TECHNOLOGY
17 For necessary expenses, not otherwise provided for,
18 in the conduct and support of space technology research
19 and development activities, including research, develop-
20 ment, operations, support, and services; maintenance and
21 repair, facility planning and design; space flight, space-
22 craft control, and communications activities; program
23 management; personnel and related costs, including uni-
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24 forms or allowances therefor, as authorized by sections
25 5901 and 5902 of title 5, United States Code; travel ex-
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1 penses; purchase and hire of passenger motor vehicles; and
2 purchase, lease, charter, maintenance, and operation of
3 mission and administrative aircraft, $1,100,000,000, to
4 remain available until September 30, 2022: Provided,
5 That $227,000,000 shall be for RESTORE–L/SPace In-
6 frastructure DExterous Robot: Provided further, That
7 $110,000,000 shall be for the development, production
8 and demonstration of a nuclear thermal propulsion sys-
9 tem, of which $80,000,000 shall be for the design of a
10 flight demonstration system: Provided further, That, not
11 later than 180 days after the enactment of this Act, the
12 National Aeronautics and Space Administration shall pro-
13 vide a plan for the design of a flight demonstration.
14 EXPLORATION
15 For necessary expenses, not otherwise provided for,
16 in the conduct and support of exploration research and
17 development activities, including research, development,
18 operations, support, and services; maintenance and repair,
19 facility planning and design; space flight, spacecraft con-
20 trol, and communications activities; program manage-
21 ment; personnel and related costs, including uniforms or
22 allowances therefor, as authorized by sections 5901 and
23 5902 of title 5, United States Code; travel expenses; pur-
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24 chase and hire of passenger motor vehicles; and purchase,
25 lease, charter, maintenance, and operation of mission and
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1 administrative aircraft, $6,017,600,000, to remain avail-
2 able until September 30, 2022: Provided, That not less
3 than $1,400,500,000 shall be for the Orion Multi-Purpose
4 Crew Vehicle: Provided further, That not less than
5 $2,600,000,000 shall be for the Space Launch System
6 (SLS) launch vehicle, which shall have a lift capability not
7 less than 130 metric tons and which shall have core ele-
8 ments and an Exploration Upper Stage developed simulta-
9 neously to be used to the maximum extent practicable, in-
10 cluding for Earth to Moon missions and Moon landings:
11 Provided further, That of the amounts provided for SLS,
12 not less than $400,000,000 shall be for SLS Block 1B
13 development including the Exploration Upper Stage and
14 associated systems including related facilitization: Pro-
15 vided further, That $459,700,000 shall be for Exploration
16 Ground Systems including infrastructure in support of
17 SLS Block 1B missions: Provided further, That the Na-
18 tional Aeronautics and Space Administration shall provide
19 to the Committees on Appropriations of the House of Rep-
20 resentatives and the Senate, concurrent with the annual
21 budget submission, a 5-year budget profile for an inte-
22 grated system that includes the SLS, the Orion Multi-Pur-
23 pose Crew Vehicle, and associated ground systems that
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24 will ensure a crewed launch as early as possible, as well
25 as a system-based funding profile for a sustained launch
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1 cadence that contemplates the use of an SLS Block 1B
2 cargo variant and associated ground systems: Provided
3 further, That $1,557,400,000 shall be for exploration re-
4 search and development.
5 SPACE OPERATIONS
6 For necessary expenses, not otherwise provided for,
7 in the conduct and support of space operations research
8 and development activities, including research, develop-
9 ment, operations, support and services; space flight, space-
10 craft control and communications activities, including op-
11 erations, production, and services; maintenance and re-
12 pair, facility planning and design; program management;
13 personnel and related costs, including uniforms or allow-
14 ances therefor, as authorized by sections 5901 and 5902
15 of title 5, United States Code; travel expenses; purchase
16 and hire of passenger motor vehicles; and purchase, lease,
17 charter, maintenance and operation of mission and admin-
18 istrative aircraft, $4,052,200,000, to remain available
19 until September 30, 2022.
20 SCIENCE, TECHNOLOGY, ENGINEERING, AND
21 MATHEMATICS ENGAGEMENT
22 For necessary expenses, not otherwise provided for,
23 in the conduct and support of aerospace and aeronautical
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24 education research and development activities, including
25 research, development, operations, support, and services;
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1 program management; personnel and related costs, includ-
2 ing uniforms or allowances therefor, as authorized by sec-
3 tions 5901 and 5902 of title 5, United States Code; travel
4 expenses; purchase and hire of passenger motor vehicles;
5 and purchase, lease, charter, maintenance, and operation
6 of mission and administrative aircraft, $126,000,000 (in-
7 creased by $1,000,000), to remain available until Sep-
8 tember 30, 2022, of which $26,000,000 shall be for the
9 Established Program to Stimulate Competitive Research
10 and $50,000,000 (increased by $1,000,000) shall be for
11 the National Space Grant College and Fellowship Pro-
12 gram.
13 SAFETY, SECURITY AND MISSION SERVICES
14 For necessary expenses, not otherwise provided for,
15 in the conduct and support of science, aeronautics, space
16 technology, exploration, space operations and education
17 research and development activities, including research,
18 development, operations, support, and services; mainte-
19 nance and repair, facility planning and design; space
20 flight, spacecraft control, and communications activities;
21 program management; personnel and related costs, includ-
22 ing uniforms or allowances therefor, as authorized by sec-
23 tions 5901 and 5902 of title 5, United States Code; travel
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24 expenses; purchase and hire of passenger motor vehicles;
25 not to exceed $63,000 for official reception and represen-
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1 tation expenses; and purchase, lease, charter, mainte-
2 nance, and operation of mission and administrative air-
3 craft, $2,953,400,000, to remain available until Sep-
4 tember 30, 2022: Provided, That if available balances in
5 the ‘‘Science, Space, and Technology Education Trust
6 Fund’’ are not sufficient to provide for the grant disburse-
7 ments required under the third and fourth provisos under
8 such heading in the Department of Housing and Urban
9 Development-Independent Agencies Appropriations Act,
10 1989, (Public Law 100–404), as amended by the Depart-
11 ments of Veterans Affairs and Housing and Urban Devel-
12 opment, and Independent Agencies Appropriations Act,
13 1995, (Public Law 103–327), up to $1,000,000 shall be
14 available from amounts made available under this heading
15 to make such grant disbursements.
16 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND
17 RESTORATION
18 For necessary expenses for construction of facilities
19 including repair, rehabilitation, revitalization, and modi-
20 fication of facilities, construction of new facilities and ad-
21 ditions to existing facilities, facility planning and design,
22 and restoration, and acquisition or condemnation of real
23 property, as authorized by law, and environmental compli-
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24 ance and restoration, $419,100,000, to remain available
25 until September 30, 2026: Provided, That proceeds from
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1 leases deposited into this account shall be available for a
2 period of 5 years to the extent and in amounts as provided
3 in annual appropriations Acts: Provided further, That such
4 proceeds referred to in the preceding proviso shall be avail-
5 able for obligation for fiscal year 2021 in an amount not
6 to exceed $18,700,000: Provided further, That each an-
7 nual budget request shall include an annual estimate of
8 gross receipts and collections and proposed use of all funds
9 collected pursuant to section 20145 of title 51, United
10 States Code.
11 OFFICE OF INSPECTOR GENERAL
12 For necessary expenses of the Office of Inspector
13 General in carrying out the Inspector General Act of 1978,
14 $44,200,000, of which $500,000 shall remain available
15 until September 30, 2022.
16 ADMINISTRATIVE PROVISIONS
17 (INCLUDING TRANSFERS OF FUNDS)
18 Funds for any announced prize otherwise authorized
19 shall remain available, without fiscal year limitation, until
20 a prize is claimed or the offer is withdrawn.
21 Not to exceed 5 percent of any appropriation made
22 available for the current fiscal year for the National Aero-
23 nautics and Space Administration in this Act may be
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24 transferred between such appropriations, but no such ap-
25 propriation, except as otherwise specifically provided, shall
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1 be increased by more than 10 percent by any such trans-
2 fers. Any funds transferred to ‘‘Construction and Environ-
3 mental Compliance and Restoration’’ for construction ac-
4 tivities shall not increase that account by more than 20
5 percent. Balances so transferred shall be merged with and
6 available for the same purposes and the same time period
7 as the appropriations to which transferred. Any transfer
8 pursuant to this provision shall be treated as a reprogram-
9 ming of funds under section 505 of this Act and shall not
10 be available for obligation except in compliance with the
11 procedures set forth in that section.
12 Not to exceed 5 percent of any appropriation pro-
13 vided for the National Aeronautics and Space Administra-
14 tion under previous appropriations Acts that remains
15 available for obligation or expenditure in fiscal year 2021
16 may be transferred between such appropriations, but no
17 such appropriation, except as otherwise specifically pro-
18 vided, shall be increased by more than 10 percent by any
19 such transfers. Any transfer pursuant to this provision
20 shall retain its original availability and shall be treated
21 as a reprogramming of funds under section 505 of this
22 Act and shall not be available for obligation except in com-
23 pliance with the procedures set forth in that section.
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24 The spending plan required by this Act shall be pro-
25 vided by NASA at the theme, program, project and activ-
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