Department of Defense Appropriations Bill, 2021
Summary
This is House Report 116-453 of the 116th Congress, 2d Session, titled Department of Defense Appropriations Bill, 2021, a report of the Committee on Appropriations together with minority views, committed to the Committee of the Whole House on the State of the Union and ordered to be printed July 16, 2020. The report accompanies H.R. 7617. The contents list bill totals, the committee budget review process, reprogramming guidance, and committee recommendations by major category, including a section on Coronavirus Disease 2019. The contents then begin Title I, Military Personnel.
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“Department of Defense Appropriations Bill, 2021.”
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1
116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–453
DEPARTMENT OF DEFENSE
APPROPRIATIONS BILL, 2021
R E P O R T
OF THE
COMMITTEE ON APPROPRIATIONS
together with
MINORITY VIEWS
[TO ACCOMPANY H.R. 7617]
JULY 16, 2020.—Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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DEPARTMENT OF DEFENSE APPROPRIATIONS BILL, 2021
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1
116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–453
DEPARTMENT OF DEFENSE
APPROPRIATIONS BILL, 2021
R E P O R T
OF THE
COMMITTEE ON APPROPRIATIONS
together with
MINORITY VIEWS
[TO ACCOMPANY H.R. 7617]
JULY 16, 2020.—Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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U.S. GOVERNMENT PUBLISHING OFFICE
40–847 WASHINGTON : 2020
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CONTENTS Page
Bill Totals ................................................................................................................. 1
Committee Budget Review Process ........................................................................ 3
Introduction .............................................................................................................. 3
Definition of Program, Project, and Activity ......................................................... 5
Reprogramming Guidance for Base and Overseas Contingency Operations
Funding ................................................................................................................. 5
Funding Increases ................................................................................................... 6
Congressional Special Interest Items ..................................................................... 6
Designated Congressional Special Interest Items ................................................. 6
General Transfer Authority and Special Transfer Authority .............................. 7
Classified Annex ...................................................................................................... 8
Committee Recommendations by Major Category ................................................ 8
Active, Reserve, and National Guard Military Personnel ................................ 8
Operation and Maintenance ................................................................................ 8
Procurement ......................................................................................................... 8
Research, Development, Test and Evaluation ................................................... 9
Defense Health Program ..................................................................................... 10
Overseas Contingency Operations/Global War on Terrorism Requirements .. 10
Civilian Cyber Workforce ........................................................................................ 10
Initiating Operations ............................................................................................... 11
Coronavirus Disease 2019 ....................................................................................... 11
Domestic Manufacturing Requirements for Navy Shipbuilding .......................... 13
Littoral Combat Ship Decommissions .................................................................... 13
Compliance with Congressionally Directed Reports ............................................. 14
Buy America and the Berry Amendment .............................................................. 14
Renaming Institutions ............................................................................................. 14
Law Enforcement Training ..................................................................................... 15
TITLE I. MILITARY PERSONNEL ....................................................................... 17
Military Personnel Overview .............................................................................. 19
Summary of End Strength .................................................................................. 19
Overall Active End Strength ............................................................................... 19
Overall Selected Reserve End Strength ............................................................. 19
Reprogramming Guidance for Military Personnel Accounts ............................ 20
(Including Base and Overseas Contingency Operations Funding) ...............
Military Personnel Special Interest Items ......................................................... 20
Minority Outreach and Officer Accessions ......................................................... 20
Recognizing Diversity in the Military ................................................................ 21
Cultural Sensitivity Training .............................................................................. 21
Trauma Training Program .................................................................................. 21
Sexual Assault Prevention and Response .......................................................... 22
Suicide Prevention and Outreach ....................................................................... 23
Military Personnel, Army .................................................................................... 24
Military Personnel, Navy .................................................................................... 28
Cybersecurity Professionals ............................................................................. 32
Military Personnel, Marine Corps ...................................................................... 32
Military Personnel, Air Force .............................................................................. 36
Reserve Personnel, Army .................................................................................... 40
Reserve Personnel, Navy ..................................................................................... 43
Reserve Personnel, Marine Corps ....................................................................... 46
Reserve Personnel, Air Force .............................................................................. 49
National Guard Personnel, Army ....................................................................... 52
National Guard Personnel, Air Force ................................................................. 55
TITLE II. OPERATION AND MAINTENANCE ................................................... 59
Reprogramming Guidance for Operation and Maintenance Accounts ............. 61
(Including Base and Overseas Contingency Operations Funding) ...............
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Reprogramming Guidance for Special Operations Command .......................... 62
Operation and Maintenance Special Interest Items ......................................... 62
(III)
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IV
Page
Quarterly Operation and Maintenance Updates ............................................... 63
Restoring Readiness ............................................................................................. 63
Reclaimed Refrigerants ....................................................................................... 63
Meals Ready-To-Eat War Reserve ...................................................................... 63
Advertising ........................................................................................................... 63
Minority and Women-Owned Businesses ........................................................... 64
Classified Contracting for Small Businesses ..................................................... 64
Pilot Shortages ..................................................................................................... 64
Military Funeral Honors ..................................................................................... 65
Body Composition Testing ................................................................................... 65
Inventory Management ....................................................................................... 65
Language Flagship Program ............................................................................... 65
Military Food Transformation ............................................................................. 66
Vieques and Culebra ............................................................................................ 67
Indian Financing Act ........................................................................................... 67
PFOS/PFOA Exposure Assessment .................................................................... 68
Per- and Polyfluoroalkyl Substances Cleanup Cost Reporting ........................ 68
Childcare ............................................................................................................... 69
Movement of Household Goods ........................................................................... 69
Cold Weather Clothing and Equipment ............................................................. 70
Use of Remote Piloting Systems ......................................................................... 71
Multinational Force and Observers .................................................................... 71
Energy Resiliency Studies ................................................................................... 71
Operation and Maintenance, Army .................................................................... 71
Small Businesses and Army Futures Command ........................................... 78
Facilities Reduction Program .......................................................................... 78
Operation and Maintenance, Navy ..................................................................... 78
Advanced Skills Management Legacy Systems Upgrades ............................ 85
China Lake Naval Air Weapons Station ........................................................ 85
Operation and Maintenance, Marine Corps ....................................................... 85
Operation and Maintenance, Air Force .............................................................. 89
Department of the Air Force Budget Justification Documents .................... 95
C–17 ................................................................................................................... 95
Aircraft Protection ............................................................................................ 95
Air Force Pilot Shortfall ................................................................................... 96
Operation and Maintenance, Space Force ......................................................... 96
Operation and Maintenance, Defense-Wide ....................................................... 99
Readiness and Environmental Protection Integration Program .................. 106
Defense Community Infrastructure Program ................................................ 106
Service-Provided Support and Enabling Capabilities to United States
Special Operations Forces ............................................................................ 106
Theater Special Operations Command Activities .......................................... 107
Military Information Support Operations ...................................................... 107
Special Operations Command Cold Weather Tactical Outerwear ................ 108
137th Special Operations Wing ....................................................................... 108
Defense POW/MIA Accounting Agency ........................................................... 108
Perfluorinated Chemicals Contamination and First Responder Exposure .. 108
Climate Change Report .................................................................................... 109
Special Measures Agreement ........................................................................... 109
Composting of Shredded Government Documents ......................................... 109
Defense Security Cooperation Agency Programs ........................................... 109
Standards and Protocols on Countering Cybersecurity Incidents ................ 113
Zero Trust Architecture ................................................................................... 113
Noise Mitigation Communities Partnerships ................................................. 113
Local Media ....................................................................................................... 114
Operation and Maintenance, Army Reserve ...................................................... 114
Operation and Maintenance, Navy Reserve ...................................................... 117
Operation and Maintenance, Marine Corps Reserve ........................................ 120
Operation and Maintenance, Air Force Reserve ................................................ 123
Operation and Maintenance, Army National Guard ......................................... 126
Joint Force Headquarters Analysis Cells ....................................................... 130
Operation and Maintenance, Air National Guard ............................................. 130
National Guard Bureau State Website Modernization and Standardiza-
tion ................................................................................................................. 133
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United States Court of Appeals for the Armed Forces ..................................... 133
Environmental Restoration, Army ...................................................................... 133
Environmental Restoration, Navy ...................................................................... 133
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Environmental Restoration, Air Force ............................................................... 133
Environmental Restoration, Defense-Wide ........................................................ 134
Environmental Restoration, Formerly Used Defense Sites .............................. 134
Overseas Humanitarian, Disaster, and Civic Aid ............................................. 134
Humanitarian Assistance ................................................................................ 134
Spend Plan ........................................................................................................ 134
Cooperative Threat Reduction Account .............................................................. 135
Department of Defense Acquisition Workforce Development Account ............ 135
TITLE III. PROCUREMENT .................................................................................. 137
Reprogramming Guidance for Acquisition Accounts ......................................... 139
(Including Base and Overseas Contingency Operations Funding) ...............
Funding Increases ................................................................................................ 139
Procurement Special Interest Items ................................................................... 139
Autonomic Logistics Information System .......................................................... 139
Use of Advanced Procurement Funding ............................................................. 140
Aircraft Procurement, Army ................................................................................ 141
CH–47F Chinook Block II ................................................................................ 145
Degraded Visual Environment ........................................................................ 145
Missile Procurement, Army ................................................................................. 145
Procurement of Weapons and Tracked Combat Vehicles, Army ...................... 148
MK93 Machine Gun Mount ............................................................................. 152
Procurement of Ammunition, Army ................................................................... 152
Sustainment of Munitions ............................................................................... 156
Other Procurement, Army ................................................................................... 156
High Mobility Multipurpose Wheeled Vehicles .............................................. 166
Aircraft Procurement, Navy ................................................................................ 166
F/A–18 E/F Super Hornet Production ............................................................. 174
V–22 Nacelle Improvement Program .............................................................. 174
Weapons Procurement, Navy .............................................................................. 174
Procurement of Ammunition, Navy and Marine Corps .................................... 179
Shipbuilding and Conversion, Navy ................................................................... 182
TAO Fleet Oiler Program ................................................................................ 185
Ship to Shore Connector .................................................................................. 185
DDG–51 Multi Year Procurement ................................................................... 185
Other Procurement, Navy ................................................................................... 186
Private Contracted Ship Maintenance ............................................................ 198
Explosive Ordnance Disposal Equipment ....................................................... 198
Procurement, Marine Corps ................................................................................ 199
Automated Parts Screening and Selection Tool for Additive Manufac-
turing ............................................................................................................. 205
Aircraft Procurement, Air Force ......................................................................... 205
Open Skies Treaty and OC-135 Recapitalization .......................................... 211
Battlefield Airborne Communication Node .................................................... 211
LC–130H Aircraft ............................................................................................. 211
MQ–Next ........................................................................................................... 212
F–15EX .............................................................................................................. 212
C–130 Fleet Management Plan ....................................................................... 213
Critical Infrastructure Investments ................................................................ 213
Missile Procurement, Air Force .......................................................................... 213
Procurement of Ammunition, Air Force ............................................................. 217
Other Procurement, Air Force ............................................................................ 220
Procurement, Space Force ................................................................................... 225
Procurement, Defense-Wide ................................................................................ 228
Chemical Biological Situational Awareness ................................................... 234
Defense Production Act Purchases ..................................................................... 234
TITLE IV. RESEARCH, DEVELOPMENT, TEST AND EVALUATION ........... 235
Reprogramming Guidance for Acquisition Accounts ......................................... 237
(Including Base and Overseas Contingency Operations Funding) ...............
Funding Increases ................................................................................................ 237
Research, Development, Test and Evaluation Special Interest Items ............. 237
Federally Funded Research and Development Centers .................................... 237
Human Performance Optimization Research .................................................... 238
Research, Development, Test and Evaluation, Army ........................................ 238
Shoulder Launched Munitions ........................................................................ 254
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Advanced Manufacturing Center of Excellence ............................................. 254
Dengue Vaccine Development ......................................................................... 254
Army Artificial Intelligence Innovation Institute .......................................... 254
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Future Long-Range Assault Aircraft .............................................................. 254
Future Vertical Lift Sensor Payloads ............................................................. 255
Army Command Post ....................................................................................... 255
Armored Door Assist Systems ......................................................................... 255
Research, Development, Test and Evaluation, Navy ........................................ 255
Small Business Innovation Research Program .............................................. 275
Underground Fuel Storage Tank Research .................................................... 275
Advanced Tactical Unmanned Aircraft System ............................................. 275
Infrared Telescope Technology ........................................................................ 275
Anti-Corrosion Nanotechnology ....................................................................... 275
Ocean Acoustics ................................................................................................ 276
Foreign Object Damage .................................................................................... 276
Integrated Power and Energy Systems .......................................................... 276
Stern Tube Seals .............................................................................................. 276
Coastal Environmental Research .................................................................... 277
Navy Alternative Energy Research ................................................................. 277
Interference Mitigation Technology Test and Verification ............................ 277
Research, Development, Test and Evaluation, Air Force ................................. 277
Program Element Consolidation ..................................................................... 293
Hypersonics Prototyping .................................................................................. 293
Advanced Battle Management System ........................................................... 294
Minority Leaders Program ............................................................................... 296
Skyborg and Low-Cost Attritable Aircraft Technology ................................. 296
Affordable Multi-Functional Aerospace Composites ...................................... 296
Research, Development, Test and Evaluation, Space Force ............................. 296
Space Force Organization and Management .................................................. 301
Next Generation Overhead Persistent Infrared ............................................. 302
Overhead Persistent Infrared Enterprise Architecture ................................. 302
National Security Space Launch Program ..................................................... 302
Directed Energy Research Collaboration ........................................................ 303
Research, Development, Test and Evaluation, Defense-Wide .......................... 303
Hypersonic and Ballistic Tracking Space Sensor ........................................... 318
Distributed Ledger Technology Research and Development ........................ 318
Artificial Intelligence Partnerships ................................................................. 318
PFOS/PFOA Remediation Technologies ......................................................... 318
5G Telecommunications Technology ............................................................... 319
Full-Scale Space Test Facilities ....................................................................... 319
Ceramic-Matrix Composites for Hypersonics ................................................. 319
Global Food Security ........................................................................................ 320
Cyber Education Collaboratives ...................................................................... 320
Joint Hypersonics Transition Office ................................................................ 320
Mobile Microreactor Strategy .......................................................................... 321
High Energy Laser Endless Magazines .......................................................... 321
Rapid, Accurate, and Affordable Biodetection System .................................. 321
Academic Hypersonic Research, Test and Evaluation Facilities .................. 322
Artificial Intelligence Coordination ................................................................. 322
Women and Minorities in STEM Pipeline ...................................................... 322
Operational Test and Evaluation, Defense ........................................................ 323
TITLE V. REVOLVING AND MANAGEMENT FUNDS ..................................... 325
Defense Working Capital Funds ......................................................................... 325
Arsenal Security ................................................................................................... 325
Defense Counterintelligence and Security Agency Working Capital Fund ..... 325
TITLE VI. OTHER DEPARTMENT OF DEFENSE PROGRAMS ...................... 327
Defense Health Program ..................................................................................... 327
Reprogramming Guidance for the Defense Health Program ........................ 332
(Including Base and Overseas Contingency Operations Funding) ...........
Carryover .......................................................................................................... 332
Peer-Reviewed Cancer Research Programs .................................................... 332
Joint Warfighter Medical Research Program ................................................. 333
Combat Readiness Medical Research Program .............................................. 334
Electronic Health Records ............................................................................... 334
Military Health System Transformation ........................................................ 335
Descoping Military Treatment Facilities ........................................................ 336
Reduction of Military Billets ........................................................................... 337
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Reporting on Medical Readiness ..................................................................... 337
Metastatic Cancer Research ............................................................................ 338
Pancreatic Cancer Early Detection ................................................................. 338
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Alcohol and Substance Use Disorders ............................................................ 339
Maintaining a Highly-Skilled Workforce in Medical Research ..................... 339
Sexual Assault and Post-Traumatic Stress Disorder .................................... 339
Traumatic Brain Injury ................................................................................... 339
Nationwide Cancer Research at the Cancer Center at Walter Reed Na-
tional Military Medical Center .................................................................... 340
Sleep Disorders ................................................................................................. 341
Tricare Prime Availability ............................................................................... 341
Mental Health Professionals ........................................................................... 341
Armed Forces Retirement Homes and the Defense Health Agency ............. 341
Outdoor Recreation for Military Families ...................................................... 341
Peer-Reviewed Tickborne Disease Research .................................................. 342
Biorepositories .................................................................................................. 342
Global Health Security Preparedness ............................................................. 342
Servicemembers and Veterans with Amyotrophic Lateral Sclerosis ............ 342
Traumatic Injury .............................................................................................. 343
National Disaster Medical System Pilot ......................................................... 343
Collaboration with Minority Serving Health Institutions ............................. 344
Chemical Agents and Munitions Destruction, Defense ..................................... 344
Drug Interdiction and Counter-Drug Activities, Defense ................................. 344
Drug Interdiction and Counter-Drug Activities ............................................. 345
Office of the Inspector General ........................................................................... 346
TITLE VII. RELATED AGENCIES ....................................................................... 347
National and Military Intelligence Programs .................................................... 347
Classified Annex ............................................................................................... 347
Central Intelligence Agency Retirement and Disability System Fund ............ 347
Intelligence Community Management Account ................................................. 347
TITLE VIII. GENERAL PROVISIONS .................................................................. 349
TITLE IX. OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON
TERRORISM ........................................................................................................ 359
Committee Recommendation ............................................................................... 359
Reporting Requirements ...................................................................................... 359
Overseas Contingency Operations Justification Documents ............................ 360
Military Personnel ............................................................................................... 360
Operation and Maintenance ................................................................................ 366
Guantanamo Bay Detention Facility .............................................................. 376
Commanders’ Emergency Response Program ................................................ 376
Efforts to Minimize Civilian Casualties ......................................................... 376
Ex Gratia Payments ......................................................................................... 376
Afghanistan Security Forces Fund .................................................................. 376
Counter-Isis Train and Equip Fund ............................................................... 378
Procurement ......................................................................................................... 380
National Guard and Reserve Equipment Account ......................................... 389
Research, Development, Test and Evaluation ................................................... 389
Revolving and Management Funds .................................................................... 392
Defense Working Capital Funds ..................................................................... 392
Other Department of Defense Programs ............................................................ 392
Defense Health Program .................................................................................. 392
Office of the Inspector General ........................................................................ 392
General Provisions ............................................................................................... 392
HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS ................ 394
Statement of General Performance Goals and Objectives ................................ 394
Rescissions ............................................................................................................ 394
Transfer of Funds ................................................................................................. 395
Earmark Disclosure Statement ........................................................................... 397
Compliance with Rule XIII, Cl. 3(e) (Ramseyer Rule) ...................................... 397
Changes in the Application of Existing Law ..................................................... 402
Appropriations Not Authorized By Law ............................................................. 415
Comparison with the Budget Resolution ........................................................... 416
Five-Year Outlay Projections .............................................................................. 416
Financial Assistance to State and Local Governments ..................................... 416
Program Duplication ............................................................................................ 416
Committee Hearings ............................................................................................ 417
Full Committee Votes .......................................................................................... 419
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–453
DEPARTMENT OF DEFENSE APPROPRIATIONS BILL, 2021
JULY 16, 2020.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. VISCLOSKY of Indiana, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7617]
The Committee on Appropriations submits the following report in
explanation of the accompanying bill making appropriations for the
Department of Defense, and for other purposes, for the fiscal year
ending September 30, 2021.
BILL TOTALS
Appropriations for most military functions of the Department of
Defense are provided for in the accompanying bill for fiscal year
2021. This bill does not provide appropriations for military con-
struction, military family housing, civil defense, and military nu-
clear warheads, for which requirements are considered in connec-
tion with other appropriations Acts.
The President’s fiscal year 2021 budget request for activities
funded in the Department of Defense Appropriations Act totals
$698,320,572,000 in new budget obligational authority.
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38–849
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3
COMMITTEE BUDGET REVIEW PROCESS
During its review of the fiscal year 2021 budget request and exe-
cution of appropriations for fiscal year 2020, the Subcommittee on
Defense held ten hearings and one formal briefing during the pe-
riod of February 2020 to March 2020. Hearings were held in open
session, except when the security classification of the material to
be discussed presented no alternative but to conduct those hearings
in executive or closed session.
INTRODUCTION
The Committee recommendation for total fiscal year 2021 De-
partment of Defense funding is $694,624,692,000, which is an in-
crease of $1,294,992,000 above the fiscal year 2020 enacted level
and a decrease of $3,695,880,000 below the budget request. The
recommendation includes $626,189,692,000 in base funding and
$68,435,000,000 for overseas contingency operations/global war on
terrorism funding in title IX.
With this bill, the Committee has carried out its constitutional
responsibility to recommend the appropriations necessary to pro-
vide for the common defense of the Nation. The Committee per-
formed its role in a collegial and bipartisan fashion consistent with
long-standing traditions.
Oversight of the management and expenditure of the
$694,624,692,000 provided to the Department of Defense and the
Intelligence Community is a core function of the Defense Sub-
committee. The Subcommittee performed this responsibility with a
detailed review of the fiscal year 2021 budget request and, prior to
the ongoing public health crisis, held ten hearings with defense and
intelligence community witnesses to evaluate the budget request.
While the Subcommittee was forced to truncate its hearing
schedule, it has thoroughly reviewed the budget request and identi-
fied programs where reductions are possible without adversely af-
fecting the safety and effectiveness of military personnel. Examples
of such reductions include programs that have been restructured
since the budget was submitted, savings from favorable contract
pricing adjustments, contract or schedule delays resulting in sav-
ings, unjustified new programs and cost increases, funds requested
ahead of need for the year of budget execution, projected or histor-
ical underexecution, and rescissions of unneeded prior year funds.
The fiscal year 2021 request for the Department of Defense in-
creases funding for modernization, continuing the effort to reorient
the focus of the Department from counterterrorism to preparing for
a war with a technologically advanced and well-equipped peer or
near-peer military. The Committee recommendation provides the
resources to maintain the technological advantage which currently
exists for the United States and provides funding in areas to fur-
ther these efforts. However, the Committee recommendation also
reflects the importance of the people who may fight these new bat-
tles and continue prosecuting existing missions.
The Committee recommendation includes funding for the three
percent military pay raise. In the fiscal year 2020 request, the
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Committee was concerned by the reduction of funding in quality of
life areas such as such as childcare, and ultimately increased fund-
ing for these programs in the enacted legislation. Once again, the
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4
budget request proposes reductions in funding for childcare, as well
as reductions in funding for teacher-student ratios for the Depart-
ment of Defense Education Agency. The Committee is dismayed by
the contradiction of the Department rhetorically supporting mili-
tary families while continuing to reduce funding for the very pro-
grams on which they rely. Within the immense budget of the De-
partment, quality of life programs must not be the bill payers for
modernization.
Unfortunately, the cuts to quality of life programs are only one
example of the Department’s mismatch between its stated prior-
ities and its fiscal actions. Another example is the continued use
of defense funding to pay for the border wall. Two days after the
Administration’s release of the budget request for fiscal year 2021,
the Secretary of Defense directed the reprogramming of
$3,831,000,000 of fiscal year 2020 funds for the purpose of border
wall construction. Neither fiscal year 2019 nor 2020 included re-
quests from the Department of Defense for these activities. These
funds, which were explicitly appropriated by Congress for the pro-
curement of equipment for the Department of Defense, were redi-
rected for the construction of additional physical barriers and roads
along the southern border of the United States. In 2019, the
amount transferred from the original appropriated Department of
Defense funding accounts to the Army Corps of Engineers was
$6,100,000,000. Due to what has become an annual occurrence for
the Department to transfer funding and circumvent its use for pur-
poses other than what the funding was appropriated for, the Com-
mittee’s skepticism about the Defense budget has grown. Depart-
ment leadership has claimed that three to five percent annual real
growth in the defense budget is necessary to support the National
Defense Strategy while transferring nearly $10,000,000,000 for
non-defense activities not enumerated within the National Defense
Strategy. The Committee condemns these decisions, as well as re-
peated requests for more flexibility within the budget structure and
reprogramming authorities to increase the ability of the Depart-
ment of Defense to realign funding among different activities, with
or without seeking prior congressional approval. The granting of
additional budget flexibility to the Department is based on the pre-
sumption that a state of trust and comity exists between the legis-
lative and executive branches regarding the proper use of appro-
priated funds. This presumption presently is false.
In a continuing effort to circumvent the budget caps in the Budg-
et Control Act, the Overseas Contingency Operations (OCO) re-
quest for fiscal year 2021 once again includes a total of
$16,000,000,000 for base activities. The budget caps and firewall
between defense and non-defense funding will cease to exist in fis-
cal year 2022. The Department recognizes this impending budget
construct in its future years defense program with $20,000,000,000
projected in OCO budgets for fiscal years 2022 and 2023 and
$10,000,000,000 for fiscal years 2024 and 2025. With the possibility
of significantly fewer deployed American servicemembers in Af-
ghanistan combined with more training exercises and less contin-
gencies, activities funded in the past by OCO could very well be
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supported within base accounts in the future. For these reasons,
the Committee believes that the Department should cease request-
ing funding for the OCO accounts following this fiscal year. The
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5
traditional manner of funding contingency operations through
supplementals should return. The OCO experiment has been an ab-
ject failure and has given the Department a budgetary relief valve
that has allowed it to avoid making difficult decisions.
Finally, the Committee recommendation expresses concerns with
various pilot programs, programs of record, the radical restruc-
turing of military health care, and the lack of budget transparency.
The lateness of reports directed by the Committee has become more
common in fiscal year 2020 and reinforces the dismissive attitude
toward oversight exhibited by the Department. The Department
has repeatedly approached the expenditure of funding without re-
gard to congressional intent or the purpose for which funding has
been appropriated. Increasingly, the Department is moving away
from a partnership with the Committee in providing for the com-
mon defense. The Department of Defense has benefitted from large
budget increases since fiscal year 2017, and this budgetary growth
has been accompanied by a decline in transparency and cooperation
with Congress. When coupled with the Department’s disturbing ac-
tions over the past two years to fund the border wall, the con-
travention of the constitutional authority of the United States Con-
gress has now become habitual. The Committee finds this to be
both unacceptable and unsustainable.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
For the purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99–177), as amended by the Bal-
anced Budget and Emergency Deficit Control Reaffirmation Act of
1987 (Public Law 100–119), and by the Budget Enforcement Act of
1990 (Public Law 101–508), the terms ‘‘program, project, and activ-
ity’’ for appropriations contained in this Act shall be defined as the
most specific level of budget items identified in the Department of
Defense Appropriations Act, 2021, the related classified annexes
and Committee reports, and the P–1 and R–1 budget justification
documents as subsequently modified by congressional action.
The following exception to the above definition shall apply: the
military personnel and the operation and maintenance accounts,
for which the term ‘‘program, project, and activity’’ is defined as the
appropriations accounts contained in the Department of Defense
Appropriations Act.
At the time the President submits the budget request for fiscal
year 2022, the Secretary of Defense is directed to transmit to the
congressional defense committees budget justification documents to
be known as the M–1 and O–1, which shall identify, at the budget
activity, activity group, and sub-activity group level, the amounts
requested by the President to be appropriated to the Department
of Defense for military personnel and operation and maintenance
in any budget request, or amended budget request, for fiscal year
2022.
REPROGRAMMING GUIDANCE FOR BASE AND OVERSEAS CONTINGENCY
OPERATIONS FUNDING
The Secretary of Defense is directed to continue to follow the re-
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programming guidance for acquisition accounts as specified in the
report accompanying the House version of the Department of De-
fense Appropriations bill for Fiscal Year 2008 (House Report 110–
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279). The dollar threshold for reprogramming funds shall be
$10,000,000 for military personnel; operation and maintenance;
procurement; and research, development, test and evaluation.
Additionally, the Under Secretary of Defense (Comptroller) is di-
rected to continue to provide the congressional defense committees
annual DD Form 1416 reports for titles I and II and quarterly,
spreadsheet-based DD Form 1416 reports for Service and defense-
wide accounts in titles III and IV of this Act. Reports for titles III
and IV shall comply with guidance specified in the explanatory
statement accompanying the Department of Defense Appropria-
tions Act, 2006. The Department shall continue to follow the limita-
tion that prior approval reprogrammings are set at either the speci-
fied dollar threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined value
of transfers into or out of a military personnel (M–1); an operation
and maintenance (O–1); a procurement (P–1); or a research, devel-
opment, test and evaluation (R–1) line exceeds the identified
threshold, the Secretary of Defense must submit a prior approval
reprogramming to the congressional defense committees. In addi-
tion, guidelines on the application of prior approval reprogramming
procedures for congressional special interest items are established
elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in the tables for each appropria-
tion account shall be provided only for the specific purposes indi-
cated in the tables.
CONGRESSIONAL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or items for
which funding is specifically reduced as shown in the project level
tables or in paragraphs using the phrase ‘‘only for’’ or ‘‘only to’’ in
this report are congressional special interest items for the purpose
of the Base for Reprogramming (DD Form 1414). Each of these
items must be carried on the DD Form 1414 at the stated amount,
as specifically addressed in the Committee report.
DESIGNATED CONGRESSIONAL SPECIAL INTEREST ITEMS
The Committee is concerned about the prevalence with which the
Services and Defense agencies utilize congressional program in-
creases to fund overhead costs within the Department of Defense.
Increased program funding inherently requires an enhanced level
of contracting, program management, and engineering costs. How-
ever, the Committee is dismayed that upwards of forty to fifty per-
cent of certain congressional program increases have been applied
towards full-time equivalents (FTE) and contracting costs to man-
age relatively small program increases. In some cases, the Com-
mittee has become aware of instances when FTE costs are charged
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to a congressional program increase when it is evident that those
FTE do not work solely on that program, nor does the program re-
quire the level of FTE proposed by the Department.
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It has become clear to the Committee that, in some cases, the
Department is using congressional program increases to supplant
budgeted overhead costs, which ultimately enables that budgeted
funding to be used for Department activities not necessarily ap-
proved by the Committee. Therefore, the Committee directs the
Secretary of Defense to limit Department overhead costs on con-
gressional program increases to not more than 10 percent of the
funding level provided. The Service Secretaries and the Under Sec-
retary of Defense (Acquisition and Sustainment) may waive this re-
quirement by submitting a prior approval request in writing to the
House and Senate Appropriations Committees.
GENERAL TRANSFER AUTHORITY AND SPECIAL TRANSFER AUTHORITY
The Department of Defense, as part of the Executive Branch, has
historically had a relationship with the Congress based on mutual
trust, comity, professionalism, and a general desire to ensure the
public good that is the defense of the United States and its inter-
ests. While the bounds of this relationship have been tested in the
past, its tenets have not been blatantly forsaken until recently.
Given the recent breach of trust embodied in the misuse of appro-
priated funds by the current Administration; the Congress, exer-
cising its constitutional responsibility to oversee the Executive
Branch, must improve its understanding of the Department’s appli-
cation of transfer authority and reprogramming actions as the De-
partment executes the budget authority granted it by the Congress.
The Committee directs the Secretary of Defense to submit a re-
port to the House and Senate Appropriations Committees not later
than 60 days after the enactment of this Act which shall include
the following:
1) The levels of General Transfer Authority (GTA)—granted in
title VIII in annual defense appropriations acts—and Special
Transfer Authority (STA)—granted in title IX in annual defense
appropriations acts—provided to the Department of Defense by fis-
cal year for the last ten fiscal years. In addition to the overall lev-
els of appropriated GTA and STA, the report shall include the por-
tion of authorized GTA and STA that was utilized by the Depart-
ment by fiscal year and specify the percentage of the total GTA and
STA that was used for below threshold reprogramming actions;
2) The portion of GTA and STA, by fiscal year for the last ten
fiscal years, used for reclassification purposes or to make technical
corrections, where, via reprogramming, the Department was not
proposing to change the purpose for which the funds were appro-
priated but was merely moving the funding to better reflect and ob-
ligate consistent with congressional intent;
3) The portion of GTA and STA, by fiscal year for the last ten
fiscal years, appropriated to the Department of Defense, trans-
ferred to, and subsequently implemented by a Department or agen-
cy other than one funded in this Act;
4) The level of GTA and STA, by fiscal year for the last ten fiscal
years, used for actions submitted to address urgent mission critical
requirements, unforeseen circumstances of an urgent nature (such
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as the unanticipated mobilization and movement of military per-
sonnel to a conflict zone, or investments included in joint urgent
operational needs statements), or for life safety; and
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5) The portion of GTA and STA, by fiscal year for the last ten
fiscal years, used to address non-mission critical contract awards,
to fund initiatives or investments included in operational needs
statements, to accelerate existing acquisition programs, to procure
quantities of equipment and/or services originally planned for pur-
chase in future years, and/or to augment previously planned re-
search and development efforts.
CLASSIFIED ANNEX
Adjustments to the classified programs are addressed in the clas-
sified annex accompanying this report.
COMMITTEE RECOMMENDATIONS BY MAJOR CATEGORY
ACTIVE, RESERVE AND NATIONAL GUARD MILITARY PERSONNEL
In title I of the bill, the Committee recommends a total of
$157,726,652,000 for active, reserve, and National Guard military
personnel, a decrease of $1,168,452,000 below the budget request,
and an increase of $7,463,770,000 above the fiscal year 2020 en-
acted level. The Committee recommendation provides full funding
necessary to increase basic pay for all military personnel by three
percent, as authorized by current law, effective January 1, 2021.
OPERATION AND MAINTENANCE
In title II of the bill, the Committee recommends a total of
$196,703,001,000 for operation and maintenance support to the
military Services and other Department of Defense entities, an in-
crease of $72,505,000 above the budget request, and a decrease of
$2,712,414,000 below the fiscal year 2020 enacted level. The rec-
ommended levels will fund robust operational training, readiness,
and facilities needs in fiscal year 2021.
PROCUREMENT
In title III of the bill, the Committee recommends a total of
$133,633,757,000 for procurement.
Major initiatives and modifications include:
$866,296,000 for the procurement of 42 UH/HH 60M Blackhawk
helicopters, an increase of six helicopters designated for the Na-
tional Guard;
$1,164,152,000 for the Stryker combat vehicle including
$375,000,000 above the request to upgrade an additional 105 vehi-
cles;
$792,027,000 for the procurement of 50 remanufactured AH 64
Apache helicopters;
$198,000,000 for the first five CH–47F Block II Chinook aircraft;
$1,020,389,000 for the upgrade of 89 Abrams tanks to the M1A2
SEPv3 tank variant;
$1,725,400,000 for the procurement of 24 F/A–18E/F Super Hor-
net aircraft;
$510,000,000 for the procurement of three P–8A Poseidon multi-
mission aircraft for the Navy Reserve; an increase of three aircraft
and $429,866,000 above the President’s request;
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$791,140,000 for the procurement of five E–2D Advanced Hawk-
eye aircraft, an increase of one aircraft and $165,031,000 above the
President’s request;
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$1,142,732,000 for the procurement of 11 V–22 aircraft, an in-
crease of two aircraft and $207,939,000 above the President’s re-
quest;
$1,050,634,000 for the procurement of nine CH–53K helicopters,
an increase of two aircraft and $237,310,000 above the President’s
request;
$577,638,000 for the procurement of five VH–92 executive heli-
copters; $9,254,291,000 for the procurement of 91 F–35 aircraft, an
increase of $1,396,100,000 and 12 aircraft above the President’s re-
quest: 10 short take-off and vertical landing variants for the Ma-
rine Corps, 21 carrier variants for the Navy and Marine Corps, and
60 conventional variants for the Air Force;
$22,157,938,000 for the procurement of nine Navy ships, includ-
ing two DDG–51 guided missile destroyers, one Columbia class
submarine, two SSN–774 attack submarines, one Frigate, one
LPD–17 Flight II, and two Towing, Salvage, and Rescue Ships; a
total increase of $2,355,181,000 and one SSN–774 above the Presi-
dent’s request;
$1,242,247,000 for the procurement of 12 F–15EX aircraft;
$965,496,000 for the procurement of 11 C/MC/KC–130J aircraft,
an increase of $184,574,000 and two C–130J aircraft above the
President’s request;
$343,600,000 for the procurement of 16 MQ–9 Reaper unmanned
aerial vehicles, an increase of 16 aircraft above the President’s re-
quest;
$2,707,380,000 for the procurement of 15 KC–46 tanker aircraft;
$1,083,909,000 for the procurement of 19 combat rescue heli-
copters;
$194,016,000 for the procurement of eight MH–139 helicopters;
$933,271,000 for the procurement of three space launch services;
$622,796,000 for the procurement of two Global Positioning Sys-
tem satellites; and
$200,000,000 for the Israeli Cooperative Programs under the
Missile Defense Agency.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
In title IV of the bill, the Committee recommends a total of
$104,348,089,000 for research, development, test and evaluation.
Major initiatives and modifications include:
$306,682,000 for the continued development of the Columbia
class ballistic missile submarine;
$1,052,792,000 for the continued development of the precision
strike weapons development program;
$256,970,000 for the continued development of the unmanned
carrier aviation program;
$406,406,000 for the continued development of the CH–53K heli-
copter;
$1,717,223,000 for the continued development of the F–35 Light-
ning Joint Strike Fighter aircraft;
$2,848,410,000 for the continued development of the B–21 bomb-
er;
$800,889,000 for the development of a Presidential Aircraft Re-
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placement;
$513,501,000 for the design, build, and test of prototypes for the
Army’s Future Attack Reconnaissance Aircraft;
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$811,417,000 for planning, prototype manufacturing, and testing
of the Army’s Long Range Hypersonic Weapon;
$420,963,000 for the Army’s Extended Range Cannon Artillery
(ERCA) modernization effort;
$560,978,000 for space launch services;
$258,496,000 for the Global Positioning System IIIF;
$481,999,000 for the Global Positioning System III Operational
Control Segment;
$2,318,864,000 for the Next-Generation Overhead Persistent In-
frared system;
$3,511,848,000 for the Defense Advanced Research Projects
Agency; and
$300,000,000 for the Israeli Cooperative Programs under the
Missile Defense Agency.
DEFENSE HEALTH PROGRAM
The Committee recommends a total of $33,297,902,000 for the
Defense Health Program to support worldwide medical and dental
services for active forces and other eligible beneficiaries.
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
REQUIREMENTS
In title IX of the bill, the Committee recommends a total of
$68,435,000,000 for overseas contingency operations/global war on
terrorism (OCO/GWOT) requirements.
Military Personnel: The Committee recommends a total of
$4,602,593,000 for military personnel OCO/GWOT requirements in
title IX of the bill.
Operation and Maintenance: The Committee recommends a total
of $57,824,499,000 for operation and maintenance OCO/GWOT re-
quirements in title IX of the bill.
Procurement: The Committee recommends a total of
$6,473,543,000 for procurement OCO/GWOT requirements in title
IX of the bill.
Research, Development, Test and Evaluation: The Committee
recommends a total of $321,508,000 for research, development, test
and evaluation OCO/GWOT requirements in title IX of the bill.
CIVILIAN CYBER WORKFORCE
The Committee recognizes that the Department of Defense has
challenges hiring individuals with the necessary security clear-
ances to work in the cyber environment and encourages the Sec-
retary of Defense to find innovative solutions to increase the civil-
ian cyber workforce. The Committee believes that the Department
of Defense should collaborate with colleges and universities to re-
cruit college students during their junior or senior years, with the
intent that upon graduation the student will have a completed se-
curity clearance.
The Committee notes the Secretary of Defense is required to sub-
mit a report on Department-wide efforts to increase recruitment of
cyber-focused individuals and to increase the throughput of secu-
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rity clearances to grow the number of approved requisite applicants
as directed in House Report 116–84. The Committee understands
the Department expects to develop an implementation plan and
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11
provide an interim report by the end of September 2020. The Com-
mittee expects the Secretary of Defense to update the congressional
defense committees with any changes to the anticipated date of
completion for the implementation plan and interim report.
INITIATING OPERATIONS
The Committee is concerned about the lack of information the
Department of Defense provides to the Congress prior to and after
initiating new operations and has been disappointed with the time-
liness and completeness of the reports the Department is required
to provide about troop deployments and new named and unnamed
operations. The Committee recommendation includes language in
section 8131 to address this disconnect by requiring the Secretary
of Defense to provide a report to the congressional defense commit-
tees within three days after such deployments. The language per-
tains to ‘‘significant’’ deployments; in this case, significant is de-
fined as deployments of 100 personnel or more. The Committee rec-
ommendation includes language which allows for the report to in-
clude a classified annex, if necessary.
CORONAVIRUS DISEASE 2019
With the advent of the recent novel coronavirus pandemic, much
has changed in the United States and across the world. The
Coronavirus Disease 2019 (COVID–19) has impacted every aspect
of society and the United States military and industrial base have
not been immune from the pandemic. The Committee is grateful to
the servicemembers and the civilians on the front lines fighting
and protecting the American people against this disease.
The Committee has worked with the Department to determine
the appropriate level of supplemental funding required to address
unforeseen requirements facing the Department in response to
COVID–19. As such, for fiscal year 2020, Congress provided the
Department of Defense $82,000,000 in the Families First
Coronavirus Response Act and $10,503,674,000 in the Coronavirus
Aid, Relief, and Economic Security (CARES) Act.
The Committee appreciates the updates the Department has pro-
vided on the obligation and execution of these supplemental funds
and understands there may be additional costs to address the pan-
demic in the future. Therefore, the Committee recommendation for
fiscal year 2021 includes $758,000,000 in procurement for COVID–
19 recovery for second, third, and fourth tier suppliers;
$450,000,000 in operation and maintenance for COVID–19 recovery
and resupply; and $150,000,000 in the Defense Health Program for
COVID–19 response. The Committee directs the Secretary of De-
fense and the Service Secretaries to provide quarterly updates to
the congressional defense committees, beginning October 20, 2020,
on COVID–19-related expenses incurred in the previous quarter.
The report shall include a breakout of obligations by account, budg-
et activity, and sub-activity; and the number of personnel deployed
to assist in mitigation efforts. The Committee also understands
COVID–19 has caused schedule delays in several programs and in
some cases has adversely impacted the Department’s ability to exe-
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cute funding. Therefore, due to the lack of historical data or
metrics to accurately project when funds may obligate or when
schedules may resume, the report shall include any savings the De-
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12
partment and Services may attain through delayed or cancelled
events or activities, such as training, exercises, or deployments.
Related to the defense industrial base (DIB), the CARES Act in-
cluded funding for the Defense Production Act (DPA) of 1950,
which provides a broad set of authorities to ensure that domestic
industry can meet national defense requirements. Of the amounts
appropriated to the Department of Defense, $1,000,000,000 was
provided for DPA to prevent, prepare for, and respond to
coronavirus, domestically or internationally. While the Department
plans to execute a portion of that funding for personal protective
equipment (PPE) as intended by Congress, most of the funds will
be used to address the impact of COVID–19 on the DIB, which was
not the original intent of the funds. The Department’s own esti-
mates indicate that the total domestic consumption of N95 masks
is as high as 3,300,000,000. The Committee’s expectation was that
the Department would address the need for PPE industrial capac-
ity rather than execute the funding for the DIB. Furthermore, the
Department plans to execute $100,000,000 of CARES Act DPA
funding to make loans to private companies which has not been
done for several decades under the DPA. The Committee is con-
cerned that this funding will not support increased medical supply
production, as intended by the additional CARES Act funding. The
Committee recommends $191,931,000 in this Act to support DPA
activities to expand production capacity and supply and to
incentivize the domestic industrial base to grow the production and
supply of critical materials and goods. The recommendation does
not include additional DPA funding to support COVID–19 efforts.
Beyond the obligation and expenditure reports, leaders across the
Department of Defense have made an effort to keep the Committee
informed on the impacts of COVID–19. While the Committee ap-
preciates the level of engagement on the Department’s efforts to re-
spond to COVID–19, the Department’s planning and preparation
for such a health emergency is of concern. Despite having long-
standing policies and plans for pandemic response, it is unclear if
these have been effective. For example, the Department of Defense
Instruction on the National Disaster Medical System (NDMS) is in
place to guide the Department in responding to or providing assist-
ance during other disasters, but little mention of the NDMS has
been made in responding to COVID–19, and it is unclear what role,
if any, the NDMS has had. The Secretary of Defense must capture
lessons learned from this pandemic and update policy and planning
documents to ensure that the most relevant and actionable instruc-
tions are published and updated for future health emergencies.
It is also concerning that the Department continues to move for-
ward with the most significant medical restructuring of the Mili-
tary Health System in decades. Prior to the pandemic, the Com-
mittee expressed concerns about the Department’s plans to shed
medical military billets and descope military treatment facilities
(MTFs), and those concerns are more acute now. The Committee
recommendation denies the Department’s fiscal year 2021 request
of $334,613,000 to replace uniformed medical providers with civil-
ians or contractors, and restores $36,260,000 for the Department to
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continue supporting MTFs that had been proposed to be descoped.
Lastly, the COVID–19 global pandemic has exposed
vulnerabilities in America’s ability to prevent, prepare for, and re-
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13
spond to future pandemics. For example, the Committee is aware
of vulnerabilities in America’s reliance on foreign-sourced supplies
of active pharmaceutical ingredients and their chemical compo-
nents, and more generally, the nation’s reliance on off-shore drug
production. The Committee encourages the Secretary of Defense,
the Director of the Defense Advanced Research Projects Agency,
and the Director of the Biomedical Advanced Research and Devel-
opment Authority to cooperatively research areas of mutual inter-
est to address public health vulnerabilities, secure a national stock-
pile of life-saving drugs, and address vulnerability points for the
military.
As the Committee’s fiscal year 2021 recommendation is written
in the pandemic’s midst, the Committee notes that, in just a few
months, COVID–19 has claimed more American lives than were
lost during World War I. The economic destruction is stark enough
to draw comparisons to the Great Depression of the 1930s. Only
time will tell what ultimate damage will be done, but the Com-
mittee will not waiver in its support for the men and women in
uniform as well as civilians working to protect the United States
from this or any other enemy.
DOMESTIC MANUFACTURING REQUIREMENTS FOR NAVY SHIPBUILDING
The Committee consistently has expressed its concern with the
Department of the Navy sourcing surface ship components from
foreign industry partners rather than promoting a robust domestic
industrial base. To address these concerns, the Committee retains
several provisions from fiscal year 2020 and a new provision that
expands the domestic manufacturing requirement for several class-
es of ships under development. Absent stringent contract require-
ments in these future surface ship classes, the Committee lacks
confidence that the Navy will make the necessary decisions and
provide the required resources to support a robust domestic indus-
trial base.
LITTORAL COMBAT SHIP DECOMMISSIONS
The Committee is concerned with the Navy’s proposal to decom-
mission the first four Littoral Combat Ships well before the end of
their service lives. The Navy continues to assert a goal of 355
ships, even though annual budget requests do not support this po-
sition. Additionally, the Committee believes it is shortsighted for
the Navy to always procure new ships, rather than effectively
maintaining and upgrading the ships currently in the Navy’s in-
ventory. Therefore, the Committee recommendation includes a pro-
vision which prohibits the use of funds for the purpose of decom-
missioning any Littoral Combat Ships.
The Committee is also concerned with the lack of a United States
naval ship presence in Central and South America and believes
that Littoral Combat Ships could be effective for the missions re-
quired in the Southern Command area of responsibility. The Com-
mittee directs the Secretary of the Navy to submit a report to the
congressional defense committees not later than 30 days after the
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enactment of this Act on what upgrades would be required for
these ships to effectively conduct operations in the Southern Com-
mand area of responsibility.
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COMPLIANCE WITH CONGRESSIONALLY DIRECTED REPORTS
The Committee is concerned the Department of Defense consist-
ently does not comply with many of the reporting requirements
contained in prior Department of Defense Appropriations Acts.
Such reports are often submitted beyond the deadline or, in some
cases, not at all. These reports are essential to the Committee’s
ability to carry out its legislative and oversight responsibilities.
The Committee encourages the Secretary of Defense to review the
Department’s processes with respect to such requirements and
make management changes necessary for the Department to sub-
mit these reports in a complete and timely manner.
BUY AMERICA AND THE BERRY AMENDMENT
The Committee supports the Berry Amendment which promotes
the purchase of goods that are produced in the United States and
requires the Department of Defense to purchase items such as fab-
rics, textiles, clothing, food, and hand tools from domestic sources.
The importance of this requirement is underscored by the COVID–
19 pandemic and the need to ensure domestic production of per-
sonal protective equipment. The purchase of noncompliant items
may result in a violation of the Antideficiency Act. The Berry
Amendment applies unless acquisitions are at or below the sim-
plified acquisition threshold, there is a domestic non-availability
determination, or an exception of compliance applies. Requests for
a waiver to the Berry Amendment based on national security inter-
ests may be submitted to the Under Secretary of Defense (Acquisi-
tion and Sustainment). However, a listing of the waivers received,
and the determination decisions of those waivers has not been
shared with the Committee, and a reporting mechanism has not
been established. Therefore, the Committee directs the Under Sec-
retary of Defense (Acquisition and Sustainment) to submit a report
to the House and Senate Appropriations Committees, not later
than 90 days after the enactment of this Act and quarterly there-
after, which includes all Berry amendment waiver requests sub-
mitted during the previous quarter and the determination of each
waiver request. The report shall include, at a minimum, the Serv-
ice or defense-wide account impacted, the date of the decision, and
the reasons for approval or denial of the waiver request.
RENAMING INSTITUTIONS
The Committee directs the Secretary of Defense, in conjunction
with the Service Secretaries, not later than one year after the en-
actment of this Act to:
1) complete the renaming process of any military installa-
tion (as defined in section 2801(c) of title 10, United States
Code) or real property, that is currently named after any per-
son who served in the political or military leadership of any
armed rebellion against the United States;
2) commence the renaming of each covered military installa-
tion and covered defense property; and
3) provide a report to the congressional defense committees
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that includes a detailed description of the process to be used
by the respective Service Secretary to develop a list of potential
names for renaming covered military installations and covered
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15
defense property; and an explanation regarding whether or not
the respective Service Secretary established, or will establish,
an advisory panel to support the review process to make rec-
ommendations to the respective Secretary. If the respective
Secretary has established, or will establish, an advisory panel,
the report shall include the names and positions of the individ-
uals who will serve on the advisory panel.
If the Secretary of Defense, in conjunction with the relevant
Service Secretaries, creates advisory panels to assist in the renam-
ing process, the advisory panels shall consist of military leadership
from covered military installations; military leadership from mili-
tary installations containing covered defense property; state leaders
and leaders of the locality in which a covered military installation
or covered defense property is located; representatives from mili-
tary museums, military historians, or relevant historians from the
impacted states and localities with relevant expertise; and commu-
nity civil rights leaders.
The Committee is certain the necessary funds exist in the budget
to effect these changes with sufficient haste.
LAW ENFORCEMENT TRAINING
The Committee notes that the Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2021 directs the Attorney
General to establish a training program to cover the use of force
and de-escalation, racial profiling, implicit bias, and procedural jus-
tice, to include training on the duty of federal law enforcement offi-
cers to intervene in cases where another law enforcement officer is
using excessive force, and make such training a requirement for
federal law enforcement officers. The Committee further notes that
each of the Services, the civilian entities that provide security, and
the Pentagon Force Protection Agency (PFPA) funded by this Act
are considered federal law enforcement officers and Federal Law
Enforcement Training Centers partner organizations. The Com-
mittee directs the Secretary of Defense, the Service Secretaries, the
civilian entities, and the PFPA to adopt and follow the training
program established by the Attorney General, and to make such
training a requirement for its federal law enforcement officers and
any contractors providing security. The Committee further directs
the Secretary of Defense, the Service Secretaries, and the PFPA to
brief the House and the Senate Appropriations Committees on
their efforts relating to training not later than 90 days after the
Attorney General has established such a training program.
In addition, the Committee directs the Service Secretaries, the ci-
vilian entities, and the PFPA, to the extent that each have not al-
ready done so, to develop policies and procedures to submit their
use of force data to the Federal Bureau of Investigation (FBI)’s Na-
tional Use of Force Data Collection database. The Committee fur-
ther directs the Secretary of Defense and the Service Secretaries to
brief the House and the Senate Appropriations Committees not
later than 90 days after the enactment of this Act on their current
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efforts to tabulate and submit its use of force data to the FBI.
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TITLE I
MILITARY PERSONNEL
The fiscal year 2021 Department of Defense military personnel
budget request totals $158,895,104,000. The Committee rec-
ommendation provides $157,726,652,000 for the military personnel
accounts. The table below summarizes the Committee recommenda-
tions:
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(17)
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MILITARY PERSONNEL OVERVIEW
The Committee recommendation provides $157,726,652,000 for
the military personnel accounts, which funds military pay and al-
lowances, recruitment and retention initiatives, and overall quality
of life programs for active duty, National Guard, and reserve per-
sonnel. The recommendation provides increased basic pay for all
military personnel by 3 percent as authorized by current law, effec-
tive January 1, 2021. The Committee continues to encourage con-
structive evaluations of recruitment and retention programs, bonus
and special pay incentives, and personnel benefit programs for fis-
cal year 2021. The Committee remains supportive of programs in-
tended to enhance the morale and quality of life of military per-
sonnel and their families.
SUMMARY OF END STRENGTH
The fiscal year 2021 budget request includes an increase of
12,000 in total end strength for the active forces and an increase
of 1,200 in total end strength for the Selected Reserve as compared
to the fiscal year 2020 authorized levels. The following tables sum-
marize the Committee recommendations for end strength levels,
both in the aggregate and for each active and Selected Reserve
component.
OVERALL ACTIVE END STRENGTH
Fiscal year 2020 authorized .............................................................. 1,339,500
Fiscal year 2021 budget request ....................................................... 1,351,500
Fiscal year 2021 recommendation ..................................................... 1,351,500
Compared with fiscal year 2020 ................................................. 12,000
Compared with fiscal year 2021 budget request ...................... –––
OVERALL SELECTED RESERVE END STRENGTH
Fiscal year 2020 authorized .............................................................. 800,800
Fiscal year 2021 budget request ....................................................... 802,000
Fiscal year 2021 recommendation ..................................................... 802,000
Compared with fiscal year 2020 ................................................. 1,200
Compared with fiscal year 2021 budget request ...................... –––
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SUMMARY OF MILITARY PERSONNEL END STRENGTH
Fiscal year 2021
Fiscal
year 2020 Change from
Budget Committee Change from
authorized fiscal year
Request Recommended request 2020
Active Forces (End Strength)
Army ............................................................. 480,000 485,900 485,900 ––– 5,900
Navy .............................................................. 340,500 347,800 347,800 ––– 7,300
Marine Corps ................................................ 186,200 184,100 184,100 ––– ¥2,100
Air Force ....................................................... 332,800 333,700 333,700 ––– 900
Total, Active Forces ............................. 1,339,500 1,351,500 1,351,500 ––– 12,000
Guard and Reserve Forces (End Strength)
Army Reserve ................................................ 189,500 189,800 189,800 ––– 300
Navy Reserve ................................................ 59,000 58,800 58,800 ––– ¥200
Marine Corps Reserve .................................. 38,500 38,500 38,500 ––– 0
Air Force Reserve ......................................... 70,100 70,300 70,300 ––– 200
Army National Guard .................................... 336,000 336,500 336,500 ––– 500
Air National Guard ....................................... 107,700 108,100 108,100 ––– 400
Total, Selected Reserve ....................... 800,800 802,000 802,000 ––– 1,200
Total, Military Personnel ....................................... 2,140,300 2,153,500 2,153,500 0 13,200
REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS
FUNDING)
The Secretary of Defense is directed to submit the Base for Re-
programming (DD Form 1414) for each of the fiscal year 2021 ap-
propriations accounts not later than 60 days after the enactment
of this Act. The Secretary of Defense is prohibited from executing
any reprogramming or transfer of funds for any purpose other than
originally appropriated until the aforementioned report is sub-
mitted to the House and Senate Defense Appropriations Sub-
committees.
The Secretary of Defense is directed to use the normal prior ap-
proval reprogramming procedures to transfer funds in the Services’
military personnel accounts between budget activities in excess of
$10,000,000.
MILITARY PERSONNEL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level tables or in
paragraphs using the phrase ‘‘only for’’ or ‘‘only to’’ in this report
are congressional special interest items for the purpose of the Base
for Reprogramming (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount as specifically
addressed in the Committee report. Below threshold
reprogrammings may not be used to either restore or reduce fund-
ing from congressional special interest items as identified on the
DD Form 1414.
MINORITY OUTREACH AND OFFICER ACCESSIONS
Minorities remain underrepresented in the general officer ranks
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across the Services. To build a more diverse organization, the Com-
mittee supports efforts to conduct effective outreach and recruiting
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21
programs focused on increasing officer accessions in minority com-
munities and encourages the Secretary of Defense and the Service
Secretaries to support efforts, with both personnel and resources,
to improve diversity in the military.
RECOGNIZING DIVERSITY IN THE MILITARY
The Committee believes that the Department of Defense should
recognize diversity in the military and ensure that the entertain-
ment and publishing industries accurately depict this reality. The
Committee encourages the Secretary of Defense to work with the
production and publishing companies to which the Department pro-
vides consultation services to ensure an accurate portrayal of diver-
sity in the military. The Committee directs the Secretary of De-
fense to submit a report to the congressional defense committees
not later than 120 days after the enactment of this Act that details
the production and publishing companies the Department worked
with in fiscal year 2020, with an accounting of the diversity of the
film set for all workers broken down by ‘‘above-the-line’’ workers in-
cluding but not limited to the directors, producers, and actors, as
well as the ‘‘below-the-line’’ workers like set designers, camera op-
erators, and sound engineers. This data shall be presented in a
disaggregated manner by race, ethnicity, and gender to provide a
clear depiction of diversity on set.
CULTURAL SENSITIVITY TRAINING
The Committee recognizes that the Department of Defense and
the military Services have multiple cultural sensitivity training
programs for military personnel and is concerned that the fiscal
year 2021 budget request reduces funding for some of these impor-
tant programs. The Committee also believes in the importance of
protecting servicemembers’ rights regarding exercise of religion and
ethnic heritage. As such, the Committee supports efforts to identify
resource and personnel gaps that may exist in the Office for Diver-
sity, Equity, and Inclusion of the Department of Defense as well as
efforts to identify existing gaps in protections for new and prospec-
tive servicemembers.
TRAUMA TRAINING PROGRAM
The Committee recognizes the valuable support that universities,
hospitals, and other military partners provide by offering civilian
based emergency response trauma and critical care training includ-
ing public health, bio-environmental, and biomedical instruction to
sustain capabilities of the National Guard Enhanced Response
Forces Packages, National Guard Homeland Response Forces, and
Army Reserve Consequence Management Response Forces. The
Committee encourages the Director of the National Guard Bureau
and the Chiefs of the reserve components to continue pursuing ad-
vanced trauma and public health training with these civilian part-
ners in order to maintain unit readiness. The Committee also en-
courages the development of enhanced medical and critical care
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preparedness programs.
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22
SEXUAL ASSAULT PREVENTION AND RESPONSE
The Committee is troubled by the ongoing epidemic of sexual as-
sault in the military and at the Service academies and believes
that this will persist until a change in culture occurs across all
Services at every level. The Department of Defense provides an an-
nual report to Congress which provides details on sexual assaults
involving servicemembers. However, the most recent report’s find-
ings make it clear that more action by the Department is necessary
to combat this widespread problem. In addition to the annual re-
port, the Committee directs the Director of the Department of De-
fense Sexual Assault Prevention and Response Office (SAPRO) to
brief the House and Senate Appropriations Committees not later
than 30 days after the enactment of this Act and quarterly there-
after, on the initiatives the Department is implementing to reform
how the military prevents, responds to, and adjudicates sexual as-
sault cases, as well as the efforts underway to develop robust re-
search, evaluation, and analytics to assess the effectiveness of its
prevention efforts.
The Committee recognizes SAPRO’s efforts to implement a com-
prehensive policy to ensure the safety, dignity and well-being of all
members of the military. Despite seeing promising outcomes from
some newly implemented SAPRO programs, the most recent De-
partment report from 2019 on the prevalence of sexual assault in
the military is disturbing. The report found the number of sexual
assaults in the military rose by 38 percent from 2016 to 2018 with
roughly 20,500 servicemembers experiencing sexual assault, up
from an estimated 14,900 in 2016. The report also found the sexual
assault rate for women jumped a shocking 50 percent. While the
Department touts increased reporting as a measure of success, only
a third of all sexual assaults in the military were reported accord-
ing to the 2019 report. Despite these dire findings and rhetoric
from leadership in the Department and the Services, the budget for
sexual assault prevention and response remains stagnant. The fis-
cal year 2021 budget proposes to cut funding for SAPRO by
$5,000,000 at the Department level. The Committee is appalled by
the Department’s failure to prioritize funding to address the sys-
temic cultural problems associated with sexual assault in the mili-
tary and the Service academies.
The Department of Defense has failed to address the sexual as-
sault crisis and failed to protect the men and women who serve
every day in the United States military. Sexual assault remains
the most underreported crime in the military. The Department’s
2019 report on sexual assault in the military found only one third
of sexual assaults were reported and of the women who did report
43 percent said they had a negative experience doing so. Still, the
Department remains resistant to reforming how sexual assault is
reported, requiring sexual assault victims to report to an internal
entity to receive health care access or to the command to be re-
ferred to military law enforcement. Neither option relieves the vic-
tim of fear of reprisal or stigma, nor does it offer the victim much
hope for justice or recourse. Of the roughly 6,000 unrestricted re-
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ports referred to command only 300 were prosecuted, according to
the report.
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The Committee believes the current SAPRO reporting policy fails
servicemembers, diminishes military readiness, and harms recruit-
ment and retention efforts. The Committee directs the Comptroller
General to conduct a review of the Department’s policy for report-
ing sexual assault and its effectiveness in protecting victims’ pri-
vacy, ensuring their safety, and holding offenders accountable. The
Committee directs the Comptroller General to brief the House and
Senate Appropriations Committees on its preliminary findings not
later than 90 days after the enactment of this Act and to provide
a full report to the same Committees at a date agreed upon at the
time of the preliminary briefing.
In recent years, Congress has given the Services numerous new
tools and responsibilities to improve the military justice system. In
particular, the Special Victims’ Counsel program was created to
provide sexual assault survivors with attorneys to represent their
interests in criminal proceedings. The program has proved so crit-
ical and successful that it was expanded to serve survivors of do-
mestic violence in the National Defense Authorization Act for Fis-
cal Year 2020. Despite the inherent importance of the Special Vic-
tims’ Counsel program and the growing caseload of Special Victim
Advocates, the Department fails to request dedicated funding in its
annual budget request. Although the Services have taken the role
of the Special Victims’ Counsel program seriously, the Committee
is disappointed by the Department’s apparent apathy towards pro-
viding adequate funding to sustain a longstanding program.
The Committee recommends $282,934,000, an increase of
$5,000,000 above the budget request, for sexual assault prevention
and response programs at the Department and Service levels and
provides an additional $40,000,000 for the Department of Defense
SAPRO for the Special Victims’ Counsel program for transfer to the
Services, including the National Guard and reserve components.
SUICIDE PREVENTION AND OUTREACH
The Committee is alarmed by the growing number of suicides
among servicemembers. The Department’s first Annual Suicide Re-
port, released in 2019, found a statistically significant increase in
the military’s suicide rate among active duty servicemembers. The
report found in just five years the rate of suicide rose by more than
one-third, from 18.5 to 24.8 suicides per 100,000 active duty mem-
bers.
For the National Guard, the report found the rate of suicide was
statistically higher than that of the American population at 30.6
suicides per 100,000 members of the National Guard regardless of
duty status. The Committee recognizes that programs like the Na-
tional Guard Bureau’s national counseling and suicide prevention
peer-to-peer outreach programs are vital to reducing the number of
suicides among guardsmen. The Committee encourages the Chief of
the National Guard Bureau to continue supporting such programs.
The Committee acknowledges the Defense Suicide Prevention Of-
fice’s (DSPO) hard work and dedication to advance holistic, data-
driven suicide prevention through its partnership with the Serv-
ices. However, the most recent report emphasizes the need for a
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more dedicated response to address the troubling rise of suicide
among servicemembers. Despite statements by the Secretary of De-
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24
fense that the military, ‘‘has the means and the resources to get
ahead of this and do better than our civilian counterparts,’’ the De-
partment’s investment in DSPO is negligible at best. The budget
for staffing and programming of DSPO has remained flat despite
the uptick in suicides among servicemembers. Instead of seeking to
expand resources available to the Services, the Department has
prioritized finding nominal cuts through the Defense-Wide Review
for this office. The Committee is disappointed by the Department’s
failure to prioritize appropriate resources for DSPO and invest in
efforts to understand the efficacy and effectiveness of its own sui-
cide prevention programs.
In addition to the Annual Suicide Report, the Committee directs
the Director of the DSPO to brief the House and Senate Appropria-
tions Committees not later than 30 days after the enactment of this
Act and quarterly thereafter, on the initiatives the Department is
implementing to prevent military suicide, as well as the efforts un-
derway to develop robust research, evaluation, and analytics to as-
sess the effectiveness of its prevention efforts.
Further, the Committee directs the Secretary of Defense to sub-
mit to the House and Senate Appropriations Committees, not later
than 90 days after the enactment of this Act, and monthly there-
after, a report on suicide among members of the armed forces. The
report shall provide the number of suicides, attempted suicides,
and occurrences of suicidal ideation involving a member of the
armed forces, including the reserve components. The report shall
include the gender, age, rank, and method of suicide for each.
MILITARY PERSONNEL, ARMY
Fiscal year 2020 appropriation .......................................................... $42,746,972,000
Fiscal year 2021 budget request ....................................................... 45,087,813,000
Committee recommendation .............................................................. 44,936,603,000
Change from budget request ............................................................. ¥151,210,000
The Committee recommends an appropriation of $44,936,603,000
for Military Personnel, Army which will provide the following pro-
gram in fiscal year 2021:
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MILITARY PERSONNEL, NAVY
Fiscal year 2020 appropriation .......................................................... $31,710,431,000
Fiscal year 2021 budget request ....................................................... 33,892,369,000
Committee recommendation .............................................................. 33,757,999,000
Change from budget request ............................................................. ¥134,370,000
The Committee recommends an appropriation of $33,757,999,000
for Military Personnel, Navy which will provide the following pro-
gram in fiscal year 2021:
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CYBERSECURITY PROFESSIONALS
The Committee notes the importance of cybersecurity programs
for the advancement of cybersecurity professionals in the Depart-
ment of Defense. The Committee encourages the Secretary of the
Navy to work with higher education institutions, including Histori-
cally Black Colleges and Universities, Hispanic Serving Institu-
tions, and other Minority Serving Institutions, to develop programs
for Navy Reserve Officer Training Corps midshipmen to prepare
more students in critical cybersecurity skillsets.
MILITARY PERSONNEL, MARINE CORPS
Fiscal year 2020 appropriation .......................................................... $14,098,666,000
Fiscal year 2021 budget request ....................................................... 14,840,871,000
Committee recommendation .............................................................. 14,534,551,000
Change from budget request ............................................................. ¥306,320,000
The Committee recommends an appropriation of $14,534,551,000
for Military Personnel, Marine Corps which will provide the fol-
lowing program in fiscal year 2021:
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MILITARY PERSONNEL, AIR FORCE
Fiscal year 2020 appropriation .......................................................... $31,239,149,000
Fiscal year 2021 budget request ....................................................... 32,901,670,000
Committee recommendation .............................................................. 32,675,965,000
Change from budget request ............................................................. ¥225,705,000
The Committee recommends an appropriation of $32,675,965,000
for Military Personnel, Air Force which will provide the following
program in fiscal year 2021:
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RESERVE PERSONNEL, ARMY
Fiscal year 2020 appropriation .......................................................... $4,922,087,000
Fiscal year 2021 budget request ....................................................... 5,106,956,000
Committee recommendation .............................................................. 5,025,216,000
Change from budget request ............................................................. ¥81,740,000
The Committee recommends an appropriation of $5,025,216,000
for Reserve Personnel, Army which will provide the following pro-
gram in fiscal year 2021:
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RESERVE PERSONNEL, NAVY
Fiscal year 2020 appropriation .......................................................... $2,115,997,000
Fiscal year 2021 budget request ....................................................... 2,240,710,000
Committee recommendation .............................................................. 2,223,690,000
Change from budget request ............................................................. ¥17,020,000
The Committee recommends an appropriation of $2,223,690,000
for Reserve Personnel, Navy which will provide the following pro-
gram in fiscal year 2021:
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RESERVE PERSONNEL, MARINE CORPS
Fiscal year 2020 appropriation .......................................................... $833,604,000
Fiscal year 2021 budget request ....................................................... 868,694,000
Committee recommendation .............................................................. 857,394,000
Change from budget request ............................................................. ¥11,300,000
The Committee recommends an appropriation of $857,394,000 for
Reserve Personnel, Marine Corps which will provide the following
program in fiscal year 2021:
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RESERVE PERSONNEL, AIR FORCE
Fiscal year 2020 appropriation .......................................................... $2,014,190,000
Fiscal year 2021 budget reques ......................................................... 2,207,823,000
Committee recommendation .............................................................. 2,179,763,000
Change from budget request ............................................................. ¥28,060,000
The Committee recommends an appropriation of $2,179,763,000
for Reserve Personnel, Air Force which will provide the following
program in fiscal year 2021:
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NATIONAL GUARD PERSONNEL, ARMY
Fiscal year 2020 appropriation .......................................................... $8,704,320,000
Fiscal year 2021 budget request ....................................................... 8,830,111,000
Committee recommendation .............................................................. 8,639,005,000
Change from budget request ............................................................. ¥191,106,000
The Committee recommends an appropriation of $8,639,005,000
for National Guard Personnel, Army which will provide the fol-
lowing program in fiscal year 2021:
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NATIONAL GUARD PERSONNEL, AIR FORCE
Fiscal year 2020 appropriation .......................................................... $4,060,651,000
Fiscal year 2021 budget request ....................................................... 4,547,087,000
Committee recommendation .............................................................. 4,525,466,000
Change from budget request ............................................................. ¥21,621,000
The Committee recommends an appropriation of $4,525,466,000
for National Guard Personnel, Air Force which will provide the fol-
lowing program in fiscal year 2021:
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TITLE II
OPERATION AND MAINTENANCE
The fiscal year 2021 Department of Defense operation and main-
tenance budget request totals $196,630,496,000. The Committee
recommendation provides $196,703,001,000 for the operation and
maintenance accounts. The table below summarizes the Committee
recommendations:
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(59)
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REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE
ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS
FUNDING)
The Secretary of Defense is directed to submit the Base for Re-
programming (DD Form 1414) for each of the fiscal year 2021 ap-
propriation accounts not later than 60 days after the enactment of
this Act. The Secretary of Defense is prohibited from executing any
reprogramming or transfer of funds for any purpose other than
originally appropriated until this report is submitted to the House
and Senate Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal prior ap-
proval reprogramming procedures to transfer funds in the Services’
operation and maintenance accounts between O–1 budget activi-
ties, or between sub-activity groups in the case of Operation and
Maintenance, Defense-Wide, in excess of $10,000,000. In addition,
the Secretary of Defense shall follow prior approval reprogramming
procedures for transfers in excess of $10,000,000 out of the fol-
lowing readiness sub-activity groups:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Aviation assets
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities sustainment, restoration, and modernization
Specialized skill training
Flight training
Navy:
Mission and other flight operations
Fleet air training
Aircraft depot maintenance
Mission and other ship operations
Ship depot maintenance
Combat support forces
Facilities sustainment, restoration, and modernization
Base operating support
Marine Corps:
Operational forces
Field logistics
Depot maintenance
Facilities sustainment, restoration, and modernization
Air Force:
Primary combat forces
Combat enhancement forces
Depot purchase equipment maintenance
Facilities sustainment, restoration, and modernization
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Contractor logistics support and system support
Flying hour program
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Global C3I and early warning
Base support
Space Force:
Global C3I and early warning
Space operations
Depot maintenance
Contractor logistics support and system support
Administration
Defense-Wide:
Office of the Secretary of Defense
Air National Guard:
Aircraft operations
Additionally, the Secretary of Defense is directed to use normal
prior approval reprogramming procedures when implementing
transfers in excess of $10,000,000 into the following budget sub-ac-
tivities:
Operation and Maintenance, Army National Guard:
Base operations support
Facilities sustainment, restoration, and modernization
Operation and Maintenance, Air National Guard:
Aircraft operations
Contractor logistics support and systems support
REPROGRAMMING GUIDANCE FOR SPECIAL OPERATIONS COMMAND
The Committee directs the Secretary of Defense to submit a
baseline report that shows the Special Operations Command’s oper-
ation and maintenance funding by sub-activity group for the fiscal
year 2021 appropriation not later than 60 days after the enactment
of this Act. The Secretary of Defense is further directed to submit
quarterly execution reports to the congressional defense committees
not later than 45 days after the end of each fiscal quarter that ad-
dresses the rationale for the realignment of any funds within and
between budget sub-activities and the movement of any base funds
used to support overseas contingency operations. Finally, the Sec-
retary of Defense is directed to notify the congressional defense
committees 30 days prior to the realignment of funds in excess of
$10,000,000 between sub-activity groups.
OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level tables or in
paragraphs using the phrase ‘‘only for’’ or ‘‘only to’’ in this report
are congressional special interest items for the purpose of the Base
for Reprogramming (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount as specifically
addressed in this report. Below Threshold Reprogrammings may
not be used to either restore or reduce funding from congressional
special interest items as identified on the DD Form 1414.
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QUARTERLY OPERATION AND MAINTENANCE UPDATES
Regular interaction with each of the Service’s financial manage-
ment offices enhances the ability of the Committee to perform its
essential oversight responsibilities. Through these interactions, the
Committee gains a better understanding of the challenges each of
the Services face with the obligation and execution of their pro-
grams and contracts. The Committee notes the successful quarterly
meetings this year with each of the Services and directs the Direc-
tor of each of the Service’s Operations Divisions (Financial Manage-
ment and Budget) to continue to provide quarterly briefings to the
House and Senate Appropriations Committees on their respective
operation and maintenance execution rates in fiscal year 2021.
RESTORING READINESS
The Committee recommendation includes additional readiness
funds for each of the Services within the operation and mainte-
nance accounts which shall only be used to improve military readi-
ness, including providing for increased training and depot mainte-
nance activities. None of the funding provided may be used for re-
cruiting, marketing, or advertising programs. The additional fund-
ing is a congressional special interest item. The Committee directs
the Secretary of Defense and the Service Secretaries to submit a
detailed spend plan by sub-activity group not less than 30 days
prior to the obligation of these funds.
RECLAIMED REFRIGERANTS
Reclaiming refrigerant mitigates the need to create new and po-
tentially contaminating refrigerants and ensures the safe disposal
of chemicals. Considering the large number of Department of De-
fense facilities and the widespread use of refrigerants, the Com-
mittee urges the Under Secretary of Defense (Acquisition and
Sustainment) to give preference to the use of reclaimed refrigerants
to service existing equipment in Department of Defense facilities.
MEALS READY-TO-EAT WAR RESERVE
The Committee recommendation fully supports the fiscal year
2021 request for the Defense Logistics Agency for a minimum of
2,500,000 cases of meals ready-to-eat and reaffirms support for the
War Reserve stock objective of 5,000,000 cases and the minimum
sustaining rate for the industrial base.
ADVERTISING
The Committee notes that, as the largest advertiser in the
United States, the federal government should work to ensure fair
access to its advertising contracts for small disadvantaged busi-
nesses and businesses owned by minorities and women. The Com-
mittee directs the Secretary of Defense to include with the fiscal
year 2022 budget submission the total level of expenditures for fis-
cal year 2021 and the requested level of funding for fiscal year
2022 for all contracts for advertising services; contracts for adver-
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tising services by minority or women owned businesses; and con-
tracts for advertising services by socially and economically dis-
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64
advantaged small businesses (as defined in section 8(a)(4) of the
Small Business Act (15 U.S.C. 637(a)(4)).
MINORITY AND WOMEN-OWNED BUSINESSES
The Committee is concerned that the Department of Defense
does not take full advantage of the products and services available
to the Department from minority and women-owned small busi-
nesses. The Committee directs the Secretary of Defense to submit
a report to the congressional defense committees on the Depart-
ment’s efforts to work with minority and women-owned small busi-
nesses not later than 180 days after the enactment of this Act. The
report shall specify the number and value of Department of De-
fense contracts for minority and women-owned small businesses
and include a description of specific outreach programs the Depart-
ment uses to reach minority and women-owned small businesses.
CLASSIFIED CONTRACTING FOR SMALL BUSINESSES
The Committee recognizes the vital role small businesses play in
fostering technological innovation and expedited or novel ap-
proaches to acquisition within the national security enterprise. The
Department of Defense and Intelligence Community benefit from
these relationships that promote faster, more efficient, and cost-ef-
fective solutions to critical national security problems. Small busi-
nesses, however, can be disadvantaged given the non-trivial ex-
penses associated with handling, transmitting, protecting, and stor-
ing classified information. These additional costs often manifest
themselves as barriers to entry, giving rise to conditions that favor
large and established contractors by providing them an implicit ad-
vantage over smaller potential entrants and existing small busi-
ness contractors who cannot afford the added expense.
The Committee seeks solutions that allow new and non-tradi-
tional entrants, as well as smaller firms who have existing rela-
tionships with the Department of Defense and/or the Intelligence
Community, to compete for classified contracts. The Committee,
therefore, directs the Secretary of Defense and the Director of Na-
tional Intelligence to submit a report to the House and Senate Ap-
propriations Committees not later than 60 days after the enact-
ment of this Act which surveys programs and initiatives in both
the Department of Defense and the Intelligence Community that
incentivize outreach to small businesses and lessen the burden and
need for dedicated, company-specific classified infrastructure and
provide additional options for small business contractors who have
existing relationships with the Department of Defense and Intel-
ligence Community. The report shall also address how the Depart-
ment and the Intelligence Community can expand relationships
with small businesses that may or may not include access to secure
compartmentalized information facilities.
PILOT SHORTAGES
The Committee supports efforts throughout the Department of
Defense to address the shortage of pilots across the Services. The
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Committee encourages the Secretary of Defense to work with high-
er education institutions, including Historically Black Colleges and
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65
Universities, Hispanic Serving Institutions, and other Minority
Serving Institutions, to develop programs that will prepare more
students to meet the eligibility requirements for pilot training. In
addition, the Committee encourages the Secretary of the Air Force
to examine university-based training for Air Force ROTC cadets
and civilian aviation students as pilots and sensor operators for re-
motely piloted aircraft.
MILITARY FUNERAL HONORS
The Committee is concerned that military funeral honors are not
provided to eligible veterans due to the absence of the required DD
214 form. The Committee encourages the Secretary of Defense to
consider accepting alternative proof of service in the event the fam-
ily of a deceased veteran is unable to locate or provide the DD 214
form in a timely manner in accordance with their cultural funeral
procedures.
BODY COMPOSITION TESTING
The Committee recognizes the need for body composition testing
for servicemembers to be based on medically tested and scientif-
ically accurate indicators of health and fitness. The Committee di-
rects the Secretary of Defense, in coordination with the Service
Secretaries, to submit a report to the congressional defense com-
mittees not later than 90 days after the enactment of this Act on
the status of changes to military fitness testing and the scientific
evidence that led to the changes.
INVENTORY MANAGEMENT
The Committee remains concerned by the lack of accurate inven-
tory management controls in place at the Department of Defense
which often result in lost material, parts, and funding. The Com-
mittee directs the Secretary of Defense, in coordination with the
Directors of the Defense Logistics Agency, the Defense Contract
Management Agency, and the Defense Contract Audit Agency, to
submit a report to the congressional defense committees not later
than 60 days after the enactment of this Act that describes how the
Department can better track its inventory. The report shall include
possible recommendations on how to hold contractors liable for lost
or unaccounted parts and materials, especially when contractors
are on contract to provide inventory management.
LANGUAGE FLAGSHIP PROGRAM
The Committee recognizes the National Security Education Pro-
gram provides training for servicemembers and civilians in lan-
guages and cultures critical to national security. The Committee is
disappointed that the Secretary of Defense targeted the Language
Flagship program for reduction during the Defense-Wide Review.
The Committee recommendation restores the funding removed in
the budget request for this critical program and includes a total of
$16,000,000 for the program. The Committee encourages the Sec-
retary of Defense to continue supporting programs that ensure
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warfighters receive the language and culture training needed to ef-
fectively complete missions. Additionally, the Committee directs
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66
the Secretary of Defense to submit a spend plan for this program’s
funding to the House and Senate Appropriations Committees not
later than 15 days before the obligation of funds.
The Committee is concerned about the lack of military personnel
with advanced language skills and believes this could be addressed
by promoting foreign language study programs targeting elemen-
tary and secondary students. The National Defense Authorization
Act for Fiscal Year 2020 authorized the development of a competi-
tive grant program to provide support to eligible entities, including
Department of Defense Education Activity schools, for the estab-
lishment, improvement, or expansion of world language study for
this population. In support of this program, the Committee rec-
ommendation includes an additional $15,000,000 for Department of
Defense Education Activity schools. The Committee directs the Sec-
retary of Defense to provide a detailed spend plan to the House and
Senate Appropriations Committees for the implementation of the
program, which should commence with the 2021 2022 academic
year, not later than 45 days after the enactment of this Act.
Additionally, the Committee directs the Secretary of Defense to
submit a report to the congressional defense committees not later
than October 1, 2021 which lists the schools that receive funds, in
what amount, how the funds were executed, as well as how the De-
partment plans to expand the program to public schools in a local
education agency that hosts a unit of the Junior Reserve Officers
Corps Training Center, in the following academic year.
MILITARY FOOD TRANSFORMATION
The Committee remains concerned about the growing obesity cri-
sis in the Department of Defense and its impact on military re-
cruitment, readiness, and retention. The Committee is also con-
cerned that the Department’s current food system is overly complex
and inefficient, which may result in higher costs per meal at dining
facilities, unnecessary internal competition between on-base food
service providers, and poor food service planning. Emphasis should
be placed on providing nutritious food options at dining facilities
and modernizing the on-base food system by using best practices
from universities and industry partners.
The Committee directs the Secretary of Defense to submit a re-
port to the congressional defense committees not later than 90 days
after the enactment of this Act on food transformation efforts. The
report should include details of the Department’s ongoing efforts,
costs associated with each effort, and an outline for a potential
demonstration pilot program at multiple military installations. The
Committee also anticipates submission of the completed audit by
the Comptroller General of a sample of the Services’ dining facili-
ties to determine whether the Services are accurately measuring
meal card holder utilization rates, costs per meal, and all input
costs such as food, operating, capital expenditures, facility
sustainment, and military labor.
The Committee also notes that funds are collected from
servicemembers’ pay in order to provide government furnished
meals to military personnel. The Committee is concerned that the
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Department is not using those funds efficiently or exclusively for
the intended purpose. The Committee directs the Service Secre-
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taries to submit a report to the congressional defense committees
not later than December 1, 2020 with the following information
from the previous fiscal year: the average daily number of
servicemembers on essential station messing (ESM); the total ag-
gregate amount of Basic Allowance for Subsistence withheld from
the pay of these same servicemembers for the purposes of providing
them a government meal; the total number of meals consumed by
ESM servicemembers using their meal entitlement; the total actual
cost of the food purchased for the government-provided meals con-
sumed by ESM; and to the extent the amount collected from ESM
exceeds the amount spent on purchasing food for the meals con-
sumed by these ESM, a detailed accounting of the difference to in-
clude the rationale for any spending for other purposes.
VIEQUES AND CULEBRA
The Committee remains concerned with the pace and scope of en-
vironmental restoration on the island municipalities of Culebra and
Vieques in Puerto Rico. The Committee encourages the Secretary
of the Army and the Secretary of the Navy to work closely with the
Environmental Protection Agency, the Fish and Wildlife Service,
and the Puerto Rico Environmental Quality Board to maximize
public participation and transparency in the decontamination proc-
ess in order to achieve a thorough decontamination result on both
islands.
The Committee also is concerned about public safety on the
northwest peninsula of Culebra due to unexploded ordnance identi-
fied there by the Army. The Committee encourages the Secretary
of the Army to exercise available authorities, including the author-
ity clarified in the National Defense Authorization Act for Fiscal
Year 2015, to decontaminate the northwest peninsula. Additionally,
the Committee directs the Secretary of the Army and the Secretary
of the Navy each to submit a report to the congressional defense
committees not later than 90 days after the enactment of this Act
detailing all respective decontamination authorities and plans ap-
plicable to Culebra and Vieques, to include particular emphasis on
the decontamination of the northwest peninsula of Culebra.
The Committee also notes that there are gaps in information
about the types and amounts of ordnance used on Vieques and
Culebra, as well as potential links between the ordnance used and
threats to public health. The Committee directs the Secretary of
the Army and the Secretary of the Navy to provide a report to the
congressional defense committees not later than 60 days after the
enactment of this Act on previously released information related to
the ordnance on the two islands. The Committee also urges the
Secretaries to publish the relevant documents on the internet in a
single location and in a user-friendly format.
INDIAN FINANCING ACT
The Committee recommendation includes funds for activities au-
thorized in the Indian Financing Act of 1974 and directs the Sec-
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retary of Defense to obligate such funds not later than 90 days
after the enactment of this Act.
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PFOS/PFOA EXPOSURE ASSESSMENT
The National Defense Authorization Act for Fiscal Year 2020 au-
thorized a study and assessment of the health implications of
perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid
(PFOA) contamination in drinking water. The Committee rec-
ommendation includes $15,000,000 for the study and assessment.
The Committee also directs the Assistant Secretary of Defense (En-
ergy, Installations, and Environment) to submit a report to the
House and Senate Appropriations Committees not later than 30
days after the enactment of this Act on the Department’s strategy
to execute this funding.
The Committee remains deeply concerned about PFOS/PFOA
contamination on current and former domestic military installa-
tions. As the Department conducts its exposure assessment on all
installations known to have PFOS/PFOA drinking water contami-
nation, the Committee directs the Assistant Secretary of Defense
(Energy, Installations, and Environment) to publicly release the
measured levels of contamination found at each installation. For all
remediation activities, the Department is directed to achieve a
drinking water cleanup standard no higher than the threshold of
the Environmental Protection Agency (EPA) health advisory level
(currently 70 parts per trillion) for federally controlled sites and
surrounding communities whose water sources were contaminated
as a result of Department activities. Additionally, the Committee
directs the Department to comply with the provisions of section 322
of the National Defense Authorization Act for Fiscal Year 2020.
The Committee notes that today’s currently available Aqueous Film
Forming Foams (AFFF) contain Per- and Polyfluoroalkyl Sub-
stances (PFAS) and currently, none of the commercially available
PFAS-free foams meet the Department’s strict safety standards to
rapidly extinguish dangerous fuel fires. The Committee under-
stands that a prohibition on the use of current versions of AFFF
would drastically reduce the ability of the Department’s firefighters
to fight fuel fires and increase risk to servicemembers and fire-
fighters. However, due to the significant and salient public health
risks associated with PFOS/PFOA contamination, the Committee
urges the Secretary of Defense to expedite replacement of
fluorinated AFFF throughout all branches of the military and cease
use of AFFF prior to October 1, 2024.
PER- AND POLYFLUOROALKYL SUBSTANCES CLEANUP COST REPORTING
The Committee notes the creation of a Per- and Polyfluoroalkyl
Substances (PFAS) Task Force to address the growing health con-
cerns over releases of these substances and their effects on military
installations and the surrounding communities. To support the De-
partment’s efforts, the Committee directs the Secretary of Defense
to submit to the House and Senate Appropriations Committees, not
later than 90 days after the enactment of this Act, and quarterly
thereafter, a report on costs associated with investigating and
cleaning up PFAS at sites with funding provided by either the en-
vironmental restoration or operation and maintenance appropria-
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tion accounts. The report shall provide, for each component and by
installation name, for the investigation and cleanup of PFAS: the
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actual obligations through the end of fiscal year 2018; the actual
obligations in fiscal year 2019; the planned and actual obligations
in fiscal year 2020; the planned obligations for fiscal year 2021; and
the estimated cost after fiscal year 2021.
CHILDCARE
The Committee commends the Navy and the Air Force for in-
creasing funding in their respective fiscal year 2021 budget re-
quests for childcare programs, but notes with concern the proposed
reductions by the Marine Corps and the Army in their budget re-
quests for childcare. The Committee continues to believe that
delays in providing affordable and acceptable childcare negatively
impact the quality of life for servicemembers, Department of De-
fense civilian employees, and their families. Funding for these pro-
grams needs to be a priority for all components. The Committee
recommendation provides additional funds for the Army and the
Marine Corps and directs the Secretaries of the Army and the
Navy to provide spend plans to the House and Senate Appropria-
tions Committees not later than 30 days after the enactment of this
Act.
The Committee was disappointed that it did not receive the re-
port requested in House Report 116–84 and again directs the Serv-
ice Secretaries to provide a report to the House and Senate Appro-
priations Committees not later than 60 days after the enactment
of this Act on their respective plans to address obstacles to
childcare, whether it be additional childcare development centers,
additional staff, pay rates for staff, or acceptable alternatives for
fiscal year 2020 and in the future year defense program to ensure
that these challenges are met.
The Committee is also concerned by reports of the impromptu
closure of childcare facilities and directs the respective Service Sec-
retary to notify the congressional defense committees not later than
30 days prior to a closure of any childcare facility, with the reason
for closure and the number of children and families affected. The
Committee further instructs the Service Secretaries to delay any
proposed closure until the congressional defense committees are
provided with documentation as to the specific fiscal limitations
that the respective Service has from keeping the proposed childcare
development center open.
MOVEMENT OF HOUSEHOLD GOODS
Last year the Committee expressed concern with the plans by
the United States Transportation Command (USTRANSCOM) to
award the global household goods contract to only one provider. On
April 30, 2020, USTRANSCOM executed this plan; however, the
Committee notes that on June 10, 2020, USTRANSCOM rescinded
the award due to allegations of misinformation by the awardee in
its application documents.
For these and other reasons, the Committee continues to have
concerns and notes issues highlighted by a recent Government Ac-
countability Office report related to the Global Household Goods
Contract. The report recommends USTRANSCOM develop meth-
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odologies for adequate data collection during the first three years
of the contract; outline a detailed plan on retraining and transfer-
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ring current USTRANSCOM personnel, including precise funding
and staffing needs; and provide a clear strategy for providing coun-
seling services. Due to these highlighted deficiencies, the Com-
mittee directs the Secretary of Defense to provide a report to the
congressional defense committees not later than September 30,
2021 on the execution of servicemember moves under the Global
Household Goods Contract during fiscal year 2021. The report shall
include move timelines, customer claims and compensation related
to damaged goods and missed moving windows, customer satisfac-
tion surveys and survey response rates, data on moves provided by
Transportation Service Providers (TSPs) versus Personally Pro-
cured Moves (PPM), the number and type of trainings and trans-
fers of USTRANSCOM personnel and transportation specialists,
and counseling services provided by government personnel vice
TSPs.
The Committee is concerned that servicemembers may not re-
ceive the same access to choose PPM, also known as do-it-yourself
moves, under the Global Household Goods Contract. Counseling
services provided by TSPs are solely informational. When providing
counseling services, nothing in the Global Household Goods Con-
tract permits TSPs to influence servicemember choice of provider
or moving method for PPM beyond providing information on the
difference between a TSP move and a PPM. The contract also does
not permit TSPs to restrict access to a specific PPM provider or op-
tion if that option was available to the servicemember prior to the
Contract. The Committee encourages the Commander,
USTRANSCOM to ensure that counseling for servicemembers is of-
fered no matter what methodology of move a servicemember may
choose to make.
Finally, the Committee notes that delays associated to COVID–
19 could result in changes to possible savings originally stipulated
in its fiscal year 2021 report and overall execution of the program.
The Committee directs the Commander, USTRANSCOM to submit
a report to the congressional defense committees, not later than 45
days after the enactment of this Act, and again, 180 days after the
initial report, detailing the implementation effort and an update of
possible savings broken out by Service across the future years de-
fense program.
COLD WEATHER CLOTHING AND EQUIPMENT
The Committee commends the Services for providing cold weath-
er and mountaineering clothing and equipment to servicemembers
stationed abroad. Cold weather items including handwear, foot-
wear, socks, balaclavas, water bottle parkas, canteens, and clothing
layers manufactured with innovative, domestically-produced fabrics
and textiles provide the warfighter with a distinct combat advan-
tage. The Committee is concerned that procurement timelines for
these items have been slowed by research, development, testing,
and evaluation delays that prevent cold weather units from being
issued the most effective items in a timely manner. The Committee
encourages the Service Secretaries to review and accelerate pro-
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equipment to all eligible servicemembers and utilize the domestic
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defense industrial base to provide the necessary clothing and
equipment.
USE OF REMOTE PILOTING SYSTEMS
The Committee believes there should be parity between active
and reserve components regarding the use of remotely piloted and
unmanned aircraft systems for domestic emergency, search and
rescue, and civil support activities. The Committee directs the Sec-
retary of Defense to submit a report to the congressional defense
committees not later than 90 days after the enactment of this Act
on the Department’s policies for all aspects of use of remote pilot-
ing for both active and reserve components. Aspects shall include
use of remote and unmanned air systems for training, search and
rescue, and support to other federal agencies. If differences exist
between the active and reserve components in these areas, the re-
port shall detail these reasons, to include the policy explanations
and if there is a plan to examine, and possibly, change these dif-
ferences.
MULTINATIONAL FORCE AND OBSERVERS
The Committee is concerned that a decision to remove United
States forces from the Multinational Force and Observers in Egypt
would be a mistake. Notwithstanding the priorities of the National
Defense Strategy, the United States should maintain adequate sup-
port for this organization, which has bolstered regional stability
through its peacekeeping role for almost forty years. The Com-
mittee directs the Secretary of Defense to provide notification to
the congressional defense committees not less than 30 days prior
to any permanent reduction in United States forces deployed to the
Multinational Force and Observers.
ENERGY RESILIENCY STUDIES
The Committee is aware that military installations are required
to evaluate their energy resiliency in relation to their vulnerability
of the utility grid. The Committee directs the Service Secretaries
to provide a report not later than 90 days after the enactment of
this Act to the congressional defense committees on the require-
ment and the plan to conduct energy resiliency studies on military
installations.
OPERATION AND MAINTENANCE, ARMY
Fiscal year 2020 appropriation .......................................................... $39,597,083,000
Fiscal year 2021 budget request ....................................................... 40,312,968,000
Committee recommendation .............................................................. 40,424,428,000
Change from budget request ............................................................. +111,460,000
The Committee recommends an appropriation of $40,424,428,000
for Operation and Maintenance, Army which will provide the fol-
lowing program in fiscal year 2021:
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SMALL BUSINESSES AND ARMY FUTURES COMMAND
The Committee is concerned with findings by the Government
Accountability Office in its ‘‘Army Futures Command Should Take
Steps to Improve Small Business Engagement for Research and
Development’’ report, notably lack of coordination between the
Army Futures Command and small businesses. The Committee rec-
ognizes the importance of small businesses to the entire Depart-
ment of Defense enterprise and encourages the Commanding Gen-
eral, Army Futures Command, to develop methods to improve
small business engagement for research and development. In addi-
tion, the Committee encourages the Commanding General, Army
Futures Command, to coordinate with the Army Office of Small
Business Programs in its engagement efforts.
FACILITIES REDUCTION PROGRAM
The Committee is encouraged by the commitment of the Army to
continue funding the complete disposal of potentially hazardous fa-
cilities at Aberdeen Proving Ground, including decommissioning,
decontamination, and demolition through a phased approach under
the Facilities Reduction Program. The Army has obligated funds,
begun demolition, and programmed additional funds in the future
to continue these efforts. The Committee encourages the Secretary
of the Army to continue these efforts to ensure demolition activities
continue. The Committee believes demolition of these facilities will
result in cost savings on infrastructure, maintenance, and security
of these unusable buildings; reduce the risk of contamination; and
have a positive impact on other missions.
OPERATION AND MAINTENANCE, NAVY
Fiscal year 2020 appropriation .......................................................... $47,622,510,000
Fiscal year 2021 budget request ....................................................... 49,692,742,000
Committee recommendation .............................................................. 49,248,117,000
Change from budget request ............................................................. ¥444,625,000
The Committee recommends an appropriation of $49,248,117,000
for Operation and Maintenance, Navy which will provide the fol-
lowing program in fiscal year 2021:
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ADVANCED SKILLS MANAGEMENT LEGACY SYSTEMS UPGRADES
The Committee is concerned by the lack of progress in
transitioning the Advanced Skills Management (ASM) software
system into a commercial-off-the-shelf (COTS) software system.
The Committee is concerned that sustainment costs for this soft-
ware system are unsustainable and that commercial software solu-
tions currently being utilized by the Navy’s Fleet Readiness Cen-
ters offer greater capability at reduced costs. Further, the Com-
mittee is increasingly concerned about the availability of the cur-
rent ASM system to the user community given the antiquated na-
ture of the software and need for increased remote telework capac-
ity.
The Committee recommendation includes $500,000 for the Navy
to establish updated requirements for a COTS software solution to
replace the existing ASM system. The Navy shall consider commer-
cial solutions that are already developed, that need minimal
customization work, and that are currently being fielded by indus-
try partners who are conducting similar job functions at the
NAVAIR Fleet Readiness Centers. The Navy shall also work with
the entire ASM user community to incorporate feedback on capa-
bilities that are needed in ASM that are available in a COTS prod-
uct.
The Committee recommendation also includes $10,000,000 in
Other Procurement, Navy for the procurement, consistent with fed-
eral acquisition regulations, of a COTS solution to replace the ASM
software system.
The Committee directs the Secretary of the Navy to submit a
spend plan for the $10,500,000 to the House and Senate Appropria-
tions Committees not later than 60 days after the enactment of this
Act.
CHINA LAKE NAVAL AIR WEAPONS STATION
The Committee continues to monitor efforts by the Department
of the Navy to rebuild China Lake Naval Air Weapons Station after
two earthquakes damaged the installation in July 2019. To further
the recovery effort, the Navy requires the purchase of equipment,
components, materials, services, and test and evaluation support.
The Committee commends the Department of the Navy’s recovery
efforts to date and appreciates inclusion of validated funding re-
quirements in the fiscal year 2021 budget submission. The Com-
mittee directs the Secretary of the Navy to provide the congres-
sional defense committees with quarterly updates, beginning not
later than 90 days after the enactment of this Act, on repair ef-
forts, including any refinements to validated funding requirements.
OPERATION AND MAINTENANCE, MARINE CORPS
Fiscal year 2020 appropriation .......................................................... $7,868,468,000
Fiscal year 2021 budget request ....................................................... 7,328,607,000
Committee recommendation .............................................................. 7,512,336,000
Change from budget request ............................................................. +183,729,000
The Committee recommends an appropriation of $7,512,336,000
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for Operation and Maintenance, Marine Corps which will provide
the following program in fiscal year 2021:
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OPERATION AND MAINTENANCE, AIR FORCE
Fiscal year 2020 appropriation .......................................................... $42,736,365,000
Fiscal year 2021 budget request ....................................................... 34,750,597,000
Committee recommendation .............................................................. 33,595,328,000
Change from budget request ............................................................. ¥1,155,269,000
The Committee recommends an appropriation of $33,595,328,000
for Operation and Maintenance, Air Force which will provide the
following program in fiscal year 2021:
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DEPARTMENT OF THE AIR FORCE BUDGET JUSTIFICATION DOCUMENTS
The Committee is disappointed with the quality of the justifica-
tion material and responses to inquiries received from all compo-
nents of the Air Force for its operation and maintenance programs.
Information was frequently vague and ill defined. For example,
prior year baseline levels are not included for each requested in-
crease; depot level increases are presented with overall baselines,
instead of each airframe presented by baseline; and decreasing lev-
els of activities are intermingled with lines requesting increases.
The Committee expects the Air Force to present a clearer picture
of its budgetary requirements. Therefore, the Committee directs
the Secretary of the Air Force to include the following changes in
its fiscal year 2022 budget submission for operation and mainte-
nance programs: (1) any request for an increase within a sub-activ-
ity group must include a baseline level for the specific program
being increased, not the overall baseline of the sub-activity group;
(2) depot and contractor maintenance activities should include
baselines for each airframe; and (3) if activities are labeled ‘‘classi-
fied,’’ information on the increase should be presented in a classi-
fied format upon submission of the budget request.
C–17
The C–17 aircraft is a strategic transport aircraft, able to airlift
heavy cargo close to a battle area or an area in need of humani-
tarian assistance. The Committee understands that the Air Force
is considering changing the mix of depot level heavy maintenance
for its C–17 fleet from a contractor-managed, near equal split of or-
ganic and contractor depot heavy maintenance to all organic depot
heavy maintenance. The Committee has reservations about this
change in strategy because the current product support strategy for
the C–17 has consistently demonstrated a mission capable rate
above eighty percent. The Committee is also aware that the Air
Force acknowledges that this change would result in a negative im-
pact to performance.
Therefore, prior to obligating any funds to change the current C–
17 product support strategy, the Committee directs the Secretary
of the Air Force, in consultation with the Director of Cost Assess-
ment and Program Evaluation, the Commander of United States
Transportation Command, and the Chief of the National Guard Bu-
reau, to certify to the congressional defense committees that such
a change in product strategy will result in no additional costs to
the Air Force over the next ten years as compared to the current
product strategy.
AIRCRAFT PROTECTION
The Committee recognizes the adverse impact that sunlight and
hail can have on the readiness and service life of aircraft. Unpro-
tected aircraft can sustain significant damage during hailstorms
and long-term damage due to extensive sun exposure, creating ad-
ditional, yet preventable, maintenance costs. The Committee en-
courages the Secretary of the Air Force to prioritize maintenance
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by weather.
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AIR FORCE PILOT SHORTFALL
During the current fiscal year, the Air Force’s pilot shortfall will
increase to over 2,000, including more than 1,000 fewer fighter and
bomber pilots than required. The Committee supports initiatives
such as Pilot Training Next and other efforts to increase training
throughput but is concerned that the differences between total
force pilot requirements and actual output may be widening. The
Committee will continue to monitor the Air Force’s plan to grow
undergraduate pilot training and increase programmed flying time.
With these concerns in mind, the Committee believes augmenting
existing pilot training with commercial capacity and expertise could
create a scalable, rapidly deployable, temporary solution. To prop-
erly realize the benefits and value of a turn-key approach at a new
location, any proposed program should maximize previous invest-
ments by the Air Force including, but not limited to, established
special use airspace, required environmental studies, and locations
previously investigated and approved for operations. To ensure the
Air Force is developing plans to partner with industry and increase
undergraduate pilot training, the Committee directs the Secretary
of the Air Force to submit a report to the congressional defense
committees not later than 30 days after the enactment of this Act
which includes a five-year spend plan for establishing a contractor-
operated undergraduate pilot training program.
OPERATION AND MAINTENANCE, SPACE FORCE
Fiscal year 2020 appropriation .......................................................... $40,000,000
Fiscal year 2021 budget request ....................................................... 2,531,294,000
Committee recommendation .............................................................. 2,498,544,000
Change from budget request ............................................................. ¥32,750,000
The Committee recommends an appropriation of $2,498,544,000
for Operation and Maintenance, Space Force which will provide the
following program in fiscal year 2021:
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OPERATION AND MAINTENANCE, DEFENSE-WIDE
Fiscal year 2020 appropriation .......................................................... $37,491,073,000
Fiscal year 2021 budget request ....................................................... 38,649,079,000
Committee recommendation .............................................................. 38,967,817,000
Change from budget request ............................................................. +318,738,000
The Committee recommends an appropriation of $38,967,817,000
for Operation and Maintenance, Defense-Wide which will provide
the following program in fiscal year 2021:
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READINESS AND ENVIRONMENTAL PROTECTION INTEGRATION
PROGRAM
The Committee continues to support the Readiness and Environ-
mental Protection Integration (REPI) program. The REPI program
advances important military goals by implementing conservation
easements to buffer the off-base impacts of military activities. The
Committee sees positive examples of how productive the program
can be by looking at progress along the Chesapeake Bay and en-
courages the Secretary of Defense to replicate these activities na-
tion-wide. The Committee also encourages the Secretary of Defense
to prioritize REPI projects that leverage other federal and non-fed-
eral funding sources to deploy best management practices on lands
conserved through REPI.
DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM
The Committee recommendation includes $50,000,000 for the De-
fense Community Infrastructure Program. The Committee is dis-
appointed that the Secretary of Defense did not swiftly allocate
funds to specific projects with the $50,000,000 provided in the De-
partment of Defense Appropriations Act, 2020, waiting until mid-
May, or over five months from date of enactment, to provide direc-
tion to the Office of Economic Adjustment for execution. The Com-
mittee is also dismayed about the parameters the Secretary of De-
fense has instituted for execution of this program in fiscal year
2020, particularly the distinct lack of interaction with military
communities, the exact group this program was created to assist.
The parameters determined for use of the Defense Community In-
frastructure Program seem to fund activities not funded in other
sections of the bill, for example, daycare facilities and hospitals.
The Committee is also disappointed to learn that the Department
does not expect to include funding for this program in its fiscal
year 2022 budget request.
Given this divergence from congressional intent, the Committee
directs that, prior to the obligation of funds, yet not later than 30
days after the enactment of this Act, the Secretary of Defense pro-
vide a spend plan to the congressional defense committees on the
use of the fiscal year 2021 funding.
SERVICE-PROVIDED SUPPORT AND ENABLING CAPABILITIES TO UNITED
STATES SPECIAL OPERATIONS FORCES
The Committee directs the Service Secretaries and the Secretary
of Defense on behalf of the defense agencies to include with the fis-
cal year 2022 budget submission and each subsequent year there-
after, a consolidated budget justification display showing Service-
common support and enabling capabilities contributed from each of
the military Services and defense agencies to special operations
forces. The report shall include a detailed accounting of the re-
sources allocated by each Service or defense agency at the appro-
priation and line item level to provide combat support, combat
service support, training, base operating support, pay and allow-
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port for special operations forces. The exhibit shall also include an
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identification of any changes in the level or type of support in the
current fiscal year when compared to the preceding year.
THEATER SPECIAL OPERATIONS COMMAND ACTIVITIES
The Committee directs the Assistant Secretary of Defense (Spe-
cial Operations/Low Intensity Conflict), in coordination with the
Commander of United States Special Operations Command, the
Service Secretaries, and the Chairman of the Joint Chiefs of Staff,
to provide a report on the activities of Theater Special Operations
Commands (TSOCs). The report shall be provided with the fiscal
year 2022 budget request submission and include a detailed ac-
counting of activities performed by the TSOCs in the preceding
year, current fiscal year, and current budget request submission at
the budget line item level of detail. The report shall include a de-
tailed accounting of resources allocated by the military Services,
United States Special Operations Command, and the combatant
commands.
MILITARY INFORMATION SUPPORT OPERATIONS
Over the past decade, the bulk of activities under Military Infor-
mation Support Operations (MISO) focused on countering violent
extremist organizations (VEO). While VEOs remain an ongoing
threat and require continued vigilance, peer and near-peer adver-
saries like China and Russia are using social media and other vec-
tors to weaken domestic and international institutions and under-
mine United States interests. This new information environment
and the difficulty of discriminating between real and fake informa-
tion heightens the importance of enhancing and coordinating
United States government information-related capabilities as a tool
of diplomatic and military strategy.
The Committee recognizes the efforts and accomplishments of the
United States Special Operations Command and other agencies
within the executive branch to operate in the digital domain. How-
ever, it is difficult to view individual agency activities as a coordi-
nated whole of government effort. Over the past several years, the
classified annex accompanying annual Department of Defense Ap-
propriations Acts included direction focusing on the individual ac-
tivities of geographic combatant commands. However, information
messaging strategies to counter Chinese and Russian malign influ-
ences cuts across these geographic boundaries and requires coordi-
nation between multiple government agencies using different au-
thorities.
Therefore, in order to better understand how MISO activities
support a whole of government messaging strategy, the Committee
directs the Assistant Secretary of Defense (Special Operations/Low
Intensity Conflict) to submit a report for MISO activities for the in-
dividual geographic combatant commands justified by the main pil-
lars of the National Defense Strategy to the House and Senate Ap-
propriations Committees not later than 15 days after submission of
the fiscal year 2022 budget request and annually thereafter. The
report shall include spend plans identifying the requested and en-
acted funding levels for both voice and internet activities and how
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those activities are coordinated with the Intelligence Community
and the Department of State. The enacted levels will serve as the
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baseline for reprogramming in accordance with section 8007 of this
Act. Furthermore, the Committee directs the Assistant Secretary of
Defense (Special Operations/Low Intensity Conflict) to submit to
the congressional defense committees, not later than 90 days after
the end of the fiscal year, an annual report that provides details
on each combatant commands’ MISO activities by activity name,
description, goal or objective, target audience, dissemination
means, executed funds, and assessments of their effectiveness. Ad-
ditional details for the report are included in the classified annex
accompanying this Act.
SPECIAL OPERATIONS COMMAND COLD WEATHER TACTICAL
OUTERWEAR
The United States Special Operations Command’s (USSOCOM)
Lost Arrow Project has developed technical outerwear that reduces
burden on the operator while extending capability at lower extreme
temperatures. The Committee understands that USSOCOM has
identified a critical need for this system to address near-term oper-
ational requirements and encourages the Commander, USSOCOM
to accelerate procurement of these systems.
137TH SPECIAL OPERATIONS WING
The Committee supports the 137th Special Operations Wing
(SOW) and believes that reductions to the unit were misguided as
part of the Defense Wide Review. Therefore, the Committee rec-
ommendation includes $22,000,000 to support the MC–12 mission
in fiscal year 2021. Furthermore, the Committee recognizes the
unique role the 137th SOW serves and directs the Commander,
United States Special Operations Command, to internally resource
deployment costs in fiscal year 2021.
DEFENSE POW/MIA ACCOUNTING AGENCY
The Committee commends the work of the Defense POW/MIA
Accounting Agency (DPAA) and appreciates its continual efforts to
return the remains of fallen servicemembers, even as challenges in-
hibit its ability to execute its mission, such as foreign government
obstruction or COVID–19. However, the Committee is concerned
that the Services are not prioritizing activities that directly support
DPAA. The Committee believes that the Services must ensure that
their efforts to collect DNA family reference samples are as swift
as possible to ensure that the DPAA can execute its mission and
give the families of fallen heroes the closure they seek.
PERFLUORINATED CHEMICALS CONTAMINATION AND FIRST RESPONDER
EXPOSURE
The Committee remains concerned with the health implications
of exposure to perfluorinated chemicals (PFCs), including the in-
creased rate of cancer in Department of Defense firefighter and
first responder personnel. The Committee understands there are
ongoing efforts to develop an alternative firefighting foam that
meets military requirements and is free from PFCs that have been
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linked to higher rates of certain cancers. Given the lack of defini-
tive guidance around exposure levels, the Committee encourages
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the Secretary of Defense to accelerate adoption of other forms of
foam that meet military specifications and do not contain PFCs.
Further, the Committee understands that testing for firefighters
for exposure to PFCs has begun. The Committee is encouraged by
these efforts but believes that additional measures need to be
taken. The Committee directs the Assistant Secretary of Defense
(Health Affairs) to update the House and Senate Appropriations
Committees not later than 180 days after the enactment of this Act
on the Department’s plan to test and track potential first responder
exposure to these chemicals as part of their existing, annual med-
ical surveillance exams.
CLIMATE CHANGE REPORT
The Committee notes the Secretary of Defense is required to sub-
mit a report which contains a list of the top ten most climate-vul-
nerable bases within each Service and provides a cost estimate to
mitigate the risks at each of these bases to the congressional de-
fense committees as directed in House Report 116–84. The Com-
mittee understands the Department is working with the Army
Corps of Engineers to develop a tool to meet this requirement and
better assess exposure to extreme weather and climate impacts.
The Committee understands the Department expects to complete
this tool and report by the end of September 2020. The Committee
expects the Secretary of Defense to update the congressional de-
fense committees with any changes to the anticipated date of com-
pletion for the tool and report.
SPECIAL MEASURES AGREEMENT
The Committee recognizes the United States-South Korea alli-
ance as foundational for peace and security on the Korean Penin-
sula and throughout the region. The Committee encourages the
Secretary of Defense to coordinate with the Secretary of State to
support good faith negotiations with the Republic of Korea govern-
ment that result in a fair and equitable five-year Special Measures
Agreement.
COMPOSTING OF SHREDDED GOVERNMENT DOCUMENTS
The Committee encourages the Secretary of Defense to study the
financial and environmental impacts of composting shredded gov-
ernment documents.
DEFENSE SECURITY COOPERATION AGENCY PROGRAMS
The Committee recommendation provides $659,225,000 for base
programs administered by the Defense Security Cooperation Agen-
cy (DSCA) and an additional $1,651,296,000 in title IX for overseas
contingency operations. The Committee notes the significant unob-
ligated balances from prior appropriations and the disruption of
programs due to the COVID–19 pandemic.
Section 8120 of the Act requires that a spend plan be submitted
prior to the initial obligation of funds. The Committee expects the
Director of DSCA to ensure the appropriate distribution of funds
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with two-year availability, which accounts for more than half of the
funding provided. The Act also requires quarterly reports on the
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use and status of funds, which shall include amounts appropriated,
obligated, and expended for each budget activity and sub-activity
for DSCA, including base and overseas contingency operations
funding. The spend plan and quarterly reports should include such
information for each program listed in the OP–5 budget justifica-
tion document for DSCA as modified by this Act and report.
The Committee does not recommend funding for a proposed Na-
tional Defense Strategy Implementation Account and notes that
the implementation of the National Defense Strategy extends well
beyond the scope of programs funded under this heading. Instead,
the Committee recommends funding for International Security Co-
operation Programs, the Combating Terrorism and Irregular War-
fare Fellowship Program, and the Ministry of Defense Advisors
Program.
The Committee recommendation provides $1,141,048,000 for
International Security Cooperation Programs. The Committee di-
rects that congressional notifications submitted for such programs
specify the funding source (including fiscal year and base or over-
seas contingency operations), whether such funds support ongoing
or new programs, and the duration and expected cost over the life
of each program.
The Committee recommendation rejects several reductions pro-
posed in the budget request. The recommendation provides not less
than $160,000,000, an increase of $63,377,963 above the request,
for International Security Cooperation Programs with countries in
the Africa Command area of responsibility. The recommendation
also provides not less than $130,000,000, an increase of
$60,553,073 above the request, for International Security Coopera-
tion Programs with countries in the Southern Command area of re-
sponsibility.
The Committee recommendation transfers $26,006,000 requested
for international programs under Drug Interdiction and Counter-
Drug Activities, Defense to this heading to build the capacity of
countries in the Northern Command and Southern Command areas
of responsibility to counter illicit drug trafficking. More broadly,
the Committee notes that counter-illicit drug trafficking programs
supported under this heading should complement, not replace pro-
grams supported by the Department of State, and urges close co-
ordination between both departments. The Committee directs that
notifications submitted by DSCA for counter-illicit drug trafficking
programs include information on related programs being conducted
by other federal agencies.
The Committee recommendation provides $220,000,000, an in-
crease of $10,928,776 above the request, for International Security
Cooperation Programs with countries in the Central Command
area of responsibility. Not less than $105,250,000 is included for
Jordan, which is the same as the budget request. The Committee
directs that such amounts be specified in the spend plan required
by this Act. The Committee also supports programs to enhance se-
curity along the Tajikistan-Afghanistan border.
The Committee directs that such funds provided above the re-
quest for International Security Cooperation Programs be used to
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enhance existing programs with countries such as Colombia, and to
continue programs for countries that would otherwise not receive
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111
funding under the budget request submission, including Morocco,
Oman, and Costa Rica.
The Committee recommendation provides $290,662,471 for Inter-
national Security Cooperation Programs with countries in the Indo-
Pacific Command area of responsibility, as requested, including for
maritime security programs.
The Committee notes the ongoing conflict in eastern Ukraine due
to Russian aggression. Last year, the Organization for Security and
Cooperation in Europe Special Monitoring Mission to Ukraine re-
corded 299,633 cease-fire violations, 3,373 explosions, and 148 civil-
ian casualties. The Committee also notes Ukraine’s contributions to
NATO operations and welcomes the selection of Ukraine as one of
six enhanced opportunities partners, which will increase access to
programs, exercises, and information sharing.
The Committee recommendation continues support for the de-
fense of Ukraine by providing $275,000,000 for the Ukraine Secu-
rity Assistance Initiative, an increase of $25,000,000 above the re-
quest. The recommendation does not provide additional funding for
Ukraine under International Security Cooperation Programs. The
Committee expects the Government of Ukraine to continue to adopt
and implement reforms in the security sector and to reduce corrup-
tion in the security services and directs the Secretary of Defense
to update the report required by House Report 116–84 not later
than 90 days after the enactment of this Act.
The Committee is concerned with the inability of the Department
of Defense to obligate funds for the Ukraine Security Assistance
Initiative in a timely manner. The recommendation includes lan-
guage exempting funds from apportionment and requires the Sec-
retary of Defense to inform the congressional defense committees
if funds have not been obligated 60 days after a congressional noti-
fication is submitted. Furthermore, the Committee directs the Sec-
retary of Defense, in coordination with the Director of DSCA, to re-
view the Department’s policies and procedures with respect to
funding for the Ukraine Security Assistance Initiative, and to sub-
mit a report to the House and Senate Appropriations Committees
not later than 60 days after the enactment of this Act on steps
taken to improve the delivery and timeliness of assistance.
The Committee recommendation provides $292,612,243, an in-
crease of $6,174,901 above the request, for International Security
Cooperation Programs with countries in the European Command
area of responsibility. The Committee supports efforts to strength-
en deterrence against Russian aggression. The Committee rec-
ommendation provides $150,000,000 for International Security Co-
operation Programs with Estonia, Latvia and Lithuania through
the Baltic Security Initiative, including $50,000,000 to enhance the
integrated air defense of such countries. Such amounts shall be in-
cluded under the European Command area of responsibility in the
spend plan required by this Act. Additionally, not later than 90
days after the enactment of this Act and prior to the initial obliga-
tion of funds for the Baltic Security Initiative, the Secretary of De-
fense, in coordination with the Secretary of State, is directed to
submit a strategy to the congressional defense committees for the
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Baltic Security Initiative, which shall include goals, objectives, and
milestones for programs supported by the initiative, as well as in-
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formation on the capabilities of each country and their financial
contributions towards their own security, the NATO alliance, and
programs supported by the initiative.
The Committee recommends a focus on programs that advance
the recruitment, employment, development, retention, and pro-
motion of women in foreign security forces. Not later than 90 days
after the enactment of this Act, the Committee directs the Sec-
retary of Defense to submit a report to the congressional defense
committees on DSCA programs and policies that advance such
goals. The report shall include information on current programs,
including funding that supports such programs, and the results.
The Secretary shall consult with the House and Senate Appropria-
tions Committees prior to the obligation of additional funding pro-
vided for International Security Cooperation Programs women’s
programs.
The Committee supports training for foreign security forces in
human rights, which is a required component of building partner-
ship capacity programs. The Committee directs that notifications
submitted for such programs include information on the subject
matter, type, duration, and cost of such training.
The Committee supports the provision of Department of Defense
excess defense articles to enhance the security of partners countries
but notes that such programs could operate in a more strategic
manner. The Secretary of Defense is currently required to submit
a report that contains a list of expected defense articles that are
likely to become available for transfer during the next 12 months,
and another report that contains a list of countries eligible for such
transfers. The Committee recommends greater integration of the
information contained in these two reports, as well as how pro-
posed transfers can be integrated into an overall country security
cooperation plan. The Committee directs the Director of DSCA to
consult with the House and Senate Appropriations Committees not
later than 45 days after the enactment of this Act on efforts to im-
prove such programs.
The Committee recommendation includes funds above the re-
quest for DSCA Regional Centers and notes the important role that
these centers play in building strong and sustainable international
networks of security leaders, which furthers United States objec-
tives and leadership.
The Committee recommendation includes $21,814,000 for DSCA
headquarters. The Committee is concerned with the apparent lack
of budget controls to ensure DSCA adheres to congressionally di-
rected levels for headquarters expenses and includes language lim-
iting such costs.
The Committee recommendation includes funding requested
under this heading for the Lift and Sustain program, which pro-
vides support to allied forces participating in a combined operation
with the armed forces of the United States and coalition forces sup-
porting military and stability operations. The Committee is con-
cerned, however, with the proper management and execution of
prior year funds by the Department of Defense. The Committee di-
rects the Secretary of Defense to assess the policies and procedures
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in place for this program and, not later than 60 days after the en-
actment of this Act and prior to the initial obligation of funds pro-
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vided in this Act for these purposes, to submit a report to the
House and Senate Appropriations Committees detailing changes
made to address such problems, including those made at the rec-
ommendation of the Government Accountability Office. The Com-
mittee also expects the Secretary of Defense to promptly notify the
Committees upon any finding of a similar issue in the future.
The Committee recommendation includes requested funding for
border security, including support to Jordan and Tunisia.
STANDARDS AND PROTOCOLS ON COUNTERING CYBERSECURITY
INCIDENTS
The Committee notes that in July 2016 the North Atlantic Trea-
ty Organization (NATO) recognized cyberspace as a domain of oper-
ations in which NATO must defend itself as it does in other oper-
ational domains. The Committee directs the Secretary of Defense,
in consultation with the Secretary of State, to submit a report to
the House and Senate Appropriations Committees not later than
180 days after the enactment of this Act on common NATO stand-
ards and protocols for countering cybersecurity incidents.
ZERO TRUST ARCHITECTURE
The Committee encourages the Secretary of Defense to imple-
ment a Zero Trust Architecture to increase its cybersecurity pos-
ture and enhance the Department’s ability to protect its systems
and data.
NOISE MITIGATION COMMUNITIES PARTNERSHIPS
The Committee is aware of the negative effects that jet noise has
on communities near installations with airfields.Given the concerns
raised by communities, the Committee directs the Secretary of De-
fense to utilize the noise assessments found in environmental im-
pact studies (EIS) to measure the level of jet noise generated by
aviation assets and to make that noise measurement data available
to affected communities. If an EIS assessment has already deter-
mined the effects of noise to the surrounding community to be dam-
aging to the local community, that assessment should be used as
the underlying data for consideration of relief. Data should be as-
sessed from communities near both active and reserve installations
with airfields.
After reviews of the EIS are completed, the Committee directs
the Office of Economic Adjustment to work with communities and
the Service Secretaries to find measures that would mitigate any
impacts from noise caused by defense aviation activities, with spe-
cial attention to communities with new airframes.All types of miti-
gation efforts should be considered for implementation.The Com-
mittee directs the Office of Economic Adjustment to submit a re-
port to the congressional defense committees not later than 180
days after the enactment of this Act on the progress it has made
reviewing each of the assessments, to date, with a list of the com-
munities involved, the timeline for completion of all of the assess-
ments for each of the communities with installations with air-
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fields,examples of tools to mitigate the impact of jet noise, and the
costs involved in each of these steps.
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To ensure the program is resourced for success, the Committee
recommendation includes $50,000,000, to be used over two years,
to provide grants to communities affected by excessive noise.
Grants to communities shall be provided on a priority basis deter-
mined by the participating communities to entities such as hos-
pitals, daycare facilities, schools, senior citizen facilities, and pri-
vate homes within a mile of the airfield.
LOCAL MEDIA
The Committee directs the Secretary of Defense and the Service
Secretaries that of the funds allocated for advertising, public rela-
tions, and marketing in this Act, funds shall be designated for local
media, consisting of local television and radio broadcast stations
and local newspapers. The Committee also directs the Secretary of
Defense and the Service Secretaries to provide a report not later
than 90 days after the enactment of this Act, and quarterly there-
after throughout fiscal year 2021, to the congressional defense com-
mittees, detailing how the Department of Defense and the military
Services are spending advertising, public relations, and marketing
related appropriations and what portion of these budgets are being
spent on local media. The Committee further directs each Depart-
ment and agency funded by this Act with annual advertising budg-
ets in excess of $500,000 to include in its fiscal year 2022 budget
justification submission details on expenditures on local media ad-
vertising for fiscal years 2020 and 2021.
OPERATION AND MAINTENANCE, ARMY RESERVE
Fiscal year 2020 appropriation .......................................................... $2,984,494,000
Fiscal year 2021 budget request ....................................................... 2,934,717,000
Committee recommendation .............................................................. $3,004,717,000
Change from budget request ............................................................. +70,000,000
The Committee recommends an appropriation of $3,004,717,000
for Operation and Maintenance, Army Reserve which will provide
the following program in fiscal year 2021:
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OPERATION AND MAINTENANCE, NAVY RESERVE
Fiscal year 2020 appropriation .......................................................... $1,102,616,000
Fiscal year 2021 budget request ....................................................... 1,127,046,000
Committee recommendation .............................................................. 1,155,746,000
Change from budget request ............................................................. +28,700,000
The Committee recommends an appropriation of $1,155,746,000
for Operation and Maintenance, Navy Reserve which will provide
the following program in fiscal year 2021:
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OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
Fiscal year 2020 appropriation .......................................................... $289,076,000
Fiscal year 2021 budget request ....................................................... 284,656,000
1Committee recommendation ............................................................ 322,706,000
Change from budget request ............................................................. +38,050,000
The Committee recommends an appropriation of $322,706,000 for
Operation and Maintenance, Marine Corps Reserve which will pro-
vide the following program in fiscal year 2021:
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OPERATION AND MAINTENANCE, AIR FORCE RESERVE
Fiscal year 2020 appropriation .......................................................... $3,227,318,000
Fiscal year 2021 budget request ....................................................... 3,350,284,000
Committee recommendation .............................................................. 3,300,284,000
Change from budget request ............................................................. ¥50,000,000
The Committee recommends an appropriation of $3,300,284,000
for Operation and Maintenance, Air Force Reserve which will pro-
vide the following program in fiscal year 2021:
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OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
Fiscal year 2020 appropriation .......................................................... $7,461,947,000
Fiscal year 2021 budget request ....................................................... 7,420,014,000
Committee recommendation .............................................................. 7,611,147,000
Change from budget request ............................................................. +191,133,000
The Committee recommends an appropriation of $7,611,147,000
for Operation and Maintenance, Army National Guard which will
provide the following program in fiscal year 2021:
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JOINT FORCE HEADQUARTERS ANALYSIS CELLS
Intelligence fusion centers are information sharing hubs that pro-
vide threat-related information to federal, state, and local agencies.
These centers allow the flexibility to determine which critical infra-
structure areas merit the dedication of resources on each govern-
mental level. The Committee recognizes that the National Guard
Bureau is developing a Joint Force Headquarters Analysis Cell con-
cept to expand state-level intelligence capabilities. As this work
progresses, the Committee encourages the Chief, National Guard
Bureau to consult with state-level entities, particularly individual
state National Guard units who specialize in this area, to integrate
key aspects of concepts that have already proved successful at the
state level.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
Fiscal year 2020 appropriation .......................................................... $6,655,292,000
Fiscal year 2021 budget request ....................................................... 6,753,642,000
Committee recommendation .............................................................. 6,853,942,000
Change from budget request ............................................................. +100,300,000
The Committee recommends an appropriation of $6,853,942,000
for Operation and Maintenance, Air National Guard which will pro-
vide the following program in fiscal year 2021:
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NATIONAL GUARD BUREAU STATE WEBSITE MODERNIZATION AND
STANDARDIZATION
The Committee believes the Air National Guard must continu-
ously strive to reach its recruitment and sustainment goals to meet
the personnel needs of the National Guard Bureau. Meeting these
goals requires improved technological outreach via a modernized
digital experience. Website standardization, digital asset manage-
ment, and workflow modernization are all elements required for ef-
fective recruitment and sustainment of National Guard forces in
the 21st century. Currently, the Committee believes the Adjutant
Generals for individual states lack the tools needed to refine and
mirror the capabilities present at the federal level. Therefore, the
Committee encourages the Chief of the Air National Guard to pro-
vide robust funding for recruiting and advertising programs to im-
prove the digital experience, implement state specific website mod-
ernization, expand digital asset management, and modernize forms
to improve workflow.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
Fiscal year 2020 appropriation .......................................................... $14,771,000
Fiscal year 2021 budget request ....................................................... 15,211,000
Committee recommendation .............................................................. 15,211,000
Change from budget request ............................................................. –––
The Committee recommends an appropriation of $15,211,000 for
the United States Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
Fiscal year 2020 appropriation .......................................................... $251,700,000
Fiscal year 2021 budget request ....................................................... 207,518,000
Committee recommendation .............................................................. 264,285,000
Change from budget request ............................................................. +56,767,000
The Committee recommends an appropriation of $264,285,000 for
Environmental Restoration, Army.
ENVIRONMENTAL RESTORATION, NAVY
Fiscal year 2020 appropriation .......................................................... $385,000,000
Fiscal year 2021 budget request ....................................................... 335,932,000
Committee recommendation .............................................................. 404,250,000
Change from budget request ............................................................. +68,318,000
The Committee recommends an appropriation of $404,250,000 for
Environmental Restoration, Navy.
ENVIRONMENTAL RESTORATION, AIR FORCE
Fiscal year 2020 appropriation .......................................................... $485,000,000
Fiscal year 2021 budget request ....................................................... 303,926,000
Committee recommendation .............................................................. 509,250,000
Change from budget request ............................................................. +205,324,000
The Committee recommends an appropriation of $509,250,000 for
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Environmental Restoration, Air Force.
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ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
Fiscal year 2020 appropriation .......................................................... $19,002,000
Fiscal year 2021 budget request ....................................................... 9,105,000
Committee recommendation .............................................................. 19,952,000
Change from budget request ............................................................. +10,847,000
The Committee recommends an appropriation of $19,952,000 for
Environmental Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED
DEFENSE SITES
Fiscal year 2020 appropriation .......................................................... $275,000,000
Fiscal year 2021 budget request ....................................................... 216,587,000
Committee recommendation .............................................................. 288,750,000
Change from budget request ............................................................. +72,163,000
The Committee recommends an appropriation of $288,750,000 for
Environmental Restoration, Formerly Used Defense Sites. The
Committee expects the Secretary of Defense and the Service Secre-
taries to execute the Military Munitions Response Program in a
manner consistent with the budget request.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
Fiscal year 2020 appropriation .......................................................... $135,000,000
Fiscal year 2021 budget request ....................................................... 109,900,000
Committee recommendation .............................................................. 147,500,000
Change from budget request ............................................................. +37,600,000
The Committee recommends an appropriation of $147,500,000 for
Overseas Humanitarian, Disaster, and Civic Aid, which will pro-
vide the following program in fiscal year 2021:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
Budget Committee Change from
Request Recommended Request
FOREIGN DISASTER RELIEF ............................................................................. 20,000 35,000 15,000
Program increase ................................................................................... 15,000
HUMANITARIAN ASSISTANCE ........................................................................... 74,900 90,000 15,100
Program increase ................................................................................... 15,100
HUMANITARIAN MINE ACTION PROGRAM ........................................................ 15,000 22,500 7,500
Program increase ................................................................................... 7,500
TOTAL, OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID .............. 109,900 147,500 37,600
HUMANITARIAN ASSISTANCE
The Committee recommends an appropriation of $90,000,000 for
Humanitarian Assistance, which is $15,100,000 above the budget
request. The Committee supports the use of such assistance to
strengthen basic education in host countries, which should be co-
ordinated with other federal agencies and non-government organi-
zations, as appropriate.
SPEND PLAN
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The Committee remains interested in the details of funds pro-
vided for Humanitarian Assistance and the Humanitarian Mine
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Program. As such, the Committee directs the Secretary of Defense
to submit a spend plan to the House and Senate Appropriations
Committees not later than 45 days after the enactment of this Act
for funds for Humanitarian Assistance and the Humanitarian Mine
Action Program. The plan shall include amounts planned for each
combatant command and country and a comparison to such
amounts provided in the previous two fiscal years. The Committee
also directs the Secretary of Defense to include this detailed infor-
mation as part of the Department’s fiscal year 2022 budget request
submission.
COOPERATIVE THREAT REDUCTION ACCOUNT
Fiscal year 2020 appropriation .......................................................... $373,700,000
Fiscal year 2021 budget request ....................................................... 238,490,000
Committee recommendation .............................................................. 360,190,000
Change from budget request ............................................................. +121,700,000
The Committee recommends an appropriation of $360,190,000 for
the Cooperative Threat Reduction Account which will provide the
following program in fiscal year 2021:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
Budget Committee Change from
Request Recommended Request
Strategic Offensive Arms Elimination ............................................................ 2,924 2,924 0
Chemical Weapons Destruction ...................................................................... 11,806 11,806 0
Global Nuclear Security .................................................................................. 20,152 35,852 15,700
Program increase—Global Nuclear Security ......................................... 15,700
Biological Threat Reduction Program ............................................................. 127,396 225,396 98,000
Program increase—Biological Threat Reduction Program ................... 98,000
Proliferation Prevention Program .................................................................... 52,064 60,064 8,000
Program increase—Proliferation Prevention Program .......................... 8,000
Other Assessments/Admin Costs .................................................................... 24,148 24,148 0
TOTAL, COOPERATIVE THREAT REDUCTION ACCOUNT ........................... 238,490 360,190 121,700
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT ACCOUNT
Fiscal year 2020 appropriation .......................................................... $400,000,000
Fiscal year 2021 budget request ....................................................... 58,181,000
Committee recommendation .............................................................. 198,501,000
Change from budget request ............................................................. +140,320,000
The Committee recommends an appropriation of $198,501,000 for
the Department of Defense Acquisition Workforce Development Ac-
count which will provide the following program in fiscal year 2021:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
Budget Committee Change from
Request Recommended Request
TRAINING AND DEVELOPMENT 55,386 174,801 119,415
Transfer from OM,A line 435; OM,N line 4B3N, and OM,AF line 41B .. 119,415
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RETENTION AND RECOGNITION 1,358 3,445 2,087
Transfer from OM,AF line 41B ............................................................... 2,087
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EXPLANATION OF PROJECT LEVEL ADJUSTMENTS—Continued
[In thousands of dollars]
Budget Committee Change from
Request Recommended Request
RECRUITING AND HIRING 1,437 20,255 18,818
Transfer from OM,AF line 41B ............................................................... 18,818
TOTAL, DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT ACCOUNT .......................................................... 58,181 198,501 140,320
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TITLE III
PROCUREMENT
The fiscal year 2021 Department of Defense procurement budget
request totals $130,866,091,000. The Committee recommendation
provides $133,633,757,000 for the procurement accounts. The table
below summarizes the Committee recommendations:
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REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS
FUNDING)
The Secretary of Defense is directed to continue to follow the re-
programming guidance as specified in the report accompanying the
House version of the Department of Defense Appropriations bill for
Fiscal Year 2008 (House Report 110–279). Specifically, the dollar
threshold for reprogramming funds shall be $10,000,000 for pro-
curement and research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is directed to
continue to provide the congressional defense committees quarterly,
spreadsheet-based DD Form 1416 reports for Service and defense-
wide accounts in titles III and IV of this Act. Reports for titles III
and IV shall comply with the guidance specified in the explanatory
statement accompanying the Department of Defense Appropria-
tions Act, 2006. The Department shall continue to follow the limita-
tion that prior approval reprogrammings are set at either the speci-
fied dollar threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined value
of transfers into or out of a procurement (P–1) or research, develop-
ment, test and evaluation (R–1) line exceeds the identified thresh-
old, the Secretary of Defense must submit a prior approval re-
programming to the congressional defense committees. In addition,
guidelines on the application of prior approval reprogramming pro-
cedures for congressional special interest items are established
elsewhere in this report.
FUNDING INCREASES
The funding increases outlined in these tables shall be provided
only for the specific purposes indicated in the tables.
PROCUREMENT SPECIAL INTEREST ITEMS
Items for which additional funds have been recommended or
items for which funding is specifically reduced as shown in the
project level tables detailing recommended adjustments or in para-
graphs using the phrase ‘‘only for’’ or ‘‘only to’’ in this report are
congressional special interest items for the purpose of the Base for
Reprogramming (DD Form 1414). Each of these items must be car-
ried on the DD Form 1414 at the stated amount, as specifically ad-
dressed elsewhere in this report.
AUTONOMIC LOGISTICS INFORMATION SYSTEM
The budget justification documents submitted with the fiscal
year 2021 budget request indicate that the Department of Defense
has received $394,017,000 through fiscal year 2020 for equipment
related to the Autonomic Logistics Information System (ALIS) for
the F–35 Joint Strike Fighter. The request for ALIS equipment in
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fiscal year 2021 is $59,361,000 across all variants of the F–35, an
increase of $17,498,000 over fiscal year 2020.
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The Committee recommends funding this request only because
there is little choice but to sustain the F–35 enterprise with the ex-
isting ALIS until the Department determines a clear path to
transitioning to a new system. Although ALIS is an integral part
of the F–35 weapon system, the evidence to date indicates the ini-
tial design and implementation of ALIS has failed to meet its in-
tended purpose. Rather than facilitating the maintenance and
readiness of F–35 aircraft, ALIS perversely absorbs additional per-
sonnel and time to remedy its common problems and institute
workarounds. The Government Accountability Office has reported
continuing problems with ALIS such as a lack of trustworthy data
and a high number of deficiency reports.
The parallels to the Air Force’s recent experience with the Re-
mote Visual System (RVS) on the KC–46 are noticeable. Like the
RVS system until recently, the development of the ALIS system
has suffered from vague requirements, lack of objective perform-
ance measures, a design based on hardware and software that has
been overtaken by technological innovation during the program’s
prolonged development, overreliance on the assumption that the
prime contractor is properly incentivized to deliver a system that
meets the needs of the warfighter, and a lack of senior leadership
intervention until the problems became too large to ignore.
The Committee acknowledges that the Department currently is
pursuing efforts to improve the existing ALIS while planning to
transition to a new system known as the Operational Data Inte-
grated Network (ODIN), the plan for which has not been fully de-
veloped. It is unclear whether this new approach is adequately
resourced, and the Committee is concerned that the present atten-
tion to ALIS again will be overcome by the demands of managing
changes to the air vehicle itself as the Department proceeds
through follow-on modernization. Based on the information pro-
vided thus far, it appears that ODIN likely will result in significant
dematerialization of the ALIS system by transitioning capabilities
currently hosted on individual servers to a cloud-based environ-
ment, therefore rendering much of the currently procured equip-
ment unnecessary.
Therefore, the Committee directs the Director of the F–35 Joint
Program Office to submit a report that includes an estimate of the
full procurement cost of equipment required to support the legacy
ALIS for all aircraft in the program of record, as well as an esti-
mate of the cost savings in equipment procurement that can be de-
rived from the transition to ALIS Next and subsequent transition
to ODIN. This report shall be submitted to the congressional de-
fense committees not later than 90 days after the enactment of this
Act.
USE OF ADVANCED PROCUREMENT FUNDING
In many instances the Committee supports departmental re-
quests for advanced procurement (AP) funding. As reflected in the
Department’s Financial Management Regulation (FMR), AP fund-
ing is provided in a fiscal year prior to the year in which the re-
lated end item is to be procured. This allows for the early funding
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of long-lead components in order to preserve an orderly delivery
schedule for that major end item. When authorized, AP may also
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be used to fund economic quantity orders under a multiyear con-
tract in order to promote supplier stability and save money com-
pared to annual contracting.
The Committee notes that there have been recent instances in
which the Department has not used AP funding for its intended
and legitimate purpose, but instead has treated it either as incre-
mental funding or as a fungible source of money that can be used
for any and all purposes within the related program. This situation
has arisen in cases where AP funding has been requested and re-
ceived, but the quantities of end items to be procured in the suc-
ceeding year has changed.
The Committee directs the Under Secretary of Defense (Comp-
troller) to ensure that AP funds are both requested and executed
properly according to the FMR. The Committee will continue to ex-
ercise its proper role by denying or rescinding funds for AP that
are not used appropriately.
AIRCRAFT PROCUREMENT, ARMY
Fiscal year 2020 appropriation .......................................................... $3,771,329,000
Fiscal year 2021 budget request ....................................................... 3,074,594,000
Committee recommendation .............................................................. 3,503,013,000
Change from budget request ............................................................. +428,419,000
The Committee recommends an appropriation of $3,503,013,000
for Aircraft Procurement, Army which will provide the following
program in fiscal year 2021:
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CH–47F CHINOOK BLOCK II
The Committee remains concerned with the Army’s lack of sup-
port for the CH–47F Block II program. The Chief of Staff of the
Army certified the need for this capability less than three years ago
and the Department of Defense Appropriations Act, 2020 outlined
certain expectations for future CH–47F Block II funding. The Com-
mittee recommendation includes an additional $198,000,000 for the
first five F Block II aircraft in fiscal year 2021, and an additional
$29,000,000 in advanced procurement to enable the second lot of
five F Block II aircraft in fiscal year 2022. The Committee expects
the Secretary of the Army to restore funding for the CH–47F Block
II program across the next future years defense program when the
fiscal year 2022 budget request is submitted.
DEGRADED VISUAL ENVIRONMENT
The Degraded Visual Environment Pilotage System (DVEPS) is
a quick reaction capability on MH–60, MH–47, and HH–60 rotor-
craft. The Committee is concerned that the Army has not developed
a comprehensive strategy to transition DVEPS to a Degraded Vis-
ual Environment program of record for enduring future vertical lift
platforms. Operational testing of DVEPS has demonstrated in-
creased situational awareness of hazards during all phases of
flight, a key enabler for aircraft to fly in multi-domain operations
using tactics, techniques, and procedures to counter anti-access,
area denial threats. The Committee directs the Secretary of the
Army to submit a report to the congressional defense committees
not later than 120 days after the enactment of this Act which out-
lines DVEPS role in future vertical lift platforms.
MISSILE PROCUREMENT, ARMY
Fiscal year 2020 appropriation .......................................................... $2,995,673,000
Fiscal year 2021 budget request ....................................................... 3,491,507,000
Committee recommendation .............................................................. 3,419,333,000
Change from budget request ............................................................. ¥72,174,000
The Committee recommends an appropriation of $3,419,333,000
for Missile Procurement, Army which will provide the following
program in fiscal year 2021:
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PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
Fiscal year 2020 appropriation .......................................................... $4,663,597,000
Fiscal year 2021 budget request ....................................................... 3,696,740,000
Committee recommendation .............................................................. 3,696,263,000
Change from budget request ............................................................. ¥477,000
The Committee recommends an appropriation of $3,696,263,000
for Procurement of Weapons and Tracked Combat Vehicles, Army
which will provide the following program in fiscal year 2021:
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MK93 MACHINE GUN MOUNT
The Committee believes that the MK93 machine gun mount up-
grade will improve existing systems and supports Army moderniza-
tion investments that rely on the performance of the MK93 mount.
The Committee encourages the Secretary of the Army to include
funding for the MK93 machine gun mount upgrade in future budg-
et requests, as well as details on the Army’s plan to develop and
deploy the previously funded upgrade.
PROCUREMENT OF AMMUNITION, ARMY
Fiscal year 2020 appropriation .......................................................... $2,578,575,000
Fiscal year 2021 budget request ....................................................... 2,777,716,000
Committee recommendation .............................................................. 2,789,898,000
Change from budget request ............................................................. +12,182,000
The Committee recommends an appropriation of $2,789,898,000
for Procurement of Ammunition, Army which will provide the fol-
lowing program in fiscal year 2021:
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SUSTAINMENT OF MUNITIONS
The Joint Munitions Command provides the Army and the Joint
Force with ready, reliable, lethal munitions to sustain global oper-
ations. However, challenges exist to the organic industrial base in
securing the supply chain for a wide range of systems, including
munitions. The Committee believes that additional steps must be
taken to ensure the continued implementation of life-cycle needs
for ammunition. Therefore, the Committee directs the Secretary of
the Army to submit a report to the House and Senate Appropria-
tions Committees, not later than 90 days after the enactment of
this Act, which outlines the Army’s sustainment efforts as part of
the overall life-cycle management of all munitions programs. The
report shall include a review of potential cost savings and oper-
ational efficiencies gained by centralizing the sustainment of muni-
tions and explore how an automated process could determine the
critical levels of requirements and resources necessary to fulfill
them.
OTHER PROCUREMENT, ARMY
Fiscal year 2020 appropriation .......................................................... $7,581,524,000
Fiscal year 2021 budget request ....................................................... 8,625,206,000
Committee recommendation .............................................................. 8,453,422,000
Change from budget request ............................................................. ¥171,784,000
The Committee recommends an appropriation of $8,453,422,000
for Other Procurement, Army which will provide the following pro-
gram in fiscal year 2021:
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HIGH MOBILITY MULTIPURPOSE WHEELED VEHICLES
The Committee recommends a transfer of funds for the purpose
of obtaining new High Mobility Multipurpose Wheeled Vehicles
(HMMWVs) or ‘‘like-new’’ HMMWVs fully restored to zero-hours,
zero-miles condition by the installation of a new powered chassis.
The HMMWVs obtained with this funding shall incorporate any
necessary safety or capability improvements, including Anti-Lock
Braking and Electronic Stability Control systems. Obtaining
HMMWVs with a new, up-to-date chassis will enable future tech-
nology insertions and capability upgrades to the fleet and will re-
duce future sustainment costs and logistical challenges. Installing
safety enhancements on new production vehicles or new production
chassis will ensure that appropriate quality control and testing is
performed before vehicles are fielded.
AIRCRAFT PROCUREMENT, NAVY
Fiscal year 2020 appropriation .......................................................... $19,605,513,000
Fiscal year 2021 budget request ....................................................... 17,127,378,000
Committee recommendation .............................................................. 17,710,109,000
Change from budget request ............................................................. +582,731,000
The Committee recommends an appropriation of $17,710,109,000
for Aircraft Procurement, Navy which will provide the following
program in fiscal year 2021:
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F/A–18 E/F SUPER HORNET PRODUCTION
The Committee appreciates the focus that the Navy has recently
placed on reducing the strike fighter shortfall and improving the
readiness of its tactical aviation fleet. As such, the Committee con-
tinues to support the F/A–18 E/F Super Hornet program and funds
the request for 24 aircraft in fiscal year 2021. However, the Com-
mittee notes that the future years defense program eliminates the
further procurement of F/A–18 E/F aircraft, resulting in a reduc-
tion of three years of production and three squadrons of aircraft
from the previously planned future years defense program. The
Committee believes that the Navy’s decision to eliminate future
production of F/A–18 E/F aircraft is premature and requires fur-
ther analysis. The Navy states that this elimination of new aircraft
is offset by the startup of the F/A–18E/F Service Life Modification
(SLM) program, which will extend the life of the Super Hornet fleet
and maintain tactical aviation readiness. While this is somewhat
true, the SLM program is in its nascent stage and will take time
to contribute to fleet readiness levels. SLM also relies on a produc-
tion line of new Super Hornets for on-time parts and production ex-
pertise. It is unclear if the Navy has assessed the impact of elimi-
nating new Super Hornets on SLM cost, effectiveness, and the
long-term cost of sustaining an increasingly aging fleet.
The Committee directs the Secretary of the Navy to submit a re-
port to the congressional defense committees not later than 45 days
after the enactment of this Act that provides an update on the
Navy’s strike fighter shortfall projected over the next 20 years, the
impact of these previously mentioned outyear aircraft reductions on
this shortfall, and an updated schedule of inductions and deliveries
of aircraft in the SLM program. Further, the Committee directs the
Director of the Office of Cost Assessment and Program Evaluation
to provide a report to the congressional defense committees not
later than 45 days after the enactment of this Act on the life-cycle
cost assessment of aircraft inducted through SLM and new aircraft,
including procurement, personnel, and cost-per-flight hour compari-
sons.
V–22 NACELLE IMPROVEMENT PROGRAM
The nacelle improvement program modifies MV–22 and CV–22
aircraft to improve mission capable rates by ten percent per air-
craft. The program is one of the Marine Corps’ highest priorities for
V–22 readiness. The Committee encourages the Secretary of the
Navy to increase the program beyond the current common configu-
ration readiness and modernization effort to accelerate readiness
and maintainability of the Marine Corps V–22 fleet.
WEAPONS PROCUREMENT, NAVY
Fiscal year 2020 appropriation .......................................................... $4,017,470,000
Fiscal year 2021 budget request ....................................................... 4,884,995,000
Committee recommendation .............................................................. 4,378,594,000
Change from budget request ............................................................. ¥506,401,000
The Committee recommends an appropriation of $4,378,594,000
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for Weapons Procurement, Navy which will provide the following
program in fiscal year 2021:
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PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
Fiscal year 2020 appropriation .......................................................... $843,401,000
Fiscal year 2021 budget request ....................................................... 883,602,000
Committee recommendation .............................................................. 795,134,000
Change from budget request ............................................................. ¥88,468,000
The Committee recommends an appropriation of $795,134,000 for
Procurement of Ammunition, Navy and Marine Corps which will
provide the following program in fiscal year 2021:
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SHIPBUILDING AND CONVERSION, NAVY
Fiscal year 2020 appropriation .......................................................... $23,975,378,000
Fiscal year 2021 budget request ....................................................... 19,902,757,000
Committee recommendation .............................................................. 22,257,938,000
Change from budget request ............................................................. +2,355,181,000
The Committee recommends an appropriation of $22,257,938,000
for Shipbuilding and Conversion, Navy which will provide the fol-
lowing program in fiscal year 2021:
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TAO FLEET OILER PROGRAM
The Committee recognizes that Navy TAO Fleet Oilers are essen-
tial for providing fuel to deployed ships, allowing them and their
embarked aircraft to remain combat ready and extending the reach
of naval forces worldwide. However, while the Committee remains
supportive of the TAO Fleet Oiler program, it understands there
are long term affordability concerns with the program due to aggre-
gate capability and material choices made during the post-contract
award phase. The Committee also believes that ship costs must be
reduced in order to build the required fleet of ships. Therefore, the
Committee recommendation includes $20,000,000 for non-recurring
engineering costs to execute cost reduction initiatives and require-
ments changes that should be inserted into the TAO design as soon
as practical.
Additionally, the Committee directs the Secretary of the Navy to
submit a report to the congressional defense committees not later
than 45 days after the enactment of this Act that details how these
changes will be implemented and the savings they will produce.
SHIP TO SHORE CONNECTOR
The Committee remains supportive of the Ship to Shore Con-
nector (SSC) acquisition program which aims to replace the rapidly
aging Landing Craft Air Cushion vehicle fleet. While the Com-
mittee is concerned with program delays, it is encouraged by the
first craft delivery and the award to build the next 15 SSCs. This
award, which includes an additional SSC provided by Congress in
the Department of Defense Appropriations Act, 2020, helps fulfill
an important ‘‘Operational Maneuver from the Sea’’ requirement.
This will allow the Navy and Marine Corps to fulfill future amphib-
ious assault and humanitarian missions. The Committee encour-
ages the Secretary of the Navy to ensure next-generation SSC craft
continue to be an integral element of the fleet’s responsibilities for
ensuring personnel and equipment are supplied from amphibious
ships to the shore.
DDG–51 MULTI YEAR PROCUREMENT
The Committee continues to support the Navy’s stated goal of a
355-ship fleet, which is an essential part of the National Defense
Strategy and its emphasis on near-peer competitors. The Com-
mittee recognizes that DDG–51 Destroyers are the backbone of the
surface fleet, providing multi-mission flexibility and increasing ca-
pability with the introduction of the Flight III variant. The Com-
mittee understands the Navy has plans to develop and procure a
future Large Surface Combatant in the near future, and notes that
the current multi-year procurement of DDG–51s will end in fiscal
year 2022. The Committee believes that a follow-on DDG–51 multi-
year procurement contract awarded for fiscal year 2023 will ensure
that Flight III capability will be available to the fleet and the do-
mestic industrial base will be sustained until the award of the
Large Surface Combatant contract. The Committee encourages the
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Secretary of the Navy to review the potential benefits of awarding
a multi-year contract for DDG–51 Flight IIIs in fiscal year 2023.
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OTHER PROCUREMENT, NAVY
Fiscal year 2020 appropriation .......................................................... $10,075,257,000
Fiscal year 2021 budget request ....................................................... 10,948,518,000
Committee recommendation .............................................................. 9,986,796,000
Change from budget request ............................................................. ¥961,722,000
The Committee recommends an appropriation of $9,986,796,000
for Other Procurement, Navy which will provide the following pro-
gram in fiscal year 2021:
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PRIVATE CONTRACTED SHIP MAINTENANCE
The Committee is disappointed that the Department of the Navy
did not analyze the results of its private contracted ship mainte-
nance pilot program before requesting an additional $1,260,721,000
for the continuation of the program. The Committee also notes that
the quarterly updates do not include viable metrics to determine
whether the program is successful and should be continued. There-
fore, the Committee recommendation includes $815,945,000 for the
pilot program.
The funding provided in Other Procurement, Navy line 24 Ship
Maintenance, Repair and Modernization shall only be for such ac-
tivities executed in the United States and is hereby designated a
congressional special interest item. The Committee directs the Sec-
retary of the Navy to provide the congressional defense committees
the following in relation to the pilot—
1. An execution plan for the funding in Other Procurement, Navy
line 24, Ship Maintenance, Repair and Modernization. This shall be
submitted to the congressional defense committees prior to the exe-
cution of funding and shall include the following data points for
each ship included in the pilot program:
a. Ship class, hull number and name of each ship;
b. Type of availability;
c. Location of the work;
d. Execution plan start date;
e. Execution plan end date; and
f. Execution plan funded amount (in thousands).
2. Not later than 15 days after the end of each fiscal quarter, an
updated plan to the first report showing:
a. Ship class, hull number and name of each ship;
b. Type of availability;
c. Location of the work;
d. Actual or current estimate of start date;
e. Actual or current estimate of end date;
f. Actual funded amount and estimate to complete (in thou-
sands); and
the quarterly update shall also include an execution review of the
funding in line 1B4B Ship Depot Maintenance in Operation and
Maintenance, Navy.
Additionally, the Committee directs the Secretary of the Navy to
establish performance metrics for the program, to measure against
the metrics quarterly, and to submit a written analysis to the con-
gressional defense committees not later than 45 days after each
quarterly performance evaluation.
EXPLOSIVE ORDNANCE DISPOSAL EQUIPMENT
The Committee is concerned with the potential lack of avail-
ability of standard, qualified explosive ordnance disposal (EOD)
equipment for Navy divers.
The Committee directs the Secretary of the Navy to submit a re-
port to the congressional defense committees not later than 90 days
after the enactment of this Act on the standard equipment pro-
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vided to EOD divers, the age of such equipment, the process
through which EOD diving teams acquire new equipment, and
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whether additional resources are required to provide more up-to-
date and technologically advanced equipment.
PROCUREMENT, MARINE CORPS
Fiscal year 2020 appropriation .......................................................... $2,898,422,000
Fiscal year 2021 budget request ....................................................... 2,903,976,000
Committee recommendation .............................................................. 2,693,354,000
Change from budget request ............................................................. ¥210,622,000
The Committee recommends an appropriation of $2,693,354,000
for Procurement, Marine Corps which will provide the following
program in fiscal year 2021:
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AUTOMATED PARTS SCREENING AND SELECTION TOOL FOR ADDITIVE
MANUFACTURING
The automated parts screening and selection tool for additive
manufacturing is an innovative advancement for the use of additive
manufacturing throughout the Department of Defense. The tool
will create an automated methodology for additive manufacturing
parts selection in support of sustainment operations, particularly
for ground combat and combat support vehicles, and will identify
the best parts candidates for additive manufacturing that will have
the greatest impact on readiness. As part of the development of the
tool, a select group of identified parts will be additively manufac-
tured, installed, and field tested. The Committee encourages the
Secretary of the Navy to resource these innovations to improve
readiness and enhance warfighter capabilities.
AIRCRAFT PROCUREMENT, AIR FORCE
Fiscal year 2020 appropriation .......................................................... $17,512,361,000
Fiscal year 2021 budget request ....................................................... 17,908,145,000
Committee recommendation .............................................................. 19,587,853,000
Change from budget request ............................................................. +1,679,708,000
The Committee recommends an appropriation of $19,587,853,000
for Aircraft Procurement, Air Force which will provide the fol-
lowing program in fiscal year 2021:
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OPEN SKIES TREATY AND OC–135 RECAPITALIZATION
The Department of Defense Appropriations Act, 2019 included
$146,374,000 to begin the recapitalization of the two OC–135 air-
craft that perform United States flights under the Open Skies
Treaty. These funds were approved despite the Committee’s con-
cerns that the Air Force was unready to execute the program; con-
gressional approval was based on the insistence by the Office of the
Secretary of Defense that the funds were urgently required and
that the Air Force would be able to execute the acquisition within
the year of appropriation. The Committee’s concerns about execu-
tion proved well-founded and as of May 2020 little of the funding
had been spent; however, the Air Force finally appeared positioned
to award a contract for the program within the calendar year. On
May 21, the Administration announced its decision to withdraw
from the Open Skies Treaty and submitted the notice of intent
under the Treaty on the following day. This abrupt announcement
violated section 1234 of the National Defense Authorization Act for
Fiscal Year 2020, which requires the Secretaries of Defense and
State to notify Congress 120 days prior to any such action. The
Committee views this action as further confirmation of the Depart-
ment of Defense’s increasing disregard for the law and the Con-
gress. The Committee opposes the Administration’s decision to
withdraw from the Open Skies Treaty and is concerned with the
Administration’s apparent contempt for arms control measures.
The Committee further notes that the Department has signaled its
intent to reprogram the funding appropriated for the OC–135 re-
capitalization effort for other purposes. The Committee will not ap-
prove any such reprogramming and the recommendation rescinds
$158,448,000 of fiscal year 2019 and 2020 funding for OC–135 re-
capitalization.
BATTLEFIELD AIRBORNE COMMUNICATION NODE
The Department of Defense Appropriations Act, 2019 included
$100,000,000 to procure an additional RQ–4 aircraft modified for
the Battlefield Airborne Communication Node (BACN) mission. To
date that funding remains unexecuted, and the Air Force has pro-
posed in its fiscal year 2021 budget submission to divest the RQ–
4 Block 20 BACN aircraft and procure manned E–11 aircraft to re-
place them. The Committee supports the use of the fiscal year 2019
funding to execute the Air Force’s new plan for BACN and to expe-
dite the replacement of the January 2020 E–11 operational aircraft
loss.
LC–130H AIRCRAFT
The Air National Guard operates a unique fleet of ski-equipped
LC–130H aircraft capable of operating in the arctic and Antarctic
regions. In addition to supporting vital scientific research, the ca-
pabilities of these aircraft have increasing relevance due to growing
national interests in the arctic region. As the Department of De-
fense’s 2019 report on arctic strategy notes, the arctic region is
gaining importance through the combined effects of climate change
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and geopolitical competition for territorial claims, waterways and
underlying resources, with attendant implications for homeland se-
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212
curity. The report identifies the LC–130H wing as the only unit of
its kind capable of operating from ice locations in the arctic. While
the Committee notes that these aircraft have benefited from recent
propulsion upgrades, it is concerned that these aircraft are becom-
ing degraded by age and operational use.
Therefore, the Committee directs the Secretary of the Air Force
to submit a report to the congressional defense committees on the
status of these LC–130H aircraft not later than 90 days after the
enactment of this Act. The report shall include information on the
age and estimated service life of the aircraft, trends in operating
costs and mission capable rate, known sustainment and safety
problems, and the benefits of both completed and planned aircraft
modifications. Finally, the report shall include an estimate of the
cost of replacing these aircraft with C–130Js, including the cost of
modifications required to support the LC–130 wing’s unique mis-
sion.
MQ–NEXT
The Air Force’s fiscal year 2021 budget request proposes to ter-
minate production of MQ–9 aircraft, citing an excess of aircraft
compared to projected operational requirements. The Committee
does not accept this proposal and recommends additional funding
for 16 MQ–9 aircraft. The Committee is concerned that the Air
Force has reached this decision without adequate planning for a
follow-on system. The Committee is aware that the Air Force re-
cently released a request for information (RFI) to industry for im-
proved solutions for future unmanned aerial systems with both in-
telligence, surveillance, and reconnaissance and strike capabilities,
including a potential follow-on to the MQ–9. However, this RFI as-
sumes that initial operating capability would not be achieved until
2030, and the Air Force budget request includes only a small
amount of funding for concept exploration.
The Committee therefore directs the Secretary of the Air Force
to submit a report to the congressional defense committees not
later than the submission of the fiscal year 2022 budget request on
an MQ–9 follow-on program to be designated as MQ–Next. The
goal of the MQ–Next program should be to accelerate the develop-
ment and fielding of a next-generation medium altitude unmanned
aerial system. The report shall detail the desired features of such
a system, the cost and timeline required to achieve development
and fielding, proposed measures to ensure full and open competi-
tion, and an explanation of how such a system would fulfill the
goals of the National Defense Strategy.
F–15EX
The Committee continues to support the F–15EX program, which
was recently affirmed by the Air Force to be the most expedient
and cost-effective solution to addressing urgent availability prob-
lems with the F–15C/D fleet and improving fighter force capacity.
The Committee notes that the Air Force acquisition strategy in-
cludes the provision of F–15EX engines as government furnished
equipment. The Committee understands that the Air Force will
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procure engines for the initial stage of the program, which is being
executed under middle tier acquisition authorities for rapid field-
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ing, using a sole-source exception. The Committee is aware that the
Air Force recently issued a sources sought notice to determine mar-
ket capacity to deliver a fully integrated propulsion system for sub-
sequent lots of F–15EX aircraft. The Committee encourages the
Secretary of the Air Force to use full and open competition meth-
ods, including transparent selection criteria and due consideration
of life-cycle costs, consistent with the goals of the F–15EX program.
C–130 FLEET MANAGEMENT PLAN
The Committee directs the Secretary of the Air Force to submit
a report to the congressional defense committees with the submis-
sion of the fiscal year 2022 budget request, that presents the Air
Force’s long-term fleet management plan for C–130 aircraft. The
report shall address the Air Force’s updated assessment of the the-
ater airlift requirements and its plans to either recapitalize C–
130H aircraft or to maintain a split fleet with C–130J and modern-
ized C–130H aircraft. The report shall include, but is not limited
to, planned total active aerospace vehicle inventory numbers
throughout the future years defense program (FYDP) with justifica-
tions to any projected reduction in fleet size; projections of primary
aerospace vehicle inventory and backup aerospace vehicle inventory
per individual unit throughout the FYDP; plans to recapitalize C–
130H aircraft with C–130J aircraft with projected timelines and as-
sociated funding throughout the FYDP; plans to modernize C–130H
aircraft with projected timelines and associated funding throughout
the FYDP; and plans to modify proficiency training or deployment
requirements for units to account for any reduction in the number
of aircraft assigned to those units.
CRITICAL INFRASTRUCTURE INVESTMENTS
The Committee encourages the Secretary of the Air Force to
work with local governments to identify needed investments in sur-
face transportation projects that will provide additional road capac-
ity at congested or dangerous intersections, especially involving rail
lines, for efficient flow and safety of aerospace workforce 213A and
materiel deliveries to and from major national defense assets in-
volved in research, testing, assembly, and manufacturing.
MISSILE PROCUREMENT, AIR FORCE
Fiscal year 2020 appropriation .......................................................... $2,575,890,000
Fiscal year 2021 budget request ....................................................... 2,396,417,000
Committee recommendation .............................................................. 2,249,157,000
Change from budget request ............................................................. ¥147,260,000
The Committee recommends an appropriation of $2,249,157,000
for Missile Procurement, Air Force which will provide the following
program in fiscal year 2021:
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PROCUREMENT OF AMMUNITION, AIR FORCE
Fiscal year 2020 appropriation .......................................................... $1,625,661,000
Fiscal year 2021 budget request ....................................................... 596,338,000
Committee recommendation .............................................................. 609,338,000
Change from budget request ............................................................. +13,000,000
The Committee recommends an appropriation of $609,338,000 for
Procurement of Ammunition, Air Force which will provide the fol-
lowing program in fiscal year 2021:
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OTHER PROCUREMENT, AIR FORCE
Fiscal year 2020 appropriation .......................................................... $21,410,021,000
Fiscal year 2021 budget request ....................................................... 23,695,720,000
Committee recommendation .............................................................. 23,603,470,000
Change from budget request ............................................................. ¥92,250,000
The Committee recommends an appropriation of $23,603,470,000
for Other Procurement, Air Force which will provide the following
program in fiscal year 2021:
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PROCUREMENT, SPACE FORCE
Fiscal year 2020 appropriation .......................................................... $– – –
Fiscal year 2021 budget request ....................................................... 2,446,064,000
Committee recommendation .............................................................. 2,289,934,000
Change from budget request ............................................................. ¥156,130,000
The Committee recommends an appropriation of $2,289,934,000
for Procurement, Space Force which will provide the following pro-
gram in fiscal year 2021:
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PROCUREMENT, DEFENSE WIDE
Fiscal year 2020 appropriation .......................................................... $5,332,147,000
Fiscal year 2021 budget request ....................................................... 5,324,487,000
Committee recommendation .............................................................. 5,418,220,000
Change from budget request ............................................................. +93,733,000
The Committee recommends an appropriation of $5,418,220,000
for Procurement, Defense-Wide which will provide the following
program in fiscal year 2021:
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CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS
The Committee commends the Joint Program Executive Office
for Chemical, Biological, Radiological and Nuclear Defense (JPEO–
CBRND) for the fielding of dismounted reconnaissance sets, kits,
and system enhancement packages critical for CBRND capabilities.
These equipment sets provide situational awareness and accelerate
innovative technologies that extend the longevity of these capabili-
ties. The Committee encourages the Joint Program Executive Offi-
cer for JPEO–CBRND to ensure timely fielding of these capabili-
ties.
DEFENSE PRODUCTION ACT PURCHASES
Fiscal year 2020 appropriation .......................................................... $64,393,000
Fiscal year 2021 budget request ....................................................... 181,931,000
Committee recommendation .............................................................. 191,931,000
Change from budget request ............................................................. +10,000,000
The Committee recommends an appropriation of $191,931,000 for
the Defense Production Act Purchases which will provide the fol-
lowing program in fiscal year 2021:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
Budget Committee Change from
Request Recommended Request
DEFENSE PRODUCTION ACT PURCHASES 181,931 191,931 10,000
Program increase—3D carbon hypersonic materials ........................... 10,000
TOTAL, DEFENSE PRODUCTION ACT PURCHASES .......................... 181,931 191,931 10,000
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TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The fiscal year 2021 Department of Defense research, develop-
ment, test and evaluation budget request totals $106,224,793,000.
The Committee recommendation provides $104,348,089,000 for the
research, development, test and evaluation accounts. The table
below summarizes the Committee recommendations:
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REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS
FUNDING)
The Secretary of Defense is directed to continue to follow the re-
programming guidance as specified in the report accompanying the
House version of the Department of Defense Appropriations bill for
Fiscal Year 2008 (House Report 110–279). Specifically, the dollar
threshold for reprogramming funds shall be $10,000,000 for pro-
curement and research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is directed to
continue to provide the congressional defense committees quarterly,
spreadsheet-based DD Form 1416 reports for Service and defense-
wide accounts in titles III and IV of this Act. Reports for titles III
and IV shall comply with the guidance specified in the explanatory
statement accompanying the Department of Defense Appropria-
tions Act, 2006. The Department shall continue to follow the limita-
tion that prior approval reprogrammings are set at either the speci-
fied dollar threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined value
of transfers into or out of a procurement (P-1) or research, develop-
ment, test and evaluation (R-1) line exceeds the identified thresh-
old, the Secretary of Defense must submit a prior approval re-
programming to the congressional defense committees. In addition,
guidelines on the application of prior approval reprogramming pro-
cedures for congressional special interest items are established
elsewhere in this report.
FUNDING INCREASES
The funding increases outlined in these tables shall be provided
only for the specific purposes indicated in the tables.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST
ITEMS
Items for which additional funds have been recommended or
items for which funding is specifically reduced as shown in the
project level tables detailing recommended adjustments or in para-
graphs using the phrase ‘‘only for’’ or ‘‘only to’’ in this report are
congressional special interest items for the purpose of the Base for
Reprogramming (DD Form 1414). Each of these items must be car-
ried on the DD Form 1414 at the stated amount, as specifically ad-
dressed elsewhere in this report.
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS
The Committee was disappointed that the annual report on the
Department’s request for Federally Funded Research and Develop-
ment Centers (FFRDC) was delivered more than three months late
for the second consecutive year from the Office of the Under Sec-
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retary of Defense (Research and Engineering). This report is due
to Congress with the submission of the annual budget request. De-
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tails of FFRDC funding and staffing levels are incorporated into
the budget request in various programs, projects, and activities;
therefore, the Committee is confused why the annual summary re-
port, which assists in determining any necessary adjustments to
the FFRDC legislative provision, is consistently delivered late. The
Committee is also disturbed by the lack of transparency the Under
Secretary’s office provides to the Committee on possible changes it
seems to be contemplating for the use of FFRDCs. Therefore, the
Committee directs the Secretary of Defense to provide a report to
the congressional defense committees not later than 30 days after
the enactment of this Act, on the methodology and criteria being
used to assess each of the FFRDCs, the definition of core com-
petencies, and what, if any, transitions will take place in fiscal
years 2021 and 2022. The Secretary is also directed to inform the
congressional defense committees on possible changes to the policy
document for the FFRDC program, Department of Defense Instruc-
tion 5000.77, prior to the implementation of any decisions that are
made.
HUMAN PERFORMANCE OPTIMIZATION RESEARCH
The Committee believes that developmental programs aimed at
human performance optimization in the physical, cognitive, organi-
zational, and social domains could improve military readiness. The
Committee encourages the Service Secretaries to prioritize human
performance optimization research efforts and encourages utilizing
public-private partnerships when possible.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
Fiscal year 2020 appropriation .......................................................... $12,543,435,000
Fiscal year 2021 budget request ....................................................... 12,587,343,000
Committee recommendation .............................................................. 13,126,499,000
Change from budget request ............................................................. +539,156,000
The Committee recommends an appropriation of $13,126,499,000
for Research, Development, Test and Evaluation, Army which will
provide the following program in fiscal year 2021:
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SHOULDER LAUNCHED MUNITIONS
The Committee is concerned about the increased weight carried
by soldiers while utilizing shoulder launched munitions. The Sec-
retary of the Army is encouraged to consider employing mature
shoulder fired weapons technology which can address threats in a
defilade position. Additionally, the Committee directs the Secretary
of the Army to submit a report to the congressional defense com-
mittees not later than 90 days after the enactment of this Act de-
tailing the Army’s shoulder launched munitions procurement strat-
egy.
ADVANCED MANUFACTURING CENTER OF EXCELLENCE
The Committee commends the Army for establishing a Center of
Excellence for Advanced Manufacturing. The National Defense Au-
thorization Act for Fiscal Year 2019 required the Under Secretary
of Defense (Acquisition and Sustainment) and the Under Secretary
of Defense (Research and Engineering) to work with each of the
Service Secretaries to establish activities that demonstrate ad-
vanced manufacturing techniques and capabilities at depot-level ac-
tivities or military arsenal facilities. The Committee continues to
be supportive of this effort and directs the Secretary of Defense to
submit a report to the congressional defense committees not later
than 90 days after the enactment of this Act providing further de-
tail on the activities that have been identified by each Service.
DENGUE VACCINE DEVELOPMENT
Exposure to the dengue virus continues to be one of the largest
infectious disease threats facing the military. The impact of dengue
infection on troop health in multiple military operations, combined
with the continually expanding global endemic range makes the
lack of an effective tetravalent dengue vaccine an urgent issue. The
Committee encourages the Commanding General, United States
Army Medical Research and Development Command, to prioritize
the research and development of such a vaccine in order to reduce
the threat of dengue infection.
ARMY ARTIFICIAL INTELLIGENCE INNOVATION INSTITUTE
The Committee supports the Army Research Laboratory’s (ARL)
Army Artificial Intelligence Innovation Institute (A2I2) and its sup-
port of ARL’s various essential research programs. The A2I2 initia-
tive seeks to accelerate innovation in areas such as artificial intel-
ligence and machine and deep learning technologies that will be
critical to the success of future Army missions. The Committee rec-
ommendation includes an additional $20,000,000 to support these
efforts and expects the additional funds to remain under the pur-
view of ARL.
FUTURE LONG-RANGE ASSAULT AIRCRAFT
The Committee continues to support the Future Long-Range As-
sault Aircraft (FLRAA) program and notes it remains a top Army
modernization priority. The 2020 Army Aviation Strategic Plan and
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Modernization Roadmap notes that, as a result of the funding pro-
vided in the Department of Defense Appropriations Act, 2020, the
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Army has been able to accelerate the FLRAA program by four
years. To continue supporting this acceleration effort, the Com-
mittee recommendation includes an additional $20,000,000 for ro-
bust risk-mitigation efforts. The Committee expects these addi-
tional resources to be used to advance the program and shorten the
time required to achieve Milestone B of the acquisition process.
FUTURE VERTICAL LIFT SENSOR PAYLOADS
The Committee is concerned that the Army has not clearly de-
fined the acquisition strategy for Future Vertical Lift (FVL) mis-
sion equipment payloads and sensors. Due to the accelerated FVL
schedule and the desire for high technology readiness level sensor
payloads, the Army risks fielding advanced aircraft platforms
equipped with outdated payloads that will not meet desired oper-
ational capabilities. Therefore, the Committee directs the Secretary
of the Army to submit a report to the congressional defense com-
mittees not later than 90 days after the enactment of this Act, on
FVL mission equipment payloads and sensors. The report shall in-
clude the acquisition strategy for FVL mission equipment payloads
and sensors, including radar, electronic warfare, 360 distributed
aperture system, missile warning system, and advanced electro-op-
tical infrared system; planned risk reduction activities for the sen-
sor payloads; and an estimate of the cost and schedule for the de-
velopment and production of the required sensor payloads.
ARMY COMMAND POST
The Committee supports the development of advanced materials
and technologies in support of the next generation command post
and the expeditionary maneuver support mission for a more mobile
and protected forward deployed unit.
ARMORED DOOR ASSIST SYSTEMS
Due to increased armor protection, human operation of ground
vehicle doors has become increasingly challenging using operator
strength alone. Even lightly armored doors require a significant
amount of force to open, close, and hold into position. This chal-
lenge puts operators at risk, especially during emergency exit and
entry scenarios on the battlefield. The Committee encourages the
Secretary of the Army to research alternatives including passive
and active door assist devices which can support the Army in meet-
ing safety and performance specifications of any armored vehicle
door application.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
Fiscal year 2020 appropriation .......................................................... $20,155,115,000
Fiscal year 2021 budget request ....................................................... 21,427,048,000
Committee recommendation .............................................................. 20,165,874,000
Change from budget request ............................................................. ¥1,261,174,000
The Committee recommends an appropriation of $20,165,874,000
for Research, Development, Test and Evaluation, Navy which will
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provide the following program in fiscal year 2021:
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SMALL BUSINESS INNOVATION RESEARCH PROGRAM
The Small Business Innovation Research Program (SBIR) is de-
signed to attract small technology companies to participate in fed-
erally sponsored research and development in order to enable ad-
vances in innovative technology disruption. Despite significant in-
vestment and acquisition preference for SBIR companies, there are
few signs of creative disruptions. The failure of the Department of
Defense to capitalize on SBIR investments and incorporate disrup-
tive innovation is demonstrated by the repeated failure of the Navy
to sufficiently resource the Automated Test and Retest (ATRT) pro-
gram, which has produced transformative technology, including the
ATRT/AEGIS Virtual Twin.
The Committee recommendation includes a total of $34,797,000
for the ATRT program. Additionally, the Committee directs the
Secretary of the Navy to adhere to SBIR law and use SBIR award-
ees to the greatest extent practicable, thus allowing and assisting
SBIR awardees to commercialize technologies related to those de-
veloped under SBIR Phase I, II, and III awards.
UNDERGROUND FUEL STORAGE TANK RESEARCH
The Committee is concerned with the safety of underground fuel
storage tanks commonly used on military installations by the De-
partment of Defense. The Committee encourages the Secretary of
the Navy to conduct additional research on the safety of under-
ground fuel storage tanks to mitigate any risks to drinking water
supplies for military bases and surrounding communities. Research
areas should focus on advanced techniques for measuring and con-
trolling corrosion; improved testing, inspection, repair, and mainte-
nance of tanks; cost-effective secondary containment technology;
and groundwater monitoring and modeling.
ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM
The Committee is encouraged by the development of technologies
to provide secure and resilient battlefield networking capability re-
ferred to as the Mobile Unmanned/Manned Distributed Lethality
Airborne Network Joint Capability Technology Demonstration
project. The Committee encourages the Secretary of the Navy to
continue development and deployment of this technology to provide
an affordable capability with existing operational Department of
Defense systems.
INFRARED TELESCOPE TECHNOLOGY
The Committee recognizes the importance of infrared telescope
technology for northern sky surveys in the short-wave infrared H
and K bands, astrophysics observations, Earth orbital debris, and
space traffic management research. The collection of critical stellar
data supports future ground- and space-based defense systems. The
Committee encourages the Secretary of the Navy to prioritize re-
search for infrared telescope technology.
ANTI-CORROSION NANOTECHNOLOGY
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The Committee remains concerned about the high costs associ-
ated with fixing corrosion on Department of Defense platforms. The
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military, and in particular the Navy, face complex threats in the
Indo-Pacific region that require military equipment and infrastruc-
ture to be resilient and have maximum operational availability.
The Committee urges the Chief of Naval Research to pursue light-
weight, nanotechnology-based materials and coatings that provide
high corrosion resistance in order to decrease the cost of corrosion
and increase operational availability of military equipment and in-
frastructure.
OCEAN ACOUSTICS
The Committee recognizes that changes to ocean environments
and coastlines will create new security concerns and that the Navy
requires further research in ocean acoustics to be prepared to oper-
ate successfully and to monitor the changing environment. The
Committee encourages the Secretary of the Navy to work with aca-
demia to develop the ocean monitoring capabilities necessary to un-
derstand the rapidly changing ocean.
FOREIGN OBJECT DAMAGE
The Committee recognizes the harmful and expensive effects of
Foreign Object Damage (FOD) on tactical aircraft in the Depart-
ment of Defense and commends the Naval Air Systems Command
for attempting to reduce the number of these incidents. The Com-
mittee supports an integrated, modular approach to addressing this
issue and supports continued research on the integration of a sen-
sor and camera agnostic architecture within the Naval Air Systems
Command to determine the best solution for FOD detection and
mitigation. The Committee directs the Secretary of the Navy to
submit a report to the congressional defense committees not later
than 90 days after the enactment of this Act on the number of inci-
dents involving FOD in the last two years that have caused dam-
age and the cost of fixing the damage; the process the Navy is tak-
ing to establish a FOD mitigation approach and architecture; and
the cost avoidance associated with a comprehensive FOD mitiga-
tion architecture.
INTEGRATED POWER AND ENERGY SYSTEMS
The Committee recognizes that the Office of Naval Research is
researching power and energy alternatives, including reviewing
current ship design and de-risking of technologies for integrated
power and energy systems to support future growth of electric
pulse power demands of advanced electric mission loads. The Com-
mittee understands that as the Department of Defense moves to-
wards a digital engineering paradigm, a research effort is required
to make partner facilities compliant. It is vital to ensure facilities
are upgraded to the classification standard they require. The Com-
mittee encourages the Secretary of the Navy to work with partner
facilities to advance their integration into this new paradigm.
STERN TUBE SEALS
The Committee is aware of data indicating a higher than desired
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failure rate of stern tube seals on some classes of Navy ships.
Many of these seals are failing prior to major maintenance inter-
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vals when the ships are in dry dock for the scheduled replacement
of such equipment. The premature failure of these seals while at
sea can compromise the combat readiness of ships. The Committee
encourages the Secretary of the Navy to partner with the appro-
priate shipyards and industry partners to design, prototype, and
test new designs that are more durable, safe, and cost effective.
COASTAL ENVIRONMENTAL RESEARCH
The Committee understands the importance of the littoral region
to Navy operations worldwide and believes that testing and train-
ing must replicate the operational and threat environments that
submarines and unmanned systems are likely to encounter in these
areas. The Committee believes that additional research of the mag-
netic, electric, and acoustic ambient fields in the littoral regions
and the development of predictive techniques to distinguish ships
and submarines from naturally occurring background features
would be beneficial for littoral operations. The Committee encour-
ages the Secretary of the Navy to conduct additional research in
this area.
NAVY ALTERNATIVE ENERGY RESEARCH
The Committee recognizes the need for additional research by
the Navy in its efforts to create a more robust energy infrastruc-
ture, to reduce the cost of energy, and to increase energy security,
reliability, and resiliency at Department of the Navy facilities and
on naval platforms. A broader range of experimentation, proto-
typing, and development is necessary for future naval capabilities
related to powering maritime systems, at-sea persistent surveil-
lance and communications systems, and unmanned undersea vehi-
cle charging.
The Committee encourages the Secretary of the Navy to partner
with universities, affiliated research facilities, and other federal
agencies to conduct research on electrical power intermittency, in-
tegrating renewable energy sources into the grid, energy storage,
improved micro-grids, local generation of zero-carbon fuels, marine
hydrokinetic energy converters for autonomous systems, tactical
energy solutions, and the inspection and structural health moni-
toring of critical energy infrastructure.
INTERFERENCE MITIGATION TECHNOLOGY TEST AND VERIFICATION
The Committee encourages the Secretary of the Navy to establish
an independent verification and validation center that uses mod-
ular, open source hardware that allows new technology to be devel-
oped, tested, and fielded in a very rapid manner.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
FORCE
Fiscal year 2020 appropriation .......................................................... $45,566,955,000
Fiscal year 2021 budget request ....................................................... 37,391,826,000
Committee recommendation .............................................................. 36,040,609,000
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Change from budget request ............................................................. ¥1,351,217,000
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The Committee recommends an appropriation of $36,040,609,000
for Research, Development, Test and Evaluation, Air Force which
will provide the following program in fiscal year 2021:
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PROGRAM ELEMENT CONSOLIDATION
The Air Force’s fiscal year 2021 budget request for research, de-
velopment, test and evaluation proposes to eliminate funding for 14
program elements within the budget activities for applied research
and advanced technology development, and consolidate funding for
multiple budget program activity codes totaling approximately
$955,000,000 into one existing and five new program elements.
The Committee understands that the intent of the Air Force pro-
posal is to convert the existing geographically aligned budget struc-
ture into a more integrated format that better serves the Air
Force’s science and technology strategy. The Air Force believes this
consolidation will increase the transparency of its research and de-
velopment efforts and facilitate more coherent cross-domain solu-
tions to problem sets. Additionally, the Air Force proposes to con-
solidate most funding for acquisition workforce civilian pay funded
through this account into a single line by eliminating five program
elements and partially reducing another. The Committee under-
stands the intent of the Air Force and does not reject it outright,
but the Committee finds that one effect of this consolidation would
be the increased ability of the Department of Defense to realign
funding among different activities without seeking prior congres-
sional approval. The granting of additional budget flexibility to the
Department is based on the presumption that a state of trust and
comity exists between the legislative and executive branches re-
garding the proper use of appropriated funds. This presumption
presently is false. Since the Department has repeatedly dem-
onstrated its willingness to disregard congressionally mandated re-
programming procedures, the Committee cannot agree to provide
the additional budget flexibility the Air Force requested. The rec-
ommendation therefore restores funding for these activities to the
program elements and budget lines in which they were previously
funded. The Committee is open to reconsidering this proposal once
the Department’s leadership recommits to honoring Congress’s con-
stitutional power of the purse.
HYPERSONICS PROTOTYPING
The Committee recommendation fully funds the Air Force’s re-
quest of $381,862,000 for hypersonics prototyping; however, the
Committee continues to have concerns with the Air Force’s re-
peated failure to adequately budget for this program. The Air Force
received full funding for the fiscal year 2020 request of
$576,000,000 to continue two efforts: the air-launched rapid re-
sponse weapon (ARRW) and the hypersonic conventional strike
weapon (HCSW). The Committee noted in House Report 116–84
that HCSW had no programmed funding in fiscal year 2021 and
thereafter. The Committee was notified by the Air Force at the
time of the fiscal year 2021 budget submission that the HCSW ef-
fort would be terminated upon the conclusion of the critical design
review. The Committee views this decision as a direct consequence
of the Air Force’s failure to properly budget for the continuation of
the HCSW effort.
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At the same time, the remaining ARRW effort has seen dramatic
growth in cost estimates. A March 2018 non-advocate cost assess-
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ment produced an estimate of $854,700,000; the most recent esti-
mate from March 2020 is $1,364,000,000, a growth of nearly 60
percent. Entailed in this cost growth is a further increase to the
previously known budget shortfall for ARRW in fiscal year 2020,
which the Air Force intends to remedy by realigning $146,700,000
from the HCSW effort.
The Committee understands that the cost growth in ARRW is at-
tributable to cost elements that were not previously captured in
earlier estimates, yet these estimates have been used to establish
baselines for congressional reporting. The May 2019 ‘‘804
Triannual Report’’ submitted to the congressional defense commit-
tees by the Assistant Secretary of the Air Force (Acquisition, Tech-
nology and Logistics) used the March 2018 cost estimate as the
baseline for the ARRW effort, and a ten percent growth from this
baseline was established as a ‘‘guardrail’’ triggering congressional
notification. Even though the Air Force produced an updated cost
estimate of $1,213,000,000 in March 2019, an increase of nearly 42
percent over the previously reported figure, the October 2019
‘‘Triannual Report’’ simply substituted the new baseline for the
prior one. The latest estimate from March 2020 is more than 12
percent above even this revised baseline. These facts call into ques-
tion the value of existing reporting mechanisms for middle-tier ac-
quisition (MTA) programs. Even though the ARRW program now
appears to be fully funded in the fiscal year 2021 budget request,
it still projects relatively smaller shortfalls in fiscal years 2022 and
2023.
The Committee increasingly finds that the Department-wide
mantra of increasing speed and accepting greater risk in acquisi-
tion programs has not been matched by the necessary discipline
when it comes to programming, budgeting, and transparency. The
Government Accountability Office has found that most major MTA
programs are planning for transition to another MTA or a more
traditional major defense acquisition program. The Committee be-
lieves that the Air Force, and the Department in general, need to
plan for success by ensuring that the proper resources are pro-
grammed. Otherwise, future decision makers will be forced into
sub-optimal decisions for lack of resources, such as terminating an
effort prematurely, abruptly cancelling or reducing other programs
to find the necessary funds, or simply accepting ‘‘residual capa-
bility’’ of questionable long-term value. This has been acutely illus-
trated by the recent experience with the hypersonics prototyping
program.
While the Committee recommendation fully funds the ARRW
program, the Committee does not intend to approve funding for
further cost increases for the section 804 effort beyond the March
2020 estimate, whether through future budget submissions or re-
programming requests. The Committee also strongly urges the Sec-
retary of the Air Force to program funding for the transition of the
ARRW effort to production beginning with the submission of the
fiscal year 2022 request.
ADVANCED BATTLE MANAGEMENT SYSTEM
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The budget request includes $302,323,000 for the Advanced Bat-
tle Management System (ABMS). The requested funding is more
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than double the comparable level for fiscal year 2020, and the Com-
mittee notes that this program is projected to grow to
$1,087,601,000 by 2024 in the current future years defense plan
(FYDP). While the Committee acknowledges the need for a robust
and agile ‘‘sensor-to-shooter’’ network to meet the challenges of fu-
ture operating environments, and supports broad principles of the
ABMS approach such as open architecture and the avoidance of
‘‘vendor lock,’’ the Committee currently lacks enough confidence in
the Air Force’s structuring and execution of ABMS to support the
rate of budget growth beginning with the fiscal year 2021 request.
The Committee notes several weaknesses within the current
ABMS program that should be addressed before the Committee
agrees to the budget growth for ABMS envisioned in the current
FYDP. The Government Accountability Office (GAO) has identified
several of these weaknesses, such as the absence of firm require-
ments, acquisition strategy, or cost estimate, as well as the unclear
definition of responsibilities of the Chief Architect of the Air Force
and other offices involved in executing the ABMS program. While
the Air Force emphasizes that ABMS is being executed as a ‘‘non-
traditional’’ acquisition program, this reinforces rather than re-
duces the need for discipline in what GAO refers to as the control
environment. In addition, the Committee believes that the Air
Force needs to articulate a strategy for transitioning technologies
that are successfully developed by the ABMS program to existing
weapon systems and other programs of record. It is unclear how
the costs of fully integrating elements of the ABMS family of sys-
tems will be accounted for through their lifecycles across multiple
programs without simply being handed down as unfunded man-
dates to individual program managers. Finally, the Committee is
not confident that existing Air Force programs of record have been
adequately reviewed to ensure that they are consistent with the Air
Force’s vision for ABMS and its requirements, to the extent they
are actually known.
The budget justification documentation for the fiscal year 2021
request poorly describes how the requested funds will be executed,
but from additional information provided by the Air Force the Com-
mittee understands that the request includes approximately
$75,000,000 for ‘‘on ramp’’ exercises that are intended to dem-
onstrate potential technologies and capabilities. The Air Force in-
tends to conduct three such exercises in the fiscal year and sustain
this pace indefinitely. The Committee cannot ascertain any specific
requirement or other programmatic justification for conducting this
number of exercises, nor does the Committee have adequate con-
fidence in the cost estimate of $25,000,000 per exercise. It is un-
clear if the ABMS program intends to limit the scope of exercises
to the allocated funds, if other Air Force funds would be used to
augment such exercises as necessary, or if other efforts within the
ABMS program would be reduced in order to support the exercises
if their actual costs exceed the budgeted amounts. The Committee
therefore recommends a reduction of $50,000,000 to the ABMS pro-
gram and directs the Secretary of the Air Force to limit the total
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cost of ‘‘on ramp’’ exercises to no more than $25,000,000 in fiscal
year 2021.
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MINORITY LEADERS PROGRAM
The Committee supports the Minority Leaders Program, which
enables and enhances collaborative research partnerships between
Historically Black Colleges and Universities, Hispanic Serving In-
stitutions, and other Minority Serving Institutions and the Air
Force Research Laboratory. A critical aspect of the program is to
increase the core competencies of these institutions to make them
more competitive with academia and industry within their fields.
The Committee encourages the Secretary of the Air Force to exe-
cute the program in a manner that maximizes the funding and par-
ticipation of these institutions and the students that they serve.
SKYBORG AND LOW-COST ATTRITABLE AIRCRAFT TECHNOLOGY
The Committee supports the Air Force’s Skyborg effort, which
will develop and demonstrate an autonomy-focused suite of capa-
bilities enabling the Air Force to produce and sustain effective com-
bat mass using low-cost attritable aircraft technology (LCAAT)
teamed with manned platforms. An additional $100,000,000 for
LCAAT was provided in the Department of Defense Appropriations
Act, 2020 and accompanying language directed the Secretary of the
Air Force to execute that funding according to the spend plan sub-
mitted in March 2020. The Committee recommendation includes an
additional $25,000,000 for the Skyborg program and associated
LCAAT efforts. The Committee directs the Secretary of the Air
Force to submit a spend plan to the congressional defense commit-
tees encompassing this additional funding, as well as funding for
the Skyborg and LCAAT efforts included in the underlying fiscal
year 2021 budget request, not later than 90 days after the enact-
ment of this Act. The Committee encourages the Secretary of the
Air Force to pursue further prototyping of LCAAT systems con-
sistent with this spending plan and the Skyborg effort.
AFFORDABLE MULTI-FUNCTIONAL AEROSPACE COMPOSITES
The Committee recognizes that the development of scalable and
affordable multi-functional aerospace composites and nanocom-
posite manufacturing have great potential to contribute to im-
proved warfighter capabilities. The Committee encourages the Sec-
retary of the Air Force to engage in partnerships with public uni-
versities to rapidly advance scalable manufacturing of multi-func-
tional aerospace nanocomposites.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
SPACE FORCE
Fiscal year 2020 appropriation .......................................................... –––
Fiscal year 2021 budget request ....................................................... $10,327,595,000
Committee recommendation .............................................................. 10,187,840,000
Change from budget request ............................................................. ¥139,755,000
The Committee recommends an appropriation of $10,187,840,000
for Research, Development, Test and Evaluation, Space Force
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SPACE FORCE ORGANIZATION AND MANAGEMENT
The Committee believes the primary mission of the United
States Space Force is to provide capabilities from space in support
of all combatant commands, and views protecting and defending
the assets operating in the space domain as a necessary, but de-
rived, mission to assure space capabilities are available to support
all combatant commands during conflict. The Committee views the
Space Force investment priorities through this lens and expects the
Space Force will devote more time, attention, and funding to crit-
ical support capabilities, particularly with the weather satellite
program and future strategic satellite communications program.
The Committee, however, is most concerned that the Department
of the Air Force has no Senate-confirmed senior civilian leader sole-
ly focused on space with authority over acquisition, budget, and
long-term planning. The Committee believes this is a fundamental
problem which must be addressed for the Space Force to succeed.
Unlike the other Services, the Space Force budget is dominated by
unique technology-driven investments and system acquisitions with
research and development and procurement accounting for more
than 80 percent of the Space Force budget, with only 16 percent
for operations. A key challenge for the Space Force is addressing
the slow pace of acquisition, accelerating the delivery of next-gen-
eration capabilities, and improving its systems engineering and
programmatic discipline, particularly with respect to cost and
schedule. The unique nature of space program management and
systems engineering require dedicated civilian oversight and con-
trol for space programs. However, the Space Force does not yet
have a dedicated Service Acquisition Executive to focus exclusively
on these unique acquisition challenges. Therefore, the Committee
strongly urges the Secretary of the Air Force to accelerate the tran-
sition of the Service Acquisition Executive authority to the Assist-
ant Secretary of the Air Force for Space Acquisition and Integra-
tion and to seek a space acquisition professional to serve in this po-
sition. Further, the Committee recommendation includes
$15,000,000 for use by the Assistant Secretary of the Air Force for
Space Acquisition and Integration for systems engineering and
planning to ensure the integration of Space Force capabilities
across the national security space enterprise and user community.
Finally, the Committee is aware that the Department intends to
eventually transfer space elements of the Army, Navy, and defense
agencies into the Space Force. The Committee is concerned about
potential disruption and unintended consequences of such trans-
fers, and cautions that it will not be supportive of such transfers
without convincing justifications that they will not adversely im-
pact the Army, Navy, and affected defense agencies, and that the
transfers are necessary to improve national security. The Com-
mittee recommendation includes a general provision directing the
Secretary of Defense to provide a certification to the House and
Senate Appropriations Committees not less than 60 days before
making such transfers.
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NEXT GENERATION OVERHEAD PERSISTENT INFRARED
The Committee recommendation fully funds the budget request
of $2,318,864,000 for the Next-Generation Overhead Persistent In-
frared (OPIR) program. The Committee appreciates that the fiscal
year 2021 request provides sufficient funding to continue the
planned program without relying on reprogramming requests as
has been the case in recent years. However, the Committee con-
tinues to be concerned that the Space Force is not adequately plan-
ning and budgeting for the program over the next five years. The
fiscal year 2021 budget request relies on significant realignments
of funds to fix near-term budget shortfalls at the expense of in-
creasing technical, schedule, and budget risk over the next five
years, especially for the polar satellite and ground segments of the
program. Further, the Committee is concerned that the decision to
fund the ground segment to a level that will only deliver the min-
imum viable capability, with performance comparable to the legacy
systems, raises questions about the return on the investments
made in the Next-Generation OPIR Block 0 system and the sound-
ness of the program plan. Therefore, the Committee directs the Di-
rector of Cost Assessment and Program Evaluation to provide the
congressional defense committees, not later than 60 days after the
enactment of this Act, with its most recent analyses and cost esti-
mates for the program.
OVERHEAD PERSISTENT INFRARED ENTERPRISE ARCHITECTURE
The Department of Defense Appropriations Act, 2020 directed
the Secretary of Defense to develop an integrated enterprise archi-
tecture to clearly articulate a realistic and affordable plan to meet
the requirements for strategic and tactical missile warning, missile
defense, battlespace awareness, and technical intelligence mission
areas. The Committee reiterates its expectation that this plan will
be delivered to the congressional defense committees by the Sep-
tember 2020 deadline.
NATIONAL SECURITY SPACE LAUNCH PROGRAM
The Committee supports the Space Force’s National Security
Space Launch (NSSL) program acquisition strategy and plan to
award launch service procurement contracts to no more than two
launch providers. This meets the statutory guidance for two launch
providers for assured access to space, enables continued competi-
tion, and maximizes efficiency through economies of scale. The
Committee is aware that transitioning from the legacy launch vehi-
cles to new systems entails potential risks. Therefore, the Com-
mittee directs the Secretary of the Air Force to provide the congres-
sional defense committees, not later than 60 days after the enact-
ment of this Act, with a detailed transition plan on how the Space
Force intends to manage program and mission risks over this tran-
sition period.
The Committee recommendation fully funds the budget request
of $560,978,000 for research, development, test, and evaluation, but
notes that this assumes the maximum amount needed to continue
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funding the current launch service agreements and is subject to re-
vision once the source selection is made.
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The Committee recommendation provides $933,271,000 for NSSL
procurement, a reduction of $109,900,000. The Committee is con-
cerned with the cost of the NSSL procurements, which account for
more than 40 percent of the Space Force procurement budget. The
Committee is aware that the cost of launch services has dropped
significantly in recent years as a result of increased competition
from new entrants, yet the requested budget does not follow this
downward trend, and remains stubbornly high, raising questions
about the government’s cost to manage and oversee the program.
The Committee believes commercial practices must remain the cor-
nerstone of the launch program and should only incorporate mis-
sion assurance practices that improve it.
Furthermore, the Committee believes the level of detail provided
in the budget justification materials for the NSSL program is lack-
ing and needs an overhaul to provide greater consistency, clarity,
and finer granularity to justify the costs of the program. Therefore,
the Committee directs the Secretary of the Air Force to provide the
congressional defense committees, not later than 90 days after the
enactment of this Act, a plan to revamp the budget structure and
improve the quality of justification materials in future budget sub-
missions.
DIRECTED ENERGY RESEARCH COLLABORATION
The Committee supports the Department’s increased focus on the
threats and challenges posed by directed energy systems, including
directed energy microwaves and lasers. Given the large, skilled
workforce needed in this critical area in the future, the Committee
encourages the Secretary of Defense to increase collaboration with
universities and defense laboratories focused on directed energy re-
search, education, testing, and technology transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
Fiscal year 2020 appropriation .......................................................... $25,938,027,000
Fiscal year 2021 budget request ....................................................... 24,280,891,000
Committee recommendation .............................................................. 24,617,177,000
Change from budget request ............................................................. +336,286,000
The Committee recommends an appropriation of $24,617,177,000
for Research, Development, Test and Evaluation, Defense-Wide
which will provide the following program in fiscal year 2021:
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HYPERSONIC AND BALLISTIC TRACKING SPACE SENSOR
Hypersonic weapons pose a serious threat to national security,
which makes detecting and tracking them a top priority of the De-
partment of Defense. The Department of Defense Appropriations
Act, 2020 included $108,000,000 for the Missile Defense Agency
(MDA) to begin development of the Hypersonic and Ballistic Mis-
sile Tracking Space Sensor (HBTSS) to meet the Department’s re-
quirements. However, the Committee does not support the funding
and management approach proposed in the fiscal year 2021 budget
request. The request does not include any funding for MDA to con-
tinue the development of the HBTSS sensor and proposes a token
amount of funding for a HBTSS-derived sensor as a secondary pri-
ority in the Space Development Agency’s (SDA) planned space
tracking layer. While the Committee supports cooperation between
MDA and SDA, the Committee disagrees with this proposed plan
which prioritizes funding for SDA’s other programs over HBTSS.
Therefore, the Committee recommends a transfer of $120,000,000
from SDA to MDA to develop and demonstrate on-orbit the HBTSS
by the end of fiscal year 2022.
The Committee recognizes this funding transfer will have a sig-
nificant impact on SDA’s plans for its multi-layer constellation. The
Committee supports SDA’s aggressive approach to rapidly develop
and demonstrate space capabilities and encourages SDA to focus
the $168,416,000 recommended in the bill to developing and dem-
onstrating its proposed transport layer.
DISTRIBUTED LEDGER TECHNOLOGY RESEARCH AND DEVELOPMENT
The Committee is aware that distributed ledger technologies,
such as blockchain, may have potentially useful applications for the
Department of Defense, which include but are not limited to dis-
tributed computing, cybersecurity, logistics, and auditing. There-
fore, the Committee encourages the Under Secretary of Defense
(Research and Engineering) to consider research and development
to explore the use of distributed ledger technologies for defense ap-
plications.
ARTIFICIAL INTELLIGENCE PARTNERSHIPS
The Committee is aware of the United States-Singapore partner-
ship focusing on applying artificial intelligence in support of hu-
manitarian assistance and disaster relief operations, which will
help first responders better serve those in disaster zones. The Com-
mittee encourages the Secretary of Defense to pursue similar part-
nerships with additional partners in different regions, including the
Middle East.
PFOS/PFOA REMEDIATION TECHNOLOGIES
The Committee remains concerned about the prevalence of
PFOS/PFOA contamination on current and former domestic mili-
tary installations and continues to support groundwater remedi-
ation activities undertaken by the Department. However, the Com-
mittee notes that current methods of PFOS/PFOA remediation are
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both costly and time consuming. As the Department continues
PFOS/PFOA remediation activities, the Committee encourages the
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319
Assistant Secretary of Defense (Energy, Installations, and Environ-
ment) to continue to explore innovative technological solutions for
treating PFOS/PFOA contamination and to develop a competitive
process for industry and academia to develop and utilize promising
PFOS/PFOA remediation technologies to treat contaminated
groundwater.
5G TELECOMMUNICATIONS TECHNOLOGY
The Committee is concerned about reports that foreign manufac-
turers are significantly ahead of United States companies in the
development and deployment of 5G telecommunications tech-
nologies, which poses a national security risk to the United States
and its allies. Without a robust domestic 5G supply chain, the
United States will be vulnerable to 5G systems that facilitate cyber
intrusion from hostile actors. In order to secure a reliable 5G sys-
tem and a domestic supply chain that meets the national security
needs of the United States and its allies, the Committee encour-
ages the Secretary of Defense to accelerate engagement with do-
mestic industry partners that are developing 5G systems.
Additionally, the Committee is aware of the significant invest-
ments being made in 5G efforts but is concerned with the level of
detail provided for congressional oversight. The Committee directs
the Under Secretary of Defense (Research and Engineering) to con-
duct quarterly execution briefings with the House and Senate Ap-
propriations Committees beginning not later than 90 days after the
enactment of this Act.
FULL-SCALE SPACE TEST FACILITIES
The Committee is aware that space systems provide critical capa-
bilities essential to national security and that these systems face
increasing threats from potential adversaries. The Committee un-
derstands that aggressive ground testing of space systems is crucial
to gain confidence that new technologies will perform as expected
before they are launched in space. However, the Committee is con-
cerned that the nation lacks adequate space test infrastructure to
meet its needs, especially facilities capable of performing full-scale
system level tests.
The Committee directs the Under Secretary of Defense (Research
and Engineering) to submit a report to the House and Senate Ap-
propriations Committees not later than 120 days after the enact-
ment of this Act that assesses the current state of existing federal,
full-scale testing facilities, including those with electromagnetic in-
terference test capability, and to provide options for investments to
enhance capabilities and infrastructure necessary to meet projected
needs.
CERAMIC-MATRIX COMPOSITES FOR HYPERSONICS
The Committee is encouraged by the potential of high and ultra-
high temperature ceramic-matrix composites in extreme environ-
ments experienced during hypersonic flight. The Committee en-
courages the Under Secretary of Defense (Research and Engineer-
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ing) to explore the value of these materials for Department of De-
fense hypersonic efforts.
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GLOBAL FOOD SECURITY
The Committee encourages the Secretary of Defense, in coopera-
tion with the Secretary of State and the Secretary of Agriculture,
to conduct research to evaluate the risks and national security im-
plications of foreign reliance and control of the United States and
global food supply. The research should examine likely offensive
threats and postures resulting in potential food supply disruptions,
particularly in the context of great power competition, climate
change, and pandemics. The research should establish methodolo-
gies and metrics to assess indications and warnings of food supply
threats and recommend protocols to mitigate these threats.
CYBER EDUCATION COLLABORATIVES
The Committee remains concerned by widespread shortages in
cybersecurity talent across both the public and private sector. In
accordance with the recommendations of the Cyberspace Solarium
Commission, the Committee encourages the Under Secretary of De-
fense (Research and Engineering) to direct cyber-oriented units to
collaborate with local colleges and universities on research, fellow-
ships, internships, and cooperative work experiences to expand
cyber-oriented education opportunities and grow the cybersecurity
workforce. The Committee also appreciates that veterans and
transitioning servicemembers could serve as a valuable recruiting
pool to fill gaps in the cybersecurity workforce. Accordingly, the
Committee encourages the Under Secretary to prioritize collabora-
tion with colleges and universities near military installations as
well as the veteran population and state cyber ranges in executing
these workforce training programs. The partnership of the Air
Force Research Laboratory with the Center for Hardware and Em-
bedded Systems Security and Trust is an example of such a col-
laboration and the Committee encourages the Under Secretary to
continue to support such efforts.
JOINT HYPERSONICS TRANSITION OFFICE
The Committee recommendation includes $90,000,000 for the
Joint Hypersonics Transition Office (JHTO) to fund applied and
interdisciplinary research and workforce development to advance
United States hypersonics capabilities. In fiscal year 2020, the
Committee noted its concerns that the Department’s expanding
hypersonic research portfolio had the potential to develop propri-
etary systems that duplicate capabilities and increase costs. While
the Committee is aware of efforts underway in the Department to
develop the required integrated hypersonics science and technology
roadmap and to establish a university consortium for hypersonics
research and workforce development, the concerns with inefficient
overlapping efforts expressed in the prior fiscal year remain. There-
fore, the Committee strongly encourages the Under Secretary of
Defense (Research and Engineering) to expeditiously implement
the JHTO, and to seek involvement from all Department agencies
and military Services with activities in hypersonics, consistent with
the Inter-Service Memorandum of Agreement for Hypersonic Boost
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Glide Technology Development dated August 2019. The Committee
believes this agreement represents the most mature approach for
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321
a common hypersonic glide body system. Additionally, the Com-
mittee has been disappointed in the timeliness and depth of the
quarterly updates provided to the Committee, and expects that the
Under Secretary of Defense (Research and Engineering) will ensure
that future reports are timely and complete.
MOBILE MICROREACTOR STRATEGY
The Committee supports efforts by the Department of Defense to
explore new methods of power production for use in operational
needs, future weapon systems, force protection, asset protection,
and humanitarian and disaster response. The Committee rec-
ommendation provides $40,000,000 to support the development of
a prototype mobile microreactor and $10,000,000 to support the
production of fuel for the prototype.
The Committee is concerned, however, that the Department has
not established an executive agent to direct the microreactor pro-
gram and has not secured fuel stocks. The Committee directs the
Under Secretary of Defense (Research and Engineering) to submit
a report to the congressional defense committees not later than
thirty days after the enactment of this Act, on the Department’s
plans for the mobile microreactor program. The report shall ad-
dress whether the Department has identified an executive agent for
mobile energy; plans to include mobile energy solutions, such as
microreactors, in force modernization initiatives; the strategy for
deploying microreactors, including site identification processes,
fielding, personnel training, and deployment timelines; the procure-
ment strategy to acquire feed material for microreactors; the plan
to identify and use existing authorities to provide appropriate in-
demnities; and the status of pilot programs for microreactors, in-
cluding suitable locations for pilot activities.
HIGH ENERGY LASER ENDLESS MAGAZINES
The Committee notes the investments by the Department of De-
fense in directed energy systems capable of countering incoming
threats, including the development of systems with endless or near
endless magazines to ensure capability to counter salvos or swarms
of any size.
However, the Committee is concerned that while the Department
of Defense has included reference to near endless magazines in its
budget justification for high energy laser systems, it has not ade-
quately defined the term in order to facilitate predictable require-
ments development or guide internal investment. Therefore, the
Committee directs the Secretary of the Defense to submit a report
to the congressional defense committees not later than 180 days
after the enactment of this Act, which details capabilities, cost, and
logistical implications of endless or near endless magazines.
RAPID, ACCURATE, AND AFFORDABLE BIODETECTION SYSTEM
The Committee is encouraged by the progress of the Defense
Threat Reduction Agency in developing a prototype sensor that en-
ables real-time detection of aerosolized biological threat agents.
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The Committee encourages the Secretary of Defense to field these
critical capabilities to Department of Defense facilities and oper-
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ational commands. The Committee directs the Director of the Joint
Program Executive Office for Chemical, Biological, Radiological and
Nuclear Defense to provide a report to the congressional defense
committees not later than 90 days after the enactment of this Act,
which details efforts to fund, test, and field a reliable, cost-effec-
tive, near real-time detection/identification capability for aero-
solized biological threats.
ACADEMIC HYPERSONIC RESEARCH, TEST AND EVALUATION FACILITIES
The Committee recognizes the importance of higher-education in-
stitutions in establishing high-quality test facilities and training
the future workforce for the development and evaluation of
hypersonic weapon platforms. The Committee encourages the
Under Secretary of Defense (Research and Engineering) to partner
with academia as key contributors in the research, testing and
evaluation of hypersonic vehicle platforms.
ARTIFICIAL INTELLIGENCE COORDINATION
The Committee notes the widespread interest and large number
of artificial intelligence projects and programs across all facets of
the operations and activities of the Department of Defense. While
the Committee understands that the Department believes artificial
intelligence shows great promise to revolutionize and improves its
operations, the Committee is concerned that there is a lack of co-
ordination of the myriad ongoing artificial intelligence activities.
Therefore, the Committee directs the Director of the Joint Artificial
Intelligence Center to provide the congressional defense commit-
tees, not later than 60 days after the enactment of this Act, an in-
ventory of all significant artificial intelligence activities in the De-
partment, including, but not limited to, for each activity: the an-
nual funding requested for the next five years; the source of funds
identifying appropriation account, program, project, and line num-
ber; an identification of mission partners, including academia and
industry; and the planned partner to whom the capability will be
transitioned.
WOMEN AND MINORITIES IN STEM PIPELINE
The Committee believes the Department of Defense faces chal-
lenges recruiting and retaining a workforce skilled in science, tech-
nology, engineering, and mathematics (STEM). While this is a na-
tionwide concern, the Committee supports Department of Defense
efforts to grow the STEM workforce pipeline, particularly for
women and minorities. The Committee encourages the Under Sec-
retary of Defense (Research and Engineering) to continue these ef-
forts by partnering with Hispanic Serving Institutions, Historically
Black Colleges and Universities, and other Minority Serving Insti-
tutions on research, fellowships, internships, and cooperative work
experiences at defense laboratories. Additionally, the Committee
encourages the Under Secretary of Defense (Research and Engi-
neering) to collaborate with Hispanic Serving Institutions, Histori-
cally Black Colleges and Universities, and other Minority Serving
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Institutions to build a pipeline for scientists and engineers to enter
the cyber workforce upon graduation.
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OPERATIONAL TEST AND EVALUATION, DEFENSE
Fiscal year 2020 appropriation .......................................................... $227,700,000
Fiscal year 2021 budget request ....................................................... 210,090,000
Committee recommendation .............................................................. 210,090,000
Change from budget request ............................................................. –––
The Committee recommends an appropriation of $210,090,000 for
Operational Test and Evaluation, Defense which will provide the
following program in fiscal year 2021:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
Budget Committee Change from
Request Recommended Request
OPERATIONAL TEST AND EVALUATION ..................................................................... 100,021 100,021 0
LIVE FIRE TESTING .................................................................................................. 70,933 70,933 0
OPERATIONAL TEST ACTIVITIES AND ANALYSIS ....................................................... 39,136 39,136 0
TOTAL, OPERATIONAL TEST & EVALUATION, DEFENSE ................................... 210,090 210,090 0
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TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
Fiscal year 2020 appropriation .......................................................... $1,564,211,000
Fiscal year 2021 budget request ....................................................... 1,348,910,000
Committee recommendation .............................................................. 1,348,910,000
Change from budget request ............................................................. –––
The Committee recommends an appropriation of $1,348,910,000
for the Defense Working Capital Funds accounts which will provide
the following program in fiscal year 2021:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
Budget Committee Change from
Request Recommended Request
WORKING CAPITAL FUND, ARMY ............................................................................. 56,717 56,717 0
Industrial Operations ..................................................................................... 32,551 32,551
Arsenal Supply Chain Security Pilot Program ...................................... [3,500]
Supply Management ...................................................................................... 24,166 24,166
WORKING CAPITAL FUND, AIR FORCE ..................................................................... 95,712 95,712 0
WORKING CAPITAL FUND, DEFENSE-WIDE ............................................................... 49,821 49,821 0
DEFENSE WORKING CAPITAL FUND, DECA .............................................................. 1,146,660 1,146,660 0
TOTAL, DEFENSE WORKING CAPITAL FUNDS .................................................. 1,348,910 1,348,910 0
ARSENAL SECURITY
The Committee believes that maintaining security, including
threats from cyber-attacks, data piracy, and other technological
risks, of Department of Defense arsenals is essential. The Com-
mittee directs that of the funds included under Industrial Oper-
ations, $3,500,000 is to implement efforts to combat these types of
threats.
DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY WORKING
CAPITAL FUND
The Committee recognizes the challenges facing the Defense
Counterintelligence and Security Agency (DCSA) as it combines
and assumes the roles and responsibilities of other Department of
Defense and Office of Personnel Management offices and missions.
While the creation of a dedicated DCSA Working Capital Fund
(WCF) provides ample and necessary flexibility aimed at achieving
efficiencies, the creation of such a function can also lead to mission
creep—where activities not directly related to those originally in-
tended for the WCF end up being funded with WCF receipts. The
Committee believes that steps should be taken to avoid this unin-
tended consequence and expects that obligations from the DCSA
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WCF will only reimburse costs specifically associated with con-
ducting background investigations.
The Committee directs the Under Secretary of Defense (Comp-
troller), in consultation with the Under Secretary of Defense (Intel-
ligence and Security), to provide quarterly updates to the House
and Senate Appropriations Committees, beginning not later than
30 days after the enactment of this Act, on the status of the DCSA
WCF. These updates shall include appropriations (direct and reim-
bursable), obligations, and expenses by WCF line of business to and
from the Fund. The first update shall also include the prior six
months’ historical monthly cash flow analysis by line item receipt
and expense, and the first and subsequent updates shall include a
prospective monthly cash flow analysis by line item receipt and ex-
pense updated on a quarterly basis.
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TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
Fiscal year 2020 appropriation .......................................................... $34,074,119,000
Fiscal year 2021 budget request ....................................................... 32,690,372,000
Committee recommendation .............................................................. 33,297,902,000
Change from budget request ............................................................. +607,530,000
The Committee recommends an appropriation of $33,297,902,000
for the Defense Health Program which will provide the following
program in fiscal year 2021:
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REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS
FUNDING)
The Committee includes a provision which caps the funds avail-
able for Private Sector Care under the TRICARE program subject
to prior approval reprogramming procedures. The provision and ac-
companying report language should not be interpreted as limiting
the amount of funds that may be transferred to the In-House Care
budget sub-activity from other budget sub-activities within the De-
fense Health Program. In addition, funding for the In-House Care
budget sub-activity continues to be designated as a congressional
special interest item. Any transfer of funds from the In-House Care
budget sub-activity into the Private Sector Care budget sub-activity
or any other budget sub-activity requires the Secretary of Defense
to follow prior approval reprogramming procedures for operation
and maintenance funds.
The Committee directs the Secretary of Defense to provide writ-
ten notification to the congressional defense committees of cumu-
lative transfers in excess of $10,000,000 out of the Private Sector
Care budget sub-activity not later than fifteen days after such a
transfer. Furthermore, the Committee directs the Secretary of De-
fense to provide a report to the congressional defense committees
not later than 30 days after the enactment of this Act that delin-
eates transfers of funds, and the dates any transfers occurred, from
the Private Sector Care budget sub-activity to any other budget
sub-activity.
The Committee further directs the Assistant Secretary of Defense
(Health Affairs) to provide quarterly reports to the congressional
defense committees on budget execution data for all Defense
Health Program budget activities and to adequately reflect changes
to the budget activities requested by the Services in future budget
submissions. These reports should also be provided to the Govern-
ment Accountability Office.
CARRYOVER
For fiscal year 2021, the Committee recommends one percent car-
ryover authority for the operation and maintenance account of the
Defense Health Program. The Committee directs the Assistant Sec-
retary of Defense (Health Affairs) to submit a detailed spending
plan for any fiscal year 2020 designated carryover funds to the con-
gressional defense committees not less than 30 days prior to exe-
cuting the carryover funds.
PEER-REVIEWED CANCER RESEARCH PROGRAMS
The Committee recommends $150,000,000 for the peer-reviewed
breast cancer research program, $110,000,000 for the peer-reviewed
prostate cancer research program, $35,000,000 for the peer-re-
viewed ovarian cancer research program, $50,000,000 for the peer-
reviewed kidney cancer research program, $20,000,000 for the peer-
reviewed lung cancer research program, $10,000,000 for the peer-
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reviewed pancreatic cancer research program, $7,500,000 for the
peer-reviewed rare cancer research program, and $110,000,000 for
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333
the peer-reviewed cancer research program that would research
cancers not addressed in the aforementioned programs currently
executed by the Department of Defense.
The funds provided in the peer-reviewed cancer research pro-
gram are directed to be used to conduct research in the following
areas: cancers associated with the use of beryllium, bladder cancer,
blood cancers, brain cancer, colorectal cancer, endometrial cancer,
esophageal cancer, germ cell cancers, head and neck cancer, liver
cancer, lymphoma, melanoma and other skin cancers, mesothe-
lioma, metastatic cancers, neuroblastoma, pediatric brain tumors,
sarcoma, stomach cancer, thyroid cancer, the link between
scleroderma and cancer, and cancer in children, adolescents, and
young adults. The inclusion of the individual rare cancer research
program shall not prohibit the peer-reviewed cancer research pro-
gram from funding the previously mentioned cancers or cancer
subtypes that may be rare by definition.
The funds provided under the peer-reviewed cancer research pro-
gram shall be used only for the purposes listed above. The Com-
mittee directs the Assistant Secretary of Defense (Health Affairs)
to provide a report not later than 180 days after the enactment of
this Act to the congressional defense committees on the status of
the peer-reviewed cancer research program. For each research
area, the report shall include the funding amount awarded, the
progress of the research, and the relevance of the research to
servicemembers and their families.
The Committee commends the Department of Defense for ensur-
ing that projects funded through the various peer-reviewed cancer
research programs maintain a focus on issues of significance to
military populations and the warfighter. This includes promoting
collaborative research proposals between Department of Defense
researchers and non-military research institutions. These collabora-
tions leverage the knowledge, infrastructure and access to clinical
populations that the partners bring to the research effort. Addition-
ally, promoting these collaborations provides a valuable recruit-
ment and retention incentive for military medical and research per-
sonnel. The Committee encourages the Commanding General,
United States Army Medical Research and Development Command,
to continue to emphasize the importance of these collaborations be-
tween military and non-military researchers throughout the peer-
review process.
JOINT WARFIGHTER MEDICAL RESEARCH PROGRAM
The Committee recommendation includes $40,000,000 for the
continuation of the joint warfighter medical research program. The
funding shall be used to augment and accelerate high priority De-
partment of Defense and Service medical requirements and to con-
tinue prior year initiatives that are close to achieving their objec-
tives and yielding a benefit to military medicine. The funding shall
not be used for new projects nor for basic research, and it shall be
awarded at the discretion of the Secretary of Defense following a
review of medical research and development gaps as well as
unfinanced medical requirements of the Services. Further, the
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Committee directs the Assistant Secretary of Defense (Health Af-
fairs) to submit a report not later than 180 days after the enact-
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334
ment of this Act to the congressional defense committees that lists
the projects that receive funding. The report should include the
funding amount awarded to each project, a thorough description of
each project’s research, and the benefit the research will provide to
the Department of Defense.
COMBAT READINESS MEDICAL RESEARCH PROGRAM
The Committee recommendation includes $10,000,000 for the
Combat Readiness Medical Research program. The program should
focus on medical needs of the warfighter on the battlefield. Re-
search should address the ‘‘golden hour’’ for servicemembers with
life threatening injuries, battlefield diagnostics, and medical
threats and treatments for warfighters deployed around the world.
The Committee expects the Assistant Secretary of Defense
(Health Affairs) to identify current gaps in medical planning and
resources, consider medical capabilities that may mitigate fatali-
ties, enhance battlefield diagnostics, and find solutions for life
threatening complications after battlefield injury.
The funding in the Combat Readiness Medical Research program
should be used for research and development of rapidly deployable,
all-in-one acute and chronic wound care therapy engineered to ad-
dress complex trauma and start tissue regeneration; repairing or
restoring damaged or missing genitourinary organs and tissue;
freeze dried plasma and platelets; portable neurological devices in
support of mild traumatic brain injury assessment; ruggedized oxy-
gen generation systems; medical simulation technology; sleep dis-
orders; Myalgic Encephalomyelitis/Chronic Fatigue Syndrome; pre-
venting and relieving service-related arthritis; telemedicine; and in-
fectious diseases.
Additionally, the Committee is concerned with the lack of stand-
ardization in the delivery of the Joint Trauma System Tactical
Combat Casualty Care (TCCC) curriculum. The Committee directs
the Director of the Defense Health Agency, in coordination with the
Service Surgeons General, not later than 120 days after the enact-
ment of this Act, to provide a briefing to the congressional defense
committees on the coordination between the Defense Health Agen-
cy and the Services to ensure the curriculum is taught by qualified
personnel; the plan to validate that TCCC training is standard
across the Services; the impact of expanding TCCC on the Services’
readiness training; and the funding requirements for the Services
to support the delivery of the TCCC curriculum.
ELECTRONIC HEALTH RECORDS
The Committee continues to support the efforts that the Depart-
ment of Defense and the Department of Veterans Affairs are un-
dertaking with regard to electronic health records and the health
record system. It is the Committee’s ongoing expectation that the
Departments’ electronic health record systems must be completely
and meaningfully interoperable with seamless compatibility.
The Committee acknowledges that the response to COVID–19
has superseded many planned efforts in the Military Health Sys-
tem, including the deployment of the Department of Defense’s elec-
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tronic health record system, MHS GENESIS. As sustainment con-
tinues at sites where MHS GENESIS is currently operating, delays
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335
in future deployments are expected. Though the Department of De-
fense had been making strides in its deployment, with the shift in
focus to COVID–19 response the Committee understands that there
will be several factors that will contribute to the system being suc-
cessfully implemented.
One factor is the need to improve informational technology and
related infrastructure prior to deployment of the electronic health
record system. The Committee directs the Secretary of Defense to
provide a report to the congressional defense committees not later
than 90 days after the enactment of this Act on the status of the
installation of all remaining information technology and related in-
frastructure required to complete the deployment of the electronic
health record system, including the timeline to complete installa-
tion, and costs associated if the Department accelerated the deploy-
ment timeline.
Another critical factor in the success of deployments will be the
quality of training for users of the system. The Committee directs
the Director, Operational Test and Evaluation to conduct an eval-
uation of change management strategies and training programs re-
lated to the deployment of MHS GENESIS and provide a briefing
to the House and Senate Appropriations Subcommittees not later
than 90 days after the enactment of this Act on related findings
and recommendations for improvement.
The Committee continues to direct the Comptroller General to
perform quarterly performance reviews of the Department of De-
fense electronic health record deployment so that the Committee
can further monitor implementation of the system and whether it
is meeting predicted costs.
Additionally, the Committee directs the Director of the Inter-
agency Program Office (IPO) to continue to provide quarterly re-
ports on the progress of interoperability between the two Depart-
ments to the House and Senate Defense Appropriations Sub-
committees and the House and Senate Military Construction, Vet-
erans Affairs, and Related Agencies Appropriations Subcommittees.
The Program Executive Office (PEO) for Defense Healthcare Man-
agement Systems (DHMS), in conjunction with the Director of the
IPO and the Director of the Defense Health Agency, is directed to
provide quarterly reports to the congressional defense committees
on the cost of the program, including indirect costs being funded
outside of the DHMS Modernization Electronic Health Record pro-
gram; and schedule of the program, to include milestones, knowl-
edge points, and acquisition timelines, as well as quarterly obliga-
tion reports. The Committee directs the PEO DHMS to continue
briefing the House and Senate Defense Appropriations Subcommit-
tees on a quarterly basis, coinciding with the report submission.
MILITARY HEALTH SYSTEM TRANSFORMATION
The Committee remains concerned with the implementation of
medical restructuring mandated by the National Defense Author-
ization Act for Fiscal Year 2017. The restructuring represents the
most significant changes to the military health system in decades,
and the Committee believes it is critical to implement the restruc-
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turing in such a way that minimizes risk for servicemembers and
beneficiaries.
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Prior to implementation, both medical readiness and healthcare
benefits were intertwined, managed by the Service Surgeons Gen-
eral. Under that model, there was no separation between benefits
and readiness, and the Services had a holistic picture in treating
servicemembers and their families. The Committee has followed
implementation efforts of the restructuring closely, to include man-
agement of the military treatment facilities transitioning from the
Services to the Defense Health Agency; descoping military treat-
ment facilities; and the Department’s evaluation that fewer mili-
tary medical providers in non-combat critical specialties may be re-
quired.
The impact of these changes on servicemembers and eligible
beneficiaries is important. It is unclear whether readiness levels or
healthcare benefits will be negatively affected. The future is uncer-
tain due to COVID–19 and the Committee acknowledges the dif-
ficulty in predicting how beneficiaries’ behaviors may change in the
near or long term and also understands the challenges in assessing
the impact on mental health and medical care professions in both
the direct care and private sector care settings, as a result of the
virus. Important questions remain about each aspect of the imple-
mentation, and the Committee is unsatisfied with the Depart-
ment’s inadequate responses to Committee inquiries.
Additionally, in order to start accounting for the funding and de-
tails related to medical readiness and healthcare benefits, Congress
directed the Secretary of Defense, in coordination with the Service
Secretaries and the Assistant Secretary of Defense (Health Affairs),
to submit separate annual budget justification materials for readi-
ness related care and healthcare benefits beginning with the fiscal
year 2021 budget submission. In the fiscal year 2021 budget re-
quest, medical readiness was budgeted for in the Services’ oper-
ation and maintenance accounts, while the operating budgets of the
military treatment facilities and healthcare benefits were budgeted
for in the Defense Health Program account. Separating medical
readiness from the benefit was not seamless, and what was sub-
mitted was a Defense Health Program budget that transferred
$1,891,488,000 to Service medical readiness activities and the Serv-
ices’ operation and maintenance budgets that struggled to provide
the level of detail that the Committee requires to evaluate these ac-
tivities. Therefore, the Committee expects the fiscal year 2022
budget request submission to provide greater detail for medical
readiness efforts, as detailed under the ‘‘Reporting on Medical
Readiness’’ heading in this title of the report.
DESCOPING MILITARY TREATMENT FACILITIES
The Committee notes that the report required by section 703 of
the National Defense Authorization Act for Fiscal Year 2017 was
submitted to Congress on February 19, 2020. After a review of the
military treatment facilities that met screening and evaluation cri-
teria, 50 were identified for a change of scope, while an additional
six await a final decision. In the majority of the 50 military treat-
ment facilities, healthcare services would be reduced or eliminated,
and, in many cases, non-servicemember beneficiaries would have to
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find new providers in the TRICARE network. The Committee ques-
tions several of the assumptions made about the quality and acces-
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337
sibility of private sector care, the cost of changing the venue of
care, and the relationship to other restructuring efforts, such as re-
ducing the number of military medical billets. The Committee is
also concerned with the Department’s approach in responding to
this provision, which was not a de-facto medical base realignment
and closure process. Congress must be a partner in these decisions
going forward.
The Committee directs the Assistant Secretary of Defense
(Health Affairs), in coordination with the Director of the Defense
Health Agency and the Service Surgeons General, to brief the con-
gressional defense committees on the implementation plan prior to
the obligation of funds in fiscal year 2021 to close or descope any
military treatment facilities, including an update to the market
analysis conducted, cost implications, timeline, impact on pro-
viders, and benefits or risks to the served population.
REDUCTION OF MILITARY BILLETS
The fiscal year 2020 budget request included a proposal to de-
crease medical billets for the Services to increase the number of
operational billets needed for lethality. Reductions would have
major ramifications throughout the military health system, yet
leaders across the Department of Defense have been ill-prepared to
articulate the consequences of these reductions.
In order to mitigate potential access to care issues caused by the
reduction of military providers, the Department requested
$250,000,000 in the fiscal year 2020 budget that was not ade-
quately justified, and therefore Congress did not appropriate the
requested funds. Despite requests for additional information, the
Committee still has not been provided with a detailed mitigation
plan for beneficiary care or medical readiness. Serious questions re-
main about the quality and availability of care for beneficiaries, as
well as the negative impact on readiness that may be caused by an
unnecessary reduction of military medical providers. As a result,
the Committee is disappointed that the fiscal year 2021 budget re-
quest includes an increase of $334,613,000 with wholly insufficient
detail to evaluate the request, and therefore denies the request.
Additionally, with lessons learned about the capacity and capa-
bility of both military and civilian medical care in the shadow of
the novel coronavirus pandemic, the Committee expects the Sec-
retary of Defense, the Service Secretaries, and the Service Sur-
geons General will reevaluate the military medical personnel re-
quired to respond to all operational requirements, including in sup-
port of the homeland defense mission. The Committee directs the
Assistant Secretary of Defense (Health Affairs), in coordination
with the Service Secretaries, the Chairman of the Joint Chiefs of
Staff, and the Director of Cost Assessment and Program Evaluation
to brief the congressional defense committees on the Department’s
reevaluation plan not later than 120 days after the enactment of
this Act.
REPORTING ON MEDICAL READINESS
In the fiscal year 2021 budget request, military medical readi-
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ness funding and activities transferred from the Defense Health
Program budget into the Services’ operation and maintenance and
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338
research, development, test and evaluation accounts. In the De-
partment of Defense Appropriations Act, 2020, the Department was
directed to provide separate budget justification for medical readi-
ness and the healthcare benefit; it was not the intent of the Com-
mittee to lose the ability to locate and evaluate medical funding
across the Department in a meaningful or detailed way.
The Committee notes its concern with the level of justification
provided for the $1,891,488,000 that transferred from the Defense
Health Program to the Services’ operation and maintenance ac-
counts for medical readiness, and while the Committee is sup-
portive of the military departments’ ability to better manage and
plan for readiness requirements holistically, the Services must pro-
vide adequate details for congressional oversight. Therefore, the
Committee directs the Service Secretaries to account for medical
readiness activities in financial management systems and to sub-
mit a quarterly report on the execution of medical readiness activi-
ties. The reports shall be consolidated and submitted with the De-
fense Health Program quarterly reports. Additionally, the Com-
mittee directs the Under Secretary of Defense (Comptroller), in co-
ordination with the Service Secretaries, Assistant Secretary of De-
fense (Health Affairs), and the Director of the Defense Health
Agency, to submit a comprehensive, consolidated, and detailed Uni-
fied Medical Budget exhibit with the Defense Health Program
budget justification material for fiscal year 2022, and to provide a
proposal for the exhibit to the House and Senate Appropriations
Committees, not later than 90 days after the enactment of this Act.
METASTATIC CANCER RESEARCH
While recent research has revealed that there is a genetic basis
for susceptibility to metastatic cancer or resistance to metastasis,
more research is required to develop a comprehensive under-
standing of this complex process. Clinical trials are an important
aspect of that progress, and diverse representation of patients in
clinical trials is integral to the development of medications and
therapies that effectively treat disease. Ethnicity, gender, age and
genetics all play a role in the safety and efficacy of a treatment for
an individual. Therefore, as recommended in April 2018 by the
Task Force Report to Congress on Metastatic Cancer, the Com-
mittee encourages the Director, Congressionally Directed Medical
Research Program to partner with outside experts and other fed-
eral agencies, as appropriate, to achieve representation of the de-
mographics of the United States population in these trials.
PANCREATIC CANCER EARLY DETECTION
The Committee recommendation includes $10,000,000 for pan-
creatic cancer research. Despite being the third leading cause of
cancer-related death in the United States, early detection of pan-
creatic cancer requires additional research. The Committee encour-
ages the Director, Congressionally Directed Medical Research Pro-
gram, to expand early detection research for pancreatic cancer, to
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include the prevalence in pre-diabetic and diabetic individuals, as
well as those in underserved ethnic and minority communities.
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ALCOHOL AND SUBSTANCE USE DISORDERS
The Committee recognizes the ongoing threat posed to
warfighters and the general public by the opioid epidemic. Those
who may develop an opioid dependency following an injury gen-
erally struggle with addiction, or those servicemembers who have
family members that struggle with addiction are often not posi-
tioned to dedicate themselves entirely to the required military mis-
sion. The Committee encourages the Assistant Secretary of Defense
(Health Affairs) to prioritize congressionally directed medical re-
search on substance use disorders aimed at reducing the overall
number of opioid-related overdose deaths.
MAINTAINING A HIGHLY-SKILLED WORKFORCE IN MEDICAL RESEARCH
As the Administration implements a government-wide response
to COVID–19, the disease caused by the novel coronavirus, the
Committee encourages the Assistant Secretary of Defense (Health
Affairs), the Director of the Defense Health Agency, and the Com-
mander of Army Futures Command to prioritize maintaining a
strong workforce of highly-skilled scientists and researchers vital to
conducting the medical research necessary to protect warfighters
and contribute to the nation-wide response to this and future
pandemics.
SEXUAL ASSAULT AND POST-TRAUMATIC STRESS DISORDER
The Committee believes that providing servicemembers access to
outpatient programs designed to treat individuals suffering from
post-traumatic stress disorder (PTSD) resulting from sexual assault
trauma could improve outcomes received for military sexual assault
survivors experiencing PTSD. The Committee encourages the As-
sistant Secretary of Defense (Health Affairs) to collaborate with re-
search institutions currently investigating treatment strategies for
PTSD resulting from sexual trauma.
TRAUMATIC BRAIN INJURY
The Committee recognizes that traumatic brain injury (TBI), in-
cluding mild-TBI and concussion, continues to be a significant
health issue affecting servicemembers both in training and during
combat operations. More than 402,000 brain injuries have occurred
since the beginning of operations in Afghanistan and Iraq. Most re-
cently, the attack at Ayn al Asad Air Base in Iraq impacted more
than 109 servicemembers. While the Committee recommendation
includes $175,000,000 to continue research on traumatic brain in-
jury and psychological health, the Committee believes additional ef-
forts would help advance the understanding of TBI injuries sus-
tained by servicemembers.
The Committee believes the Department should have better
metrics and data on military personnel prior to the possibility of
injury in training or combat. Therefore, the Committee directs the
Assistant Secretary of Defense (Health Affairs), in coordination
with the Director of the Defense Health Agency, and the Service
Surgeons General, to develop a cost analysis plan for conducting
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uniform traumatic brain injury baseline testing for all new recruits
across each military Service. The plan shall provide for a screening
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340
program for any already-existing traumatic brain injuries which
shall inform healthcare professionals should a servicemember be
subject to any circumstances in the future that might result in a
traumatic brain injury. The Committee directs the Assistant Sec-
retary of Defense (Health Affairs) to submit a report on its plan to
the congressional defense committees not later than 180 days after
the enactment of this Act.
For injuries experienced during training or operations, the Com-
mittee is encouraged by research and development initiatives to ad-
vance expeditionary, non-invasive medical devices for analyzing the
full spectrum of traumatic brain injuries that have received clear-
ance by the Food and Drug Administration. Portable devices capa-
ble of rapidly providing a comprehensive and objective clinical pic-
ture should be fully utilized to effectively enable clinicians to iden-
tify the full spectrum of brain injuries immediately after injury.
The Committee encourages the Assistant Secretary of Defense
(Health Affairs) and the Service Surgeons General to deploy mild-
TBI/concussion multi-modal diagnostic devices in support of both
readiness and beneficiary care.
Additionally, the Committee recognizes efforts by the Depart-
ment of Defense to leverage partnerships with academia and the
private sector to understand and improve prevention and treatment
of traumatic brain injuries for servicemembers and cadets at the
United States military academies. The Committee encourages the
Assistant Secretary of Defense (Health Affairs) to continue to lever-
age partnerships with academia and the private sector to support
long-term studies of traumatic brain injuries to gain a deeper un-
derstanding, including at the cellular level through efforts such as
the PANTHER program, of concussive injuries, including how they
impact the brain, how and to what extent the brain recovers, and
how prevention and treatment methods may be improved.
Lastly, the Committee is supportive of ongoing research exam-
ining the increased risk of certain conditions after an individual ex-
periences TBI. The Committee is aware of research into the rela-
tionship between traumatic brain injury and neurodegenerative
diseases, such as chronic traumatic encephalopathy and Parkin-
son’s disease, and encourages the Assistant Secretary of Defense
(Health Affairs) to continue to invest in research and development
efforts aimed at halting the neurodegenerative processes that fol-
low traumatic brain injury.
NATIONWIDE CANCER RESEARCH AT THE CANCER CENTER AT WALTER
REED NATIONAL MILITARY MEDICAL CENTER
The Committee commends the Assistant Secretary of Defense
(Health Affairs) for continuing to support the John P. Murtha Can-
cer Center Research Program of the Uniformed Services University
of the Health Sciences and at the Walter Reed National Military
Medical Center in its partnership with the Oncology Research In-
formation Exchange Network (ORIEN). This partnership enables
the Murtha Cancer Center Research Program to collaborate with
eighteen major academic cancer centers to improve outcomes for
servicemembers with cancer. The ORIEN protocol is now being im-
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plemented at Walter Reed, with the potential to expand to other
facilities in the military health system. The Committee encourages
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341
the Assistant Secretary of Defense (Health Affairs) to support this
program.
SLEEP DISORDERS
The Committee notes the leadership of the National Institute of
Neurological Disorders and Stroke (NINDS) in advancing research
into under-represented sleep disorders, such as narcolepsy and
restless leg syndrome. The Committee encourages the Director of
the Defense Health Agency to work with NINDS to bolster these
activities and advance initiatives that advance scientific under-
standing of sleep disorders impacting servicemembers.
TRICARE PRIME AVAILABILITY
The Committee directs the Assistant Secretary of Defense
(Health Affairs) to review the feasibility of TRICARE Prime being
made available to eligible Department of Defense beneficiaries
across all states and territories and to submit a report to the con-
gressional defense committees not later than 90 days after the en-
actment of this Act.
MENTAL HEALTH PROFESSIONALS
The Committee remains concerned about the shortage of current
and prospective mental health care professionals for
servicemembers and their families, including social workers, clin-
ical psychologists, and psychiatrists. The Committee directs the As-
sistant Secretary of Defense (Health Affairs), in coordination with
the Service Surgeons General, to brief the House and Senate Ap-
propriations Committees not later than 180 days after the enact-
ment of this Act on an assessment of eligible beneficiaries’ demand
for behavioral health services, including services provided through
telehealth, and funding required to adequately recruit and retain
behavioral health professionals required to meet such demand. The
assessment shall include a review of tools, such as pay grade in-
creases, use of special and incentive pays, and the pipeline develop-
ment of increasing the number of professionals in this field through
scholarships or programs through the Uniformed Services Univer-
sity.
ARMED FORCES RETIREMENT HOMES AND THE DEFENSE HEALTH
AGENCY
The Committee notes the important role that the military health
system plays for the care of the military retiree population, espe-
cially those living in the two Armed Forces Retirement Homes. As
the Defense Health Agency continues to make recommendations for
the rescoping of certain military treatment facilities, the Com-
mittee encourages the Director of the Defense Health Agency to
take necessary steps to ensure in-patient care is available at a mili-
tary treatment facility within 20 miles of each Armed Forces Re-
tirement Home.
OUTDOOR RECREATION FOR MILITARY FAMILIES
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The Committee honors the service and sacrifice of military
spouses and their children and recognizes the psychological and
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342
emotional stress placed on families of servicemembers. Research
shows children of military parents who have deployed are more
likely than civilian peers to have a behavioral health diagnosis. It
is a priority of the Committee to support the physical, emotional,
and psychological health of military families. The Committee also
recognizes the wellness and health benefits of organized outdoor
recreation and education activities for the children of military par-
ents.
PEER-REVIEWED TICKBORNE DISEASE RESEARCH
The Committee encourages the Director of the Congressionally
Directed Medical Research Program to prioritize research on Lyme
disease by including additional Lyme disease experts on its
tickborne disease programmatic panel. Doctors and researchers
with experience in chronic Lyme issues should be considered for in-
clusion on the panel and the scientific review panel to ensure the
burden of Lyme disease is appropriately addressed.
BIOREPOSITORIES
The Committee is encouraged by efforts within the medical re-
search community to better understand chronic diseases through
biorepositories which store and catalogue medical tissue for sci-
entific understanding. Collecting and cataloguing samples from a
diverse population allows the medical community to perform re-
search into health disparities in those populations. The Committee
encourages the Assistant Secretary of Defense (Health Affairs) to
adequately resource efforts to increase the number of samples col-
lected from a diverse population.
GLOBAL HEALTH SECURITY PREPAREDNESS
The Committee continues to support Department of Defense con-
tributions to biosecurity and the global health security agenda. The
Department possesses unique capabilities that contribute to inter-
agency efforts to prevent, detect, and respond to outbreaks of infec-
tious disease worldwide. Response to global public health threats
such as pandemic influenza, Ebola, and COVID–19 requires a ro-
bust national approach across all federal agencies and private part-
ners. The Committee directs the Secretary of Defense to brief the
House and Senate Appropriations Committees, not later than 120
days after the enactment of this Act, on the Department’s efforts
to collaborate with federal agencies and private partners to ensure
the United States is prepared to respond to the next infectious dis-
ease outbreak.
SERVICEMEMBERS AND VETERANS WITH AMYOTROPHIC LATERAL
SCLEROSIS
The Committee directs the Assistant Secretary of Defense
(Health Affairs), in coordination with the Secretary of the Depart-
ment of Veterans Affairs, to submit a report to the House and Sen-
ate Appropriations Committees not later than 90 days after the en-
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actment of this Act on the costs to each Department to treat
servicemembers and veterans with Amyotrophic Lateral Sclerosis.
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343
TRAUMATIC INJURY
The Committee understands the uniqueness of traumatic injuries
and neurological diseases sustained by servicemembers in combat.
Extramural research focused on accelerating functional recovery
and rehabilitation of sensorimotor function that is also personal-
ized to the needs of the patient would have value to injured
servicemembers and their caregivers. The Committee is aware of
the promising technology of wirelessly activated implantable bio-
medical technologies capable of focal stimulation inside nerves and
encourages the Assistant Secretary of Defense (Health Affairs) to
explore research into such technologies to offset the effects of limb
amputation, orthopedic injury and disease, and other
neurodegenerative diseases.
NATIONAL DISASTER MEDICAL SYSTEM PILOT
The Committee is concerned with the fracturing of the military
health system and its primary focus of readiness and survivability
of servicemembers in combat operations. While this fundamental
cornerstone of defense health is undisputed, the Committee is con-
cerned that not enough attention has been placed on medical capa-
bilities and capacity required for the homeland defense mission.
Section 740 of the National Defense Authorization Act for Fiscal
Year 2020 authorized a pilot program on civilian and military part-
nerships to enhance interoperability and medical surge capability
and capacity of the National Disaster Medical System (NDMS). The
Committee recommendation includes additional funds in fiscal year
2021 to accelerate this pilot program, and directs that the first lo-
cation selected for inclusion in the pilot program is underway not
later than 180 days after the enactment of this Act. The Committee
directs the Secretary of Defense to work collaboratively with mem-
bers of the NDMS and selected private partners to accelerate the
planning and execution of the pilot programs. Funds provided shall
support the work of the agencies in the NDMS and include an allo-
cation to private partners to assure they can move quickly to
achieve the determined goals of Section 740.
The Committee directs the Secretary of Defense to submit a re-
port to the congressional defense committees not later than 180
days after the enactment of this Act on a description of the pilot
program, including partnerships established and evaluation
metrics. The report shall also include a threat assessment of the
most likely homeland defense scenarios requiring medical surge ca-
pability and capacity; an evaluation of departmental resources that
are most likely to be required in response, and projected shortages
of equipment, supplies, or personnel; how the NDMS could be bet-
ter leveraged in future emergencies; current and projected medical
surge plans; and a detailed cost estimate for the Department to
plan, prepare for or respond to the most likely emergencies requir-
ing medical surge capability and capacity. The Committee further
expects the fiscal year 2022 budget submission to include sufficient
funding for the pilot program.
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COLLABORATION WITH MINORITY SERVING HEALTH INSTITUTIONS
The Committee encourages the Assistant Secretary of Defense
(Health Affairs) to work collaboratively in the health research field
with Hispanic Serving Institutions, Historically Black Colleges and
Universities, and other Minority Serving Institutions.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE
Fiscal year 2020 appropriation .......................................................... $985,499,000
Fiscal year 2021 budget request ....................................................... 889,500,000
Committee recommendation .............................................................. 889,500,000
Change from budget request ............................................................. –––
The Committee recommends an appropriation of $889,500,000 for
Chemical Agents and Munitions Destruction, Defense which will
provide the following program in fiscal year 2021:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
Budget Committee Change from
Request Recommended Request
OPERATION AND MAINTENANCE ...................................................................... 106,691 106,691 0
PROCUREMENT ................................................................................................ 616 616 0
RESEARCH, DEVELOPMENT, TEST AND EVALUATION ....................................... 782,193 782,193 0
TOTAL, CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE .. 889,500 889,500 0
DRUG-INTERDICTION AND COUNTER DRUG ACTIVITIES,
DEFENSE
Fiscal year 2020 appropriation .......................................................... $893,059,000
Fiscal year 2021 budget request ....................................................... 769,629,000
Committee recommendation .............................................................. 746,223,000
Change from budget request ............................................................. ¥23,406,000
The Committee recommends an appropriation of $746,223,000 for
Drug Interdiction and Counter-Drug Activities, Defense which will
provide the following program in fiscal year 2021:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
Budget Committee Change from
Request Recommended Request
COUNTER-NARCOTICS SUPPORT ..................................................................... 546,203 421,029 ¥125,174
Transfer to National Guard Counter-Drug Program .............................. ¥31,768
Transfer to International Security Cooperation Programs ..................... ¥26,006
Program decrease—no continuation of projects reduced in fiscal
year 2020 for southwest border barrier construction ....................... ¥47,400
Program decrease—southwest border barrier construction ................. ¥20,000
DRUG DEMAND REDUCTION PROGRAM ........................................................... 123,704 123,704 0
NATIONAL GUARD COUNTER-DRUG PROGRAM ................................................ 94,211 195,979 101,768
Transfer from Counter-Narcotics Support ............................................. 31,768
Program increase ................................................................................... 70,000
NATIONAL GUARD COUNTER-DRUG SCHOOLS ................................................. 5,511 5,511 0
TOTAL, DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
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DEFENSE ................................................................................... 769,629 746,223 ¥23,406
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345
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES
The Committee recommendation includes $421,029,000 for
Counter-Narcotics Support, which supports the counter-narcotics
activities of United States Northern Command and United States
Southern Command, including the Joint Interagency Task Force
South. The Committee also supports the provision of intelligence,
surveillance, and reconnaissance assets to these combatant com-
mands to support their counter-drug operations.
The Committee recommendation transfers $31,768,000 from
Counter-Narcotics Support to the National Guard Counter-Drug
Program. The Committee recommendation also transfers
$26,006,000 requested for international programs under Counter-
Narcotics Support to International Security Cooperation Programs
managed by the Defense Security Cooperation Agency to build the
capacity of countries in the Northern Command and Southern
Command areas of responsibility to counter illicit drug trafficking.
The budget request for fiscal year 2022 should request funding for
these programs in a manner similar to the Committee rec-
ommendation for this fiscal year.
The Committee is concerned with the misrepresentation by the
Department of Defense regarding the purposes for which funds
were requested under this heading in fiscal year 2020. The Depart-
ment of Defense has reallocated $47,400,000 from Counter-Nar-
cotics Support for activities that were neither requested by the De-
partment nor appropriated by Congress, namely to fund southwest
border barrier construction. Such actions deny the Committee its
constitutional and oversight responsibilities and the Committee
recommendation for fiscal year 2021 does not continue funding pro-
grams that were reduced as a result of the Department’s actions.
The Committee is also concerned with the proper management of
funds appropriated under this heading. The Committee under-
stands that the Department of Defense delayed transfers from this
account to other appropriations for months while estimates for bor-
der construction were being developed. In lieu of the intended
source, other appropriations were used to implement programs nor-
mally funded under this heading. The Committee expects the Sec-
retary of Defense to ensure that funding provided under this head-
ing is properly managed and executed in a timely manner.
The Committee recommendation does not include the
$20,000,000 requested in fiscal year 2021 for southwest border bar-
rier construction, and section 8134 prohibits funds in this Act from
being used for that purpose. Moreover, section 8135 of the Act re-
turns any unobligated funds, which were transferred by the De-
partment of Defense on February 13, 2020 for southwest border
barrier constriction, to their original accounts to be used for the
original purposes for which they were appropriated by Congress.
The Committee recognizes the important role of the National
Guard Counter-Drug program in assisting local and state agencies
in addressing national drug-related challenges. The Committee en-
courages the administrators of the National Guard Counter-Drug
program to continue their coordination with communities, regions,
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and other organizations to help alleviate the national drug prob-
lem. The Committee notes the recommendations contained in Gov-
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346
ernment Accountability Office report 19–27 and encourages the
Chief of the National Guard Bureau to issue guidance on the oper-
ation and administration of the National Guard Counterdrug Pro-
gram in order to improve program performance.
OFFICE OF THE INSPECTOR GENERAL
Fiscal year 2020 appropriation .......................................................... $363,499,000
Fiscal year 2021 budget request ....................................................... 371,439,000
Committee recommendation .............................................................. 387,696,000
Change from budget request ............................................................. +16,257,000
The Committee recommends an appropriation of $387,696,000 for
the Office of the Inspector General which will provide the following
program in fiscal year 2021:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
Budget Committee Change from
Request Recommended Request
OPERATION AND MAINTENANCE ...................................................................... 369,483 385,740 16,257
Program increase—oversight of PL 116–136 funding ......................... 16,257
PROCUREMENT ................................................................................................ 858 858 0
RESEARCH, DEVELOPMENT, TEST AND EVALUATION ....................................... 1,098 1,098 0
TOTAL, OFFICE OF THE INSPECTOR GENERAL ........................................ 371,439 387,696 16,257
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TITLE VII
RELATED AGENCIES
NATIONAL AND MILITARY INTELLIGENCE PROGRAMS
The National Intelligence Program and the Military Intelligence
Program budgets funded in this Act consist primarily of resources
for the Director of National Intelligence, including the Intelligence
Community Management staff, the Central Intelligence Agency
(CIA), the Defense Intelligence Agency, the National Reconnais-
sance Office, the National Security Agency, the National
Geospatial-Intelligence Agency, the intelligence services of the De-
partments of the Army, Navy, and Air Force, and the CIA Retire-
ment and Disability fund.
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in a separate,
detailed, and comprehensive classified annex. The Intelligence
Community, the Department of Defense, and other organizations
are expected to fully comply with the recommendations and direc-
tions in the classified annex accompanying the Department of De-
fense Appropriations Act, 2021.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
Fiscal year 2020 appropriation .......................................................... $514,000,000
Fiscal year 2021 budget request ....................................................... 514,000,000
Committee recommendation .............................................................. 514,000,000
Change from budget request ............................................................. –––
The Committee recommends an appropriation of $514,000,000 for
the Central Intelligence Agency Retirement and Disability System
Fund. This is a mandatory account.
This appropriation provides payments of benefits to qualified
beneficiaries in accordance with the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees (P.L. 88–643), as
amended by Public Law 94–522. This statute authorized the estab-
lishment of the CIA Retirement and Disability System for certain
employees and authorized the establishment and maintenance of a
fund from which benefits would be paid to those beneficiaries.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
Fiscal year 2020 appropriation .......................................................... $556,000,000
Fiscal year 2021 budget request ....................................................... 663,000,000
Committee recommendation .............................................................. 619,728,000
Change from budget request ............................................................. ¥43,272,000
The Committee recommends an appropriation of $619,728,000 for
the Intelligence Community Management Account.
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TITLE VIII
GENERAL PROVISIONS
Title VIII of the accompanying bill includes 139 general provi-
sions. A brief description of each provision follows.
Section 8001 provides that no funds made available in this Act
may be used for publicity or propaganda purposes not authorized
by Congress.
Section 8002 provides for conditions and limitations on the pay-
ment of compensation to, or employment of, foreign nationals.
Section 8003 provides that no funds made available in this Act
may be obligated beyond the end of the fiscal year unless expressly
provided for a greater period of availability elsewhere in the Act.
Section 8004 limits the obligation of certain funds provided in
this Act during the last two months of the fiscal year.
Section 8005 has been amended and provides for the general
transfer authority of funds to other military functions.
Section 8006 provides that the tables titled ‘‘Explanation of
Project Level Adjustments’’ in the Committee report and classified
annex shall be carried out in the manner provided by the tables to
the same extent as if the tables were included in the text of this
Act.
Section 8007 has been amended and provides for the establish-
ment of a baseline for application of reprogramming and transfer
authorities for the current fiscal year.
Section 8008 provides for limitations on the use of transfer au-
thority of working capital fund cash balances.
Section 8009 provides that none of the funds appropriated in this
Act may be used to initiate a special access program without prior
notification to the congressional defense committees.
Section 8010 provides limitations and conditions on the use of
funds made available in this Act to initiate multiyear procurement
contracts.
Section 8011 has been amended and provides for the use and ob-
ligation of funds for humanitarian and civic assistance costs.
Section 8012 has been amended and provides that civilian per-
sonnel of the Department of Defense may not be managed on the
basis of end strength or be subject to end strength limitations.
Section 8013 prohibits funding from being used to influence con-
gressional action on any matters pending before the Congress.
Section 8014 prohibits compensation from being paid to any
member of the Army who is participating as a full-time student
and who receives benefits from the Education Benefits Fund when
time spent as a full-time student is counted toward that member’s
service commitment.
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350
Section 8015 provides for the transfer of funds appropriated in
title III of this Act for the Department of Defense Pilot Mentor-Pro-
tege Program.
Section 8016 has been amended and provides for the Department
of Defense to purchase anchor and mooring chains manufactured
only in the United States.
Section 8017 provides that no funds made available in this Act
shall be used for the support of any non-appropriated funds activity
of the Department of Defense that procures malt beverages and
wine except under certain conditions.
Section 8018 prohibits funds made available to the Department
of Defense from being used to demilitarize or dispose of certain sur-
plus firearms and small arms ammunition or ammunition compo-
nents.
Section 8019 provides a limitation on funds being used for the re-
location of any Department of Defense entity into or within the Na-
tional Capital Region.
Section 8020 has been amended and provides for incentive pay-
ments authorized by section 504 of the Indian Financing Act of
1974 (25 U.S.C. 1544).
Section 8021 provides that no funding for the Defense Media Ac-
tivity may be used for national or international political or psycho-
logical activities.
Section 8022 provides for the obligation of funds for purposes
specified in section 2350j(c) of title 10, United States Code, in an-
ticipation of receipt of contributions from the Government of Ku-
wait.
Section 8023 is new and requires notification of the receipt of
contributions from foreign governments.
Section 8024 has been amended and provides funding for the
Civil Air Patrol Corporation.
Section 8025 has been amended and prohibits funding from being
used to establish new Department of Defense Federally Funded Re-
search and Development Centers (FFRDC), with certain limita-
tions, and increases funding provided for FFRDCs.
Section 8026 provides for the Department of Defense to procure
carbon, alloy, or armor steel plate melted and rolled only in the
United States and Canada.
Section 8027 defines the congressional defense committees as the
Armed Services Committees of the House and Senate and the Sub-
committees on Defense of the House and Senate Appropriations
Committees.
Section 8028 provides for competitions between private firms and
Department of Defense depot maintenance activities.
Section 8029 has been amended and provides for the revocation
of blanket waivers of the Buy American Act.
Section 8030 provides for the availability of funds contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account.
Section 8031 provides for the conveyance, without consideration,
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of relocatable housing units that are excess to the needs of the Air
Force.
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351
Section 8032 provides authority to use operation and mainte-
nance appropriations to purchase items having an investment item
unit cost of not more than $250,000.
Section 8033 has been amended and provides authority to use op-
eration and maintenance appropriations for the Asia Pacific Re-
gional Initiative Program.
Section 8034 prohibits the sale of tobacco products in military re-
sale outlets below the most competitive price in the local commu-
nity.
Section 8035 has been amended and prohibits the use of Working
Capital Funds to purchase specified investment items.
Section 8036 has been amended and provides that none of the
funds appropriated for the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year except
for funds appropriated for the Reserve for Contingencies, the Work-
ing Capital Fund, or other programs as specified.
Section 8037 provides for the availability of funds for the mitiga-
tion of environmental impacts on Indian lands resulting from De-
partment of Defense activities.
Section 8038 requires the Department of Defense to comply with
the Buy American Act, chapter 83 of title 41, United States Code.
Section 8039 places certain limitations on the use of funds made
available in this Act to establish field operating agencies.
Section 8040 places restrictions on converting to contractor per-
formance an activity or function of the Department of Defense un-
less it meets certain guidelines provided.
(RESCISSIONS)
Section 8041 has been amended and provides for the rescission
of $2,491,100,000 from the following programs:
2019 Appropriations:
Procurement of Weapons and Tracked Combat Vehicles,
Army:
Bradley program mods ........................................................ $14,250,000
Other Procurement, Army:
Family of weapon sights ...................................................... 12,953,000
Aircraft Procurement, Navy:
MQ 4 Triton AP .................................................................... 7,983,000
Other Procurement, Navy:
Aircraft support equipment ................................................. 2,226,000
Aircraft Procurement, Air Force:
B–52 1760 IWBU ................................................................. 14,100,000
C–135B .................................................................................. 125,000,000
Combat Rescue Helicopter .................................................. 25,000,000
MC–130J recap ..................................................................... 41,124,000
RQ–4 mods ............................................................................ 12,200,000
RQ–4 post-production support ............................................ 17,100,000
RQ–4 spares ......................................................................... 2,100,000
Other Procurement, Air Force:
Classified .............................................................................. 12,400,000
2020 Appropriations:
Operation and Maintenance, Defense-Wide:
Defense Security Cooperation Account ............................... 20,000,000
Procurement of Weapons and Tracked Combat Vehicles,
Army:
Armored multipurpose vehicle ............................................ 87,840,000
Bradley program mods ........................................................ 6,000,000
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Other Procurement, Army:
Spider family of networked munitions ............................... 10,878,000
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Aircraft Procurement, Navy:
Joint Strike Fighter STOVL AP ......................................... 83,185,000
CH–53K field activities ........................................................ 13,315,000
CH–53K (Heavy Lift) AP ..................................................... 53,753,000
P–8A Poseidon ...................................................................... 77,600,000
Advanced helicopter training system ................................. 56,071,000
KC–130J ............................................................................... 14,878,000
MQ–4 Triton AP ................................................................... 10,070,000
F–18 series ............................................................................ 42,137,000
Shipbuilding and Conversion, Navy:
CVN Refueling Overhauls ................................................... 13,100,000
TAO Fleet Oiler AP ............................................................. 73,000,000
Other Procurement, Navy:
CG modernization ................................................................ 22,920,000
LSD midlife and modernization .......................................... 28,000,000
Aviation support equipment ................................................ 10,000,000
Procurement, Marine Corps:
Modification kits .................................................................. 20,139,000
Ground air/task oriented radar ........................................... 13,400,000
Aircraft Procurement, Air Force:
C–130 AMP 1 ....................................................................... 4,700,000
C–17 BLOS ........................................................................... 4,800,000
C–5 CNS/ATM ...................................................................... 7,900,000
Combat Rescue Helicopter .................................................. 65,000,000
E–11 BACN Gateway UON ................................................. 43,000,000
KC–46 ................................................................................... 209,588,000
MC–130J recap ..................................................................... 79,874,000
RQ–4 post-production support ............................................ 23,896,000
RQ–4 spares ......................................................................... 700,000
Missile Procurement, Air Force:
ALCM .................................................................................... 19,500,000
ICBM fuze mod .................................................................... 5,000,000
Other Procurement, Air Force:
GCSS–AF FOS (LOGIT) ...................................................... 11,226,000
Research, Development, Test and Evaluation, Army:
Indirect fire protection capability inc 2 block 1 ................. 74,286,000
Mobile medium range missile ............................................. 5,000,000
Improved turbine engine program ...................................... 49,527,000
Manned ground vehicle ....................................................... 130,415,000
Long range precision fires ................................................... 51,394,000
Research, Development, Test and Evaluation, Navy:
New design SSN ................................................................... 70,000,000
Research, Development, Test and Evaluation, Air Force:
ALCM .................................................................................... 6,000,000
Arms control implementation ............................................. 33,448,000
B–52 ATP display ................................................................ 3,000,000
B–52 CERP ........................................................................... 10,000,000
B–52 RMP ............................................................................. 5,800,000
Combat Rescue Helicopter .................................................. 30,000,000
Hypersonics prototyping ...................................................... 115,000,000
KC–46 ................................................................................... 16,093,000
Research, Development, Test and Evaluation, Defense-Wide:
Ballistic missile defense enabling programs ...................... 2,031,000
BMD targets ......................................................................... 300,000
Technology maturation initiatives ...................................... 6,400,000
Hypersonic defense .............................................................. 12,500,000
Improved homeland defense interceptors .......................... 302,000,000
Defense Working Capital Fund:
Defense Counter-Intelligence and Security Agency Work-
ing Capital Fund .............................................................. 150,000,000
Section 8042 prohibits funds made available in this Act from
being used to reduce authorized positions for military technicians
(dual status) of the Army National Guard, Air National Guard,
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Army Reserve, and Air Force Reserve unless such reductions are
a direct result of a reduction in military force structure.
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Section 8043 has been amended and prohibits funding from being
obligated or expended for assistance to the Democratic People’s Re-
public of Korea unless specifically appropriated for that purpose.
Section 8044 provides for reimbursement to the National Guard
and reserve when members of the National Guard and reserve pro-
vide intelligence or counterintelligence support to the combatant
commands, defense agencies, and joint intelligence activities.
Section 8045 prohibits the transfer of Department of Defense and
Central Intelligence Agencies drug interdiction and counter-drug
activities funds to other agencies.
Section 8046 prohibits funding from being used for the procure-
ment of ball and roller bearings other than those produced by a do-
mestic source and of domestic origin.
Section 8047 has been amended and provides funding for Red
Cross and United Services Organization grants.
Section 8048 prohibits funding from being used to purchase
supercomputers which are not manufactured in the United States.
Section 8049 provides funds for the Small Business Innovation
Research program and the Small Business Technology Transfer
program.
Section 8050 prohibits funding from being used for contractor bo-
nuses being paid due to business restructuring.
Section 8051 provides transfer authority for the pay of military
personnel in connection with support and services for eligible orga-
nizations and activities outside the Department of Defense.
Section 8052 has been amended and provides for the Department
of Defense to dispose of negative unliquidated or unexpended bal-
ances for expired or closed accounts.
Section 8053 provides conditions for the use of equipment of the
National Guard Distance Learning Project on a space-available, re-
imbursable basis.
Section 8054 has been amended and provides funding for Sexual
Assault Prevention and Response Programs.
Section 8055 has been amended and provides for the limitation
on the use of funds appropriated in title IV to procure end-items
for delivery to military forces for operational training, operational
use or inventory requirements.
Section 8056 provides for a waiver of ‘‘Buy American’’ provisions
for certain cooperative programs.
Section 8057 prohibits funding in this Act from being used for re-
pairs or maintenance to military family housing units.
Section 8058 provides obligation authority for new starts for ad-
vanced concept technology demonstration projects only after notifi-
cation to the congressional defense committees.
Section 8059 has been amended and provides that the Secretary
of Defense shall provide a classified quarterly report on certain
matters as directed in the classified annex accompanying this Act.
Section 8060 provides for the use of National Guard personnel to
support ground-based elements of the National Ballistic Missile De-
fense System.
Section 8061 prohibits the use of funds made available in this
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Act to transfer to any nongovernmental entity ammunition held by
the Department of Defense that has a center-fire cartridge and is
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designated as ‘‘armor piercing’’ except for demilitarization pur-
poses.
Section 8062 provides for a waiver by the Chief of the National
Guard Bureau or his designee for all or part of consideration in
cases of personal property leases of less than one year.
Section 8063 has been amended and provides for the transfer of
funds made available in this Act under Operation and Mainte-
nance, Army to other activities of the federal government for classi-
fied purposes.
Section 8064 has been amended and prohibits funding to sepa-
rate, or to consolidate from within, the National Intelligence Pro-
gram budget from the Department of Defense budget.
Section 8065 has been amended and provides grant authority for
the construction and furnishing of additional Fisher Houses to
meet the needs of military family members when confronted with
the illness or hospitalization of an eligible military beneficiary.
Section 8066 provides for the transfer of funds made available in
this Act under Operation and Maintenance, Navy to the John C.
Stennis Center for Public Service Development Trust Fund.
Section 8067 has been amended and prohibits the modification of
command and control relationships to give Fleet Forces Command
operational and administrative control of United States Navy forces
assigned to the Pacific fleet.
Section 8068 has been amended and requires notification for the
rapid acquisition and deployment of supplies and associated sup-
port services.
Section 8069 has been amended and provides funding and trans-
fer authority for the Israeli Cooperative Programs.
Section 8070 has been amended and provides for the funding of
prior year shipbuilding cost increases.
Section 8071 has been amended and provides that funds made
available in this Act for intelligence activities are deemed to be spe-
cifically authorized by Congress for purposes of section 504 of the
National Security Act of 1947 until the enactment of the Intel-
ligence Authorization Act for the current fiscal year.
Section 8072 has been amended and prohibits funding from being
used to initiate a new start program without prior written notifica-
tion.
Section 8073 has been amended and provides that the budget of
the President for the subsequent fiscal year shall include separate
budget justification documents for costs of the United States Armed
Forces’ participation in contingency operations.
Section 8074 prohibits funding from being used for the research,
development, test, evaluation, procurement, or deployment of nu-
clear armed interceptors of a missile defense system.
Section 8075 has been amended and makes funds available for
transfer for the purposes of rapid acquisition and deployment of
supplies and associated support services.
Section 8076 prohibits funding from being used to reduce or dis-
establish the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve.
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Section 8077 prohibits funding from being used for the integra-
tion of foreign intelligence information unless the information has
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been lawfully collected and processed during conduct of authorized
foreign intelligence activities.
Section 8078 prohibits funding from being used to transfer pro-
gram authority relating to current tactical unmanned aerial vehi-
cles from the Army and requires the Army to retain responsibility
for and operational control of the MQ–1C Unmanned Aerial Vehi-
cle.
Section 8079 has been amended and limits the availability of
funding provided for the Office of the Director of National Intel-
ligence beyond the current fiscal year, except for funds appro-
priated for research and technology, which shall remain available
for the current and the following fiscal years.
Section 8080 provides limitations on the Shipbuilding and Con-
version, Navy appropriation.
Section 8081 has been amended and provides for the establish-
ment of a baseline for application of reprogramming and transfer
authorities for the Office of the Director of National Intelligence for
the current fiscal year.
Section 8082 provides that certain support to friendly foreign
countries be made in accordance with section 8005 or 9002 of this
Act.
Section 8083 has been amended and places limitations on the re-
programming of funds from the Department of Defense Acquisition
Workforce Development Account.
Section 8084 prohibits funding from being used in violation the
Child Soldiers Prevention Act of 2008.
Section 8085 provides for limitations on funding provided for the
National Intelligence Program to be available for obligation or ex-
penditure through a reprogramming or transfer of funds in accord-
ance with section 102A(d) of the National Security Act of 1947 (50
U.S.C. 3024(d)).
Section 8086 defines the congressional intelligence committees as
being the Permanent Select Committee on Intelligence of the
House, the Select Committee on Intelligence of the Senate, and the
Subcommittees on Defense of the Committees on Appropriations of
the House and Senate.
Section 8087 provides the authority to transfer funding from op-
eration and maintenance accounts for the Army, Navy, and Air
Force to the central fund for Fisher Houses and Suites.
Section 8088 has been amended and prohibits the use of funds
for the purpose of making remittances to the Department of De-
fense Acquisition Workforce Development Account.
Section 8089 provides that any agency receiving funds made
available in this Act shall post on a public website any report re-
quired to be submitted to Congress with certain exceptions.
Section 8090 prohibits the use of funds for federal contracts in
excess of $1,000,000 unless the contractor meets certain conditions.
Section 8091 has been amended and provides funds for transfer
to the Joint Department of Defense—Department of Veterans Af-
fairs Medical Facility Demonstration Fund.
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Section 8092 prohibits the use of funds providing certain missile
defense information to certain entities.
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Section 8093 provides for the purchase of heavy and light armed
vehicles for the physical security of personnel or for force protection
purposes up to a limit of $450,000 per vehicle.
Section 8094 has been amended and provides the Director of Na-
tional Intelligence with general transfer authority with certain lim-
itations.
Section 8095 prohibits funding from being used in contravention
of the War Powers Resolution.
Section 8096 has been amended and prohibits funds from being
used to enter into a contract, memorandum of understanding, or co-
operative agreement with, make a grant to, or provide a loan or
loan guarantee to Rosoboronexport, except under certain condi-
tions.
Section 8097 prohibits the use of funds for the purchase or man-
ufacture of a United States flag unless such flags are treated as
covered items under section 2533a(b) of title 10, United States
Code.
Section 8098 directs the Secretary of Defense to post grant
awards on a public website in a searchable format.
Section 8099 places restrictions on transfer amounts available in
the Rapid Prototyping Fund.
Section 8100 prohibits the use of funds by the National Security
Agency targeting United States persons under authorities granted
in the Foreign Intelligence Surveillance Act.
Section 8101 prohibits the transfer of administrative or budg-
etary resources to the jurisdiction of another Federal agency not fi-
nanced by this Act without the express authorization of Congress.
Section 8102 has been amended and provides that operation and
maintenance funds may be used for any purposes related to the
National Defense Reserve Fleet.
Section 8103 prohibits the use of funds to provide counterter-
rorism support to foreign partners unless the congressional defense
committees are notified accordingly.
Section 8104 prohibits the use of funds to award a new TAO
Fleet Oiler or FFG Frigate program contract for the acquisition of
certain components unless those components are manufactured in
the United States.
Section 8105 has been amended and prohibits certain transfers
from the Department of Defense Acquisition Workforce Develop-
ment Account.
Section 8106 prohibits the use of funds for gaming or entertain-
ment that involves nude entertainers.
Section 8107 prohibits the use of funding for information tech-
nology systems that do not have pornographic content filters.
Section 8108 has been amended and prohibits funds to deliver F–
35 aircraft to the Republic of Turkey.
Section 8109 has been amended and places certain limitations on
the transfer of funds for the Global Engagement Center.
Section 8110 has been amended and makes funds available
through the Office of Economic Adjustment for transfer to the Sec-
retary of Education, to make grants to construct, renovate, repair,
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or expand elementary and secondary public schools on military in-
stallations.
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Section 8111 provides guidance on the implementation of the Pol-
icy for Assisted Reproductive Services for the Benefit of Seriously
or Severely Ill/Injured Active Duty Service Members.
Section 8112 has been amended and places restrictions on the
use of funding for military parades.
Section 8113 has been amended and provides for the use of funds
to modify two F–35 Joint Strike Fighters per variant to a test con-
figuration.
Section 8114 provides for funding available in the Defense
Health Program for death gratuity payments.
Section 8115 prohibits funds in the Act from being used to enter
into a contract or provide a loan to any corporation that has any
unpaid Federal tax liability.
Section 8116 has been amended and provides that any advance
billing for background investigation services and related services
purchased from activities financed using the Defense Working Cap-
ital Fund shall be excluded from the calculation of cumulative ad-
vance billings.
Section 8117 has been amended and prohibits funds from being
used to transfer the National Reconnaissance Office to the Space
Force.
Section 8118 is new and requires the Secretary of Defense to
make a certification prior to the transfer of any element to the
Space Force.
Section 8119 is new and provides funds appropriated under mili-
tary personnel may be used for expenses for members of the Space
Force.
Section 8120 is new and requires the Director of the Defense Se-
curity Cooperation Agency to submit a spend plan.
Section 8121 has been amended and reduces funding due to fa-
vorable foreign exchange rates.
Section 8122 is new and reduces funding due to favorable fuel
costs.
Section 8123 is new and prohibits funds from being used to ex-
clude or implement the exclusion of the Department of Defense
from cover under the Federal Service Labor Management Relations
Statute.
Section 8124 is new and requires the Secretary of Defense to pro-
vide information and documents regarding the December 1981
massacre in El Mozote.
Section 8125 is new and provides funds for agile development,
test and evaluation, procurement, production and modification, and
the operation and maintenance for certain software pilot programs.
Section 8126 is new and requires the Secretary of Defense to re-
port on deployed personnel by each geographic combatant com-
mand.
Section 8127 is new and requires the Secretary of Defense to pro-
vide notification before the deployment of security force assistance
brigades.
Section 8128 is new and provides funds for the purposes of public
healthcare professionals and public health laboratory staff, labora-
tory and medical equipment, and medical supplies.
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Section 8129 is new and prohibits funds for the development and
design of certain future naval ships unless any contract specifies
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that all hull, mechanical, and electrical components are manufac-
tured in the United States.
Section 8130 is new and prohibits funds for the decommissioning
of any Littoral Combat Ships.
Section 8131 is new and requires the Secretary of Defense pro-
vide notification of deployments of armed forces to locations outside
the United States.
Section 8132 is new and prohibits funding from being obligated
or expended in a manner that does not comply with the require-
ments in section 365 of H.R. 7120 limiting the transfer of Depart-
ment of Defense personal property to state or local law enforcement
agencies.
Section 8133 is new and prohibits the use of funds to conduct,
or prepare to conduct, any explosive nuclear weapons test that pro-
duces any yield. This section does not limit science-based stockpile
stewardship activities consistent with the zero-yield standard or re-
quirements under other provisions of law, such as sections 2401,
2523 and 2525 of title 50, United States Code.
Section 8134 is new and prohibits funds to construct a wall,
fence, border barriers, or border security infrastructure along the
southern land border of the United States.
Section 8135 is new and requires funds provided for the Depart-
ment of Defense for fiscal year 2020 that were transferred by the
Department and remain unobligated be returned to the original ac-
counts.
Section 8136 is new and limits the use of active armed forces on
the southern border unless the costs are reimbursed by the re-
questing agency.
Section 8137 is new and provides $50,000,000 for a new program
that will assist communities that surround military installations
with excessive decibel noise caused by military aircraft.
Section 8138 is new and prohibits the use of funds to provide
guidance on, review, prepare, approve, or recommend budget re-
quest funding levels or initiatives for the Department of Energy.
Section 8139 is new and provides funding for renaming Army in-
stallations, facilities, roads, and streets named after confederate
leaders and officers.
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TITLE IX
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON
TERRORISM
COMMITTEE RECOMMENDATION
In title IX, the Committee recommends additional appropriations
totaling $68,435,000,000 for overseas contingency operations/global
war on terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. A de-
tailed review of the Committee recommendation for programs fund-
ed in this title is provided in the following pages.
REPORTING REQUIREMENTS
The Committee recommendation includes a number of reporting
requirements related to overseas contingency operations and build-
ing capacity efforts. The Committee directs the Secretary of De-
fense to continue to report to the House and Senate Appropriations
Committees the incremental costs for all named operations in the
Central Command area of responsibility on a quarterly basis and
to submit, also on a quarterly basis, commitment, obligation, and
expenditure data for the Afghanistan Security Forces Fund and the
Counter-Islamic State of Iraq and Syria Train and Equip Fund.
The Committee directs the Secretary of Defense to submit an up-
dated report to the congressional defense committees not later than
60 days after the enactment of this Act on military actions being
conducted pursuant to Public Law 107–40 and Public Law 107–
243.
The Committee directs the Secretary of Defense to update the re-
port required by House Report 115–769 under the heading ‘‘Report
on U.S. Defense Assistance to Saudi Arabia and United Arab Emir-
ates Coalition in Yemen’’ not later than 60 days after the enact-
ment of this Act. Such report shall include an assessment of the
current conflict and a detailed description of any United States as-
sistance provided to or involvement with the operations of the coa-
lition; a description of United States military, Department of De-
fense civilian employees, and defense contractor employees involved
in such matters; and the specific legal authority under which such
personnel are involved.
The Committee recognizes the strategic partnership between the
United States and Iraq and supports efforts to normalize the secu-
rity relationship after more than 17 years. Accordingly, the Com-
mittee directs the Secretary of Defense, in coordination with the
Secretary of State, to undertake a comprehensive review and as-
sessment of United States security assistance programs with Iraq,
including the current management, personnel, funding, and goals
associated with such assistance. The review shall examine the de-
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livery and management of such assistance, including through Office
of Security Cooperation-Iraq. The results of the review and assess-
ment along with recommendations shall be submitted in a report
to the congressional defense committees not later than 60 days
after the enactment of this Act.
The Committee expects the Secretary of Defense to comply with
section 1090 of Public Law 114–328 regarding the cost of wars in
Afghanistan, Iraq, and Syria, and to post this information on the
Department’s public website in a timely manner.
OVERSEAS CONTINGENCY OPERATIONS JUSTIFICATION DOCUMENTS
The Committee is concerned with the lack of detailed information
provided in the budget justification documents associated with pro-
grams and activities supported by overseas contingency operations
(OCO) funding. Such documents do not accurately depict how funds
will be obligated and expended. Moreover, different operations
within combatant commands are often combined and described as
named operations, when they should be requested separately. The
Committee rejects the notion that if the overall level for the sub-
activity group remains level from one year into the next, that fund-
ing changes between named operations do not require further jus-
tification or budget documentation. All changes within sub-activity
groups should be justified.
The Committee directs the Secretary of Defense and the Service
Secretaries to include in the fiscal year budget 2022 request for
OCO funding a breakout for each named operation, including a
comparison of funds for such operations for the previous two fiscal
years; the number of personnel associated with such funds; and a
description of the direct war, enduring, or base funding being re-
quested. Such information should be included in unclassified form
but may be accompanied by a classified annex to the budget sub-
mission. The Secretary of Defense is also directed to consult with
the House and Senate Appropriations Committees not later than
30 days after the enactment of this Act and prior to the submission
of the budget request.
MILITARY PERSONNEL
The Committee recommends an additional appropriation of
$4,602,593,000 for Military Personnel. The Committee rec-
ommendation for each military personnel account is as follows:
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OPERATION AND MAINTENANCE
The Committee recommends an additional appropriation of
$57,824,499,000 for Operation and Maintenance. The Committee
recommendation for each operation and maintenance account is as
follows:
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GUANTANAMO BAY DETENTION FACILITY
The Committee is concerned with the extraordinary costs associ-
ated with the Guantanamo Bay detention facility, which amounts
to millions of dollars annually per detainee, and encourages a focus
on reducing such costs in a responsible manner. The Committee di-
rects the Secretary of Defense to submit a report to the House and
Senate Appropriations Committees not later than 60 days after the
enactment of this Act on the current number of detainees; their
legal status; a description of all Department Defense costs associ-
ated with the facility during the last two fiscal years and planned
for fiscal year 2021, by program, account, and activity; and rec-
ommendations to reduce such costs over the next three fiscal years.
The Committee directs that the fiscal year 2022 budget request in-
clude a similar description of such costs and any associated cost
savings measures planned for that fiscal year.
COMMANDERS’ EMERGENCY RESPONSE PROGRAM
The Committee recommendation provides that not more than
$2,000,000 under Operation and Maintenance, Army may be used
for the Commanders’ Emergency Response Program. The Com-
mittee believes that after nearly two decades the time has come to
wind down this program. The Committee directs the Secretary of
Defense to transition program activities to the Afghanistan Secu-
rity Forces and other agencies of the United States government, as
appropriate, and to phase out this program during fiscal year 2021.
EFFORTS TO MINIMIZE CIVILIAN CASUALTIES
The Committee supports efforts by the Department of Defense to
minimize civilian casualties and fully funds the request for re-
sources to improve tracking of civilian casualties.
EX GRATIA PAYMENTS
The Committee recommendation includes sufficient funding for
the Office of the Secretary of Defense under Operation and Mainte-
nance, Defense-Wide, for payments made to redress injury and loss
pursuant to section 1213 of the National Defense Authorization Act
for Fiscal Year 2020.
AFGHANISTAN SECURITY FORCES FUND
The Committee recommendation includes $3,047,612,000 for the
Afghanistan Security Forces Fund and notes the significant unobli-
gated balances from prior year appropriations.
The Committee recognizes the sacrifices made by the members of
the Afghanistan Security Forces and the recommendation provides
the support necessary for such forces to continue to defend their
country. The Committee notes the gains made in Afghanistan and
the significant investments made by the United States and coali-
tion partners in the Afghanistan Security Forces over nearly two
decades.
The Committee supports efforts to bring peace to Afghanistan
but notes the considerable uncertainty associated with the conflict,
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including the current level of violence and with respect to intra-Af-
ghan negotiations. Irrespective of the outcome of these efforts, the
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Committee believes that certain conditions must be in place for
United States assistance under this heading to continue. Accord-
ingly, the Committee recommendation provides that funds appro-
priated under this heading for the Afghanistan Security Forces
may only be obligated if the Secretary of Defense, in consultation
with the Secretary of State, certifies in writing to the congressional
defense committees that such forces are controlled by a civilian,
representative government that is protecting human rights and
women’s rights and preventing terrorists and terrorist groups from
using the territory of Afghanistan to threaten the security of the
United States and United States allies.
The Committee recommendation does not include funding for
major capital projects, major upgrades, or the procurement of new
systems, including the procurement of ten CH–47 helicopters. The
recommendation also includes modified language prohibiting funds
for the transfer of additional C–130 cargo aircraft to the Afghani-
stan National Security Forces or the Afghanistan Air Force.
The Committee recommendation includes funding for Afghani-
stan security personnel at their current levels, rather than author-
ized levels. The recommendation fully funds the request for the Af-
ghanistan Personnel and Pay System and provides funding only for
personnel who are enrolled in the system. The Committee also sup-
ports the use of identification cards, biometrics, and other meas-
ures to prevent fraud. The Committee directs the Secretary of De-
fense to submit a report to the congressional defense committees
not later than 90 days after the enactment of this Act on efforts
to reduce corruption in the Afghanistan Security Forces, including
through programs and technologies supported under this heading.
The Committee recommendation provides not less than
$20,000,000 for the recruitment and retention of women in the Af-
ghanistan National Security Forces, and the recruitment and train-
ing of female security personnel, which is twice the amount speci-
fied in the Department of Defense Appropriations Act, 2020. The
Committee directs the Secretary of Defense to submit a report to
the congressional defense committees not later than 45 days after
the enactment of this Act describing the proposed use of such
funds, including programmatic details, personnel targets, and other
goals and objectives to be achieved with this funding.
The Committee recommendation includes funding for items to re-
duce Afghanistan Security Forces casualties, including equipment
for explosive ordnance disposal and to counter improvised explosive
devices.
The Committee supports the efforts of the Combined Security
Transition Command-Afghanistan to transition costs of items such
as fuel from the United States to the Government of Afghanistan.
The Committee recommendation assumes the transition of addi-
tional items, including funding requested for civilian pay for the
Ministry of Defense not funded during fiscal year 2020; funding for
sustainment/general operations not funded during fiscal year 2020;
and a portion of funding for facilities sustainment, restoration, and
modernization.
The Committee remains interested in the details of the condi-
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tions-based withdrawal of United States and coalition forces from
Afghanistan. Not later than 30 days after the enactment of this Act
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378
and quarterly thereafter, the Committee directs the Secretary of
Defense, in coordination with the Director of National Intelligence,
to submit a report to the congressional defense committees on
United States coalition personnel in Afghanistan and the current
conditions of the conflict, including metrics related to the peace
agreement and an assessment of whether the Taliban is adhering
to its commitments under the agreement.
The Committee recommendation continues language prohibiting
funds for any member of the Taliban except to support a reconcili-
ation activity that includes the participation of members of the
Government of Afghanistan, does not restrict the participation of
women, and is authorized by section 1218 of the National Defense
Authorization Act for Fiscal Year 2020.
The Committee is concerned about reports that Russian military
intelligence units secretly offered bounties to Taliban-linked mili-
tants for killing United States and coalition forces in Afghanistan.
The Committee directs the Secretary of Defense, in coordination
with the Director of National Intelligence, to submit an assessment
and report to the congressional defense committees not later than
30 days after the enactment of this Act, on Russia’s malign activi-
ties in Afghanistan, including activities specifically directed against
United States and coalition forces in Afghanistan; any damage
done by such activities; and measures taken or planned by the Ad-
ministration in response.
The Committee notes the recent statements made by the Admin-
istration to reduce funding previously appropriated by Congress for
Afghanistan due to the political situation in that country. The
Committee is not aware of any specific statutory authority that
would allow the withholding of funding provided under this head-
ing for such purposes. The Committee notes the January 2020 deci-
sion by the Government Accountability Office regarding the with-
holding of funds in violation of the Impoundment Control Act.
COUNTER-ISIS TRAIN AND EQUIP FUND
The Committee recommendation includes $700,000,000 for the
Counter-ISIS Train and Equip Fund. The Committee notes the sig-
nificant unobligated balances from prior appropriations and the
disruption of programs due to the COVID–19 pandemic.
The Committee recognizes the gains made by the Global Coali-
tion to Defeat the Islamic State of Iraq and Syria (ISIS) to liberate
the territory once controlled by that terrorist organization. Never-
theless, the Committee is concerned by the continued threat of ISIS
and the potential for ISIS to regenerate. The Committee rec-
ommendation continues support under this heading for the Iraqi
Security Forces, Kurdish Peshmerga, and the Syrian Democratic
Forces to participate in activities to counter ISIS. The Committee
recommendation also continues the requirement that the Secretary
of Defense ensure that elements are appropriately vetted and have
made commitments to promote respect for human rights and the
rule of law.
The Committee recommendation continues enhanced notification
and reporting requirements for funds provided under this heading,
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including the requirement for the Secretary of Defense to notify the
congressional defense committees not fewer than 15 days prior to
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obligating funds. The Committee directs that such notifications in-
clude a description of the amount, type, and purpose of assistance
to be funded and the recipient of the assistance; the budget and im-
plementation timeline, with milestones and anticipated delivery
schedule for such assistance; and a description of any material mis-
use of such assistance since the last notification was submitted,
along with a description of any remedies taken by the Department
of Defense. The first notification submitted for funds provided
under this heading shall also include an explanation of how such
funds will build security force capabilities, professionalize partner
security forces, provide wide-area security, and promote long-term
stability in the region.
The Committee recommendation includes $500,000,000 to
counter ISIS in Iraq, including support for units of the Iraqi Secu-
rity Forces directly engaged in such efforts. The Committee rec-
ommendation also supports the Kurdish Peshmerga. In conjunction
with the central government of Iraq, the Department of Defense
should continue to provide the Peshmerga with the security capa-
bilities necessary to help secure territory liberated from ISIS and
to counter ISIS threats. Such support should include training,
equipment, and operational support tailored to conditions on the
ground. The Committee also notes that continued insecurity in
northern Iraq has hindered the return of religious minorities and
encourages a focus on programs that will increase security in these
areas.
The Committee recommendation includes $200,000,000 to
counter ISIS in Syria, including support for units of the Syrian
Democratic Forces directly engaged in such efforts.
The Committee directs the Secretary of Defense to submit a re-
port to the congressional defense committees not later than 90 days
after the enactment of this Act on measures taken to minimize ci-
vilian casualties and mitigate any negative impacts on the civilian
population from the defeat ISIS campaign, including through train-
ing programs supported under this heading.
The Committee notes that the mission of the Combined Joint
Task Force Operation Inherent Resolve is to work by, with, and
through regional partners to militarily defeat ISIS, not to guard oil
fields. The Committee recommendation includes modified language
in section 9007 prohibiting funds to exercise United States control
over any oil resource of Iraq or Syria.
The Committee recommendation continues the authority for the
Secretary of Defense to provide infrastructure repair and renova-
tion, and construction for facility fortification and humane treat-
ment. The recommendation also allows the Secretary to accept and
retain contributions from foreign governments and requires the
Secretary to prioritize such contributions when providing any as-
sistance for construction for facility fortification. The Committee di-
rects that any congressional notification submitted for facility for-
tification include detailed information on the scope of proposed
projects and information on contributions from partner nations,
which should reflect no less than $3 for every $1 from the United
States. The Committee directs the Secretary of Defense to consult
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with the House and Senate Appropriations Committees prior to
submitting a notification for such projects.
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PROCUREMENT
The Committee recommends an additional appropriation of
$6,473,543,000 for Procurement. The Committee recommendation
for each procurement account is as follows:
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NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
The Committee recommends $1,000,000,000 for the National
Guard and Reserve Equipment Account. Of that amount,
$300,000,000 is for the Army National Guard; $300,000,000 is for
the Air National Guard; $160,000,000 is for the Army Reserve;
$65,000,000 is for the Navy Reserve; $15,000,000 is for the Marine
Corps Reserve; and $160,000,000 is for the Air Force Reserve to
meet urgent equipment needs in the coming fiscal year.
This funding will allow the National Guard and reserve compo-
nents to procure high priority equipment used by these components
for both their military missions and missions in support of State
governors. The funding within this account is not to be used to pro-
cure equipment designated as high-density critical equipment,
major weapon systems, aircraft, and other equipment central to a
unit’s ability to perform its doctrinal mission. The funding within
this account is not to be used to procure equipment purchased by
the senior Service, to expand or accelerate current Service procure-
ment plans, to purchase expendable items, or to purchase facilities
or equipment for any requirement able to be satisfied elsewhere.
The Committee directs the Secretary of Defense to ensure that
the National Guard and Reserve Equipment Account is executed by
the Chiefs of the National Guard and reserve components with pri-
ority consideration given to the following items: acoustic hailing de-
vices; airborne and ground detect and avoid systems; containerized
ice making systems; crash-worthy, ballistically tolerant auxiliary
fuel systems; counter-UAS systems; gamma radiation protection;
helmet-mounted display system; hypervisor-based cross domain ac-
cess solution; modular small arms ranges and small arms training
simulators and tools; radiological screening portals; training sys-
tems and simulators; and virtual language training systems.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The Committee recommends an additional appropriation of
$321,508,000 for Research, Development, Test and Evaluation. The
Committee recommendation for each research, development, test
and evaluation account is as follows:
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REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
The Committee recommends an additional appropriation of
$20,090,000 for Defense Working Capital Funds.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
The Committee recommends an additional appropriation of
$365,098,000 for the Defense Health Program. The Committee rec-
ommendation is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
Budget Committee Change from
Request Recommended Request
IN-HOUSE CARE .............................................................................................. 65,072 65,072 0
PRIVATE SECTOR CARE ................................................................................... 296,828 296,828 0
CONSOLIDATED HEALTH SUPPORT .................................................................. 3,198 3,198 0
TOTAL, OPERATION AND MAINTENANCE ................................................. 365,098 365,098 0
OFFICE OF THE INSPECTOR GENERAL
The Committee recommends an additional appropriation of
$24,069,000 for the Office of the Inspector General.
GENERAL PROVISIONS
Title IX of the accompanying bill includes 30 general provisions,
many of which extend or modify war-related authorities included in
previous Acts. A brief description of each provision follows:
Section 9001 has been amended and provides that funds made
available in this title are in addition to funds appropriated or oth-
erwise made available for the Department of Defense for fiscal year
2021.
Section 9002 has been amended and provides for general transfer
authority within title IX.
Section 9003 provides that supervision and administration costs
associated with a construction project funded with appropriations
available for operation and maintenance or the Afghanistan Secu-
rity Forces Fund may be obligated at the time a construction con-
tract is awarded.
Section 9004 provides for the procurement of passenger motor ve-
hicles and heavy and light armored vehicles for use by military and
civilian employees of the Department of Defense in the United
States Central Command area.
Section 9005 has been amended and provides funding for the
Commanders’ Emergency Response Program, with certain limita-
tions.
Section 9006 provides lift and sustainment to coalition forces
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supporting military and stability operations in Iraq and Afghani-
stan.
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Section 9007 has been amended and prohibits the establishment
of permanent bases in Iraq or Afghanistan or United States control
over Iraq or Syria oil resources.
Section 9008 prohibits the use of funding in contravention of the
United Nations Convention Against Torture and Other Cruel, In-
human or Degrading Treatment or Punishment.
Section 9009 limits the obligation of funding for the Afghanistan
Security Forces Fund until certain conditions have been met.
Section 9010 provides for the purchase of items of a particular
investment unit cost from funding made available for operation and
maintenance.
Section 9011 provides security assistance to the Government of
Jordan.
Section 9012 has been amended and prohibits the use of funding
under certain headings to procure or transfer man-portable air de-
fense systems.
Section 9013 has been amended and provides assistance to the
military and national security forces of Ukraine.
Section 9014 provides replacement funds for items provided to
the Government of Ukraine from the inventory of the United
States.
Section 9015 prohibits the use of funds to provide arms, training,
or other assistance to the Azov Battalion.
Section 9016 has been amended and provides for the transfer of
excess equipment to foreign forces receiving equipment through the
Counter-ISIS Train and Equip Fund.
Section 9017 has been amended and restricts funds provided for
reimbursement to the Government of Pakistan for border security
operations until certain conditions are met.
Section 9018 prohibits the use of funds with respect to Iraq in
contravention of the War Powers Resolution.
Section 9019 prohibits the use of funds with respect to Syria in
contravention of the War Powers Resolution.
Section 9020 has been amended and prohibits the transfer of ad-
ditional C–130 cargo aircraft to the Afghanistan National Security
Forces or Afghanistan Air Force.
Section 9021 has been amended and requires the Secretary of
Defense to certify the use of funds in the Afghanistan Security
Forces Fund under certain conditions.
Section 9022 has been amended and restricts funds provided in
this Act for any member of the Taliban.
Section 9023 provides that nothing in this Act may be construed
as authorizing the use of force against Iran.
Section 9024 is new and requires the Secretary to provide a noti-
fication when a foreign base is open or closed.
Section 9025 has been amended and provides funds to the De-
partment of Defense to improve near-term intelligence, surveil-
lance, and reconnaissance capabilities.
(RESCISSIONS)
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Section 9026 has been amended and provides for the rescission
of $1,446,400,000 from the following programs:
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394
2019 Appropriations:
Aircraft Procurement, Air Force:
B–52 infrared threat defense UON .................................... $16,400,000
2020 Appropriations:
Operation and Maintenance, Defense-Wide:
Defense Security Cooperation Account ............................... 80,000,000
Afghanistan Security Forces Fund:
Afghanistan Security Forces Fund ..................................... 1,100,000,000
Counter-ISIS Train and Equip Fund:
Counter-ISIS Train and Equip Fund ................................. 250,000,000
Section 9027 requires the President to designate overseas contin-
gency operations/global war on terrorism funds.
Section 9028 is new and repeals the 2001 Authorization for Use
of Military Force (P.L. 107–40) 240 days after the date of the enact-
ment of this Act.
Section 9029 is new and repeals the Authorization for Use of
Military Force Against Iraq Resolution of 2002 (Public Law 107–
243).
Section 9030 is new and prohibits funds in the Act for any use
of military force in or against Iran, with certain exceptions.
HOUSE OF REPRESENTATIVES REPORTING
REQUIREMENTS
The following items are included in accordance with various re-
quirements of the Rules of the House of Representatives:
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House
of Representatives, the following is a statement of general perform-
ance goals and objectives for which this measure authorizes fund-
ing:
The Committee on Appropriations considers program perform-
ance, including a program’s success in developing and attaining
outcome-related goals and objectives, in developing funding rec-
ommendations.
RESCISSIONS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House
or Representatives, the following table is submitted describing the
rescissions recommended in the accompanying bill:
Procurement of Weapons and Tracked Combat Vehicles, Army, 2019/2021 ...................................... $14,250,000
Other Procurement, Army, 2019/2021 .................................................................................................. 12,953,000
Aircraft Procurement, Navy, 2019/2021 ............................................................................................... 7,983,000
Other Procurement, Navy, 2019/2021 .................................................................................................. 2,226,000
Aircraft Procurement, Air Force, 2019/2021 ........................................................................................ 236,624,000
Other Procurement, Air Force, 2019/2021 ........................................................................................... 12,400,000
Operation and Maintenance, Defense-Wide: DSCA Security Cooperation Account, 2020/2021 .......... 20,000,000
Procurement of Weapons and Tracked Combat Vehicles, Army, 2020/2022 ...................................... 93,840,000
Other Procurement, Army, 2020/2022 .................................................................................................. 10,878,000
Aircraft Procurement, Navy, 2020/2022 ............................................................................................... 351,009,000
Shipbuilding and Conversion, Navy: TAO Fleet Oiler AP, 2020/2024 .................................................. 73,000,000
Shipbuilding and Conversion, Navy: CVN Refueling Overhauls, 2020/2024 ....................................... 13,100,000
Other Procurement, Navy, 2020/2022 .................................................................................................. 60,920,000
Procurement, Marine Corps, 2020/2022 .............................................................................................. 33,539,000
Aircraft Procurement, Air Force, 2020/2022 ........................................................................................ 439,458,000
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Missile Procurement, Air Force, 2020/2022 ......................................................................................... 24,500,000
Other Procurement, Air Force, 2020/2022 ........................................................................................... 11,226,000
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395
Research, Development, Test and Evaluation, Army, 2020/2021 ....................................................... 310,622,000
Research, Development, Test and Evaluation, Navy, 2020/2021 ........................................................ 70,000,000
Research, Development, Test and Evaluation, Air Force, 2020/2021 ................................................. 219,341,000
Research, Development, Test and Evaluation, Defense-Wide, 2020/2021 .......................................... 323,231,000
Defense Working Capital Fund: Defense Counterintelligence and Security Agency Working Capital
Fund, 2020/20XX ............................................................................................................................. 150,000,000
Overseas Contingency Operations/Global War on Terrorism:
Aircraft Procurement, Air Force, 2019/2021 ........................................................................................ $16,400,000
Operation and Maintenance, Defense-Wide: Defense Security Cooperation Account, 2020/2021 ...... 80,000,000
Afghanistan Security Forces Fund, 2020/2021 .................................................................................... 1,100,000,000
Counter-ISIS Train and Equip Fund, 2020/2021 ................................................................................. 250,000,000
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House
of Representatives, the following is submitted describing the trans-
fer of funds provided in the accompanying bill.
Language has been included under ‘‘Operation and Maintenance,
Defense-Wide’’ which provides for the transfer of funds for certain
classified activities.
Language has been included under ‘‘Environmental Restoration,
Army’’ which provides for the transfer of funds for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris, or for similar purposes.
Language has been included under ‘‘Environmental Restoration,
Navy’’ which provides for the transfer of funds for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris, or for similar purposes.
Language has been included under ‘‘Environmental Restoration,
Air Force’’ which provides for the transfer of funds for environ-
mental restoration, reduction and recycling of hazardous waste, re-
moval of unsafe buildings and debris, or for similar purposes.
Language has been included under ‘‘Environmental Restoration,
Defense-Wide’’ which provides for the transfer of funds for environ-
mental restoration, reduction and recycling of hazardous waste, re-
moval of unsafe buildings and debris, or for similar purposes.
Language has been included under ‘‘Environmental Restoration,
Formerly Used Defense Sites’’ which provides for the transfer of
funds for environmental restoration, reduction and recycling of haz-
ardous waste, removal of unsafe buildings and debris, or for similar
purposes.
Language has been included under ‘‘Drug Interdiction and
Counter-Drug Activities, Defense’’ which provides for the transfer
of funds to appropriations available to the Department of Defense
for military personnel of the reserve components; for operation and
maintenance; for procurement; and for research, development, test
and evaluation for drug interdiction and counter-drug activities of
the Department of Defense.
Language has been included under ‘‘General Provisions, Sec.
8005’’ which provides for the transfer of working capital funds to
other appropriations accounts of the Department of Defense for
military functions.
Language has been included under ‘‘General Provisions, Sec.
8008’’ which provides for the transfer of funds between working
capital funds and the ‘‘Foreign Currency Fluctuations, Defense’’ ap-
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propriation and the operation and maintenance appropriation ac-
counts.
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Language has been included under ‘‘General Provisions, Sec.
8015’’ which provides for the transfer of funds from the Depart-
ment of Defense Pilot Mentor-Protégé Program to any other appro-
priation for the purposes of implementing a Mentor-Protégé Pro-
gram development assistance agreement.
Language has been included under ‘‘General Provisions, Sec.
8051’’ which provides for the transfer of funds from ‘‘Operation and
Maintenance, Defense-Wide’’ to appropriations available for the pay
of military personnel in connection with support and services of eli-
gible organizations and activities outside the Department of De-
fense.
Language has been included under ‘‘General Provisions, Sec.
8054’’ which provides for the transfer of funds from ‘‘Operation and
Maintenance, Defense-Wide’’ to the Department of the Army, the
Department of the Navy, and the Department of the Air Force to
support the Sexual Assault Special Victims’ Counsel Program.
Language has been included under ‘‘General Provisions, Sec.
8063’’ which provides for the transfer of funds from ‘‘Operation and
Maintenance, Army’’ to other activities of the federal government.
Language has been included under ‘‘General Provisions, Sec.
8066’’ which provides for the transfer of funds from ‘‘Operation and
Maintenance, Navy’’ to the John C. Stennis Center for Public Serv-
ice Development Trust Fund.
Language has been included under ‘‘General Provisions, Sec.
8069’’ which provides for the transfer of funds from ‘‘Procurement,
Defense-Wide’’ and ‘‘Research, Development, Test and Evaluation,
Defense-Wide’’ for the Israeli Cooperative Programs.
Language has been included under ‘‘General Provisions, Sec.
8070’’ which provides for the transfer of funds from ‘‘Shipbuilding
and Conversion, Navy’’ to fund prior year shipbuilding cost in-
creases.
Language has been included under ‘‘General Provisions, Sec.
8087’’ which provides for the transfer of funds from ‘‘Operation and
Maintenance, Army’’, ‘‘Operation and Maintenance, Navy’’, and
‘‘Operation and Maintenance, Air Force’’ to the central fund estab-
lished for Fisher Houses and Suites.
Language has been included under ‘‘General Provisions, Sec.
8091’’ which provides for the transfer of funds appropriated for op-
eration and maintenance for the Defense Health Program to the
Joint Department of Defense–Department of Veterans Affairs Med-
ical Facility Demonstration Fund.
Language has been included under ‘‘General Provisions, Sec.
8094’’ which provides for the transfer of funds for the National In-
telligence Program.
Language has been included under ‘‘General Provisions, Sec.
8110’’ which provides for the transfer of funds from ‘‘Operation and
Maintenance, Defense-Wide’’ for elementary and secondary public
schools on military installations.
Language has been included under title IX ‘‘General Provisions,
Sec. 9002’’ which provides for the authority to transfer funds be-
tween the appropriations or funds made available to the Depart-
ment of Defense in title IX, subject to certain conditions.
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Language has been included under title IX ‘‘General Provisions,
Sec. 9025’’ which provides for the transfer of funds to the operation
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397
and maintenance, military personnel, and procurement accounts, to
improve the intelligence, surveillance, and reconnaissance capabili-
ties of the Department of Defense.
EARMARK DISCLOSURE STATEMENT
Neither the bill nor the report contains any congressional ear-
marks, limited tax benefits, or limited tariff benefits as defined in
Clause 9 of rule XXI.
COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE)
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, is shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets):
AUTHORIZATION FOR USE OF MILITARY FORCE
Joint Resolution To authorize the use of United States Armed Forces against
those responsible for the recent attacks launched against the United States.
øWhereas, on September 11, 2001, acts of treacherous violence
were committed against the United States and its citizens; and
øWhereas, such acts render it both necessary and appropriate that
the United States exercise its rights to self-defense and to pro-
tect United States citizens both at home and abroad; and
øWhereas, in light of the threat to the national security and foreign
policy of the United States posed by these grave acts of vio-
lence; and
øWhereas, such acts continue to pose an unusual and extraor-
dinary threat to the national security and foreign policy of the
United States; and
øWhereas, the President has authority under the Constitution to
take action to deter and prevent acts of international terrorism
against the United States: Now, therefore, be it
ƒResolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
øSECTION 1. SHORT TITLE.
øThis joint resolution may be cited as the ‘‘Authorization for Use
of Military Force’’.
øSEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED
FORCES.
ø(a) IN GENERAL.—That the President is authorized to use all
necessary and appropriate force against those nations, organiza-
tions, or persons he determines planned, authorized, committed, or
aided the terrorist attacks that occurred on September 11, 2001, or
harbored such organizations or persons, in order to prevent any fu-
ture acts of international terrorism against the United States by
such nations, organizations or persons.
ø(b) WAR POWERS RESOLUTION REQUIREMENTS.—
ø(1) SPECIFIC STATUTORY AUTHORIZATION.—Consistent with
section 8(a)(1) of the War Powers Resolution, the Congress de-
clares that this section is intended to constitute specific statu-
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tory authorization within the meaning of section 5(b) of the
War Powers Resolution.
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ø(2) APPLICABILITY OF OTHER REQUIREMENTS.—Nothing in
this resolution supercedes any requirement of the War Powers
Resolution.¿
AUTHORIZATION FOR USE OF MILITARY FORCE
AGAINST IRAQ RESOLUTION OF 2002
Joint Resolution To authorize the use of United States Armed Forces against Iraq.
øWhereas in 1990 in response to Iraq’s war of aggression against
and illegal occupation of Kuwait, the United States forged a co-
alition of nations to liberate Kuwait and its people in order to
defend the national security of the United States and enforce
United Nations Security Council resolutions relating to Iraq;
øWhereas after the liberation of Kuwait in 1991, Iraq entered into
a United Nations sponsored cease-fire agreement pursuant to
which Iraq unequivocally agreed, among other things, to elimi-
nate its nuclear, biological, and chemical weapons programs
and the means to deliver and develop them, and to end its sup-
port for international terrorism;
øWhereas the efforts of international weapons inspectors, United
States intelligence agencies, and Iraqi defectors led to the dis-
covery that Iraq had large stockpiles of chemical weapons and
a large scale biological weapons program, and that Iraq had an
advanced nuclear weapons development program that was
much closer to producing a nuclear weapon than intelligence
reporting had previously indicated;
øWhereas Iraq, in direct and flagrant violation of the cease-fire, at-
tempted to thwart the efforts of weapons inspectors to identify
and destroy Iraq’s weapons of mass destruction stockpiles and
development capabilities, which finally resulted in the with-
drawal of inspectors from Iraq on October 31, 1998;
øWhereas in Public Law 105–235 (August 14, 1998), Congress con-
cluded that Iraq’s continuing weapons of mass destruction pro-
grams threatened vital United States interests and inter-
national peace and security, declared Iraq to be in ‘‘material
and unacceptable breach of its international obligations’’ and
urged the President ‘‘to take appropriate action, in accordance
with the Constitution and relevant laws of the United States,
to bring Iraq into compliance with its international obliga-
tions’’;
øWhereas Iraq both poses a continuing threat to the national secu-
rity of the United States and international peace and security
in the Persian Gulf region and remains in material and unac-
ceptable breach of its international obligations by, among other
things, continuing to possess and develop a significant chem-
ical and biological weapons capability, actively seeking a nu-
clear weapons capability, and supporting and harboring ter-
rorist organizations;
øWhereas Iraq persists in violating resolution of the United Na-
tions Security Council by continuing to engage in brutal re-
pression of its civilian population thereby threatening inter-
national peace and security in the region, by refusing to re-
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lease, repatriate, or account for non-Iraqi citizens wrongfully
detained by Iraq, including an American serviceman, and by
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399
failing to return property wrongfully seized by Iraq from Ku-
wait;
øWhereas the current Iraqi regime has demonstrated its capability
and willingness to use weapons of mass destruction against
other nations and its own people;
øWhereas the current Iraqi regime has demonstrated its continuing
hostility toward, and willingness to attack, the United States,
including by attempting in 1993 to assassinate former Presi-
dent Bush and by firing on many thousands of occasions on
United States and Coalition Armed Forces engaged in enforc-
ing the resolutions of the United Nations Security Council;
øWhereas members of al Qaida, an organization bearing responsi-
bility for attacks on the United States, its citizens, and inter-
ests, including the attacks that occurred on September 11,
2001, are known to be in Iraq;
øWhereas Iraq continues to aid and harbor other international ter-
rorist organizations, including organizations that threaten the
lives and safety of United States citizens;
øWhereas the attacks on the United States of September 11, 2001,
underscored the gravity of the threat posed by the acquisition
of weapons of mass destruction by international terrorist orga-
nizations;
øWhereas Iraq’s demonstrated capability and willingness to use
weapons of mass destruction, the risk that the current Iraqi re-
gime will either employ those weapons to launch a surprise at-
tack against the United States or its Armed Forces or provide
them to international terrorists who would do so, and the ex-
treme magnitude of harm that would result to the United
States and its citizens from such an attack, combine to justify
action by the United States to defend itself;
øWhereas United Nations Security Council Resolution 678 (1990)
authorizes the use of all necessary means to enforce United
Nations Security Council Resolution 660 (1990) and subse-
quent relevant resolutions and to compel Iraq to cease certain
activities that threaten international peace and security, in-
cluding the development of weapons of mass destruction and
refusal or obstruction of United Nations weapons inspections
in violation of United Nations Security Council Resolution 687
(1991), repression of its civilian population in violation of
United Nations Security Council Resolution 688 (1991), and
threatening its neighbors or United Nations operations in Iraq
in violation of United Nations Security Council Resolution 949
(1994);
øWhereas in the Authorization for Use of Military Force Against
Iraq Resolution (Public Law 102–1), Congress has authorized
the President ‘‘to use United States Armed Forces pursuant to
United Nations Security Council Resolution 678 (1990) in order
to achieve implementation of Security Council Resolution 660,
661, 662, 664, 665, 666, 667, 669, 670, 674, and 677’’;
øWhereas in December 1991, Congress expressed its sense that it
‘‘supports the use of all necessary means to achieve the goals
of United Nations Security Council Resolution 687 as being
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consistent with the Authorization of Use of Military Force
Against Iraq Resolution (Public Law 102–1),’’ that Iraq’s re-
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400
pression of its civilian population violates United Nations Se-
curity Council Resolution 688 and ‘‘constitutes a continuing
threat to the peace, security, and stability of the Persian Gulf
region,’’ and that Congress, ‘‘supports the use of all necessary
means to achieve the goals of United Nations Security Council
Resolution 688’’;
øWhereas the Iraq Liberation Act of 1998 (Public Law 105–338) ex-
pressed the sense of Congress that it should be the policy of
the United States to support efforts to remove from power the
current Iraqi regime and promote the emergence of a demo-
cratic government to replace that regime;
øWhereas on September 12, 2002, President Bush committed the
United States to ‘‘work with the United Nations Security Coun-
cil to meet our common challenge’’ posed by Iraq and to ‘‘work
for the necessary resolutions,’’ while also making clear that
‘‘the Security Council resolutions will be enforced, and the just
demands of peace and security will be met, or action will be
unavoidable’’;
øWhereas the United States is determined to prosecute the war on
terrorism and Iraq’s ongoing support for international terrorist
groups combined with its development of weapons of mass de-
struction in direct violation of its obligations under the 1991
cease-fire and other United Nations Security Council resolu-
tions make clear that it is in the national security interests of
the United States and in furtherance of the war on terrorism
that all relevant United Nations Security Council resolutions
be enforced, including through the use of force if necessary;
øWhereas Congress has taken steps to pursue vigorously the war
on terrorism through the provision of authorities and funding
requested by the President to take the necessary actions
against international terrorists and terrorist organizations, in-
cluding those nations, organizations, or persons who planned,
authorized, committed, or aided the terrorist attacks that oc-
curred on September 11, 2001, or harbored such persons or or-
ganizations;
øWhereas the President and Congress are determined to continue
to take all appropriate actions against international terrorists
and terrorist organizations, including those nations, organiza-
tions, or persons who planned, authorized, committed, or aided
the terrorist attacks that occurred on September 11, 2001, or
harbored such persons or organizations;
øWhereas the President has authority under the Constitution to
take action in order to deter and prevent acts of international
terrorism against the United States, as Congress recognized in
the joint resolution on Authorization for Use of Military Force
(Public Law 107–40); and
øWhereas it is in the national security interests of the United
States to restore international peace and security to the Per-
sian Gulf region: Now, therefore, be it
ƒResolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
øSECTION 1. SHORT TITLE.
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øThis joint resolution may be cited as the ‘‘Authorization for Use
of Military Force Against Iraq Resolution of 2002’’.
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401
øSEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.
øThe Congress of the United States supports the efforts by the
President to—
ø(1) strictly enforce through the United Nations Security
Council all relevant Security Council resolutions regarding
Iraq and encourages him in those efforts; and
ø(2) obtain prompt and decisive action by the Security Coun-
cil to ensure that Iraq abandons its strategy of delay, evasion
and noncompliance and promptly and strictly complies with all
relevant Security Council resolutions regarding Iraq.
øSEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED
FORCES.
ø(a) AUTHORIZATION.—The President is authorized to use the
Armed Forces of the United States as he determines to be nec-
essary and appropriate in order to—
ø(1) defend the national security of the United States against
the continuing threat posed by Iraq; and
ø(2) enforce all relevant United Nations Security Council res-
olutions regarding Iraq.
ø(b) PRESIDENTIAL DETERMINATION.—In connection with the ex-
ercise of the authority granted in subsection (a) to use force the
President shall, prior to such exercise or as soon thereafter as may
be feasible, but no later than 48 hours after exercising such author-
ity, make available to the Speaker of the House of Representatives
and the President pro tempore of the Senate his determination
that—
ø(1) reliance by the United States on further diplomatic or
other peaceful means alone either (A) will not adequately pro-
tect the national security of the United States against the con-
tinuing threat posed by Iraq or (B) is not likely to lead to en-
forcement of all relevant United Nations Security Council reso-
lutions regarding Iraq; and
ø(2) acting pursuant to this joint resolution is consistent
with the United States and other countries continuing to take
the necessary actions against international terrorist and ter-
rorist organizations, including those nations, organizations, or
persons who planned, authorized, committed or aided the ter-
rorist attacks that occurred on September 11, 2001.
ø(c) WAR POWERS RESOLUTION REQUIREMENTS.—
ø(1) SPECIFIC STATUTORY AUTHORIZATION.—Consistent with
section 8(a)(1) of the War Powers Resolution, the Congress de-
clares that this section is intended to constitute specific statu-
tory authorization within the meaning of section 5(b) of the
War Powers Resolution.
ø(2) APPLICABILITY OF OTHER REQUIREMENTS.—Nothing in
this joint resolution supersedes any requirement of the War
Powers Resolution.
øSEC. 4. REPORTS TO CONGRESS.
ø(a) REPORTS.—The President shall, at least once every 60
days, submit to the Congress a report on matters relevant to
this joint resolution, including actions taken pursuant to the
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exercise of authority granted in section 3 and the status of
planning for efforts that are expected to be required after such
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402
actions are completed, including those actions described in sec-
tion 7 of the Iraq Liberation Act of 1998 (Public Law 105–338).
ø(b) SINGLE CONSOLIDATED REPORT.—To the extent that the sub-
mission of any report described in subsection (a) coincides with the
submission of any other report on matters relevant to this joint res-
olution otherwise required to be submitted to Congress pursuant to
the reporting requirements of the War Powers Resolution (Public
Law 93–148), all such reports may be submitted as a single consoli-
dated report to the Congress.
ø(c) RULE OF CONSTRUCTION.—To the extent that the information
required by section 3 of the Authorization for Use of Military Force
Against Iraq Resolution (Public Law 102–1) is included in the re-
port required by this section, such report shall be considered as
meeting the requirements of section 3 of such resolution.¿
CHANGES IN THE APPLICATION OF EXISTING LAW
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the
House of Representatives, the following statements are submitted
describing the effect of provisions in the accompanying bill which
directly or indirectly change the application of existing law.
Language is included in various parts of the bill to continue on-
going activities which require annual authorization or additional
legislation, which to date has not been enacted.
The bill includes a number of provisions which place limitations
on the use of funds in the bill or change existing limitations and
which might, under some circumstances, be construed as changing
the application of law.
The bill includes a number of provisions which provide for the
transfer of funds and which might, under some circumstances, be
construed as changing the application of law.
The bill includes a number of provisions, which have been vir-
tually unchanged for many years that are technically considered
legislation.
The bill provides that appropriations shall remain available for
more than one year for some programs for which the basic author-
izing legislation does not presently authorize each extended avail-
ability.
In various places in the bill, the Committee has allocated funds
within appropriation accounts in order to fund specific programs.
Language is included in various accounts placing a limitation on
funds for emergencies and extraordinary expenses.
Language is included that provides not more than $6,859,000 for
the Combatant Commander Initiative Fund.
Language is included that provides not less than $48,000,000 for
the Procurement Technical Assistance Cooperative Agreement Pro-
gram, of which not less than $4,500,000 shall be available for cen-
ters.
Language is included that prohibits the consolidation of certain
legislative affairs or liaison offices.
Language is included that makes available $17,732,000 for cer-
tain classified activities, allows such funds to be transferred be-
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tween certain accounts, and exempts such funds from the invest-
ment item unit cost ceiling.
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403
Language is included that makes funds available to provide sup-
port to foreign security forces and other groups, and makes a por-
tion of the funds available for two years.
Language is included that limits the use of funds for official rep-
resentation purposes under the heading ‘‘United States Court of
Appeals for the Armed Forces’’.
Language is included that limits funds credited or transferred to
the Department of Defense Acquisition Workforce Development Ac-
count.
Language is included that provides for specific construction, ac-
quisition, or conversion of vessels under the heading ‘‘Shipbuilding
and Conversion, Navy’’.
Language is included that provides for the incurring of additional
obligations for certain activities under the heading ‘‘Shipbuilding
and Conversion, Navy’’.
Language is included that prohibits the use of funds provided
under the heading ‘‘Shipbuilding and Conversion, Navy’’ for the
construction of any naval vessel, or the construction of major com-
ponents for the construction or conversion of any naval vessel, in
foreign facilities or shipyards.
Language is included under the heading ‘‘Shipbuilding and Con-
version, Navy’’ that allows funds to be available for multiyear pro-
curement of critical components to support the common missile
compartment of nuclear-powered vessels.
Language is included under the heading ‘‘National Guard and
Reserve Equipment Account’’ providing for the procurement of cer-
tain items and the submission of modernization priority assess-
ments.
Language is included under the heading ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’ that provides funds for certain
activities related to the V–22.
Language is included that specifies the use of certain funds pro-
vided under the heading ‘‘Defense Health Program’’.
Language is included that provides that not less than $8,000,000
of funds provided under the heading ‘‘Defense Health Program’’
shall be available for HIV/AIDS prevention educational activities.
Language is included that provides for the carry-over of no more
than one percent of operation and maintenance funds provided
under the heading ‘‘Defense Health Program’’.
Language is included under the heading ‘‘Defense Health Pro-
gram’’ that provides that not less than $1,020,500,000 shall be
made available to the U.S. Army Medical Research and Materiel
Command to carry out congressionally directed medical research
programs.
Language is included that specifies the use of certain funds pro-
vided under the heading ‘‘Chemical Agents and Munitions Destruc-
tion, Defense’’.
Language is included that specifies the use of certain funds pro-
vided under the heading ‘‘Drug-Interdiction and Counter-Drug Ac-
tivities, Defense’’.
Language is included that provides that no funds made available
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in this Act may be used for publicity or propaganda purposes not
authorized by Congress.
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404
Language is included that provides for conditions and limitations
on the payment of compensation to, or employment of, foreign na-
tionals.
Language is included that provides that no funds made available
in this Act may be obligated beyond the end of the fiscal year un-
less expressly provided for a greater period of availability else-
where in this Act.
Language is included that limits the obligation of certain funds
provided in this Act during the last two months of the fiscal year.
Language is included that provides for the general transfer au-
thority of funds to other military functions.
Language is included that the tables titled ‘‘Explanation of
Project Level Adjustments’’ in this report and classified annex shall
be carried out in the manner provided by the tables to the same
extent as if the tables were included in the text of this Act.
Language is included that provides for the establishment of a
baseline for application of reprogramming and transfer authorities
for fiscal year 2021.
Language is included that provides for limitations on the use and
transfer of working capital fund cash balances.
Language is included that prohibits the use of funds appro-
priated by this Act to initiate a special access program without
prior notification to the congressional defense committees.
Language is included that provides limitations and conditions on
the use of funds provided in this Act to initiate multi-year procure-
ment contracts.
Language is included that provides for the use and obligation of
funds for humanitarian and civic assistance costs.
Language is included that provides that civilian personnel of the
Department of Defense may not be managed on the basis of end
strength or be subject to end strength limitations and sets forth
certain requirements related to end strength for the budget sub-
mission.
Language is included that prohibits funds made available in this
Act from being used to influence congressional action on matters
pending before the Congress.
Language is included that prohibits the use of funds to pay com-
pensation to any member of the Army participating as a full-time
student and receiving benefits from the Education Benefits Fund
when time spent as a full-time student is counted toward that
member’s service commitment, with certain exceptions.
Language is included that provides for the transfer of funds ap-
propriated in title III of this Act for the Department of Defense
Pilot Mentor-Protégé Program.
Language is included that provides for the Department of De-
fense to purchase anchor and mooring chains manufactured only in
the United States.
Language is included that provides that no funds made available
in this Act shall be used for the support of any nonappropriated
funds activity of the Department of Defense that procures malt
beverages and wine.
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Language is included that prohibits the use of funds made avail-
able to the Department of Defense to demilitarize or destroy sur-
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405
plus firearms or small arms ammunition except under certain cir-
cumstances.
Language is included that provides a limitation on the use of
funds for the relocation of any Department of Defense entity into
or within the National Capital Region.
Language is included that provides for incentive payments au-
thorized by section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544).
Language is included that provides that no funds made available
by this Act for the Defense Media Activity may be used for national
or international political or psychological activities.
Language is included that provides for the obligation of funds for
purposes specified in section 2350j(c) of title 10, United States
Code, in anticipation of receipt of contributions from the Govern-
ment of Kuwait.
Language is included that requires notification of the receipt of
contributions from foreign governments.
Language is included that provides funding for the Civil Air Pa-
trol Corporation.
Language is included that prohibits funding from being used to
establish new Department of Defense Federally Funded Research
and Development Centers (FFRDC), with certain limitations, and
increases funding provided for FFRDCs.
Language is included that provides for the Department of De-
fense to procure carbon, alloy, or armor steel plate melted and
rolled only in the United States or Canada.
Language is included that defines congressional defense commit-
tees for the purposes of this Act.
Language is included that provides for competitions between pri-
vate firms and Department of Defense Depot Maintenance Activi-
ties for modification, depot maintenance, and repair of aircraft, ve-
hicles, and vessels, as well as the production of components and
other Defense-related articles.
Language is included that provides for revocation of blanket
waivers of the Buy America Act upon a finding that a country has
violated a reciprocal trade agreement by discriminating against
products produced in the United States that are covered by the
agreement.
Language is included that provides for the availability of funds
for the Department of Defense Overseas Military Facility Invest-
ment Recovery Account established by section 2921(c)(1) of the
1991 National Defense Authorization Act.
Language is included that provides for the conveyance, without
consideration, of excess relocatable housing units located at Grand
Forks, Malmstrom, Mountain Home, Ellsworth, and Minot Air
Force Bases to Indian tribes.
Language is included that provides for the availability of oper-
ation and maintenance appropriations to purchase items having an
investment item unit cost of not more than $250,000.
Language is included that provides authority to use operation
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and maintenance appropriations for the Asia Pacific Regional Ini-
tiative Program.
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406
Language is included that provides for the issuance of regula-
tions placing certain limitations on the sale of tobacco products in
military resale outlets.
Language is included that limits the purchase of specified invest-
ment items with Working Capital Funds.
Language is included that provides that none of the funds appro-
priated for the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year except for funds appro-
priated for the Reserve for Contingencies, the Central Services
Working Capital Fund, or other certain programs authorized under
section 503 of the National Security Act of 1947.
Language is included that provides that not less than
$12,000,000 appropriated under the heading ‘‘Operation and Main-
tenance, Defense-Wide’’ shall be for mitigation of environmental
impacts on Indian lands resulting from Department of Defense ac-
tivities.
Language is included that provides for the Department of De-
fense to comply with the Buy American Act (chapter 83 of title 41,
United States Code).
Language is included that limits the use of funds made available
in this Act to establish or support field operating agencies.
Language is included that limits the use of funds appropriated
by this Act for the conversion of an activity or function of the De-
partment of Defense to contractor performance.
Language is included in title VIII and title IX that provides for
the rescission of previously appropriated funds.
Language is included that prohibits the use of funds made avail-
able in this Act from being used to reduce authorized positions for
military technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve, and Air Force Reserve unless such
reductions are a direct result of a reduction in military force struc-
ture.
Language is included that prohibits the use of funds made avail-
able in this Act for assistance to the Democratic People’s Republic
of Korea unless specifically appropriated for that purpose.
Language is included that provides for the use of operation and
maintenance funds appropriated in this Act for reimbursement to
the National Guard and reserve when members of the National
Guard and reserve provide intelligence or counterintelligence sup-
port to the Combatant Commands, Defense Agencies, and Joint In-
telligence Activities.
Language is included that provides that funds made available to
the Department of Defense and Central Intelligence Agency for
drug interdiction and counter-drug activities may not be trans-
ferred to other agencies.
Language is included that prohibits the use of funds appro-
priated by this Act for the procurement of ball and roller bearings
other than those produced by a domestic source and of domestic or-
igin.
Language is included to provide funding to make grants to speci-
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fied entities upon determination by the Secretary of Defense that
such grants serve the national interest.
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407
Language is included that provides for the Department of De-
fense to purchase supercomputers manufactured only in the United
States with an exception for certain circumstances.
Language is included to allow for Small Business Innovation Re-
search program and Small Business Technology Transfer program
setasides.
Language is included that prohibits the use of funds made avail-
able in this Act to pay contractor bonuses arising from a business
restructuring.
Language is included that provides for the transfer of funds to
be used in support of personnel supporting approved organizations
and activities outside the Department of Defense.
Language is included that provides for the Department of De-
fense to dispose of negative unliquidated or unexpended balances
for expired or closed accounts.
Language is included that provides conditions for the use of
equipment of the National Guard Distance Learning Project on a
spaceavailable, reimbursable basis.
Language is included that provides for the use of funds made
available under the heading ‘‘Operation and Maintenance, Defense-
Wide’’ for high priority Sexual Assault Prevention and Response
program requirements, including the transfer of funds.
Language is included that provides a limitation on the use of
funds appropriated in title IV to procure end-items for delivery to
military forces for operational training, operational use, or inven-
tory requirements.
Language is included that provides for a waiver by the Secretary
of Defense of ‘‘Buy America’’ provisions for certain cooperative pro-
grams.
Language is included that prohibits the use of funds made avail-
able in this Act for repairs or maintenance to military family hous-
ing units, for which funds are provided in other appropriations
acts.
Language is included that provides that funds for new starts for
advanced concept technology demonstration projects may be obli-
gated or expended only after notification to the congressional de-
fense committees.
Language is included that provides that the Secretary of Defense
shall continue to provide a classified quarterly report on certain
matters as directed in the classified annex accompanying this Act.
Language is included that provides for the use of National Guard
personnel to support ground-based elements of the National Bal-
listic Missile Defense System.
Language is included that prohibits the use of funds provided in
this Act to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire cartridge
and is designated as ‘‘armor piercing’’ except for demilitarization
purposes.
Language is included that provides for a waiver by the Chief of
the National Guard Bureau or his designee for all or part of consid-
eration in cases of personal property leases of one year or less to
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certain organizations specified by section 508(d) of title 32, United
States Code.
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408
Language is included that provides for the transfer of funds
made available in this Act under the heading ‘‘Operation and Main-
tenance, Army’’ to other activities of the Federal Government for
certain purposes.
Language is included that prohibits the modification of the ap-
propriations account structure or presentation of the budget re-
quest for the National Intelligence Program, or modification of the
process by which National Intelligence Program appropriations are
apportioned, allotted, obligated, and disbursed.
Language is included that provides grant authority for the con-
struction and furnishing of additional Fisher Houses to meet the
needs of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
Language is included that provides for the transfer of funds
made available in this Act under Operation and Maintenance,
Navy to the John C. Stennis Center for Public Service Development
Trust Fund.
Language is included that prohibits the modification of command
and control relationships to give Fleet Forces Command oper-
ational and administrative control of United States Navy forces as-
signed to the Pacific fleet.
Language is included that requires notification for the rapid ac-
quisition and deployment of supplies and associated support serv-
ices to be submitted to congressional defense committees.
Language is included that provides funding and transfer author-
ity for the Israeli Cooperative missile defense programs.
Language is included that provides for the availability and trans-
fer of funds to properly complete prior year shipbuilding programs.
Language is included that provides that funds made available by
this Act are deemed to be specifically authorized by Congress for
purposes of section 504 of the National Security Act of 1947 until
enactment of the Intelligence Authorization Act.
Language is included that prohibits the use of funds provided in
this Act to initiate a new start program without prior written noti-
fication.
Language is included that provides that the budget of the Presi-
dent for fiscal year 2022 shall include separate budget justification
documents for costs of the United States Armed Forces’ participa-
tion in contingency operations that contain certain budget exhibits
as defined in the Department of Defense Financial Management
Regulation.
Language is included that prohibits the use of funds made avail-
able in this Act for the research, development, test, evaluation, pro-
curement, or deployment of nuclear armed interceptors of a missile
defense system.
Language is included that provides for prompt notification of the
use of funds for rapid acquisition and deployment of supplies and
support services.
Language is included that prohibits the use of funds made avail-
able in this Act to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve.
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Language is included that prohibits the use of funds made avail-
able in this Act for the integration of foreign intelligence informa-
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409
tion unless the information has been lawfully collected and proc-
essed during conduct of authorized foreign intelligence activities.
Language is included that prohibits the transfer of program au-
thorities related to tactical unmanned aerial vehicles from the
Army.
Language is included that limits the obligation authority of funds
provided for the Office of the Director of National Intelligence to
the current fiscal year except for research and technology which
shall remain available for the current and the following fiscal
years.
Language is included that provides for the adjustment of obliga-
tions within the ‘‘Shipbuilding and Conversion, Navy’’ appropria-
tion.
Language is included that provides for the establishment of a
baseline for application of reprogramming and transfer authorities
for the Office of the Director of National Intelligence for the cur-
rent fiscal year.
Language is included that requires notification to the congres-
sional defense committees prior to the use of funds for support to
foreign countries in connection with the conduct of certain oper-
ations.
Language is included that requires certain transfers of funds
from the Defense Acquisition Workforce Development Account be
made in accordance with reprogramming and transfer procedures.
Language is included that prohibits the use of funds made avail-
able by this Act for excess defense articles, assistance, or peace-
keeping operations for countries designated to be in violation of the
standards of the Child Soldiers Prevention Act of 2008.
Language is included that sets forth reprogramming and transfer
procedures for the National Intelligence Program.
Language is included that defines the congressional intelligence
committees for the purposes of this Act.
Language is included that provides that funds from certain oper-
ation and maintenance accounts may be transferred to a central
fund established for Fisher Houses and Suites pursuant to section
2493(d) of title 10, United States Code.
Language is included that prohibits funds appropriated by this
Act from being used to make remittances to the Defense Acquisi-
tion Workforce Development Account.
Language is included that provides that agencies post congres-
sionally directed reports on a public website.
Language is included that provides limitations on the award of
contracts to contractors that require mandatory arbitration for cer-
tain claims as a condition of employment or a contractual relation-
ship. The Secretary of Defense is authorized to waive the applica-
bility of these limitations for national security interests.
Language is included that provides for the availability and trans-
fer of funds for the Joint Department of Defense–Department of
Veterans Affairs Medical Facility Demonstration Fund.
Language is included that prohibits the use of funds in con-
travention of section 130h of title 10, United States Code.
Language is included that provides for the purchase of heavy and
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light armored vehicles for physical security or force protection pur-
poses.
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Language is included that provides transfer authority for the Di-
rector of National Intelligence for the National Intelligence Pro-
gram subject to certain limitations.
Language is included that prohibits the use of funds in con-
travention of the War Powers Resolution (50 U.S.C. 1541).
Language is included that prohibits the Department of Defense
from entering into certain agreements with Rosoboronexport with
certain waiver authorities.
Language is included that prohibits the use of funds for the pur-
chase or manufacture of a United States flag unless such flag is
treated as a covered item under section 2533a(b) of title 10, United
States Code.
Language is included that requires grant awards to be posted on
a public website in a searchable format.
Language is included that places restrictions on transfer
amounts available in the Rapid Prototyping Fund.
Language is included that prohibits the use of funds by the Na-
tional Security Agency for certain activities.
Language is included that prohibits the use of funds made avail-
able in this or any other Act to pay the salary of any officer or em-
ployee who approves or implements the transfer of certain adminis-
trative responsibilities or budgetary resources unless expressly pro-
vided for in Defense Appropriations Acts.
Language is included that makes available certain funds pro-
vided under the heading ‘‘Operation and Maintenance, Navy’’ may
be used for any purposes related to the National Defense Reserve
Fleet.
Language is included that prohibits the use of funds to provide
counterterrorism support to foreign partners unless the congres-
sional defense committees are notified accordingly.
Language is included that prohibits the use of funds to award a
new TAO Fleet Oiler or FFG Frigate program contract for the ac-
quisition of certain components unless those components are manu-
factured in the United States.
Language is included that prohibits certain transfers from the
Department of Defense Acquisition Workforce Development Ac-
count.
Language is included that prohibits the use of funds made avail-
able by this Act to pay Government Travel Charge Card expenses
for gaming or certain entertainment activities.
Language is included that prohibits funding for computer net-
works that do not block pornography, subject to certain law en-
forcement and national defense exceptions.
Language is included that prohibits funds to deliver F–35 air-
craft to the Republic of Turkey.
Language is included that prohibits the transfer of Department
of Defense funds for certain purposes except in accordance with re-
programming and transfer procedures.
Language is included that provides additional funds for purposes
of repairing schools on military installations subject to certain re-
quirements.
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Language is included that changes certain time limitations on
embryo cryopreservation and storage.
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Language is included that places restrictions on the use of fund-
ing for military parades.
Language is included that provides for the use of funds to modify
two F–35 Joint Strike Fighters per variant to a test configuration.
Language is included that allows certain funds to be obligated to
make death gratuity payments if appropriations for ‘‘Military Per-
sonnel’’ are not available for obligation of such payments.
Language is included that prohibits funds in the Act from being
used to enter into a contract or provide a loan to any corporation
that has any unpaid Federal tax liability.
Language is included that provides that any advance billing for
background investigation services and related services purchased
from activities financed using the Defense Working Capital Fund
shall be excluded from the calculation of cumulative advance bil-
lings.
Language is included that prohibits funds from being used to
transfer the National Reconnaissance Office to the Space Force.
Language is included that requires the Secretary of Defense to
make a certification prior to the transfer of any element to the
Space Force.
Language is included that provides funds appropriated under
military personnel accounts may be used for expenses for members
of the Space Force.
Language is included that requires the Director of the Defense
Security Cooperation Agency to submit a spend plan.
Language is included that reduces funding due to favorable for-
eign exchange rates.
Language is included that reduces funding due to favorable fuel
costs.
Language is included that prohibits funds from being used to ex-
clude or implement the exclusion of the Department of Defense
from cover under the Federal Service Labor Management Relations
Statute.
Language is included that requires the Secretary of Defense to
provide information and documents regarding the December 1981
massacre in El Mozote.
Language is included that provides funds for agile development,
test and evaluation, procurement, production and modification, and
the operation and maintenance for certain software pilot programs.
Language is included that requires the Secretary of Defense to
report on deployed personnel by each geographic combatant com-
mand.
Language is included that requires the Secretary of Defense to
provide notification before the deployment of security force assist-
ance brigades.
Language is included that provides funds for the purposes of
public healthcare professionals and public health laboratory staff,
laboratory and medical equipment, and medical supplies.
Language is included that prohibits funds for the development
and design of certain future naval ships unless any contract speci-
fies that all hull, mechanical, and electrical components are manu-
factured in the United States.
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Language is included that prohibits funds for the decommis-
sioning of any Littoral Combat Ships.
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Language is included that requires the Secretary of Defense pro-
vide notification of deployments of armed forces to locations outside
the United States.
Language is included that requires any personal property pro-
vided by the Department of Defense to State or local entities must
follow the direction outlined in the ‘‘Recommendations Pursuant to
Executive Order 13688, Federal Support for Local Law Enforce-
ment Equipment Acquisition’’, dated May 2015.
Language is included that prohibits the use of funds to conduct,
or prepare to conduct, any explosive nuclear weapons test that pro-
duces any yield. This section does not limit science-based stockpile
stewardship activities consistent with the zero-yield standard or re-
quirements under other provisions of law, such as sections 2523
and 2525 of title 50, United States Code.
Language is included that prohibits funds to construct a wall,
fence, border barriers, or border security infrastructure along the
southern land border of the United States.
Language is included that requires funds provided for the De-
partment of Defense for fiscal year 2020 that were transferred by
the Department and remain unobligated be returned to the original
accounts.
Language is included that limits the use of active armed forces
on the southern border unless the costs are reimbursed by the re-
questing agency.
Language is included that provides $50,000,000 for a new pro-
gram that will assist communities that surround military installa-
tions with excessive decibel noise caused by military aircraft.
Language is included that prohibits the use of funds to provide
guidance on, review, prepare, approve, or recommend budget re-
quest funding levels or initiatives for the Department of Energy.
Language is included that provides funding for renaming Army
installations, facilities, roads, and streets named after confederate
leaders and officers.
Language is included under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’ that provides for the use of funds for certain
purposes subject to certain requirements and requires the submis-
sion of certain reports.
Language is included under the heading ‘‘Afghanistan Security
Forces Fund’’ that provides for the use of funds for certain pur-
poses and the management of contributions and returned items.
Language is included under the heading ‘‘Counter-ISIS Train
and Equip Fund’’ that provides for the use of funds for certain pur-
poses, compliance with vetting standards, management of contribu-
tions, and the submission of certain reports.
Language is included that provides that funds made available in
title IX are in addition to amounts appropriated or otherwise made
available for the Department of Defense for the current fiscal year.
Language is included that provides for general transfer authority
within title IX.
Language is included that provides that supervision and admin-
istration costs associated with a construction project funded with
appropriations available for operation and maintenance or the Af-
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ghanistan Security Forces Fund may be obligated at the time a
construction contract is awarded.
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413
Language is included that provides for the availability of funds
to purchase passenger, heavy, and light armored vehicles notwith-
standing price or other limitations on the purchase of passenger
carrying vehicles for use in the U.S. Central Command area of re-
sponsibility.
Language is included that provides funds and authority for the
Commanders’ Emergency Response Program and establishes cer-
tain reporting requirements.
Language is included that authorizes the use of funds to provide
certain assistance to coalition forces supporting military and sta-
bility operations in Iraq and Afghanistan and to counter the Is-
lamic State of Iraq and the Syria; and establishes certain reporting
requirements.
Language is included that prohibits the use of funds to establish
permanent bases in Iraq or Afghanistan or United States control
over Iraq or Syria oil resources.
Language is included that prohibits the use of funds in con-
travention of certain laws or regulations promulgated to implement
the United Nations Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
Language is included that places limitations on the use of Af-
ghanistan Security Forces Funds and requires certain certifi-
cations.
Language is included that provides for the availability of funds
appropriated in title IX of this Act for the purchase of items having
an investment unit cost of up to $500,000, subject to certain condi-
tions.
Language is included that provides for up to $500,000,000 of
funds appropriated by this Act under the heading ‘‘Operation and
Maintenance, Defense-Wide’’ to be used for assistance to the Gov-
ernment of Jordan for certain purposes.
Language is included prohibiting the use of funds made available
by this Act under certain headings to procure or transfer man-port-
able air defense systems.
Language is included that provides for $275,000,000 for assist-
ance to the military and national security forces of Ukraine for cer-
tain purposes and under certain conditions.
Language is included providing for the availability of funds ap-
propriated in title IX for replacement of items provided to the Gov-
ernment of Ukraine from the inventory of the United States to the
extent provided for in this Act.
Language is included that prohibits the use of funds to provide
arms, training, or other assistance to the Azov Battalion.
Language is included that provides for the transfer of excess
equipment to foreign forces receiving equipment through the
Counter-ISIS Train and Equip Fund.
Language is included that restricts funds provided for reimburse-
ment to the Government of Pakistan for border security operations
until certain conditions are met.
Language is included that prohibits the use of funds with respect
to Iraq in contravention of the War Powers Resolution.
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Language is included that prohibits the use of funds with respect
to Syria in contravention of the War Powers Resolution.
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414
Language is included that prohibits the transfer of additional C–
130 cargo aircraft to the Afghanistan National Security Forces or
Afghanistan Air Force.
Language is included that requires the Secretary of Defense to
certify the use of funds in the Afghanistan Security Forces Fund
under certain conditions.
Language is included that restricts funds provided in this Act for
any member of the Taliban.
Language is included that provides that nothing in this Act may
be construed as authorizing the use of force against Iran.
Language is included that requires the Secretary to provide a no-
tification when a foreign bases is open or closed.
Language is included that provides for additional funds and
transfer authority to improve the intelligence, surveillance, and re-
connaissance capabilities of the Department of Defense, subject to
reporting requirements.
Language is included that rescinds certain funds made available
in prior years in title IX.
Language is included that provides that amounts designed in
this Act as Overseas Contingency Operations/Global War on Ter-
rorism shall be available only if the President subsequently so des-
ignates all such amounts and transmits such designations to the
Congress.
Language is included that repeals the Authorization for Use of
Military Force 240 days after the date of enactment of this Act.
Language is included that repeals the Authorization for Use of
Military Force Against Iraq Resolution of 2002.
Language is included that prohibits funds in the Act for any use
of military force in or against Iran, with certain exceptions.
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416
COMPARISON WITH THE BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget Act requires the
report accompanying a bill providing new budget authority to con-
tain a statement comparing the levels in the bill to the suballoca-
tions submitted under section 302(b) of the Act for the most re-
cently agreed to concurrent resolution on the budget for the appli-
cable fiscal year.
[In millions of dollars]
302(b) Allocation
Budget Budget
Outlays Outlays
Authority Authority
Comparison of amounts in the bill with Committee alloca-
tions to its subcommittees: Subcommittee on Defense
Discretionary ........................................................................... 626,190 646,172 1 694,625 685,207
Mandatory ............................................................................... 514 514 1 514 514
1 Includes outlays from prior-year budget authority.
NOTE.—Consistent with the funding recommended in the bill for overseas contingency operations/global war on terrorism, in accordance
with section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, and after the bill is reported to the House, the
Chairman of the Committee on the Budget will provide a revised section 302(a) allocation reflecting an additional $XX,XXX million in discre-
tionary budget authority and $XX,XXX million in associated outlays. That new allocation will eliminate the technical difference prior to Floor
consideration.
In addition, the amounts in this report do not include $3,942 million in discretionary outlays from funding provided by the Families First
Coronavirus Response Act (Public Law 116–127) and the CARES Act (Public Law 116–136), that was designated as being for emergency re-
quirements pursuant to section 251 of the Balanced Budget Balanced Budget and Emergency Deficit Control Act of 1985. Consistent with the
Congressional Budget Act of 1974, in the House of Representatives such amounts do not count against the Committee’s allocation.
FIVE-YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the Congressional
Budget and Impoundment Control Act of 1974 (Public Law 93–
344), as amended, the following table contains five-year projections
associated with the budget authority provided in the accompanying
bill.
[In millions of dollars]
Outlays
Projection of outlays associated with the recommendation:
2021 ................................................................................................................................................................ 1 416,516
2022 ................................................................................................................................................................ 167,019
2023 ................................................................................................................................................................ 52,985
2024 ................................................................................................................................................................ 27,350
2025 and future years .................................................................................................................................... 19,918
1 Excludes outlays from prior-year budget authority.
FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the Congressional
Budget and Impoundment Act of 1974 (Public Law 93–344), as
amended, no new budget or outlays are provided by the accom-
panying bill for financial assistance to State and local governments.
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a program of
the Federal Government known to be duplicative of another Fed-
eral program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to section
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21 of Public Law 111–139, or a program related to a program iden-
tified in the most recent Catalog of Federal Domestic Assistance.
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417
COMMITTEE HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116thCongress—
The following hearings were used to develop or consider the De-
partments of Defense Appropriations Act, 2021:
The Subcommittee on Defense held a closed oversight hearing on
February 6, 2020, entitled ‘‘U.S. Strategic Command.’’ The Sub-
committee received testimony from:
Admiral Charles A. Richard, Commander, United States Stra-
tegic Command
The Subcommittee on Defense held a closed oversight hearing on
February 27, 2020, entitled ‘‘U.S. European Command.’’ The Sub-
committee received testimony from:
General Tod D. Wolters, General, United States Air Force, U.S.
European Command and NATO Supreme Allied Commander
The Subcommittee on Defense held a closed oversight hearing on
February 27, 2020, entitled ‘‘World-Wide Threat.’’ The Sub-
committee received testimony from:
Lieutenant General Robert P. Ashley, Jr., Director, Defense In-
telligence Agency
The Honorable Joseph D. Kernan, Under Secretary of Defense for
Intelligence and Security, Office of the Under Secretary of Defense
for Intelligence and Security
The Subcommittee on Defense held an oversight hearing on
March 3, 2020, entitled ‘‘National Guard/Reserves.’’ The Sub-
committee received testimony from:
Lieutenant General David G. Bellon, Commander, Marine Forces
Reserve
General Joseph L. Lengyel, Chief, National Guard Bureau
General Joseph L. Luckey, Chief, Army Reserve
Vice Admiral Luke McCollum, Chief, Navy Reserve
Lieutenant General Richard W. Scobee, Chief, Air Force Reserve
The Subcommittee on Defense held an oversight hearing on
March 4, 2020, entitled ‘‘U.S. Navy/Marine Corps Budget Request
for FY2021.’’ The Subcommittee received testimony from:
General David H. Berger, Commandant, United States Marine
Corps.
Admiral Michael M. Gilday, Chief, Naval Operations
Thomas B. Modly, Acting Secretary, United States Navy
The Subcommittee on Defense held an oversight hearing on
March 4, 2020, entitled ‘‘U.S. Space Force Organizational Plan’’
The Subcommittee received testimony from:
Major General Clinton E. Crosier, Director, Space Force Plan-
ning, Office of the Chief of Space Operations
Lieutenant General David D. Thompson, Vice Commander,
United States Space Force
The Subcommittee on Defense held an oversight hearing on
March 5, 2020, entitled ‘‘Defense Health Program.’’ The Sub-
committee received testimony from:
Lieutenant General R. Scott Dingle, Surgeon General, United
States Army
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Rear Admiral Bruce L. Gillingham, Surgeon General, United
States Navy
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Lieutenant General Dorothy A. Hogg, Surgeon General, United
States Air Force
Mr. Thomas McCaffery, Assistant Secretary of Defense for
Health Affairs
Lieutenant General Ronald J. Place, Director, Defense Health
Agency
Mr. Bill Tinston, Program Executive Officer, Defense Healthcare
Management Systems
The Subcommittee on Defense held a closed oversight hearing on
March 10, 2020, entitled ‘‘U.S. Southern Command.’’ The Sub-
committee received testimony from:
Admiral Craig S. Faller, Commander, United States Southern
Command
The Subcommittee on Defense held an oversight hearing on
March 10, 2020, entitled ‘‘U.S. Army Budget Request for FY2021.’’
The Subcommittee received testimony from:
Ryan McCarthy, Secretary, United States Army
General James McConville, Chief of Staff, United States Army
The Subcommittee on Defense held a closed oversight hearing on
March 11, 2020 entitled ‘‘U.S. Central Command.’’ The Sub-
committee received testimony from:
General Kenneth F. McKenzie, Jr., Commander, United States
Central Command
The Subcommittee on Defense held a closed oversight hearing on
March 11, 2020 entitled ‘‘U.S. Africa Command.’’ The Sub-
committee received testimony from:
General Stephen J. Townsend, Commander, United States Africa
Command
The Subcommittee on Defense held an oversight hearing on
March 12, 2020, entitled ‘‘Member Day.’’ The Subcommittee re-
ceived testimony from:
The Honorable Rodger Williams, Member of Congress
The Honorable George McGovern, Member of Congress
The Honorable Scott Perry, Member of Congress
The Honorable French Hill, Member of Congress
The Honorable Richard Hudson, Member of Congress
The Honorable Brian Fitzpatrick, Member of Congress
The Honorable Tom Suozzi, Member of Congress
The Honorable Glen (GT) Thompson, Member of Congress
The Honorable Jodey Arrington, Member of Congress
The Honorable Sheila Jackson Lee, Member of Congress
The Honorable Jenniffer González-Colón, Member of Congress
The Honorable Brad Wenstrup, Member of Congress
The Honorable Denny Heck, Member of Congress
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MINORITY VIEWS
We appreciate the collegial and collaborative efforts of Full Com-
mittee Chairwoman Lowey and Subcommittee Chairman Visclosky
in producing the fiscal year 2021 Defense Appropriations bill. The
bill includes many bipartisan priorities that support our Nation’s
defense, which is one of the most fundamental and important re-
sponsibilities enumerated in the Constitution.
The bill provides funding for many key programs that are essen-
tial to our security, consistent with the National Defense Strategy
and its focus on great power competition with China and Russia.
The bill will enhance our national security capabilities by funding
procurement for critical platforms while also continuing to invest
in research and development of new technologies essential to main-
taining U.S. military superiority.
We appreciate that the Chairman has prioritized the healthcare
and quality of life of our service members. These issues have a sig-
nificant impact on our military’s readiness. We are also pleased to
see strong and steady support for our partners and allies, including
Israel and Jordan.
The impact of the COVID–19 Pandemic has been felt throughout
the Department of Defense (DOD). We are very concerned about
the impact of the pandemic on our second, third and fourth tier de-
fense suppliers. We appreciate the Chairman including funds to
help mitigate that damage to these suppliers. Their work is vital
to our national security and we must do everything within our
power to protect these jobs.
Unfortunately, we are not able to support this bill as currently
drafted. There are provisions in the bill that will prevent it from
becoming law. We cannot overstate the importance of getting this
bill signed into law by the end of this fiscal year. According to esti-
mates from the DOD Office of the Comptroller, a Continuing Reso-
lution wastes roughly $1.7 billion a month through the inability to
sign contracts, delays in production, and other downstream effects.
We object to the language prohibiting funds to construct a wall,
fence, border barriers, or border security infrastructure along the
southern land border of the United States. This funding is essential
to impeding the flow of both people and drugs across the border.
We also object to language preventing the use of the National
Guard at the border unless the Department of Homeland Security
reimburses DOD. These prohibitions place dangerous restrictions
on the DOD’s responsibility and authorities. It is short-sighted to
take away DOD’s ability to provide assistance and expertise to
other agencies when our national security is at risk.
We object to the language that repeals the 2001 Authorization
for Use of Military Force (AUMF) 240 days after enactment; imme-
diately repeals the 2002 AUMF; and prohibits funding for any use
of military force in or against Iran unless Congress has declared
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war, a new AUMF is enacted, or a ‘‘national emergency’’ is created
by an attack upon the United States. The first two provisions re-
peal essential counterterrorism authorities and would be deeply
harmful. The United States has, and must safeguard, our right to
defend ourselves and our allies from Iranian hostility. This provi-
sion simply emboldens Iran and its proxies.
Unfortunately, the Majority rejected Republican amendments of-
fered in the Committee, which if passed, would have significantly
improved the bill by: prohibiting Federal tax dollars from being
provided to an abortion provider if, in the case of an abortion or
attempted abortion that results in a child born alive, a health care
practitioner does not act to preserve the life of the child; and strik-
ing the language prohibiting DOD’s ability to transfer excess prop-
erty to state and local law enforcement agencies. We are also dis-
appointed that the Majority chose not to support an amendment
that would have added back four long-standing provisions related
to the terrorists located at the Guantanamo Bay detention camp.
The amendment would have prevented Khalid Sheikh Mohammed
or any other detainee from being brought to the United States; pre-
vented detainees from being transferred to their home country or
any other country in accordance with previous National Defense
Authorization Act provisions; prevented any facility in the United
States from being used to house these terrorists; and prevented the
closure of the Guantanamo Bay detention camp.
Despite our disagreements over the issues discussed above, we
appreciate the Majority’s willingness to address Member priorities
in the bill and report. We will continue to work in good faith with
our colleagues as we proceed through the appropriations process in
order to produce a final bill that Congress can pass and President
Trump can sign into law.
KAY GRANGER.
KEN CALVERT.
Æ
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