[House Report 116-453]
[From the U.S. Government Publishing Office]
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
DEPARTMENT OF DEFENSE APPROPRIATIONS BILL, 2021
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
______
U.S. GOVERNMENT PUBLISHING OFFICE
40-847 WASHINGTON : 2020
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).
Reprogramming Guidance for Special Operations Command.......... 62
Operation and Maintenance Special Interest Items............... 62
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
Standardization............................................ 133
United States Court of Appeals for the Armed Forces............ 133
Environmental Restoration, Army................................ 133
Environmental Restoration, Navy................................ 133
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
Manufacturing.............................................. 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
Advanced Manufacturing Center of Excellence.................. 254
Dengue Vaccine Development................................... 254
Army Artificial Intelligence Innovation Institute............ 254
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
Reporting on Medical Readiness............................... 337
Metastatic Cancer Research................................... 338
Pancreatic Cancer Early Detection............................ 338
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 National 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
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 construction, military family housing, civil
defense, and military nuclear warheads, for which requirements
are considered in connection 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.
COMMITTEE BUDGET REVIEW PROCESS
During its review of the fiscal year 2021 budget request
and execution of appropriations for fiscal year 2020, the
Subcommittee on Defense held ten hearings and one formal
briefing during the period 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
Department of Defense funding is $694,624,692,000, which is an
increase 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 provide for the common defense of the Nation. The
Committee performed 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
Subcommittee. 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
identified programs where reductions are possible without
adversely affecting 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 savings, unjustified new programs
and cost increases, funds requested ahead of need for the year
of budget execution, projected or historical underexecution,
and rescissions of unneeded prior year funds.
The fiscal year 2021 request for the Department of Defense
increases 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 further these efforts.
However, the Committee recommendation also reflects the
importance of the people who may fight these new battles and
continue prosecuting existing missions.
The Committee recommendation includes funding for the three
percent military pay raise. In the fiscal year 2020 request,
the Committee was concerned by the reduction of funding in
quality of life areas such as such as childcare, and ultimately
increased funding for these programs in the enacted
legislation. Once again, the budget request proposes reductions
in funding for childcare, as well as reductions in funding for
teacher-student ratios for the Department of Defense Education
Agency. The Committee is dismayed by the contradiction of the
Department rhetorically supporting military families while
continuing to reduce funding for the very programs on which
they rely. Within the immense budget of the Department, 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 priorities 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 requests from the Department of
Defense for these activities. These funds, which were
explicitly appropriated by Congress for the procurement of
equipment for the Department of Defense, were redirected 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
purposes other than what the funding was appropriated for, the
Committee's skepticism about the Defense budget has grown.
Department 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 repeated requests for more
flexibility within the budget structure and reprogramming
authorities to increase the ability of the Department 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
presumption that a state of trust and comity exists between the
legislative and executive branches regarding the proper use of
appropriated funds. This presumption presently is false.
In a continuing effort to circumvent the budget caps in the
Budget Control Act, the Overseas Contingency Operations (OCO)
request 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 fiscal 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 Afghanistan combined with more
training exercises and less contingencies, activities funded in
the past by OCO could very well be supported within base
accounts in the future. For these reasons, the Committee
believes that the Department should cease requesting funding
for the OCO accounts following this fiscal year. The
traditional manner of funding contingency operations through
supplementals should return. The OCO experiment has been an
abject 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
restructuring 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 regard 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 common 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
actions over the past two years to fund the border wall, the
contravention of the constitutional authority of the United
States Congress 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 Balanced 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 activity'' 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 reprogramming guidance for acquisition accounts as
specified in the report accompanying the House version of the
Department of Defense Appropriations bill for Fiscal Year 2008
(House Report 110-279). 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 directed 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 Appropriations Act, 2006. The Department
shall continue to follow the limitation that prior approval
reprogrammings are set at either the specified 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,
development, 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 addition, 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
appropriation account shall be provided only for the specific
purposes indicated 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
increases to fund overhead costs within the Department of
Defense. Increased program funding inherently requires an
enhanced level of contracting, program management, and
engineering costs. However, the Committee is dismayed that
upwards of forty to fifty percent of certain congressional
program increases have been applied towards full-time
equivalents (FTE) and contracting costs to manage relatively
small program increases. In some cases, the Committee has
become aware of instances when FTE costs are charged to a
congressional program increase when it is evident that those
FTE do not work solely on that program, nor does the program
require the level of FTE proposed by the Department.
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 approved by the Committee. Therefore, the Committee
directs the Secretary of Defense to limit Department overhead
costs on congressional program increases to not more than 10
percent of the funding level provided. The Service Secretaries
and the Under Secretary of Defense (Acquisition and
Sustainment) may waive this requirement 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 interests. 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 appropriated funds by the current
Administration; the Congress, exercising its constitutional
responsibility to oversee the Executive Branch, must improve
its understanding of the Department's application of transfer
authority and reprogramming actions as the Department executes
the budget authority granted it by the Congress.
The Committee directs 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 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 fiscal year for the last ten fiscal years. In
addition to the overall levels of appropriated GTA and STA, the
report shall include the portion of authorized GTA and STA that
was utilized by the Department 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 appropriated but was merely moving the funding to better
reflect and obligate 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,
transferred to, and subsequently implemented by a Department or
agency 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 as the unanticipated mobilization and
movement of military personnel to a conflict zone, or
investments included in joint urgent operational needs
statements), or for life safety; and
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 purchase in future years, and/
or to augment previously planned research and development
efforts.
CLASSIFIED ANNEX
Adjustments to the classified programs are addressed in the
classified 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 enacted 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 increase of $72,505,000 above the budget request, and a
decrease of $2,712,414,000 below the fiscal year 2020 enacted
level. The recommended 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
National Guard;
$1,164,152,000 for the Stryker combat vehicle including
$375,000,000 above the request to upgrade an additional 105
vehicles;
$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
Hornet 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;
$791,140,000 for the procurement of five E-2D Advanced
Hawkeye aircraft, an increase of one aircraft and $165,031,000
above the President's request;
$1,142,732,000 for the procurement of 11 V-22 aircraft, an
increase of two aircraft and $207,939,000 above the President's
request;
$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
helicopters; $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 request: 10 short take-off and vertical landing
variants for the Marine 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,
including 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 President'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 request;
$2,707,380,000 for the procurement of 15 KC-46 tanker
aircraft;
$1,083,909,000 for the procurement of 19 combat rescue
helicopters;
$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
System 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
helicopter;
$1,717,223,000 for the continued development of the F-35
Lightning Joint Strike Fighter aircraft;
$2,848,410,000 for the continued development of the B-21
bomber;
$800,889,000 for the development of a Presidential Aircraft
Replacement;
$513,501,000 for the design, build, and test of prototypes
for the Army's Future Attack Reconnaissance Aircraft;
$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
Infrared 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
requirements 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
clearances to work in the cyber environment and encourages the
Secretary of Defense to find innovative solutions to increase
the civilian cyber workforce. The Committee believes that the
Department of Defense should collaborate with colleges and
universities to recruit college students during their junior or
senior years, with the intent that upon graduation the student
will have a completed security clearance.
The Committee notes the Secretary of Defense is required to
submit a report on Department-wide efforts to increase
recruitment of cyber-focused individuals and to increase the
throughput of security 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 provide an interim report by the end
of September 2020. The Committee 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 timeliness 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 committees within three days after such
deployments. The language pertains to ``significant''
deployments; in this case, significant is defined as
deployments of 100 personnel or more. The Committee
recommendation includes language which allows for the report to
include 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
provided on the obligation and execution of these supplemental
funds and understands there may be additional costs to address
the pandemic 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 Defense 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, budget 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 execute
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
Department 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
included 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 estimates 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 capacity
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
concerned 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 appreciates the level of engagement on the
Department's efforts to respond to COVID-19, the Department's
planning and preparation for such a health emergency is of
concern. Despite having longstanding 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 assistance 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
instructions are published and updated for future health
emergencies.
It is also concerning that the Department continues to move
forward with the most significant medical restructuring of the
Military Health System in decades. Prior to the pandemic, the
Committee 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 civilians or contractors, and restores
$36,260,000 for the Department to 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 respond 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 components, 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 Development Authority to cooperatively
research areas of mutual interest to address public health
vulnerabilities, secure a national stockpile 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 Committee 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 classes of ships under development.
Absent stringent contract requirements 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 industrial base.
LITTORAL COMBAT SHIP DECOMMISSIONS
The Committee is concerned with the Navy's proposal to
decommission 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 position. 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 inventory. Therefore, the Committee
recommendation includes a provision which prohibits the use of
funds for the purpose of decommissioning 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 required in the Southern Command area of
responsibility. The Committee directs the Secretary of the Navy
to submit a report to the congressional defense committees not
later than 30 days after the enactment of this Act on what
upgrades would be required for these ships to effectively
conduct operations in the Southern Command area of
responsibility.
COMPLIANCE WITH CONGRESSIONALLY DIRECTED REPORTS
The Committee is concerned the Department of Defense
consistently 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 submit 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 fabrics, 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 personal 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 simplified 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 interests may be
submitted to the Under Secretary of Defense (Acquisition 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
Secretary 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 thereafter, which includes all Berry amendment waiver
requests submitted during the previous quarter and the
determination of each waiver request. The report shall include,
at a minimum, the Service 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 enactment of this Act to:
1) complete the renaming process of any military
installation (as defined in section 2801(c) of title
10, United States Code) or real property, that is
currently named after any person who served in the
political or military leadership of any armed rebellion
against the United States;
2) commence the renaming of each covered military
installation and covered defense property; and
3) provide a report to the congressional defense
committees 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 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 recommendations 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 individuals 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 renaming process, the advisory panels shall consist of
military leadership from covered military installations;
military leadership from military 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 military
museums, military historians, or relevant historians from the
impacted states and localities with relevant expertise; and
community 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 justice, to include training on the duty
of federal law enforcement officers 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
Committee 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 civilian entities, and the PFPA, to the extent that each
have not already done so, to develop policies and procedures to
submit their use of force data to the Federal Bureau of
Investigation (FBI)'s National Use of Force Data Collection
database. The Committee further 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 efforts to tabulate
and submit its use of force data to the FBI.
TITLE I
MILITARY PERSONNEL
The fiscal year 2021 Department of Defense military
personnel budget request totals $158,895,104,000. The Committee
recommendation provides $157,726,652,000 for the military
personnel accounts. The table below summarizes the Committee
recommendations:
MILITARY PERSONNEL OVERVIEW
The Committee recommendation provides $157,726,652,000 for
the military personnel accounts, which funds military pay and
allowances, recruitment and retention initiatives, and overall
quality of life programs for active duty, National Guard, and
reserve personnel. The recommendation provides increased basic
pay for all military personnel by 3 percent as authorized by
current law, effective January 1, 2021. The Committee continues
to encourage constructive evaluations of recruitment and
retention programs, bonus and special pay incentives, and
personnel benefit programs for fiscal year 2021. The Committee
remains supportive of programs intended to enhance the morale
and quality of life of military personnel 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 summarize 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..... - - -
SUMMARY OF MILITARY PERSONNEL END STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2021
Fiscal ---------------------------------------------------
year 2020 Change from Change from
authorized Budget Committee request fiscal year
Request Recommended 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
Reprogramming (DD Form 1414) for each of the fiscal year 2021
appropriations 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 submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval 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 funding 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 across the Services. To build a more diverse
organization, the Committee supports efforts to conduct
effective outreach and recruiting programs focused on
increasing officer accessions in minority communities 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
entertainment 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 provides consultation services to ensure an accurate
portrayal of diversity in the military. The Committee directs
the Secretary of Defense 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 including
but not limited to the directors, producers, and actors, as
well as the ``below-the-line'' workers like set designers,
camera operators, 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 important 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 Diversity, Equity, and
Inclusion of the Department of Defense as well as efforts to
identify existing gaps in protections for new and prospective
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 including 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 advanced trauma and
public health training with these civilian partners in order to
maintain unit readiness. The Committee also encourages the
development of enhanced medical and critical care preparedness
programs.
SEXUAL ASSAULT PREVENTION AND RESPONSE
The Committee is troubled by the ongoing epidemic of sexual
assault 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 annual report to Congress which provides
details on sexual assaults involving servicemembers. However,
the most recent report's findings make it clear that more
action by the Department is necessary to combat this widespread
problem. In addition to the annual report, the Committee
directs the Director of the Department of Defense 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 thereafter,
on the initiatives the Department is implementing to reform how
the military prevents, responds to, and adjudicates sexual
assault cases, as well as the efforts underway to develop
robust research, evaluation, and analytics to assess the
effectiveness of its prevention efforts.
The Committee recognizes SAPRO's efforts to implement a
comprehensive 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 Department 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 according 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
fiscal 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 systemic cultural problems associated with sexual assault
in the military and the Service academies.
The Department of Defense has failed to address the sexual
assault 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 referred to military
law enforcement. Neither option relieves the victim of fear of
reprisal or stigma, nor does it offer the victim much hope for
justice or recourse. Of the roughly 6,000 unrestricted reports
referred to command only 300 were prosecuted, according to the
report.
The Committee believes the current SAPRO reporting policy
fails servicemembers, diminishes military readiness, and harms
recruitment and retention efforts. The Committee directs the
Comptroller General to conduct a review of the Department's
policy for reporting sexual assault and its effectiveness in
protecting victims' privacy, 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 critical and successful that it was expanded to
serve survivors of domestic violence in the National Defense
Authorization Act for Fiscal Year 2020. Despite the inherent
importance of the Special Victims' 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
providing 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
Report, 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 members.
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 National 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
Office's (DSPO) hard work and dedication to advance holistic,
data-driven suicide prevention through its partnership with the
Services. However, the most recent report emphasizes the need
for a more dedicated response to address the troubling rise of
suicide among servicemembers. Despite statements by the
Secretary of Defense that the military, ``has the means and the
resources to get ahead of this and do better than our civilian
counterparts,'' the Department'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 suicide prevention programs.
In addition to the Annual Suicide Report, the Committee
directs the Director of the DSPO to brief the House and Senate
Appropriations 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 underway to develop robust
research, evaluation, and analytics to assess the effectiveness
of its prevention efforts.
Further, 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 monthly
thereafter, 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 program in fiscal year 2021:
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 program in fiscal year 2021:
CYBERSECURITY PROFESSIONALS
The Committee notes the importance of cybersecurity
programs for the advancement of cybersecurity professionals in
the Department of Defense. The Committee encourages the
Secretary of the Navy to work with higher education
institutions, including Historically Black Colleges and
Universities, Hispanic Serving Institutions, 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 following program in fiscal year 2021:
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:
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
program in fiscal year 2021:
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
program in fiscal year 2021:
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:
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:
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
following program in fiscal year 2021:
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
following program in fiscal year 2021:
TITLE II
OPERATION AND MAINTENANCE
The fiscal year 2021 Department of Defense operation and
maintenance 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:
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
Reprogramming (DD Form 1414) for each of the fiscal year 2021
appropriation 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 approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities, 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 following 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
Contractor logistics support and system support
Flying hour program
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-activities:
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
operation 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 addresses 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 Secretary 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.
QUARTERLY OPERATION AND MAINTENANCE UPDATES
Regular interaction with each of the Service's financial
management 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 programs and contracts. The Committee notes
the successful quarterly meetings this year with each of the
Services and directs the Director of each of the Service's
Operations Divisions (Financial Management 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
maintenance accounts which shall only be used to improve
military readiness, including providing for increased training
and depot maintenance activities. None of the funding provided
may be used for recruiting, marketing, or advertising programs.
The additional funding 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
potentially contaminating refrigerants and ensures the safe
disposal of chemicals. Considering the large number of
Department of Defense facilities and the widespread use of
refrigerants, the Committee 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 businesses and businesses owned by minorities and
women. The Committee directs the Secretary of Defense to
include with the fiscal year 2022 budget submission the total
level of expenditures for fiscal year 2021 and the requested
level of funding for fiscal year 2022 for all contracts for
advertising services; contracts for advertising services by
minority or women owned businesses; and contracts for
advertising services by socially and economically disadvantaged
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
businesses. The Committee directs the Secretary of Defense to
submit a report to the congressional defense committees on the
Department's efforts to work with minority and women-owned
small businesses not later than 180 days after the enactment of
this Act. The report shall specify the number and value of
Department of Defense contracts for minority and women-owned
small businesses and include a description of specific outreach
programs the Department 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 approaches 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-effective solutions to critical
national security problems. Small businesses, however, can be
disadvantaged given the non-trivial expenses associated with
handling, transmitting, protecting, and storing 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
advantage over smaller potential entrants and existing small
business contractors who cannot afford the added expense.
The Committee seeks solutions that allow new and non-
traditional entrants, as well as smaller firms who have
existing relationships 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 National Intelligence to submit a
report to the House and Senate Appropriations Committees not
later than 60 days after the enactment 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
Intelligence Community. The report shall also address how the
Department 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 Committee encourages the Secretary of Defense to work with
higher education institutions, including Historically Black
Colleges and 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 remotely 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 family 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
scientifically accurate indicators of health and fitness. The
Committee directs the Secretary of Defense, in coordination
with the Service Secretaries, to submit a report to the
congressional defense committees 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
inventory management controls in place at the Department of
Defense which often result in lost material, parts, and
funding. The Committee 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
Program provides training for servicemembers and civilians in
languages 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 Secretary of Defense to continue supporting programs that
ensure warfighters receive the language and culture training
needed to effectively complete missions. Additionally, the
Committee directs 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 elementary and secondary students. The National
Defense Authorization Act for Fiscal Year 2020 authorized the
development of a competitive grant program to provide support
to eligible entities, including Department of Defense Education
Activity schools, for the establishment, improvement, or
expansion of world language study for this population. In
support of this program, the Committee recommendation includes
an additional $15,000,000 for Department of Defense Education
Activity schools. The Committee directs the Secretary 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 Department 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
crisis in the Department of Defense and its impact on military
recruitment, readiness, and retention. The Committee is also
concerned 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
report 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 facilities 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 Department is not using those funds efficiently or
exclusively for the intended purpose. The Committee directs the
Service Secretaries 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 aggregate 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 consumed by ESM;
and to the extent the amount collected from ESM exceeds the
amount spent on purchasing food for the meals consumed by these
ESM, a detailed accounting of the difference to include the
rationale for any spending for other purposes.
VIEQUES AND CULEBRA
The Committee remains concerned with the pace and scope of
environmental 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 process 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
identified there by the Army. The Committee encourages the
Secretary of the Army to exercise available authorities,
including the authority 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 applicable
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
authorized in the Indian Financing Act of 1974 and directs the
Secretary of Defense to obligate such funds not later than 90
days after the enactment of this Act.
PFOS/PFOA EXPOSURE ASSESSMENT
The National Defense Authorization Act for Fiscal Year 2020
authorized a study and assessment of the health implications of
perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid
(PFOA) contamination in drinking water. The Committee
recommendation includes $15,000,000 for the study and
assessment. The Committee also directs the Assistant Secretary
of Defense (Energy, 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
installations. As the Department conducts its exposure
assessment on all installations known to have PFOS/PFOA
drinking water contamination, 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 Substances (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 understands 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
firefighters. 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 concerns over releases of these substances and
their effects on military installations and the surrounding
communities. To support the Department'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 environmental
restoration or operation and maintenance appropriation
accounts. The report shall provide, for each component and by
installation name, for the investigation and cleanup of PFAS:
the 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
increasing funding in their respective fiscal year 2021 budget
requests for childcare programs, but notes with concern the
proposed reductions by the Marine Corps and the Army in their
budget requests 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 Defense civilian employees, and
their families. Funding for these programs 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 Appropriations Committees
not later than 30 days after the enactment of this Act.
The Committee was disappointed that it did not receive the
report requested in House Report 116-84 and again directs the
Service Secretaries to provide a report to the House and Senate
Appropriations 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 Secretary 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 Accountability Office report related to the Global
Household Goods Contract. The report recommends USTRANSCOM
develop methodologies for adequate data collection during the
first three years of the contract; outline a detailed plan on
retraining and transferring current USTRANSCOM personnel,
including precise funding and staffing needs; and provide a
clear strategy for providing counseling services. Due to these
highlighted deficiencies, the Committee 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 satisfaction surveys
and survey response rates, data on moves provided by
Transportation Service Providers (TSPs) versus Personally
Procured Moves (PPM), the number and type of trainings and
transfers of USTRANSCOM personnel and transportation
specialists, and counseling services provided by government
personnel vice TSPs.
The Committee is concerned that servicemembers may not
receive 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 Contract 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 option 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 offered 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 defense program.
COLD WEATHER CLOTHING AND EQUIPMENT
The Committee commends the Services for providing cold
weather and mountaineering clothing and equipment to
servicemembers stationed abroad. Cold weather items including
handwear, footwear, socks, balaclavas, water bottle parkas,
canteens, and clothing layers manufactured with innovative,
domestically-produced fabrics and textiles provide the
warfighter with a distinct combat advantage. 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 procurement
timelines for organizational clothing and individual equipment
to all eligible servicemembers and utilize the domestic 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 Secretary 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 piloting 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 report shall detail
these reasons, to include the policy explanations and if there
is a plan to examine, and possibly, change these differences.
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 support for this organization, which has bolstered
regional stability through its peacekeeping role for almost
forty years. The Committee 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 requirement 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 following program in fiscal year 2021:
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
recognizes the importance of small businesses to the entire
Department of Defense enterprise and encourages the Commanding
General, Army Futures Command, to develop methods to improve
small business engagement for research and development. In
addition, 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 facilities 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 following program in fiscal year 2021:
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
software system are unsustainable and that commercial software
solutions currently being utilized by the Navy's Fleet
Readiness Centers offer greater capability at reduced costs.
Further, the Committee is increasingly concerned about the
availability of the current ASM system to the user community
given the antiquated nature of the software and need for
increased remote telework capacity.
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
commercial solutions that are already developed, that need
minimal customization work, and that are currently being
fielded by industry 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 capabilities that are needed in ASM that are
available in a COTS product.
The Committee recommendation also includes $10,000,000 in
Other Procurement, Navy for the procurement, consistent with
federal 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
Appropriations 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 requirements in the
fiscal year 2021 budget submission. The Committee directs the
Secretary of the Navy to provide the congressional defense
committees with quarterly updates, beginning not later than 90
days after the enactment of this Act, on repair efforts,
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
for Operation and Maintenance, Marine Corps which will provide
the following program in fiscal year 2021:
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:
DEPARTMENT OF THE AIR FORCE BUDGET JUSTIFICATION DOCUMENTS
The Committee is disappointed with the quality of the
justification material and responses to inquiries received from
all components 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 increase; depot level increases are
presented with overall baselines, instead of each airframe
presented by baseline; and decreasing levels 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 maintenance programs: (1) any request for an increase
within a sub-activity 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 ``classified,'' information on the
increase should be presented in a classified 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 humanitarian 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 organic 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 impact
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 Assessment and Program Evaluation, the
Commander of United States Transportation Command, and the
Chief of the National Guard Bureau, 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. Unprotected aircraft can sustain significant damage
during hailstorms and long-term damage due to extensive sun
exposure, creating additional, yet preventable, maintenance
costs. The Committee encourages the Secretary of the Air Force
to prioritize maintenance that may provide protection for
aircraft to prevent damage caused by weather.
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
properly realize the benefits and value of a turn-key approach
at a new location, any proposed program should maximize
previous investments 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:
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:
READINESS AND ENVIRONMENTAL PROTECTION INTEGRATION PROGRAM
The Committee continues to support the Readiness and
Environmental 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 encourages the Secretary of Defense to
replicate these activities nation-wide. The Committee also
encourages the Secretary of Defense to prioritize REPI projects
that leverage other federal and non-federal 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
Defense Community Infrastructure Program. The Committee is
disappointed that the Secretary of Defense did not swiftly
allocate funds to specific projects with the $50,000,000
provided in the Department of Defense Appropriations Act, 2020,
waiting until mid-May, or over five months from date of
enactment, to provide direction to the Office of Economic
Adjustment for execution. The Committee is also dismayed about
the parameters the Secretary of Defense 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 Infrastructure
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 provide 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 fiscal year 2022 budget submission and each
subsequent year thereafter, 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 resources allocated by
each Service or defense agency at the appropriation and line
item level to provide combat support, combat service support,
training, base operating support, pay and allowances, and
enabling capabilities or other common services and support for
special operations forces. The exhibit shall also include an
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
(Special 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 accounting 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 detailed 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
Information Support Operations (MISO) focused on countering
violent extremist organizations (VEO). While VEOs remain an
ongoing threat and require continued vigilance, peer and near-
peer adversaries like China and Russia are using social media
and other vectors to weaken domestic and international
institutions and undermine United States interests. This new
information environment and the difficulty of discriminating
between real and fake information 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.
However, it is difficult to view individual agency activities
as a coordinated whole of government effort. Over the past
several years, the classified annex accompanying annual
Department of Defense Appropriations Acts included direction
focusing on the individual activities of geographic combatant
commands. However, information messaging strategies to counter
Chinese and Russian malign influences cuts across these
geographic boundaries and requires coordination between
multiple government agencies using different authorities.
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 individual geographic combatant
commands justified by the main pillars of the National Defense
Strategy to the House and Senate Appropriations 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 enacted
funding levels for both voice and internet activities and how
those activities are coordinated with the Intelligence
Community and the Department of State. The enacted levels will
serve as the 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. Additional
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 operational 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
recommendation 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 inhibit 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 increased 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 linked to higher rates of certain
cancers. Given the lack of definitive guidance around exposure
levels, the Committee encourages 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 medical surveillance exams.
CLIMATE CHANGE REPORT
The Committee notes the Secretary of Defense is required to
submit a report which contains a list of the top ten most
climate-vulnerable bases within each Service and provides a
cost estimate to mitigate the risks at each of these bases to
the congressional defense committees as directed in House
Report 116-84. The Committee 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 defense committees with any
changes to the anticipated date of completion for the tool and
report.
SPECIAL MEASURES AGREEMENT
The Committee recognizes the United States-South Korea
alliance as foundational for peace and security on the Korean
Peninsula 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 government 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
government documents.
DEFENSE SECURITY COOPERATION AGENCY PROGRAMS
The Committee recommendation provides $659,225,000 for base
programs administered by the Defense Security Cooperation
Agency (DSCA) and an additional $1,651,296,000 in title IX for
overseas contingency operations. The Committee notes the
significant unobligated 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 with two-year availability,
which accounts for more than half of the funding provided. The
Act also requires quarterly reports on the 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
justification document for DSCA as modified by this Act and
report.
The Committee does not recommend funding for a proposed
National 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 Cooperation Programs, the Combating Terrorism and
Irregular Warfare Fellowship Program, and the Ministry of
Defense Advisors Program.
The Committee recommendation provides $1,141,048,000 for
International Security Cooperation Programs. The Committee
directs that congressional notifications submitted for such
programs specify the funding source (including fiscal year and
base or overseas 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
proposed 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 Cooperation Programs with countries in the Southern
Command area of responsibility.
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 programs supported by the
Department of State, and urges close coordination 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
increase 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 security along the Tajikistan-Afghanistan
border.
The Committee directs that such funds provided above the
request for International Security Cooperation Programs be used
to enhance existing programs with countries such as Colombia,
and to continue programs for countries that would otherwise not
receive funding under the budget request submission, including
Morocco, Oman, and Costa Rica.
The Committee recommendation provides $290,662,471 for
International 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 recorded 299,633 cease-fire violations, 3,373
explosions, and 148 civilian 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
defense of Ukraine by providing $275,000,000 for the Ukraine
Security Assistance Initiative, an increase of $25,000,000
above the request. 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 corruption 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 language exempting funds from
apportionment and requires the Secretary of Defense to inform
the congressional defense committees if funds have not been
obligated 60 days after a congressional notification is
submitted. Furthermore, the Committee directs the Secretary of
Defense, in coordination with the Director of DSCA, to review
the Department's policies and procedures with respect to
funding for the Ukraine Security Assistance Initiative, and to
submit 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
increase 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 strengthen deterrence against Russian aggression. The
Committee recommendation provides $150,000,000 for
International Security Cooperation 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 included 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
obligation of funds for the Baltic Security Initiative, the
Secretary of Defense, in coordination with the Secretary of
State, is directed to submit a strategy to the congressional
defense committees for the Baltic Security Initiative, which
shall include goals, objectives, and milestones for programs
supported by the initiative, as well as information 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
promotion of women in foreign security forces. Not later than
90 days after the enactment of this Act, the Committee directs
the Secretary 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 Appropriations Committees prior to the
obligation of additional funding provided 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
partnership 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 proposed
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 improve such programs.
The Committee recommendation includes funds above the
request 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 objectives 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
directed levels for headquarters expenses and includes language
limiting such costs.
The Committee recommendation includes funding requested
under this heading for the Lift and Sustain program, which
provides support to allied forces participating in a combined
operation with the armed forces of the United States and
coalition forces supporting military and stability operations.
The Committee is concerned, however, with the proper management
and execution of prior year funds by the Department of Defense.
The Committee directs the Secretary of Defense to assess the
policies and procedures in place for this program and, not
later than 60 days after the enactment of this Act and prior to
the initial obligation of funds provided 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 recommendation of
the Government Accountability Office. The Committee 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
Treaty Organization (NATO) recognized cyberspace as a domain of
operations in which NATO must defend itself as it does in other
operational 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 standards and protocols for countering cybersecurity
incidents.
ZERO TRUST ARCHITECTURE
The Committee encourages the Secretary of Defense to
implement a Zero Trust Architecture to increase its
cybersecurity posture 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 Defense to utilize the noise
assessments found in environmental impact 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 determined the
effects of noise to the surrounding community to be damaging to
the local community, that assessment should be used as the
underlying data for consideration of relief. Data should be
assessed 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 special attention to communities with
new airframes.All types of mitigation efforts should be
considered for implementation.The Committee directs the Office
of Economic Adjustment to submit a report 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 communities involved,
the timeline for completion of all of the assessments for each
of the communities with installations with airfields,examples
of tools to mitigate the impact of jet noise, and the costs
involved in each of these steps.
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 determined by the participating communities to
entities such as hospitals, daycare facilities, schools, senior
citizen facilities, and private 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 relations, 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 thereafter
throughout fiscal year 2021, to the congressional defense
committees, 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 Department and agency funded by this Act with
annual advertising budgets in excess of $500,000 to include in
its fiscal year 2022 budget justification submission details on
expenditures on local media advertising 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:
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:
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
provide the following program in fiscal year 2021:
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
provide the following program in fiscal year 2021:
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:
JOINT FORCE HEADQUARTERS ANALYSIS CELLS
Intelligence fusion centers are information sharing hubs
that provide threat-related information to federal, state, and
local agencies. These centers allow the flexibility to
determine which critical infrastructure areas merit the
dedication of resources on each governmental level. The
Committee recognizes that the National Guard Bureau is
developing a Joint Force Headquarters Analysis Cell concept 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
provide the following program in fiscal year 2021:
NATIONAL GUARD BUREAU STATE WEBSITE MODERNIZATION AND STANDARDIZATION
The Committee believes the Air National Guard must
continuously 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 management, and workflow modernization are all
elements required for effective 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 provide
robust funding for recruiting and advertising programs to
improve the digital experience, implement state specific
website modernization, 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 Environmental Restoration, Air Force.
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
Secretaries 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
provide 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 coordinated with other federal agencies and
non-government organizations, as appropriate.
SPEND PLAN
The Committee remains interested in the details of funds
provided for Humanitarian Assistance and the Humanitarian Mine
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 information 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
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
----------------------------------------------------------------------------------------------------------------
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
RETENTION AND RECOGNITION 1,358 3,445 2,087
Transfer from OM,AF line 41B................................... 2,087
RECRUITING AND HIRING 1,437 20,255 18,818
Transfer from OM,AF line 41B................................... 18,818
--------------------------------------------
TOTAL, DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 58,181 198,501 140,320
DEVELOPMENT ACCOUNT.......................................
----------------------------------------------------------------------------------------------------------------
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:
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The Secretary of Defense is directed to continue to follow
the reprogramming 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 procurement 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 Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified 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, development, 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 addition, guidelines on the application of prior
approval reprogramming procedures 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
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 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 fiscal year 2021 is $59,361,000 across all
variants of the F-35, an increase of $17,498,000 over fiscal
year 2020.
The Committee recommends funding this request only because
there is little choice but to sustain the F-35 enterprise with
the existing 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 initial design and implementation of ALIS has failed to
meet its intended purpose. Rather than facilitating the
maintenance and readiness of F-35 aircraft, ALIS perversely
absorbs additional personnel 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
Remote 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
performance 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
Integrated Network (ODIN), the plan for which has not been
fully developed. It is unclear whether this new approach is
adequately resourced, and the Committee is concerned that the
present attention 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 provided 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 environment, therefore rendering much
of the currently procured equipment 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 estimate of the cost savings in equipment
procurement that can be derived from the transition to ALIS
Next and subsequent transition to ODIN. This report shall be
submitted to the congressional defense committees not later
than 90 days after the enactment of this Act.
USE OF ADVANCED PROCUREMENT FUNDING
In many instances the Committee supports departmental
requests for advanced procurement (AP) funding. As reflected in
the Department's Financial Management Regulation (FMR), AP
funding is provided in a fiscal year prior to the year in which
the related end item is to be procured. This allows for the
early funding of long-lead components in order to preserve an
orderly delivery schedule for that major end item. When
authorized, AP may also be used to fund economic quantity
orders under a multiyear contract in order to promote supplier
stability and save money compared 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 incremental 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 received, but the quantities of end
items to be procured in the succeeding year has changed.
The Committee directs the Under Secretary of Defense
(Comptroller) to ensure that AP funds are both requested and
executed properly according to the FMR. The Committee will
continue to exercise 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:
CH-47F CHINOOK BLOCK II
The Committee remains concerned with the Army's lack of
support 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 Committee 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
rotorcraft. The Committee is concerned that the Army has not
developed a comprehensive strategy to transition DVEPS to a
Degraded Visual Environment program of record for enduring
future vertical lift platforms. Operational testing of DVEPS
has demonstrated increased 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 outlines 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:
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:
MK93 MACHINE GUN MOUNT
The Committee believes that the MK93 machine gun mount
upgrade will improve existing systems and supports Army
modernization 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 budget 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
following program in fiscal year 2021:
SUSTAINMENT OF MUNITIONS
The Joint Munitions Command provides the Army and the Joint
Force with ready, reliable, lethal munitions to sustain global
operations. 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 Appropriations 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 operational efficiencies
gained by centralizing the sustainment of munitions 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
program in fiscal year 2021:
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 technology insertions and capability upgrades to
the fleet and will reduce 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:
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 continues to support the F/A-18 E/F Super
Hornet program and funds the request for 24 aircraft in fiscal
year 2021. However, the Committee notes that the future years
defense program eliminates the further procurement of F/A-18 E/
F aircraft, resulting in a reduction 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 further 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 production line of new Super Hornets for on-time
parts and production expertise. It is unclear if the Navy has
assessed the impact of eliminating 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
report 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
comparisons.
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
aircraft. 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 configuration 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
for Weapons Procurement, Navy which will provide the following
program in fiscal year 2021:
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:
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 following program in fiscal year 2021:
TAO FLEET OILER PROGRAM
The Committee recognizes that Navy TAO Fleet Oilers are
essential 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 aggregate 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
requirements 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
Connector (SSC) acquisition program which aims to replace the
rapidly aging Landing Craft Air Cushion vehicle fleet. While
the Committee 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 amphibious
assault and humanitarian missions. The Committee encourages 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
Committee recognizes that DDG-51 Destroyers are the backbone of
the surface fleet, providing multi-mission flexibility and
increasing capability with the introduction of the Flight III
variant. The Committee 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 domestic industrial base
will be sustained until the award of the Large Surface
Combatant contract. The Committee encourages the Secretary of
the Navy to review the potential benefits of awarding a multi-
year contract for DDG-51 Flight IIIs in fiscal year 2023.
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
program in fiscal year 2021:
PRIVATE CONTRACTED SHIP MAINTENANCE
The Committee is disappointed that the Department of the
Navy did not analyze the results of its private contracted ship
maintenance 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. Therefore, 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 activities executed in the United States and is hereby
designated a congressional special interest item. The Committee
directs the Secretary 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 execution 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
thousands); 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 congressional 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
availability of standard, qualified explosive ordnance disposal
(EOD) equipment for Navy divers.
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 standard
equipment provided to EOD divers, the age of such equipment,
the process through which EOD diving teams acquire new
equipment, and 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:
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 manufactured,
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 following program in fiscal year 2021:
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
aircraft that perform United States flights under the Open
Skies Treaty. These funds were approved despite the Committee's
concerns that the Air Force was unready to execute the program;
congressional 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 execution 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 Department of
Defense's increasing disregard for the law and the Congress.
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
recapitalization effort for other purposes. The Committee will
not approve any such reprogramming and the recommendation
rescinds $158,448,000 of fiscal year 2019 and 2020 funding for
OC-135 recapitalization.
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
proposed in its fiscal year 2021 budget submission to divest
the RQ-4 Block 20 BACN aircraft and procure manned E-11
aircraft to replace them. The Committee supports the use of the
fiscal year 2019 funding to execute the Air Force's new plan
for BACN and to expedite 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 capabilities of these aircraft have
increasing relevance due to growing national interests in the
arctic region. As the Department of Defense's 2019 report on
arctic strategy notes, the arctic region is gaining importance
through the combined effects of climate change and geopolitical
competition for territorial claims, waterways and underlying
resources, with attendant implications for homeland security.
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 becoming 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
mission.
MQ-NEXT
The Air Force's fiscal year 2021 budget request proposes to
terminate 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 recently released a request for
information (RFI) to industry for improved solutions for future
unmanned aerial systems with both intelligence, surveillance,
and reconnaissance and strike capabilities, including a
potential follow-on to the MQ-9. However, this RFI assumes 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 development 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 competition, 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 problems with the F-15C/D fleet and improving
fighter force capacity. The Committee notes that the Air Force
acquisition strategy includes the provision of F-15EX engines
as government furnished equipment. The Committee understands
that the Air Force will procure engines for the initial stage
of the program, which is being executed under middle tier
acquisition authorities for rapid fielding, using a sole-source
exception. The Committee is aware that the Air Force recently
issued a sources sought notice to determine market capacity to
deliver a fully integrated propulsion system for subsequent
lots of F-15EX aircraft. The Committee encourages the Secretary
of the Air Force to use full and open competition methods,
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 submission 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 theater airlift requirements and its plans to
either recapitalize C-130H aircraft or to maintain a split
fleet with C-130J and modernized 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 justifications 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
associated 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
surface transportation projects that will provide additional
road capacity 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 involved 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:
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
following program in fiscal year 2021:
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:
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
program in fiscal year 2021:
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:
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 capabilities. The Committee encourages
the Joint Program Executive Officer for JPEO-CBRND to ensure
timely fielding of these capabilities.
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
following 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
----------------------------------------------------------------------------------------------------------------
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The fiscal year 2021 Department of Defense research,
development, 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:
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The Secretary of Defense is directed to continue to follow
the reprogramming 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 procurement 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 Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified 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, development, 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 addition, guidelines on the application of prior
approval reprogramming procedures 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
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 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
Development Centers (FFRDC) was delivered more than three
months late for the second consecutive year from the Office of
the Under Secretary of Defense (Research and Engineering). This
report is due to Congress with the submission of the annual
budget request. Details 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 report, 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
competencies, 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 Instruction 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,
organizational, 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:
SHOULDER LAUNCHED MUNITIONS
The Committee is concerned about the increased weight
carried by soldiers while utilizing shoulder launched
munitions. The Secretary 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 committees not later than 90 days
after the enactment of this Act detailing the Army's shoulder
launched munitions procurement strategy.
ADVANCED MANUFACTURING CENTER OF EXCELLENCE
The Committee commends the Army for establishing a Center
of Excellence for Advanced Manufacturing. The National Defense
Authorization 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 advanced manufacturing techniques and
capabilities at depot-level activities 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 detail 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 support of ARL's various essential research programs. The
A2I2 initiative seeks to accelerate innovation in areas such as
artificial intelligence and machine and deep learning
technologies that will be critical to the success of future
Army missions. The Committee recommendation includes an
additional $20,000,000 to support these efforts and expects the
additional funds to remain under the purview of ARL.
FUTURE LONG-RANGE ASSAULT AIRCRAFT
The Committee continues to support the Future Long-Range
Assault Aircraft (FLRAA) program and notes it remains a top
Army modernization priority. The 2020 Army Aviation Strategic
Plan and Modernization Roadmap notes that, as a result of the
funding provided in the Department of Defense Appropriations
Act, 2020, the Army has been able to accelerate the FLRAA
program by four years. To continue supporting this acceleration
effort, the Committee recommendation includes an additional
$20,000,000 for robust risk-mitigation efforts. The Committee
expects these additional 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
defined the acquisition strategy for Future Vertical Lift (FVL)
mission 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 operational capabilities. Therefore, the Committee
directs the Secretary of the Army to submit a report to the
congressional defense committees not later than 90 days after
the enactment of this Act, on FVL mission equipment payloads
and sensors. The report shall include the acquisition strategy
for FVL mission equipment payloads and sensors, including
radar, electronic warfare, 360 distributed aperture system,
missile warning system, and advanced electro-optical infrared
system; planned risk reduction activities for the sensor
payloads; and an estimate of the cost and schedule for the
development 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 challenge 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 meeting 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 provide the following program in fiscal year
2021:
SMALL BUSINESS INNOVATION RESEARCH PROGRAM
The Small Business Innovation Research Program (SBIR) is
designed to attract small technology companies to participate
in federally sponsored research and development in order to
enable advances in innovative technology disruption. Despite
significant investment 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 disruptive innovation is
demonstrated by the repeated failure of the Navy to
sufficiently resource the Automated Test and Retest (ATRT)
program, 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 awardees to the greatest extent practicable, thus allowing
and assisting SBIR awardees to commercialize technologies
related to those developed 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 Department of Defense. The Committee encourages the
Secretary of the Navy to conduct additional research on the
safety of underground 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 controlling corrosion; improved testing,
inspection, repair, and maintenance 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 referred 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 research for infrared
telescope technology.
ANTI-CORROSION NANOTECHNOLOGY
The Committee remains concerned about the high costs
associated with fixing corrosion on Department of Defense
platforms. The military, and in particular the Navy, face
complex threats in the Indo-Pacific region that require
military equipment and infrastructure to be resilient and have
maximum operational availability. The Committee urges the Chief
of Naval Research to pursue lightweight, 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
infrastructure.
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 operate successfully and to monitor the changing
environment. The Committee encourages the Secretary of the Navy
to work with academia to develop the ocean monitoring
capabilities necessary to understand 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
Department of Defense and commends the Naval Air Systems
Command for attempting to reduce the number of these incidents.
The Committee supports an integrated, modular approach to
addressing this issue and supports continued research on the
integration of a sensor 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 incidents involving FOD in the
last two years that have caused damage and the cost of fixing
the damage; the process the Navy is taking to establish a FOD
mitigation approach and architecture; and the cost avoidance
associated with a comprehensive FOD mitigation 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 Committee understands that as the Department
of Defense moves towards 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 Committee 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 failure rate of stern tube seals on some classes of
Navy ships. Many of these seals are failing prior to major
maintenance intervals 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 appropriate 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 training 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 magnetic, 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 encourages 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
infrastructure, 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, prototyping, and development is necessary for
future naval capabilities related to powering maritime systems,
at-sea persistent surveillance and communications systems, and
unmanned undersea vehicle 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, integrating 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 monitoring 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 modular, open source hardware that allows new
technology to be developed, 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
Change from budget request............................ -1,351,217,000
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:
PROGRAM ELEMENT CONSOLIDATION
The Air Force's fiscal year 2021 budget request for
research, development, 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
proposal is to convert the existing geographically aligned
budget structure 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 development efforts and
facilitate more coherent cross-domain solutions to problem
sets. Additionally, the Air Force proposes to consolidate 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
understands 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 congressional 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 regarding the proper use of
appropriated funds. This presumption presently is false. Since
the Department has repeatedly demonstrated its willingness to
disregard congressionally mandated reprogramming procedures,
the Committee cannot agree to provide the additional budget
flexibility the Air Force requested. The recommendation
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
constitutional power of the purse.
HYPERSONICS PROTOTYPING
The Committee recommendation fully funds the Air Force's
request of $381,862,000 for hypersonics prototyping; however,
the Committee continues to have concerns with the Air Force's
repeated 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
response 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
effort 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.
At the same time, the remaining ARRW effort has seen
dramatic growth in cost estimates. A March 2018 non-advocate
cost assessment produced an estimate of $854,700,000; the most
recent estimate 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
attributable 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
committees by the Assistant Secretary of the Air Force
(Acquisition, Technology 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 question the value of existing reporting mechanisms for
middle-tier acquisition (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
acquisition 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 believes that the Air Force, and the
Department in general, need to plan for success by ensuring
that the proper resources are programmed. 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 capability'' of
questionable long-term value. This has been acutely illustrated
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 reprogramming requests. The Committee also strongly urges
the Secretary 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
The budget request includes $302,323,000 for the Advanced
Battle Management System (ABMS). The requested funding is more
than double the comparable level for fiscal year 2020, and the
Committee 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 future 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
requirements, 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 reduces 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
systems will be accounted for through their lifecycles across
multiple programs without simply being handed down as unfunded
mandates 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 Committee understands that the request includes
approximately $75,000,000 for ``on ramp'' exercises that are
intended to demonstrate potential technologies and
capabilities. The Air Force intends 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
confidence in the cost estimate of $25,000,000 per exercise. It
is unclear 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 program and directs the
Secretary of the Air Force to limit the total cost of ``on
ramp'' exercises to no more than $25,000,000 in fiscal year
2021.
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 Institutions, 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 execute the program in a manner
that maximizes the funding and participation 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
capabilities enabling the Air Force to produce and sustain
effective combat 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 submitted 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 committees 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 enactment of
this Act. The Committee encourages the Secretary of the Air
Force to pursue further prototyping of LCAAT systems consistent
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
nanocomposite manufacturing have great potential to contribute
to improved warfighter capabilities. The Committee encourages
the Secretary of the Air Force to engage in partnerships with
public universities to rapidly advance scalable manufacturing
of multi-functional 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 which will provide the following program in fiscal
year 2021:
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 derived, 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 critical 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 solely 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-generation
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
control 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 transition of the Service Acquisition Executive
authority to the Assistant Secretary of the Air Force for Space
Acquisition and Integration and to seek a space acquisition
professional to serve in this position. 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 transfers, and cautions that it will not
be supportive of such transfers without convincing
justifications that they will not adversely impact the Army,
Navy, and affected defense agencies, and that the transfers are
necessary to improve national security. The Committee
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.
NEXT GENERATION OVERHEAD PERSISTENT INFRARED
The Committee recommendation fully funds the budget request
of $2,318,864,000 for the Next-Generation Overhead Persistent
Infrared (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 continues to be concerned that the Space Force is not
adequately planning 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 increasing 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 minimum 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 soundness of
the program plan. Therefore, the Committee directs the Director
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 estimates 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
architecture 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 September 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
competition, and maximizes efficiency through economies of
scale. The Committee is aware that transitioning from the
legacy launch vehicles to new systems entails potential risks.
Therefore, the Committee directs the Secretary of the Air Force
to provide the congressional defense committees, not later than
60 days after the enactment of this Act, with a detailed
transition plan on how the Space Force intends to manage
program and mission risks over this transition 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 funding the current launch service
agreements and is subject to revision once the source selection
is made.
The Committee recommendation provides $933,271,000 for NSSL
procurement, a reduction of $109,900,000. The Committee is
concerned 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 cornerstone of the launch program and
should only incorporate mission assurance practices that
improve it.
Furthermore, the Committee believes the level of detail
provided in the budget justification materials for the NSSL
program is lacking 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
submissions.
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 research, 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:
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 Department 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 Missile Tracking Space Sensor (HBTSS)
to meet the Department's requirements. 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 continue the development of the
HBTSS sensor and proposes a token amount of funding for a
HBTSS-derived sensor as a secondary priority 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
significant 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 demonstrating 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 distributed computing, cybersecurity,
logistics, and auditing. Therefore, 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 applications.
ARTIFICIAL INTELLIGENCE PARTNERSHIPS
The Committee is aware of the United States-Singapore
partnership focusing on applying artificial intelligence in
support of humanitarian assistance and disaster relief
operations, which will help first responders better serve those
in disaster zones. The Committee encourages the Secretary of
Defense to pursue similar partnerships 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 military
installations and continues to support groundwater remediation
activities undertaken by the Department. However, the Committee
notes that current methods of PFOS/PFOA remediation are both
costly and time consuming. As the Department continues PFOS/
PFOA remediation activities, the Committee encourages the
Assistant Secretary of Defense (Energy, Installations, and
Environment) 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
manufacturers are significantly ahead of United States
companies in the development and deployment of 5G
telecommunications technologies, 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 system and a
domestic supply chain that meets the national security needs of
the United States and its allies, the Committee encourages the
Secretary of Defense to accelerate engagement with domestic
industry partners that are developing 5G systems.
Additionally, the Committee is aware of the significant
investments 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 conduct quarterly execution briefings with the
House and Senate Appropriations 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
capabilities essential to national security and that these
systems face increasing threats from potential adversaries. The
Committee understands 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 concerned 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 Appropriations Committees not later than 120 days after
the enactment of this Act that assesses the current state of
existing federal, full-scale testing facilities, including
those with electromagnetic interference 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
environments experienced during hypersonic flight. The
Committee encourages the Under Secretary of Defense (Research
and Engineering) to explore the value of these materials for
Department of Defense hypersonic efforts.
GLOBAL FOOD SECURITY
The Committee encourages the Secretary of Defense, in
cooperation with the Secretary of State and the Secretary of
Agriculture, to conduct research to evaluate the risks and
national security implications 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 methodologies 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 Defense (Research and Engineering) to direct
cyber-oriented units to collaborate with local colleges and
universities on research, fellowships, 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
collaboration 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 Embedded Systems Security and Trust is
an example of such a collaboration 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 proprietary 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. Therefore, 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 Glide Technology Development dated August 2019. The
Committee believes this agreement represents the most mature
approach for a common hypersonic glide body system.
Additionally, the Committee 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 recommendation 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 program 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 address 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
procurement strategy to acquire feed material for
microreactors; the plan to identify and use existing
authorities to provide appropriate indemnities; and the status
of pilot programs for microreactors, including suitable
locations for pilot activities.
HIGH ENERGY LASER ENDLESS MAGAZINES
The Committee notes the investments by the Department of
Defense 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 adequately defined the term in order to
facilitate predictable requirements 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
enables real-time detection of aerosolized biological threat
agents. The Committee encourages the Secretary of Defense to
field these critical capabilities to Department of Defense
facilities and operational 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-effective, near real-
time detection/identification capability for aerosolized
biological threats.
ACADEMIC HYPERSONIC RESEARCH, TEST AND EVALUATION FACILITIES
The Committee recognizes the importance of higher-education
institutions 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 coordination of the myriad
ongoing artificial intelligence activities. Therefore, the
Committee directs the Director of the Joint Artificial
Intelligence Center to provide the congressional defense
committees, not later than 60 days after the enactment of this
Act, an inventory of all significant artificial intelligence
activities in the Department, including, but not limited to,
for each activity: the annual funding requested for the next
five years; the source of funds identifying appropriation
account, program, project, and line number; 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
challenges recruiting and retaining a workforce skilled in
science, technology, engineering, and mathematics (STEM). While
this is a nationwide concern, the Committee supports Department
of Defense efforts to grow the STEM workforce pipeline,
particularly for women and minorities. The Committee encourages
the Under Secretary of Defense (Research and Engineering) to
continue these efforts by partnering with Hispanic Serving
Institutions, Historically Black Colleges and Universities, and
other Minority Serving Institutions on research, fellowships,
internships, and cooperative work experiences at defense
laboratories. Additionally, the Committee encourages the Under
Secretary of Defense (Research and Engineering) to collaborate
with Hispanic Serving Institutions, Historically Black Colleges
and Universities, and other Minority Serving Institutions to
build a pipeline for scientists and engineers to enter the
cyber workforce upon graduation.
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]
------------------------------------------------------------------------
Change from
Budget Committee Request
Request Recommended
------------------------------------------------------------------------
OPERATIONAL TEST AND EVALUATION.. 100,021 100,021 0
LIVE FIRE TESTING................ 70,933 70,933 0
OPERATIONAL TEST ACTIVITIES AND 39,136 39,136 0
ANALYSIS........................
--------------------------------------
TOTAL, OPERATIONAL TEST & 210,090 210,090 0
EVALUATION, DEFENSE.........
------------------------------------------------------------------------
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 [3,500]
Security Pilot Program..
Supply Management............ 24,166 24,166
WORKING CAPITAL FUND, AIR FORCE.. 95,712 95,712 0
WORKING CAPITAL FUND, DEFENSE- 49,821 49,821 0
WIDE............................
DEFENSE WORKING CAPITAL FUND, 1,146,660 1,146,660 0
DECA............................
--------------------------------------
TOTAL, DEFENSE WORKING 1,348,910 1,348,910 0
CAPITAL FUNDS...............
------------------------------------------------------------------------
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 Committee directs that of the funds included
under Industrial Operations, $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 intended for the WCF end
up being funded with WCF receipts. The Committee believes that
steps should be taken to avoid this unintended consequence and
expects that obligations from the DCSA WCF will only reimburse
costs specifically associated with conducting background
investigations.
The Committee directs the Under Secretary of Defense
(Comptroller), in consultation with the Under Secretary of
Defense (Intelligence 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 reimbursable), 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
expense updated on a quarterly basis.
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:
REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The Committee includes a provision which caps the funds
available for Private Sector Care under the TRICARE program
subject to prior approval reprogramming procedures. The
provision and accompanying 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 Defense 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
written notification to the congressional defense committees of
cumulative 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 Defense to provide a report to the
congressional defense committees not later than 30 days after
the enactment of this Act that delineates 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 Government Accountability Office.
CARRYOVER
For fiscal year 2021, the Committee recommends one percent
carryover authority for the operation and maintenance account
of the Defense Health Program. The Committee directs the
Assistant Secretary of Defense (Health Affairs) to submit a
detailed spending plan for any fiscal year 2020 designated
carryover funds to the congressional defense committees not
less than 30 days prior to executing 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-reviewed 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-reviewed pancreatic cancer research program,
$7,500,000 for the peer-reviewed rare cancer research program,
and $110,000,000 for 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
program 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, mesothelioma, 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 program from funding the
previously mentioned cancers or cancer subtypes that may be
rare by definition.
The funds provided under the peer-reviewed cancer research
program shall be used only for the purposes listed above. The
Committee 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
ensuring 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 collaborations leverage the knowledge,
infrastructure and access to clinical populations that the
partners bring to the research effort. Additionally, promoting
these collaborations provides a valuable recruitment and
retention incentive for military medical and research
personnel. The Committee encourages the Commanding General,
United States Army Medical Research and Development Command, to
continue to emphasize the importance of these collaborations
between 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 Department of Defense and Service medical requirements
and to continue prior year initiatives that are close to
achieving their objectives 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 Committee directs
the Assistant Secretary of Defense (Health Affairs) to submit a
report not later than 180 days after the enactment 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.
Research 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
fatalities, 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 address 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 oxygen generation
systems; medical simulation technology; sleep disorders;
Myalgic Encephalomyelitis/Chronic Fatigue Syndrome; preventing
and relieving service-related arthritis; telemedicine; and
infectious diseases.
Additionally, the Committee is concerned with the lack of
standardization 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 enactment of this Act, to provide a briefing
to the congressional defense committees on the coordination
between the Defense Health Agency 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
Department of Defense and the Department of Veterans Affairs
are undertaking 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
System, including the deployment of the Department of Defense's
electronic health record system, MHS GENESIS. As sustainment
continues at sites where MHS GENESIS is currently operating,
delays in future deployments are expected. Though the
Department of Defense 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 successfully 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 infrastructure required to
complete the deployment of the electronic health record system,
including the timeline to complete installation, and costs
associated if the Department accelerated the deployment
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 evaluation of change management strategies and
training programs related 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
Defense 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
Interagency Program Office (IPO) to continue to provide
quarterly reports on the progress of interoperability between
the two Departments to the House and Senate Defense
Appropriations Subcommittees and the House and Senate Military
Construction, Veterans Affairs, and Related Agencies
Appropriations Subcommittees. The Program Executive Office
(PEO) for Defense Healthcare Management 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 program; and
schedule of the program, to include milestones, knowledge
points, and acquisition timelines, as well as quarterly
obligation reports. The Committee directs the PEO DHMS to
continue briefing the House and Senate Defense Appropriations
Subcommittees 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
Authorization 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 restructuring in such a way that minimizes risk
for servicemembers and beneficiaries.
Prior to implementation, both medical readiness and
healthcare benefits were intertwined, managed by the Service
Surgeons General. 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 management of the military
treatment facilities transitioning from the Services to the
Defense Health Agency; descoping military treatment facilities;
and the Department's evaluation that fewer military medical
providers in non-combat critical specialties may be required.
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 uncertain due to COVID-19 and the Committee
acknowledges the difficulty 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
implementation, and the Committee is unsatisfied with the
Department's inadequate responses to Committee inquiries.
Additionally, in order to start accounting for the funding
and details 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 readiness related
care and healthcare benefits beginning with the fiscal year
2021 budget submission. In the fiscal year 2021 budget request,
medical readiness was budgeted for in the Services' operation
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 submitted was a Defense Health Program budget that
transferred $1,891,488,000 to Service medical readiness
activities and the Services' operation and maintenance budgets
that struggled to provide the level of detail that the
Committee requires to evaluate these activities. 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 criteria, 50 were identified for a change of scope,
while an additional six await a final decision. In the majority
of the 50 military treatment facilities, healthcare services
would be reduced or eliminated, and, in many cases, non-
servicemember beneficiaries would have to find new providers in
the TRICARE network. The Committee questions several of the
assumptions made about the quality and accessibility of private
sector care, the cost of changing the venue of care, and the
relationship to other restructuring efforts, such as reducing
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 congressional 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 providers,
and benefits or risks to the served population.
REDUCTION OF MILITARY BILLETS
The fiscal year 2020 budget request included a proposal to
decrease 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 adequately 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 remain 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 request 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
capability of both military and civilian medical care in the
shadow of the novel coronavirus pandemic, the Committee expects
the Secretary of Defense, the Service Secretaries, and the
Service Surgeons General will reevaluate the military medical
personnel required to respond to all operational requirements,
including in support 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
readiness funding and activities transferred from the Defense
Health Program budget into the Services' operation and
maintenance and research, development, test and evaluation
accounts. In the Department of Defense Appropriations Act,
2020, the Department was directed to provide separate budget
justification for medical readiness and the healthcare benefit;
it was not the intent of the Committee 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 accounts for medical readiness, and while the
Committee is supportive of the military departments' ability to
better manage and plan for readiness requirements holistically,
the Services must provide adequate details for congressional
oversight. Therefore, the Committee directs the Service
Secretaries to account for medical readiness activities in
financial management systems and to submit a quarterly report
on the execution of medical readiness activities. The reports
shall be consolidated and submitted with the Defense Health
Program quarterly reports. Additionally, the Committee directs
the Under Secretary of Defense (Comptroller), in coordination
with the Service Secretaries, Assistant Secretary of Defense
(Health Affairs), and the Director of the Defense Health
Agency, to submit a comprehensive, consolidated, and detailed
Unified 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 understanding 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 Committee
encourages the Director, Congressionally Directed Medical
Research Program to partner with outside experts and other
federal agencies, as appropriate, to achieve representation of
the demographics of the United States population in these
trials.
PANCREATIC CANCER EARLY DETECTION
The Committee recommendation includes $10,000,000 for
pancreatic cancer research. Despite being the third leading
cause of cancer-related death in the United States, early
detection of pancreatic cancer requires additional research.
The Committee encourages the Director, Congressionally Directed
Medical Research Program, to expand early detection research
for pancreatic cancer, to include the prevalence in pre-
diabetic and diabetic individuals, as well as those in
underserved ethnic and minority communities.
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
generally struggle with addiction, or those servicemembers who
have family members that struggle with addiction are often not
positioned to dedicate themselves entirely to the required
military mission. The Committee encourages the Assistant
Secretary of Defense (Health Affairs) to prioritize
congressionally directed medical research 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
Commander 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 Assistant Secretary of Defense (Health
Affairs) to collaborate with research institutions currently
investigating treatment strategies for PTSD resulting from
sexual trauma.
TRAUMATIC BRAIN INJURY
The Committee recognizes that traumatic brain injury (TBI),
including 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 recently, 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 injury and psychological health,
the Committee believes additional efforts would help advance
the understanding of TBI injuries sustained 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 uniform traumatic brain injury baseline
testing for all new recruits across each military Service. The
plan shall provide for a screening 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 Secretary 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
Committee is encouraged by research and development initiatives
to advance expeditionary, non-invasive medical devices for
analyzing the full spectrum of traumatic brain injuries that
have received clearance by the Food and Drug Administration.
Portable devices capable of rapidly providing a comprehensive
and objective clinical picture should be fully utilized to
effectively enable clinicians to identify 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
Department 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 leverage partnerships with academia and the
private sector to support long-term studies of traumatic brain
injuries to gain a deeper understanding, 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
examining the increased risk of certain conditions after an
individual experiences TBI. The Committee is aware of research
into the relationship between traumatic brain injury and
neurodegenerative diseases, such as chronic traumatic
encephalopathy and Parkinson'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 follow 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
Cancer 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 Information 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 implemented at Walter Reed, with the
potential to expand to other facilities in the military health
system. The Committee encourages 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 understanding 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 congressional defense committees not later than
90 days after the enactment 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,
clinical psychologists, and psychiatrists. The Committee
directs the Assistant Secretary of Defense (Health Affairs), in
coordination with the Service Surgeons General, to brief the
House and Senate Appropriations Committees not later than 180
days after the enactment 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 increases,
use of special and incentive pays, and the pipeline development
of increasing the number of professionals in this field through
scholarships or programs through the Uniformed Services
University.
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, especially 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 Committee encourages the Director of
the Defense Health Agency to take necessary steps to ensure in-
patient care is available at a military treatment facility
within 20 miles of each Armed Forces Retirement Home.
OUTDOOR RECREATION FOR MILITARY FAMILIES
The Committee honors the service and sacrifice of military
spouses and their children and recognizes the psychological and
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 parents.
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 inclusion 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
research community to better understand chronic diseases
through biorepositories which store and catalogue medical
tissue for scientific understanding. Collecting and cataloguing
samples from a diverse population allows the medical community
to perform research 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 collected from a diverse
population.
GLOBAL HEALTH SECURITY PREPAREDNESS
The Committee continues to support Department of Defense
contributions to biosecurity and the global health security
agenda. The Department possesses unique capabilities that
contribute to interagency efforts to prevent, detect, and
respond to outbreaks of infectious disease worldwide. Response
to global public health threats such as pandemic influenza,
Ebola, and COVID-19 requires a robust national approach across
all federal agencies and private partners. 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 disease 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
Department of Veterans Affairs, to submit a report to the House
and Senate Appropriations Committees not later than 90 days
after the enactment of this Act on the costs to each Department
to treat servicemembers and veterans with Amyotrophic Lateral
Sclerosis.
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 personalized 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 biomedical 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 concerned that not enough attention has been
placed on medical capabilities 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 partnerships 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 location 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 members 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 allocation
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
report 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 capability 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 better 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 requiring medical
surge capability and capacity. The Committee further expects
the fiscal year 2022 budget submission to include sufficient
funding for the pilot program.
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 -47,400
year 2020 for southwest border barrier construction...........
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, 769,629 746,223 -23,406
DEFENSE...................................................
----------------------------------------------------------------------------------------------------------------
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 commands 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 recommendation 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 Department of Defense has reallocated $47,400,000 from
Counter-Narcotics Support for activities that were neither
requested by the Department 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 programs 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
understands that the Department of Defense delayed transfers
from this account to other appropriations for months while
estimates for border construction were being developed. In lieu
of the intended source, other appropriations were used to
implement programs normally funded under this heading. The
Committee expects the Secretary of Defense to ensure that
funding provided under this heading 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
barrier construction, and section 8134 prohibits funds in this
Act from being used for that purpose. Moreover, section 8135 of
the Act returns any unobligated funds, which were transferred
by the Department 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 encourages the administrators of the National Guard
Counter-Drug program to continue their coordination with
communities, regions, and other organizations to help alleviate
the national drug problem. The Committee notes the
recommendations contained in Government Accountability Office
report 19-27 and encourages the Chief of the National Guard
Bureau to issue guidance on the operation and administration of
the National Guard Counterdrug Program 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
----------------------------------------------------------------------------------------------------------------
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 Reconnaissance Office, the
National Security Agency, the National Geospatial-Intelligence
Agency, the intelligence services of the Departments of the
Army, Navy, and Air Force, and the CIA Retirement 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 directions in the classified annex
accompanying the Department of Defense 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 establishment 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.
TITLE VIII
GENERAL PROVISIONS
Title VIII of the accompanying bill includes 139 general
provisions. 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
payment 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
establishment 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 authority 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
obligation of funds for humanitarian and civic assistance
costs.
Section 8012 has been amended and 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.
Section 8013 prohibits funding from being used to influence
congressional 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.
Section 8015 provides for the transfer of funds
appropriated in title III of this Act for the Department of
Defense Pilot Mentor-Protege 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 surplus firearms and small arms ammunition
or ammunition components.
Section 8019 provides a limitation on funds being used for
the relocation of any Department of Defense entity into or
within the National Capital Region.
Section 8020 has been amended and provides for incentive
payments 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
Activity may be used for national or international political or
psychological activities.
Section 8022 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 Government of Kuwait.
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 Research and Development Centers (FFRDC), with certain
limitations, 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 Subcommittees 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, of relocatable housing units that are excess to
the needs of the Air Force.
Section 8032 provides authority to use operation and
maintenance 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
operation and maintenance appropriations for the Asia Pacific
Regional Initiative Program.
Section 8034 prohibits the sale of tobacco products in
military resale outlets below the most competitive price in the
local community.
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
remain available for obligation beyond the current fiscal year
except for funds appropriated for the Reserve for
Contingencies, the Working Capital Fund, or other programs as
specified.
Section 8037 provides for the availability of funds for the
mitigation of environmental impacts on Indian lands resulting
from Department 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 performance an activity or function of the
Department of Defense unless 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
Other Procurement, Army:
Spider family of networked munitions.......... 10,878,000
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 74,286,000
block 1......................................
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 150,000,000
Agency Working Capital Fund..................
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, Army Reserve, and Air Force Reserve unless such
reductions are a direct result of a reduction in military force
structure.
Section 8043 has been amended and prohibits funding from
being obligated or expended for assistance to the Democratic
People's Republic 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 provide 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
procurement of ball and roller bearings other than those
produced by a domestic 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 bonuses 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 organizations 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 balances 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, reimbursable 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 repairs or maintenance to military family housing units.
Section 8058 provides obligation authority for new starts
for advanced concept technology demonstration projects only
after notification 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 Defense System.
Section 8061 prohibits the use of funds made available 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.
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
Maintenance, Army to other activities of the federal government
for classified purposes.
Section 8064 has been amended and prohibits funding to
separate, or to consolidate from within, the National
Intelligence Program 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
support services.
Section 8069 has been amended and provides funding and
transfer 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 specifically authorized by Congress for purposes of section
504 of the National Security Act of 1947 until the enactment of
the Intelligence 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 notification.
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 nuclear 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
disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve.
Section 8077 prohibits funding from being used for the
integration of foreign intelligence information unless the
information has been lawfully collected and processed during
conduct of authorized foreign intelligence activities.
Section 8078 prohibits funding from being used to transfer
program authority relating to current tactical unmanned aerial
vehicles from the Army and requires the Army to retain
responsibility for and operational control of the MQ-1C
Unmanned Aerial Vehicle.
Section 8079 has been amended and limits the availability
of funding provided for the Office of the Director of National
Intelligence beyond the current fiscal year, except for funds
appropriated for research and technology, which shall remain
available for the current and the following fiscal years.
Section 8080 provides limitations on the Shipbuilding and
Conversion, Navy appropriation.
Section 8081 has been amended and 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 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
reprogramming 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 expenditure through a reprogramming or transfer
of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)).
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 operation 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 Defense 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
required 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 Affairs Medical Facility Demonstration Fund.
Section 8092 prohibits the use of funds providing certain
missile defense information to certain entities.
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
National Intelligence with general transfer authority with
certain limitations.
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 cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to Rosoboronexport, except
under certain conditions.
Section 8097 prohibits the use of funds for the purchase or
manufacture 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
budgetary resources to the jurisdiction of another Federal
agency not financed 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
counterterrorism 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
Development Account.
Section 8106 prohibits the use of funds for gaming or
entertainment that involves nude entertainers.
Section 8107 prohibits the use of funding for information
technology 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
Secretary of Education, to make grants to construct, renovate,
repair, or expand elementary and secondary public schools on
military installations.
Section 8111 provides guidance on the implementation of the
Policy 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 configuration.
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 Capital Fund shall be excluded from the calculation of
cumulative advance 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
military personnel may be used for expenses for members of the
Space Force.
Section 8120 is new and requires the Director of the
Defense Security Cooperation Agency to submit a spend plan.
Section 8121 has been amended and reduces funding due to
favorable 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
exclude 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 provide 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 report on deployed personnel by each geographic combatant
command.
Section 8127 is new and requires the Secretary of Defense
to provide 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, laboratory and medical equipment, and medical supplies.
Section 8129 is new and prohibits funds for the development
and design of certain future naval ships unless any contract
specifies that all hull, mechanical, and electrical components
are manufactured 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
provide 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
requirements in section 365 of H.R. 7120 limiting the transfer
of Department 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 produces any yield. This section does not limit
science-based stockpile stewardship activities consistent with
the zero-yield standard or requirements 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
Department of Defense for fiscal year 2020 that were
transferred by the Department and remain unobligated be
returned to the original accounts.
Section 8136 is new and limits the use of active armed
forces on the southern border unless the costs are reimbursed
by the requesting 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 request funding levels or initiatives for the Department
of Energy.
Section 8139 is new and provides funding for renaming Army
installations, facilities, roads, and streets named after
confederate leaders and officers.
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 Balanced Budget and Emergency
Deficit Control Act of 1985. A detailed review of the Committee
recommendation for programs funded 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
building capacity efforts. The Committee directs the Secretary
of Defense 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
updated 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 report required by House Report 115-769 under the heading
``Report on U.S. Defense Assistance to Saudi Arabia and United
Arab Emirates Coalition in Yemen'' not later than 60 days after
the enactment of this Act. Such report shall include an
assessment of the current conflict and a detailed description
of any United States assistance provided to or involvement with
the operations of the coalition; a description of United States
military, Department of Defense 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 security relationship after more than 17 years.
Accordingly, the Committee directs the Secretary of Defense, in
coordination with the Secretary of State, to undertake a
comprehensive review and assessment 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 delivery and
management of such assistance, including through Office of
Security Cooperation-Iraq. The results of the review and
assessment 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 programs 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 funding changes
between named operations do not require further justification
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 requested. Such information should be
included in unclassified form but may be accompanied by a
classified annex to the budget submission. 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
recommendation for each military personnel account is as
follows:
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:
GUANTANAMO BAY DETENTION FACILITY
The Committee is concerned with the extraordinary costs
associated 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 directs 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 associated with the
facility during the last two fiscal years and planned for
fiscal year 2021, by program, account, and activity; and
recommendations to reduce such costs over the next three fiscal
years. The Committee directs that the fiscal year 2022 budget
request include 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 Committee
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
Security 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
resources 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
Maintenance, 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
unobligated 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 coalition 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, including the current level of violence and
with respect to intra-Afghan negotiations. Irrespective of the
outcome of these efforts, the Committee believes that certain
conditions must be in place for United States assistance under
this heading to continue. Accordingly, the Committee
recommendation provides that funds appropriated under this
heading for the Afghanistan Security Forces may only be
obligated if the Secretary of Defense, in consultation with the
Secretary of State, certifies in writing to the congressional
defense committees that such forces are controlled by a
civilian, representative government that is protecting human
rights and women's rights and preventing terrorists and
terrorist groups from using the territory of Afghanistan to
threaten the security of the United States and United States
allies.
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 Afghanistan National Security Forces or the
Afghanistan Air Force.
The Committee recommendation includes funding for
Afghanistan security personnel at their current levels, rather
than authorized levels. The recommendation fully funds the
request for the Afghanistan Personnel and Pay System and
provides funding only for personnel who are enrolled in the
system. The Committee also supports the use of identification
cards, biometrics, and other measures to prevent fraud. The
Committee 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 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
Afghanistan National Security Forces, and the recruitment and
training of female security personnel, which is twice the
amount specified 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
reduce 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 additional 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
conditions-based withdrawal of United States and coalition
forces from Afghanistan. Not later than 30 days after the
enactment of this Act 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
reconciliation activity that includes the participation of
members of the Government of Afghanistan, does not restrict the
participation of women, and is authorized by section 1218 of
the National Defense Authorization Act for Fiscal Year 2020.
The Committee is concerned about reports that Russian
military intelligence units secretly offered bounties to
Taliban-linked militants 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 activities
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 Administration in response.
The Committee notes the recent statements made by the
Administration 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 heading for such purposes. The Committee notes the
January 2020 decision by the Government Accountability Office
regarding the withholding 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
significant 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
Coalition to Defeat the Islamic State of Iraq and Syria (ISIS)
to liberate the territory once controlled by that terrorist
organization. Nevertheless, the Committee is concerned by the
continued threat of ISIS and the potential for ISIS to
regenerate. The Committee recommendation 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, including the requirement for the Secretary
of Defense to notify the congressional defense committees not
fewer than 15 days prior to obligating funds. The Committee
directs that such notifications include a description of the
amount, type, and purpose of assistance to be funded and the
recipient of the assistance; the budget and implementation
timeline, with milestones and anticipated delivery schedule for
such assistance; and a description of any material misuse 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
Security Forces directly engaged in such efforts. The Committee
recommendation 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 capabilities 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
report to the congressional defense committees not later than
90 days after the enactment of this Act on measures taken to
minimize civilian casualties and mitigate any negative impacts
on the civilian population from the defeat ISIS campaign,
including through training 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
renovation, and construction for facility fortification and
humane treatment. 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 assistance for construction for facility
fortification. The Committee directs that any congressional
notification submitted for facility fortification 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 with
the House and Senate Appropriations Committees prior to
submitting a notification for such projects.
PROCUREMENT
The Committee recommends an additional appropriation of
$6,473,543,000 for Procurement. The Committee recommendation
for each procurement account is as follows:
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
components 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 procure 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 procurement 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 priority consideration given to the following
items: acoustic hailing devices; 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 access solution; modular
small arms ranges and small arms training simulators and tools;
radiological screening portals; training systems 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:
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
recommendation 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 otherwise 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 Security Forces Fund may be obligated at the time a
construction contract is awarded.
Section 9004 provides for the procurement of passenger
motor vehicles 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
limitations.
Section 9006 provides lift and sustainment to coalition
forces supporting military and stability operations in Iraq and
Afghanistan.
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, Inhuman 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 defense 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
additional 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
notification when a foreign base is open or closed.
Section 9025 has been amended and provides funds to the
Department of Defense to improve near-term intelligence,
surveillance, and reconnaissance capabilities.
(RESCISSIONS)
Section 9026 has been amended and provides for the
rescission of $1,446,400,000 from the following programs:
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
contingency 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 enactment 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
requirements 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 performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
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 $14,250,000
Vehicles, Army, 2019/2021.....................
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 20,000,000
Security Cooperation Account, 2020/2021.......
Procurement of Weapons and Tracked Combat 93,840,000
Vehicles, Army, 2020/2022.....................
Other Procurement, Army, 2020/2022............. 10,878,000
Aircraft Procurement, Navy, 2020/2022.......... 351,009,000
Shipbuilding and Conversion, Navy: TAO Fleet 73,000,000
Oiler AP, 2020/2024...........................
Shipbuilding and Conversion, Navy: CVN 13,100,000
Refueling Overhauls, 2020/2024................
Other Procurement, Navy, 2020/2022............. 60,920,000
Procurement, Marine Corps, 2020/2022........... 33,539,000
Aircraft Procurement, Air Force, 2020/2022..... 439,458,000
Missile Procurement, Air Force, 2020/2022...... 24,500,000
Other Procurement, Air Force, 2020/2022........ 11,226,000
Research, Development, Test and Evaluation, 310,622,000
Army, 2020/2021...............................
Research, Development, Test and Evaluation, 70,000,000
Navy, 2020/2021...............................
Research, Development, Test and Evaluation, Air 219,341,000
Force, 2020/2021..............................
Research, Development, Test and Evaluation, 323,231,000
Defense-Wide, 2020/2021.......................
Defense Working Capital Fund: Defense 150,000,000
Counterintelligence and Security Agency
Working Capital Fund, 2020/20XX...............
Overseas Contingency Operations/Global War on
Terrorism:
Aircraft Procurement, Air Force, 2019/2021..... $16,400,000
Operation and Maintenance, Defense-Wide: 80,000,000
Defense Security Cooperation Account, 2020/
2021..........................................
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 transfer 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 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, Defense-Wide'' 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, Formerly Used Defense Sites'' 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 ``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'' appropriation and the operation and maintenance
appropriation accounts.
Language has been included under ``General Provisions, Sec.
8015'' which provides for the transfer of funds from the
Department of Defense Pilot Mentor-Protege Program to any other
appropriation for the purposes of implementing a Mentor-Protege
Program 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 eligible organizations and activities
outside the Department of Defense.
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 Service 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 increases.
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 established for Fisher Houses and
Suites.
Language has been included under ``General Provisions, Sec.
8091'' which provides for the transfer of funds appropriated
for operation and maintenance for the Defense Health Program to
the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund.
Language has been included under ``General Provisions, Sec.
8094'' which provides for the transfer of funds for the
National Intelligence 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 between the appropriations or funds made
available to the Department of Defense in title IX, subject to
certain conditions.
Language has been included under title IX ``General
Provisions, Sec. 9025'' which provides for the transfer of
funds to the operation and maintenance, military personnel, and
procurement accounts, to improve the intelligence,
surveillance, and reconnaissance capabilities of the Department
of Defense.
EARMARK DISCLOSURE STATEMENT
Neither the bill nor the report contains any congressional
earmarks, 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 omitted 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.
[Whereas, on September 11, 2001, acts of treacherous violence
were committed against the United States and its
citizens; and
[Whereas, such acts render it both necessary and appropriate
that the United States exercise its rights to self-
defense and to protect United States citizens both at
home and abroad; and
[Whereas, in light of the threat to the national security and
foreign policy of the United States posed by these
grave acts of violence; and
[Whereas, such acts continue to pose an unusual and
extraordinary threat to the national security and
foreign policy of the United States; and
[Whereas, 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
[Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
[SECTION 1. SHORT TITLE.
[This joint resolution may be cited as the ``Authorization
for Use of Military Force''.
[SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
[(a) In General.--That the President is authorized to use
all necessary and appropriate force against those nations,
organizations, 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 future acts of international terrorism
against the United States by such nations, organizations or
persons.
[(b) War Powers Resolution Requirements.--
[(1) Specific statutory authorization.--Consistent
with section 8(a)(1) of the War Powers Resolution, the
Congress declares that this section is intended to
constitute specific statutory authorization within the
meaning of section 5(b) of the War Powers Resolution.
[(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.
[Whereas in 1990 in response to Iraq's war of aggression
against and illegal occupation of Kuwait, the United
States forged a coalition 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;
[Whereas 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 eliminate its nuclear, biological, and
chemical weapons programs and the means to deliver and
develop them, and to end its support for international
terrorism;
[Whereas the efforts of international weapons inspectors,
United States intelligence agencies, and Iraqi
defectors led to the discovery 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;
[Whereas Iraq, in direct and flagrant violation of the cease-
fire, attempted 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 withdrawal
of inspectors from Iraq on October 31, 1998;
[Whereas in Public Law 105-235 (August 14, 1998), Congress
concluded that Iraq's continuing weapons of mass
destruction programs threatened vital United States
interests and international 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 obligations'';
[Whereas Iraq both poses a continuing threat to the national
security of the United States and international peace
and security in the Persian Gulf region and remains in
material and unacceptable breach of its international
obligations by, among other things, continuing to
possess and develop a significant chemical and
biological weapons capability, actively seeking a
nuclear weapons capability, and supporting and
harboring terrorist organizations;
[Whereas Iraq persists in violating resolution of the United
Nations Security Council by continuing to engage in
brutal repression of its civilian population thereby
threatening international peace and security in the
region, by refusing to release, repatriate, or account
for non-Iraqi citizens wrongfully detained by Iraq,
including an American serviceman, and by failing to
return property wrongfully seized by Iraq from Kuwait;
[Whereas the current Iraqi regime has demonstrated its
capability and willingness to use weapons of mass
destruction against other nations and its own people;
[Whereas 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 President Bush and by firing on many
thousands of occasions on United States and Coalition
Armed Forces engaged in enforcing the resolutions of
the United Nations Security Council;
[Whereas members of al Qaida, an organization bearing
responsibility for attacks on the United States, its
citizens, and interests, including the attacks that
occurred on September 11, 2001, are known to be in
Iraq;
[Whereas Iraq continues to aid and harbor other international
terrorist organizations, including organizations that
threaten the lives and safety of United States
citizens;
[Whereas 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 organizations;
[Whereas Iraq's demonstrated capability and willingness to use
weapons of mass destruction, the risk that the current
Iraqi regime will either employ those weapons to launch
a surprise attack against the United States or its
Armed Forces or provide them to international
terrorists who would do so, and the extreme 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;
[Whereas United Nations Security Council Resolution 678 (1990)
authorizes the use of all necessary means to enforce
United Nations Security Council Resolution 660 (1990)
and subsequent relevant resolutions and to compel Iraq
to cease certain activities that threaten international
peace and security, including 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);
[Whereas 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'';
[Whereas 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 consistent with the Authorization of Use
of Military Force Against Iraq Resolution (Public Law
102-1),'' that Iraq's repression of its civilian
population violates United Nations Security 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'';
[Whereas the Iraq Liberation Act of 1998 (Public Law 105-338)
expressed 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 democratic government to replace
that regime;
[Whereas on September 12, 2002, President Bush committed the
United States to ``work with the United Nations
Security Council 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'';
[Whereas 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 destruction in direct
violation of its obligations under the 1991 cease-fire
and other United Nations Security Council resolutions
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;
[Whereas 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, including those nations,
organizations, or persons who planned, authorized,
committed, or aided the terrorist attacks that occurred
on September 11, 2001, or harbored such persons or
organizations;
[Whereas the President and Congress are determined to continue
to take all appropriate actions against international
terrorists and terrorist organizations, including those
nations, organizations, or persons who planned,
authorized, committed, or aided the terrorist attacks
that occurred on September 11, 2001, or harbored such
persons or organizations;
[Whereas 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
[Whereas it is in the national security interests of the United
States to restore international peace and security to
the Persian Gulf region: Now, therefore, be it
[Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
[SECTION 1. SHORT TITLE.
[This joint resolution may be cited as the ``Authorization
for Use of Military Force Against Iraq Resolution of 2002''.
[SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.
[The Congress of the United States supports the efforts by
the President to--
[(1) strictly enforce through the United Nations
Security Council all relevant Security Council
resolutions regarding Iraq and encourages him in those
efforts; and
[(2) obtain prompt and decisive action by the
Security Council 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.
[SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
[(a) Authorization.--The President is authorized to use the
Armed Forces of the United States as he determines to be
necessary and appropriate in order to--
[(1) defend the national security of the United
States against the continuing threat posed by Iraq; and
[(2) enforce all relevant United Nations Security
Council resolutions regarding Iraq.
[(b) Presidential Determination.--In connection with the
exercise 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 authority, make available to the Speaker of the
House of Representatives and the President pro tempore of the
Senate his determination that--
[(1) reliance by the United States on further
diplomatic or other peaceful means alone either (A)
will not adequately protect the national security of
the United States against the continuing threat posed
by Iraq or (B) is not likely to lead to enforcement of
all relevant United Nations Security Council
resolutions regarding Iraq; and
[(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 terrorist organizations,
including those nations, organizations, or persons who
planned, authorized, committed or aided the terrorist
attacks that occurred on September 11, 2001.
[(c) War Powers Resolution Requirements.--
[(1) Specific statutory authorization.--Consistent
with section 8(a)(1) of the War Powers Resolution, the
Congress declares that this section is intended to
constitute specific statutory authorization within the
meaning of section 5(b) of the War Powers Resolution.
[(2) Applicability of other requirements.--Nothing in
this joint resolution supersedes any requirement of the
War Powers Resolution.
[SEC. 4. REPORTS TO CONGRESS.
[(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 exercise of authority granted in
section 3 and the status of planning for efforts that
are expected to be required after such actions are
completed, including those actions described in section
7 of the Iraq Liberation Act of 1998 (Public Law 105-
338).
[(b) Single Consolidated Report.--To the extent that the
submission of any report described in subsection (a) coincides
with the submission of any other report on matters relevant to
this joint resolution 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 consolidated report to the Congress.
[(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 report 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 ongoing 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
virtually 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 authorizing legislation does not presently authorize
each extended availability.
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 Program, of which not less than
$4,500,000 shall be available for centers.
Language is included that prohibits the consolidation of
certain legislative affairs or liaison offices.
Language is included that makes available $17,732,000 for
certain classified activities, allows such funds to be
transferred between certain accounts, and exempts such funds
from the investment item unit cost ceiling.
Language is included that makes funds available to provide
support to foreign security forces and other groups, and makes
a portion of the funds available for two years.
Language is included that limits the use of funds for
official representation 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 Account.
Language is included that provides for specific
construction, acquisition, 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 components for the construction or
conversion of any naval vessel, in foreign facilities or
shipyards.
Language is included under the heading ``Shipbuilding and
Conversion, Navy'' that allows funds to be available for
multiyear procurement 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
certain items and the submission of modernization priority
assessments.
Language is included under the heading ``Research,
Development, 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 provided 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
Program'' 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 provided under the heading ``Chemical Agents and
Munitions Destruction, Defense''.
Language is included that specifies the use of certain
funds provided under the heading ``Drug-Interdiction and
Counter-Drug Activities, Defense''.
Language is included that provides that no funds made
available in this Act may be used for publicity or propaganda
purposes not authorized by Congress.
Language is included that provides for conditions and
limitations on the payment of compensation to, or employment
of, foreign nationals.
Language is included that 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 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
authority 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
appropriated 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 procurement 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 submission.
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
compensation 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 appropriated in title III of this Act for the Department
of Defense Pilot Mentor-Protege Program.
Language is included that provides for the Department of
Defense 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.
Language is included that prohibits the use of funds made
available to the Department of Defense to demilitarize or
destroy surplus firearms or small arms ammunition except under
certain circumstances.
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
authorized 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 Government 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 Patrol 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
Defense 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
committees for the purposes of this Act.
Language is included that provides for competitions between
private firms and Department of Defense Depot Maintenance
Activities for modification, depot maintenance, and repair of
aircraft, vehicles, 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
Investment 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
operation 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 and maintenance appropriations for the Asia Pacific
Regional Initiative Program.
Language is included that provides for the issuance of
regulations placing certain limitations on the sale of tobacco
products in military resale outlets.
Language is included that limits the purchase of specified
investment items with Working Capital Funds.
Language is included that provides that none of the funds
appropriated for the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year except
for funds appropriated 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
Maintenance, Defense-Wide'' shall be for mitigation of
environmental impacts on Indian lands resulting from Department
of Defense activities.
Language is included that provides for the Department of
Defense 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 Department 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
available 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 structure.
Language is included that prohibits the use of funds made
available 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 support to the Combatant Commands, Defense
Agencies, and Joint Intelligence 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 transferred to other agencies.
Language is included that prohibits the use of funds
appropriated by this Act for the procurement of ball and roller
bearings other than those produced by a domestic source and of
domestic origin.
Language is included to provide funding to make grants to
specified entities upon determination by the Secretary of
Defense that such grants serve the national interest.
Language is included that provides for the Department of
Defense to purchase supercomputers manufactured only in the
United States with an exception for certain circumstances.
Language is included to allow for Small Business Innovation
Research program and Small Business Technology Transfer program
setasides.
Language is included that prohibits the use of funds made
available 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
Defense 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 inventory requirements.
Language is included that provides for a waiver by the
Secretary of Defense of ``Buy America'' provisions for certain
cooperative programs.
Language is included that prohibits the use of funds made
available in this Act for repairs or maintenance to military
family housing 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 obligated or expended only after notification to the
congressional defense 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 Ballistic 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 consideration in cases of personal property leases of
one year or less to certain organizations specified by section
508(d) of title 32, United States Code.
Language is included that provides for the transfer of
funds made available in this Act under the heading ``Operation
and Maintenance, Army'' to other activities of the Federal
Government for certain purposes.
Language is included that prohibits the modification of the
appropriations account structure or presentation of the budget
request 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
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.
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
operational and administrative control of United States Navy
forces assigned to the Pacific fleet.
Language is included that requires notification for the
rapid acquisition and deployment of supplies and associated
support services to be submitted to congressional defense
committees.
Language is included that provides funding and transfer
authority for the Israeli Cooperative missile defense programs.
Language is included that provides for the availability and
transfer 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 notification.
Language is included that provides that the budget of the
President for fiscal year 2022 shall include separate budget
justification documents for costs of the United States Armed
Forces' participation 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
available in this Act for the research, development, test,
evaluation, procurement, 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
available in this Act to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve.
Language is included that prohibits the use of funds made
available in this Act for the integration of foreign
intelligence information unless the information has been
lawfully collected and processed during conduct of authorized
foreign intelligence activities.
Language is included that prohibits the transfer of program
authorities 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
obligations within the ``Shipbuilding and Conversion, Navy''
appropriation.
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 current fiscal year.
Language is included that requires notification to the
congressional defense committees prior to the use of funds for
support to foreign countries in connection with the conduct of
certain operations.
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
available by this Act for excess defense articles, assistance,
or peacekeeping 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
operation 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
Acquisition Workforce Development Account.
Language is included that provides that agencies post
congressionally directed reports on a public website.
Language is included that provides limitations on the award
of contracts to contractors that require mandatory arbitration
for certain claims as a condition of employment or a
contractual relationship. The Secretary of Defense is
authorized to waive the applicability of these limitations for
national security interests.
Language is included that provides for the availability and
transfer 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
contravention of section 130h of title 10, United States Code.
Language is included that provides for the purchase of
heavy and light armored vehicles for physical security or force
protection purposes.
Language is included that provides transfer authority for
the Director of National Intelligence for the National
Intelligence Program subject to certain limitations.
Language is included that prohibits the use of funds in
contravention 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 purchase 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
National Security Agency for certain activities.
Language is included that prohibits the use of funds made
available in this or any other Act to pay the salary of any
officer or employee who approves or implements the transfer of
certain administrative responsibilities or budgetary resources
unless expressly provided for in Defense Appropriations Acts.
Language is included that makes available certain funds
provided 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
congressional 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 acquisition of certain components unless those components
are manufactured in the United States.
Language is included that prohibits certain transfers from
the Department of Defense Acquisition Workforce Development
Account.
Language is included that prohibits the use of funds made
available by this Act to pay Government Travel Charge Card
expenses for gaming or certain entertainment activities.
Language is included that prohibits funding for computer
networks that do not block pornography, subject to certain law
enforcement and national defense exceptions.
Language is included that prohibits funds to deliver F-35
aircraft to the Republic of Turkey.
Language is included that prohibits the transfer of
Department of Defense funds for certain purposes except in
accordance with reprogramming and transfer procedures.
Language is included that provides additional funds for
purposes of repairing schools on military installations subject
to certain requirements.
Language is included that changes certain time limitations
on embryo cryopreservation and storage.
Language is included that places restrictions on the use of
funding 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 Personnel'' 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 billings.
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
foreign exchange rates.
Language is included that reduces funding due to favorable
fuel costs.
Language is included that prohibits funds from being used
to exclude 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
command.
Language is included that requires the Secretary of Defense
to provide notification before the deployment of security force
assistance 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 specifies that all hull, mechanical, and electrical
components are manufactured in the United States.
Language is included that prohibits funds for the
decommissioning of any Littoral Combat Ships.
Language is included that requires the Secretary of Defense
provide notification of deployments of armed forces to
locations outside the United States.
Language is included that requires any personal property
provided 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 Enforcement 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 produces any yield. This section does not limit
science-based stockpile stewardship activities consistent with
the zero-yield standard or requirements 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
Department 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 requesting agency.
Language is included that provides $50,000,000 for a new
program that will assist communities that surround military
installations 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 request 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
Maintenance, Defense-Wide'' that provides for the use of funds
for certain purposes subject to certain requirements and
requires the submission of certain reports.
Language is included under the heading ``Afghanistan
Security Forces Fund'' that provides for the use of funds for
certain purposes 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
purposes, compliance with vetting standards, management of
contributions, 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
administration costs associated with a construction project
funded with appropriations available for operation and
maintenance or the Afghanistan Security Forces Fund may be
obligated at the time a construction contract is awarded.
Language is included that provides for the availability of
funds to purchase passenger, heavy, and light armored vehicles
notwithstanding price or other limitations on the purchase of
passenger carrying vehicles for use in the U.S. Central Command
area of responsibility.
Language is included that provides funds and authority for
the Commanders' Emergency Response Program and establishes
certain reporting requirements.
Language is included that authorizes the use of funds to
provide certain assistance to coalition forces supporting
military and stability operations in Iraq and Afghanistan and
to counter the Islamic 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
contravention 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
Afghanistan Security Forces Funds and requires certain
certifications.
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 conditions.
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 Government 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-portable air defense systems.
Language is included that provides for $275,000,000 for
assistance to the military and national security forces of
Ukraine for certain purposes and under certain conditions.
Language is included providing for the availability of
funds appropriated in title IX for replacement of items
provided to the Government 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
reimbursement 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.
Language is included that prohibits the use of funds with
respect to Syria in contravention of the War Powers Resolution.
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 notification 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 reconnaissance 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
Terrorism shall be available only if the President subsequently
so designates 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.
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 contain a statement comparing the levels in the
bill to the suballocations submitted under section 302(b) of
the Act for the most recently agreed to concurrent resolution
on the budget for the applicable fiscal year.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation
---------------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee
allocations 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 discretionary 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 requirements 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 accompanying 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 Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
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
Departments of Defense Appropriations Act, 2021:
The Subcommittee on Defense held a closed oversight hearing
on February 6, 2020, entitled ``U.S. Strategic Command.'' The
Subcommittee received testimony from:
Admiral Charles A. Richard, Commander, United States
Strategic Command
The Subcommittee on Defense held a closed oversight hearing
on February 27, 2020, entitled ``U.S. European Command.'' The
Subcommittee 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
Subcommittee received testimony from:
Lieutenant General Robert P. Ashley, Jr., Director, Defense
Intelligence 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
Subcommittee 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
Planning, 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
Subcommittee received testimony from:
Lieutenant General R. Scott Dingle, Surgeon General, United
States Army
Rear Admiral Bruce L. Gillingham, Surgeon General, United
States Navy
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
Subcommittee 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
Subcommittee 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
Subcommittee 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
received 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 Gonzalez-Colon, Member of Congress
The Honorable Brad Wenstrup, Member of Congress
The Honorable Denny Heck, Member of Congress
MINORITY VIEWS
We appreciate the collegial and collaborative efforts of
Full Committee 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 responsibilities enumerated
in the Constitution.
The bill provides funding for many key programs that are
essential 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 maintaining 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 significant 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 defense 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 estimates from the DOD Office of
the Comptroller, a Continuing Resolution 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; immediately repeals the 2002 AUMF; and prohibits
funding for any use of military force in or against Iran unless
Congress has declared war, a new AUMF is enacted, or a
``national emergency'' is created by an attack upon the United
States. The first two provisions repeal 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 provision
simply emboldens Iran and its proxies.
Unfortunately, the Majority rejected Republican amendments
offered 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 striking the language
prohibiting DOD's ability to transfer excess property to state
and local law enforcement agencies. We are also disappointed
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;
prevented 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.