DEPARTMENT OF DEFENSE PARTICIPATION IN THE SPECIAL FEDERAL AVIATION REGULATION WORKING GROUP.

SEC. 154. DEPARTMENT OF DEFENSE PARTICIPATION IN THE SPECIAL FEDERAL AVIATION REGULATION WORKING GROUP. (a) Designation of DoD Representatives.—The Secretary of Defense shall designate the Department of Defense representatives to the Special Federal Aviation Regulation Working Group. (b) Limitation on Availability of Funds for OSD.—Of the aggregate amount authorized to be appropriated by this Act for fiscal year 2021 and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the later of the following: (1) The date on which Secretary certifies, in writing, to the appropriate committees of Congress that the Department representatives to the Special Federal Aviation Regulation Working Group have been designated as required by subsection (a). (2) The date on which the Special Federal Aviation Regulation Working Group submits to the appropriate committees of Congress initial recommendations developed pursuant to subsection (b)(4) of section 1748 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1847). (c) Report on Findings and Recommendations.— (1) In general.—Not later than June 30, 2021, the Special Federal Aviation Regulation Working Group shall submit to the appropriate committees of Congress a report setting forth the findings and recommendations of the Working Group as developed pursuant to subsection (b) of section 1748 of the National Defense Authorization Act for Fiscal Year 2020. (2) Conforming amendments.—Section 1748 of the National Defense Authorization Act for Fiscal Year 2020 is amended— (A) by striking subsection (d); and (B) in subsection (e), by striking “subsection (d)” and inserting “section 154(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021”. (d) Certification in Connection With Contracts With Foreign Companies for Aviation Services Overseas.— (1) In general.—Subject to paragraph (2), the Department of Defense may not enter into a contract with a foreign company as contracted aviation support to provide aviation services in an overseas area unless the Secretary certifies, in writing, to the appropriate committees of Congress each of the following: (A) That the use of foreign companies to provide such services in overseas areas is required for the national security of the United States. (B) That the Department has exhausted all available authorities to use United States companies to provide such services in overseas areas. (2) Sunset.—The requirement in paragraph (1) shall expire on the later of— (A) the date on which the Special Federal Aviation Regulation Working Group submits to the appropriate committees of Congress the report required by subsection (c)(1); and (B) the date on which the Secretary fully implements the recommendations contained in that report. (e) Definitions.—In this section: (1) The term “appropriate committees of Congress” means— (A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives. (2) The term “Special Federal Aviation Regulation Working Group” means the working group established pursuant to section 1748 of the National Defense Authorization Act for Fiscal Year 2020.