II 

117TH CONGRESS 

1ST SESSION S. 3023 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2022, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2021 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

A BILL 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2022, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

Sec. 1. Table of contents. 

Sec. 2. References. 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 

2022 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related Agencies 

Title VIII—General Provisions 


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DIVISION B—ENERGY AND WATER DEVELOPMENT AND RELATED 

AGENCIES—ADDITIONAL APPROPRIATIONS ACT, 2022 

Title I—Corps of Engineers—Civil 

Title II—Department of Energy 

Title III—Independent Agencies 

DIVISION C—MILITARY CONSTRUCTION, VETERANS AFFAIRS— 

ADDITIONAL APPROPRIATIONS ACT, 2022 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—General Provision—This Division 

1 SEC. 2. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

3 to ‘‘this Act’’ contained in any division of this Act shall 

4 be treated as referring only to the provisions of that divi5 sion. 


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1 DIVISION A—DEPARTMENT OF DEFENSE 

2 APPROPRIATIONS ACT, 2022 

3 TITLE I 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 

10 between permanent duty stations, for members of the 

11 Army on active duty (except members of reserve compo12 nents provided for elsewhere), cadets, and aviation cadets; 

13 for members of the Reserve Officers’ Training Corps; and 

14 for payments pursuant to section 156 of Public Law 97– 

15 377, as amended (42 U.S.C. 402 note), and to the Depart16 ment of Defense Military Retirement Fund, 

17 $47,849,194,000. 

18 MILITARY PERSONNEL, NAVY

19 For pay, allowances, individual clothing, subsistence, 

20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel 

23 between permanent duty stations, for members of the 

24 Navy on active duty (except members of the Reserve pro25 vided for elsewhere), midshipmen, and aviation cadets; for 


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1 members of the Reserve Officers’ Training Corps; and for 

2 payments pursuant to section 156 of Public Law 97–377, 

3 as amended (42 U.S.C. 402 note), and to the Department 

4 of Defense Military Retirement Fund, $35,559,079,000. 

5 MILITARY PERSONNEL, MARINE CORPS

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 

10 between permanent duty stations, for members of the Ma11 rine Corps on active duty (except members of the Reserve 

12 provided for elsewhere); and for payments pursuant to sec13 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

14 402 note), and to the Department of Defense Military Re15 tirement Fund, $14,593,112,000. 

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the Air 

22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets; 

24 for members of the Reserve Officers’ Training Corps; and 

25 for payments pursuant to section 156 of Public Law 97– 


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1 377, as amended (42 U.S.C. 402 note), and to the Depart2 ment of Defense Military Retirement Fund, 

3 $35,132,419,000. 

4 RESERVE PERSONNEL, ARMY

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and 

8 7038 of title 10, United States Code, or while serving on 

9 active duty under section 12301(d) of title 10, United 

10 States Code, in connection with performing duty specified 

11 in section 12310(a) of title 10, United States Code, or 

12 while undergoing reserve training, or while performing 

13 drills or equivalent duty or other duty, and expenses au14 thorized by section 16131 of title 10, United States Code; 

15 and for payments to the Department of Defense Military 

16 Retirement Fund, $5,077,037,000. 

17 RESERVE PERSONNEL, NAVY

18 For pay, allowances, clothing, subsistence, gratuities, 

19 travel, and related expenses for personnel of the Navy Re20 serve on active duty under section 10211 of title 10, 

21 United States Code, or while serving on active duty under 

22 section 12301(d) of title 10, United States Code, in con23 nection with performing duty specified in section 12310(a) 

24 of title 10, United States Code, or while undergoing re25 serve training, or while performing drills or equivalent 


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1 duty, and expenses authorized by section 16131 of title 

2 10, United States Code; and for payments to the Depart3 ment of Defense Military Retirement Fund, 

4 $2,299,539,000. 

5 RESERVE PERSONNEL, MARINE CORPS

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Marine 

8 Corps Reserve on active duty under section 10211 of title 

9 10, United States Code, or while serving on active duty 

10 under section 12301(d) of title 10, United States Code, 

11 in connection with performing duty specified in section 

12 12310(a) of title 10, United States Code, or while under13 going reserve training, or while performing drills or equiv14 alent duty, and for members of the Marine Corps platoon 

15 leaders class, and expenses authorized by section 16131 

16 of title 10, United States Code; and for payments to the 

17 Department of Defense Military Retirement Fund, 

18 $810,869,000. 

19 RESERVE PERSONNEL, AIR FORCE

20 For pay, allowances, clothing, subsistence, gratuities, 

21 travel, and related expenses for personnel of the Air Force 

22 Reserve on active duty under sections 10211, 10305, and 

23 8038 of title 10, United States Code, or while serving on 

24 active duty under section 12301(d) of title 10, United 

25 States Code, in connection with performing duty specified 


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1 in section 12310(a) of title 10, United States Code, or 

2 while undergoing reserve training, or while performing 

3 drills or equivalent duty or other duty, and expenses au4 thorized by section 16131 of title 10, United States Code; 

5 and for payments to the Department of Defense Military 

6 Retirement Fund, $2,296,985,000. 

7 NATIONAL GUARD PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under sections 10211, 10302, 

11 or 12402 of title 10 or section 708 of title 32, United 

12 States Code, or while serving on duty under section 

13 12301(d) of title 10 or section 502(f) of title 32, United 

14 States Code, in connection with performing duty specified 

15 in section 12310(a) of title 10, United States Code, or 

16 while undergoing training, or while performing drills or 

17 equivalent duty or other duty, and expenses authorized by 

18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement 

20 Fund, $9,035,677,000. 

21 NATIONAL GUARD PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities, 

23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under sections 10211, 10305, or 

25 12402 of title 10 or section 708 of title 32, United States 


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1 Code, or while serving on duty under section 12301(d) of 

2 title 10 or section 502(f) of title 32, United States Code, 

3 in connection with performing duty specified in section 

4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent 

6 duty or other duty, and expenses authorized by section 

7 16131 of title 10, United States Code; and for payments 

8 to the Department of Defense Military Retirement Fund, 

9 $4,747,296,000. 


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1 TITLE II 

2 OPERATION AND MAINTENANCE 

3 OPERATION AND MAINTENANCE, ARMY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Army, as author6 ized by law, $56,239,985,000: Provided, That not to ex7 ceed $12,478,000 may be used for emergencies and ex8 traordinary expenses, to be expended upon the approval 

9 or authority of the Secretary of the Army, and payments 

10 may be made upon his certificate of necessity for confiden11 tial military purposes. 

12 OPERATION AND MAINTENANCE, NAVY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Navy and the 

15 Marine Corps, as authorized by law, $62,895,758,000: 

16 Provided, That not to exceed $15,055,000 may be used 

17 for emergencies and extraordinary expenses, to be ex18 pended upon the approval or authority of the Secretary 

19 of the Navy, and payments may be made upon his certifi20 cate of necessity for confidential military purposes. 

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance of the Marine Corps, 

24 as authorized by law, $9,313,631,000. 


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1 OPERATION AND MAINTENANCE, AIR FORCE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Air Force, as 

4 authorized by law, $55,619,741,000: Provided, That not 

5 to exceed $7,699,000 may be used for emergencies and 

6 extraordinary expenses, to be expended upon the approval 

7 or authority of the Secretary of the Air Force, and pay8 ments may be made upon his certificate of necessity for 

9 confidential military purposes. 

10 OPERATION AND MAINTENANCE, SPACE FORCE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance of the Space Force, as 

13 authorized by law, $3,556,350,000. 

14 OPERATION AND MAINTENANCE, DEFENSE-WIDE

15 (INCLUDING TRANSFER OF FUNDS)

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance of activities and agen18 cies of the Department of Defense (other than the military 

19 departments), as authorized by law, $45,317,901,000: 

20 Provided, That not more than $3,000,000 may be used 

21 for the Combatant Commander Initiative Fund authorized 

22 under section 166a of title 10, United States Code: Pro23 vided further, That not to exceed $36,000,000 may be 

24 used for emergencies and extraordinary expenses, to be ex25 pended upon the approval or authority of the Secretary 


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1 of Defense, and payments may be made upon his certifi2 cate of necessity for confidential military purposes: Pro3 vided further, That of the funds provided under this head4 ing, not less than $48,000,000 shall be made available for 

5 the Procurement Technical Assistance Cooperative Agree6 ment Program, of which not less than $4,500,000 shall 

7 be available for centers defined in 10 U.S.C. 2411(1)(D): 

8 Provided further, That none of the funds appropriated or 

9 otherwise made available by this Act may be used to plan 

10 or implement the consolidation of a budget or appropria11 tions liaison office of the Office of the Secretary of De12 fense, the office of the Secretary of a military department, 

13 or the service headquarters of one of the Armed Forces 

14 into a legislative affairs or legislative liaison office: Pro15 vided further, That $56,895,000, to remain available until 

16 expended, is available only for expenses relating to certain 

17 classified activities, and may be transferred as necessary 

18 by the Secretary of Defense to operation and maintenance 

19 appropriations or research, development, test and evalua20 tion appropriations, to be merged with and to be available 

21 for the same time period as the appropriations to which 

22 transferred: Provided further, That any ceiling on the in23 vestment item unit cost of items that may be purchased 

24 with operation and maintenance funds shall not apply to 

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1 ther, That of the funds provided under this heading, 

2 $1,963,404,000, of which $1,055,220,000, to remain 

3 available until September 30, 2023, shall be available to 

4 provide support and assistance to foreign security forces 

5 or other groups or individuals to conduct, support or facili6 tate counterterrorism, crisis response, or other Depart7 ment of Defense security cooperation programs: Provided 

8 further, That the transfer authority provided under this 

9 heading is in addition to any other transfer authority pro10 vided elsewhere in this Act. 

11 COUNTER-ISIS TRAIN AND EQUIP FUND

12 For the ‘‘Counter-Islamic State of Iraq and Syria 

13 Train and Equip Fund’’, $492,000,000, to remain avail14 able until September 30, 2023: Provided, That such funds 

15 shall be available to the Secretary of Defense in coordina16 tion with the Secretary of State, to provide assistance, in17 cluding training; equipment; logistics support, supplies, 

18 and services; stipends; infrastructure repair and renova19 tion; construction for facility fortification and humane 

20 treatment; and sustainment, to foreign security forces, ir21 regular forces, groups, or individuals participating, or pre22 paring to participate in activities to counter the Islamic 

23 State of Iraq and Syria, and their affiliated or associated 

24 groups: Provided further, That amounts made available 

25 under this heading shall be available to provide assistance 


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1 only for activities in a country designated by the Secretary 

2 of Defense, in coordination with the Secretary of State, 

3 as having a security mission to counter the Islamic State 

4 of Iraq and Syria, and following written notification to the 

5 congressional defense committees of such designation: 

6 Provided further, That the Secretary of Defense shall en7 sure that prior to providing assistance to elements of any 

8 forces or individuals, such elements or individuals are ap9 propriately vetted, including at a minimum, assessing such 

10 elements for associations with terrorist groups or groups 

11 associated with the Government of Iran; and receiving 

12 commitments from such elements to promote respect for 

13 human rights and the rule of law: Provided further, That 

14 the Secretary of Defense shall, not fewer than 15 days 

15 prior to obligating from this appropriation account, notify 

16 the congressional defense committees in writing of the de17 tails of any such obligation: Provided further, That the 

18 Secretary of Defense may accept and retain contributions, 

19 including assistance in-kind, from foreign governments, 

20 including the Government of Iraq and other entities, to 

21 carry out assistance authorized under this heading: Pro22 vided further, That contributions of funds for the purposes 

23 provided herein from any foreign government or other en24 tity may be credited to this Fund, to remain available until 

25 expended, and used for such purposes: Provided further, 


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1 That the Secretary of Defense shall prioritize such con2 tributions when providing any assistance for construction 

3 for facility fortification: Provided further, That the Sec4 retary of Defense may waive a provision of law relating 

5 to the acquisition of items and support services or sections 

6 40 and 40A of the Arms Export Control Act (22 U.S.C. 

7 2780 and 2785) if the Secretary determines that such pro8 vision of law would prohibit, restrict, delay or otherwise 

9 limit the provision of such assistance and a notice of and 

10 justification for such waiver is submitted to the congres11 sional defense committees, the Committees on Appropria12 tions and Foreign Relations of the Senate and the Com13 mittees on Appropriations and Foreign Affairs of the 

14 House of Representatives: Provided further, That the 

15 United States may accept equipment procured using funds 

16 provided under this heading, or under the heading, ‘‘Iraq 

17 Train and Equip Fund’’ in prior Acts, that was trans18 ferred to security forces, irregular forces, or groups par19 ticipating, or preparing to participate in activities to 

20 counter the Islamic State of Iraq and Syria and returned 

21 by such forces or groups to the United States, and such 

22 equipment may be treated as stocks of the Department 

23 of Defense upon written notification to the congressional 

24 defense committees: Provided further, That equipment 

25 procured using funds provided under this heading, or 


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1 under the heading, ‘‘Iraq Train and Equip Fund’’ in prior 

2 Acts, and not yet transferred to security forces, irregular 

3 forces, or groups participating, or preparing to participate 

4 in activities to counter the Islamic State of Iraq and Syria 

5 may be treated as stocks of the Department of Defense 

6 when determined by the Secretary to no longer be required 

7 for transfer to such forces or groups and upon written 

8 notification to the congressional defense committees: Pro9 vided further, That the Secretary of Defense shall provide 

10 quarterly reports to the congressional defense committees 

11 on the use of funds provided under this heading, including, 

12 but not limited to, the number of individuals trained, the 

13 nature and scope of support and sustainment provided to 

14 each group or individual, the area of operations for each 

15 group, and the contributions of other countries, groups, 

16 or individuals. 

17 OPERATION AND MAINTENANCE, ARMY RESERVE

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance, including training, or20 ganization, and administration, of the Army Reserve; re21 pair of facilities and equipment; hire of passenger motor 

22 vehicles; travel and transportation; care of the dead; re23 cruiting; procurement of services, supplies, and equip24 ment; and communications, $3,008,635,000. 


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Navy Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $1,130,198,000. 

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Marine Corps Re14 serve; repair of facilities and equipment; hire of passenger 

15 motor vehicles; travel and transportation; care of the dead; 

16 recruiting; procurement of services, supplies, and equip17 ment; and communications, $335,450,000. 

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Air Force Reserve; 

22 repair of facilities and equipment; hire of passenger motor 

23 vehicles; travel and transportation; care of the dead; re24 cruiting; procurement of services, supplies, and equip25 ment; and communications, $3,317,106,000. 


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For expenses of training, organizing, and admin4 istering the Army National Guard, including medical and 

5 hospital treatment and related expenses in non-Federal 

6 hospitals; maintenance, operation, and repairs to struc7 tures and facilities; hire of passenger motor vehicles; per8 sonnel services in the National Guard Bureau; travel ex9 penses (other than mileage), as authorized by law for 

10 Army personnel on active duty, for Army National Guard 

11 division, regimental, and battalion commanders while in12 specting units in compliance with National Guard Bureau 

13 regulations when specifically authorized by the Chief, Na14 tional Guard Bureau; supplying and equipping the Army 

15 National Guard as authorized by law; and expenses of re16 pair, modification, maintenance, and issue of supplies and 

17 equipment (including aircraft), $7,705,193,000. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For expenses of training, organizing, and admin20 istering the Air National Guard, including medical and 

21 hospital treatment and related expenses in non-Federal 

22 hospitals; maintenance, operation, and repairs to struc23 tures and facilities; transportation of things, hire of pas24 senger motor vehicles; supplying and equipping the Air 

25 National Guard, as authorized by law; expenses for repair, 


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1 modification, maintenance, and issue of supplies and 

2 equipment, including those furnished from stocks under 

3 the control of agencies of the Department of Defense; 

4 travel expenses (other than mileage) on the same basis as 

5 authorized by law for Air National Guard personnel on 

6 active Federal duty, for Air National Guard commanders 

7 while inspecting units in compliance with National Guard 

8 Bureau regulations when specifically authorized by the 

9 Chief, National Guard Bureau, $6,678,660,000. 

10 UNITED STATES COURT OF APPEALS FOR THE ARMED

11 FORCES

12 For salaries and expenses necessary for the United 

13 States Court of Appeals for the Armed Forces, 

14 $15,589,000, of which not to exceed $15,000 may be used 

15 for official representation purposes. 

16 ENVIRONMENTAL RESTORATION, ARMY

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Army, $299,606,000, to 

19 remain available until transferred: Provided, That the Sec20 retary of the Army shall, upon determining that such 

21 funds are required for environmental restoration, reduc22 tion and recycling of hazardous waste, removal of unsafe 

23 buildings and debris of the Department of the Army, or 

24 for similar purposes, transfer the funds made available by 

25 this appropriation to other appropriations made available 


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1 to the Department of the Army, to be merged with and 

2 to be available for the same purposes and for the same 

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the transfer authority provided 

9 under this heading is in addition to any other transfer au10 thority provided elsewhere in this Act. 

11 ENVIRONMENTAL RESTORATION, NAVY

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Navy, $465,550,000, to 

14 remain available until transferred: Provided, That the Sec15 retary of the Navy shall, upon determining that such 

16 funds are required for environmental restoration, reduc17 tion and recycling of hazardous waste, removal of unsafe 

18 buildings and debris of the Department of the Navy, or 

19 for similar purposes, transfer the funds made available by 

20 this appropriation to other appropriations made available 

21 to the Department of the Navy, to be merged with and 

22 to be available for the same purposes and for the same 

23 time period as the appropriations to which transferred: 

24 Provided further, That upon a determination that all or 

25 part of the funds transferred from this appropriation are 


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1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation: 

3 Provided further, That the transfer authority provided 

4 under this heading is in addition to any other transfer au5 thority provided elsewhere in this Act. 

6 ENVIRONMENTAL RESTORATION, AIR FORCE

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Air Force, $796,568,000, 

9 to remain available until transferred: Provided, That the 

10 Secretary of the Air Force shall, upon determining that 

11 such funds are required for environmental restoration, re12 duction and recycling of hazardous waste, removal of un13 safe buildings and debris of the Department of the Air 

14 Force, or for similar purposes, transfer the funds made 

15 available by this appropriation to other appropriations 

16 made available to the Department of the Air Force, to be 

17 merged with and to be available for the same purposes 

18 and for the same time period as the appropriations to 

19 which transferred: Provided further, That upon a deter20 mination that all or part of the funds transferred from 

21 this appropriation are not necessary for the purposes pro22 vided herein, such amounts may be transferred back to 

23 this appropriation: Provided further, That the transfer au24 thority provided under this heading is in addition to any 

25 other transfer authority provided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of Defense, $8,783,000, to re4 main available until transferred: Provided, That the Sec5 retary of Defense shall, upon determining that such funds 

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

8 and debris of the Department of Defense, or for similar 

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of Defense, to be merged with and to be avail12 able for the same purposes and for the same time period 

13 as the appropriations to which transferred: Provided fur14 ther, That upon a determination that all or part of the 

15 funds transferred from this appropriation are not nec16 essary for the purposes provided herein, such amounts 

17 may be transferred back to this appropriation: Provided 

18 further, That the transfer authority provided under this 

19 heading is in addition to any other transfer authority pro20 vided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, FORMERLY USED

22 DEFENSE SITES

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Army, $218,580,000, to 

25 remain available until transferred: Provided, That the SecVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 retary of the Army shall, upon determining that such 

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe 

4 buildings and debris at sites formerly used by the Depart5 ment of Defense, transfer the funds made available by this 

6 appropriation to other appropriations made available to 

7 the Department of the Army, to be merged with and to 

8 be available for the same purposes and for the same time 

9 period as the appropriations to which transferred: Pro10 vided further, That upon a determination that all or part 

11 of the funds transferred from this appropriation are not 

12 necessary for the purposes provided herein, such amounts 

13 may be transferred back to this appropriation: Provided 

14 further, That the transfer authority provided under this 

15 heading is in addition to any other transfer authority pro16 vided elsewhere in this Act. 

17 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

18 For expenses relating to the Overseas Humanitarian, 

19 Disaster, and Civic Aid programs of the Department of 

20 Defense (consisting of the programs provided under sec21 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

22 United States Code), $110,051,000, to remain available 

23 until September 30, 2023. 


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1 COOPERATIVE THREAT REDUCTION ACCOUNT

2 For assistance, including assistance provided by con3 tract or by grants, under programs and activities of the 

4 Department of Defense Cooperative Threat Reduction 

5 Program authorized under the Department of Defense Co6 operative Threat Reduction Act, $239,849,000, to remain 

7 available until September 30, 2024. 

8 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

9 DEVELOPMENT ACCOUNT

10 For the Department of Defense Acquisition Work11 force Development Account, $56,679,000: Provided, That 

12 no other amounts may be otherwise credited or transferred 

13 to the Account, or deposited into the Account, in fiscal 

14 year 2022 pursuant to section 1705(d) of title 10, United 

15 States Code. 


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1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

10 and such lands and interests therein, may be acquired, 

11 and construction prosecuted thereon prior to approval of 

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

16 foregoing purposes, $2,786,952,000, to remain available 

17 for obligation until September 30, 2024. 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

25 and such lands and interests therein, may be acquired, 


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1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $3,487,796,000, to remain available 

7 for obligation until September 30, 2024. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and 

11 modification of weapons and tracked combat vehicles, 

12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 

14 expansion of public and private plants, including the land 

15 necessary therefor, for the foregoing purposes, and such 

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 

18 procurement and installation of equipment, appliances, 

19 and machine tools in public and private plants; reserve 

20 plant and Government and contractor-owned equipment 

21 layaway; and other expenses necessary for the foregoing 

22 purposes, $4,250,563,000, to remain available for obliga23 tion until September 30, 2024. 


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1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

14 for the foregoing purposes, $2,074,163,000, to remain 

15 available for obligation until September 30, 2024. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and 

18 modification of vehicles, including tactical, support, and 

19 non-tracked combat vehicles; the purchase of passenger 

20 motor vehicles for replacement only; communications and 

21 electronic equipment; other support equipment; spare 

22 parts, ordnance, and accessories therefor; specialized 

23 equipment and training devices; expansion of public and 

24 private plants, including the land necessary therefor, for 

25 the foregoing purposes, and such lands and interests 


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1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; and procurement and 

3 installation of equipment, appliances, and machine tools 

4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other 

6 expenses necessary for the foregoing purposes, 

7 $8,496,987,000, to remain available for obligation until 

8 September 30, 2024. 

9 AIRCRAFT PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of aircraft, equipment, including 

12 ordnance, spare parts, and accessories therefor; specialized 

13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted 

16 thereon prior to approval of title; and procurement and 

17 installation of equipment, appliances, and machine tools 

18 in public and private plants; reserve plant and Govern19 ment and contractor-owned equipment layaway, 

20 $17,710,805,000, to remain available for obligation until 

21 September 30, 2024. 

22 WEAPONS PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts, 


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1 and accessories therefor; expansion of public and private 

2 plants, including the land necessary therefor, and such 

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 

5 procurement and installation of equipment, appliances, 

6 and machine tools in public and private plants; reserve 

7 plant and Government and contractor-owned equipment 

8 layaway, $4,134,152,000, to remain available for obliga9 tion until September 30, 2024. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and 

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 

24 for the foregoing purposes, $853,620,000, to remain avail25 able for obligation until September 30, 2024. 


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1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long lead time components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Columbia Class Submarine, $3,003,000,000; 

15 Columbia Class Submarine (AP), 

16 $1,773,980,000; 

17 Carrier Replacement Program (CVN–80), 

18 $1,068,705,000; 

19 Carrier Replacement Program (CVN–81), 

20 $1,299,764,000; 

21 Virginia Class Submarine, $4,199,240,000; 

22 Virginia Class Submarine (AP), 

23 $2,105,407,000; 

24 CVN Refueling Overhauls, $2,444,218,000; 

25 CVN Refueling Overhauls (AP), $66,262,000; 


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1 DDG–1000 Program, $56,597,000; 

2 DDG–51 Destroyer, $3,675,987,000; 

3 DDG–51 Destroyer (AP), $120,000,000; 

4 FFG–Frigate, $1,090,900,000; 

5 LPD Flight II, $60,636,000; 

6 LPD Flight II (AP), $250,000,000; 

7 Expeditionary Sea Base, $577,000,000; 

8 LHA Replacement, $68,637,000; 

9 Expeditionary Fast Transport, $590,000,000; 

10 TAO Fleet Oiler, $668,184,000; 

11 TAGOS Surtass Ships, $434,384,000; 

12 Towing Salvage and Rescue Ship, 

13 $183,800,000; 

14 LCU 1700, $67,928,000; 

15 Ship to Shore Connector, $351,738,000; 

16 Service Craft, $67,866,000; 

17 LCAC SLEP, $32,712,000; 

18 For outfitting, post delivery, conversions, and 

19 first destination transportation, $641,260,000; and 

20 Completion of Prior Year Shipbuilding Pro21 grams, $660,795,000. 

22 In all: $25,559,000,000, to remain available for obli23 gation until September 30, 2026: Provided, That addi24 tional obligations may be incurred after September 30, 

25 2026, for engineering services, tests, evaluations, and 


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1 other such budgeted work that must be performed in the 

2 final stage of ship construction: Provided further, That 

3 none of the funds provided under this heading for the con4 struction or conversion of any naval vessel to be con5 structed in shipyards in the United States shall be ex6 pended in foreign facilities for the construction of major 

7 components of such vessel: Provided further, That none 

8 of the funds provided under this heading shall be used 

9 for the construction of any naval vessel in foreign ship10 yards: Provided further, That funds appropriated or other11 wise made available by this Act for Columbia Class Sub12 marine (AP) may be available for the purposes authorized 

13 by subsections (f), (g), (h) or (i) of section 2218a of title 

14 10, United States Code, only in accordance with the provi15 sions of the applicable subsection: Provided further, That 

16 prior to entering into a contract for more than one am17 phibious ship, the Secretary of Defense shall provide to 

18 the congressional defense committees the future years de19 fense program which displays the funding programmed for 

20 all shipbuilding programs currently or anticipated to be 

21 under a multiyear contract, block buy contract, or other 

22 contract involving economic order quantity. 

23 OTHER PROCUREMENT, NAVY

24 For procurement, production, and modernization of 

25 support equipment and materials not otherwise provided 


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1 for, Navy ordnance (except ordnance for new aircraft, new 

2 ships, and ships authorized for conversion); the purchase 

3 of passenger motor vehicles for replacement only; expan4 sion of public and private plants, including the land nec5 essary therefor, and such lands and interests therein, may 

6 be acquired, and construction prosecuted thereon prior to 

7 approval of title; and procurement and installation of 

8 equipment, appliances, and machine tools in public and 

9 private plants; reserve plant and Government and con10 tractor-owned equipment layaway, $11,349,471,000, to 

11 remain available for obligation until September 30, 2024: 

12 Provided, That such funds are also available for the main13 tenance, repair, and modernization of ships under a pilot 

14 program established for such purposes. 

15 PROCUREMENT, MARINE CORPS

16 For expenses necessary for the procurement, manu17 facture, and modification of missiles, armament, military 

18 equipment, spare parts, and accessories therefor; plant 

19 equipment, appliances, and machine tools, and installation 

20 thereof in public and private plants; reserve plant and 

21 Government and contractor-owned equipment layaway; ve22 hicles for the Marine Corps, including the purchase of pas23 senger motor vehicles for replacement only; and expansion 

24 of public and private plants, including land necessary 

25 therefor, and such lands and interests therein, may be acVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 quired, and construction prosecuted thereon prior to ap2 proval of title, $3,496,614,000, to remain available for ob3 ligation until September 30, 2024. 

4 AIRCRAFT PROCUREMENT, AIR FORCE

5 For construction, procurement, and modification of 

6 aircraft and equipment, including armor and armament, 

7 specialized ground handling equipment, and training de8 vices, spare parts, and accessories therefor; specialized 

9 equipment; expansion of public and private plants, Gov10 ernment-owned equipment and installation thereof in such 

11 plants, erection of structures, and acquisition of land, for 

12 the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

14 thereon prior to approval of title; reserve plant and Gov15 ernment and contractor-owned equipment layaway; and 

16 other expenses necessary for the foregoing purposes in17 cluding rents and transportation of things, 

18 $17,311,222,000, to remain available for obligation until 

19 September 30, 2024. 

20 MISSILE PROCUREMENT, AIR FORCE

21 For construction, procurement, and modification of 

22 missiles, rockets, and related equipment, including spare 

23 parts and accessories therefor; ground handling equip24 ment, and training devices; expansion of public and pri25 vate plants, Government-owned equipment and installaVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 tion thereof in such plants, erection of structures, and ac2 quisition of land, for the foregoing purposes, and such 

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; re5 serve plant and Government and contractor-owned equip6 ment layaway; and other expenses necessary for the fore7 going purposes including rents and transportation of 

8 things, $2,584,306,000, to remain available for obligation 

9 until September 30, 2024. 

10 PROCUREMENT OF AMMUNITION, AIR FORCE

11 For construction, procurement, production, and 

12 modification of ammunition, and accessories therefor; spe13 cialized equipment and training devices; expansion of pub14 lic and private plants, including ammunition facilities, au15 thorized by section 2854 of title 10, United States Code, 

16 and the land necessary therefor, for the foregoing pur17 poses, and such lands and interests therein, may be ac18 quired, and construction prosecuted thereon prior to ap19 proval of title; and procurement and installation of equip20 ment, appliances, and machine tools in public and private 

21 plants; reserve plant and Government and contractor22 owned equipment layaway; and other expenses necessary 

23 for the foregoing purposes, $667,227,000, to remain avail24 able for obligation until September 30, 2024. 


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1 OTHER PROCUREMENT, AIR FORCE

2 For procurement and modification of equipment (in3 cluding ground guidance and electronic control equipment, 

4 and ground electronic and communication equipment), 

5 and supplies, materials, and spare parts therefor, not oth6 erwise provided for; the purchase of passenger motor vehi7 cles for replacement only; lease of passenger motor vehi8 cles; and expansion of public and private plants, Govern9 ment-owned equipment and installation thereof in such 

10 plants, erection of structures, and acquisition of land, for 

11 the foregoing purposes, and such lands and interests 

12 therein, may be acquired, and construction prosecuted 

13 thereon, prior to approval of title; reserve plant and Gov14 ernment and contractor-owned equipment layaway, 

15 $26,367,426,000, to remain available for obligation until 

16 September 30, 2024. 

17 PROCUREMENT, SPACE FORCE

18 For construction, procurement, and modification of 

19 spacecraft, rockets, and related equipment, including 

20 spare parts and accessories therefor; ground handling 

21 equipment, and training devices; expansion of public and 

22 private plants, Government-owned equipment and installa23 tion thereof in such plants, erection of structures, and ac24 quisition of land, for the foregoing purposes, and such 

25 lands and interests therein, may be acquired, and conVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 struction prosecuted thereon prior to approval of title; re2 serve plant and Government and contractor-owned equip3 ment layaway; and other expenses necessary for the fore4 going purposes including rents and transportation of 

5 things, $2,728,549,000, to remain available for obligation 

6 until September 30, 2024. 

7 PROCUREMENT, DEFENSE-WIDE

8 For expenses of activities and agencies of the Depart9 ment of Defense (other than the military departments) 

10 necessary for procurement, production, and modification 

11 of equipment, supplies, materials, and spare parts there12 for, not otherwise provided for; the purchase of passenger 

13 motor vehicles for replacement only; expansion of public 

14 and private plants, equipment, and installation thereof in 

15 such plants, erection of structures, and acquisition of land 

16 for the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; reserve plant and Gov19 ernment and contractor-owned equipment layaway, 

20 $5,898,393,000, to remain available for obligation until 

21 September 30, 2024. 

22 DEFENSE PRODUCTION ACT PURCHASES

23 For activities by the Department of Defense pursuant 

24 to sections 108, 301, 302, and 303 of the Defense Produc25 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 


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1 $302,927,000, to remain available until expended, which 

2 shall be obligated and expended by the Secretary of De3 fense as if delegated the necessary authorities conferred 

4 by the Defense Production Act of 1950. 

5 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

6 For procurement of rotary-wing aircraft; combat, tac7 tical and support vehicles; other weapons; and other pro8 curement items for the reserve components of the Armed 

9 Forces, $1,450,000,000, to remain available for obligation 

10 until September 30, 2024: Provided, That the Chiefs of 

11 National Guard and Reserve components shall, not later 

12 than 30 days after enactment of this Act, individually sub13 mit to the congressional defense committees the mod14 ernization priority assessment for their respective Na15 tional Guard or Reserve component: Provided further, 

16 That none of the funds made available by this paragraph 

17 may be used to procure manned fixed wing aircraft, or 

18 procure or modify missiles, munitions, or ammunition. 


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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $13,467,949,000, to remain avail10 able for obligation until September 30, 2023. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $21,546,521,000, to remain avail17 able for obligation until September 30, 2023: Provided, 

18 That funds appropriated in this paragraph which are 

19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 AIR FORCE

23 For expenses necessary for basic and applied sci24 entific research, development, test and evaluation, includ25 ing maintenance, rehabilitation, lease, and operation of faVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 cilities and equipment, $40,098,662,000, to remain avail2 able for obligation until September 30, 2023. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 SPACE FORCE

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, $11,642,581,000, to remain avail9 able until September 30, 2023. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments), 

14 necessary for basic and applied scientific research, devel15 opment, test and evaluation; advanced research projects 

16 as may be designated and determined by the Secretary 

17 of Defense, pursuant to law; maintenance, rehabilitation, 

18 lease, and operation of facilities and equipment, 

19 $29,120,239,000, to remain available for obligation until 

20 September 30, 2023. 

21 OPERATIONAL TEST AND EVALUATION, DEFENSE

22 For expenses, not otherwise provided for, necessary 

23 for the independent activities of the Director, Operational 

24 Test and Evaluation, in the direction and supervision of 

25 operational test and evaluation, including initial operVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 ational test and evaluation which is conducted prior to, 

2 and in support of, production decisions; joint operational 

3 testing and evaluation; and administrative expenses in 

4 connection therewith, $276,591,000, to remain available 

5 for obligation until September 30, 2023. 

6 TITLE V 

7 REVOLVING AND MANAGEMENT FUNDS 

8 DEFENSE WORKING CAPITAL FUNDS

9 For the Defense Working Capital Funds, 

10 $2,027,000,000. 


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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

6 as authorized by law, $36,206,487,000; of which 

7 $33,598,152,000 shall be for operation and maintenance, 

8 of which not to exceed one percent shall remain available 

9 for obligation until September 30, 2023, and of which up 

10 to $17,786,547,000 may be available for contracts entered 

11 into under the TRICARE program; of which 

12 $758,708,000, to remain available for obligation until Sep13 tember 30, 2024, shall be for procurement; and of which 

14 $1,849,627,000, to remain available for obligation until 

15 September 30, 2023, shall be for research, development, 

16 test and evaluation: Provided, That of the funds provided 

17 under this heading for research, development, test and 

18 evaluation, not less than $954,500,000 shall be made 

19 available to the United States Army Medical Research and 

20 Development Command to carry out the congressionally 

21 directed medical research programs. 

22 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

23 DEFENSE

24 For expenses, not otherwise provided for, necessary 

25 for the destruction of the United States stockpile of lethal 


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1 chemical agents and munitions in accordance with the pro2 visions of section 1412 of the Department of Defense Au3 thorization Act, 1986 (50 U.S.C. 1521), and for the de4 struction of other chemical warfare materials that are not 

5 in the chemical weapon stockpile, $1,094,352,000, of 

6 which $93,121,000 shall be for operation and mainte7 nance, of which no less than $48,668,000 shall be for the 

8 Chemical Stockpile Emergency Preparedness Program, 

9 consisting of $22,134,000 for activities on military instal10 lations and $26,534,000, to remain available until Sep11 tember 30, 2023, to assist State and local governments; 

12 and $1,001,231,000, to remain available until September 

13 30, 2023, shall be for research, development, test and eval14 uation, of which $995,011,000 shall only be for the As15 sembled Chemical Weapons Alternatives program. 

16 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

17 DEFENSE

18 (INCLUDING TRANSFER OF FUNDS)

19 For drug interdiction and counter-drug activities of 

20 the Department of Defense, for transfer to appropriations 

21 available to the Department of Defense for military per22 sonnel of the reserve components serving under the provi23 sions of title 10 and title 32, United States Code; for oper24 ation and maintenance; for procurement; and for research, 

25 development, test and evaluation, $939,149,000, of which 


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1 $593,250,000 shall be for counter-narcotics support; 

2 $126,024,000 shall be for the drug demand reduction pro3 gram; $194,211,000 shall be for the National Guard 

4 counter-drug program; and $25,664,000 shall be for the 

5 National Guard counter-drug schools program: Provided, 

6 That the funds appropriated under this heading shall be 

7 available for obligation for the same time period and for 

8 the same purpose as the appropriation to which trans9 ferred: Provided further, That upon a determination that 

10 all or part of the funds transferred from this appropriation 

11 are not necessary for the purposes provided herein, such 

12 amounts may be transferred back to this appropriation: 

13 Provided further, That the transfer authority provided 

14 under this heading is in addition to any other transfer au15 thority contained elsewhere in this Act. 

16 OFFICE OF THE INSPECTOR GENERAL

17 For expenses and activities of the Office of the In18 spector General in carrying out the provisions of the In19 spector General Act of 1978, as amended, $438,363,000, 

20 of which $435,918,000 shall be for operation and mainte21 nance, of which not to exceed $700,000 is available for 

22 emergencies and extraordinary expenses to be expended 

23 upon the approval or authority of the Inspector General, 

24 and payments may be made upon the Inspector General’s 

25 certificate of necessity for confidential military purposes; 


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1 of which $80,000, to remain available for obligation until 

2 September 30, 2024, shall be for procurement; and of 

3 which $2,365,000, to remain available until September 30, 

4 2023, shall be for research, development, test and evalua5 tion. 

6 TITLE VII 

7 RELATED AGENCIES 

8 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

9 DISABILITY SYSTEM FUND

10 For payment to the Central Intelligence Agency Re11 tirement and Disability System Fund, to maintain the 

12 proper funding level for continuing the operation of the 

13 Central Intelligence Agency Retirement and Disability 

14 System, $514,000,000. 

15 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

16 For necessary expenses of the Intelligence Commu17 nity Management Account, $610,370,000. 


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1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

6 SEC. 8002. During the current fiscal year, provisions 

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

9 shall not apply to personnel of the Department of Defense: 

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

12 Defense funded by this Act shall not be at a rate in excess 

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

15 computed under the provisions of section 5332 of title 5, 

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 

18 its own employees, whichever is higher: Provided further, 

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 

24 not apply to foreign national employees of the Department 

25 of Defense in the Republic of Turkey. 


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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

3 the current fiscal year, unless expressly so provided herein. 

4 SEC. 8004. No more than 20 percent of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 

7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, the Secretary may, with the approval of the Office 

15 of Management and Budget, transfer not to exceed 

16 $6,000,000,000 of working capital funds of the Depart17 ment of Defense or funds made available in this Act to 

18 the Department of Defense for military functions (except 

19 military construction) between such appropriations or 

20 funds or any subdivision thereof, to be merged with and 

21 to be available for the same purposes, and for the same 

22 time period, as the appropriation or fund to which trans23 ferred: Provided, That such authority to transfer may not 

24 be used unless for higher priority items, based on unfore25 seen military requirements, than those for which originally 


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1 appropriated and in no case where the item for which 

2 funds are requested has been denied by the Congress: Pro3 vided further, That the Secretary of Defense shall notify 

4 the Congress promptly of all transfers made pursuant to 

5 this authority or any other authority in this Act: Provided 

6 further, That no part of the funds in this Act shall be 

7 available to prepare or present a request to the Commit8 tees on Appropriations for reprogramming of funds, unless 

9 for higher priority items, based on unforeseen military re10 quirements, than those for which originally appropriated 

11 and in no case where the item for which reprogramming 

12 is requested has been denied by the Congress: Provided 

13 further, That a request for multiple reprogrammings of 

14 funds using authority provided in this section shall be 

15 made prior to June 30, 2022: Provided further, That 

16 transfers among military personnel appropriations shall 

17 not be taken into account for purposes of the limitation 

18 on the amount of funds that may be transferred under 

19 this section. 

20 SEC. 8006. (a) With regard to the list of specific pro21 grams, projects, and activities (and the dollar amounts 

22 and adjustments to budget activities corresponding to 

23 such programs, projects, and activities) contained in the 

24 tables titled ‘‘Committee Recommended Adjustments’’ in 

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1 bles contained in the classified annex accompanying this 

2 Act, the obligation and expenditure of amounts appro3 priated or otherwise made available in this Act for those 

4 programs, projects, and activities for which the amounts 

5 appropriated exceed the amounts requested are hereby re6 quired by law to be carried out in the manner provided 

7 by such tables to the same extent as if the tables were 

8 included in the text of this Act. 

9 (b) Amounts specified in the referenced tables de10 scribed in subsection (a) shall not be treated as subdivi11 sions of appropriations for purposes of section 8005 of this 

12 Act: Provided, That section 8005 of this Act shall apply 

13 when transfers of the amounts described in subsection (a) 

14 occur between appropriation accounts, subject to the limi15 tation in subsection (c): Provided further, That the trans16 fer amount limitation provided in section 8005 of this Act 

17 shall not apply to transfers of amounts described in sub18 section (a) if such transfers are necessary for the proper 

19 execution of the specified purpose of such funds. 

20 (c) Amounts specified in the referenced tables de21 scribed in subsection (a) may not be transferred pursuant 

22 to section 8005 of this Act to a purpose other than which 

23 is specified, unless such funds remain unobligated at the 

24 end of the fiscal year in which they were appropriated. 


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1 SEC. 8007. (a) Not later than 60 days after enact2 ment of this Act, the Department of Defense shall submit 

3 a report to the congressional defense committees to estab4 lish the baseline for application of reprogramming and 

5 transfer authorities for fiscal year 2022: Provided, That 

6 the report shall include— 

7 (1) a table for each appropriation with a sepa8 rate column to display the President’s budget re9 quest, adjustments made by Congress, adjustments 

10 due to enacted rescissions, if appropriate, and the 

11 fiscal year enacted level; 

12 (2) a delineation in the table for each appro13 priation both by budget activity and program, 

14 project, and activity as detailed in the Budget Ap15 pendix; and 

16 (3) an identification of items of special congres17 sional interest. 

18 (b) Notwithstanding section 8005 of this Act, none 

19 of the funds provided in this Act shall be available for 

20 reprogramming or transfer until the report identified in 

21 subsection (a) is submitted to the congressional defense 

22 committees, unless the Secretary of Defense certifies in 

23 writing to the congressional defense committees that such 

24 reprogramming or transfer is necessary as an emergency 

25 requirement: Provided, That this subsection shall not 


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1 apply to transfers from the following appropriations ac2 counts: 

3 (1) ‘‘Environmental Restoration, Army’’; 

4 (2) ‘‘Environmental Restoration, Navy’’; 

5 (3) ‘‘Environmental Restoration, Air Force’’; 

6 (4) ‘‘Environmental Restoration, Defense7 Wide’’; 

8 (5) ‘‘Environmental Restoration, Formerly 

9 Used Defense Sites’’; and 

10 (6) ‘‘Drug Interdiction and Counter-drug Ac11 tivities, Defense’’. 

12 (TRANSFER OF FUNDS)

13 SEC. 8008. During the current fiscal year, cash bal14 ances in working capital funds of the Department of De15 fense established pursuant to section 2208 of title 10, 

16 United States Code, may be maintained in only such 

17 amounts as are necessary at any time for cash disburse18 ments to be made from such funds: Provided, That trans19 fers may be made between such funds: Provided further, 

20 That transfers may be made between working capital 

21 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

22 appropriation and the ‘‘Operation and Maintenance’’ ap23 propriation accounts in such amounts as may be deter24 mined by the Secretary of Defense, with the approval of 

25 the Office of Management and Budget, except that such 


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1 transfers may not be made unless the Secretary of Defense 

2 has notified the Congress of the proposed transfer: Pro3 vided further, That except in amounts equal to the 

4 amounts appropriated to working capital funds in this Act, 

5 no obligations may be made against a working capital fund 

6 to procure or increase the value of war reserve material 

7 inventory, unless the Secretary of Defense has notified the 

8 Congress prior to any such obligation. 

9 SEC. 8009. Funds appropriated by this Act may not 

10 be used to initiate a special access program without prior 

11 notification 30 calendar days in advance to the congres12 sional defense committees. 

13 SEC. 8010. None of the funds provided in this Act 

14 shall be available to initiate: (1) a multiyear contract that 

15 employs economic order quantity procurement in excess of 

16 $20,000,000 in any one year of the contract or that in17 cludes an unfunded contingent liability in excess of 

18 $20,000,000; or (2) a contract for advance procurement 

19 leading to a multiyear contract that employs economic 

20 order quantity procurement in excess of $20,000,000 in 

21 any one year, unless the congressional defense committees 

22 have been notified at least 30 days in advance of the pro23 posed contract award: Provided, That no part of any ap24 propriation contained in this Act shall be available to ini25 tiate a multiyear contract for which the economic order 


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1 quantity advance procurement is not funded at least to 

2 the limits of the Government’s liability: Provided further, 

3 That no part of any appropriation contained in this Act 

4 shall be available to initiate multiyear procurement con5 tracts for any systems or component thereof if the value 

6 of the multiyear contract would exceed $500,000,000 un7 less specifically provided in this Act: Provided further, 

8 That no multiyear procurement contract can be termi9 nated without 30-day prior notification to the congres10 sional defense committees: Provided further, That the exe11 cution of multiyear authority shall require the use of a 

12 present value analysis to determine lowest cost compared 

13 to an annual procurement: Provided further, That none of 

14 the funds provided in this Act may be used for a multiyear 

15 contract executed after the date of the enactment of this 

16 Act unless in the case of any such contract— 

17 (1) the Secretary of Defense has submitted to 

18 Congress a budget request for full funding of units 

19 to be procured through the contract and, in the case 

20 of a contract for procurement of aircraft, that in21 cludes, for any aircraft unit to be procured through 

22 the contract for which procurement funds are re23 quested in that budget request for production be24 yond advance procurement activities in the fiscal 


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1 year covered by the budget, full funding of procure2 ment of such unit in that fiscal year; 

3 (2) cancellation provisions in the contract do 

4 not include consideration of recurring manufacturing 

5 costs of the contractor associated with the produc6 tion of unfunded units to be delivered under the con7 tract; 

8 (3) the contract provides that payments to the 

9 contractor under the contract shall not be made in 

10 advance of incurred costs on funded units; and 

11 (4) the contract does not provide for a price ad12 justment based on a failure to award a follow-on 

13 contract. 

14 Funds appropriated in title III of this Act may be 

15 used for multiyear procurement contracts for the UH/HH16 60M Black Hawk helicopter and the AH–64E Apache hel17 icopter. 

18 SEC. 8011. Within the funds appropriated for the op19 eration and maintenance of the Armed Forces, funds are 

20 hereby appropriated pursuant to section 401 of title 10, 

21 United States Code, for humanitarian and civic assistance 

22 costs under chapter 20 of title 10, United States Code. 

23 Such funds may also be obligated for humanitarian and 

24 civic assistance costs incidental to authorized operations 

25 and pursuant to authority granted in section 401 of title 


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1 10, United States Code, and these obligations shall be re2 ported as required by section 401(d) of title 10, United 

3 States Code: Provided, That funds available for operation 

4 and maintenance shall be available for providing humani5 tarian and similar assistance by using Civic Action Teams 

6 in the Trust Territories of the Pacific Islands and freely 

7 associated states of Micronesia, pursuant to the Compact 

8 of Free Association as authorized by Public Law 99–239: 

9 Provided further, That upon a determination by the Sec10 retary of the Army that such action is beneficial for grad11 uate medical education programs conducted at Army med12 ical facilities located in Hawaii, the Secretary of the Army 

13 may authorize the provision of medical services at such 

14 facilities and transportation to such facilities, on a nonre15 imbursable basis, for civilian patients from American 

16 Samoa, the Commonwealth of the Northern Mariana Is17 lands, the Marshall Islands, the Federated States of Mi18 cronesia, Palau, and Guam. 

19 SEC. 8012. (a) During the current fiscal year, the 

20 civilian personnel of the Department of Defense may not 

21 be managed solely on the basis of any constraint or limita22 tion in terms of man years, end strength, full-time equiva23 lent positions, or maximum number of employees, but are 

24 to be managed primarily on the basis of, and in a manner 

25 consistent with— 


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1 (1) the total force management policies and 

2 procedures established under section 129a of title 

3 10, United States Code; 

4 (2) the workload required to carry out the func5 tions and activities of the Department; and 

6 (3) the funds made available to the Department 

7 for such fiscal year. 

8 (b) None of the funds appropriated by this Act may 

9 be used to reduce the civilian workforce programmed full 

10 time equivalent levels absent the appropriate analysis of 

11 the impact of these reductions on workload, military force 

12 structure, lethality, readiness, operational effectiveness, 

13 stress on the military force, and fully burdened costs. 

14 (c) A projection of the number of full-time equivalent 

15 positions shall not be considered a constraint or limitation 

16 for purposes of subsection (a) and reducing funding for 

17 under-execution of such a projection shall not be consid18 ered managing based on a constraint or limitation for pur19 poses of such subsection. 

20 (d) The fiscal year 2023 budget request for the De21 partment of Defense, and any justification material and 

22 other documentation supporting such a request, shall be 

23 prepared and submitted to Congress as if subsections (a) 

24 and (b) were effective with respect to such fiscal year. 


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1 (e) Nothing in this section shall be construed to apply 

2 to military (civilian) technicians. 

3 SEC. 8013. None of the funds made available by this 

4 Act shall be used in any way, directly or indirectly, to in5 fluence congressional action on any legislation or appro6 priation matters pending before the Congress. 

7 SEC. 8014. None of the funds appropriated by this 

8 Act shall be available for the basic pay and allowances of 

9 any member of the Army participating as a full-time stu10 dent and receiving benefits paid by the Secretary of Vet11 erans Affairs from the Department of Defense Education 

12 Benefits Fund when time spent as a full-time student is 

13 credited toward completion of a service commitment: Pro14 vided, That this section shall not apply to those members 

15 who have reenlisted with this option prior to October 1, 

16 1987: Provided further, That this section applies only to 

17 active components of the Army. 

18 (TRANSFER OF FUNDS)

19 SEC. 8015. (a) Funds appropriated in title III of this 

20 Act for the Department of Defense Pilot Mentor-Prote ́ge ́

21 Program may be transferred to any other appropriation 

22 contained in this Act solely for the purpose of imple23 menting a Mentor-Prote ́ge ́ Program developmental assist24 ance agreement pursuant to section 831 of the National 

25 Defense Authorization Act for Fiscal Year 1991 (Public 


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1 Law 101–510; 10 U.S.C. 2302 note), as amended, under 

2 the authority of this provision or any other transfer au3 thority contained in this Act. 

4 (b) The Secretary of Defense shall include with the 

5 budget justification documents in support of the budget 

6 for any fiscal year after fiscal year 2022 (as submitted 

7 to Congress pursuant to section 1105 of title 31, United 

8 States Code) a description of each transfer under this sec9 tion that occurred during the last fiscal year before the 

10 fiscal year in which such budget is submitted. 

11 SEC. 8016. None of the funds in this Act may be 

12 available for the purchase by the Department of Defense 

13 (and its departments and agencies) of welded shipboard 

14 anchor and mooring chain unless the anchor and mooring 

15 chain are manufactured in the United States from compo16 nents which are substantially manufactured in the United 

17 States: Provided, That for the purpose of this section, the 

18 term ‘‘manufactured’’ shall include cutting, heat treating, 

19 quality control, testing of chain and welding (including the 

20 forging and shot blasting process): Provided further, That 

21 for the purpose of this section substantially all of the com22 ponents of anchor and mooring chain shall be considered 

23 to be produced or manufactured in the United States if 

24 the aggregate cost of the components produced or manu25 factured in the United States exceeds the aggregate cost 


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1 of the components produced or manufactured outside the 

2 United States: Provided further, That when adequate do3 mestic supplies are not available to meet Department of 

4 Defense requirements on a timely basis, the Secretary of 

5 the Service responsible for the procurement may waive this 

6 restriction on a case-by-case basis by certifying in writing 

7 to the Committees on Appropriations of the House of Rep8 resentatives and the Senate that such an acquisition must 

9 be made in order to acquire capability for national security 

10 purposes. 

11 SEC. 8017. None of the funds appropriated by this 

12 Act shall be used for the support of any nonappropriated 

13 funds activity of the Department of Defense that procures 

14 malt beverages and wine with nonappropriated funds for 

15 resale (including such alcoholic beverages sold by the 

16 drink) on a military installation located in the United 

17 States unless such malt beverages and wine are procured 

18 within that State, or in the case of the District of Colum19 bia, within the District of Columbia, in which the military 

20 installation is located: Provided, That in a case in which 

21 the military installation is located in more than one State, 

22 purchases may be made in any State in which the installa23 tion is located: Provided further, That such local procure24 ment requirements for malt beverages and wine shall 

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1 tions in States which are not contiguous with another 

2 State: Provided further, That alcoholic beverages other 

3 than wine and malt beverages, in contiguous States and 

4 the District of Columbia shall be procured from the most 

5 competitive source, price and other factors considered. 

6 SEC. 8018. None of the funds available to the De7 partment of Defense may be used to demilitarize or dis8 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

9 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

10 to demilitarize or destroy small arms ammunition or am11 munition components that are not otherwise prohibited 

12 from commercial sale under Federal law, unless the small 

13 arms ammunition or ammunition components are certified 

14 by the Secretary of the Army or designee as unserviceable 

15 or unsafe for further use. 

16 SEC. 8019. No more than $500,000 of the funds ap17 propriated or made available in this Act shall be used dur18 ing a single fiscal year for any single relocation of an orga19 nization, unit, activity or function of the Department of 

20 Defense into or within the National Capital Region: Pro21 vided, That the Secretary of Defense may waive this re22 striction on a case-by-case basis by certifying in writing 

23 to the congressional defense committees that such a relo24 cation is required in the best interest of the Government. 


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1 SEC. 8020. Of the funds made available in this Act, 

2 up to $17,500,000 may be available for incentive pay3 ments authorized by section 504 of the Indian Financing 

4 Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

5 contractor or a subcontractor at any tier that makes a 

6 subcontract award to any subcontractor or supplier as de7 fined in section 1544 of title 25, United States Code, or 

8 a small business owned and controlled by an individual 

9 or individuals defined under section 4221(9) of title 25, 

10 United States Code, shall be considered a contractor for 

11 the purposes of being allowed additional compensation 

12 under section 504 of the Indian Financing Act of 1974 

13 (25 U.S.C. 1544) whenever the prime contract or sub14 contract amount is over $500,000 and involves the ex15 penditure of funds appropriated by an Act making appro16 priations for the Department of Defense with respect to 

17 any fiscal year: Provided further, That notwithstanding 

18 section 1906 of title 41, United States Code, this section 

19 shall be applicable to any Department of Defense acquisi20 tion of supplies or services, including any contract and any 

21 subcontract at any tier for acquisition of commercial items 

22 produced or manufactured, in whole or in part, by any 

23 subcontractor or supplier defined in section 1544 of title 

24 25, United States Code, or a small business owned and 


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1 controlled by an individual or individuals defined under 

2 section 4221(9) of title 25, United States Code. 

3 SEC. 8021. (a) Notwithstanding any other provision 

4 of law, the Secretary of the Air Force may convey at no 

5 cost to the Air Force, without consideration, to Indian 

6 tribes located in the States of Nevada, Idaho, North Da7 kota, South Dakota, Montana, Oregon, Minnesota, and 

8 Washington relocatable military housing units located at 

9 Grand Forks Air Force Base, Malmstrom Air Force Base, 

10 Mountain Home Air Force Base, Ellsworth Air Force 

11 Base, and Minot Air Force Base that are excess to the 

12 needs of the Air Force. 

13 (b) The Secretary of the Air Force shall convey, at 

14 no cost to the Air Force, military housing units under sub15 section (a) in accordance with the request for such units 

16 that are submitted to the Secretary by the Operation 

17 Walking Shield Program on behalf of Indian tribes located 

18 in the States of Nevada, Idaho, North Dakota, South Da19 kota, Montana, Oregon, Minnesota, and Washington. Any 

20 such conveyance shall be subject to the condition that the 

21 housing units shall be removed within a reasonable period 

22 of time, as determined by the Secretary. 

23 (c) The Operation Walking Shield Program shall re24 solve any conflicts among requests of Indian tribes for 

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1 quests to the Secretary of the Air Force under subsection 

2 (b). 

3 (d) In this section, the term ‘‘Indian tribe’’ means 

4 any recognized Indian tribe included on the current list 

5 published by the Secretary of the Interior under section 

6 104 of the Federally Recognized Indian Tribe Act of 1994 

7 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 

8 SEC. 8022. Of the funds appropriated to the Depart9 ment of Defense under the heading ‘‘Operation and Main10 tenance, Defense-Wide’’, not less than $12,000,000 may 

11 be made available only for the mitigation of environmental 

12 impacts, including training and technical assistance to 

13 tribes, related administrative support, the gathering of in14 formation, documenting of environmental damage, and de15 veloping a system for prioritization of mitigation and cost 

16 to complete estimates for mitigation, on Indian lands re17 sulting from Department of Defense activities. 

18 SEC. 8023. Funds appropriated by this Act for the 

19 Defense Media Activity shall not be used for any national 

20 or international political or psychological activities. 

21 SEC. 8024. None of the funds available in this Act 

22 to the Department of Defense, other than appropriations 

23 made for necessary or routine refurbishments, upgrades 

24 or maintenance activities, shall be used to reduce or to 

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1 ployed strategic delivery vehicles and launchers below the 

2 levels set forth in the report submitted to Congress in ac3 cordance with section 1042 of the National Defense Au4 thorization Act for Fiscal Year 2012. 

5 SEC. 8025. Of the amounts appropriated for ‘‘Work6 ing Capital Fund, Army’’, $125,000,000 shall be available 

7 to maintain competitive rates at the arsenals. 

8 SEC. 8026. (a) Of the funds made available in this 

9 Act, not less than $60,463,000 shall be available for the 

10 Civil Air Patrol Corporation, of which— 

11 (1) $47,263,000 shall be available from ‘‘Oper12 ation and Maintenance, Air Force’’ to support Civil 

13 Air Patrol Corporation operation and maintenance, 

14 readiness, counter-drug activities, and drug demand 

15 reduction activities involving youth programs; 

16 (2) $11,400,000 shall be available from ‘‘Air17 craft Procurement, Air Force’’; and 

18 (3) $1,800,000 shall be available from ‘‘Other 

19 Procurement, Air Force’’ for vehicle procurement. 

20 (b) The Secretary of the Air Force should waive reim21 bursement for any funds used by the Civil Air Patrol for 

22 counter-drug activities in support of Federal, State, and 

23 local government agencies. 

24 SEC. 8027. (a) None of the funds appropriated in this 

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1 fense (department) federally funded research and develop2 ment center (FFRDC), either as a new entity, or as a 

3 separate entity administrated by an organization man4 aging another FFRDC, or as a nonprofit membership cor5 poration consisting of a consortium of other FFRDCs and 

6 other nonprofit entities. 

7 (b) No member of a Board of Directors, Trustees, 

8 Overseers, Advisory Group, Special Issues Panel, Visiting 

9 Committee, or any similar entity of a defense FFRDC, 

10 and no paid consultant to any defense FFRDC, except 

11 when acting in a technical advisory capacity, may be com12 pensated for his or her services as a member of such enti13 ty, or as a paid consultant by more than one FFRDC in 

14 a fiscal year: Provided, That a member of any such entity 

15 referred to previously in this subsection shall be allowed 

16 travel expenses and per diem as authorized under the Fed17 eral Joint Travel Regulations, when engaged in the per18 formance of membership duties. 

19 (c) Notwithstanding any other provision of law, none 

20 of the funds available to the department from any source 

21 during the current fiscal year may be used by a defense 

22 FFRDC, through a fee or other payment mechanism, for 

23 construction of new buildings not located on a military in24 stallation, for payment of cost sharing for projects funded 

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1 runs, or for certain charitable contributions, not to include 

2 employee participation in community service and/or devel3 opment. 

4 (d) Notwithstanding any other provision of law, of 

5 the funds available to the department during fiscal year 

6 2022, not more than 6,053 staff years of technical effort 

7 (staff years) may be funded for defense FFRDCs: Pro8 vided, That within such funds for 6,053 staff years, funds 

9 shall be available only for 1,148 staff years for the defense 

10 studies and analysis FFRDCs: Provided further, That this 

11 subsection shall not apply to staff years funded in the Na12 tional Intelligence Program and the Military Intelligence 

13 Program: Provided further, That the limit on staff years 

14 in the matter preceding the first proviso in this subsection 

15 may be increased to 6,153, from within funds available 

16 to the Department during fiscal year 2022, no sooner than 

17 60 days after the Secretary of Defense submits in writing 

18 to the congressional defense committees— 

19 (1) a complete breakdown of actual staff years 

20 by program and primary sponsor for fiscal years 

21 2020 and 2021; 

22 (2) a complete breakdown of the estimated 

23 6,153 staff years by program and primary sponsor 

24 for fiscal year 2022; 


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1 (3) a list of corrective actions planned and im2 plemented following the 2019 Under Secretary of 

3 Defense (Research and Engineering)-led FFRDC 

4 management review regarding the implementation of 

5 a strategic management process and continued inde6 pendence of defense FFRDCs; 

7 (4) a plan to commission a near-term inde8 pendent review and assessment of current FFRDC 

9 and potentially competitive non-FFRDC entities’ 

10 core competencies as compared to new or emerging 

11 requirements; and 

12 (5) a plan to commission a near-term inde13 pendent review of current Department of Defense 

14 and military service workforce core competencies as 

15 compared to new or emerging requirements, to in16 clude a review of current and proposed workforce de17 velopment, talent management, and professional 

18 military education initiatives and career options. 

19 (e) The Secretary of Defense shall, with the submis20 sion of the department’s fiscal year 2023 budget request, 

21 submit a report presenting the specific amounts of staff 

22 years of technical effort to be allocated for each defense 

23 FFRDC by program during that fiscal year and the asso24 ciated budget estimates. 


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1 SEC. 8028. For the purposes of this Act, the term 

2 ‘‘congressional defense committees’’ means the Armed 

3 Services Committee of the House of Representatives, the 

4 Armed Services Committee of the Senate, the Sub5 committee on Defense of the Committee on Appropriations 

6 of the Senate, and the Subcommittee on Defense of the 

7 Committee on Appropriations of the House of Representa8 tives. 

9 SEC. 8029. For the purposes of this Act, the term 

10 ‘‘congressional intelligence committees’’ means the Perma11 nent Select Committee on Intelligence of the House of 

12 Representatives, the Select Committee on Intelligence of 

13 the Senate, the Subcommittee on Defense of the Com14 mittee on Appropriations of the House of Representatives, 

15 and the Subcommittee on Defense of the Committee on 

16 Appropriations of the Senate. 

17 SEC. 8030. During the current fiscal year, the De18 partment of Defense may acquire the modification, depot 

19 maintenance and repair of aircraft, vehicles and vessels 

20 as well as the production of components and other De21 fense-related articles, through competition between De22 partment of Defense depot maintenance activities and pri23 vate firms: Provided, That the Senior Acquisition Execu24 tive of the military department or Defense Agency con25 cerned, with power of delegation, shall certify that successVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 ful bids include comparable estimates of all direct and in2 direct costs for both public and private bids: Provided fur3 ther, That Office of Management and Budget Circular A– 

4 76 shall not apply to competitions conducted under this 

5 section. 

6 SEC. 8031. (a) None of the funds appropriated in this 

7 Act may be expended by an entity of the Department of 

8 Defense unless the entity, in expending the funds, com9 plies with the Buy American Act. For purposes of this 

10 subsection, the term ‘‘Buy American Act’’ means chapter 

11 83 of title 41, United States Code. 

12 (b) If the Secretary of Defense determines that a per13 son has been convicted of intentionally affixing a label 

14 bearing a ‘‘Made in America’’ inscription to any product 

15 sold in or shipped to the United States that is not made 

16 in America, the Secretary shall determine, in accordance 

17 with section 2410f of title 10, United States Code, wheth18 er the person should be debarred from contracting with 

19 the Department of Defense. 

20 (c) In the case of any equipment or products pur21 chased with appropriations provided under this Act, it is 

22 the sense of the Congress that any entity of the Depart23 ment of Defense, in expending the appropriation, purchase 

24 only American-made equipment and products, provided 

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1 competitive, quality competitive, and available in a timely 

2 fashion. 

3 SEC. 8032. None of the funds appropriated or made 

4 available in this Act shall be used to procure carbon, alloy, 

5 or armor steel plate for use in any Government-owned fa6 cility or property under the control of the Department of 

7 Defense which were not melted and rolled in the United 

8 States or Canada: Provided, That these procurement re9 strictions shall apply to any and all Federal Supply Class 

10 9515, American Society of Testing and Materials (ASTM) 

11 or American Iron and Steel Institute (AISI) specifications 

12 of carbon, alloy or armor steel plate: Provided further, 

13 That the Secretary of the military department responsible 

14 for the procurement may waive this restriction on a case15 by-case basis by certifying in writing to the Committees 

16 on Appropriations of the House of Representatives and the 

17 Senate that adequate domestic supplies are not available 

18 to meet Department of Defense requirements on a timely 

19 basis and that such an acquisition must be made in order 

20 to acquire capability for national security purposes: Pro21 vided further, That these restrictions shall not apply to 

22 contracts which are in being as of the date of the enact23 ment of this Act. 

24 SEC. 8033. (a)(1) If the Secretary of Defense, after 

25 consultation with the United States Trade Representative, 


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1 determines that a foreign country which is party to an 

2 agreement described in paragraph (2) has violated the 

3 terms of the agreement by discriminating against certain 

4 types of products produced in the United States that are 

5 covered by the agreement, the Secretary of Defense shall 

6 rescind the Secretary’s blanket waiver of the Buy Amer7 ican Act with respect to such types of products produced 

8 in that foreign country. 

9 (2) An agreement referred to in paragraph (1) is any 

10 reciprocal defense procurement memorandum of under11 standing, between the United States and a foreign country 

12 pursuant to which the Secretary of Defense has prospec13 tively waived the Buy American Act for certain products 

14 in that country. 

15 (b) The Secretary of Defense shall submit to the Con16 gress a report on the amount of Department of Defense 

17 purchases from foreign entities in fiscal year 2022. Such 

18 report shall separately indicate the dollar value of items 

19 for which the Buy American Act was waived pursuant to 

20 any agreement described in subsection (a)(2), the Trade 

21 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

22 international agreement to which the United States is a 

23 party. 


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1 (c) For purposes of this section, the term ‘‘Buy 

2 American Act’’ means chapter 83 of title 41, United 

3 States Code. 

4 SEC. 8034. In addition to any other funds made 

5 available for such purposes, including pursuant to section 

6 98h of title 50, United States Code, or elsewhere in this 

7 Act, there is appropriated $500,000,000, for an additional 

8 amount for ‘‘National Defense Stockpile Transaction 

9 Fund’’, to remain available until September 30, 2024, 

10 which shall only be used for the acquisition and retention 

11 of certain materials, as specified in the classified annex 

12 accompanying this Act: Provided, That none of the funds 

13 provided under this section may be obligated or expended 

14 until 90 days after the Secretary of Defense provides the 

15 congressional defense committees a detailed execution plan 

16 for these funds. 

17 SEC. 8035. None of the funds in this Act may be 

18 used to purchase any supercomputer which is not manu19 factured in the United States, unless the Secretary of De20 fense certifies to the congressional defense committees 

21 that such an acquisition must be made in order to acquire 

22 capability for national security purposes that is not avail23 able from United States manufacturers. 

24 SEC. 8036. (a) The Secretary of Defense may, on a 

25 case-by-case basis, waive with respect to a foreign country 


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1 each limitation on the procurement of defense items from 

2 foreign sources provided in law if the Secretary determines 

3 that the application of the limitation with respect to that 

4 country would invalidate cooperative programs entered 

5 into between the Department of Defense and the foreign 

6 country, or would invalidate reciprocal trade agreements 

7 for the procurement of defense items entered into under 

8 section 2531 of title 10, United States Code, and the 

9 country does not discriminate against the same or similar 

10 defense items produced in the United States for that coun11 try. 

12 (b) Subsection (a) applies with respect to— 

13 (1) contracts and subcontracts entered into on 

14 or after the date of the enactment of this Act; and 

15 (2) options for the procurement of items that 

16 are exercised after such date under contracts that 

17 are entered into before such date if the option prices 

18 are adjusted for any reason other than the applica19 tion of a waiver granted under subsection (a). 

20 (c) Subsection (a) does not apply to a limitation re21 garding construction of public vessels, ball and roller bear22 ings, food, and clothing or textile materials as defined by 

23 section XI (chapters 50–65) of the Harmonized Tariff 

24 Schedule of the United States and products classified 

25 under headings 4010, 4202, 4203, 6401 through 6406, 


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1 6505, 7019, 7218 through 7229, 7304.41 through 

2 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

3 8211, 8215, and 9404. 

4 SEC. 8037. None of the funds made available in this 

5 Act, or any subsequent Act making appropriations for the 

6 Department of Defense, may be used for the purchase or 

7 manufacture of a flag of the United States unless such 

8 flags are treated as covered items under section 2533a(b) 

9 of title 10, United States Code. 

10 SEC. 8038. During the current fiscal year, amounts 

11 contained in the Department of Defense Overseas Military 

12 Facility Investment Recovery Account shall be available 

13 until expended for the payments specified by section 

14 2687a(b)(2) of title 10, United States Code. 

15 SEC. 8039. During the current fiscal year, appropria16 tions which are available to the Department of Defense 

17 for operation and maintenance may be used to purchase 

18 items having an investment item unit cost of not more 

19 than $250,000: Provided, That upon determination by the 

20 Secretary of Defense that such action is necessary to meet 

21 the operational requirements of a Commander of a Com22 batant Command engaged in a named contingency oper23 ation overseas, such funds may be used to purchase items 

24 having an investment item unit cost of not more than 

25 $500,000. 


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1 SEC. 8040. Amounts appropriated or otherwise made 

2 available to the Department of Defense in this Act, may 

3 not be obligated or expended for the retirement or divesti4 ture of the RQ–4 Global Hawk Block 40 aircraft: Pro5 vided, That the Secretary of the Air Force is prohibited 

6 from deactivating the corresponding squadrons responsible 

7 for the operations of the aforementioned aircraft. 

8 SEC. 8041. Up to $6,520,000 of the funds appro9 priated under the heading ‘‘Operation and Maintenance, 

10 Navy’’ may be made available for the Asia Pacific Re11 gional Initiative Program for the purpose of enabling the 

12 United States Indo-Pacific Command to execute Theater 

13 Security Cooperation activities such as humanitarian as14 sistance, and payment of incremental and personnel costs 

15 of training and exercising with foreign security forces: 

16 Provided, That funds made available for this purpose may 

17 be used, notwithstanding any other funding authorities for 

18 humanitarian assistance, security assistance or combined 

19 exercise expenses: Provided further, That funds may not 

20 be obligated to provide assistance to any foreign country 

21 that is otherwise prohibited from receiving such type of 

22 assistance under any other provision of law. 

23 SEC. 8042. The Secretary of Defense shall issue reg24 ulations to prohibit the sale of any tobacco or tobacco25 related products in military resale outlets in the United 


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1 States, its territories and possessions at a price below the 

2 most competitive price in the local community: Provided, 

3 That such regulations shall direct that the prices of to4 bacco or tobacco-related products in overseas military re5 tail outlets shall be within the range of prices established 

6 for military retail system stores located in the United 

7 States. 

8 SEC. 8043. (a) During the current fiscal year, none 

9 of the appropriations or funds available to the Department 

10 of Defense Working Capital Funds shall be used for the 

11 purchase of an investment item for the purpose of acquir12 ing a new inventory item for sale or anticipated sale dur13 ing the current fiscal year or a subsequent fiscal year to 

14 customers of the Department of Defense Working Capital 

15 Funds if such an item would not have been chargeable 

16 to the Department of Defense Business Operations Fund 

17 during fiscal year 1994 and if the purchase of such an 

18 investment item would be chargeable during the current 

19 fiscal year to appropriations made to the Department of 

20 Defense for procurement. 

21 (b) The fiscal year 2023 budget request for the De22 partment of Defense as well as all justification material 

23 and other documentation supporting the fiscal year 2023 

24 Department of Defense budget shall be prepared and sub25 mitted to the Congress on the basis that any equipment 


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1 which was classified as an end item and funded in a pro2 curement appropriation contained in this Act shall be 

3 budgeted for in a proposed fiscal year 2023 procurement 

4 appropriation and not in the supply management business 

5 area or any other area or category of the Department of 

6 Defense Working Capital Funds. 

7 SEC. 8044. None of the funds appropriated by this 

8 Act for programs of the Central Intelligence Agency shall 

9 remain available for obligation beyond the current fiscal 

10 year, except for funds appropriated for the Reserve for 

11 Contingencies, which shall remain available until Sep12 tember 30, 2023: Provided, That funds appropriated, 

13 transferred, or otherwise credited to the Central Intel14 ligence Agency Central Services Working Capital Fund 

15 during this or any prior or subsequent fiscal year shall 

16 remain available until expended: Provided further, That 

17 any funds appropriated or transferred to the Central Intel18 ligence Agency for advanced research and development ac19 quisition, for agent operations, and for covert action pro20 grams authorized by the President under section 503 of 

21 the National Security Act of 1947 (50 U.S.C. 3093) shall 

22 remain available until September 30, 2023: Provided fur23 ther, That any funds appropriated or transferred to the 

24 Central Intelligence Agency for the construction, improve25 ment, or alteration of facilities, including leased facilities, 


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1 to be used primarily by personnel of the intelligence com2 munity, shall remain available until September 30, 2024. 

3 SEC. 8045. (a) Except as provided in subsections (b) 

4 and (c), none of the funds made available by this Act may 

5 be used— 

6 (1) to establish a field operating agency; or 

7 (2) to pay the basic pay of a member of the 

8 Armed Forces or civilian employee of the depart9 ment who is transferred or reassigned from a head10 quarters activity if the member or employee’s place 

11 of duty remains at the location of that headquarters. 

12 (b) The Secretary of Defense or Secretary of a mili13 tary department may waive the limitations in subsection 

14 (a), on a case-by-case basis, if the Secretary determines, 

15 and certifies to the Committees on Appropriations of the 

16 House of Representatives and the Senate that the grant17 ing of the waiver will reduce the personnel requirements 

18 or the financial requirements of the department. 

19 (c) This section does not apply to— 

20 (1) field operating agencies funded within the 

21 National Intelligence Program; 

22 (2) an Army field operating agency established 

23 to eliminate, mitigate, or counter the effects of im24 provised explosive devices, and, as determined by the 

25 Secretary of the Army, other similar threats; 


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1 (3) an Army field operating agency established 

2 to improve the effectiveness and efficiencies of bio3 metric activities and to integrate common biometric 

4 technologies throughout the Department of Defense; 

5 (4) an Air Force field operating agency estab6 lished to administer the Air Force Mortuary Affairs 

7 Program and Mortuary Operations for the Depart8 ment of Defense and authorized Federal entities; 

9 (5) a Space Force field operating agency estab10 lished to provide space-related foundational scientific 

11 and technical intelligence support for the warfighter, 

12 the acquisition community, and National-level policy13 makers; 

14 (6) a Space Force direct reporting unit estab15 lished to conduct analysis, modeling, wargaming, 

16 and experimentation to create operational concepts 

17 and develop future force design options; or 

18 (7) a Space Force field operating agency estab19 lished to execute whole of talent management life20 cycle delivery aligned to a mission-focused, agile, and 

21 small Force. 

22 SEC. 8046. (a) None of the funds appropriated by 

23 this Act shall be available to convert to contractor per24 formance an activity or function of the Department of De25 fense that, on or after the date of the enactment of this 


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1 Act, is performed by Department of Defense civilian em2 ployees unless— 

3 (1) the conversion is based on the result of a 

4 public-private competition that includes a most effi5 cient and cost effective organization plan developed 

6 by such activity or function; 

7 (2) the Competitive Sourcing Official deter8 mines that, over all performance periods stated in 

9 the solicitation of offers for performance of the ac10 tivity or function, the cost of performance of the ac11 tivity or function by a contractor would be less costly 

12 to the Department of Defense by an amount that 

13 equals or exceeds the lesser of— 

14 (A) 10 percent of the most efficient organi15 zation’s personnel-related costs for performance 

16 of that activity or function by Federal employ17 ees; or 

18 (B) $10,000,000; and 

19 (3) the contractor does not receive an advan20 tage for a proposal that would reduce costs for the 

21 Department of Defense by— 

22 (A) not making an employer-sponsored 

23 health insurance plan available to the workers 

24 who are to be employed in the performance of 

25 that activity or function under the contract; or 


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1 (B) offering to such workers an employer2 sponsored health benefits plan that requires the 

3 employer to contribute less towards the pre4 mium or subscription share than the amount 

5 that is paid by the Department of Defense for 

6 health benefits for civilian employees under 

7 chapter 89 of title 5, United States Code. 

8 (b)(1) The Department of Defense, without regard 

9 to subsection (a) of this section or subsection (a), (b), or 

10 (c) of section 2461 of title 10, United States Code, and 

11 notwithstanding any administrative regulation, require12 ment, or policy to the contrary shall have full authority 

13 to enter into a contract for the performance of any com14 mercial or industrial type function of the Department of 

15 Defense that— 

16 (A) is included on the procurement list estab17 lished pursuant to section 2 of the Javits-Wagner18 O’Day Act (section 8503 of title 41, United States 

19 Code); 

20 (B) is planned to be converted to performance 

21 by a qualified nonprofit agency for the blind or by 

22 a qualified nonprofit agency for other severely handi23 capped individuals in accordance with that Act; or 

24 (C) is planned to be converted to performance 

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1 ship by an Indian tribe, as defined in section 4(e) 

2 of the Indian Self-Determination and Education As3 sistance Act (25 U.S.C. 450b(e)), or a Native Ha4 waiian Organization, as defined in section 8(a)(15) 

5 of the Small Business Act (15 U.S.C. 637(a)(15)). 

6 (2) This section shall not apply to depot contracts 

7 or contracts for depot maintenance as provided in sections 

8 2469 and 2474 of title 10, United States Code. 

9 (c) The conversion of any activity or function of the 

10 Department of Defense under the authority provided by 

11 this section shall be credited toward any competitive or 

12 outsourcing goal, target, or measurement that may be es13 tablished by statute, regulation, or policy and is deemed 

14 to be awarded under the authority of, and in compliance 

15 with, subsection (h) of section 2304 of title 10, United 

16 States Code, for the competition or outsourcing of com17 mercial activities. 

18 (RESCISSIONS)

19 SEC. 8047. Of the funds appropriated in Department 

20 of Defense Appropriations Acts, the following funds are 

21 hereby rescinded from the following accounts and pro22 grams in the specified amounts: Provided, That no 

23 amounts may be rescinded from amounts that were des24 ignated by the Congress as an emergency requirement 

25 pursuant to the Concurrent Resolution on the Budget or 


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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985: 

3 ‘‘Other Procurement, Navy’’, 2020/2022, 

4 $3,500,000; 

5 ‘‘Aircraft Procurement, Air Force’’, 2020/2022, 

6 $114,125,000; 

7 ‘‘Operation and Maintenance, Defense-Wide’’, 

8 2021/2022, $105,000,000; 

9 ‘‘Afghanistan Security Forces Fund’’, 2021/ 

10 2022, $500,000,000; 

11 ‘‘Counter-ISIS Train and Equip Fund’’, 2021/ 

12 2022, $355,000,000; 

13 ‘‘Procurement of Ammunition, Army’’, 2021/ 

14 2023, $77,254,000; 

15 ‘‘Aircraft Procurement, Navy’’, 2021/2023, 

16 $36,572,000; 

17 ‘‘Procurement of Ammunition, Navy and Ma18 rine Corps’’, 2021/2023, $30,000,000; 

19 ‘‘Shipbuilding and Conversion, Navy: DDG-51 

20 Destroyer’’, 2021/2025, $130,000,000; 

21 ‘‘Other Procurement, Navy’’, 2021/2023, 

22 $3,014,000; 

23 ‘‘Procurement, Marine Corps’’, 2021/2023, 

24 $219,057,000; 


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1 ‘‘Aircraft Procurement, Air Force’’, 2021/2023, 

2 $805,481,000; 

3 ‘‘Procurement, Space Force’’, 2021/2023, 

4 $45,700,000; 

5 ‘‘Procurement of Ammunition, Air Force’’, 

6 2021/2023, $436,791,000; 

7 ‘‘Other Procurement, Air Force’’, 2021/2023, 

8 $181,890,000; 

9 ‘‘Research, Development, Test and Evaluation, 

10 Army’’, 2021/2022, $92,441,000; 

11 ‘‘Research, Development, Test and Evaluation, 

12 Navy’’, 2021/2022, $51,500,000; 

13 ‘‘Research, Development, Test and Evaluation, 

14 Air Force’’, 2021/2022, $15,000,000; 

15 ‘‘Research, Development, Test and Evaluation, 

16 Space Force’’, 2021/2022, $146,368,000; and 

17 ‘‘Research, Development, Test and Evaluation, 

18 Defense-Wide’’, 2021/2022, $164,667,000. 

19 SEC. 8048. None of the funds available in this Act 

20 may be used to reduce the authorized positions for mili21 tary technicians (dual status) of the Army National 

22 Guard, Air National Guard, Army Reserve and Air Force 

23 Reserve for the purpose of applying any administratively 

24 imposed civilian personnel ceiling, freeze, or reduction on 

25 military technicians (dual status), unless such reductions 


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1 are a direct result of a reduction in military force struc2 ture. 

3 SEC. 8049. None of the funds appropriated or other4 wise made available in this Act may be obligated or ex5 pended for assistance to the Democratic People’s Republic 

6 of Korea unless specifically appropriated for that purpose: 

7 Provided, That this restriction shall not apply to any ac8 tivities incidental to the Defense POW/MIA Accounting 

9 Agency mission to recover and identify the remains of 

10 United States Armed Forces personnel from the Demo11 cratic People’s Republic of Korea. 

12 SEC. 8050. In this fiscal year and each fiscal year 

13 thereafter, funds appropriated for operation and mainte14 nance of the Military Departments, Combatant Com15 mands and Defense Agencies shall be available for reim16 bursement of pay, allowances and other expenses which 

17 would otherwise be incurred against appropriations for the 

18 National Guard and Reserve when members of the Na19 tional Guard and Reserve provide intelligence or counter20 intelligence support to Combatant Commands, Defense 

21 Agencies and Joint Intelligence Activities, including the 

22 activities and programs included within the National Intel23 ligence Program and the Military Intelligence Program: 

24 Provided, That nothing in this section authorizes deviation 


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1 from established Reserve and National Guard personnel 

2 and training procedures. 

3 SEC. 8051. (a) None of the funds available to the 

4 Department of Defense for any fiscal year for drug inter5 diction or counter-drug activities may be transferred to 

6 any other department or agency of the United States ex7 cept as specifically provided in an appropriations law. 

8 (b) None of the funds available to the Central Intel9 ligence Agency for any fiscal year for drug interdiction or 

10 counter-drug activities may be transferred to any other de11 partment or agency of the United States except as specifi12 cally provided in an appropriations law. 

13 SEC. 8052. In addition to the amounts appropriated 

14 or otherwise made available elsewhere in this Act, 

15 $22,500,000 is hereby appropriated to the Department of 

16 Defense: Provided, That upon the determination of the 

17 Secretary of Defense that it shall serve the national inter18 est, the Secretary shall make grants in the amounts speci19 fied as follows: $22,500,000 to the United Service Organi20 zations. 

21 SEC. 8053. Notwithstanding any other provision in 

22 this Act, the Small Business Innovation Research program 

23 and the Small Business Technology Transfer program set24 asides shall be taken proportionally from all programs, 

25 projects, or activities to the extent they contribute to the 


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1 extramural budget. The Secretary of each military depart2 ment, the Director of each Defense Agency, and the head 

3 of each other relevant component of the Department of 

4 Defense shall submit to the congressional defense commit5 tees, concurrent with submission of the budget justifica6 tion documents to Congress pursuant to section 1105 of 

7 title 31, United States Code, a report with a detailed ac8 counting of the Small Business Innovation Research pro9 gram and the Small Business Technology Transfer pro10 gram set-asides taken from programs, projects, or activi11 ties within such department, agency, or component during 

12 the most recently completed fiscal year. 

13 SEC. 8054. None of the funds available to the De14 partment of Defense under this Act shall be obligated or 

15 expended to pay a contractor under a contract with the 

16 Department of Defense for costs of any amount paid by 

17 the contractor to an employee when— 

18 (1) such costs are for a bonus or otherwise in 

19 excess of the normal salary paid by the contractor 

20 to the employee; and 

21 (2) such bonus is part of restructuring costs as22 sociated with a business combination. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8055. During the current fiscal year, no more 

25 than $30,000,000 of appropriations made in this Act 


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1 under the heading ‘‘Operation and Maintenance, Defense2 Wide’’ may be transferred to appropriations available for 

3 the pay of military personnel, to be merged with, and to 

4 be available for the same time period as the appropriations 

5 to which transferred, to be used in support of such per6 sonnel in connection with support and services for eligible 

7 organizations and activities outside the Department of De8 fense pursuant to section 2012 of title 10, United States 

9 Code. 

10 SEC. 8056. During the current fiscal year, in the case 

11 of an appropriation account of the Department of Defense 

12 for which the period of availability for obligation has ex13 pired or which has closed under the provisions of section 

14 1552 of title 31, United States Code, and which has a 

15 negative unliquidated or unexpended balance, an obliga16 tion or an adjustment of an obligation may be charged 

17 to any current appropriation account for the same purpose 

18 as the expired or closed account if— 

19 (1) the obligation would have been properly 

20 chargeable (except as to amount) to the expired or 

21 closed account before the end of the period of avail22 ability or closing of that account; 

23 (2) the obligation is not otherwise properly 

24 chargeable to any current appropriation account of 

25 the Department of Defense; and 


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1 (3) in the case of an expired account, the obli2 gation is not chargeable to a current appropriation 

3 of the Department of Defense under the provisions 

4 of section 1405(b)(8) of the National Defense Au5 thorization Act for Fiscal Year 1991, Public Law 

6 101–510, as amended (31 U.S.C. 1551 note): Pro7 vided, That in the case of an expired account, if sub8 sequent review or investigation discloses that there 

9 was not in fact a negative unliquidated or unex10 pended balance in the account, any charge to a cur11 rent account under the authority of this section shall 

12 be reversed and recorded against the expired ac13 count: Provided further, That the total amount 

14 charged to a current appropriation under this sec15 tion may not exceed an amount equal to 1 percent 

16 of the total appropriation for that account: 

17 Provided, That the Under Secretary of Defense (Comp18 troller) shall include with the budget of the President for 

19 fiscal year 2023 (as submitted to Congress pursuant to 

20 section 1105 of title 31, United States Code) a statement 

21 describing each instance if any, during each of the fiscal 

22 years 2016 through 2022 in which the authority in this 

23 section was exercised. 

24 SEC. 8057. (a) Notwithstanding any other provision 

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1 mit the use of equipment of the National Guard Distance 

2 Learning Project by any person or entity on a space-avail3 able, reimbursable basis. The Chief of the National Guard 

4 Bureau shall establish the amount of reimbursement for 

5 such use on a case-by-case basis. 

6 (b) Amounts collected under subsection (a) shall be 

7 credited to funds available for the National Guard Dis8 tance Learning Project and be available to defray the costs 

9 associated with the use of equipment of the project under 

10 that subsection. Such funds shall be available for such 

11 purposes without fiscal year limitation. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8058. Of the funds appropriated in this Act 

14 under the heading ‘‘Operation and Maintenance, Defense15 Wide’’, $46,000,000 shall be for continued implementation 

16 and expansion of the Sexual Assault Special Victims’ 

17 Counsel Program: Provided, That the funds are made 

18 available for transfer to the Department of the Army, the 

19 Department of the Navy, and the Department of the Air 

20 Force: Provided further, That funds transferred shall be 

21 merged with and available for the same purposes and for 

22 the same time period as the appropriations to which the 

23 funds are transferred: Provided further, That this transfer 

24 authority is in addition to any other transfer authority 

25 provided in this Act. 


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1 SEC. 8059. None of the funds appropriated in title 

2 IV of this Act may be used to procure end-items for deliv3 ery to military forces for operational training, operational 

4 use or inventory requirements: Provided, That this restric5 tion does not apply to end-items used in development, 

6 prototyping, and test activities preceding and leading to 

7 acceptance for operational use: Provided further, That this 

8 restriction does not apply to programs funded within the 

9 National Intelligence Program: Provided further, That the 

10 Secretary of Defense shall, at the time of the submittal 

11 to Congress of the budget of the President for fiscal year 

12 2023 pursuant to section 1105 of title 31, United States 

13 Code, submit to the congressional defense committees a 

14 report detailing the use of funds requested in research, 

15 development, test and evaluation accounts for end-items 

16 used in development, prototyping and test activities pre17 ceding and leading to acceptance for operational use: Pro18 vided further, That the report shall set forth, for each end19 item covered by the preceding proviso, a detailed list of 

20 the statutory authorities under which amounts in the ac21 counts described in that proviso were used for such item: 

22 Provided further, That the Secretary of Defense shall, at 

23 the time of the submittal to Congress of the budget of 

24 the President for fiscal year 2023 pursuant to section 

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1 gressional defense committees a certification that funds 

2 requested for fiscal year 2023 in research, development, 

3 test and evaluation are in compliance with this section: 

4 Provided further, That the Secretary of Defense may waive 

5 this restriction on a case-by-case basis by certifying in 

6 writing to the Committees on Appropriations of the House 

7 of Representatives and the Senate that it is in the national 

8 security interest to do so. 

9 SEC. 8060. None of the funds appropriated or other10 wise made available by this or other Department of De11 fense Appropriations Acts may be obligated or expended 

12 for the purpose of performing repairs or maintenance to 

13 military family housing units of the Department of De14 fense, including areas in such military family housing 

15 units that may be used for the purpose of conducting offi16 cial Department of Defense business. 

17 SEC. 8061. Notwithstanding any other provision of 

18 law, funds appropriated in this Act under the heading 

19 ‘‘Research, Development, Test and Evaluation, Defense20 Wide’’ for any new start advanced concept technology 

21 demonstration project or joint capability demonstration 

22 project may only be obligated 45 days after a report, in23 cluding a description of the project, the planned acquisi24 tion and transition strategy and its estimated annual and 

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1 sional defense committees: Provided, That the Secretary 

2 of Defense may waive this restriction on a case-by-case 

3 basis by certifying to the congressional defense committees 

4 that it is in the national interest to do so. 

5 SEC. 8062. The Secretary of Defense shall continue 

6 to provide a classified quarterly report to the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate, Subcommittees on Defense on certain matters as 

9 directed in the classified annex accompanying this Act. 

10 SEC. 8063. Notwithstanding section 12310(b) of title 

11 10, United States Code, a Reserve who is a member of 

12 the National Guard serving on full-time National Guard 

13 duty under section 502(f) of title 32, United States Code, 

14 may perform duties in support of the ground-based ele15 ments of the National Ballistic Missile Defense System. 

16 SEC. 8064. None of the funds provided in this Act 

17 may be used to transfer to any nongovernmental entity 

18 ammunition held by the Department of Defense that has 

19 a center-fire cartridge and a United States military no20 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

21 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

22 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 

23 entity performing demilitarization services for the Depart24 ment of Defense under a contract that requires the entity 

25 to demonstrate to the satisfaction of the Department of 


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1 Defense that armor piercing projectiles are either: (1) ren2 dered incapable of reuse by the demilitarization process; 

3 or (2) used to manufacture ammunition pursuant to a con4 tract with the Department of Defense or the manufacture 

5 of ammunition for export pursuant to a License for Per6 manent Export of Unclassified Military Articles issued by 

7 the Department of State. 

8 SEC. 8065. Notwithstanding any other provision of 

9 law, the Chief of the National Guard Bureau, or his des10 ignee, may waive payment of all or part of the consider11 ation that otherwise would be required under section 2667 

12 of title 10, United States Code, in the case of a lease of 

13 personal property for a period not in excess of 1 year to 

14 any organization specified in section 508(d) of title 32, 

15 United States Code, or any other youth, social, or fra16 ternal nonprofit organization as may be approved by the 

17 Chief of the National Guard Bureau, or his designee, on 

18 a case-by-case basis. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8066. Of the amounts appropriated in this Act 

21 under the heading ‘‘Operation and Maintenance, Army’’, 

22 $152,925,875 shall remain available until expended: Pro23 vided, That, notwithstanding any other provision of law, 

24 the Secretary of Defense is authorized to transfer such 

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1 vided further, That the Secretary of Defense is authorized 

2 to enter into and carry out contracts for the acquisition 

3 of real property, construction, personal services, and oper4 ations related to projects carrying out the purposes of this 

5 section: Provided further, That contracts entered into 

6 under the authority of this section may provide for such 

7 indemnification as the Secretary determines to be nec8 essary: Provided further, That projects authorized by this 

9 section shall comply with applicable Federal, State, and 

10 local law to the maximum extent consistent with the na11 tional security, as determined by the Secretary of Defense. 

12 SEC. 8067. (a) None of the funds appropriated in this 

13 or any other Act may be used to take any action to mod14 ify— 

15 (1) the appropriations account structure for the 

16 National Intelligence Program budget, including 

17 through the creation of a new appropriation or new 

18 appropriation account; 

19 (2) how the National Intelligence Program 

20 budget request is presented in the unclassified P–1, 

21 R–1, and O–1 documents supporting the Depart22 ment of Defense budget request; 

23 (3) the process by which the National Intel24 ligence Program appropriations are apportioned to 

25 the executing agencies; or 


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1 (4) the process by which the National Intel2 ligence Program appropriations are allotted, obli3 gated and disbursed. 

4 (b) Nothing in subsection (a) shall be construed to 

5 prohibit the merger of programs or changes to the Na6 tional Intelligence Program budget at or below the Ex7 penditure Center level, provided such change is otherwise 

8 in accordance with paragraphs (1)–(3) of subsection (a). 

9 (c) The Director of National Intelligence and the Sec10 retary of Defense may jointly, only for the purposes of 

11 achieving auditable financial statements and improving 

12 fiscal reporting, study and develop detailed proposals for 

13 alternative financial management processes. Such study 

14 shall include a comprehensive counterintelligence risk as15 sessment to ensure that none of the alternative processes 

16 will adversely affect counterintelligence. 

17 (d) Upon development of the detailed proposals de18 fined under subsection (c), the Director of National Intel19 ligence and the Secretary of Defense shall— 

20 (1) provide the proposed alternatives to all af21 fected agencies; 

22 (2) receive certification from all affected agen23 cies attesting that the proposed alternatives will help 

24 achieve auditability, improve fiscal reporting, and 

25 will not adversely affect counterintelligence; and 


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1 (3) not later than 30 days after receiving all 

2 necessary certifications under paragraph (2), present 

3 the proposed alternatives and certifications to the 

4 congressional defense and intelligence committees. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8068. In addition to amounts made available 

7 elsewhere in this Act, $500,000,000 is hereby appro8 priated to the Department of Defense and made available 

9 for transfer to the operation and maintenance accounts 

10 and research, development, test and evaluation accounts 

11 of the Army, Navy, Marine Corps, Air Force, and Space 

12 Force for purposes of improving tactical artificial intel13 ligence at the Combatant Commands: Provided, That none 

14 of the funds provided under this section may be obligated 

15 or expended until 90 days after the Secretary of Defense 

16 provides to the congressional defense committees an execu17 tion plan: Provided further, That not less than 30 days 

18 prior to any transfer of funds, the Secretary of Defense 

19 shall notify the congressional defense committees of the 

20 details of any such transfer: Provided further, That upon 

21 transfer, the funds shall be merged with and available for 

22 the same purposes, and for the same time period, as the 

23 appropriation to which transferred: Provided further, That 

24 the transfer authority provided under this section is in adVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 dition to any other transfer authority provided elsewhere 

2 in this Act. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8069. During the current fiscal year, not to ex5 ceed $11,000,000 from each of the appropriations made 

6 in title II of this Act for ‘‘Operation and Maintenance, 

7 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper8 ation and Maintenance, Air Force’’ may be transferred by 

9 the military department concerned to its central fund es10 tablished for Fisher Houses and Suites pursuant to sec11 tion 2493(d) of title 10, United States Code. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8070. Of the amounts appropriated for ‘‘Oper14 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

15 available for transfer to the John C. Stennis Center for 

16 Public Service Development Trust Fund established under 

17 section 116 of the John C. Stennis Center for Public Serv18 ice Training and Development Act (2 U.S.C. 1105). 

19 SEC. 8071. None of the funds available to the De20 partment of Defense may be obligated to modify command 

21 and control relationships to give Fleet Forces Command 

22 operational and administrative control of United States 

23 Navy forces assigned to the Pacific fleet: Provided, That 

24 the command and control relationships which existed on 

25 October 1, 2004, shall remain in force until a written 


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1 modification has been proposed to the Committees on Ap2 propriations of the House of Representatives and the Sen3 ate: Provided further, That the proposed modification may 

4 be implemented 30 days after the notification unless an 

5 objection is received from either the House or Senate Ap6 propriations Committees: Provided further, That any pro7 posed modification shall not preclude the ability of the 

8 commander of United States Indo-Pacific Command to 

9 meet operational requirements. 

10 SEC. 8072. Any notice that is required to be sub11 mitted to the Committees on Appropriations of the House 

12 of Representatives and the Senate under section 806(c)(4) 

13 of the Bob Stump National Defense Authorization Act for 

14 Fiscal Year 2003 (10 U.S.C. 2302 note) after the date 

15 of the enactment of this Act shall be submitted pursuant 

16 to that requirement concurrently to the Committees on 

17 Appropriations of the House of Representatives and the 

18 Senate, Subcommittees on Defense. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8073. Of the amounts appropriated in this Act 

21 under the headings ‘‘Procurement, Defense-Wide’’ and 

22 ‘‘Research, Development, Test and Evaluation, Defense23 Wide’’, $500,000,000 shall be for the Israeli Cooperative 

24 Programs: Provided, That of this amount, $108,000,000 

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1 ernment of Israel for the procurement of the Iron Dome 

2 defense system to counter short-range rocket threats, sub3 ject to the U.S.-Israel Iron Dome Procurement Agree4 ment, as amended; $157,000,000 shall be for the Short 

5 Range Ballistic Missile Defense (SRBMD) program, in6 cluding cruise missile defense research and development 

7 under the SRBMD program, of which $30,000,000 shall 

8 be for co-production activities of SRBMD systems in the 

9 United States and in Israel to meet Israel’s defense re10 quirements consistent with each nation’s laws, regulations, 

11 and procedures, subject to the U.S.-Israeli co-production 

12 agreement for SRBMD, as amended; $62,000,000 shall 

13 be for an upper-tier component to the Israeli Missile De14 fense Architecture, of which $62,000,000 shall be for co15 production activities of Arrow 3 Upper Tier systems in 

16 the United States and in Israel to meet Israel’s defense 

17 requirements consistent with each nation’s laws, regula18 tions, and procedures, subject to the U.S.-Israeli co-pro19 duction agreement for Arrow 3 Upper Tier, as amended; 

20 and $173,000,000 shall be for the Arrow System Improve21 ment Program including development of a long range, 

22 ground and airborne, detection suite: Provided further, 

23 That the transfer authority provided under this provision 

24 is in addition to any other transfer authority contained 

25 in this Act. 


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1 SEC. 8074. Of the amounts appropriated in this Act 

2 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

3 $660,795,000 shall be available until September 30, 2022, 

4 to fund prior year shipbuilding cost increases for the fol5 lowing programs: 

6 (1) Under the heading ‘‘Shipbuilding and Con7 version, Navy’’, 2013/2022: Carrier Replacement 

8 Program $291,000,000; 

9 (2) Under the heading ‘‘Shipbuilding and Con10 version, Navy’’, 2015/2022: DDG–51 Destroyer 

11 $44,577,000; 

12 (3) Under the heading ‘‘Shipbuilding and Con13 version, Navy’’, 2016/2022: DDG–51 Destroyer 

14 $1,176,000; 

15 (4) Under the heading ‘‘Shipbuilding and Con16 version, Navy’’, 2016/2022: TAO Fleet Oiler 

17 $23,358,000; 

18 (5) Under the heading ‘‘Shipbuilding and Con19 version, Navy’’, 2016/2022: Littoral Combat Ship 

20 $24,860,000; 

21 (6) Under the heading ‘‘Shipbuilding and Con22 version, Navy’’, 2016/2022: CVN Refueling Over23 hauls $158,800,000; 

24 (7) Under the heading ‘‘Shipbuilding and Con25 version, Navy’’, 2017/2022: LPD–17 $53,682,000; 


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1 (8) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2017/2022: Littoral Combat Ship 

3 $20,000,000; and 

4 (9) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2018/2022: TAO Fleet Oiler 

6 $43,342,000. 

7 SEC. 8075. Funds appropriated by this Act, or made 

8 available by the transfer of funds in this Act, for intel9 ligence activities are deemed to be specifically authorized 

10 by the Congress for purposes of section 504 of the Na11 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

12 year 2022 until the enactment of the Intelligence Author13 ization Act for Fiscal Year 2022. 

14 SEC. 8076. None of the funds provided in this Act 

15 shall be available for obligation or expenditure through a 

16 reprogramming of funds that creates or initiates a new 

17 program, project, or activity unless such program, project, 

18 or activity must be undertaken immediately in the interest 

19 of national security and only after written prior notifica20 tion to the congressional defense committees. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8077. In addition to amounts made available 

23 elsewhere in this Act, $100,000,000 is hereby appro24 priated to the Department of Defense and made available 

25 for transfer to the Department of Defense Acquisition 


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1 Workforce Development Account and the operation and 

2 maintenance accounts of the Army, Navy, Marine Corps, 

3 Air Force, and Space Force for purposes of recruiting and 

4 training the Department of Defense artificial intelligence5 literate acquisition workforce: Provided, That none of the 

6 funds provided under this section may be obligated or ex7 pended until 90 days after the Secretary of Defense pro8 vides to the congressional defense committees an execution 

9 plan: Provided further, That not less than 30 days prior 

10 to any transfer of funds, the Secretary of Defense shall 

11 notify the congressional defense committees of the details 

12 of any such transfer: Provided further, That upon transfer, 

13 the funds shall be merged with and be available for the 

14 same purposes, and for the same time period, as the ap15 propriation to which transferred: Provided further, That 

16 the transfer authority provided under this section is in ad17 dition to any other transfer authority provided elsewhere 

18 in this Act. 

19 SEC. 8078. None of the funds in this Act may be 

20 used for research, development, test, evaluation, procure21 ment or deployment of nuclear armed interceptors of a 

22 missile defense system. 

23 SEC. 8079. The Secretary of Defense may use up to 

24 $650,000,000 of the amounts appropriated or otherwise 

25 made available in this Act to the Department of Defense 


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1 for the rapid acquisition and deployment of supplies and 

2 associated support services pursuant to section 806 of the 

3 Bob Stump National Defense Authorization Act for Fiscal 

4 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note), 

5 but only for the purposes specified in clauses (i), (ii), (iii), 

6 and (iv) of subsection (c)(3)(B) of such section and sub7 ject to the applicable limits specified in clauses (i), (ii), 

8 and (iii) of such subsection and, in the case of clause (iv) 

9 of such subsection, subject to a limit of $50,000,000: Pro10 vided, That the Secretary of Defense shall notify the con11 gressional defense committees promptly of all uses of this 

12 authority. 

13 SEC. 8080. None of the funds appropriated or made 

14 available in this Act shall be used to reduce or disestablish 

15 the operation of the 53rd Weather Reconnaissance Squad16 ron of the Air Force Reserve, if such action would reduce 

17 the WC–130 Weather Reconnaissance mission below the 

18 levels funded in this Act: Provided, That the Air Force 

19 shall allow the 53rd Weather Reconnaissance Squadron to 

20 perform other missions in support of national defense re21 quirements during the non-hurricane season. 

22 SEC. 8081. None of the funds provided in this Act 

23 shall be available for integration of foreign intelligence in24 formation unless the information has been lawfully col25 lected and processed during the conduct of authorized forVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 eign intelligence activities: Provided, That information 

2 pertaining to United States persons shall only be handled 

3 in accordance with protections provided in the Fourth 

4 Amendment of the United States Constitution as imple5 mented through Executive Order No. 12333. 

6 SEC. 8082. (a) None of the funds appropriated by 

7 this Act may be used to transfer research and develop8 ment, acquisition, or other program authority relating to 

9 current tactical unmanned aerial vehicles (TUAVs) from 

10 the Army. 

11 (b) The Army shall retain responsibility for and oper12 ational control of the MQ–1C Gray Eagle Unmanned Aer13 ial Vehicle (UAV) in order to support the Secretary of De14 fense in matters relating to the employment of unmanned 

15 aerial vehicles. 

16 SEC. 8083. None of the funds appropriated by this 

17 Act for programs of the Office of the Director of National 

18 Intelligence shall remain available for obligation beyond 

19 the current fiscal year, except for funds appropriated for 

20 research and technology, which shall remain available until 

21 September 30, 2023, and except for funds appropriated 

22 for the purchase of real property, which shall remain avail23 able until September 30, 2024. 

24 SEC. 8084. For purposes of section 1553(b) of title 

25 31, United States Code, any subdivision of appropriations 


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1 made in this Act under the heading ‘‘Shipbuilding and 

2 Conversion, Navy’’ shall be considered to be for the same 

3 purpose as any subdivision under the heading ‘‘Ship4 building and Conversion, Navy’’ appropriations in any 

5 prior fiscal year, and the 1 percent limitation shall apply 

6 to the total amount of the appropriation. 

7 SEC. 8085. (a) Not later than 60 days after the date 

8 of enactment of this Act, the Director of National Intel9 ligence shall submit a report to the congressional intel10 ligence committees to establish the baseline for application 

11 of reprogramming and transfer authorities for fiscal year 

12 2022: Provided, That the report shall include— 

13 (1) a table for each appropriation with a sepa14 rate column to display the President’s budget re15 quest, adjustments made by Congress, adjustments 

16 due to enacted rescissions, if appropriate, and the 

17 fiscal year enacted level; 

18 (2) a delineation in the table for each appro19 priation by Expenditure Center and project; and 

20 (3) an identification of items of special congres21 sional interest. 

22 (b) None of the funds provided for the National Intel23 ligence Program in this Act shall be available for re24 programming or transfer until the report identified in sub25 section (a) is submitted to the congressional intelligence 


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1 committees, unless the Director of National Intelligence 

2 certifies in writing to the congressional intelligence com3 mittees that such reprogramming or transfer is necessary 

4 as an emergency requirement. 

5 SEC. 8086. Any transfer of amounts appropriated to 

6 the Department of Defense Acquisition Workforce Devel7 opment Account in or for fiscal year 2022 to a military 

8 department or Defense Agency pursuant to section 

9 1705(e)(1) of title 10, United States Code, shall be cov10 ered by and subject to section 8005 of this Act. 

11 SEC. 8087. (a) None of the funds provided for the 

12 National Intelligence Program in this or any prior appro13 priations Act shall be available for obligation or expendi14 ture through a reprogramming or transfer of funds in ac15 cordance with section 102A(d) of the National Security 

16 Act of 1947 (50 U.S.C. 3024(d)) that— 

17 (1) creates a new start effort; 

18 (2) terminates a program with appropriated 

19 funding of $10,000,000 or more; 

20 (3) transfers funding into or out of the Na21 tional Intelligence Program; or 

22 (4) transfers funding between appropriations, 

23 unless the congressional intelligence committees are 

24 notified 30 days in advance of such reprogramming 


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1 of funds; this notification period may be reduced for 

2 urgent national security requirements. 

3 (b) None of the funds provided for the National Intel4 ligence Program in this or any prior appropriations Act 

5 shall be available for obligation or expenditure through a 

6 reprogramming or transfer of funds in accordance with 

7 section 102A(d) of the National Security Act of 1947 (50 

8 U.S.C. 3024(d)) that results in a cumulative increase or 

9 decrease of the levels specified in the classified annex ac10 companying the Act unless the congressional intelligence 

11 committees are notified 30 days in advance of such re12 programming of funds; this notification period may be re13 duced for urgent national security requirements. 

14 SEC. 8088. Notwithstanding any other provision of 

15 this Act, to reflect higher than anticipated fuel costs, the 

16 total amount appropriated in title II of this Act is hereby 

17 increased by $300,000,000. 

18 SEC. 8089. (a) Any agency receiving funds made 

19 available in this Act, shall, subject to subsections (b) and 

20 (c), post on the public Web site of that agency any report 

21 required to be submitted by the Congress in this or any 

22 other Act, upon the determination by the head of the agen23 cy that it shall serve the national interest. 

24 (b) Subsection (a) shall not apply to a report if— 


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1 (1) the public posting of the report com2 promises national security; or 

3 (2) the report contains proprietary information. 

4 (c) The head of the agency posting such report shall 

5 do so only after such report has been made available to 

6 the requesting Committee or Committees of Congress for 

7 no less than 45 days. 

8 SEC. 8090. (a) None of the funds appropriated or 

9 otherwise made available by this Act may be expended for 

10 any Federal contract for an amount in excess of 

11 $1,000,000, unless the contractor agrees not to— 

12 (1) enter into any agreement with any of its 

13 employees or independent contractors that requires, 

14 as a condition of employment, that the employee or 

15 independent contractor agree to resolve through ar16 bitration any claim under title VII of the Civil 

17 Rights Act of 1964 or any tort related to or arising 

18 out of sexual assault or harassment, including as19 sault and battery, intentional infliction of emotional 

20 distress, false imprisonment, or negligent hiring, su21 pervision, or retention; or 

22 (2) take any action to enforce any provision of 

23 an existing agreement with an employee or inde24 pendent contractor that mandates that the employee 

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1 tion any claim under title VII of the Civil Rights Act 

2 of 1964 or any tort related to or arising out of sex3 ual assault or harassment, including assault and 

4 battery, intentional infliction of emotional distress, 

5 false imprisonment, or negligent hiring, supervision, 

6 or retention. 

7 (b) None of the funds appropriated or otherwise 

8 made available by this Act may be expended for any Fed9 eral contract unless the contractor certifies that it requires 

10 each covered subcontractor to agree not to enter into, and 

11 not to take any action to enforce any provision of, any 

12 agreement as described in paragraphs (1) and (2) of sub13 section (a), with respect to any employee or independent 

14 contractor performing work related to such subcontract. 

15 For purposes of this subsection, a ‘‘covered subcon16 tractor’’ is an entity that has a subcontract in excess of 

17 $1,000,000 on a contract subject to subsection (a). 

18 (c) The prohibitions in this section do not apply with 

19 respect to a contractor’s or subcontractor’s agreements 

20 with employees or independent contractors that may not 

21 be enforced in a court of the United States. 

22 (d) The Secretary of Defense may waive the applica23 tion of subsection (a) or (b) to a particular contractor or 

24 subcontractor for the purposes of a particular contract or 

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1 sonally determines that the waiver is necessary to avoid 

2 harm to national security interests of the United States, 

3 and that the term of the contract or subcontract is not 

4 longer than necessary to avoid such harm. The determina5 tion shall set forth with specificity the grounds for the 

6 waiver and for the contract or subcontract term selected, 

7 and shall state any alternatives considered in lieu of a 

8 waiver and the reasons each such alternative would not 

9 avoid harm to national security interests of the United 

10 States. The Secretary of Defense shall transmit to Con11 gress, and simultaneously make public, any determination 

12 under this subsection not less than 15 business days be13 fore the contract or subcontract addressed in the deter14 mination may be awarded. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8091. From within the funds appropriated for 

17 operation and maintenance for the Defense Health Pro18 gram in this Act, up to $137,000,000, shall be available 

19 for transfer to the Joint Department of Defense-Depart20 ment of Veterans Affairs Medical Facility Demonstration 

21 Fund in accordance with the provisions of section 1704 

22 of the National Defense Authorization Act for Fiscal Year 

23 2010, Public Law 111–84: Provided, That for purposes 

24 of section 1704(b), the facility operations funded are oper25 ations of the integrated Captain James A. Lovell Federal 


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1 Health Care Center, consisting of the North Chicago Vet2 erans Affairs Medical Center, the Navy Ambulatory Care 

3 Center, and supporting facilities designated as a combined 

4 Federal medical facility as described by section 706 of 

5 Public Law 110–417: Provided further, That additional 

6 funds may be transferred from funds appropriated for op7 eration and maintenance for the Defense Health Program 

8 to the Joint Department of Defense-Department of Vet9 erans Affairs Medical Facility Demonstration Fund upon 

10 written notification by the Secretary of Defense to the 

11 Committees on Appropriations of the House of Represent12 atives and the Senate. 

13 SEC. 8092. From funds made available in title II of 

14 this Act, the Secretary of Defense may purchase for use 

15 by military and civilian employees of the Department of 

16 Defense in the United States Central Command area of 

17 responsibility: (1) passenger motor vehicles up to a limit 

18 of $75,000 per vehicle; and (2) heavy and light armored 

19 vehicles for the physical security of personnel or for force 

20 protection purposes up to a limit of $450,000 per vehicle, 

21 notwithstanding price or other limitations applicable to the 

22 purchase of passenger carrying vehicles. 

23 SEC. 8093. Appropriations available to the Depart24 ment of Defense may be used for the purchase of heavy 

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1 sonnel or for force protection purposes up to a limit of 

2 $450,000 per vehicle, notwithstanding price or other limi3 tations applicable to the purchase of passenger carrying 

4 vehicles. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8094. Upon a determination by the Director of 

7 National Intelligence that such action is necessary and in 

8 the national interest, the Director may, with the approval 

9 of the Office of Management and Budget, transfer not to 

10 exceed $1,500,000,000 of the funds made available in this 

11 Act for the National Intelligence Program: Provided, That 

12 such authority to transfer may not be used unless for 

13 higher priority items, based on unforeseen intelligence re14 quirements, than those for which originally appropriated 

15 and in no case where the item for which funds are re16 quested has been denied by the Congress: Provided further, 

17 That a request for multiple reprogrammings of funds 

18 using authority provided in this section shall be made 

19 prior to June 30, 2022. 

20 SEC. 8095. Notwithstanding any other provision of 

21 this Act, to reflect revised economic assumptions, the total 

22 amount appropriated in title II of this Act is hereby in23 creased by $1,330,000,000, the total amount appropriated 

24 in title III of this Act is hereby increased by 

25 $692,000,000, the total amount appropriated in title IV 


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1 of this Act is hereby increased by $585,000,000, the total 

2 amount appropriated in title V of this Act is hereby in3 creased by $10,000,000, and the total amount appro4 priated in title VI of this Act is hereby increased by 

5 $196,178,000: Provided, That the Secretary of Defense 

6 shall allocate this increase proportionally to each budget 

7 activity, activity group, subactivity group, and each pro8 gram, project, and activity, within each appropriation ac9 count. 

10 SEC. 8096. The Secretary of Defense shall post grant 

11 awards on a public Website in a searchable format. 

12 SEC. 8097. None of the funds made available by this 

13 Act may be used by the National Security Agency to— 

14 (1) conduct an acquisition pursuant to section 

15 702 of the Foreign Intelligence Surveillance Act of 

16 1978 for the purpose of targeting a United States 

17 person; or 

18 (2) acquire, monitor, or store the contents (as 

19 such term is defined in section 2510(8) of title 18, 

20 United States Code) of any electronic communica21 tion of a United States person from a provider of 

22 electronic communication services to the public pur23 suant to section 501 of the Foreign Intelligence Sur24 veillance Act of 1978. 


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1 SEC. 8098. None of the funds made available in this 

2 or any other Act may be used to pay the salary of any 

3 officer or employee of any agency funded by this Act who 

4 approves or implements the transfer of administrative re5 sponsibilities or budgetary resources of any program, 

6 project, or activity financed by this Act to the jurisdiction 

7 of another Federal agency not financed by this Act with8 out the express authorization of Congress: Provided, That 

9 this limitation shall not apply to transfers of funds ex10 pressly provided for in Defense Appropriations Acts, or 

11 provisions of Acts providing supplemental appropriations 

12 for the Department of Defense. 

13 SEC. 8099. Of the amounts appropriated in this Act 

14 for ‘‘Operation and Maintenance, Navy’’, $435,032,000, 

15 to remain available until expended, may be used for any 

16 purposes related to the National Defense Reserve Fleet 

17 established under section 11 of the Merchant Ship Sales 

18 Act of 1946 (46 U.S.C. 57100): Provided, That such 

19 amounts are available for reimbursements to the Ready 

20 Reserve Force, Maritime Administration account of the 

21 United States Department of Transportation for pro22 grams, projects, activities, and expenses related to the Na23 tional Defense Reserve Fleet. 

24 SEC. 8100. None of the funds made available in this 

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1 tion 1208 of the Ronald W. Reagan National Defense Au2 thorization Act for Fiscal Year 2005 (Public Law 112– 

3 81; 125 Stat. 1621) to initiate support for, or expand sup4 port to, foreign forces, irregular forces, groups, or individ5 uals unless the congressional defense committees are noti6 fied in accordance with the direction contained in the clas7 sified annex accompanying this Act, not less than 15 days 

8 before initiating such support: Provided, That none of the 

9 funds made available in this Act may be used under sec10 tion 1208 for any activity that is not in support of an 

11 ongoing military operation being conducted by United 

12 States Special Operations Forces to combat terrorism: 

13 Provided further, That the Secretary of Defense may waive 

14 the prohibitions in this section if the Secretary determines 

15 that such waiver is required by extraordinary cir16 cumstances and, by not later than 72 hours after making 

17 such waiver, notifies the congressional defense committees 

18 of such waiver. 

19 SEC. 8101. (a) None of the funds provided in this 

20 Act for the TAO Fleet Oiler program shall be used to 

21 award a new contract that provides for the acquisition of 

22 the following components unless those components are 

23 manufactured in the United States: Auxiliary equipment 

24 (including pumps) for shipboard services; propulsion 

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1 lers); shipboard cranes; anchor chains; and spreaders for 

2 shipboard cranes. 

3 (b) None of the funds provided in this Act for the 

4 FFG(X) Frigate program shall be used to award a new 

5 contract that provides for the acquisition of the following 

6 components unless those components are manufactured in 

7 the United States: Air circuit breakers; gyrocompasses; 

8 electronic navigation chart systems; steering controls; 

9 pumps; propulsion and machinery control systems; totally 

10 enclosed lifeboats; auxiliary equipment pumps; shipboard 

11 cranes; auxiliary chill water systems; and propulsion pro12 pellers: Provided, That the Secretary of the Navy shall in13 corporate United States manufactured propulsion engines 

14 and propulsion reduction gears into the FFG(X) Frigate 

15 program beginning not later than with the eleventh ship 

16 of the program. 

17 SEC. 8102. No amounts credited or otherwise made 

18 available in this or any other Act to the Department of 

19 Defense Acquisition Workforce Development Account may 

20 be transferred to— 

21 (1) the Rapid Prototyping Fund established 

22 under section 804(d) of the National Defense Au23 thorization Act for Fiscal Year 2016 (10 U.S.C. 

24 2302 note); or 


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1 (2) credited to a military-department specific 

2 fund established under section 804(d)(2) of the Na3 tional Defense Authorization Act for Fiscal Year 

4 2016 (as amended by section 897 of the National 

5 Defense Authorization Act for Fiscal Year 2017). 

6 SEC. 8103. (a) None of the funds made available in 

7 this Act may be used to maintain or establish a computer 

8 network unless such network is designed to block access 

9 to pornography websites. 

10 (b) Nothing in subsection (a) shall limit the use of 

11 funds necessary for any Federal, State, tribal, or local law 

12 enforcement agency or any other entity carrying out crimi13 nal investigations, prosecution, or adjudication activities, 

14 or for any activity necessary for the national defense, in15 cluding intelligence activities. 

16 SEC. 8104. None of the funds provided for, or other17 wise made available, in this or any other Act, may be obli18 gated or expended by the Secretary of Defense to provide 

19 motorized vehicles, aviation platforms, munitions other 

20 than small arms and munitions appropriate for customary 

21 ceremonial honors, operational military units, or oper22 ational military platforms if the Secretary determines that 

23 providing such units, platforms, or equipment would un24 dermine the readiness of such units, platforms, or equip25 ment. 


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1 SEC. 8105. The Secretary of Defense may obligate 

2 and expend funds made available under this Act for pro3 curement or for research, development, test and evaluation 

4 for the F–35 Joint Strike Fighter to modify up to six F– 

5 35 aircraft, including up to two F–35 aircraft of each vari6 ant, to a test configuration: Provided, That the Secretary 

7 of Defense shall, with the concurrence of the Secretary 

8 of the Air Force and the Secretary of the Navy, notify 

9 the congressional defense committees not fewer than 30 

10 days prior to obligating and expending funds under this 

11 section: Provided further, That any transfer of funds pur12 suant to the authority provided in this section shall be 

13 made in accordance with section 8005 of this Act: Pro14 vided further, That aircraft referred to previously in this 

15 section are not additional to aircraft referred to in section 

16 8135 of the Department of Defense Appropriations Act, 

17 2019, section 8126 of the Department of Defense Appro18 priations Act, 2020, and section 8122 of the Department 

19 of Defense Appropriations Act, 2021. 

20 SEC. 8106. (a) None of the funds made available by 

21 this or any other Act may be used to enter into a contract, 

22 memorandum of understanding, or cooperative agreement 

23 with, make a grant to, or provide a loan or loan guarantee 

24 to any corporation that has any unpaid Federal tax liabil25 ity that has been assessed, for which all judicial and adVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 ministrative remedies have been exhausted or have lapsed, 

2 and that is not being paid in a timely manner pursuant 

3 to an agreement with the authority responsible for col4 lecting such tax liability, provided that the applicable Fed5 eral agency is aware of the unpaid Federal tax liability. 

6 (b) Subsection (a) shall not apply if the applicable 

7 Federal agency has considered suspension or debarment 

8 of the corporation described in such subsection and has 

9 made a determination that such suspension or debarment 

10 is not necessary to protect the interests of the Federal 

11 Government. 

12 SEC. 8107. During fiscal year 2022, the monetary 

13 limitation imposed by section 2208(l)(3) of title 10, 

14 United States Code may be exceeded by up to 

15 $1,000,000,000. 

16 SEC. 8108. Funds appropriated in title I of this Act 

17 under headings for ‘‘Military Personnel’’ may be used for 

18 expenses described therein for members of the Space 

19 Force on active duty: Provided, That amounts appro20 priated under such headings may be used for payments 

21 pursuant to section 156 of Public Law 97–377, as amend22 ed (42 U.S.C. 402 note), and to the Department of De23 fense Military Retirement Fund. 

24 SEC. 8109. (a) Amounts appropriated under title IV 

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1 bles of ‘‘Committee Recommended Adjustments’’ in the 

2 explanatory statement regarding this Act, may be used for 

3 expenses for the agile research, development, test and 

4 evaluation, procurement, production, modification, and op5 eration and maintenance, only for the following Software 

6 and Digital Technology Pilot programs— 

7 (1) Defensive Cyber—Software Prototype De8 velopment (PE 0608041A); 

9 (2) Risk Management Information (PE 

10 0608013N); 

11 (3) Maritime Tactical Command Control (PE 

12 0608231N); 

13 (4) JSpOC Mission System (PE 1203614SF); 

14 (5) National Background Investigation Services 

15 (PE 0608197V); 

16 (6) Global Command and Control System-Joint 

17 (PE 0308150K); 

18 (7) Algorithmic Warfare Cross Functional 

19 Team (PE 0308588D8Z); and 

20 (8) Acquisition Visibility (PE 0608648D8Z). 

21 (b) None of the funds appropriated by this or prior 

22 Department of Defense Appropriations Acts may be obli23 gated or expended to initiate additional Software and Dig24 ital Technology Pilot Programs in fiscal year 2022. 


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1 SEC. 8110. Of the amounts appropriated in this Act 

2 under the heading ‘‘Operation and Maintenance, Defense3 Wide’’, $5,000,000, to remain available until September 

4 30, 2023: Provided, That such funds shall only be avail5 able to the Secretary of Defense, acting through the Office 

6 of Local Defense Community Cooperation of the Depart7 ment of Defense, to make grants to communities impacted 

8 by military aviation noise for the purpose of installing 

9 noise mitigating insulation at covered facilities: Provided 

10 further, That to be eligible to receive a grant under the 

11 program, a community must enter into an agreement with 

12 the Secretary under which the community prioritizes the 

13 use of funds for the installation of noise mitigation at cov14 ered facilities in the community: Provided further, That 

15 as a condition of receiving funds under this section a State 

16 or local entity shall provide a matching share of ten per17 cent: Provided further, That grants under the program 

18 may be used to meet the Federal match requirement under 

19 the airport improvement program established under sub20 chapter I of chapter 471 and subchapter I of chapter 475 

21 of title 49, United States Code: Provided further, That, 

22 in carrying out the program, the Secretary of Defense 

23 shall coordinate with the Secretary of Transportation to 

24 minimize duplication of efforts with any other noise miti25 gation program compliant with part 150 of title 14, Code 


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1 of Federal Regulations: Provided further, That, in this sec2 tion, the term ‘‘covered facilities’’ means hospitals, 

3 daycare facilities, schools, facilities serving senior citizens, 

4 and private residences that are located within one mile or 

5 a day-night average sound level of 65 or greater of a mili6 tary installation or another location at which military air7 craft are stationed or are located in an area impacted by 

8 military aviation noise within one mile or a day-night aver9 age sound level of 65 or greater, as determined by the 

10 Department of Defense or Federal Aviation Administra11 tion noise modeling programs: Provided further, That the 

12 Secretary of Defense shall prioritize grants to commu13 nities for which a nearby military installation has 

14 transitioned to a new type or model of aircraft after Janu15 ary 1, 2019. 

16 SEC. 8111. Funds available to the Department of De17 fense for operation and maintenance may be used, not18 withstanding any other provision of law, to provide sup19 plies, services, transportation, including airlift and sealift, 

20 and other logistical support to coalition forces to counter 

21 the Islamic State of Iraq and Syria: Provided, That the 

22 Secretary of Defense shall provide quarterly reports to the 

23 congressional defense committees regarding support pro24 vided under this section. 


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1 SEC. 8112. None of the funds made available in this 

2 Act may be used in contravention of the following laws 

3 enacted or regulations promulgated to implement the 

4 United Nations Convention Against Torture and Other 

5 Cruel, Inhuman or Degrading Treatment or Punishment 

6 (done at New York on December 10, 1984): 

7 (1) Section 2340A of title 18, United States 

8 Code. 

9 (2) Section 2242 of the Foreign Affairs Reform 

10 and Restructuring Act of 1998 (division G of Public 

11 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

12 note) and regulations prescribed thereto, including 

13 regulations under part 208 of title 8, Code of Fed14 eral Regulations, and part 95 of title 22, Code of 

15 Federal Regulations. 

16 (3) Sections 1002 and 1003 of the Department 

17 of Defense, Emergency Supplemental Appropriations 

18 to Address Hurricanes in the Gulf of Mexico, and 

19 Pandemic Influenza Act, 2006 (Public Law 109– 

20 148). 

21 SEC. 8113. Of the amounts appropriated in this Act 

22 under the heading ‘‘Operation and Maintenance, Defense23 Wide’’, for the Defense Security Cooperation Agency, 

24 $300,000,000, of which $150,000,000, to remain available 

25 until September 30, 2023, shall be for the Ukraine SecuVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 rity Assistance Initiative: Provided, That such funds shall 

2 be available to the Secretary of Defense, in coordination 

3 with the Secretary of State, to provide assistance, includ4 ing training; equipment; lethal assistance; logistics sup5 port, supplies and services; sustainment; and intelligence 

6 support to the military and national security forces of 

7 Ukraine, and for replacement of any weapons or articles 

8 provided to the Government of Ukraine from the inventory 

9 of the United States: Provided further, That the Secretary 

10 of Defense shall, not less than 15 days prior to obligating 

11 funds made available by this section, notify the congres12 sional defense committees in writing of the details of any 

13 such obligation: Provided further, That the United States 

14 may accept equipment procured using funds made avail15 able in this section in this or prior Acts that was trans16 ferred to the security forces of Ukraine and returned by 

17 such forces to the United States: Provided further, That 

18 equipment procured using funds made available in this 

19 section in this or prior Acts, and not yet transferred to 

20 the military or National Security Forces of Ukraine or re21 turned by such forces to the United States, may be treated 

22 as stocks of the Department of Defense upon written noti23 fication to the congressional defense committees. 

24 SEC. 8114. During the current fiscal year, the De25 partment of Defense is authorized to incur obligations of 


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1 not to exceed $350,000,000 for purposes specified in sec2 tion 2350j(c) of title 10, United States Code, in anticipa3 tion of receipt of contributions, only from the Government 

4 of Kuwait, under that section: Provided, That upon re5 ceipt, such contributions from the Government of Kuwait 

6 shall be credited to the appropriations or fund which in7 curred such obligations. 

8 SEC. 8115. Of the amounts appropriated in this Act 

9 under the heading ‘‘Operation and Maintenance, Defense10 Wide’’, for the Defense Security Cooperation Agency, 

11 $1,055,220,000, to remain available until September 30, 

12 2023, shall be available for International Security Co13 operation Programs and other programs to provide sup14 port and assistance to foreign security forces or other 

15 groups or individuals to conduct, support or facilitate 

16 counterterrorism, crisis response, or building partner ca17 pacity programs: Provided, That the Secretary of Defense 

18 shall, not less than 15 days prior to obligating funds made 

19 available in this section, notify the congressional defense 

20 committees in writing of the details of any planned obliga21 tion: Provided further, That the Secretary of Defense shall 

22 provide quarterly reports to the Committees on Appropria23 tions of the House of Representatives and the Senate on 

24 the use and status of funds made available in this section. 


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1 SEC. 8116. Of the amounts appropriated in this Act 

2 under the heading ‘‘Operation and Maintenance, Defense3 Wide’’, for the Defense Security Cooperation Agency, 

4 $370,000,000, to remain available until September 30, 

5 2023, shall be available to reimburse Jordan, Lebanon, 

6 Egypt, Tunisia, and Oman under section 1226 of the Na7 tional Defense Authorization Act for Fiscal Year 2016 (22 

8 U.S.C. 2151 note), for enhanced border security: Pro9 vided, That the Secretary of Defense shall, not less than 

10 15 days prior to obligating funds provided under this sec11 tion, notify the congressional defense committees in writ12 ing of the details of any planned obligation and the nature 

13 of the expenses incurred: Provided further, That the Sec14 retary of Defense shall provide quarterly reports to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate on the use and status of funds made 

17 available in this section. 

18 SEC. 8117. None of the funds made available by this 

19 Act may be used in contravention of the War Powers Res20 olution (50 U.S.C. 1541 et seq.). 

21 SEC. 8118. None of the funds made available by this 

22 Act for excess defense articles, assistance under section 

23 333 of title 10, United States Code, or peacekeeping oper24 ations for the countries designated annually to be in viola25 tion of the standards of the Child Soldiers Prevention Act 


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1 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 

2 be used to support any military training or operation that 

3 includes child soldiers, as defined by the Child Soldiers 

4 Prevention Act of 2008, unless such assistance is other5 wise permitted under section 404 of the Child Soldiers 

6 Prevention Act of 2008. 

7 SEC. 8119. None of the funds made available by this 

8 Act may be made available for any member of the Taliban. 

9 SEC. 8120. Notwithstanding any other provision of 

10 law, any transfer of funds, appropriated or otherwise made 

11 available by this Act, for support to friendly foreign coun12 tries in connection with the conduct of operations in which 

13 the United States is not participating, pursuant to section 

14 331(d) of title 10, United States Code, shall be made in 

15 accordance with section 8005 of this Act. 

16 SEC. 8121. (a) None of the funds appropriated or 

17 otherwise made available by this or any other Act may 

18 be used by the Secretary of Defense, or any other official 

19 or officer of the Department of Defense, to enter into a 

20 contract, memorandum of understanding, or cooperative 

21 agreement with, or make a grant to, or provide a loan 

22 or loan guarantee to Rosoboronexport or any subsidiary 

23 of Rosoboronexport. 

24 (b) The Secretary of Defense may waive the limita25 tion in subsection (a) if the Secretary, in consultation with 


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1 the Secretary of State and the Director of National Intel2 ligence, determines that it is in the vital national security 

3 interest of the United States to do so, and certifies in writ4 ing to the congressional defense committees that, to the 

5 best of the Secretary’s knowledge: 

6 (1) Rosoboronexport has ceased the transfer of 

7 lethal military equipment to, and the maintenance of 

8 existing lethal military equipment for, the Govern9 ment of the Syrian Arab Republic; 

10 (2) the armed forces of the Russian Federation 

11 have withdrawn from Crimea, other than armed 

12 forces present on military bases subject to agree13 ments in force between the Government of the Rus14 sian Federation and the Government of Ukraine; 

15 and 

16 (3) agents of the Russian Federation have 

17 ceased taking active measures to destabilize the con18 trol of the Government of Ukraine over eastern 

19 Ukraine. 

20 (c) The Inspector General of the Department of De21 fense shall conduct a review of any action involving 

22 Rosoboronexport with respect to a waiver issued by the 

23 Secretary of Defense pursuant to subsection (b), and not 

24 later than 90 days after the date on which such a waiver 

25 is issued by the Secretary of Defense, the Inspector GenVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 eral shall submit to the congressional defense committees 

2 a report containing the results of the review conducted 

3 with respect to such waiver. 

4 SEC. 8122. In addition to amounts provided else5 where in this Act, there is appropriated $1,000,000,000, 

6 for an additional amount for ‘‘Procurement, Defense7 Wide’’, to remain available until September 30, 2024, 

8 which shall be for the Secretary of Defense to provide to 

9 the Government of Israel for the procurement of the Iron 

10 Dome defense system to counter short-range rocket 

11 threats: Provided, That such funds shall be transferred 

12 pursuant to an exchange of letters and are in addition to 

13 funds provided pursuant to the U.S.-Israel Iron Dome 

14 Procurement Agreement, as amended: Provided further, 

15 That nothing in the preceding proviso shall be construed 

16 to apply to appropriations in this or prior Acts for the 

17 procurement of the Iron Dome defense system. 

18 This division may be cited as the ‘‘Department of De19 fense Appropriations Act, 2022’’. 


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1 DIVISION B—ENERGY AND WATER DEVEL2 OPMENT AND RELATED AGENCIES— 

3 ADDITIONAL APPROPRIATIONS ACT, 

4 2022 

5 The following sums are appropriated, out of any 

6 money in the Treasury not otherwise appropriated, for the 

7 fiscal year ending September 30, 2022, and for other pur8 poses, namely: 

9 TITLE I 

10 CORPS OF ENGINEERS—CIVIL 

11 DEPARTMENT OF THE ARMY 

12 CORPS OF ENGINEERS—CIVIL

13 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

14 For an additional amount for ‘‘Formerly Utilized 

15 Sites Remedial Action Program’’, $52,000,000, to remain 

16 available until expended. 

17 TITLE II 

18 DEPARTMENT OF ENERGY 

19 ATOMIC ENERGY DEFENSE ACTIVITIES 

20 NATIONAL NUCLEAR SECURITY 

21 ADMINISTRATION 

22 WEAPONS ACTIVITIES

23 For an additional amount for ‘‘Weapons Activities’’, 

24 $100,000,000, to remain available until expended. 


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1 DEFENSE NUCLEAR NONPROLIFERATION

2 For an additional amount for ‘‘Defense Nuclear Non3 proliferation’’, $76,000,000, to remain available until ex4 pended. 

5 NAVAL REACTORS

6 For an additional amount for ‘‘Naval Reactors’’, 

7 $26,200,000, to remain available until expended. 

8 ENVIRONMENTAL AND OTHER DEFENSE 

9 ACTIVITIES 

10 DEFENSE ENVIRONMENTAL CLEANUP

11 For an additional amount for ‘‘Defense Environ12 mental Cleanup’’, $166,900,000, to remain available until 

13 expended: Provided, That of such amount, $3,207,000 

14 shall be available until September 30, 2023, for program 

15 direction. 

16 OTHER DEFENSE ACTIVITIES

17 For an additional amount for ‘‘Other Defense Activi18 ties’’, $3,900,000, to remain available until expended. 

19 TITLE III 

20 INDEPENDENT AGENCIES 

21 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

22 For an additional amount for ‘‘Defense Nuclear Fa23 cilities Safety Board’’, $5,000,000, to remain available 

24 until September 30, 2023. 


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1 TITLE IV 

2 GENERAL PROVISION—THIS DIVISION 

3 SEC. 401. Notwithstanding any other provision of 

4 law, funds made available in this division are in addition 

5 to amounts appropriated or otherwise made available for 

6 the United States Army Corps of Engineers, the Depart7 ment of Energy, or the Defense Nuclear Facilities Safety 

8 Board for fiscal year 2022: Provided, That such amounts 

9 shall be subject to the terms and conditions set forth in 

10 S. 2605 (117th Congress) and the accompanying Senate 

11 Report 117–36, as reported by the Senate Committee on 

12 Appropriations on August 4, 2021. 

13 This division may be cited as ‘‘Energy and Water De14 velopment and Related Agencies—Additional Appropria15 tions Act, 2022’’. 


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1 DIVISION C—MILITARY CONSTRUCTION 

2 AND VETERANS AFFAIRS—ADDI3 TIONAL APPROPRIATIONS ACT, 2022 

4 The following sums are appropriated, out of any 

5 money in the Treasury not otherwise appropriated, for the 

6 fiscal year ending September 30, 2022, and for other pur7 poses, namely: 

8 TITLE I 

9 DEPARTMENT OF DEFENSE 

10 MILITARY CONSTRUCTION, ARMY

11 For an additional amount for ‘‘Military Construction, 

12 Army’’, $653,400,000, to remain available until Sep13 tember 30, 2026: Provided, That such funds may be obli14 gated and expended to carry out planning and design and 

15 military construction projects authorized by law: Provided 

16 further, That, of such funds, not to exceed $60,000,000 

17 shall be available for study, planning, design, architect and 

18 engineer services: Provided further, That such funds obli19 gated and expended for military construction projects may 

20 only be obligated to carry out such construction projects 

21 identified in the Army’s unfunded priority list for fiscal 

22 year 2022 submitted to Congress: Provided further, That 

23 not later than 30 days after enactment of this Act, the 

24 Secretary of the Army, or his or her designee, shall submit 

25 to the Committees on Appropriations of both Houses of 


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1 Congress an expenditure plan for funds provided under 

2 this heading in this Act. 

3 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

4 For an additional amount for ‘‘Military Construction, 

5 Navy and Marine Corps’’, $1,201,539,000, to remain 

6 available until September 30, 2026: Provided, That such 

7 funds may be obligated and expended to carry out plan8 ning and design and military construction projects author9 ized by law: Provided further, That, of such funds, not to 

10 exceed $113,000,000 shall be available for study, plan11 ning, design, architect and engineer services: Provided fur12 ther, That such funds obligated and expended for military 

13 construction projects may only be obligated to carry out 

14 such construction projects identified in the Navy and Ma15 rine Corps unfunded priority list for fiscal year 2022 sub16 mitted to Congress: Provided further, That not later than 

17 30 days after enactment of this Act, the Secretary of the 

18 Navy, or his or her designee, shall submit to the Commit19 tees on Appropriations of both Houses of Congress an ex20 penditure plan for funds provided under this heading in 

21 this Act. 

22 MILITARY CONSTRUCTION, AIR FORCE

23 For an additional amount for ‘‘Military Construction, 

24 Air Force’’, $316,324,000, to remain available until Sep25 tember 30, 2026: Provided, That such funds may be obliVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 gated and expended to carry out planning and design and 

2 military construction projects authorized by law: Provided 

3 further, That, of such funds, not to exceed $30,000,000 

4 shall be available for study, planning, design, architect and 

5 engineer services: Provided further, That such funds obli6 gated and expended for military construction projects may 

7 only be obligated to carry out such construction projects 

8 identified in the Air Force’s unfunded priority list for fis9 cal year 2022 submitted to Congress: Provided further, 

10 That not later than 30 days after enactment of this Act, 

11 the Secretary of the Air Force, or his or her designee, shall 

12 submit to the Committees on Appropriations of both 

13 Houses of Congress an expenditure plan for funds pro14 vided under this heading in this Act. 

15 MILITARY CONSTRUCTION, DEFENSE-WIDE

16 For an additional amount for ‘‘Military Construction, 

17 Defense-Wide’’, $105,537,000, to remain available until 

18 September 30, 2026: Provided, That such funds may be 

19 obligated and expended to carry out planning and design 

20 and military construction projects authorized by law: Pro21 vided further, That such funds obligated and expended for 

22 military construction projects may only be obligated to 

23 carry out such construction projects identified in the un24 funded priority lists for fiscal year 2022 submitted to Con25 gress: Provided further, That not later than 30 days after 


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1 enactment of this Act, the Secretary of Defense, or his 

2 or her designee, shall submit to the Committees on Appro3 priations of both Houses of Congress an expenditure plan 

4 for funds provided under this heading in this Act. 

5 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

6 For an additional amount for ‘‘Military Construction, 

7 Army National Guard’’, $50,800,000, to remain available 

8 until September 30, 2026: Provided, That such funds may 

9 be obligated and expended to carry out planning and de10 sign and military construction projects authorized by law: 

11 Provided further, That, of such funds, not to exceed 

12 $5,000,000 shall be available for study, planning, design, 

13 architect and engineer services: Provided further, That 

14 such funds obligated and expended for military construc15 tion projects may only be obligated to carry out such con16 struction projects identified in the Army’s unfunded pri17 ority list for fiscal year 2022 submitted to Congress: Pro18 vided further, That not later than 30 days after enactment 

19 of this Act, the Director of the Army National Guard, or 

20 his or her designee, shall submit to the Committees on 

21 Appropriations of both Houses of Congress an expenditure 

22 plan for funds provided under this heading in this Act. 

23 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

24 For an additional amount for ‘‘Military Construction, 

25 Air National Guard’’, $66,500,000, to remain available 


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1 until September 30, 2026: Provided, That such funds may 

2 be obligated and expended to carry out planning and de3 sign and military construction projects authorized by law: 

4 Provided further, That, of such funds, not to exceed 

5 $15,000,000 shall be available for study, planning, design, 

6 architect and engineer services: Provided further, That 

7 such funds obligated and expended for military construc8 tion projects may only be obligated to carry out such con9 struction projects identified in the Air Force’s unfunded 

10 priority list for fiscal year 2022 submitted to Congress: 

11 Provided further, That not later than 30 days after enact12 ment of this Act, the Director of the Air National Guard, 

13 or his or her designee, shall submit to the Committees on 

14 Appropriations of both Houses of Congress an expenditure 

15 plan for funds provided under this heading in this Act. 

16 MILITARY CONSTRUCTION, ARMY RESERVE

17 For an additional amount for ‘‘Military Construction, 

18 Army Reserve’’, $34,200,000, to remain available until 

19 September 30, 2026: Provided, That such funds may be 

20 obligated and expended to carry out planning and design 

21 and military construction projects authorized by law: Pro22 vided further, That, of such funds, not to exceed 

23 $5,000,000 shall be available for study, planning, design, 

24 architect and engineer services: Provided further, That 

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1 tion projects may only be obligated to carry out such con2 struction projects identified in the Army’s unfunded pri3 ority list for fiscal year 2022 submitted to Congress: Pro4 vided further, That not later than 30 days after enactment 

5 of this Act, the Secretary of the Army, or his or her des6 ignee, shall submit to the Committees on Appropriations 

7 of both Houses of Congress an expenditure plan for funds 

8 provided under this heading in this Act. 

9 MILITARY CONSTRUCTION, AIR FORCE RESERVE

10 For an additional amount for ‘‘Military Construction, 

11 Air Force Reserve’’, $57,700,000, to remain available 

12 until September 30, 2026: Provided, That such funds may 

13 be obligated and expended to carry out planning and de14 sign and military construction projects authorized by law: 

15 Provided further, That, of such funds, not to exceed 

16 $5,000,000 shall be available for study, planning, design, 

17 architect and engineer services: Provided further, That 

18 such funds obligated and expended for military construc19 tion projects may only be obligated to carry out such con20 struction projects identified in the Air Force’s unfunded 

21 priority list for fiscal year 2022 submitted to Congress: 

22 Provided further, That not later than 30 days after enact23 ment of this Act, the Secretary of the Air Force, or his 

24 or her designee, shall submit to the Committees on ApproVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 priations of both Houses of Congress an expenditure plan 

2 for funds provided under this heading in this Act. 

3 FAMILY HOUSING CONSTRUCTION, ARMY

4 For an additional amount for ‘‘Family Housing Con5 struction, Army’’, $29,000,000, to remain available until 

6 September 30, 2026: Provided, That such funds may be 

7 obligated and expended to carry out planning and design 

8 and family housing construction projects authorized by 

9 law: Provided further, That, of such funds, not to exceed 

10 $15,000,000 shall be available for study, planning, design, 

11 architect and engineer services: Provided further, That 

12 such funds obligated and expended for family housing con13 struction projects may only be obligated to carry out such 

14 construction projects identified in the Army’s unfunded 

15 priority list for fiscal year 2022 submitted to Congress: 

16 Provided further, That not later than 30 days after enact17 ment of this Act, the Secretary of the Army, or his or 

18 her designee, shall submit to the Committees on Appro19 priations of both Houses of Congress an expenditure plan 

20 for funds provided under this heading in this Act. 

21 ADMINISTRATIVE PROVISIONS—THIS TITLE

22 SEC. 101. For an additional amount for the accounts 

23 and in the amounts specified for planning and design and 

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1 stallation resilience, to remain available until September 

2 30, 2026: 

3 ‘‘Military Construction, Army’’, $10,000,000; 

4 ‘‘Military Construction, Navy and Marine 

5 Corps’’, $25,000,000; and 

6 ‘‘Military Construction, Air Force’’, 

7 $15,000,000: 

8 Provided, That not later than 60 days after enactment of 

9 this Act, the Secretary of the military department con10 cerned, or his or her designee, shall submit to the Commit11 tees on Appropriations of both Houses of Congress an ex12 penditure plan for funds provided under this section: Pro13 vided further, That the Secretary of the military depart14 ment concerned may not obligate or expend any funds 

15 prior to approval by the Committees on Appropriations of 

16 both Houses of Congress of the expenditure plan required 

17 by this section. 

18 SEC. 102. For an additional amount for the accounts 

19 and in the amounts specified for planning and design and 

20 unspecified minor construction, for construction improve21 ments to Department of Defense laboratory facilities, to 

22 remain available until September 30, 2026: 

23 ‘‘Military Construction, Army’’, $20,000,000; 

24 ‘‘Military Construction, Navy and Marine Corps’’, 

25 $10,000,000; and 


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1 ‘‘Military Construction, Air Force’’, $20,000,000: 

2 Provided, That not later than 60 days after enactment of 

3 this Act, the Secretary of the military department con4 cerned, or his or her designee, shall submit to the Commit5 tees on Appropriations of both Houses of Congress an ex6 penditure plan for funds provided under this section: Pro7 vided further, That the Secretary of the military depart8 ment concerned may not obligate or expend any funds 

9 prior to approval by the Committees on Appropriations of 

10 both Houses of Congress of the expenditure plan required 

11 by this section. 

12 SEC. 103. For an additional amount for ‘‘Military 

13 Construction, Air Force’’, $85,000,000, to remain avail14 able until September 30, 2026: Provided, That such funds 

15 may only be obligated for cost increases on previously ap16 propriated projects: Provided further, That not later than 

17 30 days after enactment of this Act, the Secretary of the 

18 Air Force, or his or her designee, shall submit to the Com19 mittees on appropriations of both Houses of Congress an 

20 expenditure plan for funds provided under this section: 

21 Provided further, That the Secretary of the Air Force may 

22 not obligate or expend any funds prior to approval by the 

23 Committees on Appropriations of both Houses of Congress 

24 of the expenditure plan required by this section. 


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1 TITLE II 

2 DEPARTMENT OF VETERANS AFFAIRS 

3 ADMINISTRATIVE PROVISIONS—THIS TITLE

4 SEC. 201. Title II of S. 2604 (117th Congress), as 

5 reported by the Senate Committee on Appropriations on 

6 August 4, 2021, is amended by striking the matter under 

7 the heading ‘‘Veterans Health Administration’’ and insert8 ing in lieu thereof the following: 

9 ‘‘MEDICAL SERVICES

10 ‘‘For necessary expenses for furnishing, as authorized 

11 by law, inpatient and outpatient care and treatment to 

12 beneficiaries of the Department of Veterans Affairs and 

13 veterans described in section 1705(a) of title 38, United 

14 States Code, including care and treatment in facilities not 

15 under the jurisdiction of the Department, and including 

16 medical supplies and equipment, bioengineering services, 

17 food services, and salaries and expenses of healthcare em18 ployees hired under title 38, United States Code, assist19 ance and support services for caregivers as authorized by 

20 section 1720G of title 38, United States Code, loan repay21 ments authorized by section 604 of the Caregivers and 

22 Veterans Omnibus Health Services Act of 2010 (Public 

23 Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note), 

24 monthly assistance allowances authorized by section 

25 322(d) of title 38, United States Code, grants authorized 


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1 by section 521A of title 38, United States Code, and ad2 ministrative expenses necessary to carry out sections 

3 322(d) and 521A of title 38, United States Code, and hos4 pital care and medical services authorized by section 1787 

5 of title 38, United States Code; $2,341,736,000, which 

6 shall be in addition to funds previously appropriated under 

7 this heading that became available on October 1, 2021, 

8 that are provided to meet the terms of section 

9 4004(b)(7)(B) and section 4005(g)(2) of S. Con. Res. 14 

10 (117th Congress), the concurrent resolution on the budget 

11 for fiscal year 2022, and is additional new budget author12 ity specified for purposes of section 4004(b)(7) and section 

13 4005(g) of such concurrent resolution; and, in addition, 

14 $70,323,116,000, plus reimbursements, shall become 

15 available on October 1, 2022, and shall remain available 

16 until September 30, 2023: Provided, That, of the amount 

17 made available on October 1, 2022, under this heading, 

18 $1,500,000,000 shall remain available until September 30, 

19 2024: Provided further, That, notwithstanding any other 

20 provision of law, the Secretary of Veterans Affairs shall 

21 establish a priority for the provision of medical treatment 

22 for veterans who have service-connected disabilities, lower 

23 income, or have special needs: Provided further, That, not24 withstanding any other provision of law, the Secretary of 

25 Veterans Affairs shall give priority funding for the proviVerDate Sep 11 2014 23:04 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 sion of basic medical benefits to veterans in enrollment 

2 priority groups 1 through 6: Provided further, That, not3 withstanding any other provision of law, the Secretary of 

4 Veterans Affairs may authorize the dispensing of prescrip5 tion drugs from Veterans Health Administration facilities 

6 to enrolled veterans with privately written prescriptions 

7 based on requirements established by the Secretary: Pro8 vided further, That the implementation of the program de9 scribed in the previous proviso shall incur no additional 

10 cost to the Department of Veterans Affairs: Provided fur11 ther, That the Secretary of Veterans Affairs shall ensure 

12 that sufficient amounts appropriated under this heading 

13 for medical supplies and equipment are available for the 

14 acquisition of prosthetics designed specifically for female 

15 veterans. 

16 ‘‘MEDICAL COMMUNITY CARE

17 ‘‘For necessary expenses for furnishing health care 

18 to individuals pursuant to chapter 17 of title 38, United 

19 States Code, at non-Department facilities, 

20 $4,905,265,000, which shall be in addition to funds pre21 viously appropriated under this heading that became avail22 able on October 1, 2021, that are provided to meet the 

23 terms of section 4004(b)(7)(B) and section 4005(g)(2) of 

24 S. Con. Res. 14 (117th Congress), the concurrent resolu25 tion on the budget for fiscal year 2022, and is additional 


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1 new budget authority specified for purposes of section 

2 4004(b)(7) and section 4005(g) of such concurrent resolu3 tion; and, in addition, $24,156,659,000, plus reimburse4 ments, shall become available on October 1, 2022, and 

5 shall remain available until September 30, 2023: Provided, 

6 That, of the amount made available on October 1, 2022, 

7 under this heading, $2,000,000,000 shall remain available 

8 until September 30, 2024. 

9 ‘‘MEDICAL SUPPORT AND COMPLIANCE

10 ‘‘For necessary expenses in the administration of the 

11 medical, hospital, nursing home, domiciliary, construction, 

12 supply, and research activities, as authorized by law; ad13 ministrative expenses in support of capital policy activi14 ties; and administrative and legal expenses of the Depart15 ment for collecting and recovering amounts owed the De16 partment as authorized under chapter 17 of title 38, 5 

17 United States Code, and the Federal Medical Care Recov18 ery Act (42 U.S.C. 2651 et seq.), $203,926,000, which 

19 shall be in addition to funds previously appropriated under 

20 this heading that became available on October 1, 2021, 

21 that are provided to meet the terms of section 

22 4004(b)(7)(B) and section 4005(g)(2) of S. Con. Res. 14 

23 (117th Congress), the concurrent resolution on the budget 

24 for fiscal year 2022, and is additional new budget author25 ity specified for purposes of section 4004(b)(7) and section 


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1 4005(g) of such concurrent resolution; and, in addition, 

2 $9,673,409,000, plus reimbursements, shall become avail3 able on October 1, 2022, and shall remain available until 

4 September 30, 2023: Provided, That, of the amount made 

5 available on October 1, 2022, under this heading, 

6 $200,000,000 shall remain available until September 30, 

7 2024. 

8 ‘‘MEDICAL FACILITIES

9 ‘‘For necessary expenses for the maintenance and op10 eration of hospitals, nursing homes, domiciliary facilities, 

11 and other necessary facilities of the Veterans Health Ad12 ministration; for administrative expenses in support of 

13 planning, design, project management, real property ac14 quisition and disposition, construction, and renovation of 

15 any facility under the jurisdiction or for the use of the 

16 Department; for oversight, engineering, and architectural 

17 activities not charged to project costs; for repairing, alter18 ing, improving, or providing facilities in the several hos19 pitals and homes under the jurisdiction of the Depart20 ment, not otherwise provided for, either by contract or by 

21 the hire of temporary employees and purchase of mate22 rials; for leases of facilities; and for laundry services; 

23 $151,415,000, which shall be in addition to funds pre24 viously appropriated under this heading that became avail25 able on October 1, 2021, that are provided to meet the 


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1 terms of section 4004(b)(7)(B) and section 4005(g)(2) of 

2 S. Con. Res. 14 (117th Congress), the concurrent resolu3 tion on the budget for fiscal year 2022, and is additional 

4 new budget authority specified for purposes of section 

5 4004(b)(7) and section 4005(g) of such concurrent resolu6 tion; and, in addition, $7,133,816,000, plus reimburse7 ments, shall become available on October 1, 2022, and 

8 shall remain available until September 30, 2023: Provided, 

9 That, of the amount made available on October 1, 2022, 

10 under this heading, $350,000,000 shall remain available 

11 until September 30, 2024. 

12 ‘‘MEDICAL AND PROSTHETIC RESEARCH

13 ‘‘For necessary expenses in carrying out programs of 

14 medical and prosthetic research and development as au15 thorized by chapter 73 of title 38, United States Code, 

16 $882,000,000, plus reimbursements, shall remain avail17 able until September 30, 2023: Provided, That the Sec18 retary of Veterans Affairs shall ensure that sufficient 

19 amounts appropriated under this heading are available for 

20 prosthetic research specifically for female veterans, and 

21 for toxic exposure research.’’. 

22 SEC. 202. Title II of S. 2604 (117th Congress), as 

23 reported by the Senate Committee on Appropriations on 

24 August 4, 2021, is amended by inserting at the end of 

25 the Administrative Provisions the following: 


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1 ‘‘(RESCISSIONS OF FUNDS)

2 ‘‘SEC. 257. Of the unobligated balances available to 

3 the Department of Veterans Affairs from amounts appro4 priated in title II of division J of the Consolidated Appro5 priations Act, 2021 (Public Law 116–260), that became 

6 available on October 1, 2021, the following funds are here7 by rescinded from the following accounts in the amounts 

8 specified: 

9 ‘‘ ‘Veterans Health Administration, Medical Services’, 

10 $2,341,736,000; 

11 ‘‘ ‘Veterans Health Administration, Medical Commu12 nity Care’, $1,636,265,000; 

13 ‘‘ ‘Veterans Health Administration, Medical Support 

14 and Compliance’, $203,926,000; and 

15 ‘‘ ‘Veterans Health Administration, Medical Facili16 ties’, $151,415,000: 

17 Provided, That no amounts may be rescinded from 

18 amounts that were designated by the Congress as an 

19 emergency requirement pursuant to a concurrent resolu20 tion on the budget or the Balanced Budget and Emer21 gency Deficit Control Act of 1985.’’. 

22 TITLE III 

23 GENERAL PROVISION—THIS DIVISION 

24 SEC. 301. Notwithstanding any other provision of 

25 law, funds made available in this division are in addition 


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1 to amounts appropriated or otherwise made available for 

2 the Department of Defense or the Department of Veterans 

3 Affairs for fiscal year 2022: Provided, That such amounts 

4 shall be subject to the terms and conditions set forth in 

5 S. 2604 (117th Congress) and the accompanying Senate 

6 Report 117–35, as reported by the Senate Committee on 

7 Appropriations on August 4, 2021. 

8 This division may be cited as ‘‘Military Construction 

9 and Veterans Affairs—Additional Appropriations Act, 

10 2022’’. 

Æ 


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