PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1541 

Public Law 117–81 

117th Congress 

An Act 

To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Defense Authorization 

Act for Fiscal Year 2022’’. 

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 

(a) DIVISIONS.—This Act is organized into six divisions as follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security 

Authorizations and Other Authorizations. 

(4) Division D—Funding Tables. 

(5) Division E—Department of State Authorization 

(6) Division F—Other Non-Department of Defense Matters. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

Sec. 4. Budgetary effects of this Act. 

Sec. 5. Explanatory statement. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

Sec. 111. Modification of deployment by the Army of interim cruise missile defense 

capability. 

Sec. 112. Multiyear procurement authority for AH–64E Apache helicopters. 

Sec. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk 

helicopters. 

Sec. 114. Continuation of Soldier Enhancement Program. 

Sec. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System. 

Sec. 116. Strategy and authority for the procurement of components for the next 

generation squad weapon. 

National Defense 

Authorization 

Act for Fiscal 

Year 2022. 

Dec. 27, 2021 

[S. 1605] 


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Subtitle C—Navy Programs 

Sec. 121. Extension of procurement authority for certain amphibious shipbuilding 

programs. 

Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne 

security barriers. 

Sec. 123. Extension of report on Littoral Combat Ship mission packages. 

Sec. 124. Incorporation of advanced degaussing systems into Arleigh Burke class 

destroyers. 

Sec. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers. 

Sec. 126. Acquisition, modernization, and sustainment plan for carrier air wings. 

Sec. 127. Report on material readiness of Virginia class submarines of the Navy. 

Subtitle D—Air Force Programs 

Sec. 131. Extension of inventory requirement for Air Force fighter aircraft. 

Sec. 132. Contract for logistics support for VC–25B aircraft. 

Sec. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons. 

Sec. 134. Prohibition on use of funds for retirement of A–10 aircraft. 

Sec. 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program. 

Sec. 136. Limitation on availability of funds pending information on bridge tanker 

aircraft. 

Sec. 137. Inventory requirements and limitations relating to certain air refueling 

tanker aircraft. 

Sec. 138. Minimum inventory of tactical airlift aircraft. 

Sec. 139. Report relating to reduction of total number of tactical airlift aircraft. 

Subtitle E—Defense-wide, Joint, and Multiservice Matters 

Sec. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program. 

Sec. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program 

Office to the Department of the Air Force and the Department of the 

Navy. 

Sec. 143. Limitation on availability of funds for air-based and space-based ground 

moving target indicator capabilities. 

Sec. 144. Limitation on availability of funds for procurement of aircraft systems for 

the armed overwatch program. 

Sec. 145. Analysis of certain radar investment options. 

Sec. 146. Review and briefing on fielded major weapon systems. 

Sec. 147. Reports on exercise of waiver authority with respect to certain aircraft 

ejection seats. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Codification of National Defense Science and Technology Strategy. 

Sec. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders. 

Sec. 213. Duties and regional activities of the Defense Innovation Unit. 

Sec. 214. Codification of requirement for Defense Established Program to Stimulate 

Competitive Research. 

Sec. 215. Codification of authorities relating to Department of Defense science and 

technology reinvention laboratories. 

Sec. 216. Improvements relating to steering committee on emerging technology and 

national security threats. 

Sec. 217. Improvements relating to national network for microelectronics research 

and development. 

Sec. 218. Modification of mechanisms for expedited access to technical talent and 

expertise at academic institutions to support Department of Defense 

missions. 

Sec. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of 

Defense. 

Sec. 220. Defense research and engineering activities at minority institutions. 

Sec. 221. Test program for engineering plant of DDG(X) destroyer vessels. 

Sec. 222. Consortium to study irregular warfare. 

Sec. 223. Development and implementation of digital technologies for survivability 

and lethality testing. 


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Sec. 224. Assessment and correction of deficiencies in the pilot breathing systems 

of tactical fighter aircraft. Sec. 225. Identification of the hypersonics facilities and capabilities of the Major 

Range and Test Facility Base. Sec. 226. Review of artificial intelligence applications and establishment of performance metrics. 

Sec. 227. Modification of the joint common foundation program. 

Sec. 228. Executive education on emerging technologies for senior civilian and military leaders. Sec. 229. Activities to accelerate development and deployment of dual-use quantum 

technologies. Sec. 230. National Guard participation in microreactor testing and evaluation. 

Sec. 231. Pilot program on the use of private sector partnerships to promote technology transition. Sec. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense. Sec. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations. Sec. 234. Limitation on development of prototypes for the Optionally Manned 

Fighting Vehicle pending requirements analysis. Sec. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity. Sec. 236. Limitation on availability of funds for certain C–130 aircraft. 

Sec. 237. Limitation on availability of funds for VC–25B aircraft program pending 

submission of documentation. 

Sec. 238. Limitation on availability of funds for the High Accuracy Detection and 

Exploitation System. 

Subtitle C—Plans, Reports, and Other Matters 

Sec. 241. Modification to annual report of the Director of Operational Test and 

Evaluation. 

Sec. 242. Adaptive engine transition program acquisition strategy for the F–35A 

aircraft. 

Sec. 243. Acquisition strategy for an advanced propulsion system for F–35B and F– 

35C aircraft. 

Sec. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory. Sec. 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories. 

Sec. 246. Report on autonomy integration in major weapon systems. 

Sec. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Subtitle B—Energy and Environment 

Sec. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents. Sec. 312. Energy efficiency targets for Department of Defense data centers. 

Sec. 313. Grants for maintaining or improving military installation resilience. 

Sec. 314. Maintenance of current analytical tools in evaluating energy resilience 

measures. Sec. 315. Authority to transfer amounts derived from energy cost savings. 

Sec. 316. Exemption from prohibition on use of open-air burn pits in contingency 

operations outside the United States. Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience. 

Sec. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel 

Storage Facility, Hawai‘i. Sec. 319. Energy, water, and waste net-zero requirement for major military installations. 

Sec. 320. Demonstration program on domestic production of rare earth elements 

from coal byproducts. 

Sec. 321. Long-duration demonstration initiative and joint program. 

Sec. 322. Pilot program to test new software to track emissions at certain military 

installations. 

Sec. 323. Department of Defense plan to reduce greenhouse gas emissions. 

Subtitle C—National Security Climate Resilience 

Sec. 331. Definitions. 


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Sec. 332. Climate Resilience Infrastructure Initiative of the Department of Defense. 

Sec. 333. Inclusion of information regarding extreme weather and cyber attacks or 

disruptions in reports on national technology and industrial base. 

Sec. 334. Climate resilience in planning, engagement strategies, infrastructure, and 

force development of Department of Defense. 

Sec. 335. Assessment of climate risks to infrastructure of Department of Defense. 

Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances 

Sec. 341. Treatment by Department of Defense of perfluoroalkyl substances and 

polyfluoroalkyl substances. 

Sec. 342. Extension of transfer authority for funding of study and assessment on 

health implications of per- and polyfluoroalkyl substances contamination 

in drinking water by Agency for Toxic Substances and Disease Registry. 

Sec. 343. Temporary moratorium on incineration by Department of Defense of 

perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film 

forming foam. 

Sec. 344. Review and guidance relating to prevention and mitigation of spills of 

aqueous film-forming foam. 

Sec. 345. Public disclosure of results of Department of Defense testing of water for 

perfluoroalkyl or polyfluoroalkyl substances. 

Sec. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam. 

Sec. 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances. 

Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances. 

Sec. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl 

substances at certain military installations. 

Subtitle E—Logistics and Sustainment 

Sec. 351. Mitigation of contested logistics challenges of the Department of Defense 

through reduction of operational energy demand. 

Sec. 352. Global bulk fuel management and delivery. 

Sec. 353. Test and evaluation of potential biobased solution for corrosion control 

and mitigation. 

Sec. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations. 

Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy. 

Sec. 356. Report and certification requirements regarding sustainment costs for 

fighter aircraft programs. 

Sec. 357. Comptroller General annual reviews of F–35 sustainment efforts. 

Subtitle F—Reports 

Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports. 

Sec. 362. Annual report on material readiness of Navy ships. 

Sec. 363. Incident reporting requirements for Department of Defense regarding lost 

or stolen weapons. 

Sec. 364. Strategy and annual report on critical language proficiency of special operations forces. 

Subtitle G—Other Matters 

Sec. 371. Military Aviation and Installation Assurance Clearinghouse matters. 

Sec. 372. Establishment of Joint Safety Council. 

Sec. 373. Improvements and clarifications related to military working dogs. 

Sec. 374. Extension of temporary authority to extend contracts and leases under 

the ARMS Initiative. 

Sec. 375. Authority to maintain access to category 3 subterranean training facility. 

Sec. 376. Accident Investigation Review Board. 

Sec. 377. Implementation of Comptroller General recommendations on preventing 

tactical vehicle training accidents. 

Sec. 378. Requirements relating to emissions control tactics, techniques, and procedures. 

Sec. 379. Management of fatigue among crew of naval surface ships and related improvements. 

Sec. 380. Authority for activities to improve next generation radar systems capabilities. 

Sec. 381. Pilot program on military working dog and explosives detection canine 

health and excellence. 

Sec. 382. Department of Defense response to military lazing incidents. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1545 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revisions in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority to vary Space Force end strength. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Sec. 415. Accounting of reserve component members performing active duty or fulltime National Guard duty towards authorized end strengths. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A— Officer Personnel Policy 

Sec. 501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements. 

Sec. 502. Time in grade requirements. 

Sec. 503. Authority to vary number of Space Force officers considered for promotion 

to major general. 

Sec. 504. Seaman to Admiral-21 program: credit towards retirement. 

Sec. 505. Independent assessment of retention of female surface warfare officers. 

Sec. 506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N). 

Subtitle B—Reserve Component Management 

Sec. 511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers’ Training Corps 

to include quantum information sciences. 

Sec. 512. Prohibition on private funding for interstate deployment of National 

Guard. 

Sec. 513. Access to Tour of Duty system. 

Sec. 514. Implementation of certain recommendations regarding use of unmanned 

aircraft systems by the National Guard. 

Sec. 515. Continued National Guard support for FireGuard program. 

Sec. 516. Enhancement of National Guard Youth Challenge Program. 

Sec. 517. Report on methods to enhance support from the reserve components in 

response to catastrophic incidents. 

Sec. 518. Study on reapportionment of National Guard force structure based on domestic responses. 

Sec. 519. Briefing on Junior Reserve Officers’ Training Corps program. 

Subtitle C—General Service Authorities and Military Records 

Sec. 521. Reduction in service commitment required for participation in career 

intermission program of a military department. 

Sec. 522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments. 

Sec. 523. Notice program relating to options for naturalization. 

Sec. 524. Appeals to Physical Evaluation Board determinations of fitness for duty. 

Sec. 525. Command oversight of military privatized housing as element of performance evaluations. 

Sec. 526. Feasibility study on establishment of housing history for members of the 

Armed Forces who reside in housing provided by the United States. 

Sec. 527. Enhancements to national mobilization exercises. 

Sec. 528. Temporary exemption from end strength grade restrictions for the Space 

Force. 

Sec. 529. Report on exemptions and deferments for a possible military draft. 

Sec. 529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service. 

Sec. 529B. Study and report on administrative separation boards. 

Subtitle D—Military Justice Reform 

PART 1—SPECIAL TRIAL COUNSEL

Sec. 531. Special trial counsel. 


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Sec. 532. Policies with respect to special trial counsel. 

Sec. 533. Definition of military magistrate, covered offense, and special trial counsel. 

Sec. 534. Clarification relating to who may convene courts-martial. 

Sec. 535. Detail of trial counsel. 

Sec. 536. Preliminary hearing. 

Sec. 537. Advice to convening authority before referral for trial. 

Sec. 538. Former jeopardy. 

Sec. 539. Plea agreements. 

Sec. 539A. Determinations of impracticability of rehearing. 

Sec. 539B. Applicability to the United States Coast Guard. 

Sec. 539C. Effective date. 

PART 2—SEXUAL HARASSMENT; SENTENCING REFORM

Sec. 539D. Inclusion of sexual harassment as general punitive article. 

Sec. 539E. Sentencing reform. 

PART 3—REPORTS AND OTHER MATTERS

Sec. 539F. Briefing and report on resourcing required for implementation. 

Sec. 539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military. 

Subtitle E—Other Military Justice and Legal Matters 

Sec. 541. Rights of the victim of an offense under the Uniform Code of Military Justice. 

Sec. 542. Conduct unbecoming an officer. 

Sec. 543. Independent investigation of complaints of sexual harassment. 

Sec. 544. Department of Defense tracking of allegations of retaliation by victims of 

sexual assault or sexual harassment and related persons. 

Sec. 545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial. 

Sec. 546. Civilian positions to support Special Victims’ Counsel. 

Sec. 547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law. 

Sec. 548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown. 

Sec. 549. Activities to improve family violence prevention and response. 

Sec. 549A. Annual primary prevention research agenda. 

Sec. 549B. Primary prevention workforce. 

Sec. 549C. Reform and improvement of military criminal investigative organizations. 

Sec. 549D. Military defense counsel. 

Sec. 549E. Full functionality of Military Justice Review Panel. 

Sec. 549F. Military service independent racial disparity review. 

Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system. 

Sec. 549H. DoD Safe Helpline authorization to perform intake of official restricted 

and unrestricted reports for eligible adult sexual assault victims. 

Sec. 549I. Extension of annual report regarding sexual assaults involving members 

of the Armed Forces. 

Sec. 549J. Study and report on Sexual Assault Response Coordinator military occupational specialty. 

Sec. 549K. Amendments to additional Deputy Inspector General of the Department 

of Defense. 

Sec. 549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces. 

Sec. 549M. Recommendations on separate punitive article in the Uniform Code of 

Military Justice on violent extremism. 

Sec. 549N. Combating foreign malign influence. 

Subtitle F—Member Education, Training, and Transition 

Sec. 551. Troops-to-Teachers Program. 

Sec. 552. Codification of human relations training for certain members of the 

Armed Forces. 

Sec. 553. Allocation of authority for nominations to the military service academies 

in the event of the death, resignation, or expulsion from office of a Member of Congress. 

Sec. 554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired. 

Sec. 555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely. 


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Sec. 556. Defense Language Institute Foreign Language Center. 

Sec. 557. United States Naval Community College. 

Sec. 558. Codification of establishment of United States Air Force Institute of Technology. 

Sec. 559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits. 

Sec. 559A. Regulations on certain parental guardianship rights of cadets and midshipmen. 

Sec. 559B. Defense language continuing education program. 

Sec. 559C. Prohibition on implementation by United States Air Force Academy of 

civilian faculty tenure system. 

Sec. 559D. Professional military education: report; definition. 

Sec. 559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors. 

Sec. 559F. Report on status of Army Tuition Assistance Program Army IgnitED 

program. 

Sec. 559G. Briefing on cadets and midshipmen with speech disorders. 

Subtitle G—Military Family Readiness and Dependents’ Education 

Sec. 561. Expansion of support programs for special operations forces personnel 

and immediate family members. 

Sec. 562. Improvements to the Exceptional Family Member Program. 

Sec. 563. Certain assistance to local educational agencies that benefit dependents 

of military and civilian personnel. 

Sec. 564. Pilot program to establish employment fellowship opportunities for military spouses. 

Sec. 565. Policy regarding remote military installations. 

Sec. 566. Implementation of GAO recommendation on improved communication of 

best practices to engage military spouses with career assistance resources. Sec. 567. Study on employment of military spouses. 

Sec. 568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families. 

Sec. 569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs. 

Sec. 569A. Briefing on legal services for families enrolled in the Exceptional Family 

Member Program. 

Sec. 569B. GAO review of Preservation of the Force and Family Program of United 

States Special Operations Command: briefing; report. 

Subtitle H—Diversity and Inclusion 

Sec. 571. Reduction of gender-related inequities in costs of uniforms to members of 

the Armed Forces. 

Sec. 572. Study on number of members of the Armed Forces who identify as Hispanic or Latino. 

Sec. 573. Inclusion of military service academies, Officer Candidate and Training 

Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting. 

Sec. 574. Extension of deadline for GAO report on equal opportunity at the military 

service academies. 

Subtitle I—Decorations and Awards, Miscellaneous Reports, and Other Matters 

Sec. 581. Modified deadline for establishment of special purpose adjunct to Armed 

Services Vocational Aptitude Battery test. 

Sec. 582. Authorizations for certain awards. 

Sec. 583. Establishment of the Atomic Veterans Commemorative Service Medal. 

Sec. 584. Updates and preservation of memorials to chaplains at Arlington National Cemetery. 

Sec. 585. Reports on security force personnel performing protection level one duties. 

Sec. 586. GAO study on tattoo policies of the Armed Forces. 

Sec. 587. Briefing regarding best practices for community engagement in Hawaii. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Basic needs allowance for members on active service in the Armed Forces. 

Sec. 602. Equal incentive pay for members of the reserve components of the Armed 

Forces. 

Sec. 603. Expansions of certain travel and transportation authorities. 

Sec. 604. Repeal of expiring travel and transportation authorities. 


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Sec. 605. Requirements in connection with suspension of retired pay and retirement annuities. 

Sec. 606. Report on relationship between basic allowance for housing and sizes of 

military families. 

Sec. 607. Report on certain moving expenses for members of the Armed Forces. 

Sec. 608. Report on temporary lodging expenses in competitive housing markets. 

Sec. 609. Report on rental partnership programs. 

Subtitle B—Bonus and Incentive Pays 

Sec. 611. One-year extension of certain expiring bonus and special pay authorities. 

Subtitle C—Family and Survivor Benefits 

Sec. 621. Extension of paid parental leave. 

Sec. 622. Bereavement leave for members of the Armed Forces. 

Sec. 623. Travel and transportation allowances for family members to attend the 

funeral and memorial services of members. 

Sec. 624. Expansion of pilot program to provide financial assistance to members of 

the Armed Forces for in-home child care. 

Sec. 625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States. 

Sec. 626. Casualty assistance program: reform; establishment of working group. 

Subtitle D—Defense Resale Matters 

Sec. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores. 

Subtitle E—Miscellaneous Rights and Benefits 

Sec. 641. Alexander Lofgren Veterans in Parks program. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Eating disorders treatment for certain members of the Armed Forces and 

dependents. 

Sec. 702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program. 

Sec. 703. Revisions to TRICARE provider networks. 

Sec. 704. Self-initiated referral process for mental health evaluations of members 

of the Armed Forces. 

Sec. 705. Modifications to pilot program on health care assistance system. 

Sec. 706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program. 

Sec. 707. Improvement of postpartum care for members of the Armed Forces and 

dependents. 

Subtitle B—Health Care Administration 

Sec. 711. Modification of certain Defense Health Agency organization requirements. 

Sec. 712. Requirement for consultations relating to military medical research and 

Defense Health Agency Research and Development. 

Sec. 713. Authorization of program to prevent fraud and abuse in the military 

health system. 

Sec. 714. Authority of Secretary of Defense and Secretary of Veterans Affairs to 

enter into agreements for planning, design, and construction of facilities 

to be operated as shared medical facilities. 

Sec. 715. Extension of authority for Joint Department of Defense-Department of 

Veterans Affairs Medical Facility Demonstration Fund. 

Sec. 716. Establishment of Department of Defense system to track and record information on vaccine administration. 

Sec. 717. Exemption from required physical examination and mental health assessment for certain members of the reserve components. 

Sec. 718. Authorization of provision of instruction at Uniformed Services University 

of the Health Sciences to certain Federal employees. 

Sec. 719. Removal of requirement for one year of participation in certain medical 

and lifestyle incentive programs of the Department of Defense to receive 

benefits under such programs. 

Sec. 720. Department of Defense standards for exemptions from mandatory 

COVID–19 vaccines. 

Sec. 721. Establishment of centers of excellence for enhanced treatment of ocular 

injuries. 

Sec. 722. Implementation of integrated product for management of population 

health across military health system. 


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Sec. 723. Digital health strategy of Department of Defense. 

Sec. 724. Development and update of certain policies relating to military health 

system and integrated medical operations. 

Sec. 725. Mandatory training on health effects of burn pits. 

Sec. 726. Standardization of definitions used by the Department of Defense for 

terms related to suicide. 

Subtitle C—Reports and Other Matters 

Sec. 731. Modifications and reports related to military medical manning and medical billets. 

Sec. 732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and 

treatment of anomalous health conditions. 

Sec. 733. Pilot program on cardiac screening at certain military service academies. 

Sec. 734. Pilot program on assistance for mental health appointment scheduling at 

military medical treatment facilities. 

Sec. 735. Prohibition on availability of funds for certain research connected to 

China. 

Sec. 736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine. 

Sec. 737. Independent analysis of Department of Defense Comprehensive Autism 

Care Demonstration program. 

Sec. 738. Independent review of suicide prevention and response at military installations. 

Sec. 739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam. 

Sec. 740. Study on incidence of breast cancer among members of the Armed Forces 

serving on active duty. 

Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record program. 

Sec. 742. Comptroller General study on implementation by Department of Defense 

of recent statutory requirements to reform the military health system. 

Sec. 743. Study to determine need for a joint fund for Federal Electronic Health 

Record Modernization Office. 

Sec. 744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes. 

Sec. 745. Briefing on substance abuse in the Armed Forces. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Acquisition workforce educational partnerships. 

Sec. 802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations. 

Sec. 803. Authority to acquire innovative commercial products and commercial 

services using general solicitation competitive procedures. 

Sec. 804. Modifications to contracts subject to cost or pricing data certification. 

Sec. 805. Two-year extension of Selected Acquisition Report requirement. 

Sec. 806. Annual report on highest and lowest performing acquisition programs of 

the Department of Defense. 

Sec. 807. Assessment of impediments and incentives to improving the acquisition 

of commercial products and commercial services. 

Sec. 808. Briefing on transparency for certain domestic procurement waivers. 

Sec. 809. Report on violations of certain domestic preference laws. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Certain multiyear contracts for acquisition of property: budget justification materials. 

Sec. 812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures. 

Sec. 813. Office of Corrosion Policy and Oversight employee training requirements. 

Sec. 814. Modified condition for prompt contract payment eligibility. 

Sec. 815. Modification to procurement of services: data analysis and requirements 

validation. 

Sec. 816. Limitation on procurement of welded shipboard anchor and mooring chain 

for naval vessels. 

Sec. 817. Repeal of preference for fixed-price contracts. 

Subtitle C—Provisions Relating to Other Transaction Authority 

Sec. 821. Modification of other transaction authority for research projects. 


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Sec. 822. Modification of prize authority for advanced technology achievements. 

Sec. 823. Pilot program on systems engineering determinations. 

Sec. 824. Recommendations on the use of other transaction authority. 

Sec. 825. Reporting requirement for certain defense acquisition activities. 

Subtitle D—Provisions Relating to Software and Technology 

Sec. 831. Technology protection features activities. 

Sec. 832. Modification of enhanced transfer of technology developed at Department 

of Defense laboratories. 

Sec. 833. Pilot program on acquisition practices for emerging technologies. 

Sec. 834. Pilot program to accelerate the procurement and fielding of innovative 

technologies. Sec. 835. Independent study on technical debt in software-intensive systems. 

Sec. 836. Cadre of software development and acquisition experts. 

Subtitle E—Provisions Relating to Supply Chain Security 

Sec. 841. Modernization of acquisition processes to ensure integrity of industrial 

base. 

Sec. 842. Modification to analyses of certain activities for action to address sourcing 

and industrial capacity. Sec. 843. Assuring integrity of overseas fuel supplies. 

Sec. 844. Assessment of requirements for certain items to address supply chain 

vulnerabilities. 

Sec. 845. Department of Defense research and development priorities. 

Sec. 846. Report on the Manufacturing Engineering Education Program. 

Sec. 847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries. 

Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region. 

Subtitle F—Industrial Base Matters 

Sec. 851. Modifications to printed circuit board acquisition restrictions. 

Sec. 852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries. Sec. 853. Additional testing of commercial e-commerce portal models. 

Sec. 854. Requirement for industry days and requests for information to be open 

to allied defense contractors. 

Sec. 855. Employment transparency regarding individuals who perform work in the 

People’s Republic of China. Sec. 856. Briefing on compliance with contractor lobbying restrictions. 

Sec. 857. Congressional oversight of personnel and contracts of private security 

contractors. 

Subtitle G—Small Business Matters 

Sec. 861. Exemption of certain contracts from the periodic inflation adjustments to 

the acquisition-related dollar threshold. Sec. 862. Modification to the pilot program for streamlining awards for innovative 

technology projects. Sec. 863. Protests and appeals relating to eligibility of business concerns. 

Sec. 864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns. Sec. 865. Report on unfunded priorities of the Small Business Innovation Research 

and Small Business Technology Transfer program. Sec. 866. Report on Cybersecurity Maturity Model Certification effects on small 

business. 

Sec. 867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards. 

Subtitle H—Other Matters 

Sec. 871. Mission management pilot program. 

Sec. 872. Establishment of mission-oriented pilot programs to close significant capabilities gaps. Sec. 873. Independent study on acquisition practices and policies. 

Sec. 874. Pilot program to incentivize contracting with employee-owned businesses. 

Sec. 875. Guidance, training, and report on place of performance contract requirements. 

Sec. 876. Notification of certain intergovernmental support agreements. 

Sec. 877. Report on requests for equitable adjustment in Department of the Navy. 

Sec. 878. Military standards for armor materials in vehicle specifications. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

Sec. 901. Change in eligibility requirements for appointment to certain Department 

of Defense leadership positions. 


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Sec. 902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity. 

Sec. 903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. 

Sec. 904. Implementation of repeal of Chief Management Officer of the Department 

of Defense. 

Sec. 905. Space Force organizational matters and modification of certain space-related acquisition authorities. 

Sec. 906. Assignments for participants in the John S. McCain Strategic Defense 

Fellows Program. 

Sec. 907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy. 

Sec. 908. Management innovation activities. 

Sec. 909. Digital talent recruiting officer. 

Sec. 910. Cross-functional team for emerging threat relating to anomalous health 

incidents. 

Sec. 911. Alignment of Close Combat Lethality Task Force. 

Sec. 912. Independent review of and report on the Unified Command Plan. 

Sec. 913. Study and report on the role and organization of space assets in the reserve components. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Revision of limitation on funding for combatant commands through 

Combatant Commander Initiative Fund. 

Sec. 1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process. Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution Reform. 

Subtitle B—Counterdrug Activities 

Sec. 1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia. 

Sec. 1008. Authority for joint task forces to provide support to law enforcement 

agencies conducting counter-terrorism activities. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1011. Modification to annual naval vessel construction plan. 

Sec. 1012. Improving oversight of Navy contracts for shipbuilding, conversion, and 

repair. 

Sec. 1013. Codification of requirement for assessments prior to start of construction 

on first ship of a shipbuilding program. 

Sec. 1014. Limitation on decommissioning or inactivating a battle force ship before 

the end of expected service life. 

Sec. 1015. Biennial report on shipbuilder training and the defense industrial base. 

Sec. 1016. Annual report on ship maintenance. 

Sec. 1017. Navy battle force ship assessment and requirement reporting. 

Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol boats. 

Sec. 1019. Availability of funds for retirement or inactivation of guided missile 

cruisers. 

Sec. 1020. Review of sustainment key performance parameters for shipbuilding programs. 

Sec. 1021. Assessment of security of global maritime chokepoints. 

Sec. 1022. Report on acquisition, delivery, and use of mobility assets that enable 

implementation of expeditionary advanced base operations. 

Subtitle D—Counterterrorism 

Sec. 1031. Inclusion in counterterrorism briefings of information on use of military 

force in collective self-defense. 

Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, 

Cuba, to certain countries. 

Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, 

Cuba, to the United States. 

Sec. 1034. Extension of prohibition on use of funds to construct or modify facilities 

in the United States to house detainees transferred from United States 

Naval Station, Guantanamo Bay, Cuba. 


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Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of 

United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1036. Report on medical care provided to detainees at United States Naval 

Station, Guantanamo Bay, Cuba. 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Congressional oversight of alternative compensatory control measures. 

Sec. 1042. Modification of notification requirements for sensitive military operations. 

Sec. 1043. Authority to provide space and services to military welfare societies. 

Sec. 1044. Congressional notification of significant Army force structure changes. 

Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse 

comitatus. 

Sec. 1046. Comparative testing reports for certain aircraft. 

Sec. 1047. Special operations forces joint operating concept for competition and conflict. 

Sec. 1048. Limitation on availability of certain funding for operation and maintenance. Sec. 1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment. 

Sec. 1050. Briefing by Comptroller General and limitation on use of funds pending 

compliance with requirement for independent studies regarding potential cost savings. 

Sec. 1051. Survey on relations between members of the Armed Forces and military 

communities. 

Sec. 1052. Limitation on use of funds pending compliance with certain statutory reporting requirements. 

Sec. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern. 

Subtitle F—Studies and Reports 

Sec. 1061. Inclusion of support services for Gold Star families in quadrennial quality of life review. 

Sec. 1062. Public availability of semi-annual summaries of reports. 

Sec. 1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department 

Of Homeland Security and Department Of Defense. 

Sec. 1064. Continuation of certain Department of Defense reporting requirements. 

Sec. 1065. Updated review and enhancement of existing authorities for using Air 

Force and Air National Guard modular airborne fire-fighting systems 

and other Department of Defense assets to fight wildfires. 

Sec. 1066. Geographic combatant command risk assessment of Air Force airborne 

intelligence, surveillance, and reconnaissance modernization plan. 

Sec. 1067. Biennial assessments of Air Force Test Center. 

Sec. 1068. Report on 2019 World Military Games. 

Sec. 1069. Reports on oversight of Afghanistan. 

Sec. 1070. Study and report on Department of Defense excess personal property 

program. 

Sec. 1071. Optimization of Irregular Warfare Technical Support Directorate. 

Sec. 1072. Assessment of requirements for and management of Army three-dimensional geospatial data. 

Sec. 1073. Required review of Department of Defense unmanned aircraft systems 

categorization. 

Sec. 1074. Annual report and briefing on Global Force Management Allocation 

Plan. 

Sec. 1075. Report on World War I and Korean War era Superfund facilities. 

Sec. 1076. Report on implementation of irregular warfare strategy. 

Sec. 1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service. 

Sec. 1078. Report on Air Force strategy for acquisition of combat rescue aircraft 

and equipment. 

Subtitle G—Other Matters 

Sec. 1081. Technical, conforming, and clerical amendments. 

Sec. 1082. Modification to Regional Centers for Security Studies. 

Sec. 1083. Improvement of transparency and congressional oversight of civil reserve 

air fleet. 

Sec. 1084. Observance of National Atomic Veterans Day. 

Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations. 

Sec. 1086. National Museum of the Surface Navy. 


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Sec. 1087. Authorization for memorial for members of the Armed Forces killed in 

attack on Hamid Karzai International Airport. 

Sec. 1088. Treatment of operational data from Afghanistan. 

Sec. 1089. Responsibilities for national mobilization; personnel requirements. 

Sec. 1090. Independent assessment with respect to Arctic region. 

Sec. 1091. National Security Commission on Emerging Biotechnology. 

Sec. 1092. Quarterly security briefings on Afghanistan. 

Sec. 1093. Transition of funding for non-conventional assisted recovery capabilities. 

Sec. 1094. Afghanistan War Commission Act of 2021. 

Sec. 1095. Commission on the National Defense Strategy. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Amendment to diversity and inclusion reporting. 

Sec. 1102. Civilian personnel management. 

Sec. 1103. Modification of temporary authority to appoint retired members of the 

armed forces to positions in the Department of Defense. 

Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of 

International Legal Studies. 

Sec. 1105. Consideration of employee performance in reductions in force for civilian 

positions in the Department of Defense. 

Sec. 1106. Repeal of 2-year probationary period. 

Sec. 1107. Modification of DARPA personnel management authority to attract 

science and engineering experts. 

Sec. 1108. Expansion of rate of overtime pay authority for Department of the Navy 

employees performing work overseas on naval vessels. 

Sec. 1109. Repeal of crediting amounts received against pay of Federal employee or 

DC employee serving as a member of the National Guard of the District 

of Columbia. 

Sec. 1110. Treatment of hours worked under a qualified trade-of-time arrangement. 

Sec. 1111. Parental bereavement leave. 

Sec. 1112. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. 

Sec. 1113. Extension of authority for temporary personnel flexibilities for Domestic 

Defense Industrial Base Facilities and Major Range and Test Facilities 

Base civilian personnel. 

Sec. 1114. One-year extension of temporary authority to grant allowances, benefits, 

and gratuities to civilian personnel on official duty in a combat zone. 

Sec. 1115. Assessment of Accelerated Promotion Program suspension. 

Sec. 1116. Increase in allowance based on duty at remote worksites. 

Sec. 1117. Enhancement of recusal for conflicts of personal interest requirements 

for Department of Defense officers and employees. 

Sec. 1118. Occupational series for digital career fields. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Administrative support and payment of certain expenses for covered foreign defense personnel. 

Sec. 1202. Authority for certain reimbursable interchange of supplies and services. 

Sec. 1203. Extension of support of special operations for irregular warfare. 

Sec. 1204. Modification and extension of biennial Comptroller General of the 

United States audits of programs to build the capacity of foreign security forces. 

Sec. 1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the 

United States-Colombia Action Plan for Regional Security. 

Sec. 1206. Security cooperation strategy for certain combatant commands. 

Sec. 1207. Report on security cooperation programs. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1211. Sense of Congress on the service of United States Armed Forces 

servicemembers in Afghanistan. 

Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1213. Prohibition on transfer of Department of Defense funds or resources to 

the Taliban. 

Sec. 1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan. 

Sec. 1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces. 


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Sec. 1216. Joint report on using the synchronized predeployment and operational 

tracker (spot) database to verify Afghan SIV applicant information. 

Sec. 1217. Report and briefing on United States equipment, property, and classified 

material that was destroyed or abandoned in the withdrawal from Afghanistan. 

Subtitle C—Matters Relating to Syria, Iraq, and Iran 

Sec. 1221. Extension and modification of authority to provide assistance to vetted 

Syrian groups and individuals. 

Sec. 1222. Defense and diplomatic strategy for Syria. 

Sec. 1223. Extension and modification of authority to provide assistance to counter 

the Islamic State of Iraq and Syria. 

Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. 

Sec. 1225. Prohibition on transfers to Badr Organization. 

Sec. 1226. Prohibition on transfers to Iran. 

Sec. 1227. Report on the military capabilities of Iran and related activities. 

Sec. 1228. Sense of Congress on enrichment of uranium by Iran. 

Subtitle D—Matters Relating to Russia 

Sec. 1231. Extension of limitation on military cooperation between the United 

States and the Russian Federation. 

Sec. 1232. Extension of Ukraine Security Assistance Initiative. 

Sec. 1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises. 

Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian 

Federation over Crimea. 

Sec. 1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member. 

Subtitle E—Matters Relating to the Indo-Pacific Region 

Sec. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative. 

Sec. 1242. Extension and modification of Pacific Deterrence Initiative. 

Sec. 1243. Modification of annual report on military and security developments involving the People’s Republic of China. 

Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. 

Sec. 1245. Cooperative program with Vietnam to account for Vietnamese personnel 

missing in action. 

Sec. 1246. Sense of Congress on Taiwan defense relations. 

Sec. 1247. Statement of policy on Taiwan. 

Sec. 1248. Annual report on Taiwan asymmetric capabilities and intelligence support. 

Sec. 1249. Feasibility briefing on cooperation between the National Guard and Taiwan. Sec. 1250. Feasibility report on establishing military-to-military crisis communications capabilities. 

Sec. 1251. Comparative analyses and reports on efforts by the United States and 

the People’s Republic of China to advance critical modernization technology with respect to military applications. 

Sec. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region. 

TITLE XIII—OTHER MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Matters Relating to Europe and NATO 

Sec. 1301. Sense of Congress on North Atlantic Treaty Organization allies and 

partners. 

Sec. 1302. Report on Armenia-Azerbaijan conflict. 

Sec. 1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative. 

Subtitle B—United States-Greece Defense and Interparliamentary Partnership Act 

of 2021 

Sec. 1311. Sense of Congress. 

Sec. 1312. Funding for the European Recapitalization Incentive Program. 

Sec. 1313. Sense of Congress on loan program. 

Sec. 1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to 

Greece. 

Sec. 1315. IMET cooperation with Greece. 

Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary 

Group. 


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Sec. 1317. Appropriate congressional committees. 

Subtitle C—Security Cooperation and Assistance 

Sec. 1321. Clarification of requirements for contributions by participants in the 

American, British, Canadian, and Australian Armies’ Program. 

Sec. 1322. Foreign Area Officer assessment and review. 

Sec. 1323. Study on certain security cooperation programs. 

Sec. 1324. Notification relating to overseas humanitarian, disaster, and civic aid 

funds obligated in support of operation allies welcome. 

Subtitle D—Other Matters 

Sec. 1331. Extension and modification of authority for certain payments to redress 

injury and loss. 

Sec. 1332. Secretary of Defense Strategic Competition Initiative. 

Sec. 1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States. 

Sec. 1334. Pilot program to support the implementation of the Women, Peace, and 

Security act of 2017. 

Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors. 

Sec. 1336. Security assistance in Northern Triangle countries. 

Sec. 1337. Report on human rights in Colombia. 

Sec. 1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean. 

Sec. 1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. 

Sec. 1340. Statement of policy and report on Yemen. 

Sec. 1341. Limitation on support to military forces of the Kingdom of Morocco for 

multilateral exercises. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide. 

Sec. 1404. Defense Inspector General. 

Sec. 1405. Defense Health Program. 

Subtitle B—Other Matters 

Sec. 1411. Acquisition of strategic and critical materials from the national technology and industrial base. 

Sec. 1412. Authorization to loan materials in National Defense Stockpile. 

Sec. 1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. 

Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home. 

TITLE XV—CYBERSPACE-RELATED MATTERS 

Subtitle A—Matters Related to Cyber Operations and Cyber Forces 

Sec. 1501. Development of taxonomy of cyber capabilities. 

Sec. 1502. Extension of sunset for pilot program on regional cybersecurity training 

center for the Army National Guard. 

Sec. 1503. Modification of the Principal Cyber Advisor. 

Sec. 1504. Evaluation of Department of Defense cyber governance. 

Sec. 1505. Operational technology and mission-relevant terrain in cyberspace. 

Sec. 1506. Matters concerning cyber personnel requirements. 

Sec. 1507. Assignment of certain budget control responsibilities to commander of 

United States Cyber Command. 

Sec. 1508. Coordination between United States Cyber Command and private sector. 

Sec. 1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities. 

Sec. 1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure. 

Sec. 1511. Comparative analysis of cybersecurity capabilities. 

Sec. 1512. Eligibility of owners and operators of critical infrastructure to receive 

certain Department of Defense support and services. 

Sec. 1513. Report on potential Department of Defense support and assistance for 

increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure. 


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Subtitle B—Matters Related to Department of Defense Cybersecurity and 

Information Technology 

Sec. 1521. Enterprise-wide procurement of cyber data products and services. 

Sec. 1522. Legacy information technologies and systems accountability. 

Sec. 1523. Update relating to responsibilities of Chief Information Officer. 

Sec. 1524. Protective Domain Name System within the Department of Defense. 

Sec. 1525. Cybersecurity of weapon systems. 

Sec. 1526. Assessment of controlled unclassified information program. 

Sec. 1527. Cyber data management. 

Sec. 1528. Zero trust strategy, principles, model architecture, and implementation 

plans. 

Sec. 1529. Demonstration program for automated security validation tools. 

Sec. 1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters. 

Sec. 1531. Digital development infrastructure plan and working group. 

Sec. 1532. Study regarding establishment within the Department of Defense of a 

designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department. 

Sec. 1533. Report on the Cybersecurity Maturity Model Certification program. 

Sec. 1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system. 

Subtitle C—Matters Related to Federal Cybersecurity 

Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to 

identify threats to industrial control systems. 

Sec. 1542. Cybersecurity vulnerabilities. 

Sec. 1543. Report on cybersecurity vulnerabilities. 

Sec. 1544. Competition relating to cybersecurity vulnerabilities. 

Sec. 1545. Strategy. 

Sec. 1546. Cyber incident response plan. 

Sec. 1547. National cyber exercise program. 

Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure Security 

Agency. 

Sec. 1549. Strategic assessment relating to innovation of information systems and 

cybersecurity threats. 

Sec. 1550. Pilot program on public-private partnerships with internet ecosystem 

companies to detect and disrupt adversary cyber operations. 

Sec. 1551. United States-Israel cybersecurity cooperation. 

Sec. 1552. Authority for National Cyber Director to accept details on nonreimbursable basis. 

TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND 

INTELLIGENCE MATTERS 

Subtitle A—Space Activities 

Sec. 1601. National security space launch program. 

Sec. 1602. Redesignation of Space Force Acquisition Council; modifications relating 

to Assistant Secretary of the Air Force for Space Acquisition and Integration. 

Sec. 1603. Delegation of Authorities to Space Development Agency. 

Sec. 1604. Extension and modification of Council on Oversight of the Department 

of Defense Positioning, Navigation, and Timing Enterprise. 

Sec. 1605. Improvements to tactically responsive space launch program. 

Sec. 1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing. 

Sec. 1607. Programs of record of Space Force and commercial capabilities. 

Sec. 1608. Extension and modification of certifications regarding integrated tactical 

warning and attack assessment mission of the Air Force. 

Sec. 1609. Classification review of programs of the Space Force. 

Sec. 1610. Report on Range of the Future initiative of the Space Force. 

Sec. 1611. Space policy review. 

Sec. 1612. Annual briefing on threats to space operations. 

Sec. 1613. National Security Council briefing on potential harmful interference to 

Global Positioning System. 

Sec. 1614. Non-geostationary orbit satellite constellations. 

Sec. 1615. Briefing on prototype program for multiglobal navigation satellite system receiver development. 

Subtitle B—Defense Intelligence and Intelligence-Related Activities 

Sec. 1621. Notification of certain threats to United States Armed Forces by foreign 

governments. 


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Sec. 1622. Strategy and plan to implement certain defense intelligence reforms. 

Sec. 1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense. 

Sec. 1624. Report on explosive ordnance intelligence matters. 

Subtitle C—Nuclear Forces 

Sec. 1631. Participation in United States Strategic Command strategic deterrence 

exercises. 

Sec. 1632. Modification to requirements relating to nuclear force reductions. 

Sec. 1633. Modifications to requirements relating to unilateral changes in nuclear 

weapons stockpile of the United States. 

Sec. 1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems. 

Sec. 1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe. 

Sec. 1636. Procurement authority for certain parts of the ground-based strategic 

deterrent cryptographic device. 

Sec. 1637. Capability of B–21 bomber aircraft with long-range standoff weapon. 

Sec. 1638. Mission-design series popular name for ground-based strategic deterrent. 

Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the 

United States. 

Sec. 1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise 

missile. 

Sec. 1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile. 

Sec. 1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles. 

Sec. 1643. Revised nuclear posture review. 

Sec. 1644. Review of safety, security, and reliability of nuclear weapons and related 

systems. 

Sec. 1645. Long-range standoff weapon. 

Sec. 1646. Ground-based strategic deterrent development program accountability 

matrices. 

Sec. 1647. Information regarding review of Minuteman III service life extension 

program or options for the future of the intercontinental ballistic missile 

force. 

Sec. 1648. Notification regarding intercontinental ballistic missiles of China. 

Sec. 1649. Independent review of nuclear command, control, and communications 

system. 

Sec. 1650. Review of engineering and manufacturing development contract for 

ground-based strategic deterrent program. 

Sec. 1651. Report on re-alerting long-range bombers. 

Sec. 1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements. 

Sec. 1653. Briefing on consultations with United States allies regarding Nuclear 

Posture Review. 

Subtitle D—Missile Defense Programs 

Sec. 1661. Notification of changes to non-standard acquisition and requirements 

processes and responsibilities of Missile Defense Agency. 

Sec. 1662. Limitation on Missile Defense Agency production of satellites and 

ground systems associated with operation of such satellites. 

Sec. 1663. Extension of period for transition of ballistic missile defense programs 

to military departments. 

Sec. 1664. Directed energy programs for ballistic and hypersonic missile defense. 

Sec. 1665. Guam integrated air and missile defense system. 

Sec. 1666. Missile defense radar in Hawaii. 

Sec. 1667. Certification required for Russia and China to tour certain missile defense sites. 

Sec. 1668. Next generation interceptors for missile defense of the United States 

homeland. 

Sec. 1669. Iron Dome short-range rocket defense system and Israeli cooperative 

missile defense program co-development and co-production. 

Sec. 1670. Update of study on discrimination capabilities of the ballistic missile defense system. 

Sec. 1671. Semiannual updates on meetings held by the Missile Defense Executive 

Board. 

Sec. 1672. Matters regarding Integrated Deterrence Review. 

Sec. 1673. Semiannual notifications regarding missile defense tests and costs. 

Sec. 1674. Report on senior leadership of Missile Defense Agency. 


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Sec. 1675. Independent study of roles and responsibilities of Department of Defense 

components relating to missile defense. 

Subtitle E—Other Matters 

Sec. 1681. Cooperative threat reduction funds. 

Sec. 1682. Modification to estimate of damages from Federal Communications Commission Order 20–48. 

Sec. 1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena. 

Sec. 1684. Determination on certain activities with unusually hazardous risks. 

Sec. 1685. Study by Public Interest Declassification Board relating to certain tests 

in the Marshall Islands. 

Sec. 1686. Protection of Major Range and Test Facility Base. 

Sec. 1687. Congressional Commission on the Strategic Posture of the United 

States. 

TITLE XVII—TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND 

REORGANIZATION OF DEFENSE ACQUISITION STATUTES 

Sec. 1701. Technical, conforming, and clerical amendments related to title XVIII of 

the Fiscal Year 2021 NDAA. 

Sec. 1702. Conforming cross reference technical amendments related to the transfer 

and reorganization of defense acquisition statutes. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2003. Effective date and automatic execution of conforming changes to tables 

of sections, tables of contents, and similar tabular entries. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project. 

Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, 

Texas. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2021 project. 

Sec. 2107. Additional authorized funding source for certain fiscal year 2022 project. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Authorization of appropriations, Navy. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Authorization of appropriations, Air Force. 

Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects. 

Sec. 2305. Modification of authority to carry out military construction projects at 

Tyndall Air Force Base, Florida. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Authorized Energy Resilience and Conservation Investment Program 

projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Extension and modification of authority to carry out certain fiscal years 

2017 and 2019 projects. 

TITLE XXV—INTERNATIONAL PROGRAMS 

Subtitle A—North Atlantic Treaty Organization Security Investment Program 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

Subtitle B—Host Country In-Kind Contributions 

Sec. 2511. Republic of Korea funded construction projects. 


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Sec. 2512. Republic of Poland funded construction projects. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. 

Sec. 2702. Prohibition on conducting additional base realignment and closure 

(BRAC) round. 

Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical Depot and 

Chemical Agent-Destruction Pilot Plant, Colorado. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program Changes 

Sec. 2801. Public availability of information on Facilities Sustainment, Restoration, 

and Modernization projects. 

Sec. 2802. Limitations on authorized cost and scope of work variations. 

Sec. 2803. Department of Defense stormwater management projects for military installations and defense access roads. 

Sec. 2804. Use of amounts available for operation and maintenance in carrying out 

military construction projects for energy resilience, energy security, or 

energy conservation. 

Sec. 2805. Flood risk management for military construction. 

Sec. 2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas 

outside the United States. 

Subtitle B—Continuation of Military Housing Reforms 

Sec. 2811. Modification of calculation of military housing contractor pay for 

privatized military housing. 

Sec. 2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government-owned and Governmentcontrolled. 

Sec. 2813. Applicability of disability laws to privatized military housing units and 

clarification of prohibition against collection from tenants of amounts in 

addition to rent. 

Sec. 2814. Required investments in improving military unaccompanied housing. 

Sec. 2815. Improvement of security of lodging and living spaces on military installations. 

Sec. 2816. Improvement of Department of Defense child development centers and 

increased availability of child care for children of military personnel. 

Subtitle C—Real Property and Facilities Administration 

Sec. 2821. Secretary of the Navy authority to support development and operation 

of National Museum of the United States Navy. 

Sec. 2822. Expansion of Secretary of the Navy authority to lease and license United 

States Navy museum facilities to generate revenue to support museum 

administration and operations. 

Subtitle D—Military Facilities Master Plan Requirements 

Sec. 2831. Cooperation with State and local governments in development of master 

plans for major military installations. 

Sec. 2832. Additional changes to requirements regarding master plans for major 

military installations. 

Sec. 2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations. 

Sec. 2834. Master plans and investment strategies for Army ammunition plants 

guiding future infrastructure, facility, and production equipment improvements. 


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Subtitle E—Matters Related to Unified Facilities Criteria and Military Construction 

Planning and Design 

Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of private 

nursing and lactation space in certain military construction projects. 

Sec. 2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems. 

Sec. 2843. Amendment of Unified Facilities Criteria to promote energy efficient 

military installations. 

Sec. 2844. Additional Department of Defense activities to improve energy resiliency 

of military installations. 

Subtitle F—Land Conveyances 

Sec. 2851. Modification of restrictions on use of former Navy property conveyed to 

University of California, San Diego, California. 

Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts. 

Sec. 2853. Land conveyance, Saint Joseph, Missouri. 

Sec. 2854. Land conveyance, Department of Defense excess property, St. Louis, 

Missouri. 

Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina. 

Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to 

City of Virginia Beach, Virginia. 

Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to 

School Board of City of Virginia Beach, Virginia. 

Subtitle G—Authorized Pilot Programs 

Sec. 2861. Pilot program on increased use of sustainable building materials in military construction. 

Sec. 2862. Pilot program on establishment of account for reimbursement for use of 

testing facilities at installations of the Department of the Air Force. 

Subtitle H—Asia-Pacific and Indo-Pacific Issues 

Sec. 2871. Improved oversight of certain infrastructure services provided by Naval 

Facilities Engineering Systems Command Pacific. 

Sec. 2872. Annual congressional briefing on renewal of Department of Defense 

easements and leases of land in Hawai‘i. 

Sec. 2873. Hawai‘i Military Land Use Master Plan. 

Subtitle I—One-Time Reports and Other Matters 

Sec. 2881. Clarification of installation and maintenance requirements regarding 

fire extinguishers in Department of Defense facilities. 

Sec. 2882. GAO review and report of military construction contracting at military 

installations inside the United States. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs and Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Nuclear energy. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Plutonium pit production capacity. 

Sec. 3112. Improvements to cost estimates informing analyses of alternatives. 

Sec. 3113. University-based defense nuclear policy collaboration program. 

Sec. 3114. Defense environmental cleanup programs. 

Sec. 3115. Modification of requirements for certain construction projects. 

Sec. 3116. Updates to infrastructure modernization initiative. 

Sec. 3117. Extension of authority for appointment of certain scientific, engineering, 

and technical personnel. 

Sec. 3118. Extension of authority for acceptance of contributions for acceleration of 

removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. 

Sec. 3119. Extension of enhanced procurement authority to manage supply chain 

risk. 

Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads. 


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Sec. 3121. Portfolio management framework for National Nuclear Security Administration. 

Subtitle C—Reports and Other Matters 

Sec. 3131. Modifications to certain reporting requirements. 

Sec. 3132. Modification to terminology for reports on financial balances for atomic 

energy defense activities. Sec. 3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile. Sec. 3134. Report on plant-directed research and development. 

Sec. 3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials. Sec. 3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio. 

Sec. 3137. Comprehensive strategy for treating, storing, and disposing of defense 

nuclear waste resulting from stockpile maintenance and modernization 

activities. 

Sec. 3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration. Sec. 3139. Study on the W80–4 nuclear warhead life extension program. 

Sec. 3140. Study on Runit Dome and related hazards. 

Sec. 3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME SECURITY 

Subtitle A—Maritime Administration 

Sec. 3501. Authorization of the Maritime Administration. 

Subtitle B—Other Matters 

Sec. 3511. Effective period for issuance of documentation for recreational vessels. 

Sec. 3512. Committees on maritime matters. 

Sec. 3513. Port Infrastructure Development Program. 

Sec. 3514. Uses of emerging marine technologies and practices. 

Sec. 3515. Prohibition on participation of long term charters in Tanker Security 

Fleet. 

Sec. 3516. Coastwise endorsement. 

Sec. 3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing. Sec. 3518. Authorization to purchase duplicate medals. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 4201. Research, development, test, and evaluation. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Sec. 4701. Department of Energy national security programs. 


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DIVISION E—DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021 

Sec. 5001. Short title. 

Sec. 5002. Definitions. 

TITLE LI—ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF 

STATE 

Sec. 5101. Sense of Congress on importance of Department of State’s work. 

Sec. 5102. Assistant Secretary for International Narcotics and Law Enforcement 

Affairs. 

Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. 

Sec. 5104. Office of International Disability Rights. 

Sec. 5105. Special appointment authority. 

Sec. 5106. Repeal of authority for Special Representative and Policy Coordinator for 

Burma. 

Sec. 5107. Anti-piracy information sharing. 

Sec. 5108. Importance of foreign affairs training to national security. 

Sec. 5109. Classification and assignment of Foreign Service officers. 

Sec. 5110. Reporting on implementation of GAO recommendations. 

Sec. 5111. Extension of period for reimbursement of fishermen for costs incurred 

from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments. 

Sec. 5112. Art in embassies. 

Sec. 5113. International fairs and expositions. 

Sec. 5114. Amendment or repeal of reporting requirements. 

TITLE LII—EMBASSY CONSTRUCTION 

Sec. 5201. Embassy security, construction, and maintenance. 

Sec. 5202. Standard design in capital construction. 

Sec. 5203. Capital construction transparency. 

Sec. 5204. Contractor performance information. 

Sec. 5205. Growth projections for new embassies and consulates. 

Sec. 5206. Long-range planning process. 

Sec. 5207. Value engineering and risk assessment. 

Sec. 5208. Business volume. 

Sec. 5209. Embassy security requests and deficiencies. 

Sec. 5210. Overseas security briefings. 

Sec. 5211. Contracting methods in capital construction. 

Sec. 5212. Competition in embassy construction. 

Sec. 5213. Statement of policy. 

Sec. 5214. Definitions. 

TITLE LIII—PERSONNEL ISSUES 

Sec. 5301. Defense Base Act insurance waivers. 

Sec. 5302. Study on Foreign Service allowances. 

Sec. 5303. Science and technology fellowships. 

Sec. 5304. Travel for separated families. 

Sec. 5305. Home leave travel for separated families. 

Sec. 5306. Sense of Congress regarding certain fellowship programs. 

Sec. 5307. Technical correction. 

Sec. 5308. Foreign Service awards. 

Sec. 5309. Workforce actions. 

Sec. 5310. Sense of Congress regarding veterans employment at the Department of 

State. 

Sec. 5311. Employee assignment restrictions and preclusions. 

Sec. 5312. Recall and reemployment of career members. 

Sec. 5313. Strategic staffing plan for the Department of State. 

Sec. 5314. Consulting services. 

Sec. 5315. Incentives for critical posts. 

Sec. 5316. Extension of authority for certain accountability review boards. 

Sec. 5317. Foreign Service suspension without pay. 

Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes. 

Sec. 5319. Waiver authority for individual occupational requirements of certain positions. 

Sec. 5320. Appointment of employees to the Global Engagement Center. 

Sec. 5321. Competitive status for certain employees hired by Inspectors General to 

support the lead IG mission. 

Sec. 5322. Report relating to Foreign Service Officer training and development. 

Sec. 5323. Cooperation with Office of the Inspector General. 

Sec. 5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education 

Act. 


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Sec. 5325. Implementation of gap memorandum in selection board process. 

TITLE LIV—A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND 

PROMOTION 

Sec. 5401. Definitions. 

Sec. 5402. Exit interviews for workforce. 

Sec. 5403. Recruitment and retention. 

Sec. 5404. Leadership engagement and accountability. 

Sec. 5405. Professional development opportunities and tools. 

Sec. 5406. Examination and oral assessment for the Foreign Service. 

Sec. 5407. Payne fellowship authorization. 

Sec. 5408. Voluntary participation. 

TITLE LV—INFORMATION SECURITY 

Sec. 5501. Definitions. 

Sec. 5502. List of certain telecommunications providers. 

Sec. 5503. Preserving records of electronic communications. 

Sec. 5504. Foreign Relations of the United States (FRUS) series and declassification. 

TITLE LVI—PUBLIC DIPLOMACY 

Sec. 5601. Short title. 

Sec. 5602. Avoiding duplication of programs and efforts. 

Sec. 5603. Improving research and evaluation of public diplomacy. 

Sec. 5604. Permanent reauthorization of the United States Advisory Commission 

on Public Diplomacy. 

Sec. 5605. Streamlining of support functions. 

Sec. 5606. Guidance for closure of public diplomacy facilities. 

Sec. 5607. Definitions. 

TITLE LVII—OTHER MATTERS 

Sec. 5701. Limitation on assistance to countries in default. 

Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return Act 

of 2014 amendment. 

Sec. 5703. Chief of mission concurrence. 

Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force. 

DIVISION F—OTHER NON-DEPARTMENT OF DEFENSE MATTERS 

TITLE LXI—FINANCIAL SERVICES MATTERS 

Sec. 6101. FinCEN Exchange. 

Sec. 6102. Adverse information in cases of trafficking. 

Sec. 6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts. 

Sec. 6104. United States policy on Burma at the International Monetary Fund, the 

World Bank Group, and the Asian Development Bank. 

Sec. 6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies. 

Sec. 6106. Illicit finance improvements. 

Sec. 6107. Briefing on delegation of examination authority under the Bank Secrecy 

Act. 

TITLE LXII—FOREIGN SERVICE FAMILIES ACT OF 2021 

Sec. 6201. Short title. 

Sec. 6202. Telecommuting opportunities. 

Sec. 6203. Employment and education programs for eligible family members of 

members of the Foreign Service. 

Sec. 6204. Briefing on Foreign Service family reserve corps. 

Sec. 6205. Treatment of family members seeking positions customarily filled by 

Foreign Service officers or foreign national employees. 

Sec. 6206. In-State tuition rates for members of qualifying Federal service. 

Sec. 6207. Termination of residential or motor vehicle leases and telephone service 

contracts for certain members of the Foreign Service. 

TITLE LXIII—BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN 

EDUCATION MODERNIZATION ACT 

Sec. 6301. Short title. 

Sec. 6302. Clarifying amendments to definitions. 

Sec. 6303. Barry Goldwater Scholarship and Excellence in Education Awards. 


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Sec. 6304. Stipends. 

Sec. 6305. Scholarship and research internship conditions. 

Sec. 6306. Sustainable investments of funds. 

Sec. 6307. Administrative provisions. 

TITLE LXIV—DEPARTMENT OF HOMELAND SECURITY MEASURES 

Subtitle A—DHS Headquarters, Research and Development, and Related Matters 

Sec. 6401. Employee engagement steering committee and action plan. 

Sec. 6402. Annual employee award program. 

Sec. 6403. Chief Human Capital Officer responsibilities. 

Sec. 6404. Independent investigation and implementation plan. 

Sec. 6405. Authorization of the acquisition professional career program. 

Sec. 6406. National urban security technology laboratory. 

Sec. 6407. Department of Homeland Security Blue Campaign enhancement. 

Sec. 6408. Medical countermeasures program. 

Sec. 6409. Critical domain research and development. 

Sec. 6410. CBP Donations Acceptance Program Reauthorization. 

Subtitle B—Transportation Security 

Sec. 6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response. 

Sec. 6412. Transportation Security Preparedness Plan. 

Sec. 6413. Authorization of Transportation Security Administration personnel details. 

Sec. 6414. Transportation Security Administration preparedness. 

Sec. 6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints. 

Sec. 6416. Comptroller General review of Department of Homeland Security trusted traveler programs. 

Sec. 6417. Enrollment redress with respect to Department of Homeland Security 

trusted traveler programs. 

Sec. 6418. Threat information sharing. 

Sec. 6419. Local law enforcement security training. 

Sec. 6420. Allowable uses of funds for public transportation security assistance 

grants. 

Sec. 6421. Periods of performance for public transportation security assistance 

grants. 

Sec. 6422. GAO review of public transportation security assistance grant program. 

Sec. 6423. Sensitive security information; aviation security. 

TITLE LXV—OTHER MATTERS RELATING TO FOREIGN AFFAIRS 

Sec. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations. 

Sec. 6502. Required notification and reports related to Peacekeeping Operations account. 

Sec. 6503. Transnational Repression Accountability and Prevention. 

Sec. 6504. Human rights awareness for American athletic delegations. 

Sec. 6505. Cooperation between the United States and Ukraine regarding the titanium industry. 

Sec. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing. 

Sec. 6507. Report on net worth of Syrian President Bashar al-Assad. 

Sec. 6508. Annual report on United States policy toward South Sudan. 

Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN. 

Sec. 6510. Supporting democracy in Burma. 

Sec. 6511. United States Grand Strategy with respect to China. 

TITLE LXVI—OTHER MATTERS 

Sec. 6601. Eligibility of certain individuals who served with special guerrilla units 

or irregular forces in Laos for interment in national cemeteries. 

Sec. 6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria. 

Sec. 6603. Anomalous health incidents interagency coordinator. 

Sec. 6604. Chief Human Capital Officers Council annual report. 

Sec. 6605. National Global War on Terrorism Memorial. 

Sec. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science. 

Sec. 6607. Study and report on the redistribution of COVID–19 vaccine doses that 

would otherwise expire to foreign countries and economies. 

Sec. 6608. Catawba Indian Nation lands. 


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Sec. 6609. Property disposition for affordable housing. 

Sec. 6610. Blocking deadly fentanyl imports. 

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

In this Act, the term ‘‘congressional defense committees’’ has 

the meaning given that term in section 101(a)(16) of title 10, United 

States Code. 

SEC. 4. BUDGETARY EFFECTS OF THIS ACT. 

The budgetary effects of this Act, for the purpose of complying 

with the Statutory Pay-As-You-Go Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, jointly submitted for printing 

in the Congressional Record by the Chairmen of the House and 

Senate Budget Committees, provided that such statement has been 

submitted prior to the vote on passage in the House acting first 

on the conference report or amendment between the Houses. 

SEC. 5. EXPLANATORY STATEMENT. 

The explanatory statement regarding this Act, printed in the 

House section of the Congressional Record on or about December 

8, 2021, by the Chairman of the Committee on Armed Services 

of the House of Representatives and the Chairman of the Committee 

on Armed Services of the Senate, shall have the same effect with 

respect to the implementation of this Act as if it were a joint 

explanatory statement of a committee of conference. 

DIVISION A—DEPARTMENT OF 

DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

Sec. 111. Modification of deployment by the Army of interim cruise missile defense 

capability. 

Sec. 112. Multiyear procurement authority for AH–64E Apache helicopters. 

Sec. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk 

helicopters. 

Sec. 114. Continuation of Soldier Enhancement Program. 

Sec. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System. 

Sec. 116. Strategy and authority for the procurement of components for the next 

generation squad weapon. 

Subtitle C—Navy Programs 

Sec. 121. Extension of procurement authority for certain amphibious shipbuilding 

programs. 

Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne 

security barriers. 

Sec. 123. Extension of report on Littoral Combat Ship mission packages. 

Sec. 124. Incorporation of advanced degaussing systems into Arleigh Burke class 

destroyers. 

Sec. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers. 

Sec. 126. Acquisition, modernization, and sustainment plan for carrier air wings. 

Sec. 127. Report on material readiness of Virginia class submarines of the Navy. 

Subtitle D—Air Force Programs 

Sec. 131. Extension of inventory requirement for Air Force fighter aircraft. 

10 USC 101 note. 

Definition. 


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Sec. 132. Contract for logistics support for VC–25B aircraft. 

Sec. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons. 

Sec. 134. Prohibition on use of funds for retirement of A–10 aircraft. 

Sec. 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program. 

Sec. 136. Limitation on availability of funds pending information on bridge tanker 

aircraft. 

Sec. 137. Inventory requirements and limitations relating to certain air refueling 

tanker aircraft. 

Sec. 138. Minimum inventory of tactical airlift aircraft. 

Sec. 139. Report relating to reduction of total number of tactical airlift aircraft. 

Subtitle E—Defense-wide, Joint, and Multiservice Matters 

Sec. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program. 

Sec. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program 

Office to the Department of the Air Force and the Department of the 

Navy. 

Sec. 143. Limitation on availability of funds for air-based and space-based ground 

moving target indicator capabilities. 

Sec. 144. Limitation on availability of funds for procurement of aircraft systems for 

the armed overwatch program. 

Sec. 145. Analysis of certain radar investment options. 

Sec. 146. Review and briefing on fielded major weapon systems. 

Sec. 147. Reports on exercise of waiver authority with respect to certain aircraft 

ejection seats. 

Subtitle A—Authorization of 

Appropriations 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2022 for procurement for the Army, the Navy and the Marine 

Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101. 

Subtitle B—Army Programs 

SEC. 111. MODIFICATION OF DEPLOYMENT BY THE ARMY OF INTERIM 

CRUISE MISSILE DEFENSE CAPABILITY. 

Section 112(b) of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 

Stat. 1660), as amended by section 111(b) of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal Year 

2021 (Public Law 116–283), is further amended— 

(1) in paragraph (1), by striking ‘‘shall deploy the capability 

as follows:’’ and all that follows through the period at the 

end and inserting ‘‘shall deploy two batteries of the capability 

by not later than September 30, 2020.’’; 

(2) in paragraph (2)— 

(A) in the paragraph heading, by striking ‘‘DEADLINES’’ 

and inserting ‘‘DEADLINE’’; 

(B) in the matter preceding subparagraph (A), by 

striking ‘‘deadlines’’ and inserting ‘‘deadline’’; 

(C) in subparagraph (F), by adding ‘‘and’’ at the end; 

(D) by striking subparagraph (G); and 

(E) by redesignating subparagraph (H) as subparagraph (G); and 

(3) in paragraph (4), by striking ‘‘deadlines specified in 

paragraph (1):’’ and all that follows through the period at 

Determination. 

Deadline. 

134 Stat. 3423. 


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the end and inserting ‘‘deadline specified in paragraph (1) if 

the Secretary determines that sufficient funds have not been 

appropriated to enable the Secretary to meet such deadline.’’. 

SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR AH–64E 

APACHE HELICOPTERS. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 2306b of title 10, United States Code, the Secretary of the 

Army may enter into one or more multiyear contracts, beginning 

with the fiscal year 2022 program year, for the procurement of 

AH–64E Apache helicopters. 

(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (a) shall provide that any obligation 

of the United States to make a payment under the contract for 

a fiscal year after fiscal year 2022 is subject to the availability 

of appropriations for that purpose for such later fiscal year. 

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR UH–60M AND 

HH–60M BLACK HAWK HELICOPTERS. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 2306b of title 10, United States Code, the Secretary of the 

Army may enter into one or more multiyear contracts, beginning 

with the fiscal year 2022 program year, for the procurement of 

UH–60M and HH–60M Black Hawk helicopters. 

(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (a) shall provide that any obligation 

of the United States to make a payment under the contract for 

a fiscal year after fiscal year 2022 is subject to the availability 

of appropriations for that purpose for such later fiscal year. 

SEC. 114. CONTINUATION OF SOLDIER ENHANCEMENT PROGRAM. 

(a) REQUIREMENT TO CONTINUE PROGRAM.—The Secretary of 

the Army, acting through the Assistant Secretary of the Army 

for Acquisition, Logistics, and Technology in accordance with subsection (b), shall continue to carry out the Soldier Enhancement 

Program established pursuant to section 203 of the National 

Defense Authorization Act for Fiscal Years 1990 and 1991 (Public 

Law 101–189; 103 Sat. 1394). 

(b) RESPONSIBLE OFFICIAL.—The Secretary of the Army shall 

designate the Assistant Secretary of the Army for Acquisition, Logistics, and Technology as the official in the Department of the Army 

with principal responsibility for the management of the Soldier 

Enhancement Program under subsection (a). 

(c) DUTIES.—The duties of the Soldier Enhancement Program 

shall include the identification, research, development, test, and 

evaluation of commercially available off-the-shelf items (as defined 

in section 104 of title 41, United States Code) and software applications to accelerate the efforts of the Army to integrate, modernize, 

and enhance weapons and equipment for use by Army soldiers, 

including— 

(1) lighter, more lethal weapons; and 

(2) support equipment, including lighter, more comfortable 

load-bearing equipment, field gear, combat clothing, survivability items, communications equipment, navigational aids, 

night vision devices, tactical power, sensors, and lasers. 

Designation. 

10 USC 7532 

note prec. 

Effective date. 

Effective date. 


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SEC. 115. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT 

ON THE INTEGRATED VISUAL AUGMENTATION SYSTEM. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2022 for 

the Army for procurement for the Integrated Visual Augmentation 

System, not more than 75 percent may be obligated or expended 

until the date on which the Secretary of the Army submits to 

the congressional defense committees the report required under 

subsection (b). 

(b) REPORT REQUIRED.— (1) IN GENERAL.—Not later than the date specified in paragraph (3), the Secretary of the Army shall submit to the 

congressional defense committees a report on the Integrated 

Visual Augmentation System of the Army. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A certification from the Secretary of the Army 

that the Integrated Visual Augmentation System is sufficiently reliable to meet operational needs for mean time 

between failure to support planned operational mission 

profiles. 

(B) A certification from the Secretary of the Army 

that the tactical network is sufficiently suitable and reliable 

to support the operational employment of the System, 

including the System’s ability to integrate into command 

networks. 

(C)(i) A certification from the Secretary of the Army 

that the duration of the System’s battery power is suitable 

and reliable enough to meet planned operational mission 

requirements. 

(ii) A plan to ensure the battery management of the 

System meets such requirements. 

(D) A plan to enable the System to display position 

location and identification information for adjacent units, 

non-System-equipped platforms, and soldiers. 

(E) A plan, including critical milestones, to achieve 

certified three-dimensional geospatial data within the 

System for dynamic and precision targeting. 

(F) A basis-of-issue plan based on lessons from the 

developmental and operational testing of the System. 

(G) A plan for iterative improvements to sensors, software, and form factor throughout production and procurement of the System. 

(H) Any other matters that the Secretary considers 

relevant to the full understanding of the status of and 

plan for the System. 

(3) DATE SPECIFIED.—The date specified in this paragraph 

is a date selected by the Secretary of the Army that is not 

later than 60 days after the date on which initial operational 

testing of the Integrated Visual Augmentation System of the 

Army has been completed. 

(c) ASSESSMENT REQUIRED.—Not later than 60 days after the 

date on which the Secretary of the Army submits the report required 

under subsection (b), the Director of Operational Test and Evaluation shall submit to the congressional defense committees an assessment of the validity, reliability, and objectivity of the report with 

respect to each element described in subsection (b)(2). 

Deadline. 

Deadline. 

Certification. 

Certification. 

Certification. 

Plans. 

Effective date. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1569 

SEC. 116. STRATEGY AND AUTHORITY FOR THE PROCUREMENT OF 

COMPONENTS FOR THE NEXT GENERATION SQUAD 

WEAPON. 

(a) STRATEGY REQUIRED.—The Secretary of the Army shall 

develop and implement a competitive procurement strategy to identify, test, qualify, and procure components and accessories for the 

next generation squad weapon of the Army, including magazines, 

that are capable of improving the performance of such weapon, 

with an emphasis on the procurement of— 

(1) commercially available off-the-shelf items; 

(2) nondevelopmental items; and 

(3) components and accessories previously developed by 

the Army that may be used for such weapon. 

(b) MARKET SURVEY.—Upon receipt of the initial operational 

test and evaluation report for the next generation squad weapon, 

the Secretary of the Army shall initiate a market survey to identify 

components and accessories for the weapon that meet the criteria 

described in subsection (a). 

(c) AUTHORIZATION.—After completing the market survey under 

subsection (b), the Secretary of the Army may enter into one or 

more contracts for the procurement of components and accessories 

for the next generation squad weapon that meet the criteria 

described in subsection (a). 

(d) INFORMATION TO CONGRESS.—Not later than one year after 

receiving the initial operational test and evaluation report for the 

next generation squad weapon, the Secretary of the Army shall 

submit to the congressional defense committees a report that 

includes— 

(1) the competitive acquisition strategy developed under 

subsection (a), including timelines for the fielding of components 

and accessories for such weapon that— 

(A) are commercially available off-the-shelf items or 

nondevelopmental items; and 

(B) are capable of improving the performance of such 

weapon; 

(2) an assessment of the mean rounds between stoppage 

and mean rounds between failure of the next generation squad 

weapon, including a comparison of— 

(A) the mean rounds between stoppage and mean 

rounds between failure of such weapon; and 

(B) the mean rounds between stoppage and mean 

rounds between failure of currently fielded weapons; 

(3) an explanation of whether any items identified in the 

market survey conducted under subsection (b) demonstrate the 

ability to increase the mean rounds between stoppage or the 

mean rounds between failure of the next generation squad 

weapon; and 

(4) a plan to increase the mean rounds between stoppage 

and mean rounds between failure of the next generation squad 

weapon. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘commercially available off-the-shelf items’’ 

has the meaning given that term in section 104 of title 41, 

United States Code. 

(2) The term ‘‘nondevelopmental items’’ has the meaning 

given that term in section 110 of title 41, United States Code. 

Plan. 

Assessment. 

Timelines. 

Reports. 


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135 STAT. 1570 PUBLIC LAW 117–81—DEC. 27, 2021 

Subtitle C—Navy Programs 

SEC. 121. EXTENSION OF PROCUREMENT AUTHORITY FOR CERTAIN 

AMPHIBIOUS SHIPBUILDING PROGRAMS. 

Section 124(a)(1) of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended by striking ‘‘fiscal year 2021’’ and inserting ‘‘fiscal 

years 2021 and 2022’’. 

SEC. 122. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS 

FOR NAVY PORT WATERBORNE SECURITY BARRIERS. 

Section 130(a) of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 

Stat. 1665), as most recently amended by section 127 of the William 

M. (Mac) Thornberry National Defense Authorization Act for Fiscal 

Year 2021 (Public Law 116–283), is further amended by striking 

‘‘for fiscal years 2019, 2020, or 2021’’ and inserting ‘‘for fiscal 

years 2019, 2020, 2021, or 2022’’. 

SEC. 123. EXTENSION OF REPORT ON LITTORAL COMBAT SHIP MISSION 

PACKAGES. 

Section 123(a)(1) of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2030) is 

amended by striking ‘‘fiscal year 2022’’ and inserting ‘‘fiscal year 

2027’’. 

SEC. 124. INCORPORATION OF ADVANCED DEGAUSSING SYSTEMS INTO 

ARLEIGH BURKE CLASS DESTROYERS. 

(a) IN GENERAL.—The Secretary of the Navy shall ensure that 

an advanced degaussing system is incorporated into any Arleigh 

Burke class destroyer procured in fiscal year 2025 or any subsequent fiscal year pursuant to a covered contract. 

(b) COVERED CONTRACT DEFINED.—In this section, the term 

‘‘covered contract’’ means an annual or multiyear contract for the 

procurement of an Arleigh Burke class destroyer that is entered 

into by the Secretary of the Navy on or after the date of the 

enactment of this Act. 

SEC. 125. REPORT ON THE POTENTIAL BENEFITS OF A MULTIYEAR 

CONTRACT FOR THE PROCUREMENT OF FLIGHT III 

ARLEIGH BURKE CLASS DESTROYERS. 

(a) IN GENERAL.—Not later than March 1, 2022, the Secretary 

of the Navy shall submit to the congressional defense committees 

a report on the potential benefits of a multiyear contract for the 

period of fiscal years 2023 through 2027 for the procurement of 

Flight III Arleigh Burke class destroyers in the quantities specified 

in subsection (c). 

(b) ELEMENTS.—The report required by subsection (a) shall 

include preliminary findings, and the basis for such findings, of 

the Secretary with respect to whether— 

(1) the use of a contract described in such subsection could 

result in significant savings compared to the total anticipated 

costs of carrying out the program through annual contracts; 

(2) the minimum need for the destroyers described in such 

subsection to be purchased is expected to remain substantially 

unchanged during the contemplated contract period in terms 

of production rate, procurement rate, and total quantities; 

Time period. 

134 Stat. 3429. 

134 Stat. 3426. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1571 

(3) there is a reasonable expectation that throughout the 

contemplated contract period the Secretary of Defense will 

request funding for the contract at the level required to avoid 

contract cancellation; 

(4) there is a stable design for the destroyers to be acquired 

and that the technical risks associated with such property 

are not excessive; 

(5) the estimates of both the cost of the contract and 

the anticipated cost avoidance through the use of a multiyear 

contract are realistic; 

(6) the use of such a contract will promote the national 

security of the United States; and 

(7) a decision not to use such a contract will affect the 

industrial base and, if so, the nature of such effects. 

(c) EVALUATION BY QUANTITY.—The report required by subsection (a) shall evaluate the potential of procuring each of the 

following quantities of Flight III Arleigh Burke-class destroyers 

over the period described in such subsection: 

(1) 10. 

(2) 12. 

(3) 15. 

(4) Any other quantities the Secretary of the Navy considers 

appropriate. 

SEC. 126. ACQUISITION, MODERNIZATION, AND SUSTAINMENT PLAN 

FOR CARRIER AIR WINGS. 

(a) PLAN REQUIRED.—Not later than April 1, 2022, the Secretary 

of the Navy shall submit to the congressional defense committees 

a 15-year acquisition, modernization, and sustainment plan for 

the carrier air wings of the Navy. 

(b) ELEMENTS.—The plan required by subsection (a) shall 

include the following: 

(1)(A) An assessment of whether and to what extent the 

capabilities, capacity, and composition of the carrier air wings 

in existence as of the date of plan meet the requirements 

of the National Defense Strategy; and 

(B) a plan to address any known shortfalls of such carrier 

wings, including shortfalls with respect to aerial refueling aircraft capacity and strike-fighter combat radius. 

(2) An operational risk assessment and risk mitigation 

plan regarding the nine carrier air wings that, as of the date 

of the plan, support combatant commander steady-state peacetime and potential major contingency requirements. 

(3) An explanation of when the Secretary of the Navy 

will field a minimum of 10 carrier air wings in accordance 

with section 8062(e) of title 10, United States Code. 

(4) An identification and explanation of the role of autonomous and remotely-piloted aircraft, including the MQ–25 aircraft, and other potential capabilities and platforms planned 

to be fielded in future carrier air wings. 

(5) A detailed deck and hangar space plan that supports 

realistic peacetime steady-state or contingency surge level fixedwing aircraft and rotorcraft preparation activities, flight operations, and onboard unit-level maintenance, repair, and 

sustainment activities for future carrier air wings. 

(6) An appropriate modernization plan to maximize operational use of platforms in existence as of the date of the 

Risk assessment. 

Assessment. 

Deadline. 

Time period. 


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135 STAT. 1572 PUBLIC LAW 117–81—DEC. 27, 2021 

plan, particularly the EA–18G aircraft and the E–2D aircraft, 

by leveraging available technologies such as Next Generation 

Jammer. 

(7) An identification of the logistics supply chain support 

and modernization plan required during peacetime steady-state 

and contingency operations for future carrier air wings, particularly as it relates to implementing the organic C–130 and 

C–40 logistics tethering strategy. 

(8) A detailed explanation for the Secretary of the Navy’s 

decision to modify carrier air wing composition to one squadron 

of 14 F–35C aircraft instead of the originally planned two 

squadrons of 10 F–35C aircraft. 

SEC. 127. REPORT ON MATERIAL READINESS OF VIRGINIA CLASS SUBMARINES OF THE NAVY. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of the Navy shall submit 

to the congressional defense committees a report on the material 

readiness of the Virginia class submarines. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An assessment of the number of components and parts 

that have required replacement prior to the end of their estimated useful life or scheduled replacement timeline, including 

efforts to increase the reliability of ‘‘life of ship’’ components. 

(2) An assessment of the extent to which part and material 

shortages have impacted deployment and maintenance availability schedules, including an estimate of the number of active 

part cannibalizations or other actions taken to mitigate those 

impacts. 

(3) An identification of the planned lead time to obtain 

key material for Virginia class submarines from shipbuilders 

and vendors. 

(4) An identification of the actual lead time to obtain such 

material from shipbuilders and vendors. 

(5) An identification of the cost increases of key components 

and parts for new construction and maintenance availabilities 

above planned material costs. 

(6) An assessment of potential courses of action to improve 

the material readiness of the Virginia class submarines, 

including efforts to align new construction shipyards with 

maintenance shipyards and Naval Sea Systems Command to 

increase predictability of materials and purchasing power. 

(7) Such recommendations as the Secretary may have for 

legislative changes, authorities, realignments, and administrative actions, including reforms of the Federal Acquisition Regulation, to improve the material readiness of the Virginia class 

submarines. 

(8) Such other elements as the Secretary considers appropriate. 

Recommendations. 

Assessment. 

Assessment. 

Estimate. 

Assessment. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1573 

Subtitle D—Air Force Programs 

SEC. 131. EXTENSION OF INVENTORY REQUIREMENT FOR AIR FORCE 

FIGHTER AIRCRAFT. 

(a) EXTENSION OF INVENTORY REQUIREMENT.—Section 9062(i)(1) 

of title 10, United States Code, is amended by striking ‘‘October 

1, 2022’’ and inserting ‘‘October 1, 2026’’. 

(b) REPORTS ON RETIREMENT OF AIR FORCE FIGHTER AIRCRAFT.—Section 131 of the National Defense Authorization Act 

for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1314; 10 U.S.C. 

9062 note) is amended— 

(1) by amending subsection (b) to read as follows: 

‘‘(b) REPORT ON RETIREMENT OF AIRCRAFT.— 

‘‘(1) IN GENERAL.—Beginning with fiscal year 2023, for any 

fiscal year in which the Secretary of the Air Force expects 

the total aircraft inventory of fighter aircraft of the Air Force 

or the total primary mission aircraft inventory of fighter aircraft 

of the Air Force to decrease below the levels specified in section 

9062(i)(1) of title 10, United States Code, the Secretary of 

the Air Force shall submit to the congressional defense committees a report setting forth the following: 

‘‘(A) A detailed rationale for the retirement of existing 

fighter aircraft and a detailed operational analysis of the 

portfolio of capabilities of the Air Force that demonstrates 

performance of the designated mission at an equal or 

greater level of effectiveness as the retiring aircraft. 

‘‘(B) An assessment of the implications for the Air 

Force, the Air National Guard, and the Air Force Reserve 

of the force mix ratio of fighter aircraft and how existing 

aircraft inventory levels and unit personnel levels for the 

active and reserve components are proposed to change 

during the fiscal year in which fighter aircraft will be 

retired. 

‘‘(C) A detailed assessment of the current operational 

risk and the operational risk that will be incurred for 

meeting— 

‘‘(i) the requirements of the National Defense 

Strategy and combatant commanders; and 

‘‘(ii) operational plans for major contingency operations and steady-state or rotational operations. 

‘‘(D) Such other matters relating to the retirement 

of fighter aircraft as the Secretary considers appropriate. 

‘‘(2) TIMING OF REPORT.—Each report required under paragraph (1) shall be included in the materials submitted in support of the budget of the President (as submitted to Congress 

under section 1105(a) of title 31, United States Code) for the 

fiscal year in which applicable decrease in fighter aircraft inventory levels is expected to occur.’’; 

(2) by striking subsection (c); and 

(3) by redesignating subsection (d) as subsection (c). 

SEC. 132. CONTRACT FOR LOGISTICS SUPPORT FOR VC–25B AIRCRAFT. 

Section 143 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1668) 

is amended— 

Analysis. 

Effective date. 

Assessments. 


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135 STAT. 1574 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) in paragraph (1), by striking ‘‘, unless otherwise 

approved in accordance with established procedures’’; and 

(2) in paragraph (2), by inserting ‘‘such’’ before ‘‘logistics 

support contract’’. 

SEC. 133. PROHIBITION ON CERTAIN REDUCTIONS TO B–1 BOMBER 

AIRCRAFT SQUADRONS. 

(a) PROHIBITION.—During the covered period, the Secretary of 

the Air Force may not— 

(1) modify the designed operational capability statement 

for any B–1 bomber aircraft squadron, as in effect on the 

date of the enactment of this Act, in a manner that would 

reduce the capabilities of such a squadron below the levels 

specified in such statement as in effect on such date; or 

(2) reduce, below the levels in effect on such date of enactment, the number of personnel assigned to units responsible 

for the operation and maintenance of B–1 aircraft if such reduction would affect the ability of such units to meet the capability 

described in paragraph (1). 

(b) EXCEPTION.—The prohibition under subsection (a) shall not 

apply to an individual unit for which the Secretary of the Air 

Force has commenced the process of replacing B–1 bomber aircraft 

with B–21 bomber aircraft. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘covered period’’ means the period beginning 

on the date of the enactment of this Act and ending on September 30, 2023. 

(2) The term ‘‘designed operational capability statement’’ 

has the meaning given that term in Air Force Instruction 

10–201. 

SEC. 134. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF A– 

10 AIRCRAFT. 

(a) PROHIBITION.—Notwithstanding sections 134 and 135 of 

the National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2037), and except as provided in subsection 

(b), none of the funds authorized to be appropriated by this Act 

for fiscal year 2022 for the Air Force may be obligated to retire, 

prepare to retire, or place in storage or on backup aircraft inventory 

status any A–10 aircraft. 

(b) EXCEPTION.— 

(1) IN GENERAL.—The limitation under subsection (a) shall 

not apply to an individual A–10 aircraft that the Secretary 

of the Air Force determines, on a case-by-case basis, to be 

no longer mission capable because of a Class A mishap. 

(2) CERTIFICATION REQUIRED.—If the Secretary determines 

under paragraph (1) that an aircraft is no longer mission 

capable, the Secretary shall submit to the congressional defense 

committees a certification that the status of such aircraft is 

due to a Class A mishap and not due to lack of maintenance 

or repairs or other reasons. 

(3) CERTIFICATION ADDITIONAL.—Any certification submitted under paragraph (2) shall be in addition to the notification and certification required by section 135(b) of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 

114–328; 130 Stat. 2039). 

Determination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1575 

SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR THE B–52 

COMMERCIAL ENGINE REPLACEMENT PROGRAM. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2022 for 

the research and development, design, procurement, or advanced 

procurement of materials for the B–52 Commercial Engine Replacement Program, not more than 75 percent may be obligated or 

expended until the date on which the Secretary of Defense submits 

to the congressional defense committees the report described in 

section 2432 of title 10, United States Code, for the most recently 

concluded fiscal quarter for the B–52 Commercial Engine Replacement Program in accordance with subsection (b)(1). 

(b) ADDITIONAL REQUIREMENTS.— 

(1) TREATMENT OF BASELINE ESTIMATE.—The Secretary of 

Defense shall deem the Baseline Estimate for the B–52 

Commercial Engine Replacement Program for fiscal year 2020 

as the original Baseline Estimate for the Program. 

(2) UNIT COST REPORTS AND CRITICAL COST GROWTH.— 

(A) Subject to subparagraph (B), the Secretary shall 

carry out sections 2433 and 2433a of title 10, United States 

Code, with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a 

Selected Acquisition Report for the Program that included 

the Baseline Estimate for the Program for fiscal year 2020 

as the original Baseline Estimate, except that the Secretary 

shall not carry out subparagraph (B) or subparagraph (C) 

of section 2433a(c)(1) of such title with respect to the Program. 

(B) In carrying out the review required by section 

2433a of such title, the Secretary shall not enter into 

a transaction under section 2371 or 2371b of such title, 

exercise an option under such a transaction, or otherwise 

extend such a transaction with respect to the B–52 

Commercial Engine Replacement Program except to the 

extent determined necessary by the milestone decision 

authority, on a non-delegable basis, to ensure that the 

program can be restructured as intended by the Secretary 

without unnecessarily wasting resources. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘Baseline Estimate’’ has the meaning given 

the term in section 2433(a)(2) of title 10, United States Code. 

(2) The term ‘‘milestone decision authority’’ has the 

meaning given the term in section 2366b(g)(3) of title 10, United 

States Code. 

(3) The term ‘‘original Baseline Estimate’’ has the meaning 

given the term in section 2435(d)(1) of title 10, United States 

Code. 

(4) The term ‘‘Selected Acquisition Report’’ means a 

Selected Acquisition Report submitted to Congress under section 2432 of title 10, United States Code. 

SEC. 136. LIMITATION ON AVAILABILITY OF FUNDS PENDING INFORMATION ON BRIDGE TANKER AIRCRAFT. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2022 for 

the Office of the Secretary of the Air Force for travel expenses, 

Reports. 

Effective date. 

Reports. 


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135 STAT. 1576 PUBLIC LAW 117–81—DEC. 27, 2021 

not more than thirty-five percent may be obligated or expended 

until— 

(1) the Vice Chairman of the Joint Chiefs of Staff submits 

to the congressional defense committees a report outlining the 

requirements for the bridge tanker aircraft; and 

(2) the Secretary of the Air Force submits to the congressional defense committees— 

(A) a report detailing the acquisition strategy for the 

bridge tanker aircraft; 

(B) a certification identifying the amount of funds 

required for the acquisition of the bridge tanker aircraft; 

and 

(C) a plan for the development of the advanced aerial 

refueling tanker aircraft (commonly referred to as the ‘‘KC– 

Z’’). 

(b) BRIDGE TANKER AIRCRAFT DEFINED.—In this section, the 

term ‘‘bridge tanker aircraft’’ means the follow-on tanker aircraft 

(commonly referred to as the ‘‘KC–Y’’). 

SEC. 137. INVENTORY REQUIREMENTS AND LIMITATIONS RELATING 

TO CERTAIN AIR REFUELING TANKER AIRCRAFT. 

(a) REPEAL OF MINIMUM INVENTORY REQUIREMENTS FOR KC– 

10A AIRCRAFT.—Section 135 of the William M. (Mac) Thornberry 

National Defense Authorization Act for Fiscal Year 2021 (Public 

Law 116–283) is amended— 

(1) by striking subsection (b); 

(2) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; 

(3) in subsection (b), as so redesignated, by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (d)’’; and 

(4) by amending subsection (d), as so redesignated, to read 

as follows: 

‘‘(d) EXCEPTIONS.—The requirement in subsection (b) shall not 

apply to an aircraft otherwise required to be maintained by that 

subsection if the Secretary of the Air Force— 

‘‘(1) at any time during the period beginning on the date 

of the enactment of this Act and ending on October 1, 2023, 

determines, on a case-by-case basis, that such aircraft is no 

longer mission capable due to mishap or other damage, or 

being uneconomical to repair; or 

‘‘(2) during fiscal year 2023, certifies in writing to the 

congressional defense committees, not later than 30 days before 

the date of divestment of such aircraft, that the Air Force 

can meet combatant command tanker aircraft requirements 

by leveraging Air National Guard and Air Force Reserve 

capacity with increased Military Personnel Appropriation 

(MPA) Man-day Tours to the reserve force.’’. 

(b) LIMITATION ON RETIREMENT OF KC–135 AIRCRAFT.— 

(1) LIMITATION.—Notwithstanding section 135 of the William M. (Mac) Thornberry National Defense Authorization Act 

for Fiscal Year 2021 (Public Law 116–283) and except as provided in paragraph (2), the Secretary of the Air Force may 

not retire more than 18 KC–135 aircraft during the period 

beginning on the date of the enactment of this Act and ending 

on October 1, 2023. 

(2) EXCEPTION.—The limitation in paragraph (1) shall not 

apply to individual KC–135 aircraft that the Secretary of the 

Determination. 

Time period. 

Certification. 

Deadline. 

Determination. 

Time periods. 

134 Stat. 3431. 

Plan. 

Certification. 

Acquisition 

strategy. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1577 

Air Force determines, on a case-by-case basis, to be no longer 

mission capable because of mishaps, other damage, or being 

uneconomical to repair. 

(c) PROHIBITION ON REDUCTION OF KC–135 AIRCRAFT IN PMAI 

OF THE RESERVE COMPONENTS.—None of the funds authorized to 

be appropriated by this Act or otherwise made available for fiscal 

year 2022 for the Air Force may be obligated or expended to 

reduce the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air 

Force. 

(d) PRIMARY MISSION AIRCRAFT INVENTORY DEFINED.—In this 

section, the term ‘‘primary mission aircraft inventory’’ has the 

meaning given that term in section 9062(i)(2)(B) of title 10, United 

States Code. 

SEC. 138. MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT. 

(a) MINIMUM INVENTORY REQUIREMENT.—During the covered 

period, the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 279 aircraft. 

(b) EXCEPTION.—The Secretary of the Air Force may reduce 

the number of tactical airlift aircraft in the Air Force below the 

minimum number specified in subsection (a) if the Secretary determines, on a case-by-case basis, that an aircraft is no longer mission 

capable because of a mishap or other damage. 

(c) COVERED PERIOD DEFINED.—In this section, the term ‘‘covered period’’ means the period— 

(1) beginning on October 1, 2021; and 

(2) ending on the later of— 

(A) October 1, 2022; or 

(B) the date of the enactment of the next National 

Defense Authorization Act enacted after the date of the 

enactment of this Act. 

SEC. 139. REPORT RELATING TO REDUCTION OF TOTAL NUMBER OF 

TACTICAL AIRLIFT AIRCRAFT. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of the Air Force shall 

submit to the congressional defense committees a report on any 

plans of the Air Force to reduce the total number of tactical airlift 

aircraft in the inventory of the Air Force. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include, with respect to any plan of the Air Force to reduce the 

total number of tactical airlift aircraft— 

(1) the justification for such reduction; 

(2) an explanation of whether and to what extent domestic 

operations was considered as part of such justification; 

(3) analysis of the role of domestic operations during 

concurrent contingency operations; 

(4) analysis of the C–130 aircraft force structures recommended to support wartime mobility requirements as set 

forth in— 

(A) the mobility capability and requirements study conducted under section 144(b) of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115– 

91; 131 Stat. 1321); and 

(B) the mobility capability requirements study conducted under section 1712 of the National Defense 

Analysis. 

Analysis. 

Plans. 

Determination. 


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135 STAT. 1578 PUBLIC LAW 117–81—DEC. 27, 2021 

Authorization Act for Fiscal Year 2020 (Public Law 116– 

92; 133 Stat. 1803); 

(5) the Secretary’s justification for any increased risk that 

may result from accepting a C–130 aircraft force structure 

smaller than the force structure recommended by such studies; 

and 

(6) an explanation of whether and to what extent Governors 

of States that may be affected by the planned reduction were 

consulted as part of the decision making process. 

(c) FORM OF REPORT.—The report required under subsection 

(a) shall be submitted in unclassified form, but may include a 

classified annex. 

Subtitle E—Defense-wide, Joint, and 

Multiservice Matters 

SEC. 141. IMPLEMENTATION OF AFFORDABILITY, OPERATIONAL, AND 

SUSTAINMENT COST CONSTRAINTS FOR THE F–35 AIRCRAFT PROGRAM. 

(a) F–35A QUANTITY LIMIT FOR THE AIR FORCE.— 

(1) LIMITATION.—Beginning on October 1, 2028, the total 

number of F–35A aircraft that the Secretary of the Air Force 

may maintain in the aircraft inventory of the Air Force may 

not exceed the lesser of— 

(A) 1,763; or 

(B) the number obtained by— 

(i) multiplying 1,763 by the cost-per-tail factor 

determined under paragraph (2); and 

(ii) rounding the product of the calculation under 

clause (i) to the nearest whole number. 

(2) COST-PER-TAIL FACTOR.—For purposes of paragraph 

(1)(B), the cost-per-tail factor is equal to— 

(A) the affordability cost target for F–35A aircraft of 

the Air Force (as determined by the Secretary of the Air 

Force in accordance with subsection (e)), divided by 

(B) a number equal to the average cost-per-tail-peryear of the F–35A aircraft of the Air Force during fiscal 

year 2027 (as determined by the Secretary of the Air Force 

in accordance with subsection (f)). 

(b) F–35B QUANTITY LIMIT FOR THE MARINE CORPS.— 

(1) LIMITATION.—Beginning on October 1, 2028, the total 

number of F–35B aircraft that the Secretary of the Navy may 

maintain in the aircraft inventory of the Marine Corps may 

not exceed the lesser of— 

(A) 353; or 

(B) the number obtained by— 

(i) multiplying 353 by the cost-per-tail factor determined under paragraph (2); and 

(ii) rounding the product of the calculation under 

clause (i) to the nearest whole number. 

(2) COST-PER-TAIL FACTOR.—For purposes of paragraph 

(1)(B), the cost-per-tail factor is equal to— 

(A) the affordability cost target for F–35B aircraft of 

the Marine Corps (as determined by the Secretary of the 

Navy in accordance with subsection (e)), divided by 

Effective dates. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1579 

(B) a number equal to the average cost-per-tail-peryear of the F–35B aircraft of the Marine Corps during 

fiscal year 2027 (as determined by the Secretary of the 

Navy in accordance with subsection (f)). 

(c) F–35C QUANTITY LIMIT FOR THE NAVY.— 

(1) LIMITATION.—Beginning on October 1, 2028, the total 

number of F–35C aircraft that the Secretary of the Navy may 

maintain in the aircraft inventory of the Navy may not exceed 

the lesser of— 

(A) 273; or 

(B) the number obtained by— 

(i) multiplying 273 by the cost-per-tail factor determined under paragraph (2); and 

(ii) rounding the product of the calculation under 

clause (i) to the nearest whole number. 

(2) COST-PER-TAIL FACTOR.—For purposes of paragraph 

(1)(B), the cost-per-tail factor is equal to— 

(A) the affordability cost target for F–35C aircraft of 

the Navy (as determined by the Secretary of the Navy 

in accordance with subsection (e)), divided by 

(B) a number equal to the average cost-per-tail-peryear of the F–35C aircraft of the Navy during fiscal year 

2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). 

(d) F–35C QUANTITY LIMIT FOR THE MARINE CORPS.— 

(1) LIMITATION.—Beginning on October 1, 2028, the total 

number of F–35C aircraft that the Secretary of the Navy may 

maintain in the aircraft inventory of the Marine Corps may 

not exceed the lesser of— 

(A) 67; or 

(B) the number obtained by— 

(i) multiplying 67 by the cost-per-tail factor determined under paragraph (2); and 

(ii) rounding the product of the calculation under 

clause (i) to the nearest whole number. 

(2) COST-PER-TAIL FACTOR.—For purposes of paragraph 

(1)(B), the cost-per-tail factor is equal to— 

(A) the affordability cost target for F–35C aircraft of 

the Marine Corps (as determined by the Secretary of the 

Navy in accordance with subsection (e)), divided by 

(B) a number equal to the average cost-per-tail-peryear of the F–35C aircraft of the Marine Corps during 

fiscal year 2027 (as determined by the Secretary of the 

Navy in accordance with subsection (f)). 

(e) DETERMINATION OF REQUIRED AFFORDABILITY COST TARGETS.— 

(1) AIR FORCE.—Not later than October 1, 2025, the Secretary of the Air Force shall— 

(A) determine an affordability cost target to be used 

for purposes of subsection (a)(2)(A), which shall be the 

dollar amount the Secretary determines to represent the 

required cost-per-tail-per-year for an F–35A aircraft of the 

Air force for fiscal year 2027; and 

(B) submit to the congressional defense committees 

a certification identifying the affordability cost target determined under subparagraph (A). 

Deadlines. 

Certifications. 


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135 STAT. 1580 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) NAVY AND MARINE CORPS.—Not later than October 1, 

2025, the Secretary of the Navy shall— 

(A) determine an affordability cost target to be used 

for purposes of subsection (b)(2)(A), which shall be the 

dollar amount the Secretary determines to represent the 

required cost-per-tail-per-year for an F–35B aircraft of the 

Marine Corps for fiscal year 2027; 

(B) determine an affordability cost target to be used 

for purposes of subsection (c)(2)(A), which shall be the 

dollar amount the Secretary determines to represent the 

required cost-per-tail-per-year for an F–35C aircraft of the 

Navy for fiscal year 2027; 

(C) determine an affordability cost target to be used 

for purposes of subsection (d)(2)(A), which shall be the 

dollar amount the Secretary determines to represent the 

required cost-per-tail-per-year for an F–35C aircraft of the 

Marine Corps for fiscal year 2027; and 

(D) submit to the congressional defense committees 

a certification identifying each affordability cost target 

determined under subparagraphs (A) through (C). 

(f) DETERMINATION OF ACTUAL COST-PER-TAIL-PER-YEAR FOR

FISCAL YEAR 2027.—— 

(1) IN GENERAL.—Not later than 90 days after the end 

of fiscal year 2027— 

(A) the Secretary of the Air Force shall determine 

the average cost-per-tail of the F–35A aircraft of the Air 

Force during fiscal year 2027; and 

(B) the Secretary of the Navy shall determine the 

average cost-per-tail of— 

(i) the F–35B aircraft of the Marine Corps during 

fiscal year 2027; 

(ii) the F–35C aircraft of the Navy during fiscal 

year 2027; and 

(iii) the F–35C aircraft of the Marine Corps during 

fiscal year 2027. 

(2) CALCULATION.—For purposes of paragraph (1), the average cost-per-tail of a variant of an F–35 aircraft of an Armed 

Force shall be determined by— 

(A) adding the total amount expended for fiscal year 

2027 (in base year fiscal 2012 dollars) for all such aircraft 

in the inventory of the Armed Force for— 

(i) unit level manpower; 

(ii) unit operations; 

(iii) maintenance; 

(iv) sustaining support; 

(v) continuing system support; and 

(vi) modifications; and 

(B) dividing the sum obtained under subparagraph 

(A) by the average number of such aircraft in the inventory 

of the Armed Force during such fiscal year. 

(g) WAIVER AUTHORITY.—The Secretary of Defense may waive 

the quantity limits under any of subsections (a) through (d) if, 

prior to issuing such a waiver, the Secretary certifies to the congressional defense committees that procuring additional quantities of 

a variant of an F–35 aircraft above the applicable quantity limit 

are required to meet the national military strategy requirements 

Certification. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1581 

of the combatant commanders. The authority of the Secretary under 

this subsection may not be delegated. 

(h) AIRCRAFT DEFINED.—In this section, the term ‘‘aircraft’’ 

means aircraft owned and operated by an Armed Force of the 

United States and does not include aircraft owned or operated 

by an armed force of a foreign country. 

SEC. 142. TRANSFER OF F–35 PROGRAM RESPONSIBILITIES FROM THE 

F–35 JOINT PROGRAM OFFICE TO THE DEPARTMENT OF 

THE AIR FORCE AND THE DEPARTMENT OF THE NAVY. 

(a) TRANSFER OF FUNCTIONS.— 

(1) SUSTAINMENT FUNCTIONS.—Not later than October 1, 

2027, the Secretary of Defense shall transfer all functions 

relating to the management, planning, and execution of 

sustainment activities for the F–35 aircraft program from the 

F–35 Joint Program Office to the Secretary of the Air Force 

and the Secretary of the Navy as follows: 

(A) All functions of the F–35 Joint Program Office 

relating to the management, planning, and execution of 

sustainment activities for F–35B and F–35C aircraft shall 

be transferred to the Department of the Navy, and the 

Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying 

out such functions. 

(B) All functions of the F–35 Joint Program Office 

relating to the management, planning, and execution of 

sustainment activities for F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying 

out such functions. 

(2) ACQUISITION FUNCTIONS.—Not later than October 1, 

2029, the Secretary of Defense shall transfer all acquisition 

functions for the F–35 aircraft program from the F–35 Joint 

Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows: 

(A) All functions of the F–35 Joint Program Office 

relating to the acquisition of F–35B and F–35C aircraft 

shall be transferred to the Department of the Navy, and 

the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying 

out such functions. 

(B) All functions of the F–35 Joint Program Office 

relating to the acquisition of F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying 

out such functions. 

(b) TRANSITION PLAN.—Not later than October 1, 2022, the 

Under Secretary of Defense for Acquisition and Sustainment, in 

coordination with the Secretary of the Air Force and the Secretary 

of the Navy, shall submit to the congressional defense committees 

a plan for carrying out the transfers required under subsection 

(a). 

Coordination. 

Deadlines. 


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135 STAT. 1582 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR AIR-BASED 

AND SPACE-BASED GROUND MOVING TARGET INDICATOR 

CAPABILITIES. 

(a) REVIEW OF REDUNDANCIES.—The Secretary of Defense shall 

conduct a review of all established and planned efforts to provide 

air-based and space-based ground moving target indicator capability 

to identify, eliminate, and prevent redundancies of such efforts 

across the Department of Defense. 

(b) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2022 for 

the capability described in subsection (a), not more than 75 percent 

may be obligated or expended for procurement or research and 

development for such capability until the date on which the Vice 

Chairman of the Joint Chiefs of Staff submits to the congressional 

defense committees the information required under subsection (c). 

(c) INFORMATION REQUIRED.—The Vice Chairman of the Joint 

Chiefs of Staff, in consultation with the Secretaries of the military 

departments and the heads of such other agencies as the Secretary 

of Defense considers relevant to the ground moving target indicator 

capability described in subsection (a), shall submit to the congressional defense committees the following: 

(1) A list of all procurement and research and development 

efforts relating to the capability that are funded by— 

(A) the Department of Defense; or 

(B) any other department or agency of the Federal 

Government. 

(2) A description of how the efforts described in paragraph 

(1) will— 

(A) provide real-time information to relevant military 

end users through the use of air battle managers; and 

(B) meet the needs of combatant commanders with 

respect to priority target tasking. 

(3) Analysis of whether, and to what extent, the efforts 

described in paragraph (1) comply with— 

(A) the joint all domain command and control requirements and standards of the Department; and 

(B) the validated requirements of the Joint Requirements Oversight Council with respect to ground moving 

target indicator capabilities. 

(4) Identification of any potential areas of overlap among 

the efforts described in paragraph (1). 

SEC. 144. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF AIRCRAFT SYSTEMS FOR THE ARMED 

OVERWATCH PROGRAM. 

None of the funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2022 for the Department 

of Defense for the procurement of aircraft systems for the armed 

overwatch program of the United States Special Operations Command may be obligated or expended until a period of 15 days 

has elapsed following the date on which the acquisition roadmap 

required by section 165(a) of the William M. (Mac) Thornberry 

National Defense Authorization Act for Fiscal Year 2021 (Public 

Law 116–283) is submitted to the congressional defense committees. 

SEC. 145. ANALYSIS OF CERTAIN RADAR INVESTMENT OPTIONS. 

(a) ANALYSIS REQUIRED.— 

Time period. 

Analysis. 

Compliance. 

List. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1583 

(1) IN GENERAL.—The Director of Cost Assessment and 

Program Evaluation shall conduct an analysis of covered radar 

systems operating in the Navy and the Missile Defense Agency 

over the period covered by the most recent future-years defense 

program submitted to Congress under section 221 of title 10, 

United States Code. 

(2) ELEMENTS.—The analysis conducted under paragraph 

(1) shall include the following: 

(A) An independent cost estimate of each covered radar 

system described in paragraph (1) and each variant thereof. 

(B) An assessment of the capability provided by each 

such system and variant to address current and future 

air and missile defense threats. 

(C) In the case of covered radar systems operating 

in the Navy, an assessment of the capability and technical 

suitability of each planned configuration for such systems 

to support current and future distributed maritime operations in contested environments. 

(b) REPORT.—Not later than May 1, 2022, the Director of Cost 

Assessment and Program Evaluation shall submit to the congressional defense committees a report that includes the following: 

(1) The results of the analysis conducted under subsection 

(a)(1). 

(2) Such recommendations as the Director may have to 

achieve greater capability, affordability, and sustainability 

across covered radar systems described in subsection (a)(1), 

including variants thereof, during fiscal years 2022 through 

2027, including whether— 

(A) to continue to develop and maintain each covered 

radar system separately; or 

(B) to pursue fewer configurations of such systems. 

(c) COVERED RADAR SYSTEMS DEFINED.—In this section, the 

term ‘‘covered radar systems’’ means radar systems with the following designations an any variants thereof: 

(1) AN/SPY–1. 

(2) AN/SPY–3. 

(3) AN/SPY–6. 

(4) AN/SPY–7. 

SEC. 146. REVIEW AND BRIEFING ON FIELDED MAJOR WEAPON SYSTEMS. 

(a) REVIEW AND BRIEFING REQUIRED.—Not later than March 

1, 2023, the Secretary of Defense shall conduct a review, and 

provide a briefing to the congressional defense committees, on the 

processes of the Department of Defense for the management of 

strategic risk with respect to capabilities of fielded major weapon 

systems funded in the most recent future-years defense program 

submitted to Congress under section 221 of title 10, United States 

Code, including a description of the analytical and implementation 

methodologies used— 

(1) to ensure that fielded major weapon systems meet current and emerging military threats; 

(2) to upgrade or replace any fielded major weapon systems 

that is not capable of effectively meeting operational requirements or current, evolving, or emerging threats; and 

(3) to develop and implement plans for the replacement 

and divestment of fielded major weapon systems that address 

Deadline. 

Recommendations. 

Time period. 

Cost estimate. 

Assessments. 


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135 STAT. 1584 PUBLIC LAW 117–81—DEC. 27, 2021 

lower-priority military threats, as determined by intelligence 

assessments and operational requirements. 

(b) MAJOR WEAPON SYSTEM DEFINED.—In this section, the term 

‘‘major weapon system’’ has the meaning given such term under 

section 2379(f) of title 10, United States Code. 

SEC. 147. REPORTS ON EXERCISE OF WAIVER AUTHORITY WITH 

RESPECT TO CERTAIN AIRCRAFT EJECTION SEATS. 

Not later than February 1, 2022, and on a semiannual basis 

thereafter through February 1, 2024, the Secretary of the Air Force 

and the Secretary of the Navy shall each submit to the congressional 

defense committees a report that includes, with respect to each 

location at which active flying operations are conducted or planned 

as of the date report— 

(1) the number of aircrew ejection seats installed in the 

aircraft used, or expected to be used, at such location; 

(2) of the ejection seats identified under paragraph (1), 

the number that have been, or are expected to be, placed 

in service subject to a waiver due to— 

(A) deferred maintenance; or 

(B) the inability to obtain parts to make repairs or 

to fulfill time-compliance technical orders; and 

(3) for each ejection seat subject to a waiver as described 

in paragraph (2)— 

(A) the date on which the waiver was issued; and 

(B) the name and title of the official who authorized 

the waiver. 

TITLE II—RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Codification of National Defense Science and Technology Strategy. 

Sec. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders. 

Sec. 213. Duties and regional activities of the Defense Innovation Unit. 

Sec. 214. Codification of requirement for Defense Established Program to Stimulate 

Competitive Research. 

Sec. 215. Codification of authorities relating to Department of Defense science and 

technology reinvention laboratories. 

Sec. 216. Improvements relating to steering committee on emerging technology and 

national security threats. 

Sec. 217. Improvements relating to national network for microelectronics research 

and development. 

Sec. 218. Modification of mechanisms for expedited access to technical talent and 

expertise at academic institutions to support Department of Defense 

missions. 

Sec. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of 

Defense. 

Sec. 220. Defense research and engineering activities at minority institutions. 

Sec. 221. Test program for engineering plant of DDG(X) destroyer vessels. 

Sec. 222. Consortium to study irregular warfare. 

Sec. 223. Development and implementation of digital technologies for survivability 

and lethality testing. 

Sec. 224. Assessment and correction of deficiencies in the pilot breathing systems 

of tactical fighter aircraft. 

Sec. 225. Identification of the hypersonics facilities and capabilities of the Major 

Range and Test Facility Base. 

Time period. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1585 

Sec. 226. Review of artificial intelligence applications and establishment of performance metrics. 

Sec. 227. Modification of the joint common foundation program. 

Sec. 228. Executive education on emerging technologies for senior civilian and military leaders. 

Sec. 229. Activities to accelerate development and deployment of dual-use quantum 

technologies. 

Sec. 230. National Guard participation in microreactor testing and evaluation. 

Sec. 231. Pilot program on the use of private sector partnerships to promote technology transition. 

Sec. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense. 

Sec. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations. 

Sec. 234. Limitation on development of prototypes for the Optionally Manned 

Fighting Vehicle pending requirements analysis. 

Sec. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity. 

Sec. 236. Limitation on availability of funds for certain C–130 aircraft. 

Sec. 237. Limitation on availability of funds for VC–25B aircraft program pending 

submission of documentation. 

Sec. 238. Limitation on availability of funds for the High Accuracy Detection and 

Exploitation System. 

Subtitle C—Plans, Reports, and Other Matters 

Sec. 241. Modification to annual report of the Director of Operational Test and 

Evaluation. 

Sec. 242. Adaptive engine transition program acquisition strategy for the F–35A 

aircraft. 

Sec. 243. Acquisition strategy for an advanced propulsion system for F–35B and F– 

35C aircraft. 

Sec. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory. 

Sec. 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories. 

Sec. 246. Report on autonomy integration in major weapon systems. 

Sec. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense. 

Subtitle A—Authorization of 

Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2022 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in 

section 4201. 

Subtitle B—Program Requirements, 

Restrictions, and Limitations 

SEC. 211. CODIFICATION OF NATIONAL DEFENSE SCIENCE AND TECHNOLOGY STRATEGY. 

(a) IN GENERAL.—Chapter 2 of title 10, United States Code, 

as amended by section 1081 of this Act, is further amended by 

inserting before section 119, the following new section: 

‘‘§ 118c. National Defense Science and Technology Strategy 

‘‘(a) IN GENERAL.—The Secretary of Defense shall develop a 

strategy— 

‘‘(1) to articulate the science and technology priorities, 

goals, and investments of the Department of Defense; 

10 USC 118c. 


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135 STAT. 1586 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(2) to make recommendations on the future of the defense 

research and engineering enterprise and its continued success 

in an era of strategic competition; and 

‘‘(3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging 

capabilities and technologies. 

‘‘(b) ELEMENTS.—The strategy required under subsection (a) 

shall— 

‘‘(1) inform the development of each National Defense 

Strategy under section 113(g) of this title and be aligned with 

Government-wide strategic science and technology priorities, 

including the defense budget priorities of the Office of Science 

and Technology Policy of the President; 

‘‘(2) link the priorities, goals, and investments in subsection 

(a)(1) with needed critical enablers to specific programs, or 

broader portfolios, including— 

‘‘(A) personnel and workforce capabilities; 

‘‘(B) facilities for research and test infrastructure; 

‘‘(C) relationships with academia, the acquisition 

community, the operational community, the defense 

industry, and the commercial sector; and 

‘‘(D) funding, investments, personnel, facilities, and 

relationships with other departments and agencies of the 

Federal Government outside the Department of Defense 

without which defense capabilities would be severely 

degraded; 

‘‘(3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities 

of the defense research and engineering enterprise; 

‘‘(4) include recommendations for changes in authorities, 

regulations, policies, or any other relevant areas, that would 

support the achievement of the goals set forth in the strategy; 

‘‘(5) identify mechanisms that may be used to identify 

critical capabilities and technological applications required to 

address operational challenges outlined in the National Defense 

Strategy under section 113(g) of this title; 

‘‘(6) identify processes to inform senior leaders and policy 

makers on the potential impacts of emerging technologies for 

the purpose of shaping the development of policies and regulations; 

‘‘(7) support the efficient integration of capabilities and 

technologies to close near-term, mid-term, and long-term capability gaps; 

‘‘(8) support the development of appropriate investments 

in research and technology development within the Department, and appropriate partnerships with the defense industry 

and commercial industry; and 

‘‘(9) identify mechanisms to provide information on defense 

technology priorities to industry to enable industry to invest 

deliberately in emerging technologies to build and broaden 

the capabilities of the industrial base. 

‘‘(c) COORDINATION.—The Secretary of Defense shall develop 

the strategy under subsection (a) in coordination with relevant 

entities within the Office of the Secretary of Defense, the military 

departments, the research organizations of Defense Agencies and 

Department of Defense Field Activities, the intelligence community, 

Recommendations. 

Recommendations. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1587 

defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners 

of the United States, and other appropriate organizations. 

‘‘(d) CONSIDERATIONS.—In developing the strategy under subsection (a), the Secretary of Defense shall consider— 

‘‘(1) the operational challenges identified in the National 

Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence 

community, and other technology partners; 

‘‘(2) current military requirements and emerging technologies in the defense and commercial sectors; 

‘‘(3) the capabilities of foreign near-peer and peer nations; 

‘‘(4) the need to support the development of a robust trusted 

and assured industrial base to manufacture and sustain the 

technologies and capabilities to meet defense requirements; 

and 

‘‘(5) near-term, mid-term, and long-term technology and 

capability development goals. 

‘‘(e) REPORTS.— 

‘‘(1) SUBSEQUENT REPORTS AND UPDATES.—Not later than 

February 1 of the year following each fiscal year in which 

the National Defense Strategy is submitted under section 113(g) 

of this title, the Secretary of Defense shall submit to the 

congressional defense committees a report that includes an 

updated version of the strategy under subsection (a). Each 

update to such strategy shall be prepared for purposes of such 

report based on emerging requirements, technological developments in the United States, and technical intelligence derived 

from global technology reviews conducted by the Secretary of 

Defense. 

‘‘(2) FORM OF REPORTS.—The reports submitted under paragraph (1) may be submitted in a form determined appropriate 

by the Secretary of Defense, which may include classified, 

unclassified, and publicly releasable formats, as appropriate. 

‘‘(f) BRIEFING.—Not later than 90 days after the date on which 

the strategy under subsection (a) is completed, the Secretary of 

Defense shall provide to the Committees on Armed Services of 

the Senate and the House of Representatives a briefing on the 

implementation plan for the strategy. 

‘‘(g) DESIGNATION.—The strategy developed under subsection 

(a) shall be known as the ‘National Defense Science and Technology 

Strategy’.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting before the item 

relating to section 119 the following new item: 

‘‘118c. National Defense Science and Technology Strategy.’’. 

(c) CONFORMING REPEAL.—Section 218 of the John S. McCain 

National Defense Authorization Act for Fiscal Year 2019 (Public 

Law 115–232; 132 Stat. 1679) is repealed. 

(d) CONFORMING AMENDMENT.—Section 2358b(c)(2)(B)(ii) of title 

10, United States Code, is amended by striking ‘‘section 218 of 

the John S. McCain National Defense Authorization Act for Fiscal 

Year 2019 (Public Law 115–232; 132 Stat. 1679)’’ and inserting 

‘‘section 118c of this title’’. 

10 USC 111 prec. 

Deadline. 


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135 STAT. 1588 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 212. CODIFICATION OF DIRECT HIRE AUTHORITY AT PERSONNEL 

DEMONSTRATION LABORATORIES FOR ADVANCED 

DEGREE HOLDERS. 

(a) IN GENERAL.—Section 2358a of title 10, United States Code, 

is amended— 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) DIRECT HIRE AUTHORITY AT PERSONNEL DEMONSTRATION

LABORATORIES FOR ADVANCED DEGREE HOLDERS.— 

‘‘(1) AUTHORITY.—The Secretary of Defense may appoint 

qualified candidates possessing an advanced degree to positions 

described in paragraph (2) without regard to the provisions 

of subchapter I of chapter 33 of title 5, other than sections 

3303 and 3328 of such title. 

‘‘(2) APPLICABILITY.—This subsection applies with respect 

to candidates for scientific and engineering positions within 

any laboratory designated by section 4121(b) of this title as 

a Department of Defense science and technology reinvention 

laboratory. 

‘‘(3) LIMITATION.—(A) Authority under this subsection may 

not, in any calendar year and with respect to any laboratory, 

be exercised with respect to a number of candidates greater 

than the number equal to 5 percent of the total number of 

scientific and engineering positions within such laboratory that 

are filled as of the close of the fiscal year last ending before 

the start of such calendar year. 

‘‘(B) For purposes of this paragraph, positions and candidates shall be counted on a full-time equivalent basis.’’. 

(b) REPEAL.—Section 1108 of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417; 122 Stat. 4618 ) is hereby repealed. 

(c) CONFORMING AMENDMENTS.— 

(1) Section 255(b)(5)(B) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 

2223a note) is amended by striking ‘‘in section 2358a(f)(3) of’’ 

and inserting ‘‘in section 2358a(g) of’’. 

(2) Section 223(d)(3)(C) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 

2358 note) is amended by striking ‘‘in section 2358a(f) of’’ 

and inserting ‘‘in section 2358a(g) of’’. 

(3) Section 249(g)(1)(C) of the William M. (Mac) Thornberry 

National Defense Authorization Act for Fiscal Year 2021 (Public 

Law 116–283) is amended by striking ‘‘in section 2358a(f)(3) 

of’’ and inserting ‘‘in section 2358a(g) of’’. 

SEC. 213. DUTIES AND REGIONAL ACTIVITIES OF THE DEFENSE 

INNOVATION UNIT. 

(a) DUTIES OF DIU JOINT RESERVE DETACHMENT.—Clause (ii) 

of section 2358b(c)(2)(B) of title 10, United States Code, is amended 

to read as follows: 

‘‘(ii) the technology requirements of the Department of Defense, as identified in the most recent— 

‘‘(I) National Defense Strategy; 

‘‘(II) National Defense Science and Technology 

Strategy as directed under section 218 of the John 

S. McCain National Defense Authorization Act for 

10 USC 4001 

note. 

10 USC 1580 

note prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1589 

Fiscal Year 2019 (Public Law 115–232; 132 Stat. 

1679); and 

‘‘(III) relevant policy and guidance from the 

Secretary of Defense; and’’. 

(b) REGIONAL ACTIVITIES.—Subject to the availability of appropriations for such purpose, the Secretary of Defense may expand 

the efforts of the Defense Innovation Unit to engage and collaborate 

with private-sector industry and communities in various regions 

of the United States— 

(1) to accelerate the adoption of commercially developed 

advanced technology in modernization priority areas and such 

other key technology areas as may be identified by the Secretary; and 

(2) to expand outreach to communities that do not otherwise have a Defense Innovation Unit presence, including 

economically disadvantaged communities. 

SEC. 214. CODIFICATION OF REQUIREMENT FOR DEFENSE ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE 

RESEARCH. 

(a) IN GENERAL.—Chapter 301 of title 10, United States Code, 

as added by section 1841 of the William M. (Mac) Thornberry 

National Defense Authorization Act for Fiscal Year 2021 (Public 

Law 116–283) and amended by this Act, is further amended by 

inserting after section 4007 the following new section: 

‘‘§ 4010. Defense Established Program to Stimulate Competitive Research 

‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense, acting 

through the Under Secretary of Defense for Research and 

Engineering, shall carry out a Defense Established Program to 

Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. 

‘‘(b) PROGRAM OBJECTIVES.—The objectives of the program are 

as follows: 

‘‘(1) To increase the number of university researchers in 

eligible States capable of performing science and engineering 

research responsive to the needs of the Department of Defense. 

‘‘(2) To enhance the capabilities of institutions of higher 

education in eligible States to develop, plan, and execute science 

and engineering research that is relevant to the mission of 

the Department of Defense and competitive under the peerreview systems used for awarding Federal research assistance. 

‘‘(3) To increase the probability of long-term growth in 

the competitively awarded financial assistance that institutions 

of higher education in eligible States receive from the Federal 

Government for science and engineering research. 

‘‘(c) PROGRAM ACTIVITIES.—In order to achieve the program 

objectives, the following activities are authorized under the program: 

‘‘(1) Competitive award of grants for research and 

instrumentation to support such research. 

‘‘(2) Competitive award of financial assistance for graduate 

students. 

‘‘(3) To provide assistance to science and engineering 

researchers at institutions of higher education in eligible States 

Grants. 

10 USC 4010. 

10 USC 4061 

note. 


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135 STAT. 1590 PUBLIC LAW 117–81—DEC. 27, 2021 

through collaboration between Department of Defense laboratories and such researchers. 

‘‘(4) Any other activities that are determined necessary 

to further the achievement of the objectives of the program. 

‘‘(d) ELIGIBLE STATES.—(1) The Under Secretary of Defense 

for Research and Engineering shall designate which States are 

eligible States for the purposes of this section. 

‘‘(2) The Under Secretary shall designate a State as an eligible 

State if, as determined by the Under Secretary— 

‘‘(A) the average annual amount of all Department of 

Defense obligations for science and engineering research and 

development that were in effect with institutions of higher 

education in the State for the three fiscal years preceding 

the fiscal year for which the designation is effective or for 

the last three fiscal years for which statistics are available 

is less than the amount determined by multiplying 60 percent 

times the amount equal to 1/50 of the total average annual 

amount of all Department of Defense obligations for science 

and engineering research and development that were in effect 

with institutions of higher education in the United States for 

such three preceding or last fiscal years, as the case may 

be; and 

‘‘(B) the State has demonstrated a commitment to developing research bases in the State and to improving science 

and engineering research and education programs in areas 

relevant to the mission of the Department of Defense at institutions of higher education in the State. 

‘‘(3) The Under Secretary shall not remove a designation of 

a State under paragraph (2) because the State exceeds the funding 

levels specified under subparagraph (A) of such paragraph unless 

the State has exceeded such funding levels for at least two consecutive years. 

‘‘(e) COORDINATION WITH SIMILAR FEDERAL PROGRAMS.—(1) The 

Secretary may consult with the Director of the National Science 

Foundation and the Director of the Office of Science and Technology 

Policy in the planning, development, and execution of the program 

and may coordinate the program with the Established Program 

to Stimulate Competitive Research conducted by the National 

Science Foundation and with similar programs sponsored by other 

departments and agencies of the Federal Government. 

‘‘(2) All solicitations under the Defense Established Program 

to Stimulate Competitive Research may be made to, and all awards 

may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive 

Research conducted by the National Science Foundation. 

‘‘(3) A State committee referred to in paragraph (2) shall ensure 

that activities carried out in the State of that committee under 

the Defense Established Program to Stimulate Competitive 

Research are relevant to the mission of the Department of Defense 

and coordinated with the activities carried out in the State under 

other similar initiatives of the Federal Government to stimulate 

competitive research. 

‘‘(f) STATE DEFINED.—In this section, the term ‘State’ means 

a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, 

and the Commonwealth of the Northern Mariana Islands.’’. 

Consultation. 

Time period. 

Time periods. 

Designation. 

Determination. 

Designation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1591 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 301 of such title, as added by section 1841 of 

the William M. (Mac) Thornberry National Defense Authorization 

Act for Fiscal Year 2021 (Public Law 116–283) and amended by 

this Act, is further amended by striking the item relating to section 

4010 and inserting the following new item: 

‘‘4010. Defense Established Program to Stimulate Competitive Research.’’. 

(c) CONFORMING REPEALS.—(1) Section 307 of title I of the 

1997 Emergency Supplemental Appropriations Act for Recovery 

from Natural Disasters, and for Overseas Peacekeeping Efforts, 

Including Those in Bosnia (Public Law 105–18; 10 U.S.C. 2358 

note) is repealed. 

(2) Section 257 of title II of division A of the National Defense 

Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 

U.S.C. 2358 note) is repealed. 

(d) EFFECTIVE DATE.—This section and the amendments and 

repeals made by this section shall take effect immediately after 

the effective date of the amendments made by title XVIII of the 

William M. (Mac) Thornberry National Defense Authorization Act 

for Fiscal Year 2021 (Public Law 116–283). 

SEC. 215. CODIFICATION OF AUTHORITIES RELATING TO DEPARTMENT 

OF DEFENSE SCIENCE AND TECHNOLOGY REINVENTION 

LABORATORIES. 

(a) IN GENERAL.—Subchapter III of chapter 303 of title 10, 

United States Code, as added by section 1842 of the William M. 

(Mac) Thornberry National Defense Authorization Act for Fiscal 

Year 2021 (Public Law 116–283), is amended by inserting after 

the heading for subchapter III the following new section: 

‘‘§ 4121. Science and technology reinvention laboratories: 

authority and designation 

‘‘(a) IN GENERAL.—(1) The Secretary of Defense may carry 

out personnel demonstration projects at Department of Defense 

laboratories designated by the Secretary as Department of Defense 

science and technology reinvention laboratories. 

‘‘(2)(A) Each personnel demonstration project carried out under 

the authority of paragraph (1) shall be generally similar in nature 

to the China Lake demonstration project. 

‘‘(B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized 

by section 6 of the Civil Service Miscellaneous Amendments Act 

of 1983 (Public Law 98–224) to be continued at the Naval Weapons 

Center, China Lake, California, and at the Naval Ocean Systems 

Center, San Diego, California. 

‘‘(3) If the Secretary carries out a demonstration project at 

a laboratory pursuant to paragraph (1), section 4703 of title 5 

shall apply to the demonstration project, except that— 

‘‘(A) subsection (d) of such section 4703 shall not apply 

to the demonstration project; 

‘‘(B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) 

rather than the authority which is provided in such section 

4703; and 

‘‘(C) the Secretary shall exercise the authorities granted 

to the Office of Personnel Management under such section 

4703 through the Under Secretary of Defense for Research 

Applicability. 

California. 

10 USC 4121. 

10 USC 4010 

note. 

10 USC 4001 

prec. 


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135 STAT. 1592 PUBLIC LAW 117–81—DEC. 27, 2021 

and Engineering (who shall place an emphasis in the exercise 

of such authorities on enhancing efficient operations of the 

laboratory and who may, in exercising such authorities, request 

administrative support from science and technology reinvention 

laboratories to review, research, and adjudicate personnel demonstration project proposals). 

‘‘(4) The employees of a laboratory covered by a personnel 

demonstration project carried out under this section shall be exempt 

from, and may not be counted for the purposes of, any constraint 

or limitation in a statute or regulation in terms of supervisory 

ratios or maximum number of employees in any specific category 

or categories of employment that may otherwise be applicable to 

the employees. The employees shall be managed by the director 

of the laboratory subject to the supervision of the Under Secretary 

of Defense for Research and Engineering. 

‘‘(5) The limitations in section 5373 of title 5 do not apply 

to the authority of the Secretary under this subsection to prescribe 

salary schedules and other related benefits. 

‘‘(b) DESIGNATION OF LABORATORIES.—Each of the following 

is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a): 

‘‘(1) The Air Force Research Laboratory. 

‘‘(2) The Joint Warfare Analysis Center. 

‘‘(3) The Army Research Institute for the Behavioral and 

Social Sciences. 

‘‘(4) The Combat Capabilities Development Command 

Armaments Center. 

‘‘(5) The Combat Capabilities Development Command Army 

Research Laboratory. 

‘‘(6) The Combat Capabilities Development Command Aviation and Missile Center. 

‘‘(7) The Combat Capabilities Development Command 

Chemical Biological Center. 

‘‘(8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. 

‘‘(9) The Combat Capabilities Development Command 

Ground Vehicle Systems Center. 

‘‘(10) The Combat Capabilities Development Command Soldier Center. 

‘‘(11) The Engineer Research and Development Center. 

‘‘(12) The Medical Research and Development Command. 

‘‘(13) The Technical Center, US Army Space and Missile 

Defense Command. 

‘‘(14) The Naval Air Systems Command Warfare Centers. 

‘‘(15) The Naval Facilities Engineering Command 

Engineering and Expeditionary Warfare Center. 

‘‘(16) The Naval Information Warfare Centers, Atlantic and 

Pacific. 

‘‘(17) The Naval Medical Research Center. 

‘‘(18) The Naval Research Laboratory. 

‘‘(19) The Naval Sea Systems Command Warfare Centers. 

‘‘(20) The Office of Naval Research. 

‘‘(c) CONVERSION PROCEDURES.—The Secretary of Defense shall 

implement procedures to convert the civilian personnel of each 

Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1593 

under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection— 

‘‘(1) shall not adversely affect any employee with respect 

to pay or any other term or condition of employment; 

‘‘(2) shall be consistent with section 4703(f) of title 5; 

‘‘(3) shall be completed within 18 months after designation; 

and 

‘‘(4) shall not apply to prevailing rate employees (as defined 

by section 5342(a)(2) of title 5) or senior executives (as defined 

by section 3132(a)(3) of such title). 

‘‘(d) LIMITATION.—The science and technology reinvention laboratories, as so designated by subsection (a), may not implement 

any personnel system, other than a personnel system under an 

appropriate demonstration project (as referred to subsection (a)), 

without prior congressional authorization.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 303 of such title, as added by section 1842 of 

the William M. (Mac) Thornberry National Defense Authorization 

Act for Fiscal Year 2021 (Public Law 116–283), is amended by 

striking the item relating to section 4121 and inserting the following: 

‘‘4121. Science and technology reinvention laboratories: authority and designation.’’. 

(c) CONFORMING REPEALS.—(1) Section 1105 of the National 

Defense Authorization Act For Fiscal Year 2010 (Public Law 111– 

84; 10 U.S.C. 2358 note) is hereby repealed. 

(2) Subsection (b) of section 342 of the National Defense 

Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 

U.S.C. 2358 note) is hereby repealed. 

(d) CONFORMING AMENDMENTS.—(1) Section 1601(f) of the 

National Defense Authorization Act for Fiscal Year 2004 (Public 

Law 108–136; 10 U.S.C. 2358 note) is amended by striking ‘‘section 

342 of the National Defense Authorization Act for Fiscal Year 

1995 (Public Law 103–337; 108 Stat. 2721)’’ and inserting ‘‘section 

4121(a) of title 10, United States Code’’. 

(2) Section 1107 of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2358 note) 

is amended— 

(A) by amending subsection (a) to read as follows: 

‘‘(e) REQUIREMENT.—The Secretary of Defense shall take all 

necessary actions to fully implement and use the authorities provided to the Secretary under subsection (a) of section 4121 of 

title 10, United States Code, to carry out personnel management 

demonstration projects at Department of Defense laboratories designated by subsection (b) of such section as Department of Defense 

science and technology reinvention laboratories.’’; 

(B) in subsection (c), by striking ‘‘designated by section 

1105(a) of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 2486)’’ and inserting 

‘‘designated by section 4121(b) of title 10, United States Code’’; 

and 

(C) in subsection (e)(3), by striking ‘‘section 342(b) of the 

National Defense Authorization Act for Fiscal Year 1995 (as 

cited in subsection (a))’’ and inserting ‘‘section 4121(a) of title 

10, United States Code’’. 

(3) Section 1109(c) of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2358 note) 

is amended by striking ‘‘specified in section 1105(a) of the National 

10 USC 4121 

note. 

10 USC 4061 

prec. 

Deadline. 


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135 STAT. 1594 PUBLIC LAW 117–81—DEC. 27, 2021 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 123 Stat. 2486; 10 U.S.C. 2358 note)’’ and inserting ‘‘designated 

under section 4121(b) of title 10, United States Code’’. 

(4) Section 2803(a)(1) of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2358 

note) is amended by striking ‘‘(as designated by section 1105(a) 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 10 U.S.C. 2358 note)’’ and inserting ‘‘(as designated under section 4121(b) of title 10, United States Code)’’. 

(5) Section 1108(b) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 

U.S.C. 1580 note prec.) is amended by striking ‘‘section 1105(a) 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2486; 10 U.S.C. 2358 note)’’ and 

inserting ‘‘section 4121(b) of title 10, United States Code’’. 

(6) Section 211(g) of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) 

is amended by striking ‘‘under section 1105 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 

U.S.C. 2358 note), as amended’’ and inserting ‘‘under section 

4121(b)of title 10, United States Code’’. 

(7) Section 233(a)(2)(A) of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 

note) is amended by striking ‘‘as specified in section 1105(a) of 

the National Defense Authorization Act for Fiscal Year 2010 (10 

U.S.C. 2358 note)’’ and inserting ‘‘as designated under section 

4121(b) of title 10, United States Code’’. 

(8) Section 223(d)(3)(B) of the National Defense Authorization 

Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2358 

note) is amended by striking ‘‘under section 1105 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 10 U.S.C. 2358 note)’’ and inserting ‘‘under section 4121(b) 

of title 10, United States Code’’. 

(9) Section 252(e)(1) of the National Defense Authorization 

Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2358 

note) is amended by striking ‘‘under section 1105 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 10 U.S.C. 2358 note)’’ and inserting ‘‘under section 4121(b) 

of title 10, United States Code’’. 

(10) Section 255(b)(5)(A) of the National Defense Authorization 

Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 223a 

note) is amended by striking ‘‘(as designated under section 1105 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 10 U.S.C. 2358 note))’’ and inserting ‘‘(as 

designated under section 4121(b) of title 10, United States Code)’’. 

(11) Section 249 of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended— 

(A) in subsection (e)(1)(A), by striking ‘‘under section 2358a 

of title 10, United States Code’’ and inserting ‘‘under section 

4121(b) of title 10, United States Code’’; and 

(B) in subsection (g)(1)(B) by striking ‘‘under section 1105 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 10 U.S.C. 2358 note)’’ and inserting ‘‘under 

section 4121(b) of title 10, United States Code’’. 

(12) Section 2124(h)(3) of title 10, United States Code, as 

redesignated by section 1843(b)(1) of the William M. (Mac) 

10 USC 4001 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1595 

Thornberry National Defense Authorization Act for Fiscal Year 

2021 (Public Law 116–283), is amended by striking ‘‘designated 

under section 1105 of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note)’’ and 

inserting ‘‘designated under section 4121(b) of this title’’. 

(13) Section 4091 of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry 

National Defense Authorization Act for Fiscal Year 2021 (Public 

Law 116–283), is amended— 

(A) in subsection (b), by striking ‘‘designated by section 

1105(a) of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note)’’ both 

places it appears and inserting ‘‘designated by section 4121(b) 

of this title’’; and 

(B) in subsection (d)(2), by striking ‘‘pursuant to section 

342(b) of the National Defense Authorization Act for Fiscal 

Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note)’’ both 

places it appears and inserting ‘‘pursuant to section 4121(a) 

of this title’’. 

(14) Section 4094(f) of title 10, United States Code, as transferred and redesignated by this Act, is amended by striking ‘‘by 

section 1105(a) of the National Defense Authorization Act for Fiscal 

Year 2010 (10 U.S.C. 2358 note)’’ and inserting ‘‘by section 4121(b) 

of this title’’. 

(e) EFFECTIVE DATE.—This section and the amendments and 

repeals made by this section shall take effect immediately after 

the effective date of the amendments made by title XVIII of the 

William M. (Mac) Thornberry National Defense Authorization Act 

for Fiscal Year 2021 (Public Law 116–283). 

SEC. 216. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON 

EMERGING TECHNOLOGY AND NATIONAL SECURITY 

THREATS. 

Section 236 of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283), is amended— 

(1) in subsection (a), by striking ‘‘may’’ and inserting ‘‘and 

the Director of National Intelligence may jointly’’; 

(2) in subsection (b), by— 

(A) by striking paragraphs (3) through (8); and 

(B) by inserting after paragraph (2) the following: 

‘‘(3) The Principal Deputy Director of National Intelligence. 

‘‘(4) Such other officials of the Department of Defense and 

intelligence community as the Secretary of Defense and the 

Director of National Intelligence jointly determine appropriate.’’; 

(3) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; 

(4) by inserting after subsection (b) the following: 

‘‘(c) LEADERSHIP.—The Steering Committee shall be chaired 

by the Deputy Secretary of Defense, the Vice Chairman of the 

Joint Chiefs of Staff, and the Principal Deputy Director of National 

Intelligence jointly.’’; 

(5) in subsection (d), as redesignated by paragraph (3)— 

(A) in paragraph (1)— 

(i) by striking ‘‘a strategy’’ and inserting ‘‘strategies’’; 

10 USC 4001 

note. 

10 USC 4091 

note. 

10 USC 4124. 


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135 STAT. 1596 PUBLIC LAW 117–81—DEC. 27, 2021 

(ii) by inserting ‘‘and intelligence community’’ after 

‘‘United States military’’; and 

(iii) by inserting ‘‘and National Intelligence 

Strategy, and consistent with the National Security 

Strategy’’ after ‘‘National Defense Strategy’’; 

(B) in paragraph (3)— 

(i) in the matter before subparagraph (A), by 

inserting ‘‘and the Director of National Intelligence’’ 

after ‘‘the Secretary of Defense’’; 

(ii) in subparagraph (A), by striking ‘‘strategy’’ and 

inserting ‘‘strategies’’; 

(iii) in subparagraph (D), by striking ‘‘; and’’ and 

inserting a semicolon; 

(iv) by redesignating subparagraph (E) as subparagraph (F); and 

(v) by inserting after subparagraph (D) the following: 

‘‘(E) any changes to the guidance for developing the 

National Intelligence Program budget required by section 

102A(c)(1)(A) of the National Security Act of 1947 (50 

U.S.C. 3024(c)(1)(A)), that may be required to implement 

the strategies under paragraph (1); and’’; and 

(vi) in subparagraph (F), as redesignated by clause 

(iv), by inserting ‘‘and the intelligence community’’ 

after ‘‘Department of Defense’’; and 

(C) in paragraph (4), by inserting ‘‘and Director of 

National Intelligence, jointly’’ after ‘‘Secretary of Defense’’; 

(6) by amending subsection (e), as redesignated by paragraph (3), to read as follows: 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘emerging technology’ means technology 

jointly determined to be in an emerging phase of development 

by the Secretary of Defense and the Director of National Intelligence, including quantum information science and technology, 

data analytics, artificial intelligence, autonomous technology, 

advanced materials, software, high performance computing, 

robotics, directed energy, hypersonics, biotechnology, medical 

technologies, and such other technology as may be jointly identified by the Secretary and the Director. 

‘‘(2) The term ‘intelligence community’ has the meaning 

given such term in section 3 of the National Security Act 

of 1947 (50 U.S.C. 3003).’’; and 

(7) in subsection (f), as redesignated by paragraph (3), 

by striking ‘‘October 1, 2024’’ and inserting ‘‘October 1, 2025’’. 

SEC. 217. IMPROVEMENTS RELATING TO NATIONAL NETWORK FOR 

MICROELECTRONICS RESEARCH AND DEVELOPMENT. 

Section 9903(b) of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended— 

(1) in paragraph (1), in the matter preceding subparagraph 

(A), by striking ‘‘may’’ and inserting ‘‘shall’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) SELECTION OF ENTITIES.— 

‘‘(A) IN GENERAL.—In carrying out paragraph (1), the 

Secretary shall, through a competitive process, select two 

or more entities to carry out the activities described in 

15 USC 4653. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1597 

paragraph (2) as part of the network established under 

paragraph (1). 

‘‘(B) GEOGRAPHIC DIVERSITY.—The Secretary shall, to 

the extent practicable, ensure that the entities selected 

under subparagraph (A) collectively represent the 

geographic diversity of the United States.’’. 

SEC. 218. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS 

TO TECHNICAL TALENT AND EXPERTISE AT ACADEMIC 

INSTITUTIONS TO SUPPORT DEPARTMENT OF DEFENSE 

MISSIONS. 

Section 217 of the National Defense Authorization Act for Fiscal 

Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended— 

(1) by amending subsection (c) to read as follows: 

‘‘(c) CONSULTATION WITH OTHER ORGANIZATIONS.—For the purposes of providing technical expertise and reducing costs and 

duplicative efforts, the Secretary of Defense and the Secretaries 

of the military departments shall work to ensure and support 

the sharing of information on the research and consulting that 

is being carried out across the Federal Government in Departmentwide shared information systems including the Defense Technical 

Information Center.’’; 

(2) in subsection (e)— 

(A) by redesignating paragraph (31) as paragraph (36); 

and 

(B) by inserting after paragraph (30) the following 

new paragraphs: 

‘‘(31) Nuclear science, security, and nonproliferation. 

‘‘(32) Chemical, biological, radiological, and nuclear defense. 

‘‘(33) Spectrum activities. 

‘‘(34) Research security and integrity. 

‘‘(35) Printed circuit boards.’’; and 

(3) in subsection (g), by striking ‘‘2026’’ and inserting 

‘‘2028’’. 

SEC. 219. TECHNICAL CORRECTION TO PILOT PROGRAM FOR THE 

ENHANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST, 

AND EVALUATION CENTERS OF THE DEPARTMENT OF 

DEFENSE. 

Section 233(c)(2)(B) of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) 

is amended by striking ‘‘Chief Management Officer’’ and inserting 

‘‘Deputy Secretary of Defense or a designee of the Deputy Secretary’’. 

SEC. 220. DEFENSE RESEARCH AND ENGINEERING ACTIVITIES AT 

MINORITY INSTITUTIONS. 

(a) PLAN TO PROMOTE DEFENSE RESEARCH AT MINORITY

INSTITUTES.— 

(1) IN GENERAL.—The Secretary of Defense shall develop 

a plan to promote defense-related engineering, research, and 

development activities at minority institutions for the purpose 

of elevating the capacity of such institutions in those areas. 

(2) ELEMENTS.—The plan under paragraph (1) shall include 

the following: 

(A) An assessment of the engineering, research, and 

development capabilities of minority institutions, including 

Assessments. 


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135 STAT. 1598 PUBLIC LAW 117–81—DEC. 27, 2021 

an assessment of the workforce and physical research infrastructure of such institutions. 

(B) An assessment of the ability of minority institutions— 

(i) to participate in defense-related engineering, 

research, and development activities; and 

(ii) to effectively compete for defense-related 

engineering, research, and development contracts. 

(C) An assessment of the activities and investments 

necessary— 

(i) to elevate minority institutions or a consortium 

of minority institutions (including historically black 

colleges and universities) to R1 status on the Carnegie 

Classification of Institutions of Higher Education; 

(ii) to increase the participation of minority institutions in defense-related engineering, research, and 

development activities; and 

(iii) to increase the ability of such institutions 

ability to effectively compete for defense-related 

engineering, research, and development contracts. 

(D) Recommendations identifying actions that may be 

taken by the Secretary, Congress, minority institutions, 

and other organizations to increase the participation of 

minority institutions in defense-related engineering, 

research, and development activities and contracts. 

(E) The specific goals, incentives, and metrics developed by the Secretary under subparagraph (D) to increase 

and measure the capacity of minority institutions to 

address the engineering, research, and development needs 

of the Department. 

(3) CONSULTATION.—In developing the plan under paragraph (1), the Secretary of Defense shall consult with such 

other public and private sector organizations as the Secretary 

determines appropriate. 

(4) REPORT.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall— 

(A) submit to the congressional defense committees 

a report that includes the plan developed under paragraph 

(1); and 

(B) make the plan available on a publicly accessible 

website of the Department of Defense. 

(b) ACTIVITIES TO SUPPORT THE RESEARCH AND ENGINEERING

CAPACITY OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES

AND MINORITY INSTITUTIONS.— 

(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, 

and to perform other appropriate activities for the purposes 

described in paragraph (2). 

(2) PURPOSES.—The purposes described in this paragraph 

are the following: 

(A) Developing the capability, including workforce and 

research infrastructure, for minority institutions to more 

effectively compete for Federal engineering, research, and 

development funding opportunities. 

(B) Improving the capability of such institutions to 

recruit and retain research faculty, and to participate in 

Contracts. 

Grants. 

10 USC 4144 

note. 

Public 

information. 

Web posting. 

Determination. 

Recommendations. 


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appropriate personnel exchange programs and educational 

and career development activities. 

(C) Any other purposes the Secretary determines 

appropriate for enhancing the defense-related engineering, 

research, and development capabilities of minority institutions. 

(c) INCREASING PARTNERSHIPS FOR MINORITY INSTITUTIONS

WITH NATIONAL SECURITY RESEARCH AND ENGINEERING ORGANIZATIONS.—Section 2362 of title 10, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘Assistant Secretary’’ each 

place it appears and inserting ‘‘Under Secretary’’; and 

(2) in subsection (d)— 

(A) by striking ‘‘The Secretary of Defense may’’ and 

inserting the following: 

‘‘(1) The Secretary of Defense may’’; and 

(B) by adding at the end the following paragraph: 

‘‘(2) The Secretary of Defense shall establish goals and 

incentives to encourage federally funded research and development centers, science and technology reinvention laboratories, 

and University Affiliated Research Centers funded by the 

Department of Defense— 

‘‘(A) to assess the capacity of covered educational 

institutions to address the research and development needs 

of the Department through partnerships and collaborations; 

and 

‘‘(B) if appropriate, to enter into partnerships and 

collaborations with such institutions.’’. 

(d) MINORITY INSTITUTION DEFINED.—In this section, the term 

‘‘minority institution’’ means a covered educational institution (as 

defined in section 2362 of title 10, United States Code). 

SEC. 221. TEST PROGRAM FOR ENGINEERING PLANT OF DDG(X) 

DESTROYER VESSELS. 

(a) TEST PROGRAM REQUIRED.—During the detailed design 

period and prior to the construction start date of the lead ship 

in the DDG(X) destroyer class of vessels, the Secretary of the 

Navy shall commence a land-based test program for the engineering 

plant of such class of vessels. 

(b) ADMINISTRATION.—The test program required by subsection 

(a) shall be administered by the Senior Technical Authority for 

the DDG(X) destroyer class of vessels. 

(c) ELEMENTS.—The test program required by subsection (a) 

shall include, at a minimum, testing of the following equipment 

in vessel-representative form: 

(1) Electrical propulsion motor. 

(2) Other propulsion drive train components. 

(3) Main propulsion system. 

(4) Electrical generation and distribution systems. 

(5) Machinery control systems. 

(6) Power control modules. 

(d) TEST OBJECTIVES.—The test program required by subsection 

(a) shall include, at a minimum, the following test objectives demonstrated across the full range of engineering plant operations 

for the DDG(X) destroyer class of vessels: 

(1) Test of a single shipboard representative propulsion 

drive train. 

10 USC 4144 

note. 

Assessment. 


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(2) Test and facilitation of machinery control systems 

integration. 

(3) Simulation of the full range of electrical demands to 

enable the investigation of load dynamics between the hull, 

mechanical and electrical equipment, the combat system, and 

auxiliary equipment. 

(e) COMPLETION DATE.—The Secretary of the Navy shall complete the test program required by subsection (a) by not later 

than the delivery date of the lead ship in the DDG(X) destroyer 

class of vessels. 

(f) DEFINITIONS.—In this section: 

(1) DELIVERY DATE.—The term ‘‘delivery date’’ has the 

meaning given that term in section 8671 of title 10, United 

States Code. 

(2) SENIOR TECHNICAL AUTHORITY.—The term ‘‘Senior Technical Authority’’ means the official designated as the Senior 

Technical Authority for the DDG(X) destroyer class of vessels 

pursuant to section 8669b of title 10, United States Code. 

SEC. 222. CONSORTIUM TO STUDY IRREGULAR WARFARE. 

(a) ESTABLISHMENT.—The Secretary of Defense may establish 

a research consortium of institutions of higher education to study 

irregular warfare and the responses to irregular threats. 

(b) PURPOSES.—The purposes of the consortium under subsection (a) are as follows: 

(1) To shape the formulation and application of policy 

through the conduct of research and analysis regarding irregular warfare. 

(2) To maintain open-source databases on issues relevant 

to understanding terrorism, irregular threats, and social and 

environmental change. 

(3) To serve as a repository for datasets regarding research 

on security, social change, and irregular threats developed by 

institutions of higher education that receive Federal funding. 

(4) To support basic research in social science on emerging 

threats and stability dynamics relevant to irregular threat 

problem sets. 

(5) To transition promising basic research— 

(A) to higher stages of research and development; and 

(B) into operational capabilities, as appropriate, by 

supporting applied research and developing tools to counter 

irregular threats. 

(6) To facilitate the collaboration of research centers of 

excellence relating to irregular threats to better distribute 

expertise to specific issues and scenarios regarding such 

threats. 

(7) To enhance educational outreach and teaching at professional military education schools to improve— 

(A) the understanding of irregular threats; and 

(B) the integration of data-based responses to such 

threats. 

(8) To support classified research when necessary in appropriately controlled physical spaces. 

(9) To support the work of a Department of Defense Functional Center for Security Studies in Irregular Warfare if such 

Center is established pursuant to section 1299L of the William 

10 USC 342 note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1601 

M. (Mac) Thornberry National Defense Authorization Act for 

Fiscal Year 2021 (Public Law 116–283). 

(10) To carry out such other research initiatives relating 

to irregular warfare and irregular threats as the Secretary 

of Defense determines appropriate. 

(c) PARTNERSHIPS.—If the Secretary of Defense establishes a 

research consortium under subsection (a), the Secretary shall 

encourage partnerships between the consortium and universityaffiliated research centers and other research institutions, as appropriate. 

(d) INSTITUTION OF HIGHER EDUCATION DEFINED.—In this section, the term ‘‘institution of higher education’’ has the meaning 

given that term in section 101 of the Higher Education Act of 

1965 (20 U.S.C. 1001). 

SEC. 223. DEVELOPMENT AND IMPLEMENTATION OF DIGITAL TECHNOLOGIES FOR SURVIVABILITY AND LETHALITY TESTING. 

(a) EXPANSION OF SURVIVABILITY AND LETHALITY TESTING.— 

(1) IN GENERAL.—The Secretary, in coordination with covered officials, shall— 

(A) expand the survivability and lethality testing of 

covered systems to include testing against non-kinetic 

threats; and 

(B) develop digital technologies to test such systems 

against such threats throughout the life cycle of each such 

system. 

(2) DEVELOPMENT OF DIGITAL TECHNOLOGIES FOR LIVE FIRE

TESTING.— 

(A) IN GENERAL.—The Secretary, in coordination with 

covered officials, shall develop— 

(i) digital technologies to enable the modeling and 

simulation of the live fire testing required under section 2366 of title 10, United States Code; and 

(ii) a process to use data from physical live fire 

testing to inform and refine the digital technologies 

described in clause (i). 

(B) OBJECTIVES.—In carrying out subparagraph (A), 

the Secretary shall seek to achieve the following objectives: 

(i) Enable assessments of full spectrum survivability and lethality of each covered system with 

respect to kinetic and non-kinetic threats. 

(ii) Inform the development and refinement of digital technology to test and improve covered systems. 

(iii) Enable survivability and lethality assessments 

of the warfighting capabilities of a covered system 

with respect to— 

(I) communications; 

(II) firepower; 

(III) mobility; 

(IV) catastrophic survivability; and 

(V) lethality. 

(C) DEMONSTRATION ACTIVITIES.— 

(i) IN GENERAL.—The Secretary, acting through the 

Director, shall carry out activities to demonstrate the 

digital technologies for full spectrum survivability 

testing developed under subparagraph (A). 

Assessments. 

Data. 

Coordination. 

Coordination. 

10 USC 4172 

note. 


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(ii) PROGRAM SELECTION.—The Secretary shall 

assess and select not fewer than three and not more 

than ten programs of the Department to participate 

in the demonstration activities required under clause 

(i). 

(iii) ARMED FORCES PROGRAMS.—Of the programs 

selected pursuant to clause (ii), the Director shall 

select— 

(I) at least one such program from the Army; 

(II) at least one such program from the Navy 

or the Marine Corps; and 

(III) at least one such program from the Air 

Force or the Space Force. 

(3) REGULAR SURVIVABILITY AND LETHALITY TESTING

THROUGHOUT LIFE CYCLE.— 

(A) IN GENERAL.—The Secretary, in coordination with 

covered officials, shall— 

(i) develop a process to regularly test through the 

use of digital technologies the survivability and 

lethality of each covered system against kinetic and 

non-kinetic threats throughout the life cycle of such 

system as threats evolve; and 

(ii) establish guidance for such testing. 

(B) ELEMENTS.—In carrying out subparagraph (A), the 

Secretary shall determine the following: 

(i) When to deploy digital technologies to provide 

timely and up-to-date insights with respect to covered 

systems without unduly delaying fielding of capabilities. 

(ii) The situations in which it may be necessary 

to develop and use digital technologies to assess legacy 

fleet vulnerabilities. 

(b) REPORTS AND BRIEFING.— 

(1) ASSESSMENT AND SELECTION OF PROGRAMS.—Not later 

than 180 days after the date of the enactment of this Act, 

the Secretary shall submit to the congressional defense committees a report that identifies the programs selected to participate 

in the demonstration activities under subsection (a)(2)(C). 

(2) MODERNIZATION AND DIGITIZATION REPORT.— 

(A) IN GENERAL.—Not later than March 15, 2023, the 

Director shall submit to the congressional defense committees a report that includes— 

(i) an assessment of the progress of the Secretary 

in carrying out subsection (a); 

(ii) an assessment of each of the demonstration 

activities carried out under subsection (a)(2)(C), 

including a comparison of— 

(I) the risks, benefits, and costs of using digital 

technologies for live fire testing and evaluation; 

and 

(II) the risks, benefits, and costs of traditional 

physical live fire testing approaches that— 

(aa) are not supported by digital technologies; 

(bb) do not include testing against nonkinetic threats; and 

Assessments. 

Determinations. 

Coordination. 

Assessment. 


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(cc) do not include full spectrum survivability; 

(iii) an explanation of— 

(I) how real-world operational and digital 

survivability and lethality testing data will be used 

to inform and enhance digital technology; 

(II) the contribution of such data to the digital 

modernization efforts required under section 836 

of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 

(Public Law 116–283); and 

(III) the contribution of such data to the decision-support processes for managing and overseeing acquisition programs of the Department; 

(iv) an assessment of the ability of the Department 

to perform full spectrum survivability and lethality 

testing of each covered system with respect to kinetic 

and non-kinetic threats; 

(v) an assessment of the processes implemented 

by the Department to manage digital technologies 

developed pursuant to subsection (a); and 

(vi) an assessment of the processes implemented 

by the Department to develop digital technology that 

can perform full spectrum survivability and lethality 

testing with respect to kinetic and non-kinetic threats. 

(B) BRIEFING.—Not later than April 14, 2023, the 

Director shall provide to the congressional defense committees a briefing that identifies any changes to existing law 

that may be necessary to implement subsection (a). 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘covered officials’’ means— 

(A) the Under Secretary of Defense for Research and 

Engineering; 

(B) the Under Secretary of Defense for Acquisition 

and Sustainment; 

(C) the Chief Information Officer; 

(D) the Director; 

(E) the Director of Cost Assessment and Program 

Evaluation; 

(F) the Service Acquisition Executives; 

(G) the Service testing commands; 

(H) the Director of the Defense Digital Service; and 

(I) representatives from— 

(i) the Department of Defense Test Resource 

Management Center; 

(ii) the High Performance Computing Modernization Program Office; and 

(iii) the Joint Technical Coordination Group for 

Munitions Effectiveness. 

(2) The term ‘‘covered system’’ means any warfighting capability that can degrade, disable, deceive, or destroy forces or 

missions. 

(3) The term ‘‘Department’’ means the Department of 

Defense. 

(4) The term ‘‘digital technologies’’ includes digital models, 

digital simulations, and digital twin capabilities that may be 

used to test the survivability and lethality of a covered system. 

Deadline. 


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135 STAT. 1604 PUBLIC LAW 117–81—DEC. 27, 2021 

(5) The term ‘‘Director’’ means the Director of Operational 

Test and Evaluation. 

(6) The term ‘‘full spectrum survivability and lethality 

testing’’ means a series of assessments of the effects of kinetic 

and non-kinetic threats on the communications, firepower, 

mobility, catastrophic survivability, and lethality of a covered 

system. 

(7) The term ‘‘non-kinetic threats’’ means unconventional 

threats, including— 

(A) cyber attacks; 

(B) electromagnetic spectrum operations; 

(C) chemical, biological, radiological, nuclear effects 

and high yield explosives; and 

(D) directed energy weapons. 

(8) The term ‘‘Secretary’’ means the Secretary of Defense. 

SEC. 224. ASSESSMENT AND CORRECTION OF DEFICIENCIES IN THE 

PILOT BREATHING SYSTEMS OF TACTICAL FIGHTER AIRCRAFT. 

(a) TESTING AND EVALUATION REQUIRED.—Beginning not later 

than 120 days after the date of the enactment of this Act, the 

Secretary of Defense, in consultation with the Administrator of 

the National Aeronautics and Space Administration, shall commence operational testing and evaluation of each fleet of tactical 

fighter aircraft (including each type and model variant of aircraft 

within the fleet) that uses the Onboard Oxygen Generating System 

for the pilot breathing system (in this section referred to as the 

‘‘breathing system’’) to— 

(1) determine whether the breathing system complies with 

Military Standard 3050 (MIL–STD–3050), titled ‘‘Aircraft Crew 

Breathing Systems Using On-Board Oxygen Generating System 

(OBOGS)’’; and 

(2) assess the safety and effectiveness of the breathing 

system for all pilots of the aircraft fleet tested. 

(b) REQUIREMENTS.—The following shall apply to the testing 

and evaluation conducted for an aircraft fleet under subsection 

(a): 

(1) The F–35 aircraft fleet shall be the first aircraft fleet 

tested and evaluated, and such testing and evaluation shall 

include F–35A, F–35B, and F–35C aircraft. 

(2) The pilot, aircraft systems, and operational flight 

environment of the aircraft shall not be assessed in isolation 

but shall be tested and evaluated as integrated parts of the 

breathing system. 

(3) The testing and evaluation shall be conducted under 

a broad range of operating conditions, including variable 

weather conditions, low-altitude flight, high-altitude flight, 

during weapons employment, at critical phases of flight such 

as take-off and landing, and in other challenging environments 

and operating flight conditions. 

(4) The testing and evaluation shall assess operational 

flight environments for the pilot that replicate expected conditions and durations for high gravitational force loading, rapid 

changes in altitude, rapid changes in airspeed, and varying 

degrees of moderate gravitational force loading. 

(5) A diverse group of pilots shall participate in the testing 

and evaluation, including— 

Applicability. 

Evaluation. 

Determination. 

Compliance. 

Deadline. 

Consultation. 


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(A) pilots who are test-qualified and pilots who are 

not test-qualified; and 

(B) pilots who vary in gender, physical conditioning, 

height, weight, and age, and any other attributes that 

the Secretary determines to be appropriate. 

(6) Aircraft involved in the testing and evaluation shall 

perform operations with operationally representative and realistic aircraft configurations. 

(7) The testing and evaluation shall include assessments 

of pilot life support gear and relevant equipment, including 

the pilot breathing mask apparatus. 

(8) The testing and evaluation shall include testing data 

from pilot reports, measurements of breathing pressures and 

air delivery response timing and flow, cabin pressure, air-speed, 

acceleration, measurements of hysteresis during all phases of 

flight, measurements of differential pressure between mask 

and cabin altitude, and measurements of spirometry and specific oxygen saturation levels of the pilot immediately before 

and immediately after each flight. 

(9) The analysis of the safety and effectiveness of the 

breathing system shall thoroughly assess any physiological 

effects reported by pilots, including effects on health, fatigue, 

cognition, and perception of any breathing difficulty. 

(10) The testing and evaluation shall include the participation of subject matter experts who have familiarity and technical expertise regarding design and functions of the aircraft, 

its propulsion system, pilot breathing system, life support 

equipment, human factors, and any other systems or subject 

matter the Secretary determines necessary to conduct effective 

testing and evaluation. At a minimum, such subject matter 

experts shall include aerospace physiologists, engineers, flight 

surgeons, and scientists. 

(11) In carrying out the testing and evaluation, the Secretary of Defense may seek technical support and subject matter 

expertise from the Naval Air Systems Command, the Air Force 

Research Laboratory, the Office of Naval Research, the National 

Aeronautics and Space Administration, and any other organization or element of the Department of Defense or the National 

Aeronautics and Space Administration that the Secretary, in 

consultation with the Administrator of the National Aeronautics 

and Space Administration, determines appropriate to support 

the testing and evaluation. 

(c) CORRECTIVE ACTIONS.—Not later than 90 days after the 

submittal of a final report under subsection (e) for an aircraft 

fleet, the Secretary of Defense shall take such actions as are necessary to correct all deficiencies, shortfalls, and gaps in the 

breathing system that were discovered or reported as a result 

of the testing and evaluation of such aircraft fleet under subsection 

(a). 

(d) PRELIMINARY REPORTS.— 

(1) IN GENERAL.—Not later than the date specified in paragraph (2), for each aircraft fleet tested and evaluated under 

subsection (a), the Secretary of Defense shall submit to the 

congressional defense committees a separate preliminary 

report, based on the initial results of such testing and evaluation, that includes— 

Deadline. 

Consultation. 

Determination. 

Determination. 

Analysis. 


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135 STAT. 1606 PUBLIC LAW 117–81—DEC. 27, 2021 

(A) the initial findings and recommendations of the 

Secretary; 

(B) potential corrective actions that the Secretary of 

Defense may carry out to address deficiencies in the 

breathing system of the aircraft tested; and 

(C) the results of initial review and assessment, conducted by the Administrator of the National Aeronautics 

and Space Administration for purposes of the report, of— 

(i) the testing and evaluation plans, execution, 

processes, data, and technical results of the testing 

and evaluation activities under subsection (a); and 

(ii) the initial findings, recommendations, and 

potential corrective actions determined by the Secretary of Defense under subparagraphs (A) and (B). 

(2) DATE SPECIFIED.—The date specified in this paragraph 

is the earlier of— 

(A) a date selected by the Secretary of the Air Force 

that is not later than 180 days after the testing and evaluation of the aircraft fleet under subsection (a) has been 

completed; or 

(B) one year after the commencement of the testing 

and evaluation of the aircraft fleet under subsection (a). 

(e) FINAL REPORTS.—Not later than two years after the 

commencement of the testing and evaluation under subsection (a) 

for an aircraft fleet, the Secretary of Defense shall submit to the 

congressional defense committees a final report on the results of 

such testing with respect to such aircraft fleet that includes, based 

on the final results of such testing and evaluation— 

(1) findings and recommendations with respect to the 

breathing system; and 

(2) a description of the specific actions the Secretary will 

carry out to correct deficiencies in the breathing system, as 

required under subsection (c). 

(f) INDEPENDENT REVIEW OF FINAL REPORT.— 

(1) IN GENERAL.—The Secretary of Defense, in consultation 

with the Administrator of the National Aeronautics and Space 

Administration, shall seek to enter into an agreement with 

a federally funded research and development center with relevant expertise to conduct an independent sufficiency review 

of the final reports submitted under subsection (e). 

(2) REPORT TO SECRETARY.—Not later than seven months 

after the date on which the Secretary of Defense enters into 

an agreement with a federally funded research and development 

center under paragraph (1), the center shall submit to the 

Secretary a report on the results of the review conducted under 

such paragraph. 

(3) REPORT TO CONGRESS.—Not later than 30 days after 

the date on which the Secretary of Defense receives the report 

under paragraph (2), the Secretary shall submit the report 

to the congressional defense committees. 

SEC. 225. IDENTIFICATION OF THE HYPERSONICS FACILITIES AND 

CAPABILITIES OF THE MAJOR RANGE AND TEST FACILITY 

BASE. 

(a) IDENTIFICATION REQUIRED.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense 

Deadlines. 

Consultation. 

Contracts. 

Recommendations. 

Recommendations. 

Recommendations. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1607 

shall identify each facility and capability of the Major Range and 

Test Facility Base— 

(1) the primary mission of which is the test and evaluation 

of hypersonics technology; or 

(2) that provides other test and evaluation capabilities 

to support the development of hypersonics technology. 

(b) BRIEFING.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall provide to 

the congressional defense committees a briefing on a plan to improve 

the capabilities identified under subsection (a), including— 

(1) a schedule for such improvements; and 

(2) a description of any organizational changes, investments, policy changes, or other activities the Secretary proposes 

to carry out as part of such plan. 

(c) MAJOR RANGE AND TEST FACILITY BASE.—In this section, 

the term ‘‘Major Range and Test Facility Base’’ has the meaning 

given that term in section 196(i) of title 10, United States Code. 

SEC. 226. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND 

ESTABLISHMENT OF PERFORMANCE METRICS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall— 

(1) review the potential applications of artificial intelligence 

and digital technology to the platforms, processes, and operations of the Department of Defense; and 

(2) establish performance objectives and accompanying 

metrics for the incorporation of artificial intelligence and digital 

readiness into such platforms, processes, and operations. 

(b) PERFORMANCE OBJECTIVES AND ACCOMPANYING METRICS.— 

(1) SKILL GAPS.—In carrying out subsection (a), the Secretary of Defense shall require each Secretary of a military 

department and the heads of such other organizations and 

elements of the Department of Defense as the Secretary of 

Defense determines appropriate to— 

(A) conduct a comprehensive review and assessment 

of— 

(i) skill gaps in the fields of software development, 

software engineering, data science, and artificial intelligence; 

(ii) the qualifications of civilian personnel needed 

for both management and specialist tracks in such 

fields; and 

(iii) the qualifications of military personnel (officer 

and enlisted) needed for both management and specialist tracks in such fields; and 

(B) establish recruiting, training, and talent management performance objectives and accompanying metrics for 

achieving and maintaining staffing levels needed to fill 

identified gaps and meet the needs of the Department 

for skilled personnel. 

(2) AI MODERNIZATION ACTIVITIES.—In carrying out subsection (a), the Secretary of Defense shall— 

(A) assess investment by the Department of Defense 

in artificial intelligence innovation, science and technology, 

and research and development; 

(B) assess investment by the Department in test and 

evaluation of artificial intelligence capabilities; and 

Determination. 

Requirements. 

Deadline. 

Assessments. 

10 USC 4001 

note. 

Definition. 

Proposals. 

Schedule. 

Plan. 


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(C) establish performance objectives and accompanying 

metrics for artificial intelligence modernization activities 

of the Department. 

(3) EXERCISES, WARGAMES, AND EXPERIMENTATION.—In 

conjunction with the activities of the Secretary of Defense under 

subsection (a), the Chairman of the Joint Chiefs of Staff, in 

coordination with the Director of the Joint Artificial Intelligence 

Center, shall— 

(A) assess the integration of artificial intelligence into 

war-games, exercises, and experimentation; and 

(B) develop performance objectives and accompanying 

metrics for such integration. 

(4) LOGISTICS AND SUSTAINMENT.—In carrying out subsection (a), the Secretary of Defense shall require the Under 

Secretary of Defense for Acquisition and Sustainment, with 

support from the Director of the Joint Artificial Intelligence 

Center, to— 

(A) assess the application of artificial intelligence in 

logistics and sustainment systems; and 

(B) establish performance objectives and accompanying 

metrics for integration of artificial intelligence in the 

Department of Defense logistics and sustainment enterprise. 

(5) BUSINESS APPLICATIONS.—In carrying out subsection 

(a), the Secretary of Defense shall require the Under Secretary 

of Defense (Comptroller), in coordination with the Director of 

the Joint Artificial Intelligence Center, to— 

(A) assess the integration of artificial intelligence for 

administrative functions that can be performed with robotic 

process automation and artificial intelligence-enabled analysis; and 

(B) establish performance objectives and accompanying 

metrics for the integration of artificial intelligence in priority business process areas of the Department of Defensee, 

including the following: 

(i) Human resources. 

(ii) Budget and finance, including audit. 

(iii) Retail. 

(iv) Real estate. 

(v) Health care. 

(vi) Logistics. 

(vii) Such other business processes as the Secretary 

considers appropriate. 

(c) REPORT TO CONGRESS.—Not later than 120 days after the 

completion of the review required by subsection (a)(1), the Secretary 

of Defense shall submit to the congressional defense committees 

a report on— 

(1) the findings of the Secretary with respect to the review 

and any action taken or proposed to be taken by the Secretary 

to address such findings; and 

(2) the performance objectives and accompanying metrics 

established under subsections (a)(2) and (b). 

Proposals. 

Coordination. 

Coordination. 


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SEC. 227. MODIFICATION OF THE JOINT COMMON FOUNDATION PROGRAM. 

(a) MODIFICATION OF JOINT COMMON FOUNDATION.—The Secretary of Defense shall modify the Joint Common Foundation program conducted by the Joint Artificial Intelligence Center to ensure 

that Department of Defense components can more easily contract 

with leading commercial artificial intelligence companies to support 

the rapid and efficient development and deployment of applications 

and capabilities. 

(b) QUALIFYING COMMERCIAL COMPANIES.—The Secretary of 

Defense shall take such actions as may be necessary to increase 

the number of commercial artificial intelligence companies eligible 

to provide support to Department of Defense components, including 

with respect to requirements for cybersecurity protections and processes, to achieve automatic authority to operate and provide continuous delivery, security clearances, data portability, and interoperability. 

(c) USE OF FAR PART 12.—The Secretary of Defense shall 

ensure that, to the maximum extent practicable, commercial artificial intelligence companies are able to offer platforms, services, 

applications, and tools to Department of Defense components 

through processes and procedures under part 12 of the Federal 

Acquisition Regulation. 

(d) OBJECTIVES OF THE JOINT COMMON FOUNDATION PROGRAM.—The objectives of the Joint Common Foundation program 

shall include the following: 

(1) Relieving Department of Defense components of the 

need to design or develop or independently contract for the 

computing and data hosting platforms and associated services 

on and through which the component at issue would apply 

its domain expertise to develop specific artificial intelligence 

applications. 

(2) Providing expert guidance to components in selecting 

commercial platforms, tools, and services to support the 

development of component artificial intelligence applications. 

(3) Ensuring that leading commercial artificial intelligence 

technologies and capabilities are easily and rapidly accessible 

to components through streamlined contracting processes. 

(4) Assisting components in designing, developing, 

accessing, or acquiring commercial or non-commercial capabilities that may be needed to support the operational use of 

artificial intelligence applications. 

(5) Enabling companies to develop software for artificial 

intelligence applications within secure software development 

environments that are controlled, sponsored, required, or specified by the Department of Defense, including PlatformOne of 

the Department of the Air Force 

(e) BRIEFING.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Defense shall provide to 

the congressional defense committees a briefing on actions taken 

to carry out this section. 

SEC. 228. EXECUTIVE EDUCATION ON EMERGING TECHNOLOGIES FOR 

SENIOR CIVILIAN AND MILITARY LEADERS. 

(a) ESTABLISHMENT OF COURSE.—Not later than two years after 

the date of the enactment of this Act, the Secretary of Defense 

Deadline. 

10 USC 2001 

note prec. 

Deadline. 

10 USC 4001 

note. 


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shall establish executive education activities on emerging technologies for appropriate general and flag officers and senior executive-level civilian leaders that are designed specifically to prepare 

new general and flag officers and senior executive-level civilian 

leaders on relevant technologies and how these technologies may 

be applied to military and business activities in the Department 

of Defense. 

(b) PLAN FOR PARTICIPATION.— (1) IN GENERAL.—The Secretary of Defense shall develop 

a plan for participation in executive education activities established under subsection (a). 

(2) REQUIREMENTS.—As part of such plan, the Secretary 

shall ensure that, not later than five years after the date 

of the establishment of the activities under subsection (a), 

all appropriate general flag officers and senior executive-level 

civilian leaders are— 

(A) required to complete the executive education activities under such subsection; and 

(B) certified as having successfully completed the 

executive education activities. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than the date that is three 

years after the date of the enactment of this Act, the Secretary 

of Defense shall submit to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the 

House of Representatives a report on the status of the 

implementation of the activities required by subsection (a). 

(2) CONTENTS.—The report submitted under paragraph (1) 

shall include the following: 

(A) A description of the new general and flag officers 

and senior executive-level civilian leaders for whom the 

education activities have been designated. 

(B) A recommendation with respect to continuing or 

expanding the activities required under subsection (a). 

SEC. 229. ACTIVITIES TO ACCELERATE DEVELOPMENT AND DEPLOYMENT OF DUAL-USE QUANTUM TECHNOLOGIES. 

(a) ACTIVITIES REQUIRED.—The Secretary of Defense shall 

establish a set of activities— 

(1) to accelerate the development and deployment of dualuse quantum capabilities; 

(2) to ensure the approach of the United States to investments of the Department of Defense in quantum information 

science research and development reflects an appropriate balance between scientific progress and the potential economic 

and security implications of such progress; 

(3) to ensure that the Department of Defense is fully aware 

and has a technical understanding of the maturity and operational utility of new and emerging quantum technologies; and 

(4) to ensure the Department of Defense consistently has 

access to the most advanced quantum capabilities available 

in the commercial sector to support research and modernization 

activities. 

(b) ASSISTANCE PROGRAM.— 

(1) PROGRAM REQUIRED.—In carrying out subsection (a) 

and subject to the availability of appropriations for such purpose, the Secretary of Defense shall, acting through the Director 

Consultation. 

10 USC 4001 

note. 

Recommendations. 

Certification. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1611 

of the Defense Advanced Research Projects Agency and in consultation with appropriate public and private sector organizations, establish a program under which the Secretary may 

award assistance to one or more organizations— 

(A) to identify defense applications for which dualuse quantum technologies provide a clear advantage over 

competing technologies; 

(B) to accelerate development of such quantum technologies; and 

(C) to accelerate the deployment of dual-use quantum 

capabilities. 

(2) FORM OF ASSISTANCE.—Assistance awarded under the 

program required by paragraph (1) may consist of a grant, 

a contract, a cooperative agreement, other transaction, or such 

other form of assistance as the Secretary of Defense considers 

appropriate. 

(3) AUTHORITIES AND ACQUISITION APPROACHES.—The Secretary of Defense may use the following authorities and 

approaches for the program required by paragraph (1): 

(A) Section 2374a of title 10, United States Code, 

relating to prizes for advanced technology achievements. 

(B) Section 2373 of such title, relating to procurement 

for experimental purposes. 

(C) Sections 2371 and 2371b of such title, relating 

to transactions other than contracts and grants and 

authority of the Department of Defense to carry out certain 

prototype projects, respectively. 

(D) Section 2358 of such title, relating to research 

and development projects. 

(E) Section 879 of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 

2302 note), relating to defense pilot program for authority 

to acquire innovative commercial products, technologies, 

and services using general solicitation competitive procedures. 

(F) Requirement for milestone payments based on technical achievements. 

(G) Requirement for cost share from private sector 

participants in the program. 

(H) Commercial procurement authority under part 12 

of the Federal Acquisition Regulation. 

(I) Such other authorities or approaches as the Secretary considers appropriate. 

(4) POLICIES AND PROCEDURES.—The Secretary of Defense 

shall, in consultation with such experts from government and 

industry as the Secretary considers appropriate, establish policies and procedures to carry out the program required by paragraph (1). 

(c) BRIEFING AND REPORT.— 

(1) BRIEFING.—Not later than March 1, 2022, the Secretary 

of Defense shall provide to the congressional defense committees a briefing on the plan to carry out the activities required 

by subsection (a) and the program required by subsection (b). 

(2) REPORT.—Not later than December 31, 2022, and not 

less frequently than once each year thereafter until December 

31, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the activities carried 

Termination 

date. 

Deadline. 

Consultation. 

Grants. 

Contracts. 


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135 STAT. 1612 PUBLIC LAW 117–81—DEC. 27, 2021 

out under subsection (a) and the program carried out under 

subsection (b). 

SEC. 230. NATIONAL GUARD PARTICIPATION IN MICROREACTOR 

TESTING AND EVALUATION. 

The Secretary of Defense may, in coordination with the Director 

of the Strategic Capabilities Office and the Chief of the National 

Guard Bureau, assemble a collection of four National Guard units 

to participate in the testing and evaluation of a micro nuclear 

reactor program. 

SEC. 231. PILOT PROGRAM ON THE USE OF PRIVATE SECTOR PARTNERSHIPS TO PROMOTE TECHNOLOGY TRANSITION. 

(a) IN GENERAL.—Consistent with section 2359 of title 10, 

United States Code, the Secretary of Defense shall carry out a 

pilot program to foster the transition of the science and technology 

programs, projects, and activities of the Department of Defense 

from the research, development, pilot, and prototyping phases into 

acquisition activities and operational use. Under the pilot program, 

the Secretary shall seek to enter into agreements with qualified 

private sector organizations to support— 

(1) matching technology developers with programs, projects, 

and activities of the Department that may have a use for 

the technology developed by such developers; 

(2) providing technical assistance to appropriate parties 

on participating in the procurement programs and acquisition 

processes of the Department, including training and consulting 

on programming, budgeting, contracting, requirements, and 

other relevant processes and activities; and 

(3) overcoming barriers and challenges facing technology 

developers, including challenges posed by restrictions on 

accessing secure facilities, networks, and information. 

(b) PRIORITY.—In carrying out the activities described in paragraphs (1) through (3) of subsection (a), a qualified private sector 

organization shall give priority to technology producers that are 

small business concerns (as defined under section 3 of the Small 

Business Act (15 U.S.C. 632)), research institutions (as defined 

in section 9(e) of such Act), or institutions of higher education 

(as defined in section 101 of the Higher Education Act of 1965 

(20 U.S.C 1001)). 

(c) TERMS OF AGREEMENTS.—The terms of an agreement under 

subsection (a) shall be determined by the Secretary of Defense. 

(d) DATA COLLECTION.— (1) PLAN REQUIRED BEFORE IMPLEMENTATION.—The Secretary of Defense may not enter into an agreement under 

subsection (a) until the date on which the Secretary— 

(A) completes a plan to for carrying out the data collection required under paragraph (2); and 

(B) submits the plan to the congressional defense 

committees. 

(2) DATA COLLECTION REQUIRED.—The Secretary of Defense 

shall collect and analyze data on the pilot program under 

this section for the purposes of— 

(A) developing and sharing best practices for facilitating the transition of science and technology from the 

research, development, pilot, and prototyping phases into 

acquisition activities and operational use within the 

Department of Defense; 

Analysis. 

Effective date. 

Determination. 

Contracts. 

10 USC 4007 

note. 

Coordination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1613 

(B) providing information to the leadership of the 

Department on the implementation of the pilot program 

and related policy issues; and 

(C) providing information to the congressional defense 

committees as required under subsection (e). 

(e) BRIEFING.—Not later than December 31, 2022, the Secretary 

of Defense shall provide to the congressional defense committees 

a briefing on the progress of the Secretary in implementing the 

pilot program under this section and any related policy issues. 

(f) CONSULTATION.—In carrying out the pilot program under 

this section, the Secretary of Defense shall consult with— 

(1) service acquisition executives (as defined in section 

101 of title 10, United States Code); 

(2) the heads of appropriate Defense Agencies and Department of Defense Field Activities; 

(3) procurement technical assistance centers (as described 

in chapter 142 of title 10, United States Code); and 

(4) such other individuals and organizations as the Secretary determines appropriate. 

(g) TERMINATION.—The pilot program under this section shall 

terminate on the date that is five years after the date on which 

Secretary of Defense enters into the first agreement with a qualified 

private sector organization under subsection (a). 

(h) COMPTROLLER GENERAL ASSESSMENT AND REPORT.— 

(1) ASSESSMENT.—The Comptroller General of the United 

States shall conduct an assessment of the pilot program under 

this section. The assessment shall include an evaluation of 

the effectiveness of the pilot program with respect to— 

(A) facilitating the transition of science and technology 

from the research, development, pilot, and prototyping 

phases into acquisition activities and operational use within 

the Department of Defense; and 

(B) protecting sensitive information in the course of 

the pilot program. 

(2) REPORT.—Not later than the date specified in paragraph 

(3), the Comptroller General shall submit to the congressional 

defense committees a report on the results of the assessment 

conducted under paragraph (1). 

(3) DATE SPECIFIED.—The date specified in this paragraph 

is the earlier of— 

(A) four years after the date on which the Secretary 

of Defense enters into the first agreement with a qualified 

private sector organization under subsection (a): or 

(B) five years after the date of the enactment of this 

Act. 

SEC. 232. PILOT PROGRAM ON DATA REPOSITORIES TO FACILITATE 

THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE 

CAPABILITIES FOR THE DEPARTMENT OF DEFENSE. 

(a) ESTABLISHMENT OF DATA REPOSITORIES.—The Secretary of 

Defense, acting through the Chief Data Officer of the Department 

of Defense and the Director of the Joint Artificial Intelligence 

Center (and such other officials as the Secretary determines appropriate), may carry out a pilot program under which the Secretary— 

(1) establishes data repositories containing Department of 

Defense data sets relevant to the development of artificial intelligence software and technology; and 

Determination. 

10 USC 4001 

note. 

Time periods. 

Evaluation. 

Determination. 

Deadline. 


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135 STAT. 1614 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) allows appropriate public and private sector organizations to access such data repositories for the purpose of developing improved artificial intelligence and machine learning software capabilities that may, as determined appropriate by the 

Secretary, be procured by the Department to satisfy Department requirements and technology development goals. 

(b) ELEMENTS.—If the Secretary of Defense carries out the 

pilot program under subsection (a), the data repositories established 

under the program— 

(1) may include unclassified training quality data sets and 

associated labels representative of diverse types of information, 

representing Department of Defense missions, business processes, and activities; and 

(2) shall— 

(A) be categorized and annotated to support development of a common evaluation framework for artificial intelligence models and other technical software solutions; 

(B) be made available to appropriate public and private 

sector organizations to support rapid development of software and artificial intelligence capabilities; 

(C) include capabilities and tool sets to detect, evaluate, 

and correct errors in data annotation, identify gaps in 

training data used in model development that would 

require additional data labeling, and evaluate model 

performance across the life cycle of the data repositories; 

and 

(D) be developed to support other missions and activities as determined by the Secretary. 

(c) BRIEFING.—Not later than 270 days after the date of the 

enactment of this Act, the Secretary of Defense shall provide to 

the congressional defense committees a briefing on— 

(1) whether the Secretary intends to carry out the pilot 

program under this section; 

(2) if the Secretary does not intend to carry out the pilot 

program, an explanation of the reasons for such decision; 

(3) if the Secretary does intend to carry out the pilot 

program, or if the Secretary has already initiated the pilot 

program as of the date of the briefing— 

(A) the types of information the Secretary determines 

are feasible and advisable to include in the data repositories 

described in subsection (a); and 

(B) the progress of the Secretary in carrying out the 

program. 

SEC. 233. PILOT PROGRAMS FOR DEPLOYMENT OF TELECOMMUNICATIONS INFRASTRUCTURE TO FACILITATE 5G DEPLOYMENT ON MILITARY INSTALLATIONS. 

(a) PLANS.— 

(1) IN GENERAL.—Not later than 180 days after enactment 

of this Act, each Secretary of a military department shall submit 

to the congressional defense committees a plan for a pilot 

program for the deployment of telecommunications infrastructure to facilitate the availability of fifth-generation wireless 

telecommunications services on military installations under the 

jurisdiction of the Secretary. 

Deadline. 

10 USC 4571 

note. 

Determination. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1615 

(2) PLAN ELEMENTS.—Each plan submitted under paragraph (1) by a Secretary of a military department shall include, 

with respect to such military department, the following: 

(A) A list of military installations at which the pilot 

program will be carried out, including at least one military 

installation of the department. 

(B) A description of authorities that will be used to 

execute the pilot program. 

(C) A timeline for the implementation and duration 

of the pilot program. 

(D) The identity of each telecommunication carrier that 

intends to use the telecommunications infrastructure 

deployed pursuant to the pilot to provide fifth-generation 

wireless telecommunication services at each of the military 

installations listed under subparagraph (A). 

(E) An assessment of need for centralized processes 

and points of contacts to facilitate deployment of the telecommunications infrastructure. 

(b) PILOT PROGRAMS REQUIRED.—Not later than one year after 

the date of the enactment of this Act, each Secretary of a military 

department shall establish a pilot program in accordance with 

the plan submitted by the Secretary under subsection (a)(1). 

(c) REPORTS.— 

(1) IN GENERAL.—Not later than 180 days after the date 

on which a Secretary of a military department commences 

a pilot program under subsection (b), and not less frequently 

than once every 180 days thereafter until the completion of 

the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program. 

(2) CONTENTS.—Each report submitted under paragraph 

(1) for a pilot program shall include the following: 

(A) A description of the status of the pilot program 

at each military installation at which the pilot program 

is carried out. 

(B) A description of the use of, and services provided 

by, telecommunications carriers of the telecommunications 

infrastructure at each military installation under the pilot 

program. 

(C) Such additional information as the Secretary of 

the military department considers appropriate. 

(d) TELECOMMUNICATIONS INFRASTRUCTURE DEFINED.—In this 

section, the term ‘‘telecommunications infrastructure’’ includes, at 

a minimum, the following: 

(1) Macro towers. 

(2) Small cell poles. 

(3) Distributed antenna systems. 

(4) Dark fiber. 

(5) Power solutions. 

SEC. 234. LIMITATION ON DEVELOPMENT OF PROTOTYPES FOR THE 

OPTIONALLY MANNED FIGHTING VEHICLE PENDING 

REQUIREMENTS ANALYSIS. 

(a) LIMITATION.—The Secretary of the Army may not enter 

into a contract for the development of a physical prototype for 

the Optionally Manned Fighting Vehicle or any other next-generation infantry fighting vehicle of the Army until a period of 30 

days has elapsed following the date on which the Secretary submits 

Time period. 

Time period. 

Deadline. 

Assessment. 

Timeline. 

List. 


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135 STAT. 1616 PUBLIC LAW 117–81—DEC. 27, 2021 

to the congressional defense committees the report required under 

subsection (b). 

(b) REPORT REQUIRED.— 

(1) IN GENERAL.—The Secretary of the Army shall submit 

to the congressional defense committees a report on the analysis 

supporting the determination of formal requirements or desired 

characteristics for the Optionally Manned Fighting Vehicle 

refined through the concept and detailed design phases of the 

acquisition strategy. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A detailed description of the formal requirements 

applicable to the Optionally Manned Fighting Vehicle or 

desired characteristics guiding the physical prototyping 

phase of the program. 

(B) A description of the analysis conducted to finalize 

such requirements and characteristics. 

(C) A description of Optionally Manned Fighting 

Vehicle-equipped force structure designs and the operational concepts analyzed during the vehicle concept design 

and detailed design phases. 

(D) A detailed description of the analysis conducted, 

trade-offs considered, and conclusions drawn with respect 

to the force structure designs and operational concepts, 

survivability, mobility, lethality, payload, and combat 

effectiveness in execution of the critical operational tasks 

required of fighting-vehicle-equipped infantry. 

(E) An assessment and comparison of the combat 

effectiveness (including survivability, mobility, and 

lethality) of combined arms company teams equipped with 

Optionally Manned Fighting Vehicles compared to those 

equipped with fully modernized Bradley Fighting Vehicles. 

(c) BRIEFING REQUIRED.—At least 30 days prior to the submission of the report under subsection (b), the Secretary of the Army 

shall provide to the congressional defense committees a briefing 

on the preliminary findings of the Secretary with respect to each 

element specified in subsection (b)(2). 

(d) COMPTROLLER GENERAL ASSESSMENT.—Not later than 60 

days after the date on which the report under subsection (b) is 

submitted, the Comptroller General of the United States shall 

submit to the congressional defense committees a written assessment of the report, including— 

(1) an assessment of the objectivity, validity, and reliability 

of the Army’s analysis with respect to each element specified 

in subsection (b)(2); and 

(2) any other matters the Comptroller General determines 

appropriate. 

SEC. 235. LIMITATION ON TRANSFER OF CERTAIN OPERATIONAL 

FLIGHT TEST EVENTS AND REDUCTIONS IN OPERATIONAL 

FLIGHT TEST CAPACITY. 

(a) LIMITATION.— 

(1) IN GENERAL.—The Secretary of the Navy may not take 

any action described in paragraph (2) until the date on which 

the Director of Operational Test and Evaluation, in consultation 

with the Secretary of the Navy, certifies to the congressional 

defense committees that the use of non-test designated units 

Effective date. 

Consultation. 

Certification. 

Deadline. 

Time period. 

Assessment. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1617 

to conduct flight testing will not have any appreciable effect 

on— 

(A) the cost or schedule of any naval aviation or naval 

aviation-related program; or 

(B) the efficacy of test execution, analysis, and evaluation for any such program. 

(2) ACTIONS DESCRIBED.—The actions described in this 

paragraph are the following: 

(A) The delegation of any operational flight test event 

to be conducted by a non-test designated unit. 

(B) Any action that would reduce, below the levels 

authorized and in effect on October 1, 2020, any of the 

following: 

(i) The aviation or aviation-related operational 

testing and evaluation capacity of the Department of 

the Navy. 

(ii) The personnel billets assigned to support such 

capacity. 

(iii) The aviation force structure, aviation inventory, or quantity of aircraft assigned to support such 

capacity, including rotorcraft and fixed-wing aircraft. 

(b) REPORT REQUIRED.—Not later than September 1, 2022, the 

Director of Operational Test and Evaluation shall submit to the 

congressional defense committees a report that assesses each of 

the following as of the date of the report: 

(1) The design and effectiveness of the testing and evaluation infrastructure and capacity of the Department of the Navy, 

including an assessment of whether such infrastructure and 

capacity is sufficient to carry out the acquisition and 

sustainment testing required for the aviation-related programs 

of the Department of Defense and the naval aviation-related 

programs of the Department of the Navy. 

(2) The plans of the Secretary of the Navy to reduce the 

testing and evaluation capacity and infrastructure of the Navy 

with respect to naval aviation in fiscal year 2022 and subsequent fiscal years, as specified in the budget of the President 

submitted to Congress on May 28, 2021. 

(3) The technical, fiscal, and programmatic issues and risks 

associated with the plans of the Secretary of the Navy to 

delegate and task non-test designated operational naval aviation units and organizations to efficiently and effectively execute, analyze, and evaluate testing and evaluation master plans 

for all aviation-related programs and projects of the Department 

of the Navy. 

(c) NON-TEST DESIGNATED UNIT DEFINED.—In this section, the 

term ‘‘non-test designated unit’’ means a naval aviation unit that 

does not have designated as its primary mission operational testing 

and evaluation in support of naval aviation or naval aviationrelated projects and programs. 

SEC. 236. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN C– 

130 AIRCRAFT. 

None of the funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2022 for the Navy 

may be obligated or expended to procure a C–130 aircraft for 

testing and evaluation as a potential replacement for the E–6B 

Effective date. 

Reports. 

Plans. 

Plans. 

Assessments. 


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135 STAT. 1618 PUBLIC LAW 117–81—DEC. 27, 2021 

aircraft until the date on which all of the following conditions 

are met: 

(1) The Secretary of the Navy has submitted to the congressional defense committees a report that includes— 

(A) the unit cost of each such C–130 test aircraft; 

(B) the life cycle sustainment plan for such C–130 

aircraft; 

(C) a statement indicating whether such C–130 aircraft 

will be procured using multiyear contracting authority 

under section 2306b of title 10, United States Code; and 

(D) the total amount of funds needed to complete the 

procurement of such C–130 aircraft. 

(2) The Secretary of the Navy has certified to the congressional defense committees that C–130 aircraft in the inventory 

of the Air Force as of the date of the enactment of this Act 

would not be capable of fulfilling all requirements under the 

E–6B aircraft program of record. 

(3) The Commander of the United States Strategic Command has submitted to the congressional defense committees 

a report identifying the plan for hardware that will replace 

the E–6B aircraft while fulfilling all requirements under the 

E–6B program of record. 

SEC. 237. LIMITATION ON AVAILABILITY OF FUNDS FOR VC–25B AIRCRAFT PROGRAM PENDING SUBMISSION OF DOCUMENTATION. 

(a) DOCUMENTATION REQUIRED.—Not later than 30 days after 

the date of the enactment of this Act, the Secretary of the Air 

Force shall submit to the congressional defense committees an 

integrated master schedule that has been approved by the Secretary 

for the VC–25B presidential aircraft recapitalization program of 

the Air Force. 

(b) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2022 for 

the Air Force for the VC–25B aircraft, not more than 50 percent 

may be obligated or expended until the date on which the Secretary 

of the Air Force submits to the congressional defense committees 

the documentation required under subsection (a). 

SEC. 238. LIMITATION ON AVAILABILITY OF FUNDS FOR THE HIGH 

ACCURACY DETECTION AND EXPLOITATION SYSTEM. 

Of the funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2022 for research, development, test, and evaluation for the Army for the High Accuracy 

Detection and Exploitation System, not more than 75 percent may 

be obligated or expended until the Vice Chairman of the Joint 

Chiefs of Staff certifies to the congressional defense committees 

that— 

(1) the High Accuracy Detection and Exploitation System 

enables multi-domain operations for the Army and is consistent 

with the Joint All Domain Command and Control strategy 

of the Department of Defense; and 

(2) in a conflict, the System will be able to operate at 

standoff distances for survivability against enemy air defenses, 

while providing signals intelligence, electronic intelligence, 

communications intelligence, or synthetic aperture radar or 

moving target indicator information to the ground component 

commander, consistent with planned operational concepts. 

Certification. 

Effective date. 

Deadline. 

Schedule 

Certification. 

Effective date. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1619 

Subtitle C—Plans, Reports, and Other 

Matters 

SEC. 241. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF 

OPERATIONAL TEST AND EVALUATION. 

Section 139(h)(2) of title 10, United States Code, is amended 

by striking ‘‘, through January 31, 2026’’. 

SEC. 242. ADAPTIVE ENGINE TRANSITION PROGRAM ACQUISITION 

STRATEGY FOR THE F–35A AIRCRAFT. 

(a) IN GENERAL.—Not later than 14 days after the date on 

which the budget of the President for fiscal year 2023 is submitted 

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

Code, the Secretary of the Air Force, in consultation with the 

Under Secretary of Defense for Acquisition and Sustainment, shall 

submit to the congressional defense committees a report on the 

integration of the Adaptive Engine Transition Program propulsion 

system into the F–35A aircraft. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) A competitive acquisition strategy, informed by fiscal 

considerations, to— 

(A) integrate the Adaptive Engine Transition Program 

propulsion system into the F–35A aircraft; and 

(B) begin, not later than fiscal year 2027, activities 

to retrofit all F–35A aircraft with such propulsion system. 

(2) An implementation plan to implement such strategy. 

(3) A schedule annotating pertinent milestones and yearly 

fiscal resource requirements for the implementation of such 

strategy. 

SEC. 243. ACQUISITION STRATEGY FOR AN ADVANCED PROPULSION 

SYSTEM FOR F–35B AND F–35C AIRCRAFT. 

(a) IN GENERAL.—Not later than 14 days after the date on 

which the budget of the President for fiscal year 2023 is submitted 

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

Code, the Secretary of the Navy, in consultation with the Under 

Secretary of Defense for Acquisition and Sustainment, shall submit 

to the congressional defense committees a report on the integration 

of an advanced propulsion system into F–35B and F–35C aircraft. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) An analysis the effects of an advanced propulsion system 

on the combat effectiveness and sustainment costs of F–35B 

and F–35C aircraft, including any effects resulting from— 

(A) increased thrust, fuel efficiency, thermal capacity, 

and electrical generation; and 

(B) improvements in acceleration, speed, range, and 

overall mission effectiveness. 

(2) An assessment of how the integration of an advanced 

propulsion system may result in— 

(A) a reduction in dependency on support assets, 

including air refueling and replenishment tankers; and 

(B) an overall cost benefit to the Department from 

reduced acquisition and sustainment for such support 

assets. 

Analysis. 

Assessments. 

Consultation. 

Schedule. 

Deadline. 

Consultation. 


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135 STAT. 1620 PUBLIC LAW 117–81—DEC. 27, 2021 

(3) A competitive acquisition strategy (informed by fiscal 

considerations, the assessment of combat effectiveness under 

paragraph (1), and consideration of technical limitations)— 

(A) to integrate an advanced propulsion system into 

F–35B aircraft and F–35C aircraft; 

(B) to begin, not later than fiscal year 2027, activities 

to produce all F–35B aircraft and all F–35C aircraft with 

such propulsion systems; and 

(C) to begin, not later than fiscal year 2027, activities 

to retrofit all F–35B aircraft and all F–35C aircraft with 

such propulsion systems. 

(c) ADVANCED PROPULSION SYSTEM DEFINED.—In this section, 

term ‘‘advanced propulsion system’’ means— 

(1) a derivative of the propulsion system developed for 

the F–35 aircraft under the Adaptive Engine Transition Program of the Air Force; or 

(2) a derivative of a propulsion system previously developed 

for the F–35 aircraft. 

SEC. 244. ASSESSMENT OF THE DEVELOPMENT AND TEST ENTERPRISE 

OF THE AIR FORCE RESEARCH LABORATORY. 

(a) ASSESSMENT REQUIRED.—The Secretary of the Air Force 

shall conduct an assessment of the ability of the Air Force Research 

Laboratory to effectively carry out development and testing activities with respect to the capabilities of the Space Force specific 

to space access and space operations. 

(b) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of the Air Force shall submit 

to the congressional defense committees a report on the results 

of the assessment conducted under subsection (a). The report shall 

include an explanation of— 

(1) any challenges to the development and testing capabilities of the Air Force Research Laboratory as described subsection (a), including any challenges relating to test activities 

and infrastructure; 

(2) any changes to the organizational structure of the Laboratory that may be needed to enable the laboratory to adequately address the missions of both the Space Force and 

the Air Force generally, and the amount of funding, if any, 

required to implement such changes; 

(3) any barriers to the recapitalization of the testing infrastructure of the Laboratory; and 

(4) the plans of the Secretary to address the issues identified under paragraphs (1) through (3). 

SEC. 245. STUDY ON EFFICIENT USE OF DEPARTMENT OF DEFENSE 

TEST AND EVALUATION ORGANIZATIONS, FACILITIES, AND 

LABORATORIES. 

(a) STUDY REQUIRED.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

direct the Defense Science Board to carry out a study on the 

resources and capabilities of the test and evaluation organizations, facilities, and laboratories of the Department of Defense. 

(2) PARTICIPATION.—Participants in the study conducted 

under paragraph (1) shall include the following: 

Deadline. 

Plans. 

Deadline. 


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(A) Such members of the Defense Science Board as 

the Chairman of the Board considers appropriate for the 

study. 

(B) Such additional temporary members or contracted 

support as the Secretary— 

(i) selects from those recommended by the Chairman for purposes of the study; and 

(ii) considers to have significant technical, policy, 

or military expertise relevant to defense test and 

evaluation missions. 

(3) ELEMENTS.—The study conducted under paragraph (1) 

shall include the following: 

(A) Assessment of the effectiveness of current developmental testing, operational testing, and integrated testing 

within the Department of Defense in meeting statutory 

objectives and the test and evaluation requirements of the 

Adaptive Acquisition Framework. 

(B) Identification of industry and government best 

practices for conducting developmental testing, operational 

testing, and integrated testing. 

(C) Potential applicability of industry and government 

best practices for conducting developmental testing, operational testing, and integrated testing within the Department to improve test and evaluation outcomes. 

(D) Identification of duplication of efforts and other 

non- or low-value added activities that reduce speed and 

effectiveness of test and evaluation activities. 

(E) Assessment of test and evaluation oversight 

organizations within the Office of the Secretary of Defense, 

including their authorities, responsibilities, activities, 

resources, and effectiveness, including with respect to 

acquisition programs of the military departments and 

Defense Agencies. 

(F) Assessment of the research, development, test, and 

evaluation infrastructure master plan required under section 252 of the National Defense Authorization Act for 

Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2358 note). 

(F) Development and assessment of potential courses 

of action to improve the effectiveness of oversight of 

developmental testing, operational testing, and integrated 

testing activities, and test and evaluation resources within 

the Office of the Secretary of Defense, including as one 

such course of action establishing a single integrated office 

with such responsibilities. 

(G) Development of such recommendations as the 

Defense Science Board may have for legislative changes, 

authorities, organizational realignments, and administrative actions to improve test and evaluation oversight and 

capabilities, and facilitate better test and evaluation outcomes. 

(H) Such other matters as the Secretary considers 

appropriate. 

(4) ACCESS TO INFORMATION.—The Secretary of Defense 

shall provide the Defense Science Board with timely access 

to appropriate information, data, resources, and analysis so 

that the Board may conduct a thorough and independent analysis as required under this subsection. 

Analysis. 

Recommendations. 

Assessments. 


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135 STAT. 1622 PUBLIC LAW 117–81—DEC. 27, 2021 

(5) REPORT.— (A) REPORT OF BOARD.—Not later than one year after 

the date on which the Secretary of Defense directs the 

Defense Science Board to conduct the study under paragraph (1), or December 1, 2022, whichever occurs earlier, 

the Board shall transmit to the Secretary a final report 

on the study. 

(B) SUBMITTAL TO CONGRESS.—Not later than 30 days 

after the date on which the Secretary of Defense receives 

the final report under subparagraph (A), the Secretary 

shall submit to the congressional defense committees such 

report and such comments as the Secretary considers 

appropriate. 

(b) BRIEFING REQUIRED.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

provide the congressional defense committees a briefing on the 

schedule and plan to execute activities under this section. 

SEC. 246. REPORT ON AUTONOMY INTEGRATION IN MAJOR WEAPON 

SYSTEMS. 

(a) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on activities to 

resource and integrate autonomy software into appropriate systems 

to enable the continued operational capability of such systems in 

GPS-denied environments by fiscal year 2025. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include— 

(1) a list of systems, to be selected by the Secretary of 

Defense, which can be integrated with autonomy software as 

described in subsection (a) by fiscal year 2025; 

(2) timelines for integrating autonomy software into the 

systems as identified under paragraph (1); 

(3) funding requirements related to the development, 

acquisition, and testing of autonomy software for such systems; 

(4) plans to leverage advanced artificial intelligence technologies, as appropriate, for such systems; 

(5) plans for ensuring the safety and security of such systems equipped with autonomy software, including plans for 

testing, evaluation, validation, and verification of such systems; 

and 

(6) a list of Department of Defense policies in effect as 

of the date of the report that would need to be modified or 

revoked in order to implement the software integration 

described in subsection (a). 

(c) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form, but may include a classified annex. 

SEC. 247. REPORTS AND BRIEFINGS ON RECOMMENDATIONS OF THE 

NATIONAL SECURITY COMMISSION ON ARTIFICIAL INTELLIGENCE REGARDING THE DEPARTMENT OF DEFENSE. 

(a) REPORTS REQUIRED.—On an annual basis during the twoyear period beginning on the date of the enactment of this Act, 

the Secretary of Defense shall submit to the congressional defense 

committees a report on the recommendations made by the National 

Security Commission on Artificial Intelligence with respect to the 

Determinations. Department of Defense. Each such report shall include— 

Analyses. 

Time periods. 

List. 

Plans. 

Plans. 

Requirements. 

Timelines. 

List. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1623 

(1) for each such recommendation, a determination of 

whether the Secretary of Defense intends to implement the 

recommendation; 

(2) in the case of a recommendation the Secretary intends 

to implement, the intended timeline for implementation, a 

description of any additional resources or authorities required 

for such implementation, and the plan for such implementation; 

(3) in the case of a recommendation the Secretary determines is not advisable or feasible, the analysis and justification 

of the Secretary in making that determination; and 

(4) in the case of a recommendation the Secretary determines the Department is already implementing through a separate line of effort, the analysis and justification of the Secretary 

in making that determination. 

(b) BRIEFINGS REQUIRED.—Not less frequently than once each 

year during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall provide to the 

congressional defense committees a briefing on— 

(1) the progress of the Secretary in analyzing and implementing the recommendations made by the National Security 

Commission on Artificial Intelligence with respect to the 

Department of Defense; 

(2) any programs, projects, or other activities of the Department that are being carried out to advance the recommendations of the Commission; and 

(3) the amount of funding provided for such programs, 

projects, and activities. 

TITLE III—OPERATION AND 

MAINTENANCE 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Subtitle B—Energy and Environment 

Sec. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents. 

Sec. 312. Energy efficiency targets for Department of Defense data centers. 

Sec. 313. Grants for maintaining or improving military installation resilience. 

Sec. 314. Maintenance of current analytical tools in evaluating energy resilience 

measures. 

Sec. 315. Authority to transfer amounts derived from energy cost savings. 

Sec. 316. Exemption from prohibition on use of open-air burn pits in contingency 

operations outside the United States. 

Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience. 

Sec. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel 

Storage Facility, Hawai‘i. 

Sec. 319. Energy, water, and waste net-zero requirement for major military installations. 

Sec. 320. Demonstration program on domestic production of rare earth elements 

from coal byproducts. 

Sec. 321. Long-duration demonstration initiative and joint program. 

Sec. 322. Pilot program to test new software to track emissions at certain military 

installations. 

Sec. 323. Department of Defense plan to reduce greenhouse gas emissions. 

Subtitle C—National Security Climate Resilience 

Sec. 331. Definitions. 

Timeline. 

Plan. 


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135 STAT. 1624 PUBLIC LAW 117–81—DEC. 27, 2021 

Sec. 332. Climate Resilience Infrastructure Initiative of the Department of Defense. 

Sec. 333. Inclusion of information regarding extreme weather and cyber attacks or 

disruptions in reports on national technology and industrial base. 

Sec. 334. Climate resilience in planning, engagement strategies, infrastructure, and 

force development of Department of Defense. 

Sec. 335. Assessment of climate risks to infrastructure of Department of Defense. 

Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances 

Sec. 341. Treatment by Department of Defense of perfluoroalkyl substances and 

polyfluoroalkyl substances. 

Sec. 342. Extension of transfer authority for funding of study and assessment on 

health implications of per- and polyfluoroalkyl substances contamination 

in drinking water by Agency for Toxic Substances and Disease Registry. 

Sec. 343. Temporary moratorium on incineration by Department of Defense of 

perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film 

forming foam. 

Sec. 344. Review and guidance relating to prevention and mitigation of spills of 

aqueous film-forming foam. 

Sec. 345. Public disclosure of results of Department of Defense testing of water for 

perfluoroalkyl or polyfluoroalkyl substances. 

Sec. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam. 

Sec. 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances. 

Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances. 

Sec. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl 

substances at certain military installations. 

Subtitle E—Logistics and Sustainment 

Sec. 351. Mitigation of contested logistics challenges of the Department of Defense 

through reduction of operational energy demand. 

Sec. 352. Global bulk fuel management and delivery. 

Sec. 353. Test and evaluation of potential biobased solution for corrosion control 

and mitigation. 

Sec. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations. 

Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy. 

Sec. 356. Report and certification requirements regarding sustainment costs for 

fighter aircraft programs. 

Sec. 357. Comptroller General annual reviews of F–35 sustainment efforts. 

Subtitle F—Reports 

Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports. 

Sec. 362. Annual report on material readiness of Navy ships. 

Sec. 363. Incident reporting requirements for Department of Defense regarding lost 

or stolen weapons. 

Sec. 364. Strategy and annual report on critical language proficiency of special operations forces. 

Subtitle G—Other Matters 

Sec. 371. Military Aviation and Installation Assurance Clearinghouse matters. 

Sec. 372. Establishment of Joint Safety Council. 

Sec. 373. Improvements and clarifications related to military working dogs. 

Sec. 374. Extension of temporary authority to extend contracts and leases under 

the ARMS Initiative. 

Sec. 375. Authority to maintain access to category 3 subterranean training facility. 

Sec. 376. Accident Investigation Review Board. 

Sec. 377. Implementation of Comptroller General recommendations on preventing 

tactical vehicle training accidents. 

Sec. 378. Requirements relating to emissions control tactics, techniques, and procedures. 

Sec. 379. Management of fatigue among crew of naval surface ships and related improvements. 

Sec. 380. Authority for activities to improve next generation radar systems capabilities. 

Sec. 381. Pilot program on military working dog and explosives detection canine 

health and excellence. 

Sec. 382. Department of Defense response to military lazing incidents. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1625 

Subtitle A—Authorization of 

Appropriations 

SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2022 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, as specified in the 

funding table in section 4301. 

Subtitle B—Energy and Environment 

SEC. 311. INCLUSION OF IMPACTS ON MILITARY INSTALLATION RESILIENCE IN THE NATIONAL DEFENSE STRATEGY AND ASSOCIATED DOCUMENTS. 

(a) NATIONAL DEFENSE STRATEGY AND DEFENSE PLANNING

GUIDANCE.—Section 113(g) of title 10, United States Code, is 

amended— 

(1) in paragraph (1)(B)— 

(A) in clause (ii), by striking ‘‘actors,’’ and inserting 

‘‘actors, and the current or projected threats to military 

installation resilience,’’; and 

(B) by inserting after clause (ix), the following new 

clause: 

‘‘(x) Strategic goals to address or mitigate the current 

and projected risks to military installation resilience.’’; and 

(2) in paragraph (2)(A), in the matter preceding clause 

(i), by striking ‘‘priorities,’’ and inserting ‘‘priorities, including 

priorities relating to the current or projected risks to military 

installation resilience,’’. 

(b) NATIONAL DEFENSE SUSTAINMENT AND LOGISTICS REVIEW.— 

(1) IN GENERAL.—The first section 118a of such title is 

amended— 

(A) in subsection (a), by striking ‘‘capabilities,’’ and 

inserting ‘‘capabilities, response to risks to military 

installation resilience,’’; 

(B) by redesignating such section, as amended by 

subparagraph (A), as section 118b; and 

(C) by moving such section so as to appear after section 

118a. 

(2) CLERICAL AND CONFORMING AMENDMENTS.— (A) CLERICAL AMENDMENTS.—The table of sections for 

chapter 2 of such title is amended— 

(i) by striking the first item relating to section 

118a; and 

(ii) by inserting after the item relating to section 

118a the following new item: 

‘‘118b. National Defense Sustainment and Logistics Review.’’. 

(B) CONFORMING AMENDMENT.—Section 314(c) of the 

William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is 

amended by striking ‘‘section 118a’’ and inserting ‘‘section 

118b’’. 

10 USC 118b 

note. 

10 USC 111 prec. 


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135 STAT. 1626 PUBLIC LAW 117–81—DEC. 27, 2021 

(c) CHAIRMAN’S RISK ASSESSMENT.—Section 153(b)(2)(B) of title 

10, United States Code, is amended by inserting after clause (vi) 

the following new clause: 

‘‘(vii) Identify and assess risk resulting from, or likely 

to result from, current or projected effects on military 

installation resilience.’’. 

(d) STRATEGIC DECISIONS RELATING TO MILITARY INSTALLATIONS.—The Secretary of each military department, with respect 

to any installation under the jurisdiction of that Secretary, and 

the Secretary of Defense, with respect to any installation of the 

Department of Defense that is not under the jurisdiction of the 

Secretary of a military department, shall consider the strategic 

risks associated with military installation resilience. 

(e) NATIONAL DEFENSE STRATEGY AND NATIONAL MILITARY

STRATEGY.—The Secretary of Defense, in coordination with the 

heads of such other Federal agencies as the Secretary determines 

appropriate, shall incorporate the security implications of military 

installation resilience into the National Defense Strategy and the 

National Military Strategy. 

(f) NATIONAL SECURITY PLANNING DOCUMENTS.—The Secretary 

of Defense and the Chairman of the Joint Chiefs of Staff shall 

consider the security implications associated with military installation resilience in developing the Defense Planning Guidance under 

section 113(g)(2) of title 10, United States Code, the Risk Assessment of the Chairman of the Joint Chiefs of Staff under section 

153(b)(2) of such title, and other relevant strategy, planning, and 

programming documents and processes. 

(g) CAMPAIGN PLANS OF COMBATANT COMMANDS.—The Secretary of Defense shall ensure that the national security implications associated with military installation resilience are integrated 

into the campaign plans of the combatant commands. 

(h) REPORT ON SECURITY IMPLICATIONS ASSOCIATED WITH MILITARY INSTALLATION RESILIENCE.— 

(1) REPORT.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the 

House of Representatives a report describing how the aspects 

of military installation resilience have been incorporated into 

modeling, simulation, war-gaming, and other analyses by the 

Department of Defense. 

(2) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

(i) MODIFICATION TO ANNUAL REPORT RELATED TO INSTALLATIONS ENERGY MANAGEMENT, ENERGY RESILIENCE, AND MISSION

ASSURANCE AND READINESS.— 

(1) MODIFICATION.—Section 2925(a) of title 10, United 

States Code, is amended— 

(A) by redesignating paragraph (8) as paragraph (10); 

and 

(B) by inserting after paragraph (7) the following new 

paragraphs: 

‘‘(8) A description of the effects on military readiness, and 

an estimate of the financial costs to the Department of Defense, 

reasonably attributed to adverse impacts to military installation 

resilience during the year preceding the submission of the 

Cost estimate. 

Coordination. 

Determination. 

10 USC 2864 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1627 

report, including loss of or damage to military networks, systems, installations, facilities, and other assets and capabilities 

of the Department. 

‘‘(9) An assessment of vulnerabilities to military installation 

resilience.’’. 

(2) USE OF ASSESSMENT TOOL.—The Secretary shall use 

the Climate Vulnerability and Risk Assessment Tool of the 

Department (or such successor tool) in preparing each report 

under section 2925(a) of title 10, United States Code (as 

amended by paragraph (1)). 

(j) DEFINITIONS.—In this section: 

(1) The term ‘‘military installation resilience’’ has the 

meaning given that term in section 101(e) of title 10, United 

States Code. 

(2) The term ‘‘National Defense Strategy’’ means the 

national defense strategy under section 113(g)(1) of such title. 

(3) The term ‘‘National Military Strategy’’ means the 

national military strategy under section 153(b) of such title. 

SEC. 312. ENERGY EFFICIENCY TARGETS FOR DEPARTMENT OF 

DEFENSE DATA CENTERS. 

(a) ENERGY EFFICIENCY TARGETS FOR DATA CENTERS.— 

(1) IN GENERAL.—Subchapter I of chapter 173 of title 10, 

United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 2921. Energy efficiency targets for data centers 

‘‘(a) COVERED DATA CENTERS.—(1) For each covered data center, 

the Secretary of Defense shall— 

‘‘(A) develop a power usage effectiveness target for the 

data center, based on location, resiliency, industry standards, 

and best practices; 

‘‘(B) develop a water usage effectiveness target for the 

data center, based on location, resiliency, industry standards, 

and best practices; 

‘‘(C) develop other energy efficiency or water usage targets 

for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency 

goals; 

‘‘(D) identify potential renewable or clean energy resources, 

or related technologies such as advanced battery storage 

capacity, to enhance resiliency at the data center, including 

potential renewable or clean energy purchase targets based 

on the location of the data center; and 

‘‘(E) identify any statutory, regulatory, or policy barriers 

to meeting any target under any of subparagraphs (A) through 

(C). 

‘‘(2) The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by 

the Secretary of Energy. 

‘‘(3) In this subsection, the term ‘covered data center’ means 

a data center of the Department of Defense that— 

‘‘(A) is one of the 50 data centers of the Department with 

the highest annual power usage rates; and 

‘‘(B) has been established before the date of the enactment 

of this section. 

Definition. 

10 USC 2921. 

10 USC 2864 

note. 

10 USC 2925 

note. 

Assessment. 


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135 STAT. 1628 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(b) NEW DATA CENTERS.—(1) Except as provided in paragraph 

(2), in the case of any Department of Defense data center established 

on or after the date of the enactment of this section, the Secretary 

of Defense shall establish energy, water usage, and resiliencyrelated standards that the data center shall be required to meet 

based on location, resiliency, industry and Federal standards, and 

best practices. Such standards shall include— 

‘‘(A) power usage effectiveness standards; 

‘‘(B) water usage effectiveness standards; and 

‘‘(C) any other energy or resiliency standards the Secretary 

determines are appropriate. 

‘‘(2) The Secretary may waive the requirement for a Department 

data center established on or after the date of the enactment 

of this section to meet the standards established under paragraph 

(1) if the Secretary— 

‘‘(A) determines that such waiver is in the national security 

interest of the United States; and 

‘‘(B) submits to the Committee on Armed Services of the 

House of Representatives notice of such waiver and the reasons 

for such waiver.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such subchapter is amended by inserting after 

the item relating to section 2920 the following new item: 

‘‘2921. Energy efficiency targets for data centers.’’. 

(b) INVENTORY OF DATA FACILITIES.— (1) INVENTORY REQUIRED.—By not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall conduct an inventory of all data centers owned or operated 

by the Department of Defense. Such survey shall include the 

following: 

(A) A list of data centers owned or operated by the 

Department of Defense. 

(B) For each such data center, the earlier of the following dates: 

(i) The date on which the data center was established. 

(ii) The date of the most recent capital investment 

in new power, cooling, or compute infrastructure at 

the data center. 

(C) The total average annual power use, in kilowatts, 

for each such data center. 

(D) The number of data centers that measure power 

usage effectiveness and, for each such data center, the 

power usage effectiveness for the center. 

(E) The number of data centers that measure water 

usage effectiveness and, for each such data center, the 

water usage effectiveness for the center. 

(F) A description of any other existing energy efficiency 

or efficient water usage metrics used by any data center 

and the applicable measurements for any such center. 

(G) An assessment of the facility resiliency of each 

data center, including redundant power and cooling facility 

infrastructure. 

(H) Any other matters determined relevant by the 

Secretary. 

(c) REPORT.—Not later than 180 days after the completion 

of the inventory required under subsection (b), the Secretary of 

Assessment. 

List. 

Survey. 

Deadline. 

10 USC 2911 

prec. 

Notice. 

Determination. 

Waiver authority. 

Determination. 

Standards. 

Requirement. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1629 

Defense shall submit to the Committee on Armed Services of the 

House of Representatives a report on the inventory and the energy 

assessment targets under section 2921(a) of title 10, United States 

Code, as added by subsection (a). Such report shall include the 

following: 

(1) A timeline of necessary actions required to meet the 

energy assessment targets for covered data centers. 

(2) The estimated costs associated with meeting such targets. 

(3) An assessment of the business case for meeting such 

targets, including any estimated savings in operational energy 

and water costs and estimated reduction in energy and water 

usage if the targets are met. 

(4) An analysis of any statutory, regulatory, or policy barriers to meeting such targets identified pursuant to section 

2921(a)(E) of title 10, United States Code, as added by subsection (a). 

(d) DATA CENTER DEFINED.—In this section, the term ‘‘data 

center’’ has the meaning given such term in the most recent 

Integrated Data Collection guidance of the Office of Management 

and Budget. 

SEC. 313. GRANTS FOR MAINTAINING OR IMPROVING MILITARY 

INSTALLATION RESILIENCE. 

Section 2391 of title 10, United States Code, is amended— 

(1) in subsection (b)(5), by adding at the end the following 

new subparagraph: 

‘‘(D) The Secretary of Defense may also make grants, conclude 

cooperative agreements, and supplement other Federal funds, in 

order to assist a State or local government in planning, enhancing 

infrastructure, and implementing measures and projects (to include 

resilience measures and projects involving the protection, restoration, and maintenance of natural features) that, as determined 

by the Secretary of Defense, will contribute to maintaining or 

improving military installation resilience or will prevent or mitigate 

encroachment that could affect operations of the Department of 

Defense.’’; and 

(2) in subsection (e)(1), by striking ‘‘subsection (b)(1)(D)’’ 

and inserting ‘‘paragraphs (1)(D) and (E) and (5)(D) of subsection (b) and subsection (d)’’. 

SEC. 314. MAINTENANCE OF CURRENT ANALYTICAL TOOLS IN EVALUATING ENERGY RESILIENCE MEASURES. 

(a) IN GENERAL.—Section 2911 of title 10, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(i) ASSESSMENT OF LIFE-CYCLE COSTS AND PERFORMANCE OF

POTENTIAL ENERGY RESILIENCE PROJECTS.—(1) Subject to the availability of appropriations, the Secretary of Defense shall develop 

and institute a process to ensure that the Department of Defense, 

when evaluating energy resilience measures, uses analytical tools 

that are accurate and effective in projecting the costs and performance of such measures. 

‘‘(2) Analytical tools used under paragraph (1) shall be— 

‘‘(A) designed to— 

‘‘(i) provide an accurate projection of the costs and 

performance of the energy resilience measure being analyzed; 

‘‘(ii) be used without specialized training; and 

Analysis. 

Assessment. 

Cost estimate. 

Timeline. 


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135 STAT. 1630 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(iii) produce resulting data that is understandable 

and usable by the typical source selection official; 

‘‘(B) consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial 

industry; 

‘‘(C) adaptable to accommodate a rapidly changing technological environment; 

‘‘(D) peer reviewed for quality and precision and measured 

against the highest level of development for such tools; and 

‘‘(E) periodically reviewed and updated, but not less frequently than once every three years.’’. 

(b) REPORTING REQUIREMENT.—If amounts are appropriated 

to carry out the requirements under subsection (i) of section 2911 

of title 10, United States Code, as added by subsection (a), not 

later than September 30, 2022, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report on the execution by the 

Secretary of such requirements. 

SEC. 315. AUTHORITY TO TRANSFER AMOUNTS DERIVED FROM 

ENERGY COST SAVINGS. 

Section 2912 of title 10, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘until expended’’ and 

inserting ‘‘for that fiscal year and the succeeding fiscal year’’; 

and 

(2) by adding at the end the following new subsection: 

‘‘(e) TRANSFER OF AMOUNTS.—(1) The Secretary of Defense may 

transfer amounts described in subsection (a) that remain available 

for obligation to other funding accounts of the Department of 

Defense if the purpose for which such amounts will be used is 

a purpose specified in subsection (b) or (c). 

‘‘(2) Amounts transferred to a funding account of the Department under paragraph (1) shall be available for obligation for 

the same period as amounts in that account. 

‘‘(3) At the end of each fiscal year, the Secretary of Defense 

shall submit to Congress a report detailing any funds transferred 

pursuant to paragraph (1) during that fiscal year, including a 

detailed description of the purpose for which such amounts have 

been used.’’. 

SEC. 316. EXEMPTION FROM PROHIBITION ON USE OF OPEN-AIR BURN 

PITS IN CONTINGENCY OPERATIONS OUTSIDE THE UNITED 

STATES. 

Section 317(a) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2701 note) is 

amended by adding at the end the following new paragraphs: 

‘‘(3) EXEMPTION AUTHORITY FOR CERTAIN LOCATIONS.— ‘‘(A) IN GENERAL.—The Secretary may exempt a location from the prohibition under paragraph (1) if the Secretary determines it is in the paramount interest of the 

United States to do so. 

‘‘(B) NONDELEGATION.—The Secretary may not delegate 

the authority under subparagraph (A). 

‘‘(4) REPORTING REQUIREMENT FOR LOCATION EXEMPTIONS.— 

‘‘(A) IN GENERAL.—Not later than 30 days after 

granting an exemption pursuant to paragraph (3)(A) with 

respect to the use of an open-air burn pit at a location, 

the Secretary shall submit to the Committees on Armed 

Determination. 

Reports. 

Time period. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1631 

Services of the Senate and the House of Representatives 

a written report that identifies— 

‘‘(i) the location of the open-air burn pit; 

‘‘(ii) the number of personnel of the United States 

assigned to the location where the open-air burn pit 

is being used; 

‘‘(iii) the size and expected duration of use of the 

open-air burn pit; 

‘‘(iv) the personal protective equipment or other 

health risk mitigation efforts that will be used by 

members of the armed forces when airborne hazards 

are present, including how such equipment will be 

provided when required; and 

‘‘(v) the need for the open-air burn pit and rationale 

for granting the exemption. 

‘‘(B) FORM.—A report submitted under subparagraph 

(A) shall be submitted in unclassified form, but may include 

a classified annex.’’. 

SEC. 317. EXPANSION OF PURPOSES OF SENTINEL LANDSCAPES PARTNERSHIP PROGRAM TO INCLUDE RESILIENCE. 

(a) IN GENERAL.—Section 317 of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 

U.S.C. 2684a note) is amended— 

(1) in subsection (a), in the first sentence, by inserting 

‘‘and restore’’ after ‘‘to preserve’’; 

(2) in subsection (c)— 

(A) by inserting ‘‘resilience,’’ after ‘‘benefit of conservation,’’; and 

(B) by inserting ‘‘, resilience,’’ after ‘‘land management’’; 

(3) in subsection (d), in the second sentence, by inserting 

‘‘by an eligible landowner or agricultural producer’’ after 

‘‘Participation’’; 

(4) by redesignating subsection (e) as subsection (f); 

(5) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) PARTICIPATION BY OTHER AGENCIES.—Other Federal agencies with programs addressing conservation or resilience may, and 

are encouraged to— 

‘‘(1) participate in the activities of the Sentinel Landscapes 

Partnership; and 

‘‘(2) become full partners in the Sentinel Landscapes Partnership.’’; and 

(6) in subsection (f), as redesignated by paragraph (4), 

by adding at the end the following new paragraph: 

‘‘(4) RESILIENCE.—The term ‘resilience’ means the capability to avoid, prepare for, minimize the effect of, adapt to, 

and recover from extreme weather events, flooding, wildfire, 

or other anticipated or unanticipated changes in environmental 

conditions.’’. 

(b) INCLUSION OF PROGRAM INFORMATION IN CERTAIN ANNUAL

REPORTS.—Section 2684a(g)(2) of title 10, United States Code, is 

amended— 

(1) by redesignating subparagraph (E) as subparagraph 

(F); and 

(2) by inserting after subparagraph (D) the following new 

subparagraph: 

Definition. 


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‘‘(E) Information concerning the activities undertaken 

pursuant to the Sentinel Landscapes Partnership established 

under section 317 of the National Defense Authorization Act 

for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a 

note).’’. 

(c) CONSERVATION AND CULTURAL ACTIVITIES.—Section 2694 

of title 10, United States Code, is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by inserting ‘‘or involves 

a sentinel landscape’’ before the semicolon; and 

(ii) in subparagraph (B), by inserting ‘‘or that 

would contribute to maintaining or improving military 

installation resilience’’ before the semicolon; and 

(B) in paragraph (2)— 

(i) in subparagraph (A), by inserting ‘‘or naturebased climate resilience plans’’ before the period; and 

(ii) in subparagraph (F)— 

(I) in clause (i)— 

(aa) by striking ‘‘single ecosystem that 

encompasses’’ and inserting ‘‘single ecosystem— 

‘‘(I) that encompasses’’; 

(bb) by redesignating clause (ii) as subclause (II) and moving such subclause, as so 

redesignated, two ems to the right; and 

(cc) in subclause (II), as redesignated by 

item (bb), by striking the period at the end 

and inserting ‘‘; or’’; and 

(II) by adding at the end the following new 

clause (ii): 

‘‘(ii) for one or more ecosystems within a sentinel landscape.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(e) SENTINEL LANDSCAPE DEFINED.—In this section, the term 

‘sentinel landscape’ has the meaning given that term in section 

317(f) of the National Defense Authorization Act for Fiscal Year 

2018 (Public Law 115–91; 10 U.S.C. 2684a note).’’. 

SEC. 318. INSPECTION OF PIPING AND SUPPORT INFRASTRUCTURE 

AT RED HILL BULK FUEL STORAGE FACILITY, HAWAI‘I. 

(a) SENSE OF CONGRESS.—In order to fully effectuate national 

security, assure the maximum safe utilization of the Red Hill Bulk 

Fuel Storage Facility in Honolulu, Hawai‘i, and fully address concerns as to potential impacts of the facility on public health, it 

is the sense of Congress that the Secretary of the Navy and the 

Defense Logistics Agency should— 

(1) operate and maintain the Red Hill Bulk Fuel Storage 

Facility to the highest standard possible; and 

(2) require safety inspections to be conducted more frequently based on the corrosion rate of the piping and overall 

condition of the pipeline system and support equipment at 

the facility. 

(b) INSPECTION REQUIREMENT.— 

(1) INSPECTION REQUIRED.—The Secretary of the Navy shall 

direct the Naval Facilities Engineering Command to conduct 

an inspection of the pipeline system, supporting infrastructure, 


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and appurtenances, including valves and any other corrosion 

prone equipment, at the Red Hill Bulk Fuel Storage Facility. 

(2) INSPECTION AGENT; STANDARDS.—The inspection 

required by this subsection shall be performed— 

(A) by an independent American Petroleum Institute 

certified inspector who will present findings of the inspection and options to the Secretary of the Navy for improving 

the integrity of the Red Hill Bulk Fuel Storage Facility 

and its appurtenances; and 

(B) in accordance with the Unified Facilities Criteria 

(UFC-3-460-03) and American Petroleum Institute 570 

inspection standards. 

(3) EXCEPTION.—The inspection required by this subsection 

excludes the fuel tanks at the Red Hill Bulk Fuel Storage 

Facility. 

(c) LIFE-CYCLE SUSTAINMENT PLAN.—In conjunction with the 

inspection required by subsection (b), the Naval Facilities 

Engineering Command shall prepare a life-cycle sustainment plan 

for the Red Hill Bulk Fuel Storage Facility, which shall consider 

the current condition and service life of the tanks, pipeline system, 

and support equipment. 

(d) CONSIDERATION OF ALTERNATIVES TO RED HILL BULK FUEL

STORAGE FACILITY.—The Secretary of Defense shall conduct an 

assessment of possible alternatives to the Red Hill Bulk Fuel Storage Facility for bulk fuel storage, including consideration of at 

least three locations outside of the State of Hawai‘i. The assessment 

shall be based on the overall requirement to support the fuel 

requirements of the Pacific Fleet, the costs and timeline for 

recapitalization of the Red Hill Bulk Fuel Storage Facility to the 

standards delineated in subsection (b)(2)(B), and the costs and 

timeline to establish an alternative location for secure bulk fuel 

storage. 

(e) REPORTING REQUIREMENT.—Not later than one year after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report containing— 

(1) the results of the independent inspection of the Red 

Hill Bulk Fuel Storage Facility conducted under subsection 

(b); 

(2) the life-cycle sustainment plan prepared by the Naval 

Facilities Engineering Command under subsection (c); 

(3) the results of the assessment conducted by the Secretary 

under subsection (d) of possible alternatives to the Red Hill 

Bulk Fuel Storage Facility; and 

(4) options on improving the security and maintenance 

of the Red Hill Bulk Fuel Storage Facility. 

SEC. 319. ENERGY, WATER, AND WASTE NET-ZERO REQUIREMENT FOR 

MAJOR MILITARY INSTALLATIONS. 

(a) REQUIREMENT.—The Secretary of Defense shall improve 

military installation efficiency, performance, and management by 

ensuring that at least 10 percent of major military installations 

achieve energy net-zero and water or waste net-zero by fiscal year 

2035. 

(b) STUDY ON REQUIREMENT.— (1) STUDY.—Not later than 60 days after the date of the 

enactment of this Act, the Secretary shall seek to enter into 

Contracts. 

Assessments. 

10 USC 2911 

note. 

Deadlines. 

Plan. 

Assessment. 


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a contract with a federally funded research and development 

center to carry out a study on the net-zero requirement specified 

in subsection (a) that assesses, at a minimum, the following: 

(A) Potential methods or strategies to achieve such 

requirement by the fiscal year 2035 deadline. 

(B) The resiliency of major military installations subject to such requirement with respect to grid or other 

utility disruptions. 

(C) The life-cycle costs related to such requirement. 

(D) Computation methods for determining such lifecycle costs. 

(E) Such other matters as the federally funded research 

and development center carrying out the study determines 

appropriate. 

(2) DEADLINE.—The study under paragraph (1) shall be 

completed by not later than February 1, 2023. 

(3) BRIEFING.—Upon completion of the study under paragraph (1), the Secretary shall provide to the Committees on 

Armed Services of the House of Representatives and Senate 

a briefing on the findings of the study. 

(c) STATUS REPORT AND BRIEFINGS ON PROGRESS TOWARD

MEETING CURRENT GOAL REGARDING USE OF RENEWABLE ENERGY

TO MEET FACILITY ENERGY NEEDS.— 

(1) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary shall submit to the 

Committees on Armed Services of the House of Representatives 

and Senate a report on the progress the Secretary has made 

toward meeting the goal described in section 2911(g)(1)(A) of 

title 10, United States Code, with respect to fiscal year 2025. 

(2) BRIEFINGS.—During fiscal year 2022 and each succeeding fiscal year through fiscal year 2025, the Secretary 

shall provide to the Committees on Armed Services of the 

House of Representatives and Senate a briefing on the progress 

the Secretary has made toward meeting the goal described 

in section 2911(g)(1)(A) of title 10, United States Code, with 

respect to fiscal year 2025. 

(d) MAJOR MILITARY INSTALLATION DEFINED.—In this section, 

the term ‘‘major military installation’’ has the meaning given to 

the term ‘‘large site’’ in the most recent version of the Department 

of Defense Base Structure Report issued before the date of the 

enactment of this Act. 

SEC. 320. DEMONSTRATION PROGRAM ON DOMESTIC PRODUCTION OF 

RARE EARTH ELEMENTS FROM COAL BYPRODUCTS. 

(a) DEMONSTRATION PROGRAM REQUIRED.—Not later than 120 

days after the date of the enactment of this Act, the Secretary 

of Defense shall commence carrying out a demonstration program 

on recovering rare earth elements and critical minerals from acid 

mine drainage and other coal byproducts. 

(b) PARTNERSHIP.—In carrying out the demonstration program 

required by subsection (a), the Secretary shall seek to enter into 

a partnership with one or more institutions of higher education 

that can demonstrate techniques for recovering rare earth elements 

and critical minerals from acid mine drainage and other coal 

byproducts, as the Secretary considers applicable. 

(c) ELEMENTS.—The demonstration program required by subsection (a) shall address the following: 

Deadline. 

10 USC 4811 

note. 

10 USC 2911 

note. 

Time period. 

Determination. 


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(1) The efficacy of separating rare earth elements and 

critical minerals from acid mine drainage. 

(2) The feasibility of bringing such technology to commercialized scale. 

(3) Domestic locations that are appropriate for the deployment of such technology. 

(4) The ability of such technology to meet the requirements 

of the defense industrial base to supplement the rare earth 

element and critical mineral needs of the Department of 

Defense. 

(d) DURATION.—The demonstration program required by subsection (a) shall be carried out during the one-year period beginning 

on the date of the commencement of the demonstration program. 

(e) BRIEFING.—Not later than 120 days after the date of the 

completion of the demonstration program required by subsection 

(a), the Secretary and the program manager of the institute of 

higher education with whom the Secretary partners pursuant to 

subsection (b) shall provide to the Committees on Armed Services 

of the Senate and the House of Representatives a briefing on 

the elements of the demonstration program set forth under subsection (c). 

SEC. 321. LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT 

PROGRAM. 

(a) ESTABLISHMENT OF INITIATIVE.—Not later than March 1, 

2022, the Secretary of Defense shall establish a demonstration 

initiative composed of demonstration projects focused on the 

development of long-duration energy storage technologies. 

(b) SELECTION OF PROJECTS.—To the maximum extent practicable, in selecting demonstration projects to participate in the 

demonstration initiative under subsection (a), the Secretary of 

Defense shall— 

(1) ensure a range of technology types; 

(2) ensure regional diversity among projects; and 

(3) consider bulk power level, distribution power level, 

behind-the-meter, microgrid (grid-connected or islanded mode), 

and off-grid applications. 

(c) JOINT PROGRAM.— 

(1) ESTABLISHMENT.—As part of the demonstration initiative under subsection (a), the Secretary of Defense, in consultation with the Secretary of Energy, shall establish within the 

Department of Defense a joint program to carry out projects— 

(A) to demonstrate promising long-duration energy 

storage technologies at different scales to promote energy 

resiliency; and 

(B) to help new, innovative long-duration energy storage technologies become commercially viable. 

(2) MEMORANDUM OF UNDERSTANDING.—Not later than 180 

days after the date of the enactment of this Act, the Secretary 

of Defense shall enter into a memorandum of understanding 

with the Secretary of Energy to administer the joint program. 

(3) INFRASTRUCTURE.—In carrying out the joint program, 

the Secretary of Defense and the Secretary of Energy shall— 

(A) use existing test-bed infrastructure at— 

(i) installations of the Department of Defense; and 

(ii) facilities of the Department of Energy; and 

Deadline. 

Consultation. 

Deadline. 

10 USC 2911 

note. 

Deadline. 

Time period. 


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(B) develop new infrastructure for identified projects, 

if appropriate. 

(4) GOALS AND METRICS.—The Secretary of Defense and 

the Secretary of Energy shall develop goals and metrics for 

technological progress under the joint program consistent with 

energy resilience and energy security policies. 

(5) SELECTION OF PROJECTS.— (A) IN GENERAL.—To the maximum extent practicable, 

in selecting projects to participate in the joint program, 

the Secretary of Defense and the Secretary of Energy may— 

(i) ensure that projects are carried out under conditions that represent a variety of environments with 

different physical conditions and market constraints; 

and 

(ii) ensure an appropriate balance of— 

(I) larger, operationally-scaled projects, 

adapting commercially-proven technology that 

meets military service defined requirements; and 

(II) smaller, lower-cost projects. 

(B) PRIORITY.—In carrying out the joint program, the 

Secretary of Defense and the Secretary of Energy shall 

give priority to demonstration projects that— 

(i) make available to the public project information 

that will accelerate deployment of long-duration energy 

storage technologies that promote energy resiliency; 

and 

(ii) will be carried out as field demonstrations fully 

integrated into the installation grid at an operational 

scale. 

SEC. 322. PILOT PROGRAM TO TEST NEW SOFTWARE TO TRACK EMISSIONS AT CERTAIN MILITARY INSTALLATIONS. 

(a) IN GENERAL.—The Secretary of Defense may conduct a 

pilot program (to be known as the ‘‘Installations Emissions Tracking 

Program’’) to evaluate the feasibility and effectiveness of software 

and emerging technologies and methodologies to track real-time 

emissions from military installations and installation assets. 

(b) GOALS.—The goals of the Installations Emissions Tracking 

Program shall be— 

(1) to evaluate the capabilities of software and emerging 

technologies and methodologies to effectively track emissions 

in real time; and 

(2) to reduce energy costs and increase efficiencies. 

(c) LOCATIONS.—If the Secretary conducts the Installations 

Emissions Tracking Program, the Secretary shall select, for purposes of the Program, four major military installations located 

in different geographical regions of the United States. 

SEC. 323. DEPARTMENT OF DEFENSE PLAN TO REDUCE GREENHOUSE 

GAS EMISSIONS. 

(a) PLAN REQUIRED.—Not later than September 30, 2022, the 

Secretary of Defense shall submit to Congress a plan to reduce 

the greenhouse gas emissions of the Department of Defense. 

(b) BRIEFINGS.—The Secretary shall provide to the Committees 

on Armed Services of the House of Representatives and the Senate 

annual briefings on the progress of the Department of Defense 

toward meeting science-based emissions targets in the plan required 

by subsection (a). 

Deadline. 

10 USC 2911 

note. 

Evaluations. 

10 USC 2911 

note. 

Public 

information. 


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Subtitle C—National Security Climate 

Resilience 

SEC. 331. DEFINITIONS. 

In this subtitle: 

(1) The terms ‘‘climate resilience’’ and ‘‘extreme weather’’ 

have the meanings given such terms in section 101(a) of title 

10, United States Code, as amended by section 332. 

(2) The term ‘‘climate security’’ has the meaning given 

such term in the second subsection (e) of section 120 of the 

National Security Act of 1947 (50 U.S.C. 3060(e)). 

(3) The term ‘‘military installation resilience’’ has the 

meaning given such term in section 101(e) of title 10, United 

States Code. 

SEC. 332. CLIMATE RESILIENCE INFRASTRUCTURE INITIATIVE OF THE 

DEPARTMENT OF DEFENSE. 

(a) CLIMATE RESILIENCE INFRASTRUCTURE INITIATIVE.—Chapter 

136 of title 10, United States Code, is amended by adding at 

the end the following new section: 

‘‘§ 2285. Department of Defense Climate Resilience Infrastructure Initiative 

‘‘(a) DESIGNATION.—The programs, practices, and activities carried out pursuant to this section shall be known collectively as 

the ‘Climate Resilience Infrastructure Initiative of the Department 

of Defense’. 

‘‘(b) HARDENING AND QUICK RECOVERY.—In carrying out military installation resilience plans pursuant to section 2864 of this 

title, the Secretary of Defense shall ensure that the development 

by the Department of Defense of requirements for backup utilities, 

communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts 

of extreme weather. 

‘‘(d) SUSTAINMENT AND MODERNIZATION.—The Secretary shall 

develop sustainment and modernization requirements for facilities 

of the Department in connection with climate resilience. 

‘‘(e) COLLABORATION IN PLANNING WITH LOCAL COMMUNITIES.— 

The Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local 

communities, and in addition to the requirements of section 2864(c) 

of this title, a framework that authorizes and directs installation 

commanders to engage with State, regional, and local agencies, 

and with local communities, on planning for climate resilience, 

to enhance efficient response to impacts of extreme weather and 

secure collaborative investment in infrastructure that is resilient 

to the current and projected impacts of extreme weather. 

‘‘(f) TESTING AND TRAINING RANGE LANDS.— 

‘‘(1) PRACTICES FOR SUSTAINMENT OF LANDS.—The Secretary 

shall develop and implement practices to sustain the lands 

of the military testing and training ranges of the Department, 

and the lands of testing and training ranges on State-owned 

National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of 

extreme weather to ensure the ongoing availability of such 

Requirements. 

Requirements. 

10 USC 2285. 

10 USC 113 note. 


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lands to military personnel, weapon systems, and equipment 

for testing and training purposes. 

‘‘(2) TRAINING AND EDUCATION ON SUSTAINMENT OF

LANDS.—The Secretary shall develop a program of training 

and education for members of the Armed Forces (including 

the reserve components) on the importance of the sustainment 

of the lands of the military testing and training ranges as 

described in paragraph (1). 

‘‘(3) INVESTMENT IN RESILIENCE OF LANDS.—The Secretary 

shall use existing programs of the Department, including the 

Readiness and Environmental Protection Integration Program 

of the Department (or such successor program), to provide 

for investments determined appropriate by the Secretary in 

the lands of the military testing and training ranges, to increase 

the resilience and adaptation of such lands to the current 

and projected impacts of extreme weather for testing and 

training purposes in connection with current and projected 

testing and training requirements in the short- and long-term. 

‘‘(b) USE OF CERTAIN TECHNOLOGIES.—The Secretary shall take 

appropriate actions to increase the use of low emission, emissionfree, and net-zero-emission energy technologies in the operations, 

programs, projects, and activities of the Department, provided the 

use is cost effective over the life-cycle of the investment.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘2285. Department of Defense Climate Resilience Infrastructure Initiative.’’. 

(c) DEFINITIONS.—Section 101(a) of title 10, United States Code, 

is amended by adding at the end the following new paragraphs: 

‘‘(19) The term ‘climate resilience’ means the capability 

to avoid, prepare for, minimize the effect of, adapt to, and 

recover from, extreme weather, or from anticipated or unanticipated changes in environmental conditions, that do (or have 

the potential to) adversely affect the national security of the 

United States or of allies and partners of the United States. 

‘‘(20) The term ‘extreme weather’ means recurrent flooding, 

drought, desertification, wildfires, thawing permafrost, sea level 

fluctuation, changes in mean high tides, or any other weatherrelated event, or anticipated change in environmental conditions, that present (or are projected to present) a recurring 

annual threat to the climate security of the United States 

or of allies and partners of the United States.’’. 

SEC. 333. INCLUSION OF INFORMATION REGARDING EXTREME 

WEATHER AND CYBER ATTACKS OR DISRUPTIONS IN 

REPORTS ON NATIONAL TECHNOLOGY AND INDUSTRIAL 

BASE. 

Section 2504(3)(B) of title 10, United States Code, is amended 

by inserting ‘‘(including vulnerabilities related to the current and 

projected impacts of extreme weather and to cyber attacks or disruptions)’’ after ‘‘industrial base’’. 

SEC. 334. CLIMATE RESILIENCE IN PLANNING, ENGAGEMENT STRATEGIES, INFRASTRUCTURE, AND FORCE DEVELOPMENT OF 

DEPARTMENT OF DEFENSE. 

(a) CLIMATE CHALLENGES AND CLIMATE RESILIENCE IN KEY

PROCESSES OF DEPARTMENT OF DEFENSE.—The Secretary of Defense 

10 USC 113 note. 

10 USC 2281 

prec. 


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shall direct that the acquisition, budget planning and execution, 

infrastructure planning and sustainment, force development, 

engagement strategy development, security assistance, and other 

core processes of the Department of Defense fully consider and 

make needed adjustments to account for current and emerging 

climate and environmental challenges and to ensure the climate 

resilience of assets and capabilities of the Department, to include 

cost effectiveness over the life cycle of the investment weighed 

against threat reduction. 

(b) CLIMATE RESILIENCE MISSION IMPACT ASSESSMENT.— 

(1) IN GENERAL.—The Secretary shall conduct a mission 

impact assessment on climate resilience for the Department. 

(2) ELEMENTS.—The assessment conducted under paragraph (1) shall include the following: 

(A) An assessment of the direct impacts of extreme 

weather on the deployment and operations of the Armed 

Forces, and the manner in which extreme weather may 

impact the requirements of the commanders of the combatant commands in the respective areas of responsibility 

of such commanders, including— 

(i) an assessment of the evolving posture of peer 

competitors and impacts to deployment and operations 

of peer competitors due to extreme weather; 

(ii) an assessment of the impacts of expanding 

requirements for Department humanitarian assistance 

and disaster response due to extreme weather; 

(iii) a threat assessment of the impacts of extreme 

weather, drought, and desertification on regional stability; 

(iv) an assessment of risks to home station strategic and operational support area readiness, including 

the strategic highway network, the strategic rail network, and strategic air and sea ports; and 

(v) the development of standards for data collection 

to assist decision-making processes for research, 

development, and acquisition priorities for installation 

and infrastructure resilience to extreme weather. 

(B) A long-term strategic plan, including war games 

and exercises, centered on climate-driven crises, and a longterm assessment of climate security by the Office of Net 

Assessment of the Department. 

(C) A review outlining near-term and long-term needs 

for research, development, and deployment for equipment 

and other measures required to assure the resilience of 

the assets and capabilities of the Department and each 

component thereof, and of key elements of the defense 

industrial base and supporting transportation networks, 

to the impacts of extreme weather. 

(c) REPORTS.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, and every five years thereafter, 

the Chairman of the Joint Chiefs of Staff shall submit to 

the Committees on Armed Services of the Senate and the 

House of Representatives a report on the broader strategic 

and operational impacts of extreme weather on the Department, 

Time period. 

Review. 

Standards. 

Data. 


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measures to address such impacts, and progress in implementing new technologies and platforms, training and education methods, and data collection and dissemination for each 

military department to meet the respective mission requirements of the department. 

(2) RESEARCH, DEVELOPMENT, AND DEPLOYMENT NEEDS.— 

Each report required by paragraph (1) shall identify research, 

development, and deployment needs for each combatant command and functional command. 

SEC. 335. ASSESSMENT OF CLIMATE RISKS TO INFRASTRUCTURE OF 

DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—The Secretary of Defense shall direct the 

Secretary of each military department to— 

(1) assess the vulnerability of installations and other facilities under the jurisdiction of such Secretary, and of Stateowned National Guard installations, to the current and projected impacts of extreme weather, using vulnerability and 

risk assessment tools chosen or developed pursuant to section 

326 of the National Defense Authorization Act for Fiscal Year 

2020 (Public Law 116–92; 133 Stat. 1310); 

(2) assess the infrastructure required for successful operation of such installations and facilities in response to any 

such vulnerabilities and ensure the military installation resilience of such installations and facilities; and 

(3) develop installation-specific plans pursuant to section 

2864(c) of title 10, United States Code, and similar plans for 

State-owned National Guard installations, to address such 

vulnerabilities. 

(b) FACILITY ASSESSMENT.—In carrying out subsection (a), the 

Secretary of each military department shall determine the needs 

of the military installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, based on the level of risks posed by the current and projected 

impacts of extreme weather, the likelihood of such risks, and the 

role of such installations and facilities in maintaining overall readiness and operational capability. 

(c) CONSIDERATIONS.—In carrying out the assessments and 

developing the plans required under this section, the Secretary 

of Defense shall ensure that the cost effectiveness over the lifecycle of the investment, and the feasibility of solutions and technologies, are considered. 

Subtitle D—Treatment of Perfluoroalkyl 

Substances and Polyfluoroalkyl Substances 

SEC. 341. TREATMENT BY DEPARTMENT OF DEFENSE OF 

PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL 

SUBSTANCES. 

(a) IN GENERAL.—Chapter 160 of title 10, United States Code, 

is amended by adding at the end the following new sections: 

Determination. 


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‘‘§ 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force 

‘‘(a) IN GENERAL.—The Secretary of Defense shall establish 

a task force to address the effects of the release of perfluoroalkyl 

substances and polyfluoroalkyl substances from activities of the 

Department of Defense (in this section referred to as the ‘PFAS 

Task Force’). 

‘‘(b) MEMBERSHIP.—The members of the PFAS Task Force are 

the following: 

‘‘(1) The Assistant Secretary of Defense for Energy, Installations, and Environment. 

‘‘(2) The Assistant Secretary of the Army for Installations, 

Energy, and Environment. 

‘‘(3) The Assistant Secretary of the Navy for Energy, 

Installations, and Environment. 

‘‘(4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. 

‘‘(5) The Assistant Secretary of Defense for Health Affairs. 

‘‘(c) CHAIRMAN.—The Assistant Secretary of Defense for Energy, 

Installations, and Environment shall be the chairman of the PFAS 

Task Force. 

‘‘(d) SUPPORT.—The Under Secretary of Defense for Personnel 

and Readiness and such other individuals as the Secretary of 

Defense considers appropriate shall support the activities of the 

PFAS Task Force. 

‘‘(e) DUTIES.—The duties of the PFAS Task Force are the following: 

‘‘(1) Monitoring the health aspects of exposure to 

perfluoroalkyl substances and polyfluoroalkyl substances, as 

found by the Secretary of Health and Human Services. 

‘‘(2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl 

substances or polyfluoroalkyl substances. 

‘‘(3) Coordinating within the Department of Defense with 

respect to mitigating the effects of the release of perfluoroalkyl 

substances and polyfluoroalkyl substances. 

‘‘(4) Assessing the perceptions of Congress and the public 

of the efforts of the Department of Defense with respect to 

mitigating the effects of the release of perfluoroalkyl substances 

and polyfluoroalkyl substances from activities of the Department. 

‘‘(f) REPORT.—Not later than 90 days after the date of the 

enactment of the National Defense Authorization Act for Fiscal 

Year 2022, and quarterly thereafter, the Chairman of the PFAS 

Task Force shall submit to Congress a report on the activities 

of the task force. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘perfluoroalkyl substance’ means a man-made 

chemical of which all of the carbon atoms are fully fluorinated 

carbon atoms. 

‘‘(2) The term ‘polyfluoroalkyl substance’ means a manmade chemical containing a mix of fully fluorinated carbon 

atoms, partially fluorinated carbon atoms, and nonfluorinated 

carbon atoms. 

Time period. 

Assessment. 

Coordination. 

Establishment. 

10 USC 2714. 


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‘‘§ 2715. Testing for perfluoroalkyl substances and 

polyfluoroalkyl substances at military installations 

and facilities of the National Guard 

‘‘(a) IN GENERAL.—Not later than two years after the date 

of the enactment of the National Defense Authorization Act for 

Fiscal Year 2022, the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations 

and facilities of the National Guard located in the United States 

that are identified as of March 31, 2021, as having a release 

of perfluoroalkyl substances or polyfluoroalkyl substances. 

‘‘(b) DETERMINATION OF CONTAMINATION.—Testing conducted 

under subsection (a) at a military installation or facility of the 

National Guard shall determine— 

‘‘(1) whether the installation or facility has contamination 

from a perfluoroalkyl substance or polyfluoroalkyl substance; 

and 

‘‘(2) whether activities in connection with such installation 

or facility have caused contamination from a perfluoroalkyl 

substance or polyfluoroalkyl substance outside of such installation or facility. 

‘‘(c) ADDITIONAL RESPONSE ACTIONS.—Testing conducted under 

subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance 

or polyfluoroalkyl substance. 

‘‘(d) TYPE OF TESTING.—When testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any 

other provision of law, the Secretary shall use a method to measure 

for all perfluoroalkyl substances or polyfluoroalkyl substances in 

drinking water that has been validated by the Administrator of 

the Environmental Protection Agency. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘military installation’ has the meaning given 

such term in section 2801(c)(4) of this title. 

‘‘(2) The terms ‘perfluoroalkyl substance’ and 

‘polyfluoroalkyl substance’ have the meanings given such terms 

in section 2714 of this title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for such 

chapter is amended by adding at the end the following new items: 

‘‘2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force. 

‘‘2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard.’’. 

(c) REPORTS ON STATUS OF TESTING.— (1) SUBMISSION.—For each of fiscal years 2022 through 

2024, the Secretary shall submit to the Committees on Armed 

Services of the House of Representatives and the Senate a 

report on the status of the testing conducted under section 

2715(a) of title 10, United States Code (as added by subsection 

(a)), during such year. 

(2) MATTERS.—Each report submitted under paragraph (1) 

shall identify, with respect to testing conducted under such 

section 2715(a)— 

(A) each military installation or facility where testing 

has been completed; 

(B) each military installation or facility where testing 

has not yet been completed; 

Time period. 

10 USC 2700 

prec. 

Deadline. 

Assessment. 

Effective date. 

10 USC 2715. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1643 

(C) the projected completion date for testing at military 

installations or facilities where testing has not yet been 

completed; 

(D) the results of testing at military installations or 

facilities where testing has been completed; and 

(E) the actions planned, and the projected timelines 

for such actions, for each military installation or facility 

to address contamination by a perfluoroalkyl substance 

or polyfluoroalkyl substance. 

(3) TIMING.—Each report under paragraph (1) shall be submitted not later than January 1 of the fiscal year immediately 

following the fiscal year covered by the report. 

(4) LIMITATION ON DELEGATION.—The Secretary may delegate the responsibility for preparing the reports required by 

paragraph (1) only to the Deputy Secretary of Defense. 

(5) DEFINITIONS.—In this subsection, the terms ‘‘military 

installation’’, ‘‘perfluoroalkyl substance’’, and ‘‘polyfluoroalkyl 

substance’’ have the meanings given such terms in section 

2715 of title 10, United States Code (as added by subsection 

(a)). 

SEC. 342. EXTENSION OF TRANSFER AUTHORITY FOR FUNDING OF 

STUDY AND ASSESSMENT ON HEALTH IMPLICATIONS OF 

PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY. 

Section 316(a)(2)(B)(ii) of the National Defense Authorization 

Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350), 

as amended by section 315(a) of the John S. McCain National 

Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 

232; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1307), 

and section 337 of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283), is further amended by striking ‘‘fiscal years 2019, 2020, and 

2021’’ and inserting ‘‘fiscal years 2019 through 2023’’. 

SEC. 343. TEMPORARY MORATORIUM ON INCINERATION BY DEPARTMENT OF DEFENSE OF PERFLUOROALKYL SUBSTANCES, 

POLYFLUOROALKYL SUBSTANCES, AND AQUEOUS FILM 

FORMING FOAM. 

(a) TEMPORARY MORATORIUM.—Beginning not later than 120 

days after the date of the enactment of this Act, the Secretary 

of Defense shall prohibit the incineration of covered materials until 

the earlier of the following: 

(1) The date on which the Secretary issues guidance implementing— 

(A) the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published 

by the Administrator of the Environmental Protection 

Agency under section 7361 of the National Defense 

Authorization Act for Fiscal Year 2020 (15 U.S.C. 8961); 

and 

(B) section 330 of the National Defense Authorization 

Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 

2701 note). 

(2) The date on which the Administrator of the Environmental Protection Agency publishes in the Federal Register Federal Register, 

publication. 

Time period. 

10 USC 2701 

note. 

134 Stat. 3533. 

Timelines. 


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135 STAT. 1644 PUBLIC LAW 117–81—DEC. 27, 2021 

a final rule regarding the destruction and disposal of such 

materials pursuant to such section. 

(b) REQUIRED ADOPTION OF FINAL RULE.—Upon publication 

of the final rule specified in subsection (a)(2), the Secretary shall 

adopt such final rule, regardless of whether the Secretary previously 

implemented the interim guidance specified in subsection (a)(1)(A). 

(c) REPORT.—Not later than one year after the enactment of 

this Act, and annually thereafter for three years, the Secretary 

shall submit to the Administrator and the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on all incineration by the Department of Defense of covered materials during the year covered by the report, including— 

(1) the total amount of covered materials incinerated; 

(2) the temperature range specified in the permit where 

the covered materials were incinerated; 

(3) the locations and facilities where the covered materials 

were incinerated; 

(4) details on actions taken by the Department of Defense 

to implement section 330 of the National Defense Authorization 

Act for Fiscal Year 2020; and 

(5) recommendations for the safe storage of PFAS and 

PFAS-containing materials prior to destruction and disposal. 

(d) SCOPE.—The prohibition in subsection (a) and reporting 

requirements in subsection (c) shall apply not only to materials 

sent directly by the Department of Defense to an incinerator, but 

also to materials sent to another entity or entities, including any 

waste processing facility, subcontractor, or fuel blending facility, 

prior to incineration. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘AFFF’’ means aqueous film forming foam. 

(2) The term ‘‘covered material’’ means any AFFF formulation containing PFAS, material contaminated by AFFF release, 

or spent filter or other PFAS-contaminated material resulting 

from site remediation or water filtration that— 

(A) has been used by the Department of Defense or 

a military department; 

(B) is being discarded for disposal by the Department 

of Defense or a military department; or 

(C) is being removed from sites or facilities owned 

or operated by the Department of Defense. 

(3) The term ‘‘PFAS’’ means per- or polyfluoroalkyl substances. 

SEC. 344. REVIEW AND GUIDANCE RELATING TO PREVENTION AND 

MITIGATION OF SPILLS OF AQUEOUS FILM-FORMING 

FOAM. 

(a) REVIEW REQUIRED.—Not later than 180 days of after the 

date of the enactment of this Act, the Secretary of Defense shall 

complete a review of the efforts of the Department of Defense 

to prevent or mitigate spills of aqueous film-forming foam (in this 

section referred to as ‘‘AFFF’’). Such review shall assess the following: 

(1) The preventative maintenance guidelines for fire trucks 

of the Department and fire suppression systems in buildings 

of the Department, to mitigate the risk of equipment failure 

that may result in a spill of AFFF. 

Guidelines. 

Assessments. 

Deadline. 

10 USC 2701 

note. 

Applicability. 

Recommendations. 

Time period. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1645 

(2) Any requirements for the use of personal protective 

equipment by personnel when conducting a material transfer 

or maintenance activity of the Department that may result 

in a spill of AFFF, or when conducting remediation activities 

for such a spill, including requirements for side-shield safety 

glasses, latex gloves, and respiratory protection equipment. 

(3) The methods by which the Secretary ensures compliance 

with guidance specified in material safety data sheets with 

respect to the use of such personal protective equipment. 

(b) GUIDANCE.—Not later than 90 days after the date on which 

the Secretary completes the review under subsection (a), the Secretary shall issue guidance on the prevention and mitigation of 

spills of AFFF based on the results of such review that includes, 

at a minimum, best practices and recommended requirements to 

ensure the following: 

(1) The supervision by personnel trained in responding 

to spills of AFFF of each material transfer or maintenance 

activity of the Department of Defense that may result in such 

a spill. 

(2) The use of containment berms and the covering of 

storm drains and catch basins by personnel performing maintenance activities for the Department in the vicinity of such 

drains or basins. 

(3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems 

in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph 

(1). 

(c) BRIEFING.—Not later than 30 days after the date on which 

the Secretary issues the guidance under subsection (b), the Secretary shall provide to the congressional defense committees a 

briefing that summarizes the results of the review conducted under 

subsection (a) and the guidance issued under subsection (b). 

SEC. 345. PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF 

DEFENSE TESTING OF WATER FOR PERFLUOROALKYL OR 

POLYFLUOROALKYL SUBSTANCES. 

(a) PUBLIC DISCLOSURE OF RESULTS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), not 

later than 20 days after the receipt of a final result of testing 

water for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as ‘‘PFAS’’) in a covered area, the Secretary 

of Defense shall publicly disclose such final result, including— 

(A) the results of all such testing conducted in the 

covered area by the Department of Defense; and 

(B) the results of all such testing conducted in the 

covered area by a non-Department entity (including any 

Federal agency and any public or private entity) under 

a contract, or pursuant to an agreement, with the Department of Defense. 

(2) CONSENT BY PRIVATE PROPERTY OWNERS.—The Secretary 

of Defense may not publicly disclose the results of testing 

for perfluoroalkyl or polyfluoroalkyl substances conducted on 

private property without the consent of the property owner. 

(b) PUBLIC DISCLOSURE OF PLANNED TESTING OF WATER.— Not later than 180 days after the date of the enactment of the 

Act, and every 90 days thereafter, the Secretary of Defense shall 

Deadline. 

Time period. 

Timeline. 

Deadline. 

10 USC 2715 

note. 

Deadline. 

Summary. 

Deadline. 

Recommendations. 

Compliance. 

Requirements. 


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135 STAT. 1646 PUBLIC LAW 117–81—DEC. 27, 2021 

publicly disclose the anticipated timeline for, and general location 

of, any planned testing for perfluoroalkyl or polyfluoroalkyl substances proposed to be conducted in a covered area, including— 

(1) all such testing to be conducted by the Department 

of Defense; and 

(2) all such testing to be conducted by a non-Department 

entity (including any Federal agency and any public or private 

entity) under a contract, or pursuant to an agreement, with 

the Department. 

(c) NATURE OF DISCLOSURE.—The Secretary of Defense may 

satisfy the disclosure requirements under subsections (a) and (b) 

by publishing the results and information referred to in such subsections— 

(1) on the publicly available website established under 

section 331(b) of the National Defense Authorization Act for 

Fiscal Year 2020 (Public Law 116–92; 10 U.S.C 2701 note); 

(2) on another publicly available website of the Department 

of Defense; or 

(3) in the Federal Register. 

(d) LOCAL NOTIFICATION.—Prior to conducting any testing of 

water for perfluoroalkyl or polyfluoroalkyl substances, including 

any testing which has not been planned or publicly disclosed pursuant to subsection (b), the Secretary of Defense shall provide notice 

of the testing to— 

(1) the managers of the public water system serving the 

covered area where such testing is to occur; 

(2) the heads of the municipal government serving the 

covered area where such testing is to occur; and 

(3) as applicable, the members of the restoration advisory 

board for the military installation where such testing is to 

occur. 

(e) METHODS FOR TESTING.—In testing water for perfluoroalkyl 

or polyfluoroalkyl substances, the Secretary of Defense shall adhere 

to methods for measuring the amount of such substances in drinking 

water that have been validated by the Administrator of the Environmental Protection Agency. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘covered area’’ means an area in the United 

States that is located immediately adjacent to and down gradient from a military installation, a formerly used defense 

site, or a facility where military activities are conducted by 

the National Guard of a State pursuant to section 2707(e) 

of title 10, United States Code. 

(2) The term ‘‘formerly used defense site’’ means any site 

formerly used by the Department of Defense or National Guard 

eligible for environmental restoration by the Secretary of 

Defense funded under the ‘‘Environmental Restoration Account, 

Formerly Used Defense Sites’’ account established under section 

2703(a)(5) of title 10, United States Code. 

(3) The term ‘‘military installation’’ has the meaning given 

such term in section 2801(c)(4) of title 10, United States Code. 

(4) The term ‘‘perfluoroalkyl or polyfluoroalkyl substance’’ 

means any man-made chemical with at least one fully 

fluorinated carbon atom. 

(5) The term ‘‘public water system’’ has the meaning given 

such term under section 1401(4) of the Safe Drinking Water 

Act (42 U.S.C. 300f(4)). 

Federal Register, 

publication. 

Web postings. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1647 

(6) The term ‘‘restoration advisory board’’ means a restoration advisory board established pursuant to section 2705(d) 

of title 10, United States Code. 

SEC. 346. REVIEW OF AGREEMENTS WITH NON-DEPARTMENT ENTITIES 

WITH RESPECT TO PREVENTION AND MITIGATION OF 

SPILLS OF AQUEOUS FILM-FORMING FOAM. 

(a) REVIEW REQUIRED.—Not later than 180 days of after the 

date of the enactment of this Act, the Secretary of Defense shall 

complete a review of mutual support agreements entered into with 

non-Department of Defense entities (including State and local entities) that involve fire suppression activities in support of missions 

of the Department. 

(b) MATTERS.—The review under subsection (a) shall assess, 

with respect to the agreements specified in such subsection, the 

following: 

(1) The preventative maintenance guidelines specified in 

such agreements for fire trucks and fire suppression systems, 

to mitigate the risk of equipment failure that may result in 

a spill of aqueous film-forming foam (in this section referred 

to as ‘‘AFFF’’). 

(2) Any requirements specified in such agreements for the 

use of personal protective equipment by personnel when conducting a material transfer or maintenance activity pursuant 

to the agreement that may result in a spill of AFFF, or when 

conducting remediation activities for such a spill, including 

requirements for side-shield safety glasses, latex gloves, and 

respiratory protection equipment. 

(3) The methods by which the Secretary, or the non-Department entity with which the Secretary has entered into the 

agreement, ensures compliance with guidance specified in the 

agreement with respect to the use of such personal protective 

equipment. 

(c) GUIDANCE.—Not later than 90 days after the date on which 

the Secretary completes the review under subsection (a), the Secretary shall issue guidance (based on the results of such review) 

on requirements to include under the agreements specified in such 

subsection, to ensure the prevention and mitigation of spills of 

AFFF. Such guidance shall include, at a minimum, best practices 

and recommended requirements to ensure the following: 

(1) The supervision by personnel trained in responding 

to spills of AFFF of each material transfer or maintenance 

activity carried out pursuant to such an agreement that may 

result in such a spill. 

(2) The use of containment berms and the covering of 

storm drains and catch basins by personnel performing maintenance activities pursuant to such an agreement in the vicinity 

of such drains or basins. 

(3) The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems 

in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph 

(1). 

(d) BRIEFING.—Not later than 30 days after the date on which 

the Secretary issues the guidance under subsection (c), the Secretary 

shall provide to the congressional defense committees a briefing 

Deadline. 

Summary. 

Deadline. 

Requirements. 

Recommendations. 

Compliance. 

Requirements. 

Guidelines. 

Assessment. 

Deadline. 

10 USC 2679 

note. 


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135 STAT. 1648 PUBLIC LAW 117–81—DEC. 27, 2021 

that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (c). 

SEC. 347. COMPTROLLER GENERAL STUDY ON DEPARTMENT OF 

DEFENSE PROCUREMENT OF CERTAIN ITEMS CONTAINING 

CERTAIN PFAS SUBSTANCES. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study on the procurement by the Department of Defense 

of certain items that contain covered PFAS substances. 

(b) ELEMENTS.—In conducting the study under subsection (a), 

the Comptroller General shall assess the following: 

(1) The extent to which information is available to the 

Department of Defense regarding the presence of covered PFAS 

substances in the items procured by the Department. 

(2) The challenges, if any, that exist in identifying the 

presence of covered PFAS substances in the items the Department procures, including whether there are certain categories 

of items that are more readily identified than others as containing such substances. 

(3) The extent to which the Department has examined 

the feasibility of prohibiting the procurement of items containing covered PFAS substances. 

(4) Such other topics as may be determined necessary by 

the Comptroller General. 

(c) ITEMS.—In conducting the study under subsection (a), the 

Comptroller General shall, to the extent practicable, examine 

information relating to the consideration by the Department of 

Defense of such substances in the following items: 

(1) Furniture or floor waxes. 

(2) Car wax and car window treatments. 

(3) Cleaning products. 

(4) Shoes and clothing for which treatment with a covered 

PFAS substance is not necessary for an essential function. 

(d) BRIEFING AND REPORT.—Not later than 180 days after the 

date of enactment of this Act, the Comptroller General shall provide 

to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the study conducted 

under subsection (a), including any preliminary observations. After 

such interim briefing, the Comptroller General shall submit to 

the committees a report on the study at a date mutually agreed 

upon by the Comptroller General and the committees. 

(e) COVERED PFAS SUBSTANCE DEFINED.—In this section, the 

term ‘‘covered PFAS substance’’ means any of the following: 

(1) Perfluorononanoic acid (PFNA). 

(2) Perfluorooctanoic acid (PFOA). 

(3) Perfluorohexanoic acid (PFHxA). 

(4) Perfluorooctane sulfonic acid (PFOS). 

(5) Perfluorohexane sulfonate (PFHxS). 

(6) Perfluorobutane sulfonic acid (PFBS). 

(7) GenX. 

SEC. 348. REPORT ON SCHEDULE FOR COMPLETION OF REMEDIATION 

OF PERFLUOROALKYL SUBSTANCES AND 

POLYFLUOROALKYL SUBSTANCES. 

(a) IN GENERAL.—Not later than 270 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report detailing a proposed schedule for the 

Cost estimates. 

Effective date. 

Deadline. 

Examination. 

Assessments. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1649 

completion of remediation of perfluoroalkyl substances and 

polyfluoroalkyl substances, and the associated cost estimates to 

perform such remediation, at military installations, facilities of 

the National Guard, and formerly used defense sites in the United 

States that are identified as of March 31, 2021, as having a release 

of perfluoroalkyl substances or polyfluoroalkyl substances. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘military installation’’ has the meaning given 

such term in section 2801(c)(4) of title 10, United States Code. 

(2) The term ‘‘perfluoroalkyl substance’’ means a man-made 

chemical of which all of the carbon atoms are fully fluorinated 

carbon atoms. 

(3) The term ‘‘polyfluoroalkyl substance’’ means a manmade chemical containing a mix of fully fluorinated carbon 

atoms, partially fluorinated carbon atoms, and nonfluorinated 

carbon atoms. 

SEC. 349. REPORT ON REMEDIATION OF PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES AT CERTAIN MILITARY INSTALLATIONS. 

(a) IN GENERAL.—Not later than 60 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report identifying the status of efforts to remediate 

perfluoroalkyl substances and polyfluoroalkyl substances at the following locations: 

(1) England Air Force Base, Louisiana. 

(2) Naval Air Weapons Station China Lake, California. 

(3) Patrick Air Force Base, Florida. 

(4) Myrtle Beach Air Force Base, South Carolina. 

(5) Langley Air Force Base, Virginia. 

(6) Naval Air Station Jacksonville, Florida. 

(7) Niagara Falls Air Reserve Station, New York. 

(8) Grand Prairie Armed Forces Reserve Complex, Texas. 

(9) Altus Air Force Base, Oklahoma. 

(10) Charleston Air Force Base, South Carolina. 

(11) Barksdale Air Force Base, Louisiana. 

(12) Plattsburgh Air Force Base, New York. 

(13) Tyndall Air Force Base, Florida. 

(14) Sheppard Air Force Base, Texas. 

(15) Columbus Air Force Base, Mississippi. 

(16) Chanute Air Force Base, Illinois. 

(17) Marine Corps Air Station Tustin, California. 

(18) Travis Air Force Base, California. 

(19) Ellsworth Air Force Base, South Dakota. 

(20) Minot Air Force Base, North Dakota. 

(21) Westover Air Reserve Base, Massachusetts. 

(22) Eaker Air Force Base, Arkansas. 

(23) Naval Air Station Alameda, California. 

(24) Eielson Air Force Base, Alaska. 

(25) Horsham Air Guard Station, Pennsylvania. 

(26) Vance Air Force Base, Oklahoma. 

(27) Dover Air Force Base, Delaware. 

(28) Edwards Air Force Base, California. 

(29) Robins Air Force Base, Georgia. 

(30) Joint Base McGuire–Dix–Lakehurst, New Jersey. 

(31) Galena Air Force Base, Alaska. 

State listing. 


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135 STAT. 1650 PUBLIC LAW 117–81—DEC. 27, 2021 

(32) Naval Research Laboratory Chesapeake Bay Detachment, Maryland. 

(33) Buckley Air Force Base, Colorado. 

(34) Arnold Air Force Base, Tennessee. 

(35) Tinker Air Force Base, Oklahoma. 

(36) Fairchild Air Force Base, Washington. 

(37) Vandenberg Air Force Base, California. 

(38) Hancock Field Air National Guard Base, New York. 

(39) F.E. Warren Air Force Base, Wyoming. 

(40) Nevada Air National Guard Base, Nevada. 

(41) K.I. Sawyer Air Force Base, Michigan. 

(42) Pease Air Force Base, New Hampshire. 

(43) Whiteman Air Force Base, Missouri. 

(44) Wurtsmith Air Force Base, Michigan. 

(45) Shepherd Field Air National Guard Base, West Virginia. 

(46) Naval Air Station Whidbey Island–Ault Field, Washington. 

(47) Rosecrans Air National Guard Base, Missouri. 

(48) Joint Base Andrews, Maryland. 

(49) Iowa Air National Guard Base, Iowa. 

(50) Stewart Air National Guard Base, New York. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘perfluoroalkyl substance’’ means a man-made 

chemical of which all of the carbon atoms are fully fluorinated 

carbon atoms. 

(2) The term ‘‘polyfluoroalkyl substance’’ means a manmade chemical containing a mix of fully fluorinated carbon 

atoms, partially fluorinated carbon atoms, and nonfluorinated 

carbon atoms. 

Subtitle E—Logistics and Sustainment 

SEC. 351. MITIGATION OF CONTESTED LOGISTICS CHALLENGES OF 

THE DEPARTMENT OF DEFENSE THROUGH REDUCTION OF 

OPERATIONAL ENERGY DEMAND. 

(a) CLARIFICATION OF OPERATIONAL ENERGY RESPONSIBILITIES.—Section 2926 of title 10, United States Code, is amended— 

(1) in subsection (a), by inserting ‘‘in contested logistics 

environments’’ after ‘‘missions’’; and 

(2) in subsection (b)— 

(A) in the heading, by striking ‘‘AUTHORITIES’’ and 

inserting ‘‘RESPONSIBILITIES’’; 

(B) in the matter preceding paragraph (1), by striking 

‘‘may’’ and inserting ‘‘shall’’; 

(C) by amending paragraph (1) to read as follows: 

‘‘(1) require the Secretaries concerned and the commanders 

of the combatant commands to assess the energy supportability 

in contested logistics environments of systems, capabilities, and 

plans;’’; 

(D) in paragraph (2), by inserting ‘‘ supportability in 

contested logistics environments,’’ after ‘‘power,’’; and 

(E) in paragraph (3), by inserting ‘‘in contested logistics 

environments’’ after ‘‘vulnerabilities’’. 

(b) ESTABLISHMENT OF WORKING GROUP.—Such section is further amended— 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1651 

(1) in subsection (c)— 

(A) in the matter preceding paragraph (1), by inserting 

‘‘ and in coordination with the working group under subsection (d)’’ after ‘‘components’’; 

(B) in paragraph (1), by striking ‘‘Defense and oversee’’ 

and inserting ‘‘Defense, including the activities of the 

working group established under subsection (d), and oversee’’; 

(C) in paragraph (2), by inserting ‘‘, taking into account 

the findings of the working group under subsection (d)’’ 

after ‘‘Defense’’; and 

(D) in paragraph (3), by inserting ‘‘, taking into account 

the findings of the working group under subsection (d)’’ 

after ‘‘resilience’’; 

(2) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; 

(3) by inserting after subsection (c), as amended by paragraph (1), the following new subsection: 

‘‘(d) WORKING GROUP.—(1) The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested 

logistics challenges through the reduction of operational energy 

demand that are carried out within each armed force, across the 

armed forces, and with the Office of the Secretary of Defense 

and to conduct other coordinated functions relating to such efforts. 

‘‘(2) The head of the working group under paragraph (1) shall 

be the Assistant Secretary of Defense for Energy, Installations, 

and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members 

with respect to specific operational energy plans and programs 

to be carried out pursuant to the strategy under subsection (e). 

‘‘(3) The members of the working group under paragraph (1) 

shall be appointed as follows: 

‘‘(A) A senior official of each armed force, who shall be 

nominated by the Secretary concerned and confirmed by the 

Senate to represent such armed force. 

‘‘(B) A senior official from each geographic and functional 

combatant command, who shall be appointed by the commander 

of the respective combatant command to represent such combatant command. 

‘‘(C) A senior official under the jurisdiction of the Chairman 

of the Joint Chiefs of Staff, who shall be appointed by the 

Chairman to represent the Joint Chiefs of Staff and the Joint 

Staff. 

‘‘(4) Each member of the working group shall be responsible 

for carrying out operational energy plans and programs and implementing coordinated initiatives pursuant to the strategy under subsection (e) for the respective component of the Department that 

the member represents. 

‘‘(5) The duties of the working group under paragraph (1) shall 

be as follows: 

‘‘(A) Planning for the integration of efforts to mitigate 

contested logistics challenges through the reduction of operational energy demand carried out within each armed force, 

across the armed forces, and with the Office of the Secretary 

of Defense. 

‘‘(B) Developing recommendations regarding the strategy 

for operational energy under subsection (e). 

Appointments. 

Establishment. 

Coordination. 


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‘‘(C) Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons 

systems of the armed forces. 

‘‘(D) Developing recommendations to ensure that such 

development and modernization efforts lead to increased 

lethality, extended range, and extended on-station time for 

tactical assets. 

‘‘(E) Developing recommendations to mitigate the effects 

of hostile action by a near-peer adversary targeting operational 

energy storage and operations of the armed forces, including 

through the use of innovative delivery systems, distributed 

storage, flexible contracting, and improved automation.’’; and 

(4) in subsection (g), as redesignated by paragraph (2)— 

(A) in paragraph (1)— 

(i) by striking ‘‘The Secretary of a military department’’ and inserting ‘‘Each member of the working 

group under subsection (d)’’; and 

(ii) by striking ‘‘conducted by the military department’’ and inserting ‘‘conducted by the respective 

component of the Department that the member represents for purposes of the working group’’; and 

(B) in paragraph (2), by striking ‘‘military department’’ 

and inserting ‘‘armed force’’. 

(c) MODIFICATIONS TO OPERATIONAL ENERGY STRATEGY.—Subsection (e) of such section, as redesignated by subsection (b)(2), 

is amended to read as follows: 

‘‘(1) The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the working group 

under subsection (d), shall be responsible for the establishment 

and maintenance of a department-wide transformational strategy 

for operational energy. The strategy shall be updated every five 

years and shall establish near-term, mid-term, and long-term goals, 

performance metrics to measure progress in meeting the goals, 

and a plan for implementation of the strategy within each armed 

force, across the armed forces, and with the Office of the Secretary 

of Defense. 

‘‘(2) The strategy required under paragraph (1) shall include 

the following: 

‘‘(A) A plan to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy 

demand within each armed force. 

‘‘(B) An assessment of how industry trends transitioning 

from the production of internal combustion engines to the 

development and production of alternative propulsion systems 

may affect the long-term availability of parts for military equipment, the fuel costs for such equipment, and the sustainability 

of such equipment. 

‘‘(C) An assessment of any technologies, including electric, 

hydrogen, or other sustainable fuel technologies, that may 

reduce operational energy demand in the near-term or longterm. 

‘‘(D) An assessment of how the Secretaries concerned and 

the commanders of the combatant commands can better plan 

for challenges presented by near-peer adversaries in a contested 

logistics environment, including through innovative delivery 

systems, distributed storage, flexible contracting, and improved 

automation. 

Plan. 

Assessments. 

Updates. 

Time period. 

Plan. 

Coordination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1653 

‘‘(E) An assessment of any infrastructure investments of 

allied and partner countries that may affect operational energy 

availability in the event of a conflict with a near-peer adversary. 

‘‘(3) By authority of the Secretary of Defense, and taking into 

consideration the findings of the working group, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy and make recommendations to the Secretary 

of Defense and Deputy Secretary of Defense with respect to specific 

operational energy plans and programs to be carried out pursuant 

to the strategy. 

‘‘(4) Not later than 30 days after the date on which the budget 

for fiscal year 2024 is submitted to Congress pursuant to section 

1105 of title 31, and every five years thereafter, the Assistant 

Secretary shall submit to the congressional defense committees 

the strategy required under paragraph (1).’’. 

(d) DEFINITION.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(h) CONTESTED LOGISTICS ENVIRONMENT DEFINED.—In this 

section, the term ‘contested logistics environment’ means an 

environment in which the armed forces engage in conflict with 

an adversary that presents challenges in all domains and directly 

targets logistics operations, facilities, and activities in the United 

States, abroad, or in transit from one location to the other.’’. 

(e) CONFORMING AMENDMENT.—Section 2926(c)(5) of title 10, 

United States Code, is amended by striking ‘‘subsection (e)(4)’’ and 

inserting ‘‘subsection (f)(4)’’. 

(f) INTERIM REPORT.—Not later than 180 days after the date 

of the enactment of this Act, the Assistant Secretary of Defense 

for Energy, Installations, and Environment shall submit to the 

congressional defense committees an interim report on any actions 

taken pursuant to the amendments made by this section. Such 

report shall include an update regarding the establishment of the 

working group under section 2926(d) of title 10, United States 

Code, as amended by subsection (b). 

(g) BRIEFING ON ASSISTANT SECRETARY OF DEFENSE FOR

ENERGY, INSTALLATIONS, AND ENVIRONMENT.—Not later than 60 

days after the date of the enactment of this Act, the Secretary 

of Defense shall provide to the Committees on Armed Services 

of the House of Representatives and the Senate a briefing on 

the status of the following: 

(1) The planned division of responsibilities between the 

Assistant Secretary of Defense for Sustainment and the Assistant Secretary of Defense for Energy, Installations, and Environment. 

(2) A personnel plan to ensure the adequate manning of 

support personnel for the Assistant Secretary of Defense for 

Energy, Installations, and Environment. 

(3) Any additional resources necessary to ensure the ability 

of the Assistant Secretary of Defense for Energy, Installations, 

and Environment to fulfill the duty required under section 

138(b)(7) of title 10, United States Code, and any other duties 

required of such Assistant Secretary by law. 

SEC. 352. GLOBAL BULK FUEL MANAGEMENT AND DELIVERY. 

(a) RESPONSIBILITY OF UNITED STATES TRANSPORTATION COMMAND.— 

Plan. 

Deadline. 

Update. 

Deadline. 

Time period. 

Procedures. 

Recommendations. 


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135 STAT. 1654 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) IN GENERAL.—Subchapter III of chapter 173 of title 

10, United States Code, is amended by adding at the end 

the following new section: 

‘‘§ 2927. Global bulk fuel management and delivery 

‘‘(a) RESPONSIBLE ELEMENT.—(1) Beginning during the period 

described in paragraph (2) and permanently thereafter, the United 

States Transportation Command shall be the element responsible 

for bulk fuel management and delivery of the Department of 

Defense on a global basis. 

‘‘(2) The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023. 

‘‘(b) COORDINATION WITH DEFENSE LOGISTICS AGENCY.—In carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency. 

‘‘(c) RULE OF CONSTRUCTION.—Except to the extent that, prior 

to January 1, 2023, a responsibility specified in subsection (a) 

was a specific function of the Defense Logistics Agency Energy, 

nothing under this section shall be construed as— 

‘‘(1) limiting any other function of the Defense Logistics 

Agency Energy; or 

‘‘(2) requiring the transfer of any function, personnel, or 

asset from the Defense Logistics Agency Energy to the United 

States Transportation Command.’’. 

(2) CLERICAL AMENDMENT.—The table of contents for such 

subchapter is amended by adding at the end the following 

new item: 

‘‘2927. Global bulk fuel management and delivery.’’. 

(b) BRIEFING.—Not later than July 1, 2022, the Commander 

of United States Transportation Command shall provide to the 

Committees on Armed Services of the House of Representatives 

and the Senate a briefing on progress made to carry out the transfer 

of responsibilities to the United States Transportation Command 

pursuant to section 2927 of title 10, United States Code (as added 

by subsection (a)), including— 

(1) a review of the plan of action for such transfer; 

(2) a review of milestones completed and yet to be completed with respect to such transfer; and 

(3) an identification of any legislative changes or additional 

resources the Commander determines are necessary to implement such section 2927. 

(c) GLOBAL BULK FUEL MANAGEMENT STRATEGY.— (1) STRATEGY REQUIRED.—Not later than October 1, 2022, 

the Commander of United States Transportation Command 

shall prepare and submit to the Committees on Armed Services 

of the House of Representatives and the Senate a strategy 

to develop the infrastructure and programs necessary to optimally support global bulk fuel management of the Department 

of Defense. 

(2) ADDITIONAL ELEMENTS.—The strategy under paragraph 

(1) shall include the following additional elements: 

(A) A description of the current organizational responsibility for bulk fuel management of the Department, organized by geographic combatant command, including with 

respect to ordering, storage, and strategic and tactical 

transportation. 

Deadline. 

Determination. 

Deadline. 

Reviews. 

10 USC 2924 

prec. 

Time period. 

Effective date. 

10 USC 2927. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1655 

(B) A description of any legacy bulk fuel management 

assets of each of the geographic combatant commands. 

(C) A description of the operational plan to exercise 

such assets to ensure full functionality and to repair, 

upgrade, or replace such assets as necessary. 

(D) An identification of the resources required for any 

such repairs, upgrades, or replacements. 

(E) A description of the current programs relating to 

platforms, weapon systems, or research and development, 

that are aimed at managing fuel constraints by decreasing 

demand for fuel. 

(F) An assessment of current and projected threats 

to forward-based bulk fuel delivery, storage, and distribution systems, and an assessment, based on such current 

and projected threats, of attrition to bulk fuel infrastructure, including storage and distribution systems, in a conflict involving near-peer foreign countries. 

(G) An assessment of current days of supply guidance, 

petroleum war reserve requirements, and prepositioned 

war reserve stocks, based on operational tempo associated 

with distributed operations in a contested environment. 

(H) An identification of the resources required to 

address any changes to such guidance, requirements, or 

stocks recommended as the result of such assessment. 

(I) An identification of any global shortfall with respect 

to bulk fuel management, organized by geographic combatant command, and a prioritized list of investment recommendations to address each shortfall identified. 

(3) COORDINATION.—In preparing the strategy under paragraph (1), the Commander of United States Transportation 

Command shall coordinate with subject matter experts of the 

Joint Staff, the geographic combatant commands, the Defense 

Logistics Agency, and the military departments. 

(4) FORM.—The strategy under paragraph (1) may be submitted in classified form, but if so submitted shall include 

an unclassified executive summary. 

(d) CONFORMING AMENDMENTS.—Section 2854 of the Military 

Construction Authorization Act for Fiscal Year 2021 (division B 

of Public Law 116–283) is amended— 

(1) in subsection (b), by striking ‘‘The organizational element designated pursuant to subsection (a)’’ and inserting ‘‘The 

Secretary of Defense’’; 

(2) in subsection (c), by striking ‘‘subsection (b)’’ and 

inserting ‘‘subsection (a)’’; 

(3) by striking subsections (a) and (d); and 

(4) by redesignating subsections (b) and (c), as amended 

by paragraphs (1) and (2), as subsections (a) and (b), respectively. 

SEC. 353. TEST AND EVALUATION OF POTENTIAL BIOBASED SOLUTION 

FOR CORROSION CONTROL AND MITIGATION. 

(a) TEST AND EVALUATION.—Not later than 120 days after the 

date of the enactment of this Act, the Director of the Strategic 

Environmental Research and Development Program and the 

Environmental Security Technology Certification Program shall test 

and evaluate at least one existing covered biobased solution for 

Deadline. 

10 USC 2922 

note. 

List. 

Recommendations. 

Assessment. 

Assessments. 


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135 STAT. 1656 PUBLIC LAW 117–81—DEC. 27, 2021 

use as an alternative to current solutions of the Department of 

Defense for the control and mitigation of corrosion. 

(b) DETERMINATION.—Following the test and evaluation of a 

covered biobased solution under subsection (a), the Director shall 

determine, based on such test and evaluation, whether the solution 

meets the following requirements: 

(1) The solution is capable of being produced domestically 

in sufficient quantities. 

(2) The solution is at least as effective at the control and 

mitigation of corrosion as current alternative solutions. 

(3) The solution reduces environmental exposures. 

(c) RECOMMENDATIONS.—The Director shall develop recommendations for the Department of Defense-wide deployment of 

covered biobased solutions that the Director has determined meet 

the requirements under subsection (b). 

(d) COVERED BIOBASED SOLUTION DEFINED.—In this section, 

the term ‘‘covered biobased solution’’ means a solution for the control 

and mitigation of corrosion that is domestically produced, commercial, and biobased. 

SEC. 354. PILOT PROGRAM ON DIGITAL OPTIMIZATION OF ORGANIC 

INDUSTRIAL BASE MAINTENANCE AND REPAIR OPERATIONS. 

(a) IN GENERAL.—Beginning not later than 180 days after the 

date of the enactment of this Act, the Assistant Secretary of Defense 

for Sustainment, in coordination with the Secretaries of the military 

departments, shall undertake a pilot program under which the 

digitization of the facilities and operations of at least one covered 

depot shall be provided for by the Secretary concerned. 

(b) ELEMENTS OF PILOT PROGRAM.—In carrying out the pilot 

program under this section, the Secretary concerned shall provide 

for each of the following at the covered depot or depots at which 

the program is carried out: 

(1) The creation of a digital twin model of the maintenance, 

repair, and remanufacturing infrastructure and activities. 

(2) The modeling and simulation of optimized facility 

configuration, logistics systems, and processes. 

(3) The analysis of material flow and resource use to 

achieve key performance metrics for all levels of maintenance 

and repair. 

(4) An assessment of automated, advanced, and additive 

manufacturing technologies that could improve maintenance, 

repair, and remanufacturing operations. 

(c) REPORT.—Not later than 60 days after the completion of 

the digital twin model and associated analysis, the Assistant Secretary of Defense for Sustainment shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report on the pilot program. Such report shall include— 

(1) a summary of the cost of the pilot program; 

(2) a description of the efficiencies identified under the 

pilot program; 

(3) a description of the infrastructure, workforce, and capital equipment investments necessary to achieve such efficiencies; 

Plans. (4) any plans to undertake such investments; and 

Summary. 

Assessment. 

Analysis. 

Deadline. 

Coordination. 

10 USC 2476 

note. 

Determination. 

Requirements. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1657 

(5) the assessment of the Assistant Secretary of the value 

of the pilot program and the potential applicability of the 

findings of the pilot program to other covered depots. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘covered depot’’ includes any depot covered 

under section 2476(e) of title 10, United States Code, except 

for the following: 

(A) Portsmouth Naval Shipyard, Maine. 

(B) Pearl Harbor Naval Shipyard, Hawaii. 

(C) Puget Sound Naval Shipyard, Washington. 

(D) Norfolk Naval Shipyard, Virginia. 

(2) The terms ‘‘military departments’’ and ‘‘Secretary concerned’’ have the meanings given such terms in section 101 

of title 10, United States Code. 

SEC. 355. IMPROVED OVERSIGHT FOR IMPLEMENTATION OF SHIPYARD 

INFRASTRUCTURE OPTIMIZATION PROGRAM OF THE 

NAVY. 

(a) UPDATED PLAN.— 

(1) IN GENERAL.—Not later than September 30, 2022, the 

Secretary of the Navy shall submit to the congressional defense 

committees an update to the plan of the Secretary for 

implementation of the Shipyard Infrastructure Optimization 

Program of the Department of the Navy, with the objective 

of providing increased transparency for the actual costs and 

schedules associated with infrastructure optimization activities 

for shipyards covered by such program. 

(2) UPDATED COST ESTIMATES.—The updated plan required 

under paragraph (1) shall include updated cost estimates comprising the most recent costs of capital improvement projects 

for each of the four public shipyards covered by the Shipyard 

Infrastructure Optimization Program. 

(b) BRIEFING REQUIREMENT.— 

(1) IN GENERAL.—Before the start of physical construction 

with respect to a covered project, the Secretary of the Navy 

or a designee of the Secretary shall brief each of the congressional defense committees on such project, regardless of the 

source of funding for such project. 

(2) WRITTEN INFORMATION.—Before conducting a briefing 

under paragraph (1) with respect to a covered project, the 

Secretary of the Navy or a designee of the Secretary shall 

submit to the congressional defense committees in writing the 

following information: 

(A) An updated cost estimate for such project that— 

(i) meets the standards of the Association for the 

Advancement of Cost Engineering for a Level 1 or 

Level 2 cost estimate; or 

(ii) is an independent cost estimate. 

(B) A schedule for such project that is comprehensive, 

well-constructed, credible, and controlled pursuant to the 

Schedule Assessment Guide: Best Practices for Project 

Schedules (GAO–16–89G) set forth by the Comptroller General of the United States in December 2015, or successor 

guide. 

(C) An estimate of the likelihood that programmed 

and planned funds for such project will be sufficient for 

the completion of the project. 

Estimate. 

Schedule. 

Update. 

Cost estimate. 

Deadline. 

10 USC 8013 

note. 

Assessment. 


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135 STAT. 1658 PUBLIC LAW 117–81—DEC. 27, 2021 

(3) COVERED PROJECT DEFINED.—In this subsection, the 

term ‘‘covered project’’ means a shipyard project under the 

Shipyard Infrastructure Optimization Program— 

(A) with a contract awarded on or after October 1, 

2024; and 

(B) valued at $250,000,000 or more. 

(c) ANNUAL REPORT.— 

(1) IN GENERAL.—Not later than December 31, 2022, and 

not later than December 31 of each year thereafter, the Commander of the Naval Sea Systems Command, in coordination 

with the Program Manager Ships 555, shall submit to the 

congressional defense committees a report detailing the use 

by the Department of the Navy of funding for all efforts associated with the Shipyard Infrastructure Optimization Program, 

including the use of amounts made available by law to support 

the projects identified in the plan to implement such program, 

including any update to such plan under subsection (a). 

(2) ELEMENTS.—Each report required by paragraph (1) 

shall include updated cost and schedule estimates— 

(A) for the plan to implement the Shipyard Optimization Program, including any update to such plan under 

subsection (a); and 

(B) for each dry dock, major facility, and infrastructure 

project valued at $250,000,000 or more under such program. 

(d) COMPTROLLER GENERAL REPORT.— 

(1) REPORT.— 

(A) IN GENERAL.—Not later than May 1, 2023, the 

Comptroller General of the United States shall submit 

to the Committees on Armed Services of the Senate and 

the House of Representatives a report on the progress 

of the Secretary of the Navy in implementing the Shipyard 

Infrastructure Optimization Program, including— 

(i) the progress of the Secretary in completing 

the first annual report required under such program; 

and 

(ii) the cost and schedule estimates for full 

implementation of such program. 

(B) ELEMENTS.—The report required by subparagraph 

(A) shall include the following: 

(i) An assessment of the extent to which the cost 

estimate for the updated optimization plan for the 

Shipyard Infrastructure Optimization Program is consistent with leading practices for cost estimation. 

(ii) An assessment of the extent to which the 

project schedule for such program is comprehensive, 

well-constructed, credible, and controlled. 

(iii) An assessment of whether programmed and 

planned funds for a project under such program will 

be sufficient for the completion of the project. 

(iv) Such other related matters as the Comptroller 

General considers appropriate. 

(2) INITIAL BRIEFING.—Not later than April 1, 2023, the 

Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the 

preliminary findings of the report under paragraph (1). 

Deadline. 

Assessments. 

Estimates. 

Updates. 

Estimates. 

Coordination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1659 

SEC. 356. REPORT AND CERTIFICATION REQUIREMENTS REGARDING 

SUSTAINMENT COSTS FOR FIGHTER AIRCRAFT PROGRAMS. 

(a) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report on individual aircraft 

fleet sustainment costs for the F–35 A/B/C, F/A–18 C/D/E/F/G, 

AV–8B, A–10C, F–16 C/D, F–22, and F–15 C/E/EX aircraft fleets. 

Such report shall include the following: 

(1) A detailed description and explanation of, and the actual 

cost data related to, current sustainment costs for the aircraft 

fleets specified in this subsection, including an identification 

and assessment of cost elements attributable to the Federal 

Government or to contractors (disaggregated by the entity 

responsible for each portion of the cost element, including for 

a prime contractor and any first-tier subcontractor) with respect 

to such sustainment costs. 

(2) An identification of sustainment cost metrics for each 

aircraft fleet specified in this subsection for each of fiscal years 

2022 through 2026, expressed in cost-per-tail-per-year format. 

(b) LIMITATION ON CERTAIN F–35 CONTRACTS.— 

(1) IN GENERAL.—The Secretary of Defense may not enter 

into a performance-based logistics sustainment contract for the 

F–35 airframe or engine programs, or modify an existing contract for the F–35 airframe or engine programs to require 

the use of a performance-based logistics sustainment contract, 

unless the Secretary submits to the congressional defense 

committees a certification that the Secretary has determined 

such a performance-based logistics contract will— 

(A) reduce sustainment or operating costs for the F– 

35 airframe or engine programs; or 

(B) increase readiness rates, full and partial mission 

capability rates, or airframe and engine availability rates 

of the F–35 weapon system. 

(2) CERTIFICATION.—Any certification submitted pursuant 

to paragraph (1) shall include a cost-benefit analysis comparing 

an existing contract for the F–35 airframe or engine programs 

with a performance-based logistics sustainment contract for 

the F–35 airframe or engine programs. 

(3) APPLICABILITY.—The limitation under paragraph (1) 

shall not apply with respect to the termination, modification, 

exercise of a contract option for, or other action relating to, 

a contract for the F–35 program entered into prior to the 

date of the enactment of this Act unless such termination, 

modification, exercise, or other action would require the use 

of a performance-based logistics sustainment contract as specified in paragraph (1). 

(c) COST-PER-TAIL-PER-YEAR CALCULATION.—For purposes of this 

section, the average cost-per-tail of a variant of an aircraft of 

an Armed Force shall be determined by— 

(1) adding the total amount expended for a fiscal year 

(in base year fiscal 2012 dollars) for all such aircraft in the 

inventory of an Armed Force for— 

(A) unit level manpower; 

(B) unit operations; 

(C) maintenance; 

(D) sustaining support; 

Determination. 

Analysis. 

Certification. 

Determination. 

Time period. 

Assessment. 


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135 STAT. 1660 PUBLIC LAW 117–81—DEC. 27, 2021 

(E) continuing system support; and 

(F) modifications; and 

(2) dividing the sum resulting under paragraph (1) by 

the average number of such aircraft in the inventory of an 

Armed Force during such fiscal year. 

SEC. 357. COMPTROLLER GENERAL ANNUAL REVIEWS OF F–35 

SUSTAINMENT EFFORTS. 

(a) ANNUAL REVIEWS AND BRIEFINGS.—Not later than March 

1 of each year of 2022, 2023, 2024, and 2025, the Comptroller 

General of the United States shall— 

(1) conduct an annual review of the sustainment efforts 

of the Department of Defense with respect to the F–35 aircraft 

program (including the air vehicle and propulsion elements 

of such program); and 

(2) provide to the Committees on Armed Services of the 

House of Representatives and the Senate a briefing on such 

review, including any findings of the Comptroller General as 

a result of such review. 

(b) ELEMENTS.—Each review under subsection (a)(1) shall 

include an assessment of the following: 

(1) The status of the sustainment strategy of the Department for the F–35 Lightning II aircraft program. 

(2) The Department oversight and prime contractor 

management of key sustainment functions with respect to the 

F–35 aircraft program. 

(3) The ability of the Department to reduce the costs, 

or otherwise maintain the affordability, of the sustainment 

of the F–35 fleet. 

(4) Any other matters regarding the sustainment or affordability of the F–35 aircraft program that the Comptroller General determines to be of critical importance to the long-term 

viability of such program. 

(c) REPORTS.—Following the provision of each briefing under 

subsection (a)(2), at such time as is mutually agreed upon by 

the Committees on Armed Services of the House of Representatives 

and the Senate and the Comptroller General, the Comptroller General shall submit to such committees a report on the matters 

covered by the briefing. 

Subtitle F—Reports 

SEC. 361. INCLUSION OF INFORMATION REGARDING BORROWED MILITARY MANPOWER IN READINESS REPORTS. 

Section 482(b) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (10) as paragraph (11); 

and 

(2) by inserting after paragraph (9) the following new paragraph: 

‘‘(10) Information regarding the extent to which any 

member of the armed forces is assigned or detailed outside 

the member’s unit or away from training in order to perform 

any function that had previously been performed by civilian 

employees of the Federal Government.’’. 

SEC. 362. ANNUAL REPORT ON MATERIAL READINESS OF NAVY SHIPS. 

Section 8674(d) of title 10, United States Code, is amended— 

Determination. 

Assessments. 

Deadlines. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1661 

(1) in paragraph (1)— 

(A) by striking ‘‘submit to the’’ and inserting ‘‘provide 

to the’’; 

(B) by inserting ‘‘a briefing and submit to such committees’’ after ‘‘congressional defense committees’’; and 

(C) by striking ‘‘setting forth’’ and inserting 

‘‘regarding’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘in an unclassified form that is releasable to the public without further redaction.’’ and inserting 

‘‘in—’’; and 

(B) by adding at the end the following new subparagraphs: 

‘‘(A) a classified form; and 

‘‘(B) an unclassified form that is releasable to the public 

without further redaction.’’; and 

(3) by striking paragraph (3). 

SEC. 363. INCIDENT REPORTING REQUIREMENTS FOR DEPARTMENT 

OF DEFENSE REGARDING LOST OR STOLEN WEAPONS. 

(a) IN GENERAL.—For each of fiscal years 2022, 2023, and 

2024, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report on security, control, thefts, losses, and recoveries of sensitive conventional arms, ammunition, and explosives (commonly 

referred to as ‘‘AA&E’’) of the Department of Defense during such 

year, including the following: 

(1) M–16 or M4s. 

(2) Light automatic weapons up to and including M249, 

M2, and 40mm MK19 machine guns. 

(3) Functional launch tube with umbilical squib installed 

and grip stock for the Stinger missile. 

(4) Launch tube, sight assembly, and grip stock for missiles. 

(5) Tracker for the Dragon missile. 

(6) Mortar tubes up to and including 81mm. 

(7) Grenade launchers. 

(8) Rocket and missile launchers with an unpacked weight 

of 100 pounds or less. 

(9) Flame throwers. 

(10) The launcher, missile guidance se, or the optical sight 

for the TOW and the Javelin Command Launch Unit. 

(11) Single shot and semi-automatic (non-automatic) 

shoulder-fired weapons such as shotguns and bolt action rifles 

and weapons barrels. 

(12) Handguns. 

(13) Recoil-less rifles up to and including 106mm. 

(14) Man-portable missiles and rockets in a ready-to-fire 

configuration or when jointly stored or transported with the 

launcher tube or grip-stock and the explosive round. 

(15) Stinger missiles. 

(16) Dragon, Javelin, light antitank weapon (66mm), 

shoulder-launched multi-purpose assault weapon rocket 

(83mm), M136 (AT4) anti-armor launcher and cartridge 

(84mm). 

(17) Missiles and rockets that are crew-served or require 

platform-mounted launchers and other equipment to function, 

Time periods. 

10 USC 2722 

note. 


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including HYDRA–70 rockets and tube-launched optically wire 

guided (TOW) missiles. 

(18) Missiles and rockets that require platform-mounted 

launchers and complex hardware equipment to function 

including the HELLFIRE missile. 

(19) Explosive rounds of any missile or rocket listed in 

paragraphs (1) through (18). 

(20) Hand or rifle grenades (high-explosive and white phosphorous). 

(21) Antitank or antipersonnel mines. 

(22) Explosives used in demolition operations, C–4, military 

dynamite, and trinitrotoluene (TNT). 

(23) Warheads for sensitive missiles and rockets weighing 

less than 50 pounds each. 

(24) Ammunition that is .50 caliber or larger with explosivefilled projectile. 

(25) Incendiary grenades and fuses for high-explosive grenades. 

(26) Blasting caps. 

(27) Supplementary charges. 

(28) Bulk explosives. 

(29) Detonating cord. 

(30) Riot control agents. 

(b) IMMEDIATE REPORTING OF CONFIRMED THEFTS, LOSSES, AND

RECOVERIES.—Not later than 72 hours after a confirmed theft, 

loss, or recovery of a sensitive conventional arm, ammunition, or 

explosive covered by the report required by subsection (a), the 

Secretary shall report such theft, loss, or recovery to the National 

Crime Information Center and local law enforcement. 

SEC. 364. STRATEGY AND ANNUAL REPORT ON CRITICAL LANGUAGE 

PROFICIENCY OF SPECIAL OPERATIONS FORCES. 

(a) STRATEGY.— 

(1) STRATEGY REQUIRED.—Not later than 180 days after 

the date of the enactment of this Act, the Assistant Secretary 

of Defense for Special Operations and Low-Intensity Conflict, 

in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees 

a strategy to improve the language proficiency of the special 

operations forces of the Armed Forces, including by identifying 

individuals who have proficiency in a critical language and 

recruiting and retaining such individuals in the special operations forces. 

(2) ELEMENTS.—The strategy under paragraph (1) shall 

include the following: 

(A) A baseline of foreign language proficiency requirements to be implemented within the special operations 

forces, disaggregated by Armed Force and by critical language. 

(B) Annual recruitment targets for the number of candidates with demonstrated proficiency in a critical language 

to be selected for participation in the initial assessment 

and qualification programs of the special operations forces. 

(C) A description of current and planned efforts of 

the Secretaries concerned and the Assistant Secretary to 

meet such annual recruitment targets. 

Requirements. 

Deadline. 

Coordination. 

10 USC 501 note 

prec. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1663 

(D) A description of any training programs used to 

enhance or maintain foreign language proficiency within 

the special operations forces, including any nongovernmental programs used. 

(E) An annual plan to enhance and maintain foreign 

language proficiency within the special operations forces 

of each Armed Force. 

(F) An annual plan to retain members of the special 

operation forces of each Armed Force who have proficiency 

in a foreign language. 

(G) A description of current and projected capabilities 

and activities that the Assistant Secretary determines are 

necessary to maintain proficiency in critical languages 

within the special operations forces. 

(H) A plan to implement a training program for members of the special operations forces who serve in positions 

that the Assistant Secretary determines require proficiency 

in a critical language to support the Department of Defense 

in strategic competition. 

(b) REPORTS REQUIRED.—Not later than December 31, 2022, 

and annually thereafter until December 31, 2025, the Assistant 

Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a 

report on the strategy required under subsection (a), including 

progress in achieving the objectives of the strategy with respect 

to the recruitment, training, and retention of members of the special 

operations forces who have proficiency in a critical language. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘critical language’’ means a language identified by the Director of the National Security Education Program 

as critical to national security. 

(2) The terms ‘‘military departments’’ and ‘‘Secretary concerned’’ have the meanings given such terms in section 101 

of title 10, United States Code. 

(3) The term ‘‘proficiency’’ means proficiency in a language, 

as assessed by the Defense Language Proficiency Test. 

(4) The term ‘‘special operations forces’’ means forces 

described under section 167(j) of title 10, United States Code. 

Subtitle G—Other Matters 

SEC. 371. MILITARY AVIATION AND INSTALLATION ASSURANCE 

CLEARINGHOUSE MATTERS. 

(a) STRATEGY TO TEST AND INTEGRATE WIND TURBINE INTERFERENCE MITIGATION STRATEGIES.—The Secretary of Defense and 

the Secretary of the Air Force, in coordination with the Commander 

of United States Northern Command and the Commander of North 

American Aerospace Defense Command, shall develop a strategy 

to test and integrate wind turbine interference mitigation technologies into radars and the air surveillance command and control 

architecture of the Department of Defense. 

(b) MODIFICATION OF CLEARINGHOUSE REQUIREMENTS.—Section 

183a(c) of title 10, United States Code, is amended— 

(1) in paragraph (2), by adding at the end the following 

new subparagraph: 

Coordination. 

Time period. 

Coordination. 

Plan. 

Determination. 

Determination. 

Plan. 

Plan. 


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135 STAT. 1664 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(C) A notice of presumed risk issued under subparagraph 

(A) is a preliminary assessment only and does not represent a 

formal objection pursuant to subsection (e). Discussions of possible 

mitigation actions under such subparagraph could favorably resolve 

any concerns identified in the notice of presumed risk.’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(8) If, in reviewing an application for an energy project pursuant to paragraph (1), the Clearinghouse finds no adverse impact 

on military operations under section 44718(b)(1) of title 49, the 

Clearinghouse shall communicate to the Secretary of Transportation 

in writing, not later than five business days after making such 

finding, the following: ‘No Part 77 concerns, national security review 

ongoing.’.’’. 

SEC. 372. ESTABLISHMENT OF JOINT SAFETY COUNCIL. 

(a) IN GENERAL.—Chapter 7 of title 10, United States Code, 

is amended by inserting after section 183a the following new section: 

‘‘§ 184. Joint Safety Council 

‘‘(a) IN GENERAL.—There is established, within the Office of 

the Deputy Secretary of Defense, a Joint Safety Council (in this 

section referred to as the ‘Council’). 

‘‘(b) MEMBERSHIP; APPOINTMENT; COMPENSATION.—(1) The 

Council shall be composed of voting members as follows: 

‘‘(A) The Director of Safety for each military department. 

‘‘(B) An employee of the Department of Defense who is 

a career member of the Senior Executive Service and has a 

demonstrated record of success in the implementation of programs within the Department of Defense (as determined by 

the Deputy Secretary of Defense), appointed by the Deputy 

Secretary of Defense. 

‘‘(C) One member of the armed forces or civilian employee 

from each military department, appointed by the Secretary 

concerned. 

‘‘(D) Such additional members as may be determined by 

the Deputy Secretary of Defense. 

‘‘(2)(A) Each member of the Council shall serve at the will 

of the official who appointed that member. 

‘‘(B) Any vacancy on the Council shall be filled in the same 

manner as the original appointment. 

‘‘(3) Members of the Council may not receive additional pay, 

allowances, or benefits by reason of their service on the Council. 

‘‘(c) CHAIRPERSON AND VICE CHAIRPERSON.—(1)(A) The Secretary of Defense, or the designee of the Secretary, shall select 

one of the members of the Council who is a member of the armed 

forces to serve as the Chairperson of the Council. 

‘‘(B) The Chairperson shall serve for a term of two years and 

shall be responsible for— 

‘‘(i) serving as the Director of Safety for the Department 

of Defense; 

‘‘(ii) serving as principal advisor to the Secretary of Defense 

regarding military safety and related regulations and policy 

reforms, including issues regarding maintenance, supply chains, 

personnel management, and training; 

‘‘(iii) overseeing all duties and activities of the Council, 

including the conduct of military safety studies and the issuance 

of safety guidance to the military departments; 

Time period. 

10 USC 184. 

Deadline. 

Notice. 

Assessment. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1665 

‘‘(iv) working with, and advising, the Secretaries of the 

military departments through appointed safety chiefs to implement standardized safety guidance across the military departments; 

‘‘(v) submitting to the Secretary of Defense and Congress 

an annual report reviewing the compliance of each military 

department with the guidance described in clause (iv); 

‘‘(vi) advising Congress on issues relating to military safety 

and reforms; and 

‘‘(vii) overseeing coordination with other Federal agencies, 

including the Federal Aviation Administration, to inform military aviation safety guidance and reforms. 

‘‘(2) The individual appointed under subsection (b)(1)(B) shall 

serve as the Vice Chairperson. The Vice Chairperson shall report 

to the Chairperson and shall serve as Chairperson in the absence 

of the Chairperson. 

‘‘(d) RESPONSIBILITIES.—The Council shall carry out the following responsibilities: 

‘‘(1) Subject to subsection (e), issuing, publishing, and 

updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps. 

‘‘(2) With respect to mishap data— 

‘‘(A) establishing uniform data collection standards and 

a repository, that is accessible Department-wide, of data 

for mishaps in the Department of Defense; 

‘‘(B) reviewing the compliance of each military department in adopting and using the uniform data collection 

standards established under subparagraph (A); and 

‘‘(C) reviewing mishap data to assess, identify, and 

prioritize risk mitigation efforts and safety improvement 

efforts across the Department. 

‘‘(3) With respect to non-mishap data— 

‘‘(A) establishing standards and requirements for the 

collection of aircraft, equipment, simulator, airfield, range, 

pilot, and operator data; 

‘‘(B) establishing standards and requirements for the 

collection of ground vehicle equipment and crew data; and 

‘‘(C) establishing requirements for each military 

department to collect and analyze any waivers issued 

relating to pilot or operator qualifications or standards. 

‘‘(4) Reviewing and assessing civil and commercial aviation 

safety programs and practices to determine the suitability of 

such programs and practices for implementation in the military 

departments. 

‘‘(5) Establishing, in consultation with the Administrator 

of the Federal Aviation Administration, a requirement for each 

military department to implement an aviation safety management system. 

‘‘(6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for 

each military department to implement a separate safety 

management program for ground vehicles and ships. 

‘‘(7) Reviewing the proposal of each military department 

for the safety management systems described in paragraphs 

(9) and (10). 

‘‘(8) Reviewing the implementation of such systems by each 

military department. 

Coordination. 


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135 STAT. 1666 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(9) Ensuring each military department has in place a 

system to monitor the implementation of recommendations 

made in safety and legal investigation reports of mishap 

incidents. 

‘‘(e) OVERSIGHT.—The decisions and recommendations of the 

Council are subject to review and approval by the Deputy Secretary 

of Defense. 

‘‘(f) STAFF.—(1) The Council may appoint staff in accordance 

with section 3101 of title 5. 

‘‘(2) The Council may accept persons on detail from within 

the Department of Defense and from other Federal departments 

or agencies on a reimbursable or non-reimbursable basis. 

‘‘(g) CONTRACT AUTHORITY.—The Council may enter into contracts for the acquisition of administrative supplies, equipment, 

and personnel services for use by the Council, to the extent that 

funds are available for such purposes. 

‘‘(h) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV- ICES.—The Chairperson may procure temporary and intermittent 

services under section 3109(b) of title 5 at rates for individuals 

which do not exceed the daily equivalent of the annual rate of 

basic pay prescribed for level V of the Executive Schedule under 

section 5316 of such title. 

‘‘(i) DATA COLLECTION.—(1) Under regulations issued by the 

Secretary of Defense, the Council shall have access to Department 

of Defense databases necessary to carry out its responsibilities, 

including causal factors to be used for mishap reduction purposes. 

‘‘(2) Under regulations issued by the Secretary of Defense, 

the Council may enter into agreements with the Federal Aviation 

Administration, the National Transportation Safety Board, and any 

other Federal agency regarding the sharing of safety data. 

‘‘(3) Data collected by the Council pursuant to this subsection 

may include privileged safety information that is protected from 

disclosure or discovery to any person. 

‘‘(j) MEETINGS.—The Council shall meet quarterly and at the 

call of the Chairperson. 

‘‘(k) REPORT.—The Chair of the Council shall submit to the 

congressional defense committees semi-annual reports on the activities of the Council.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 183a the following new item: 

‘‘184. Joint Safety Council.’’. 

(c) DEADLINES.— (1) ESTABLISHMENT.—The Secretary of Defense shall ensure 

the establishment of the Joint Safety Council under section 

184 of title 10, United States Code (as added by subsection 

(a)), by not later than the date that is 120 days after the 

date of the enactment of this Act. 

(2) APPOINTMENT OF FIRST MEMBERS.—The initial members 

of the Joint Safety Council established under such section 184 

shall be appointed by not later than the date that is 120 

days after the date of the enactment of this Act. 

(3) DIRECTORS OF SAFETY.—Not later than 30 days after 

the date of the enactment of this Act, the Secretary of each 

military department shall ensure there is appointed as the 

Director of Safety for the military department concerned an 

officer of that military department in pay grade O–8 or above. 

10 USC 184 note. 

10 USC 171 prec. 

Time period. 

Contracts. 

Regulations. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1667 

(d) REPORT.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report that includes the 

following: 

(1) A description of the measures the Secretary plans to 

take to correct the issues identified in the report of the National 

Commission on Military Aviation Safety submitted to the President and Congress and dated December 1, 2020. 

(2) A statement as to whether the Secretary concurs or 

disagrees with the findings of such report. 

(3) A detailed plan of action for the implementation of 

each recommendation included in such report. 

(4) Any additional recommendations the Secretary determines are necessary to apply the findings of the National 

Commission on Military Aviation Safety in such report to all 

aspects of military safety. 

(e) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts 

authorized to be appropriated or otherwise made available by this 

Act for Military Personnel Appropriations for fiscal year 2022, 

$4,000,000 shall be made available for the Joint Safety Council 

established under section 184 of title 10, United States Code, as 

added by subsection (a). 

SEC. 373. IMPROVEMENTS AND CLARIFICATIONS RELATED TO MILITARY WORKING DOGS. 

(a) PROHIBITION ON CHARGE FOR TRANSFER OF MILITARY ANI- MALS.—Section 2583(d) of title 10, United States Code, is amended 

by striking ‘‘may’’ and inserting ‘‘shall’’. 

(b) INCLUSION OF MILITARY WORKING DOGS IN CERTAIN

RESEARCH.—Section 708(b) of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 

note) is amended— 

(1) in paragraph (7), by striking ‘‘of members of the Armed 

Forces’’ and inserting ‘‘with respect to both members of the 

Armed Forces and military working dogs’’; and 

(2) by striking paragraph (9) and inserting the following 

new paragraph: 

‘‘(9) To inform and advise the conduct of research on the 

leading causes of morbidity and mortality of members of the 

Armed Forces and military working dogs in combat.’’. 

SEC. 374. EXTENSION OF TEMPORARY AUTHORITY TO EXTEND CONTRACTS AND LEASES UNDER THE ARMS INITIATIVE. 

Section 343 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 10 U.S.C. 7554 note) is amended 

by striking ‘‘the date that is five years after the date of the enactment of this Act’’ and inserting ‘‘November 25, 2025,’’. 

SEC. 375. AUTHORITY TO MAINTAIN ACCESS TO CATEGORY 3 SUBTERRANEAN TRAINING FACILITY. 

(a) IN GENERAL.—The Secretary of Defense may ensure that 

the Department of Defense maintains access to a covered category 

3 subterranean training facility on a continuing basis. 

(b) AUTHORITY TO ENTER INTO LEASE.—The Secretary of 

Defense is authorized to enter into a short-term lease with a provider of a covered category 3 subterranean training facility for 

purposes of carrying out subsection (a). 

10 USC 2001 

note prec. 

Recommendations. 

Determination. 

Plan. 


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135 STAT. 1668 PUBLIC LAW 117–81—DEC. 27, 2021 

(c) COVERED CATEGORY 3 SUBTERRANEAN TRAINING FACILITY

DEFINED.—In this section, the term ‘‘covered category 3 subterranean training facility’’ means a category 3 subterranean training 

facility that is— 

(1) operational as of the date of the enactment of this 

Act; and 

(2) deemed safe for use as of such date. 

SEC. 376. ACCIDENT INVESTIGATION REVIEW BOARD. 

(a) PROPOSAL FOR ESTABLISHMENT OF BOARD.—The Deputy Secretary of Defense shall develop a proposal for the establishment 

of an Accident Investigation Review Board (in this section referred 

to as the ‘‘Board’’) to provide independent oversight and review 

of the legal investigations conducted by the Department of Defense 

outside of the safety process into the facts and circumstances surrounding operational and training accidents. The proposal shall 

include recommendations relating to— 

(1) the size and composition of the Board; 

(2) the process by which the Board would screen accident 

investigations to identify unsatisfactory, biased, incomplete, or 

insufficient investigations requiring subsequent review by the 

Board, including whether the Board should review investigations meeting a predetermined threshold (such as all fatal 

accidents or all Class A mishaps); 

(3) the process by which the military departments and 

other components of the Department of Defense could refer 

pending or completed accident investigations to the Board for 

review; 

(4) the process by which the Board would evaluate a particular accident investigation for accuracy, thoroughness, and 

objectivity; 

(5) the requirements for and process by which the convening component of an investigation reviewed by the Board 

should address the findings of the Board’s review of that particular investigation; 

(6) proposed procedures for safeguarding privileged and 

sensitive data and safety information collected during the investigation review process; and 

(7) how and when the Board would be required to report 

to the Deputy Secretary of Defense on the activities of the 

Board, the outcomes of individual investigation reviews performed by the Board, and the assessment of the Board 

regarding cross-cutting themes and trends identified by those 

reviews. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Deputy Secretary of Defense shall submit 

to the congressional defense committee the proposal required by 

subsection (a) and a timeline for establishing the Board. 

SEC. 377. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS ON PREVENTING TACTICAL VEHICLE 

TRAINING ACCIDENTS. 

(a) PLAN REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, each Secretary concerned shall submit 

to the congressional defense committees and to the Comptroller 

General of the United States a plan to address the recommendations 

in the report of the Government Accountability Office entitled 

Deadlines. 

10 USC 2001 

note prec. 

Deadline. 

Timeline. 

Reports. 

Assessment. 

Procedures. 

Requirements. 

Recommendations. 

Effective date. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1669 

‘‘Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents’’ (GAO–21–361). Each such 

plan shall include, with respect to each recommendation in such 

report that the Secretary concerned has implemented or intends 

to implement— 

(1) a summary of actions that have been or will be taken 

to implement the recommendation; and 

(2) a schedule, with specific milestones, for completing 

implementation of the recommendation. 

(b) DEADLINE FOR IMPLEMENTATION.— (1) IN GENERAL.—Except as provided in paragraph (2), not 

later than 18 months after the date of the enactment of this 

Act, each Secretary concerned shall carry out activities to implement the plan of the Secretary developed under subsection 

(a). 

(2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.— 

(A) DELAYED IMPLEMENTATION.—A Secretary concerned 

may initiate implementation of a recommendation in the 

report referred to in subsection (a) after the date specified 

in paragraph (1) if, on or before such date, the Secretary 

provides to the congressional defense committees a specific 

justification for the delay in implementation of such recommendation. 

(B) NONIMPLEMENTATION.—A Secretary concerned may 

decide not to implement a recommendation in the report 

referred to in subsection (a) if, on or before the date specified in paragraph (1), the Secretary provides to the congressional defense committees— 

(i) a specific justification for the decision not to 

implement the recommendation; and 

(ii) a summary of alternative actions the Secretary 

plans to take to address the conditions underlying 

the recommendation. 

(c) SECRETARY CONCERNED.—In this section, the term ‘‘Secretary concerned’’ means— 

(1) the Secretary of the Army, with respect to the Army; 

and 

(2) the Secretary of the Navy, with respect to the Navy. 

SEC. 378. REQUIREMENTS RELATING TO EMISSIONS CONTROL TACTICS, TECHNIQUES, AND PROCEDURES. 

(a) REVIEW.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall conduct a 

review of current electromagnetic spectrum emissions control tactics, techniques, and procedures across the joint force. 

(b) REQUIREMENTS.—Not later than 60 days after completing 

the review under subsection (a), the Secretary of Defense shall 

direct each Secretary of a military department to update or establish, as applicable, standard tactics, techniques, and procedures, 

including down to the operational level, pertaining to emissions 

control discipline during all phases of operations. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report on the implementation status of the 

tactics, techniques, and procedures updated or established, as 

Updates. 

Deadlines. 

10 USC 113 note. 

Definition. 

Summary. 

Schedule. 

Summary. 


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135 STAT. 1670 PUBLIC LAW 117–81—DEC. 27, 2021 

applicable, under subsection (b) by each of the military departments, 

including— 

(1) incorporation into doctrine of the military departments; 

(2) integration into training of the military departments; 

and 

(3) efforts to coordinate with the militaries of partner countries and allies to develop similar standards and associated 

protocols, including through the use of working groups. 

SEC. 379. MANAGEMENT OF FATIGUE AMONG CREW OF NAVAL SURFACE SHIPS AND RELATED IMPROVEMENTS. 

(a) REQUIREMENT.—The Secretary of the Navy shall implement 

each recommendation for executive action set forth in the report 

of the Government Accountability Office titled ‘‘Navy Readiness: 

Additional Efforts Are Needed to Manage Fatigue, Reduce Crewing 

Shortfalls, and Implement Training’’ (GAO–21–366). 

(b) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary of the Navy shall submit 

to the congressional defense committees and the Comptroller General a report on the status of actions taken by the Secretary to 

monitor crew fatigue and ensure equitable fatigue management 

throughout the naval surface ship fleet in accordance with subsection (a). Such report shall include the following: 

(1) An assessment of the extent of crew fatigue throughout 

the naval surface ship fleet. 

(2) A description of the metrics used to assess the extent 

of fatigue pursuant to paragraph (1). 

(3) An identification of results-oriented goals for effective 

fatigue management. 

(4) An identification of timeframes for achieving the goals 

identified pursuant to paragraph (3). 

(c) COMPTROLLER GENERAL BRIEFING.—Not later than 90 days 

after the date on which the Comptroller General receives the report 

under subsection (b), the Comptroller General shall provide to the 

congressional defense committees a briefing on the extent to which 

the actions and goals described in the report meet the requirements 

of subsection (a). 

SEC. 380. AUTHORITY FOR ACTIVITIES TO IMPROVE NEXT GENERATION RADAR SYSTEMS CAPABILITIES. 

(a) AUTHORITY.—The Secretary of Defense may undertake 

activities to enhance future radar systems capabilities, including 

the following: 

(1) Designating specific industry, academic, government, 

or public-private partnership entities to provide expertise in 

the repair, sustainment, and support of radar systems to meet 

current and future defense requirements, as appropriate. 

(2) Facilitating collaboration among academia, the Federal 

Government, the defense industry, and the commercial sector, 

including with respect to radar system repair and sustainment 

activities. 

(3) Establishing advanced research and workforce training 

and educational programs to enhance future radar systems 

capabilities. 

(4) Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of radar systems in defense systems and operational 

activities, including continuing education and training goals. 

10 USC 4001 

note. 

Deadline. 

Timeframes. 

Assessment. 

10 USC 8605 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1671 

(5) Increasing communications and personnel exchanges 

with radar systems experts in industry to support adoption 

of state-of-the-art technologies and operational practices, especially to support meeting future defense needs related to radar 

systems in autonomous systems. 

(6) Establishing agreements with one or more institutions 

of higher education or other organizations in academia or 

industry to provide for activities authorized under this section. 

(7) Partnering with nonprofit institutions and private 

industry with expertise in radar systems to support activities 

authorized under this section. 

(8) Establishing research centers and facilities, including 

centers of excellence, as appropriate to support activities 

authorized under this section, especially to promote partnerships between government, industry, and academia. 

(b) INSTITUTION OF HIGHER EDUCATION DEFINED.—The term 

‘‘institution of higher education’’ has the meaning given that term 

in section 101 of the Higher Education Act of 1965 (20 U.S.C. 

1001). 

SEC. 381. PILOT PROGRAM ON MILITARY WORKING DOG AND EXPLOSIVES DETECTION CANINE HEALTH AND EXCELLENCE. 

(a) PILOT PROGRAM.—Not later than September 31, 2022, the 

Secretary of Defense shall carry out a pilot program to ensure 

the health and excellence of explosives detection military working 

dogs. Under such pilot program, the Secretary shall consult with 

domestic breeders of working dog lines, covered institutions of 

higher education, and covered national domestic canine associations, 

to— 

(1) facilitate the presentation, both in a central location 

and at regional field evaluations in the United States, of domestically-bred explosives detection military working dogs for 

assessment for procurement by the Department of Defense, 

at a rate of at least 250 canines presented per fiscal year; 

(2) facilitate the delivery and communication to domestic 

breeders, covered institutions of higher education, and covered 

national domestic canine associations, of information 

regarding— 

(A) any specific needs or requirements for the future 

acquisition by the Department of explosives detection military working dogs; and 

(B) any factors identified as relevant to the success 

or failure of explosives detection military working dogs 

presented for assessment pursuant to this section; 

(3) collect information on the biological and health factors 

of explosives detection military working dogs procured by the 

Department, and make such information available for academic 

research and to domestic breeders; 

(4) collect and make available genetic and phenotypic 

information, including canine rearing and training data for 

study by domestic breeders and covered institutions of higher 

education, for the further development of working canines that 

are bred, raised, and trained domestically; and 

(5) evaluate current Department guidance for the procurement of military working dogs to ensure that pricing structures 

and procurement requirements for foreign and domestic canine 

Evaluation. 

Consultation. 

Deadline. 

10 USC 3062 

note. 


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135 STAT. 1672 PUBLIC LAW 117–81—DEC. 27, 2021 

procurements accurately account for input cost differences 

between foreign and domestic canines. 

(b) TERMINATION.—The authority to carry out the pilot program 

under subsection (a) shall terminate on October 1, 2024. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘covered institution of higher education’’ 

means an institution of higher education, as such term is 

defined in section 101 of the Higher Education Act of 1965 

(20 U.S.C. 1001), with demonstrated expertise in veterinary 

medicine for working canines. 

(2) The term ‘‘covered national domestic canine association’’ 

means a national domestic canine association with demonstrated expertise in the breeding and pedigree of working 

canine lines. 

(3) The term ‘‘explosives detection military working dog’’ 

means a canine that, in connection with the work duties of 

the canine performed for the Department of Defense, is certified 

and trained to detect odors indicating the presence of explosives 

in a given object or area, in addition to the performance of 

such other duties for the Department as may be assigned. 

SEC. 382. DEPARTMENT OF DEFENSE RESPONSE TO MILITARY LAZING 

INCIDENTS. 

(a) INVESTIGATION INTO LAZING OF MILITARY AIRCRAFT.— 

(1) INVESTIGATION REQUIRED.—The Secretary of Defense 

shall conduct a formal investigation into all incidents of lazing 

of military aircraft that occurred during fiscal year 2021. The 

Secretary shall carry out such investigation in coordination 

and collaboration with appropriate non-Department of Defense 

entities. 

(2) REPORT TO CONGRESS.—Not later than March 31, 2022, 

the Secretary shall submit to the congressional defense committees a report on the findings of the investigation conducted 

pursuant to paragraph (1). 

(b) INFORMATION SHARING.—The Secretary shall seek to 

increase information sharing between the Department of Defense 

and the States with respect to incidents of lazing of military aircraft, 

including by entering into memoranda of understanding with State 

law enforcement agencies on information sharing in connection 

with such incidents to provide for procedures for closer cooperation 

with local law enforcement in responding to such incidents as 

soon as they are reported. 

(c) DATA COLLECTION AND TRACKING.—The Secretary shall collect such data as may be necessary to track the correlation between 

noise complaints and incidents of military aircraft lazing. 

(d) OPERATING PROCEDURES.—The Secretary shall give consideration to adapting local operating procedures in areas with high 

incidence of military aircraft lazing incidents to reduce potential 

injury to aircrew. 

(e) EYE PROTECTION.—The Secretary shall examine the availability of commercial off-the-shelf laser eye protection equipment 

that protects against the most commonly available green light lasers 

that are available to the public. If the Secretary determines that 

no such laser eye protection equipment is available, the Secretary 

shall conduct research and develop such equipment. 

Determination. 

Research and 

development. 

Memorandum. 

Coordination. 

Collaboration. 

Time period. 

10 USC 113 note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1673 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revisions in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority to vary Space Force end strength. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Sec. 415. Accounting of reserve component members performing active duty or fulltime National Guard duty towards authorized end strengths. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

The Armed Forces are authorized strengths for active duty 

personnel as of September 30, 2022, as follows: 

(1) The Army, 485,000. 

(2) The Navy, 346,920. 

(3) The Marine Corps, 178,500. 

(4) The Air Force, 329,220. 

(5) The Space Force, 8,400. 

SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended 

by striking paragraphs (1) through (5) and inserting the following 

new paragraphs: 

‘‘(1) For the Army, 485,000. 

‘‘(2) For the Navy, 346,920. 

‘‘(3) For the Marine Corps, 178,500. 

‘‘(4) For the Air Force, 329,220. 

‘‘(5) For the Space Force, 8,400.’’. 

SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END 

STRENGTH. 

(a) IN GENERAL.—Notwithstanding section 115(g) of title 10, 

United States Code, upon determination by the Secretary of the 

Air Force that such action would enhance manning and readiness 

in essential units or in critical specialties, the Secretary may vary 

the end strength authorized by Congress for each fiscal year as 

follows: 

(1) Increase the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a 

number equal to not more than 5 percent of such authorized 

end strength. 

(2) Decrease the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a 

number equal to not more than 10 percent of such authorized 

end strength. 

Determination. 


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135 STAT. 1674 PUBLIC LAW 117–81—DEC. 27, 2021 

(b) TERMINATION.—The authority provided under subsection 

(a) shall terminate on December 31, 2022. 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for Selected Reserve personnel of the reserve components as of 

September 30, 2022, as follows: 

(1) The Army National Guard of the United States, 336,000. 

(2) The Army Reserve, 189,500. 

(3) The Navy Reserve, 58,600. 

(4) The Marine Corps Reserve, 36,800. 

(5) The Air National Guard of the United States, 108,300. 

(6) The Air Force Reserve, 70,300. 

(7) The Coast Guard Reserve, 7,000. 

(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 

by subsection (a) for the Selected Reserve of any reserve component 

shall be proportionately reduced by— 

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which 

are on active duty (other than for training) at the end of 

the fiscal year; and 

(2) the total number of individual members not in units 

organized to serve as units of the Selected Reserve of such 

component who are on active duty (other than for training 

or for unsatisfactory participation in training) without their 

consent at the end of the fiscal year. 

(c) END STRENGTH INCREASES.—Whenever units or individual 

members of the Selected Reserve of any reserve component are 

released from active duty during any fiscal year, the end strength 

prescribed for such fiscal year for the Selected Reserve of such 

reserve component shall be increased proportionately by the total 

authorized strengths of such units and by the total number of 

such individual members. 

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. 

Within the end strengths prescribed in section 411(a), the 

reserve components of the Armed Forces are authorized, as of 

September 30, 2022, the following number of Reserves to be serving 

on full-time active duty or full-time duty, in the case of members 

of the National Guard, for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 30,845. 

(2) The Army Reserve, 16,511. 

(3) The Navy Reserve, 10,293. 

(4) The Marine Corps Reserve, 2,386. 

(5) The Air National Guard of the United States, 25,333. 

(6) The Air Force Reserve, 6,003. 

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 

STATUS). 

(a) IN GENERAL.—The minimum authorized number of military 

technicians (dual status) as of the last day of fiscal year 2022 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1675 

for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the 

following: 

(1) For the Army National Guard of the United States, 

22,294. 

(2) For the Army Reserve, 6,492. 

(3) For the Air National Guard of the United States, 10,994. 

(4) For the Air Force Reserve, 7,111. 

(b) LIMITATION ON NUMBER OF TEMPORARY MILITARY TECHNI- CIANS (DUAL STATUS).—The number of temporary military technicians (dual-status) employed under the authority of subsection (a) 

may not exceed 25 percent of the total authorized number specified 

in such subsection. 

(c) LIMITATION.—Under no circumstances may a military technician (dual status) employed under the authority of this section 

be coerced by a State into accepting an offer of realignment or 

conversion to any other military status, including as a member 

of the Active Guard and Reserve program of a reserve component. 

If a military technician (dual status) declines to participate in 

such realignment or conversion, no further action will be taken 

against the individual or the individual’s position. 

SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2022, the maximum number of members 

of the reserve components of the Armed Forces who may be serving 

at any time on full-time operational support duty under section 

115(b) of title 10, United States Code, is the following: 

(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Navy Reserve, 6,200. 

(4) The Marine Corps Reserve, 3,000. 

(5) The Air National Guard of the United States, 16,000. 

(6) The Air Force Reserve, 14,000. 

SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEMBERS PERFORMING ACTIVE DUTY OR FULL-TIME NATIONAL GUARD 

DUTY TOWARDS AUTHORIZED END STRENGTHS. 

Section 115(b)(2)(B) of title 10, United States Code, is amended 

by striking ‘‘1095 days in the previous 1460 days’’ and inserting 

‘‘1825 days in the previous 2190 days’’. 

Subtitle C—Authorization of 

Appropriations 

SEC. 421. MILITARY PERSONNEL. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal year 2022 for the use 

of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. 

(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 

appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for 

fiscal year 2022. 


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135 STAT. 1676 PUBLIC LAW 117–81—DEC. 27, 2021 

TITLE V—MILITARY PERSONNEL 

POLICY 

Subtitle A— Officer Personnel Policy 

Sec. 501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements. 

Sec. 502. Time in grade requirements. 

Sec. 503. Authority to vary number of Space Force officers considered for promotion 

to major general. 

Sec. 504. Seaman to Admiral-21 program: credit towards retirement. 

Sec. 505. Independent assessment of retention of female surface warfare officers. 

Sec. 506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N). 

Subtitle B—Reserve Component Management 

Sec. 511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers’ Training Corps 

to include quantum information sciences. 

Sec. 512. Prohibition on private funding for interstate deployment of National 

Guard. 

Sec. 513. Access to Tour of Duty system. 

Sec. 514. Implementation of certain recommendations regarding use of unmanned 

aircraft systems by the National Guard. 

Sec. 515. Continued National Guard support for FireGuard program. 

Sec. 516. Enhancement of National Guard Youth Challenge Program. 

Sec. 517. Report on methods to enhance support from the reserve components in 

response to catastrophic incidents. 

Sec. 518. Study on reapportionment of National Guard force structure based on domestic responses. 

Sec. 519. Briefing on Junior Reserve Officers’ Training Corps program. 

Subtitle C—General Service Authorities and Military Records 

Sec. 521. Reduction in service commitment required for participation in career 

intermission program of a military department. 

Sec. 522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments. 

Sec. 523. Notice program relating to options for naturalization. 

Sec. 524. Appeals to Physical Evaluation Board determinations of fitness for duty. 

Sec. 525. Command oversight of military privatized housing as element of performance evaluations. 

Sec. 526. Feasibility study on establishment of housing history for members of the 

Armed Forces who reside in housing provided by the United States. 

Sec. 527. Enhancements to national mobilization exercises. 

Sec. 528. Temporary exemption from end strength grade restrictions for the Space 

Force. 

Sec. 529. Report on exemptions and deferments for a possible military draft. 

Sec. 529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service. 

Sec. 529B. Study and report on administrative separation boards. 

Subtitle D—Military Justice Reform 

PART 1—SPECIAL TRIAL COUNSEL

Sec. 531. Special trial counsel. 

Sec. 532. Policies with respect to special trial counsel. 

Sec. 533. Definition of military magistrate, covered offense, and special trial counsel. 

Sec. 534. Clarification relating to who may convene courts-martial. 

Sec. 535. Detail of trial counsel. 

Sec. 536. Preliminary hearing. 

Sec. 537. Advice to convening authority before referral for trial. 

Sec. 538. Former jeopardy. 

Sec. 539. Plea agreements. 

Sec. 539A. Determinations of impracticability of rehearing. 

Sec. 539B. Applicability to the United States Coast Guard. 

Sec. 539C. Effective date. 

PART 2—SEXUAL HARASSMENT; SENTENCING REFORM

Sec. 539D. Inclusion of sexual harassment as general punitive article. 


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Sec. 539E. Sentencing reform. 

PART 3—REPORTS AND OTHER MATTERS

Sec. 539F. Briefing and report on resourcing required for implementation. 

Sec. 539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military. 

Subtitle E—Other Military Justice and Legal Matters 

Sec. 541. Rights of the victim of an offense under the Uniform Code of Military Justice. 

Sec. 542. Conduct unbecoming an officer. 

Sec. 543. Independent investigation of complaints of sexual harassment. 

Sec. 544. Department of Defense tracking of allegations of retaliation by victims of 

sexual assault or sexual harassment and related persons. 

Sec. 545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial. 

Sec. 546. Civilian positions to support Special Victims’ Counsel. 

Sec. 547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law. 

Sec. 548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown. 

Sec. 549. Activities to improve family violence prevention and response. 

Sec. 549A. Annual primary prevention research agenda. 

Sec. 549B. Primary prevention workforce. 

Sec. 549C. Reform and improvement of military criminal investigative organizations. 

Sec. 549D. Military defense counsel. 

Sec. 549E. Full functionality of Military Justice Review Panel. 

Sec. 549F. Military service independent racial disparity review. 

Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system. 

Sec. 549H. DoD Safe Helpline authorization to perform intake of official restricted 

and unrestricted reports for eligible adult sexual assault victims. 

Sec. 549I. Extension of annual report regarding sexual assaults involving members 

of the Armed Forces. 

Sec. 549J. Study and report on Sexual Assault Response Coordinator military occupational specialty. 

Sec. 549K. Amendments to additional Deputy Inspector General of the Department 

of Defense. 

Sec. 549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces. 

Sec. 549M. Recommendations on separate punitive article in the Uniform Code of 

Military Justice on violent extremism. 

Sec. 549N. Combating foreign malign influence. 

Subtitle F—Member Education, Training, and Transition 

Sec. 551. Troops-to-Teachers Program. 

Sec. 552. Codification of human relations training for certain members of the 

Armed Forces. 

Sec. 553. Allocation of authority for nominations to the military service academies 

in the event of the death, resignation, or expulsion from office of a Member of Congress. 

Sec. 554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired. 

Sec. 555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely. 

Sec. 556. Defense Language Institute Foreign Language Center. 

Sec. 557. United States Naval Community College. 

Sec. 558. Codification of establishment of United States Air Force Institute of Technology. 

Sec. 559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits. 

Sec. 559A. Regulations on certain parental guardianship rights of cadets and midshipmen. 

Sec. 559B. Defense language continuing education program. 

Sec. 559C. Prohibition on implementation by United States Air Force Academy of 

civilian faculty tenure system. 

Sec. 559D. Professional military education: report; definition. 

Sec. 559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors. 


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Sec. 559F. Report on status of Army Tuition Assistance Program Army IgnitED 

program. 

Sec. 559G. Briefing on cadets and midshipmen with speech disorders. 

Subtitle G—Military Family Readiness and Dependents’ Education 

Sec. 561. Expansion of support programs for special operations forces personnel 

and immediate family members. 

Sec. 562. Improvements to the Exceptional Family Member Program. 

Sec. 563. Certain assistance to local educational agencies that benefit dependents 

of military and civilian personnel. 

Sec. 564. Pilot program to establish employment fellowship opportunities for military spouses. 

Sec. 565. Policy regarding remote military installations. 

Sec. 566. Implementation of GAO recommendation on improved communication of 

best practices to engage military spouses with career assistance resources. 

Sec. 567. Study on employment of military spouses. 

Sec. 568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families. 

Sec. 569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs. 

Sec. 569A. Briefing on legal services for families enrolled in the Exceptional Family 

Member Program. 

Sec. 569B. GAO review of Preservation of the Force and Family Program of United 

States Special Operations Command: briefing; report. 

Subtitle H—Diversity and Inclusion 

Sec. 571. Reduction of gender-related inequities in costs of uniforms to members of 

the Armed Forces. 

Sec. 572. Study on number of members of the Armed Forces who identify as Hispanic or Latino. 

Sec. 573. Inclusion of military service academies, Officer Candidate and Training 

Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting. 

Sec. 574. Extension of deadline for GAO report on equal opportunity at the military 

service academies. 

Subtitle I—Decorations and Awards, Miscellaneous Reports, and Other Matters 

Sec. 581. Modified deadline for establishment of special purpose adjunct to Armed 

Services Vocational Aptitude Battery test. 

Sec. 582. Authorizations for certain awards. 

Sec. 583. Establishment of the Atomic Veterans Commemorative Service Medal. 

Sec. 584. Updates and preservation of memorials to chaplains at Arlington National Cemetery. 

Sec. 585. Reports on security force personnel performing protection level one duties. 

Sec. 586. GAO study on tattoo policies of the Armed Forces. 

Sec. 587. Briefing regarding best practices for community engagement in Hawaii. 

Subtitle A— Officer Personnel Policy 

SEC. 501. AUTHORITY WITH RESPECT TO AUTHORIZED STRENGTHS 

FOR GENERAL AND FLAG OFFICERS WITHIN THE ARMED 

FORCES FOR EMERGING REQUIREMENTS. 

(a) AUTHORITY ON AND BEFORE DECEMBER 31, 2022.—Section 

526 of title 10, United States Code, is amended— 

(1) by redesignating subsection (k) as subsection (l); and 

(2) by inserting after subsection (j) the following new subsection: 

‘‘(k) TRANSFER OF AUTHORIZATIONS AMONG THE MILITARY SERVICES.—(1) The Secretary of Defense may increase the maximum 

number of brigadier generals or major generals in the Army, Air 

Force, Marine Corps, or Space Force, or rear admirals (lower half) 

or rear admirals in the Navy, allowed under subsection (a) and 

section 525 of this title, and the President may appoint officers 

President. 

Appointments. 


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in the equivalent grades equal to the number increased by the 

Secretary of Defense, if each appointment is made in conjunction 

with an offsetting reduction under paragraph (2). 

‘‘(2) For each increase and appointment made under the 

authority of paragraph (1) in the Army, Navy, Air Force, Marine 

Corps, or Space Force, the number of appointments that may be 

made in the equivalent grade in one of the other armed forces 

(other than the Coast Guard) shall be reduced by one. When such 

an increase and appointment is made, the Secretary of Defense 

shall specify the armed force in which the reduction required by 

this paragraph is to be made. 

‘‘(3) The total number of general officers and flag officers 

increased under paragraph (1), combined with the total number 

of general officers and flag officers increased under section 526a(i)(1) 

of this title, may not exceed 15 at any one time. 

‘‘(4) The Secretary may not increase the maximum number 

of general officers or flag officers under paragraph (1) until the 

date that is 30 days after the date on which the Secretary provides, 

to the Committees on Armed Services of the Senate and the House 

of Representatives, written notice of— 

‘‘(A) such increase; and 

‘‘(B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.’’. 

(b) AUTHORITY AFTER DECEMBER 31, 2022.—Section 526a of 

title 10, United States Code, is amended by adding at the end 

the following new subsection: 

‘‘(i) TRANSFER OF AUTHORIZATIONS AMONG THE MILITARY SERVICES.—(1) The Secretary of Defense may increase the maximum 

number of brigadier generals or major generals in the Army, Air 

Force, Marine Corps, or Space Force, or rear admirals (lower half) 

or rear admirals in the Navy, allowed under subsection (a) and 

section 525 of this title and the President may appoint officers 

in the equivalent grades equal to the number increased by the 

Secretary of Defense if each appointment is made in conjunction 

with an offsetting reduction under paragraph (2). 

‘‘(2) For each increase and appointment made under the 

authority of paragraph (1) in the Army, Navy, Air Force, Marine 

Corps, or Space Force, the number of appointments that may be 

made in the equivalent grade in one of the other armed forces 

(other than the Coast Guard) shall be reduced by one. When such 

an increase and appointment is made, the Secretary of Defense 

shall specify the armed force in which the reduction required by 

this paragraph is to be made. 

‘‘(3) The total number of general officers and flag officers 

increased under paragraph (1), combined with the total number 

of general officers and flag officers increased under section 526(k)(1) 

of this title, may not exceed 15 at any one time. 

‘‘(4) The Secretary may not increase the maximum number 

of general officers or flag officers under paragraph (1) until the 

date that is 30 days after the date on which the Secretary provides, 

to the Committees on Armed Services of the Senate and the House 

of Representatives, written notice of— 

‘‘(A) such increase; and 

‘‘(B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.’’. 

Effective date. 

Time period. 

Notice. 

President. 

Appointments. 

Effective date. 

Time period. 

Notice. 


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135 STAT. 1680 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 502. TIME IN GRADE REQUIREMENTS. 

Section 619(a) of title 10, United States Code, is amended— 

(1) in paragraph (2), by striking ‘‘paragraph (4)’’ and 

inserting ‘‘paragraph (5)’’; 

(2) by redesignating paragraphs (4) and (5) as paragraphs 

(5) and (6), respectively; and 

(3) by inserting after paragraph (3) the following new paragraph: 

‘‘(4) When the needs of the service require, the Secretary of 

the military department concerned may prescribe a shorter period 

of service in grade, but not less than two years, for eligibility 

for consideration for promotion, in the case of officers designated 

for limited duty to whom paragraph (2) applies.’’. 

SEC. 503. AUTHORITY TO VARY NUMBER OF SPACE FORCE OFFICERS 

CONSIDERED FOR PROMOTION TO MAJOR GENERAL. 

(a) IN GENERAL.—Notwithstanding section 616(d) of title 10, 

United States Code, the number of officers recommended for promotion by a selection board convened by the Secretary of the Air 

Force under section 611(a) of title 10, United States Code, to consider officers on the Space Force active duty list for promotion 

to major general may not exceed the number equal to 95 percent 

of the total number of brigadier generals eligible for consideration 

by the board. 

(b) TERMINATION.—The authority provided under subsection 

(a) shall terminate on December 31, 2022. 

SEC. 504. SEAMAN TO ADMIRAL-21 PROGRAM: CREDIT TOWARDS 

RETIREMENT. 

(a) CREDIT.—For each participant in the Seaman to Admiral21 program during fiscal years 2010 through 2014 for whom the 

Secretary of the Navy cannot find evidence of an acknowledgment 

that, before entering a baccalaureate degree program, service during 

the baccalaureate degree program would not be included when 

computing years of service for retirement, the Secretary shall 

include service during the baccalaureate degree program when computing— 

(1) years of service; and 

(2) retired or retainer pay. 

(b) REPORT REQUIRED.—The Secretary shall submit a report 

to the Committees on Armed Services of the Senate and House 

of Representatives regarding the number of participants credited 

with service under subsection (a). 

(c) DEADLINE.—The Secretary shall carry out this section not 

later than 180 days after the date of the enactment of this Act. 

SEC. 505. INDEPENDENT ASSESSMENT OF RETENTION OF FEMALE SURFACE WARFARE OFFICERS. 

(a) IN GENERAL.—The Secretary of Defense shall seek to enter 

into an agreement with a nonprofit entity or a federally funded 

research and development center independent of the Department 

of Defense to conduct research and analysis on the gender gap 

in retention of surface warfare officers in the Navy. 

(b) ELEMENTS.—The research and analysis conducted under 

subsection (a) shall include consideration of the following: 

(1) Demographics of surface warfare officers, disaggregated 

by gender, including— 

(A) race; 

Contracts. 

Analysis. 

Time period. 


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(B) ethnicity; 

(C) socioeconomic status; 

(D) marital status (including whether the spouse is 

a member of the Armed Forces and, if so, the length of 

service of such spouse); 

(E) whether the officer has children (including number 

and age or ages of children); 

(F) whether an immediate family member serves or 

has served as a member of the Armed Forces; and 

(G) the percentage of such officers who— 

(i) indicate an intent to complete only an initial 

service agreement; and 

(ii) complete only an initial service agreement. 

(2) Whether there is a correlation between the number 

of female surface warfare officers serving on a vessel and 

responses of such officers to command climate surveys. 

(3) An anonymous but traceable study of command climate 

results to— 

(A) correlate responses from particular female surface 

warfare officers with resignation; and 

(B) compare attitudes of first-tour and second-tour 

female surface warfare officers. 

(4) Recommendations based on the findings under paragraphs (1), (2), and (3). 

(c) REPORTS.— 

(1) IN GENERAL.—Not later than 270 days after the date 

on which a nonprofit entity or federally funded research and 

development center enters into an agreement under subsection 

(a) with the Secretary of Defense, such entity or center shall 

submit to the Secretary of Defense a report on the results 

of the research and analysis under subsection (a). 

(2) SUBMISSION TO CONGRESS.—Not later than one year 

after the date of the enactment of this Act, the Secretary 

of Defense shall submit to the congressional defense committees 

each of the following: 

(A) A copy of the report submitted under paragraph 

(1) without change. 

(B) Any comments, changes, recommendations, or other 

information provided by the Secretary of Defense relating 

to the research and analysis under subsection (a) and contained in such report. 

SEC. 506. REPORTS ON AIR FORCE PERSONNEL PERFORMING DUTIES 

OF A NUCLEAR AND MISSILE OPERATIONS OFFICER (13N). 

(a) IN GENERAL.—The Secretary of the Air Force shall submit 

to the congressional defense committees a report on personnel performing the duties of a Nuclear and Missile Operations Officer 

(13N)— 

(1) not later than 90 days after the date of the enactment 

of this Act; and 

(2) concurrent with the submission to Congress of the 

budget of the President for each of fiscal years 2023 through 

2027 pursuant to section 1105(a) of title 31, United States 

Code. 

(b) ELEMENTS.—Each report required by subsection (a) shall 

include the following: 

Recommendations. 

Records. 

Recommendations. 

Study. 


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135 STAT. 1682 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) The number of Nuclear and Missile Operations Officers 

commissioned, by commissioning source, during the most recent 

fiscal year that ended before submission of the report. 

(2) A description of the rank structure and number of 

such officers by intercontinental ballistic missile operational 

group during that fiscal year. 

(3) The retention rate of such officers by intercontinental 

ballistic missile operational group during that fiscal year and 

an assessment of reasons for any loss in retention of such 

officers. 

(4) A description of the rank structure and number of 

officers by intercontinental ballistic missile operational group 

performing alert duties by month during that fiscal year. 

(5) A description of the structure of incentive pay for officers 

performing 13N duties during that fiscal year. 

(6) A personnel manning plan for managing officers performing alert duties during the period of five fiscal years after 

submission of the report. 

(7) A description of methods, with metrics, to manage the 

transition of Nuclear and Missile Operations Officers, by intercontinental ballistic missile operational group, to other career 

fields in the Air Force. 

(8) Such other matters as the Secretary considers appropriate to inform the congressional defense committees with 

respect to the 13N career field during the period of five to 

ten fiscal years after submission of the report. 

Subtitle B—Reserve Component 

Management 

SEC. 511. MODIFICATION OF GRANT PROGRAM SUPPORTING SCIENCE, 

TECHNOLOGY, ENGINEERING, AND MATH EDUCATION IN 

THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS TO 

INCLUDE QUANTUM INFORMATION SCIENCES. 

Section 2036(g)(2) of title 10, United States Code, is amended— 

(1) by redesignating subparagraphs (J) through (M) as subparagraphs (K) through (N), respectively; and 

(2) by inserting after subparagraph (I) the following new 

subparagraph: 

‘‘(J) quantum information sciences;’’. 

SEC. 512. PROHIBITION ON PRIVATE FUNDING FOR INTERSTATE 

DEPLOYMENT OF NATIONAL GUARD. 

(a) PROHIBITION.—Chapter 3 of title 32, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 329. Prohibition on private funding for interstate deployment 

‘‘A member of the National Guard may not be ordered to 

cross a border of a State to perform duty (under this title or 

title 10) if such duty is paid for with private funds, unless such 

duty is in response to a major disaster or emergency under section 

401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).’’. 

32 USC 329. 

Time period. 

Plan. 

Time period. 

Assessment. 


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(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘329. Prohibition on private funding for interstate deployment.’’. 

SEC. 513. ACCESS TO TOUR OF DUTY SYSTEM. 

(a) ACCESS.— (1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary of the Army shall 

ensure, subject to paragraph (2), that a member of the reserve 

components of the Army may access the Tour of Duty system 

using a personal internet-enabled device. 

(2) EXCEPTION.—The Secretary of the Army may restrict 

access to the Tour of Duty system on personal internet-enabled 

devices if the Secretary determines such restriction is necessary 

to ensure the security and integrity of information systems 

and data of the United States. 

(b) TOUR OF DUTY SYSTEM DEFINED.—In this Act, the term 

‘‘Tour of Duty system’’ means the online system of listings for 

opportunities to serve on active duty for members of the reserve 

components of the Army and through which such a member may 

apply for such an opportunity, known as ‘‘Tour of Duty’’, or any 

successor to such system. 

SEC. 514. IMPLEMENTATION OF CERTAIN RECOMMENDATIONS 

REGARDING USE OF UNMANNED AIRCRAFT SYSTEMS BY 

THE NATIONAL GUARD. 

Not later than September 30, 2022, the Secretary of Defense 

shall implement recommendations of the Secretary described in 

section 519C(a)(2) of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283). 

SEC. 515. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD 

PROGRAM. 

Until September 30, 2026, the Secretary of Defense shall continue to support the FireGuard program with personnel of the 

California National Guard to aggregate, analyze, and assess multisource remote sensing information for interagency partnerships in 

the initial detection and monitoring of wildfires. 

SEC. 516. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE 

PROGRAM. 

(a) AUTHORITY.—During fiscal year 2022, the Secretary of 

Defense may provide assistance to a National Guard Youth Challenge Program of a State— 

(1) in addition to assistance under subsection (d) of section 

509 of title 32, United States Code; 

(2) that is not subject to the matching requirement under 

such subsection; and 

(3) for— 

(A) new program start-up costs; or 

(B) a workforce development program. 

(b) LIMITATIONS.— 

(1) MATCHING.—The Secretary may not provide additional 

assistance under this section to a State that does not comply 

with the fund matching requirement under such subsection 

regarding assistance under such subsection. 

Time period. 

Termination 

date. 

Analysis. 

Assessment. 

Deadline. 

32 USC 901 note. 

Determination. 

Deadline. 

10 USC 7013 

note. 

32 USC 301 prec. 


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135 STAT. 1684 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) TOTAL ASSISTANCE.—Total assistance under this section 

to all States may not exceed $5,000,000 of the funds appropriated for the National Guard Youth Challenge Program for 

fiscal year 2022. 

(c) REPORTING.—Any assistance provided under this section 

shall be included in the annual report under subsection (k) of 

section 509 of such title. 

SEC. 517. REPORT ON METHODS TO ENHANCE SUPPORT FROM THE 

RESERVE COMPONENTS IN RESPONSE TO CATASTROPHIC 

INCIDENTS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense, in consultation 

and coordination with the Federal Emergency Management Agency, 

the National Security Council, the Council of Governors, and the 

National Governors Association, shall submit to the appropriate 

congressional committees a report that includes— 

(1) a detailed examination of the policy framework for 

the reserve components, consistent with existing authorities, 

to provide support to other Federal agencies in response to 

catastrophic incidents; 

(2) identify major statutory or policy impediments to such 

support; and 

(3) recommendations for legislation as appropriate. 

(b) CONTENTS.—The report submitted under this section shall 

include a description of— 

(1) the assessment of the Secretary, informed by consultation with the Federal Emergency Management Agency, the 

National Security Council, the Council of Governors, and the 

National Governors Association, regarding— 

(A) the sufficiency of current authorities for the 

reimbursement of reserve component personnel during 

catastrophic incidents under title 10 and title 32, United 

States Code; and 

(B) specifically whether reimbursement authorities are 

sufficient to ensure that military training and readiness 

are not degraded to fund disaster response, or use of such 

authorities degrades the effectiveness of the Disaster Relief 

Fund; 

(2) the plan of the Secretary to ensure there is parallel 

and consistent policy in the application of the authorities 

granted under section 12304a of title 10, United States Code, 

and section 502(f) of title 32, United States Code, including— 

(A) a description of the disparities between benefits 

and protections under Federal law versus State active duty; 

(B) recommended solutions to achieve parity at the 

Federal level; and 

(C) recommended changes at the State level, if appropriate; 

(3) the plan of the Secretary to ensure there is parity 

of benefits and protections for members of the Armed Forces 

employed as part of the response to catastrophic incidents 

under title 32 or title 10, United States Code, and recommendations for addressing shortfalls; and 

(4) a review, by the Federal Emergency Management 

Agency, of the current policy for, and an assessment of the 

sufficiency of, reimbursement authority for the use of the 

Review. 

Assessment. 

Recommendations. 

Assessment. 

Consultation. 

Plans. 

Recommendations. 

Examination. 

Consultation. 

Coordination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1685 

reserve components, both to the Department of Defense and 

to the States, during catastrophic incidents, including any policy 

and legal limitations, and cost assessment impact on Federal 

funding. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the following: 

(A) The congressional defense committees; 

(B) The Committee on Homeland Security of the House 

of Representatives. 

(C) The Committee on Homeland Security and Governmental Affairs of the Senate. 

(D) The Committee on Transportation and Infrastructure of the House of Representatives. 

(E) The Committee on Commerce, Science, and 

Transportation of the Senate. 

(2) The term ‘‘catastrophic incident’’ has the meaning given 

that term in section 501 of the Homeland Security Act of 

2002 (Public Law 107–296; 6 U.S.C. 311). 

SEC. 518. STUDY ON REAPPORTIONMENT OF NATIONAL GUARD FORCE 

STRUCTURE BASED ON DOMESTIC RESPONSES. 

(a) STUDY.—The Secretary of Defense shall conduct a study 

to determine whether to reapportion the current force structure 

of the National Guard based on wartime and domestic response 

requirements. The study shall include the following elements: 

(1) An assessment of how domestic response missions affect 

recruitment and retention of qualified personnel, especially in 

States— 

(A) with the lowest ratios of National Guard members 

to the general population; and 

(B) that are most prone to natural disasters. 

(2) An assessment of how domestic response missions affect 

the ability of the National Guard of a State to ability to staff, 

equip, and ready a unit for its Federal missions. 

(3) A comparison of the costs of a response to a domestic 

incident in a State with— 

(A) units of the National Guard of such State; and 

(B) units of the National Guards of other States pursuant to an emergency management assistance compact. 

(4) Based on the recommendations in the 2021 report of 

the National Guard Bureau titled ‘‘Impact of U.S. Population 

Trends on National Guard Force Structure’’, an assessment 

of— 

(A) challenges to recruiting members of the National 

Guard; 

(B) allocating mission sets to other geographic regions; 

(C) the ability to track and respond to domestic migration trends in order to establish a baseline for force structure requirements; 

(D) the availability of training ranges for Federal missions; 

(E) the availability of transportation and other support 

infrastructure; and 

(F) the cost of operation in each State. 

(5) In light of the limited authority of the President under 

section 104(c) of title 32, United States Code, an assessment 

Assessments. 


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of whether the number of members of the National Guard 

is sufficient to reapportion force structure to meet the requirements of domestic responses and shifting populations. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and House of 

Representatives a report on the results of the study under subsection (a). 

(c) STATE DEFINED.—In this section, the term ‘‘State’’ includes 

the various States and Territories, the Commonwealth of Puerto 

Rico, and the District of Columbia. 

SEC. 519. BRIEFING ON JUNIOR RESERVE OFFICERS’ TRAINING CORPS 

PROGRAM. 

Not later than one year after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a briefing on the status of the Junior Reserve Officers’ Training 

Corps programs of each Armed Force. The briefing shall include— 

(1) an assessment of the current usage of the program, 

including the number of individuals enrolled in the program, 

the demographic information of individuals enrolled in the program, and the number of units established under the program; 

(2) a description of the efforts of the Armed Forces to 

meet current enrollment targets for the program; 

(3) an explanation of the reasons such enrollment targets 

have not been met, if applicable; 

(4) a description of any obstacles preventing the Armed 

Forces from meeting such enrollment targets; 

(5) a comparison of the potential benefits and drawbacks 

of expanding the program; and 

(6) a description of program-wide diversity and inclusion 

recruitment and retention efforts. 

Subtitle C—General Service Authorities 

and Military Records 

SEC. 521. REDUCTION IN SERVICE COMMITMENT REQUIRED FOR 

PARTICIPATION IN CAREER INTERMISSION PROGRAM OF 

A MILITARY DEPARTMENT. 

Section 710(c)(3) of title 10, United States Code, is amended 

by striking ‘‘two months’’ and inserting ‘‘one month’’. 

SEC. 522. IMPROVEMENTS TO MILITARY ACCESSIONS IN ARMED 

FORCES UNDER THE JURISDICTION OF THE SECRETARIES 

OF THE MILITARY DEPARTMENTS. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall take 

the following steps regarding military accessions in each Armed 

Force under the jurisdiction of the Secretary of a military department: 

(1) Assess the prescribed medical standards for appointment as an officer, or enlistment as a member, in such Armed 

Force. 

(2) Determine how to update the medical screening processes for appointment or enlistment. 

Assessment. 

Deadlines. 

Determinations. 

10 USC 501 note 

prec. 

Assessment. 

Deadline. 


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(3) Determine how to standardize operations across the 

military entrance processing stations. 

(4) Determine how to improve aptitude testing methods 

and standardized testing requirements. 

(5) Determine how to improve the waiver process for 

individuals who do not meet medical standards for accession. 

(6) Determine, by reviewing data from calendar years 2017 

through 2021, whether military accessions (including such 

accessions pursuant to waivers) vary, by geographic region. 

(7) Determine, by reviewing data from calendar years 2017 

through 2021, whether access to military health records has 

suppressed the number of such military accessions, authorized 

Secretaries of the military departments, by— 

(A) children of members of such Armed Forces; 

(B) retired members of such Armed Forces; or 

(C) recently separated members of such Armed Forces. 

(8) Implement improvements determined under paragraphs 

(1) through (7). 

(b) BRIEFING.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall brief the Committees 

on Armed Services of the Senate and House of Representatives 

on the results of carrying out this section and recommendations 

regarding legislation the Secretary determines necessary to improve 

such military accessions. 

SEC. 523. NOTICE PROGRAM RELATING TO OPTIONS FOR NATURALIZATION. 

(a) UPON ENLISTMENT.—The Secretary of each military department shall prescribe regulations that ensure that a military recruit, 

who is not a citizen of the United States, receives proper notice 

of options for naturalization under title III of the Immigration 

and Nationality Act (8 U.S.C. 1401 et seq.) Such notice shall inform 

the recruit of existing programs or services that may aid in the 

naturalization process of such recruit. 

(b) UPON SEPARATION.—The Secretary of Homeland Security, 

acting through the Director of U.S. Citizenship and Immigration 

Services, and in coordination with the Secretary of Defense, shall 

provide to a member of the Armed Forces who is not a citizen 

of the United States, upon separation of such member, notice of 

options for naturalization under title III of the Immigration and 

Nationality Act (8 U.S.C. 1401 et seq.) Such notice shall inform 

the member of existing programs or services that may aid in the 

naturalization process of such member. 

SEC. 524. APPEALS TO PHYSICAL EVALUATION BOARD DETERMINATIONS OF FITNESS FOR DUTY. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of Defense shall incorporate a formal appeals 

process (including timelines established by the Secretary of Defense) 

into the policies and procedures applicable to the implementation 

of the Integrated Disability Evaluation System of the Department 

of Defense. The appeals process shall include the following: 

(1) The Secretary concerned shall ensure that a member 

of the Armed Forces may submit a formal appeal made with 

respect to determinations of fitness for duty to a Physical 

Evaluation Board of such Secretary. 

Deadline. 

Timelines. 

Procedures. 

10 USC 1071 

note. 

Coordination. 

10 USC 1142 

note. 

Regulations. 

10 USC 503 note. 

Recommendations. 

Data review. 

Time period. 

Data review. 

Time period. 


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(2) The appeals process shall include, at the request of 

such member, an impartial hearing on a fitness for duty determination to be conducted by the Secretary concerned. 

(3) Such member shall have the option to be represented 

at a hearing by legal counsel. 

SEC. 525. COMMAND OVERSIGHT OF MILITARY PRIVATIZED HOUSING 

AS ELEMENT OF PERFORMANCE EVALUATIONS. 

(a) EVALUATIONS IN GENERAL.—Each Secretary of a military 

department shall ensure that the performance evaluations of any 

individual described in subsection (b) under the jurisdiction of such 

Secretary provides for an assessment of the extent to which such 

individual has or has not exercised effective oversight and leadership in the following: 

(1) Improving conditions of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. 

(2) Addressing concerns with respect to such housing of 

members of the Armed Forces and their families who reside 

in such housing on an installation of the military department 

concerned. 

(b) COVERED INDIVIDUALS.—The individuals described in this 

subsection are as follows: 

(1) The commander of an installation of a military department at which on-installation housing is managed by a landlord 

of privatized housing under subchapter IV of chapter 169 of 

title 10, United States Code. 

(2) Each officer or senior enlisted member of the Armed 

Forces at an installation described in paragraph (1) whose 

duties include facilities or housing management at such 

installation. 

(3) Any other officer or enlisted member of the Armed 

Forces (whether or not at an installation described in paragraph 

(1)) as specified by the Secretary of the military department 

concerned for purposes of this section. 

SEC. 526. FEASIBILITY STUDY ON ESTABLISHMENT OF HOUSING HISTORY FOR MEMBERS OF THE ARMED FORCES WHO RESIDE 

IN HOUSING PROVIDED BY THE UNITED STATES. 

(a) STUDY; REPORT.—Not later than September 30, 2022, the 

Secretary of Defense shall— 

(1) conduct a feasibility study regarding the establishment 

of a standard record of housing history for members of the 

Armed Forces who reside in covered housing; and 

(2) submit to the appropriate congressional committees a 

report on the results of such study. 

(b) CONTENTS.—A record described in subsection (a) includes, 

with regards to each period during which the member concerned 

resided in covered housing, the following: 

(1) The assessment of the commander of the military 

installation in which such housing is located, of the condition 

of such covered housing— 

(A) prior to the beginning of such period; and 

(B) in which the member concerned left such covered 

housing upon vacating such covered housing. 

(2) Contact information a housing provider may use to 

inquire about such a record. 

(c) ONLINE ACCESS.—A record described in subsection (a) would 

be accessible through a website, maintained by the Secretary of 

Assessment. 

Deadline. 

Records. 

Assessment. 

10 USC 2871 

note. 

Hearings. 

Determination. 


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the military department concerned, through which a member of 

the Armed Forces under the jurisdiction of such Secretary may 

access such record of such member. 

(d) ISSUANCE.—The Secretary concerned would issue a copy 

of a described in subsection (a) to the member concerned upon 

the separation, retirement, discharge, or dismissal of such member 

from the Armed Forces, with the DD Form 214 for such member. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the following: 

(A) The Committee on Armed Services of the House 

of Representatives. 

(B) The Committee on Armed Services of the Senate. 

(C) The Committee on Transportation and Infrastructure of the House of Representatives. 

(D) The Committee on Commerce, Science, and 

Transportation of the Senate. 

(2) The term ‘‘covered housing’’ means housing provided 

by the United States to a member of the Armed Forces. 

SEC. 527. ENHANCEMENTS TO NATIONAL MOBILIZATION EXERCISES. 

(a) INCLUSION OF PROCESSES OF SELECTIVE SERVICE SYSTEM.— 

Section 10208 of title 10, United States Code, is amended by adding 

at the end the following new subsection: 

‘‘(c)(1) The Secretary shall, beginning in the first fiscal year 

that begins after the date of the enactment of this subsection, 

and every five years thereafter, as part of the major mobilization 

exercise under subsection (a), include the processes of the Selective 

Service System in preparation for induction of personnel into the 

armed forces under the Military Selective Service Act (50 U.S.C. 

3801 et seq.), and submit to Congress a report on the results 

of this exercise and evaluation. The report may be submitted in 

classified form. 

‘‘(2) The exercise under this subsection— 

‘‘(A) shall include a review of national mobilization strategic 

and operational concepts; and 

‘‘(B) shall include a simulation of a mobilization of all 

armed forces and reserve units, with plans and processes for 

incorporating Selective Service System inductees.’’. 

(b) BRIEFING; REPORT.— 

(1) BRIEFING.—Not later than 180 days after the date on 

which the Secretary of Defense conducts the first mobilization 

exercise under section 10208 of title 10, United States Code, 

after the date of the enactment of this Act, the Secretary 

shall provide to the Committees of Armed Services of the Senate 

and House of Representatives a briefing on— 

(A) the status of the review and assessments conducted 

pursuant to subsection (c) of such section, as added by 

subsection (a); and 

(B) any interim recommendations of the Secretary. 

(2) REPORT.—Not later than two years after the date on 

which the Secretary conducts the first mobilization exercise 

as described in paragraph (1), the Secretary shall submit to 

the Committees of Armed Services of the Senate and House 

of Representatives a report that contains the following: 

(A) A review of national mobilization strategic and 

operational concepts. 

Review. 

Recommendations. 

Deadline. 

Plans. 

Review. 

Effective date. 

Time period. 

Reports. 


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(B) A simulation of a mobilization of all Armed Forces 

and reserve units, with plans and processes for incorporating Selective Service System inductees. 

(C) An assessment of the Selective Service system in 

the current organizational form. 

(D) An assessment of the Selective Service System 

as a peace-time registration system. 

(E) Recommendations with respect to the challenges, 

opportunities, cost, and timelines regarding the assessments described in subparagraphs (C) and (D). 

SEC. 528. TEMPORARY EXEMPTION FROM END STRENGTH GRADE 

RESTRICTIONS FOR THE SPACE FORCE. 

(a) EXEMPTION.—Sections 517 and 523 of title 10, United States 

Code, shall not apply to the Space Force until January 1, 2023. 

(b) SUBMITTAL.—Not later than April 1, 2022, the Secretary 

of the Air Force shall establish and submit to the Committees 

on Armed Services for the Senate and House of Representatives 

for inclusion in the National Defense Authorization Act for fiscal 

year 2023, the number of officers who— 

(1) may be serving on active duty in each of the grades 

of major, lieutenant colonel, and colonel; and 

(2) may not, as of the end of such fiscal year, exceed 

a number determined in accordance with section 523(a)(1) of 

such title. 

SEC. 529. REPORT ON EXEMPTIONS AND DEFERMENTS FOR A POSSIBLE MILITARY DRAFT. 

Not later than 120 days after the date of the enactment of 

this Act, the Director of the Selective Service System, in consultation with the Secretary of Defense and the Secretary of Homeland 

Security, shall submit to Congress a report providing a review 

of exemptions and deferments from registration, training, and 

service under the Military Selective Service Act (50 U.S.C. 3801 

et seq.). 

SEC. 529A. REPORT ON PROCESSES AND PROCEDURES FOR APPEAL 

OF DENIAL OF STATUS OR BENEFITS FOR FAILURE TO 

REGISTER FOR SELECTIVE SERVICE. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Director of the Selective Service 

System shall submit to the appropriate committees of Congress 

a report setting forth the results of a review of the processes 

and procedures employed by agencies across the Federal Government for the appeal by individuals of a denial of status or benefits 

under Federal law for failure to register for selective service under 

the Military Selective Service Act (50 U.S.C. 3801 et seq.). 

(b) CONSULTATION.—The Director of the Selective Service 

System shall carry out this section in consultation with the Secretary of Homeland Security, the Secretary of Education, the 

Director of the Office of Personnel Management, and the heads 

of other appropriate Federal agencies. 

(c) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description and assessment of the various appeals 

processes and procedures described in subsection (a), 

including— 

Assessment. 

Review. 

Consultation. 

Review. 

Deadline. 

Effective date. 

10 USC 517 note. 

Recommendations. 

Assessment. 

Assessment. 


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(A) a description of such processes and procedures; 

and 

(B) an assessment of— 

(i) the adequacy of notice provided for appeals 

under such processes and procedures; 

(ii) the fairness of each such process and procedure; 

(iii) the ease of use of each such process and procedure; 

(iv) consistency in the application of such processes 

and procedures across the Federal Government; and 

(v) the applicability of an appeal granted by one 

Federal agency under such processes and procedures 

to the actions and decisions of another Federal agency 

on a similar appeal. 

(2) Information on the number of waivers requested, and 

the number of waivers granted, during the 15-year period 

ending on the date of the enactment of this Act in connection 

with denial of status or benefits for failure to register for 

selective service. 

(3) An analysis and assessment of the recommendations 

of the National Commission on Military, National, and Public 

Service for reforming the rules and policies concerning failure 

to register for selective service. 

(4) Such recommendations for legislative or administrative 

action as the Director of the Selective Service System, and 

the consulting officers pursuant to subsection (b), consider 

appropriate in light of the review conducted pursuant to subsection (a). 

(5) Such other matters in connection with the review conducted pursuant to subsection (a) as the Director considers 

appropriate. 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committee of Congress’’ means— 

(1) the Committee on Armed Services and the Committee 

on Homeland Security and Governmental Affairs of the Senate; 

and 

(2) the Committee on Armed Services and the Committee 

on Oversight and Reform of the House of Representatives. 

SEC. 529B. STUDY AND REPORT ON ADMINISTRATIVE SEPARATION 

BOARDS. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct a study on the use of administrative separation boards 

within the Armed Forces. 

(b) ELEMENTS.—The study under subsection (a) shall evaluate— 

(1) the process each Armed Force uses to convene administrative separation boards, including the process used to select 

the board president, the recorder, the legal advisor, and board 

members; and 

(2) the effectiveness of the operations of such boards. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Comptroller General shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report on the results of the study conducted 

under subsection (a). 

Evaluations. 

Recommendations. 

Analysis. 

Assessment. 

Time period. 

Assessment. 


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135 STAT. 1692 PUBLIC LAW 117–81—DEC. 27, 2021 

Subtitle D—Military Justice Reform 

PART 1—SPECIAL TRIAL COUNSEL 

SEC. 531. SPECIAL TRIAL COUNSEL. 

(a) IN GENERAL.—Subchapter V of chapter 47 of title 10, United 

States Code, is amended by inserting after section 824 (article 

24 of the Uniform Code of Military Justice) the following new 

section: 

‘‘§ 824a. Art 24a. Special trial counsel 

‘‘(a) DETAIL OF SPECIAL TRIAL COUNSEL.—Each Secretary concerned shall promulgate regulations for the detail of commissioned 

officers to serve as special trial counsel. 

‘‘(b) QUALIFICATIONS.—A special trial counsel shall be a commissioned officer who— 

‘‘(1)(A) is a member of the bar of a Federal court or a 

member of the bar of the highest court of a State; and 

‘‘(B) is certified to be qualified, by reason of education, 

training, experience, and temperament, for duty as a special 

trial counsel by— 

‘‘(i) the Judge Advocate General of the armed force 

of which the officer is a member; or 

‘‘(ii) in the case of the Marine Corps, the Staff Judge 

Advocate to the Commandant of the Marine Corps; and 

‘‘(2) in the case of a lead special trial counsel appointed 

pursuant to section 1044f(a)(2) of this title, is in a grade no 

lower than O–7. 

‘‘(c) DUTIES AND AUTHORITIES.— 

‘‘(1) IN GENERAL.—Special trial counsel shall carry out the 

duties described in this chapter and any other duties prescribed 

by the Secretary concerned, by regulation. 

‘‘(2) DETERMINATION OF COVERED OFFENSE; RELATED

CHARGES.— 

‘‘(A) AUTHORITY.—A special trial counsel shall have 

exclusive authority to determine if a reported offense is 

a covered offense and shall exercise authority over any 

such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser. 

‘‘(B) KNOWN AND RELATED OFFENSES.—If a special trial 

counsel determines that a reported offense is a covered 

offense, the special trial counsel may also exercise authority 

over any offense that the special trial counsel determines 

to be related to the covered offense and any other offense 

alleged to have been committed by a person alleged to 

have committed the covered offense. 

‘‘(3) DISMISSAL; REFERRAL; PLEA BARGAINS.—Subject to 

paragraph (4), with respect to charges and specifications 

alleging any offense over which a special trial counsel exercises 

authority, a special trial counsel shall have exclusive authority 

to, in accordance with this chapter— 

‘‘(A) on behalf of the Government, withdraw or dismiss 

the charges and specifications or make a motion to withdraw or dismiss the charges and specifications; 

Regulations. 

Regulations. 

10 USC 824a. 


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‘‘(B) refer the charges and specifications for trial by 

a special or general court-martial; 

‘‘(C) enter into a plea agreement; and 

‘‘(D) determine if an ordered rehearing is impracticable. 

‘‘(4) BINDING DETERMINATION.—The determination of a special trial counsel to refer charges and specifications to a courtmartial for trial shall be binding on any applicable convening 

authority for the referral of such charges and specifications. 

‘‘(5) DEFERRAL TO COMMANDER OR CONVENING AUTHORITY.— 

If a special trial counsel exercises authority over an offense 

and elects not to prefer charges and specifications for such 

offense or, with respect to charges and specifications for such 

offense preferred by a person other than a special trial counsel, 

elects not to refer such charges and specifications, a commander 

or convening authority may exercise any of the authorities 

of such commander or convening authority under this chapter 

with respect to such offense, except that such commander or 

convening authority may not refer charges and specifications 

for a covered offense for trial by special or general courtmartial.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections 

at the beginning of subchapter V of chapter 47 of title 10, United 

States Code (the Uniform Code of Military Justice), is amended 

by inserting after the item relating to section 824 (article 24) 

the following new item: 

‘‘824a. Art 24a. Special trial counsel.’’. 

(c) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, each Secretary concerned shall 

submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report setting forth the 

plan of the Secretary for detailing officers to serve as special 

trial counsel pursuant to section 824a of title 10, United States 

Code (article 24a of the Uniform Code of Military Justice) 

(as added by subsection (a) of this section). 

(2) ELEMENTS.—Each report under paragraph (1) shall 

include the following— 

(A) The plan of the Secretary concerned— 

(i) for staffing billets for— 

(I) special trial counsel who meet the requirements set forth in section 824a of title 10, United 

States Code (article 24a of the Uniform Code of 

Military Justice) (as added by subsection (a) of 

this section); and 

(II) defense counsel for cases involving covered 

offenses; and 

(ii) for supporting and ensuring the continuing 

professional development of military justice practitioners. 

(B) An estimate of the resources needed to implement 

such section 824a (article 24a). 

(C) An explanation of other staffing required to implement such section 824a (article 24a), including staffing 

levels required for military judges, military magistrates, 

military defense attorneys, and paralegals and other support staff. 

Estimate. 

Plans. 

10 USC 822 prec. 

Determination. 


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135 STAT. 1694 PUBLIC LAW 117–81—DEC. 27, 2021 

(D) A description of how the use of special trial counsel 

will affect the military justice system as a whole. 

(E) A description of how the Secretary concerned plans 

to place appropriate emphasis and value on litigation 

experience for judge advocates in order to ensure judge 

advocates are experienced, prepared, and qualified to 

handle covered offenses, both as special trial counsel and 

as defense counsel. Such a description shall address promotion considerations and explain how the Secretary concerned plans to instruct promotion boards to value litigation 

experience. 

(F) Any additional resources, authorities, or information that each Secretary concerned deems relevant or 

important to the implementation of the requirements of 

this title. 

(3) DEFINITIONS.—In this subsection— 

(A) The term ‘‘Secretary concerned’’ has the meaning 

given that term in section 101(a) of title 10, United States 

Code. 

(B) The term ‘‘covered offense’’ has the meaning given 

that term in section 801(17) of title 10, United States 

Code (as added by section 533 of this part). 

SEC. 532. POLICIES WITH RESPECT TO SPECIAL TRIAL COUNSEL. 

(a) IN GENERAL.—Chapter 53 of title 10, United States Code, 

is amended by inserting after section 1044e the following new 

section: 

‘‘§ 1044f. Policies with respect to special trial counsel 

‘‘(a) POLICIES REQUIRED.—The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including 

expected milestones for such Secretaries to fully implement such 

mechanisms and procedures. The policies shall— 

‘‘(1) provide for the establishment of a dedicated office 

within each military service from which office the activities 

of the special trial counsel of the military service concerned 

shall be supervised and overseen; 

‘‘(2) provide for the appointment of one lead special trial 

counsel, who shall— 

‘‘(A) be a judge advocate of that service in a grade 

no lower than O–7, with significant experience in military 

justice; 

‘‘(B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that 

service; and 

‘‘(C) report directly to the Secretary concerned, without 

intervening authority; 

‘‘(3) ensure that within each office created pursuant to 

paragraph (1), the special trial counsel and other personnel 

assigned or detailed to the office— 

‘‘(A) are independent of the military chains of command 

of both the victims and those accused of covered offenses 

and any other offenses over which a special trial counsel 

at any time exercises authority in accordance with section 

824a of this title (article 24a); and 

Appointment. 

Establishment. 

10 USC 1044f. 


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‘‘(B) conduct assigned activities free from unlawful or 

unauthorized influence or coercion; 

‘‘(4) provide that special trial counsel shall be well-trained, 

experienced, highly skilled, and competent in handling cases 

involving covered offenses; and 

‘‘(5) provide that commanders of the victim and the accused 

in a case involving a covered offense shall have the opportunity 

to provide input to the special trial counsel regarding case 

disposition, but that the input is not binding on the special 

trial counsel. 

‘‘(b) UNIFORMITY.—The Secretary of Defense shall ensure that 

any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not 

render unconstitutional any such policy, mechanism, or procedure. 

‘‘(c) MILITARY SERVICE DEFINED.—In this section, the term ‘military service’ means the Army, Navy, Air Force, Marine Corps, 

and Space Force.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended 

by inserting after the item relating to section 1044e the following 

new item: 

‘‘1044f. Policies with respect to special trial counsel.’’. 

(c) QUARTERLY BRIEFING.—Beginning not later than 180 days 

after the date of the enactment of this Act, and at the beginning 

of each fiscal quarter thereafter until the policies established pursuant to section 1044f(a) of title 10, United States Code (as added 

by subsection (a)) and the mechanisms and procedures to which 

they apply are fully implemented and operational, the Secretary 

of Defense and the Secretaries of the military departments shall 

jointly provide to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a briefing detailing the actions taken and progress made 

by the Office of the Secretary of Defense and each of the military 

departments in meeting the milestones established as required 

by such section. 

SEC. 533. DEFINITION OF MILITARY MAGISTRATE, COVERED OFFENSE, 

AND SPECIAL TRIAL COUNSEL. 

Section 801 of title 10, United States Code (article 1 of the 

Uniform Code of Military Justice), is amended— 

(1) by inserting after paragraph (10) the following new 

paragraph: 

‘‘(11) The term ‘military magistrate’ means a commissioned 

officer certified for duty as a military magistrate in accordance 

with section 826a of this title (article 26a).’’; and 

(2) by adding at the end the following new paragraphs: 

‘‘(17) The term ‘covered offense’ means— 

‘‘(A) an offense under section 917a (article 117a), section 918 (article 118), section 919 (article 119), section 

920 (article 120), section 920b (article 120b), section 920c 

(article 120c), section 925 (article 125), section 928b (article 

128b), section 930 (article 130), section 932 (article 132), 

or the standalone offense of child pornography punishable 

under section 934 (article 134) of this title; 

‘‘(B) a conspiracy to commit an offense specified in 

subparagraph (A) as punishable under section 881 of this 

title (article 81); 

Deadline. 

10 USC 1030 

prec. 


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‘‘(C) a solicitation to commit an offense specified in 

subparagraph (A) as punishable under section 882 of this 

title (article 82); or 

‘‘(D) an attempt to commit an offense specified in 

subparagraph (A), (B), or (C) as punishable under section 

880 of this title (article 80). 

‘‘(18) The term ‘special trial counsel’ means a judge advocate detailed as a special trial counsel in accordance with 

section 824a of this title (article 24a) and includes a judge 

advocate appointed as a lead special trial counsel pursuant 

to section 1044f(a)(2) of this title.’’. 

SEC. 534. CLARIFICATION RELATING TO WHO MAY CONVENE COURTSMARTIAL. 

(a) GENERAL COURTS-MARTIAL.—Section 822(b) of title 10, 

United States Code (article 22(b) of the Uniform Code of Military 

Justice), is amended— 

(1) by striking ‘‘If any’’ and inserting ‘‘(1) If any’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) A commanding officer shall not be considered an accuser 

solely due to the role of the commanding officer in convening a 

general court-martial to which charges and specifications were 

referred by a special trial counsel in accordance with this chapter.’’. 

(b) SPECIAL COURTS-MARTIAL.—Section 823(b) of title 10, United 

States Code (article 23(b) of the Uniform Code of Military Justice), 

is amended— 

(1) by striking ‘‘If any’’ and inserting ‘‘(1) If any’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) A commanding officer shall not be considered an accuser 

solely due to the role of the commanding officer in convening a 

special court-martial to which charges and specifications were 

referred by a special trial counsel in accordance with this chapter.’’. 

SEC. 535. DETAIL OF TRIAL COUNSEL. 

Section 827 of title 10, United States Code (article 27 of the 

Uniform Code of Military Justice), is amended by adding at the 

end the following new subsection: 

‘‘(e) For each general and special court-martial for which 

charges and specifications were referred by a special trial counsel— 

‘‘(1) a special trial counsel shall be detailed as trial counsel; 

and 

‘‘(2) a special trial counsel may detail other trial counsel 

as necessary who are judge advocates.’’. 

SEC. 536. PRELIMINARY HEARING. 

(a) DETAIL OF HEARING OFFICER; WAIVER.—Subsection (a)(1) 

of section 832 of title 10, United States Code (article 32 of the 

Uniform Code of Military Justice), is amended— 

(1) in subparagraph (A), by striking ‘‘hearing officer’’ and 

all that follows through the period at the end and inserting 

‘‘hearing officer detailed in accordance with subparagraph (C).’’; 

(2) in subparagraph (B), by striking ‘‘written waiver’’ and 

all that follows through the period at the end and inserting 

the following: ‘‘written waiver to— 

‘‘(i) except as provided in clause (ii), the convening 

authority and the convening authority determines that a 

hearing is not required; and 

Determinations. 


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‘‘(ii) with respect to charges and specifications over 

which the special trial counsel is exercising authority in 

accordance with section 824a of this title (article 24a), 

the special trial counsel and the special trial counsel determines that a hearing is not required.’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(C)(i) Except as provided in clause (ii), the convening 

authority shall detail a hearing officer. 

‘‘(ii) If a special trial counsel is exercising authority over 

the charges and specifications subject to a preliminary hearing 

under this section (article), the special trial counsel shall 

request a hearing officer and a hearing officer shall be provided 

by the convening authority, in accordance with regulations 

prescribed by the President.’’. 

(b) REPORT OF PRELIMINARY HEARING OFFICER.—Subsection (c) 

of such section is amended— 

(1) in the heading, by inserting ‘‘OR SPECIAL TRIAL

COUNSEL’’ after ‘‘CONVENING AUTHORITY’’; and 

(2) in the matter preceding paragraph (1) by striking ‘‘to 

the convening authority’’ and inserting ‘‘to the convening 

authority or, in the case of a preliminary hearing in which 

the hearing officer is provided at the request of a special trial 

counsel to the special trial counsel,’’. 

SEC. 537. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR 

TRIAL. 

Section 834 of title 10, United States Code (article 34 of the 

Uniform Code of Military Justice), is amended— 

(1) in subsection (a)(1), by striking ‘‘Before referral’’ and 

inserting ‘‘Subject to subsection (c), before referral’’ 

(2) in subsection (b), by striking ‘‘Before referral’’ and 

inserting ‘‘Subject to subsection (c), before referral’’; 

(3) by redesignating subsections (c) and (d) as subsections 

(d) and (e) respectively; 

(4) by inserting after subsection (b) the following new subsection: 

‘‘(c) COVERED OFFENSES.—A referral to a general or special 

court-martial for trial of charges and specifications over which 

a special trial counsel exercises authority may only be made— 

‘‘(1) by a special trial counsel, subject to a special trial 

counsel’s written determination accompanying the referral 

that— 

‘‘(A) each specification under a charge alleges an 

offense under this chapter; 

‘‘(B) there is probable cause to believe that the accused 

committed the offense charged; and 

‘‘(C) a court-martial would have jurisdiction over the 

accused and the offense; or 

‘‘(2) in the case of charges and specifications that do not 

allege a covered offense and as to which a special trial counsel 

declines to prefer or, in the case of charges and specifications 

preferred by a person other than a special trial counsel, refer 

charges, by the convening authority in accordance with this 

section.’’; and 

(5) in subsection (e), as so redesignated, by inserting ‘‘or, 

with respect to charges and specifications over which a special 

trial counsel exercises authority in accordance with section 

Determination. 


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135 STAT. 1698 PUBLIC LAW 117–81—DEC. 27, 2021 

824a of this title (article 24a), a special trial counsel,’’ after 

‘‘convening authority’’. 

SEC. 538. FORMER JEOPARDY. 

Section 844(c) of title 10, United States Code (article 44(c) 

of the Uniform Code of Military Justice), is amended by inserting 

‘‘or the special trial counsel’’ after ‘‘the convening authority’’ each 

place it appears. 

SEC. 539. PLEA AGREEMENTS. 

(a) AUTHORITY TO ENTER INTO AGREEMENTS.—Subsection (a) 

of section 853a of title 10, United States Code (article 53a of 

the Uniform Code of Military Justice), is amended— 

(1) in paragraph (1), by striking ‘‘At any time’’ and inserting 

‘‘Subject to paragraph (3), at any time’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) With respect to charges and specifications over which a 

special trial counsel exercises authority pursuant to section 824a 

of this title (article 24a), a plea agreement under this section 

may only be entered into between a special trial counsel and the 

accused. Such agreement shall be subject to the same limitations 

and conditions applicable to other plea agreements under this section (article).’’. 

(b) BINDING EFFECT.—Subsection (d) of such section (article) 

is amended by inserting after ‘‘parties’’ the following: ‘‘(including 

the convening authority and the special trial counsel in the case 

of a plea agreement entered into under subsection (a)(3))’’. 

SEC. 539A. DETERMINATIONS OF IMPRACTICABILITY OF REHEARING. 

(a) TRANSMITTAL AND REVIEW OF RECORDS.—Section 

865(e)(3)(B) of title 10, United States Code (article 65(e)(3)(B) of 

the Uniform Code of Military Justice), is amended— 

(1) by striking ‘‘IMPRACTICAL.—If the Judge Advocate General’’ and inserting the following: ‘‘IMPRACTICABLE.—’’ 

‘‘(i) IN GENERAL.—Subject to clause (ii), if the Judge 

Advocate General’’; 

(2) by striking ‘‘impractical’’ and inserting ‘‘impracticable’’; 

and 

(3) by adding at the end the following new clause: 

‘‘(ii) CASES REFERRED BY SPECIAL TRIAL COUNSEL .— 

If a case was referred to trial by a special trial counsel, 

a special trial counsel shall determine if a rehearing is 

impracticable and shall dismiss the charges if the special 

trial counsel so determines.’’. 

(b) COURTS OF CRIMINAL APPEALS.—Section 866(f)(1)(C) of title 

10, United States Code (article 66(f)(1)(C) of the Uniform Code 

of Military Justice), is amended— 

(1) by striking ‘‘IMPRACTICABLE.—If the Court of Criminal 

Appeals’’ and inserting the following: ‘‘IMPRACTICABLE.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), if the Court 

of Criminal Appeals’’; and 

(2) by adding at the end the following new clause: 

‘‘(ii) CASES REFERRED BY SPECIAL TRIAL COUNSEL.— 

If a case was referred to trial by a special trial counsel, 

a special trial counsel shall determine if a rehearing is 

impracticable and shall dismiss the charges if the special 

trial counsel so determines.’’. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1699 

(c) REVIEW BY THE COURT OF APPEALS FOR THE ARMED

FORCES.—Section 867(e) of title 10, United States Code (article 

67(e) of the Uniform Code of Military Justice), is amended by 

adding at the end the following new sentence: ‘‘Notwithstanding 

the preceding sentence, if a case was referred to trial by a special 

trial counsel, a special trial counsel shall determine if a rehearing 

is impracticable and shall dismiss the charges if the special trial 

counsel so determines.’’. 

(d) REVIEW BY JUDGE ADVOCATE GENERAL.—Section 

869(c)(1)(D) of title 10, Untied States Code (article 69(c)(1)(D) of 

the Uniform Code of Military Justice), is amended— 

(1) by striking ‘‘If the Judge Advocate General’’ and 

inserting ‘‘(i) Subject to clause (ii), if the Judge Advocate General’’; 

(2) by striking ‘‘impractical’’ and inserting ‘‘impracticable’’; 

and 

(3) by adding at the end the following new clause: 

‘‘(ii) If a case was referred to trial by a special trial counsel, 

a special trial counsel shall determine if a rehearing is impracticable 

and shall dismiss the charges if the special trial counsel so determines.’’. 

SEC. 539B. APPLICABILITY TO THE UNITED STATES COAST GUARD. 

The Secretary of Defense shall consult and enter into an agreement with the Secretary of Homeland Security to apply the provisions of this part and the amendments made by this part, and 

the policies, mechanisms, and processes established pursuant to 

such provisions, to the United States Coast Guard when it is 

operating as a service in the Department of Homeland Security. 

SEC. 539C. EFFECTIVE DATE. 

(a) IN GENERAL.—Except as provided in subsection (b), the 

amendments made by this part shall take effect on the date that 

is two years after the date of the enactment of this Act and shall 

apply with respect to offenses that occur after that date. 

(b) REGULATIONS.— 

(1) REQUIREMENT.—The President shall prescribe regulations to carry out this part not later than two years after 

the date of the enactment of this Act. 

(2) IMPACT OF DELAY OF ISSUANCE.—If the President does 

not prescribe the regulations necessary to carry out this part 

before the date that is two years after the date of the enactment 

of this Act, the amendments made by this part shall take 

effect on the date on which such regulations are prescribed 

and shall apply with respect to offenses that occur on or after 

that date. 

PART 2—SEXUAL HARASSMENT; SENTENCING 

REFORM 

SEC. 539D. INCLUSION OF SEXUAL HARASSMENT AS GENERAL PUNITIVE ARTICLE. 

(a) IN GENERAL.—Not later than 30 days after the date of 

the enactment of this Act, the President shall— 

(1) prescribe regulations establishing sexual harassment, 

as described in this section, as an offense punishable under 

Regulations. 

Deadline. 

President. 

10 USC 934 note. 

Applicability. 

President. 

Deadline. 

Applicability. 

10 USC 801 note. 

Consultation. 

Contracts. 

10 USC 801 note. 


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135 STAT. 1700 PUBLIC LAW 117–81—DEC. 27, 2021 

section 934 of title 10, United States Code (article 134 of 

the Uniform Code of Military Justice); and 

(2) revise the Manual for Courts-Martial to include such 

offense. 

(b) ELEMENTS OF OFFENSE.—The regulations and the revisions 

to the Manual for Courts-Martial required under subsection (a) 

shall provide that the required elements constituting the offense 

of sexual harassment are— 

(1) that the accused knowingly made sexual advances, 

demands or requests for sexual favors, or knowingly engaged 

in other conduct of a sexual nature; 

(2) that such conduct was unwelcome; 

(3) that, under the circumstances, such conduct— 

(A) would cause a reasonable person to believe, and 

a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term 

or condition of that person’s job, pay, career, benefits, or 

entitlements; 

(B) would cause a reasonable person to believe, and 

a certain person did believe, that submission to, or rejection 

of, such conduct would be used as a basis for decisions 

affecting that person’s job, pay, career, benefits, or entitlements; or 

(C) was so severe, repetitive, or pervasive that a 

reasonable person would perceive, and a certain person 

did perceive, an intimidating, hostile, or offensive working 

environment; and 

(4) that, under the circumstances, the conduct of the 

accused was— 

(A) to the prejudice of good order and discipline in 

the armed forces; 

(B) of a nature to bring discredit upon the armed 

forces; or 

(C) to the prejudice of good order and discipline in 

the armed forces and of a nature to bring discredit upon 

the armed forces. 

SEC. 539E. SENTENCING REFORM. 

(a) ARTICLE 53; FINDINGS AND SENTENCING.—Section 853 of 

title 10, United States Code (article 53 of the Uniform Code of 

Military Justice), is amended— 

(1) in subsection (b), by amending paragraph (1) to read 

as follows: 

‘‘(1) GENERAL AND SPECIAL COURTS-MARTIAL.—Except as 

provided in subsection (c) for capital offenses, if the accused 

is convicted of an offense in a trial by general or special courtmartial, the military judge shall sentence the accused. The 

sentence determined by the military judge constitutes the sentence of the court-martial.’’; and 

(2) in subsection (c)— 

(A) by amending paragraph (1) to read as follows: 

‘‘(1) IN GENERAL.—In a capital case, if the accused is convicted of an offense for which the court-martial may sentence 

the accused to death— 

Determinations. ‘‘(A) the members shall determine— 

Revision. 


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‘‘(i) whether the sentence for that offense shall 

be death or life in prison without eligibility for parole; 

or 

‘‘(ii) whether the matter shall be returned to the 

military judge for determination of a lesser punishment; and 

‘‘(B) the military judge shall sentence the accused for 

that offense in accordance with the determination of the 

members under subparagraph (A).’’; and 

(B) in paragraph (2), by striking ‘‘the court-martial’’ 

and inserting ‘‘the military judge’’. 

(b) ARTICLE 53A; PLEA AGREEMENTS.—Section 853a of title 10, 

United States Code (article 53a of the Uniform Code of Military 

Justice), as amended by section 539 of this Act, is further 

amended— 

(1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and 

(2) by inserting after subsection (a) the following new subsection: 

‘‘(b) ACCEPTANCE OF PLEA AGREEMENT.—Subject to subsection 

(c), the military judge of a general or special court-martial shall 

accept a plea agreement submitted by the parties, except that— 

‘‘(1) in the case of an offense with a sentencing parameter 

set forth in regulations prescribed by the President pursuant 

to section 539E(e) of the National Defense Authorization Act 

for Fiscal Year 2022, the military judge may reject a plea 

agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the 

proposed sentence is plainly unreasonable; and 

‘‘(2) in the case of an offense for which the President 

has not established a sentencing parameter pursuant to section 

539E(e) of the National Defense Authorization Act for Fiscal 

Year 2022, the military judge may reject a plea agreement 

that proposes a sentence if the military judge determines that 

the proposed sentence is plainly unreasonable.’’. 

(c) ARTICLE 56; SENTENCING.—Section 856 of title 10, United 

States Code (article 56 of the Uniform Code of Military Justice), 

is amended— 

(1) in subsection (c)— 

(A) in paragraph (1)— 

(i) in subparagraph (C)(vii), by striking ‘‘and’’ at 

the end; 

(ii) in subparagraph (D), by striking the period 

at the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following new 

subparagraph: 

‘‘(E) the applicable sentencing parameters or sentencing criteria set forth in regulations prescribed by the 

President pursuant to section 539E(e) of the National 

Defense Authorization Act for Fiscal Year 2022.’’; and 

(B) by striking paragraphs (2) through (4) and inserting 

the following new paragraphs: 

‘‘(2) APPLICATION OF SENTENCING PARAMETERS IN GENERAL

AND SPECIAL COURTS-MARTIAL.— 

Determinations. 


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‘‘(A) REQUIREMENT TO SENTENCE WITHIN PARAM- ETERS.—Except as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which the President has established 

a sentencing parameter pursuant to section 539E(e) of the 

National Defense Authorization Act for Fiscal Year 2022, 

the military judge shall sentence the accused for that 

offense within the applicable parameter. 

‘‘(B) EXCEPTION.—The military judge may impose a 

sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. If the military 

judge imposes a sentence outside a sentencing parameter 

under this subparagraph, the military judge shall include 

in the record a written statement of the factual basis 

for the sentence. 

‘‘(3) USE OF SENTENCING CRITERIA IN GENERAL AND SPECIAL

COURTS-MARTIAL.—In a general or special court-martial in 

which the accused is convicted of an offense for which the 

President has established sentencing criteria pursuant to section 539E(e) of the National Defense Authorization Act for 

Fiscal Year 2022, the military judge shall consider the 

applicable sentencing criteria in determining the sentence for 

that offense. 

‘‘(4) OFFENSE-BASED SENTENCING IN GENERAL AND SPECIAL

COURTS-MARTIAL.—In announcing the sentence under section 

853 of this title (article 53) in a general or special courtmartial, the military judge shall, with respect to each offense 

of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused 

is sentenced to confinement for more than one offense, the 

military judge shall specify whether the terms of confinement 

are to run consecutively or concurrently. 

‘‘(5) INAPPLICABILITY TO DEATH PENALTY.—Sentencing 

parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death. 

‘‘(6) SENTENCE OF CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE.— 

‘‘(A) IN GENERAL.—If an offense is subject to a sentence 

of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole. 

‘‘(B) TERM OF CONFINEMENT.—An accused who is sentenced to confinement for life without eligibility for parole 

shall be confined for the remainder of the accused’s life 

unless— 

‘‘(i) the sentence is set aside or otherwise modified 

as a result of— 

‘‘(I) action taken by the convening authority 

or the Secretary concerned; or 

‘‘(II) any other action taken during post-trial 

procedure or review under any other provision of 

subchapter IX of this chapter; 

‘‘(ii) the sentence is set aside or otherwise modified 

as a result of action taken by a court of competent 

jurisdiction; or 

‘‘(iii) the accused receives a pardon or another 

form of Executive clemency.’’; and 

(4) in subsection (d)(1)— 

Statement. 


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(A) in subparagraph (A), by striking ‘‘or’’ at the end; 

(B) by redesignating subparagraph (B) as subparagraph (C); 

(C) by inserting after subparagraph (A) the following 

new subparagraph: 

‘‘(B) in the case of a sentence for an offense for which 

the President has established a sentencing parameter 

pursuant to section 539E(e) of the National Defense 

Authorization Act for Fiscal Year 2022, the sentence is 

a result of an incorrect application of the parameter; or’’; 

and 

(D) in subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by striking ‘‘, as determined 

in accordance with standards and procedures prescribed 

by the President’’. 

(d) ARTICLE 66; COURTS OF CRIMINAL APPEALS.—Section 866 

of title 10, United States Code (article 66 of the Uniform Code 

of Military Justice), as amended by section 539A of this Act, is 

further amended— 

(1) in subsection (d)(1)(A), by striking the third sentence; 

and 

(2) by amending subsection (e) to read as follows: 

‘‘(e) CONSIDERATION OF SENTENCE.— 

‘‘(1) IN GENERAL.—In considering a sentence on appeal, 

other than as provided in section 856(d) of this title (article 

56(d)), the Court of Criminal Appeals may consider— 

‘‘(A) whether the sentence violates the law; 

‘‘(B) whether the sentence is inappropriately severe— 

‘‘(i) if the sentence is for an offense for which 

the President has not established a sentencing parameter pursuant to section 539E(e) of the National 

Defense Authorization Act for Fiscal Year 2022; or 

‘‘(ii) in the case of an offense for which the President has established a sentencing parameter pursuant 

to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, if the sentence is above 

the upper range of such sentencing parameter; 

‘‘(C) in the case of a sentence for an offense for which 

the President has established a sentencing parameter 

pursuant to section 539E(e) of the National Defense 

Authorization Act for Fiscal Year 2022, whether the sentence is a result of an incorrect application of the parameter; 

‘‘(D) whether the sentence is plainly unreasonable; and 

‘‘(E) in review of a sentence to death or to life in 

prison without eligibility for parole determined by the members in a capital case under section 853(c) of this title 

(article 53(c)), whether the sentence is otherwise appropriate, under rules prescribed by the President. 

‘‘(2) RECORD ON APPEAL.—In an appeal under this subsection or section 856(d) of this title (article 56(d)), other than 

review under subsection (b)(2) of this section, the record on 

appeal shall consist of— 

‘‘(A) any portion of the record in the case that is designated as pertinent by any party; 

‘‘(B) the information submitted during the sentencing 

proceeding; and 

Review. 


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135 STAT. 1704 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(C) any information required by rule or order of the 

Court of Criminal Appeals.’’. 

(e) ESTABLISHMENT OF SENTENCING PARAMETERS AND SENTENCING CRITERIA.— (1) IN GENERAL.—Not later than two years after the date 

of the enactment of this Act, the President shall prescribe 

regulations establishing sentencing parameters and sentencing 

criteria related to offenses under chapter 47 of title 10, United 

States Code (the Uniform Code of Military Justice), in accordance with this subsection. Such parameters and criteria— 

(A) shall cover sentences of confinement; and 

(B) may cover lesser punishments, as the President 

determines appropriate. 

(2) SENTENCING PARAMETERS.—Sentencing parameters 

established under paragraph (1) shall— 

(A) identify a delineated sentencing range for an 

offense that is appropriate for a typical violation of the 

offense, taking into consideration— 

(i) the severity of the offense; 

(ii) the guideline or offense category that would 

apply to the offense if the offense were tried in a 

United States district court; 

(iii) any military-specific sentencing factors; 

(iv) the need for the sentencing parameter to be 

sufficiently broad to allow for individualized consideration of the offense and the accused; and 

(v) any other relevant sentencing guideline. 

(B) include no fewer than 5 and no more than 12 

offense categories; 

(C) assign such offense under this chapter to an offense 

category unless the offense is identified as unsuitable for 

sentencing parameters under paragraph (4)(F)(ii); and 

(D) delineate the confinement range for each offense 

category by setting an upper confinement limit and a lower 

confinement limit. 

(3) SENTENCING CRITERIA.—Sentencing criteria established 

under paragraph (1) shall identify offense-specific factors the 

military judge should consider and any collateral effects of 

available punishments that may aid the military judge in determining an appropriate sentence when there is no applicable 

sentencing parameter for a specific offense. 

(4) MILITARY SENTENCING PARAMETERS AND CRITERIA

BOARD.— 

(A) IN GENERAL.—There is established within the 

Department of Defense a board, to be known as the ‘‘Military Sentencing Parameters and Criteria Board’’ (referred 

to in this subsection as the ‘‘Board’’). 

(B) VOTING MEMBERS.—The Board shall have 5 voting 

members, as follows: 

(i) The 4 chief trial judges designated under section 

826(g) of title 10, United States Code (article 26(g) 

of the Uniform Code of Military Justice), except that, 

if the chief trial judge of the Coast Guard is not available, the Judge Advocate General of the Coast Guard 

may designate as a voting member a judge advocate 

of the Coast Guard with substantial military justice 

experience. 

Establishment. 

Designations. 

Determination. 

Deadline. 

President. 

Regulations. 

10 USC 856 note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1705 

(ii) A trial judge of the Navy, designated under 

regulations prescribed by the President, if the chief 

trial judges designated under section 826(g) of title 

10, United States Code (article 26(g) of the Uniform 

Code of Military Justice), do not include a trial judge 

of the Navy. 

(iii) A trial judge of the Marine Corps, designated 

under regulations prescribed by the President, if the 

chief trial judges designated under section 826(g) of 

title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial 

judge of the Marine Corps. 

(C) NONVOTING MEMBERS.—The Chief Judge of the 

Court of Appeals for the Armed Forces, the Chairman 

of the Joint Chiefs of Staff, and the General Counsel of 

the Department of Defense shall each designate one nonvoting member of the Board. The Secretary of Defense 

may appoint one additional nonvoting member of the Board 

at the Secretary’s discretion. 

(D) CHAIR AND VICE-CHAIR.—The Secretary of Defense 

shall designate one voting member as chair of the Board 

and one voting member as vice-chair. 

(E) VOTING REQUIREMENT.—An affirmative vote of at 

least three members is required for any action of the Board 

under this subsection. 

(F) DUTIES OF BOARD.—The Board shall have the following duties: 

(i) As directed by the Secretary of Defense, the 

Board shall submit to the President for approval— 

(I) sentencing parameters for all offenses 

under chapter 47 of title 10, United States Code 

(the Uniform Code of Military Justice) (other than 

offenses that the Board identifies as unsuitable 

for sentencing parameters in accordance with 

clause (ii)); and 

(II) sentencing criteria to be used by military 

judges in determining appropriate sentences for 

offenses that are identified as unsuitable for sentencing parameters in accordance with clause (ii). 

(ii) Identify each offense under chapter 47 of title 

10, United States Code (the Uniform Code of Military 

Justice), that is unsuitable for sentencing parameters. 

The Board shall identify an offense as unsuitable for 

sentencing parameters if— 

(I) the nature of the offense is indeterminate 

and unsuitable for categorization; and 

(II) there is no similar criminal offense under 

the laws of the United States or the laws of the 

District of Columbia. 

(iii) In developing sentencing parameters and criteria, the Board shall consider the sentencing data 

collected by the Military Justice Review Panel pursuant to section 946(f)(2) of title 10, United States Code 

(article 146(f)(2) of the Uniform Code of Military Justice). 

(iv) In addition to establishing parameters for sentences of confinement under clause (i)(I), the Board 

Appointment. 


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shall consider the appropriateness of establishing sentencing parameters for punitive discharges, fines, 

reductions, forfeitures, and other lesser punishments 

authorized under chapter 47 of title 10, United States 

Code (the Uniform Code of Military Justice). 

(v) The Board shall regularly— 

(I) review, and propose revision to, in consideration of comments and data coming to the Board’s 

attention, the sentencing parameters and sentencing criteria prescribed under paragraph (1); 

and 

(II) submit to the President, through the Secretary of Defense, proposed amendments to the 

sentencing parameters and sentencing criteria, 

together with statements explaining the basis for 

the proposed amendments. 

(vi) The Board shall develop means of measuring 

the degree to which applicable sentencing, penal, and 

correctional practices are effective with respect to the 

sentencing factors and policies set forth in this section. 

(vii) In fulfilling its duties and in exercising its 

powers, the Board shall consult authorities on, and 

individual and institutional representatives of, various 

aspects of the military criminal justice system. The 

Board may establish separate advisory groups consisting of individuals with current or recent experience 

in command and in senior enlisted positions, individuals with experience in the trial of courts-martial, and 

such other groups as the Board deems appropriate. 

(viii) The Board shall submit to the President, 

through the Secretary of Defense, proposed amendments to the rules for courts-martial with respect to 

sentencing proceedings and maximum punishments, 

together with statements explaining the basis for the 

proposed amendments. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date that is two years after the date 

of the enactment of this Act and shall apply to sentences adjudged 

in cases in which all findings of guilty are for offenses that occurred 

after the date that is two years after the date of the enactment 

of this Act. 

(g) REPEAL OF SECRETARIAL GUIDELINES ON SENTENCES FOR

OFFENSES COMMITTED UNDER THE UNIFORM CODE OF MILITARY

JUSTICE.—Section 537 of the National Defense Authorization Act 

for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1363; 10 U.S.C. 

856 note) is repealed. 

PART 3—REPORTS AND OTHER MATTERS 

SEC. 539F. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR 

IMPLEMENTATION. 

(a) BRIEFING AND REPORT REQUIRED.— 

(1) BRIEFING.—Not later than March 1, 2022, each Secretary concerned shall provide to the appropriate congressional 

committees a briefing that details the resourcing necessary 

to implement this subtitle and the amendments made by this 

subtitle. 

Deadline. 

Applicability. 

10 USC 853 note. 

Proposals. 

Statements. 

Consultation. 

Proposals. 

Statements. 

Reviews. 

Revisions. 


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(2) REPORT.—On a date occurring after the briefing under 

paragraph (1), but not later than one year after the date of 

the enactment of this Act, each Secretary concerned shall 

submit to the appropriate congressional committees a report 

that details the resourcing necessary to implement this subtitle 

and the amendments made by this subtitle. 

(3) FORM OF BRIEFING AND REPORT.—Each Secretary concerned may provide the briefing and report required under 

paragraphs (1) and (2) jointly, or separately, as determined 

appropriate by such Secretaries 

(b) ELEMENTS.—The briefing and report required under subsection (a) shall address the following: 

(1) The number of additional personnel and personnel 

authorizations (military and civilian) required by the Armed 

Forces to implement and execute the provisions of this subtitle 

and the amendments made by this subtitle by the effective 

date specified in section 539C. 

(2) The basis for the number provided pursuant to paragraph (1), including the following: 

(A) A description of the organizational structure in 

which such personnel or groups of personnel are or will 

be aligned. 

(B) The nature of the duties and functions to be performed by any such personnel or groups of personnel across 

the domains of policy-making, execution, assessment, and 

oversight. 

(C) The optimum caseload goal assigned to the following categories of personnel who are or will participate 

in the military justice process: criminal investigators of 

different levels and expertise, laboratory personnel, defense 

counsel, special trial counsel, military defense counsel, military judges, and military magistrates. 

(D) Any required increase in the number of personnel 

currently authorized in law to be assigned to the Armed 

Force concerned. 

(3) The nature and scope of any contract required by the 

Armed Force concerned to implement and execute the provisions of this subtitle and the amendments made by this subtitle 

by the effective date specified in section 539C. 

(4) The amount and types of additional funding required 

by the Armed Force concerned to implement the provisions 

of this subtitle and the amendments made by this subtitle 

by the effective date specified in section 539C. 

(5) Any additional authorities required to implement the 

provisions of this subtitle and the amendments made by this 

subtitle by the effective date specified in section 539C. 

(6) Any additional information the Secretary concerned 

determines is necessary to ensure the manning, equipping, 

and resourcing of the Armed Forces to implement and execute 

the provisions of this subtitle and the amendments made by 

this subtitle. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the 

Senate; and 

Determination. 


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135 STAT. 1708 PUBLIC LAW 117–81—DEC. 27, 2021 

(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House 

of Representatives. 

(2) The term ‘‘Secretary concerned’’ has the meaning given 

that term in section 101(a) of title 10, United States Code. 

SEC. 539G. BRIEFING ON IMPLEMENTATION OF CERTAIN RECOMMENDATIONS OF THE INDEPENDENT REVIEW COMMISSION ON SEXUAL ASSAULT IN THE MILITARY. 

(a) BRIEFING REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

provide to the Committees on Armed Services of the Senate and 

the House of Representatives a briefing on the status of the 

implementation of the recommendations set forth in the report 

of the Independent Review Commission on Sexual Assault in the 

Military titled ‘‘Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault 

in the Military’’, and dated July 2, 2021. 

(b) ELEMENTS.—The briefing under subsection (a) shall address 

the following: 

(1) The status of the implementation of each recommendation, including— 

(A) whether, how, and to what extent the recommendation has been implemented; and 

(B) any rules, regulations, policies, or other guidance 

that have been issued, revised, changed, or cancelled as 

a result of the implementation of the recommendation. 

(2) For each recommendation that has not been fully implemented or superseded by statute as of the date of the briefing, 

a description of any plan for the implementation of the recommendation, including identification of— 

(A) intermediate actions, milestone dates, and any 

expected completion date for implementation of the recommendation; and 

(B) any rules, regulations, policies, or other guidance 

that are expected to be issued, revised, changed, or cancelled as a result of the implementation of the recommendation. 

Subtitle E—Other Military Justice and 

Legal Matters 

SEC. 541. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE. 

Section 806b(a) of title 10, United States Code (article 6b(a) 

of the Uniform Code of Military Justice), is amended— 

(1) by redesignating paragraph (8) as paragraph (9); and 

(2) by inserting after paragraph (7) the following new paragraph: 

‘‘(8) The right to be informed in a timely manner of any 

plea agreement, separation-in-lieu-of-trial agreement, or nonprosecution agreement relating to the offense, unless providing 

such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual 

other than the accused.’’. 

Plan. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1709 

SEC. 542. CONDUCT UNBECOMING AN OFFICER. 

(a) IN GENERAL.—Section 933 of title 10, United States Code 

(article 133 of the Uniform Code of Military Justice) is amended— 

(1) in the section heading, by striking ‘‘and a gentleman’’; 

and 

(2) by striking ‘‘and a gentleman’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter X of chapter 47 of such title is amended by 

striking the item relating to section 933 (article 133) and inserting 

the following new item: 

‘‘933. 133. Conduct unbecoming an officer.’’. 

SEC. 543. INDEPENDENT INVESTIGATION OF COMPLAINTS OF SEXUAL 

HARASSMENT. 

(a) IN GENERAL.—Section 1561 of title 10, United States Code, 

is amended to read as follows: 

‘‘§ 1561. Complaints of sexual harassment: independent investigation 

‘‘(a) ACTION ON COMPLAINTS ALLEGING SEXUAL HARASSMENT.— 

A commanding officer or officer in charge of a unit, vessel, facility, 

or area of the Army, Navy, Air Force, Marine Corps, or Space 

Force who receives from a member of the command or a civilian 

employee under the supervision of the officer a formal complaint 

alleging a claim of sexual harassment by a member of the armed 

forces or a civilian employee of the Department of Defense shall, 

to the extent practicable, direct that an independent investigation 

of the matter be carried out in accordance with this section. 

‘‘(b) COMMENCEMENT OF INVESTIGATION.—To the extent practicable, a commanding officer or officer in charge receiving such 

a formal complaint shall forward such complaint to an independent 

investigator within 72 hours after receipt of the complaint, and 

shall further— 

‘‘(1) forward the formal complaint or a detailed description 

of the allegation to the next superior officer in the chain of 

command who is authorized to convene a general court-martial; 

and 

‘‘(2) advise the complainant of the commencement of the 

investigation. 

‘‘(c) DURATION OF INVESTIGATION.—To the extent practicable, 

a commanding officer or officer in charge shall ensure that an 

independent investigator receiving a formal complaint of sexual 

harassment under this section completes the investigation of the 

complaint not later than 14 days after the date on which the 

investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge 

specified in subsection (a) for action as appropriate. 

‘‘(d) REPORT ON INVESTIGATION.—To the extent practicable, a 

commanding officer or officer in charge shall— 

‘‘(1) submit a final report on the results of the independent 

investigation, including any action taken as a result of the 

investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or 

‘‘(2) submit a report on the progress made in completing 

the investigation to the next superior officer referred to in 

subsection (b)(1) within 20 days after the date on which the 

Time period. 

Deadline. 

Deadline. 

10 USC 877 prec. 


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investigation is commenced and every 14 days thereafter until 

the investigation is completed and, upon completion of the 

investigation, then submit a final report on the results of the 

investigation, including any action taken as a result of the 

investigation, to that next superior officer. 

‘‘(e) SEXUAL HARASSMENT DEFINED.—In this section, the term 

‘sexual harassment’ means conduct that constitutes the offense 

of sexual harassment as punishable under section 934 of this title 

(article 134) pursuant to the regulations prescribed by the Secretary 

of Defense for purposes of such section (article).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 80 of title 10, United States Code, is amended 

by striking the item relating to section 1561 and inserting the 

following new item: 

‘‘1561. Complaints of sexual harassment: independent investigation.’’. 

(c) EFFECTIVE DATE.—The amendments made by subsections 

(a) and (b) shall— 

(1) take effect on the date that is two years after the 

date of the enactment of this Act; and 

(2) apply to any investigation of a formal complaint of 

sexual harassment (as defined in section 1561 of title 10, United 

States Code, as amended by subsection (a)) made on or after 

that date. 

(d) REGULATIONS.—Not later than 18 months after the date 

of the enactment of this Act the Secretary of Defense shall prescribe 

regulations providing for the implementation of section 1561 of 

title 10, United States Code, as amended by subsection (a). 

(e) REPORT ON IMPLEMENTATION.—Not later than one year after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on the preparation 

of the Secretary to implement section 1561 of title 10, United 

States Code, as amended by subsection (a). 

SEC. 544. DEPARTMENT OF DEFENSE TRACKING OF ALLEGATIONS OF 

RETALIATION BY VICTIMS OF SEXUAL ASSAULT OR 

SEXUAL HARASSMENT AND RELATED PERSONS. 

(a) IN GENERAL.—Chapter 80 of title 10, United States Code, 

is amended by inserting after section 1562 the following new section: 

‘‘§ 1562a. Complaints of retaliation by victims of sexual 

assault or sexual harassment and related persons: 

tracking by Department of Defense 

‘‘(a) DESIGNATION OF RESPONSIBLE COMPONENT.—The Secretary 

of Defense shall designate a component of the Office of the Secretary 

of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries 

concerned and the Inspector General of the Department of Defense 

provide to such component the information required to be documented and tracked as described in subsection (b). 

‘‘(b) TRACKING OF ALLEGATIONS.—The head of the component 

designated by the Secretary under subsection (a) shall document 

and track each covered allegation of retaliation, including— 

‘‘(1) that such an allegation has been reported and by 

whom; 

‘‘(2) the date of the report; 

10 USC 1562a. 

Deadline. 

10 USC 1561 

note. 

Applicability. 

10 USC 1561 

note. 

10 USC 1561 

prec. 


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‘‘(3) the nature of the allegation and the name of the 

person or persons alleged to have engaged in such retaliation; 

‘‘(4) the Department of Defense component or other entity 

responsible for the investigation of or inquiry into the allegation; 

‘‘(5) the entry of findings; 

‘‘(6) referral of such findings to a decisionmaker for review 

and action, as appropriate; 

‘‘(7) the outcome of final action; and 

‘‘(8) any other element of information pertaining to the 

allegation determined appropriate by the Secretary or the head 

of the component designated by the Secretary. 

‘‘(c) COVERED ALLEGATION OF RETALIATION DEFINED.—In this 

section, the term ‘covered allegation of retaliation’ means an allegation of retaliation— 

‘‘(1) made by— 

‘‘(A) an alleged victim of sexual assault or sexual 

harassment; 

‘‘(B) an individual charged with providing services or 

support to an alleged victim of sexual assault or sexual 

harassment; 

‘‘(C) a witness or bystander to an alleged sexual assault 

or sexual harassment; or 

‘‘(D) any other person associated with an alleged victim 

of a sexual assault or sexual harassment; and 

‘‘(2) without regard to whether the allegation is reported 

to or investigated or inquired into by— 

‘‘(A) the Department of Defense Inspector General or 

any other inspector general; 

‘‘(B) a military criminal investigative organization; 

‘‘(C) a commander or other person at the direction 

of the commander; 

‘‘(D) another military or civilian law enforcement 

organization; or 

‘‘(E) any other organization, officer, or employee of 

the Department of Defense.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 80 of title 10, United States Code, is amended 

by inserting after the item relating to section 1562 the following 

new item: 

‘‘1562a. Complaints of retaliation by victims of sexual assault or sexual harassment 

and related persons: tracking by Department of Defense.’’. 

SEC. 545. MODIFICATION OF NOTICE TO VICTIMS OF PENDENCY OF 

FURTHER ADMINISTRATIVE ACTION FOLLOWING A DETERMINATION NOT TO REFER TO TRIAL BY COURT-MARTIAL. 

Section 549 of the National Defense Authorization Act for Fiscal 

Year 2020 (Public Law 116–92; 10 U.S.C. 806b note) is amended— 

(1) in the section heading, by striking ‘‘ALLEGED SEXUAL

ASSAULT’’ and inserting ‘‘ALLEGED SEX-RELATED OFFENSE’’; 

(2) by striking ‘‘Under regulations’’ and inserting ‘‘Notwithstanding section 552a of title 5, United States Code, and under 

regulations’’; 

(3) by striking ‘‘alleged sexual assault’’ and inserting ‘‘an 

alleged sex-related offense (as defined in section 1044e(h) of 

title 10, United States Code)’’; and 

10 USC 1561 

prec. 


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(4) by adding at the end the following new sentence: ‘‘Upon 

such final determination, the commander shall notify the victim 

of the type of action taken on such case, the outcome of the 

action (including any punishments assigned or characterization 

of service, as applicable), and such other information as the 

commander determines to be relevant.’’ 

SEC. 546. CIVILIAN POSITIONS TO SUPPORT SPECIAL VICTIMS’ 

COUNSEL. 

(a) CIVILIAN SUPPORT POSITIONS.—Each Secretary of a military 

department may establish one or more civilian positions within 

each office of the Special Victims’ Counsel under the jurisdiction 

of such Secretary. 

(b) DUTIES.—The duties of each position under subsection (a) 

shall be— 

(1) to provide support to Special Victims’ Counsel, including 

legal, paralegal, and administrative support; and 

(2) to ensure the continuity of legal services and the 

preservation of institutional knowledge in the provision of 

victim legal services notwithstanding transitions in the military 

personnel assigned to offices of the Special Victims’ Counsel. 

(c) SPECIAL VICTIMS’ COUNSEL DEFINED.—In this section, the 

term ‘‘Special Victims’ Counsel’’ means Special Victims’ Counsel 

described in section 1044e of title 10, United States Code, and 

in the case of the Navy and Marine Corps, includes counsel designated as ‘‘Victims’ Legal Counsel’’. 

SEC. 547. PLANS FOR UNIFORM DOCUMENT MANAGEMENT SYSTEM, 

TRACKING PRETRIAL INFORMATION, AND ASSESSING 

CHANGES IN LAW. 

(a) PLAN FOR DOCUMENT MANAGEMENT SYSTEM.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense, in 

consultation with the Secretary of Homeland Security (with 

respect to the Coast Guard when it is not operating as a 

service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), 

shall publish a plan pursuant to which the Secretary of Defense 

shall establish a single document management system for use 

by each Armed Force to collect and present information on 

matters within the military justice system, including information collected and maintained for purposes of section 940a 

of title 10, United States Code (article 140a of the Uniform 

Code of Military Justice). 

(2) ELEMENTS.—The plan under subsection (a) shall meet 

the following criteria: 

(A) CONSISTENCY OF DATA FIELDS.—The plan shall 

ensure that each Armed Force uses consistent data collection fields, definitions, and other criteria for the document 

management system described in subsection (a). 

(B) BEST PRACTICES.—The plan shall include a strategy 

for incorporating into the document management system 

the features of the case management and electronic case 

filing system of the Federal courts to the greatest extent 

possible. 

Strategy. 

Criteria. 

Deadlines. 

Consultations. 

Publications. 

10 USC 1044e 

note. 


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(C) PROSPECTIVE APPLICATION.—The plan shall require 

the document management system to be used for the collection and presentation of information about matters occurring after the date of the implementation of the system. 

The plan shall not require the collection and presentation 

of historical data about matters occurring before the 

implementation date of the system. 

(D) RESOURCES.—The plan shall include an estimate 

of the resources (including costs, staffing, and other 

resources) required to implement the document management system. 

(E) AUTHORITIES.—The plan shall include an analysis 

of any legislative actions, including any changes to law, 

that may be required to implement the document management system for each Armed Force. 

(b) PLAN FOR TRACKING PRETRIAL INFORMATION.—Not later 

than one year after the date of the enactment of this Act, the 

Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not 

operating as a service in the Navy), the Secretaries of the military 

departments, and the Judge Advocates specified in subsection (e), 

shall publish a plan addressing how the Armed Forces will collect, 

track, and maintain pretrial records, data, and other information 

regarding the reporting, investigation, and processing of all offenses 

under chapter 47 of title 10, United States Code (the Uniform 

Code of Military Justice), arising in any Armed Force in a manner 

such that each Armed Force uses consistent data collection fields, 

definitions, and criteria. 

(c) PLAN FOR ASSESSING EFFECTS OF CHANGES IN LAW.—Not 

later than one year after the date of the enactment of this Act, 

the Secretary of Defense, in consultation with the Secretary of 

Homeland Security (with respect to the Coast Guard when it is 

not operating as a service in the Navy), the Secretaries of the 

military departments, and the Judge Advocates specified in subsection (e), shall publish a plan addressing the manner in which 

the Department of Defense will analyze the effects of the changes 

in law and policy required under subtitle D and the amendments 

made by such subtitle with respect to the disposition of offenses 

over which a special trial counsel at any time exercises authority 

in accordance with section 824a of title 10, United States Code 

(article 24a of the Uniform Code of Military Justice) (as added 

by section 531 of this Act). 

(d) INTERIM BRIEFINGS.— 

(1) IN GENERAL.—Not less frequently than once every 90 

days during the covered period, the Secretary of Defense, in 

consultation with the Secretary of Homeland Security (with 

respect to the Coast Guard when it is not operating as a 

service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), 

shall provide to the Committees on Armed Services of the 

Senate and the House of Representatives, the Committee on 

Commerce, Science, and Transportation of the Senate, and 

the Committee on Transportation and Infrastructure of the 

House of Representatives a briefing on the status of the development of the plans required under subsections (a) through (c). 

Time period. 

Analysis. 

Estimate. 


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(2) COVERED PERIOD.—In this subsection, the term ‘‘covered 

period’’ means the period beginning on the date of the enactment of this Act and ending on the date that is one year 

after the date of the enactment of this Act. 

(e) JUDGE ADVOCATES SPECIFIED.—The Judge Advocates specified in this subsection are the following: 

(1) The Judge Advocate General of the Army. 

(2) The Judge Advocate General of the Navy. 

(3) The Judge Advocate General of the Air Force. 

(4) The Staff Judge Advocate to the Commandant of the 

Marine Corps. 

(5) The Judge Advocate General of the Coast Guard. 

SEC. 548. DETERMINATION AND REPORTING OF MEMBERS MISSING, 

ABSENT UNKNOWN, ABSENT WITHOUT LEAVE, AND DUTY 

STATUS-WHEREABOUTS UNKNOWN. 

(a) COMPREHENSIVE REVIEW OF MISSING PERSONS REPORTING.— 

The Secretary of Defense shall instruct each Secretary of a military 

department to perform a comprehensive review of the policies and 

procedures of the military department concerned to determine and 

report a member of an Armed Force under the jurisdiction of 

such Secretary of a military department as missing, absent 

unknown, absent without leave, or duty status-whereabouts 

unknown. 

(b) REVIEW OF INSTALLATION-LEVEL PROCEDURES.—In addition 

to such other requirements as may be set forth by the Secretary 

of Defense pursuant to subsection (a), each Secretary of a military 

department shall, with regard to the military department concerned— 

(1) direct each commander of a military installation, 

including any tenant command or activity present on such 

military installation, to review policies and procedures for carrying out the determination and reporting activities described 

in subsection (a); and 

(2) update such installation-level policies and procedures, 

including any tenant command or activity policies and procedures, to improve force protection, enhance security for members living on the military installation, and promote reporting 

at the earliest practicable time to local law enforcement (at 

all levels) and Federal law enforcement field offices with overlapping jurisdiction with that installation, when a member 

is determined to be missing, absent unknown, absent without 

leave, or duty status-whereabouts unknown. 

(c) INSTALLATION-SPECIFIC REPORTING PROTOCOLS.— 

(1) IN GENERAL.—Each commander of a military installation shall establish a protocol applicable to all persons and 

organizations present on the military installation, including 

tenant commands and activities, for sharing information with 

local and Federal law enforcement agencies about members 

who are missing, absent-unknown, absent without leave, or 

duty status-whereabouts unknown. The protocol shall provide 

for the immediate entry regarding the member concerned in 

the Missing Persons File of the National Crimes Information 

Center data and for the commander to immediately notify all 

local law enforcement agencies with jurisdictions in the immediate area of the military installation, when the status of a 

member assigned to such installation has been determined 

Notification. 

Updates. 

10 USC 1501 

note prec. 

Definition. 


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to be missing, absent unknown, absent without leave, or duty 

status-whereabouts unknown. 

(2) REPORTING TO MILITARY INSTALLATION COMMAND.—Each 

commander of a military installation shall submit the protocol 

established pursuant to paragraph (1) to the Secretary of the 

military department concerned. 

(d) REPORT REGARDING NATIONAL GUARD.—Not later than June 

1, 2022, the Secretary of Defense shall submit, to the Committees 

on Armed Services of the Senate and House of Representatives, 

a report on the feasibility of implementing subsections (a), (b), 

and (c), with regards to facilities of the National Guard. Such 

report shall include recommendations of the Secretary, including 

a proposed timeline for implementing the provisions of such subsections that the Secretary determines feasible. 

SEC. 549. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PREVENTION 

AND RESPONSE. 

(a) DELEGATION OF AUTHORITY TO AUTHORIZE EXCEPTIONAL

ELIGIBILITY FOR CERTAIN BENEFITS.—Paragraph (4) of section 

1059(m) of title 10, United States Code, is amended to read as 

follows: 

‘‘(4)(A) Except as provided in subparagraph (B), the authority 

of the Secretary concerned under paragraph (1) may not be delegated. 

‘‘(B) During the two year period following the date of the 

enactment of the National Defense Authorization Act for Fiscal 

Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretarylevel or above. Any exercise of such delegated authority shall be 

reported to the Secretary concerned on a quarterly basis.’’. 

(b) EXTENSION OF REQUIREMENT FOR ANNUAL FAMILY

ADVOCACY PROGRAM REPORT REGARDING CHILD ABUSE AND

DOMESTIC VIOLENCE.—Section 574(a) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 

Stat. 2141) is amended by striking ‘‘April 30, 2021’’ and inserting 

‘‘April 30, 2026’’. 

(c) IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS.— 

(1) IN GENERAL.—Consistent with the recommendations set 

forth in the report of the Comptroller General of the United 

States titled ‘‘Domestic Abuse: Actions Needed to Enhance 

DOD’s Prevention, Response, and Oversight’’ (GAO–21–289), 

the Secretary of Defense, in consultation with the Secretaries 

of the military departments, shall carry out the activities specified in subparagraphs (A) through (K). 

(A) DOMESTIC ABUSE DATA.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary 

of Defense, in consultation with the Secretaries of the 

military departments, shall carry out each of the following: 

(i) Issue guidance to the Secretaries of the military 

departments to clarify and standardize the process for 

collecting and reporting data on domestic abuse in 

the Armed Forces, including— 

(I) data on the numbers and types of domestic 

abuse incidents involving members of the Armed 

Forces; and 

Deadline. 

Consultations. 

10 USC 1781 

note. 

Reports. 

Time period. 

Recommendations. 

Timeline. 

Determination. 


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(II) data for inclusion in the reports required 

to be submitted under section 574 of the National 

Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 130 Stat. 2141). 

(ii) Develop a quality control process to ensure 

the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, 

including allegations of abuse that do not meet the 

Department of Defense definition of domestic abuse. 

(iii) Expand the scope of any reporting to Congress 

that includes data on domestic abuse in the Armed 

Forces to include data on and analysis of the types 

of allegations of domestic abuse. 

(B) DOMESTIC VIOLENCE AND COMMAND ACTION DATA.— Not later than 180 days after the date of the enactment 

of this Act, the Secretary of Defense, in consultation with 

the Secretaries of the military departments, shall— 

(i) evaluate the organizations and elements of the 

Department of Defense that are responsible for 

tracking domestic violence incidents and the command 

actions taken in response to such incidents to determine if there are actions that may be carried out 

to— 

(I) eliminate gaps and redundancies in the 

activities of such organizations; 

(II) ensure consistency in the approaches of 

such organizations to the tracking of such incidents 

and actions; and 

(III) otherwise improve the tracking of such 

incidents and actions across the Department; 

(ii) based on the evaluation under clause (i), clarify 

or adjust— 

(I) the duties of such organizations and elements; and 

(II) the manner in which such organizations 

and elements coordinate their activities; and 

(iii) issue guidance to the Secretaries of the military departments to clarify and standardize the 

information required to be collected and reported to 

the database on domestic violence incidents under section 1562 of title 10, United States Code. 

(C) REGULATIONS FOR VIOLATION OF CIVILIAN ORDERS

OF PROTECTION.—The Secretary of Defense shall revise or 

issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member 

of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, 

notice that the violation of such order may be punishable 

under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). 

(D) AGREEMENTS WITH CIVILIAN VICTIM SERVICE

ORGANIZATIONS.— 

(i) GUIDANCE REQUIRED.—The Secretary of 

Defense, in consultation with the Secretaries of the 

military departments, shall issue guidance pursuant 

to which personnel of a Family Advocacy Program 

at a military installation may enter into memoranda 

Memorandum. 

Notice. 

Evaluation. 

Deadline. 


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of understanding with qualified civilian victim service 

organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii). 

(ii) CONTENTS OF AGREEMENT.—A memorandum 

of understanding entered into under clause (i) shall 

provide that personnel of a Family Advocacy Program 

at a military installation may refer a victim of domestic 

abuse to a qualified civilian victim service organization 

if such personnel determine that— 

(I) the services offered at the installation are 

insufficient to meet the victim’s needs; or 

(II) such a referral would otherwise benefit 

the victim. 

(E) SCREENING AND REPORTING OF INITIAL ALLEGATIONS.—The Secretary of Defense, in consultation with the 

Secretaries of the military departments, shall develop and 

implement a standardized process— 

(i) to ensure consistency in the manner in which 

allegations of domestic abuse are screened and documented at military installations, including by ensuring 

that allegations of domestic abuse are documented 

regardless of the severity of the incident; and 

(ii) to ensure consistency in the form and manner 

in which such allegations are presented to Incident 

Determination Committees. 

(F) IMPLEMENTATION AND OVERSIGHT OF INCIDENT

DETERMINATION COMMITTEES.— 

(i) IMPLEMENTATION.—The Secretary of Defense, 

in consultation with the Secretaries of the military 

departments, shall ensure that Incident Determination 

Committees are fully implemented within each Armed 

Force. 

(ii) OVERSIGHT AND MONITORING.—The Secretary 

of Defense shall— 

(I) direct the Under Secretary of Defense for 

Personnel and Readiness to conduct oversight of 

the activities of the Incident Determination 

Committees of the Armed Forces on an ongoing 

basis; and 

(II) establish a formal process through which 

the Under Secretary will monitor Incident Determination Committees to ensure that the activities 

of such Committees are conducted in an consistent 

manner in accordance with the applicable policies 

of the Department of Defense and the Armed 

Forces. 

(G) REASONABLE SUSPICION STANDARD FOR INCIDENT

REPORTING.—Not later than 90 days after the date of the 

enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall 

issue regulations— 

(i) under which the personnel of a Family Advocacy 

Program shall be required to report an allegation of 

domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse 

occurred; and 

Requirement. 

Deadline. 

Regulations. 

Determination. 


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135 STAT. 1718 PUBLIC LAW 117–81—DEC. 27, 2021 

(ii) that fully define and establish standardized 

criteria for determining whether an allegation of abuse 

meets the reasonable suspicion standard referred to 

in clause (i). 

(H) GUIDANCE FOR VICTIM RISK ASSESSMENT.—The Secretary of Defense, in consultation with the Secretaries of 

the military departments, shall issue guidance that— 

(i) identifies the risk assessment tools that must 

be used by Family Advocacy Program personnel to 

assess reports of domestic abuse; and 

(ii) establishes minimum qualifications for the personnel responsible for using such tools. 

(I) IMPROVING FAMILY ADVOCACY PROGRAM AWARENESS

CAMPAIGNS.—The Secretary of Defense, in consultation with 

the Secretaries of the military departments, shall develop 

and implement— 

(i) a communications strategy to support the 

Armed Forces in increasing awareness of the options 

and resources available for reporting incidents of 

domestic abuse; and 

(ii) metrics to evaluate the effectiveness of 

domestic abuse awareness campaigns within the 

Department of Defense and the Armed Forces, 

including by identifying a target audience and defining 

measurable objectives for such campaigns. 

(J) ASSESSMENT OF THE DISPOSITION MODEL FOR

DOMESTIC VIOLENCE.—As part of the independent analysis 

required by section 549C of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal 

Year 2021 (Public Law 116–283) the Secretary of Defense 

shall include an assessment of— 

(i) the risks and consequences of the disposition 

model for domestic violence in effect as of the date 

of the enactment of this Act, including the risks and 

consequences of such model with respect to— 

(I) the eligibility of victims for transitional 

compensation and other benefits; and 

(II) the eligibility of perpetrators of domestic 

violence to possess firearms and any related effects 

on the military service of such individuals; and 

(ii) the feasibility and advisability of establishing 

alternative disposition models for domestic violence, 

including an assessment of the advantages and disadvantages of each proposed model. 

(K) FAMILY ADVOCACY PROGRAM TRAINING.— 

(i) TRAINING FOR COMMANDERS AND SENIOR

ENLISTED ADVISORS.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall— 

(I) ensure that the Family Advocacy Program 

training provided to installation-level commanders 

and senior enlisted advisors of the Armed Forces 

meets the applicable requirements of the Department of Defense; and 

(II) shall provide such additional guidance and 

sample training materials as may be necessary 

to improve the consistency of such training. 

Effective date. 

Strategy. 


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(ii) TRAINING FOR CHAPLAINS.—The Secretary of 

Defense shall— 

(I) require that chaplains of the Armed Forces 

receive Family Advocacy Program training; 

(II) establish content requirements and 

learning objectives for such training; and 

(III) provide such additional guidance and 

sample training materials as may be necessary 

to effectively implement such training. 

(iii) TRAINING COMPLETION DATA.—The Secretary 

of Defense, in consultation with the Secretaries of the 

military departments, shall develop a process to ensure 

the quality and completeness of data indicating 

whether members of the Armed Forces who are 

required to complete Family Advocacy Program 

training, including installation-level commanders and 

senior enlisted advisors, have completed such training. 

(2) GENERAL IMPLEMENTATION DATE.—Except as otherwise 

provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such 

paragraph by not later than one year after the date of the 

enactment of this Act. 

(3) QUARTERLY STATUS BRIEFING.—Not later than 90 days 

after the date of the enactment of this Act and on a quarterly 

basis thereafter until the date on which all of the activities 

specified in paragraph (1) have been implemented, the Secretary of Defense shall provide to the appropriate congressional 

committees a briefing on the status of the implementation 

of such activities. 

(d) INFORMATION ON SERVICES FOR MILITARY FAMILIES.—Each 

Secretary of a military department shall ensure that a military 

family member who reports an incident of domestic abuse or child 

abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a 

clear and easily understandable format, on the services available 

to such family member in connection with such incident. Such 

information shall include a complete guide to the following: 

(1) The Family Advocacy Program of the Armed Force 

or military department concerned. 

(2) Military law enforcement services, including an explanation of the process that follows a report of an incident of 

domestic abuse or child abuse or neglect. 

(3) Other applicable victim services. 

(e) REPORTS ON STAFFING LEVELS FOR FAMILY ADVOCACY PROGRAMS.— 

(1) IN GENERAL.—Not later than 180 days after the date 

on which the staffing tool described in paragraph (2) becomes 

operational, and on an annual basis thereafter for the following 

five years, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth the following: 

(A) Military, civilian, and contract support staffing 

levels for the Family Advocacy Programs of the Armed 

Forces at each military installation so staffed as of the 

date of the report. 

Time period. 

Deadline. 

Deadline. 

Requirements. 


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(B) Recommendations for ideal staffing levels for the 

Family Advocacy Programs, as identified by the staffing 

tool. 

(2) STAFFING TOOL DESCRIBED.—The staffing tool described 

in this paragraph is a tool that will be used to assist the 

Department in determining adequate staffing levels for Family 

Advocacy Programs. 

(3) COMPTROLLER GENERAL REVIEW.— (A) IN GENERAL.—Following the submission of the first 

annual report required under paragraph (1), the Comptroller General of the United States shall conduct a review 

of the staffing of the Family Advocacy Programs of the 

Armed Forces. 

(B) ELEMENTS.—The review conducted under subparagraph (A) shall include an assessment of each of the following: 

(i) The extent to which the Armed Forces have 

filled authorized billets for Family Advocacy program 

manager, clinician, and victim advocate positions. 

(ii) The extent to which the Armed Forces have 

experienced challenges filling authorized Family 

Advocacy Program positions, and how such challenges, 

if any, have affected the provision of services. 

(iii) The extent to which the Department of Defense 

and Armed Forces have ensured that Family Advocacy 

Program clinicians and victim advocates meet qualification and training requirements. 

(iv) The extent to which the Department of Defense 

has established metrics to evaluate the effectiveness 

of the staffing tool described in paragraph (2). 

(C) BRIEFING AND REPORT.— 

(i) BRIEFING.—Not later than one year following 

the submission of the first annual report required 

under paragraph (1), the Comptroller General shall 

provide to the Committees on Armed Services of the 

Senate and the House of Representatives a briefing 

on the preliminary observations made by the Comptroller General as part of the review required under 

subparagraph (A). 

(ii) REPORT.—Not later than 90 days after the 

date of the briefing under clause (i), the Comptroller 

General shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report on the results of the review conducted 

under subparagraph (A). 

(f) STUDY AND BRIEFING ON INITIAL ENTRY POINTS.— 

(1) STUDY.—The Secretary of Defense shall conduct a study 

to identify initial entry points (including anonymous entry 

points) through which military family members may seek 

information or support relating to domestic abuse or child abuse 

and neglect. Such study shall include an assessment of— 

(A) points at which military families interact with the 

Armed Forces or the Department of Defense through which 

such information or support may be provided to family 

members, including points such as enrollment in the 

Defense Enrollment Eligibility Reporting System, and the 

issuance of identification cards; and 

Assessments. 

Deadline. 

Assessments. 

Recommendations. 


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(B) other existing and potential routes through which 

such family members may seek information or support 

from the Armed Forces or the Department, including online 

chat rooms, text-based support capabilities, and software 

applications for smartphones. 

(2) BRIEFING.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall provide 

to the Committees on Armed Services of the Senate and the 

House of Representatives a briefing setting forth the results 

of the study conducted under paragraph (1). 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the Committees on Armed Services of the Senate and the 

House of Representatives. 

(2) The term ‘‘civilian order of protection’’ has the meaning 

given that term in section 1561a of title 10, United States 

Code. 

(3) The term ‘‘disposition model for domestic violence’’ 

means the process to determine— 

(A) the disposition of charges of an offense of domestic 

violence under section 928b of title 10, United States Code 

(article 128b of the Uniform Code of Military Justice); 

and 

(B) consequences of such disposition for members of 

the Armed Forces determined to have committed such 

offense and the victims of such offense. 

(4) The term ‘‘Incident Determination Committee’’ means 

a committee established at a military installation that is 

responsible for reviewing reported incidents of domestic abuse 

and determining whether such incidents constitute harm to 

the victims of such abuse according to the applicable criteria 

of the Department of Defense. 

(5) The term ‘‘qualified civilian victim service organization’’ 

means an organization outside the Department of Defense 

that— 

(A) is approved by the Secretary of Defense for the 

purpose of providing legal or other services to victims of 

domestic abuse; and 

(B) is located in a community surrounding a military 

installation. 

(6) The term ‘‘risk assessment tool’’ means a process or 

technology that may be used to evaluate a report of an incident 

of domestic abuse to determine the likelihood that the abuse 

will escalate or recur. 

SEC. 549A. ANNUAL PRIMARY PREVENTION RESEARCH AGENDA. 

(a) IN GENERAL.—Beginning on October 1, 2022, and annually 

on the first day of each fiscal year thereafter, the Secretary of 

Defense shall publish a Department of Defense research agenda 

for that fiscal year, focused on the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual 

harassment, domestic violence, child abuse and maltreatment, 

problematic juvenile sexual behavior, suicide, workplace violence, 

and substance misuse. 

(b) ELEMENTS.—Each annual primary prevention research 

agenda published under subsection (a) shall— 

(1) identify research priorities for that fiscal year; 

Effective date. 

Time period. 

Publication. 

10 USC 1561 

note prec. 

10 USC 1781 

note. 

Deadline. 


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(2) assign research projects and tasks to the military 

departments and other components of the Department of 

Defense, as the Secretary of Defense determines appropriate; 

(3) allocate or direct the allocation of appropriate resourcing 

for each such project and task; and 

(4) be directive in nature and enforceable across all components of the Department of Defense, including with regard 

to— 

(A) providing for timely access to records, data and 

information maintained by any component of the Department of Defense that may be required in furtherance of 

an assigned research project or task; 

(B) ensuring the sharing across all components of the 

Department of Defense of the findings and the outcomes 

of any research project or task; and 

(C) any other matter determined by the Secretary of 

Defense. 

(c) GUIDING PRINCIPLES.—The primary prevention research 

agenda should, as determined by the Secretary of Defense— 

(1) reflect a preference for research projects and tasks 

with the potential to yield or contribute to the development 

and implementation of actionable primary prevention strategies 

in the Department of Defense; 

(2) be integrated, so as to discover or test cross-cutting 

interventions across the spectrum of interpersonal and selfdirected violence; 

(3) incorporate collaboration with other Federal departments and agencies, State governments, academia, industry, 

federally funded research and development centers, non-profit 

organizations, and other organizations outside of the Department of Defense; and 

(4) minimize unnecessary duplication of effort. 

(d) BUDGETING.—The Secretary of Defense shall create a unique 

Program Element for and shall prioritize recurring funding to 

ensure the continuity of research pursuant to the annual primary 

prevention research agenda. 

SEC. 549B. PRIMARY PREVENTION WORKFORCE. 

(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

a Primary Prevention Workforce to provide a comprehensive and 

integrated program across the Department of Defense enterprise 

for the primary prevention of interpersonal and self-directed 

violence, including sexual assault, sexual harassment, domestic 

violence, child abuse and maltreatment, problematic juvenile sexual 

behavior, suicide, workplace violence, and substance misuse. 

(b) PRIMARY PREVENTION WORKFORCE MODEL.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report setting forth a holistic model for a dedicated and capable Primary Prevention Workforce in the Department of Defense. 

(2) ELEMENTS.—The model required under paragraph (1) 

shall include the following elements: 

(A) A description of Primary Prevention Workforce 

roles, responsibilities, and capabilities, including— 

Reports. 

10 USC 501 note 

prec. 

Determination. 

Records. 

Data. 

Determination. 


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(i) the conduct of research and analysis; 

(ii) advising all levels of military commanders and 

leaders; 

(iii) designing and writing strategic and operational primary prevention policies and programs; 

(iv) integrating and analyzing data; and 

(v) implementing, evaluating, and adapting primary prevention programs and activities, to include 

developing evidence-based training and education programs for Department personnel that is appropriately 

tailored by rank, occupation, and environment. 

(B) The design and structure of the Primary Prevention 

Workforce, including— 

(i) consideration of military, civilian, and hybrid 

manpower options; 

(ii) the comprehensive integration of the workforce 

from strategic to tactical levels of the Department of 

Defense and its components; and 

(iii) mechanisms for individuals in workforce roles 

to report to and align with installation-level and headquarters personnel. 

(C) Strategies, plans, and systematic approaches for 

recruiting, credentialing, promoting, and sustaining the 

diversity of work force roles comprising a professional 

workforce dedicated to primary prevention. 

(D) The creation of a professional, primary prevention 

credential that standardizes a common base of education 

and experience across the prevention workforce, coupled 

with knowledge development and skill building requirements built into the career cycle of prevention practitioners 

such that competencies and expertise increase over time. 

(E) Any other matter the Secretary of Defense determines necessary and appropriate to presenting an accurate 

and complete model of the Primary Prevention Workforce. 

(c) REPORTS.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretaries of the military 

departments and the Chief of the National Guard Bureau each 

shall submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report detailing how the military services and 

the National Guard, as applicable, will adapt and implement 

the primary prevention workforce model set forth in the report 

required under subsection (b). 

(2) ELEMENTS.—Each report submitted under subsection 

(a) shall include a description of— 

(A) expected milestones to implement the prevention 

workforce in the component at issue; 

(B) challenges associated with implementation of the 

workforce and the strategies for addressing such challenges; and 

(C) additional authorities that may be required to optimize implementation and operation of the workforce. 

(d) OPERATING CAPABILITY DEADLINE.—The Primary Prevention 

Workforce authorized under this section shall attain initial operating capability in each military department and military service 

Determination. 

Strategies. 

Plans. 


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135 STAT. 1724 PUBLIC LAW 117–81—DEC. 27, 2021 

and in the National Guard by not later than the effective date 

specified in section 539C. 

SEC. 549C. REFORM AND IMPROVEMENT OF MILITARY CRIMINAL 

INVESTIGATIVE ORGANIZATIONS. 

(a) EVALUATION AND PLAN FOR REFORM.—Not later than one 

year after the date of the enactment of this Act, each Secretary 

concerned shall— 

(1) complete an evaluation of the effectiveness of the military criminal investigative organization under the jurisdiction 

of such Secretary: and 

(2) submit to the appropriate congressional committees a 

report that includes— 

(A) the results of the evaluation conducted under paragraph (1); and 

(B) based on such results, if the Secretary determines 

that reform to the military criminal investigative organization under the jurisdiction of such Secretary is advisable, 

a proposal for reforming such organization to ensure that 

the organization effectively meets the demand for complex 

investigations and other emerging mission requirements. 

(b) IMPLEMENTATION PLAN.— 

(1) IN GENERAL.—Not later than two years after the date 

of the enactment of this Act, each Secretary concerned shall 

submit to the appropriate congressional committees a plan 

to implement, to the extent determined appropriate by such 

Secretary, the reforms to the military criminal investigative 

organization proposed by such Secretary under subsection (a) 

to ensure that such organization is capable of professionally 

investigating criminal misconduct under its jurisdiction. 

(2) ELEMENTS.—Each plan under paragraph (1) shall 

include, with respect to the military criminal investigative 

organization under the jurisdiction of the Secretary concerned, 

the following: 

(A) The requirements that such military criminal investigative organization must meet to effectively carry out 

criminal investigative and other law enforcement missions 

in 2022 and subsequent years. 

(B) The resources that will be needed to ensure that 

each such military criminal investigative organization can 

achieve its mission. 

(C) An analysis of factors affecting the performance 

of such military criminal investigate organization, 

including— 

(i) whether appropriate technological investigative 

tools are available and accessible to such organization; 

and 

(ii) whether the functions of such organization 

would be better supported by civilian rather than military leadership. 

(D) For each such military criminal investigative 

organization— 

(i) the number of military personnel assigned to 

the organization; 

(ii) the number of civilian personnel assigned to 

the organization; and 

Analysis. 

Requirements. 

Deadline. 

Determination. 

Determination. 

Proposal. 

Reports. 

Deadline. 


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(iii) the functions of such military and civilian 

personnel. 

(E) A description of any plans of the Secretary concerned to develop a more professional workforce of military 

and civilian investigators. 

(F) A proposed timeline for the reform of such military 

investigative organization. 

(G) An explanation of the potential benefits of such 

reforms, including a description of— 

(i) specific improvements that are expected to 

result from the reforms; and 

(ii) whether the reforms will improve information 

sharing across military criminal investigative organizations. 

(H) With respect to the military criminal investigative 

organization of the Army, an explanation of how the plan 

will— 

(i) address the findings of the report of the Fort 

Hood Independent Review Committee, dated November 

6, 2020; and 

(ii) coordinate with any other internal reform 

efforts of the Army. 

(c) LIMITATION ON THE CHANGES TO TRAINING LOCATIONS.— 

In carrying out this section, the Secretary concerned may not change 

the locations at which military criminal investigative training is 

provided to members of the military criminal investigative organization under the jurisdiction of such Secretary until— 

(1) the implementation plan under subsection (b) is submitted to the appropriate congressional committees; and 

(2) a period of 60 days has elapsed following the date 

on which the Secretary notifies the appropriate congressional 

committees of the Secretary’s intent to move such training 

to a different location. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the 

Senate; and 

(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House 

of Representatives. 

(2) The term ‘‘military criminal investigative organization’’ 

means each organization or element of the Department of 

Defense or the Armed Forces that is responsible for conducting 

criminal investigations, including— 

(A) the Army Criminal Investigation Command; 

(B) the Naval Criminal Investigative Service; 

(C) the Air Force Office of Special Investigations; 

(D) the Coast Guard Investigative Service; and 

(E) the Defense Criminal Investigative Service. 

(3) The term ‘‘Secretary concerned’’ means— 

(A) the Secretary of the Army, with respect to the 

Army Criminal Investigation Command; 

(B) the Secretary of the Navy, with respect to the 

Naval Criminal Investigative Service; 

Time period. 

Notification. 

Timeline. 

Plans. 


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135 STAT. 1726 PUBLIC LAW 117–81—DEC. 27, 2021 

(C) the Secretary of the Air Force, with respect to 

the Air Force Office of Special Investigations; 

(D) the Secretary of Homeland Security, with respect 

to the Coast Guard Investigative Service; and 

(E) the Secretary of Defense, with respect to the 

Defense Criminal Investigative Service. 

SEC. 549D. MILITARY DEFENSE COUNSEL. 

Each Secretary of a military department shall— 

(1) ensure that military defense counsel have timely and 

reliable access to and funding for defense investigators, expert 

witnesses, trial support, pre-trial and post-trial support, paralegal support, counsel travel, and other necessary resources; 

(2) ensure that military defense counsel detailed to represent a member of the Armed Forces accused of a covered 

offense (as defined in section 801(17) of title 10, United States 

Code (article 1(17) of the Uniform Code of Military Justice), 

as added by section 533 of this Act) are well-trained and experienced, highly skilled, and competent in the defense of cases 

involving covered offenses; and 

(3) take or direct such other actions regarding military 

defense counsel as may be warranted in the interest of the 

fair administration of justice. 

SEC. 549E. FULL FUNCTIONALITY OF MILITARY JUSTICE REVIEW 

PANEL. 

Not later than 30 days after the date of the enactment of 

this Act, the Secretary of Defense shall establish or reconstitute, 

maintain, and ensure the full functionality of the Military Justice 

Review Panel established pursuant to section 946 of title 10, United 

States Code (article 146 of the Uniform Code of Military Justice)). 

SEC. 549F. MILITARY SERVICE INDEPENDENT RACIAL DISPARITY 

REVIEW. 

(a) REVIEW REQUIRED.—Each Secretary of a military department shall conduct an assessment of racial disparity in military 

justice and discipline processes and military personnel policies, 

as they pertain to minority populations. 

(b) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives and the Comptroller General of the United States a report detailing the results of the 

assessment required by subsection (a), together with recommendations for statutory or regulatory changes as the Secretary concerned 

determines appropriate. 

(c) COMPTROLLER GENERAL REPORT.—Not later than 180 days 

after receiving the reports submitted under subsection (b), the 

Comptroller General shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

comparing the military service assessments on racial disparity conducted under subsection (a) to existing reports assessing racial 

disparity in civilian criminal justice systems in the United States. 

(d) DEFINITIONS.—In this section: 

(1) MILITARY JUSTICE; DISCIPLINE PROCESSES.—The terms 

‘‘military justice’’ and ‘‘discipline processes’’ refer to all facets 

of the military justice system, including investigation, the use 

Recommendations. 

Determination. 

Assessment. 

Deadline. 

10 USC 946 note. 

10 USC 827 note. 


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of administrative separations and other administrative sanctions, non-judicial punishment, panel selection, pre-trial 

confinement, the use of solitary confinement, dispositions of 

courts-martial, sentencing, and post-trial processes. 

(2) MILITARY PERSONNEL POLICIES.—The term ‘‘military personnel policies’’ includes accession rates and policies, retention 

rates and policies, promotion rates, assignments, professional 

military education selection and policies, and career opportunity 

for minority members of the Armed Forces. 

(3) MINORITY POPULATIONS.—The term ‘‘minority populations’’ includes Black, Hispanic, Asian/Pacific Islander, American Indian, and Alaska Native populations. 

SEC. 549G. INCLUSION OF RACE AND ETHNICITY IN ANNUAL REPORTS 

ON SEXUAL ASSAULTS; REPORTING ON RACIAL AND 

ETHNIC DEMOGRAPHICS IN THE MILITARY JUSTICE 

SYSTEM. 

(a) ANNUAL REPORTS ON RACIAL AND ETHNIC DEMOGRAPHICS

IN THE MILITARY JUSTICE SYSTEM.— 

(1) IN GENERAL.—Chapter 23 of title 10, United States 

Code, is amended by inserting after section 485 the following 

new section: 

‘‘§ 486. Annual reports on racial and ethnic demographics 

in the military justice system 

‘‘(a) IN GENERAL.—Not later than March 1 of each year, the 

Secretary of each military department shall submit to the Secretary 

of Defense a report on racial, ethnic, and sex demographics in 

the military justice system during the preceding year. In the case 

of the Secretary of the Navy, separate reports shall be prepared 

for the Navy and for the Marine Corps. In the case of the Secretary 

of the Air Force, separate reports shall be prepared for the Air 

Force and for the Space Force. 

‘‘(b) CONTENTS.—The report of a Secretary of a military department for an armed force under subsection (a) shall contain, to 

the extent possible, statistics on offenses under chapter 47 of this 

title (the Uniform Code of Military Justice), during the year covered 

by the report, including— 

‘‘(1) the number of offenses in the armed force that were 

reported to military officials, disaggregated by— 

‘‘(A) statistical category as related to the victim; and 

‘‘(B) statistical category as related to the principal; 

‘‘(2) the number of offenses in the armed forces that were 

investigated, disaggregated by statistical category as related 

to the principal; 

‘‘(3) the number of offenses in which administrative action 

was imposed, disaggregated by statistical category as related 

to the principal and each type of administrative action imposed; 

‘‘(4) the number of offenses in which non judicial punishment was imposed under section 815 of this title (article 15 

of the Uniform Code of Military Justice), disaggregated by 

statistical category as related to the principal; 

‘‘(5) the number of offenses in which charges were preferred, 

disaggregated by statistical category as related to the principal; 

‘‘(6) the number of offenses in which charges were referred 

to court-martial, disaggregated by statistical category as related 

to the principal and type of court-martial; 

10 USC 486. 


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‘‘(7) the number of offenses which resulted in conviction 

at court-martial, disaggregated by statistical category as related 

to the principal and type of court-martial; and 

‘‘(8) the number of offenses which resulted in acquittal 

at court-martial, disaggregated by statistical category as related 

to the principal and type of court-martial. 

‘‘(c) SUBMISSION TO CONGRESS.—Not later than April 30 of 

each year in which the Secretary of Defense receives reports under 

subsection (a), the Secretary of Defense shall forward the reports 

to the Committees on Armed Services of the Senate and the House 

of Representatives. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘statistical category’ means each of the following categories: 

‘‘(A) race; 

‘‘(B) sex; 

‘‘(C) ethnicity; 

‘‘(D) rank; and 

‘‘(E) offense enumerated under chapter 47 of this title 

(the Uniform Code of Military Justice). 

‘‘(2) The term ‘principal’ has the meaning given that term 

in section 877 of this title (article 77 of the Uniform Code 

of Military Justice).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 23 of such title is amended by inserting 

after the item relating to section 485 the following new item: 

‘‘486. Annual reports on racial and ethnic demographics in the military justice system.’’. 

(b) POLICY REQUIRED.— 

(1) REQUIREMENT.—Not later than two years after the date 

of the enactment of this Act, the Secretary of Defense shall 

prescribe a policy requiring information on the race and ethnicity of accused individuals to be included to the maximum 

extent practicable in the annual report required under section 

1631 of the Ike Skelton National Defense Authorization Act 

for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 

note). 

(2) EXCLUSION.—The policy prescribed under paragraph 

(1) may provide for the exclusion of such information based 

on privacy concerns, impacts on accountability efforts, or other 

matters of importance as determined and identified in such 

policy by the Secretary. 

(3) PUBLICLY AVAILABLE.—The Secretary of Defense shall 

make publicly available the information described in paragraph 

(1), subject to the exclusion of such information pursuant to 

paragraph (2). 

(4) SUNSET.—The requirements of this subsection shall 

terminate on May 1, 2028. 

SEC. 549H. DOD SAFE HELPLINE AUTHORIZATION TO PERFORM 

INTAKE OF OFFICIAL RESTRICTED AND UNRESTRICTED 

REPORTS FOR ELIGIBLE ADULT SEXUAL ASSAULT VICTIMS. 

Section 584 of the National Defense Authorization Act for Fiscal 

Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note) is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

Determination. 

Deadline. 

10 USC 1561 

note. 

10 USC 480 prec. 


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(2) by inserting after subsection (c) the following new subsection: 

‘‘(d) AUTHORIZATIONS FOR DOD SAFE HELPLINE.— 

‘‘(1) PROVIDING SUPPORT AND RECEIVING OFFICIAL

REPORTS.—DoD Safe Helpline (or any successor service to DoD 

Safe Helpline, if any, as identified by the Secretary of Defense) 

is authorized to provide crisis intervention and support and 

to perform the intake of official reports of sexual assault from 

eligible adult sexual assault victims who contact the DoD Safe 

Helpline or other reports as directed by the Secretary of 

Defense. 

‘‘(2) TRAINING AND OVERSIGHT.—DoD Safe Helpline staff 

shall have specialized training and appropriate certification 

to support eligible adult sexual assault victims. 

‘‘(3) ELIGIBILITY AND PROCEDURES.—The Secretary of 

Defense shall prescribe regulations regarding eligibility for DoD 

Safe Helpline services, procedures for providing crisis intervention and support, and accepting reports. 

‘‘(4) ELECTRONIC RECEIPT OF OFFICIAL REPORTS OF ADULT

SEXUAL ASSAULTS.—DoD Safe Helpline shall provide the ability 

to receive reports of adult sexual assaults through the DoD 

Safe Helpline website and mobile phone applications, in a 

secure manner consistent with appropriate protection of victim 

privacy, and may offer other methods of receiving electronic 

submission of adult sexual assault reports, as appropriate, in 

a manner that appropriately protects victim privacy. 

‘‘(5) TYPES OF REPORTS.—Reports of sexual assault from 

eligible adult sexual assault victims received by DoD Safe 

Helpline (or a successor as determined by the Secretary of 

Defense) shall include unrestricted and restricted reports, or 

other reports as directed by the Secretary of Defense. 

‘‘(6) OPTION FOR ENTRY INTO THE CATCH A SERIAL OFFENDER

SYSTEM.—An individual making a restricted report (or a relevant successor type of report or other type of appropriate 

report, as determined by the Secretary of Defense) to the DoD 

Safe Helpline (or a successor as determined by the Secretary 

of Defense) shall have the option to submit information related 

to their report to the Catch a Serial Offender system (or its 

successor or similar system as determined by the Secretary 

of Defense).’’. 

SEC. 549I. EXTENSION OF ANNUAL REPORT REGARDING SEXUAL 

ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES. 

Section 1631(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 

1561 note) is amended by striking ‘‘through March 1, 2021’’ and 

inserting ‘‘through March 1, 2026’’. 

SEC. 549J. STUDY AND REPORT ON SEXUAL ASSAULT RESPONSE 

COORDINATOR MILITARY OCCUPATIONAL SPECIALTY. 

(a) STUDY.—Beginning not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall initiate 

a personnel study to determine— 

(1) the feasibility and advisability of creating a military 

occupational speciality for Sexual Assault Response Coordinators; and 

Deadline. 

Determination. 

Regulations. 


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135 STAT. 1730 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) if determined to be feasible and advisable, the optimal 

approach to establishing and maintaining such a military 

occupational speciality. 

(b) REPORT AND BRIEFING.— 

(1) REPORT.—Not later than 180 days after the date of 

the enactment of this Act the Secretary of Defense shall submit 

to the congressional defense committees a report on the results 

of the study conducted under subsection (a). 

(2) BRIEFING.—Not later than 30 days after the date on 

which the report is submitted under paragraph (1), the Secretary of Defense shall provide to the congressional defense 

committees a briefing on the results of the study conducted 

under subsection (a). 

(c) ELEMENTS.—The report and briefing under subsection (b) 

shall include the following: 

(1) The determination of the Secretary of Defense as to 

whether creating a military occupational speciality for Sexual 

Assault Response Coordinators is feasible and advisable. 

(2) If the Secretary determines that the creation of such 

a specialty is feasible and advisable— 

(A) a recommendation on the rank and level of experience required for a military occupational speciality for 

Sexual Assault Response Coordinators; 

(B) recommendations for strengthening recruitment 

and retention of members of the Armed Forces of the 

required rank and experience identified under subparagraph (A), including recommendations with respect to— 

(i) designating Sexual Assault Response Coordinators as a secondary military occupational speciality 

instead of a primary military occupational speciality; 

(ii) providing initial or recurrent bonuses or duty 

stations of choice to members who qualify for the military occupational speciality for Sexual Assault 

Response Coordinators; 

(iii) limiting the amount of time that a member 

who has qualified for such military occupational speciality can serve as a Sexual Assault Response Coordinator in a given period; or 

(iv) requiring evaluations, completed by an officer 

in the rank of O–6 or higher, for members who have 

qualified for such military occupational speciality and 

are serving as a Sexual Assault Response Coordinator; 

(C) recommendations for standardizing training and 

education for members of the Armed Forces seeking a 

military occupational speciality for Sexual Assault 

Response Coordinators or those serving as a Sexual Assault 

Response Coordinator, including by establishing dedicated 

educational programs for such members within each Armed 

Force; 

(D) an analysis of the impact of a military occupational 

speciality for Sexual Assault Response Coordinators on the 

personnel management of the existing Sexual Assault 

Response Coordinator program, including recruitment and 

retention; 

(E) an analysis of the requirements for a Sexual 

Assault Response Coordinator-specific chain of command; 

Recommendations. 

Recommendations. 

Recommendations. 

Determination. 

Analyses. 

Determination. 

Deadline. 


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(F) analysis of the costs of establishing and 

maintaining a military occupational speciality for Sexual 

Assault Response Coordinators; 

(G) analysis of the potential impacts of a military 

occupational specialty for Sexual Assault Response 

Coordinators on the mental health of personnel within 

the specialty; and 

(H) any other matters the Secretary of Defense determines relevant for inclusion. 

SEC. 549K. AMENDMENTS TO ADDITIONAL DEPUTY INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE. 

Section 554(a) of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended— 

(1) in the section heading, by striking ‘‘DEPUTY’’ and 

inserting ‘‘ASSISTANT’’; 

(2) in paragraph (1)— 

(A) in the matter preceding subparagraph (A)— 

(i) by striking ‘‘Secretary of Defense’’ and inserting 

‘‘Inspector General of the Department of Defense’’; and 

(ii) by striking ‘‘Deputy’’ and inserting ‘‘Assistant’’; 

(B) in subparagraph (A), by striking ‘‘of the Department’’; and 

(C) in subparagraph (B), by striking ‘‘report directly 

to and serve’’ and inserting ‘‘be’’; 

(3) in paragraph (2)— 

(A) in the matter preceding clause (i) of subparagraph 

(A)— 

(i) by striking ‘‘Conducting and supervising’’ and 

inserting ‘‘Developing and carrying out a plan for the 

conduct of comprehensive oversight, including through 

the conduct and supervision of’’; and 

(ii) by striking ‘‘evaluations’’ and inserting ‘‘inspections,’’; 

(B) in clause (ii) of subparagraph (A), by striking ‘‘, 

including the duties of the Inspector General under subsection (b)’’; and 

(C) in subparagraph (B), by striking ‘‘Secretary or’’; 

(4) in paragraph (3)(A) in the matter preceding subparagraph (A), by striking ‘‘Deputy’’ and inserting ‘‘Assistant’’; 

(5) in paragraph (4)— 

(A) in subparagraph (A), by striking ‘‘Deputy’’ each 

place it appears and inserting ‘‘Assistant’’; 

(B) in subparagraph (B)— 

(i) by striking ‘‘Deputy’’ the first place it appears; 

(ii) by striking ‘‘and the Inspector General’’; 

(iii) by striking ‘‘Deputy’’ the second place it 

appears and inserting ‘‘Assistant’’; and 

(iv) by inserting before the period at the end the 

following: ‘‘, for inclusion in the next semiannual report 

of the Inspector General under section 5 of the 

Inspector General Act of 1978 (5 U.S.C. App.).’’; 

(C) in subparagraph (C)— 

(i) by striking ‘‘Deputy’’; and 

(ii) by striking ‘‘and Inspector General’’; 

(D) in subparagraph (D)— 

10 USC 141 note. 

Determination. 


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135 STAT. 1732 PUBLIC LAW 117–81—DEC. 27, 2021 

(i) by striking ‘‘Deputy’’; 

(ii) by striking ‘‘and the Inspector General’’; 

(iii) by striking ‘‘Secretary or’’; and 

(iv) by striking ‘‘direct’’ and inserting ‘‘determine’’; 

and 

(E) in subparagraph (E)— 

(i) by striking ‘‘Deputy’’; and 

(ii) by striking ‘‘of the Department’’ and all that 

follows through ‘‘Representatives’’ and inserting ‘‘consistent with the requirements of the Inspector General 

Act of 1978 (5 U.S.C. App.).’’. 

SEC. 549L. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF, 

AND RESPONSE TO, BULLYING IN THE ARMED FORCES. 

Section 549 of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is amended— 

(1) in the section heading, by inserting ‘‘AND BULLYING’’ 

after ‘‘HAZING’’; 

(2) in subsection (a)— 

(A) in the heading, by inserting ‘‘and anti-bullying’’ 

after ‘‘Anti-hazing’’; and 

(B) by inserting ‘‘or bullying’’ after ‘‘hazing’’ both places 

it appears; 

(3) in subsection (b), by inserting ‘‘and bullying’’ after 

‘‘hazing’’; and 

(4) in subsection (c)— 

(A) in the heading, by inserting ‘‘and bullying’’ after 

‘‘hazing’’; 

(B) in paragraph (1)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘January 31 of each year 

through January 31, 2021’’ and inserting ‘‘May 

31, 2023, and annually thereafter for five years,’’; 

and 

(II) by striking ‘‘each Secretary of a military 

department, in consultation with the Chief of Staff 

of each Armed Force under the jurisdiction of such 

Secretary,’’ and inserting ‘‘the Secretary of 

Defense’’; 

(ii) in subparagraph (A), by inserting ‘‘or bullying’’ 

after ‘‘hazing’’; and 

(iii) in subparagraph (C), by inserting ‘‘and antibullying’’ after ‘‘anti-hazing’’; and 

(C) in amending paragraph (2) to read as follows: 

‘‘(2) ADDITIONAL ELEMENTS.—Each report required by this 

subsection shall include the following: 

‘‘(A) A description of comprehensive data-collection systems of each Armed Force described in subsection (b) and 

the Office of the Secretary of Defense for collecting hazing 

or bullying reports involving a member of the Armed 

Forces. 

‘‘(B) A description of processes of each Armed Force 

described in subsection (b) to identify, document, and report 

alleged instances of hazing or bullying. Such description 

shall include the methodology each such Armed Force uses 

to categorize and count potential instances of hazing or 

bullying. 


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‘‘(C) An assessment by each Secretary of a military 

department of the quality and need for training on recognizing and preventing hazing and bullying provided to 

members under the jurisdiction of such Secretary. 

‘‘(D) An assessment by the Office of the Secretary 

of Defense of— 

‘‘(i) the effectiveness of each Armed Force described 

in subsection (b) in tracking and reporting instances 

of hazing or bullying; 

‘‘(ii) whether the performance of each such Armed 

Force was satisfactory or unsatisfactory in the preceding fiscal year. 

‘‘(E) Recommendations of the Secretary to improve— 

‘‘(i) elements described in subparagraphs (A) 

through (D). 

‘‘(ii) the Uniform Code of Military Justice or the 

Manual for Courts-Martial to improve the prosecution 

of persons alleged to have committed hazing or bullying 

in the Armed Forces. 

‘‘(F) The status of efforts of the Secretary to evaluate 

the prevalence of hazing and bullying in the Armed Forces. 

‘‘(G) Data on allegations of hazing and bullying in 

the Armed Forces, including final disposition of investigations. 

‘‘(H) Plans of the Secretary to improve hazing and 

bullying prevention and response during the next reporting 

year.’’. 

SEC. 549M. RECOMMENDATIONS ON SEPARATE PUNITIVE ARTICLE IN 

THE UNIFORM CODE OF MILITARY JUSTICE ON VIOLENT 

EXTREMISM. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report containing such recommendations as the Secretary considers appropriate with respect to the establishment of a separate 

punitive article in chapter 47 of title 10, United States Code (the 

Uniform Code of Military Justice), on violent extremism. 

SEC. 549N. COMBATING FOREIGN MALIGN INFLUENCE. 

Section 589E of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended— 

(1) by striking subsections (d) and (e); and 

(2) by inserting after subsection (c) the following new subsections: 

‘‘(d) ESTABLISHMENT OF WORKING GROUP.—(1) Not later than 

one year after the date of the enactment of this subsection, the 

Secretary of Defense shall establish a working group to assist 

the official designated under subsection (b), as follows: 

‘‘(A) In the identification of mediums used by covered foreign countries to identify, access, and endeavor to influence 

servicemembers and Department of Defense civilian employees 

through foreign malign influence campaigns and the themes 

conveyed through such mediums. 

Deadline. 

10 USC 2001 

note prec. 

Reports. 

Plans. 

Data. 

Recommendations. 

Assessment. 

Assessment. 


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135 STAT. 1734 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(B) In coordinating and integrating the training program 

under this subsection in order to enhance and strengthen servicemember and Department of Defense civilian employee awareness of and defenses against foreign malign influence, including 

by bolstering information literacy. 

‘‘(C) In such other tasks deemed appropriate by the Secretary of Defense or the official designated under subsection 

(b). 

‘‘(2) The official designed under subsection (b) and the working 

group established under this subsection shall consult with the Foreign Malign Influence Response Center established pursuant to 

section 3059 of title 50, United States Code. 

‘‘(e) REPORT REQUIRED.—Not later than 18 months after the 

establishment of the working group, the Secretary shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the results of the working group, 

its activities, the effectiveness of the counter foreign malign influence activities carried out under this section, the metrics applied 

to determined effectiveness, and the actual costs associated with 

actions undertaken pursuant to this section. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) FOREIGN MALIGN INFLUENCE.—The term ‘foreign 

malign influence’ has the meaning given that term in section 

119C of the National Security Act of 1947 (50 U.S.C. 3059). 

‘‘(2) COVERED FOREIGN COUNTRY.—The term ‘covered foreign country’ has the meaning given that term in section 119C 

of the National Security Act of 1947 (50 U.S.C. 3059) 

‘‘(3) INFORMATION LITERACY.—The term ‘information literacy’ means the set of skills needed to find, retrieve, understand, evaluate, analyze, and effectively use information (which 

encompasses spoken and broadcast words and videos, printed 

materials, and digital content, data, and images).’’. 

Subtitle F—Member Education, Training, 

and Transition 

SEC. 551. TROOPS-TO-TEACHERS PROGRAM. 

(a) REQUIREMENT TO CARRY OUT PROGRAM.—Section 1154(b) 

of title 10, United States Code, is amended by striking ‘‘may’’ 

and inserting ‘‘shall’’. 

(b) REPORTING REQUIREMENT.—Section 1154 of title 10, United 

States Code, is amended— 

(1) by redesignating subsection (i) as subsection (j); and 

(2) by inserting after subsection (h) the following new subsection: 

‘‘(i) ANNUAL REPORT.—(1) Not later than December 1, 2022, 

and annually thereafter, the Secretary of Defense shall submit 

to the appropriate congressional committees a report on the Program. 

‘‘(2) The report required under paragraph (1) shall include 

the following elements: 

‘‘(A) The total cost of the Program for the most recent 

fiscal year. 

‘‘(B) The total number of teachers placed during such fiscal 

year and the locations of such placements. 

Consultation. 

Coordination. 


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‘‘(C) An assessment of the STEM backgrounds of the 

teachers placed, the number of placements in high-need schools, 

and any other metric or information the Secretary considers 

appropriate to illustrate the cost and benefits of the program 

to members of the armed forces, veterans, and local educational 

agencies. 

‘‘(3) In this subsection, the term ‘appropriate congressional 

committees’ means— 

‘‘(A) the Committee on Armed Services and the Committee 

on Help, Education, Labor, and Pensions of the Senate; and 

‘‘(B) the Committee on Armed Services and the Committee 

on Education and Labor of the House of Representatives.’’. 

(c) SUNSET.—Section 1154 of title 10, United States Code, as 

amended by subsection (b), is further amended by adding at the 

end the following new subsection: 

‘‘(k) SUNSET.—The Program shall terminate on July 1, 2025, 

with respect to the selection of new participants for the program. 

Participants in the Program as of that date may complete their 

program, and remain eligible for benefits under this section.’’. 

SEC. 552. CODIFICATION OF HUMAN RELATIONS TRAINING FOR CERTAIN MEMBERS OF THE ARMED FORCES. 

(a) IN GENERAL.—Chapter 101 of title 10, United States Code, 

is amended by inserting before section 2002 the following new 

section: 

‘‘§ 2001. Human relations training 

‘‘(a) HUMAN RELATIONS TRAINING.—(1)(A) The Secretary of 

Defense shall ensure that the Secretary of each military department 

conducts ongoing programs for human relations training for all 

members of the armed forces under the jurisdiction of the Secretary. 

‘‘(B) Matters covered by such training include race relations, 

equal opportunity, opposition to gender discrimination, and sensitivity to hate group activity. 

‘‘(C) Such training shall be provided during basic training (or 

other initial military training) and on a regular basis thereafter. 

‘‘(2) The Secretary of Defense shall ensure that a unit commander is aware of the responsibility to ensure that impermissible 

activity, based upon discriminatory motives, does not occur in a 

unit under the command of such commander. 

‘‘(b) INFORMATION PROVIDED TO PROSPECTIVE RECRUITS.—The 

Secretary of Defense shall ensure that— 

‘‘(1) each individual preparing to enter an officer accession 

program or to execute an original enlistment agreement is 

provided information concerning the meaning of the oath of 

office or oath of enlistment for service in the armed forces 

in terms of the equal protection and civil liberties guarantees 

of the Constitution; and 

‘‘(2) each such individual is informed that if supporting 

such guarantees is not possible personally for that individual, 

then that individual should decline to enter the armed forces.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) TECHNICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting before the 

item relating to section 2002 the following new item: 

‘‘2001. Human relations training.’’. 

10 USC 2001 

prec. 

10 USC 2001. 

Definition. 

Assessment. 


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135 STAT. 1736 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) CONFORMING AMENDMENT.—Section 571 of the National 

Defense Authorization Act for Fiscal Year 1997 (Public Law 

104–201; 10 U.S.C. 113 note) is repealed. 

(c) BRIEFING.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall brief the 

Committees on Armed Services of the Senate and House of Representatives regarding— 

(1) implementation of section 2001 of such title, as added 

by subsection (a); and 

(2) legislation the Secretary determines necessary to complete such implementation. 

SEC. 553. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE 

MILITARY SERVICE ACADEMIES IN THE EVENT OF THE 

DEATH, RESIGNATION, OR EXPULSION FROM OFFICE OF 

A MEMBER OF CONGRESS. 

(a) UNITED STATES MILITARY ACADEMY.— 

(1) IN GENERAL.—Chapter 753 of title 10, United States 

Code, is amended by inserting after section 7442 the following 

new section: 

‘‘§ 7442a. Cadets: nomination in event of death, resignation, 

or expulsion from office of Member of Congress 

otherwise authorized to nominate 

‘‘(a) SENATORS.—In the event a Senator does not submit all 

nominations for cadets allocated to such Senator for an academic 

year in accordance with section 7442(a)(3) of this title, due to 

death, resignation from office, or expulsion from office, and the 

date of the swearing-in of the Senator’s successor as Senator occurs 

after the date of the deadline for submittal of nominations for 

cadets for the academic year, the nominations for cadets for such 

academic year, otherwise authorized to be made by the Senator 

pursuant to such section, may be made instead by the other Senator 

from the State of such Representative. 

‘‘(b) REPRESENTATIVES.—In the event a Representative does 

not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) 

of this title, due to death, resignation from office, or expulsion 

from office, and the date of the swearing-in of the Representative’s 

successor as Representative occurs after the date of the deadline 

for submittal of nominations for cadets for the academic year, 

the nominations for cadets for such academic year, otherwise 

authorized to be made by the Representative pursuant to such 

section, may be made instead by the Senators from the State 

of such Representative, with such nominations divided equally 

among such Senators and any remainder going to the senior Senator 

from the State. 

‘‘(c) RULE OF CONSTRUCTION.—The nomination of a cadet by 

a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 

of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 753 of such title is amended by inserting 

after the item relating to section 7442 the following new item: 

‘‘7442a. Cadets: nomination in event of death, resignation, or expulsion from office 

of Member of Congress otherwise authorized to nominate.’’. 

(b) UNITED STATES NAVAL ACADEMY.— 

10 USC 7431 

prec. 

10 USC 7442a. 

Determination. 

Deadline. 

Repeal. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1737 

(1) IN GENERAL.—Chapter 853 of title 10, United States 

Code, is amended by inserting after section 8454 the following 

new section: 

‘‘§ 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate 

‘‘(a) SENATORS.—In the event a Senator does not submit all 

nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due 

to death, resignation from office, or expulsion from office, and 

the date of the swearing-in of the Senator’s successor as Senator 

occurs after the date of the deadline for submittal of nominations 

for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made 

by the Senator pursuant to such section, may be made instead 

by the other Senator from the State of such Representative. 

‘‘(b) REPRESENTATIVES.—In the event a Representative does 

not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 

8454(a)(4) of this title, due to death, resignation from office, or 

expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of 

the deadline for submittal of nominations for midshipmen for the 

academic year, the nominations for midshipmen for such academic 

year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from 

the State of such Representative, with such nominations divided 

equally among such Senators and any remainder going to the 

senior Senator from the State. 

‘‘(c) RULE OF CONSTRUCTION.—The nomination of a midshipman 

by a Member of Congress pursuant to this section shall not be 

construed to permanently reallocate nominations under section 8454 

of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 853 of such title is amended by inserting 

after the item relating to section 8454 the following new item: 

‘‘8454a. Midshipmen: nomination in event of death, resignation, or expulsion from 

office of Member of Congress otherwise authorized to nominate.’’. 

(c) AIR FORCE ACADEMY.— 

(1) IN GENERAL.—Chapter 953 of title 10, United States 

Code, is amended by inserting after section 9442 the following 

new section: 

‘‘§ 9442a. Cadets: nomination in event of death, resignation, 

or expulsion from office of Member of Congress 

otherwise authorized to nominate 

‘‘(a) SENATORS.—In the event a Senator does not submit all 

nominations for cadets allocated to such Senator for an academic 

year in accordance with section 9442(a)(3) of this title, due to 

death, resignation from office, or expulsion from office, and the 

date of the swearing-in of the Senator’s successor as Senator occurs 

after the date of the deadline for submittal of nominations for 

cadets for the academic year, the nominations for cadets for such 

academic year, otherwise authorized to be made by the Senator 

pursuant to such section, may be made instead by the other Senator 

from the State of such Representative. 

10 USC 9442a. 

10 USC 8451 

prec. 

10 USC 8454a. 


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135 STAT. 1738 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(b) REPRESENTATIVES.—In the event a Representative does 

not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) 

of this title, due to death, resignation from office, or expulsion 

from office, and the date of the swearing-in of the Representative’s 

successor as Representative occurs after the date of the deadline 

for submittal of nominations for cadets for the academic year, 

the nominations for cadets for such academic year, otherwise 

authorized to be made by the Representative pursuant to such 

section, may be made instead by the Senators from the State 

of such Representative, with such nominations divided equally 

among such Senators and any remainder going to the senior Senator 

from the State. 

‘‘(c) RULE OF CONSTRUCTION.—The nomination of a cadet by 

a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 

of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 953 of such title is amended by inserting 

after the item relating to section 9442 the following new item: 

‘‘9442a. Cadets: nomination in event of death, resignation, or expulsion from office 

of Member of Congress otherwise authorized to nominate.’’. 

(d) REPORT.—Not later than September 30, 2022, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and House of Representatives a report regarding 

implementation of the amendments under this section, including— 

(1) the estimate of the Secretary regarding the frequency 

with which the authorities under such amendments will be 

used each year; and 

(2) the number of times a Member of Congress has failed 

to submit nominations to the military academies due to death, 

resignation from office, or expulsion from office. 

SEC. 554. AUTHORITY OF PRESIDENT TO APPOINT SUCCESSORS TO 

MEMBERS OF BOARD OF VISITORS OF MILITARY ACADEMIES WHOSE TERMS HAVE EXPIRED. 

(a) UNITED STATES MILITARY ACADEMY.—Section 7455(b) of title 

10, United States Code, is amended by striking ‘‘is appointed’’ 

and inserting ‘‘is appointed by the President’’. 

(b) UNITED STATES NAVAL ACADEMY.—Section 8468(b) of title 

10, United States Code, is amended by striking ‘‘is appointed’’ 

and inserting ‘‘is appointed by the President’’. 

(c) UNITED STATES AIR FORCE ACADEMY.—Section 9455(b)(1) 

of title 10, United States Code, is amended by striking ‘‘is designated’’ and inserting ‘‘is designated by the President’’. 

(d) UNITED STATES COAST GUARD ACADEMY.—Section 

1903(b)(2)(B) of title 14, United States Code, is amended by striking 

‘‘is appointed’’ and inserting ‘‘is appointed by the President’’. 

SEC. 555. MEETINGS OF THE BOARD OF VISITORS OF A MILITARY 

SERVICE ACADEMY: VOTES REQUIRED TO CALL; HELD IN 

PERSON OR REMOTELY. 

(a) UNITED STATES MILITARY ACADEMY.—Section 7455 of title 

10, United States Code, is amended by adding at the end the 

following new subsection: 

‘‘(i)(1) A majority of the members of the Board may call an 

official meeting of the Board once per year. 

Time periods. 

Estimate. 

10 USC 9431 

prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1739 

‘‘(2) A member may attend such meeting— 

‘‘(A) in person, at the Academy; or 

‘‘(B) remotely, at the election of such member.’’. 

(b) UNITED STATES NAVAL ACADEMY.—Section 8468 of title 

10, United States Code, is amended by adding at the end the 

following new subsection: 

‘‘(i)(1) A majority of the members of the Board may call an 

official meeting of the Board once per year. 

‘‘(2) A member may attend such meeting— 

‘‘(A) in person, at the Academy; or 

‘‘(B) remotely, at the election of such member.’’. 

(c) UNITED STATES AIR FORCE ACADEMY.—Section 9455 of title 

10, United States Code, is amended by adding at the end the 

following new subsection: 

‘‘(i)(1) A majority of the members of the Board may call an 

official meeting of the Board once per year. 

‘‘(2) A member may attend such meeting— 

‘‘(A) in person, at the Academy; or 

‘‘(B) remotely, at the election of such member.’’. 

SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE 

CENTER. 

(a) AUTHORITY TO AWARD BACHELOR’S DEGREES.—Section 2168 

of title 10, United States Code, is amended— 

(1) in the section heading, by striking ‘‘Associate’’ and 

inserting ‘‘Associate or Bachelor’’; and 

(2) by amending subsection (a) to read as follows: 

‘‘(a) Subject to subsection (b), the Commandant of the Defense 

Language Institute may confer— 

‘‘(1) an Associate of Arts degree in a foreign language 

upon any graduate of the Foreign Language Center of the 

Institute who fulfills the requirements for that degree; or 

‘‘(2) a Bachelor of Arts degree in a foreign language upon 

any graduate of the Foreign Language Center of the Institute 

who fulfills the requirements for that degree.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended 

by striking the item relating to section 2168 and inserting the 

following new item: 

‘‘2168. Defense Language Institute Foreign Language Center: degree of Associate or 

Bachelor of Arts in foreign language.’’. 

SEC. 557. UNITED STATES NAVAL COMMUNITY COLLEGE. 

(a) ESTABLISHMENT.—Chapter 859 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 8595. United States Naval Community College: establishment and degree granting authority 

‘‘(a) ESTABLISHMENT AND FUNCTION.—There is a United States 

Naval Community College. The primary function of such College 

shall be to provide— 

‘‘(1) programs of academic instruction and professional and 

technical education for individuals described in subsection (b) 

in— 

‘‘(A) academic and technical fields of the liberal arts 

and sciences which are relevant to the current and future 

needs of the Navy and Marine Corps, including in designated fields of national and economic importance such 

10 USC 8595. 

10 USC 2161 

prec. 


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135 STAT. 1740 PUBLIC LAW 117–81—DEC. 27, 2021 

as cybersecurity, artificial intelligence, machine learning, 

data science, and software engineering; and 

‘‘(B) their practical duties; 

‘‘(2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are 

necessary to support, maintain, or extend programs under paragraph (1); 

‘‘(3) support and advisement services for individuals pursuing such programs; and 

‘‘(4) continuous monitoring of the progress of such individuals. 

‘‘(b) INDIVIDUALS ELIGIBLE FOR PROGRAMS.—Subject to such 

other eligibility requirements as the Secretary of the Navy may 

prescribe, the following individuals are eligible to participate in 

programs and services under subsection (a): 

‘‘(1) Enlisted members of the Navy and Marine Corps. 

‘‘(2) Officers of the Navy and Marine Corps who hold a 

commission but have not completed a postsecondary degree. 

‘‘(3) Civilian employees of the Department of the Navy. 

‘‘(4) Other individuals, as determined by the Secretary of 

the Navy, so long as access to programs and services under 

subsection (a) by such individuals is— 

‘‘(A) in alignment with the mission of the United States 

Naval Community College; and 

‘‘(B) determined to support the mission or needs of 

the Department of the Navy. 

‘‘(c) DEGREE AND CREDENTIAL GRANTING AUTHORITY.— 

‘‘(1) IN GENERAL.—Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval 

Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or 

academic credentials upon graduates who meet the degree or 

credential requirements. 

‘‘(2) LIMITATION.—A degree or credential may not be conferred under this subsection unless— 

‘‘(A) the Secretary of Education has recommended 

approval of the degree or credential in accordance with 

the Federal Policy Governing Granting of Academic 

Degrees by Federal Agencies; and 

‘‘(B) the United States Naval Community College is 

accredited by the appropriate civilian academic accrediting 

agency or organization to award the degree or credential, 

as determined by the Secretary of Education. 

‘‘(3) CONGRESSIONAL NOTIFICATION REQUIREMENTS.— 

‘‘(A) When seeking to establish degree or credential 

granting authority under this subsection, the Secretary 

of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— 

‘‘(i) a copy of the self assessment questionnaire 

required by the Federal Policy Governing Granting 

of Academic Degrees by Federal Agencies, at the time 

the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional 

Quality and Integrity; and 

‘‘(ii) the subsequent recommendations and 

rationale of the Secretary of Education regarding the 

Records. 

Reports. 

Regulations. 

Recommendations. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1741 

establishment of the degree or credential granting 

authority. 

‘‘(B) Upon any modification or redesignation of existing 

degree or credential granting authority, the Secretary of 

Defense shall submit to the Committees on Armed Services 

of the Senate and House of Representatives a report containing the rationale for the proposed modification or 

redesignation and any subsequent recommendation of the 

Secretary of Education on the proposed modification or 

redesignation. 

‘‘(C) The Secretary of Defense shall submit to the 

Committees on Armed Services of the Senate and House 

of Representatives a report containing an explanation of 

any action by the appropriate academic accrediting agency 

or organization not to accredit the United States Naval 

Community College to award any new or existing degree 

or credential. 

‘‘(d) CIVILIAN FACULTY MEMBERS.— ‘‘(1) AUTHORITY OF SECRETARY.—The Secretary of the Navy 

may employ as many civilians as professors, instructors, and 

lecturers at the United States Naval Community College as 

the Secretary considers necessary. 

‘‘(2) COMPENSATION.—The compensation of persons 

employed under this subsection shall be prescribed by the Secretary of the Navy.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 859 of title 10, United States Code, is amended 

by adding at the end the following new item: 

‘‘8595. United States Naval Community College: establishment and degree granting 

authority.’’. 

SEC. 558. CODIFICATION OF ESTABLISHMENT OF UNITED STATES AIR 

FORCE INSTITUTE OF TECHNOLOGY. 

(a) IN GENERAL.—Chapter 951 of title 10, United States Code, 

is amended by inserting before section 9414 the following new 

section: 

‘‘§ 9413. United States Air Force Institute of Technology: 

establishment 

‘‘There is in the Department of the Air Force a United States 

Air Force Institute of Technology, the purposes of which are to 

perform research and to provide, to members of the Air Force 

and Space Force (including the reserve components) and civilian 

employees of such Department, advanced instruction and technical 

education regarding their duties.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting, before the item 

relating to section 9414, the following new item: 

‘‘9413. United States Air Force Institute of Technology: establishment.’’. 

SEC. 559. CONCURRENT USE OF DEPARTMENT OF DEFENSE TUITION 

ASSISTANCE AND MONTGOMERY GI BILL-SELECTED 

RESERVE BENEFITS. 

(a) IN GENERAL.—Section 16131 of title 10, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(k)(1) In the case of an individual entitled to educational 

assistance under this chapter who is pursuing education or training 

described in subsection (a) or (c) of section 2007 of this title on 

10 USC 9401 

prec. 

10 USC 9413. 

10 USC 8591 

prec. 


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135 STAT. 1742 PUBLIC LAW 117–81—DEC. 27, 2021 

a half-time or more basis, the Secretary concerned shall, at the 

election of the individual, pay the individual educational assistance 

allowance under this chapter for pursuit of such education or 

training as if the individual were not also eligible to receive or 

in receipt of educational assistance under section 2007 for pursuit 

of such education or training. 

‘‘(2) Concurrent receipt of educational assistance under section 

2007 of this title and educational assistance under this chapter 

shall not be considered a duplication of benefits if the individual 

is enrolled in a program of education on a half-time or more basis.’’. 

(b) CONFORMING AMENDMENTS.—Section 2007(d) of such title 

is amended— 

(1) in paragraph (1), by inserting ‘‘or chapter 1606 of this 

title’’ after ‘‘of title 38’’; and 

(2) in paragraph (2), by inserting ‘‘, in the case of educational assistance under chapter 30 of such title, and section 

16131(k), in the case of educational assistance under chapter 

1606 of this title’’ before the period at the end. 

SEC. 559A. REGULATIONS ON CERTAIN PARENTAL GUARDIANSHIP 

RIGHTS OF CADETS AND MIDSHIPMEN. 

(a) REGULATIONS REQUIRED.—Not later than one year after 

the date of the enactment of this Act, the Secretary of Defense, 

after consultation with the Secretaries of the military departments 

and the Superintendent of each military service academy, shall 

prescribe regulations that include the option to preserve parental 

guardianship rights of a cadet or midshipman who becomes pregnant or fathers a child while attending a military service academy, 

consistent with the individual and academic responsibilities of such 

cadet or midshipman. 

(b) BRIEFINGS; REPORT.— 

(1) INTERIM BRIEFING.—Not later than May 1, 2022, the 

Secretary of Defense shall provide to the Committees on Armed 

Services of the Senate and House of Representatives an interim 

briefing on the development of the regulations prescribed under 

subsection (a). 

(2) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives a report on any legislation the Secretary 

determines necessary to implement the regulations prescribed 

under subsection (a). 

(3) FINAL BRIEFING.—Not later than one year after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and House of Representatives a final briefing on the regulations 

prescribed under subsection (a). 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to change, or require a change to, any admission requirement at a military service academy. 

(d) MILITARY SERVICE ACADEMY DEFINED.—In this section, the 

term ‘‘military service academy’’ means the following: 

(1) The United States Military Academy. 

(2) The United States Naval Academy. 

(3) The United States Air Force Academy. 

Deadlines. 

Deadline. 

Consultation. 

10 USC 7431 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1743 

SEC. 559B. DEFENSE LANGUAGE CONTINUING EDUCATION PROGRAM. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Under Secretary of Defense for 

Personnel and Readiness shall establish policies and procedures 

to provide, to linguists of the covered Armed Forces who have 

made the transition from formal training programs to operational 

and staff assignments, continuing language education to maintain 

their respective language proficiencies. 

(b) REIMBURSEMENT AUTHORITY.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Under Secretary, in coordination with the chief of each covered Armed Force, shall establish 

a procedure by which the covered Armed Force concerned may 

reimburse an organization of the Department of Defense that 

provides, to members of such covered Armed Force, continuing 

language education, described in subsection (a), for the costs 

of such education. 

(2) SUNSET.—The authority under this subsection shall 

expire on September 30, 2025. 

(c) BRIEFING.—Not later than July 1, 2022, the Under Secretary 

shall brief the Committees on Armed Services of the Senate and 

House of Representatives on implementation of this section and 

plans regarding continuing language education described in subsection (a). 

(d) COVERED ARMED FORCE DEFINED.—In this section, the term 

‘‘covered Armed Force’’ means the Army, Navy, Air Force, Marine 

Corps, or Space Force. 

SEC. 559C. PROHIBITION ON IMPLEMENTATION BY UNITED STATES 

AIR FORCE ACADEMY OF CIVILIAN FACULTY TENURE 

SYSTEM. 

The Secretary of Defense may not implement a civilian faculty 

tenure system for the United States Air Force Academy (in this 

section referred to as the ‘‘Academy’’) until the Secretary submits 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report assessing the following: 

(1) How a civilian faculty tenure system would promote 

the mission of the Academy. 

(2) How a civilian faculty tenure system would affect the 

current curricular governance process of the Academy. 

(3) How the Academy will determine the number of civilian 

faculty at the Academy who would be granted tenure. 

(4) How a tenure system would be structured for Federal 

employees at the Academy, including exact details of specific 

protections and limitations. 

(5) The budget implications of implementing a tenure 

system for the Academy. 

(6) The faculty qualifications that would be required to 

earn and maintain tenure. 

(7) The reasons for termination of tenure that will be 

implemented and how a tenure termination effort would be 

conducted. 

SEC. 559D. PROFESSIONAL MILITARY EDUCATION: REPORT; DEFINITION. 

(a) REPORT.— 

10 USC 2151 

note. 

Reports. 

Assessments. 

Coordination. 

Deadlines. 

Procedures. 

10 USC 2001 

note prec. 


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135 STAT. 1744 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) IN GENERAL.—Not later than July 1, 2022, the Secretary 

of Defense, in consultation with the Chairman of the Joint 

Chiefs of Staff, shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a 

report setting forth the results of a review and assessment 

of the definition of professional military education in the 

Department of Defense and the military departments as specified in subsection (c). 

(2) ELEMENTS.—The report under this subsection shall 

include the following elements: 

(A) A consolidated summary of all definitions of the 

term ‘‘professional military education’’ used in the Department of Defense and the military departments. 

(B) A description of how such term is used in the 

Department of Defense in educational institutions, associated schools, programs, think tanks, research centers, and 

support activities. 

(C) An analysis of how such term— 

(i) applies to tactical, operational, and strategic 

settings; and 

(ii) is linked to mission requirements. 

(D) An analysis of how professional military education 

has been applied and linked through all levels of Department of Defense education and training. 

(E) The applicability of professional military education 

to the domains of warfare, including land, air, sea, space, 

and cyber. 

(F) With regards to online and virtual learning in 

professional military education— 

(i) an analysis of the use of such learning; and 

(ii) student satisfaction in comparison to traditional classroom learning. 

(b) DEFINITION.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense, in coordination 

with the Chairman of the Joint Chiefs of Staff and the Secretaries 

of the military departments, using the report under subsection 

(a), shall standardize the definition of ‘‘professional military education’’ across the military departments and the Department of 

Defense. 

SEC. 559E. REPORT ON TRAINING AND EDUCATION OF MEMBERS OF 

THE ARMED FORCES REGARDING SOCIAL REFORM AND 

UNHEALTHY BEHAVIORS. 

(a) REPORT REQUIRED.—Not later than June 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on training 

and courses of education offered to covered members regarding— 

(1) sexual assault; 

(2) sexual harassment; 

(3) extremism; 

(4) domestic violence; 

(5) diversity, equity, and inclusion; 

(6) military equal opportunity; 

(7) suicide prevention; and 

(8) substance abuse. 

Consultation. 

Deadline. 

Coordination. 

Summary. 

Analysis. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1745 

(b) ELEMENTS.—The report under subsection (a) shall identify, 

with regard to each training or course of education, the following: 

(1) Sponsor. 

(2) Location. 

(3) Method. 

(4) Frequency. 

(5) Number of covered members who have participated. 

(6) Legislation, regulation, instruction, or guidance that 

requires such training or course (if applicable). 

(7) Metrics of— 

(A) performance; 

(B) effectiveness; and 

(C) data collection. 

(8) Responsibilities of the Secretary of Defense or Secretary 

of a military department to— 

(A) communicate with non-departmental entities; 

(B) process feedback from trainers, trainees, and such 

entities; 

(C) connect such training or course to tactical, operational, and strategic goals; and 

(D) connect such training or course to other training 

regarding social reform and unhealthy behavior. 

(9) Analyses of— 

(A) whether the metrics described in paragraph (7) 

are standardized across the military departments; 

(B) mechanisms used to engage non-departmental entities to assist in the development of such training or courses; 

(C) incentives used to ensure the effectiveness of such 

training or courses; 

(D) how each training or courses is intended to change 

behavior; and 

(E) costs of such training and courses. 

(10) Recommendations of the Secretary of Defense to 

improve such training or courses, including the estimated costs 

to implement such improvements. 

(11) Any other information the Secretary of Defense determines relevant. 

(c) COVERED MEMBER DEFINED.—In this section, the term ‘‘covered member’’ means a member of an Armed Force under the 

jurisdiction of the Secretary of a military department. 

SEC. 559F. REPORT ON STATUS OF ARMY TUITION ASSISTANCE PROGRAM ARMY IGNITED PROGRAM. 

(a) IN GENERAL.—Not later than 60 days after the date of 

the enactment of this Act, the Secretary of the Army shall submit 

to the congressional defense committees a report on the status 

of the Army IgnitED program of the Army’s Tuition Assistance 

Program. 

(b) ELEMENTS.—The report required under subsection (a) shall 

describe— 

(1) the estimated date when the Army IgnitED program 

will be fully functional; 

(2) the estimated date when service members will be 

reimbursed for out of pocket expenses caused by processing 

delays and errors under the Army IgnitED program; and 

(3) the estimated date when institutions of higher education 

will be fully reimbursed for all costs typically provided through 

Determination. 

Recommendations. 

Analyses. 


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135 STAT. 1746 PUBLIC LAW 117–81—DEC. 27, 2021 

the Tuition Assistance Program but delayed due to processing 

delays and errors under the Army IgnitED program. 

SEC. 559G. BRIEFING ON CADETS AND MIDSHIPMEN WITH SPEECH 

DISORDERS. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall brief the Committees on 

Armed Services of the Senate and House of Representatives 

regarding nominees, who have speech disorders, to each military 

service academy. Such briefing shall include the following: 

(1) The number of such nominees were offered admission 

to the military service academy concerned. 

(2) The number of nominees described in paragraph (1) 

who were denied admission on the basis of such disorder. 

(3) Whether the admission process to a military service 

academy includes testing for speech disorders. 

(4) The current medical standards of each military service 

academy regarding speech disorders. 

(5) Whether the Superintendent of each military service 

academy provides speech therapy to mitigate speech disorders— 

(A) of nominees to such military service academy to 

facilitate admission of such nominees; and 

(B) of the cadets or midshipman at such military 

service academy. 

Subtitle G—Military Family Readiness and 

Dependents’ Education 

SEC. 561. EXPANSION OF SUPPORT PROGRAMS FOR SPECIAL OPERATIONS FORCES PERSONNEL AND IMMEDIATE FAMILY 

MEMBERS. 

Section 1788a(e) of title 10, United States Code, is amended— 

(1) in paragraph (4), by striking ‘‘covered personnel’’ and 

inserting ‘‘covered individuals’’; and 

(2) in paragraph (5)— 

(A) by striking ‘‘covered personnel’’ and inserting ‘‘covered individuals’’; 

(B) in subparagraph (B), by striking ‘‘and’’ at the end; 

(C) in subparagraph (C), by striking the period at 

the end and inserting ‘‘; and’’; and 

(D) by adding at the end the following new subparagraph: 

‘‘(D) immediate family members of individuals 

described in subparagraphs (A) or (B) in a case in which 

such individual died— 

‘‘(i) as a direct result of armed conflict; 

‘‘(ii) while engaged in hazardous service; 

‘‘(iii) in the performance of duty under conditions 

simulating war; or 

‘‘(iv) through an instrumentality of war.’’. 

SEC. 562. IMPROVEMENTS TO THE EXCEPTIONAL FAMILY MEMBER 

PROGRAM. 

(a) EXPANSION OF ADVISORY PANEL ON COMMUNITY SUPPORT

FOR MILITARY FAMILIES WITH SPECIAL NEEDS.—Section 563(d)(2) 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1747 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 10 U.S.C. 1781c note) is amended— 

(1) by striking ‘‘seven’’ and inserting ‘‘nine’’; 

(2) by inserting ‘‘, appointed by the Secretary of Defense,’’ 

after ‘‘individuals’’; 

(3) by inserting ‘‘each’’ before ‘‘a member’’; 

(4) by striking the second sentence and inserting ‘‘In 

appointing individuals to the panel, the Secretary shall ensure 

that—’’; and 

(5) by adding at the end the following: 

‘‘(A) one individual is the spouse of an enlisted member; 

‘‘(B) one individual is the spouse of an officer in a 

grade below O-6; 

‘‘(C) one individual is a junior enlisted member; 

‘‘(D) one individual is a junior officer; 

‘‘(E) individuals reside in different geographic regions; 

‘‘(F) one individual is a member serving at a remote 

installation or is a member of the family of such a member; 

and 

‘‘(G) at least two individuals are members serving on 

active duty, each with a dependent who— 

‘‘(i) is enrolled in the Exceptional Family Member 

Program; and 

‘‘(ii) has an individualized education program.’’. 

(b) RELOCATION.—The Secretary of the military department 

concerned may, if such Secretary determines it feasible, permit 

a covered member who receives permanent change of station orders 

to elect, not later than 14 days after such receipt, from at least 

two locations that provide support for the dependent of such covered 

member with a special need. 

(c) FAMILY MEMBER MEDICAL SUMMARY.—The Secretary of a 

military department, in coordination with the Director of the 

Defense Health Agency, shall require that a family member medical 

summary, completed by a licensed and credentialed medical provider, is accessible in the electronic health record of the Department 

of Defense for subsequent review by a licensed medical provider. 

(d) COVERED MEMBER DEFINED.—In this section, the term ‘‘covered member’’ means a member of an Armed Force— 

(1) under the jurisdiction of the Secretary of a military 

department; and 

(2) with a dependent with a special need. 

SEC. 563. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 

THAT BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN 

PERSONNEL. 

(a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF

THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN

EMPLOYEES.— 

(1) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS

OF MILITARY DEPENDENT STUDENTS.—Of the amount authorized 

to be appropriated for fiscal year 2022 by section 301 and 

available for operation and maintenance for Defense-wide 

activities as specified in the funding table in section 4301, 

$50,000,000 shall be available only for the purpose of providing 

assistance to local educational agencies under subsection (a) 

Coordination. 

Requirement. 

Records. 

Determination. 

Deadline. 

10 USC 1781c 

note. 


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135 STAT. 1748 PUBLIC LAW 117–81—DEC. 27, 2021 

of section 572 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b). 

(2) LOCAL EDUCATIONAL AGENCY DEFINED.—In this subsection, the term ‘‘local educational agency’’ has the meaning 

given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

(b) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.— 

(1) IN GENERAL.—Of the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities 

as specified in the funding table in section 4301, $10,000,000 

shall be available for payments under section 363 of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 

2001 (as enacted into law by Public Law 106–398; 114 Stat. 

1654A–77; 20 U.S.C. 7703a). 

(2) ADDITIONAL AMOUNT.—Of the amount authorized to 

be appropriated for fiscal year 2022 pursuant to section 301 

and available for operation and maintenance for Defense-wide 

activities as specified in the funding table in section 4301, 

$10,000,000 shall be available for use by the Secretary of 

Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities. 

(3) REPORT.—Not later than March 31, 2022, the Secretary 

shall brief the Committees on Armed Services of the Senate 

and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations 

of military children with severe disabilities and subsequent 

determination of the amounts of impact aid each such agency 

shall receive. 

SEC. 564. PILOT PROGRAM TO ESTABLISH EMPLOYMENT FELLOWSHIP 

OPPORTUNITIES FOR MILITARY SPOUSES. 

(a) ESTABLISHMENT.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense may establish 

a three-year pilot program to provide employment support to the 

spouses of members of the Armed Forces through a paid fellowship 

with employers across a variety of industries. In carrying out the 

pilot program, the Secretary shall take the following steps: 

(1) Enter into a contract or other agreement to conduct 

a career fellowship pilot program for military spouses. 

(2) Determine the appropriate capacity for the pilot program based on annual funding availability. 

(3) Establish evaluation criteria to determine measures 

of effectiveness and cost-benefit analysis of the pilot program 

in supporting military spouse employment. 

(b) LIMITATION ON TOTAL AMOUNT OF ASSISTANCE.—The total 

amount of the pilot program may not exceed $5,000,000 over the 

life of the pilot. 

(c) REPORTS.—Not later than two years after the Secretary 

establishes the pilot program, the Secretary shall submit to the 

Committees on Armed Services of the Senate and the House of 

Representatives an interim report that includes the following elements: 

(1) The number of spouses who participated in the pilot 

program annually. 

Criteria. 

Contracts. 

Determinations. 

Deadline. 

Time period. 

10 USC 1784 

note. 

Deadline. 

Briefing. 

Evaluation. 

Determination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1749 

(2) The amount of funding spent through the pilot program 

annually. 

(3) A recommendation of the Secretary regarding whether 

to discontinue, expand, or make the pilot program permanent. 

(d) FINAL REPORT.—Not later than 180 days after the pilot 

program ends, the Secretary shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives 

a final report that includes the following elements: 

(1) The number of spouses who participated in the pilot 

program. 

(2) The amount of funding spent through the pilot program. 

(3) An evaluation of outcomes. 

(4) A recommendation of the Secretary regarding whether 

to make the pilot program permanent. 

(e) TERMINATION.—The pilot program shall terminate three 

years after the date on which the Secretary establishes the pilot 

program. 

SEC. 565. POLICY REGARDING REMOTE MILITARY INSTALLATIONS. 

(a) POLICY.—Not later than December 1, 2022, the Secretary 

of Defense, in consultation with the Secretaries of the military 

departments, shall develop a uniform policy for how to— 

(1) identify remote military installations; and 

(2) assess and manage challenges associated with remote 

military installations and military personnel assigned to remote 

locations. 

(b) ELEMENTS.—The policy under subsection (a) shall address 

the following: 

(1) Activities and facilities for the morale, welfare, and 

recreation of members of the Armed Forces. 

(2) Availability of housing, located on and off remote military installations. 

(3) Educational services for dependents of members of the 

Armed Forces, located on and off remote military installations. 

(4) Availability of health care. 

(5) Employment opportunities for military spouses. 

(6) Risks associated with having insufficient support services for members of the Armed Forces and their dependents. 

(c) REPORT.—Not later than March 1, 2023, the Secretary of 

Defense shall submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report setting forth 

the policy under this section. 

(d) MILITARY INSTALLATION DEFINED.—In this section, the term 

‘‘military installation’’ has the meaning given that term in section 

2801 of title 10, United States Code. 

SEC. 566. IMPLEMENTATION OF GAO RECOMMENDATION ON 

IMPROVED COMMUNICATION OF BEST PRACTICES TO 

ENGAGE MILITARY SPOUSES WITH CAREER ASSISTANCE 

RESOURCES. 

(a) PLAN REQUIRED.—The Secretary of Defense shall develop 

a plan to implement the recommendation of the Comptroller General 

of the United States, to address strategies for sharing information 

on outreach to military spouses regarding career assistance 

resources, in the report of the Government Accountability Office 

titled ‘‘Military Spouse Employment: DOD Should Continue 

Assessing State Licensing Practices and Increase Awareness of 

10 USC 1784 

note. 

Assessment. 

Deadline. 

Consultation. 

10 USC 1781b 

note. 

Recommendations. 

Evaluation. 

Recommendations. 


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135 STAT. 1750 PUBLIC LAW 117–81—DEC. 27, 2021 

Resources’’ (GAO–21–193). The plan shall include the following 

elements: 

(1) A summary of actions that have been taken to implement the recommendation. 

(2) A summary of actions that will be taken to implement 

the recommendation, including how the Secretary plans to— 

(A) engage military services and installations, members 

of the Spouse Ambassador Network, and other local stakeholders to obtain information on the outreach approaches 

and best practices used by military installations and stakeholders; 

(B) overcome factors that may limit use of best practices; 

(C) disseminate best practices to relevant stakeholders; 

and 

(D) identify ways to and better coordinate with the 

Secretaries of Veterans Affairs, Labor, and Housing and 

Urban Development; and 

(E) a schedule, with specific milestones, for completing 

implementation of the recommendation. 

(b) IMPLEMENTATION; DEADLINE.—Not later than 18 months 

after the date of the enactment of this Act, the Secretary of Defense 

shall carry out activities to implement the plan developed under 

subsection (a). 

SEC. 567. STUDY ON EMPLOYMENT OF MILITARY SPOUSES. 

(a) STUDY.— 

(1) IN GENERAL.—The Secretary of Defense shall conduct 

a study to identify employment barriers affecting military 

spouses. 

(2) ELEMENTS.—The study conducted under paragraph (1) 

shall determine the following: 

(A) The rate or prevalence of military spouses who 

are currently employed and whether such military spouses 

have children. 

(B) The rate or prevalence of military spouses who 

are underemployed. 

(C) In connection with subparagraph (B), whether a 

military spouse would have taken a different position of 

employment if the military spouse were not impacted by 

the spouse who is a member of the Armed Forces. 

(D) The rate or prevalence of military spouses who, 

due to military affiliation, have experienced discrimination 

by civilian employers, including loss of employment, denial 

of a promotion, and difficulty in being hired. 

(E) Any other barriers of entry into the local workforce 

for military spouses, including— 

(i) state licensure requirements; 

(ii) availability of childcare; 

(iii) access to broadband; 

(iv) job availability in military communities; and 

(v) access to housing. 

(b) REPORT.—Not later than one year after the date of the 

enactment of this section, the Secretary of Defense shall submit 

to the congressional defense committees a report containing the 

results of the study conducted under this section, including any 

Recommendations. 

Determination. 

Schedule. 

Summaries. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1751 

policy recommendations to address employment barriers identified 

by the study. 

(c) DEFINITIONS.—In this section: 

(1) MILITARY SPOUSE.—The term ‘‘military spouse’’ means 

the spouse of a member of the Armed Forces serving on active 

duty. 

(2) CONGRESSIONAL DEFENSE COMMITTEES.—The term 

‘‘congressional defense committees’’ has the meaning given that 

term in section 101(a)(16) of title 10, United States Code. 

SEC. 568. BRIEFING ON EFFORTS OF COMMANDERS OF MILITARY 

INSTALLATIONS TO CONNECT MILITARY FAMILIES WITH 

LOCAL ENTITIES THAT PROVIDE SERVICES TO MILITARY 

FAMILIES. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall brief the Committees on 

Armed Services of the Senate and House of Representatives on 

how and the extent to which commanders of military installations 

connect military families with local nonprofit and government entities that provide services to military families, including assistance 

with housing. 

SEC. 569. BRIEFING ON PROCESS TO CERTIFY REPORTING OF 

ELIGIBLE FEDERALLY CONNECTED CHILDREN FOR PURPOSES OF FEDERAL IMPACT AID PROGRAMS. 

(a) BRIEFING.—Not later April 1, 2022, the Secretary of Defense 

shall brief the Committees on Armed Services of the Senate and 

House of Representatives on the following: 

(1) The feasibility of developing a written process whereby 

an installation commander can certify the information contained in impact aid source check forms received by such 

installation commander from local educational agencies. 

(2) Benefits of working with local educational agencies 

to certify impact aid source check forms are submitted in the 

appropriate manner. 

(3) An estimated timeline to implement such a certification 

process. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘impact aid source check form’’ means a 

form submitted to a military installation by a local educational 

agency to confirm the number and identity of children eligible 

to be counted for purposes of the Federal impact aid program 

under section 7003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)). 

(2) The term ‘‘local educational agency’’ has the meaning 

given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 

SEC. 569A. BRIEFING ON LEGAL SERVICES FOR FAMILIES ENROLLED 

IN THE EXCEPTIONAL FAMILY MEMBER PROGRAM. 

(a) BRIEFING REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

brief the Committees on Armed Services of the Senate and House 

of Representatives on the provision of legal services, under section 

582(b)(7) of the William M. (Mac) Thornberry National Defense 

Authorization Act for Fiscal Year 2021 (Public Law 116–283), to 

families enrolled in EFMP. 

Deadline. 

Timeline. 

Deadline. 

Deadline. 


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135 STAT. 1752 PUBLIC LAW 117–81—DEC. 27, 2021 

(b) ELEMENTS.—The briefing shall include the following elements: 

(1) Training, provided by civilian attorneys or judge advocates general, regarding special education. 

(2) Casework, relating to special education, of such civilian 

attorneys and judge advocates general. 

(3) Information on how such legal services tie in to broader 

EFMP support under the Individuals with Disabilities Education Act (Public Law 91–230), including the geographic support model. 

(4) Other matters regarding such legal services that the 

Secretary of Defense determines appropriate. 

(5) Costs of such elements described in paragraphs (1) 

through (4). 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘EFMP’’ means the Exceptional Family 

Member Program. 

(2) The terms ‘‘child with a disability’’, ‘‘free appropriate 

public education’’, and ‘‘special education’’ have the meanings 

given those terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). 

SEC. 569B. GAO REVIEW OF PRESERVATION OF THE FORCE AND 

FAMILY PROGRAM OF UNITED STATES SPECIAL OPERATIONS COMMAND: BRIEFING; REPORT. 

(a) REVIEW.—The Comptroller General of the United States 

shall conduct a review of POTFF. Such review shall include the 

following: 

(1) With regards to current programs and activities of 

POTFF, an assessment of the sufficiency of the following 

domains: 

(A) Human performance. 

(B) Psychological and behavioral health. 

(C) Social and family readiness. 

(D) Spiritual. 

(2) A description of efforts of the Commander of United 

States Special Operations Command to assess the unique needs 

of members of special operations forces, including women and 

minorities. 

(3) A description of plans of the Commander to improve 

POTFF to better address the unique needs of members of 

special operations forces. 

(4) Changes in costs to the United States to operate POTFF 

since implementation. 

(5) Rates of participation in POTFF, including— 

(A) the number of individuals who participate; 

(B) frequency of use by such individuals; and 

(C) geographic locations where such individuals participate. 

(6) Methods by which data on POTFF is collected and 

analyzed. 

(7) Outcomes used to determine the effects of POTFF on 

members of special operations forces and their immediate 

family members, including a description of the effectiveness 

of POTFF in addressing unique needs of such individuals. 

(8) Any other matter the Comptroller General determines 

appropriate. 

Determination. 

Determination. 

Data analysis. 

Assessment. 

Assessment. 

Costs. 

Determination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1753 

(b) BRIEFING.—Not later than 90 days after the date of the 

enactment of this Act, the Comptroller General shall brief the 

appropriate committees on the preliminary findings of the Comptroller General under such review. 

(c) REPORT.—The Comptroller General shall submit to the 

appropriate committees a final report on such review at a date 

mutually agreed upon by the Comptroller General and the appropriate committees. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees’’ means the Committees on Armed Services of the Senate and House of Representatives. 

(2) The term ‘‘POTFF’’ means the Preservation of the Force 

and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code. 

(3) The term ‘‘special operations forces’’ means the forces 

described in section 167(j) of title 10, United States Code. 

Subtitle H—Diversity and Inclusion 

SEC. 571. REDUCTION OF GENDER-RELATED INEQUITIES IN COSTS OF 

UNIFORMS TO MEMBERS OF THE ARMED FORCES. 

(a) ESTABLISHMENT OF CRITERIA.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary of Defense, 

acting through the Under Secretary of Defense for Personnel and 

Readiness and in coordination with the Secretaries of the military 

departments, shall establish criteria, consistent across the Armed 

Forces, for determining which uniform or clothing items across 

the Armed Forces are considered uniquely military for purposes 

of calculating the standard cash clothing replacement allowances, 

in part to reduce differences in out-of pocket costs incurred by 

enlisted members of the Armed Forces across the military services 

and by gender within an Armed Force. 

(b) REVIEWS.— (1) QUINQUENNIAL REVIEW.—The Under Secretary shall 

review the criteria established under subsection (a) every five 

years after such establishment and recommend to the Secretaries of the military departments adjustments to clothing 

allowances for enlisted members if such allowances are insufficient to pay for uniquely military items determined pursuant 

to such criteria. 

(2) PERIODIC REVIEWS.—The Secretary of Defense, acting 

through the Under Secretary of Defense for Personnel and 

Readiness, and in coordination with the Secretaries of the military departments, shall periodically review— 

(A) all uniform clothing plans of each Armed Force 

under the jurisdiction of the Secretary of a military department to identify data needed to facilitate cost discussions 

and make recommendations described in paragraph (1); 

(B) not less than once every five years, calculations 

of each Armed Force for standard clothing replacement 

allowances for enlisted members, in order to develop a 

standard by which to identify differences described in subsection (a); 

(C) not less than once every 10 years, initial clothing 

allowances for officers, in order to identify data necessary 

Coordination. 

Data. 

Recommendations. 

Recommendations. 

Deadline. 

Coordination. 

Determinations. 

37 USC 418 note. 

Deadline. 


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135 STAT. 1754 PUBLIC LAW 117–81—DEC. 27, 2021 

to facilitate cost discussions and make recommendations 

described in paragraph (1); and 

(D) all plans of each Armed Force under the jurisdiction 

of the Secretary of a military department for changing 

uniform items to determine if such planned changes will 

result in differences described in subsection (a). 

(c) REGULATIONS.—Not later than September 30, 2022, each 

Secretary of a military department shall prescribe regulations that 

ensure the following: 

(1) The out-of-pocket cost to an officer or enlisted member 

of an Armed Force for a mandatory uniform item (or part 

of such uniform) may not exceed such cost to another officer 

or enlisted member of that Armed Force for such uniform 

(or part, or equivalent part, of such uniform) solely based 

on gender. 

(2) If a change to a uniform of an Armed Force affects 

only enlisted members of one gender, an enlisted member of 

such gender in such Armed Force shall be entitled to an allowance equal to the out-of-pocket cost to the officer or enlisted 

member relating to such change. 

(3) An individual who has separated or retired, or been 

discharged or dismissed, from the Armed Forces, shall not 

entitled to an allowance under paragraph (2). 

(d) REPORT.—Not later than December 31, 2022, the Secretary 

of Defense, in coordination with the Secretaries of the military 

departments, shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report on— 

(1) the estimated production costs and average retail prices 

of military clothing items for members (including officers and 

enlisted members) of each Armed Force; and 

(2) a comparison of costs for male and female military 

clothing items for members of each Armed Force. 

SEC. 572. STUDY ON NUMBER OF MEMBERS OF THE ARMED FORCES 

WHO IDENTIFY AS HISPANIC OR LATINO. 

The Secretary of Defense shall seek to enter into an agreement 

with a federally funded research and development center to conduct 

a study of the following: 

(1) The number of members of the regular components 

of the Armed Forces (including cadets and midshipmen at the 

military service academies) who identify as Hispanic or Latino, 

separated by rank. 

(2) A comparison of the percentage of the members 

described in paragraph (1) with the percentage of the population 

of the United States who are eligible to enlist or commission 

in the Armed Forces who identify as Hispanic or Latino. 

(3) A comparison of how each of the Armed Forces recruits 

individuals who identify as Hispanic or Latino. 

(4) A comparison of how each of the Armed Forces retains 

both officer and enlisted members who identify as Hispanic 

or Latino. 

(5) A comparison of how each of the Armed Forces promotes 

both officer and enlisted members who identify as Hispanic 

or Latino. 

Contracts. 

Coordination. 

Costs. 

Deadline. 

Plans. 

Determination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1755 

SEC. 573. INCLUSION OF MILITARY SERVICE ACADEMIES, OFFICER 

CANDIDATE AND TRAINING SCHOOLS, AND THE SENIOR 

RESERVE OFFICERS’ TRAINING CORPS DATA IN DIVERSITY 

AND INCLUSION REPORTING. 

Section 113 of title 10, United States Code, is amended— 

(1) in subsection (c)(2), by inserting before the semicolon 

the following: ‘‘, including the status of diversity and inclusion 

in the military service academies, the Officer Candidate and 

Training Schools, and the Senior Reserve Officers’ Training 

Corps programs of such department’’; and 

(2) in subsection (m)— 

(A) by redesignating paragraphs (5), (6), and (7) as 

paragraphs (6), (7), and (8), respectively; and 

(B) by inserting after paragraph (4) the following new 

paragraph: 

‘‘(5) The number of graduates of the Senior Reserve Officers’ 

Training Corps during the fiscal year covered by the report, 

disaggregated by gender, race, and ethnicity, for each military 

department.’’. 

SEC. 574. EXTENSION OF DEADLINE FOR GAO REPORT ON EQUAL 

OPPORTUNITY AT THE MILITARY SERVICE ACADEMIES. 

Section 558 of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended, in the matter preceding paragraph (1), by striking 

‘‘one year after the date of the enactment of this Act’’ and inserting 

‘‘May 31, 2022’’. 

Subtitle I—Decorations and Awards, 

Miscellaneous Reports, and Other Matters 

SEC. 581. MODIFIED DEADLINE FOR ESTABLISHMENT OF SPECIAL PURPOSE ADJUNCT TO ARMED SERVICES VOCATIONAL 

APTITUDE BATTERY TEST. 

Section 594 of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended by striking ‘‘Not later than one year after the 

date of the enactment of this Act’’ and inserting ‘‘Not later than 

October 1, 2024’’. 

SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS. 

(a) MEDAL OF HONOR TO CHARLES R. JOHNSON FOR ACTS OF

VALOR DURING THE KOREAN WAR.— 

(1) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 7274 of title 10, United States Code, or 

any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the 

President may award the Medal of Honor under section 7271 

of such title to Charles R. Johnson for the acts of valor described 

in paragraph (2). 

(2) ACTS OF VALOR DESCRIBED.—The acts of valor described 

in this paragraph are the actions of Charles R. Johnson on 

June 11 and 12, 1953, as a member of the Army serving 

in Korea, for which he was awarded the Silver Star. 

(b) MEDAL OF HONOR TO WATARU NAKAMURA FOR ACTS OF

VALOR DURING THE KOREAN WAR.— 

President. 

10 USC 503 note. 

134 Stat. 3639. 


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135 STAT. 1756 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 7274 of title 10, United States Code, or 

any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the 

President may award the Medal of Honor under section 7271 

of such title to Wataru Nakamura for the acts of valor described 

in paragraph (2). 

(2) ACTS OF VALOR DESCRIBED.—The acts of valor described 

in this paragraph are the actions of Wataru Nakamura on 

May 18, 1951, as a member of the Army serving in Korea, 

for which he was awarded the Distinguished-Service Cross. 

(c) MEDAL OF HONOR TO BRUNO R. ORIG FOR ACTS OF VALOR

DURING THE KOREAN WAR.— 

(1) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 7274 of title 10, United States Code, or 

any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the 

President may award the Medal of Honor under section 7271 

of such title to Bruno R. Orig for the acts of valor described 

in paragraph (2). 

(2) ACTS OF VALOR DESCRIBED.—The acts of valor described 

in this paragraph are the actions of Bruno R. Orig on Februray 

15, 1951, as a member of the Army serving in Korea, for 

which he was awarded the Distinguished-Service Cross. 

(d) MEDAL OF HONOR TO DENNIS M. FUJII FOR ACTS OF VALOR

DURING THE VIETNAM WAR.— 

(1) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 7274 of title 10, United States Code, or 

any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the 

President may award the Medal of Honor under section 7271 

of such title to Dennis M. Fujii for the acts of valor described 

in paragraph (2). 

(2) ACTS OF VALOR DESCRIBED.—The acts of valor described 

in this paragraph are the actions of Dennis M. Fujii on February 18 through 22, 1971, as a member of the Army serving 

in the Republic of Vietnam, for which he was awarded the 

Distinguished-Service Cross. 

(e) MEDAL OF HONOR TO EDWARD N. KANESHIRO, FOR ACTS

OF VALOR DURING THE VIETNAM WAR.— 

(1) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 7274 of title 10, United States Code, or 

any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the 

President may award the Medal of Honor under section 7271 

of such title to Edward N. Kaneshiro for the acts of valor 

described in paragraph (2). 

(2) ACTS OF VALOR DESCRIBED.—The acts of valor described 

in this paragraph are the actions of Edward N. Kaneshiro 

on December 1, 1966, as a member of the Army serving in 

Vietnam, for which he was awarded the Distinguished-Service 

Cross. 

(f) DISTINGUISHED-SERVICE CROSS TO EARL R. FILLMORE, JR. 

FOR ACTS OF VALOR IN SOMALIA.— 

(1) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 7274 of title 10, United States Code, or 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1757 

any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the 

President may award the Distinguished-Service Cross under 

section 7272 of such title to Earl R. Fillmore, Jr. for the acts 

of valor described in paragraph (2). 

(2) ACTS OF VALOR DESCRIBED.—The acts of valor described 

in this paragraph are the actions of Earl R. Fillmore, Jr. 

on October 3, 1993, as a member of the Army serving in 

Somalia, for which he was awarded the Silver Star. 

(g) DISTINGUISHED-SERVICE CROSS TO ROBERT L. MABRY FOR

ACTS OF VALOR IN SOMALIA.— (1) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 7274 of title 10, United States Code, or 

any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the 

President may award the Distinguished-Service Cross under 

section 7272 of such title to Robert L. Mabry for the acts 

of valor described in paragraph (2). 

(2) ACTS OF VALOR DESCRIBED.—The acts of valor described 

in this paragraph are the actions of Robert L. Mabry on October 

3 and 4, 1993, as a member of the Army serving in Somalia, 

for which he was awarded the Silver Star. 

(h) DISTINGUISHED-SERVICE CROSS TO JOHN G. MACEJUNAS FOR

ACTS OF VALOR IN SOMALIA.— 

(1) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 7274 of title 10, United States Code, or 

any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the 

President may award the Distinguished-Service Cross under 

section 7272 of such title to John G. Macejunas for the acts 

of valor described in paragraph (2). 

(2) ACTS OF VALOR DESCRIBED.—The acts of valor described 

in this paragraph are the actions of John G. Macejunas on 

October 3 and 4, 1993, as a member of the Army serving 

in Somalia, for which he was awarded the Silver Star. 

(i) DISTINGUISHED-SERVICE CROSS TO WILLIAM F. THETFORD

FOR ACTS OF VALOR IN SOMALIA.— 

(1) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 7274 of title 10, United States Code, or 

any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the 

President may award the Distinguished-Service Cross under 

section 7272 of such title to William F. Thetford for the acts 

of valor described in paragraph (2). 

(2) ACTS OF VALOR DESCRIBED.—The acts of valor described 

in this paragraph are the actions of William F. Thetford on 

October 3 and 4, 1993, as a member of the Army serving 

in Somalia, for which he was awarded the Silver Star. 

SEC. 583. ESTABLISHMENT OF THE ATOMIC VETERANS COMMEMORATIVE SERVICE MEDAL. 

(a) SERVICE MEDAL REQUIRED.—The Secretary of Defense shall 

design and produce a commemorative military service medal, to 

be known as the ‘‘Atomic Veterans Commemorative Service Medal’’, 

to commemorate the service and sacrifice of veterans who were 

instrumental in the development of our nations atomic and nuclear 

weapons programs. 

10 USC 1121 

note prec. 


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(b) ELIGIBILITY REQUIREMENTS.—(1) The Secretary of Defense 

shall, within 180 days after the date of enactment of this Act, 

determine eligibility requirements for this medal. 

(2) Sixty days prior to publishing the eligibility requirements 

for this medal, the Secretary of Defense shall submit proposed 

eligibility criteria under paragraph (1) to the Committees on Armed 

Services of the Senate and House of Representatives for comment. 

(3) The Secretary of Defense may require persons to submit 

supporting documentation for the medal authorized in subsection 

(a) to determine eligibility under paragraph (1). 

(c) DISTRIBUTION OF MEDAL.— (1) ISSUANCE TO RETIRED AND FORMER MEMBERS.—At the 

request of an eligible veteran, the Secretary of Defense shall 

issue the Atomic Veterans Commemorative Service Medal to 

the eligible veteran. 

(2) ISSUANCE TO NEXT-OF-KIN.—In the case of a veteran 

who is deceased, the Secretary may provide for issuance of 

the Atomic Veterans Commemorative Service Medal to the 

next-of-kin of the persons. If applications for a medal are filed 

by more than one next of kin of a person eligible to receive 

a medal under this section, the Secretary of Defense shall 

determine which next-of-kin will receive the medal. 

(3) APPLICATION.—The Secretary shall prepare and disseminate as appropriate an application by which veterans and their 

next-of-kin may apply to receive the Atomic Veterans Service 

Medal. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated such sum as may be necessary to carry out 

this section. 

SEC. 584. UPDATES AND PRESERVATION OF MEMORIALS TO CHAPLAINS AT ARLINGTON NATIONAL CEMETERY. 

(a) UPDATES AND PRESERVATION OF MEMORIALS.— 

(1) PROTESTANT CHAPLAINS MEMORIAL.—The Secretary of 

the Army may permit NCMAF— 

(A) to modify the memorial to Protestant chaplains 

located on Chaplains Hill to include a granite, marble, 

or other stone base for the bronze plaque of the memorial; 

(B) to provide an updated bronze plaque, described 

in subparagraph (A), including the name of each chaplain, 

verified as described in subsection (b), who died while 

serving on active duty in the Armed Forces after the date 

on which the original memorial was placed; and 

(C) to make such other updates and corrections to 

the memorial that the Secretary determines necessary. 

(2) CATHOLIC AND JEWISH CHAPLAIN MEMORIALS.—The Secretary of the Army may permit NCMAF to update and make 

corrections to the Catholic and Jewish chaplain memorials 

located on Chaplains Hill that the Secretary determines necessary. 

(3) NO COST TO FEDERAL GOVERNMENT.—The activities of 

NCMAF authorized by this subsection shall be carried out 

at no cost to the Federal Government. 

(b) VERIFICATION OF NAMES.—NCMAF may not include the 

name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of 

Chaplains of the Army, Navy, or Air Force or the Chaplain of 

Determination. 

Determination. 

38 USC 2409 

note. 

Determination. 

Time period. 

Criteria. 

Deadline. 

Determination. 


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the United States Marine Corps, depending on the branch of the 

Armed Forces in which the chaplain served. 

(c) PROHIBITION ON EXPANSION OF MEMORIALS.—Except as provided in subsection (a)(1)(A), this section may not be construed 

as authorizing the expansion of any memorial that is located on 

Chaplains Hill as of the date of the enactment of this Act. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘Chaplains Hill’’ means the area in Arlington 

National Cemetery that, as of the date of the enactment of 

this Act, is generally identified and recognized as Chaplains 

Hill. 

(2) The term ‘‘NCMAF’’ means the National Conference 

on Ministry to the Armed Forces or any successor organization 

recognized in law for purposes of the operation of this section. 

SEC. 585. REPORTS ON SECURITY FORCE PERSONNEL PERFORMING 

PROTECTION LEVEL ONE DUTIES. 

(a) IN GENERAL.—The Secretary of the Air Force shall submit 

to the congressional defense committees a report on the status 

of security force personnel performing protection level one (PL– 

1) duties— 

(1) not later than 90 days after the date of the enactment 

of this Act; and 

(2) concurrent with the submission to Congress of the 

budget of the President for each of fiscal years 2023 through 

2027 pursuant to section 1105(a) of title 31, United States 

Code. 

(b) ELEMENTS.—Each report required by subsection (a) shall 

include the following: 

(1) The number of Air Force personnel performing, and 

the number of unfilled billets designated for performance of, 

PL–1 duties on a full-time basis during the most recent fiscal 

year that ended before submission of the report. 

(2) The number of such personnel disaggregated by mission 

assignment during that fiscal year. 

(3) The number of such personnel and unfilled billets at 

each major PL–1 installation during that fiscal year and a 

description of the rank structure of such personnel. 

(4) A statement of the time, by rank structure, such personnel were typically assigned to perform PL–1 duties at each 

major PL–1 installation during that fiscal year. 

(5) The retention rate for security personnel performing 

such duties during that fiscal year. 

(6) The number of Air Force PL–1 security force members 

deployed to support another Air Force mission or a joint mission 

with another military department during that fiscal year. 

(7) A description of the type of training for security personnel performing PL–1 duties during that fiscal year. 

(8) An assessment of the status of replacing the existing 

fleet of high mobility multipurpose wheeled vehicles (HMMWV) 

and BearCat armored vehicles, by PL–1 installation. 

(9) Such other matters as the Secretary considers appropriate relating to security force personnel performing PL–1 

duties during the period of five fiscal years after submission 

of the report. 

Time period. 

Assessment. 

Statement. 

Effective date. 

Effective date. 


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SEC. 586. GAO STUDY ON TATTOO POLICIES OF THE ARMED FORCES. 

(a) STUDY.—The Comptroller General of the United States shall 

evaluate the tattoo policies of each Armed Force, including— 

(1) the effects of such policies on recruitment, retention, 

reenlistment of members of the Armed Forces; and 

(2) processes for waivers to such policies to recruit, retain, 

or reenlist members who have unauthorized tattoos. 

(b) BRIEFING.—Not later than March 31, 2022, the Comptroller 

General shall brief the Committees on Armed Services of the Senate 

and House of Representatives on preliminary findings of such 

evaluation. 

(c) REPORT.—Not later than July 1, 2022, the Comptroller General shall submit to the Committees on Armed Services of the 

Senate and House of Representatives a report containing the final 

results of such evaluation. 

SEC. 587. BRIEFING REGARDING BEST PRACTICES FOR COMMUNITY 

ENGAGEMENT IN HAWAII. 

(a) BRIEFING REQUIRED.—Not later than 90 days after the 

date of the enactment of this Act, the Assistant Secretary of Defense 

and the Secretaries of the military departments shall jointly submit 

to Congress a briefing on best practices for coordinating relations 

with State and local governmental entities in the State of Hawaii. 

(b) BEST PRACTICES.—The best practices referred to in subsection (a) shall address each of the following issues: 

(1) Identify comparable locations with joint base military 

installations or of other densely populated metropolitan areas 

with multiple military installations and summarize lessons 

learns from any similar efforts to engage with the community 

and public officials. 

(2) Identify all the major community engagement efforts 

by the services, commands, installations and other military 

organizations in the State of Hawaii. 

(3) Evaluate the current community outreach efforts to 

identify any outreach gaps or coordination challenges that 

undermine the military engagement with the local community 

and elected official in the State of Hawaii. 

(4) Propose options available to create an enhanced, coordinated community engagement effort in the State of Hawaii 

based on the department’s evaluation. 

(5) Resources to support the coordination described in this 

subsection, including the creation of joint liaison offices that 

are easily accessible to public officials to facilitate coordinating 

relations with State and local governmental agencies. 

TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Basic needs allowance for members on active service in the Armed Forces. 

Sec. 602. Equal incentive pay for members of the reserve components of the Armed 

Forces. 

Sec. 603. Expansions of certain travel and transportation authorities. 

Sec. 604. Repeal of expiring travel and transportation authorities. 

Sec. 605. Requirements in connection with suspension of retired pay and retirement annuities. 

Sec. 606. Report on relationship between basic allowance for housing and sizes of 

military families. 

Proposal. 

Evaluation. 

Summaries. 

Deadline. 

Deadline. 

Evaluation. 


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Sec. 607. Report on certain moving expenses for members of the Armed Forces. 

Sec. 608. Report on temporary lodging expenses in competitive housing markets. 

Sec. 609. Report on rental partnership programs. 

Subtitle B—Bonus and Incentive Pays 

Sec. 611. One-year extension of certain expiring bonus and special pay authorities. 

Subtitle C—Family and Survivor Benefits 

Sec. 621. Extension of paid parental leave. 

Sec. 622. Bereavement leave for members of the Armed Forces. 

Sec. 623. Travel and transportation allowances for family members to attend the 

funeral and memorial services of members. 

Sec. 624. Expansion of pilot program to provide financial assistance to members of 

the Armed Forces for in-home child care. 

Sec. 625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States. 

Sec. 626. Casualty assistance program: reform; establishment of working group. 

Subtitle D—Defense Resale Matters 

Sec. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores. 

Subtitle E—Miscellaneous Rights and Benefits 

Sec. 641. Alexander Lofgren Veterans in Parks program. 

Subtitle A—Pay and Allowances 

SEC. 601. BASIC NEEDS ALLOWANCE FOR MEMBERS ON ACTIVE 

SERVICE IN THE ARMED FORCES. 

(a) IN GENERAL.—Chapter 7 of title 37, United States Code, 

is amended by inserting after section 402a the following new section: 

‘‘§ 402b. Basic needs allowance for members on active service 

in the Armed Forces 

‘‘(a) ALLOWANCE REQUIRED.—The Secretary concerned shall pay 

to each member who is eligible under subsection (b) a basic needs 

allowance in the amount determined for such member under subsection (c). 

‘‘(b) ELIGIBLE MEMBERS.—A member on active service in the 

armed forces is eligible for the allowance under subsection (a) 

if— 

‘‘(1) the member has completed initial entry training; 

‘‘(2) the gross household income of the member during 

the most recent calendar year did not exceed an amount equal 

to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the 

member and the number of individuals in the household of 

the member for such year; and 

‘‘(3) the member— 

‘‘(A) is not ineligible for the allowance under subsection 

(d); and 

‘‘(B) does not elect under subsection (g) not to receive 

the allowance. 

‘‘(c) AMOUNT OF ALLOWANCE.—The amount of the monthly 

allowance payable to a member under subsection (a) shall be the 

amount equal to— 

‘‘(1)(A) 130 percent of the Federal poverty guidelines of 

the Department of Health and Human Services for the calendar 

year during which the allowance is paid based on the location 

of the member and the number of individuals in the household 

Determination. 

37 USC 402b. 


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of the member during the month for which the allowance is 

paid; minus 

‘‘(B) the gross household income of the member during 

the preceding calendar year; divided by 

‘‘(2) 12. 

‘‘(d) BASES OF INELIGIBILITY.— ‘‘(1) IN GENERAL.—The following members are ineligible 

for the allowance under subsection (a): 

‘‘(A) A member who does not have any dependents. 

‘‘(B) A cadet at the United States Military Academy, 

the United States Air Force Academy, or the Coast Guard 

Academy, a midshipman at the United States Naval 

Academy, or a cadet or midshipman serving elsewhere 

in the armed forces. 

‘‘(2) HOUSEHOLD WITH MORE THAN ONE ELIGIBLE MEMBER.— In the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance 

under subsection (a), only one allowance may be paid to a 

member among such members as such members shall jointly 

elect. 

‘‘(3) AUTOMATIC INELIGIBILITY OF MEMBERS RECEIVING CERTAIN PAY INCREASES.—A member determined to be eligible 

under subsection (f) for the allowance under subsection (a) 

whose monthly gross household income increases as a result 

of a promotion or other permanent increase to pay or allowances 

under this title to an amount that, on an annualized basis, 

would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate 

within a reasonable time, as determined by the Secretary of 

Defense in regulations prescribed under subsection (j). 

‘‘(4) INELIGIBILITY OF CERTAIN CHANGES IN INCOME.—A 

member whose gross household income for the preceding year 

decreases because of a fine, forfeiture, or reduction in rank 

imposed as a part of disciplinary action or an action under 

chapter 47 of title 10 (the Uniform Code of Military Justice) 

is not eligible for the allowance under subsection (a) solely 

as a result of the fine, forfeiture, or reduction in rank. 

‘‘(e) APPLICATION BY MEMBERS SEEKING ALLOWANCE.— 

‘‘(1) IN GENERAL.—A member who seeks to receive the 

allowance under subsection (a) shall submit to the Secretary 

concerned an application for the allowance that includes such 

information as the Secretary may require in order to determine 

whether or not the member is eligible to receive the allowance. 

‘‘(2) TIMING OF SUBMISSION.—A member who receives the 

allowance under subsection (a) and seeks to continue to receive 

the allowance shall submit to the Secretary concerned an 

updated application under paragraph (1) at such times as the 

Secretary may require, but not less frequently than annually. 

‘‘(3) VOLUNTARY SUBMISSION.—The submission of an 

application under paragraph (1) is voluntary. 

‘‘(4) SCREENING OF MEMBERS FOR ELIGIBILITY.—The Secretary of Defense shall— 

‘‘(A) ensure that all members of the armed forces are 

screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); 

and 

Update. 

Determination. 


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‘‘(B) notify any member so screened who may be eligible 

that the member may apply for the allowance by submitting 

an application under paragraph (1). 

‘‘(f) DETERMINATIONS OF ELIGIBILITY.— 

‘‘(1) IN GENERAL.—The Secretary concerned shall— 

‘‘(A) determine which members of the armed forces 

are eligible under subsection (b); and 

‘‘(B) notify each such member, in writing, of that determination. 

‘‘(2) INFORMATION INCLUDED IN NOTICE.—The notice under 

paragraph (1) shall include information regarding financial 

management and assistance programs for which the member 

may be eligible. 

‘‘(g) ELECTION NOT TO RECEIVE ALLOWANCE.— 

‘‘(1) IN GENERAL.—A member determined under subsection 

(f) to be eligible for the allowance under subsection (a) may 

elect, in writing, not to receive the allowance. 

‘‘(2) DEEMED INELIGIBLE.—A member who does not submit 

an application under subsection (e) within a reasonable time 

(as determined by the Secretary concerned) shall be deemed 

ineligible for the allowance under subsection (a). 

‘‘(h) SPECIAL RULE FOR MEMBERS STATIONED OUTSIDE UNITED

STATES.—In the case of a member assigned to a duty location 

outside the United States, the Secretary concerned shall make 

the calculations described in subsections (b)(2) and (c)(1) using 

the Federal poverty guidelines of the Department of Health and 

Human Services for the continental United States. 

‘‘(i) REGULATIONS.—Not later than one year after the date of 

the enactment of the National Defense Authorization Act for Fiscal 

Year 2022, the Secretary of Defense shall prescribe regulations 

for the administration of this section. 

‘‘(j) EFFECTIVE PERIOD.— 

‘‘(1) IMPLEMENTATION PERIOD.—The allowance under subsection (a) is payable for months beginning on or after the 

date that is one year after the date of the enactment of the 

National Defense Authorization Act for Fiscal Year 2022. 

‘‘(2) TERMINATION.—The allowance under subsection (a) 

may not be paid for any month beginning after December 

31, 2027. 

‘‘(k) DEFINITIONS.—In this section: 

‘‘(1) GROSS HOUSEHOLD INCOME.—The term ‘gross household income’, with respect to a member of the armed forces, 

includes— 

‘‘(A) all household income, derived from any source; 

minus 

‘‘(B) in the case of a member whom the Secretary 

concerned determines resides in an area with a high cost 

of living, any portion of the basic allowance for housing 

under section 403 of this title that the Secretary concerned 

elects to exclude. 

‘‘(2) HOUSEHOLD.—The term ‘household’ means a member 

of the armed forces and any dependents of the member enrolled 

in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents.’’. 

(b) STUDY.— 

Deadline. 

Notification. 

Notification. 


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135 STAT. 1764 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) IN GENERAL.—The Secretary of Defense shall conduct 

a study on food insecurity in the Armed Forces. Results of 

such study shall include the following elements: 

(A) An analysis of food deserts that affect members 

of the Armed Forces, and their families, who live in areas 

with high costs of living. 

(B) A comparison of— 

(i) the current method employed by the Secretary 

of Defense to determine areas with high costs of living; 

(ii) local level indicators used by the Bureau of 

Labor Statistics that indicate buying power and consumer spending in specific geographic areas; 

(iii) indicators used by the Department of Agriculture in market basket analyses and other measures 

of local and regional food costs. 

(C) The feasibility of implementing a web portal for 

a member of any Armed Force to apply for the allowance 

under section 402b of title 37, United States Code, added 

by subsection (a), including— 

(i) cost; 

(ii) ease of use; 

(iii) access; 

(iv) privacy; and 

(v) any other factor the Secretary determines 

appropriate. 

(D) The development of a process to determine an 

appropriate allowance to supplement the income of members who suffer food insecurity. 

(E) Outcomes of forums with beneficiaries, military 

service organizations, and advocacy groups to elicit 

information regarding the effects of food insecurity on members and their dependents. The Secretary of Defense and 

each Secretary of a military department shall conduct at 

least one such forum, only one of which may be conducted 

in the National Capital Region. 

(F) An estimate of costs to implement each recommendation of the Secretary developed pursuant to this 

paragraph. 

(G) Any other information the Secretary determines 

appropriate. 

(2) BRIEFING.—Not later than April 1, 2022, the Secretary 

shall brief the Committees on Armed Services of the Senate 

and House of Representatives on initial findings of the study. 

(3) REPORT.—Not later than October 1, 2022, the Secretary 

shall submit to the Committees on Armed Services of the Senate 

and House of Representatives a report containing the final 

results of the study. 

(4) DEFINITIONS.—In this subsection: 

(A) The term ‘‘food desert’’ means an area, determined 

by the Secretary of Defense, where it is difficult to obtain 

affordable or high-quality fresh food. 

(B) The term ‘‘National Capital Region’’ has the 

meaning given such term in section 2674 of title 10, United 

States Code. 

(c) REPORTS ON EFFECTS OF ALLOWANCE ON FOOD INSECU- RITY.—Not later than December 31, 2025, and June 1, 2028, the 

Secretary of Defense shall submit to the congressional defense 

Deadline. 

Cost estimate. 

Determination. 

Determination. 

Determination. 

Analysis. 


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committees a report regarding the effect of the allowance under 

section 402b of title 37, United States Code, added by subsection 

(a), on food insecurity among members of the Armed Forces. 

(d) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of such title is amended by inserting after the 

item relating to section 402a the following new item: 

‘‘402b. Basic needs allowance for members on active service in the Armed Forces.’’. 

SEC. 602. EQUAL INCENTIVE PAY FOR MEMBERS OF THE RESERVE 

COMPONENTS OF THE ARMED FORCES. 

(a) IN GENERAL.—Subchapter II of chapter 5 of title 37, United 

States Code, is amended by adding at the end the following new 

section: 

‘‘§ 357. Incentive pay authorities for members of the reserve 

components of the armed forces 

‘‘Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed 

force incentive pay in the same monthly amount as that paid 

to a member in the regular component of such armed force performing comparable work requiring comparable skills.’’. 

(b) TECHNICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 356 the following: 

‘‘357. Incentive pay authorities for members of the reserve components of the armed 

forces.’’. 

(c) REPORT.—Not later than September 30, 2022, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and House of Representatives a report containing— 

(1) the plan of the Secretary to implement section 357 

of such title, as added by subsection (a); 

(2) an estimate of the costs of such implementation; 

(3) the number of members described in such section; and 

(4) any other matter the Secretary determines relevant. 

(d) IMPLEMENTATION DATE.—The Secretary may not implement 

section 357 of such title, as added by subsection (a) until after— 

(1) submission of the report under subsection (b); and 

(2) the Secretary determines and certifies in writing to 

the Committees on Armed Services of the Senate and House 

of Representatives that such implementation shall not have 

a detrimental effect on the force structure of an Armed Force 

concerned, including with regard to recruiting or retention of 

members in the regular component of such Armed Force. 

SEC. 603. EXPANSIONS OF CERTAIN TRAVEL AND TRANSPORTATION 

AUTHORITIES. 

(a) LODGING IN KIND FOR RESERVE COMPONENT MEMBERS PERFORMING TRAINING.— 

(1) IN GENERAL.—Section 12604 of title 10, United States 

Code, is amended by adding at the end the following new 

subsection: 

‘‘(c) LODGING IN KIND.—(1) In the case of a member of a 

reserve component performing active duty for training or inactiveduty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge 

Reimbursement. 

Determination. 

Certification. 

Determination. 

Cost estimate. 

Plan. 

37 USC 357 note. 

37 USC 301 prec. 

37 USC 357. 

37 USC 401 prec. 


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expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient 

government housing is unavailable or inadequate, the Secretary 

concerned may provide the member with lodging in kind. 

‘‘(2) Any payment or other benefit under this subsection shall 

be provided in accordance with regulations prescribed by the Secretary concerned. 

‘‘(3) The Secretary may pay service charge expenses under 

paragraph (1) and expenses of providing lodging in kind under 

such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government 

charge card is authorized for payment of these expenses. 

‘‘(4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall 

be made by the installation commander.’’. 

(2) CONFORMING AMENDMENT.—Section 474 of title 37, 

United States Code, is amended by striking subsection (i). 

(b) MANDATORY PET QUARANTINE FEES FOR HOUSEHOLD PETS.— 

Section 451(b)(8) of title 37, United States Code, is amended by 

adding at the end the following: ‘‘Such costs include pet quarantine 

expenses.’’. 

(c) STUDENT DEPENDENT TRANSPORTATION.— 

(1) IN GENERAL.—Section 452(b) of title 37, United States 

Code, is amended by adding at the end the following new 

paragraphs: 

‘‘(18) Travel by a dependent child to the United States 

to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location 

of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii). 

‘‘(19) Travel by a dependent child within the United States 

to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location 

of the member of the uniformed services is in Alaska or Hawaii 

and the school is located in a State outside of the permanent 

duty assignment location.’’. 

(2) DEFINITIONS.—Section 451 of title 37, United States 

Code, as amended by subsection (b) of this section, is amended— 

(A) in subsection (a)(2)(H), by adding at the end the 

following new clauses: 

‘‘(vii) Transportation of a dependent child of a 

member of the uniformed services to the United States 

to obtain formal secondary, undergraduate, graduate, 

or vocational education, if the permanent duty assignment location of the member is outside the continental 

United States (other than in Alaska or Hawaii). 

‘‘(viii) Transportation of a dependent child of a 

member of the uniformed services within the United 

States to obtain formal secondary, undergraduate, 

graduate, or vocational education, if the permanent 

duty assignment location of the member is in Alaska 

or Hawaii and the school is located in a State outside 

of the permanent duty assignment location.’’; and 

(B) in subsection (b), by adding at the end the following 

new paragraph: 

‘‘(10)(A) The term ‘permanent duty assignment location’ 

means— 

Regulations. 


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‘‘(i) the official station of a member of the uniformed 

services; or 

‘‘(ii) the residence of a dependent of a member of the 

uniformed services. 

‘‘(B) As used in subparagraph (A)(ii), the residence of a 

dependent who is a student not living with the member while 

at school is the permanent duty assignment location of the 

dependent student.’’. 

(d) DEPENDENT TRANSPORTATION INCIDENT TO SHIP CONSTRUCTION, INACTIVATION, AND OVERHAULING.— 

(1) IN GENERAL.—Section 452 of title 37, United States 

Code, as amended by subsection (c) of this section, is further 

amended— 

(A) in subsection (b), by adding at the end the following 

new paragraph: 

‘‘(20) Subject to subsection (i), travel by a dependent to 

a location where a member of the uniformed services is on 

permanent duty aboard a ship that is overhauling, inactivating, 

or under construction.’’; and 

(B) by adding at the end the following new subsection: 

‘‘(i) DEPENDENT TRANSPORTATION INCIDENT TO SHIP CONSTRUCTION, INACTIVATION, AND OVERHAULING.—The authority under subsection (a) for travel in connection with circumstances described 

in subsection (b)(20) shall be subject to the following terms and 

conditions: 

‘‘(1) The member of the uniformed services must be permanently assigned to the ship for 31 or more consecutive days 

to be eligible for allowances, and the transportation allowances 

accrue on the 31st day and every 60 days thereafter. 

‘‘(2) Transportation in kind, reimbursement for personally 

procured transportation, or a monetary allowance for mileage 

in place of the cost of transportation may be provided, in 

lieu of the member’s entitlement to transportation, for the 

member’s dependents from the location that was the home 

port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation. 

‘‘(3) The total reimbursement for transportation for the 

member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel.’’. 

(2) DEFINITIONS.—Section 451(a)(2)(H) of title 37, United 

States Code, as amended by subsection (c) of this section, 

is further amended by adding at the end the following new 

clause: 

‘‘(ix) Transportation of a dependent to a location 

where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.’’. 

(e) TECHNICAL CORRECTION.—Section 2784a(a)(3) of title 10, 

United States Code, is amended by striking ‘‘section 474’’ and 

inserting ‘‘section 452’’. 

SEC. 604. REPEAL OF EXPIRING TRAVEL AND TRANSPORTATION 

AUTHORITIES. 

(a) IN GENERAL.—Effective December 31, 2021, subchapter III 

of chapter 8 of title 37, United States Code, is repealed. 37 USC 471 prec. 

471 and note, 472, 

474–474b, 

475a–481f, 

481h–481l, 484, 

488–492, 494. 

Effective date. 

Reimbursement. 

Time periods. 


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135 STAT. 1768 PUBLIC LAW 117–81—DEC. 27, 2021 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 8 of such title is amended by striking the items 

relating to subchapter III and sections 471 through 495. 

SEC. 605. REQUIREMENTS IN CONNECTION WITH SUSPENSION OF 

RETIRED PAY AND RETIREMENT ANNUITIES. 

(a) ANNUAL ELIGIBILITY DETERMINATION PROCEDURES.—Not 

later than 180 days after the date of the enactment of this Act, 

the Secretary of Defense shall prescribe in regulations a single 

annual eligibility determination procedure for determinations of 

eligibility for military retired or retainer pay and survivor annuities 

in connection with military service as a replacement of the current 

procedures in connection with the Certificate of Eligibility and 

Report of Existence for military retirees and annuitants. 

(b) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and House of 

Representatives a report on a process by which notifications of 

the death of a military retiree or annuitant may be determined 

with respect to the termination of eligibility for benefits. 

SEC. 606. REPORT ON RELATIONSHIP BETWEEN BASIC ALLOWANCE 

FOR HOUSING AND SIZES OF MILITARY FAMILIES. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and House of Representatives 

a report on whether the basic allowance for housing under section 

403 of title 37, United States Code, is sufficient for the average 

family size of members of the Armed Forces, disaggregated by 

rank and military housing area. 

SEC. 607. REPORT ON CERTAIN MOVING EXPENSES FOR MEMBERS 

OF THE ARMED FORCES. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and House of Representatives 

a report on moving expenses incurred by members of the Armed 

Forces and their families that exceed such expenses covered by 

the Joint Travel Regulations for the Uniformed Services, 

disaggregated by Armed Force, rank, and military housing area. 

In such report, the Secretary shall examine the root causes of 

such expenses. 

SEC. 608. REPORT ON TEMPORARY LODGING EXPENSES IN COMPETITIVE HOUSING MARKETS. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and House of Representatives 

a report on the appropriateness of the maximum payment period 

of 10 days under subsection (c) of section 474a of title 37, United 

States Code in highly competitive housing markets. Such report 

shall include how the Secretary educates members of the Armed 

Forces and their families about their ability to request payment 

under such section. 

SEC. 609. REPORT ON RENTAL PARTNERSHIP PROGRAMS. 

Not later than 120 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the Committees 

Examination. 

Deadline. 

Regulations. 

10 USC 1401 

note. 

37 USC 451 prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1769 

on Armed Services of the Senate and House of Representatives 

a report on the rental partnership programs of the Armed Forces. 

Such report shall include— 

(1) the numbers and percentages of members of the Armed 

Forces who do not live in housing located on military installations who participate in such programs; and 

(2) the recommendation of the Secretary whether Congress 

should establish annual funding for such programs and, if 

so, what in amounts. 

Subtitle B—Bonus and Incentive Pays 

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND 

SPECIAL PAY AUTHORITIES. 

(a) AUTHORITIES RELATING TO RESERVE FORCES.—Section 910(g) 

of title 37, United States Code, relating to income replacement 

payments for reserve component members experiencing extended 

and frequent mobilization for active duty service, is amended by 

striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2022’’. 

(b) TITLE 10 AUTHORITIES RELATING TO HEALTH CARE PROFESSIONALS.—The following sections of title 10, United States Code, 

are amended by striking ‘‘December 31, 2021’’ and inserting 

‘‘December 31, 2022’’: 

(1) Section 2130a(a)(1), relating to nurse officer candidate 

accession program. 

(2) Section 16302(d), relating to repayment of education 

loans for certain health professionals who serve in the Selected 

Reserve. 

(c) AUTHORITIES RELATING TO NUCLEAR OFFICERS.—Section 

333(i) of title 37, United States Code, is amended by striking 

‘‘December 31, 2021’’ and inserting ‘‘December 31, 2022’’. 

(d) AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL

PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.—The following sections of title 37, United States Code, are amended by striking 

‘‘December 31, 2021’’ and inserting ‘‘December 31, 2022’’: 

(1) Section 331(h), relating to general bonus authority for 

enlisted members. 

(2) Section 332(g), relating to general bonus authority for 

officers. 

(3) Section 334(i), relating to special aviation incentive 

pay and bonus authorities for officers. 

(4) Section 335(k), relating to special bonus and incentive 

pay authorities for officers in health professions. 

(5) Section 336(g), relating to contracting bonus for cadets 

and midshipmen enrolled in the Senior Reserve Officers’ 

Training Corps. 

(6) Section 351(h), relating to hazardous duty pay. 

(7) Section 352(g), relating to assignment pay or special 

duty pay. 

(8) Section 353(i), relating to skill incentive pay or proficiency bonus. 

(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high 

priority units. 

(e) AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES

OF BASIC ALLOWANCE FOR HOUSING.—Section 403(b)(7)(E) of title 

Recommendations. 


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135 STAT. 1770 PUBLIC LAW 117–81—DEC. 27, 2021 

37, United States Code, is amended by striking ‘‘December 31, 

2021’’ and inserting ‘‘December 31, 2022’’. 

Subtitle C—Family and Survivor Benefits 

SEC. 621. EXTENSION OF PAID PARENTAL LEAVE. 

(a) IN GENERAL.—Section 701 of title 10, United States Code, 

is amended— 

(1) in subsection (i)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘a member’’ 

and all that follows through the period at the end 

and inserting the following: ‘‘a member of the armed 

forces described in paragraph (2) is allowed up to a 

total of 12 weeks of parental leave during the oneyear period beginning after the following events: 

‘‘(i) The birth or adoption of a child of the member 

and in order to care for such child. 

‘‘(ii) The placement of a minor child with the 

member for adoption or long-term foster care.’’; and 

(ii) by striking subparagraph (B) and inserting 

the following: 

‘‘(B)(i) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may 

authorize leave described under subparagraph (A) to be 

taken after the one-year period described in such paragraph 

in the case of a member described in paragraph (2) who, 

except for this subparagraph, would lose unused parental 

leave at the end of the one-year period described in 

subparagraph (A) as a result of— 

‘‘(I) operational requirements; 

‘‘(II) professional military education obligations; or 

‘‘(III) other circumstances that the Secretary determines reasonable and appropriate. 

‘‘(ii) The regulations prescribed under clause (i) shall 

require that any leave authorized to be taken after the 

one-year period described in subparagraph (A) shall be 

taken within a reasonable period of time, as determined 

by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline.’’; 

(B) by striking paragraphs (3), (8), and (10) and 

redesignating paragraphs (4), (5), (6), (7), and (9) as paragraphs (3), (4), (5), (6), and (7), respectively; 

(C) in paragraph (3), as redesignated by subparagraph 

(B), by striking the matter preceding the em dash and 

inserting ‘‘A member who has given birth may receive 

medical convalescent leave in conjunction with such birth. 

Medical convalescent leave in excess of the leave under 

paragraph (1) may be authorized if such additional medical 

convalescent leave’’; 

(D) in paragraph (4), as so redesignated, by striking 

‘‘paragraphs (1) and (4)’’ and inserting ‘‘paragraphs (1) 

and (3)’’; 

(E) in paragraph (5)(A), as so redesignated, by inserting 

‘‘, subject to the exceptions in paragraph (1)(B)(ii)’’ after 

‘‘shall be forfeited’’; and 

Requirements. 

Determination. 

Time period. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1771 

(F) in paragraph (7)(B), as so redesignated, by striking 

‘‘paragraph (4)’’ and inserting ‘‘paragraph (3)’’; 

(2) by striking subsection (j) and redesignating subsections 

(k) and (l) as subsections (j) and (k), respectively; and 

(3) by adding at the end the following new subsection 

(l): 

‘‘(l) A member of the armed forces who gives birth while on 

active duty may be required to meet body composition standards 

or pass a physical fitness test during the period of 12 months 

beginning on the date of such birth only with the approval of 

a health care provider employed at a military medical treatment 

facility and— 

‘‘(1) at the election of such member; or 

‘‘(2) in the interest of national security, as determined 

by the Secretary of Defense.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect one year after the date of the enactment 

of this Act. 

(c) REGULATIONS.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall prescribe 

regulations implementing the amendments made by subsection (a). 

(d) REPORTING.—Not later than January 1, 2023, and annually 

thereafter, each Secretary of a military department shall submit, 

to the Committees on Armed Services of the Senate and House 

of Representatives, a report regarding the use, during the preceding 

fiscal year, of leave under subsections (i) and (j) of section 701 

of such title, as amended by subsection (a), disaggregated by births, 

adoptions, and foster placements, including the number of members 

of the Armed Forces who— 

(1) used the maximum amount of primary caregiver leave; 

and 

(2) used leave in multiple increments. 

SEC. 622. BEREAVEMENT LEAVE FOR MEMBERS OF THE ARMED 

FORCES. 

(a) IN GENERAL.—Section 701 of title 10, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(m)(1)(A) Under regulations prescribed by the Secretary of 

Defense, a member of the armed forces described in subparagraph 

(B) is allowed up to two weeks of leave to be used in connection 

with the death of an immediate family member. 

‘‘(B) Subparagraph (A) applies to the following members: 

‘‘(A) A member on active duty. 

‘‘(B) A member of a reserve component performing active 

Guard and Reserve duty. 

‘‘(C) A member of a reserve component subject to an active 

duty recall or mobilization order in excess of 12 months. 

‘‘(2) Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph (1) shall not have 

his or her leave account reduced as a result of taking such leave 

if such member’s accrued leave is fewer than 30 days. Members 

with 30 or more days of accrued leave shall be charged for bereavement leave until such point that the member’s accrued leave is 

less than 30 days. Any remaining bereavement leave taken by 

such member in accordance with paragraph (1) after such point 

shall not be chargeable to the member. 

Time period. 

Applicability. 

Time period. 

10 USC 701 note. 

Deadline. 

10 USC 701 note. 

10 USC 701 note. 

Time period. 


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135 STAT. 1772 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(3) In this section, the term ‘immediate family member’, with 

respect to a member of the armed forces, means— 

‘‘(A) the member’s spouse; or 

‘‘(B) a child of the member.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect 180 days after the date of the enactment of this 

Act. 

SEC. 623. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY 

MEMBERS TO ATTEND THE FUNERAL AND MEMORIAL 

SERVICES OF MEMBERS. 

Section 452(b) of title 37, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(18) Presence of family members at the funeral and memorial services of members.’’. 

SEC. 624. EXPANSION OF PILOT PROGRAM TO PROVIDE FINANCIAL 

ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR 

IN-HOME CHILD CARE. 

Section 589(b) of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The Secretary may carry out the pilot program at other 

locations the Secretary determines appropriate.’’. 

SEC. 625. PILOT PROGRAM ON DIRECT HIRE AUTHORITY FOR SPOUSES 

OF MEMBERS OF THE UNIFORMED SERVICES AT LOCATIONS OUTSIDE THE UNITED STATES. 

(a) IN GENERAL.—The Secretary of Defense may carry out a 

pilot program to assess the feasibility and advisability of using 

the authority under subsection (b) to hire spouses of members 

of the uniformed services at locations outside the United States. 

(b) AUTHORITY.—In carrying out the pilot program under this 

section, the Secretary may appoint, without regard to the provisions 

of subchapter I of chapter 33 of title 5, United States Code (other 

than sections 3303 and 3328 of such chapter), a spouse of a member 

of the uniformed services stationed at a duty location outside the 

United States to a position described in subsection (c) if— 

(1) the spouse has been authorized to accompany the 

member to the duty location at Government expense; and 

(2) the duty location is within reasonable commuting distance, as determined by the Secretary concerned, of the location 

of the position. 

(c) POSITION DESCRIBED.—A position described in this subsection is a competitive service position within the Department 

of Defense that is located outside the United States. 

(d) TERM OF APPOINTMENT.— 

(1) IN GENERAL.—An appointment made under this section 

shall be for a term not exceeding two years. 

(2) RENEWAL.—The Secretary of Defense may renew an 

appointment made under this section for not more than two 

additional terms, each not exceeding two years. 

(3) TERMINATION.—An appointment made under this section shall terminate on the date on which the member of 

the uniformed services relocates back to the United States 

in connection with a permanent change of station. 

Appointments. 

Assessment. 

10 USC 1784 

note. 

Determination. 

10 USC 1791 

note. 

10 USC 701 note. 

Definition. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1773 

(e) PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES.— Nothing in this section may be construed to authorize additional 

travel or transportation allowances in connection with an appointment made under this section. 

(f) RELATIONSHIP TO OTHER LAW.—Nothing in this section may 

be construed to interfere with— 

(1) the authority of the President under section 3304 of 

title 5, United States Code; 

(2) the authority of the President under section 1784 of 

title 10, United States Code; 

(3) the ability of the head of an agency to make noncompetitive appointments pursuant to section 3330d of title 5, United 

States Code; or 

(4) any obligation under any applicable treaty, status of 

forces agreement, or other international agreement between 

the United States Government and the government of the 

country in which the position is located. 

(g) REPORTS REQUIRED.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, and annually thereafter, the 

Secretary of Defense shall submit to the appropriate committees 

of Congress a report setting forth the following: 

(A) The number of individuals appointed under this 

section. 

(B) The position series and grade to which each individual described in subparagraph (A) was appointed. 

(C) Demographic data on the individuals described in 

subparagraph (A), including with respect to race, gender, 

age, and education level attained. 

(D) Data on the members of the uniformed services 

whose spouses have been appointed under this section, 

including the rank of each such member. 

(E) Such recommendations for legislative or administrative action as the Secretary considers appropriate 

relating to continuing or expanding the pilot program. 

(2) FINAL REPORT.—Not later than December 31, 2026, 

the Secretary shall submit to the appropriate committees of 

Congress a final report setting forth the information under 

paragraph (1). 

(h) TERMINATION.—The pilot program under this section shall 

terminate on December 31, 2026. 

(i) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs 

of the Senate; and 

(B) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives. 

(2) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’— 

(A) has the meaning given the term in section 101(a)(9) 

of title 10, United States Code; and 

(B) includes— 

(i) the Secretary of Commerce, with respect to 

matters concerning the commissioned officer corps of 

Recommendations. 

Data. 


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135 STAT. 1774 PUBLIC LAW 117–81—DEC. 27, 2021 

the National Oceanic and Atmospheric Administration; 

and 

(ii) the Secretary of Health and Human Services, 

with respect to matters concerning the commissioned 

corps of the Public Health Service. 

(3) UNIFORMED SERVICES.—The term ‘‘uniformed services’’ 

has the meaning given the term in section 101(a)(5) of title 

10, United States Code. 

(4) UNITED STATES.—The term ‘‘United States’’ has the 

meaning given that term in section 101(a)(1) of title 10, United 

States Code. 

SEC. 626. CASUALTY ASSISTANCE PROGRAM: REFORM; ESTABLISHMENT OF WORKING GROUP. 

(a) CASUALTY ASSISTANCE REFORM WORKING GROUP.— (1) ESTABLISHMENT.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall establish a working group to be known as the ‘‘Casualty 

Assistance Reform Working Group’’ (in this section referred 

to as the ‘‘Working Group’’). 

(2) DUTIES.—The Working Group shall perform the following duties: 

(A) Create standards and training for CAOs across 

the military departments. 

(B) Explore the possibility of establishing a unique 

badge designation for— 

(i) CAOs who have performed CAO duty more than 

five times; or 

(ii) professional CAOs. 

(C) Examine the current workflow of casualty affairs 

support across the military departments, including 

administrative processes and survivor engagements. 

(D) Perform a gap analysis and solution document 

that clearly identifies and prioritizes critical changes to 

modernize and professionalize the casualty experience for 

survivors. 

(E) Review the organization of the Office of Casualty, 

Mortuary Affairs and Military Funeral Honors to ensure 

it is positioned to coordinate policy and assist in all matters 

under its jurisdiction, across the Armed Forces, including 

any potential intersections with the Defense Prisoner of 

War and Missing in Action Accounting Agency. 

(F) Explore the establishment of— 

(i) an annual meeting, led by the Secretary of 

Defense, with gold star families; and 

(ii) a surviving and gold star family leadership 

council. 

(G) Recommend improvements to the family notification process of Arlington National Cemetery. 

(H) Explore the redesign of the Days Ahead Binder, 

including creating an electronic version. 

(I) Consider the expansion of the DD Form 93 to 

include more details regarding the last wishes of the 

deceased member. 

(J) Assess coordination between the Department of 

Defense and the Office of Survivors Assistance of the 

Department of Veterans Affairs. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1775 

(3) MEMBERSHIP.—The membership of the Working Group 

shall be composed of the following: 

(A) The Under Secretary of Defense for Personnel and 

Readiness, who shall serve as Chair of the Working Group. 

(B) At least one person furnished with a gold star 

lapel button under section 1126 of title 10, United States 

Code, by each Secretary of a military department. 

(C) Other members of the Armed Forces or civilian 

employees of the Department of Defense, appointed by 

the Secretary of Defense, based on knowledge of, and 

experience with, matters described in paragraph (2). 

(4) REPORT.—Not later than September 30, 2022, the 

Working Group shall submit to the Secretary of Defense a 

report containing the determinations and recommendations of 

the Working Group. 

(5) TERMINATION.—The Working Group shall terminate 

upon submission of the report under paragraph (4). 

(b) REPORT REQUIRED.—Not later than November 1, 2022, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

setting forth the results of a review and assessment of the casualty 

assistance officer program, including the report of the Working 

Group. 

(c) ESTABLISHMENT OF CERTAIN DEFINITIONS.—Not later than 

one year after the date of the enactment of this Act, the Secretary 

of Defense, in coordination with the Secretaries of the military 

departments, shall publish an interim rule that establishes standard 

definitions, for use across the military departments, of the terms 

‘‘gold star family’’ and ‘‘gold star survivor’’. 

(d) CAO DEFINED.—In this section, the term ‘‘CAO’’ means 

a casualty assistance officer of the Armed Forces. 

Subtitle D—Defense Resale Matters 

SEC. 631. ADDITIONAL SOURCES OF FUNDS AVAILABLE FOR 

CONSTRUCTION, REPAIR, IMPROVEMENT, AND MAINTENANCE OF COMMISSARY STORES. 

Section 2484(h) of title 10, United States Code, is amended— 

(1) in paragraph (5), by adding at the end the following 

new subparagraphs: 

‘‘(F) Amounts made available for any purpose set forth 

in paragraph (1) pursuant to an agreement with a host nation. 

‘‘(G) Amounts appropriated for repair or reconstruction of 

a commissary store in response to a disaster or emergency.’’; 

and 

(2) by adding at the end the following new paragraph: 

‘‘(6) Revenues made available under paragraph (5) for the purposes set forth in paragraphs (1), (2), and (3) may be supplemented 

with additional funds derived from— 

‘‘(A) improved management practices implemented pursuant to sections 2481(c)(3), 2485(b), and 2487(c) of this title; 

and 

‘‘(B) the variable pricing program implemented pursuant 

to subsection (i).’’. 

Deadline. 

Coordination. 

Publication. 

Regulations. 

10 USC 101 note. 

Review. 

Assessment. 

Determinations. 

Recommendations. 

Appointments. 


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135 STAT. 1776 PUBLIC LAW 117–81—DEC. 27, 2021 

Subtitle E—Miscellaneous Rights and 

Benefits 

SEC. 641. ALEXANDER LOFGREN VETERANS IN PARKS PROGRAM. 

Section 805 of the Federal Lands Recreation Enhancement 

Act (Public Law 108–447; 118 Stat. 3385; 16 U.S.C. 6804) is 

amended— 

(1) in subsection (a)(4), by striking ‘‘age and disability 

discounted’’ and inserting ‘‘age discount and lifetime’’; and 

(2) in subsection (b)— 

(A) in the heading, by striking ‘‘DISCOUNTED’’ and 

inserting ‘‘FREE AND DISCOUNTED’’; 

(B) in paragraph (2)— 

(i) in the heading, by striking ‘‘DISABILITY DISCOUNT’’ and inserting ‘‘LIFETIME PASSES’’; and 

(ii) by striking subparagraph (B) and inserting 

the following: 

‘‘(B) Any veteran who provides adequate proof of military service as determined by the Secretary. 

‘‘(C) Any member of a Gold Star Family who meets 

the eligibility requirements of section 3.2 of Department 

of Defense Instruction 1348.36 (or a successor instruction).’’; 

and 

(C) in paragraph (3)— 

(i) in the heading, by striking ‘‘GOLD STAR FAMILIES

PARKS PASS’’ and inserting ‘‘ANNUAL PASSES’’; and 

(ii) by striking ‘‘members of’’ and all that follows 

through the end of the sentence and inserting ‘‘members of the Armed Forces and their dependents who 

provide adequate proof of eligibility for such pass as 

determined by the Secretary.’’. 

TITLE VII—HEALTH CARE PROVISIONS 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Eating disorders treatment for certain members of the Armed Forces and 

dependents. Sec. 702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program. Sec. 703. Revisions to TRICARE provider networks. 

Sec. 704. Self-initiated referral process for mental health evaluations of members 

of the Armed Forces. 

Sec. 705. Modifications to pilot program on health care assistance system. 

Sec. 706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program. Sec. 707. Improvement of postpartum care for members of the Armed Forces and 

dependents. 

Subtitle B—Health Care Administration 

Sec. 711. Modification of certain Defense Health Agency organization requirements. 

Sec. 712. Requirement for consultations relating to military medical research and 

Defense Health Agency Research and Development. Sec. 713. Authorization of program to prevent fraud and abuse in the military 

health system. Sec. 714. Authority of Secretary of Defense and Secretary of Veterans Affairs to 

enter into agreements for planning, design, and construction of facilities 

to be operated as shared medical facilities. Sec. 715. Extension of authority for Joint Department of Defense-Department of 

Veterans Affairs Medical Facility Demonstration Fund. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1777 

Sec. 716. Establishment of Department of Defense system to track and record information on vaccine administration. 

Sec. 717. Exemption from required physical examination and mental health assessment for certain members of the reserve components. Sec. 718. Authorization of provision of instruction at Uniformed Services University 

of the Health Sciences to certain Federal employees. Sec. 719. Removal of requirement for one year of participation in certain medical 

and lifestyle incentive programs of the Department of Defense to receive 

benefits under such programs. Sec. 720. Department of Defense standards for exemptions from mandatory 

COVID–19 vaccines. 

Sec. 721. Establishment of centers of excellence for enhanced treatment of ocular 

injuries. Sec. 722. Implementation of integrated product for management of population 

health across military health system. Sec. 723. Digital health strategy of Department of Defense. 

Sec. 724. Development and update of certain policies relating to military health 

system and integrated medical operations. Sec. 725. Mandatory training on health effects of burn pits. 

Sec. 726. Standardization of definitions used by the Department of Defense for 

terms related to suicide. 

Subtitle C—Reports and Other Matters 

Sec. 731. Modifications and reports related to military medical manning and medical billets. 

Sec. 732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and 

treatment of anomalous health conditions. 

Sec. 733. Pilot program on cardiac screening at certain military service academies. 

Sec. 734. Pilot program on assistance for mental health appointment scheduling at 

military medical treatment facilities. Sec. 735. Prohibition on availability of funds for certain research connected to 

China. 

Sec. 736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine. 

Sec. 737. Independent analysis of Department of Defense Comprehensive Autism 

Care Demonstration program. Sec. 738. Independent review of suicide prevention and response at military installations. 

Sec. 739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam. 

Sec. 740. Study on incidence of breast cancer among members of the Armed Forces 

serving on active duty. Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record program. Sec. 742. Comptroller General study on implementation by Department of Defense 

of recent statutory requirements to reform the military health system. Sec. 743. Study to determine need for a joint fund for Federal Electronic Health 

Record Modernization Office. 

Sec. 744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes. Sec. 745. Briefing on substance abuse in the Armed Forces. 

Subtitle A—TRICARE and Other Health 

Care Benefits 

SEC. 701. EATING DISORDERS TREATMENT FOR CERTAIN MEMBERS 

OF THE ARMED FORCES AND DEPENDENTS. 

(a) EATING DISORDERS TREATMENT FOR CERTAIN DEPENDENTS.—Section 1079 of title 10, United States Code, is amended— 

(1) in subsection (a), by adding at the end the following 

new paragraph: 

‘‘(18) Treatment for eating disorders may be provided in 

accordance with subsection (r).’’; and 

(2) by adding at the end the following new subsection: 

‘‘(r)(1) The provision of health care services for an eating disorder under subsection (a)(18) may include the following services: 


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‘‘(A) Outpatient services for in-person or telehealth care, 

including partial hospitalization services and intensive outpatient services. 

‘‘(B) Inpatient services, which shall include residential services only if medically indicated for treatment of a primary 

diagnosis of an eating disorder. 

‘‘(2) A dependent provided health care services for an eating 

disorder under subsection (a)(18) shall be provided such services 

without regard to— 

‘‘(A) the age of the dependent, except with respect to residential services under paragraph (1)(B), which may be provided 

only to a dependent who is not eligible for hospital insurance 

benefits under part A of title XVIII of the Social Security 

Act (42 U.S.C. 1395c et seq.); and 

‘‘(B) except as otherwise specified in paragraph (1)(B), 

whether the eating disorder is the primary or secondary diagnosis of the dependent. 

‘‘(3) In this section, the term ‘eating disorder’ has the meaning 

given the term ‘feeding and eating disorders’ in the Diagnostic 

and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.’’. 

(b) LIMITATION WITH RESPECT TO RETIREES.— 

(1) IN GENERAL.—Section 1086(a) of title 10, United States 

Code, is amended by inserting ‘‘and (except as provided in 

subsection (i)) treatments for eating disorders’’ after ‘‘eye 

examinations’’. 

(2) EXCEPTION.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(i) If, prior to October 1, 2022, a category of persons covered 

by this section was eligible to receive a specific type of treatment 

for eating disorders under a plan contracted for under subsection 

(a), the general prohibition on the provision of treatments for eating 

disorders specified in such subsection shall not apply with respect 

to the provision of the specific type of treatment to such category 

of persons.’’. 

(c) IDENTIFICATION AND TREATMENT OF EATING DISORDERS FOR

MEMBERS OF THE ARMED FORCES.— 

(1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, is amended by— 

(A) redesignating section 1090a as section 1090b; and 

(B) inserting after section 1090 the following new section: 

‘‘§ 1090a. Identifying and treating eating disorders. 

‘‘(a) IDENTIFICATION, TREATMENT, AND REHABILITATION.—The 

Secretary of Defense, and the Secretary of Homeland Security with 

respect to the Coast Guard when it is not operating as a service 

in the Navy, shall prescribe regulations, implement procedures 

using each practical and available method, and provide necessary 

facilities to identify, treat, and rehabilitate members of the armed 

forces who have an eating disorder. 

‘‘(b) FACILITIES AVAILABLE.—(1) In this section, the term ‘necessary facilities’ includes facilities that provide the services specified 

in section 1079(r)(1) of this title. 

‘‘(2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section 

only if the member has a primary diagnosis of an eating disorder 

Definition. 

Regulations. 

Procedures. 

10 USC 1090a. 

Definition. 


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and treatment at such facility is medically indicated for treatment 

of that eating disorder. 

‘‘(c) EATING DISORDER DEFINED.—In this section, the term 

‘eating disorder’ has the meaning given that term in section 1079(r) 

of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 55 of title 10, United States Code, is 

amended by striking the item relating to section 1090a and 

inserting the following new items: 

‘‘1090a. Identifying and treating eating disorders. 

‘‘1090b. Commanding officer and supervisor referrals of members for mental health 

evaluations.’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2022. 

SEC. 702. ADDITION OF PRECONCEPTION AND PRENATAL CARRIER 

SCREENING COVERAGE AS BENEFITS UNDER TRICARE 

PROGRAM. 

Section 1079(a) of title 10, United States Code, as amended 

by section 701, is further amended by adding at the end the following new paragraph: 

‘‘(19) Preconception and prenatal carrier screening tests 

shall be provided to eligible covered beneficiaries, with a limit 

per beneficiary of one test per condition per lifetime, for the 

following conditions: 

‘‘(A) Cystic Fibrosis. 

‘‘(B) Spinal Muscular Atrophy. 

‘‘(C) Fragile X Syndrome. 

‘‘(D) Tay-Sachs Disease. 

‘‘(E) Hemoglobinopathies. 

‘‘(F) Conditions linked with Ashkenazi Jewish 

descent.’’. 

SEC. 703. REVISIONS TO TRICARE PROVIDER NETWORKS. 

(a) TRICARE SELECT.—Section 1075 of title 10, United States 

Code, is amended— 

(1) by redesignating subsection (h) as subsection (i); and 

(2) by inserting after subsection (g) the following new subsection (h): 

‘‘(h) AUTHORITY FOR MULTIPLE NETWORKS IN THE SAME

GEOGRAPHIC AREA.—(1) The Secretary may establish a system of 

multiple networks of providers under TRICARE Select in the same 

geographic area or areas. 

‘‘(2) Under a system established under paragraph (1), the Secretary may— 

‘‘(A) require a covered beneficiary enrolling in TRICARE 

Select to enroll in a specific provider network established pursuant to such system, in which case any provider not in that 

specific provider network shall be deemed an out-of-network 

provider with respect to the covered beneficiary (regardless 

of whether the provider is in a different TRICARE Select provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care 

services to those provided by network providers under the 

TRICARE program; and 

‘‘(B) include beneficiaries covered by subsection (c)(2).’’. 

(b) TRICARE PRIME.—Section 1097a of such title is amended— 

(1) by redesignating subsection (e) as subsection (f); and 

Requirements. 

10 USC 1079 

note. 

10 USC 1071 

prec. 


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(2) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) AUTHORITY FOR MULTIPLE NETWORKS IN THE SAME

GEOGRAPHIC AREA.—(1) The Secretary may establish a system of 

multiple networks of providers under TRICARE Prime in the same 

geographic area or areas. 

‘‘(2) Under a system established under paragraph (1), the Secretary may require a covered beneficiary enrolling in TRICARE 

Prime to enroll in a specific provider network established pursuant 

to such system, in which case any provider not in that specific 

provider network shall be deemed an out-of-network provider with 

respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Prime provider network) for purposes of this section or any other provision of law limiting the 

coverage or provision of health care services to those provided 

by network providers under the TRICARE program.’’. 

SEC. 704. SELF-INITIATED REFERRAL PROCESS FOR MENTAL HEALTH 

EVALUATIONS OF MEMBERS OF THE ARMED FORCES. 

Section 1090a of title 10, United States Code, is amended— 

(1) in subsection (c), by inserting ‘‘or is required to make 

such a referral pursuant to the process described in subsection 

(e)(1)(A)’’ after ‘‘mental health evaluation’’; 

(2) by redesignating subsection (e) as subsection (g); and 

(3) by inserting after subsection (d) the following new subsections: 

‘‘(e) SELF-INITIATED REFERRAL PROCESS.—(1) The regulations 

required by subsection (a) shall, with respect to a member of the 

armed forces— 

‘‘(A) provide for a self-initiated process that enables the 

member to trigger a referral for a mental health evaluation 

by requesting such a referral from a commanding officer or 

supervisor who is in a grade above E-5; 

‘‘(B) ensure the function of the process described in 

subparagraph (A) by— 

‘‘(i) requiring the commanding officer or supervisor of 

the member to refer the member to a mental health provider for a mental health evaluation as soon as practicable 

following the request of the member (including by providing 

to the mental health provider the name and contact 

information of the member and providing to the member 

the date, time, and place of the scheduled mental health 

evaluation); and 

‘‘(ii) ensure the member may request a referral pursuant to subparagraph (A) on any basis (including on the 

basis of a concern relating to fitness for duty, occupational 

requirements, safety issues, significant changes in performance, or behavioral changes that may be attributable to 

possible changes in mental status); and 

‘‘(C) ensure that the process described in subparagraph 

(A)— 

‘‘(i) reduces stigma in accordance with subsection (b), 

including by treating referrals for mental health evaluations made pursuant to such process in a manner similar 

to referrals for other medical services, to the maximum 

extent practicable; and 

Requirement. 

Requirements. 


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‘‘(ii) protects the confidentiality of the member to the 

maximum extent practicable, in accordance with requirements for the confidentiality of health information under 

the Health Insurance Portability and Accountability Act 

of 1996 (Public Law 104–191) and applicable privacy laws. 

‘‘(2) In making a referral for an evaluation of a member of 

the armed forces triggered by a request made pursuant to the 

process described in paragraph (1)(A), if the member has made 

such a request on the basis of a concern that the member is 

a potential or imminent danger to self or others, the commanding 

officer or supervisor of the member shall observe the following 

principles: 

‘‘(A) With respect to safety, if the commander or supervisor 

determines the member is exhibiting dangerous behavior, the 

first priority of the commander or supervisor shall be to ensure 

that precautions are taken to protect the safety of the member, 

and others, prior to the arrival of the member at the location 

of the evaluation. 

‘‘(B) With respect to communication, prior to such arrival, 

the commander or supervisor shall communicate to the provider 

to which the member is being referred (in a manner and to 

an extent consistent with paragraph (1)(C)(ii)), information on 

the circumstances and observations that led to— 

‘‘(i) the member requesting the referral; and 

‘‘(ii) the commander or supervisor making such referral 

based on the request. 

‘‘(f) ANNUAL TRAINING REQUIREMENT.—On an annual basis, 

each Secretary concerned shall provide to the members of the Armed 

Forces under the jurisdiction of such Secretary a training on how 

to recognize personnel who may require mental health evaluations 

on the basis of the individual being an imminent danger to self 

or others, as demonstrated by the behavior or apparent mental 

state of the individual.’’. 

SEC. 705. MODIFICATIONS TO PILOT PROGRAM ON HEALTH CARE 

ASSISTANCE SYSTEM. 

Section 731(d) of the National Defense Authorization Act for 

Fiscal Year 2018 (10 U.S.C. 1075 note) is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘January 1, 2021’’ and inserting ‘‘November 1, 2022’’; 

(2) in paragraph (1), by striking ‘‘; and’’ and inserting 

a semicolon; 

(3) in paragraph (2), by striking the period and inserting 

‘‘; and’’; and 

(4) by adding at the end the following new paragraph: 

‘‘(3) input from covered beneficiaries who have participated 

in the pilot program regarding their satisfaction with, and 

any benefits attained from, such participation.’’. 

SEC. 706. MODIFICATION OF PILOT PROGRAM ON RECEIPT OF NONGENERIC PRESCRIPTION MAINTENANCE MEDICATIONS 

UNDER TRICARE PHARMACY BENEFITS PROGRAM. 

Section 706 of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended— 

(1) in subsection (a)(1), by striking ‘‘may carry out’’ and 

inserting ‘‘shall carry out’’; 

10 USC 1074g 

note. 

Determination. 


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(2) in subsection (b), by striking ‘‘March 1, 2021’’ and 

inserting ‘‘March 1, 2022’’; 

(3) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; 

(4) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) REIMBURSEMENT.—If the Secretary carries out the pilot 

program under subsection (a)(1), reimbursement of retail pharmacies for medication under the pilot program may not exceed 

the amount of reimbursement paid to the national mail-order pharmacy program under section 1074g of title 10, United States Code, 

for the same medication, after consideration of all manufacturer 

discounts, refunds, rebates, pharmacy transaction fees, and other 

costs.’’; and 

(5) in subsection (f), as redesignated by paragraph (3)— 

(A) by striking paragraph (1) and inserting the following new paragraph (1): 

‘‘(1) BRIEFING.—Not later than 90 days after the date of 

the enactment of the National Defense Authorization Act for 

Fiscal Year 2022, the Secretary shall provide to the Committees 

on Armed Services of the House of Representatives and the 

Senate a briefing on the implementation of the pilot program 

under subsection (a)(1) or on the determination of the Secretary 

under subsection (a)(2) that the Secretary is not permitted 

to carry out the pilot program.’’; and 

(B) in paragraph (3)(A), by striking ‘‘March 1, 2024’’ 

and inserting ‘‘March 1, 2025’’. 

SEC. 707. IMPROVEMENT OF POSTPARTUM CARE FOR MEMBERS OF 

THE ARMED FORCES AND DEPENDENTS. 

(a) CLINICAL PRACTICE GUIDELINES FOR POSTPARTUM CARE IN

MILITARY MEDICAL TREATMENT FACILITIES.—Not later than 180 

days after the date of the enactment of this Act, the Secretary 

of Defense shall establish clinical practice guidelines for the provision of postpartum care in military medical treatment facilities. 

Such guidelines shall take into account the recommendations of 

established professional medical associations and address the following matters: 

(1) Postpartum mental health assessments, including the 

appropriate intervals for furnishing such assessments and 

screening questions for such assessments (including questions 

relating to postpartum anxiety and postpartum depression). 

(2) Pelvic health evaluation and treatment, including the 

appropriate timing for furnishing a medical evaluation for pelvic 

health, considerations for providing consultations for physical 

therapy for pelvic health (including pelvic floor health), and 

the appropriate use of telehealth services. 

(3) Pelvic health rehabilitation services. 

(4) Obstetric hemorrhage treatment, including through the 

use of pathogen reduced resuscitative products. 

(b) POLICY ON SCHEDULING OF APPOINTMENTS FOR POSTPARTUM

HEALTH CARE SERVICES.— 

(1) POLICY REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall establish 

a policy for the scheduling of appointments for postpartum 

health care services in military medical treatment facilities. 

In developing the policy, the Secretary shall consider the extent 

Evaluations. 

Consultations. 

Assessments. 

Deadlines. 

10 USC 1071 

note. 

Deadline. 


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to which it is appropriate to facilitate concurrent scheduling 

of appointments for postpartum care with appointments for 

well-baby care. 

(2) PILOT PROGRAM AUTHORIZED.—The Secretary may carry 

out a pilot program in one or more military medical treatment 

facilities to evaluate the effect of concurrent scheduling, to 

the degree clinically appropriate, of the appointments specified 

in paragraph (1). 

(c) POLICY ON POSTPARTUM PHYSICAL FITNESS TESTS AND BODY

COMPOSITION ASSESSMENTS.—Not later than 180 days after the 

date of enactment of this Act, the Secretary shall establish a policy, 

which shall be standardized across each Armed Force to the extent 

practicable, for the time periods after giving birth that a member 

of the Armed Forces (including the reserve components) may be 

excused from, or provided an alternative to, a physical fitness 

test or a body composition assessment. 

(d) BRIEFING.—Not later than 270 days after the date of enactment of this Act, the Secretary shall provide to the Committees 

on Armed Services of the House of Representatives and the Senate 

a briefing on the implementation of the requirements under this 

section. 

Subtitle B—Health Care Administration 

SEC. 711. MODIFICATION OF CERTAIN DEFENSE HEALTH AGENCY 

ORGANIZATION REQUIREMENTS. 

Section 1073c(c)(5) of title 10, United States Code, is amended 

by striking ‘‘paragraphs (1) through (4)’’ and inserting ‘‘paragraph 

(3) or (4)’’. 

SEC. 712. REQUIREMENT FOR CONSULTATIONS RELATING TO MILITARY MEDICAL RESEARCH AND DEFENSE HEALTH 

AGENCY RESEARCH AND DEVELOPMENT. 

(a) CONSULTATIONS REQUIRED.—Section 1073c of title 10, 

United States Code, as amended by section 711, is further 

amended— 

(1) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; and 

(2) by inserting after subsection (e) the following new subsection: 

‘‘(f) CONSULTATIONS ON MEDICAL RESEARCH OF MILITARY

DEPARTMENTS.—In establishing the Defense Health Agency 

Research and Development pursuant to subsection (e)(1), and on 

a basis that is not less frequent than semiannually thereafter, 

the Secretary of Defense shall carry out recurring consultations 

with each military department regarding the plans and requirements for military medical research organizations and activities 

of the military department.’’. 

(b) REQUIREMENTS FOR CONSULTATIONS.—The Secretary of 

Defense shall ensure that consultations are carried out under section 1073c(f) of title 10, United States Code (as added by subsection 

(a)), to include the plans of each military department to ensure 

a comprehensive transition of any military medical research 

organizations of the military department with respect to the 

establishment of the Defense Health Agency Research and Development. 

Plans. 

10 USC 1073c 

note. 

Time period. 

Plans. 

Evaluation. 


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(c) DEADLINE FOR INITIAL CONSULTATIONS.—Initial consultations shall be carried out under section 1073c(f) of title 10, United 

States Code (as added by subsection (a)), with each military department by not later than March 1, 2022. 

SEC. 713. AUTHORIZATION OF PROGRAM TO PREVENT FRAUD AND 

ABUSE IN THE MILITARY HEALTH SYSTEM. 

(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 

is amended by inserting after section 1073e the following new 

section: 

‘‘§ 1073f. Health care fraud and abuse prevention program 

‘‘(a) PROGRAM AUTHORIZED.—(1) The Secretary of Defense may 

carry out a program under this section to prevent and remedy 

fraud and abuse in the health care programs of the Department 

of Defense. 

‘‘(2) At the discretion of the Secretary, such program may 

be administered jointly by the Inspector General of the Department 

of Defense and the Director of the Defense Health Agency. 

‘‘(3) In carrying out such program, the authorities granted 

to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security 

Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary 

and the Inspector General. 

‘‘(b) CIVIL MONETARY PENALTIES.—(1) Except as provided in 

paragraph (2), the provisions of section 1128A of the Social Security 

Act (42 U.S.C. 1320a–7a) shall apply with respect to any civil 

monetary penalty imposed in carrying out the program authorized 

under subsection (a). 

‘‘(2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed— 

‘‘(A) shall be credited to appropriations available as of 

the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and 

abuse for which such penalty was imposed; and 

‘‘(B) may be used to support the administration of the 

program authorized under subsection (a), including to support 

any interagency agreements entered into under subsection (d). 

‘‘(c) INTERAGENCY AGREEMENTS.—The Secretary of Defense may 

enter into agreements with the Secretary of Health and Human 

Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program 

authorized under subsection (a). 

‘‘(d) RULE OF CONSTRUCTION.—Joint administration of the program authorized under subsection (a) may not be construed as 

limiting the authority of the Inspector General of the Department 

of Defense under any other provision of law. 

‘‘(e) FRAUD AND ABUSE DEFINED.—In this section, the term 

‘fraud and abuse’ means any conduct specified in subsection (a) 

or (b) of section 1128A of the Social Security Act (42 U.S.C. 1320a– 

7a).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1073e the following new item: 

‘‘1073f. Health care fraud and abuse prevention program.’’. 

10 USC 1071 

prec. 

Contracts. 

Applicability. 

10 USC 1073f. 


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SEC. 714. AUTHORITY OF SECRETARY OF DEFENSE AND SECRETARY 

OF VETERANS AFFAIRS TO ENTER INTO AGREEMENTS FOR 

PLANNING, DESIGN, AND CONSTRUCTION OF FACILITIES 

TO BE OPERATED AS SHARED MEDICAL FACILITIES. 

(a) AUTHORITY OF SECRETARY OF DEFENSE.— (1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, is amended by inserting after section 1104 the following 

new section: 

‘‘§ 1104a. Shared medical facilities with Department of Veterans Affairs 

‘‘(a) AGREEMENTS.—Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, 

design, and construction of facilities to be operated as shared medical facilities. 

‘‘(b) TRANSFER OF FUNDS BY SECRETARY OF DEFENSE.—(1) The 

Secretary of Defense may transfer to the Secretary of Veterans 

Affairs amounts as follows: 

‘‘(A) For the construction of a shared medical facility, 

amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— 

‘‘(i) the amount of the share of the Department of 

Defense for the estimated cost of the project does not exceed 

the amount authorized under such subsection; and 

‘‘(ii) the other requirements of such section have been 

met with respect to funds identified for transfer. 

‘‘(B) For the planning, design, and construction of space 

for a shared medical facility, amounts appropriated for the 

Defense Health Program. 

‘‘(2) The authority to transfer funds under this section is in 

addition to any other authority to transfer funds available to the 

Secretary of Defense. 

‘‘(3) Section 2215 of this title does not apply to a transfer 

of funds under this subsection. 

‘‘(c) TRANSFER OF FUNDS TO SECRETARY OF DEFENSE.—(1) Any 

amount transferred to the Secretary of Defense by the Secretary 

of Veterans Affairs for necessary expenses for the planning, design, 

and construction of a shared medical facility, if the amount of 

the share of the Department of Defense for the cost of such project 

does not exceed the amount specified in section 2805(a)(2) of this 

title, may be credited to accounts of the Department of Defense 

available for the construction of a shared medical facility. 

‘‘(2) Any amount transferred to the Secretary of Defense by 

the Secretary of Veterans Affairs for the purpose of the planning 

and design of space for a shared medical facility may be credited 

to accounts of the Department of Defense available for such purposes, and may be used for such purposes. 

‘‘(3) Using accounts credited with transfers from the Secretary 

of Veterans Affairs under paragraph (1), the Secretary of Defense 

may carry out unspecified minor military construction projects, 

if the share of the Department of Defense for the cost of such 

project does not exceed the amount specified in section 2805(a)(2) 

of this title. 

‘‘(d) MERGER OF AMOUNTS TRANSFERRED.—Any amount transferred to the Secretary of Veterans Affairs under subsection (b) 

and any amount transferred to the Secretary of Defense under 

subsection (c) shall be merged with and available for the same 

Contracts. 

10 USC 1104a. 


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purposes and the same period as the appropriation or fund to 

which transferred. 

‘‘(e) APPROPRIATION IN ADVANCE.—Amounts may be transferred 

pursuant to the authority under this section only to the extent 

and in the amounts provided in advance in appropriations Acts. 

‘‘(f) SHARED MEDICAL FACILITY DEFINED.—In this section, the 

term ‘shared medical facility’— 

‘‘(1) means a building or buildings, or a campus, intended 

to be used by both the Department of Veterans Affairs and 

the Department of Defense for the provision of health care 

services, whether under the jurisdiction of the Secretary of 

Veterans Affairs or the Secretary of Defense, and whether 

or not located on a military installation or on real property 

under the jurisdiction of the Secretary of Veterans Affairs; 

and 

‘‘(2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting 

and covered sidewalks, and accommodations for attending personnel.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 55 of such title is amended by inserting 

after the item relating to section 1104 the following new item: 

‘‘1104a. Shared medical facilities with Department of Veterans Affairs.’’. 

(b) AUTHORITY OF SECRETARY OF VETERANS AFFAIRS.— (1) IN GENERAL.—Chapter 81 of title 38, United States 

Code, is amended by inserting after section 8111A the following 

new section: 

‘‘§ 8111B. Shared medical facilities with Department of 

Defense 

‘‘(a) AGREEMENTS.—The Secretary of Veterans Affairs may enter 

into agreements with the Secretary of Defense for the planning, 

design, and construction of facilities to be operated as shared medical facilities. 

‘‘(b) TRANSFER OF FUNDS BY SECRETARY OF VETERANS

AFFAIRS.—(1) The Secretary of Veterans Affairs may transfer to 

the Department of Defense amounts appropriated to the Department of Veterans Affairs for ‘Construction, minor projects’ for use 

for the planning, design, or construction of a shared medical facility 

if the estimated share of the project costs of the Department of 

Veterans Affairs does not exceed the amount specified in section 

8104(a)(3)(A) of this title. 

‘‘(2) The Secretary of Veterans Affairs may transfer to the 

Department of Defense amounts appropriated to the Department 

of Veterans Affairs for ‘Construction, major projects’ for use for 

the planning, design, or construction of a shared medical facility 

if— 

‘‘(A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 

8104(a)(3)(A) of this title; and 

‘‘(B) the other requirements of section 8104 of this title 

have been met with respect to amounts identified for transfer. 

‘‘(c) TRANSFER OF FUNDS TO SECRETARY OF VETERANS

AFFAIRS.—(1) Any amount transferred to the Secretary of Veterans 

Affairs by the Secretary of Defense for necessary expenses for 

the planning, design, or construction of a shared medical facility, 

if the estimated share of the project costs of the Department of 

Contracts. 

38 USC 8111B. 

10 USC 1071 

prec. 


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Veterans Affairs does not exceed the amount specified in section 

8104(a)(3)(A) of this title, may be credited to the ‘Construction, 

minor projects’ account of the Department of Veterans Affairs and 

used for the necessary expenses of constructing such shared medical 

facility. 

‘‘(2) Any amount transferred to the Secretary of Veterans Affairs 

by the Secretary of Defense for necessary expenses for the planning, 

design, or construction of a shared medical facility, if the estimated 

share of the project costs of the Department of Veterans Affairs 

exceeds the amount specified in section 8104(a)(3)(A) of this title, 

may be credited to the ‘Construction, major projects’ account of 

the Department of Veterans Affairs and used for the necessary 

expenses of constructing such shared medical facility if the other 

requirements of section 8104 of this title have been met with 

respect to amounts identified for transfer. 

‘‘(d) MERGER OF AMOUNTS TRANSFERRED.—Any amount transferred to the Secretary of Defense under subsection (b) and any 

amount transferred to the Secretary of Veterans Affairs under 

subsection (c) shall be merged with and available for the same 

purposes and the same period as the appropriation or fund to 

which transferred. 

‘‘(e) APPROPRIATION IN ADVANCE.—Amounts may be transferred 

pursuant to the authority under this section only to the extent 

and in the amounts provided in advance in appropriations Acts. 

‘‘(f) SHARED MEDICAL FACILITY DEFINED.—In this section, the 

term ‘shared medical facility’— 

‘‘(1) means a building or buildings, or a campus, intended 

to be used by both the Department of Veterans Affairs and 

the Department of Defense for the provision of health care 

services, whether under the jurisdiction of the Secretary of 

Veterans Affairs or the Secretary of Defense, and whether 

or not located on a military installation or on real property 

under the jurisdiction of the Secretary of Veterans Affairs; 

and 

‘‘(2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting 

and covered sidewalks, and accommodations for attending personnel.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter I of chapter 81 of such title is amended 

by inserting after the item relating to section 8111A the following new item: 

‘‘8111B. Shared medical facilities with Department of Defense.’’. 

SEC. 715. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF 

DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL 

FACILITY DEMONSTRATION FUND. 

Section 1704(e) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2567), as most 

recently amended by section 743 of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal Year 

2021 (Public Law 116–283), is amended by striking ‘‘September 

30, 2022’’ and inserting ‘‘September 30, 2023’’. 

134 Stat. 3708. 

38 USC 8010 

prec. 


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135 STAT. 1788 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 716. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SYSTEM TO 

TRACK AND RECORD INFORMATION ON VACCINE ADMINISTRATION. 

(a) ESTABLISHMENT OF SYSTEM.—Section 1110 of title 10, 

United States Code, is amended— 

(1) by redesignating subsections (a) and (b) as subsections 

(b) and (c), respectively; and 

(2) by inserting after the heading the following new subsection: 

‘‘(a) OVERALL SYSTEM TO TRACK AND RECORD VACCINE INFORMA- TION.—(1) The Secretary of Defense, in consultation with the 

Director of the Defense Health Agency and in coordination with 

the Secretaries of the military departments, shall establish a system 

to track and record the following information: 

‘‘(A) Each vaccine administered by a health care provider 

of the Department of Defense to a member of an armed force 

under the jurisdiction of the Secretary of a military department. 

‘‘(B) Any adverse reaction of the member related to such 

vaccine. 

‘‘(C) Each refusal by such a member of any vaccine that 

is being so administered, including vaccines licensed by the 

Food and Drug Administration under section 351 of the Public 

Health Service Act (42 U.S.C. 262) and vaccines otherwise 

approved or authorized. 

‘‘(D) Each refusal by such a member of a vaccine on the 

basis that the vaccine is being administered by a health care 

provider of the Department pursuant to an emergency use 

authorization granted by the Commissioner of Food and Drugs 

under section 564 of the Federal Food, Drug, and Cosmetic 

Act (21 U.S.C. 360bbb–3). 

‘‘(E) Each refusal by such a member of an investigational 

new drug or a drug unapproved for its applied use that is 

being administered pursuant to a request or requirement of 

the Secretary of Defense and with respect to which the President has granted a waiver of the prior consent requirement 

pursuant to section 1107(f)(1) of this title. 

‘‘(2) In carrying out paragraph (1), the Secretary of Defense 

shall ensure that— 

‘‘(A) any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction 

of the Secretary of a military department is updated with 

the information specified in such paragraph with respect to 

the member; 

‘‘(B) any collection, storage, or use of such information 

is conducted through means involving such cyber protections 

as the Secretary determines necessary to safeguard the personal 

information of the member; and 

‘‘(C) the system established under such paragraph is interoperable and compatible with the electronic health record 

system known as ‘MHS GENESIS’, or such successor system.’’. 

(b) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(1) in the heading, by striking ‘‘Anthrax vaccine 

immunization program; procedures for exemptions and 

monitoring reactions’’ and inserting ‘‘System for tracking 

and recording vaccine information; anthrax vaccine 

immunization program’’; 

Determination. 

Updates. 

Consultation. 

Coordination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1789 

(2) in subsection (b), as redesignated by subsection (a)(1)— 

(A) in the heading, by inserting ‘‘FROM ANTHRAX VACCINE IMMUNIZATION PROGRAM’’ after ‘‘EXEMPTIONS’’ ; and 

(B) by striking ‘‘Secretary of Defense’’ and inserting 

‘‘Secretary’’; and 

(3) in the heading of subsection (c), as redesignated by 

subsection (a)(1), by inserting ‘‘TO ANTHRAX VACCINE’’ after 

‘‘REACTIONS’’. 

(c) CLERICAL AMENDMENT.—The table of sections for chapter 

55 of title 10, United States Code, is amended by striking the 

item relating to section 1110 and inserting the following new item: 

‘‘1110. System for tracking and recording vaccine information; anthrax vaccine immunization program.’’. 

(d) DEADLINE FOR ESTABLISHMENT OF SYSTEM.—The Secretary 

of Defense shall establish the system under section 1110 of title 

10, United States Code, as added by subsection (a), by not later 

than January 1, 2023. 

(e) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the Committees on Armed Services of the House of Representatives 

and the Senate a report on the administration of vaccines to members of the Armed Forces under the jurisdiction of the Secretary 

of a military department and on the status of establishing the 

system under section 1110(a) of title 10, United States Code (as 

added by subsection (a)). Such report shall include information 

on the following: 

(1) The process by which such members receive vaccines, 

and the process by which the Secretary tracks, records, and 

reports on, vaccines received by such members (including with 

respect to any transfers by a non-Department provider to the 

Department of vaccination records or other medical information 

of the member related to the administration of vaccines by 

the non-Department provider). 

(2) The storage of information related to the administration 

of vaccines in the electronic health records of such members, 

and the cyber protections involved in such storage, as required 

under such section 1110(a)(2) of title 10, United States Code. 

(3) The general process by which medical information of 

beneficiaries under the TRICARE program is collected, tracked, 

and recorded, including the process by which medical information from providers contracted by the Department or from a 

State or local department of health is transferred to the Department and associated with records maintained by the Secretary. 

(4) Any gaps or challenges relating to the vaccine administration process of the Department and any legislative or budgetary recommendations to address such gaps or challenges. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘military departments’’ has the meaning given 

such term in section 101 of title 10, United States Code. 

(2) The term ‘‘TRICARE program’’ has the meaning given 

such term in section 1072 of such title. 

SEC. 717. EXEMPTION FROM REQUIRED PHYSICAL EXAMINATION AND 

MENTAL HEALTH ASSESSMENT FOR CERTAIN MEMBERS 

OF THE RESERVE COMPONENTS. 

Section 1145(a)(5) of title 10, United States Code is amended— 

Recommendations. 

10 USC 1110 

note. 

10 USC 1071 

prec. 


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135 STAT. 1790 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) in subparagraph (A), by striking ‘‘The Secretary’’ and 

inserting ‘‘Except as provided in subparagraph (D), the Secretary’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(D) The requirement for a physical examination and mental 

health assessment under subparagraph (A) shall not apply with 

respect to a member of a reserve component described in paragraph 

(2)(B) unless the member is retiring, or being discharged or dismissed, from the armed forces.’’. 

SEC. 718. AUTHORIZATION OF PROVISION OF INSTRUCTION AT UNIFORMED SERVICES UNIVERSITY OF THE HEALTH 

SCIENCES TO CERTAIN FEDERAL EMPLOYEES. 

Section 2114(h) of title 10, United States Code, is amended— 

(1) by striking ‘‘The Secretary of Defense’’ and inserting 

‘‘(1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of 

Veterans Affairs,’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2)(A) A covered employee whose employment or service with 

the Department of Veterans Affairs, Public Health Service, or Coast 

Guard (as applicable) is in a position relevant to national security 

or health sciences may receive instruction at the University within 

the scope of such employment or service. 

‘‘(B) If a covered employee receives instruction at the University 

pursuant to subparagraph (A), the head of the Federal agency 

concerned shall reimburse the University for the cost of providing 

such instruction to the covered employee. Amounts received by 

the University under this subparagraph shall be retained by the 

University to defray the costs of such instruction. 

‘‘(C) Notwithstanding subsections (b) through (e) and subsection 

(i), the head of the Federal agency concerned shall determine the 

service obligations of the covered employee receiving instruction 

at the University pursuant to subparagraph (A) in accordance with 

applicable law. 

‘‘(D) In this paragraph— 

‘‘(i) the term ‘covered employee’ means an employee of 

the Department of Veterans Affairs, a civilian employee of 

the Public Health Service, a member of the commissioned corps 

of the Public Health Service, a member of the Coast Guard, 

or a civilian employee of the Coast Guard; and 

‘‘(ii) the term ‘head of the Federal agency concerned’ means 

the head of the Federal agency that employs, or has jurisdiction 

over the uniformed service of, a covered employee permitted 

to receive instruction at the University under subparagraph 

(A) in the relevant position described in such subparagraph.’’. 

SEC. 719. REMOVAL OF REQUIREMENT FOR ONE YEAR OF PARTICIPATION IN CERTAIN MEDICAL AND LIFESTYLE INCENTIVE 

PROGRAMS OF THE DEPARTMENT OF DEFENSE TO 

RECEIVE BENEFITS UNDER SUCH PROGRAMS. 

Section 729 of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328; 10 U.S.C. 1073 note) is amended— 

(1) in subsection (a)(1), by striking ‘‘in the previous year’’; 

(2) in subsection (b), by striking ‘‘in the previous year’’; 

and 

(3) in subsection (c), by striking ‘‘in the previous year’’. 

Definitions. 

Determination. 

Reimbursement. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1791 

SEC. 720. DEPARTMENT OF DEFENSE STANDARDS FOR EXEMPTIONS 

FROM MANDATORY COVID–19 VACCINES. 

(a) STANDARDS.—The Secretary of Defense shall establish uniform standards under which covered members may be exempted 

from receiving an otherwise mandated COVID–19 vaccine for 

administrative, medical, or religious reasons. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘covered member’’ means a member of an 

Armed Force under the jurisdiction of the Secretary of a military department. 

(2) The term ‘‘COVID–19 vaccine’’ means any vaccine for 

the coronavirus disease 2019 (COVID–19), including any subsequent booster shot for COVID–19. 

SEC. 721. ESTABLISHMENT OF CENTERS OF EXCELLENCE FOR 

ENHANCED TREATMENT OF OCULAR INJURIES. 

(a) IN GENERAL.—Not later than October 1, 2023, the Secretary 

of Defense, acting through the Director of the Defense Health 

Agency, shall establish within the Defense Health Agency not fewer 

than four regional centers of excellence for the enhanced treatment 

of— 

(1) ocular wounds or injuries; and 

(2) vision dysfunction related to traumatic brain injury. 

(b) LOCATION OF CENTERS.—Each center of excellence established under subsection (a) shall be located at a military medical 

center that provides graduate medical education in ophthalmology 

and related subspecialties and shall be the primary center for 

providing specialized medical services for vision for members of 

the Armed Forces in the region in which the center of excellence 

is located. 

(c) POLICIES FOR REFERRAL OF BENEFICIARIES.—Not later than 

October 1, 2023, the Director of the Defense Health Agency shall 

publish on a publicly available internet website of the Department 

of Defense policies for the referral of eligible beneficiaries of the 

Department to centers of excellence established under subsection 

(a) for evaluation and treatment. 

(d) IDENTIFICATION OF MEDICAL PERSONNEL BILLETS AND

STAFFING.—The Secretary of each military department, in conjunction with the Joint Staff Surgeon and the Director of the Defense 

Health Agency, shall identify specific medical personnel billets 

essential for the evaluation and treatment of ocular sensory injuries 

and ensure that centers of excellence established under subsection 

(a) are staffed with such personnel at the level required for the 

enduring medical support of each such center. 

(e) BRIEFING.—Not later than December 31, 2023, the Secretary 

of Defense shall provide to the Committees on Armed Services 

of the Senate and the House of Representatives a briefing that— 

(1) describes the establishment of each center of excellence 

established under subsection (a), to include the location, capability, and capacity of each such center; 

(2) describes the referral policy published by the Defense 

Health Agency under subsection (c); 

(3) identifies the medical personnel billets identified under 

subsection (d); and 

(4) provides a plan for the staffing of personnel at such 

centers to ensure the enduring medical support of each such 

center. 

Plan. 

Public 

information. 

Web posting. 

Deadlines. 

10 USC 1073d 

note. 

10 USC 1110 

note. 


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135 STAT. 1792 PUBLIC LAW 117–81—DEC. 27, 2021 

(f) MILITARY MEDICAL CENTER DEFINED.—In this section, the 

term ‘‘military medical center’’ means a medical center described 

in section 1073d(b) of title 10, United States Code. 

SEC. 722. IMPLEMENTATION OF INTEGRATED PRODUCT FOR MANAGEMENT OF POPULATION HEALTH ACROSS MILITARY 

HEALTH SYSTEM. 

(a) INTEGRATED PRODUCT.—The Secretary of Defense shall 

develop and implement an integrated product for the management 

of population health across the military health system. Such 

integrated product shall serve as a repository for the health care, 

demographic, and other relevant data of all covered beneficiaries, 

including with respect to data on health care services furnished 

to such beneficiaries through the purchased care and direct care 

components of the TRICARE program, and shall— 

(1) be compatible with the electronic health record system 

maintained by the Secretary for members of the Armed Forces; 

(2) enable the collection and stratification of data from 

multiple sources to measure population health goals, facilitate 

disease management programs of the Department, improve 

patient education, and integrate wellness services across the 

military health system; and 

(3) enable predictive modeling to improve health outcomes 

for patients and to facilitate the identification and correction 

of medical errors in the treatment of patients, issues regarding 

the quality of health care services provided, and gaps in health 

care coverage. 

(b) CONSIDERATIONS IN DEVELOPMENT.—In developing the 

integrated product under subsection (a), the Secretary shall harmonize such development with any policies of the Department 

relating to a digital health strategy (including the digital health 

strategy under section 723), coordinate with improvements to the 

electronic health record system specified in subsection (a)(1) to 

ensure the compatibility required under such subsection, and consider methods to improve beneficiary interface. 

(c) DEFINITIONS.—In this section: 

(1) The terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meanings given such terms in section 1072 

of title 10, United States Code. 

(2) The term ‘‘integrated product’’ means an electronic 

system of systems (or solutions or products) that provides for 

the integration and sharing of data to meet the needs of an 

end user in a timely and cost-effective manner. 

SEC. 723. DIGITAL HEALTH STRATEGY OF DEPARTMENT OF DEFENSE. 

(a) DIGITAL HEALTH STRATEGY.— 

(1) STRATEGY.—Not later than April 1, 2022, the Secretary 

of Defense shall develop a digital health strategy of the Department of Defense to incorporate new and emerging technologies 

and methods (including three-dimensional printing, virtual 

reality, wearable devices, big data and predictive analytics, 

distributed ledger technologies, and other innovative methods 

that leverage new or emerging technologies) in the provision 

of clinical care within the military health system. 

(2) ELEMENTS.—The strategy under paragraph (1) shall 

address, with respect to future use within the military health 

system, the following: 

Deadlines. 

Coordination. 

Data. 

10 USC 1071 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1793 

(A) Emerging technology to improve the delivery of 

clinical care and health services. 

(B) Emerging technology to improve the patient experience in matters relating to medical case management, 

appointing, and referrals in both the direct care and purchased care components of the TRICARE program, as such 

term is defined in section 1072 of title 10, United States 

Code. 

(C) Design thinking to improve the delivery of clinical 

care and health services. 

(D) Advanced clinical decision support systems. 

(E) Simulation technologies for clinical training 

(including through simulation immersive training) and clinical education, and for the training of health care personnel 

in the adoption of emerging technologies for clinical care 

delivery. 

(F) Wearable devices. 

(G) Three-dimensional printing and related technologies. 

(H) Data-driven decision making, including through 

the use of big data and predictive analytics, in the delivery 

of clinical care and health services. 

(b) BRIEFING.—Not later than July 1, 2022, the Secretary shall 

provide to the Committees on Armed Services of the House of 

Representatives and the Senate a briefing setting forth— 

(1) the strategy under subsection (a); and 

(2) a plan to implement such strategy, including the estimated timeline and cost for such implementation. 

SEC. 724. DEVELOPMENT AND UPDATE OF CERTAIN POLICIES 

RELATING TO MILITARY HEALTH SYSTEM AND 

INTEGRATED MEDICAL OPERATIONS. 

(a) IN GENERAL.—By not later than October 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, 

shall develop and update certain policies relating to the military 

health system and integrated medical operations of the Department 

of Defense as follows: 

(1) UPDATED PLAN ON INTEGRATED MEDICAL OPERATIONS

IN CONTINENTAL UNITED STATES.—The Secretary of Defense 

shall develop an updated plan on integrated medical operations 

in the continental United States and update the Department 

of Defense Instruction 6010.22, titled ‘‘National Disaster Medical System (NDMS)’’ (or such successor instruction) accordingly. Such updated plan shall— 

(A) be informed by the operational plans of the combatant commands and by the joint medical estimate under 

section 732 of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 (Public Law 115– 

232; 132 Stat. 1817); 

(B) include an updated bed plan, to include bed space 

available through the military health system and through 

hospitals participating in the National Disaster Medical 

System established pursuant to section 2812 of the Public 

Health Service Act (42 U.S.C. 300hh–11); 

(C) include a determination as to whether combat casualties should receive medical care under the direct care 

Determination. 

Risk analysis. 

Coordination. 

Deadlines. 

10 USC 1096 

note. 

Plan. 

Timeline. 

Cost estimates. 


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135 STAT. 1794 PUBLIC LAW 117–81—DEC. 27, 2021 

or purchased care component of the military health system 

and a risk analysis in support of such determination; 

(D) identify the manning levels required to furnish 

medical care under the updated plan, including with 

respect to the levels of military personnel, civilian 

employees of the Department, and contractors of the 

Department; and 

(E) include a cost estimate for the furnishment of such 

medical care. 

(2) UPDATED PLAN ON GLOBAL PATIENT MOVEMENT.—The 

Secretary of Defense shall develop an updated plan on global 

patient movement and update the Department of Defense 

Instruction 5154.06, relating to medical military treatment 

facilities and patient movement (or such successor instruction) 

accordingly. Such updated plan shall— 

(A) be informed by the operational plans of the combatant commands and by the joint medical estimate under 

section 732 of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 (Public Law 115– 

232; 132 Stat. 1817); 

(B) include a risk assessment with respect to patient 

movement compared against overall operational plans; 

(C) include a description of any capabilities-based 

assessment of the Department that informed the updated 

plan or that was in progress during the time period in 

which the updated plan was developed; 

(D) identify the manning levels, equipment and 

consumables, and funding levels, required to carry out 

the updated plan; and 

(E) address airlift capability, medical evacuation capability, and access to ports of embarkation. 

(3) ASSESSMENT OF BIOSURVEILLANCE AND MEDICAL

RESEARCH CAPABILITIES.—The Secretary of Defense shall conduct an assessment of the biosurveillance and medical research 

capabilities of the Department of Defense. Such assessment 

shall include the following: 

(A) An identification of the location and strategic value 

of the overseas medical laboratories and overseas medical 

research programs of the Department. 

(B) An assessment of the current capabilities of such 

laboratories and programs with respect to force health 

protection and evidence-based medical research. 

(C) A determination as to whether such laboratories 

and programs have the capabilities, including as a result 

of the geographic location of such laboratories and programs, to provide force health protection and evidencebased medical research, including by actively monitoring 

for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces. 

(D) The current biosurveillance and medical research 

capabilities of the Department. 

(E) The current manning levels of the biosurveillance 

and medical research entities of the Department, including 

an assessment of whether such entities are manned at 

a level necessary to support the missions of the combatant 

commands (including with respect to missions related to 

pandemic influenza or homeland defense). 

Determination. 

Risk assessment. 

Cost estimate. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1795 

(F) The current funding levels of such entities, 

including a risk assessment as to whether such funding 

is sufficient to sustain the manning levels necessary to 

support missions as specified in subparagraph (E). 

(b) INTERIM BRIEFING.—Not later than April 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, 

shall provide to the Committees on Armed Services of the House 

of Representatives and the Senate an interim briefing on the 

progress of implementation of the plans and assessment required 

under subsection (a). 

(c) REPORT.—Not later than December 1, 2022, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the House of Representatives and the Senate a report describing 

each updated plan and assessment required under subsection (a). 

SEC. 725. MANDATORY TRAINING ON HEALTH EFFECTS OF BURN PITS. 

The Secretary of Defense shall provide to each medical provider 

of the Department of Defense mandatory training with respect 

to the potential health effects of burn pits. 

SEC. 726. STANDARDIZATION OF DEFINITIONS USED BY THE DEPARTMENT OF DEFENSE FOR TERMS RELATED TO SUICIDE. 

(a) STANDARDIZATION OF DEFINITIONS.—Not later than 120 days 

after the date of the enactment of this Act, the Secretary of Defense, 

in coordination with the Secretaries of the military departments, 

shall develop standardized definitions for the following terms: 

(1) ‘‘Suicide’’. 

(2) ‘‘Suicide attempt’’. 

(3) ‘‘Suicidal ideation’’. 

(b) REQUIRED USE OF STANDARDIZED DEFINITIONS.—Not later 

than 180 days after the date of the enactment of this Act, the 

Secretary shall issue policy guidance requiring the exclusive and 

uniform use across the Department of Defense and within each 

military department of the standardized definitions developed under 

subsection (a) for the terms specified in such subsection. 

(c) BRIEFING.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall provide to the Committees 

on Armed Services of the House of Representatives and the Senate 

a briefing that sets forth the standardized definitions developed 

under subsection (a) and includes— 

(1) a description of the process that was used to develop 

such definitions; 

(2) a description of the methods by which data shall be 

collected on suicide, suicide attempts, and suicidal ideations 

(as those terms are defined pursuant to such definitions) in 

a standardized format across the Department and within each 

military department; and 

(3) an implementation plan to ensure the use of such definitions as required pursuant to subsection (b). 

Subtitle C—Reports and Other Matters 

SEC. 731. MODIFICATIONS AND REPORTS RELATED TO MILITARY MEDICAL MANNING AND MEDICAL BILLETS. 

(a) MILITARY MEDICAL MANNING AND MEDICAL BILLETS.— 

Plan. 

Coordination. 

Deadlines. 

10 USC 101 note. 

10 USC 1071 

note. 

Coordination. 


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135 STAT. 1796 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) MODIFICATIONS TO LIMITATION ON REDUCTION OR

REALIGNMENT.—Section 719 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 

1454), as amended by section 717 of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal Year 

2021 (Public Law 116–283), is further amended— 

(A) in subsection (a), by striking ‘‘180 days following 

the date of the enactment of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal 

Year 2021’’ and inserting ‘‘the year following the date of 

the enactment of the National Defense Authorization Act 

for Fiscal Year 2022’’; and 

(B) in subsection (b)(1), by inserting ‘‘, including any 

billet validation requirements determined pursuant to estimates provided in the joint medical estimate under section 

732 of the John S. McCain National Defense Authorization 

Act for Fiscal Year 2019 (Public Law 115–232),’’ after 

‘‘requirements of the military department of the Secretary’’. 

(2) GAO REPORT ON REDUCTION OR REALIGNMENT OF MILITARY MEDICAL MANNING AND MEDICAL BILLETS.— 

(A) REPORT.—Not later than one year after the date 

of the enactment of this Act, the Comptroller General of 

the United States shall submit to the Committees on Armed 

Services of the House of Representatives and the Senate 

a report on the analyses used to support any reduction 

or realignment of military medical manning, including any 

reduction or realignment of medical billets of the military 

departments. 

(B) ELEMENTS.—The report under subparagraph (A) 

shall include the following: 

(i) An analysis of the use of the joint medical 

estimate under section 732 of the John S. McCain 

National Defense Authorization Act for Fiscal Year 

2019 (Public Law 115–232; 132 Stat. 1817) and wartime scenarios to determine military medical manpower requirements, including with respect to pandemic influenza and homeland defense missions. 

(ii) An assessment of whether the Secretaries of 

the military departments have used the processes 

under section 719(b) of the National Defense 

Authorization Act for Fiscal Year 2020 (Public Law 

116–92; 133 Stat. 1454) to ensure that a sufficient 

combination of skills, specialties, and occupations are 

validated and filled prior to the transfer of any medical 

billets of a military department to fill other military 

medical manpower needs. 

(iii) An assessment of the effect of the reduction 

or realignment of such billets on local health care 

networks and whether the Director of the Defense 

Health Agency has conducted such an assessment in 

coordination with the Secretaries of the military 

departments. 

(b) ASSIGNMENT OF MEDICAL AND DENTAL PERSONNEL OF THE

MILITARY DEPARTMENTS TO MILITARY MEDICAL TREATMENT FACILITIES.— (1) DEADLINE FOR ASSIGNMENT.—The Secretaries of the 

military departments shall ensure that the Surgeons General 

10 USC 1073c 

note. 

Analysis. 

Determination. 

Assessments. 

134 Stat. 3695. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1797 

of the Armed Forces carry out fully the requirements of section 

712(b)(3) of the John S. McCain National Defense Authorization 

Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 1073c 

note) by not later than September 30, 2022. 

(2) ADDITIONAL REQUIREMENT FOR WALTER REED NATIONAL

MILITARY MEDICAL CENTER.— (A) ASSIGNMENT OF MILITARY PERSONNEL.—For fiscal 

years 2023 through 2027, except as provided in subparagraph (B), the Secretary of Defense shall ensure that the 

Secretaries of the military departments assign to the 

Walter Reed National Military Medical Center sufficient 

military personnel to meet not less than 85 percent of 

the joint table of distribution in effect for such facility 

on December 23, 2016. 

(B) EXCEPTION.—Subparagraph (A) shall not apply to 

any fiscal year for which the Secretary of Defense certifies 

at the beginning of such fiscal year to the Committees 

on Armed Services of the Senate and the House of Representatives that notwithstanding the failure to meet the 

requirement under such paragraph, the Walter Reed 

National Military Medical Center is fully capable of carrying out all significant activities as the premier medical 

center of the military health system. 

(3) REPORTS.— 

(A) IN GENERAL.—Not later than September 30, 2022, 

each Secretary of a military department shall submit to 

the Committees on Armed Services of the Senate and the 

House of Representatives a report on the compliance of 

the military department concerned with this subsection. 

Each such report shall include— 

(i) an accounting of the number of uniformed personnel and civilian personnel assigned to a military 

medical treatment facility as of October 1, 2019; and 

(ii) a comparable accounting as of September 30, 

2022. 

(B) EXPLANATION.—If the number specified in clause 

(ii) of subparagraph (A) is less than the number specified 

in clause (i) of such subparagraph, the Secretary concerned 

shall provide a full explanation for the reduction. 

SEC. 732. ACCESS BY UNITED STATES GOVERNMENT EMPLOYEES AND 

THEIR FAMILY MEMBERS TO CERTAIN FACILITIES OF 

DEPARTMENT OF DEFENSE FOR ASSESSMENT AND TREATMENT OF ANOMALOUS HEALTH CONDITIONS. 

(a) ASSESSMENT.—The Secretary of Defense shall provide to 

employees of the United States Government and their family members who the Secretary determines are experiencing symptoms of 

certain anomalous health conditions, as defined by the Secretary 

for purposes of this section, timely access for medical assessment, 

subject to space availability, to the National Intrepid Center of 

Excellence, an Intrepid Spirit Center, or an appropriate military 

medical treatment facility, as determined by the Secretary. 

(b) TREATMENT.—With respect to an individual described in 

subsection (a) diagnosed with an anomalous health condition or 

a related affliction, whether diagnosed under an assessment under 

subsection (a) or otherwise, the Secretary of Defense shall furnish 

to the individual treatment for the condition or affliction, subject 

Determination. 

10 USC 1071 

note. 

Effective dates. 

Compliance. 

Certification. 

Time period. 


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135 STAT. 1798 PUBLIC LAW 117–81—DEC. 27, 2021 

to space availability, at the National Intrepid Center of Excellence, 

an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary. 

(c) DEVELOPMENT OF PROCESS.—The Secretary of Defense, in 

consultation with the heads of such Federal agencies as the Secretary considers appropriate, shall develop a process to ensure 

that employees from those agencies and their family members are 

afforded timely access to the National Intrepid Center of Excellence, 

an Intrepid Spirit Center, or an appropriate military medical treatment facility pursuant to subsection (a) by not later than 60 days 

after the date of the enactment of this Act. 

(d) MODIFICATION OF DEPARTMENT OF DEFENSE TRAUMA REGISTRY.—The Secretary of Defense shall modify the Trauma Registry 

of the Department of Defense to include data on the demographics, 

condition-producing event, diagnosis and treatment, and outcomes 

of anomalous health conditions experienced by employees of the 

United States Government and their family members assessed or 

treated under this section, subject to an agreement by the employing 

agency and the consent of the employee. 

SEC. 733. PILOT PROGRAM ON CARDIAC SCREENING AT CERTAIN MILITARY SERVICE ACADEMIES. 

(a) PILOT PROGRAM.—The Secretary of Defense shall establish 

a pilot program to furnish mandatory electrocardiograms to individuals who have been admitted to a covered military service academy 

in connection with the military accession screening process, at 

no cost to such candidates. 

(b) SCOPE.—The scope of the pilot program under subsection 

(a) shall include at least 25 percent of the incoming class of individuals who have been admitted to a covered military service academy 

during the first fall semester that follows the date of the enactment 

of this Act, and the pilot program shall terminate on the date 

on which the Secretary determines the military accession screening 

process for such class has concluded. 

(c) FURNISHING OF ELECTROCARDIOGRAMS.—In carrying out the 

pilot program under subsection (a), the Secretary shall furnish 

each mandatory electrocardiogram under the pilot program in a 

facility of the Department of Defense or by medical personnel within 

the military health system. 

(d) BRIEFING.—Not later than 180 days after the date on which 

the pilot program under subsection (a) terminates, the Secretary 

shall provide to the Committees on Armed Services of the Senate 

and the House of Representatives a briefing on the pilot program. 

Such briefing shall include the following: 

(1) The results of all electrocardiograms furnished to 

individuals under the pilot program, disaggregated by military 

service academy, race, and gender. 

(2) The rate of significant cardiac issues detected pursuant 

to electrocardiograms furnished under the pilot program, 

disaggregated by military service academy, race, and gender. 

(3) The cost of carrying out the pilot program. 

(4) The number of individuals, if any, who were disqualified 

from admission based solely on the result of an electrocardiogram furnished under the pilot program. 

(e) COVERED MILITARY SERVICE ACADEMY DEFINED.—In this 

section, the term ‘‘covered military service academy’’ does not 

Costs. 

Deadline. 

Termination 

date. 

Determination. 

10 USC 7431 

note. 

Data. 

Consultation. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1799 

include the United States Coast Guard Academy or the United 

States Merchant Marine Academy. 

SEC. 734. PILOT PROGRAM ON ASSISTANCE FOR MENTAL HEALTH 

APPOINTMENT SCHEDULING AT MILITARY MEDICAL 

TREATMENT FACILITIES. 

(a) PILOT PROGRAM.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall commence a pilot program, to be carried out for at least a one-year 

period, to provide direct assistance for mental health appointment 

scheduling under the direct care and purchased care components 

of the TRICARE program, through facilities and clinics selected 

by the Secretary for participation in the pilot program in a number 

determined by the Secretary. 

(b) BRIEFINGS.— (1) FIRST BRIEFING.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall provide 

to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the nature of the 

pilot program under subsection (a). 

(2) FINAL BRIEFING.—Not later than 90 days after the date 

on which the pilot program under subsection (a) terminates, 

the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing 

on the pilot program. Such briefing shall include an assessment 

of— 

(A) the effectiveness of the pilot program with respect 

to improved access to mental health appointments; and 

(B) any barriers to scheduling mental health appointments under the pilot program observed by health care 

professionals or other individuals involved in scheduling 

such appointments. 

(c) TRICARE PROGRAM DEFINED.—In this section, the term 

‘‘TRICARE program’’ has the meaning given such term in section 

1072 of title 10, United States Code. 

SEC. 735. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN 

RESEARCH CONNECTED TO CHINA. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2022 for the Department of Defense may be obligated or expended 

to fund any work to be performed by EcoHealth Alliance, Inc. 

in China on research supported by the government of China. 

(b) WAIVER.—The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary— 

(1) determines that the waiver is in the national security 

interests of the United States; and 

(2) not later than 14 days after granting the waiver, submits to the congressional defense committees a detailed justification for the waiver, including— 

(A) an identification of the Department of Defense 

entity obligating or expending the funds; 

(B) an identification of the amount of such funds; 

(C) an identification of the intended purpose of such 

funds; 

(D) an identification of the recipient or prospective 

recipient of such funds (including any third-party entity 

recipient, as applicable); 

Deadline. 

Determination. 

Assessments. 

Time period. 

Deadlines. 

10 USC 1073 

note. 


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135 STAT. 1800 PUBLIC LAW 117–81—DEC. 27, 2021 

(E) an explanation for how the waiver is in the national 

security interests of the United States; and 

(F) any other information the Secretary determines 

appropriate. 

SEC. 736. LIMITATION ON CERTAIN DISCHARGES SOLELY ON THE 

BASIS OF FAILURE TO OBEY LAWFUL ORDER TO RECEIVE 

COVID–19 VACCINE. 

(a) LIMITATION.—During the period of time beginning on August 

24, 2021, and ending on the date that is two years after the 

date of the enactment of this Act, any administrative discharge 

of a covered member, on the sole basis that the covered member 

failed to obey a lawful order to receive a vaccine for COVID– 

19, shall be— 

(1) an honorable discharge; or 

(2) a general discharge under honorable conditions. 

(b) DEFINITIONS.—In this section: 

(1) The terms ‘‘Armed Forces’’ and ‘‘military departments’’ 

have the meanings given such terms in section 101 of title 

10, United States Code. 

(2) The term ‘‘covered member’’ means a member of an 

Armed Force under the jurisdiction of the Secretary of a military department. 

SEC. 737. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE 

COMPREHENSIVE AUTISM CARE DEMONSTRATION PROGRAM. 

(a) AGREEMENT.— (1) IN GENERAL.—The Secretary of Defense shall seek to 

enter into an agreement with the National Academies of 

Sciences, Engineering, and Medicine (in this section referred 

to as the ‘‘National Academies’’) for the National Academies 

to carry out the activities described in subsections (b) and 

(c). 

(2) TIMING.—The Secretary shall seek to enter into the 

agreement described in paragraph (1) not later than 60 days 

after the date of the enactment of this Act. 

(b) ANALYSIS BY THE NATIONAL ACADEMIES.— (1) ANALYSIS.—Under an agreement between the Secretary 

and the National Academies entered into pursuant to subsection 

(a), the National Academies shall conduct an analysis of the 

effectiveness of the Department of Defense Comprehensive 

Autism Care Demonstration program (in this section referred 

to as the ‘‘demonstration program’’) and develop recommendations for the Secretary based on such analysis. 

(2) ELEMENTS.—The analysis conducted and recommendations developed under paragraph (1) shall include the following: 

(A) An assessment of all methods used to assist in 

the assessment of domains related to autism spectrum 

disorder, including a determination as to whether the Secretary is applying such methods appropriately under the 

demonstration project. 

(B) An assessment of the methods used under the 

demonstration project to measure the effectiveness of 

applied behavior analysis in the treatment of autism spectrum disorder. 

(C) A review of any guidelines or industry standards 

of care adhered to in the provision of applied behavior 

Reviews. 

Assessment. 

Assessment. 

Determination. 

Recommendations. 

Deadline. 

Contracts. 

Time period. 

10 USC 1161 

note prec. 

Determination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1801 

analysis services under the demonstration program, 

including a review of the effects of such adherence with 

respect to dose-response or health outcomes for an individual who has received such services. 

(D) A review of the health outcomes for an individual 

who has received applied behavior analysis treatments over 

time. 

(E) An analysis of the increased utilization of the demonstration program by beneficiaries under the TRICARE 

program, to improve understanding of such utilization. 

(F) Such other analyses to measure the effectiveness 

of the demonstration program as may be determined appropriate by the National Academies. 

(G) An analysis on whether the incidence of autism 

is higher among the children of military families. 

(H) The development of a list of recommendations 

related to the measurement, effectiveness, and increased 

understanding of the demonstration program and its effect 

on beneficiaries under the TRICARE program. 

(c) REPORT.—Under an agreement entered into between the 

Secretary and the National Academies under subsection (a), the 

National Academies, not later than nine months after the date 

of the execution of the agreement, shall— 

(1) submit to the congressional defense committees a report 

on the findings of the National Academies with respect to 

the analysis conducted and recommendations developed under 

subsection (b); and 

(2) make such report available on a public website in 

unclassified form. 

SEC. 738. INDEPENDENT REVIEW OF SUICIDE PREVENTION AND 

RESPONSE AT MILITARY INSTALLATIONS. 

(a) ESTABLISHMENT OF COMMITTEE.—Not later than 90 days 

after the date of the enactment of this Act, the Secretary of Defense 

shall establish an independent suicide prevention and response 

review committee. 

(b) MEMBERSHIP.—The committee established under subsection 

(a) shall be composed of not fewer than five individuals— 

(1) designated by the Secretary; 

(2) with expertise determined to be relevant by the Secretary, including at least one individual who is an experienced 

provider of mental health services; and 

(3) none of whom may be a member of an Armed Force 

or a civilian employee of the Department of Defense. 

(c) SELECTION OF MILITARY INSTALLATIONS.— 

(1) IN GENERAL.—The Secretary shall select, for review 

by the committee established under subsection (a), at least 

one military installation under the jurisdiction of each military 

department. 

(2) INCLUSION OF REMOTE INSTALLATION.—The Secretary 

shall ensure that, of the total military installations selected 

for review under paragraph (1), at least one such installation 

is a remote installation of the Department of Defense located 

outside the contiguous United States. 

(d) DUTIES.—The committee established under subsection (a) 

shall review the suicide prevention and response programs and 

other factors that may contribute to the incidence or prevention 

Review. 

Designations. 

Deadline. 

Public 

information. 

Web posting. 

List. 

Recommendations. 

Review. 


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135 STAT. 1802 PUBLIC LAW 117–81—DEC. 27, 2021 

of suicide at the military installations selected for review pursuant 

to subsection (c). Such review shall be conducted through means 

including— 

(1) a confidential survey; 

(2) focus groups; and 

(3) individual interviews. 

(e) COORDINATION.—In carrying out this section, the Secretary 

shall ensure that the Director of the Office of People Analytics 

of the Department of Defense and the Director of the Office of 

Force Resiliency of the Department of Defense coordinate and 

cooperate with the committee established under subsection (a). 

(f) REPORTS.— 

(1) REPORT TO SECRETARY.—Not later than 270 days after 

the date of the establishment of the committee under subsection 

(a), the committee shall submit to the Secretary a report containing the results of the reviews conducted by the committee 

and recommendations of the committee to reduce the incidence 

of suicide at the military installations reviewed. 

(2) REPORT TO CONGRESS.—Not later than 330 days after 

the date of the establishment of the committee under subsection 

(a), the committee shall submit to the Committees on Armed 

Services of the House of Representatives and the Senate the 

report under paragraph (1). 

(g) TERMINATION.—The committee established under subsection 

(a) shall terminate on a date designated by the Secretary as the 

date on which the work of the committee has been completed. 

(h) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee established under subsection (a). 

SEC. 739. FEASIBILITY AND ADVISABILITY STUDY ON ESTABLISHMENT 

OF AEROMEDICAL SQUADRON AT JOINT BASE PEARL 

HARBOR-HICKAM. 

(a) STUDY.—Not later than April 1, 2022, the Secretary of 

Defense, in consultation with the Chief of the National Guard 

Bureau and the Director of the Air National Guard, shall complete 

a study on the feasibility and advisability of establishing at Joint 

Base Pearl Harbor-Hickam an aeromedical squadron of the Air 

National Guard in Hawaii to support the aeromedical mission needs 

of the United States Indo-Pacific Command. 

(b) ELEMENTS.—The study under subsection (a) shall assess 

the following: 

(1) The manpower required for the establishment of an 

aeromedical squadron of the Air National Guard in Hawaii 

as specified in subsection (a). 

(2) The overall cost of such establishment. 

(3) The length of time required for such establishment. 

(4) The mission requirements for such establishment. 

(5) Such other matters as may be determined relevant 

by the Secretary. 

(c) BRIEFING.—Not later than April 1, 2022, the Secretary shall 

provide to the Committees on Armed Services of the House of 

Representatives and the Senate a briefing on the findings of the 

feasibility and advisability study under subsection (a), including 

with respect to each element specified in subsection (b). 

Requirements. 

Costs. 

Assessments. 

Consultation. 

Hawaii. 

Deadlines. 

Recommendations. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1803 

SEC. 740. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS 

OF THE ARMED FORCES SERVING ON ACTIVE DUTY. 

(a) STUDY.—The Secretary of Defense shall conduct a study 

on the incidence of breast cancer among members of the Armed 

Forces serving on active duty. 

(b) ELEMENTS.—The study under subsection (a) shall include 

the following: 

(1) A determination of the number of members of the 

Armed Forces who served on active duty at any time during 

the period beginning on January 1, 2011, and ending on the 

date of the enactment of this Act who were diagnosed with 

breast cancer during such period. 

(2) A determination of demographic information regarding 

such members, including race, ethnicity, sex, age, military 

occupational specialty, and rank. 

(3) A comparison of the rates of members of the Armed 

Forces serving on active duty who have breast cancer to civilian 

populations with comparable demographic characteristics. 

(4) An identification of potential factors associated with 

service in the Armed Forces that could increase the risk of 

breast cancer for members of the Armed Forces serving on 

active duty. 

(5) To the extent the data are available, an identification 

of overseas locations associated with airborne hazards, such 

as burn pits, and members of the Armed Forces diagnosed 

with breast cancer who served on active duty in such locations. 

(6) An assessment of the effectiveness of outreach by the 

Department of Defense to members of the Armed Forces to 

identify risks of, prevent, detect, and treat breast cancer. 

(7) An assessment of the feasibility and advisability of 

changing the current mammography screening policy of the 

Department to incorporate all members of the Armed Forces 

who deployed overseas to an area associated with airborne 

hazards, such as burn pits. 

(8) An assessment of the feasibility and advisability of 

conducting digital breast tomosynthesis at facilities of the 

Department that provide mammography services. 

(9) Such recommendations as the Secretary may have for 

changes to policy or law that could improve the prevention, 

early detection, awareness, and treatment of breast cancer 

among members of the Armed Forces serving on active duty, 

including any additional resources needed. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings and recommendations of the study under subsection (a), including a description 

of any further unique military research needed with respect to 

breast cancer. 

SEC. 741. GAO BIENNIAL STUDY ON INDIVIDUAL LONGITUDINAL EXPOSURE RECORD PROGRAM. 

(a) STUDIES AND REPORTS REQUIRED.—Not later than December 

31, 2023, and once every two years thereafter until December 

31, 2030, the Comptroller General of the United States shall— 

(1) conduct a study on the implementation and effectiveness 

of the Individual Longitudinal Exposure Record program of 

Deadline. 

Time period. 

Recommendations. 

Assessment. 

Assessment. 

Assessment. 

Determination. 

Determination. 

Time period. 


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135 STAT. 1804 PUBLIC LAW 117–81—DEC. 27, 2021 

the Department of Defense and the Department of Veterans 

Affairs; and 

(2) submit to the appropriate congressional committees a 

report containing the findings of the most recently conducted 

study. 

(b) ELEMENTS.—The biennial studies under subsection (a) shall 

include an assessment of elements as follows: 

(1) INITIAL STUDY.—The initial study conducted under subsection (a) shall assess, at a minimum, the following: 

(A) Statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number 

of individuals the records of whom are contained therein 

and the total number of records accessible under the program. 

(B) Costs associated with the program, including any 

cost overruns associated with the program. 

(C) The capacity to expand the program to include 

the medical records of veterans who served prior to the 

establishment of the program. 

(D) Any illness recently identified as relating to a 

toxic exposure (or any guidance relating to such an illness 

recently issued) by either the Secretary of Defense or the 

Secretary of Veterans Affairs, including any such illness 

or guidance that relates to open burn pit exposure. 

(E) How the program has enabled (or failed to enable) 

the discovery, notification, and medical care of individuals 

affected by an illness described in subparagraph (D). 

(F) Physician and patient feedback on the program, 

particularly feedback that relates to ease of use. 

(G) Cybersecurity and privacy protections of patient 

data stored under the program, including whether any 

classified or restricted data has been stored under the 

program (such as data relating to deployment locations 

or duty stations). 

(H) Any technical or logistical impediments to the 

implementation or expansion of the program, including 

any impediments to the inclusion in the program of databases or materials originally intended to be included. 

(I) Any issues relating to read-only access to data under 

the program by veterans. 

(J) Any issues relating to the interoperability of the 

program between the Department of Defense and the 

Department of Veterans Affairs. 

(2) SUBSEQUENT STUDIES.—Except as provided in paragraph (3), each study conducted under subsection (a) following 

the initial study specified in paragraph (1) shall assess— 

(A) statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number 

of individuals the records of whom are contained therein 

and the total number of records accessible under the program; and 

(B) such other elements as the Comptroller General 

determines appropriate, which may include any other element specified in paragraph (1). 

(3) FINAL STUDY.—The final study conducted under subsection (a) shall assess— 

Determination. 

Data. 

Data. 

Data. 

Costs. 

Assessments. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1805 

(A) the elements specified in subparagraphs (A), (B), 

(D), (E), (F), and (H) of paragraph (1); and 

(B) such other elements as the Comptroller General 

determines appropriate, which may include any other element specified in paragraph (1). 

(c) ACCESS BY COMPTROLLER GENERAL.— 

(1) INFORMATION AND MATERIALS.—Upon request of the 

Comptroller General, the Secretary of Defense and the Secretary of Veterans Affairs shall make available to the Comptroller General any information or other materials necessary 

for the conduct of each biennial study under subsection (a). 

(2) INTERVIEWS.—In addition to such other authorities as 

are available, the Comptroller General shall have the right 

to interview officials and employees of the Department of 

Defense and the Department of Veterans Affairs (including 

clinicians, claims adjudicators, and researchers) as necessary 

for the conduct of each biennial study under subsection (a). 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; 

and 

(B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate. 

(2) The term ‘‘Secretary concerned’’ means— 

(A) the Secretary of Defense, with respect to matters 

concerning the Department of Defense; and 

(B) the Secretary of Veterans Affairs, with respect 

to matters concerning the Department of Veterans Affairs. 

SEC. 742. COMPTROLLER GENERAL STUDY ON IMPLEMENTATION BY 

DEPARTMENT OF DEFENSE OF RECENT STATUTORY 

REQUIREMENTS TO REFORM THE MILITARY HEALTH 

SYSTEM. 

(a) STUDY.— 

(1) IN GENERAL.—The Comptroller General of the United 

States shall conduct a study on the implementation by the 

Department of Defense of statutory requirements to reform 

the military health system contained in a covered Act. 

(2) ELEMENTS.—The study required by paragraph (1) shall 

include the following elements: 

(A) A compilation of a list of, and citation for, each 

statutory requirement on reform of the military health 

system contained in a covered Act. 

(B) An assessment of the extent to which such requirement was implemented, or is currently being implemented. 

(C) An evaluation of the actions taken by the Department of Defense to assess and determine the effectiveness 

of actions taken pursuant to such requirement. 

(D) Such other matters in connection with the 

implementation of such requirement as the Comptroller 

General considers appropriate. 

(b) BRIEFING AND REPORT.— 

(1) BRIEFING.—Not later than May 1, 2022, the Comptroller 

General shall brief the Committees on Armed Services of the 

Deadline. 

Evaluation. 

Assessment. 

List. 

Determination. 


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135 STAT. 1806 PUBLIC LAW 117–81—DEC. 27, 2021 

Senate and the House of Representatives on the status of 

the study conducted under subsection (a). 

(2) REPORT.—Not later than May 1, 2023, the Comptroller 

General shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report on 

the study conducted under subsection (a) that includes the 

elements specified in paragraph (2) of such subsection. 

(c) COVERED ACT DEFINED.—In this section, the term ‘‘covered 

Act’’ means any of the following: 

(1) The William M. (Mac) Thornberry National Defense 

Authorization Act for Fiscal Year 2021 (Public Law 116–283). 

(2) The National Defense Authorization Act for Fiscal Year 

2020 (Public Law 116–92). 

(3) The John S. McCain National Defense Authorization 

Act for Fiscal Year 2019 (Public Law 115–232). 

(4) The National Defense Authorization Act for Fiscal Year 

2018 (Public Law 115–91). 

(5) The National Defense Authorization Act for Fiscal Year 

2017 (Public Law 114–328). 

(6) The National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92). 

(7) The Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

Defense Authorization Act for Fiscal Year 2015 (Public Law 

113–291). 

(8) The National Defense Authorization Act for Fiscal Year 

2014 (Public Law 113–66). 

(9) The National Defense Authorization Act for Fiscal Year 

2013 (Public Law 112–239). 

(10) The National Defense Authorization Act for Fiscal 

Year 2012 (Public Law 112–81). 

SEC. 743. STUDY TO DETERMINE NEED FOR A JOINT FUND FOR FEDERAL ELECTRONIC HEALTH RECORD MODERNIZATION 

OFFICE. 

(a) STUDY.—The Secretary of Defense, in coordination with 

the Secretary of Veterans Affairs, shall conduct a study to determine— 

(1) whether there is a validated need or military requirement for the development of a joint fund of the Department 

of Defense and the Department of Veterans Affairs for the 

Federal Electronic Health Record Modernization Office; and 

(2) whether the operations of the Federal Electronic Health 

Record Modernization Office since its establishment, including 

how the Office has supported the implementation of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs, justify 

the development of a potential joint fund. 

(b) ELEMENTS.—The study under subsection (a) shall assess 

the following: 

(1) Justifications for the development of the joint fund. 

(2) The potential resource allocation and funding commitments for the Department of Defense and Department of Veterans Affairs with respect to the joint fund. 

(3) Options for the governance structure of the joint fund, 

including how accountability would be divided between the 

Department of Defense and the Department of Veterans Affairs. 

Assessments. 

Coordination. 


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(4) The anticipated contents of the joint fund, including 

the anticipated process for annual transfers to the joint fund 

from the Department of Defense and the Department of Veterans Affairs, respectively. 

(5) An estimated timeline for the potential establishment 

of the joint fund. 

(6) The progress and accomplishments of the Federal Electronic Health Record Modernization Office during fiscal year 

2021 in fulfilling the purposes specified in subparagraphs (C) 

through (R) of section 1635(b)(2) of the Wounded Warrior Act 

(title XVI of Public Law 110–181; 10 U.S.C. 1071 note). 

(c) REPORT.—Not later than July 1, 2022, the Secretary of 

Defense, in coordination with the Secretary of Veterans Affairs, 

shall submit to the appropriate congressional committees a report 

on the findings of the study under subsection (a), including recommendations on the development of the joint fund specified in 

such subsection. Such recommendations shall address— 

(1) the purpose of the joint fund; and 

(2) requirements related to the joint fund. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committees on Armed Services of the House 

of Representatives and the Senate; and 

(B) the Committees on Veterans’ Affairs of the House 

of Representatives and the Senate. 

(2) The term ‘‘Electronic Health Record Modernization Program’’ has the meaning given such term in section 503(e) of 

the Veterans Benefits and Transition Act of 2018 (Public Law 

115–407; 132 Stat. 5376). 

(3) The term ‘‘Federal Electronic Health Record Modernization Office’’ means the Office established under section 1635(b) 

of the Wounded Warrior Act (title XVI of Public Law 110– 

181; 10 U.S.C. 1071 note). 

SEC. 744. BRIEFING ON DOMESTIC PRODUCTION OF CRITICAL ACTIVE 

PHARMACEUTICAL INGREDIENTS FOR NATIONAL SECURITY PURPOSES. 

Not later than April 1, 2022, the Secretary of Defense shall 

provide to the Committees on Armed Services of the House of 

Representatives and the Senate a briefing on the development 

of a capability for the domestic production of critical active pharmaceutical ingredients and drug products in finished dosage form 

for national security purposes. Such briefing shall include a description of the following: 

(1) The anticipated cost over the period covered by the 

most recent future-years defense program submitted under section 221 of title 10, United States Code (as of the date of 

the briefing), to develop such a domestic production capability 

for critical active pharmaceutical ingredients. 

(2) The cost of producing critical active pharmaceutical 

ingredients through such a domestic production capability, as 

compared with the cost of standard manufacturing processes 

used by the pharmaceutical industry. 

(3) The average time to produce critical active pharmaceutical ingredients through such a domestic production capability, as compared with the average time to produce such 

Costs. 

Costs. 

Deadline. 

Requirements. 

Coordination. 

Recommendations. 

Timeline. 


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135 STAT. 1808 PUBLIC LAW 117–81—DEC. 27, 2021 

ingredients through standard manufacturing processes used 

by the pharmaceutical industry. 

(4) Any intersections between the development of such 

a domestic production capability, the military health system, 

and defense-related medical research or operational medical 

requirements. 

(5) Lessons learned from the progress made in developing 

such a domestic production capability as of the date of the 

briefing, including from any contracts entered into by the Secretary with respect to such a domestic production capability. 

(6) Any critical active pharmaceutical ingredients that are 

under consideration by the Secretary for future domestic 

production as of the date of the briefing. 

(7) The plan of the Secretary regarding the future use 

of such a domestic production capability for critical active 

pharmaceutical ingredients. 

SEC. 745. BRIEFING ON SUBSTANCE ABUSE IN THE ARMED FORCES. 

(a) BRIEFING.—Not later than June 1, 2022, the Under Secretary of Defense for Personnel and Readiness shall provide to 

the Committees on Armed Services of the Senate and the House 

of Representatives a briefing on substance abuse policy, strategy, 

and programs within the Department of Defense. 

(b) ELEMENTS.—The briefing required under subsection (a) shall 

include each of the following elements: 

(1) With respect to policy, an overview of the policies of 

the Department of Defense and the military departments with 

respect to substance abuse, including for covered beneficiaries, 

and how each such policy is synchronized, including any definitions of the term ‘‘substance abuse’’. 

(2) With respect to background data— 

(A) an analysis of the trends in substance abuse across 

the active and reserve components of the Armed Forces 

over the preceding 10-year period, including the types of 

care (residential, outpatient, or other), any variation in 

such trends for demographics or geographic locations of 

members who have been deployed, and any other indicators 

that the Under Secretary determines may allow for further 

understanding of substance abuse programs; and 

(B) an analysis of trends in substance abuse for covered 

beneficiaries over the preceding 10-year period, including 

any variation in such trends for demographics, geographic 

location, or other indicators that the Under Secretary determines may allow for further understanding of substance 

abuse programs. 

(3) With respect to strategic communication, an overview 

of the strategic communication plan on substance abuse, 

including different forms of media and initiatives being undertaken. 

(4) With respect to treatment— 

(A) a description of the treatment options available 

and prescribed for substance abuse for members of the 

Armed Forces and covered beneficiaries, including the different environments of care, such as hospitals, residential 

treatment facilities, outpatient care, and other care as 

appropriate; 

Analyses. 

Time periods. 

Determinations. 

Deadline. 

Plan. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1809 

(B) a description of any non-catchment area care which 

resulted in the nonavailability of military medical treatment facility or military installation capabilities for substance use disorder treatment and the costs associated 

with sending members of the Armed Forces and covered 

beneficiaries to non-catchment areas for such treatment; 

(C) a description of the synchronization between substance abuse programs, mental health treatment, and case 

management, where appropriate; 

(D) a description of how substance abuse treatment 

clinical practice guidelines are used and how frequently 

such guidelines are updated; and 

(E) the metrics and outcomes that are used to determine whether substance abuse treatments are effective. 

(5) The funding lines and the amount of funding the Secretary of Defense and the Secretary of each of the military 

departments have obligated for substance abuse programs for 

each of the preceding 10 fiscal years. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘catchment area’’ means the approximately 

40-mile radius surrounding a military medical treatment 

facility or military installation, as the case may be. 

(2) The term ‘‘covered beneficiary’’ has the meaning given 

such term in section 1072 of title 10, United States Code. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Acquisition workforce educational partnerships. 

Sec. 802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations. 

Sec. 803. Authority to acquire innovative commercial products and commercial 

services using general solicitation competitive procedures. 

Sec. 804. Modifications to contracts subject to cost or pricing data certification. 

Sec. 805. Two-year extension of Selected Acquisition Report requirement. 

Sec. 806. Annual report on highest and lowest performing acquisition programs of 

the Department of Defense. 

Sec. 807. Assessment of impediments and incentives to improving the acquisition 

of commercial products and commercial services. 

Sec. 808. Briefing on transparency for certain domestic procurement waivers. 

Sec. 809. Report on violations of certain domestic preference laws. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Certain multiyear contracts for acquisition of property: budget justification materials. 

Sec. 812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures. 

Sec. 813. Office of Corrosion Policy and Oversight employee training requirements. 

Sec. 814. Modified condition for prompt contract payment eligibility. 

Sec. 815. Modification to procurement of services: data analysis and requirements 

validation. 

Sec. 816. Limitation on procurement of welded shipboard anchor and mooring chain 

for naval vessels. 

Sec. 817. Repeal of preference for fixed-price contracts. 

Time period. 


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135 STAT. 1810 PUBLIC LAW 117–81—DEC. 27, 2021 

Subtitle C—Provisions Relating to Other Transaction Authority 

Sec. 821. Modification of other transaction authority for research projects. 

Sec. 822. Modification of prize authority for advanced technology achievements. 

Sec. 823. Pilot program on systems engineering determinations. 

Sec. 824. Recommendations on the use of other transaction authority. 

Sec. 825. Reporting requirement for certain defense acquisition activities. 

Subtitle D—Provisions Relating to Software and Technology 

Sec. 831. Technology protection features activities. 

Sec. 832. Modification of enhanced transfer of technology developed at Department 

of Defense laboratories. 

Sec. 833. Pilot program on acquisition practices for emerging technologies. 

Sec. 834. Pilot program to accelerate the procurement and fielding of innovative 

technologies. 

Sec. 835. Independent study on technical debt in software-intensive systems. 

Sec. 836. Cadre of software development and acquisition experts. 

Subtitle E—Provisions Relating to Supply Chain Security 

Sec. 841. Modernization of acquisition processes to ensure integrity of industrial 

base. 

Sec. 842. Modification to analyses of certain activities for action to address sourcing 

and industrial capacity. 

Sec. 843. Assuring integrity of overseas fuel supplies. 

Sec. 844. Assessment of requirements for certain items to address supply chain 

vulnerabilities. 

Sec. 845. Department of Defense research and development priorities. 

Sec. 846. Report on the Manufacturing Engineering Education Program. 

Sec. 847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries. 

Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region. 

Subtitle F—Industrial Base Matters 

Sec. 851. Modifications to printed circuit board acquisition restrictions. 

Sec. 852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries. 

Sec. 853. Additional testing of commercial e-commerce portal models. 

Sec. 854. Requirement for industry days and requests for information to be open 

to allied defense contractors. 

Sec. 855. Employment transparency regarding individuals who perform work in the 

People’s Republic of China. 

Sec. 856. Briefing on compliance with contractor lobbying restrictions. 

Sec. 857. Congressional oversight of personnel and contracts of private security 

contractors. 

Subtitle G—Small Business Matters 

Sec. 861. Exemption of certain contracts from the periodic inflation adjustments to 

the acquisition-related dollar threshold. 

Sec. 862. Modification to the pilot program for streamlining awards for innovative 

technology projects. 

Sec. 863. Protests and appeals relating to eligibility of business concerns. 

Sec. 864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns. 

Sec. 865. Report on unfunded priorities of the Small Business Innovation Research 

and Small Business Technology Transfer program. 

Sec. 866. Report on Cybersecurity Maturity Model Certification effects on small 

business. 

Sec. 867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards. 

Subtitle H—Other Matters 

Sec. 871. Mission management pilot program. 

Sec. 872. Establishment of mission-oriented pilot programs to close significant capabilities gaps. 

Sec. 873. Independent study on acquisition practices and policies. 

Sec. 874. Pilot program to incentivize contracting with employee-owned businesses. 

Sec. 875. Guidance, training, and report on place of performance contract requirements. 

Sec. 876. Notification of certain intergovernmental support agreements. 

Sec. 877. Report on requests for equitable adjustment in Department of the Navy. 

Sec. 878. Military standards for armor materials in vehicle specifications. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1811 

Subtitle A—Acquisition Policy and 

Management 

SEC. 801. ACQUISITION WORKFORCE EDUCATIONAL PARTNERSHIPS. 

(a) IN GENERAL.—Subchapter IV of chapter 87 of title 10, 

United States Code, is amended by inserting after section 1746 

the following new section: 

‘‘§ 1746a. Acquisition workforce educational partnerships 

‘‘(a) ESTABLISHMENT.—The Secretary of Defense, acting through 

the Under Secretary of Defense for Acquisition and Sustainment, 

shall establish a program within Defense Acquisition University 

to— 

‘‘(1) facilitate the engagement of relevant experts, including 

with the acquisition research activities established under section 2361a of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the 

Defense Acquisition University, as appropriate, to enhance the 

capabilities of the Defense Acquisition University to support 

educational, training, and research activities in support of 

acquisition missions of the Department of Defense; 

‘‘(2) establish a cross-discipline, peer mentoring program 

for academic advising and to address critical retention concerns 

with respect to the acquisition workforce; 

‘‘(3) partner with extramural institutions and military 

department functional leadership to offer training and on-thejob learning support to all members of the acquisition workforce 

addressing operational challenges that affect procurement 

decisionmaking; 

‘‘(4) support the partnerships between the Department of 

Defense and extramural institutions with missions relating to 

the training and continuous development of members of the 

acquisition workforce; 

‘‘(5) accelerate the adoption, appropriate design and 

customization, and use of flexible acquisition practices by the 

acquisition workforce by expanding the availability of training 

and on-the-job learning and guidance on such practices and 

incorporating such training into the curriculum of the Defense 

Acquisition University; and 

‘‘(6) support and enhance the capabilities of the faculty 

of the Defense Acquisition University, and the currency and 

applicability of the knowledge possessed by such faculty, by— 

‘‘(A) building partnerships between the faculty of the 

Defense Acquisition University and the director of, and 

individuals involved with, the activities established under 

section 2361a of this title; 

‘‘(B) supporting the preparation and drafting of the 

reports required under subsection (f)(2); and 

‘‘(C) instituting a program under which each member 

of the faculty of the Defense Acquisition University shall 

be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural 

institution, for not less than six months out of every five 

year period. 

‘‘(b) SENIOR OFFICIAL.—Not later than 180 days after the enactment of this section, the President of the Defense Acquisition 

Deadline. 

Designation. 

Time periods. 

Assessment. 

10 USC 1746a. 


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135 STAT. 1812 PUBLIC LAW 117–81—DEC. 27, 2021 

University shall designate a senior official to execute activities 

under this section. 

‘‘(c) SUPPORT FROM OTHER DEPARTMENT OF DEFENSE ORGANIZATIONS.—The Secretary of Defense may direct other elements of 

the Department of Defense to provide personnel, resources, and 

other support to the program established under this section, as 

the Secretary determines appropriate. 

‘‘(d) FUNDING.—Subject to the availability of appropriations, 

the Under Secretary of Defense for Acquisition and Sustainment 

may use amounts available in the Defense Acquisition Workforce 

and Development Account (as established under section 1705 of 

this title) to carry out the requirements of this section. 

‘‘(e) ANNUAL REPORTS.—Not later than September 30, 2022, 

and annually thereafter, the President of the Defense Acquisition 

University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on 

the date on which such report is submitted. 

‘‘(f) EXEMPTION TO REPORT TERMINATION REQUIREMENTS.—Section 1080(a) of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 

note), as amended by section 1061(j) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 

Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to 

the reports required to be submitted to Congress under this section. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) ACQUISITION WORKFORCE.—The term ‘acquisition 

workforce’ has the meaning given such term in section 1705(g) 

of this title. 

‘‘(2) EXTRAMURAL INSTITUTIONS.—The term ‘extramural 

institutions’ means participants in an activity established under 

section 2361a of this title, public sector organizations, and 

nonprofit credentialing organizations.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for subchapter 

IV of chapter 87 of title 10, United States Code, is amended by 

inserting after the item relating to section 1746 the following new 

item: 

‘‘1746a. Acquisition workforce educational partnerships.’’. 

SEC. 802. PROHIBITION ON ACQUISITION OF PERSONAL PROTECTIVE 

EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS. 

(a) PROHIBITION.— 

(1) IN GENERAL.—Chapter 148 of title 10, United States 

Code, is amended by inserting after section 2533d the following 

new section: 

‘‘§ 2533e. Prohibition on acquisition of personal protective 

equipment and certain other items from nonallied foreign nations 

‘‘(a) IN GENERAL.—Except as provided in subsection (c), the 

Secretary of Defense may not procure any covered item from any 

covered nation. 

‘‘(b) APPLICABILITY.—Subsection (a) shall apply to prime contracts and subcontracts at any tier. 

‘‘(c) EXCEPTIONS.— ‘‘(1) IN GENERAL.—Subsection (a) does not apply under the 

following circumstances: 

10 USC 2533e. 

10 USC 1741 

prec. 

Time period. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1813 

‘‘(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the 

required form, cannot be procured as and when needed 

from nations other than covered nations to meet requirements at a reasonable price. 

‘‘(B) The procurement of a covered item for use outside 

of the United States. 

‘‘(C) Purchases for amounts not greater than $150,000. 

‘‘(2) LIMITATION.—A proposed procurement in an amount 

greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for 

this exception. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) COVERED ITEM.—The term ‘covered item’ means an 

article or item of— 

‘‘(A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected 

individuals or contamination or infection by infectious 

material (including nitrile and vinyl gloves, surgical masks, 

respirator masks and powered air purifying respirators 

and required filters, face shields and protective eyewear, 

surgical and isolation gowns, and head and foot coverings) 

or clothing, and the materials and components thereof, 

other than sensors, electronics, or other items added to 

and not normally associated with such personal protective 

equipment or clothing; or 

‘‘(B) sanitizing and disinfecting wipes, testing swabs, 

gauze, and bandages. 

‘‘(2) COVERED NATION.—The term ‘covered nation’ means— 

‘‘(A) the Democratic People’s Republic of North Korea; 

‘‘(B) the People’s Republic of China; 

‘‘(C) the Russian Federation; and 

‘‘(D) the Islamic Republic of Iran.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 2533d the following: 

‘‘2533e. Prohibition on acquisition of personal protective equipment and certain 

other items from non-allied foreign nations.’’. 

(b) FUTURE TRANSFER.— 

(1) TRANSFER AND REDESIGNATION.—Section 2533e of title 

10, United States Code, as added by subsection (a), is transferred to the end of subchapter III of chapter 385 of such 

title, as added by section 1870(d) of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal Year 

2021 (Public Law 116–283) and amended by this Act, and 

redesignated as section 4875. 

(2) CLERICAL AMENDMENTS.— 

(A) TARGET CHAPTER TABLE OF SECTIONS.—The table 

of sections for subchapter III of chapter 385 of title 10, 

United States Code, as added by section 1870(d) of the 

10 USC 2531 

prec. 

Determination. 


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135 STAT. 1814 PUBLIC LAW 117–81—DEC. 27, 2021 

William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is 

amended by adding at the end the following new item: 

‘‘4875. Prohibition on acquisition of personal protective equipment and certain other 

items from non-allied foreign nations.’’. 

(B) ORIGIN CHAPTER TABLE OF SECTIONS.—The table 

of sections at the beginning of chapter 148 of title 10, 

United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2533e. 

(3) EFFECTIVE DATE.—The transfer, redesignation, and 

amendments made by this subsection shall take effect immediately after the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act 

for Fiscal Year 2021 take effect. 

(4) REFERENCES; SAVINGS PROVISION; RULE OF CONSTRUCTION.—Sections 1883 through 1885 of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal Year 

2021 (Public Law 116–283) shall apply with respect to the 

transfers, redesignations, and amendments made under this 

subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. 

SEC. 803. AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES USING GENERAL 

SOLICITATION COMPETITIVE PROCEDURES. 

(a) AUTHORITY.— 

(1) IN GENERAL.—Chapter 140 of title 10, United States 

Code, is amended by adding at the end the following new 

section: 

‘‘§ 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures 

‘‘(a) AUTHORITY.—The Secretary of Defense and the Secretaries 

of the military departments may acquire innovative commercial 

products and commercial services through a competitive selection 

of proposals resulting from a general solicitation and the peer 

review of such proposals. 

‘‘(b) TREATMENT AS COMPETITIVE PROCEDURES.—Use of general 

solicitation competitive procedures under subsection (a) shall be 

considered to be use of competitive procedures for purposes of 

chapter 137 of this title. 

‘‘(c) LIMITATIONS.—(1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority 

under subsection (a) without a written determination from the 

Under Secretary of Defense for Acquisition and Sustainment or 

the relevant service acquisition executive of the efficacy of the 

effort to meet mission needs of the Department of Defense or 

the relevant military department. 

‘‘(2) Contracts or agreements entered into using the authority 

under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts. 

‘‘(3) Notwithstanding section 2376(1) of this title, products and 

services acquired using the authority under subsection (a) shall 

be treated as commercial products and commercial services. 

‘‘(d) CONGRESSIONAL NOTIFICATION REQUIRED.—(1) Not later 

than 45 days after the award of a contract for an amount exceeding 

Deadline. 

Determination. 

10 USC 2380c. 

Applicability. 

10 USC 2533e 

note. 

10 USC 2533e 

note. 

10 USC 2531 

prec. 

10 USC 4871 

prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1815 

$100,000,000 using the authority in subsection (a), the Secretary 

shall notify the congressional defense committees of such award. 

‘‘(2) Notice of an award under paragraph (1) shall include 

the following: 

‘‘(A) Description of the innovative commercial product or 

commercial service acquired. 

‘‘(B) Description of the requirement, capability gap, or 

potential technological advancement with respect to which the 

innovative commercial product or commercial service acquired 

provides a solution or a potential new capability. 

‘‘(C) Amount of the contract awarded. 

‘‘(D) Identification of the contractor awarded the contract. 

‘‘(e) INNOVATIVE DEFINED.—In this section, the term ‘innovative’ 

means— 

‘‘(1) any technology, process, or method, including research 

and development, that is new as of the date of submission 

of a proposal; or 

‘‘(2) any application that is new as of the date of submission 

of a proposal of a technology, process, or method existing as 

of such date.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 140 of title 10, United States Code, is 

amended by inserting after the item relating to section 2380b 

the following new item: 

‘‘2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.’’. 

(3) DATA COLLECTION.— (A) IN GENERAL.—The Secretary of Defense and each 

Secretary of a military department shall collect and analyze 

data on the use of the authority under section 2380c of 

title 10, United States Code, as added by paragraph (1), 

for the purposes of— 

(i) developing and sharing best practices for 

achieving the objectives of the authority; 

(ii) gathering information on the implementation 

of the authority and related policy issues; and 

(iii) informing the congressional defense committees on the use of the authority. 

(B) PLAN REQUIRED.—The authority under section 

2380c of title 10, United States Code, as added by paragraph (1), may not be exercised by the Secretary of Defense 

or any Secretary of a military department during the period 

beginning on October 1, 2022, and ending on the date 

on which the Secretary of Defense submits to the congressional defense committees a completed plan for carrying 

out the data collection required under paragraph (1). 

(C) CONGRESSIONAL DEFENSE COMMITTEES; MILITARY

DEPARTMENT DEFINED.—In this paragraph, the terms 

‘‘congressional defense committees’’ and ‘‘military department’’ have the meanings given such terms in section 101(a) 

of title 10, United States Code. 

(b) FUTURE TRANSFER.— 

(1) TRANSFER AND REDESIGNATION.—Section 2380c of title 

10, United States Code, as added by subsection (a), is transferred to chapter 247 of such title, added after section 3457, 

as transferred and redesignated by section 1821(a) of the William M. (Mac) Thornberry National Defense Authorization Act 

Time period. 

Analysis. 

10 USC 3458 

note. 

10 USC 2375 

prec. 


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135 STAT. 1816 PUBLIC LAW 117–81—DEC. 27, 2021 

for Fiscal Year 2021 (Public Law 116–283), and redesignated 

as section 3458. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 247 of title 10, United States Code, as 

added by section 1821(a) of the William M. (Mac) Thornberry 

National Defense Authorization Act for Fiscal Year 2021 (Public 

Law 116–283), is amended by inserting after the item related 

to section 3457 the following new item: 

‘‘3458. Authority to acquire innovative commercial products and commercial services 

using general solicitation competitive procedures.’’. 

(3) CONFORMING AMENDMENTS TO INTERNAL CROSS-REF- ERENCES.—Section 3458 of title 10, United States Code, as 

redesignated by paragraph (1), is amended— 

(A) in subsection (b), by striking ‘‘chapter 137’’ and 

inserting ‘‘chapter 221’’; and 

(B) in subsection (c)(3), by striking ‘‘section 2376(1)’’ 

and inserting ‘‘section 3451(1)’’. 

(4) EFFECTIVE DATE.—The transfer, redesignation, and 

amendments made by this subsection shall take as if included 

in title XVIII of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 

116–283). 

(5) REFERENCES; SAVINGS PROVISION; RULE OF CONSTRUCTION.—Sections 1883 through 1885 of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal Year 

2021 (Public Law 116–283) shall apply with respect to the 

transfers, redesignations, and amendments made under this 

subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. 

(c) REPEAL OF OBSOLETE AUTHORITY.—Section 879 of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 10 U.S.C. 2302 note) is hereby repealed. 

SEC. 804. MODIFICATIONS TO CONTRACTS SUBJECT TO COST OR 

PRICING DATA CERTIFICATION. 

(a) IN GENERAL.—Section 2306a(a)(6) of title 10, United States 

Code, is amended— 

(1) by striking ‘‘Upon the request’’ and all that follows 

through ‘‘paragraph (1)’’ and inserting ‘‘Under paragraph (1),’’; 

and 

(2) by striking ‘‘modify the contract’’ and all that follows 

through ‘‘consideration.’’ and inserting ‘‘modify the contract as 

soon as practicable to reflect subparagraphs (B) and (C) of 

such paragraph, without requiring consideration.’’. 

(b) TECHNICAL AMENDMENT.—Section 1831(c)(8)(A) of the William M. (Mac) Thornberry National Defense Authorization Act for 

Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4211) is amended 

by striking ‘‘before’’ and all that follows through the semicolon 

at the end and inserting ‘‘after the subsection designation;’’. 

SEC. 805. TWO-YEAR EXTENSION OF SELECTED ACQUISITION REPORT 

REQUIREMENT. 

(a) EXTENSION.—Section 2432(j) of title 10, United States Code, 

is amended by striking ‘‘fiscal year 2021’’ and inserting ‘‘fiscal 

year 2023’’. 

(b) DEMONSTRATION REQUIRED.— 

10 USC 3702. 

Applicability. 

10 USC 3458 

note. 

10 USC 3458 

note. 

10 USC 3451 

prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1817 

(1) IN GENERAL.—Not later than March 1, 2022, and every 

six months thereafter, the Secretary of Defense shall provide 

to the congressional defense committees a demonstration of 

the capability improvements necessary to achieve the full operational capability of the reporting system that will replace 

the Selected Acquisition Report requirements under section 

2432 of title 10, United States Code, as amended by subsection 

(a). 

(2) ELEMENTS.— (A) IN GENERAL.—The demonstration required under 

paragraph (1) shall incorporate the following elements: 

(i) A demonstration of the full suite of data sharing 

capabilities of the reporting system referred to in paragraph (1) that can be accessed by authorized external 

users, including the congressional defense committees, 

for a range of covered programs across acquisition categories, including those selected under section 831 of 

the National Defense Authorization Act for Fiscal Year 

2020 (Public Law 116–92; 133 Stat. 1492). 

(ii) The plans required under subsection (c), as 

available. 

(B) INITIAL REPORT.—In addition to the elements 

described in subparagraph (A), the first demonstration provided under paragraph (1) shall incorporate the findings 

of the report required under section 830(b) of the National 

Defense Authorization Act for Fiscal Year 2020 (Public 

Law 116–92; 133 Stat. 1492). 

(3) TERMINATION.—The requirements under this subsection 

shall terminate upon the date on which the Secretary of Defense 

submits to the congressional defense committees a written certification of the determination of the Secretary that the 

reporting system referred to in paragraph (1) has achieved 

full operational capability. 

(c) PLANS REQUIRED FOR DATA GATHERING AND SHARING.— 

(1) DATA REQUIRED FOR IMPROVED DECISION MAKING.— (A) IN GENERAL.—Not later than March 1, 2022, the 

Director of Cost Assessment and Program Evaluation shall 

prepare a plan for identifying and gathering the data 

required for effective decision making by program managers and Department of Defense leadership regarding covered programs. 

(B) CONTENTS.—The plan required under subparagraph (A) shall include— 

(i) data that— 

(I) address covered program progress compared to covered program cost, schedule, and 

performance goals; 

(II) provide an assessment of covered program 

risks; and 

(III) can be collected throughout the fiscal year 

without significant additional burden; 

(ii) the data, information, and analytical capabilities supported by the reporting system referred to in 

subsection (b)(1); 

(iii) the specific data elements needed to assess 

covered program performance and associated risks, 

including software development and cybersecurity 

Assessment. 

Assessment. 

Deadlines. 

Certification. 

Determination. 

Deadline. 

Time period. 


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135 STAT. 1818 PUBLIC LAW 117–81—DEC. 27, 2021 

risks, and an identification of any data elements that 

cannot be publicly released; 

(iv) the types of covered programs to be included 

in the reporting system referred to in subsection (b)(1), 

including the dollar value threshold for inclusion, and 

the acquisition methodologies and pathways that are 

to be included; 

(v) the criteria for initiating, modifying, and terminating reporting for covered programs in the reporting 

system referred to in subsection (b)(1), including program characteristics, acquisition methodology or pathway being used, cost growth or changes, and covered 

program performance; and 

(vi) the planned reporting schedule for the 

reporting system referred to in subsection (b)(1), 

including when reports will be available to authorized 

external users and the intervals at which data will 

be updated. 

(2) IMPROVED DATA SHARING WITHIN THE DEPARTMENT OF

DEFENSE AND WITH OUTSIDE STAKEHOLDERS.— 

(A) IN GENERAL.—Not later than July 1, 2022, the 

Under Secretary of Defense for Acquisition and 

Sustainment shall submit to the congressional defense 

committees the plan of the Department of Defense for 

the reporting system referred to in subsection (b)(1) to 

report to the congressional defense committees and effectively share information related to covered programs. 

(B) CONTENTS.—The plan required under subparagraph (A) shall— 

(i) incorporate the plan required under paragraph 

(1); 

(ii) provide for reporting not less frequently than 

once per year and continuous or periodic updates for 

authorized external users, as appropriate, to increase 

the efficiency of, and reduce the bureaucratic burdens 

for, reporting data and information on acquisition programs; 

(iii) identify the organizations responsible for 

implementation and overall operation of the reporting 

system referred to in subsection (b)(1); 

(iv) identify the organizations responsible for providing data for inclusion in such reporting system and 

ensuring that data is provided in a timely fashion; 

(v) include the schedule and milestones for implementing such reporting system; 

(vi) identify, for such implementation— 

(I) the resources required, including personnel 

and funding; and 

(II) the implementation risks and how such 

risks will be mitigated; 

(vii) identify the mechanisms by which reporting 

will be provided to the congressional defense committees and other authorized external users, including— 

(I) identification of types of organizations that 

will have access to the system, including those 

outside the Department of Defense; 

Schedule. 

Data. 

Time period. 

Updates. 

Schedule. 

Criteria. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1819 

(II) how the system will be accessed by users, 

including those outside the Department of Defense; 

and 

(III) how such users will be trained on the 

use of the system and what level of support will 

be available for such users on an ongoing basis; 

and 

(viii) identify any changes to policy, guidance, or 

legislation that are required to begin reporting to the 

congressional defense committees in accordance with 

the plan. 

(d) COVERED PROGRAM DEFINED.—In this section, the term 

‘‘covered program’’ means a program required to be included in 

a report submitted under section 2432 of title 10, United States 

Code. 

SEC. 806. ANNUAL REPORT ON HIGHEST AND LOWEST PERFORMING 

ACQUISITION PROGRAMS OF THE DEPARTMENT OF 

DEFENSE. 

(a) IN GENERAL.—Not later than January 31, 2023, and 

annually thereafter for the following three years, the Component 

Acquisition Executive of each element or organization of the Department of Defense shall rank each covered acquisition program based 

on the criteria selected under subsection (b)(1) and submit to the 

congressional defense committees a report that contains a ranking 

of the five highest performing and five lowest performing covered 

acquisition programs for such element or organization based on 

such criteria. 

(b) RANKING CRITERIA.— 

(1) IN GENERAL.—In completing the report required under 

subsection (a), each Component Acquisition Executive, in consultation with other officials of the Department of Defense 

as determined appropriate by the Component Acquisition 

Executive, shall select the criteria for ranking each covered 

acquisition program. 

(2) INCLUSION IN REPORT.—Each Component Acquisition 

Executive shall include in the report submitted under subsection (a) an identification of the specific ranking criteria 

selected under paragraph (1), including a description of how 

those criteria are consistent with best acquisition practices. 

(c) ADDITIONAL REPORT ELEMENTS.—Each Component Acquisition Executive shall include in the report required under subsection 

(a) for each of the five acquisition programs ranked as the lowest 

performing the following: 

(1) A description of the factors that contributed to the 

ranking of the program as low performing. 

(2) An assessment of the underlying causes of the poor 

performance of the program. 

(3) A plan for addressing the challenges of the program 

and improving performance, including specific actions that will 

be taken and proposed timelines for completing such actions. 

(d) DEFINITIONS.—In this section: 

(1) COMPONENT ACQUISITION EXECUTIVE.—The term 

‘‘Component Acquisition Executive’’ means— 

(A) a service acquisition executive; or 

(B) an individual designated by the head of an element 

or organization of the Department of Defense, other than 

Plan. 

Assessment. 

Consultation. 

Time period. 


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135 STAT. 1820 PUBLIC LAW 117–81—DEC. 27, 2021 

a military department, as the Component Acquisition 

Executive for that element or organization. 

(2) COVERED ACQUISITION PROGRAM.—In this section the 

term ‘‘covered acquisition program’’ means— 

(A) a major defense acquisition program as defined 

in section 2430 of title 10, United States Code; or 

(B) an acquisition program that is estimated by the 

Component Acquisition Executive to require an eventual 

total expenditure described in section 2430(a)(1)(B) of title 

10, United States Code. 

(3) MILITARY DEPARTMENT; SERVICE ACQUISITION EXECU- TIVE.—The terms ‘‘military department’’ and ‘‘service acquisition executive’’ have the meanings given such terms in section 

101(a) of title 10, United States Code. 

SEC. 807. ASSESSMENT OF IMPEDIMENTS AND INCENTIVES TO 

IMPROVING THE ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. 

(a) ASSESSMENT REQUIRED.—The Under Secretary of Defense 

for Acquisition and Sustainment and the Chairman of the Joint 

Requirements Oversight Council shall jointly assess impediments 

and incentives to fulfilling the goals of section 3307 of title 41, 

United States Code, and section 2377 of title 10, United States 

Code, regarding preferences for commercial products and commercial services to— 

(1) enhance the innovation strategy of the Department 

of Defense to compete effectively against peer adversaries; and 

(2) encourage the rapid adoption of commercial advances 

in technology. 

(b) ELEMENTS OF ASSESSMENT.—The assessment shall include 

a review of the use of preferences for commercial products and 

commercial services in procurement, including an analysis of— 

(1) relevant policies, regulations, and oversight processes; 

(2) relevant acquisition workforce training and education; 

(3) the role of requirements in the adaptive acquisition 

framework (as described in Department of Defense Instruction 

5000.02, ‘‘Operation of the Adaptive Acquisition Framework’’), 

including— 

(A) the ability to accommodate evolving commercial 

functionality and new opportunities identified during 

market research; and 

(B) how phasing and uncertainty in requirements are 

treated; 

(4) the role of competitive procedures and source selection 

procedures, including the ability to structure acquisition processes to accommodate— 

(A) multiple or unequal solutions; and 

(B) emerging solutions that could fulfill program 

requirements; 

(5) the role of planning, programming, and budgeting structures and processes, including appropriations categories; 

(6) systemic biases in favor of custom solutions; 

(7) allocation of technical data rights; 

(8) strategies to control modernization and sustainment 

costs; 

(9) the risk to contracting officers and other members of 

the acquisition workforce of acquiring commercial products and 

Reviews. 

Analyses. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1821 

commercial services, and incentives and disincentives for taking 

such risks; and 

(10) potential reforms that do not impose additional burdensome and time-consuming constraints on the acquisition 

process. 

(c) BRIEFING.—Not later than 120 days after the date of the 

enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements 

Oversight Council shall brief the congressional defense committees 

on the results of the required assessment and any actions undertaken to improve compliance with the statutory preference for 

commercial products and commercial services, including any recommendations to Congress for legislative action. 

SEC. 808. BRIEFING ON TRANSPARENCY FOR CERTAIN DOMESTIC 

PROCUREMENT WAIVERS. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall brief the congressional 

defense committees on the extent to which information relating 

to the use of domestic procurement waivers by the Department 

of Defense is publicly available. 

SEC. 809. REPORT ON VIOLATIONS OF CERTAIN DOMESTIC PREFERENCE LAWS. 

(a) REPORT REQUIRED.—Not later than February 1 of each 

of 2023, 2024, and 2025, the Secretary of Defense, in coordination 

with each Secretary of a military department, shall submit to 

the congressional defense committees a report on violations of certain domestic preference laws reported to the Department of 

Defense and the military departments. Each report shall include 

such violations that occurred during the previous fiscal year covered 

by the report. 

(b) ELEMENTS.—Each report required under subsection (a) shall 

include the following for each reported violation: 

(1) The name of the contractor. 

(2) The contract number. 

(3) The nature of the violation, including which of the 

certain domestic preference laws was violated. 

(4) The origin of the report of the violation. 

(5) Actions taken or pending by the Secretary concerned 

in response to the violation. 

(6) Other related matters deemed appropriate by the Secretary concerned. 

(c) CERTAIN DOMESTIC PREFERENCE LAWS DEFINED.—In this 

section, the term ‘‘certain domestic preference laws’’ means any 

provision of section 2533a or 2533b of title 10, United States Code, 

or chapter 83 of title 41 of such Code, that requires or creates 

a preference for the procurement of goods, articles, materials, or 

supplies, that are grown, mined, reprocessed, reused, manufactured, 

or produced in the United States. 

Coordination. 

Time periods. 

Deadline. 

Deadline. 

Compliance. 

Recommendations. 


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135 STAT. 1822 PUBLIC LAW 117–81—DEC. 27, 2021 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

SEC. 811. CERTAIN MULTIYEAR CONTRACTS FOR ACQUISITION OF 

PROPERTY: BUDGET JUSTIFICATION MATERIALS. 

(a) IN GENERAL.—Chapter 9 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 239c. Certain multiyear contracts for acquisition of property: budget justification materials 

‘‘(a) IN GENERAL.—In the budget justification materials submitted to Congress in support of the Department of Defense budget 

for fiscal year 2023 and each fiscal year thereafter (as submitted 

with the budget of the President under section 1105(a) of title 

31), the Secretary of Defense shall include a proposal for any 

multiyear contract of the Department entered into under section 

2306b of this title that— 

‘‘(1) the head of an agency intends to cancel during the 

fiscal year; or 

‘‘(2) with respect to which the head of an agency intends 

to effect a covered modification during the fiscal year. 

‘‘(b) ELEMENTS.—Each proposal required by subsection (a) shall 

include the following: 

‘‘(1) A detailed assessment of any expected termination 

costs associated with the proposed cancellation or covered modification of the multiyear contract. 

‘‘(2) An updated assessment of estimated savings of such 

cancellation or carrying out the multiyear contract as modified 

by such covered modification. 

‘‘(3) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification. 

‘‘(4) An assessment of expected impacts of the proposed 

cancellation or covered modification on the defense industrial 

base, including workload stability, loss of skilled labor, and 

reduced efficiencies. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered modification’ means a modification 

that will result in a reduction in the quantity of end items 

to be procured. 

‘‘(2) The term ‘head of an agency’ means— 

‘‘(A) the Secretary of Defense; 

‘‘(B) the Secretary of the Army; 

‘‘(C) the Secretary of the Navy; or 

‘‘(D) the Secretary of the Air Force.’’. 

Update. 

Costs. 

Assessments. 

Proposal. 

10 USC 239c. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1823 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 9 of such title is amended by adding at the end 

the following new item: 

‘‘239c. Certain multiyear contracts for acquisition of property: budget justification 

materials.’’. 

SEC. 812. EXTENSION OF DEMONSTRATION PROJECT RELATING TO 

CERTAIN ACQUISITION PERSONNEL MANAGEMENT POLICIES AND PROCEDURES. 

Section 1762(g) of title 10, United States Code, is amended 

by striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2026’’. 

SEC. 813. OFFICE OF CORROSION POLICY AND OVERSIGHT EMPLOYEE 

TRAINING REQUIREMENTS. 

Section 2228 of title 10, United States Code, is amended— 

(1) in subsection (b), by adding at the end the following 

new paragraph: 

‘‘(6) The Director shall ensure that contractors of the 

Department of Defense carrying out activities for the prevention 

and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense employ for such activities a substantial number of individuals who have completed, 

or who are currently enrolled in, a qualified training program.’’; 

(2) in subsection (c)— 

(A) in paragraph (2), by striking ‘‘and’’ at the end 

and inserting a semicolon; 

(B) in paragraph (3), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(4) require that any training or professional development 

activities for military personnel or civilian employees of the 

Department of Defense for the prevention and mitigation of 

corrosion of the military equipment and infrastructure of the 

Department of Defense are conducted under a qualified training 

program that trains and certifies individuals in meeting corrosion control standards that are recognized industry-wide.’’; and 

(3) in subparagraph (f), by adding at the end the following 

new paragraph: 

‘‘(6) The term ‘qualified training program’ means a training 

program in corrosion control, mitigation, and prevention that 

is— 

‘‘(A) offered or accredited by an organization that sets 

industry corrosion standards; or 

‘‘(B) an industrial coatings applicator training program 

registered under the Act of August 16, 1937 (popularly 

known as the ‘National Apprenticeship Act’; 29 U.S.C. 50 

et seq.).’’. 

SEC. 814. MODIFIED CONDITION FOR PROMPT CONTRACT PAYMENT 

ELIGIBILITY. 

Section 2307(a)(2)(B) of title 10, United States Code, is amended 

by striking ‘‘if the prime contractor agrees or proposes to make 

payments to the subcontractor’’ and inserting ‘‘if the prime contractor agrees to make payments to the subcontractor’’. 

Definitions. 

Certification. 

10 USC 221 prec. 


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135 STAT. 1824 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 815. MODIFICATION TO PROCUREMENT OF SERVICES: DATA ANALYSIS AND REQUIREMENTS VALIDATION. 

(a) IN GENERAL.—Section 2329 of title 10, United States Code, 

is amended— 

(1) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘October 1, 2021’’ and inserting ‘‘February 1, 2023’’; and 

(B) by striking paragraphs (4) and (5) and inserting 

the following new paragraphs: 

‘‘(4) be informed by the review of the inventory required 

by section 2330a(c) using standard guidelines developed under 

subsection (d); and 

‘‘(5) clearly and separately identify the amount requested 

and projected for the procurement of contract services for each 

Defense Agency, Department of Defense Field Activity, command, or military installation for the budget year and the 

subsequent four fiscal years in the future-years defense program submitted to Congress under section 221.’’; 

(2) by amending subsection (d) to read as follows: 

‘‘(d) REQUIREMENTS EVALUATION.—(1) Each Services Requirements Review Board shall evaluate each requirement for a services 

contract, taking into consideration total force management policies 

and procedures, available resources, the analyses conducted under 

subsection (c), and contracting efficacy and efficiency. An evaluation 

of a services contract for compliance with contracting policies and 

procedures may not be considered to be an evaluation of a requirement for such services contract. 

‘‘(2) The Secretary of Defense shall establish and issue standard 

guidelines within the Department of Defense for the evaluation 

of requirements for services contracts. Any such guidelines issued— 

‘‘(A) shall be consistent with the ‘Handbook of Contract 

Function Checklists for Services Acquisition’ issued by the 

Department of Defense in May 2018, or a successor or other 

appropriate policy; and 

‘‘(B) shall be updated as necessary to incorporate applicable 

statutory changes to total force management policies and procedures and any other guidelines or procedures relating to the 

use of Department of Defense civilian employees to perform 

new functions and functions that are performed by contractors. 

‘‘(3) The acquisition decision authority for each services contract 

shall certify— 

‘‘(A) that a task order or statement of work being submitted 

to a contracting office is in compliance with the standard guidelines; 

‘‘(B) that all appropriate statutory risk mitigation efforts 

have been made; and 

‘‘(C) that such task order or statement of work does not 

include requirements formerly performed by Department of 

Defense civilian employees. 

‘‘(4) The Inspector General of the Department of Defense may 

conduct annual audits to ensure compliance with this subsection.’’; 

(3) by striking subsection (f) and redesignating the subsequent subsections accordingly; and 

(4) in subsection (f), as so redesignated— 

(A) in paragraph (3), by striking ‘‘January 5, 2016’’ 

and inserting ‘‘January 10, 2020’’; and 

(B) by adding at the end the following new paragraph: 

Audits. 

Compliance. 

Compliance. 

Certifications. 

Updates. 

Guidelines. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1825 

‘‘(4) The term ‘acquisition decision authority’ means the 

designated decision authority for each designated special 

interest services acquisition category, described in such Department of Defense Instruction.’’. 

(b) REPEALS.— (1) Section 235 of title 10, United States Code, is repealed. 

(2) Section 852 of the National Defense Authorization Act 

for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1492; 10 

U.S.C. 2329 note) is repealed. 

SEC. 816. LIMITATION ON PROCUREMENT OF WELDED SHIPBOARD 

ANCHOR AND MOORING CHAIN FOR NAVAL VESSELS. 

Section 2534 of title 10, United States Code, is amended— 

(1) in subsection (a)(2), by adding at the end the following 

new subparagraph: 

‘‘(F) Welded shipboard anchor and mooring chain.’’; 

and 

(2) in subsection (b)— 

(A) by striking ‘‘A manufacturer’’ and inserting ‘‘(1) 

Except as provided in paragraph (2), a manufacturer’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) A manufacturer of welded shipboard anchor and mooring 

chain for naval vessels meets the requirements of this subsection 

if the manufacturer is part of the national technology and industrial 

base.’’. 

SEC. 817. REPEAL OF PREFERENCE FOR FIXED-PRICE CONTRACTS. 

Section 829 of the National Defense Authorization Act for Fiscal 

Year 2017 (10 U.S.C. 2306 note) is repealed. 

Subtitle C—Provisions Relating to Other 

Transaction Authority 

SEC. 821. MODIFICATION OF OTHER TRANSACTION AUTHORITY FOR 

RESEARCH PROJECTS. 

(a) IN GENERAL.—Section 2371 of title 10, United States Code, 

is amended— 

(1) in subsection (e)— 

(A) by striking paragraph (2); 

(B) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘(1)’’; and 

(C) by redesignating subparagraphs (A) and (B) as 

paragraphs (1) and (2), respectively; and 

(2) by amending subsection (h) to read as follows: 

‘‘(h) GUIDANCE.—The Secretary of Defense shall issue guidance 

to carry out this section.’’. 

(b) CONFORMING AMENDMENT.—Section 2371b(b)(1) of title 10, 

United States Code, is amended by striking ‘‘Subsections (e)(1)(B) 

and (e)(2)’’ and inserting ‘‘Subsection (e)(2)’’. 

SEC. 822. MODIFICATION OF PRIZE AUTHORITY FOR ADVANCED TECHNOLOGY ACHIEVEMENTS. 

Section 2374a of title 10, United States Code, is amended— 

(1) in subsection (a), by inserting ‘‘, including procurement 

contracts and other agreements,’’ after ‘‘other types of prizes’’; 

Definition. 


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135 STAT. 1826 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) in subsection (b), in the first sentence, by inserting 

‘‘and for the selection of recipients of procurement contracts 

and other agreements’’ after ‘‘cash prizes’’; 

(3) in subsection (c)(1), by inserting ‘‘without the approval 

of the Under Secretary of Defense for Research and 

Engineering’’ before the period at the end; and 

(4) by adding at the end the following new subsection: 

‘‘(g) CONGRESSIONAL NOTICE.— 

‘‘(1) IN GENERAL.—Not later than 15 days after a procurement contract or other agreement that exceeds a fair market 

value of $10,000,000 is awarded under the authority under 

a program under subsection (a), the Secretary of Defense shall 

submit to the congressional defense committees written notice 

of such award. 

‘‘(2) CONTENTS.—Each notice submitted under paragraph 

(1) shall include— 

‘‘(A) the value of the relevant procurement contract 

or other agreement, as applicable, including all options; 

‘‘(B) a brief description of the research result, technology development, or prototype for which such procurement contract or other agreement, as applicable, was 

awarded; and 

‘‘(C) an explanation of the benefit to the performance 

of the military mission of the Department of Defense 

resulting from the award.’’. 

SEC. 823. PILOT PROGRAM ON SYSTEMS ENGINEERING DETERMINATIONS. 

(a) REQUIREMENT.—As soon as practicable but not later than 

September 30, 2023, the Secretary of Defense shall ensure that 

each covered entity enters into at least two covered transactions 

under an authority described in subsection (b), where each such 

covered transaction includes the system engineering determinations 

described under subsection (c). 

(b) COVERED AUTHORITIES.—The authorities described under 

this subsection are as follows: 

(1) Section 2371 of title 10, United States Code, with 

respect to applied and advanced research project transactions 

relating to weapons systems. 

(2) Section 2371b of such title, with respect to transactions 

relating to weapons systems. 

(3) Section 2373 of such title. 

(4) Section 2358 of such title, with respect to transactions 

relating to weapons systems. 

(c) SYSTEMS ENGINEERING DETERMINATIONS.— 

(1) FIRST DETERMINATION.— 

(A) SUCCESS CRITERIA.—The head of a covered entity 

that enters into a covered transaction under this section 

shall identify, in writing, not later than 30 days after 

entering into such covered transaction, measurable success 

criteria related to potential military applications of such 

covered transaction, to be demonstrated not later than 

the last day of the period of performance for such covered 

transaction. 

(B) TYPES OF DETERMINATIONS.—Not later than 30 days 

after the end of such period of performance, the head 

Deadlines. 

10 USC 4001 

note. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1827 

of the covered entity shall make one of the following determinations: 

(i) A ‘‘Discontinue’’ determination, under which 

such head discontinues support of the covered transaction and provides a rationale for such determination. 

(ii) A ‘‘Retain and Extend’’ determination, under 

which such head ensures continued performance of 

such covered transaction and extends the period of 

performance for a specified period of time in order 

to achieve the success criteria described under subparagraph (A). 

(iii) An ‘‘Endorse and Refer’’ determination, under 

which such head endorses the covered transaction and 

refers it to the most appropriate Service Systems 

Engineering Command, based on the technical 

attributes of the covered transaction and the associated 

potential military applications, based on meeting or 

exceeding the success criteria. 

(C) WRITTEN NOTICE.—A determination made pursuant 

to subparagraph (B) shall be documented in writing and 

provided to the person performing the covered transaction 

to which the determination relates. 

(D) FURTHER DETERMINATION.—If the head of a covered 

entity issued a ‘‘Retain and Extend’’ determination 

described in subparagraph (B)(ii), such head shall, at the 

end of the extension period— 

(i) issue an ‘‘Endorse and Refer’’ determination 

described in subparagraph (B)(iii) if the success criteria 

are met; or 

(ii) issue a ‘‘Discontinue’’ determination described 

in subparagraph (B)(i) if the success criteria are not 

met. 

(2) SECOND DETERMINATION.— 

(A) SYSTEMS ENGINEERING PLAN.—The head of the 

Service Systems Engineering Command that receives a 

referral from an ‘‘Endorse and Refer’’ determination 

described in paragraph (1)(B)(iii) shall, not later than 30 

days after receipt of such referral, formulate a systems 

engineering plan with the person performing the referred 

covered transaction, technical experts of the Department 

of Defense, and any prospective program executive officers. 

(B) ELEMENTS.—The systems engineering plan 

required under subparagraph (A) shall include the following: 

(i) Measurable baseline technical capability, based 

on meeting the success criteria described in paragraph 

(1)(A). 

(ii) Measurable transition technical capability, 

based on the technical needs of the prospective program 

executive officers to support a current or future program of record. 

(iii) Discrete technical development activities necessary to progress from the baseline technical capability to the transition technical capability, including 

an approximate cost and schedule, including activities 

that provide resolution to issues relating to— 

(I) interfaces; 

Costs. 

Schedule. 


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135 STAT. 1828 PUBLIC LAW 117–81—DEC. 27, 2021 

(II) data rights; 

(III) Federal Government technical requirements; 

(IV) specific platform technical integration; 

(V) software development; 

(VI) component, subsystem, or system prototyping; 

(VII) scale models; 

(VIII) technical manuals; 

(IX) lifecycle sustainment needs; and 

(X) other needs identified by the relevant program executive officer. 

(iv) Identification and commitment of funding 

sources to complete the activities under clause (iii). 

(C) TYPES OF DETERMINATIONS.—Not later than 30 days 

after the end of the schedule required by subparagraph 

(B)(iii), the head of the Service Systems Engineering Command shall make one of the following determinations: 

(i) A ‘‘Discontinue’’ determination, under which 

such head discontinues support of the covered transaction and provides a rationale for such determination. 

(ii) A ‘‘Retain and Extend’’ determination, under 

which such head ensures continued performance of 

such covered transaction within the Service Systems 

Engineering Command and extends the period of 

performance for a specified period of time in order 

to— 

(I) successfully complete the systems 

engineering plan required under subparagraph (A); 

and 

(II) issue specific remedial or additional activities to the person performing the covered transaction. 

(iii) An ‘‘Endorse and Refer’’ determination, under 

which such head endorses the covered transaction and 

refers it to a program executive officer, based on 

successful completion of the systems engineering plan 

required under subparagraph (A). 

(D) WRITTEN NOTICE.—A determination made pursuant 

to subparagraph (C) shall be documented in writing and 

provided to the person performing the covered transaction 

to which the determination relates and any prospective 

program executive officers for such covered transaction. 

(E) FURTHER DETERMINATION.—If the head of the 

Service Systems Engineering Command issued a ‘‘Retain 

and Extend’’ determination described in subparagraph 

(C)(ii), such head shall, at the end of the extension period— 

(i) issue an ‘‘Endorse and Refer’’ determination 

described in subparagraph (C)(iii) if the transition technical capability criteria are met; or 

(ii) issue a ‘‘Discontinue’’ determination described 

in subparagraph (B)(i) if the success criteria are not 

met. 

(d) PRIORITY FOR COVERED TRANSACTION SELECTION.—In 

selecting a covered transaction under this section, the Secretary 

shall prioritize those covered transactions that— 

(1) are being initially demonstrated at a covered entity; 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1829 

(2) demonstrate a high potential to be further developed 

by a Service Systems Engineering Command; and 

(3) demonstrate a high potential to be used in a program 

of the Department of Defense. 

(e) NOTIFICATIONS.— 

(1) IN GENERAL.—Not later than 30 days after a covered 

transaction is entered into pursuant to subsection (a), the Secretary of Defense shall notify the congressional defense committees of such covered transaction. 

(2) UPDATES.—Not later than 120 days after such a covered 

transaction is entered into, and every 120 days thereafter until 

the action specified in subsection (c)(1)(B)(i), (c)(2)(C)(i), or 

(c)(2)(C)(iii) occurs, the Secretary of Defense shall provide written updates to the congressional defense committees on the 

actions being taken by the Department to comply with the 

requirements of this section. 

(f) BRIEFING REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall provide 

a briefing to the Committees on Armed Services of the Senate 

and the House of Representatives with a detailed plan to implement 

the requirements of this section. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘covered entity’’ means— 

(A) the Defense Innovation Unit; 

(B) the Strategic Capabilities Office; or 

(C) the Defense Advanced Research Projects Agency. 

(2) The term ‘‘covered transaction’’ means a transaction, 

procurement, or project conducted pursuant to an authority 

listed in subsection (b). 

(3) The term ‘‘Service Systems Engineering Command’’ 

means the specific Department of Defense command that 

reports through a chain of command to the head of a military 

department that specializes in the systems engineering of a 

system, subsystem, component, or capability area. 

SEC. 824. RECOMMENDATIONS ON THE USE OF OTHER TRANSACTION 

AUTHORITY. 

(a) REVIEW AND RECOMMENDATIONS REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense shall review 

the current use, and the authorities, regulations, and policies 

related to the use, of other transaction authority under sections 

2371 and 2371b of title 10, United States Code, and assess 

the merits of modifying or expanding such authorities with 

respect to— 

(A) the inclusion in such transactions for the Government and contractors to include force majeure provisions 

to deal with unforeseen circumstances in execution of the 

transaction; 

(B) the determination of the traditional or nontraditional status of an entity based on the parent company 

or majority owner of the entity; 

(C) the determination of the traditional or nontraditional status of an entity based on the status of an entity 

as a qualified businesses wholly-owned through an 

Employee Stock Ownership Plan; 

Determination. 

Determination. 

Assessment. 

Plan. 

Time period. 

Compliance. 


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135 STAT. 1830 PUBLIC LAW 117–81—DEC. 27, 2021 

(D) the ability of the Department of Defense to award 

agreements for prototypes with all of the costs of the prototype project provided by private sector partners of the 

participant to the transaction for such prototype project, 

to allow for expedited transition into follow-on production 

agreements for appropriate technologies; 

(E) the ability of the Department of Defense to award 

agreements for procurement, including without the need 

for prototyping; 

(F) the ability of the Department of Defense to award 

agreements for sustainment of capabilities, including without the need for prototyping; 

(G) the ability of the Department of Defense to award 

agreements to support the organic industrial base; 

(H) the ability of the Department of Defense to award 

agreements for prototyping of services or acquisition of 

services; 

(I) the need for alternative authorities or policies to 

more effectively and efficiently execute agreements with 

private sector consortia; 

(J) the ability of the Department of Defense to monitor 

and report on individual awards made under consortiumbased other transactions; and 

(K) other issues as identified by the Secretary. 

(2) QUALIFIED BUSINESSES WHOLLY-OWNED THROUGH AN

EMPLOYEE STOCK OWNERSHIP PLAN DEFINED.—The term ‘‘qualified businesses wholly-owned through an Employee Stock 

Ownership Plan’’ means an S corporation (as defined in section 

1361(a)(1) of the Internal Revenue Code of 1986) for which 

100 percent of the outstanding stock is held through an 

employee stock ownership plan (as defined in section 4975(e)(7) 

of the Internal Revenue Code). 

(b) ISSUES IDENTIFIED AND RECOMMENDATIONS FOR CHANGES

TO POLICIES OR AUTHORITIES.—In carrying out the review under 

paragraph (1) of subsection (a), with respect to each issue described 

in subparagraphs (A) through (K) of such paragraph, the Secretary 

of Defense shall— 

(1) identify relevant issues and challenges with the use 

of the authority under section 2371 or 2371b of title 10, United 

States Code; 

(2) discuss the advantages and disadvantages of modifying 

or expanding the authority under section 2371 or 2371b of 

title 10, United States Code, to address issues under paragraph 

(1); 

(3) identify policy changes that will be made to address 

issues identified under paragraph (1); 

(4) make recommendations to the congressional defense 

committees for new or modified statutory authorities to address 

issues identified under paragraph (1); and 

(5) provide such other information as determined appropriate by the Secretary. 

(c) REPORT.—Not later than December 31, 2022, the Secretary 

of Defense shall submit to the congressional defense committees 

a report describing activities undertaken pursuant to this section, 

as well as issues identified, policy changes proposed, justifications 

for such proposed policy changes, and recommendations for legislative changes. 

Recommendations. 

Recommendations. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1831 

SEC. 825. REPORTING REQUIREMENT FOR CERTAIN DEFENSE ACQUISITION ACTIVITIES. 

(a) PROCEDURES FOR IDENTIFYING CERTAIN ACQUISITION AGREEMENTS AND ACTIVITIES.—The Secretary of Defense shall establish 

procedures to identify organizations performing on individual 

projects under the following types of awards: 

(1) Other transaction agreements pursuant to the authorities under section 2371 and 2371b of title 10, United States 

Code. 

(2) Individual task orders awarded under a task order 

contract (as defined in section 2304d of title 10, United States 

Code), including individual task orders issued to a federally 

funded research and development center. 

(b) For initial agreements covered under subsection (a), the 

procedures required under subsection (a) shall include, but not 

be limited to— 

(1) the participants to the transaction (other than the Federal Government); 

(2) each business selected to perform work under the transaction by a participant to the transaction that is a consortium 

of private entities; 

(3) the date on which each participant entered into the 

transaction; 

(4) the amount of the transaction; and 

(5) other related matters the Secretary deems appropriate. 

(c) For follow-on contracts, agreements, or transactions covered 

under subsection (a), the procedures required under subsection 

(a) shall include, but not be limited to— 

(1) identification of the initial covered contract or transaction and each subsequent follow-on contract or transaction; 

(2) the awardee; 

(3) the amount; 

(4) the date awarded; and 

(5) other related matters the Secretary deems appropriate. 

(d) The Administrator of the General Services Administration 

shall update the Federal Procurement Data System (FPDS) within 

180 days to collect the data required under this section. 

(e) REPORTING.—Not later than one year after the date of 

the enactment of this Act, and not less than annually thereafter, 

the Secretary of Defense shall submit to the congressional defense 

committees a report on the use of agreements and activities 

described in subsection (a) and associated funding. 

(f) PUBLICATION OF INFORMATION.—Not later than one year 

after the date of enactment of this Act, the Secretary of Defense 

shall establish procedures to collect information on individual agreements and activities described in this section and associated funding 

in an online, public, searchable database, unless the Secretary 

deems such disclosure inappropriate for individual agreements 

based on national security concerns. 

Deadline. 

Web posting. 

Database. 

Update. 

Deadline. 

Data. 

10 USC 4021 

note. 


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135 STAT. 1832 PUBLIC LAW 117–81—DEC. 27, 2021 

Subtitle D—Provisions Relating to 

Software and Technology 

SEC. 831. TECHNOLOGY PROTECTION FEATURES ACTIVITIES. 

(a) IN GENERAL.—Section 2357 of title 10, United States Code, 

is amended— 

(1) in subsection (b)— 

(A) by inserting ‘‘(1)’’ before ‘‘Any’’; 

(B) by adding at the end the following new paragraph: 

‘‘(2) The Secretary may deem the portion of the costs of the 

contractor described in paragraph (1) with respect to a designated 

system as allowable independent research and development costs 

under the regulations issued under section 2372 of this title if— 

‘‘(A) the designated system receives Milestone B approval; 

and 

‘‘(B) the Secretary determines that doing so would further 

the purposes of this section.’’; and 

(2) in subsection (c)— 

(A) by redesignating paragraph (2) as paragraph (4); 

and 

(B) by inserting after paragraph (1) the following new 

paragraphs: 

‘‘(2) The term ‘independent research and development costs’ 

has the meaning given the term in section 31.205-18 of title 

48, Code of Federal Regulations. 

‘‘(3) The term ‘Milestone B approval’ has the meaning given 

the term in section 2366(e)(7) of this title.’’. 

(b) CONFORMING REGULATIONS.—Not later than 120 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall revise the Department of Defense Supplement to the Federal 

Acquisition Regulation to conform with section 2357 of title 10, 

United States Code, as amended by subsection (a). 

SEC. 832. MODIFICATION OF ENHANCED TRANSFER OF TECHNOLOGY 

DEVELOPED AT DEPARTMENT OF DEFENSE LABORATORIES. 

Section 801(e) of the National Defense Authorization Act for 

Fiscal Year 2014 (10 U.S.C. 2514 note) is amended— 

(1) by redesignating subsection (e) as subsection (f); 

(2) by striking subsection (d) and inserting the following 

new subsections: 

‘‘(d) DATA COLLECTION.—The Secretary of Defense shall develop 

and implement a plan to collect and analyze data on the use 

of authority under this section for the purposes of— 

‘‘(1) developing and sharing best practices; and 

‘‘(2) providing information to the Secretary of Defense and 

Congress on the use of authority under this section and related 

policy issues. 

‘‘(e) REPORT.—The Secretary of Defense shall submit a report 

to the congressional defense committees on the activities carried 

out under this section not later than December 31, 2025.’’; and 

(3) in subsection (f) (as so redesignated), by striking 

‘‘December 31, 2021’’ and inserting ‘‘December 31, 2026’’. 

Plan. 

Analysis. 

Deadline. 

Revision. 

10 USC 4067 

note. 

Definitions. 

Determination. 

Costs. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1833 

SEC. 833. PILOT PROGRAM ON ACQUISITION PRACTICES FOR 

EMERGING TECHNOLOGIES. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense, acting through 

the Under Secretary of Defense for Acquisition and Sustainment 

or the Under Secretary’s designee, shall establish a pilot program 

(in this section referred to as the ‘‘Pilot Program’’) to develop and 

implement unique acquisition mechanisms for emerging technologies in order to increase the speed of transition of emerging 

technologies into acquisition programs or into operational use. 

(b) ELEMENTS.—In carrying out the Pilot Program, the Under 

Secretary of Defense for Acquisition and Sustainment shall— 

(1) identify, and award agreements to, not less than four 

new projects supporting high-priority defense modernization 

activities, consistent with the National Defense Strategy, with 

consideration given to— 

(A) offensive missile capabilities; 

(B) space-based assets; 

(C) personnel and quality of life improvement; 

(D) energy generation and storage; and 

(E) any other area activities the Under Secretary determines appropriate; 

(2) develop a unique acquisition plan for each project identified pursuant to paragraph (1) that is significantly novel from 

standard Department of Defense acquisition practices, including 

the use of— 

(A) alternative price evaluation models; 

(B) alternative independent cost estimation methodologies; 

(C) alternative market research methods; 

(D) continuous assessment of performance metrics to 

measure project value for use in program management 

and oversight; 

(E) alternative intellectual property strategies, 

including activities to support modular open system 

approaches (as defined in section 2446a(b) of title 10, 

United States Code) and reduce life-cycle and sustainment 

costs; and 

(F) other alternative practices identified by the Under 

Secretary; 

(3) execute the acquisition plans described in paragraph 

(2) and award agreements in an expedited manner; and 

(4) determine if existing authorities are sufficient to carry 

out the activities described in this subsection and, if not, submit 

to the congressional defense committees recommendations for 

statutory reforms that will provide sufficient authority. 

(c) REGULATION WAIVER.—The Under Secretary of Defense for 

Acquisition and Sustainment shall establish mechanisms for the 

Under Secretary to waive, upon request, regulations, directives, 

or policies of the Department of Defense, a military service, or 

a Defense Agency with respect to a project awarded an agreement 

under the Pilot Program if the Under Secretary determines that 

such a waiver furthers the purposes of the Pilot Program, unless 

such waiver would be prohibited by a provision of a Federal statute 

or common law. 

(d) AGREEMENT TERMINATION.— 

Determination. 

Determination. 

Recommendations. 

Strategies. 

Assessment. 

Acquisition plan. 

Deadline. 

10 USC 4001 

note. 


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135 STAT. 1834 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) IN GENERAL.—The Secretary of Defense may establish 

procedures to terminate agreements awarded under the Pilot 

Program. 

(2) NOTIFICATION REQUIRED.—Any procedure established 

under paragraph (1) shall require that, not later than 30 days 

prior to the termination of any agreement under such procedure, notice of such termination shall be provided to the 

congressional defense committees. 

(e) PILOT PROGRAM ADVISORY GROUP.— (1) IN GENERAL.—The Under Secretary of Defense for 

Acquisition and Sustainment shall establish a Pilot Program 

advisory group to advise the Under Secretary on— 

(A) the selection, management and elements of projects 

under the Pilot Program; 

(B) the collection of data regarding the use of the 

Pilot Program; and 

(C) the termination of agreements under the Pilot Program. 

(2) MEMBERSHIP.— 

(A) IN GENERAL.—The members of the advisory group 

established under paragraph (1) shall be appointed as follows: 

(i) One member from each military department 

(as defined under section 101(a) of title 10, United 

States Code), appointed by the Secretary of the military 

department concerned. 

(ii) One member appointed by the Under Secretary 

of Defense for Research and Engineering. 

(iii) One member appointed by the Under Secretary 

of Defense for Acquisition and Sustainment. 

(iv) One member appointed by the Director of the 

Strategic Capabilities Office of the Department of 

Defense. 

(v) One member appointed by the Director of the 

Defense Advanced Research Projects Agency. 

(vi) One member appointed by the Director of Cost 

Assessment and Program Evaluation. 

(vii) One member appointed by the Director of 

Operational Test and Evaluation. 

(B) DEADLINE FOR APPOINTMENT.—Members of the 

advisory group shall be appointed not later than 30 days 

after the date of the establishment of the pilot program 

under subsection (a). 

(3) FACA NON-APPLICABILITY.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory 

group established under paragraph (1). 

(f) INFORMATION TO CONGRESS.— 

(1) BRIEFING REQUIREMENT.—Not later than 180 days after 

the date of the enactment of this Act, and not less than annually 

thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on activities performed 

under this section. 

(2) BUDGET JUSTIFICATION MATERIALS.—The Secretary shall 

establish procedures to clearly identify all projects under the 

Pilot Program in budget justification materials submitted to 

Congress. 

(g) DATA REQUIREMENTS.— 

Deadline. 

Appointments. 

Establishment. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1835 

(1) COLLECTION AND ANALYSIS OF DATA.—The Secretary 

shall establish mechanisms to collect and analyze data on the 

execution of the Pilot Program for the purpose of— 

(A) developing and sharing best practices for achieving 

goals established for the Pilot Program; 

(B) providing information to the Secretary and the 

congressional defense committees on the execution of the 

Pilot Program; and 

(C) providing information to the Secretary and the 

congressional defense committees on related policy issues. 

(2) DATA STRATEGY REQUIRED.—The Secretary may not 

establish the Pilot Program prior to completion of a plan for— 

(A) meeting the requirements of this subsection; 

(B) collecting the data required to carry out an evaluation of the lessons learned from the Pilot Program; and 

(C) conducting such evaluation. 

(h) TERMINATION.—The Pilot Program shall terminate on the 

earlier of— 

(1) the date on which each project identified under subsection (b)(1) has either been completed or has had all agreements awarded to such project under the Pilot Program terminated; or 

(2) the date that is five years after the date of the enactment of this Act. 

SEC. 834. PILOT PROGRAM TO ACCELERATE THE PROCUREMENT AND 

FIELDING OF INNOVATIVE TECHNOLOGIES. 

(a) PILOT PROGRAM.—Subject to availability of appropriations, 

the Secretary of Defense shall establish a competitive, merit-based 

pilot program to accelerate the procurement and fielding of innovative technologies by, with respect to such technologies— 

(1) reducing acquisition or life-cycle costs; 

(2) addressing technical risks; 

(3) improving the timeliness and thoroughness of test and 

evaluation outcomes; and 

(4) rapidly implementing such technologies to directly support defense missions. 

(b) GUIDELINES.—Not later than one year after the date of 

the enactment of this Act, the Secretary shall issue guidelines 

for the operation of the pilot program established under this section. 

At a minimum such guidelines shall provide for the following: 

(1) The issuance of one or more solicitations for proposals 

by the Department of Defense in support of the pilot program, 

with a priority established for technologies developed by small 

business concerns (as defined under section 3 of the Small 

Business Act (15 U.S.C. 632)) or nontraditional defense contractors (as defined under section 2302 of title 10, United States 

Code). 

(2) A process for— 

(A) the review of proposals received in response to 

a solicitation issued under paragraph (1) by the Secretary 

of Defense and by each Secretary of a military department; 

(B) the merit-based selection of the most promising 

cost-effective proposals; and 

(C) the procurement of goods or services offered by 

such a proposal through contracts, cooperative agreements, 

Reviews. 

Deadline. 

10 USC 4061 

note. 

Time period. 

Evaluation. 

Plan. 


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135 STAT. 1836 PUBLIC LAW 117–81—DEC. 27, 2021 

other transaction authority, or by another appropriate 

process. 

(c) MAXIMUM AMOUNT.—The total amount of funding provided 

for any proposal selected for an award under the pilot program 

established under this section shall not exceed $50,000,000, unless 

the Secretary (or designee of the Secretary) approves a greater 

amount of funding. 

(d) DATA COLLECTION.— 

(1) PLAN REQUIRED BEFORE IMPLEMENTATION.—The Secretary of Defense may not provide funding under this section 

until the date on which the Secretary— 

(A) completes a plan for carrying out the data collection 

required under paragraph (2); and 

(B) submits the plan to the congressional defense 

committees. 

(2) DATA COLLECTION REQUIRED.—The Secretary of Defense 

shall collect and analyze data on the pilot program established 

under this section for the purposes of— 

(A) developing and sharing best practices for achieving 

the objectives of the pilot program; 

(B) providing information on the implementation of 

the pilot program and related policy issues; and 

(C) reporting to the congressional defense committees 

as required under subsection (e). 

(e) BIANNUAL REPORTS.—Not later than March 1 and September 

1 of each year beginning after the date of the enactment of this 

Act until the termination of the pilot program established under 

this section, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program. 

(f) TERMINATION.—The authority to carry out a pilot program 

under this section shall terminate on September 30, 2027. 

SEC. 835. INDEPENDENT STUDY ON TECHNICAL DEBT IN SOFTWAREINTENSIVE SYSTEMS. 

(a) STUDY REQUIRED.—Not later than May 1, 2022, the Secretary of Defense shall enter into an agreement with a federally 

funded research and development center to study technical debt 

in software-intensive systems, as determined by the Under Secretary of Defense for Acquisition and Sustainment. 

(b) STUDY ELEMENTS.—The study required under subsection 

(a) shall include analyses and recommendations, including actionable and specific guidance and any recommendations for statutory 

or regulatory modifications, on the following: 

(1) Qualitative and quantitative measures which can be 

used to identify a desired future state for software-intensive 

systems. 

(2) Qualitative and quantitative measures that can be used 

to assess technical debt. 

(3) Policies for data access to identify and assess technical 

debt and best practices for software-intensive systems to make 

such data appropriately available for use. 

(4) Forms of technical debt which are suitable for objective 

or subjective analysis. 

(5) Current practices of Department of Defense softwareintensive systems to track and use data related to technical 

debt. 

Analyses. 

Recommendations. 

Deadline. 

Time period. 

Analysis. 

Effective date. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1837 

(6) Appropriate individuals or organizations that should 

be responsible for the identification and assessment of technical 

debt, including the organization responsible for independent 

assessments. 

(7) Scenarios, frequency, or program phases during which 

technical debt should be assessed. 

(8) Best practices to identify, assess, and monitor the 

accumulating costs technical debt. 

(9) Criteria to support decisions by appropriate officials 

on whether to incur, carry, or reduce technical debt. 

(10) Practices for the Department of Defense to incrementally adopt to initiate practices for managing or reducing technical debt. 

(c) ACCESS TO DATA AND RECORDS.—The Secretary of Defense 

shall ensure that the federally funded research and development 

center selected under subsection (a) has sufficient resources and 

access to technical data, individuals, organizations, and records 

necessary to complete the study required under this section. 

(d) REPORT REQUIRED.—Not later than 18 months after entering 

the agreement described in subsection (a), the Secretary shall 

submit to the congressional defense committees a report on the 

study required under subsection (b), along with any additional 

information and views as desired in publicly releasable and unclassified forms. The Secretary may also include a classified annex to 

the study as necessary. 

(e) BRIEFINGS REQUIRED.— 

(1) INITIAL BRIEFING.—Not later than March 1, 2022, the 

Secretary of Defense shall provide a briefing to the congressional defense committees on activities undertaken and planned 

to conduct the study required by subsection (a), including any 

barriers to conducting such activities and the resources to be 

provided to conduct such activities. 

(2) INTERIM BRIEFING REQUIRED.—Not later than 12 months 

after entering into the agreement under subsection (a), the 

Secretary of Defense shall provide a briefing to the congressional defense committees on interim analyses and recommendations described in subsection (b) including those that 

could require modifications to guidance, regulations, or statute. 

(3) FINAL BRIEFING REQUIRED.—Not later than 60 days 

after the date on which the report required by subsection (d) 

is submitted, the Secretary of Defense shall brief the congressional defense committees on a plan and schedule for implementing the recommendations provided in the report. 

(f) TECHNICAL DEBT DEFINED.—In this section, the term ‘‘technical debt’’ means an element of design or implementation that 

is expedient in the short term, but that would result in a technical 

context that can make a future change costlier or impossible. 

SEC. 836. CADRE OF SOFTWARE DEVELOPMENT AND ACQUISITION 

EXPERTS. 

(a) IN GENERAL.—Not later than January 1, 2023, the Secretary 

of Defense, acting through the Under Secretary of Defense for 

Acquisition and Sustainment, shall establish a cadre of personnel 

who are experts in software development, acquisition, and 

sustainment to improve the effectiveness of software development, 

acquisition, and sustainment programs or activities of the Department of Defense. 

Deadline. 

10 USC 501 note 

prec. 

Plan. 

Schedule. 

Analyses. 

Deadlines. 

Recommendations. 

Criteria. 

Assessment. 

Costs. 


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135 STAT. 1838 PUBLIC LAW 117–81—DEC. 27, 2021 

(b) STRUCTURE.—The Under Secretary of Defense for Acquisition and Sustainment— 

(1) shall ensure the cadre has the appropriate number 

of members; 

(2) shall establish an appropriate leadership structure and 

office within which the cadre shall be managed; and 

(3) shall determine the appropriate officials to whom members of the cadre shall report. 

(c) ASSIGNMENT.—The Under Secretary of Defense for Acquisition and Sustainment shall establish processes to assign members 

of the cadre to provide— 

(1) expertise on matters relating to software development, 

acquisition, and sustainment; and 

(2) support for appropriate programs or activities of the 

Department of Defense. 

(d) ADMINISTRATION.— (1) IN GENERAL.—The Under Secretary of Defense for 

Acquisition and Sustainment, in coordination with the President of the Defense Acquisition University and in consultation 

with academia and industry, shall develop a career path, 

including development opportunities, exchanges, talent 

management programs, and training, for the cadre. The Under 

Secretary may use existing personnel and acquisition authorities to establish the cadre, as appropriate, including— 

(A) section 9903 of title 5, United States Code; 

(B) authorities relating to services contracting; 

(C) the Intergovernmental Personnel Act of 1970 (42 

U.S.C. 4701 et seq.); and 

(D) authorities relating to exchange programs with 

industry. 

(2) ASSIGNMENTS.—Civilian personnel from within the 

Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be 

assigned to serve as members of the cadre. 

(3) PREFERENCE.—In establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense. 

(e) SUPPORT OF MEMBERS OF THE ARMED FORCES.—The Under 

Secretary of Defense for Acquisition and Sustainment shall continue 

to support efforts of the Secretaries concerned to place members 

of the Armed Forces in software development, acquisition, and 

sustainment positions and develop software competence in members 

of the Armed Forces, including those members with significant 

technical skill sets and experience but who lack formal education, 

training, or a technology-focused military occupation specialty. 

(f) FUNDING.—The Under Secretary of Defense for Acquisition 

and Sustainment is authorized to use amounts in the Defense 

Acquisition Workforce Development Account (established under section 1705 of title 10, United States Code) for the purpose of recruitment, training, and retention of members of the cadre, including 

by using such amounts to pay salaries of newly hired members 

of the cadre for up to three years. 

(g) COMPLIANCE.—In carrying out this section, the Under Secretary of Defense for Acquisition and Sustainment shall ensure 

compliance with applicable total force management policies, requirements, and restrictions provided in sections 129a, 2329, and 2461 

of title 10, United States Code. 

Time period. 

Coordination. 

Consultation. 

Determination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1839 

Subtitle E—Provisions Relating to Supply 

Chain Security 

SEC. 841. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE 

INTEGRITY OF INDUSTRIAL BASE. 

Section 2509 of title 10, United States Code is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘existing’’; and 

(B) by striking ‘‘across the acquisition process’’ and 

all that follows through ‘‘in the Department’’; 

(2) by striking subsections (f) and (g); 

(3) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; 

(4) by inserting after subsection (a) the following new subsection: 

‘‘(b) OBJECTIVE.—The objective of subsection (a) shall be to 

employ digital tools, technologies, and approaches to ensure the 

accessibility of relevant defense industrial base data to key decisionmakers in the Department.’’; 

(5) in subsection (c), as so redesignated— 

(A) in paragraph (1), by adding ‘‘in implementing subsections (a) and (b)’’ before the period at the end; and 

(B) in paragraph (2)— 

(i) in subparagraph (A)(viii), by inserting ‘‘by the 

Secretary of Defense’’ before the period at the end; 

and 

(ii) in subparagraph (B)— 

(I) in the text preceding clause (i), by striking 

‘‘constitute’’ and inserting ‘‘constitutes or may constitute’’ ; and 

(II) in clause (vii), by inserting ‘‘by the Secretary of Defense’’ before the period at the end; 

(6) in subsection (d)(11), as so redesignated, by adding 

‘‘as deemed appropriate by the Secretary’’ before the period 

at the end; and 

(7) in subsection (e), as so redesignated— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘timely’’; and 

(ii) in subparagraph (B)— 

(I) by striking clause (ii) and inserting the 

following new clause: 

‘‘(ii) A description of modern data infrastructure, tools, 

and applications and an assessment of the extent to which 

new capabilities would improve the effectiveness and efficiency 

of mitigating the risks described in subsection (c)(2).’’; and 

(II) in clause (iii), by inserting ‘‘, including 

the following’’ after ‘‘provides data’’; and 

(B) by striking paragraph (2) and inserting the following new paragraph: 

‘‘(2)(A) Based on the findings pursuant to paragraph (1), 

the Secretary of Defense shall develop a unified set of activities 

to modernize the systems of record, data sources and collection 

methods, and data exposure mechanisms. The unified set of 

activities should include— 

‘‘(i) the ability to continuously collect data on, assess, 

and mitigate risks; 

Assessment. 

Records. 

Data. 

Assessment. 


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135 STAT. 1840 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(ii) data analytics and business intelligence tools and 

methods; and 

‘‘(iii) continuous development and continuous delivery 

of secure software to implement the activities. 

‘‘(B) In connection with the assessments described in this 

section, the Secretary shall develop capabilities to map supply 

chains and to assess risks to the supply chain for major end 

items by business sector, vendor, program, part, and other 

metrics as determined by the Secretary.’’. 

SEC. 842. MODIFICATION TO ANALYSES OF CERTAIN ACTIVITIES FOR 

ACTION TO ADDRESS SOURCING AND INDUSTRIAL 

CAPACITY. 

Section 849 of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘Not later than 

January 15, 2022,’’ and inserting ‘‘With respect to items 

listed in paragraphs (1) through (13) of subsection (c), 

not later than January 15, 2022, and with respect to items 

listed in paragraphs (14) through (19) of such subsection, 

not later than January 15, 2023,’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘The Secretary of Defense’’ and 

inserting ‘‘With respect to items listed in paragraphs 

(1) through (13) of subsection (c), during the 2022 

calendar year, and with respect to items listed in paragraphs (14) through (19) of such subsection, during 

the 2023 calendar year’’; and 

(ii) by striking ‘‘submitted during the 2022 calendar year’’; and 

(2) in subsection (c), by adding at the end the following 

new paragraphs: 

‘‘(14) Beef products. 

‘‘(15) Molybdenum and molybdenum alloys. 

‘‘(16) Optical transmission equipment, including optical 

fiber and cable equipment. 

‘‘(17) Armor on tactical ground vehicles. 

‘‘(18) Graphite processing. 

‘‘(19) Advanced AC–DC power converters.’’. 

SEC. 843. ASSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES. 

(a) IN GENERAL.—Before awarding a contract to an offeror 

for the supply of fuel for any overseas contingency operation, the 

Secretary of Defense shall— 

(1) ensure, to the maximum extent practicable, that no 

otherwise responsible offeror is disqualified for such award 

on the basis of an unsupported denial of access to a facility 

or equipment by the host nation government; and 

(2) require assurances that the offeror will comply with 

the requirements of subsections (b) and (c). 

(b) REQUIREMENT.—An offeror for the supply of fuel for any 

overseas contingency operation shall— 

(1) certify that the provided fuel, in whole or in part, 

or derivatives of such fuel, is not sourced from a nation or 

region prohibited from selling petroleum to the United States; 

and 

Certification. 

Requirement. 

Compliance. 

10 USC 3344 

note prec. 

10 USC 4811 

note. 

Risk 

assessments. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1841 

(2) furnish such records as are necessary to verify compliance with such anticorruption statutes and regulations as the 

Secretary determines necessary, including— 

(A) the Foreign Corrupt Practices Act (15 U.S.C. 78dd– 

1 et seq.); 

(B) the regulations contained in parts 120 through 

130 of title 22, Code of Federal Regulations, or successor 

regulations (commonly known as the ‘‘International Traffic 

in Arms Regulations’’); 

(C) the regulations contained in parts 730 through 

774 of title 15, Code of Federal Regulations, or successor 

regulations (commonly known as the ‘‘Export Administration Regulations’’); and 

(D) such regulations as may be promulgated by the 

Office of Foreign Assets Control of the Department of the 

Treasury. 

(c) APPLICABILITY.—Subsections (a) and (b) of this section shall 

apply with respect to contracts entered into on or after the date 

of the enactment of this Act. 

(d) CONSIDERATION OF TRADEOFF PROCESSES.—If the Secretary 

of Defense awards a contract for fuel procurement for an overseas 

contingency operation, the contracting officer for such contract shall 

consider tradeoff processes (as described in subpart 15 of the Federal Acquisition Regulation, or any successor regulation), including 

consideration of past performance evaluation, cost, anticorruption 

training, and compliance. With respect to any such contract awarded 

for which the contracting officer does not consider tradeoff processes, 

the contracting officer shall, before issuing a solicitation for such 

contract, submit to the Secretary a written justification for not 

considering tradeoff processes in awarding such contract. 

SEC. 844. ASSESSMENT OF REQUIREMENTS FOR CERTAIN ITEMS TO 

ADDRESS SUPPLY CHAIN VULNERABILITIES. 

(a) DEFINITIONS.—In this section, the term ‘‘dual-use’’ has the 

meaning given in section 2500 of title 10, United States Code. 

(b) ASSESSMENT.—The Secretary of Defense shall assess the 

requirements of the Department of Defense for dual-use items covered by section 2533a of title 10, United States Code. 

(c) POLICIES.—The Secretary of Defense shall develop or revise 

and implement relevant policies to track and reduce fluctuations 

in supply chain forecasting and encourage predictable demand 

requirements for annual procurements of such dual-use items by 

the Office the Secretary of Defense, each military department, and 

the Defense Logistics Agency. 

(d) REPORT AND BRIEFINGS.— 

(1) ASSESSMENT REPORT.— 

(A) IN GENERAL.—Not later than December 31, 2022, 

the Secretary of Defense shall submit to the congressional 

defense committees a report on the findings of the assessment conducted under subsection (b). 

(B) FORM.—The report required by subparagraph (A) 

shall be submitted in an unclassified form, but may include 

a classified annex to the extent required to protect the 

national security of the United States. 

(2) QUARTERLY BRIEFINGS.— (A) IN GENERAL.—Not later than March 1, 2023, and 

quarterly thereafter until March 1, 2026, each Secretary 

Deadline. 

Termination 

date. 

10 USC 4811 

note. 

Effective date. 

Records. 

Verification. 

Compliance. 

Determination. 


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135 STAT. 1842 PUBLIC LAW 117–81—DEC. 27, 2021 

of a military department and the Director of the Defense 

Logistics Agency shall brief the Under Secretary of Defense 

for Acquisition and Sustainment on the fluctuations in 

supply chain forecasting and demand requirements for each 

dual-use item covered by section 2533a of title 10, United 

States Code. 

(B) DOCUMENTATION.—Each briefing under subparagraph (A) shall be accompanied by documentation 

regarding the particular points of discussion for that 

briefing, including the fluctuations described in such 

subparagraph, expressed as a percentage. 

SEC. 845. DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT 

PRIORITIES. 

The Secretary of Defense shall cooperate with the Secretary 

of Energy to ensure that the priorities of the Department of Defense 

with respect to the research and development of alternative technologies to, and methods for the extraction, processing, and recycling 

of, critical minerals (as defined in section 2(b) of the National 

Materials and Minerals Policy, Research, and Development Act 

of 1980 (30 U.S.C. 1601(b))) are considered and included where 

feasible in the associated research and development activities 

funded by the Secretary of Energy pursuant to the program established under paragraph (g) of section 7002 of division Z of the 

Consolidated Appropriations Act, 2021 (Public Law 116–260). 

SEC. 846. REPORT ON THE MANUFACTURING ENGINEERING EDUCATION PROGRAM. 

(a) REPORT REQUIRED.—Not later than March 1, 2023, the 

Under Secretary of Defense for Acquisition and Sustainment, in 

coordination with the Under Secretary of Defense for Research 

and Engineering, shall submit to the congressional defense committees a report on the Manufacturing Engineering Education Program 

established under section 2196 of title 10, United States Code 

(referred to in this section as the ‘‘Program’’). 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements for the Program: 

(1) A summary of activities conducted, and grants or 

awards made, during the previous fiscal year. 

(2) The extent to which the Program can be modified to 

improve collaboration among institutions of higher education, 

career and technical education programs, workforce development boards, labor organizations, and organizations representing defense industrial base contractors to focus on career 

pathways for individuals seeking careers in manufacturing. 

(3) An assessment of the benefits and costs of enhancing 

or expanding the Program to include individuals attending 

secondary schools and career and technical education programs 

not considered institutions of higher education. 

(4) Recommendations for legislative changes or other incentives that could improve career pathways for individuals 

seeking careers in manufacturing, particularly in support of 

the defense industrial base. 

(5) Other related matters the Secretary deems appropriate. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘career and technical education’’ has the 

meaning given such term in section 3 of the Carl D. Perkins 

Career and Technical Education Act of 2006 (20 U.S.C. 2302). 

Recommendations. 

Assessment. 

Costs. 

Summary. 

Grants. 

Coordination. 

30 USC 1606 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1843 

(2) The term ‘‘defense industrial base contractor’’ means 

a prime contractor or subcontractor (at any tier) in the defense 

industrial base. 

(3) The term ‘‘institution of higher education’’ has the 

meaning given such term in section 1001 of title 20, United 

States Code. 

(4) The term ‘‘labor organization’’ has the meaning given 

such term in section 2 of the National Labor Relations Act 

(29 14 U.S.C. 152). 

(5) The term ‘‘workforce development board’’ means a State 

board or a local board, as such terms are defined in section 

3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 

3102). 

SEC. 847. PLAN AND REPORT ON REDUCTION OF RELIANCE ON SERVICES, SUPPLIES, OR MATERIALS FROM COVERED COUNTRIES. 

(a) PLAN.—The Secretary of Defense, in consultation with the 

Secretary of State, shall develop and implement a plan to— 

(1) reduce the reliance of the United States on services, 

supplies, or materials obtained from sources located in 

geographic areas controlled by covered countries; and 

(2) mitigate the risks to national security and the defense 

supply chain arising from the reliance of the United States 

on such sources for services, supplies, or materials to meet 

critical defense requirements. 

(b) REPORT.—Not later than two years after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report describing the plan 

required under subsection (a). 

(c) COVERED COUNTRY DEFINED.—In this section, the term ‘‘covered country’’ means North Korea, China, Russia, and Iran. 

SEC. 848. PROHIBITION ON CERTAIN PROCUREMENTS FROM THE 

XINJIANG UYGHUR AUTONOMOUS REGION. 

(a) PROHIBITION ON THE AVAILABILITY OF FUNDS FOR CERTAIN

PROCUREMENTS FROM XUAR.—None of the funds authorized to 

be appropriated by this Act or otherwise made available for fiscal 

year 2022 for the Department of Defense may be obligated or 

expended to knowingly procure any products mined, produced, or 

manufactured wholly or in part by forced labor from XUAR or 

from an entity that has used labor from within or transferred 

from XUAR as part of a ‘‘poverty alleviation’’ or ‘‘pairing assistance’’ 

program. 

(b) RULEMAKING.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall issue 

rules to require a certification from offerors for contracts with 

the Department of Defense stating the offeror has made a good 

faith effort to determine that forced labor from XUAR, as described 

in subsection (a), was not or will not be used in the performance 

of such contract. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘forced labor’’ means all work or service 

which is exacted from any person under the menace of any 

penalty for its nonperformance and for which the worker does 

not offer himself voluntarily. 

(2) The term ‘‘person’’ means— 

Deadline. 

Certification. 

China. 

10 USC 4651 

note prec. 

Consultation. 

10 USC 4811 

note. 


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135 STAT. 1844 PUBLIC LAW 117–81—DEC. 27, 2021 

(A) a natural person, corporation, company, business 

association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or 

(B) any successor, subunit, parent entity, or subsidiary 

of, or any entity under common ownership or control with, 

any entity described in subparagraph (A). 

(3) The term ‘‘XUAR’’ means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China. 

Subtitle F—Industrial Base Matters 

SEC. 851. MODIFICATIONS TO PRINTED CIRCUIT BOARD ACQUISITION 

RESTRICTIONS. 

(a) IN GENERAL.—Section 2533d of title 10, United States Code, 

is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘January 1, 2023’’ 

and inserting ‘‘the date determined under paragraph (3)’’; 

and 

(B) by adding at the end the following new paragraph: 

‘‘(3) Paragraph (1) shall take effect on January 1, 2027.’’; 

(2) in subsection (c)— 

(A) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘specified type of’’ after ‘‘means any’’; 

(ii) in subparagraph (A), by striking ‘‘(as such 

terms are defined under sections 103 and 103a of title 

41, respectively)’’; and 

(iii) by amending subparagraph (B) to read as follows: 

‘‘(B) is a component of— 

‘‘(i) a defense security system; or 

‘‘(ii) a system, other than a defense security 

system, that transmits or stores information and which 

the Secretary identifies as national security sensitive 

in the contract under which such printed circuit board 

is acquired.’’; and 

(B) by adding at the end the following new paragraphs: 

‘‘(4) COMMERCIAL PRODUCT; COMMERCIAL SERVICE; COMMERCIALLY AVAILABLE OFF-THE SHELF ITEM.—The terms ‘commercial 

product’, ‘commercial service’, and ‘commercially available offthe-shelf item’ have the meanings given such terms in sections 

103, 103a, and 104 of title 41, respectively. 

‘‘(5) DEFENSE SECURITY SYSTEM.— 

‘‘(A) The term ‘defense security system’ means an 

information system (including a telecommunications 

system) used or operated by the Department of Defense, 

by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, 

or use of which— 

‘‘(i) involves command and control of an armed 

force; 

‘‘(ii) involves equipment that is an integral part 

of a weapon or weapon system; or 

‘‘(iii) subject to subparagraph (B), is critical to 

the direct fulfillment of military missions. 

Definitions. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1845 

‘‘(B) Subparagraph (A)(iii) does not include a system 

that is to be used for routine administrative and business 

applications (including payroll, finance, logistics, and personnel management applications). 

‘‘(6) SPECIFIED TYPE.—The term ‘specified type’ means a 

printed circuit board that is— 

‘‘(A) a component of an electronic device that facilitates 

the routing, connecting, transmitting or securing of data 

and is commonly connected to a network, and 

‘‘(B) any other end item, good, or product specified 

by the Secretary in accordance with subsection (d)(2).’’; 

and 

(3) by amending subsection (d) to read as follows: 

‘‘(d) RULEMAKING.— 

‘‘(1) The Secretary may issue rules providing that subsection (a) may not apply with respect to an acquisition of 

commercial products, commercial services, and commercially 

available off-the-shelf items if— 

‘‘(A) the contractor is capable of meeting minimum 

requirements that the Secretary deems necessary to provide for the security of national security networks and 

weapon systems; including, at a minimum, compliance with 

section 224 of the National Defense Authorization Act for 

Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2302 note); 

and 

‘‘(B) either— 

‘‘(i) the Government and the contractor have 

agreed to a contract requiring the contractor to take 

certain actions to ensure the integrity and security 

of the item, including protecting the item from 

unauthorized access, use, disclosure, disruption, modification, or destruction; or 

‘‘(ii) the Secretary has determined that the contractor has adopted such procedures, tools, and 

methods for identifying the sources of components of 

such item, based on commercial best practices, that 

meet or exceed the applicable trusted supply chain 

and operational security standards of the Department 

of Defense. 

‘‘(2) The Secretary may issue rules specifying end items, 

goods, and products for which a printed circuit board that 

is a component thereof shall be a specified type if the Secretary 

has promulgated final regulations, after an opportunity for 

notice and comment that is not less than 12 months, implementing this section. 

‘‘(3) In carrying out this section, the Secretary shall, to 

the maximum extent practicable, avoid imposing contractual 

certification requirements with respect to the acquisition of 

commercial products, commercial services, or commercially 

available off-the-shelf items.’’. 

(b) MODIFICATION OF INDEPENDENT ASSESSMENT OF PRINTED

CIRCUIT BOARDS.—Section 841(d) of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal Year 

2021 (Public Law 116–283) is amended— 

(1) in paragraph (1)— 

134 Stat. 3764. 

Time period. 


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135 STAT. 1846 PUBLIC LAW 117–81—DEC. 27, 2021 

(A) by striking ‘‘the date of enactment of this Act’’ 

and inserting ‘‘the date of the enactment of the National 

Defense Authorization Act for Fiscal Year 2022’’; 

(B) by striking ‘‘shall seek to enter’’ and inserting 

‘‘shall enter’’; 

(C) by striking ‘‘to include printed circuit boards in 

commercial products or services, or in’’ and inserting ‘‘to 

include printed circuit boards in other commercial or’’; and 

(D) by striking ‘‘the scope of mission critical’’ and all 

that follows through the period at the end and inserting 

‘‘types of systems, other than defense security systems 

(as defined in section 2533d(c) of title 10, United States 

Code), that should be subject to the prohibition in section 

2533d(a) of title 10, United States Code.’’; 

(2) in the heading for paragraph (2), by striking ‘‘DEPART- MENT OF DEFENSE’’ and inserting ‘‘DEPARTMENT OF DEFENSE’’; 

(3) in paragraph (2), by striking ‘‘one year after entering 

into the contract described in paragraph (1)’’ and inserting 

‘‘January 1, 2023’’; 

(4) in the heading for paragraph (3), by striking ‘‘CONGRESS’’ 

and inserting ‘‘CONGRESS’’; and 

(5) in paragraph (3), by inserting after ‘‘the recommendations of the report.’’ the following: ‘‘The Secretary shall use 

the report to determine whether any systems, other than 

defense security systems (as defined in section 2533d(c) of 

title 10, United States Code), or other types of printed circuit 

boards should be subject to the prohibition in section 2533d(a) 

of title 10, United States Code.’’. 

SEC. 852. MODIFICATION OF PILOT PROGRAM FOR DEVELOPMENT OF 

TECHNOLOGY-ENHANCED CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES. 

Section 851 of the National Defense Authorization Act for Fiscal 

Year 2020 (Public Law 116–92; 133 Stat. 1510; 10 U.S.C. 2283 

note) is amended to read as follows: 

‘‘SEC. 851. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGYENHANCED CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES. 

‘‘(a) ESTABLISHMENT.—The Secretary of Defense may authorize 

the Commander of the United States Special Operations Command 

to use funds described in subsection (b) for a pilot program under 

which the Commander shall make, through the use of a partnership 

intermediary, covered awards to small business concerns to develop 

technology-enhanced capabilities for special operations forces. 

‘‘(b) FUNDS.— 

‘‘(1) IN GENERAL.—The funds described in this subsection 

are funds transferred to the Commander of the United States 

Special Operations Command to carry out the pilot program 

established under this section from funds available to be 

expended by each covered entity pursuant to section 9(f) of 

the Small Business Act (15 U.S.C. 638(f)). 

‘‘(2) LIMITATIONS.— 

‘‘(A) FISCAL YEAR.—A covered entity may not transfer 

to the Commander an amount greater than 10 percent 

of the funds available to be expended by such covered 

entity pursuant to such section 9(f) for a fiscal year. 

Determination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1847 

‘‘(B) AGGREGATE AMOUNT.—The aggregate amount of 

funds to be transferred to the Commander may not exceed 

$20,000,000. 

‘‘(c) PARTNERSHIP INTERMEDIARIES.— 

‘‘(1) AUTHORIZATION.—The Commander may modify an 

existing agreement with a partnership intermediary to assist 

the Commander in carrying out the pilot program under this 

section, including with respect to the award of contracts and 

agreements to small business concerns. 

‘‘(2) LIMITATION.—None of the funds described in subsection 

(b) may be used to pay a partnership intermediary for any 

costs associated with the pilot program. 

‘‘(3) DATA.—With respect to a covered award made under 

this section, the Commander shall gather data on the role 

of the partnership intermediary to include the— 

‘‘(A) staffing structure; 

‘‘(B) funding sources; and 

‘‘(C) methods for identifying and evaluating small business concerns eligible for a covered award. 

‘‘(d) REPORT.— 

‘‘(1) ANNUAL REPORT.—Not later than October 1 of each 

year until October 1, 2026, the Commander of the United 

States Special Operations Command, in coordination with the 

Under Secretary of Defense for Research and Engineering, shall 

submit to the congressional defense committees, the Committee 

on Small Business of the House of Representatives, and the 

Committee on Small Business and Entrepreneurship of the 

Senate a report including— 

‘‘(A) a description of each agreement with a partnership 

intermediary entered into pursuant to this section; 

‘‘(B) for each covered award made under this section— 

‘‘(i) a description of the role served by the partnership intermediary; 

‘‘(ii) the amount of funds obligated; 

‘‘(iii) an identification of the small business concern 

that received such covered award; 

‘‘(iv) a description of the use of such covered award; 

‘‘(v) a description of the role served by the program 

manager (as defined in section 1737 of title 10, United 

States Code) of the covered entity with respect to the 

small business concern that received such covered 

award, including a description of interactions and the 

process of the program manager in producing a past 

performance evaluation of such concern; and 

‘‘(vi) the benefits achieved as a result of the use 

of a partnership intermediary for the pilot program 

established under this section as compared to previous 

efforts of the Commander to increase participation by 

small business concerns in the development of technology-enhanced capabilities for special operations 

forces; and 

‘‘(C) a plan detailing how each covered entity will apply 

lessons learned from the pilot program to improve processes 

for directly working with and supporting small business 

concerns to develop technology-enhanced capabilities for 

special operations forces. 

Plan. 

Coordination. 


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135 STAT. 1848 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(2) FINAL REPORT.—The final report required under this 

subsection shall include, along with the requirements of paragraph (1), a recommendation regarding— 

‘‘(A) whether and for how long the pilot program established under this section should be extended; and 

‘‘(B) whether to increase funding for the pilot program, 

including a justification for such an increase. 

‘‘(e) TERMINATION.—The authority to carry out a pilot program 

under this section shall terminate on September 30, 2025. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered award’ means an award made under 

the Small Business Innovation Research Program. 

‘‘(2) The term ‘covered entity’ means— 

‘‘(A) the Army; 

‘‘(B) the Navy; 

‘‘(C) the Air Force; 

‘‘(D) the Marine Corps; 

‘‘(E) the Space Force; and 

‘‘(F) any element of the Department of Defense that 

makes awards under the Small Business Innovation 

Research Program. 

‘‘(3) The term ‘partnership intermediary’ has the meaning 

given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715(c)). 

‘‘(4) The term ‘small business concern’ has the meaning 

given the term under section 3 of the Small Business Act 

(15 U.S.C. 632). 

‘‘(5) The term ‘Small Business Innovation Research Program’ has the meaning given the term in section 9(e) of the 

Small Business Act (15 U.S.C. 638(e)). 

‘‘(6) The term ‘technology-enhanced capability’ means a 

product, concept, or process that improves the ability of a 

member of the Armed Forces to achieve an assigned mission.’’. 

SEC. 853. ADDITIONAL TESTING OF COMMERCIAL E-COMMERCE 

PORTAL MODELS. 

Section 846(c) of the National Defense Authorization Act for 

Fiscal Year 2018 (41 U.S.C. 1901 note) is amended by adding 

at the end the following new paragraphs: 

‘‘(5) ADDITIONAL TESTING.—Not later than 180 days after 

the date of the enactment of this paragraph, the Administrator 

shall— 

‘‘(A) begin testing commercial e-commerce portal 

models (other than any such model selected for the initial 

proof of concept) identified pursuant to paragraph (2); and 

‘‘(B) submit to the congressional defense committees, 

the Committee on Oversight and Reform of the House 

of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that 

includes— 

‘‘(i) a summary of the assessments conducted under 

paragraph (2) with respect to a commercial e-commerce 

portal model identified pursuant to such paragraph; 

‘‘(ii) a list of the types of commercial products 

that could be procured using models tested pursuant 

to subparagraph (A); 

List. 

Summary. 

Assessments. 

Reports. 

Deadline. 

Recommendations. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1849 

‘‘(iii) an estimate of the amount that could be spent 

by the head of a department or agency under the 

program, disaggregated by type of commercial e-commerce portal model; and 

‘‘(iv) an update on the models tested pursuant 

to subparagraph (A) and a timeline for completion 

of such testing. 

‘‘(6) REPORT.—Upon completion of testing conducted under 

paragraph (5) and before taking any action with respect to 

the commercial e-commerce portal models tested, the Administrator of General Services shall submit to the congressional 

defense committees, the Committee on Oversight and Reform 

of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report 

on the results of such testing that includes— 

‘‘(A) an assessment and comparison of commercial ecommerce portal models with respect to— 

‘‘(i) price and quality of the commercial products 

supplied by each commercial e-commerce portal model; 

‘‘(ii) supplier reliability and service; 

‘‘(iii) safeguards for the security of Government 

information and third-party supplier proprietary 

information; 

‘‘(iv) protections against counterfeit commercial 

products; 

‘‘(v) supply chain risks, particularly with respect 

to complex commercial products; and 

‘‘(vi) overall adherence to Federal procurement 

rules and policies; and 

‘‘(B) an analysis of the costs and benefits of the convenience to the Federal Government of procuring commercial 

products from each such commercial e-commerce portal 

model.’’. 

SEC. 854. REQUIREMENT FOR INDUSTRY DAYS AND REQUESTS FOR 

INFORMATION TO BE OPEN TO ALLIED DEFENSE CONTRACTORS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, each service acquisition executive shall 

implement a requirement that industry days and requests for 

information regarding acquisition programs and research and 

development efforts of the Department of Defense shall, to the 

maximum extent practicable, be open to defense contractors of 

the national technology and industrial base, including when such 

contractors are acting as subcontractors in partnership with a 

United States contractor, provided such access is granted only if 

the Secretary of Defense or the relevant Secretary concerned determines that there is reciprocal access for United States companies 

to equivalent information related to contracting opportunities in 

the associated country that is part of the national technology and 

industrial base. 

(b) DEFINITIONS.—In this section: 

(1) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.—The 

term ‘‘national technology and industrial base’’ has the meaning 

given the term in section 2500 of title 10, United States Code. 

(2) SECRETARY CONCERNED; SERVICE ACQUISITION EXECU- TIVE.—The terms ‘‘Secretary concerned’’ and ‘‘service acquisition 

Deadline. 

Determination. 

10 USC 4811 

note. 

Analysis. 

Assessment. 

Update. 

Estimate. 


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135 STAT. 1850 PUBLIC LAW 117–81—DEC. 27, 2021 

executive’’ have the meanings given such terms in section 101(a) 

of title 10, United States Code. 

SEC. 855. EMPLOYMENT TRANSPARENCY REGARDING INDIVIDUALS 

WHO PERFORM WORK IN THE PEOPLE’S REPUBLIC OF 

CHINA. 

(a) DISCLOSURE REQUIREMENTS.— 

(1) INITIAL DISCLOSURES.—The Secretary of Defense shall 

require each covered entity to disclose to the Secretary of 

Defense if the entity employs one or more individuals who 

will perform work in the People’s Republic of China on a 

covered contract when the entity submits a bid or proposal 

for such covered contract, except that such disclosure shall 

not be required to the extent that the Secretary determines 

that such disclosure would not be in the interest of national 

security. 

(2) RECURRING DISCLOSURES.—For each of fiscal years 2023 

and 2024, the Secretary of Defense shall require each covered 

entity that is a party to one or more covered contracts in 

the fiscal year to disclose to the Secretary if the entity employs 

one or more individuals who perform work in the People’s 

Republic of China on any such contract. 

(3) MATTERS TO BE INCLUDED.—If a covered entity required 

to make a disclosure under paragraph (1) or (2) employs any 

individual who will perform work in the People’s Republic of 

China on a covered contract, such disclosure shall include— 

(A) the total number of such individuals who will perform work in the People’s Republic of China on the covered 

contracts funded by the Department of Defense; and 

(B) a description of the physical presence in the People’s Republic of China where work on the covered contract 

will be performed. 

(b) FUNDING FOR COVERED ENTITIES.—The Secretary of Defense 

may not award a covered contract to, or renew a covered contract 

with, a covered entity unless such covered entity has submitted 

each disclosure such covered entity is required to submit under 

subsection (a). 

(c) SEMI-ANNUAL BRIEFING.—Beginning on January 1, 2023, 

the Secretary of Defense shall provide to the congressional defense 

committees semi-annual briefings that summarize the disclosures 

received by the Department over the previous 180 days pursuant 

to this section, and such briefings may be classified. 

(d) DEFINITIONS.—In this section: 

(1) COVERED CONTRACT.—The term ‘‘covered contract’’ 

means any Department of Defense contract or subcontract with 

a value in excess of $5,000,000, excluding contracts for commercial products or services. 

(2) COVERED ENTITY.—The term ‘‘covered entity’’ means 

any corporation, company, limited liability company, limited 

partnership, business trust, business association, or other 

similar entity, including any subsidiary thereof, performing 

work on a covered contract in the People’s Republic of China, 

including by leasing or owning real property used in the 

performance of the covered contract in the People’s Republic 

of China. 

(e) EFFECTIVE DATE.—This section shall take effect on July 

1, 2022. 

Effective date. 

Summaries. 

Time period. 

Determination. 

Contracts. 

10 USC 4651 

note prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1851 

SEC. 856. BRIEFING ON COMPLIANCE WITH CONTRACTOR LOBBYING 

RESTRICTIONS. 

(a) BRIEFING REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

provide the congressional defense committees with a briefing on 

the progress of the Department in ensuring compliance with the 

requirements of section 1045 of the National Defense Authorization 

Act for Fiscal Year 2018 (10 U.S.C. 971 note prec; Public Law 

115-91; 131 Stat. 155). 

(b) ELEMENTS.—The briefing required in paragraph (a) shall 

include— 

(1) the number, title, and status of any open Defense Federal Acquisition Regulation Supplement case relating to such 

section; 

(2) the timeline for closing any such Defense Federal 

Acquisition Regulation Supplement case; and 

(3) other related matters the Secretary deems appropriate. 

SEC. 857. CONGRESSIONAL OVERSIGHT OF PERSONNEL AND CONTRACTS OF PRIVATE SECURITY CONTRACTORS. 

(a) REPORT ON ACTIONS TAKEN TO IMPLEMENT GOVERNMENT

ACCOUNTABILITY OFFICE RECOMMENDATIONS.—Not later than 

October 1, 2022, the Secretary of Defense, in consultation with 

each Secretary of a military department (as defined in section 

101 of title 10, United States Code), shall submit to the congressional defense committees a report on the efforts and plans of 

the Department of Defense to implement the recommendations 

contained in the report of the Government Accountability Office 

titled ‘‘Private Security Contractors: DOD Needs to Better Identify 

and Monitor Personnel and Contracts’’ (GAO–21–255), dated July 

29, 2021. 

(b) CONTENTS.—The report required by subsection (a) shall 

include— 

(1) a summary of the actions planned or taken by the 

Secretary of Defense to implement the recommendations in 

the report of the Government Accountability Office described 

in such subsection; and 

(2) a schedule for completing the implementation of each 

such recommendation, including specific milestones for such 

implementation. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 

Subtitle G—Small Business Matters 

SEC. 861. EXEMPTION OF CERTAIN CONTRACTS FROM THE PERIODIC 

INFLATION ADJUSTMENTS TO THE ACQUISITION-RELATED 

DOLLAR THRESHOLD. 

(a) IN GENERAL.—Section 1908(b)(2) of title 41, United States 

Code, is amended— 

(1) in subparagraph (B), by striking ‘‘or’’ at the end; 

(2) in subparagraph (C), by striking the period at the 

end and inserting ‘‘; or’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(D) in sections 3131 through 3134 of title 40, except 

any modification of any such dollar threshold made by 

Schedule. 

Summary. 

Consultation. 

Reports. 

Recommendations. 

Timeline. 

Deadline. 


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135 STAT. 1852 PUBLIC LAW 117–81—DEC. 27, 2021 

regulation in effect on the date of the enactment of this 

subparagraph shall remain in effect.’’. 

(b) TECHNICAL AMENDMENT.—Section 1908(d) of such title is 

amended by striking the period at the end. 

SEC. 862. MODIFICATION TO THE PILOT PROGRAM FOR STREAMLINING 

AWARDS FOR INNOVATIVE TECHNOLOGY PROJECTS. 

(a) EXTENSION.—Subsection (f) of section 873 of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92; 10 U.S.C. 2306a note) is amended by striking ‘‘October 1, 

2022’’ and inserting ‘‘October 1, 2024’’. 

(b) DATA COLLECTION.—The Secretary of Defense shall develop 

and implement a plan to collect and analyze data on the use 

of authority under such section 873 for the purposes of— 

(1) developing and sharing best practices; and 

(2) providing information to the Secretary of Defense and 

Congress on the use of authority under such section 873 and 

related policy issues. 

(c) RECOMMENDATION ON EXTENSION.—Not later than April 1, 

2023, the Secretary of Defense shall submit to the congressional 

defense committees a recommendation regarding a further extension 

of the pilot program for streamlining awards for innovative technology projects established under such section 873, and if applicable, 

the duration of any such extension. 

SEC. 863. PROTESTS AND APPEALS RELATING TO ELIGIBILITY OF BUSINESS CONCERNS. 

Section 5(i) of the Small Business Act (15 U.S.C. 634(i)) is 

amended— 

(1) by redesignating paragraph (4) as paragraph (5); and 

(2) by inserting after paragraph (3) the following new paragraph: 

‘‘(4) DETERMINATIONS REGARDING STATUS OF CONCERNS.— 

‘‘(A) IN GENERAL.—Not later than 2 days after the 

date on which a final determination that a business concern 

does not meet the requirements of the status such concern 

claims to hold is made, such concern or the Administrator, 

as applicable, shall update the status of such concern in 

the System for Award Management (or any successor 

system). 

‘‘(B) ADMINISTRATOR UPDATES.—If such concern fails 

to update the status of such concern as described in 

subparagraph (A), not later than 2 days after such failure 

the Administrator shall make such update. 

‘‘(C) NOTIFICATION.—A concern required to make an 

update described under subparagraph (A) shall notify a 

contracting officer for each contract with respect to which 

such concern has an offer or bid pending of the determination made under subparagraph (A), if the concern finds, 

in good faith, that such determination affects the eligibility 

of the concern to perform such a contract.’’. 

SEC. 864. AUTHORITY FOR THE OFFICE OF HEARINGS AND APPEALS 

TO DECIDE APPEALS RELATING TO QUALIFIED HUBZONE 

SMALL BUSINESS CONCERNS. 

Not later than 1 year after the date of the enactment of this 

Act, the Administrator of the Small Business Administration shall 

issue a rule authorizing the Office of Hearings and Appeals of 

Deadline. 

Regulations. 

15 USC 634 note. 

Update. 

Deadlines. 

Deadline. 

Plan. 

10 USC 3702 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1853 

the Administration to decide all appeals from formal protest determinations in connection with the status of a concern as a qualified 

HUBZone small business concern (as such term is defined in section 

31(b) of the Small Business Act (15 U.S.C. 657a(b)). 

SEC. 865. REPORT ON UNFUNDED PRIORITIES OF THE SMALL BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS 

TECHNOLOGY TRANSFER PROGRAM. 

(a) IN GENERAL.—Not later than 10 days after the date on 

which the budget of the President for fiscal years 2022 through 

2032 is submitted to Congress pursuant to section 1105 of title 

31, United States Code, each Secretary of a military department 

and the Under Secretary of Defense for Research and Engineering 

shall submit to the Secretary of Defense, the Chairman of the 

Joint Chiefs of Staff, and the congressional defense committees 

a report on unfunded priorities of the Department of Defense related 

to high-priority Small Business Innovation Research and Small 

Business Technology Transfer projects. 

(b) ELEMENTS.— 

(1) IN GENERAL.—Each report under subsection (a) shall 

include identification of not more than five unfunded priority 

projects and the following information for each such unfunded 

priority project: 

(A) A summary description of the unfunded priority 

project, including the objectives to be achieved if such 

project were to be funded (either in whole or in part). 

(B) The additional amount of funds recommended to 

achieve the objectives identified under subparagraph (A). 

(C) Account information with respect to such unfunded 

priority project, including, as applicable, the following: 

(i) Line item number, in the case of applicable 

procurement accounts. 

(ii) Program element number, in the case of 

applicable research, development, test, and evaluation 

accounts. 

(iii) Subactivity group, in the case of applicable 

operation and maintenance accounts. 

(2) PRIORITY.—Each Secretary of a military department 

and the Under Secretary of Defense for Research and 

Engineering shall ensure that the unfunded priorities covered 

by a report submitted under subsection (a) are listed in the 

order of urgency of priority. 

(c) DEFINITIONS.—In this section: 

(1) UNFUNDED PRIORITY.—The term ‘‘unfunded priority’’, 

with respect to a fiscal year, means a specific project related 

to a project successfully funded under Phase II of the Small 

Business Innovation Research or Small Business Technology 

Transfer program that— 

(A) is not funded in the budget of the President for 

that fiscal year, as submitted to Congress pursuant to 

section 1105 of title 31, United States Code; 

(B) has the potential to— 

(i) advance the national security capabilities of 

the United States; 

(ii) provide new technologies or processes, or new 

applications of existing technologies or processes, that 

will enable new alternatives to existing programs; and 

Time period. 

10 USC 4901 

note. 


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135 STAT. 1854 PUBLIC LAW 117–81—DEC. 27, 2021 

(iii) provide future cost savings; and 

(C) would have been recommended for funding through 

the budget referred to in subparagraph (A) if— 

(i) additional resources had been available to fund 

the program, activity, or mission requirement to which 

the specific project relates; or 

(ii) the program, activity, or mission requirement 

for such specific project had emerged before the budget 

was formulated. 

(2) PHASE II; SMALL BUSINESS INNOVATION RESEARCH; SMALL

BUSINESS TECHNOLOGY TRANSFER.—The terms ‘‘Phase II’’, 

‘‘Small Business Innovation Research’’, and ‘‘Small Business 

Technology Transfer’’ have the meanings given such terms, 

respectively, in section 9(e) of the Small Business Act (15 U.S.C. 

638(e)). 

SEC. 866. REPORT ON CYBERSECURITY MATURITY MODEL CERTIFICATION EFFECTS ON SMALL BUSINESS. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees, the Committee on Small Business and 

Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report on the effects of 

the Cybersecurity Maturity Model Certification framework of the 

Department of Defense on small business concerns (as defined 

under section 3 of the Small Business Act (15 U.S.C. 632), 

including— 

(1) the estimated costs of complying with each level of 

the framework based on verified representative samples of 

actual costs of compliance small business concerns and an 

explanation of how these costs will be recoverable by such 

small business concerns; 

(2) the estimated change in the number of small business 

concerns that are part of the defense industrial base resulting 

from the implementation and use of the framework; 

(3) explanations of how the Department of Defense will— 

(A) mitigate negative effects to such small business 

concerns resulting from the implementation and use of 

the framework; 

(B) ensure small business concerns are trained on the 

requirements for passing a third-party assessment, selfassessment, or Government-assessment, as applicable, for 

compliance with the relevant level of the framework; and 

(C) work with small business concerns and nontraditional defense contractors (as defined under section 2302 

of title 10, United States Code) to enable such concerns 

and contractors to bid on and win contracts with the 

Department without first having to risk funds on costly 

security certifications; and 

(4) the plan of the Department for conducting oversight 

of third parties conducting assessments of compliance with 

the applicable protocols under the framework. 

SEC. 867. DATA ON PHASE III SMALL BUSINESS INNOVATION 

RESEARCH AND SMALL BUSINESS TECHNOLOGY 

TRANSFER PROGRAM AWARDS. 

(a) DEFINITIONS.—In this section, the terms ‘‘Phase I’’, ‘‘Phase 

II’’, ‘‘Phase III’’, ‘‘SBIR’’, and ‘‘STTR’’ have the meanings given 

10 USC 221 note. 

Plan. 

Estimate. 

Cost estimate. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1855 

those terms in section 9(e) of the Small Business Act (15 U.S.C. 

638(e)). 

(b) DATA ON PHASE III AWARDS.—Each Secretary of a military 

department (as defined in section 101 of title 10, United States 

Code) shall collect and submit to the President for inclusion in 

each budget submitted to Congress under section 1105 of title 

31, United States Code, data on the Phase III awards under the 

SBIR and STTR programs of the military department of the Secretary for the immediately preceding fiscal year, including— 

(1) the cumulative funding amount for Phase III awards; 

(2) the number of Phase III award topics; 

(3) the total funding obligated for Phase III awards by 

State; 

(4) the original Phase I or Phase II award topics and 

the associated Phase III contracts awarded; 

(5) where possible, an identification of the specific program 

executive office involved in each Phase III transition; and 

(6) a list of the five highest performing projects, as determined by the Secretary. 

Subtitle H—Other Matters 

SEC. 871. MISSION MANAGEMENT PILOT PROGRAM. 

(a) IN GENERAL.—Subject to the availability of appropriations, 

the Secretary of Defense shall establish a pilot program to identify 

lessons learned and improved mission outcomes achieved by quickly 

delivering solutions that fulfill critical operational needs arising 

from cross-service missions undertaken by combatant commands 

through the use of a coordinated and iterative approach to develop, 

evaluate, and transition such solutions. 

(b) MISSIONS SELECTION.— 

(1) IN GENERAL.—Except as provided in paragraph (3), the 

Deputy Secretary of Defense shall select missions with respect 

to which to carry out the pilot program. 

(2) SELECTION CRITERIA.—When selecting missions under 

paragraph (1), the Deputy Secretary of Defense shall— 

(A) select missions with critical cross-service operational needs; and 

(B) consider— 

(i) the strategic importance of the critical crossservice operational needs to the operational plans of 

the relevant combatant commands; and 

(ii) the advice of key stakeholders, including the 

Joint Staff, regarding mission selection. 

(3) INITIAL MISSION.— 

(A) IN GENERAL.—Not later than four months after 

the date of the enactment of this section, the Director 

of the Strategic Capabilities Office shall select the initial 

mission under the pilot program that has critical crossservice operational needs and which is of strategic importance to the operational plans of the United States IndoPacific Command. 

(B) RESPONSIBILITY.—The mission selected under 

subparagraph (A) shall be established within the Strategic 

Capabilities Office of the Department of Defense, in 

Deadline. 

Evaluation. 

10 USC 191 note. 

List. 


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135 STAT. 1856 PUBLIC LAW 117–81—DEC. 27, 2021 

coordination with the Office of the Under Secretary of 

Defense for Research and Engineering. 

(C) MISSION SELECTION APPROVAL.—The mission 

selected by the Director of the Strategic Capabilities Office 

under subparagraph (A) shall be subject to the approval 

of the Technology Cross-Functional Team of the Strategic 

Capabilities Office that is chaired by the Under Secretary 

of Defense for Research and Engineering. 

(c) MISSION MANAGERS.— (1) IN GENERAL.—A mission manager shall carry out the 

pilot program with respect to each mission. 

(2) RESPONSIBILITIES.—With respect to each mission, the 

relevant mission manager shall— 

(A) identify critical cross-service, cross-program, and 

cross-domain operational needs by enumerating the options 

available to the combatant command responsible for carrying out such mission and determining the resiliency of 

such options to threats from adversaries; 

(B) in coordination with the military services and 

appropriate Defense Agencies and Field Activities, develop 

and deliver solutions, including software and information 

technology solutions and other functionalities unaligned 

with any one weapon system of a covered Armed Service, 

to— 

(i) fulfill critical cross-service, cross-program, and 

cross-domain operational needs; and 

(ii) address future changes to existing critical 

cross-service, cross-program, and cross-domain operational needs by providing additional capabilities; 

(C) work with the combatant command responsible 

for such mission and the related planning organizers, program managers of a covered Armed Force, and defense 

research and development activities to carry out iterative 

testing and support to initial operational fielding of the 

solutions described in subparagraph (B); 

(D) conduct research, development, test, evaluation, 

and transition support activities with respect to the 

delivery of the solutions described in subparagraph (B); 

(E) seek to integrate existing, emerging, and new 

capabilities available to the Department of Defense in the 

development of the solutions described in subparagraph 

(B), including by incenting and working with program managers of a covered Armed Force; and 

(F) provide to the Deputy Secretary of Defense mission 

management activity updates and reporting on the use 

of funds under the pilot program with respect to such 

mission. 

(3) APPOINTMENT.—Each mission selected under subsection 

(b) shall have a mission manager— 

(A) appointed at the time of mission approval; and 

(B) who may be from any suitable organization, except 

that the mission manager with respect the initial mission 

under (b)(3) shall be the Director of the Strategic Capabilities Office. 

(4) ITERATIVE APPROACH.—The mission manager shall, to 

the extent practicable, carry out the pilot program with respect 

to each mission selected under subsection (b) by integrating 


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existing, emerging, and new military capabilities, and managing 

a portfolio of small, iterative development and support to initial 

operational fielding efforts. 

(5) OTHER PROGRAM MANAGEMENT RESPONSIBILITIES.—The 

activities undertaken by the mission manager with respect 

to a mission, including mission management, do not supersede 

or replace the program management responsibilities of any 

other individual that are related to such missions. 

(d) DATA COLLECTION REQUIREMENT.—The Deputy Secretary 

of Defense shall develop and implement a plan to collect and analyze 

data on the pilot program for the purposes of— 

(1) developing and sharing best practices for applying 

emerging technology and supporting new operational concepts 

to improve outcomes on key military missions and operational 

challenges; and 

(2) providing information to the leadership of the Department on the implementation of the pilot program and related 

policy issues. 

(e) ASSESSMENTS.—During the five-year period beginning on 

the date of the enactment of this Act, the Deputy Secretary of 

Defense shall regularly assess— 

(1) the authorities required by the mission managers to 

effectively and efficiently carry out the pilot program with 

respect to the missions selected under subsection (b); and 

(2) whether the mission managers have access to sufficient 

funding to carry out the research, development, test, evaluation, 

and support to initial operational fielding activities required 

to deliver solutions fulfilling the critical cross-service, crossprogram, and cross-domain operational needs of the missions. 

(f) BRIEFINGS.— 

(1) SEMIANNUAL BRIEFING.— 

(A) IN GENERAL.—Not later than July 1, 2022, and 

every six months thereafter until the date that is five 

years after the date of the enactment of this Act, the 

mission manager shall provide to the congressional defense 

committees a briefing on the progress of the pilot program 

with respect to each mission selected under subsection 

(b), the anticipated mission outcomes, and the funds used 

to carry out the pilot program with respect to such mission. 

(B) INITIAL BRIEFING.—The Deputy Secretary of 

Defense shall include in the first briefing submitted under 

subparagraph (A) a briefing on the implementation of the 

pilot program, including— 

(i) the actions taken to implement the pilot program; 

(ii) an assessment of the pilot program; 

(iii) requests for Congress to provide authorities 

required to successfully carry out the pilot program; 

and 

(iv) a description of the data plan required under 

subsection (d). 

(2) ANNUAL BRIEFING.—Not later than one year after the 

date on which the pilot program is established, and annually 

thereafter until the date that is five years after the date of 

the enactment of this Act, the Deputy Secretary of Defense 

shall submit to the congressional defense committees a briefing 

on the pilot program, including— 

Deadline. 

Time period. 

Termination 

date. 

Assessment. 

Deadline. 

Termination 

date. 

Time period. 

Effective date. 

Plan. 

Analysis. 


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135 STAT. 1858 PUBLIC LAW 117–81—DEC. 27, 2021 

(A) the data collected and analysis performed under 

subsection (d); 

(B) lessons learned; 

(C) the priorities for future activities of the pilot program; and 

(D) such other information as the Deputy Secretary 

determines appropriate. 

(3) RECOMMENDATION.—Not later than two years after the 

date of the enactment of this Act, the Deputy Secretary of 

Defense shall submit to Congress a briefing on the recommendations of the Deputy Secretary with respect to the pilot program 

and shall concurrently submit to Congress— 

(A) a written assessment of the pilot program; 

(B) a written recommendation on continuing or 

expanding the mission integration pilot program; 

(C) requests for Congress to provide authorities 

required to successfully carry out the pilot program; and 

(D) the data collected and analysis performed under 

subsection (d). 

(g) TRANSITION.—Beginning in fiscal year 2025, the Deputy 

Secretary of Defense may transition responsibilities for research, 

development, test, evaluation, and support to initial operational 

fielding activities started under the pilot program to other elements 

of the Department for purposes of delivering solutions fulfilling 

critical cross-service, cross-program, and cross-domain operational 

needs. 

(h) TERMINATION DATE.—The pilot program shall terminate 

on the date that is five years after the date of the enactment 

of this Act. 

(i) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as providing any authority not otherwise provided by 

law to procure, or enter agreements to procure, any goods, materials, 

or services. 

(j) DEFINITIONS.—In this section: 

(1) COVERED ARMED FORCE.—The term ‘‘covered Armed 

Force’’ means— 

(A) the Army; 

(B) the Navy; 

(C) the Air Force; 

(D) the Marine Corps; or 

(E) the Space Force. 

(2) CROSS-FUNCTIONAL TEAMS OF THE STRATEGIC CAPABILITIES OFFICE.—The term ‘‘Cross-Functional Teams of the Strategic Capabilities Office’’ means the teams established in the 

Strategic Capabilities Office of the Department of Defense 

pursuant to section 233(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 

1277; 10 U.S.C. 132 note). 

(3) CROSS-SERVICE.—The term ‘‘cross-service’’ means pertaining to multiple covered Armed Forces. 

(4) CROSS-DOMAIN.—The term ‘‘cross-domain’’ means pertaining to multiple operational domains of land, maritime, air, 

space, and cyberspace. 

(4) CROSS-SERVICE OPERATIONAL NEED.—The term ‘‘crossservice operational need’’ means an operational need arising 

from a mission undertaken by a combatant command which 

involves multiple covered Armed Forces. 

Effective date. 

Data. 

Assessment. 

Data. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1859 

(5) DEFENSE AGENCY; MILITARY DEPARTMENT.—The terms 

‘‘Defense Agency’’ and ‘‘military department’’ have the meanings 

given such terms in section 101(a) of title 10, United States 

Code. 

(6) FIELD ACTIVITY.—The term ‘‘Field Activity’’ has the 

meaning given the term ‘‘Department of Defense Field Activity’’ 

in section 101(a) of title 10, United States Code. 

(7) MISSION MANAGEMENT.—The term ‘‘mission management’’ means the integration of materiel, digital, and operational elements to improve defensive and offensive options 

and outcomes for a specific mission or operational challenge. 

(8) PILOT PROGRAM.—The term ‘‘pilot program’’ means the 

pilot program established under subsection (a). 

SEC. 872. ESTABLISHMENT OF MISSION-ORIENTED PILOT PROGRAMS 

TO CLOSE SIGNIFICANT CAPABILITIES GAPS. 

(a) IN GENERAL.—The Secretary of Defense shall establish, 

within the Strategic Capabilities Office of the Office of the Secretary 

of Defense, not fewer than two mission-oriented integration pilot 

programs with the objective of closing significant capabilities gaps 

by developing and implementing capabilities and by synchronizing 

and integrating missions across covered Armed Forces and Defense 

Agencies. 

(b) ELEMENTS.—The pilot programs established under subsection (a) shall— 

(1) seek to address specific outstanding operational challenges of high importance to the operational plans of the United 

States Indo-Pacific Command and the United States European 

Command; 

(2) be designed to leverage industry cost sharing by using 

sources such as private equity and venture capital funding 

to develop technologies and overall capabilities that resolve 

significant capability gaps for delivery to the Department of 

Defense, as a product or as a service; 

(3) not later than three years after the date on which 

the pilot program commences, demonstrate the efficacy of the 

solutions being developed under the pilot program; 

(4) deliver an operational capability not later than five 

years after the pilot program commences; 

(5) provide an operationally relevant solution for— 

(A)(i) maintaining resilient aircraft operations in and 

around Guam in the face of evolving regional threats, 

including large salvo supersonic and hypersonic missile 

threats; or 

(ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of 

the United States Indo-Pacific Command or the United 

States European Command; and 

(B)(i) providing a resilient logistic and resupply capability in the face of evolving regional threats, including 

operations within an anti-access-area denial environment; 

or 

(ii) an operational challenge of similar strategic importance and relevance to the responsibilities and plans of 

the United States Indo-Pacific Command; and 

(6) incorporate— 

Deadline. 

Deadline. 

10 USC 191 note. 


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135 STAT. 1860 PUBLIC LAW 117–81—DEC. 27, 2021 

(A) existing and planned Department of Defense systems and capabilities to achieve mission objectives; and 

(B) to the extent practicable, technologies that have 

military applications and the potential for nonmilitary 

applications. 

(c) ROLE OF STRATEGIC CAPABILITIES OFFICE.— 

(1) IN GENERAL.—With respect to the pilot programs established under subsection (a), the Director of the Strategic 

Capabilities Office, in consultation with the Under Secretary 

of Defense for Research and Engineering, shall— 

(A) assign mission managers or program managers— 

(i) to coordinate and collaborate with entities 

awarded contracts or agreements under the pilot program, parties to cost sharing agreements for such 

awarded contracts or agreements, combatant commands, and military departments to define mission 

requirements and solutions; and 

(ii) to coordinate and monitor pilot program 

implementation; 

(B) provide technical assistance for pilot program 

activities, including developing and implementing metrics, 

which shall be used— 

(i) to assess each operational challenge such pilot 

programs are addressing; and 

(ii) to characterize the resilience of solutions being 

developed under the pilot programs to known threats 

and single points of failure; 

(C) provide operational use case expertise to the entities awarded contracts or agreements under the pilot program and parties to cost sharing agreements for such 

awarded contracts or agreements; 

(D) serve as the liaison between the Armed Forces, 

the combatant commanders, and the participants in the 

pilot programs; and 

(E) use flexible acquisition practices and authorities, 

including— 

(i) the authorities under section 2371 and 2371b 

of title 10, United States Code; 

(ii) payments for demonstrated progress; 

(iii) authorities under the Defense Production Act 

of 1950 (50 U.S.C. 4501 et seq.); and 

(iv) other acquisition practices that support efficient and effective access to emerging technologies and 

capabilities, including technologies and capabilities 

from companies funded with private investment. 

(2) REPORTS TO CONGRESS.—Not later than 180 days after 

the date of the enactment of this Act, and every 180 days 

thereafter, the Director of the Strategic Capabilities Office shall 

submit to the congressional defense committees a report on 

the pilot programs. 

(d) ADDITIONAL AUTHORITIES.—The Secretary of Defense shall 

assess authorities required for such mission managers and program 

managers to effectively and efficiently fulfill their responsibilities 

under the pilot programs, including the delegation of personnel 

hiring and contracting authorities. 

Assessment. 

Assessment. 

Coordination. 

Consultation. 


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(e) DATA.—The Secretary of Defense shall establish mechanisms 

to collect and analyze data on the implementation of the pilot 

programs for the purposes of— 

(1) developing and sharing best practices for achieving 

goals established for the pilot programs; and 

(2) providing information to the Secretary and the congressional defense committees on— 

(A) the implementation of the pilot programs; and 

(B) related policy issues. 

(f) RECOMMENDATIONS.—Not later than two years after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a recommendation 

with respect to continuing or expanding the pilot program. 

(g) TRANSITION OF PILOT PROGRAM RESPONSIBILITIES.—Beginning in fiscal year 2025, the Secretary may transition the responsibility for the pilot programs to another organization. 

(h) DEFINITIONS.—In this section: 

(1) COVERED ARMED FORCE.—The term ‘‘covered Armed 

Force’’ means— 

(A) the Army; 

(B) the Navy; 

(C) the Air Force; 

(D) the Marine Corps; or 

(E) the Space Force. 

(2) DEFENSE AGENCY.—The term ‘‘Defense Agency’’ has the 

meaning given such term in section 101(a) of title 10, United 

States Code. 

(3) MISSION MANAGER.—The term ‘‘mission manager’’ 

means an individual that, with respect to a mission under 

a pilot program established under subsection (a), shall have 

the responsibilities described in subparagraphs (B) through 

(F) of section 871(c)(2) of this Act. 

SEC. 873. INDEPENDENT STUDY ON ACQUISITION PRACTICES AND 

POLICIES. 

(a) STUDY REQUIRED.—Not later than March 30, 2022, the 

Secretary of Defense shall enter into an agreement with a federally 

funded research and development center under which such center 

shall conduct a study on the acquisition practices and policies 

described in subsection (b). 

(b) STUDY ELEMENTS.—The study required under subsection 

(a) shall identify the knowledge and tools needed for the acquisition 

workforce of the Department of Defense to— 

(1) engage in acquisition planning practices that assess 

the cost, resource, and energy preservation differences resulting 

from selecting environmentally preferable goods or services 

when identifying requirements or drafting statements of work; 

(2) engage in acquisition planning practices that promote 

the acquisition of resilient and resource-efficient goods and 

services and that support innovation in environmental technologies, including— 

(A) technical specifications that establish performance 

levels for goods and services to diminish greenhouse gas 

emissions; 

(B) statements of work or specifications restricted to 

environmentally preferable goods or services where the 

Deadline. 

Contracts. 

Effective date. 

Deadline. 


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135 STAT. 1862 PUBLIC LAW 117–81—DEC. 27, 2021 

quality, availability, and price is comparable to traditional 

goods or services; 

(C) engaging in public-private partnerships to design, 

build, and fund resilient, low-carbon infrastructure; 

(D) collaborating with local jurisdictions surrounding 

military installations, with a focus on reducing environmental costs; and 

(E) technical specifications that consider risk to supply 

chains from extreme weather and changes in environmental 

conditions; 

(3) employ source selection practices that promote the 

acquisition of resilient and resource-efficient goods and services 

and that support innovation in environmental technologies, 

including— 

(A) considering resilience, low-carbon, or low-toxicity 

criteria as competition factors on the basis of which the 

award is made in addition to cost, past performance, and 

quality factors; 

(B) using accepted standards, emissions data, certifications, and labels to verify the environmental impact of 

a good or service and enhance procurement efficiency; 

(C) evaluating the veracity of certifications and labels 

purporting to convey information about the environmental 

impact of a good or service; and 

(D) considering the costs of a good or service that 

will be incurred throughout its lifetime, including operating 

costs, maintenance, end of life costs, and residual value, 

including costs resulting from the carbon dioxide and other 

greenhouse gas emissions associated with the good or 

service; and 

(4) consider external effects, including economic, environmental, and social, arising over the entire life cycle of an 

acquisition when making acquisition planning and source selection decisions. 

(c) SUBMISSION TO DEPARTMENT OF DEFENSE.—Not later than 

one year after the date of the enactment of this Act, the federally 

funded research and development center that conducts the study 

under subsection (a) shall submit to the Secretary of Defense a 

report on the results of the study in an unclassified form but 

may include a classified annex. 

(d) SUBMISSION TO CONGRESS.—Not later than 30 days after 

the date on which the Secretary of Defense receives the report 

under subsection (c), the Secretary shall submit to the congressional 

defense committees an unaltered copy along with any comments 

the Secretary may have with respect to the report. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘environmentally preferable’’, with respect 

to a good or service, means that the good or service has a 

lesser or reduced effect on human health and the environment 

when compared with competing goods or services that serve 

the same purpose or achieve the same or substantially similar 

result. The comparison may consider raw materials acquisition, 

production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the good or service. 

(2) The term ‘‘resource-efficient goods and services’’ means 

goods and services— 

Records. 

Reports. 

Evaluation. 


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(A) that use fewer resources than competing goods 

and services to serve the same purposes or achieve the 

same or substantially similar result as such competing 

goods and services; and 

(B) for which the negative environmental impacts 

across the full life cycle of such goods and services are 

minimized. 

SEC. 874. PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH 

EMPLOYEE-OWNED BUSINESSES. 

(a) QUALIFIED BUSINESS WHOLLY-OWNED THROUGH AN

EMPLOYEE STOCK OWNERSHIP PLAN DEFINED.—The term ‘‘qualified 

businesses wholly-owned through an Employee Stock Ownership 

Plan’’ means an S corporation (as defined in section 1361(a)(1) 

of the Internal Revenue Code of 1986) for which 100 percent of 

the outstanding stock is held through an employee stock ownership 

plan (as defined in section 4975(e)(7) of such Code). 

(b) PILOT PROGRAM TO USE NONCOMPETITIVE PROCEDURES FOR

CERTAIN FOLLOW-ON CONTRACTS TO QUALIFIED BUSINESSES

WHOLLY-OWNED THROUGH AN EMPLOYEE STOCK OWNERSHIP

PLAN.— 

(1) ESTABLISHMENT.—The Secretary of Defense may establish a pilot program to carry out the requirements of this 

section. 

(2) FOLLOW-ON CONTRACTS.—Notwithstanding the requirements of section 2304 of title 10, United States Code, and 

with respect to a follow-on contract for the continued development, production, or provision of products or services that are 

the same as or substantially similar to the products or services 

procured by the Department of Defense under a prior contract 

held by a qualified business wholly-owned through an Employee 

Stock Ownership Plan, the products or services to be procured 

under the follow-on contract may be procured by the Department of Defense through procedures other than competitive 

procedures if the performance of the qualified business whollyowned through an Employee Stock Ownership Plan on the 

prior contract was rated as satisfactory (or the equivalent) 

or better in the applicable past performance database. 

(3) LIMITATION.—A qualified business wholly-owned 

through an Employee Stock Ownership Plan may have a single 

opportunity for award of a sole-source follow-on contract under 

this section, unless a senior contracting official (as defined 

in section 1737 of title 10, United States Code) approves a 

waiver of the requirements of this section. 

(c) VERIFICATION AND REPORTING OF QUALIFIED BUSINESSES

WHOLLY-OWNED THROUGH AN EMPLOYEE STOCK OWNERSHIP

PLAN.—Under a pilot program established under this section, the 

Secretary of Defense shall establish procedures— 

(1) for businesses to verify status as a qualified businesses 

wholly-owned through an Employee Stock Ownership Plan for 

the purposes of this section by using existing Federal reporting 

mechanisms; 

(2) for a qualified businesses wholly-owned through an 

Employee Stock Ownership Plan to certify that not more than 

50 percent of the amount paid under the contract will be 

expended on subcontracts, subject to such necessary and reasonable waivers as the Secretary may prescribe; and 

Certification. 

Verification. 

Procedures. 

10 USC 3204 

note. 


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135 STAT. 1864 PUBLIC LAW 117–81—DEC. 27, 2021 

(3) to record information on each follow-on contract 

awarded under subsection (b), including details relevant to 

the nature of such contract and the qualified business whollyowned through an Employee Stock Ownership Plan that 

received such contract, and to provide such information to 

the Comptroller General of the United States. 

(d) DATA.— (1) IN GENERAL.—If the Secretary of Defense establishes 

a pilot program under this section, the Secretary shall establish 

mechanisms to collect and analyze data on the pilot program 

for the purposes of— 

(A) developing and sharing best practices relating to 

the pilot program; 

(B) providing information to leadership and the 

congressional defense committees on the pilot program, 

including with respect to each qualified business whollyowned through an Employee Stock Ownership Plan that 

received a follow-on contract under this section— 

(i) the size of such business; 

(ii) performance of the follow-on contract; and 

(iii) other information as determined necessary; 

and 

(C) providing information to leadership and the 

congressional defense committees on policy issues related 

to the pilot program. 

(2) LIMITATION.—The Secretary of Defense may not carry 

out the pilot program under this section before— 

(A) completing a data collection and reporting strategy 

and plan to meet the requirements of this subsection; and 

(B) submitting the strategy and plan to the congressional defense committees. 

(e) SUNSET.—Any pilot program established under this section 

shall expire on the date that is five years after the date of the 

enactment of this Act. 

(f) COMPTROLLER GENERAL REPORT.— (1) IN GENERAL.—Not later than three years after the date 

of the enactment of this Act, the Comptroller General of the 

United States shall submit to Congress a report on any individual and aggregate uses of the authority under a pilot program established under this section. 

(2) ELEMENTS.—The report under paragraph (1) shall 

include the following elements: 

(A) An assessment of the frequency and nature of 

the use of the authority under the pilot program. 

(B) An assessment of the impact of the pilot program 

in supporting the national defense strategy required under 

section 113(g) of title 10, United States Code. 

(C) The number of businesses that became qualified 

businesses wholly-owned through an Employee Stock 

Ownership Plan in order to benefit from the pilot program 

and the factors that influenced that decision. 

(D) Acquisition authorities that could incentivize 

businesses to become qualified businesses wholly-owned 

through an Employee Stock Ownership Plan, including an 

extension of the pilot program. 

(E) Any related matters the Comptroller General considers appropriate. 

Assessment. 

Assessment. 

Strategy. 

Plan. 

Analysis. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1865 

SEC. 875. GUIDANCE, TRAINING, AND REPORT ON PLACE OF PERFORMANCE CONTRACT REQUIREMENTS. 

(a) GUIDANCE AND TRAINING.—Not later than July 1, 2022, 

the Secretary of Defense shall— 

(1) issue guidance on covered contracts to ensure that, 

to the maximum extent practicable, the terms of such covered 

contract avoid specifying an unnecessarily restrictive place of 

performance for such covered contract; and 

(2) implement any necessary training for appropriate 

individuals relating to the guidance required under paragraph 

(1). 

(b) REPORT.— 

(1) IN GENERAL.—Not later than July 1, 2022, the Secretary 

of Defense shall submit to the congressional defense committees 

a report on covered contracts. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following elements: 

(A) A description of the criteria that is considered 

when the Secretary specifies a particular place of performance in a covered contract. 

(B) The number of covered contracts awarded during 

each of fiscal years 2016 through 2020. 

(C) An assessment of the extent to which revisions 

to guidance or regulations related to the use of covered 

contracts could improve the effectiveness and efficiency 

of the Department of Defense, including a description of 

such revisions. 

(c) COVERED CONTRACT DEFINED.—In this section, the term 

‘‘covered contract’’ means a contract for which the Secretary of 

Defense specifies the place of performance for such contract. 

SEC. 876. NOTIFICATION OF CERTAIN INTERGOVERNMENTAL SUPPORT 

AGREEMENTS. 

(a) NOTIFICATION REQUIRED.—During fiscal years 2022 and 

2023, not less than 60 days before entering into an intergovernmental support agreement under section 2679 of title 10, United 

States Code, that is an exception to the requirements of chapter 

85 of title 41, United States Code, the Secretary concerned shall 

submit, in writing, to the congressional defense committees a report 

including the following relating to such agreement: 

(1) The circumstances that resulted in the need to enter 

into an intergovernmental support agreement that included 

such exception. 

(2) The anticipated benefits of entering into such agreement 

that included such exception. 

(3) The anticipated impact on persons covered under such 

chapter 85 because of such exception. 

(4) The extent to which such agreement complies with 

applicable policies, directives, or other guidance of the Department of Defense. 

(b) RECOMMENDATIONS.— 

(1) IN GENERAL.—The Secretary of Defense shall submit 

to the congressional defense committees, along with the budget 

request materials for fiscal year 2023, specific recommendations 

for modifications to the legislative text of subsection (a)(1) 

of section 2679 of title 10, United States Code, along with 

Time period. 

Time periods. 

Reports. 

Deadlines. 

Contracts. 

10 USC 2679 

note. 

Assessment. 

Time period. 

10 USC 3344 

note prec. 


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135 STAT. 1866 PUBLIC LAW 117–81—DEC. 27, 2021 

a rationale for any such modifications, to identify specific provisions of Federal contracting law appropriate for waiver or 

exemption to ensure effective use of intergovernmental support 

agreements under such section. 

(2) BUDGET REQUEST MATERIALS DEFINED.—In this subsection, the term ‘‘budget request materials’’ means the materials submitted to Congress by the President under section 

1105(a) of title 31, United States Code. 

(c) BRIEFING REQUIRED.—Not later than 6 months after the 

date of enactment of this Act the Secretary of Defense shall provide 

to the congressional defense committees a briefing on activities 

taken to carry out the requirements of this section. 

(d) POLICY REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall issue 

guidance to clarify the use of the authority under section 2679 

of title 10, United States Code, including with respect to— 

(1) the application of other requirements of acquisition 

law and policy; and 

(2) chapter 85 of title 41, United States Code. 

(e) SECRETARY CONCERNED DEFINED.—In this section, the term 

‘‘Secretary concerned’’ means— 

(1) the Secretary of the Army, with respect to matters 

concerning the Army; 

(2) the Secretary of the Navy, with respect to matters 

concerning the Navy and the Marine Corps; and 

(3) the Secretary of the Air Force, with respect to matters 

concerning the Air Force and the Space Force. 

SEC. 877. REPORT ON REQUESTS FOR EQUITABLE ADJUSTMENT IN 

DEPARTMENT OF THE NAVY. 

(a) REPORT REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of the Navy shall 

submit to the congressional defense committees a report describing 

in detail the processing of requests for equitable adjustment by 

the Department of the Navy between October 1, 2011, and the 

date of the enactment of this Act, including progress by components 

within the Department of the Navy in complying with the covered 

directive. 

(b) CONTENTS.—The report required under subsection (a) shall 

include, at a minimum, the following: 

(1) The number of requests for equitable adjustment submitted between October 1, 2011, and the date of the enactment 

of this Act. 

(2) The components within the Department of the Navy 

to which each such request was submitted. 

(3) The number of requests for equitable adjustment outstanding as of the date of the enactment of this Act. 

(4) The number of requests for equitable adjustment settled 

but not paid as of the date of the enactment of this Act, 

including a description of why each such request has not been 

paid. 

(5) A detailed explanation of the efforts by the Secretary 

of the Navy to ensure compliance of components within the 

Department of the Navy with the covered directive. 

(c) COVERED DIRECTIVE DEFINED.—In this section, the term 

‘‘covered directive’’ means the directive of the Assistant Secretary 

of the Navy for Research, Development, and Acquisition, dated 

Time period. 

Deadline. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1867 

March 20, 2020, and titled ‘‘(Intent and Direction) Withholds and 

Retentions During COVID-19’’ requiring— 

(1) payment to contractors of all settled requests for equitable adjustment; and 

(2) the expeditious resolution of all outstanding requests 

for equitable adjustment. 

SEC. 878. MILITARY STANDARDS FOR ARMOR MATERIALS IN VEHICLE 

SPECIFICATIONS. 

(a) IN GENERAL.—Not later than June 30, 2022, the Secretary 

of the Army shall establish technical specification standards for 

all metal and non-metal armor for incorporation into specifications 

for current and future armored vehicles developed or procured 

by the Department of the Army. 

(b) REPORT REQUIRED.— 

(1) IN GENERAL.—On the date on which the standards 

described in subsection (a) are established under such subsection, the Secretary of the Army shall submit to the congressional defense committees a report describing— 

(A) the establishment of such standards; and 

(B) the strategy for incorporating such standards as 

requirements for armored vehicles developed and procured 

by the Department of the Army. 

(2) FORM.—The report required by paragraph (1) shall be 

in an unclassified form, but may include a classified annex. 

(c) ARMORED VEHICLE DEFINED.—For purposes of this section, 

the term ‘‘armored vehicle’’ means a tracked or wheeled tactical 

vehicle incorporating armor in its manufacture. 

TITLE IX—DEPARTMENT OF DEFENSE 

ORGANIZATION AND MANAGEMENT 

Sec. 901. Change in eligibility requirements for appointment to certain Department 

of Defense leadership positions. 

Sec. 902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity. 

Sec. 903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. 

Sec. 904. Implementation of repeal of Chief Management Officer of the Department 

of Defense. 

Sec. 905. Space Force organizational matters and modification of certain space-related acquisition authorities. 

Sec. 906. Assignments for participants in the John S. McCain Strategic Defense 

Fellows Program. 

Sec. 907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy. 

Sec. 908. Management innovation activities. 

Sec. 909. Digital talent recruiting officer. 

Sec. 910. Cross-functional team for emerging threat relating to anomalous health 

incidents. 

Sec. 911. Alignment of Close Combat Lethality Task Force. 

Sec. 912. Independent review of and report on the Unified Command Plan. 

Sec. 913. Study and report on the role and organization of space assets in the reserve components. 

SEC. 901. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT 

TO CERTAIN DEPARTMENT OF DEFENSE LEADERSHIP 

POSITIONS. 

(a) SECRETARY OF DEFENSE.—Subsection (a) of section 113 of 

title 10, United States Code, is amended to read as follows: 

Strategy. 

Deadline. 

10 USC 7532 

note prec. 


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135 STAT. 1868 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(a)(1) There is a Secretary of Defense, who is the head of 

the Department of Defense, appointed from civilian life by the 

President, by and with the advice and consent of the Senate. 

‘‘(2) A person may not be appointed as Secretary of Defense— 

‘‘(A) within seven years after relief from active duty as 

a commissioned officer of a regular component of an armed 

force in a grade below O–7; or 

‘‘(B) within 10 years after relief from active duty as a 

commissioned officer of a regular component of an armed force 

in the grade of O–7 or above.’’. 

(b) ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS

AND LOW INTENSITY CONFLICT.—Section 138(b)(2)(A) of title 10, 

United States Code, is amended by inserting after the third sentence 

the following: ‘‘A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.’’. 

(c) SECRETARY OF THE ARMY.—Section 7013(a)(2) of title 10, 

United States Code, is amended by striking ‘‘five’’ and inserting 

‘‘seven’’. 

(d) SECRETARY OF THE NAVY.—Section 8013(a)(2) of title 10, 

United States Code, is amended by striking ‘‘five’’ and inserting 

‘‘seven’’. 

(e) SECRETARY OF THE AIR FORCE.—Section 9013(a)(2) of title 

10, United States Code, is amended by striking ‘‘five’’ and inserting 

‘‘seven’’. 

(f) TECHNICAL CORRECTIONS RELATING TO OTHER POSITIONS.— 

(1) UNDER SECRETARY OF DEFENSE (COMPTROLLER).—Section 

135(a)(1) of title 10, United States Code, is amended by striking 

‘‘the armed forces’’ and inserting ‘‘an armed force’’. 

(2) UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND

READINESS.—Section 136(a) of title 10, United States Code, 

is amended by striking ‘‘the armed forces’’ and inserting ‘‘an 

armed force’’. 

(3) UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE AND

SECURITY.—Section 137(a) of title 10, United States Code, is 

amended by striking ‘‘the armed forces’’ and inserting ‘‘an 

armed force’’. 

(g) APPLICABILITY.—The amendments made by subsections (a) 

through (e) shall apply with respect to appointments made on 

or after the date of the enactment of this Act. 

SEC. 902. CLARIFICATION OF TREATMENT OF OFFICE OF LOCAL 

DEFENSE COMMUNITY COOPERATION AS A DEPARTMENT 

OF DEFENSE FIELD ACTIVITY. 

(a) TREATMENT OF OFFICE OF LOCAL DEFENSE COMMUNITY

COOPERATION AS A DEPARTMENT OF DEFENSE FIELD ACTIVITY.— 

(1) TRANSFER TO CHAPTER 8.—Section 146 of title 10, United 

States Code, is transferred to subchapter I of chapter 8 of 

such title, inserted after section 197, and redesignated as section 198. 

(2) TREATMENT AS DEPARTMENT OF DEFENSE FIELD

ACTIVITY.—Section 198(a) of such title, as transferred and 

redesignated by subsection (a) of this subsection, is amended— 

(A) by striking ‘‘in the Office of the Secretary of Defense 

an office to be known as the’’ and inserting ‘‘in the Department of Defense an’’; and 

10 USC 113 note. 

Time periods. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1869 

(B) by adding at the end the following: ‘‘The Secretary 

shall designate the Office as a Department of Defense 

Field Activity pursuant to section 191, effective as of the 

date of the enactment of the William M. (Mac) Thornberry 

National Defense Authorization Act for Fiscal Year 2021 

(Public Law 116–283).’’. 

(3) APPOINTMENT OF DIRECTOR.—Such section 198 is further 

amended— 

(A) in subsection (b) in the matter preceding paragraph 

(1), by striking ‘‘Under Secretary of Defense for Acquisition 

and Sustainment’’ and inserting ‘‘Secretary of Defense’’; 

and 

(B) in subsection (c)(4), by striking ‘‘Under Secretary 

of Defense for Acquisition and Sustainment’’ and inserting 

‘‘Secretary’’. 

(4) CLERICAL AMENDMENTS.— 

(A) CHAPTER 4.—The table of sections at the beginning 

of chapter 4 of title 10, United States Code, is amended 

by striking the item relating to section 146. 

(B) CHAPTER 8.—The table of sections at the beginning 

of subtitle I of chapter 8 of such title is amended by 

inserting after the item relating to section 197 the following 

new item: 

‘‘198. Office of Local Defense Community Cooperation.’’. 

(b) LIMITATION ON INVOLUNTARY SEPARATION OF PERSONNEL.— 

No personnel of the Office of Local Defense Community Cooperation 

under section 198 of title 10, United States Code (as added by 

subsection (a)), may be involuntarily separated from service with 

that Office during the one-year period beginning on the date of 

the enactment of this Act, except for cause. 

(c) ADMINISTRATION OF PROGRAMS.—Any program, project, or 

other activity administered by the Office of Economic Adjustment 

of the Department of Defense as of the date of the enactment 

of the William M. (Mac) Thornberry National Defense Authorization 

Act for Fiscal Year 2021 (Public Law 116–283) shall be administered 

by the Office of Local Defense Community Cooperation under section 

198 of title 10, United States Code (as added by subsection (a)). 

(d) CONFORMING REPEAL.—Section 905 of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal Year 

2021 (Public Law 116–283) is repealed. 

SEC. 903. ENHANCED ROLE OF THE UNDER SECRETARY OF DEFENSE 

FOR RESEARCH AND ENGINEERING ON THE JOINT 

REQUIREMENTS OVERSIGHT COUNCIL. 

(a) IN GENERAL.—Section 181 of title 10, United States Code, 

is amended— 

(1) in subsection (b)— 

(A) by redesignating paragraphs (2) through (6) as 

paragraphs (3) through (7), respectively; and 

(B) by inserting after paragraph (1) the following new 

paragraph: 

‘‘(2) increasing awareness of global trends, threats, and 

adversary capabilities to address gaps in joint military capabilities and validate joint requirements developed by the military 

departments;’’; and 

10 USC 146 

notes. 

10 USC 198 note. 

Time period. 

10 USC 198 note. 

10 USC 191 prec. 

10 USC 131 prec. 

Designation. 

Effective date. 


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135 STAT. 1870 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) in subsection (d)(1)(D), by striking the period at the 

end and inserting the following: ‘‘who shall serve as the Chief 

Technical Advisor to the Council and— 

‘‘(i) shall provide assistance in evaluating the technical feasibility of requirements under development; 

and 

‘‘(ii) shall identify options for expanding or generating new requirements based on opportunities provided by new or emerging technologies.’’. 

(b) INDEPENDENT STUDY.— (1) STUDY REQUIRED.—The Secretary of Defense shall enter 

into an agreement with a covered entity to conduct an independent study assessing the role of the Under Secretary of 

Defense for Research and Engineering on the Joint Requirements Oversight Council. 

(2) ELEMENTS.—The study required by paragraph (1) shall 

include the following: 

(A) The current role and contribution of the Under 

Secretary of Defense for Research and Engineering to the 

Joint Requirements Oversight Council. 

(B) The extent to which the role of the Under Secretary 

on the Joint Requirements Oversight Council should be 

adjusted to further maximize Council outcomes as well 

as the additional resources, if any, such adjustments would 

require. 

(C) The extent to which the Under Secretary of Defense 

should provide additional views and recommendations on 

Joint Requirements Oversight Council preparations, deliberations, and outcomes. 

(D) Such other matters as the Secretary of Defense 

determines to be appropriate 

(3) SUBMISSION TO CONGRESS.—Not later than December 

31, 2022, the Secretary shall submit to the congressional 

defense committees the results of the study required by paragraph (1). 

(4) FORM.—The study required by paragraph (1) shall be 

submitted in unclassified form but may include a classified 

annex. 

(5) COVERED ENTITY DEFINED.—In this subsection, the term 

‘‘covered entity’’ means— 

(A) a federally funded research and development 

center; or 

(B) an independent, nongovernmental organization, 

described under section 501(c)(3) of the Internal Revenue 

Code of 1986 and which is exempt from taxation under 

section 501(a) of such Code, which has recognized credentials and expertise in national security and military affairs. 

(c) REPORT ON THE ROLE OF THE UNDER SECRETARY OF DEFENSE

FOR RESEARCH AND ENGINEERING IN THE JOINT REQUIREMENTS

OVERSIGHT COUNCIL.— 

(1) IN GENERAL.—Not later than March 1, 2023, the Secretary of Defense, in consultation with the Chairman of the 

Joint Chiefs of Staff and the Under Secretary of Defense for 

Research and Engineering, shall submit to the congressional 

defense committees a report on the recommendations of the 

Secretary of Defense on the extent to which adjustments to 

the role of the Under Secretary of Defense for Research and 

Consultation. 

Recommendations. 

Deadline. 

Contracts. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1871 

Engineering on the Joint Requirements Oversight Council are 

warranted. The report shall include— 

(A) consideration of the findings of the study required 

by subsection (b); 

(B) the rationale for recommendations of the Secretary 

of Defense; and 

(C) a description of additional resources that may be 

required to support those recommendations. 

(2) ADDITIONAL INPUT.—The report may also include input 

from each member or advisor of the Joint Requirements Oversight Council. 

SEC. 904. IMPLEMENTATION OF REPEAL OF CHIEF MANAGEMENT 

OFFICER OF THE DEPARTMENT OF DEFENSE. 

Section 901(b)(1) of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended by striking ‘‘, except that any officer or employee 

so designated may not be an individual who served as the Chief 

Management Officer before the date of the enactment of this Act’’. 

SEC. 905. SPACE FORCE ORGANIZATIONAL MATTERS AND MODIFICATION OF CERTAIN SPACE-RELATED ACQUISITION 

AUTHORITIES. 

(a) IMPLEMENTATION DATE FOR SERVICE ACQUISITION EXECUTIVE OF THE DEPARTMENT OF THE AIR FORCE FOR SPACE SYSTEMS

AND PROGRAMS.— 

(1) IMPLEMENTATION DATE.—Section 957 of the National 

Defense Authorization Act for Fiscal Year 2020 (Public Law 

116–92; 10 U.S.C. 9016 note) is amended— 

(A) in subsection (a), by striking ‘‘Effective October 

1, 2022, there shall be’’ and inserting ‘‘Effective on the 

date specified in subsection (d), there shall be’’; 

(B) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘Effective as of 

October 1, 2022,’’ and inserting ‘‘Effective as of the 

date specified in subsection (d)’’; and 

(ii) in paragraph (2), by striking ‘‘as of October 

1, 2022,’’ and inserting ‘‘as of the date specified in 

subsection (d)’’; 

(C) in subsection (c)(3), by striking ‘‘October 1, 2022’’ 

and inserting ‘‘the date specified in subsection (d)’’; and 

(D) by adding at the end the following new subsection: 

‘‘(d) DATE SPECIFIED.—The date specified in this subsection 

is a date determined by the Secretary of the Air Force that is 

not later than October 1, 2022.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) TRANSFER OF ACQUISITION PROJECTS FOR SPACE SYSTEMS AND PROGRAMS.—Section 956(b)(3) of the National 

Defense Authorization Act for Fiscal Year 2020 (Public 

Law 116–92; 10 U.S.C. 9016 note) is amended— 

(i) by striking ‘‘Effective October 1, 2022,’’ and 

inserting ‘‘Effective on the date specified in section 

957(d),’’; and 

(ii) by striking ‘‘as of September 30, 2022’’ and 

inserting ‘‘as of the day before the date specified in 

section 957(d)’’. 

Determination. 

Deadline. 

10 USC 132a 

note. 


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135 STAT. 1872 PUBLIC LAW 117–81—DEC. 27, 2021 

(B) RESPONSIBILITIES OF ASSISTANT SECRETARY OF THE

AIR FORCE FOR SPACE ACQUISITION AND INTEGRATION.—Section 9016(b)(6)(B)(vi) of title 10, United States Code, is 

amended by striking ‘‘Effective as of October 1, 2022, in 

accordance with section 957 of that Act,’’ and inserting 

‘‘Effective as of the date specified in section 957(d) of such 

Act, and in accordance with such section 957,’’. 

(b) SENIOR PROCUREMENT EXECUTIVE AUTHORITIES.— 

(1) OFFICE OF THE SECRETARY OF THE AIR FORCE.—Section 

9014(c) of title 10, United States Code, is amended— 

(A) in paragraph (2), by striking ‘‘The Secretary of 

the Air Force shall’’ and inserting ‘‘Subject to paragraph 

(6), the Secretary of the Air Force shall’’; and 

(B) by inserting after paragraph (5) the following new 

paragraph: 

‘‘(6) Notwithstanding section 1702 of title 41, the Secretary 

of the Air Force may assign to the Assistant Secretary of the 

Air Force for Space Acquisition and Integration duties and authorities of the senior procurement executive that pertain to space systems and programs.’’. 

(2) ASSISTANT SECRETARIES OF THE AIR FORCE.—Section 

9016(b)(6)(B)(vi) of title 10, United States Code, as amended 

by subsection (a)(2)(B) of this section, is further amended by 

inserting ‘‘and discharge any senior procurement executive 

duties and authorities assigned by the Secretary of the Air 

Force pursuant to section 9014(c)(6) of this title’’ after ‘‘Space 

Systems and Programs’’. 

SEC. 906. ASSIGNMENTS FOR PARTICIPANTS IN THE JOHN S. MCCAIN 

STRATEGIC DEFENSE FELLOWS PROGRAM. 

Section 932(e) of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 

U.S.C. 1580 note prec.) is amended— 

(1) in paragraph (2)— 

(A) by striking ‘‘and each Under Secretary of Defense 

and Director of a Defense Agency who reports directly 

to the Secretary of Defense,’’ and inserting ‘‘, each Under 

Secretary of Defense, and other officials, as designated 

by the Secretary of Defense, within the Office of the Secretary of Defense (as defined in section 131 of title 10, 

United States Code) who report directly to the Secretary 

of Defense’’; and 

(B) by striking ‘‘or Director’’ and inserting ‘‘or official 

within the Office of the Secretary of Defense’’; 

(2) in paragraph (3)— 

(A) by striking ‘‘Under Secretaries and Directors’’ and 

inserting ‘‘Under Secretaries of Defense and other officials 

within the Office of the Secretary of Defense’’; and 

(B) by striking ‘‘Under Secretary, or Director’’ and 

inserting ‘‘Under Secretary of Defense, or other official 

within the Office of the Secretary of Defense’’; and 

(3) in paragraph (7), by striking ‘‘shall be on a first-come, 

first-served basis’’ and inserting ‘‘may require a minimum 

service agreement, as determined by the Secretary’’. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1873 

SEC. 907. DESIGNATION OF SENIOR OFFICIAL FOR IMPLEMENTATION 

OF ELECTROMAGNETIC SPECTRUM SUPERIORITY 

STRATEGY. 

(a) REQUIREMENTS.—Section 1053 of the John S. McCain 

National Defense Authorization Act for Fiscal Year 2019 (Public 

Law 116–283; 10 U.S.C. 113 note) is amended by adding at the 

end the following new subsection: 

‘‘(f) ELECTROMAGNETIC SPECTRUM SUPERIORITY STRATEGY.— 

‘‘(1) DESIGNATION.— 

‘‘(A) REQUIREMENT.—Not later than 60 days after the 

date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense 

shall designate a senior official of the Department of 

Defense to be responsible for, and accountable to the Secretary with respect to, the implementation of the electromagnetic spectrum superiority strategy. The Secretary 

shall designate the senior official from among individuals 

who are appointed to a position in the Department by 

the President, by and with the advice and consent of the 

Senate. 

‘‘(B) CONDITIONS RELATING TO DESIGNATION OF CHIEF

INFORMATION OFFICER.— 

‘‘(i) CERTIFICATION.—The Secretary may not designate the Chief Information Officer of the Department 

of Defense as the senior official under subparagraph 

(A) unless the Secretary has first included in the report 

under paragraph (3)(A) a certification that the Chief 

Information Officer has the expertise, authority, 

funding, and personnel to ensure the successful 

implementation of the electromagnetic spectrum 

superiority strategy. 

‘‘(ii) CAPE ASSESSMENT.—If the Secretary designates the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A), not later than 180 days after the date of 

the enactment of the National Defense Authorization 

Act for Fiscal Year 2022, the Director of Cost Assessment and Program Evaluation shall submit to the 

congressional defense committees an evaluation of the 

ability of the Chief Information Officer to ensure the 

successful implementation of the electromagnetic spectrum superiority strategy, including, at a minimum, 

an evaluation of the expertise, authority, funding, and 

personnel of the Chief Information Officer. 

‘‘(2) RESPONSIBILITIES.—The senior official designated 

under paragraph (1)(A) shall be responsible for the following: 

‘‘(A) Oversight of policy, strategy, planning, resource 

management, operational considerations, personnel, and 

technology development necessary to implement the electromagnetic spectrum superiority strategy. 

‘‘(B) Evaluating whether the amount that the Department of Defense expends on electromagnetic warfare and 

electromagnetic spectrum operations capabilities is properly aligned. 

Deadline. 

Evaluation. 

Deadline. 


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135 STAT. 1874 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(C) Evaluating whether the Department is effectively 

incorporating electromagnetic spectrum operations capabilities and considerations into current and future operational 

plans and concepts. 

‘‘(D) Such other matters relating to electromagnetic 

spectrum operations as the Secretary specifies for purposes 

of this paragraph. 

‘‘(3) REPORTS.— 

‘‘(A) IMPLEMENTATION REPORT.—Not later than 60 days 

after the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2022, the Secretary shall 

submit to the congressional defense committees a report 

on the implementation of the Electromagnetic Spectrum 

Superiority Strategy published in October 2020, including— 

‘‘(i) an evaluation of the additional personnel, 

resources, and authorities the Secretary determines 

will be needed by the senior official designated under 

paragraph (1)(A) who is responsible for implementing 

the electromagnetic spectrum superiority strategy; and 

‘‘(ii) a description of how the Secretary will ensure 

that such implementation will be successful. 

‘‘(B) RULES OF ENGAGEMENT REPORT.—Not later than 

270 days after the date of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit 

to the congressional defense committees a report that 

includes the following: 

‘‘(i) A review of the sufficiency of the authorities 

and rules of engagement of the Department of Defense 

relating to electromagnetic spectrum operations, in 

particular with respect to operating below the level 

of armed conflict short of or in advance of kinetic 

activity and to protect the Department from electronic 

attack and disruption. 

‘‘(ii) Recommended changes to the authorities or 

rules of engagement to ensure the Department can 

effectively compete, deter conflict, and maintain protection from electronic attack and disruption. 

‘‘(iii) Any other matters the Secretary determines 

relevant. 

‘‘(4) SEMIANNUAL BRIEFINGS.—On a semiannual basis 

during the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 

2022, the Secretary shall provide to the congressional defense 

committees a briefing on the status of the implementation 

of the electromagnetic spectrum superiority strategy. Each 

briefing shall include, at a minimum, the following: 

‘‘(A) An update on the efforts of the Department of 

Defense to— 

‘‘(i) achieve the strategic goals set out in the 

electromagnetic spectrum superiority strategy; and 

‘‘(ii) implement such strategy through various elements of the Department. 

‘‘(B) An identification of any additional authorities or 

resources relating to electromagnetic spectrum operations 

that the Secretary determines is necessary to implement 

the strategy. 

Determination. 

Update. 

Time period. 

Recommendations. 

Review. 

Evaluation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1875 

‘‘(5) ELECTROMAGNETIC SPECTRUM SUPERIORITY STRATEGY

DEFINED.—In this subsection, the term ‘electromagnetic spectrum superiority strategy’ means the Electromagnetic Spectrum 

Superiority Strategy of the Department of Defense published 

in October 2020, and any such successor strategy.’’. 

(b) CLARIFICATION OF CROSS-FUNCTIONAL TEAM PLANS.—Subsection (d)(2) of such section is amended by striking ‘‘biennially 

thereafter’’ and inserting ‘‘biennially thereafter during the life of 

the cross-functional team established pursuant to subsection (c)’’. 

(c) TRANSFER OF CERTAIN PROVISION.—Section 152 of the William M. (Mac) Thornberry National Defense Authorization Act for 

Fiscal Year 2021 (Public Law 116–283) is— 

(1) amended— 

(A) in subsection (a), by striking ‘‘two years after the 

date of the enactment of this Act and in accordance with 

the plan developed pursuant to subsection (b)’’ and 

inserting ‘‘January 1, 2023, and in accordance with the 

plan developed pursuant to paragraph (2)’’; 

(B) by striking ‘‘paragraph (1)’’ each place it appears 

and inserting ‘‘subparagraph (A)’’; 

(C) by striking ‘‘subsection (a)’’ each place it appears 

and inserting ‘‘paragraph (1)’’; 

(D) in subsection (b)(2)(D), by striking ‘‘subsections 

(c) and (d)’’ and inserting ‘‘paragraphs (3) and (4)’’; and 

(E) in subsection (e), by striking ‘‘this section’’ and 

inserting ‘‘this subsection’’; 

(2) transferred to such section 1053, redesignated as subsection (g) (including by redesignating its subsections as paragraphs, paragraphs as subparagraphs, and clauses as subclauses, respectively, and indenting such provisions accordingly) 

and added so as to appear after subsection (f), as added by 

subsection (a) of this section. 

SEC. 908. MANAGEMENT INNOVATION ACTIVITIES. 

(a) IN GENERAL.—The Secretary of Defense shall carry out 

a set of activities to improve the effectiveness of management 

activities within the Department of Defense, with the goals of 

incorporating appropriate private sector management practices and 

technologies and enhancing the capabilities of the defense management workforce. 

(b) MANAGEMENT ACTIVITIES.—Subject to the total force 

management requirements under section 129a of title 10, United 

States Code, the activities carried out under subsection (a) may 

include the following: 

(1) Public-private partnerships with appropriate private 

sector and government organizations. 

(2) Personnel exchange programs with appropriate 

industry, academic, and government organizations to enhance 

the capabilities of the defense management workforce. 

(3) Research, development, and technology and business 

process prototyping activities to create new technological 

capabilities to support management missions, or development 

and testing of new management concepts and business transformation activities. 

(4) The designation of appropriate organizations to lead 

management innovation activities. 

10 USC 129a 

note. 

10 USC 113 note. 


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135 STAT. 1876 PUBLIC LAW 117–81—DEC. 27, 2021 

(5) A process by which defense business process owners 

and other personnel of the Department of Defense can identify 

management and business process challenges and opportunities 

that could be addressed by activities carried out under this 

section. 

(6) Processes to develop, prototype, test, and field new 

business processes and practices to improve defense management capabilities. 

(7) Academic research and educational activities related 

to defense management missions to promote— 

(A) development of innovative management concepts; 

(B) analyses and addressing of appropriate management challenges; and 

(C) development of programs and activities to develop 

the defense management workforce. 

(8) Academic research and independent studies from federally funded research and development centers assessing lessons 

learned from previous Departmental management reform initiatives and whether legacy organizations exist and should be 

consolidated. 

(c) PLAN REQUIRED.—Not later than February 1, 2023, the 

Secretary of Defense shall submit to the congressional defense 

committees a plan for carrying out the activities under this section. 

(d) BRIEFINGS.— 

(1) INITIAL BRIEFING.—Not later than July 1, 2022, the 

Secretary of Defense shall provide to the congressional defense 

committees an initial briefing on the activities carried out and 

plans developed under this section. 

(2) SUBSEQUENT BRIEFING.—On a date occurring after the 

briefing under paragraph (1), but not later than July 1, 2023, 

the Secretary of Defense shall provide to the congressional 

defense committees a briefing on the activities carried out 

and plans developed under this section. 

SEC. 909. DIGITAL TALENT RECRUITING OFFICER. 

(a) DIGITAL TALENT RECRUITING FOR THE DEPARTMENT OF

DEFENSE.— 

(1) IN GENERAL.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

designate a chief digital recruiting officer within the office 

of the Under Secretary of Defense for Personnel and Readiness 

to carry out the responsibilities set forth in paragraph (2). 

(2) RESPONSIBILITIES.—The chief digital recruiting officer 

shall be responsible for— 

(A) identifying Department of Defense needs for, and 

skills gaps in, specific types of civilian digital talent; 

(B) recruiting individuals with the skills that meet 

the needs and skills gaps identified under subparagraph 

(A), in partnership with the military departments and other 

organizations and elements of the Department; 

(C) ensuring Federal scholarship for service programs 

are incorporated into civilian recruiting strategies; 

(D) when appropriate and within authority granted 

under other Federal law, offering recruitment and referral 

bonuses; and 

(E) partnering with human resource teams in the military departments and other organizations and elements 

Deadline. 

10 USC 501 note 

prec. 

Deadlines. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1877 

of the Department to help train all Department of Defense 

human resources staff on the available hiring flexibilities 

to accelerate the hiring of individuals with the skills that 

fill the needs and skills gaps identified under subparagraph 

(A). 

(3) RESOURCES.—The Secretary of Defense shall ensure 

that the chief digital recruiting officer is provided with personnel and resources sufficient to carry out the duties set 

forth in paragraph (2). 

(4) ROLE OF CHIEF HUMAN CAPITAL OFFICER.— (A) IN GENERAL.—The chief digital recruiting officer 

shall report directly to the Chief Human Capital Officer 

of the Department of Defense. 

(B) INCORPORATION.—The Chief Human Capital Officer 

shall ensure that the chief digital recruiting officer is incorporated into the agency human capital operating plan and 

recruitment strategy. In carrying out this paragraph, the 

Chief Human Capital Officer shall ensure that the chief 

digital recruiting officer’s responsibilities are deconflicted 

with any other recruitment initiatives and programs. 

(b) DIGITAL TALENT DEFINED.—For the purposes of this section, 

the term ‘‘digital talent’’ includes positions and capabilities in, or 

related to, software development, engineering, and product management; data science; artificial intelligence; distributed ledger technologies; autonomy; data management; product and user experience 

design; and cybersecurity. 

(c) ANNUAL BRIEFING REQUIREMENT.—Not later than one year 

after the date of the enactment of this Act, and on an annual 

basis thereafter, the chief digital recruiting officer shall provide 

to the congressional defense committees a briefing on— 

(1) the efforts of the Department of Defense to recruit 

digital talent to positions in the Department; and 

(2) a summary of any accomplishments and challenges 

with respect to such recruiting. 

(d) SUNSET.—The requirements under subsection (a) shall 

expire on September 30, 2025. 

SEC. 910. CROSS-FUNCTIONAL TEAM FOR EMERGING THREAT 

RELATING TO ANOMALOUS HEALTH INCIDENTS. 

(a) ESTABLISHMENT.—Using the authority provided pursuant 

to section 911(c) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), the 

Secretary of Defense shall establish a cross-functional team to 

address national security challenges posed by anomalous health 

incidents (as defined by the Secretary) and ensure that individuals 

affected by anomalous health incidents receive timely and comprehensive health care and treatment pursuant to title 10, United 

States Code, for symptoms consistent with an anomalous health 

incident. 

(b) DUTIES.—The duties of the cross-functional team established 

under subsection (a) shall be— 

(1) to assist the Secretary of Defense with addressing the 

challenges posed by anomalous health incidents and any other 

efforts regarding such incidents that the Secretary determines 

necessary; and 

(2) to integrate the efforts of the Department of Defense 

regarding anomalous health incidents with the efforts of other 

10 USC 111 note. 

Summaries. 

Deadline. 


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135 STAT. 1878 PUBLIC LAW 117–81—DEC. 27, 2021 

departments or agency of the Federal Government regarding 

such incidents. 

(c) TEAM LEADERSHIP.—The Secretary shall select an Under 

Secretary of Defense to lead the cross-functional team and a senior 

military officer to serve as the deputy to the Under Secretary 

so selected. 

(d) DETERMINATION OF ORGANIZATIONAL ROLES AND RESPONSIBILITIES.—The Secretary, in consultation with the Director of 

National Intelligence and acting through the cross-functional team 

established under subsection (a), shall determine the roles and 

responsibilities of the organizations and elements of the Department 

of Defense with respect to addressing anomalous health incidents, 

including the roles and responsibilities of the Office of the Secretary 

of Defense, the intelligence components of the Department, Defense 

agencies, Department of Defense field activities, the military departments, combatant commands, and the Joint Staff. 

(e) BRIEFINGS.— 

(1) INITIAL BRIEFING.—Not later than 45 days after the 

date of the enactment of this Act, the Secretary shall provide 

to the appropriate congressional committees a briefing on— 

(A) the progress of the Secretary in establishing the 

cross-functional team; and 

(B) the progress the team has made in— 

(i) determining the roles and responsibilities of 

the organizations and elements of the Department of 

Defense with respect the cross-functional team; and 

(ii) carrying out the duties under subsection (b). 

(2) UPDATES.—Not later than 90 days after the date of 

the enactment of this Act, and once every 60 days thereafter 

during the one-year period following such date of enactment, 

the Secretary shall provide to the appropriate congressional 

committees a briefing containing updates with respect to the 

efforts of the Department regarding anomalous health 

incidents. 

(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence of the Senate. 

SEC. 911. ALIGNMENT OF CLOSE COMBAT LETHALITY TASK FORCE. 

(a) IN GENERAL.—Beginning not later than 60 days after the 

date of the enactment of this Act, and continuing until the date 

on which the Secretary of Defense submits to the congressional 

defense committees the report described in subsection (b), the Secretary shall reinstate— 

(1) the initial alignment of the Close Combat Lethality 

Task Force so that the Task Force reports directly to the 

Secretary; and 

(2) the designation of the Task Force as a cross-functional 

team under section 911 of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 

note). 

Deadline. 

Time period. 

Deadlines. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1879 

(b) REPORT DESCRIBED.—The report described in this subsection 

is a report on a proposed alternative alignment for the Close Combat 

Lethality Task Force that includes— 

(1) a description of— 

(A) how the proposed alternative alignment of the Task 

Force would— 

(i) facilitate the effective pursuit of, and support 

for, both materiel and non-materiel initiatives by the 

Task Force; 

(ii) maintain benefits for the Task Force similar 

to the benefits associated with reporting directly to 

the Secretary of Defense and designation as a crossfunctional team; and 

(iii) ensure collaboration and support from the primary stakeholders in the Task Force, including the 

Army, the Marine Corps, and the United States Special 

Operations Command; and 

(B) how the Task Force would be funded and gain 

appropriate resourcing for cross-functional team initiatives 

supported by the Secretary; and 

(2) supporting analysis for the matters described in paragraph (1). 

(c) EXCEPTION.—Subsection (a) does not apply if the President 

submits to the congressional defense committees— 

(1) a certification that implementing that subsection would 

be detrimental to the defense interests of the United States; 

and 

(2) a justification for the certification. 

SEC. 912. INDEPENDENT REVIEW OF AND REPORT ON THE UNIFIED 

COMMAND PLAN. 

(a) REVIEW REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense shall provide 

for an independent review of the current Unified Command 

Plan. 

(2) ELEMENTS.—The review required by paragraph (1) shall 

include the following: 

(A) An assessment of the most recent Unified Command Plan with respect to— 

(i) current and anticipated threats; 

(ii) deployment and mobilization of the Armed 

Forces; and 

(iii) the most current versions of the National 

Defense Strategy and Joint Warfighting Concept. 

(B) An evaluation of the missions, responsibilities, and 

associated force structure of each geographic and functional 

combatant command. 

(C) An assessment of the feasibility of alternative Unified Command Plan structures. 

(D) Recommendations, if any, for alternative Unified 

Command Plan structures. 

(E) Recommendations, if any, on refining the manner 

by which combatant commanders identify priority capabilities, gaps, and operational requirements and how the 

Department of Defense incorporates those identified elements into planning, programming, budgeting, execution, 

and modernization processes. 

Recommendations. 

Recommendations. 

Assessment. 

Evaluation. 

Assessment. 

Certification. 

President. 


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135 STAT. 1880 PUBLIC LAW 117–81—DEC. 27, 2021 

(F) Recommendations, if any, for modifications to sections 161 through 169 of title 10, United States Code. 

(G) Any other matter the Secretary of Defense determines appropriate. 

(3) CONDUCT OF REVIEW BY INDEPENDENT ENTITY.— (A) IN GENERAL.—The Secretary of Defense shall— 

(i) seek to enter into an agreement with an entity 

described in subparagraph (B) to conduct the review 

required by paragraph (1); and 

(ii) ensure that the review is conducted independently of the Department of Defense. 

(B) ENTITY DESCRIBED.—An entity described in this 

subparagraph is— 

(i) a federally funded research and development 

center; or 

(ii) an independent, nongovernmental institute 

that— 

(I) is described in section 501(c)(3) of the 

Internal Revenue Code of 1986; 

(II) is exempt from tax under section 501(a) 

of that Code; and 

(III) has recognized credentials and expertise 

in national security and military affairs. 

(b) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Not later than October 1, 2022, the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a 

report that includes the results of the review conducted under 

subsection (a). 

(2) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

SEC. 913. STUDY AND REPORT ON THE ROLE AND ORGANIZATION OF 

SPACE ASSETS IN THE RESERVE COMPONENTS. 

(a) STUDY.—The Secretary of Defense shall conduct a study 

to determine the appropriate role and organization of space-related 

assets within the reserve components of the Armed Forces. 

(b) REPORT.—Not later than March 31, 2022, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report on the 

results of the study conducted under subsection (a). 

(c) ELEMENTS.—The report under subsection (b) shall include 

the following: 

(1) The determinations of the Secretary of Defense with 

respect to the— 

(A) the organization and integration of space-related 

units within the reserve components of the Armed Forces; 

(B) the staffing of such units, including the recruitment 

and retention of personnel for such units (including any 

reserve units of the Space force); 

(C) the missions of such units; and 

(D) the operational requirements applicable to such 

units. 

(2) An analysis of— 

(A) the costs of establishing a Space National Guard 

in accordance with subtitle C of title IX of H.R. 4350, 

Analysis. 

Determinations. 

Determination. 

Contracts. 

Recommendations. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1881 

One Hundred Seventeenth Congress, as passed by the 

House of Representatives on September 23, 2021; and 

(B) how a Space National Guard established in accordance with such subtitle would operate as part of the reserve 

components. 

(3) Based on the analysis under paragraph (2), the recommendations of the Secretary with respect to the potential 

establishment of a Space National Guard. 

(4) If applicable, any savings or costs that may result 

from the preservation of the space-related force structures of 

the Air National Guard, as such force structures are in effect 

on the date of the enactment of this Act. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Revision of limitation on funding for combatant commands through 

Combatant Commander Initiative Fund. 

Sec. 1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process. Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution Reform. 

Subtitle B—Counterdrug Activities 

Sec. 1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia. Sec. 1008. Authority for joint task forces to provide support to law enforcement 

agencies conducting counter-terrorism activities. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1011. Modification to annual naval vessel construction plan. 

Sec. 1012. Improving oversight of Navy contracts for shipbuilding, conversion, and 

repair. Sec. 1013. Codification of requirement for assessments prior to start of construction 

on first ship of a shipbuilding program. Sec. 1014. Limitation on decommissioning or inactivating a battle force ship before 

the end of expected service life. Sec. 1015. Biennial report on shipbuilder training and the defense industrial base. 

Sec. 1016. Annual report on ship maintenance. 

Sec. 1017. Navy battle force ship assessment and requirement reporting. 

Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol boats. 

Sec. 1019. Availability of funds for retirement or inactivation of guided missile 

cruisers. 

Sec. 1020. Review of sustainment key performance parameters for shipbuilding programs. Sec. 1021. Assessment of security of global maritime chokepoints. 

Sec. 1022. Report on acquisition, delivery, and use of mobility assets that enable 

implementation of expeditionary advanced base operations. 

Subtitle D—Counterterrorism 

Sec. 1031. Inclusion in counterterrorism briefings of information on use of military 

force in collective self-defense. 

Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, 

Cuba, to certain countries. 

Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, 

Cuba, to the United States. 

Sec. 1034. Extension of prohibition on use of funds to construct or modify facilities 

in the United States to house detainees transferred from United States 

Naval Station, Guantanamo Bay, Cuba. 

Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of 

United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1036. Report on medical care provided to detainees at United States Naval 

Station, Guantanamo Bay, Cuba. 

Recommendations. 


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135 STAT. 1882 PUBLIC LAW 117–81—DEC. 27, 2021 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Congressional oversight of alternative compensatory control measures. 

Sec. 1042. Modification of notification requirements for sensitive military operations. 

Sec. 1043. Authority to provide space and services to military welfare societies. 

Sec. 1044. Congressional notification of significant Army force structure changes. 

Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse 

comitatus. 

Sec. 1046. Comparative testing reports for certain aircraft. 

Sec. 1047. Special operations forces joint operating concept for competition and conflict. 

Sec. 1048. Limitation on availability of certain funding for operation and maintenance. Sec. 1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment. 

Sec. 1050. Briefing by Comptroller General and limitation on use of funds pending 

compliance with requirement for independent studies regarding potential cost savings. 

Sec. 1051. Survey on relations between members of the Armed Forces and military 

communities. 

Sec. 1052. Limitation on use of funds pending compliance with certain statutory reporting requirements. 

Sec. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern. 

Subtitle F—Studies and Reports 

Sec. 1061. Inclusion of support services for Gold Star families in quadrennial quality of life review. 

Sec. 1062. Public availability of semi-annual summaries of reports. 

Sec. 1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department 

Of Homeland Security and Department Of Defense. 

Sec. 1064. Continuation of certain Department of Defense reporting requirements. 

Sec. 1065. Updated review and enhancement of existing authorities for using Air 

Force and Air National Guard modular airborne fire-fighting systems 

and other Department of Defense assets to fight wildfires. 

Sec. 1066. Geographic combatant command risk assessment of Air Force airborne 

intelligence, surveillance, and reconnaissance modernization plan. 

Sec. 1067. Biennial assessments of Air Force Test Center. 

Sec. 1068. Report on 2019 World Military Games. 

Sec. 1069. Reports on oversight of Afghanistan. 

Sec. 1070. Study and report on Department of Defense excess personal property 

program. 

Sec. 1071. Optimization of Irregular Warfare Technical Support Directorate. 

Sec. 1072. Assessment of requirements for and management of Army three-dimensional geospatial data. 

Sec. 1073. Required review of Department of Defense unmanned aircraft systems 

categorization. 

Sec. 1074. Annual report and briefing on Global Force Management Allocation 

Plan. 

Sec. 1075. Report on World War I and Korean War era Superfund facilities. 

Sec. 1076. Report on implementation of irregular warfare strategy. 

Sec. 1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service. 

Sec. 1078. Report on Air Force strategy for acquisition of combat rescue aircraft 

and equipment. 

Subtitle G—Other Matters 

Sec. 1081. Technical, conforming, and clerical amendments. 

Sec. 1082. Modification to Regional Centers for Security Studies. 

Sec. 1083. Improvement of transparency and congressional oversight of civil reserve 

air fleet. 

Sec. 1084. Observance of National Atomic Veterans Day. 

Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations. 

Sec. 1086. National Museum of the Surface Navy. 

Sec. 1087. Authorization for memorial for members of the Armed Forces killed in 

attack on Hamid Karzai International Airport. 

Sec. 1088. Treatment of operational data from Afghanistan. 

Sec. 1089. Responsibilities for national mobilization; personnel requirements. 

Sec. 1090. Independent assessment with respect to Arctic region. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1883 

Sec. 1091. National Security Commission on Emerging Biotechnology. 

Sec. 1092. Quarterly security briefings on Afghanistan. 

Sec. 1093. Transition of funding for non-conventional assisted recovery capabilities. 

Sec. 1094. Afghanistan War Commission Act of 2021. 

Sec. 1095. Commission on the National Defense Strategy. 

Subtitle A—Financial Matters 

SEC. 1001. GENERAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this division for 

fiscal year 2022 between any such authorizations for that fiscal 

year (or any subdivisions thereof). Amounts of authorizations 

so transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—Except as provided in paragraph (3), the 

total amount of authorizations that the Secretary may transfer 

under the authority of this section may not exceed 

$6,000,000,000. 

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military 

personnel authorizations under title IV shall not be counted 

toward the dollar limitation in paragraph (2). 

(b) LIMITATIONS.—The authority provided by subsection (a) to 

transfer authorizations— 

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority 

is transferred; and 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section 

shall be deemed to increase the amount authorized for the account 

to which the amount is transferred by an amount equal to the 

amount transferred. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

SEC. 1002. REVISION OF LIMITATION ON FUNDING FOR COMBATANT 

COMMANDS THROUGH COMBATANT COMMANDER INITIATIVE FUND. 

Section 166a(e)(1) of title 10, United States Code, is amended— 

(1) in subparagraph (A)— 

(A) by striking ‘‘$20,000,000’’ and inserting 

‘‘$25,000,000’’; and 

(B) by striking ‘‘$250,000’’ and inserting ‘‘$300,000’’; 

(2) in subparagraph (B), by striking ‘‘$10,000,000’’ and 

inserting ‘‘$15,000,000’’; and 

(3) in subparagraph (C), by striking ‘‘$5,000,000’’ and 

inserting ‘‘$10,000,000’’. 

Determination. 


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135 STAT. 1884 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 1003. PLAN FOR CONSOLIDATION OF INFORMATION TECHNOLOGY 

SYSTEMS USED IN DEPARTMENT OF DEFENSE PLANNING, 

PROGRAMMING, BUDGETING, AND EXECUTION PROCESS. 

Not later than 180 days after the date of the enactment of 

this Act, the Under Secretary of Defense (Comptroller), in consultation with the Chief Information Officer and the Chief Data Officer 

of the Department of Defense, shall submit to the congressional 

defense committees a plan to consolidate the information technology 

systems used to manage data and support the planning, programming, budgeting, and execution process of the Department of 

Defense. The plan shall include the consolidation of such systems 

used by each of the military departments and such systems used 

by the Defense Agencies, and shall address the retirement or elimination of such systems. 

SEC. 1004. COMMISSION ON PLANNING, PROGRAMMING, BUDGETING, 

AND EXECUTION REFORM. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—There is hereby established an independent commission in the legislative branch to be known 

as the ‘‘Commission on Planning, Programming, Budgeting, 

and Execution Reform’’ (in this section referred to as the 

‘‘Commission’’). 

(2) DATE OF ESTABLISHMENT.—The Commission shall be 

established not later 30 days after the date of the enactment 

of this Act. 

(b) MEMBERSHIP.— 

(1) NUMBER AND APPOINTMENT.—The Commission shall be 

composed of 14 civilian individuals not employed by the Federal 

Government who are recognized experts and have relevant 

professional experience one or more of the following: 

(A) Matters relating to the planning, programming, 

budgeting, and execution process of the Department of 

Defense. 

(B) Innovative budgeting and resource allocation 

methods of the private sector. 

(C) Iterative design and acquisition process. 

(D) Budget or program execution data analysis. 

(2) MEMBERS.—The members shall be appointed as follows: 

(A) The Secretary of Defense shall appoint two members. 

(B) The Majority Leader and the Minority Leader of 

the Senate shall each appoint one member. 

(C) The Speaker of the House of Representatives and 

the Minority Leader shall each appoint one member. 

(D) The Chair and the Ranking Member of the Committee on Armed Services of the Senate shall each appoint 

one member. 

(E) The Chair and the Ranking Member of the Committee on Armed Services of the House of Representatives 

shall each appoint one member. 

(F) The Chair and the Ranking Member of the Committee on Appropriations of the Senate shall each appoint 

one member. 

(G) The Chair and the Ranking Member of the Committee on Appropriations of the House of Representatives 

shall each appoint one member. 

Appointments. 

Deadline. 

Deadline. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1885 

(3) DEADLINE FOR APPOINTMENT.—Not later than 30 days 

after the date described in subsection (a)(2), members shall 

be appointed to the Commission. 

(4) EXPIRATION OF APPOINTMENT AUTHORITY.—The 

authority to make appointments under this subsection shall 

expire on the date described in subsection (a)(2), and the 

number of members of the Commission shall be reduced by 

the number equal to the number of appointments so not made. 

(c) CHAIR AND VICE CHAIR.—The Commission shall elect a 

Chair and Vice Chair from among its members. 

(d) PERIOD OF APPOINTMENT AND VACANCIES.—Members shall 

be appointed for the term of the Commission. A vacancy in the 

Commission shall not affect its powers and shall be filled in the 

same manner as the original appointment was made. 

(e) PURPOSE.—The purpose of the Commission is to— 

(1) examine the effectiveness of the planning, programming, 

budgeting, and execution process and adjacent practices of the 

Department of Defense, particularly with respect to facilitating 

defense modernization; 

(2) consider potential alternatives to such process and practices to maximize the ability of the Department of Defense 

to respond in a timely manner to current and future threats; 

and 

(3) make legislative and policy recommendations to improve 

such process and practices in order to field the operational 

capabilities necessary to outpace near-peer competitors, provide 

data and analytical insight, and support an integrated budget 

that is aligned with strategic defense objectives. 

(f) SCOPE AND DUTIES.—The Commission shall perform the 

following duties: 

(1) Compare the planning, programming, budgeting, and 

execution process of the Department of Defense, including the 

development and production of documents including the 

Defense Planning Guidance (described in section 113(g) of title 

10, United States Code), the Program Objective Memorandum, 

and the Budget Estimate Submission, with similar processes 

of private industry, other Federal agencies, and other countries. 

(2) Conduct a comprehensive assessment of the efficacy 

and efficiency of all phases and aspects of the planning, 

programming, budgeting, and execution process, which shall 

include an assessment of— 

(A) the roles of Department officials and the timelines 

to complete each such phase or aspect; 

(B) the structure of the budget of Department of 

Defense, including the effectiveness of categorizing the 

budget by program, appropriations account, major force 

program, budget activity, and line item, and whether this 

structure supports modern warfighting requirements for 

speed, agility, iterative development, testing, and fielding; 

(C) a review of how the process supports joint efforts, 

capability and platform lifecycles, and transitioning technologies to production; 

(D) the timelines, mechanisms, and systems for presenting and justifying the budget of Department of Defense, 

monitoring program execution and Department of Defense 

budget execution, and developing requirements and 

performance metrics; 


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135 STAT. 1886 PUBLIC LAW 117–81—DEC. 27, 2021 

(E) a review of the financial management systems of 

the Department of Defense, including policies, procedures, 

past and planned investments, and recommendations 

related to replacing, modifying, and improving such systems to ensure that such systems and related processes 

of the Department result in— 

(i) effective internal controls; 

(ii) the ability to achieve auditable financial statements; and 

(iii) the ability to meet other financial management 

and operational needs; and 

(F) a review of budgeting methodologies and strategies 

of near-peer competitors to understand if and how such 

competitors can address current and future threats more 

or less successfully than the United States. 

(3) Develop and propose recommendations to improve the 

effectiveness of the planning, programming, budgeting, and 

execution process. 

(g) COMMISSION REPORT AND RECOMMENDATIONS.— 

(1) INTERIM REPORT.—Not later than February 6, 2023, 

the Commission shall submit to the Secretary of Defense and 

the congressional defense committees an interim report 

including the following: 

(A) An examination of the development of the documents described in subsection (f)(1). 

(B) An analysis of the timelines involved in developing 

an annual budget request and the future-years defense 

program (as described in section 221 of title 10, United 

States Code), including the ability to make changes to 

such request or such program within those timelines. 

(C) A review of the sufficiency of the civilian personnel 

workforce in the Office of the Secretary of Defense and 

the Office of Cost Assessment and Program Evaluation 

to conduct budgetary and program evaluation analysis. 

(D) An examination of efforts by the Department of 

Defense to develop new and agile programming and budgeting to enable the United States to more effectively counter 

near-peer competitors. 

(E) A review of the frequency and sufficiency of budget 

and program execution analysis, to include any existing 

data analytics tools and any suggested improvements. 

(F) Recommendations for internal reform to the Department relating to the planning, programming, budgeting, 

and execution process for the Department of Defense to 

make internally. 

(G) Recommendations for reform to the planning, 

programming, budgeting, and execution process that 

require statutory changes. 

(H) Any other matters the Commission considers 

appropriate. 

(2) FINAL REPORT.—Not later than September 1, 2023, the 

Commission shall submit to the Secretary of Defense and the 

congressional defense committees a final report that includes 

the elements required under paragraph (1). 

(3) BRIEFINGS.—Not later than 180 days after the date 

specified in subsection (a)(2), and not later than 30 days after 

each of the interim and final reports are submitted, the 

Deadline. 

Review. 

Examination. 

Review. 

Analysis. 

Examination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1887 

Commission shall provide to the congressional defense committees a briefing on the status of the review and assessment 

conducted under subsection (f) and include a discussion of any 

interim or final recommendations. 

(4) FORM.—The reports submitted to Congress under paragraphs (1) and (2) shall be submitted in unclassified form 

but may include a classified annex. 

(h) GOVERNMENT COOPERATION.— (1) COOPERATION.—In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, 

briefings, and other information necessary for the fulfillment 

of its responsibilities. 

(2) LIAISON.—The Secretary shall designate at least one 

officer or employee of the Department of Defense to serve 

as a liaison between the Department and the Commission. 

(3) DETAILEES AUTHORIZED.—The Secretary may provide, 

and the Commission may accept and employ, personnel detailed 

from the Department of Defense, without reimbursement. 

(4) FACILITATION.— 

(A) INDEPENDENT, NON-GOVERNMENT INSTITUTE.—Not 

later than 45 days after the date specified in subsection 

(a)(2), the Secretary of Defense shall make available to 

the Commission the services of an independent, nongovernmental organization, described under section 501(c)(3) of 

the Internal Revenue Code of 1986 and which is exempt 

from taxation under section 501(a) of such Code, which 

has recognized credentials and expertise in national security and military affairs, in order to facilitate the discharge 

of the duties of the Commission under this section. 

(B) FEDERALLY FUNDED RESEARCH AND DEVELOPMENT

CENTER.—On request of the Commission, the Secretary 

of Defense shall make available the services of a federally 

funded research and development center in order to 

enhance the discharge of the duties of the Commission 

under this section. 

(i) STAFF.— 

(1) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the 

requirements of section 2105 of title 5, United States Code, 

including the required supervision under subsection (a)(3) of 

such section, the members of the commission shall be deemed 

to be Federal employees. 

(2) EXECUTIVE DIRECTOR.—The Commission shall appoint 

and fix the rate of basic pay for an Executive Director in 

accordance with section 3161(d) of title 5, United States Code. 

(3) PAY.—The Executive Director, with the approval of 

the Commission, may appoint and fix the rate of basic pay 

for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. 

(j) PERSONAL SERVICES.— 

(1) AUTHORITY TO PROCURE.—The Commission may— 

(A) procure the services of experts or consultants (or 

of organizations of experts or consultants) in accordance 

with the provisions of section 3109 of title 5, United States 

Code; and 

(B) pay in connection with such services the travel 

expenses of experts or consultants, including transportation 

Deadline. 

Designation. 


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135 STAT. 1888 PUBLIC LAW 117–81—DEC. 27, 2021 

and per diem in lieu of subsistence, while such experts 

or consultants are traveling from their homes or places 

of business to duty stations. 

(2) MAXIMUM DAILY PAY RATES.—The daily rate paid an 

expert or consultant procured pursuant to paragraph (1) may 

not exceed the daily rate paid a person occupying a position 

at level IV of the Executive Schedule under section 5315 of 

title 5, United States Code. 

(k) AUTHORITY TO ACCEPT GIFTS.—The Commission may accept, 

use, and dispose of gifts or donations of services, goods, and property 

from non-Federal entities for the purposes of aiding and facilitating 

the work of the Commission. The authority in this subsection does 

not extend to gifts of money. Gifts accepted under this authority 

shall be documented, and conflicts of interest or the appearance 

of conflicts of interest shall be avoided. Subject to the authority 

in this section, commissioners shall otherwise comply with rules 

set forth by the Select Committee on Ethics of the Senate and 

the Committee on Ethics of the House of Representatives governing 

Senate and House employees. 

(l) LEGISLATIVE ADVISORY COMMITTEE.—The Commission shall 

operate as a legislative advisory committee and shall not be subject 

to the provisions of the Federal Advisory Committee Act (Public 

Law 92–463; 5 U.S.C. App) or section 552b, United States Code 

(commonly known as the Government in the Sunshine Act). 

(m) CONTRACTING AUTHORITY.—The Commission may acquire 

administrative supplies and equipment for Commission use to the 

extent funds are available. 

(n) USE OF GOVERNMENT INFORMATION.—The Commission may 

secure directly from any department or agency of the Federal 

Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair 

of the Commission, the head of such department or agency shall 

furnish such information to the Commission. 

(o) POSTAL SERVICES.—The Commission may use the United 

States mail in the same manner and under the same conditions 

as departments and agencies of the United States. 

(p) SPACE FOR USE OF COMMISSION.—Not later than 30 days 

after the establishment date of the Commission, the Administrator 

of General Services, in consultation with the Commission, shall 

identify and make available suitable excess space within the Federal 

space inventory to house the operations of the Commission. If 

the Administrator is not able to make such suitable excess space 

available within such 30-day period, the Commission may lease 

space to the extent the funds are available. 

(q) REMOVAL OF MEMBERS.—A member may be removed from 

the Commission for cause by the individual serving in the position 

responsible for the original appointment of such member under 

subsection (b)(1), provided that notice has first been provided to 

such member of the cause for removal and voted and agreed upon 

by three quarters of the members serving. A vacancy created by 

the removal of a member under this subsection shall not affect 

the powers of the Commission, and shall be filled in the same 

manner as the original appointment was made. 

(r) TERMINATION.—The Commission shall terminate 180 days 

after the date on which it submits the final report required by 

subsection (g)(2). 

Deadline. 

Consultation. 

Compliance. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1889 

Subtitle B—Counterdrug Activities 

SEC. 1007. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED 

COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN 

COLOMBIA. 

Section 1021 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2042), as most recently amended by section 1021 of the 

National Defense Authorization Act for Fiscal Year 2020 (Public 

Law 116–92; 133 Stat. 1577), is further amended— 

(1) in subsection (a)(1), by striking ‘‘2022’’ and inserting 

‘‘2023’’; and 

(2) in subsection (c), by striking ‘‘2022’’ and inserting 

‘‘2023’’. 

SEC. 1008. AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING 

COUNTER-TERRORISM ACTIVITIES. 

(a) EXTENSION.—Subsection (b) of section 1022 of the National 

Defense Authorization Act for Fiscal Year 2004 (Public Law 108– 

136; 10 U.S.C. 271 note) is amended by striking ‘‘2022’’ and inserting 

‘‘2027’’. 

(b) CONDITIONS.—Subsection (d) of such section is amended— 

(1) by striking paragraph (1); 

(2) by striking (2); 

(3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins 

accordingly; and 

(4) in paragraph (2), as so redesignated, by striking 

‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’. 

Subtitle C—Naval Vessels and Shipyards 

SEC. 1011. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION 

PLAN. 

(a) IN GENERAL.—Section 231 of title 10, United States Code, 

is amended— 

(1) in subsection (b)(2), by adding at the end the following 

new subparagraphs: 

‘‘(G) The expected service life of each vessel in the naval 

vessel force provided for under the naval vessel construction 

plan, disaggregated by ship class, and the rationale for any 

changes to such expectations from the previous year’s plan. 

‘‘(H) A certification by the appropriate Senior Technical 

Authority designated under section 8669b of this title of the 

expected service life of each vessel in the naval vessel force 

provided for under the naval vessel construction plan, 

disaggregated by ship class, and the rationale for any changes 

to such expectations from the previous year’s plan. 

‘‘(I) For each battle force ship planned to be inactivated 

during the five-year period beginning on the date of the submittal of the report, a description of the planned disposition 

of each such ship following such inactivation and the potential 

gaps in warfighting capability that will result from such ship 

being removed from service.’’; and 

Certification. 


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135 STAT. 1890 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) in subsection (f), by adding at the end the following 

new paragraph: 

‘‘(6) The term ‘expected service life’ means the number 

of years a naval vessel is expected to be in service.’’. 

(b) REPEAL OF TERMINATION OF ANNUAL NAVAL VESSEL

CONSTRUCTION PLAN.—Section 1061(c) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 

U.S.C. 111 note) is amended by striking paragraph (15). 

SEC. 1012. IMPROVING OVERSIGHT OF NAVY CONTRACTS FOR SHIPBUILDING, CONVERSION, AND REPAIR. 

(a) IN GENERAL.—Chapter 805 title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair 

‘‘(a) IN GENERAL.—The Secretary of the Navy shall establish 

and appoint an individual to the position of Deputy Commander 

of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as 

the ‘Deputy Commander’). 

‘‘(b) QUALIFICATIONS.—The Deputy Commander shall be a flag 

officer of the Navy or an employee of the Navy in a Senior Executive 

Service position who possesses the expertise required to carry out 

the responsibilities specified in this section. 

‘‘(c) REPORTING.—The Deputy Commander shall report directly 

to the Commander of the Naval Sea Systems Command. 

‘‘(d) GENERAL RESPONSIBILITIES.—The Deputy Commander 

shall oversee— 

‘‘(1) the independent administration and management of 

the execution of Department of Defense contracts awarded to 

commercial entities for shipbuilding, conversion, and repair 

at the facilities of such entities; 

‘‘(2) the designated contract administration office of the 

Department responsible for performing contract administration 

services for such contracts; 

‘‘(3) enforcement of requirements of such contracts to 

ensure satisfaction of all contractual obligations; 

‘‘(4) the work performed on such contracts to facilitate 

greater quality and economy in the products and services being 

procured; and 

‘‘(5) on-site quality assurance by the Government for such 

contracts, including inspections. 

‘‘(e) NON-CONTRACT ADMINISTRATION SERVICES FUNCTIONS.— 

The Deputy Commander shall manage the complexities and unique 

demands of shipbuilding, conversion, and repair by overseeing the 

performance of the following non-contract administration services 

functions for Navy Program Executives Offices, fleet commanders, 

and the Naval Sea Systems Command headquarters: 

‘‘(1) Project oversight, including the following: 

‘‘(A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval 

Sea Systems Command. 

‘‘(B) Jointly coordinating activities of precommissioning 

crews and ship’s force, and other Government activities. 

Appointment. 

10 USC 8039. 


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‘‘(C) Communicating with customers and higher 

authority regarding matters that may affect project execution. 

‘‘(D) Contract planning and procurement, including 

participation in acquisition planning and pre-award activities, including assessment of contractor qualifications. 

‘‘(2) Technical authority, including the following: 

‘‘(A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer. 

‘‘(B) Execution of the waterfront technical authority 

responsibilities of the Naval Sea Systems Command for 

providing Government direction and coordination in the 

resolution of technical issues. 

‘‘(f) COMPREHENSIVE CONTRACT MANAGEMENT.—The Deputy 

Commander shall maintain direct relationships with the Director 

of the Defense Contract Management Agency and the Director 

of the Defense Contract Audit Agency to facilitate comprehensive 

contract management and oversight of commercial entities awarded 

a contract described in subsection (d)(1) and subcontractors (at 

any tier). 

‘‘(g) SUBCONTRACTOR AUDITS.—The Deputy Commander shall 

request that the Director of the Defense Contract Audit Agency 

perform periodic audits of subcontractors that perform cost-type 

subcontracts or incentive subcontracts— 

‘‘(1) that are valued at $50,000,000 or more; and 

‘‘(2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2). 

‘‘(h) ANNUAL WRITTEN ASSESSMENT.—(1) Not later than March 

1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment summarizing the 

activities and results associated with the contracts for which the 

Deputy Commander oversees the designated contract administration office of the Department. 

‘‘(2) Each written assessment required by paragraph (1) shall 

include the following: 

‘‘(A) A summary of shipbuilding performance that— 

‘‘(i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, 

conversion, and repair for each commercial entity described 

in subsection (d)(1); 

‘‘(ii) outlines corrective action requests for critical 

defects and any actions planned or taken to address them; 

‘‘(iii) indicates waivers approved to support acceptance 

trials, combined trials, and Navy acceptance of ship 

delivery from the commercial entity described in subsection 

(d)(1), to include the conditions requiring the approval of 

each waiver; and 

‘‘(iv) includes information on the extent to which letters 

of delegation are used for each shipbuilding program to 

provide for quality assurance oversight of subcontractors 

(at any tier) by the Defense Contract Management Agency. 

‘‘(B) A summary of any significant deficiencies in contractor 

business systems or other significant contract discrepancies 

documented by the appropriate Navy supervisor of shipbuilding, 

conversion, and repair, the Defense Contract Management 

Deadline. 

Summaries. 


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135 STAT. 1892 PUBLIC LAW 117–81—DEC. 27, 2021 

Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. 

‘‘(C) A summary of the results from audits and inspections 

completed by Naval Sea Systems Command that evaluate the 

performance of the appropriate Navy supervisor of shipbuilding, 

conversion, and repair in executing their quality assurance 

and contract administration responsibilities. 

‘‘(D) A summary of any dedicated evaluation, such as a 

review by a task force or working group, of the organizational 

structure and resourcing plans and requirements that support 

the supervision of shipbuilding, conversion, and repair, that— 

‘‘(i) includes key findings, recommendations, and 

implementation plans; and 

‘‘(ii) indicates any additional support needed from other 

organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management 

Agency, for implementation.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 805 of such title is amended by adding at the 

end the following new item: 

‘‘8039. Deputy Commander of the Naval Sea Systems Command for the Supervision 

of Shipbuilding, Conversion, and Repair.’’. 

(c) EFFECTIVE DATE.—On the date that is 30 days after the 

date of enactment of the National Defense Authorization Act for 

Fiscal Year 2023— 

(1) this section and the amendments made by this section 

shall take effect; and 

(2) the Secretary of the Navy shall appoint an individual 

to the position of Deputy Commander of the Naval Sea Systems 

Command for the Supervision of Shipbuilding, Conversion, and 

Repair and notify the congressional defense committees of such 

appointment. 

SEC. 1013. CODIFICATION OF REQUIREMENT FOR ASSESSMENTS PRIOR 

TO START OF CONSTRUCTION ON FIRST SHIP OF A SHIPBUILDING PROGRAM. 

(a) IN GENERAL.—Chapter 863 of title 10, United States Code, 

is amended by inserting after section 8669b the following new 

section: 

‘‘§ 8669c. Assessments required prior to start of construction 

on first ship of a shipbuilding program 

‘‘(a) IN GENERAL.—The Secretary of the Navy may not approve 

the start of construction of the first ship for any major shipbuilding 

program until a period of 30 days has elapsed following the date 

on which the Secretary— 

‘‘(1) submits a report to the congressional defense committees on the results of any production readiness review; 

‘‘(2) certifies to the congressional defense committees that 

the findings of any such review support commencement of 

construction; and 

‘‘(3) certifies to the congressional defense committees that 

the basic and functional design of the vessel is complete. 

‘‘(b) REPORT.—The report required by subsection (a)(1) shall 

include, at a minimum, an assessment of each of the following: 

Certification. 

Certification. 

Reports. 

Time period. 

10 USC 8669c. 

Appointment. 

Notification. 

10 USC 8039 

prec. 

10 USC 8031 

prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1893 

‘‘(1) The maturity of the ship’s design, as measured by 

stability of the ship contract specifications and the degree of 

completion of detail design and production design drawings. 

‘‘(2) The maturity of developmental command and control 

systems, weapon and sensor systems, and hull, mechanical 

and electrical systems. 

‘‘(3) The readiness of the shipyard facilities and workforce 

to begin construction. 

‘‘(4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. 

‘‘(5) The Navy’s estimated delivery date and description 

of any variance to the contract delivery date. 

‘‘(6) The extent to which adequate processes and metrics 

are in place to measure and manage program risks. 

‘‘(c) DEFINITIONS.—For the purposes of subsection (a): 

‘‘(1) BASIC AND FUNCTIONAL DESIGN.—The term ‘basic and 

functional design’, when used with respect to a vessel, means 

design through computer aided models, that— 

‘‘(A) fixes the major hull structure of the vessel; 

‘‘(B) sets the hydrodynamics of the vessel; and 

‘‘(C) routes major portions of all distributive systems 

of the vessel, including electricity, water, and other utilities. 

‘‘(2) FIRST SHIP.—The term ‘first ship’ applies to a ship 

if— 

‘‘(A) the ship is the first ship to be constructed under 

that shipbuilding program; or 

‘‘(B) the shipyard at which the ship is to be constructed 

has not previously started construction on a ship under 

that shipbuilding program. 

‘‘(3) MAJOR SHIPBUILDING PROGRAM.—The term ‘major shipbuilding program’ means a program for the construction of 

combatant and support vessels required for the naval vessel 

force, as reported within the annual naval vessel construction 

plan required by section 231 of this title. 

‘‘(4) PRODUCTION READINESS REVIEW.—The term ‘production 

readiness review’ means a formal examination of a program 

prior to the start of construction to determine if the design 

is ready for production, production engineering problems have 

been resolved, and the producer has accomplished adequate 

planning for the production phase. 

‘‘(5) START OF CONSTRUCTION.—The term ‘start of construction’ means the beginning of fabrication of the hull and superstructure of the ship.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 8669b the following new item: 

‘‘8669c. Assessments required prior to start of construction on first ship of a shipbuilding program.’’. 

(c) CONFORMING REPEAL.—Section 124 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 28; 10 U.S.C. 8661 note) is repealed. 

SEC. 1014. LIMITATION ON DECOMMISSIONING OR INACTIVATING A 

BATTLE FORCE SHIP BEFORE THE END OF EXPECTED 

SERVICE LIFE. 

(a) IN GENERAL.—Chapter 863 of title 10, United States Code, 

is amended by inserting after section 8678 the following new section: 

10 USC 8661 

prec. 

Estimate. 

Cost estimate. 


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135 STAT. 1894 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘§ 8678a. Limitation on decommissioning or inactivating a 

battle force ship before the end of expected 

service life 

‘‘(a) LIMITATION.—The Secretary of the Navy may not 

decommission or inactivate a battle force ship before the end of 

the expected service life of the ship. 

‘‘(b) WAIVER.—The Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if— 

‘‘(1) the Secretary submits to the congressional defense 

committees the certification described in subsection (c) with 

respect to such ship; and 

‘‘(2) a period of 30 days has elapsed following the date 

on which such certification was submitted. 

‘‘(c) CERTIFICATION DESCRIBED.—A certification described in this 

subsection is a certification that— 

‘‘(1)(A) maintaining the battle force ship in a reduced operating status is not feasible; 

‘‘(B) maintaining the ship with reduced capability is not 

feasible; 

‘‘(C) maintaining the ship as a Navy Reserve unit is not 

feasible; 

‘‘(D) transferring the ship to the Coast Guard is not feasible; 

and 

‘‘(E) maintaining the ship is not required to support the 

most recent national defense strategy required by section 113(g) 

of this title; and 

‘‘(2) includes an explanation of— 

‘‘(A) the options assessed and the rationale for the 

determinations under subparagraphs (A) through (D) of 

paragraph (1); and 

‘‘(B) the rationale for the determination under subparagraph (E) of such paragraph. 

‘‘(d) FORM.—A certification submitted under subsection (b) shall 

be submitted in unclassified form, but may include a classified 

annex. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘battle force ship’ means the following: 

‘‘(A) A commissioned United States Ship warship 

capable of contributing to combat operations. 

‘‘(B) A United States Naval Ship that contributes 

directly to Navy warfighting or support missions. 

‘‘(2) The term ‘expected service life’ means the number 

of years a naval vessel is expected to be in service.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 863 of such title is amended by inserting after 

the item relating to section 8678 the following new item: 

‘‘8678a. Limitation on decommissioning or inactivating a battle force ship before the 

end of expected service life.’’. 

SEC. 1015. BIENNIAL REPORT ON SHIPBUILDER TRAINING AND THE 

DEFENSE INDUSTRIAL BASE. 

(a) TECHNICAL CORRECTION.—The second section 8692 of title 

10, United States Code, as added by section 1026 of the William 

M. (Mac) Thornberry National Defense Authorization Act for Fiscal 

Year 2021 (Public Law 116–283), is redesignated as section 8693 

and the table of sections at the beginning of chapter 863 of such 

title is conformed accordingly. 

10 USC 8661 

prec. 

10 USC 8661 

prec. 

Time period. 

10 USC 8678a. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1895 

(b) MODIFICATION OF REPORT.—Such section is further 

amended— 

(1) by striking ‘‘Not later’’ and inserting ‘‘(a) IN GENERAL.— 

Not later’’; 

(2) in subsection (a), as so redesignated, by adding at 

the end the following new paragraph: 

‘‘(7) An analysis of the potential benefits of multi-year 

procurement contracting for the stability of the shipbuilding 

defense industrial base.’’; and 

(3) by adding at the end the following new subsection: 

‘‘(b) SOLICITATION AND ANALYSIS OF INFORMATION.—In order 

to carry out subsection (a)(2), the Secretary of the Navy and Secretary of Labor shall— 

‘‘(1) solicit information regarding the age demographics 

and occupational experience level from the private shipyards 

of the shipbuilding defense industrial base; and 

‘‘(2) analyze such information for findings relevant to carrying out subsection (a)(2), including findings related to the 

current and projected defense shipbuilding workforce, current 

and projected labor needs, and the readiness of the current 

and projected workforce to supply the proficiencies analyzed 

in subsection (a)(1).’’. 

SEC. 1016. ANNUAL REPORT ON SHIP MAINTENANCE. 

(a) IN GENERAL.—Chapter 863 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 8694. Annual report on ship maintenance 

‘‘(a) REPORT REQUIRED.—Not later than October 15 of each 

year, the Secretary of the Navy shall submit to the Committees 

on Armed Services of the Senate and House of Representatives 

a report setting forth each of the following: 

‘‘(1) A description of all ship maintenance planned for the 

fiscal year during which the report is submitted, by hull. 

‘‘(2) The estimated cost of the maintenance described pursuant to paragraph (1). 

‘‘(3) A summary of all ship maintenance conducted by the 

Secretary during the previous fiscal year. 

‘‘(4) A detailed description of any ship maintenance that 

was deferred during the previous fiscal year, including specific 

reasons for the delay or cancellation of any availability. 

‘‘(5) A detailed description of the effect of each of the 

planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including— 

‘‘(A) a summary of the effects on the costs and schedule 

for each delay or cancellation; and 

‘‘(B) the accrued operational and fiscal cost of all the 

deferments over the fiscal year. 

‘‘(b) FORM OF REPORT.— Each report submitted under subsection (a) shall be submitted in unclassified form and made publicly 

available on an appropriate internet website in a searchable format, 

but may contain a classified annex.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new section: 

‘‘8694. Annual report on ship maintenance.’’. 

10 USC 8661 

prec. 

Public 

information. 

Web posting. 

Deferment costs. 

Summary. 

Schedule. 

Summary. 

Cost estimate. 

10 USC 8694. 

Analysis. 

Contracts. 


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135 STAT. 1896 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 1017. NAVY BATTLE FORCE SHIP ASSESSMENT AND REQUIREMENT REPORTING. 

(a) IN GENERAL.—Chapter 863 of title 10, United States Code, 

as amended by section 1023, is further amended by adding at 

the end the following new section: 

‘‘SEC. 8695. NAVY BATTLE FORCE SHIP ASSESSMENT AND REQUIREMENT REPORTING. 

‘‘(a) IN GENERAL.—Not later than 180 days after the date on 

which a covered event occurs, the Chief of Naval Operations shall 

submit to the congressional defense committees a battle force ship 

assessment and requirement. 

‘‘(b) ASSESSMENT.—Each assessment required by subsection (a) 

shall include the following: 

‘‘(1) A review of the strategic guidance of the Federal 

Government, the Department of Defense, and the Navy for 

identifying priorities, missions, objectives, and principles, in 

effect as of the date on which the assessment is submitted, 

that the force structure of the Navy must follow. 

‘‘(2) An identification of the steady-state demand for maritime security and security force assistance activities. 

‘‘(3) An identification of the force options that can satisfy 

the steady-state demands for activities required by theater 

campaign plans of combatant commanders. 

‘‘(4) A force optimization analysis that produces a dayto-day global posture required to accomplish peacetime and 

steady-state tasks assigned by combatant commanders. 

‘‘(5) A modeling of the ability of the force to fight and 

win scenarios approved by the Department of Defense. 

‘‘(6) A calculation of the number and global posture of 

each force element required to meet steady-state presence 

demands and warfighting response timelines. 

‘‘(c) REQUIREMENT.—(1) Each requirement required by subsection (a) shall— 

‘‘(A) be based on the assessment required by subsection 

(b); and 

‘‘(B) identify, for each of the fiscal years that are five, 

10, 15, 20, 25, and 30 years from the date of the covered 

event— 

‘‘(i) the total number of battle force ships required; 

‘‘(ii) the number of battle force ships required in each 

of the categories described in paragraph (2); 

‘‘(iii) the classes of battle force ships included in each 

of the categories described in paragraph (2); and 

‘‘(iv) the number of battle force ships required in each 

class. 

‘‘(2) The categories described in this paragraph are the following: 

‘‘(A) Aircraft carriers. 

‘‘(B) Large surface combatants. 

‘‘(C) Small surface combatants. 

‘‘(D) Amphibious warfare ships. 

‘‘(E) Attack submarines. 

‘‘(F) Ballistic missile submarines. 

‘‘(G) Combat logistics force. 

‘‘(H) Expeditionary fast transport. 

‘‘(I) Expeditionary support base. 

Time periods. 

Analysis. 

Review. 

Deadline. 

10 USC 8695. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1897 

‘‘(J) Command and support. 

‘‘(K) Other. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘battle force ship’ means the following: 

‘‘(A) A commissioned United States Ship warship 

capable of contributing to combat operations. 

‘‘(B) A United States Naval Ship that contributes 

directly to Navy warfighting or support missions. 

‘‘(2) The term ‘covered event’ means a significant change 

to any of the following: 

‘‘(A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. 

‘‘(B) Strategic laydown of vessels or aircraft that affects 

sustainable peacetime presence or warfighting response 

timelines. 

‘‘(C) Operating concepts, including employment cycles, 

crewing constructs, or operational tempo limits, that affect 

peacetime presence or warfighting response timelines. 

‘‘(D) Assigned missions that affect the type or quantity 

of force elements.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 863 of such title is further amended by adding 

at the end the following new item: 

‘‘8695. Navy battle force ship assessment and requirement reporting.’’. 

(c) BASELINE ASSESSMENT AND REQUIREMENT REQUIRED.—The 

date of the enactment of this Act is deemed to be a covered event 

for the purposes of establishing a baseline battle force ship assessment and requirement under section 8695 of title 10, United States 

Code, as added by subsection (a). 

SEC. 1018. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF 

MARK VI PATROL BOATS. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2022 for the Navy may be obligated or expended to retire, prepare 

to retire, or place in storage any Mark VI patrol boat. 

(b) REPORT.—Not later than February 15, 2022, the Secretary 

of the Navy, in consultation with the Commandant of the Marine 

Corps, shall submit to the congressional defense committees a report 

that includes each of the following: 

(1) The rationale for the retirement of existing Mark VI 

patrol boats, including an operational analysis of the effect 

of such retirements on the warfighting requirements of the 

commanders of each of the combatant commands. 

(2) A review of how the Fifth Fleet requirements, which 

are currently being met by Mark VI patrol boats, will continue 

to be met without such boats, including an evaluation of the 

cumulative effect of eliminating Mark VI patrol boats in addition to other recent reductions in Navy riverine force structure, 

such as riverine command boats, in the theater. 

(3) An update on the implementation of the corrective 

actions and lessons learned from the Navy’s investigation of 

the January 12, 2016, incident in which 10 United States 

sailors were detained by Iranian forces near Farsi Island, the 

extent to which retiring existing Mark VI patrol boats will 

affect such implementation, and how such implementation will 

be sustained in the absence of Mark VI patrol boats. 

Update. 

Review. 

Consultation. 

10 USC 8695 

note. 

10 USC 8661 

prec. 


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135 STAT. 1898 PUBLIC LAW 117–81—DEC. 27, 2021 

(4) A review of operating concepts for escorting high value 

units without Mark VI patrol boats. 

(5) A description of the manner and concept of operations 

in which the Marine Corps could use Mark VI patrol boats 

to support distributed maritime operations, advanced expeditionary basing operations, and persistent presence near maritime choke points and strategic littorals in the Indo-Pacific 

region. 

(6) An assessment of the potential for modification, and 

the associated costs, of the Mark VI patrol boat for the inclusion 

of loitering munitions or anti-ship cruise missiles, such as the 

Long Range Anti-Ship Missile and the Naval Strike Missile, 

particularly to support the concept of operations described in 

paragraph (5). 

(7) A description of resources required for the Marine Corps 

to possess, man, train, and maintain Mark VI patrol boats 

in the performance of the concept of operations described in 

paragraph (5) and modifications described in paragraph (6). 

(8) A determination of whether the Marine Corps should 

take possession of the Mark VI patrol boats effective on or 

before September 30, 2022. 

(9) Such other matters the Secretary determines appropriate. 

SEC. 1019. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF GUIDED MISSILE CRUISERS. 

None of the funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2022 for the Department 

of Defense may be obligated or expended to retire, prepare to 

retire, inactivate, or place in storage more than 5 guided missile 

cruisers. 

SEC. 1020. REVIEW OF SUSTAINMENT KEY PERFORMANCE PARAMETERS FOR SHIPBUILDING PROGRAMS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Chairman of the Joint Chiefs of 

Staff shall initiate a review of the Joint Capabilities Integration 

and Development System policy related to the setting of 

sustainment key performance parameters and key system attributes 

for shipbuilding programs to ensure such parameters and attributes 

account for a comprehensive range of factors that could affect the 

operational availability and materiel availability of a ship. Such 

review shall include the extent to which— 

(1) the term ‘‘operational availability’’ should be redefined 

by mission area and to include equipment failures that affect 

the ability of a ship to perform primary missions; and 

(2) the term ‘‘materiel availability’’ should be redefined 

to take into account factors that could result in a ship being 

unavailable for operations, including unplanned maintenance, 

unplanned losses, and training. 

(b) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Chairman of the Joint Chiefs 

of Staff shall submit to congressional defense committees a report 

on the findings and recommendations of the review required under 

paragraph (a). 

Deadline. 

Determination. 

Effective date. 

Assessment. 

Review. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1899 

SEC. 1021. ASSESSMENT OF SECURITY OF GLOBAL MARITIME 

CHOKEPOINTS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the security 

of global maritime chokepoints from the threat of hostile kinetic 

attacks, cyber disruptions, and other form of sabotage. The report 

shall include an assessment of each of the following with respect 

to each global maritime chokepoint covered by the report: 

(1) The expected length of time and resources required 

for operations to resume at the chokepoint in the event of 

attack, sabotage, or other disruption of regular maritime operations. 

(2) The security of any secondary chokepoint that could 

be affected by a disruption at the global maritime chokepoint. 

(3) Options to mitigate any vulnerabilities resulting from 

a hostile kinetic attack, cyber disruption, or other form of 

sabotage at the chokepoint. 

(b) FORM OF REPORT.—The report required by subsection (a) 

shall be submitted in unclassified form, but may contain a classified 

annex. 

(c) GLOBAL MARITIME CHOKEPOINT.—In this section, the term 

‘‘global maritime chokepoint’’ means any of the following: 

(1) The Panama Canal. 

(2) The Suez Canal. 

(3) The Strait of Malacca. 

(4) The Strait of Hormuz. 

(5) The Bab el-Mandeb Strait. 

(6) Any other chokepoint determined appropriate by the 

Secretary. 

SEC. 1022. REPORT ON ACQUISITION, DELIVERY, AND USE OF MOBILITY 

ASSETS THAT ENABLE IMPLEMENTATION OF EXPEDITIONARY ADVANCED BASE OPERATIONS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of the Navy shall 

submit to the congressional defense committees a report that 

includes a detailed description of each of the following: 

(1) The doctrine, organization, training, materiel, leadership and education, personnel, and facilities required to operate 

and maintain a force of 24 to 35 Light Amphibious Warships, 

including— 

(A) the estimated timeline for procuring and delivering 

such warships; 

(B) the estimated cost to procure, man, train, operate, 

maintain, and modernize such warships for each of the 

10 years following the year in which the report is submitted, together with the notional Department of Defense 

appropriations account associated with each such cost; and 

(C) the feasibility of accelerating the current Light 

Amphibius Warship procurement plan and delivery 

schedule. 

(2) The specific number, type, and mix of manned and 

unmanned platforms required to support distributed maritime 

operations and expeditionary advanced base operations. 

(3) The feasibility of Marine Littoral Regiments using other 

joint and interagency mobility platforms prior to, in addition 

Cost estimate. 

Time period. 

Timeline. 

Reports. 


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135 STAT. 1900 PUBLIC LAW 117–81—DEC. 27, 2021 

to, or in lieu of the operational availability of Light Amphibious 

Warships, including— 

(A) Army LCU-2000, Runnymede-class and General 

Frank S. Besson-class logistics support vessels; 

(B) Navy LCU-1610 or LCU-1700, Landing Craft Air 

Cushioned, and Ship-to-Shore Connector vessels; 

(C) commercial vessel options that— 

(i) are available as of the date of the enactment 

of this Act; and 

(ii) meet Marine Littoral Regiment requirements 

for movement, maneuver, sustainment, training, interoperability, and cargo capacity and delivery; 

(D) maritime prepositioning force vessels; and 

(E) Coast Guard vessels. 

(4) The specific number, type, and mix of long range 

unmanned surface vessel platforms required to support distributed maritime operations, expeditionary advanced base operations, along with their operational interaction with the 

warfighting capabilities of the fleet, including— 

(A) the estimated timeline for procuring and delivering 

such platforms; and 

(B) the estimated cost to procure, man, train, operate, 

maintain, and modernize such platforms for each of the 

10 years following the year in which the report is submitted, together with the notional Department of Defense 

appropriations account associated with each such cost. 

(5) The feasibility of integrating Marine Littoral Regiments 

with— 

(A) special operations activities; 

(B) joint and interagency planning; 

(C) information warfare operations; and 

(D) command, control, communications, computer, 

intelligence, surveillance and reconnaissance, and security 

cooperation activities. 

(6) The projected cost and timeline for deploying Marine 

Littoral Regiments, including— 

(A) the extent to which such regiments will deploy 

with the capabilities listed in paragraphs (1) through (5) 

during each of the 10 years following the year in which 

the report is submitted; and 

(B) options to accelerate such deployments or increase 

the capabilities of such regiments if additional resources 

are available, together with a description of such resources. 

(b) FORM OF REPORT.—The report required by subsection (a) 

shall be submitted in a publicly accessible, unclassified form, but 

may contain a classified annex. 

Subtitle D—Counterterrorism 

SEC. 1031. INCLUSION IN COUNTERTERRORISM BRIEFINGS OF 

INFORMATION ON USE OF MILITARY FORCE IN COLLECTIVE SELF-DEFENSE. 

Section 485(a) of title 10, United States Code, is amended 

by inserting after ‘‘activities’’ the following: ‘‘, including the use 

of military force under the notion of collective self-defense of foreign 

partners’’. 

Public 

information. 

Time period. 

Cost estimate. 

Time period. 

Timeline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1901 

SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR 

TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT 

UNITED STATES NAVAL STATION, GUANTANAMO BAY, 

CUBA, TO CERTAIN COUNTRIES. 

Section 1035 of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 

Stat. 1954), as most recently amended by section 1043 of the William M. (Mac) Thornberry National Defense Authorization Act for 

Fiscal Year 2021 (Public Law 116–283), is further amended by 

striking ‘‘December 31, 2021’’ and inserting ‘‘December 31,2022’’. 

SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR 

TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT 

UNITED STATES NAVAL STATION, GUANTANAMO BAY, 

CUBA, TO THE UNITED STATES. 

Section 1033 of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 

Stat. 1953), as most recently amended by section 1041 of the William M. (Mac) Thornberry National Defense Authorization Act for 

Fiscal Year 2021 (Public Law 116–283), is further amended by 

striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2022’’. 

SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES IN THE UNITED STATES 

TO HOUSE DETAINEES TRANSFERRED FROM UNITED 

STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 

Section 1034(a) of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 

Stat. 1954), as most recently amended by section 1042 of the William M. (Mac) Thornberry National Defense Authorization Act for 

Fiscal Year 2021 (Public Law 116–283), is further amended by 

striking ‘‘December 31, 2021’’ and inserting ‘‘December 31, 2022’’. 

SEC. 1035. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE 

OR RELINQUISH CONTROL OF UNITED STATES NAVAL 

STATION, GUANTANAMO BAY, CUBA. 

Section 1036 of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1551), as most 

recently amended by section 1044 of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal Year 

2021 (Public Law 116–283), is further amended by striking ‘‘fiscal 

years 2018 through 2021’’ and inserting ‘‘any of fiscal years 2018 

through 2022’’. 

SEC. 1036. REPORT ON MEDICAL CARE PROVIDED TO DETAINEES AT 

UNITED STATES NAVAL STATION, GUANTANAMO BAY, 

CUBA. 

(a) REPORT.—Not later than 120 days after the date of the 

enactment of this Act, the Chief Medical Officer of United States 

Naval Station, Guantanamo Bay (in this section referred to as 

the ‘‘Chief Medical Officer’’), shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives 

a report on the provision of medical care to individuals detained 

at Guantanamo. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

134 Stat. 3847. 

134 Stat. 3847. 

134 Stat. 3846. 

134 Stat. 3847. 


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135 STAT. 1902 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) An assessment of the quality of medical care provided 

to individuals detained at Guantanamo, including whether such 

care meets applicable standards of care. 

(2) A description of the medical facilities and resources 

at United States Naval Station, Guantanamo Bay, Cuba, available to individuals detained at Guantanamo. 

(3) A description of the medical facilities and resources 

not at United States Naval Station, Guantanamo Bay, that 

would be made available to individuals detained at Guantanamo as necessary to meet applicable standards of care. 

(4) A description of the range of medical conditions experienced by individuals detained at Guantanamo as of the date 

on which the report is submitted. 

(5) A description of the range of medical conditions likely 

to be experienced by individuals detained at Guantanamo, given 

the medical conditions of such individuals as of the date on 

which the report is submitted and the likely effects of aging. 

(6) An assessment of any gaps between— 

(A) the medical facilities and resources described in 

paragraphs (2) and (3); and 

(B) the medical facilities and resources required to 

provide medical care necessary to meet applicable standards of care for the medical conditions described in paragraphs (4) and (5). 

(7) The plan of the Chief Medical Officer to address the 

gaps described in paragraph (6), including the estimated costs 

associated with addressing such gaps. 

(8) An assessment of whether the Chief Medical Officer 

has secured from the Department of Defense access to individuals, information, or other assistance that the Chief Medical 

Officer considers necessary to enable the Chief Medical Officer 

to carry out the Chief Medical Officer’s duties, including full 

and expeditious access to the following: 

(A) Any individual detained at Guantanamo. 

(B) Any medical records of any individual detained 

at Guantanamo. 

(C) Medical professionals of the Department who are 

working, or have worked, at United States Naval Station, 

Guantanamo Bay. 

(c) FORM OF REPORT.—The report required by subsection (a) 

shall be submitted in classified form. 

(d) DEFINITIONS.—In this section, the terms ‘‘individual 

detained at Guantanamo’’, ‘‘medical care’’, and ‘‘standard of care’’ 

have the meanings given those terms in section 1046(e) of the 

National Defense Authorization Act for Fiscal Year 2020 (Public 

Law 116–92; 133 Stat. 1586; 10 U.S.C. 801 note). 

Subtitle E—Miscellaneous Authorities and 

Limitations 

SEC. 1041. CONGRESSIONAL OVERSIGHT OF ALTERNATIVE COMPENSATORY CONTROL MEASURES. 

(a) LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMISSION OF REPORT.—Of the funds authorized to be appropriated by 

this Act or otherwise made available for fiscal year 2022 for the 

Department of Defense for the Office of the Under Secretary of 

Classified 

information. 

Assessment. 

Plan. 

Cost estimates. 

Assessment. 

Assessment. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1903 

Defense for Policy, not more than 75 percent may be obligated 

or expended until the date on which the Secretary of Defense 

submits to the congressional defense committees the report required 

under section 119a(a) for 2021. 

(b) CONGRESSIONAL OVERSIGHT.—Section 119a of title 10, 

United States Code, is amended by adding at the end the following 

new subsection: 

‘‘(g) CONGRESSIONAL OVERSIGHT.—(1) Neither the Secretary of 

Defense nor the Director of National Intelligence may take any 

action that would have the effect of limiting the access of the 

congressional defense committees to— 

‘‘(A) any classified program, or any information about any 

classified program, to which such committees have access as 

of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022; or 

‘‘(B) any classified program established, or any information 

about any classified program that becomes available, after the 

date of the enactment of such Act that is within the jurisdiction 

of such committees. 

‘‘(2) In this subsection, the term ‘classified program’ includes 

any special access program, alternative compensatory control 

measure, or any other controlled access program.’’. 

SEC. 1042. MODIFICATION OF NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY OPERATIONS. 

Section 130f(d) of title 10, United States Code, is amended— 

(1) by striking ‘‘(1) Except as provided in paragraph (2), 

in’’ and inserting ‘‘In’’; 

(2) by striking paragraph (2); 

(3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; 

(4) in paragraph (1), as so redesignated, by striking ‘‘; 

or’’ and inserting a semicolon; 

(5) in paragraph (2), as so redesignated, by striking the 

period at the end and inserting ‘‘; or’’; and 

(6) by adding at the end the following new paragraph: 

‘‘(3) an operation conducted by the armed forces to free 

an individual from the control of hostile foreign forces.’’. 

SEC. 1043. AUTHORITY TO PROVIDE SPACE AND SERVICES TO MILITARY WELFARE SOCIETIES. 

Section 2566 of title 10, United States Code is amended— 

(1) in subsection (a), by striking ‘‘of a military department’’ 

and inserting ‘‘concerned’’; and 

(2) in subsection (b)(1), by adding at the end the following 

new subparagraph: 

‘‘(D) The Coast Guard Mutual Assistance.’’. 

SEC. 1044. CONGRESSIONAL NOTIFICATION OF SIGNIFICANT ARMY 

FORCE STRUCTURE CHANGES. 

(a) NOTIFICATION REQUIREMENT.— 

(1) IN GENERAL.—Chapter 711 of title 10, United States 

Code, is amended by inserting after section 7101 the following 

new section: 


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135 STAT. 1904 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘§ 7102. Congressional notification of significant Army force 

structure changes 

‘‘(a) NOTIFICATION REQUIRED.—Except as provided in subsection 

(c), the Secretary of the Army shall submit to the congressional 

defense committees written notification of any decision to make 

a significant change to Army force structure prior to implementing 

or announcing such change. 

‘‘(b) CONTENTS.—A notification required under subsection (a) 

shall include each of the following: 

‘‘(1) The justification for the planned change. 

‘‘(2) A description of the details of the planned change 

and timing for implementation. 

‘‘(3) A description of the operational implications of the 

planned change. 

‘‘(4) The estimated costs of such change. 

‘‘(c) EXCEPTION.—The notification requirement under subsection 

(a) shall not apply if the Secretary of Defense certifies to the 

congressional defense committees in advance that the planned Army 

force structure change must be implemented immediately for reasons of military urgency. 

‘‘(d) DEFINITION OF SIGNIFICANT CHANGE TO ARMY FORCE

STRUCTURE.—In this section, the term ‘significant change to Army 

force structure’ means— 

‘‘(1) a change in the number, type, or component of brigadelevel organizations or higher-echelon headquarters; 

‘‘(2) a change in the number or component of theaterlevel capabilities, such as a multi-domain task force, Terminal 

High Altitude Area Defense, long range fires unit, or headquarters; or 

‘‘(3) a permanent or temporary activation or inactivation 

of an experimental unit or brigade-size or higher task force.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 7101 the following new item: 

‘‘7102. Congressional notification of significant Army force structure changes.’’. 

(b) BRIEFING ON ARMY STRUCTURE MEMORANDUM.—Prior to 

issuing the Army Structure Memorandum derived from the Total 

Army Analysis, the Secretary of the Army shall provide to the 

congressional defense committees a briefing on the memorandum. 

The briefing shall include a description of each of the following: 

(1) The guidance and direction provided to the Army by 

the Secretary of Defense in the Defense Planning Guidance 

or other directives. 

(2) Any scenarios and assumptions used to conduct the 

analysis. 

(3) Any significant force design updates incorporated in 

the analysis. 

(4) Any significant Army force structure changes directed 

in the Army Structure Memorandum. 

(5) Any substantive changes of assessed risk associated 

with changes directed in the memorandum. 

SEC. 1045. PROHIBITION ON USE OF NAVY, MARINE CORPS, AND SPACE 

FORCE AS POSSE COMITATUS. 

(a) IN GENERAL.—Section 1385 of title 18, United States Code, 

is amended— 

10 USC 7101 

prec. 

Certification. 

Cost estimates. 

10 USC 7102. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1905 

(1) by striking ‘‘or’’ after ‘‘Army’’ and inserting ‘‘, the Navy, 

the Marine Corps,’’; 

(2) by inserting ‘‘, or the Space Force’’ after ‘‘Air Force’’; 

and 

(3) in the section heading, by striking ‘‘Army and Air 

Force’’ and inserting ‘‘Army, Navy, Marine Corps, Air 

Force, and Space Force’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 67 of such title is amended by striking the item 

relating to section 1385 and inserting the following new item: 

‘‘1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus’’. 

SEC. 1046. COMPARATIVE TESTING REPORTS FOR CERTAIN AIRCRAFT. 

(a) MODIFICATION OF LIMITATION.—Section 134(b) of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2037) is amended by striking ‘‘the report 

under subsection (e)(2)’’ and inserting ‘‘a report that includes the 

information described in subsection (e)(2)(C)’’. 

(b) COMPARATIVE TESTING REPORTS REQUIRED.— 

(1) REPORT FROM DIRECTOR OF OPERATIONAL TEST AND

EVALUATION.—Not later than 53 days after the date of the 

enactment of this Act, the Director of Operational Test and 

Evaluation shall submit to the congressional defense committees a report that includes the information described in section 

134(e)(1)(B) of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328; 130 Stat. 2038). 

(2) REPORT FROM SECRETARY OF THE AIR FORCE.—Not later 

than 53 days after the date of the submission of the report 

under paragraph (1), the Secretary of the Air Force shall submit 

to the congressional defense committees a report that includes 

the information described in section 134(e)(2)(C) of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 

114–328; 130 Stat. 2038). 

SEC. 1047. SPECIAL OPERATIONS FORCES JOINT OPERATING CONCEPT 

FOR COMPETITION AND CONFLICT. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Assistant Secretary of Defense for 

Special Operations and Low-Intensity Conflict and the Commander 

of the United States Special Operations Command shall jointly 

submit to the congressional defense committees a Special Operations Forces joint operating concept for competition and conflict. 

(b) ELEMENTS.—The joint operating concept required by subsection (a) shall include the following: 

(1) A detailed description of the manner in which special 

operations forces will be expected to operate in the future 

across the spectrum of operations, including operations below 

the threshold of traditional armed conflict, crisis, and armed 

conflict. 

(2) An explanation of the roles and responsibilities of the 

national mission force and the theater special operations forces, 

including how such forces will be integrated with each other 

and with general purpose forces. 

(3) An articulation of the required capabilities of the special 

operations forces. 

Deadline. 

18 USC 1381 

prec. 


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135 STAT. 1906 PUBLIC LAW 117–81—DEC. 27, 2021 

(4) An explanation of the manner in which the joint operating concept relates to and fits within the joint warfighting 

concept produced by the Joint Chiefs of Staff. 

(5) An explanation of the manner in which the joint operating concept relates to and integrates into the operating concepts of the Armed Forces. 

(6) Any other matter the Assistant Secretary and the Commander consider relevant. 

SEC. 1048. LIMITATION ON AVAILABILITY OF CERTAIN FUNDING FOR 

OPERATION AND MAINTENANCE. 

Of the amounts authorized to be appropriated by this Act 

for fiscal year 2022 for operation and maintenance, Defense-wide, 

and available for the Office of the Secretary of Defense, not more 

than 75 percent may be obligated or expended until the date that 

is 15 days after the date on which the Secretary submits to the 

congressional defense committees the following: 

(1) The first quarterly report identifying and summarizing 

all execute orders approved by the Secretary of Defense or 

the commander of a combatant command in effect for the 

Department of Defense as required by section 1744(c) of the 

National Defense Authorization Act for Fiscal Year 2020 (Public 

Law 116–92; 10 U.S.C. 113 note). 

(2) The report on the policy of the Department of Defense 

relating to civilian casualties resulting from United States military operations required by section 936(d) of the John S. McCain 

National Defense Authorization Act for Fiscal Year 2019 (Public 

Law 115–232; 10 U.S.C. 134 note). 

SEC. 1049. LIMITATION ON USE OF CERTAIN FUNDS PENDING SUBMISSION OF REPORT, STRATEGY, AND POSTURE REVIEW 

RELATING TO INFORMATION ENVIRONMENT. 

Of the amounts authorized to be appropriated for fiscal year 

2022 by section 301 for operation and maintenance and available 

for the Office of the Secretary of Defense for the travel of persons 

as specified in the table in section 4301, not more than 75 percent 

shall be available until the date on which all of the following 

are submitted to the Committee on Armed Services of the Senate 

and the Committee on Armed Services House of Representatives: 

(1) The report required by subsection (h)(1) of section 1631 

of the National Defense Authorization Act for Fiscal Year 2020 

(Public Law 116–92). 

(2) The strategy and posture review required by subsection 

(g) of such section. 

SEC. 1050. BRIEFING BY COMPTROLLER GENERAL AND LIMITATION 

ON USE OF FUNDS PENDING COMPLIANCE WITH 

REQUIREMENT FOR INDEPENDENT STUDIES REGARDING 

POTENTIAL COST SAVINGS. 

(a) BRIEFING REQUIREMENT.—Not later than March 31, 2022, 

the Comptroller General of the United States shall provide to the 

congressional defense committees a briefing on the status of the 

ongoing efforts of the Comptroller General with respect to the 

effectiveness of each of the following: 

(1) Department of Defense programming and planning for 

the nuclear enterprise. 

(2) Department of Defense processes for identifying the 

relevance of legacy military systems. 

Deadline. 

Time period. 

Reports. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1907 

(3) Defense weapon system acquisition and contracting. 

(b) LIMITATION ON AVAILABILITY OF FUNDS.—Of the funds 

authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of Defense 

for travel expenses, not more than 90 percent may be obligated 

or expended before the date on which the Secretary of Defense 

has entered into agreements for the conduct of the independent 

reviews required under section 1753 of the National Defense 

Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 

Stat. 1852). 

SEC. 1051. SURVEY ON RELATIONS BETWEEN MEMBERS OF THE ARMED 

FORCES AND MILITARY COMMUNITIES. 

(a) SURVEY.— (1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense, acting 

through the Under Secretary of Defense for Personnel and 

Readiness, shall conduct a survey of covered individuals 

regarding relations between covered individuals and covered 

communities. 

(2) CONTENTS OF SURVEY.—The survey shall be designed 

to solicit information from covered individuals regarding each 

of the following: 

(A) The rank, age, racial, ethnic, and gender demographics of the covered individuals. 

(B) Relationships between covered individuals and the 

covered community, including support services and acceptance of the military community. 

(C) The availability of housing, health care, mental 

health services, and education for covered individuals, 

employment opportunities for military spouses, and other 

relevant issues. 

(D) Initiatives of local government and community 

organizations with respect to covered individuals and covered communities. 

(E) The physical safety of covered individuals while 

in a covered community but outside the military installation located in such covered community. 

(F) Any other matters designated by the Secretary 

of Defense. 

(3) LOCATIONS.—For purposes of conducting the survey 

under this subsection, the Secretary of Defense shall select 

ten geographically diverse military installations where the 

survey will be conducted. 

(b) ADDITIONAL ACTIVITIES.—In the course of conducting surveys under this section, the Secretary may carry out any of the 

following activities with respect to covered individuals and covered 

communities: 

(1) Facilitating local listening sessions and information 

exchanges. 

(2) Developing educational campaigns. 

(3) Supplementing existing local and national defense 

community programs. 

(4) Sharing best practices and activities. 

(c) COORDINATION.—To support activities under this section, 

the Secretary of Defense may coordinate with local governments 

and not-for-profit organizations that represent covered individuals. 

Deadline. 


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135 STAT. 1908 PUBLIC LAW 117–81—DEC. 27, 2021 

(d) BRIEFING.—Not later than September 30, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing 

on the survey conducted under subsection (a). Such briefing shall 

include— 

(1) with respect to each covered community— 

(A) the results of the survey; and 

(B) the activities conducted to address racial inequity 

in the community; 

(2) the aggregate results of the survey; and 

(3) best practices for creating positive relationships between 

covered individuals and covered communities. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘covered community’’ means a military 

installation and any geographic area within 10 miles of such 

military installation. 

(2) The term ‘‘covered individual’’ means any of the following individuals who live in a covered community or work 

on a military installation in a covered community: 

(A) A member of the Armed Forces. 

(B) A family member of an individual described in 

subparagraph (A). 

(3) The term ‘‘military installation’’ has the meaning given 

such term in section 2801 of title 10, United States Code. 

SEC. 1052. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH 

CERTAIN STATUTORY REPORTING REQUIREMENTS. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

or otherwise made available for fiscal year 2022 for the Office 

of the Secretary of Defense for travel expenses, not more than 

90 percent may be obligated or expended before the date on which 

all of the following reports are submitted to Congress and the 

unclassified portions thereof made publicly available: 

(1) The report required under section 589F(c) of the William 

M. (Mac) Thornberry National Defense Authorization Act for 

Fiscal Year 2021 (Public Law 116–283). 

(2) The reports required under section 1299H(d) of the 

William M. (Mac) Thornberry National Defense Authorization 

Act for Fiscal Year 2021 (Public Law 116–283). 

(3) The report required under section 888(b) of the National 

Defense Authorization Act for Fiscal Year 2020 (Public Law 

116–92). 

(4) The report required under section 1752(b) of the 

National Defense Authorization Act for Fiscal Year 2020 (Public 

Law 116–92). 

(b) BRIEFING REQUIREMENT.—Not later than 30 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

provide to the Committees on Armed Services of the Senate and 

House of Representatives a briefing on obstacles to compliance 

with congressional mandated reporting requirements. 

SEC. 1053. NAVY COORDINATION WITH COAST GUARD AND SPACE 

FORCE ON AIRCRAFT, WEAPONS, TACTICS, TECHNIQUE, 

ORGANIZATION, AND EQUIPMENT OF JOINT CONCERN. 

Section 8062(d) of title 10, United States Code, is amended 

by inserting ‘‘the Coast Guard, the Space Force,’’ after ‘‘the Air 

Force,’’. 

Deadline. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1909 

Subtitle F—Studies and Reports 

SEC. 1061. INCLUSION OF SUPPORT SERVICES FOR GOLD STAR FAMILIES IN QUADRENNIAL QUALITY OF LIFE REVIEW. 

(a) TECHNICAL AMENDMENT.— 

(1) IN GENERAL.—The second section 118a of title 10, United 

States Code (relating to the quadrennial quality of life review) 

is redesignated as section 118b. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 2 of such title is amended by striking 

the item relating to the second section 118a and inserting 

the following new item: 

‘‘118b. Quadrennial quality of life review.’’. 

(b) INCLUSION IN REVIEW.—Subsection (c) of section 118b of 

title 10, United States Code, as redesignated under subsection 

(a), is amended by adding at the end the following new paragraph: 

‘‘(15) Support services for Gold Star families.’’. 

SEC. 1062. PUBLIC AVAILABILITY OF SEMI-ANNUAL SUMMARIES OF 

REPORTS. 

(a) IN GENERAL.—Section 122a of title 10, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(c) SEMI-ANNUAL SUMMARIES.—Not later than January 1 and 

July 1 of each year, the Secretary of Defense shall make publicly 

available on an appropriate internet website a summary of all 

reports submitted to Congress by the Department of Defense for 

the preceding six-month period that are required to be submitted 

by statute. Each such summary shall include, for each report covered by the summary, the title of report, the date of delivery, 

and the section of law under which such report is required.’’. 

(b) APPLICABILITY.—Subsection (c) of section 122a of title 10, 

United States Code, as added by subsection (a), shall apply beginning on the date that is one year after the date of the enactment 

of this Act. 

SEC. 1063. EXTENSION OF REPORTING REQUIREMENT REGARDING 

ENHANCEMENT OF INFORMATION SHARING AND 

COORDINATION OF MILITARY TRAINING BETWEEN 

DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF DEFENSE. 

Section 1014(d)(3) of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328) is amended by striking 

‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’. 

SEC. 1064. CONTINUATION OF CERTAIN DEPARTMENT OF DEFENSE 

REPORTING REQUIREMENTS. 

Section 1061 of the National Defense Authorization Act for 

Fiscal Year 2017 (10 U.S.C. 111 note) is amended— 

(1) in subsection (b)(2), by adding at the end the following 

new subparagraphs: 

‘‘(E) The submission of the report required under section 14 of the Strategic and Critical Materials Stock Piling 

Act (50 U.S.C. 98h–5). 

‘‘(F) The submission of the report required under section 2504 of title 10, United States Code.’’; 

(2) in subsection (c), by striking paragraph (47); and 

10 USC 122a 

note. 

Web posting. 

10 USC 111 prec. 


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135 STAT. 1910 PUBLIC LAW 117–81—DEC. 27, 2021 

(3) in subsection (i), by striking paragraph (30). 

SEC. 1065. UPDATED REVIEW AND ENHANCEMENT OF EXISTING 

AUTHORITIES FOR USING AIR FORCE AND AIR NATIONAL 

GUARD MODULAR AIRBORNE FIRE-FIGHTING SYSTEMS 

AND OTHER DEPARTMENT OF DEFENSE ASSETS TO FIGHT 

WILDFIRES. 

Section 1058 of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136; 31 U.S.C. 1535 note) is 

amended by adding at the end the following new subsection: 

‘‘(g) UPDATED REVIEW AND ENHANCEMENT OF AUTHORITIES.— (1) Not later than 120 days after the date of the enactment of 

the National Defense Authorization Act for Fiscal Year 2022, the 

Director shall— 

‘‘(A) conduct a second review under subsection (a) and 

make a second determination under subsection (b); and 

‘‘(B) submit to Congress a report that includes— 

‘‘(i) the results of the second review and second determination required by subparagraph (A); and 

‘‘(ii) a description, based on such second determination, 

of any new modifications proposed to be made to existing 

authorities under subsection (c) or (d), including whether 

there is a need for legislative changes to further improve 

the procedures for using Department of Defense assets 

to fight wildfires. 

‘‘(2) Pursuant to the second determination under subsection 

(b) required by paragraph (1)(A), the Director shall develop and 

implement such modifications, regulations, policies, and interagency 

procedures as the Director determines appropriate pursuant to subsections (c) and (d). Any such modification, regulation, policy, or 

interagency procedure shall not take effect until the end of the 

30-day period beginning on the date on which the report is submitted to Congress under paragraph (1)(B).’’. 

SEC. 1066. GEOGRAPHIC COMBATANT COMMAND RISK ASSESSMENT 

OF AIR FORCE AIRBORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE MODERNIZATION PLAN. 

(a) IN GENERAL.—Not later than March 31, 2022, each commander of a geographic combatant command shall submit to the 

congressional defense committees a report containing an assessment 

of the level of operational risk to that command posed by the 

plan of the Air Force to modernize and restructure airborne intelligence, surveillance, and reconnaissance capabilities to meet near- 

, mid-, and far-term contingency and steady-state operational 

requirements against adversaries in support of the objectives of 

the current national defense strategy. 

(b) PLAN ASSESSED.—The plan of the Air Force referred to 

in subsection (a) is the plan required under section 142 of the 

William M. (Mac) Thornberry National Defense Authorization Act 

for Fiscal Year 2021 (Public Law 116–283). 

(c) ASSESSMENT OF RISK.—In assessing levels of operational 

risk for purposes of subsection (a), a commander shall use the 

military risk matrix of the Chairman of the Joint Chiefs of Staff, 

as described in CJCS Instruction 3401.01E. 

(d) GEOGRAPHIC COMBATANT COMMAND.—In this section, the 

term ‘‘geographic combatant command’’ means each of the following: 

(1) United States European Command. 

(2) United States Indo-Pacific Command. 

Reports. 

Effective date. 

Time period. 

Procedures. 

Determination. 

Reports. 

Determination. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1911 

(3) United States Africa Command. 

(4) United States Southern Command. 

(5) United States Northern Command. 

(6) United States Central Command. 

SEC. 1067. BIENNIAL ASSESSMENTS OF AIR FORCE TEST CENTER. 

Not later than December 1 of each of 2022, 2024, and 2026, 

the Secretary of the Air Force shall submit to the congressional 

defense committees an assessment of the Air Force Test Center. 

Each such assessment shall include, for the period covered by 

the assessment, a description of— 

(1) any challenges of the Air Force Test Center with respect 

to completing its mission; and 

(2) the plan of the Secretary to address such challenges. 

SEC. 1068. REPORT ON 2019 WORLD MILITARY GAMES. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives a report on the participation of the United States 

in the 2019 World Military Games. Such report shall include a 

detailed description of each of the following: 

(1) The number of United States athletes and staff who 

attended the 2019 World Military Games and became ill with 

COVID–19-like symptoms during or shortly after their return 

to the United States. 

(2) The results of any blood testing conducted on athletes 

and staff returning from the 2019 World Military Games, 

including whether those blood samples were subsequently 

tested for COVID–19. 

(3) The number of home station Department of Defense 

facilities of the athletes and staff who participated in the 2019 

World Military Games that experienced outbreaks of illnesses 

consistent with COVID–19 symptoms upon the return of members of the Armed Forces from Wuhan, China. 

(4) The number of Department of Defense facilities visited 

by team members after returning from Wuhan, China, that 

experienced COVID–19 outbreaks during the first quarter of 

2020, including in relation to the share of other Department 

of Defense facilities that experienced COVID–19 outbreaks 

through March 31, 2020. 

(5) Whether the Department tested members of the Armed 

Forces who traveled to Wuhan, China, for the World Military 

Games for COVID–19 antibodies, and if so, what portion, if 

any, of those results were positive, and when such testing 

was conducted. 

(6) Whether there are, or have been, any investigations, 

including under the auspices of an Inspector General, across 

the Department of Defense or the military departments into 

possible connections between United States athletes who traveled to Wuhan, China, and the outbreak of COVID–19. 

(7) Whether the Department has engaged with the militaries of allied or partner countries about illnesses surrounding 

the 2019 World Military Games, and if so, how many participating militaries have indicated to the Department that their 

athletes or staff may have contracted COVID–19-like symptoms 

during or immediately after the Games. 

Time period. 

Deadlines. 

Time periods. 


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135 STAT. 1912 PUBLIC LAW 117–81—DEC. 27, 2021 

(b) FORM OF REPORT.—Except to the extent prohibited by law, 

the report required under this section shall be submitted in 

unclassified form and made publicly available on an internet website 

in a searchable format, but may contain a classified annex. 

SEC. 1069. REPORTS ON OVERSIGHT OF AFGHANISTAN. 

(a) REPORTS.—Not later than 60 days after the date of the 

enactment of this Act, and annually thereafter until December 

31, 2026, the Secretary of Defense, in coordination with the Director 

of National Intelligence and consistent with the protection of intelligence sources and methods, shall submit to the appropriate 

congressional committees a report on Afghanistan. Each such report 

shall address, with respect to Afghanistan, the following matters: 

(1) An up-to-date assessment of the over-the-horizon 

capabilities of the United States. 

(2) A description of the concept of force with respect to 

the over-the-horizon force of the United States. 

(3) The size of such over-the-horizon force. 

(4) The location of such over-the-horizon force, including 

the locations of the forces as of the date of the submission 

of the report and any plans to adjust such locations. 

(5) The chain of command for such over-the-horizon force. 

(6) The launch criteria for such over-the-horizon force. 

(7) Any plans to expand or adjust such over-the-horizon 

force capabilities in the future, to account for evolving terrorist 

threats in Afghanistan. 

(8) An assessment of the terrorist threat in Afghanistan. 

(9) An assessment of the quantity and types of United 

States military equipment remaining in Afghanistan, including 

an indication of whether the Secretary plans to leave, recover, 

or destroy such equipment. 

(10) Contingency plans for the retrieval or hostage rescue 

of United States citizens located in Afghanistan. 

(11) Contingency plans related to the continued evacuation 

of Afghans who hold special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 

1101 note) or who have filed a petition for such status, following 

the withdrawal of the United States Armed Forces from 

Afghanistan. 

(12) A concept of logistics support to support the overthe-horizon force of the United States, including all basing 

and transportation plans. 

(13) An assessment of changes in the ability of al-Qaeda 

and ISIS-K to conduct operations within Taliban-held 

Afganistan or outside of Afghanistan against the United States 

and allies of the United States. 

(14) An assessment of the threat posed by prisoners 

released by the Taliban from the Pul-e-Charkhi prison and 

Parwan detention facility, Afghanistan, in August 2021, 

including, for each such prisoner— 

(A) the country of origin of the prisoner; 

(B) any affiliation of the prisoner with a foreign terrorist organization; and 

(C) in the case of any such prisoner determined to 

pose a risk for external operations outside of Afghanistan, 

the assessed location of the prisoner. 

Assessment. 

Assessment. 

Plans. 

Plans. 

Assessment. 

Assessment. 

Plans. 

Criteria. 

Assessment. 

Coordination. 

Termination 

date. 

Public 

information. 

Web posting. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1913 

(15) The status of any military cooperation between the 

Taliban and China, Russia, or Iran. 

(16) Any other matters the Secretary determines appropriate. 

(b) FORM.—Each report required under this section may be 

submitted in either unclassified or classified form, as determined 

appropriate by the Secretary. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Permanent 

Select Committee on Intelligence of the House of Representatives; and 

(2) the Committee on Armed Services and the Select Committee on Intelligence of the Senate. 

SEC. 1070. STUDY AND REPORT ON DEPARTMENT OF DEFENSE EXCESS 

PERSONAL PROPERTY PROGRAM. 

(a) STUDY.—The Director of the Defense Logistics Agency shall 

conduct a study on the excess personal property program of the 

Department of Defense under section 2576a of title 10, United 

States Code, and the administration of such program by the Law 

Enforcement Support Office. Such study shall include— 

(1) an analysis of the degree to which personal property 

transferred under such program has been distributed equitably 

between larger, well-resourced municipalities and units of 

government and smaller, less well-resourced municipalities and 

units of government; and 

(2) an identification of potential reforms to such program 

to ensure that such property is transferred in a manner that 

provides adequate opportunity for participation by smaller, less 

well-resourced municipalities and units of government. 

(b) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Director shall submit to the congressional 

defense committees a report on the results of a study required 

under subsection (a). 

SEC. 1071. OPTIMIZATION OF IRREGULAR WARFARE TECHNICAL SUPPORT DIRECTORATE. 

(a) PLAN REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Assistant Secretary of Defense 

for Special Operations and Low Intensity Conflict shall submit 

to the congressional defense committees a plan for improving the 

support provided by the Irregular Warfare Technical Support Directorate to meet military requirements. Such plan shall include the 

following: 

(1) Specific actions to— 

(A) ensure adequate focus on rapid fielding of required 

capabilities; 

(B) improve metrics and methods for tracking projects 

that have transitioned into programs of record; and 

(C) minimize overlap with other research, development, 

and acquisition efforts. 

(2) Such other matters as the Assistant Secretary of 

Defense for Special Operations and Low Intensity Conflict considers relevant. 

(b) DEPARTMENT OF DEFENSE INSTRUCTION REQUIRED.—Not 

later than 270 days after the date of the enactment of this Act, 

Deadline. 

Publication. 

Deadline. 

10 USC 139b 

note. 

Analysis. 


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135 STAT. 1914 PUBLIC LAW 117–81—DEC. 27, 2021 

the Assistant Secretary of Defense for Special Operations and Low 

Intensity Conflict, in coordination with the Under Secretary of 

Defense for Research and Engineering, the Under Secretary of 

Defense for Acquisition and Sustainment, and the Secretaries of 

the military departments, shall publish an updated Department 

of Defense Instruction in order to— 

(1) define the objectives, organization, mission, customer 

base, and role of the Irregular Warfare Technical Support Directorate; 

(2) ensure coordination with external program managers 

assigned to the military departments and the United States 

Special Operations Command; 

(3) facilitate adequate oversight by the Assistant Secretary 

of Defense for Special Operations and Low Intensity Conflict, 

the Under Secretary of Defense for Research and Engineering, 

and the Under Secretary of Defense for Acquisition and 

Sustainment; and 

(4) address such other matters as the Assistant Secretary 

of Defense for Special Operations and Low Intensity Conflict 

considers relevant. 

SEC. 1072. ASSESSMENT OF REQUIREMENTS FOR AND MANAGEMENT 

OF ARMY THREE-DIMENSIONAL GEOSPATIAL DATA. 

(a) JOINT ASSESSMENTS AND DETERMINATIONS.—The Vice Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense 

for Intelligence and Security, and the Secretary of the Army, in 

consultation with other appropriate officials of the Department 

of Defense, shall jointly carry out each of the following: 

(1) An assessment of the requirements of the joint force 

with respect to three-dimensional geospatial data in order to 

achieve Combined Joint All-Domain Command and Control, 

including the use of such data for each of the following: 

(A) Training. 

(B) Planning. 

(C) Modeling and simulation. 

(D) Mission rehearsal. 

(E) Operations. 

(F) Intelligence, including geolocation support to intelligence collection systems. 

(G) Dynamic and precision targeting. 

(H) After action reviews. 

(2) A determination of whether three-dimensional 

geospatial data derived from Government sources, commercial 

sources, or both (referred to as ‘‘derivative three-dimensional 

geospatial data’’) meets the accuracy, resolution, community 

sensor model compliance, and currency required for precision 

targeting. 

(3) A determination of the optimum management, joint 

funding structure, and resources required for the collection, 

tasking, acquisition, production, storage, and consumption of 

three-dimensional geospatial data, including a consideration 

of— 

(A) designating the Army as the Executive Agent for 

warfighter collection, production, and consumption of threedimensional geospatial content at the point-of-need; 

(B) designating the National Geospatial Intelligence 

Agency, in its role as the Geospatial Intelligence Functional 

Determination. 

Determination. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1915 

Manager, as the Executive Agent for quality assessment, 

testing, evaluation, validation, and enterprise storage and 

retrieval of derivative three-dimensional geospatial data; 

(C) existing governance structures across the Department of Defense and the National Geospatial Intelligence 

Agency for the procurement and production of three-dimensional geospatial data and the development of tools and 

plans, from either commercial or Government sources; and 

(D) identifying potential commercial and Government 

capabilities that could be established as a three-dimensional geospatial intelligence program of record. 

(b) ARMY MANAGEMENT CONSIDERATIONS.—If the Vice Chairman, the Under Secretary, and the Secretary of the Army determine 

that the Army should serve as the Executive Agent for Department 

of Defense three-dimensional geospatial data, the Secretary shall 

determine the respective roles within the Army. 

(c) ADDITIONAL ARMY DETERMINATIONS.—The Secretary of the 

Army shall determine whether operational use of the Integrated 

Visual Augmentation System and Army intelligence and mission 

command systems require three-dimensional geospatial data for 

assigned operational missions, including targeting. 

(d) BRIEFING REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Vice Chairman, the Under 

Secretary, and the Secretary of the Army shall complete the assessments and determinations required by this section and provide 

to the congressional defense committees a briefing on such assessments and determinations. 

SEC. 1073. REQUIRED REVIEW OF DEPARTMENT OF DEFENSE 

UNMANNED AIRCRAFT SYSTEMS CATEGORIZATION. 

(a) IN GENERAL.—The Under Secretary of Defense for Acquisition and Sustainment shall initiate a process— 

(1) to review the system used by the Department of Defense 

for categorizing unmanned aircraft systems, as described in 

Joint Publication 3–30 titled ‘‘Joint Air Operations’’; and 

(2) to determine whether modifications should be made 

in the Department of Defense grouping of unmanned aerial 

systems into five broad categories, as in effect on the date 

of the enactment of this Act. 

(b) REQUIRED ELEMENTS FOR REVISION.—If the Under Secretary 

determines under subsection (a) that the characteristics associated 

with any of the five categories of unmanned aircraft systems should 

be revised, the Under Secretary shall consider the effect a revision 

would have on— 

(1) the future capability and employment needs to support 

current and emerging warfighting concepts; 

(2) advanced systems and technologies available in the 

current commercial marketplace; 

(3) the rapid fielding of unmanned aircraft systems technology; and 

(4) the integration of unmanned aircraft systems into the 

National Airspace System. 

(c) CONSULTATION REQUIREMENTS.—In carrying out the review 

required under subsection (a), the Under Secretary shall consult 

with— 

(1) the Secretary of each of the military departments; 

(2) the Chairman of the Joint Chiefs of Staff; 

Determination. 

Deadline. 

Determination. 


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135 STAT. 1916 PUBLIC LAW 117–81—DEC. 27, 2021 

(3) the Secretary of State; and 

(4) the Administrator of the Federal Aviation Administration. 

(d) REPORT REQUIRED.—Not later than October 1, 2022, the 

Under Secretary shall submit to the congressional defense committees, the Committee on Transportation and Infrastructure and the 

Committee on Foreign Affairs of the House of Representatives, 

and the Committee on Commerce, Science, and Transportation and 

the Committee on Foreign Relations of the Senate a report that 

includes a description of— 

(1) the results of the review initiated under subsection 

(a); 

(2) any revisions planned to the system used by the Department of Defense for categorizing unmanned aircraft systems 

as a result of such review; 

(3) the costs and benefits of any planned revisions; and 

(4) a proposed implementation plan and timelines for such 

revisions. 

SEC. 1074. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE 

MANAGEMENT ALLOCATION PLAN. 

(a) IN GENERAL.—Not later than October 31, 2022, and annually 

thereafter through 2024, the Secretary of Defense shall provide 

to the Committees on Armed Services of the Senate and House 

of Representatives a classified report and a classified briefing on 

the Global Force Management Allocation Plan and its implementation. 

(b) REPORT.—Each report required by subsection (a) shall 

include a summary describing the Global Force Management Allocation Plan being implemented as of October 1 of the year in which 

the report is provided. 

(c) BRIEFING.—Each briefing required by subsection (a) shall 

include the following: 

(1) A summary of the major modifications to global force 

allocation made during the preceding fiscal year that deviated 

from the Global Force Management Allocation Plan for that 

fiscal year as a result of a shift in strategic priorities, requests 

for forces, or other contingencies, and an explanation for such 

modifications. 

(2) A description of the major differences between the 

Global Force Management Allocation Plan for the current fiscal 

year and the Global Force Management Allocation Plan for 

the preceding fiscal year. 

(3) A description of any difference between the actual global 

allocation of forces, as of October 1 of the year in which the 

briefing is provided, and the forces stipulated in the Global 

Force Management Allocation Plan being implemented on that 

date. 

SEC. 1075. REPORT ON WORLD WAR I AND KOREAN WAR ERA SUPERFUND FACILITIES. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report on active Superfund facilities where a hazardous substance originated from Department of Defense activities 

occurring between the beginning of World War I and the end 

of the Korean War. Such report shall include a description of 

such Superfund facilities as well as any actions, planned actions, 

Summary. 

Time period. 

Classified 

information. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1917 

communication with communities, and cooperation with relevant 

agencies, including the Environmental Protection Agency, carried 

out or planned to be carried out by the Department of Defense. 

(b) SUPERFUND FACILITY.—In this section, the term ‘‘Superfund 

facility’’ means a facility included on the National Priorities List 

pursuant to section 105 of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605). 

SEC. 1076. REPORT ON IMPLEMENTATION OF IRREGULAR WARFARE 

STRATEGY. 

(a) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, and annually thereafter through fiscal year 

2027, the Secretary of Defense shall submit to the congressional 

defense committees a report on the activities and programs of 

the Department of Defense to implement the irregular warfare 

strategy consistent with the 2019 Irregular Warfare Annex to the 

National Defense Strategy, as amended by any subsequent national 

defense strategy. 

(b) ELEMENTS OF REPORT.—Each report required by subsection 

(a) shall include the following elements for the year covered by 

the report: 

(1) A description and assessment of efforts to institutionalize the approach of the Department of Defense to irregular 

warfare and maintain a baseline of capabilities and expertise 

in irregular warfare in both conventional and special operations 

forces, including efforts to— 

(A) institutionalize irregular warfare in force development and design; 

(B) transform the approach of the Department of 

Defense to prioritize investments in, and development of, 

human capital for irregular warfare; 

(C) ensure an approach to irregular warfare that is 

agile, efficient, and effective by investing and developing 

capabilities in a cost-informed and resource-sustainable 

manner; and 

(D) integrate irregular warfare approaches into operational plans and warfighting concepts for competition, 

crisis, and conflict. 

(2) A description and assessment of efforts to operationalize 

the approach of the Department of Defense to irregular warfare 

to meet the full range of challenges posed by adversaries and 

competitors, including efforts to— 

(A) execute proactive, enduring campaigns using irregular warfare capabilities to control the tempo of competition, shape the environment, and increase the cost of hostilities against the United States and its allies; 

(B) adopt a resource-sustainable approach to countering violent extremist organizations and consolidating 

gains against the enduring threat from these organizations; 

(C) improve the ability of the Department of Defense 

to understand and operate within the networked, contested, 

and multi-domain environment in which adversaries and 

competitors operate; 

(D) foster and sustain unified action in irregular warfare including through collaboration and support of interagency partners in the formulation of assessments, plans, 

and the conduct of operations; and 

Assessment. 

Time period. 

Definition. 


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135 STAT. 1918 PUBLIC LAW 117–81—DEC. 27, 2021 

(E) expand networks of allies and partners, including 

for the purpose of increasing the ability and willingness 

of allies and partners to defend their sovereignty, contribute to coalition operations, and advance common security initiatives. 

(3) A description of— 

(A) the status of the plan required to be produced 

by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the Chairman of 

the Joint Chiefs of Staff, in coordination with the combatant 

commands and the Secretaries of the military departments, 

to implement the objectives described in the 2019 Irregular 

Warfare Annex to the National Defense Strategy; and 

(B) the efforts by the relevant components of the 

Department of Defense to expeditiously implement such 

plan, including the allocation of resources to implement 

the plan. 

(4) An assessment by the Secretary of Defense of the 

resources, plans, and authorities required to establish and sustain irregular warfare as a fully-integrated core competency 

for the Joint Forces. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 1077. STUDY ON PROVIDING END-TO-END ELECTRONIC VOTING 

SERVICES FOR ABSENT UNIFORMED SERVICES VOTERS 

IN LOCATIONS WITH LIMITED OR IMMATURE POSTAL 

SERVICE. 

(a) STUDY.—In consultation with the Chief Information Officer 

of the Department of Defense, the Presidential designee under 

the Uniformed and Overseas Citizens Absentee Voting Act (52 

U.S.C. 20301 et seq.) shall conduct a study on providing endto-end electronic voting services (including services for registering 

to vote, requesting an electronic ballot, completing the ballot, and 

returning the ballot) in participating States for absent uniformed 

services voters under such Act who are deployed or mobilized to 

locations with limited or immature postal service (as determined 

by the Presidential designee). 

(b) SPECIFICATIONS.—In conducting the study under subsection 

(a), the Presidential designee shall include— 

(1) methods that would ensure voters have the opportunity 

to verify that their ballots are received and tabulated correctly 

by the appropriate State and local election officials; 

(2) methods that would generate a verifiable and auditable 

vote trail for the purposes of any recount or audit conducted 

with respect to an election; 

(3) a plan of action and milestones on steps that would 

need to be achieved prior to implementing end-to-end electronic 

voting services for absentee uniformed services voters; 

(4) an assessment of whether commercially available technologies may be used to carry out any of the elements of 

the plan; and 

(5) an assessment of the resources needed to implement 

the plan of action and milestones referred to in paragraph 

(3). 

(c) CONSULTATION WITH STATE AND LOCAL ELECTION OFFI- CIALS.—The Presidential designee shall conduct the study under 

Assessment. 

Assessment. 

Plan. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1919 

subsection (a) in consultation with appropriate State and local 

election officials. 

(d) USE OF CONTRACTORS.—To the extent the Presidential designee determines to be appropriate, the Presidential designee may 

include in the study conducted under subsection (a) an analysis 

of the potential use of contractors to provide voting services and 

how such contractors could be used to carry out the elements 

of the plan referred to in subsection (b)(3). 

(e) BRIEFING; REPORT.— (1) BRIEFING.—Not later than 180 days after the date of 

the enactment of this Act, the Presidential designee shall provide to the Committees on Armed Services of the Senate and 

House of Representatives a briefing on the interim results 

of the study conducted under subsection (a). 

(2) REPORT.—Not later than one year after the date of 

the enactment of this Act, the Presidential designee shall 

submit to the Committees on Armed Services of the Senate 

and House of Representatives a report on the results of the 

study conducted under subsection (a). 

SEC. 1078. REPORT ON AIR FORCE STRATEGY FOR ACQUISITION OF 

COMBAT RESCUE AIRCRAFT AND EQUIPMENT. 

Not later than June 1, 2022, the Secretary of the Air Force 

shall submit to the congressional defense committees a report containing— 

(1) a strategy for the acquisition of combat rescue aircraft 

and equipment that aligns with the stated capability and 

capacity requirements of the Air Force; and 

(2) an analysis of how such strategy meets the requirements 

of the national defense strategy required under section 113(g) 

of title 10, United States Code. 

Subtitle G—Other Matters 

SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS. 

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) The table of chapters at the beginning of part I of 

subtitle A is amended by striking the item relating to the 

second chapter 19 (relating to cyber matters). 

(2) The table of sections at the beginning of chapter 2 

is amended by striking the item relating to section 118 and 

inserting the following new item: 

‘‘118. Materiel readiness metrics and objectives for major weapon systems.’’. 

(3) The second section 118a, as added by section 341 of 

the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is redesignated as section 118b, and the table of sections at the beginning 

of chapter 2 of such title is conformed accordingly. 

(4) Section 138(b)(2)(A)(i) is amended by striking the semicolon. 

(5) Section 196(d) is amended by striking ‘‘,,’’ and inserting 

‘‘,’’. 

(6) Section 231a(e)(2) is amended by striking ‘‘include the 

following,’’ and inserting ‘‘include’’. 

10 USC 111 prec. 

10 USC 111 prec. 

10 USC 101 prec. 

Analysis. 

Deadline. 

Determination. 

Analysis. 


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135 STAT. 1920 PUBLIC LAW 117–81—DEC. 27, 2021 

(7) Section 240b(b)(1)(B)(xiii) is amended by striking ‘‘An’’ 

and inserting ‘‘A’’. 

(8) Section 240g(a)(3) is amended by striking ‘‘; and’’ and 

inserting ‘‘;’’. 

(9) Section 393(b)(2)(D) is amended by inserting a period 

at the end. 

(10) Section 483(f)(3) is amended by inserting ‘‘this’’ before 

‘‘title’’. 

(11) Section 651(a) is amended by inserting a comma after 

‘‘3806(d)(1))’’. 

(12) The table of sections at the beginning of chapter 39 

is amended by adding a period at the end of the item relating 

to section 691. 

(13) Section 823(a)(2) (article 23(a)(2) of the Uniform Code 

of Military Justice) is amended by inserting a comma after 

‘‘Army’’. 

(14) Section 856(b) (article 56(b) of the Uniform Code of 

Military Justice) is amended by striking ‘‘subsection (d) of section 853a’’ and inserting ‘‘subsection (c) of section 853a’’. 

(15) Section 1044e(g) is amended by striking ‘‘number of 

Special Victims’ Counsel’’ and inserting ‘‘number of Special 

Victims’ Counsels’’. 

(16) The table of sections at the beginning of chapter 54 

is amended by striking the item relating to section 1065 and 

inserting the following new item: 

‘‘1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for 

veterans, and Foreign Service officers.’’. 

(17) Section 1463(a)(4) is amended by striking ‘‘that that’’ 

and inserting ‘‘that’’. 

(18) Section 1465(b)(2) is amended by striking ‘‘the the’’ 

and inserting ‘‘the’’. 

(19) Section 1466(a) is amended, in the matter preceding 

paragraph (1), by striking ‘‘Coast guard’’ and inserting ‘‘Coast 

Guard’’. 

(20) Section 1554a(g)(2) is amended by striking ‘‘..’’ and 

inserting ‘‘.’’. 

(21) Section 1599h is amended— 

(A) in subsection (a), by redesignating the second paragraph (7) and paragraph (8) as paragraphs (8) and (9), 

respectively; and 

(B) in subsection (b)(1), by redesignating the second 

subparagraph (G) and subparagraph (H) as subparagraphs 

(H) and (I), respectively. 

(22) Section 1705(a) is amended by striking ‘‘a fund’’ and 

inserting ‘‘an account’’. 

(23) Section 1722a(a) is amended by striking ‘‘,,’’ and 

inserting ‘‘,’’. 

(24) Section 1788a(e) is amended— 

(A) in paragraph (3), by striking ‘‘section 167(i)’’ and 

inserting ‘‘section 167(j)’’; 

(B) in paragraph (4), by striking ‘‘covered personnel’’ 

and inserting ‘‘covered individuals’’; and 

(C) in paragraph (5), in the matter preceding subparagraph (A), by striking ‘‘ ‘covered personnel’ ’’ and inserting 

‘‘ ‘covered individuals’ ’’. 

10 USC 1061 

prec. 

10 USC 671 prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1921 

(25) The table of chapters at the beginning of part III 

of subtitle A is amended, in the item relating to chapter 113, 

by striking the period after ‘‘2200g’’. 

(26) Section 2107(a) is amended by striking ‘‘or Space 

Force’’. 

(27) Section 2279b(b) is amended by redesignating the 

second paragraph (11) as paragraph (12). 

(28) Section 2321(f) is amended by striking ‘‘the item’’ 

both places it appears and inserting ‘‘the commercial product’’. 

(29) The second section 2350m (relating to execution of 

projects under the North Atlantic Treaty Organization Security 

Investment Program), as added by section 2503 of the William 

M. (Mac) Thornberry National Defense Authorization Act for 

Fiscal Year 2021 (Public Law 116–283), is redesignated as 

section 2350q and the table of sections at the beginning of 

subchapter II of chapter 138 is conformed accordingly. 

(30) Section 2534(a) is amended— 

(A) in paragraph (3), by striking ‘‘subsection (j)’’ and 

inserting ‘‘subsection (k)’’; and 

(B) in paragraph (5), by striking ‘‘principle’’ and 

inserting ‘‘principal’’. 

(31) Section 2891a(e)(1) is amended by striking ‘‘the any’’ 

and inserting ‘‘the’’. 

(32) The table of sections at the beginning of chapter 871 

is amended— 

(A) by striking the item relating to section 8749 and 

inserting the following new item: 

‘‘8749. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard.’’; and 

(B) by striking the item relating to section 8749a and 

inserting the following new item: 

‘‘8749a. Civil service mariners of Military Sealift Command: alcohol testing.’’. 

(33) The second section 9084, as added by section 1601 

of the William M. (Mac) Thornberry National Defense 

Authorization Act for Fiscal Year 2021 (Public Law 116–283), 

is transferred to appear after section 9085 and redesignated 

as section 9086, and the table of sections at the beginning 

of chapter 908 of such title is conformed accordingly. 

(34) The second section 9132 (relating to Regular Air Force 

and Regular Space Force: reenlistment after service as an 

officer) is redesignated as section 9138 (and the table of sections 

at the beginning of chapter 913 is conformed accordingly). 

(35) The section heading for section 9401 is amended to 

read as follows (and the table of sections at the beginning 

of chapter 951 is conformed accordingly): 

‘‘§ 9401. Members of Air Force and Space Force: detail as 

students, observers, and investigators at educational institutions, industrial plants, and hospitals’’. 

(36) The section heading for section 9402 is amended to 

read as follows (and the table of sections at the beginning 

of chapter 951 is conformed accordingly): 

10 USC 9401 

prec. 

10 USC 8131 

prec. 

10 USC 9401 

prec. 

10 USC 9081 

prec. 

10 USC 8742 

prec. 

10 USC 2350a 

prec. 

10 USC 2001 

prec. 


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135 STAT. 1922 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘§ 9402. Enlisted members of Air Force or Space Force: 

schools’’. 

(37) Section 9840 is amended in the second sentence by 

striking ‘‘He’’ and inserting ‘‘The officer’’. 

(b) NDAA FOR FISCAL YEAR 2021.—Effective as of January 

1, 2021, and as if included therein as enacted, section 1 of the 

William M. (Mac) Thornberry National Defense Authorization Act 

for Fiscal Year 2021 (Public Law 116–283) is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘This Act’’; 

and 

(2) by adding at the end the following: 

‘‘(b) REFERENCES.—Any reference in this or any other Act to 

the ‘National Defense Authorization Act for Fiscal Year 2021’ shall 

be deemed to be a reference to the ‘William M. (Mac) Thornberry 

National Defense Authorization Act for Fiscal Year 2021’.’’. 

(c) NDAA FOR FISCAL YEAR 2020.—Effective as of December 

20, 2019, and as if included therein as enacted, section 1739(a) 

of the National Defense Authorization Act for Fiscal Year 2020 

(Public Law 116–92) is amended by striking ‘‘VI’’ and inserting 

‘‘VII’’. 

(d) COORDINATION WITH OTHER AMENDMENTS MADE BY THIS

ACT.—For purposes of applying amendments made by provisions 

of this Act other than this section, the amendments made by this 

section shall be treated as having been enacted immediately before 

any such amendments by other provisions of this Act. 

SEC. 1082. MODIFICATION TO REGIONAL CENTERS FOR SECURITY 

STUDIES. 

(a) IN GENERAL.—Section 342(b)(2) of title 10, United States 

Code, is amended by adding at the end the following new subparagraph: 

‘‘(F) The Ted Stevens Center for Arctic Security Studies, 

established in 2021 and located in Anchorage, Alaska.’’. 

(b) ACCEPTANCE OF GIFTS AND DONATIONS.—Section 2611(a)(2) 

of title 10, United States Code, is amended by adding at the end 

the following new subparagraph: 

‘‘(F) The Ted Stevens Center for Arctic Security Studies.’’. 

SEC. 1083. IMPROVEMENT OF TRANSPARENCY AND CONGRESSIONAL 

OVERSIGHT OF CIVIL RESERVE AIR FLEET. 

(a) DEFINITIONS.— 

(1) SECRETARY.—Paragraph (10) of section 9511 of title 

10, United States Code, is amended to read as follows: 

‘‘(10) The term ‘Secretary’ means the Secretary of Defense.’’. 

(2) CONFORMING AMENDMENTS.—Chapter 961 of title 10, 

United States Code, as amended by paragraph (1), is further 

amended— 

(A) in section 9511a by striking ‘‘Secretary of Defense’’ 

each place it appears and inserting ‘‘Secretary’’; 

(B) in section 9512(e), by striking ‘‘Secretary of 

Defense’’ and inserting ‘‘Secretary’’; and 

(C) in section 9515, by striking ‘‘Secretary of Defense’’ 

each place it appears and inserting ‘‘Secretary’’. 

(b) ANNUAL REPORT ON CIVIL RESERVE AIR FLEET.—Section 

9516 of title 10, United States Code, is amended— 

(1) in subsection (d), by striking ‘‘When the Secretary’’ 

and inserting ‘‘Subject to subsection (e), when the Secretary’’; 

10 USC 101 note. 

50 USC 4027 and 

note. 

Effective date. 

10 USC 101 note. 

134 Stat. 3388. 

Effective date. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1923 

(2) by redesignating subsection (e) as subsection (f); and 

(3) by inserting after subsection (d) the following new subsection: 

‘‘(e) ANNUAL REPORT.—Not later than 60 days after the end 

of each fiscal year, the Secretary shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report that— 

‘‘(1) identifies each contract for airlift services awarded 

in the preceding fiscal year to a provider that does not meet 

the requirements set forth in subparagraphs (A) and (B) of 

subsection (a)(1); and 

‘‘(2) for each such contract— 

‘‘(A) specifies the dollar value of the award; and 

‘‘(B) provides a detailed explanation of the reasons 

for the award.’’. 

(c) TECHNICAL AMENDMENTS.— (1) IN GENERAL.—Chapter 961 of title 10, United States 

Code, as amended by subsections (a) and (b), is further 

amended— 

(A) by redesignating sections 9511a and 9512 as sections 9512 and 9513, respectively; 

(B) in section 9511, by striking ‘‘section 9512’’ each 

place it appears and inserting ‘‘section 9513’’; and 

(C) in section 9514, by redesignating subsection (g) 

as subsection (f). 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by striking the items 

relating to sections 9511a and 9512 and inserting the following 

new items: 

‘‘9512. Civil Reserve Air Fleet contracts: payment rate. 

‘‘9513. Contracts for the inclusion or incorporation of defense features.’’. 

(d) CHARTER AIR TRANSPORTATION OF MEMBERS OF THE ARMED

FORCES OR CARGO.— (1) IN GENERAL.—Section 2640 of title 10, United States 

Code, is amended— 

(A) in the section heading, by inserting ‘‘or cargo’’ 

after ‘‘armed forces’’; 

(B) in subsection (a)(1), by inserting ‘‘or cargo’’ after 

‘‘members of the armed forces’’; 

(C) in subsection (b), by inserting ‘‘or cargo’’ after 

‘‘members of the armed forces’’; 

(D) in subsection (d)(1), by inserting ‘‘or cargo’’ after 

‘‘members of the armed forces’’; 

(E) in subsection (e)— 

(i) by inserting ‘‘or cargo’’ after ‘‘members of the 

armed forces’’; and 

(ii) by inserting ‘‘or cargo’’ before the period at 

the end; 

(F) in subsection (f), by inserting ‘‘or cargo’’ after ‘‘members of the armed forces’’; and 

(G) in subsection (j)(1), by inserting ‘‘ ‘cargo’,’’ after 

‘‘ ‘air transportation’,’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 157 of title 10, United States Code, is 

amended by striking the item relating to section 2640 and 

inserting the following new item: 

‘‘2640. Charter air transportation of members of the armed forces or cargo.’’. 

10 USC 2631 

prec. 

10 USC 9511 

prec. 


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SEC. 1084. OBSERVANCE OF NATIONAL ATOMIC VETERANS DAY. 

(a) IN GENERAL.—Chapter 1 of title 36, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 146. National Atomic Veterans Day 

‘‘The President shall issue each year a proclamation calling 

on the people of the United States to— 

‘‘(1) observe Atomic Veterans Day with appropriate ceremonies and activities; and 

‘‘(2) remember and honor the atomic veterans of the United 

States whose brave service and sacrifice played an important 

role in the defense of the Nation.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘146. National Atomic Veterans Day.’’. 

SEC. 1085. UPDATE OF JOINT PUBLICATION 3-68: NONCOMBATANT 

EVACUATION OPERATIONS. 

Not later than July 1, 2022, the Chairman of the Joint Chiefs 

of Staff shall update Joint Publication 3-68: Noncombatant Evacuation Operations. 

SEC. 1086. NATIONAL MUSEUM OF THE SURFACE NAVY. 

(a) DESIGNATION.—The Battleship IOWA Museum, located in 

Los Angeles, California, and managed by the Pacific Battleship 

Center, shall be designated as the ‘‘National Museum of the Surface 

Navy’’. 

(b) PURPOSES.—The purposes of the National Museum of the 

Surface Navy shall be to— 

(1) provide and support— 

(A) a museum dedicated to the United States Surface 

Navy community; and 

(B) a platform for education, community, and veterans 

programs; 

(2) preserve, maintain, and interpret artifacts, documents, 

images, stories, and history collected by the museum; and 

(3) ensure that the people of the United States understand 

the importance of the Surface Navy in the continued freedom, 

safety, and security of the United States. 

SEC. 1087. AUTHORIZATION FOR MEMORIAL FOR MEMBERS OF THE 

ARMED FORCES KILLED IN ATTACK ON HAMID KARZAI 

INTERNATIONAL AIRPORT. 

The Secretary of Defense may establish a commemorative work 

on Federal land owned by the Department of Defense in the District 

of Columbia and its environs to commemorate the 13 members 

of the Armed Forces who died in the bombing attack on Hamid 

Karzai International Airport, Kabul, Afghanistan, on August 26, 

2021. 

SEC. 1088. TREATMENT OF OPERATIONAL DATA FROM AFGHANISTAN. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) an immense amount of operational data and intelligence 

has been developed over the past two decades of war in Afghanistan; and 

(2) this information is valuable and must be appropriately 

retained. 

10 USC 991 note. 

40 USC 8903 

note. 

California. 

Historic 

preservation. 

Deadline. 

36 USC 101 prec. 

President. 

36 USC 146. 


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(b) OPERATIONAL DATA.—The Secretary of Defense shall— 

(1) archive and standardize operational data from Afghanistan across the myriad of defense information systems; and 

(2) ensure the Afghanistan operational data is structured, 

searchable, and usable across the joint force. 

(c) BRIEFING.—Not later than March 4, 2022, the Under Secretary of Defense for Intelligence and Security shall provide to 

the Committee on Armed Services of the House of Representatives 

a briefing on how the Department of Defense has removed, retained, 

and assured long-term access to operational data from Afghanistan 

across each military department and command. Such briefing shall 

address the manner in which the Department of Defense— 

(1) is standardizing and archiving intelligence and operational data from Afghanistan across the myriad of defense 

information systems; and 

(2) ensuring access to such data across the joint force. 

SEC. 1089. RESPONSIBILITIES FOR NATIONAL MOBILIZATION; PERSONNEL REQUIREMENTS. 

(a) EXECUTIVE AGENT FOR NATIONAL MOBILIZATION.—The Secretary of Defense shall designate a senior civilian official within 

the Office of the Secretary of Defense as the Executive Agent 

for National Mobilization. The Executive Agent for National 

Mobilization shall be responsible for— 

(1) developing, managing, and coordinating policy and plans 

that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers 

to other persons inducted into the Armed Forces under the 

Military Selective Service Act (50 U.S.C. 3801 et seq.); 

(2) providing Congress and the Selective Service System 

with updated requirements and timelines for obtaining 

inductees in the event of a national emergency requiring mass 

mobilization and induction of personnel under the Military 

Selective Service Act for training and service in the Armed 

Forces; and 

(3) providing Congress with a plan, developed in coordination with the Selective Service System, to induct large numbers 

of volunteers who may respond to a national call for volunteers 

during an emergency. 

(b) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to Congress a plan for obtaining inductees as part of a mobilization 

timeline for the Selective Service System. The plan shall include 

a description of resources, locations, and capabilities of the Armed 

Forces required to train, equip, and integrate personnel inducted 

into the Armed Forces under the Military Selective Service Act 

into the total force, addressing scenarios that would include 300,000, 

600,000, and 1,000,000 new volunteer and other personnel inducted 

into the Armed Forces under the Military Selective Service Act. 

The plan may be provided in classified form. 

SEC. 1090. INDEPENDENT ASSESSMENT WITH RESPECT TO ARCTIC 

REGION. 

(a) INDEPENDENT ASSESSMENT.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Commander of the United 

States Northern Command, in consultation and coordination 

Deadline. 

Consultation. 

Coordination. 

Time period. 

10 USC 113 note. 

Deadline. 

Plan. 

Designation. 

10 USC 131 note. 

Deadline. 

Records. 


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135 STAT. 1926 PUBLIC LAW 117–81—DEC. 27, 2021 

with the Commander of the United States Indo-Pacific Command, the Commander of the United States European Command, the military services, and the defense agencies, shall 

complete an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, 

to achieve the following objectives: 

(A) The implementation of the National Defense 

Strategy and military service-specific strategies with 

respect to the Arctic region. 

(B) The maintenance or restoration of the comparative 

military advantage of the United States in response to 

great power competitors in the Arctic region. 

(C) The reduction of the risk of executing operation 

and contingency plans of the Department of Defense. 

(D) To maximize execution of Department operation 

and contingency plans, in the event deterrence fails. 

(2) ELEMENTS.—The assessment required by paragraph (1) 

shall include the following: 

(A) An analysis of, and recommended changes to 

achieve, the required force structure and posture of 

assigned and allocated forces within the Arctic region for 

fiscal year 2027 necessary to achieve the objectives 

described in paragraph (1), which shall be informed by— 

(i) a review of United States military requirements 

based on operation and contingency plans, capabilities 

of potential adversaries, assessed gaps or shortfalls 

of the Armed Forces within the Arctic region, and 

scenarios that consider— 

(I) potential contingencies that commence in 

the Arctic region and contingencies that commence 

in other regions but affect the Arctic region; 

(II) use of near-, mid-, and far-time horizons 

to encompass the range of circumstances required 

to test new concepts and doctrine; 

(III) supporting analyses that focus on the 

number of regionally postured military units and 

the quality of capability of such units; 

(ii) a review of current United States military force 

posture and deployment plans within the Arctic region, 

especially of Arctic-based forces that provide support 

to, or receive support from, the United States Northern 

Command, the United States Indo-Pacific Command, 

or the United States European Command; 

(iii) an analysis of potential future realignments 

of United States forces in the region, including options 

for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; 

and 

(iv) any other matter the Commander of the United 

States Northern Command considers appropriate. 

(B) A discussion of any factor that may influence the 

United States posture, supported by annual wargames and 

other forms of research and analysis. 

(C) An assessment of capabilities requirements to 

achieve such objectives. 

Analysis. 

Reviews. 


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(D) An assessment of logistics requirements, including 

personnel, equipment, supplies, storage, and maintenance 

needs to achieve such objectives. 

(E) An assessment and identification of required infrastructure and military construction investments to achieve 

such objectives. 

(3) REPORT.— (A) IN GENERAL.—Upon completion of the assessment 

required by paragraph (1), the Commander of the United 

States Northern Command shall submit to the Secretary 

of Defense a report on the assessment. 

(B) SUBMITTAL TO CONGRESS.—Not later than 30 days 

after the date on which the Secretary receives the report 

under subparagraph (A), the Secretary shall provide to 

the congressional defense committees— 

(i) a copy of the report, in its entirety; and 

(ii) any additional analysis or information, as the 

Secretary considers appropriate. 

(C) FORM.—The report required by subparagraph (A), 

and any additional analysis or information provided under 

subparagraph (B)(i)(II), may be submitted in classified 

form, but shall include an unclassified summary. 

(b) ARCTIC SECURITY INITIATIVE.— 

(1) PLAN.— 

(A) IN GENERAL.—Not later than 30 days after the 

date on which the Secretary receives the report under 

subsection (a)(3)(A), the Secretary shall provide to the 

congressional defense committees a briefing on the plan 

to carry out a program of activities to enhance security 

in the Arctic region. 

(B) OBJECTIVES.—The plan required by subparagraph 

(A) shall be— 

(i) consistent with the objectives described in paragraph (1) of subsection (a); and 

(ii) informed by the assessment required by that 

paragraph. 

(C) ACTIVITIES.—The plan shall include, as necessary, 

the following prioritized activities to improve the design 

and posture of the joint force in the Arctic region: 

(i) Modernize and strengthen the presence of the 

Armed Forces, including those with advanced capabilities. 

(ii) Improve logistics and maintenance capabilities 

and the pre-positioning of equipment, munitions, fuel, 

and materiel. 

(iii) Conduct exercises, wargames, education, 

training, experimentation, and innovation for the joint 

force. 

(iv) Improve infrastructure to enhance the responsiveness and resiliency of the Armed Forces. 

(2) ESTABLISHMENT.— (A) IN GENERAL.—Not earlier than 30 days after the 

submittal of the plan required by paragraph (1), the Secretary may establish a program of activities to enhance 

security in the Arctic region, to be known as the ‘‘Arctic 

Security Initiative’’ (in this paragraph referred to as the 

‘‘Initiative’’). 

Deadline. 

Deadline. 

Briefing. 

Analysis. 

Records. 

Deadline. 


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(B) FIVE-YEAR PLAN FOR THE INITIATIVE.— (i) IN GENERAL.—If the Initiative is established, 

the Secretary, in consultation with the Commander 

of the United States Northern Command, shall submit 

to the congressional defense committees a future years 

plan for the activities and resources of the Initiative 

that includes the following: 

(I) A description of the activities and resources 

for the first fiscal year beginning after the date 

on which the Initiative is established, and the 

plan for not fewer than the four subsequent fiscal 

years, organized by the activities described in paragraph (1)(C). 

(II) A summary of progress made toward 

achieving the objectives described in subsection 

(a)(1). 

(III) A summary of the activity, resource, capability, infrastructure, and logistics requirements 

necessary to achieve progress in reducing risk to 

the ability of the joint force to achieve objectives 

in the Arctic region, including, as appropriate, 

investments in— 

(aa) active and passive defenses against— 

(AA) manned aircraft, surface vessels, 

and submarines; 

(BB) unmanned naval systems; 

(CC) unmanned aerial systems; and 

(DD) theater cruise, ballistic, and 

hypersonic missiles; 

(bb) advanced long-range precision strike 

systems; 

(cc) command, control, communications, 

computers, intelligence, surveillance, and 

reconnaissance systems; 

(dd) training and test range capacity, 

capability, and coordination; 

(ee) dispersed resilient and adaptive 

basing to support distributed operations, 

including expeditionary airfields and ports, 

space launch facilities, and command posts; 

(ff) advanced critical munitions; 

(gg) pre-positioned forward stocks of fuel, 

munitions, equipment, and materiel; 

(hh) distributed logistics and maintenance 

capabilities; 

(ii) strategic mobility assets, including icebreakers; 

(jj) improved interoperability, logistics, 

transnational supply lines and infrastructure, 

and information sharing with allies and partners, including scientific missions; and 

(kk) information operations capabilities. 

(IV) A detailed timeline for achieving the 

requirements identified under subclause (III). 

(V) A detailed explanation of any significant 

modification to such requirements, as compared 

to— 

Timeline. 

Summary. 

Summary. 

Consultation. 


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(aa) the assessment required by subsection (a)(1) for the first fiscal year; and 

(bb) the plans previously submitted for 

each subsequent fiscal year. 

(VI) Any other matter the Secretary considers 

necessary. 

(ii) FORM.—A plan under clause (i) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 1091. NATIONAL SECURITY COMMISSION ON EMERGING BIOTECHNOLOGY. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—There is hereby established, as of the 

date specified in paragraph (2), an independent commission 

in the legislative branch to be known as the ‘‘National Security 

Commission on Emerging Biotechnology’’ (in this section 

referred to as the ‘‘Commission’’). 

(2) DATE OF ESTABLISHMENT.—The date of establishment 

referred to in paragraph (1) is 30 days after the date of the 

enactment of this Act. 

(b) MEMBERSHIP.— 

(1) NUMBER AND APPOINTMENT.—The Commission shall be 

composed of 12 members appointed as follows: 

(A) Two members appointed by the Chair of the Committee on Armed Services of the Senate, one of whom 

is a Member of the Senate and one of whom is not. 

(B) Two members appointed by the ranking minority 

member of the Committee on Armed Services of the Senate, 

one of whom is a Member of the Senate and one of whom 

is not. 

(C) Two members appointed by the Chair of the Committee on Armed Services of the House of Representatives, 

one of whom is a Member of the House of Representatives 

and one of whom is not. 

(D) Two members appointed by the ranking minority 

member of the Committee on Armed Services of the House 

of Representatives, one of whom is a Member of the House 

of Representatives and one of whom is not. 

(E) One member appointed by the Speaker of the House 

of Representatives. 

(F) One member appointed by the Minority Leader 

of the House of Representatives. 

(G) One member appointed by the Majority Leader 

of the Senate. 

(H) One member appointed by the Minority Leader 

of the Senate. 

(2) DEADLINE FOR APPOINTMENT.—Members shall be 

appointed to the Commission under paragraph (1) not later 

than 45 days after the Commission establishment date specified 

under subsection (a)(2). 

(3) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT

DATE.—If one or more appointments under paragraph (1) is 

not made by the appointment date specified in paragraph (2), 

the authority to make such appointment or appointments shall 

expire, and the number of members of the Commission shall 

Expiration date. 


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be reduced by the number equal to the number of appointments 

so not made. 

(4) QUALIFICATIONS.—The members of the Commission who 

are not members of Congress and who are appointed under 

subsection (b)(1) shall be individuals from private civilian life 

who are recognized experts and have relevant professional 

experience in matters relating to— 

(A) emerging biotechnology and associated technologies; 

(B) use of emerging biotechnology and associated technologies by national policy makers and military leaders; 

or 

(C) the implementation, funding, or oversight of the 

national security policies of the United States. 

(c) CHAIR AND VICE CHAIR.— 

(1) CHAIR.—The Chair of the Committee on Armed Services 

of the Senate and the Chair of the Committee on Armed Services of the House of Representatives shall jointly designate 

one member of the Commission to serve as Chair of the 

Commission. 

(2) VICE CHAIR.—The ranking minority member of the Committee on Armed Services of the Senate and the ranking 

minority member of the Committee on Armed Services of the 

House of Representatives shall jointly designate one member 

of the Commission to serve as Vice Chair of the Commission. 

(d) PERIOD OF APPOINTMENT AND VACANCIES.—Members shall 

be appointed for the life of the Commission. A vacancy in the 

Commission shall not affect its powers and shall be filled in the 

same manner as the original appointment was made. 

(e) PURPOSE.—The purpose of the Commission is to examine 

and make recommendations with respect to emerging biotechnology 

as it pertains to current and future missions and activities of 

the Department of Defense. 

(f) SCOPE AND DUTIES.— 

(1) IN GENERAL.—The Commission shall carry out a review 

of advances in emerging biotechnology and associated technologies. In carrying out such review, the Commission shall 

consider the methods, means, and investments necessary to 

advance and secure the development of biotechnology, biomanufacturing, and associated technologies by the United States 

to comprehensively address the national security and defense 

needs of the United States. 

(2) SCOPE OF THE REVIEW.—In conducting the review 

described in this subsection, the Commission shall consider 

the following: 

(A) The global competitiveness of the United States 

in biotechnology, biomanufacturing, and associated technologies, including matters related to national security, 

defense, public-private partnerships, and investments. 

(B) Means, methods, and investments for the United 

States to maintain and protect a technological advantage 

in biotechnology, biomanufacturing, and associated technologies related to national security and defense. 

(C) Developments and trends in international cooperation and competitiveness, including foreign investments in 


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biotechnology, biomanufacturing, and associated technologies that are scientifically and materially related to 

national security and defense. 

(D) Means by which to foster greater emphasis and 

investments in basic and advanced research to stimulate 

government, industry, academic and combined initiatives 

in biotechnology, biomanufacturing, and associated technologies, to the extent that such efforts have application 

scientifically and materially related to national security 

and defense. 

(E) Means by which to foster greater emphasis and 

investments in advanced development and test and evaluation of biotechnology-enabled capabilities to stimulate the 

growth of the United States bioeconomy and commercial 

industry, while also supporting and improving acquisition 

and adoption of biotechnologies for national security purposes. 

(F) Workforce and education incentives and programs 

to attract, recruit, and retain leading talent in fields relevant to the development and sustainment of biotechnology 

and biomanufacturing, including science, technology, 

engineering, data science and bioinformatics, and biology 

and related disciplines. 

(G) Risks and threats associated with advances in military employment of biotechnology and biomanufacturing. 

(H) Associated ethical, legal, social, and environmental 

considerations related to biotechnology, biomanufacturing, 

and associated technologies as it will be used for future 

applications related to national security and defense. 

(I) Means to establish international standards for the 

tools of biotechnology, biomanufacturing, related cybersecurity, and digital biosecurity. 

(J) Means to establish data sharing capabilities within 

and amongst government, industry, and academia to foster 

collaboration and accelerate innovation, while maintaining 

privacy and security for data as required for national security and personal protection purposes. 

(K) Consideration of the transformative potential and 

rapidly-changing developments of biotechnology and biomanufacturing innovation and appropriate mechanisms for 

managing such technology related to national security and 

defense. 

(L) Any other matters the Commission deems relevant 

to national security. 

(g) COMMISSION REPORT AND RECOMMENDATIONS.— 

(1) FINAL REPORT.—Not later than 2 years after the 

Commission establishment date specified in subsection (a)(2), 

the Commission shall submit to the congressional defense 

committees and the President a final report on the findings 

of the Commission and such recommendations that the Commission may have for action by Congress and the Federal Government. 

(2) INTERIM REPORT.—Not later than 1 year after the 

Commission establishment date specified in subsection (a)(2), 

the Commission shall submit to the congressional defense 

committees and the President an interim report on the status 


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of the Commission’s review and assessment, including a discussion of any interim recommendations. 

(3) FORM.—The report submitted to Congress under paragraph (1) shall be submitted in unclassified form, but may 

include a classified annex. 

(h) GOVERNMENT COOPERATION.— (1) COOPERATION.—In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense and other Federal departments and agencies 

in providing the Commission with analysis, briefings, and other 

information necessary for the fulfillment of its responsibilities. 

(2) LIAISON.—The Secretary of Defense shall designate at 

least one officer or employee of the Department of Defense 

to serve as a liaison officer between the Department and the 

Commission. 

(3) DETAILEES AUTHORIZED.—The Secretary of Defense and 

the heads of other departments and agencies of the Federal 

Government may provide, and the Commission may accept 

and employ, personnel detailed from the Department of Defense 

and such other departments and agencies, without reimbursement. 

(4) FACILITATION.— 

(A) INDEPENDENT, NONGOVERNMENT INSTITUTE.—Not 

later than 45 days after the Commission establishment 

date specified in subsection (a)(2), the Secretary of Defense 

may make available to the Commission the services of 

an independent, nongovernmental institute described in 

section 501(c)(3) of the Internal Revenue Code of 1986, 

and exempt from tax under section 501(a) of such Code, 

that has recognized credentials and expertise in national 

security and military affairs in order to facilitate the 

Commission’s discharge of its duties under this section. 

(B) FEDERALLY FUNDED RESEARCH AND DEVELOPMENT

CENTER.—On request of the Commission, the Secretary 

of Defense shall make available the services of a federally 

funded research and development center that is covered 

by a sponsoring agreement of the Department of Defense 

in order to enhance the Commission’s efforts to discharge 

its duties under this section. 

(5) EXPEDITION OF SECURITY CLEARANCES.—The Office of 

Senate Security and the Office of House Security shall ensure 

the expedited processing of appropriate security clearances 

under processes developed for the clearance of legislative branch 

employees for any personnel appointed to the Commission by 

their respective offices of the Senate and House of Representatives and any personnel appointed by the Executive Director 

appointed under subsection (i). 

(6) SERVICES.— 

(A) DOD SERVICES.—The Secretary of Defense may 

provide to the Commission, on a nonreimbursable basis, 

such administrative services, funds, staff, facilities, and 

other support services as are necessary for the performance 

of the Commission’s duties under this section. 

(B) OTHER AGENCIES.—In addition to any support provided under paragraph (1), the heads of other Federal 

departments and agencies may provide to the Commission 

such services, funds, facilities, staff, and other support 

Deadline. 

Designation. 


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as the heads of such departments and agencies determine 

advisable and as may be authorized by law. 

(i) STAFF.— 

(1) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the 

requirements of section 2105 of title 5, United States Code, 

including the required supervision under subsection (a)(3) of 

such section, any member of the Commission who is not a 

Member of Congress shall be considered to be a Federal 

employee. 

(2) EXECUTIVE DIRECTOR.—The Commission shall appoint 

and fix the rate of basic pay for an Executive Director in 

accordance with section 3161(d) of title 5, United States Code. 

(3) PAY.—The Executive Director, with the approval of 

the Commission, may appoint and fix the rate of basic pay 

for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. 

(j) PERSONAL SERVICES.— 

(1) AUTHORITY TO PROCURE.—The Commission may— 

(A) procure the services of experts or consultants (or 

of organizations of experts or consultants) in accordance 

with the provisions of section 3109 of title 5, United States 

Code; and 

(B) pay in connection with such services travel 

expenses of individuals, including transportation and per 

diem in lieu of subsistence, while such individuals are 

traveling from their homes or places of business to duty 

stations. 

(2) MAXIMUM DAILY PAY RATES.—The daily rate paid an 

expert or consultant procured pursuant to paragraph (1) may 

not exceed the daily rate paid a person occupying a position 

at level IV of the Executive Schedule under section 5315 of 

title 5, United States Code. 

(k) AUTHORITY TO ACCEPT GIFTS.—The Commission may accept, 

use, and dispose of gifts or donations of services, goods, and property 

from nonfederal entities for the purposes of aiding and facilitating 

the work of the Commission. The authority in this subsection does 

not extend to gifts of money. Gifts accepted under this authority 

shall be documented, and conflicts of interest or the appearance 

of conflicts of interest shall be avoided. Subject to the authority 

in this section, members of the Commission shall otherwise comply 

with rules set forth by the Select Committee on Ethics of the 

Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and House of Representatives. 

(l) LEGISLATIVE ADVISORY COMMITTEE.—The Commission shall 

operate as a legislative advisory committee. 

(m) CONTRACTING AUTHORITY.—The Commission may acquire 

administrative supplies and equipment for Commission use to the 

extent funds are available. 

(n) USE OF GOVERNMENT INFORMATION.—The Commission may 

secure directly from any department or agency of the Federal 

Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair 

of the Commission, the head of such department or agency shall 

furnish such information to the Commission. 

Compliance. 

Appointment. 


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(o) POSTAL SERVICES.—The Commission may use the United 

States mail in the same manner and under the same conditions 

as Federal departments and agencies. 

(p) SPACE FOR USE OF COMMISSION.—Not later than 30 days 

after the establishment date of the Commission, the Administrator 

of General Services, in consultation with the Commission, shall 

identify and make available suitable excess space within the Federal 

space inventory to house the operations of the Commission. If 

the Administrator is not able to make such suitable excess space 

available within such 30-day period, the Commission may lease 

space to the extent the funds are available. 

(q) REMOVAL OF MEMBERS.—A member may be removed from 

the Commission for cause by the individual serving in the position 

responsible for the original appointment of such member under 

subsection (b)(1), provided that notice has first been provided to 

such member of the cause for removal and voted and agreed upon 

by three quarters of the members serving. A vacancy created by 

the removal of a member under this subsection shall not affect 

the powers of the Commission, and shall be filled in the same 

manner as the original appointment was made. 

(r) TERMINATION.—The Commission shall terminate 18 months 

after the date on which it submits the final report required by 

subsection (g). 

SEC. 1092. QUARTERLY SECURITY BRIEFINGS ON AFGHANISTAN. 

(a) IN GENERAL.—Not later than January 15, 2022, and every 

90 days thereafter through December 31, 2025, the Under Secretary 

of Defense for Policy, in consultation with the Chairman of the 

Joint Chiefs of Staff and the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense 

committees an unclassified and classified briefing on the security 

situation in Afghanistan and ongoing Department of Defense efforts 

to counter terrorist groups in Afghanistan. 

(b) ELEMENTS.—Each briefing required by subsection (a) shall 

include an assessment of each of the following: 

(1) The security situation in Afghanistan. 

(2) The disposition of the Taliban, al-Qaeda, the Islamic 

State of Khorasan, and associated forces, including the respective sizes and geographic areas of control of each such group. 

(3) The international terrorism ambitions and capabilities 

of the Taliban, al-Qaeda, the Islamic State of Khorasan, and 

associated forces, and the extent to which each such group 

poses a threat to the United States and its allies. 

(4) The capability and willingness of the Taliban to counter 

the Islamic State of Khorasan. 

(5) The capability and willingness of the Taliban to counter 

al-Qaeda. 

(6) The extent to which the Taliban have targeted, and 

continue to target, Afghan nationals who assisted the United 

States and coalition forces during the United States military 

operations in Afghanistan between 2001 and 2021. 

(7) Basing, overflight, or other cooperative arrangements 

between the United States and regional partners as part of 

the over-the-horizon counterterrorism posture for Afghanistan. 

(8) The capability and effectiveness of the over-the-horizon 

counterterrorism posture of the United States for Afghanistan. 

Time period. 

Assessment. 

Deadline. 

Time period. 

Consultation. 

Classified 

information. 

Deadline. 

Consultation. 


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(9) The disposition of United States forces in the area 

of operations of United States Central Command, including 

the force posture and associated capabilities to conduct operations in Afghanistan. 

(10) The activities of regional actors as they relate to promoting stability and countering threats from terrorist groups 

in Afghanistan, including— 

(A) military operations conducted by foreign countries 

in the region as such operations relate to Afghanistan; 

(B) the capabilities of the militaries of foreign countries 

to execute operations in Afghanistan; and 

(C) the relationships between the militaries of foreign 

countries and the Taliban or foreign terrorist organizations 

inside Afghanistan. 

(11) Any other matter the Under Secretary considers appropriate. 

SEC. 1093. TRANSITION OF FUNDING FOR NON-CONVENTIONAL 

ASSISTED RECOVERY CAPABILITIES. 

(a) PLAN REQUIRED.— 

(1) IN GENERAL.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a plan to transition the funding of non-conventional assisted recovery capabilities from the authority provided under section 943 of the 

Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4578) to the authority 

provided under section 127f of title 10, United States Code. 

(2) ELEMENTS.—The plan required by paragraph (1) shall 

include the following: 

(A) An identification of the non-conventional assisted 

recovery capabilities to be transitioned to the authority 

provided by such section 127f. 

(B) An identification of any legislative changes to such 

section 127f necessary to accommodate the transition of 

capabilities currently funded under such section 943. 

(C) A description of the manner in which the Secretary 

plans to ensure appropriate transparency of activities for 

non-conventional assisted recovery capabilities, and related 

funding, in the annual report required under subsection 

(e) of such section 127f. 

(D) Any other matter the Secretary considers relevant. 

(b) MODIFICATION OF AUTHORITY FOR EXPENDITURE OF FUNDS

FOR CLANDESTINE ACTIVITIES THAT SUPPORT OPERATIONAL

PREPARATION OF THE ENVIRONMENT.—Section 127f of title 10, 

United States Code, is amended by adding at the end the following 

new subsection: 

‘‘(f) NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.— 

Funding used to establish, develop, and maintain non-conventional 

assisted recovery capabilities under this section may only be obligated and expended with the concurrence of the relevant Chief 

of Mission or Chiefs of Mission.’’. 

SEC. 1094. AFGHANISTAN WAR COMMISSION ACT OF 2021. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Afghanistan War Commission Act of 2021’’. 

(b) DEFINITIONS.—In this section: 

Afghanistan War 

Commission Act 

of 2021. 

Deadline. 


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135 STAT. 1936 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) The term ‘‘applicable period’’ means the period beginning June 1, 2001, and ending August 30, 2021. 

(2) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services of the Senate; 

(B) the Committee on Foreign Relations of the Senate; 

(C) the Select Committee on Intelligence of the Senate; 

(D) the Committee on Appropriations of the Senate; 

(E) the Committee on Armed Services of the House 

of Representatives; 

(F) the Committee on Foreign Affairs of the House 

of Representatives; 

(G) the Permanent Select Committee on Intelligence 

of the House of Representatives; and 

(H) the Committee on Appropriations of the House 

of Representatives. 

(3) The term ‘‘intelligence community’’ has the meaning 

given that term in section 3(4) of the National Security Act 

of 1947 (50 U.S.C. 3003(4)). 

(c) ESTABLISHMENT OF COMMISSION.— 

(1) ESTABLISHMENT.—There is established in the legislative 

branch an independent commission to be known as the Afghanistan War Commission (in this section referred to as the 

‘‘Commission’’). 

(2) MEMBERSHIP.— 

(A) COMPOSITION.—The Commission shall be composed 

of 16 members of whom— 

(i) 1 shall be appointed by the Chairman of the 

Committee on Armed Services of the Senate; 

(ii) 1 shall be appointed by the ranking member 

of the Committee on Armed Services of the Senate; 

(iii) 1 shall be appointed by the Chairman of the 

Committee on Armed Services of the House of Representatives; 

(iv) 1 shall be appointed by the ranking member 

of the Committee on Armed Services of the House 

of Representatives; 

(v) 1 shall be appointed by the Chairman of the 

Committee on Foreign Relations of the Senate; 

(vi) 1 shall be appointed by the ranking member 

of the Committee on Foreign Relations of the Senate; 

(vii) 1 shall be appointed by the Chairman of the 

Committee on Foreign Affairs of the House of Representatives; 

(viii) 1 shall be appointed by the ranking member 

of the Committee on Foreign Affairs of the House of 

Representatives; 

(ix) 1 shall be appointed by the Chairman of the 

Select Committee on Intelligence of the Senate; 

(x) 1 shall be appointed by the Vice Chairman 

of the Select Committee on Intelligence of the Senate. 

(xi) 1 shall be appointed by the Chairman of the 

Permanent Select Committee on Intelligence of the 

House of Representatives; 

(xii) 1 shall be appointed by the ranking member 

of the Permanent Select Committee on Intelligence 

of the House of Representatives; 

Appointments. 

Time period. 


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(xiii) 1 shall be appointed by the Majority leader 

of the Senate; 

(xiv) 1 shall be appointed by the Minority leader 

of the Senate; 

(xv) 1 shall be appointed by the Speaker of the 

House of Representatives; and 

(xvi) 1 shall be appointed by the Minority Leader 

of the House of Representatives. 

(B) QUALIFICATIONS.—It is the sense of Congress that 

each member of the Commission appointed under subparagraph (A) should— 

(i) have significant professional experience in 

national security, such as a position in— 

(I) the Department of Defense; 

(II) the Department of State; 

(III) the intelligence community; 

(IV) the United States Agency for International Development; or 

(V) an academic or scholarly institution; and 

(ii) be eligible to receive the appropriate security 

clearance to effectively execute their duties. 

(C) PROHIBITIONS.—A member of the Commission 

appointed under subparagraph (A) may not— 

(i) be a current member of Congress; 

(ii) be a former member of Congress who served 

in Congress after January 3, 2001; 

(iii) be a current or former registrant under the 

Foreign Agents Registration Act of 1938 (22 U.S.C. 

611 et seq.); 

(iv) have previously investigated Afghanistan 

policy or the war in Afghanistan through employment 

in the office of a relevant inspector general; 

(v) have been the sole owner or had a majority 

stake in a company that held any United States or 

coalition defense contract providing goods or services 

to activities by the United States Government or coalition in Afghanistan during the applicable period; or 

(vi) have served, with direct involvement in actions 

by the United States Government in Afghanistan 

during the time the relevant official served, as— 

(I) a cabinet secretary or national security 

adviser to the President; or 

(II) a four-star flag officer, Under Secretary, 

or more senior official in the Department of 

Defense or the Department of State. 

(D) DATE.— 

(i) IN GENERAL.—The appointments of the members 

of the Commission shall be made not later than 60 

days after the date of enactment of this Act. 

(ii) FAILURE TO MAKE APPOINTMENT.—If an 

appointment under subparagraph (A) is not made by 

the appointment date specified in clause (i)— 

(I) the authority to make such appointment 

shall expire; and 

(II) the number of members of the Commission 

shall be reduced by the number equal to the 

number of appointments not made. 

Expiration date. 

Deadline. 


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135 STAT. 1938 PUBLIC LAW 117–81—DEC. 27, 2021 

(3) PERIOD OF APPOINTMENT; VACANCIES.— 

(A) IN GENERAL.—A member of the Commission shall 

be appointed for the life of the Commission. 

(B) VACANCIES.—A vacancy in the Commission— 

(i) shall not affect the powers of the Commission; 

and 

(ii) shall be filled in the same manner as the 

original appointment. 

(4) MEETINGS.— 

(A) INITIAL MEETING.—Not later than 30 days after 

the date on which all members of the Commission have 

been appointed, the Commission shall hold the first 

meeting of the Commission. 

(B) FREQUENCY.—The Commission shall meet at the 

call of the Co-Chairpersons. 

(C) QUORUM.—A majority of the members of the 

Commission shall constitute a quorum, but a lesser number 

of members may hold hearings. 

(5) CO-CHAIRPERSONS.—Co-Chairpersons of the Commission 

shall be selected by the Leadership of the Senate and the 

House of Representatives as follows: 

(A) 1 Co-Chairperson selected by the Majority Leader 

of the Senate and the Speaker of the House of Representatives from the members of the Commission appointed by 

chairpersons of the appropriate congressional committees, 

the Majority Leader of the Senate, and the Speaker of 

the House of Representatives; and 

(B) 1 Co-Chairperson selected by the Minority Leader 

of the Senate and the Minority Leader of the House of 

Representatives from the members of the Commission 

appointed by the ranking members of the appropriate 

congressional committees, the Minority Leader of the 

Senate, and the Minority Leader of the House of Representatives. 

(d) PURPOSE OF COMMISSION.— The purpose of the Commission 

is— 

(1) to examine the key strategic, diplomatic, and operational decisions that pertain to the war in Afghanistan during 

the relevant period, including decisions, assessments, and 

events that preceded the war in Afghanistan; and 

(2) to develop a series of lessons learned and recommendations for the way forward that will inform future decisions 

by Congress and policymakers throughout the United States 

Government. 

(e) DUTIES OF COMMISSION.— 

(1) STUDY.— 

(A) IN GENERAL.—The Commission shall conduct a 

thorough study of all matters relating to combat operations, 

reconstruction and security force assistance activities, intelligence activities, and diplomatic activities of the United 

States pertaining to the Afghanistan during the period 

beginning June 1, 2001, and ending August 30, 2021. 

(B) MATTERS STUDIED.—The matters studied by the 

Commission shall include— 

(i) for the time period specified under subparagraph (A)— 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1939 

(I) the policy objectives of the United States 

Government, including— 

(aa) military objectives; 

(bb) diplomatic objectives; and 

(cc) development objectives; 

(II) significant decisions made by the United 

States, including the development of options presented to policymakers; 

(III) the efficacy of efforts by the United States 

Government in meeting the objectives described 

in clause (i), including an analysis of— 

(aa) military efforts; 

(bb) diplomatic efforts; 

(cc) development efforts; and 

(dd) intelligence efforts; and 

(IV) the efficacy of counterterrorism efforts 

against al Qaeda, the Islamic State Khorasan 

Province, and other foreign terrorist organizations 

in degrading the will and capabilities of such 

organizations— 

(aa) to mount external attacks against the 

United States or its allies and partners; or 

(bb) to threaten stability in Afghanistan, 

neighboring countries, and the region; 

(ii) the efficacy of metrics, measures of effectiveness, and milestones used to assess progress of diplomatic, military, and intelligence efforts; 

(iii) the efficacy of interagency planning and execution process by the United States Government; 

(iv) factors that led to the collapse of the Afghan 

National Defense Security Forces in 2021, including— 

(I) training and mentoring from the institutional to the tactical levels within the Afghan 

National Defense Security Forces; 

(II) assessment methodologies, including any 

transition from different methodologies and the 

consistency of implementation and reporting; 

(III) the determination of how to establish and 

develop the Afghan National Defense Security 

Forces, including the Afghan Air Force, and what 

determined the security cooperation model used 

to build such force; 

(IV) reliance on technology and logistics support; 

(V) corruption; and 

(VI) reliance on warfighting enablers provided 

by the United States; 

(v) the challenges of corruption across the entire 

spectrum of the Afghan Government and efficacy of 

counter-corruption efforts to include linkages to diplomatic lines of effort, linkages to foreign and security 

assistance, and assessment methodologies; 

(vi) the efficacy of counter-narcotic efforts to 

include alternative livelihoods, eradication, interdiction, and education efforts; 


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(vii) the role of countries neighboring Afghanistan 

in contributing to the stability or instability of Afghanistan; 

(viii) varying diplomatic approaches between Presidential administrations; 

(ix) the extent to which the intelligence community 

did or did not fail to provide sufficient warning about 

the probable outcomes of a withdrawal of coalition 

military personnel from Afghanistan, including as it 

relates to— 

(I) the capability and sustainability of the 

Afghanistan National Defense Security Forces; 

(II) the sustainability of the Afghan central 

government, absent coalition support; 

(III) the extent of Taliban control over 

Afghanistan over time with respect to geographic 

territory, population centers, governance, and 

influence; and 

(IV) the likelihood of the Taliban regaining 

control of Afghanistan at various levels of United 

States and coalition support, including the withdrawal of most or all United States or coalition 

support; 

(x) the extent to which intelligence products 

related to the state of the conflict in Afghanistan and 

the effectiveness of the Afghanistan National Defense 

Security Forces complied with intelligence communitywide analytic tradecraft standards and fully reflected 

the divergence of analytic views across the intelligence 

community; 

(xi) an evaluation of whether any element of the 

United States Government inappropriately restricted 

access to data from elements of the intelligence community, Congress, or the Special Inspector General for 

Afghanistan Reconstruction (SIGAR) or any other oversight body such as other inspectors general or the 

Government Accountability Office, including through 

the use of overclassification; and 

(xii) the extent to which public representations 

of the situation in Afghanistan before Congress by 

United States Government officials differed from the 

most recent formal assessment of the intelligence 

community at the time those representations were 

made. 

(2) REPORT REQUIRED.— 

(A) IN GENERAL.— 

(i) ANNUAL REPORT.— 

(I) IN GENERAL.—Not later than 1 year after 

the date of the initial meeting of the Commission, 

and annually thereafter, the Commission shall 

submit to the appropriate congressional committees a report describing the progress of the activities of the Commission as of the date of such 

report, including any findings, recommendations, 

or lessons learned endorsed by the Commission. 

(II) ADDENDA.—Any member of the Commission may submit an addendum to a report required 

Recommendations. 


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under subclause (I) setting forth the separate 

views of such member with respect to any matter 

considered by the Commission. 

(III) BRIEFING.—On the date of the submission 

of each report, the Commission shall brief Congress. 

(ii) FINAL REPORT.— 

(I) SUBMISSION.—Not later than 3 years after 

the date of the initial meeting of the Commission, 

the Commission shall submit to Congress a report 

that contains a detailed statement of the findings, 

recommendations, and lessons learned endorsed 

by the Commission. 

(II) ADDENDA.—Any member of the Commission may submit an addendum to the report 

required under subclause (I) setting forth the separate views of such member with respect to any 

matter considered by the Commission. 

(III) EXTENSION.—The Commission may 

submit the report required under subclause (I) 

at a date that is not more than 1 year later than 

the date specified in such clause if agreed to by 

the chairperson and ranking member of each of 

the appropriate congressional committees. 

(B) FORM.—The report required by paragraph (1)(B) 

shall be submitted and publicly released on a Government 

website in unclassified form but may contain a classified 

annex. 

(C) SUBSEQUENT REPORTS ON DECLASSIFICATION.— 

(i) IN GENERAL.—Not later than 4 years after the 

date that the report required by subparagraph (A)(ii) 

is submitted, each relevant agency of jurisdiction shall 

submit to the committee of jurisdiction a report on 

the efforts of such agency to declassify such annex. 

(ii) CONTENTS.—Each report required by clause (i) 

shall include— 

(I) a list of the items in the classified annex 

that the agency is working to declassify at the 

time of the report and an estimate of the timeline 

for declassification of such items; 

(II) a broad description of items in the annex 

that the agency is declining to declassify at the 

time of the report; and 

(III) any justification for withholding declassification of certain items in the annex and an 

estimate of the timeline for declassification of such 

items. 

(f) POWERS OF COMMISSION.— 

(1) HEARINGS.—The Commission may hold such hearings, 

take such testimony, and receive such evidence as the Commission considers necessary to carry out its purpose and functions 

under this section. 

(2) ASSISTANCE FROM FEDERAL AGENCIES.— 

(A) INFORMATION.— 

(i) IN GENERAL.—The Commission may secure 

directly from a Federal department or agency such 

List. 

Public 

information. 

Web posting. 


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information as the Commission considers necessary to 

carry out this section. 

(ii) FURNISHING INFORMATION.—Upon receipt of a 

written request by the Co-Chairpersons of the Commission, the head of the department or agency shall 

expeditiously furnish the information to the Commission. 

(B) SPACE FOR COMMISSION.— (i) IN GENERAL.—Not later than 30 days after the 

date of the enactment of this Act, the Architect of 

the Capitol, in consultation with the Commission, shall 

identify suitable space to house the operations of the 

Commission, which shall include— 

(I) a dedicated sensitive compartmented 

information facility or access to a sensitive 

compartmented information facility; and 

(II) the ability to store classified documents. 

(ii) AUTHORITY TO LEASE.—If the Architect of the 

Capitol is not able to identify space in accordance 

with clause (i) within the 30-day period specified in 

clause (i), the Commission may lease space to the 

extent that funds are available for such purpose. 

(C) COMPLIANCE BY INTELLIGENCE COMMUNITY.—Elements of the intelligence community shall respond to 

requests submitted pursuant to paragraph (2) in a manner 

consistent with the protection of intelligence sources and 

methods. 

(3) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions 

as other departments and agencies of the Federal Government. 

(4) GIFTS.—The Commission may accept, use, and dispose 

of gifts or donations of services, goods, and property from nonFederal entities for the purposes of aiding and facilitating the 

work of the Commission. The authority in this subsection does 

not extend to gifts of money. Gifts accepted under this authority 

shall be documented, and conflicts of interest or the appearance 

of conflicts of interest shall be avoided. Subject to the authority 

in this section, commissioners shall otherwise comply with rules 

set forth by the Select Committee on Ethics of the Senate. 

(5) ETHICS.— 

(A) IN GENERAL.—The members and employees of the 

Commission shall be subject to the ethical rules and guidelines of the Senate. 

(B) REPORTING.—For purposes of title I of the Ethics 

in Government Act of 1978 (5 U.S.C. App.), each member 

and employee of the Commission— 

(i) shall be deemed to be an officer or employee 

of the Congress (as defined in section 109(13) of such 

title); and 

(ii) shall file any report required to be filed by 

such member or such employee (including by virtue 

of the application of subsection (g)(1)) under title I 

of the Ethics in Government Act of 1978 (5 U.S.C. 

App.) with the Secretary of the Senate. 

(g) COMMISSION PERSONNEL MATTERS.— (1) COMPENSATION OF MEMBERS.—A member of the 

Commission who is not an officer or employee of the Federal 

Compliance. 

Deadline. 

Consultation. 


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Government shall be compensated at a rate equal to the daily 

equivalent of the annual rate of basic pay prescribed for level 

IV of the Executive Schedule under section 5315 of title 5, 

United States Code, for each day (including travel time) during 

which the member is engaged in the performance of the duties 

of the Commission. 

(2) TRAVEL EXPENSES.—A member of the Commission shall 

be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while 

away from their homes or regular places of business in the 

performance of services for the Commission. 

(3) STAFF.— (A) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding 

the requirements of section 2105 of title 5, United States 

Code, including the required supervision under subsection 

(a)(3) of such section, the members of the commission shall 

be deemed to be Federal employees. 

(B) EXECUTIVE DIRECTOR.—The Co-Chairpersons of the 

Commission shall appoint and fix the rate of basic pay 

for an Executive Director in accordance with section 3161(d) 

of title 5, United States Code. 

(C) PAY.—The Executive Director, with the approval 

of the Co-Chairpersons of the Commission, may appoint 

and fix the rate of basic pay for additional personnel as 

staff of the Commission in accordance with section 3161(d) 

of title 5, United States Code. 

(D) SECURITY CLEARANCES.—All staff must have or be 

eligible to receive the appropriate security clearance to 

conduct their duties. 

(4) DETAIL OF GOVERNMENT EMPLOYEES.—A Federal 

Government employee, with the appropriate security clearance 

to conduct their duties, may be detailed to the Commission 

without reimbursement, and such detail shall be without 

interruption or loss of civil service status or privilege. 

(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Co-Chairpersons of the Commission may procure 

temporary and intermittent services under section 3109(b) of 

title 5, United States Code, at rates for individuals that do 

not exceed the daily equivalent of the annual rate of basic 

pay prescribed for level V of the Executive Schedule under 

section 5316 of that title. 

(6) PAY.—The pay of each employee of the Commission 

and any member of the Commission who receives pay in accordance with paragraph (1) shall be disbursed by the Secretary 

of the Senate. 

(h) TERMINATION OF COMMISSION.—The Commission shall 

terminate 90 days after the date on which the Commission submits 

the report required under subsection (e)(2)(A)(ii). 

SEC. 1095. COMMISSION ON THE NATIONAL DEFENSE STRATEGY. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—There is hereby established, as of the 

date specified in paragraph (2), an independent commission 

in the legislative branch to be known as the Commission on 

the National Defense Strategy for the United States (in this 

subtitle referred to as the ‘‘Commission’’). 


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(2) DATE OF ESTABLISHMENT.—The date of establishment 

referred to in paragraph (1) is the date that is not later than 

30 days after the date on which the Secretary of Defense 

provides a national defense strategy as required by section 

113(g) of title 10, United States Code. 

(b) MEMBERSHIP.— 

(1) NUMBER AND APPOINTMENT.—The Commission shall be 

composed of 8 members from private civilian life who are recognized experts in matters relating to the national security of 

the United States. The members shall be appointed as follows: 

(A) The Majority Leader of the Senate shall appoint 

1 member. 

(B) The Minority Leader of the Senate shall appoint 

1 member. 

(C) The Speaker of the House of Representatives shall 

appoint 1 member. 

(D) The Minority Leader of the House of Representatives shall appoint 1 member. 

(E) The Chair of the Committee on Armed Services 

of the Senate shall appoint 1 member. 

(F) The Ranking Member of the Committee on Armed 

Services of the Senate shall appoint 1 member. 

(G) The Chair of the Committee on Armed Services 

of the House of Representatives shall appoint 1 member. 

(H) The Ranking Member of the Committee on Armed 

Services of the House of Representatives shall appoint 1 

member. 

(2) DEADLINE FOR APPOINTMENT.—Members shall be 

appointed to the Commission under paragraph (1) not later 

than 45 days after the Commission establishment date specified 

under subsection (a)(2). 

(3) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT

DATE.—If one or more appointments under paragraph (1) is 

not made by the appointment date specified in paragraph (2), 

the authority to make such appointment or appointments shall 

expire, and the number of members of the Commission shall 

be reduced by the number equal to the number of appointments 

so not made. 

(c) CHAIR AND VICE CHAIR.— 

(1) CHAIR.—The Chair of the Committee on Armed Services 

of the Senate and the Chair of the Committee on Armed Services of the House of Representatives, with the concurrence 

of the Majority Leader of the Senate and the Speaker of the 

House of Representatives, shall jointly designate 1 member 

of the Commission to serve as Chair of the Commission. 

(2) VICE CHAIR.—The Ranking Member of the Committee 

on Armed Services of the Senate and the Ranking Member 

of the Committee on Armed Services of the House of Representatives, with the concurrence of the Minority Leader of the 

Senate and the Minority Leader of the House of Representatives, shall jointly designate 1 member of the Commission to 

serve as Vice Chair of the Commission. 

(d) PERIOD OF APPOINTMENT AND VACANCIES.—Members shall 

be appointed for the life of the Commission. A vacancy in the 

Commission shall not affect its powers, and shall be filled in the 

same manner as the original appointment was made. 

Expiration date. 

Deadline. 


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(e) PURPOSE.—The purpose of the Commission is to examine 

and make recommendations with respect to the national defense 

strategy for the United States. 

(f) SCOPE AND DUTIES.—In order to provide the fullest understanding of the matters required under subsection (e), the Commission shall perform the following duties: 

(1) NATIONAL DEFENSE STRATEGY REVIEW.—The Commission shall review the most recent national defense strategy 

of the United States including the assumptions, strategic objectives, priority missions, major investments in defense capabilities, force posture and structure, operational concepts, and strategic and military risks associated with the strategy. 

(2) ASSESSMENT.—The Commission shall conduct a comprehensive assessment of the strategic environment to include 

the threats to the national security of the United States, 

including both traditional and non-traditional threats, the size 

and shape of the force, the readiness of the force, the posture, 

structure, and capabilities of the force, allocation of resources, 

and the strategic and military risks in order to provide recommendations on the national defense strategy for the United 

States. 

(g) COMMISSION REPORT AND RECOMMENDATIONS.— 

(1) REPORT.—Not later than one year after the Commission 

establishment date specified under subsection (a)(2), the 

Commission shall transmit to the President and Congress a 

report containing the review and assessment conducted under 

subsection (f), together with any recommendations of the 

Commission. The report shall include the following elements: 

(A) An appraisal of the strategic environment, 

including an examination of the traditional and non-traditional threats to the United States, and the potential for 

conflicts arising from such threats and security challenges. 

(B) An evaluation of the strategic objectives of the 

Department of Defense for near-peer competition in support 

of the national security interests of the United States. 

(C) A review of the military missions for which the 

Department of Defense should prepare, including missions 

that support the interagency and a whole-of-government 

strategy. 

(D) Identification of any gaps or redundancies in the 

roles and missions assigned to the Armed Forces necessary 

to carry out military missions identified in subparagraph 

(C), as well as the roles and capabilities provided by other 

Federal agencies and by allies and international partners. 

(E) An assessment of how the national defense strategy 

leverages other elements of national power across the interagency to counter near-peer competitors. 

(F) An evaluation of the resources necessary to support 

the strategy, including budget recommendations. 

(G) An examination of the Department’s efforts to 

develop new and innovative operational concepts to enable 

the United States to more effectively counter near-peer 

competitors. 

(H) An analysis of the force planning construct, 

including— 

(i) the size and shape of the force; 

Analysis. 

Examination. 

Evaluation. 

Assessment. 

Review. 

Evaluation. 

Appraisal. 


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(ii) the posture, structure, and capabilities of the 

force; 

(iii) the readiness of the force; 

(iv) infrastructure and organizational adjustments 

to the force; 

(v) modifications to personnel requirements, 

including professional military education; and 

(vi) other elements of the defense program necessary to support the strategy. 

(I) An assessment of the risks associated with the 

strategy, including the relationships and tradeoffs between 

missions, risks, and resources. 

(J) Any other elements the Commission considers 

appropriate. 

(2) INTERIM BRIEFINGS.— (A) Not later than 180 days after the Commission 

establishment date specified in subsection (a)(2), the 

Commission shall provide to the Committees on Armed 

Services of the Senate and the House of Representatives 

a briefing on the status of its review and assessment to 

include a discussion of any interim recommendations. 

(B) At the request of the Chair and Ranking Member 

of the Committee on Armed Services of the Senate, or 

the Chair and Ranking Member of the Committee on Armed 

Services of the House of Representatives, the Commission 

shall provide the requesting Committee with interim 

briefings in addition to the briefing required by subparagraph (2)(A). 

(3) FORM.—The report submitted to Congress under paragraph (1) of this subsection shall be submitted in unclassified 

form, but may include a classified annex. 

(h) GOVERNMENT COOPERATION.— 

(1) COOPERATION.—In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, 

briefings, and other information necessary for the fulfillment 

of its responsibilities. 

(2) LIAISON.—The Secretary shall designate at least 1 

officer or employee of the Department of Defense to serve 

as a liaison officer between the Department and the Commission. 

(3) DETAILEES AUTHORIZED.—The Secretary may provide, 

and the commission may accept and employ, personnel detailed 

from the Department of Defense, without reimbursement. 

(4) FACILITATION.— 

(A) INDEPENDENT, NON-GOVERNMENT INSTITUTE.—Not 

later than 45 days after the Commission establishment 

date specified in subparagraph (a)(2), the Secretary of 

Defense shall make available to the Commission the services of an independent, non-governmental institute 

described in section 501(c)(3) of the Internal Revenue Code 

of 1986, and exempt from tax under section 501(a) of such 

Code, that has recognized credentials and expertise in 

national security and military affairs in order to facilitate 

the Commission’s discharge of its duties under this section. 

(B) FEDERALLY FUNDED RESEARCH AND DEVELOPMENT

CENTER.—On request of the Commission, the Secretary 

Deadline. 

Deadline. 

Assessment. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1947 

of Defense shall make available the services of a federally 

funded research and development center that is covered 

by a sponsoring agreement of the Department of Defense 

in order to enhance the Commission’s efforts to discharge 

its duties under this section. 

(5) EXPEDITION OF SECURITY CLEARANCES.—The Office of 

Senate Security and the Office of House Security shall ensure 

the expedited processing of appropriate security clearances for 

personnel appointed to the commission by their respective 

Senate and House offices under processes developed for the 

clearance of legislative branch employees. 

(i) STAFF.— (1) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the 

requirements of section 2105 of title 5, United States Code, 

including the required supervision under subsection (a)(3) of 

such section, the members of the commission shall be deemed 

to be Federal employees. 

(2) EXECUTIVE DIRECTOR.—The Commission shall appoint 

and fix the rate of basic pay for an Executive Director in 

accordance with section 3161(d) of title 5, United States Code. 

(3) PAY.—The Executive Director, with the approval of 

the Commission, may appoint and fix the rate of basic pay 

for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. 

(j) PERSONAL SERVICES.— 

(1) AUTHORITY TO PROCURE.—The Commission may— 

(A) procure the services of experts or consultants (or 

of organizations of experts or consultants) in accordance 

with the provisions of section 3109 of title 5, United States 

Code; and 

(B) pay in connection with such services travel 

expenses of individuals, including transportation and per 

diem in lieu of subsistence, while such individuals are 

traveling from their homes or places of business to duty 

stations. 

(2) MAXIMUM DAILY PAY RATES.—The daily rate paid an 

expert or consultant procured pursuant to paragraph (1) may 

not exceed the daily rate paid a person occupying a position 

at level IV of the Executive Schedule under section 5315 of 

title 5, United States Code. 

(k) AUTHORITY TO ACCEPT GIFTS.—The Commission may accept, 

use, and dispose of gifts or donations of services, goods, and property 

from non-Federal entities for the purposes of aiding and facilitating 

the work of the Commission. The authority in this subsection does 

not extend to gifts of money. Gifts accepted under this authority 

shall be documented, and conflicts of interest or the appearance 

of conflicts of interest shall be avoided. Subject to the authority 

in this section, commissioners shall otherwise comply with rules 

set forth by the Select Committee on Ethics of the United States 

Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. 

(l) FUNDING.—Of the amounts authorized to be appropriated 

by this Act for fiscal year 2022 for the Department of Defense, 

up to $5,000,000 shall be made available to the Commission to 

carry out its duties under this subtitle. Funds made available 

to the Commission under the preceding sentence shall remain available until expended. 

Compliance. 

Contracts. 

Appointment. 


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135 STAT. 1948 PUBLIC LAW 117–81—DEC. 27, 2021 

(m) LEGISLATIVE ADVISORY COMMITTEE.—The Commission shall 

operate as a legislative advisory committee and shall not be subject 

to the provisions of the Federal Advisory Committee Act (Public 

Law 92–463; 5 U.S.C. App) or section 552b, United States Code 

(commonly known as the Government in the Sunshine Act). 

(n) CONTRACTING AUTHORITY.—The Commission may acquire 

administrative supplies and equipment for Commission use to the 

extent funds are available. 

(o) USE OF GOVERNMENT INFORMATION.—The Commission may 

secure directly from any department or agency of the Federal 

Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair 

of the Commission, the head of such department or agency shall 

furnish such information to the Commission. 

(p) POSTAL SERVICES.—The Commission may use the United 

States mail in the same manner and under the same conditions 

as departments and agencies of the United States. 

(q) SPACE FOR USE OF COMMISSION.—Not later than 30 days 

after the establishment date of the Commission, the Administrator 

of General Services, in consultation with the Commission, shall 

identify and make available suitable excess space within the Federal 

space inventory to house the operations of the Commission. If 

the Administrator is not able to make such suitable excess space 

available within such 30-day period, the Commission may lease 

space to the extent the funds are available. 

(r) REMOVAL OF MEMBERS.—A member may be removed from 

the commission for cause by the individual serving in the position 

responsible for the original appointment of such member under 

subsection (b)(1), provided that notice has first been provided to 

such member of the cause for removal, voted and agreed upon 

by three quarters of the members serving. A vacancy created by 

the removal of a member under this section shall not affect the 

powers of the commission, and shall be filled in the same manner 

as the original appointment was made. 

(s) TERMINATION.—The Commission shall terminate 90 days 

after the date on which it submits the report required by subsection 

(g). 

TITLE XI—CIVILIAN PERSONNEL 

MATTERS 

Sec. 1101. Amendment to diversity and inclusion reporting. 

Sec. 1102. Civilian personnel management. 

Sec. 1103. Modification of temporary authority to appoint retired members of the 

armed forces to positions in the Department of Defense. 

Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of 

International Legal Studies. 

Sec. 1105. Consideration of employee performance in reductions in force for civilian 

positions in the Department of Defense. 

Sec. 1106. Repeal of 2-year probationary period. 

Sec. 1107. Modification of DARPA personnel management authority to attract 

science and engineering experts. 

Sec. 1108. Expansion of rate of overtime pay authority for Department of the Navy 

employees performing work overseas on naval vessels. 

Sec. 1109. Repeal of crediting amounts received against pay of Federal employee or 

DC employee serving as a member of the National Guard of the District 

of Columbia. 

Sec. 1110. Treatment of hours worked under a qualified trade-of-time arrangement. 

Sec. 1111. Parental bereavement leave. 

Deadline. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1949 

Sec. 1112. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. 

Sec. 1113. Extension of authority for temporary personnel flexibilities for Domestic 

Defense Industrial Base Facilities and Major Range and Test Facilities 

Base civilian personnel. 

Sec. 1114. One-year extension of temporary authority to grant allowances, benefits, 

and gratuities to civilian personnel on official duty in a combat zone. 

Sec. 1115. Assessment of Accelerated Promotion Program suspension. 

Sec. 1116. Increase in allowance based on duty at remote worksites. 

Sec. 1117. Enhancement of recusal for conflicts of personal interest requirements 

for Department of Defense officers and employees. 

Sec. 1118. Occupational series for digital career fields. 

SEC. 1101. AMENDMENT TO DIVERSITY AND INCLUSION REPORTING. 

Section 113 of title 10, United States Code, as amended by 

section 551 of the William M. (Mac) Thornberry National Defense 

Authorization Act for Fiscal Year 2021 (Public Law 116–283), is 

amended— 

(1) in subsection (c)(2), by inserting ‘‘of members and 

civilian employees’’ after ‘‘inclusion’’; 

(2) in subsection (l)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘; and’’ and 

inserting a semicolon; 

(ii) by redesignating subparagraph (B) as subparagraph (C); and 

(iii) by inserting after subparagraph (A) the following new subparagraph (B): 

‘‘(B) efforts to reflect, across the civilian workforce of the 

Department and of each armed force, the diversity of the population of the United States; and’’; and 

(B) in paragraph (2)(B), by inserting ‘‘and civilian 

employees of the Department’’ after ‘‘members of the armed 

forces’’; and 

(3) in subsection (m)— 

(A) by redesignating paragraph (7) as paragraph (8); 

and 

(B) by inserting after paragraph (6) the following new 

paragraph (7): 

‘‘(7) The number of civilian employees of the Department, 

disaggregated by military department, gender, race, and ethnicity— 

‘‘(A) in each grade of the General Schedule; 

‘‘(B) in each grade of the Senior Executive Service; 

‘‘(C) paid at levels above grade GS-15 of the General 

Schedule but who are not members of the Senior Executive 

Service; 

‘‘(D) paid under the Federal Wage System, and 

‘‘(E) paid under alternative pay systems.’’. 

SEC. 1102. CIVILIAN PERSONNEL MANAGEMENT. 

Section 129(a) of title 10, United States Code, is amended— 

(1) in the first sentence, by striking ‘‘primarily’’ and 

inserting ‘‘solely’’; and 

(2) in the second sentence, by striking ‘‘solely’’. 


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135 STAT. 1950 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 1103. MODIFICATION OF TEMPORARY AUTHORITY TO APPOINT 

RETIRED MEMBERS OF THE ARMED FORCES TO POSITIONS IN THE DEPARTMENT OF DEFENSE. 

Section 1108(b)(1)(A) of the William M. (Mac) Thornberry 

National Defense Authorization Act for Fiscal Year 2021 (Public 

Law 116-283) is amended to read as follows: 

‘‘(A)(i) at any defense industrial base facility (as that 

term is defined in section 2208(u)(3) of title 10, United 

States Code) that is part of the core logistics capabilities 

(as described in section 2464(a) of such title); or 

‘‘(ii) at any Major Range and Test Facility Base (as 

that term is defined in section 196(i) of such title); and’’. 

SEC. 1104. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT 

THE DEFENSE INSTITUTE OF INTERNATIONAL LEGAL 

STUDIES. 

Section 1595(c) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(8) The Defense Institute of International Legal Studies.’’. 

SEC. 1105. CONSIDERATION OF EMPLOYEE PERFORMANCE IN REDUCTIONS IN FORCE FOR CIVILIAN POSITIONS IN THE 

DEPARTMENT OF DEFENSE. 

Section 1597(e) title 10, United States Code, is amended— 

(1) by striking the subsection heading and inserting 

‘‘CONSIDERATION OF EMPLOYEE PERFORMANCE IN REDUCTIONS’’; 

and 

(2) by striking ‘‘be made primarily on the basis of’’ and 

inserting ‘‘, among other factors as determined by the Secretary, 

account for employee’’. 

SEC. 1106. REPEAL OF 2-YEAR PROBATIONARY PERIOD. 

(a) REPEAL.— 

(1) IN GENERAL.—Effective December 31, 2022, section 

1599e of title 10, United States Code, is repealed. 

(2) APPLICATION.—The modification of probationary periods 

for covered employees (as that term is defined in such section 

1599e as in effect on the date immediately preceding the date 

of enactment of this Act) by operation of the amendment made 

by paragraph (1) shall only apply to an individual appointed 

as such an employee on or after the effective date specified 

in paragraph (1). 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) TITLE 10.—The table of sections for chapter 81 of title 

10, United States Code, is amended by striking the item 

relating to section 1599e. 

(2) TITLE 5.—Title 5, United States Code, is amended— 

(A) in section 3321(c), by striking ‘‘, or any individual 

covered by section 1599e of title 10’’; 

(B) in section 3393(d), by striking the second sentence; 

(C) in section 7501(1), by striking ‘‘, except as provided 

in section 1599e of title 10,’’; 

(D) in section 7511(a)(1)(A)(ii), by striking ‘‘except as 

provided in section 1599e of title 10,’’; and 

(E) in section 7541(1)(A), by striking ‘‘or section 1599e 

of title 10’’. 

10 USC 1580 

prec. 

10 USC 1599e 

note. 

10 USC 1599e 

note. 

10 USC 1580 

note prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1951 

SEC. 1107. MODIFICATION OF DARPA PERSONNEL MANAGEMENT 

AUTHORITY TO ATTRACT SCIENCE AND ENGINEERING 

EXPERTS. 

Section 1599h(b) of title 10, United States Code, is amended— 

(1) in paragraph (2)— 

(A) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) in the case of employees appointed pursuant to 

paragraph (1)(B)— 

‘‘(i) to any of 5 positions designated by the Director 

of the Defense Advanced Research Projects Agency for 

purposes of this clause, at rates not in excess of a 

rate equal to 150 percent of the maximum rate of 

basic pay authorized for positions at Level I of the 

Executive Schedule under section 5312 of title 5; and 

‘‘(ii) to any other position designated by the 

Director for purposes of this clause, at rates not in 

excess of the maximum amount of total annual compensation payable at the salary set in accordance with 

section 104 of title 3;’’; and 

(B) in subparagraph (B), by striking ‘‘and’’ at the end; 

(2) in paragraph (3), by striking the period and inserting 

‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(4) during any fiscal year, pay up to 15 individuals newly 

appointed pursuant to paragraph (1)(B) the travel, transportation, and relocation expenses and services described under 

sections 5724, 5724a, and 5724c of title 5.’’. 

SEC. 1108. EXPANSION OF RATE OF OVERTIME PAY AUTHORITY FOR 

DEPARTMENT OF THE NAVY EMPLOYEES PERFORMING 

WORK OVERSEAS ON NAVAL VESSELS. 

Section 5542(a)(6)(A) of title 5, United States Code, is 

amended— 

(1) by inserting ‘‘outside the United States’’ after ‘‘temporary duty’’; 

(2) by striking ‘‘the nuclear aircraft carrier that is forward 

deployed in Japan’’ and inserting ‘‘naval vessels’’; 

(3) by inserting ‘‘of 1938’’ after ‘‘Fair Labor Standards Act’’; 

and 

(4) by striking ‘‘the overtime’’ and all that follows through 

the period at the end and inserting ‘‘the employee shall be 

coded and paid overtime as if the employee’s exemption status 

under that Act is the same as it is at the employee’s permanent 

duty station.’’. 

SEC. 1109. REPEAL OF CREDITING AMOUNTS RECEIVED AGAINST PAY 

OF FEDERAL EMPLOYEE OR DC EMPLOYEE SERVING AS 

A MEMBER OF THE NATIONAL GUARD OF THE DISTRICT 

OF COLUMBIA. 

(a) IN GENERAL.—Section 5519 of title 5, United States Code, 

is amended by striking ‘‘or (c)’’. 

(b) APPLICATION.—The amendment made by subsection (a) shall 

apply to any amounts credited, by operation of such section 5519, 

against the pay of an employee or individual described under section 

6323(c) of such title on or after the date of enactment of this 

Act. 

5 USC 5519 note. 


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135 STAT. 1952 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 1110. TREATMENT OF HOURS WORKED UNDER A QUALIFIED 

TRADE-OF-TIME ARRANGEMENT. 

Section 5542 of title 5, United States Code, is amended by 

adding at the end the following: 

‘‘(h)(1)(A) Notwithstanding any other provision of this section 

or section 5545b, any hours worked by a firefighter under a qualified 

trade-of-time arrangement shall be disregarded for purposes of any 

determination relating to eligibility for, or the amount of, any 

overtime pay under this section, including overtime pay under 

the Fair Labor Standards Act in accordance with subsection (c). 

‘‘(B) The Director of the Office of Personnel Management— 

‘‘(i) shall identify the situations in which a firefighter shall 

be deemed to have worked hours actually worked by a substituting firefighter under a qualified trade-of-time arrangement; and 

‘‘(ii) may adopt necessary policies governing the treatment 

of both a substituting and substituted firefighter under a qualified trade-of-time arrangement, without regard to how those 

firefighters would otherwise be treated under other provisions 

of law or regulation. 

‘‘(2) In this subsection— 

‘‘(A) the term ‘firefighter’ means an employee— 

‘‘(i) the work schedule of whom includes 24-hour duty 

shifts; and 

‘‘(ii) who— 

‘‘(I) is a firefighter, as defined in section 8331(21) 

or 8401(14); 

‘‘(II) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify 

to be considered a firefighter within the meaning of 

section 8331(21), would so qualify if such employee 

had transferred directly to such position after serving 

as a firefighter within the meaning of such section; 

‘‘(III) in the case of an employee who holds a 

supervisory or administrative position and is subject 

to chapter 84, but who does not qualify to be considered 

a firefighter within the meaning of section 8401(14), 

would so qualify if such employee had transferred 

directly to such position after performing duties 

described in section 8401(14)(A) and (B) for at least 

3 years; and 

‘‘(IV) in the case of an employee who is not subject 

to subchapter III of chapter 83 or chapter 84, holds 

a position that the Office of Personnel Management 

determines would satisfy subclause (I), (II), or (III) 

if the employee were subject to subchapter III of 

chapter 83 or chapter 84; and 

‘‘(B) the term ‘qualified trade-of-time arrangement’ means 

an arrangement under which 2 firefighters who are subject 

to the supervision of the same fire chief agree, solely at their 

option and with the approval of the employing agency, to substitute for one another during scheduled work hours in the 

performance of work in the same capacity.’’. 

Time period. 

Definitions. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1953 

SEC. 1111. PARENTAL BEREAVEMENT LEAVE. 

(a) IN GENERAL.—Subchapter II of chapter 63 of title 5, United 

States Code, is amended by adding at the end the following: 

‘‘§ 6329d. Parental bereavement leave 

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) the terms ‘employee’ and ‘son or daughter’ have the 

meanings given those terms in section 6381; and 

‘‘(2) the term ‘paid leave’ means, with respect to an 

employee, leave without loss of or reduction in— 

‘‘(A) pay; 

‘‘(B) leave to which the employee is otherwise entitled 

under law; or 

‘‘(C) credit for time or service. 

‘‘(b) BEREAVEMENT LEAVE.— 

‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), an 

employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of 

the death of a son or daughter of the employee. 

‘‘(2) LIMITATION.—Leave under paragraph (1) may not be 

taken by an employee intermittently or on a reduced leave 

schedule unless the employee and the employing agency of 

the employee agree otherwise. 

‘‘(3) NOTICE.—In any case in which the necessity for leave 

under this subsection is foreseeable, the employee shall provide 

the employing agency with such notice as is reasonable and 

practicable.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

sections for subchapter II of chapter 63 of title 5, United States 

Code, is amended by adding at the end the following: 

‘‘6329d. Parental bereavement leave.’’. 

SEC. 1112. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 

LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES 

WORKING OVERSEAS. 

Subsection (a) of section 1101 of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417; 122 Stat. 4615), as most recently amended by section 1105 

of the William M. (Mac) Thornberry National Defense Authorization 

Act for Fiscal Year 2021 (Public Law 116–283), is further amended 

by striking ‘‘through 2021’’ and inserting ‘‘through 2022’’. 

SEC. 1113. EXTENSION OF AUTHORITY FOR TEMPORARY PERSONNEL 

FLEXIBILITIES FOR DOMESTIC DEFENSE INDUSTRIAL 

BASE FACILITIES AND MAJOR RANGE AND TEST FACILITIES BASE CIVILIAN PERSONNEL. 

Section 1132 of the National Defense Authorization Act for 

Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended— 

(1) in subsection (a), by striking ‘‘through 2021’’ and 

inserting ‘‘through 2026’’; 

(2) by redesignating subsection (f) as subsection (h); and 

(3) by inserting after subsection (e) the following: 

‘‘(f) DATA COLLECTION REQUIREMENT.—The Secretary of 

Defense shall develop and implement a plan to collect and analyze 

data on the pilot program for the purposes of— 

‘‘(1) developing and sharing best practices; and 

Plan. 

134 Stat. 3890. 

5 USC 6301 prec. 

5 USC 6329d. 


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135 STAT. 1954 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(2) providing information to the leadership of the Department and Congress on the implementation of the pilot program 

and related policy issues. 

‘‘(g) BRIEFING.—Not later than 90 days after the end of each 

of fiscal years 2022 through 2026, the Secretary of Defense shall 

provide a briefing to the Committee on Armed Services of the 

House of Representatives, the Committee on Armed Services of 

the Senate, the Committee on Oversight and Government Reform 

of the House of Representatives, and the Committee on Homeland 

Security and Governmental Affairs of the Senate including— 

‘‘(1) a description of the effect of this section on the management of civilian personnel at domestic defense industrial base 

facilities and Major Range and Test Facilities Base during 

the most recently ended fiscal year; and 

‘‘(2) the number of employees— 

‘‘(A) hired under such section during such fiscal year; 

and 

‘‘(B) expected to be hired under such section during 

the fiscal year in which the briefing is provided.’’. 

SEC. 1114. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO 

GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO 

CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT 

ZONE. 

Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), 

as added by section 1102 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4616) and as most recently amended by section 1106 of the 

William M. (Mac) Thornberry National Defense Authorization Act 

for Fiscal Year 2021 (Public Law 116–283), is further amended 

by striking ‘‘2022’’ and inserting ‘‘2023’’. 

SEC. 1115. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM 

SUSPENSION. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Inspector General of the Department 

of Defense shall conduct an assessment of the impacts resulting 

from the Navy’s suspension in 2016 of the Accelerated Promotion 

Program (in this section referred to as the ‘‘APP’’). The Inspector 

General may consult with the Secretary of the Navy in carrying 

out such assessment, but the Navy may not play any other role 

in such assessment. 

(b) ELEMENTS.—The assessment required under subsection (a) 

shall include the following elements: 

(1) An identification of the employees who were hired at 

the four public shipyards between January 23, 2016, and 

December 22, 2016, covering the period in which APP was 

suspended, and who would have otherwise been eligible for 

APP had the program been in effect at the time they were 

hired. 

(2) An assessment for each employee identified in paragraph (1) to determine the difference between wages earned 

from the date of hire to the date on which the wage data 

would be collected and the wages which would have been earned 

during this same period should that employee have participated 

in APP from the date of hire and been promoted according 

Time period. 

Determinations. 

Deadline. 

134 Stat. 3890. 

Deadline. 

Time period. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1955 

to the average promotion timeframe for participants hired in 

the five-year period prior to the suspension. 

(3) An assessment for each employee identified in paragraph (1) to determine at what grade and step each effected 

employee would be at on October 1, 2020, had that employee 

been promoted according to the average promotion timeframe 

for participants hired in the five-year period prior to the suspension. 

(4) An evaluation of existing authorities available to the 

Secretary to determine whether the Secretary can take measures using those authorities to provide the pay difference and 

corresponding interest, at a rate of the federal short–term 

interest rate plus 3 percent, to each effected employee identified 

in paragraph (2) and directly promote the employee to the 

grade and step identified in paragraph (3). 

(c) REPORT.—The Inspector General of the Department of 

Defense shall submit, to the congressional defense committees, the 

Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental 

Affairs of the Senate, a report on the results of the evaluation 

by not later than 270 days after the date of enactment of this 

Act, and shall provide interim briefings upon request. 

SEC. 1116. INCREASE IN ALLOWANCE BASED ON DUTY AT REMOTE 

WORKSITES. 

(a) ASSESSMENT AND RATE.—Not later than March 31, 2022, 

the Director of the Office of Personnel Management shall complete 

an assessment of the remote site pay allowance under section 

5942 of title 5, United States Code, and propose a new rate of 

such allowance, adjusted for inflation, and submit such assessment 

and rate to the President and to Congress. 

(b) APPLICATION.—Beginning on the first day of the first pay 

period beginning after the date the Director submits the assessment 

and rate under subsection (a), such rate shall, notwithstanding 

subsection (a) of such section 5942, be the rate of such allowance. 

SEC. 1117. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF PERSONAL 

INTEREST REQUIREMENTS FOR DEPARTMENT OF 

DEFENSE OFFICERS AND EMPLOYEES. 

(a) IN GENERAL.—Except as provided in subsection (b), in addition to the prohibition set forth in section 208 of title 18, United 

States Code, an officer or employee of the Department of Defense 

may not knowingly participate personally and substantially in any 

particular matter involving specific parties where any of the following organizations is a party or represents a party to the matter: 

(1) Any organization, including a trade organization, for 

which the officer or employee has served as an employee, officer, 

director, trustee, or general partner in the past 2 years. 

(2) Any organization with which the officer or employee 

is seeking employment. 

(b) AUTHORIZATION.—An agency designee may authorize the 

officer or employee to participate in a matter described in paragraph 

(a) based on a determination, made in light of all relevant circumstances, that the interest of the Government in the officer 

or employee’s participation outweighs the concern that a reasonable 

person may question the integrity of the agency’s programs and 

operations. 

Determination. 

10 USC 971 note 

prec. 

Effective date. 

Deadline. 

5 USC 5942 note. 

Briefings. 

Evaluation. 


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135 STAT. 1956 PUBLIC LAW 117–81—DEC. 27, 2021 

(c) CONSTRUCTION.—Nothing in this section shall be construed 

to terminate, alter, or make inapplicable any other prohibition 

or limitation in law or regulation on the participation of officers 

or employees of the Department of Defense in particular matters 

having an effect on their or related financial or other personal 

interests. 

SEC. 1118. OCCUPATIONAL SERIES FOR DIGITAL CAREER FIELDS. 

Not later than 270 days after the date of the enactment of 

this Act, the Director of the Office of Personnel Management shall, 

pursuant to chapter 51 of title 5, United States Code, establish 

or update one or more occupational series covering Federal Government positions in the fields of software development, software 

engineering, data science, and data management. 

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Administrative support and payment of certain expenses for covered foreign defense personnel. Sec. 1202. Authority for certain reimbursable interchange of supplies and services. 

Sec. 1203. Extension of support of special operations for irregular warfare. 

Sec. 1204. Modification and extension of biennial Comptroller General of the 

United States audits of programs to build the capacity of foreign security forces. Sec. 1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the 

United States-Colombia Action Plan for Regional Security. Sec. 1206. Security cooperation strategy for certain combatant commands. 

Sec. 1207. Report on security cooperation programs. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1211. Sense of Congress on the service of United States Armed Forces 

servicemembers in Afghanistan. Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1213. Prohibition on transfer of Department of Defense funds or resources to 

the Taliban. 

Sec. 1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan. Sec. 1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces. Sec. 1216. Joint report on using the synchronized predeployment and operational 

tracker (spot) database to verify Afghan SIV applicant information. Sec. 1217. Report and briefing on United States equipment, property, and classified 

material that was destroyed or abandoned in the withdrawal from Afghanistan. 

Subtitle C—Matters Relating to Syria, Iraq, and Iran 

Sec. 1221. Extension and modification of authority to provide assistance to vetted 

Syrian groups and individuals. Sec. 1222. Defense and diplomatic strategy for Syria. 

Sec. 1223. Extension and modification of authority to provide assistance to counter 

the Islamic State of Iraq and Syria. Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1225. Prohibition on transfers to Badr Organization. 

Sec. 1226. Prohibition on transfers to Iran. 

Sec. 1227. Report on the military capabilities of Iran and related activities. 

Sec. 1228. Sense of Congress on enrichment of uranium by Iran. 

Subtitle D—Matters Relating to Russia 

Sec. 1231. Extension of limitation on military cooperation between the United 

States and the Russian Federation. 

Deadline. 

5 USC 5101 note. 


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Sec. 1232. Extension of Ukraine Security Assistance Initiative. 

Sec. 1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises. 

Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian 

Federation over Crimea. 

Sec. 1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member. 

Subtitle E—Matters Relating to the Indo-Pacific Region 

Sec. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative. 

Sec. 1242. Extension and modification of Pacific Deterrence Initiative. 

Sec. 1243. Modification of annual report on military and security developments involving the People’s Republic of China. 

Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. 

Sec. 1245. Cooperative program with Vietnam to account for Vietnamese personnel 

missing in action. 

Sec. 1246. Sense of Congress on Taiwan defense relations. 

Sec. 1247. Statement of policy on Taiwan. 

Sec. 1248. Annual report on Taiwan asymmetric capabilities and intelligence support. 

Sec. 1249. Feasibility briefing on cooperation between the National Guard and Taiwan. Sec. 1250. Feasibility report on establishing military-to-military crisis communications capabilities. 

Sec. 1251. Comparative analyses and reports on efforts by the United States and 

the People’s Republic of China to advance critical modernization technology with respect to military applications. 

Sec. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region. 

Subtitle A—Assistance and Training 

SEC. 1201. ADMINISTRATIVE SUPPORT AND PAYMENT OF CERTAIN 

EXPENSES FOR COVERED FOREIGN DEFENSE PERSONNEL. 

(a) IN GENERAL.—Subchapter IV of chapter 16 of title 10, 

United States Code, is amended by adding at the end the following 

new section: 

‘‘§ 334. Administrative support and payment of certain 

expenses for covered foreign defense personnel 

‘‘(a) IN GENERAL.—The Secretary of Defense may— 

‘‘(1) provide administrative services and support to the 

United Nations Command for the performance of duties by 

covered foreign defense personnel during the period in which 

the covered foreign defense personnel are assigned to the 

United Nations Command or the Neutral Nations Supervisory 

Commission in accordance with the Korean War Armistice 

Agreement of 1953; and 

‘‘(2) pay the expenses specified in subsection (b) for covered 

foreign defense personnel who are— 

‘‘(A) from a developing country; and 

‘‘(B) assigned to the headquarters of the United Nations 

Command. 

‘‘(b) TYPES OF EXPENSES.—The types of expenses that may 

be paid under the authority of subsection (a)(2) are the following: 

‘‘(1) Travel and subsistence expenses directly related to 

the duties of covered foreign defense personnel described in 

subsection (a)(2) in connection with the assignment of such 

covered foreign defense personnel. 

‘‘(2) Personal expenses directly related to carrying out such 

duties. 

10 USC 334. 


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‘‘(3) Expenses for medical care at a military medical facility. 

‘‘(4) Expenses for medical care at a civilian medical facility, 

if— 

‘‘(A) adequate medical care is not available to such 

covered foreign defense personnel at a local military medical treatment facility; 

‘‘(B) the Secretary determines that payment of such 

medical expenses is necessary and in the best interests 

of the United States; and 

‘‘(C) medical care is not otherwise available to such 

covered foreign defense personnel pursuant to a treaty 

or any other international agreement. 

‘‘(5) Mission-related travel expenses, if— 

‘‘(A) such travel is in direct support of the national 

interests of the United States; and 

‘‘(B) the Commander of the United Nations Command 

directs round-trip travel from the headquarters of the 

United Nations Command to one or more locations. 

‘‘(c) REIMBURSEMENT.—The Secretary may provide the administrative services and support and pay the expenses authorized by 

subsection (a) with or without reimbursement. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘administrative services and support’ means 

base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying 

services, computer support, communication services, fire and 

police protection, postal services, bank services, transportation 

services, housing and temporary billeting (including ancillary 

services), specialized clothing required to perform assigned 

duties, temporary loan of special equipment, storage services, 

training services, and repair and maintenance services. 

‘‘(2) The term ‘covered foreign defense personnel’ means 

members of the military of a foreign country who are assigned 

to— 

‘‘(A) the United Nations Command; or 

‘‘(B) the Neutral Nations Supervisory Commission. 

‘‘(3) The term ‘developing country’ has the meaning given 

the term in section 301(4) of this title. 

‘‘(4) The term ‘Neutral Nations Supervisory Commission’ 

means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean 

War Armistice Agreement of 1953 or its subsequent agreements. 

‘‘(5) The term ‘United Nations Command’ means the headquarters of the United Nations Command, the United Nations 

Command Military Armistice Commission, the United Nations 

Command-Rear, and the United Nations Command Honor 

Guard.’’. 

(b) CONFORMING AMENDMENT.—The table of sections at the 

beginning of subchapter IV of chapter 16 of title 10, United States 

Code, is amended by adding at the end the following new item: 

‘‘334. Administrative support and payment of certain expenses for covered foreign 

defense personnel.’’. 

SEC. 1202. AUTHORITY FOR CERTAIN REIMBURSABLE INTERCHANGE 

OF SUPPLIES AND SERVICES. 

Section 2571 of title 10, United States Code, is amended— 

10 USC 331 prec. 


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(1) by amending subsection (b) to read as follows: 

‘‘(b)(1) If its head approves, a department or organization within 

the Department of Defense may, upon request, perform work and 

services for, or furnish supplies to, any other of those departments 

or organizations, with or without reimbursement or transfer of 

funds. 

‘‘(2) Use of the authority under this section for reimbursable 

support is limited to support for the purpose of providing assistance 

to a foreign partner pursuant to section 333 and section 345 of 

this title.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(e)(1) An order placed by a department or organization on 

a reimbursable basis pursuant to subsection (b) shall be considered 

to be an obligation in the same manner as an order placed under 

section 6307 of title 41. 

‘‘(2) Amounts received as reimbursement shall be credited in 

accordance with section 2205 of this title to the appropriation 

of the supporting department or organization used in incurring 

the obligation in the year or years that support is provided.’’. 

SEC. 1203. EXTENSION OF SUPPORT OF SPECIAL OPERATIONS FOR 

IRREGULAR WARFARE. 

Section 1202(a) of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639) is amended 

by striking ‘‘2023’’ and inserting ‘‘2025’’. 

SEC. 1204. MODIFICATION AND EXTENSION OF BIENNIAL COMPTROLLER GENERAL OF THE UNITED STATES AUDITS OF 

PROGRAMS TO BUILD THE CAPACITY OF FOREIGN SECURITY FORCES. 

Section 1205(f) of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘and 2020’’ and inserting ‘‘, 2020, and 

2022’’; and 

(B) by striking ‘‘section 2282 of title 10, United States 

Code (as so added)’’ and inserting ‘‘subsections (a)(1) and 

(e)(7)(B) of section 333 of title 10, United States Code’’; 

and 

(2) in paragraph (2)— 

(A) by redesignating subparagraph (E) as subparagraph (H); and 

(B) by inserting after subparagraph (D) the following: 

‘‘(E) An evaluation of coordination by the Department 

of Defense with foreign countries under the program or 

programs, as applicable. 

‘‘(F) A description and evaluation of the methodology 

used by the Department of Defense to evaluate the 

effectiveness of training under the program or programs. 

‘‘(G) An analysis of the methodology used by the 

Department of Defense to evaluate the effectiveness of 

the program or programs to develop the institutional 

capacity of the foreign countries.’’. 

128 Stat. 3537. 


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SEC. 1205. TEMPORARY AUTHORITY TO PAY FOR TRAVEL AND SUBSISTENCE EXPENSES OF FOREIGN NATIONAL SECURITY 

FORCES PARTICIPATING IN THE TRAINING PROGRAM OF 

THE UNITED STATES-COLOMBIA ACTION PLAN FOR 

REGIONAL SECURITY. 

(a) AUTHORITY.—For fiscal year 2022, the Secretary of Defense 

is authorized to pay for the travel, subsistence, and similar personnel expenses of the national security forces of a friendly foreign 

country to participate in the training program of the United StatesColombia Action Plan for Regional Security conducted at a facility 

in Colombia. 

(b) NOTIFICATION.—Not later than 15 days before the exercise 

of the authority under subsection (a), the Secretary shall provide 

to the congressional defense committees a written notification that 

includes the following: 

(1) An identification of the foreign country, and the specific 

unit of the national security forces of such country, the capacity 

of which will be built by participating in such training program. 

(2) The amount of support to be provided under that subsection. 

(3) An identification of the United States equipment purchased or acquired by such foreign country, for the use of 

which training is being provided under such training program. 

(4) A description of the specific capabilities to be built 

through such training program with such support. 

(5) A detailed description of the manner in which building 

the capabilities of such country through such training program 

advances the national security interests of the United States. 

(6) A detailed assessment of the effectiveness of such 

training program in meeting Department of Defense requirements for building the capacity of such country. 

(c) SOURCE OF FUNDS.—Of the amounts authorized to be appropriated for fiscal year 2022 for the Department of Defense for 

operation and maintenance, Defense-wide, the Secretary may obligate or expend not more than $2,000,000 to pay for expenses 

described in subsection (a) for such fiscal year. 

(d) LIMITATION.—The provision of support under subsection 

(a) shall be subject to section 362 of title 10, United States Code. 

SEC. 1206. SECURITY COOPERATION STRATEGY FOR CERTAIN COMBATANT COMMANDS. 

(a) IN GENERAL.—The Secretary of Defense, in coordination 

with the Secretary of State, shall develop and implement a security 

cooperation strategy for each covered combatant command, which 

shall apply to the security cooperation programs and activities 

of the Department of Defense (as defined in section 301 of title 

10, United States Code). 

(b) ELEMENTS.—The strategy for each covered combatant command required by subsection (a) shall include the following: 

(1) A discussion of how the strategy will— 

(A) support and advance United States national security interests in strategic competition with near-peer rivals; 

(B) prioritize and build key capabilities of allied and 

partner security forces so as to enhance bilateral and multilateral interoperability and responsiveness; 

(C) prioritize and build the capabilities of foreign 

partner security forces to secure their own territory, 

Coordination. 

10 USC 301 note. 

Assessment. 

Deadline. 


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including through operations against violent extremist 

groups; 

(D) promote and build institutional capabilities for 

observance of, and respect for— 

(i) the law of armed conflict; 

(ii) human rights and fundamental freedoms; 

(iii) the rule of law; and 

(iv) civilian control of the military; and 

(E) support the programs and activities of law enforcement and civilian agencies, as appropriate, to counter the 

threat of and reduce risks from illicit drug trafficking and 

other forms of transnational organized crime. 

(2) A statement of the security cooperation strategic objectives for— 

(A) the covered combatant command; and 

(B) the covered combatant command in conjunction 

with other covered combatant commands. 

(3) A description of the primary security cooperation lines 

of effort for achieving such strategic objectives, including 

prioritization of foreign partners within the covered combatant 

command. 

(4) A description of the Department of Defense authorities 

to be used for each such line of effort and the manner in 

which such authorities will contribute to achieving such strategic objectives. 

(5) A description of the institutional capacity-building programs and activities within the covered combatant command 

and an assessment of the manner in which such programs 

and activities contribute to achieving such strategic objectives. 

(6) A description of Department of Defense educational 

programs and institutions, and international institutions, relevant to the combatant command and an assessment of the 

manner in which such programs and institutions contribute 

to achieving such strategic objectives. 

(7) A discussion of the manner in which the development, 

planning, and implementation of programs or activities under 

Department of Defense security cooperation authorities are 

coordinated and deconflicted with security assistance and other 

assistance authorities of the Department of State and other 

civilian agencies. 

(c) REPORTS.— 

(1) INITIAL REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the appropriate committees of Congress a report 

on the security cooperation strategy for each covered combatant 

command developed under subsection (a). 

(2) SUBSEQUENT REPORTS.—Beginning in fiscal year 2023, 

and annually thereafter through fiscal year 2027, concurrently 

with the submittal of the report required by section 386(a) 

of title 10, United States Code, the Secretary of Defense shall 

submit to the appropriate committees of Congress a report 

on the implementation of the security cooperation strategy for 

each covered combatant command developed under subsection 

(a). 

(d) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

Time period. 


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(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Committee on Appropriations 

of the House of Representatives. 

(2) COVERED COMBATANT COMMAND.—The term ‘‘covered 

combatant command’’ means— 

(A) the United States European Command; 

(B) the United States Indo-Pacific Command; 

(C) the United States Central Command; 

(D) the United States Africa Command; 

(E) the United States Southern Command; and 

(F) the United States Northern Command. 

SEC. 1207. REPORT ON SECURITY COOPERATION PROGRAMS. 

(a) IN GENERAL.—Not later than 1 year after the date of the 

enactment of this Act, the Comptroller General of the United States 

shall submit to the congressional defense committees a report that— 

(1) reviews the existing requirements for conducting human 

rights training of foreign national security forces pursuant to 

security cooperation authorities under chapter 16 of title 10, 

United States Code; 

(2) reviews current Department of Defense practices and 

procedures for collecting data under such authorities for purposes of assessing, monitoring, and evaluating the effectiveness 

of such human rights training programs and assessing compliance with section 362 of title 10, United States Code; and 

(3) evaluates the effectiveness of human rights training 

described in paragraph (1) to contribute to United States 

national security objectives. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) may include recommendations for measures to improve 

the effectiveness of human rights training or to promote observation 

of and respect for human rights and fundamental freedoms, the 

rule of law, and civilian control of the military. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

Subtitle B—Matters Relating to 

Afghanistan and Pakistan 

SEC. 1211. SENSE OF CONGRESS ON THE SERVICE OF UNITED STATES 

ARMED FORCES SERVICEMEMBERS IN AFGHANISTAN. 

It is the sense of Congress that— 

(1) the servicemembers of the United States Armed Forces 

who served in Afghanistan represent the very best of the United 

States; 

(2) the service of those who returned home from war with 

wounds seen and unseen and those who died in defense of 

the Nation are not forgotten; 

(3) the United States honors these brave members of the 

Armed Forces and their families; and 

(4) the United States shall never forget the services they 

rendered and the sacrifices they and their families made in 

the defense of a grateful Nation. 

Evaluation. 

Reviews. 


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SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY FOR 

REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR 

SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS. 

Section 1233 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended— 

(1) in subsection (a), by striking ‘‘for the period beginning 

on October 1, 2020, and ending on December 31, 2021’’ and 

inserting ‘‘for the period beginning on October 1, 2021, and 

ending on December 31, 2022’’; and 

(2) in subsection (d)— 

(A) by striking ‘‘during the period beginning on October 

1, 2020, and ending on December 31, 2021’’ and inserting 

‘‘during the period beginning on October 1, 2021, and 

ending on December 31, 2022’’; and (B) by striking ‘‘$180,000,000’’ and inserting ‘‘$60,000,000’’. 

SEC. 1213. PROHIBITION ON TRANSFER OF DEPARTMENT OF DEFENSE 

FUNDS OR RESOURCES TO THE TALIBAN. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available to the Department 

of Defense may be made available— 

(1) to provide any funds or resources to the Taliban; or 

(2) to conduct any military cooperation or sharing of military intelligence with the Taliban, unless the Secretary of 

Defense determines that such cooperation or sharing advances 

the national security interests of the United States. 

(b) NOTIFICATION.—–— (1) SUBMISSION REQUIRED.—If the Secretary makes an 

affirmative determination described in subsection (1)(a), the 

Secretary shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a written 

description of the military cooperation or military intelligence 

that was shared with the Taliban pursuant to such determination, not later than 5 days after the date of such cooperation 

or sharing. The Secretary shall include with such description 

any other matter the Secretary determines relevant. 

(2) FORM.—The information described in paragraph (1) 

shall be submitted in an unclassified format and may include 

a classified annex. 

SEC. 1214. PROHIBITION ON TRANSPORTING CURRENCY TO THE 

TALIBAN OR THE ISLAMIC EMIRATE OF AFGHANISTAN. 

None of the amounts authorized to be appropriated by this 

Act or otherwise made available to the Department of Defense 

may be made available for the operation of any aircraft of the 

Department of Defense to transport currency or other items of 

value to the Taliban, the Islamic Emirate of Afghanistan, or any 

subsidiary, agent, or instrumentality of either the Taliban or the 

Islamic Emirate of Afghanistan. 

SEC. 1215. PROHIBITION ON REMOVAL OF PUBLICLY AVAILABLE 

ACCOUNTINGS OF MILITARY ASSISTANCE PROVIDED TO 

THE AFGHAN SECURITY FORCES. 

None of the funds authorized to be appropriated by this Act 

or otherwise made available for the Department of Defense for 

fiscal year 2022 may be used to remove from the website of the 

10 USC 2241 

note. 

Determination. 

Deadline. 

10 USC 2241 

note. 


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Department of Defense or any other agency publicly available 

accountings of military assistance provided to the Afghan security 

forces that was publicly available online as of July 1, 2021. 

SEC. 1216. JOINT REPORT ON USING THE SYNCHRONIZED 

PREDEPLOYMENT AND OPERATIONAL TRACKER (SPOT) 

DATABASE TO VERIFY AFGHAN SIV APPLICANT INFORMATION. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to appropriate congressional committees 

a joint report on the use of the Department of Defense Synchronized 

Predeployment and Operational Tracker database (in this section 

referred to as the ‘‘SPOT database’’) to verify the existence, for 

the purpose of determining eligibility for special immigrant visa 

(SIV) program, of— 

(1) Department of Defense contracts; 

(2) employment of Afghans who worked for the United 

States Government; and 

(3) biographic data. 

(b) ELEMENTS OF JOINT REPORT.—The joint report required 

under subsection (a) shall— 

(1) evaluate the improvements in the SIV process following 

the use of the SPOT database to verify SIV applications, 

including the extent to which use of SPOT expedited SIV processing, reduced the risk of fraudulent documents, and the extent 

to which the SPOT database could be used for future SIV 

programs; 

(2) identify obstacles that persisted in documenting the 

identity and employment of locally employed staff and contractors after the use of the SPOT database in the SIV process; 

and 

(3) recommend the changes to the SPOT database that 

would be necessary to make it a centralized interagency database of personnel and employment data that can be used to 

adjudicate SIV eligibility for those employed under United 

States Government contracts, grants, or cooperative agreements. 

(c) CONSULTATION.—For the purposes of preparing the joint 

report required under this section, the Secretary of Defense and 

the Secretary of State shall consult with the Administrator of 

the United States Agency for International Development and the 

Secretary of Homeland Security. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the Committee on Armed Services and the Committee on Foreign 

Relations of the Senate and the Committee on Armed Services 

and the Committee on Foreign Affairs of the House of Representatives. 

SEC. 1217. REPORT AND BRIEFING ON UNITED STATES EQUIPMENT, 

PROPERTY, AND CLASSIFIED MATERIAL THAT WAS 

DESTROYED OR ABANDONED IN THE WITHDRAWAL FROM 

AFGHANISTAN. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense, in consultation 

with the Secretaries of the military departments and the Commander of United States Central Command, shall submit to the 

Consultation. 

Recommendation. 

Evaluation. 

Determination. 


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congressional defense committees a report regarding the covered 

United States equipment, property, and classified material and 

money in cash that was destroyed or abandoned in Afghanistan 

or removed from Afghanistan during the covered period. Such report 

shall include each of the following: 

(1) A determination of the value of the covered United 

States equipment, property, and classified material that was 

destroyed or abandoned, disaggregated by military department 

and itemized to the most specific feasible level. 

(2) An itemized list of destroyed or abandoned aircraft 

in Afghanistan and the location and condition of aircraft flown 

out of Afghanistan formerly possessed by the Afghan Air Force 

or the former government of Afghanistan. 

(3) An itemized list of destroyed or abandoned weapons, 

weapon systems, components of weapons or weapon systems, 

ammunition, explosives, missiles, ordnance, bombs, mines, or 

projectiles, disaggregated by military department. 

(4) For each item on a list referred to in paragraphs (2) 

and (3), an explanation of the legal authority relied upon to 

destroy or abandon that specific item. 

(5) An evaluation of the capabilities of the Taliban postwithdrawal as a result of their seizure of abandoned covered 

United States equipment, property, and classified material, 

including an evaluation of the capabilities of the Taliban postwithdrawal to monetize through the transfer of abandoned 

covered United States equipment, property, and classified material to adversaries of the United States. 

(6) An assessment of aircraft flown out of Afghanistan 

formerly possessed by the Afghan Air Force or the former 

government of Afghanistan that could be returned to the 

Taliban or to the Islamic Emirate of Afghanistan by other 

countries. 

(7) An assessment of the damage to the national security 

interests of the United States as a result of the destroyed 

or abandoned covered United States equipment, property, and 

classified material. 

(8) An assessment of the feasibility of disabling, destroying, 

recovering, or recapturing abandoned covered United States 

equipment, property, and classified material in and outside 

of Afghanistan and any plans to do so. 

(9) Available imagery or photography depicting the Taliban 

or other countries possessing abandoned covered United States 

equipment, property, and classified material. 

(b) EXECUTIVE SUMMARY OF REPORT.—The report required 

under subsection (a) shall include an executive summary of the 

report, which shall be unclassified and made publicly available. 

(c) BRIEFING.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Defense, the Secretaries 

of the military departments, and the Commander of United States 

Central Command shall provide to the congressional defense 

committees a briefing on the report required by this section. 

(d) DEFINITIONS.—In this section: 

(1) COVERED UNITED STATES EQUIPMENT, PROPERTY, AND

CLASSIFIED MATERIAL.—The term ‘‘covered United States equipment, property, and classified material’’ means any of the following items formerly owned by the Government of the United 

Public 

information. 

Assessment. 

Assessment. 

Assessment. 

Evaluation. 

List. 

List. 

Determination. 


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States or provided by the United States to the former government or military of Afghanistan during the covered period: 

(A) Real property, including any lands, buildings, structures, utilities systems, improvements, and appurtenances, 

thereto, including equipment attached to and made part 

of buildings and structures, but not movable equipment. 

(B) Personal property, including property of any kind 

or any interest therein, except real property. 

(C) Equipment, including all nonexpendable items 

needed to outfit or equip an individual or organization. 

(D) Classified information, in any form, including official information that has been determined to require, in 

the interests of national security, protection against 

unauthorized disclosure and which has been so designated. 

(2) COVERED PERIOD.—The term ‘‘covered period’’ means 

the period beginning on February 29, 2020, and ending on 

the date of the enactment of this Act. 

Subtitle C—Matters Relating to Syria, Iraq, 

and Iran 

SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED SYRIAN GROUPS AND 

INDIVIDUALS. 

(a) EXTENSION.—Subsection (a) of section 1209 of the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3451) 

is amended by striking ‘‘December 31, 2021’’ and inserting 

‘‘December 31, 2022’’. 

(b) NOTICE BEFORE PROVISION OF ASSISTANCE.—Subsection 

(b)(2) of such section is amended by striking subparagraph (A) 

and inserting the following: 

‘‘(A) not later than 15 days before the expenditure 

of each 25 percent of the total amount authorized to be 

appropriated in any fiscal year under this section; or’’. 

(c) WAIVER AUTHORITY.—Subsection (l) of such section is 

amended by adding at the end the following: 

‘‘(3) WAIVER AUTHORITY.— ‘‘(A) IN GENERAL.—The President may waive the limitation under paragraph (1)(A) on a per project basis for 

the purposes of providing support authorized under subsection (a)(4) if the President— 

‘‘(i) determines that the waiver is in the national 

security interest of the United States; and 

‘‘(ii) submits to the appropriate congressional 

committees a notification of the exercise of the waiver. 

‘‘(B) NOTICE AND WAIT.— ‘‘(i) IN GENERAL.—A project with respect to which 

the exercise of a waiver under subparagraph (A) 

applies may only be carried out after the end of a 

15-day period beginning at the date on which the 

appropriate congressional committees receive the 

notification required by subparagraph (A)(ii). 

‘‘(ii) MATTERS TO BE INCLUDED.—The notification 

required by subparagraph (A)(ii) shall include the following: 

Applicability. 

Time period. 

Notification. 

Determination. 

President. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1967 

‘‘(I) A detailed plan and cost estimate for the 

project. 

‘‘(II) A certification by the President that facilities and activities relating to the project comply 

with— 

‘‘(aa) the law of armed conflict; 

‘‘(bb) internationally recognized human 

rights; 

‘‘(cc) the principle of non-refoulement; 

‘‘(dd) the Convention Against Torture and 

Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on 

December 10, 1984); and 

‘‘(ee) the United Nations Convention 

Relating to the Status of Refugees, done at 

Geneva July 28, 1951 (as made applicable by 

the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 

(19 UST6223)). 

‘‘(III) An explanation of the national security 

interest addressed by the project. 

‘‘(iii) APPROPRIATE CONGRESSIONAL COMMITTEES

DEFINED.—In this subparagraph, the term ‘appropriate 

congressional committees’ means— 

‘‘(I) the congressional defense committees; and 

‘‘(II) the Committee on Committee on Foreign 

Relations of the Senate and the Committee on 

Foreign Affairs of the House of Representatives. 

‘‘(C) UPDATE TO PLAN AND COST ESTIMATE.—Upon 

obligation of any funds to carry out a project with respect 

to which the exercise of a waiver under subparagraph 

(A) applies, the Secretary of Defense shall submit to the 

congressional defense committees an update to the plan 

and cost estimate for the project as required by subparagraph (B)(ii)(I). 

‘‘(D) SUNSET.—The waiver authority under this paragraph shall expire on December 31, 2022.’’. 

(d) TECHNICAL AMENDMENT.—The table of contents for the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3293) 

is amended by striking the item relating to section 1209 and 

inserting the following: 

‘‘Sec. 1209. Authority to provide assistance to vetted Syrian groups and individuals.’’. 

SEC. 1222. DEFENSE AND DIPLOMATIC STRATEGY FOR SYRIA. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the President, acting through the 

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

shall submit to the appropriate congressional committees a report 

that contains a description of the United States defense and diplomatic strategy for Syria. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following elements: 

(1) A United States diplomatic strategy for Syria, including 

a description of the desired diplomatic objectives for advancing 

United States national interests in Syria, desired end-goals, 

President. 

Applicability. 

Certification. 

President. 

Compliance. 

Plan. 

Cost estimate. 


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135 STAT. 1968 PUBLIC LAW 117–81—DEC. 27, 2021 

and a description of the intended diplomatic and related foreign 

policy means to achieve such objectives, including engagement 

with key foreign actors operating in Syria such as Russia 

and Turkey. 

(2) A United States defense strategy for Syria, including 

a description of the security objectives the United States aims 

to achieve, including the objectives and desired end-state for 

the United States military presence in northeast Syria, envisioned transition timeline for security responsibilities to the 

Syrian Democratic Forces (SDF), and status of remaining ISIS 

elements, strategy to mitigate Turkish-SDF tensions, and a 

long-term approach to managing the threat of Iranian-aligned 

militias and forces operating in Syria to United States partners 

and interests. 

(3) A description of United States strategy and objectives 

for United States military support to and coordination with 

the Jaysh Maghawir al-Thawra (‘‘MaT’’) including transition 

plan and operational needs in and around Al-Tanf. 

(4) A plan for enduring security of ISIS detainees currently 

held in SDF secured facilities (including so-called ‘‘third country 

fighters’’ as well as Iraqi and Syrian national ISIS detainees) 

accounting for security of personnel and facilities involved. 

(5) A diplomatic strategy for securing the repatriation of 

remaining ISIS ‘‘third country fighters’’ to countries of origin, 

including a comprehensive breakdown of each country of origin 

and number of detainees yet to be repatriated. 

(6) A plan for the resettlement and disposition of ISIS 

connected women and children in remaining detention facilities, 

including roles and responsibilities of counter-ISIS coalition 

partners. 

(7) A detailed assessment of the security and humanitarian 

situation at the internally displaced persons camp at Rukban, 

including an overview of international efforts to reduce the 

camp’s population and United States policy options to ameliorate the situation. 

(8) A plan for diplomatic and humanitarian engagement 

with regional partners and multilateral institutions to ensure 

successful and safe delivery of continued humanitarian assistance to non-regime held areas of Syria. 

(9) An assessment of United States efforts to prevent 

normalization and rehabilitation of the Assad regime, to include 

addressing recent outreach to the Assad regime by United 

States partners. 

(10) An assessment of United States diplomatic efforts 

to prevent Syria’s re-entry into the Arab League. 

(11) An assessment of progress towards meeting the criteria 

specified in paragraphs (1) through (7) of section 7431(a) of 

the Caesar Syria Civilian Protection Act of 2019 (Public Law 

116–92; 133 Stat. 2297), required for suspension of sanctions 

against the Assad regime. 

(12) An assessment of United States efforts to seek accountability for the Assad regime’s crimes against the Syrian people, 

to include unlawful detention, forced disappearance, torture, 

starvation, and the use of chemical weapons. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

Assessment. 

Assessment. 

Assessment. 

Assessment. 

Plan. 

Assessment. 

Plan. 

Plan. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1969 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives. 

SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF 

IRAQ AND SYRIA. 

(a) IN GENERAL.—Subsection (a) of section 1236 of the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558) 

is amended by striking ‘‘December 31, 2021’’ and inserting 

‘‘December 31, 2022’’. 

(b) FUNDING.—Subsection (g) of such section is amended— 

(1) by striking ‘‘fiscal year 2021’’ and inserting ‘‘fiscal year 

2022’’; and 

(2) by striking ‘‘$322,500,000’’ and inserting ‘‘$345,000,000’’. 

(c) ASSESSMENT AND AUTHORITY TO ASSIST DIRECTLY CERTAIN

COVERED GROUPS.—Subsection (l)(1)(B) of such section is 

amended— 

(1) by striking clause (ii); 

(2)(A) by redesignating clauses (iii) through (vi) as clauses 

(ii) through (v), respectively; and 

(B) by redesignating clause (vii) as clause (xi); 

(3) in clause (iv), as redesignated, by striking ‘‘, and once 

established, the Iraqi Sunni National Guard’’; and 

(4) by inserting after clause (v), as redesignated, the following: 

‘‘(vi) Whether the Shia militias are gaining new 

malign capabilities or improving such capabilities, and 

whether the Government of Iraq is acting to counter 

or suppress those capabilities. 

‘‘(vii) Whether the Government of Iraq is acting 

to ensure the safety of United States Government personnel and citizens, as well as the safety of United 

States facilities. 

‘‘(viii) Whether the Government of Iraq is ensuring 

the safe and voluntary return of ethno-religious 

minority populations to their home communities in 

the Nineveh Plains region of Iraq. 

‘‘(ix) Whether the Government of Iraq has provided 

support and funding to institutionalize and make 

permanent local, representative, and regionally-based 

security forces. 

‘‘(x) An assessment of the impact of the Iraq and 

Syria Genocide Relief and Accountability Act of 2018 

(Public Law 115–300) on return rates of vulnerable, 

indigenous, ethno-religious groups, including Assyrians 

and Yazidis, in those areas of the Nineveh Plains 

region of Iraq in which assistance has been provided 

pursuant to subsection (a).’’. 


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135 STAT. 1970 PUBLIC LAW 117–81—DEC. 27, 2021 

(d) WAIVER AUTHORITY.—Such section, as so amended, is further amended by adding at the end the following: 

‘‘(o) WAIVER AUTHORITY.— 

‘‘(1) IN GENERAL.—The President may waive the dollar 

amount limitation in subsection (a) with respect to a construction, repair, or renovation project for the purposes of providing 

the support described in paragraph (2) if the President— 

‘‘(A) determines that the waiver is in the national 

security interest of the United States; and 

‘‘(B) submits to the appropriate congressional committees a notification of the exercise of the waiver. 

‘‘(2) SUPPORT DESCRIBED.—The support described in this 

paragraph is support relating to temporary humane detention 

of Islamic State of Iraq and Syria foreign terrorist fighters 

in accordance with all laws and obligations relating to the 

provision of such support, including, as applicable— 

‘‘(A) the law of armed conflict; 

‘‘(B) internationally recognized human rights; 

‘‘(C) the principle of non-refoulement; 

‘‘(D) the Convention Against Torture and Other Cruel, 

Inhuman or Degrading Treatment or Punishment (done 

at New York on December 10, 1984); and 

‘‘(E) the United Nations Convention Relating to the 

Status of Refugees, done at Geneva July 28, 1951 (as 

made applicable by the Protocol Relating to the Status 

of Refugees, done at New York January 31, 1967 (19 

UST6223)). 

‘‘(3) NOTICE AND WAIT.— 

‘‘(A) IN GENERAL.—A project with respect to which the 

exercise of a waiver under paragraph (1) applies may only 

be carried out after the end of a 15-day period beginning 

at the date on which the appropriate congressional committees receive the notification required by paragraph (1)(B). 

‘‘(B) MATTERS TO BE INCLUDED.—The notification 

required by paragraph (1)(B) shall include the following: 

‘‘(i) A detailed plan and cost estimate for the 

project. 

‘‘(ii) A certification by the President that facilities 

and activities relating to the project comply with the 

laws and obligations described in paragraph (2). 

‘‘(iii) An explanation of the national security 

interest addressed by the project. 

‘‘(C) APPROPRIATE CONGRESSIONAL COMMITTEES

DEFINED.—In this paragraph, the term ‘appropriate 

congressional committees’ means— 

‘‘(i) the congressional defense committees; and 

‘‘(ii) the Committee on Foreign Relations of the 

Senate and the Committee on Foreign Affairs of the 

House of Representatives. 

‘‘(4) UPDATE TO PLAN AND COST ESTIMATE.—Upon obligation 

of any funds to carry out a project with respect to which 

the exercise of a waiver under paragraph (1) applies, the Secretary of Defense shall submit to the congressional defense 

committees an update to the plan and cost estimate for the 

project as required by paragraph (3)(B)(i). 

‘‘(5) SUNSET.—The waiver authority under this subsection 

shall expire on December 31, 2022.’’. 

Applicability. 

Certification. 

President. 

Plan. 

Cost estimate. 

Applicability. 

Time period. 

Notification. 

Determination. 

President. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1971 

(e) RESTRICTION ON COUNTER-ISIS TRAIN AND EQUIP FUND.— 

Amounts authorized to be appropriated by this Act or the amendments made by this Act or otherwise made available for any fiscal 

year to the Counter-Islamic State of Iraq and Syria Train and 

Equip Fund are authorized to be made available only in support 

of partner forces eligible to receive assistance under section 1209(a) 

of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 

Stat. 3541) or subsection (a) of section 1236 of such Act, as amended 

by subsection (a) of this section. 

(f) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, in 

consultation with the heads of other relevant Federal departments and agencies, shall submit to appropriate congressional 

committees a report that contains the following: 

(A) A comprehensive strategy and plan to train and 

build lasting and sustainable military capabilities of the 

Iraqi security forces, including the Kurdish Peshmerga, 

using existing authorities, which may include a memorandum of understanding with the Ministry of Peshmerga 

Affairs in coordination with the Government of Iraq. 

(B) A plan to engage the Government of Iraq and 

the Kurdistan Regional Government in security sector 

reform and strengthen and sustainably build the capacity 

of Iraq’s national defense and security institutions, 

including the Kurdish Peshmerga. 

(C) A description of the current status, capabilities, 

and operational capacity of remaining Islamic State of Iraq 

and Syria elements active in Iraq and Syria. 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Foreign Affairs of the House 

of Representatives and the Committee on Foreign Relations 

of the Senate. 

SEC. 1224. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF 

SECURITY COOPERATION IN IRAQ. 

(a) LIMITATION ON AMOUNT.—Subsection (c) of section 1215 

of the National Defense Authorization Act for Fiscal Year 2012 

(10 U.S.C. 113 note) is amended by striking ‘‘fiscal year 2021’’ 

and inserting ‘‘fiscal year 2022’’. 

(b) SOURCE OF FUNDS.—Subsection (d) of such section is 

amended by striking ‘‘fiscal year 2021’’ and inserting ‘‘fiscal year 

2022’’. 

(c) LIMITATION ON AVAILABILITY OF FUNDS.—Subsection (h) of 

such section is amended to read as follows: 

‘‘(h) LIMITATION ON AVAILABILITY OF FUNDS.—Of the amount 

authorized to be appropriated by this Act for fiscal year 2022 

to carry out this section, not more than $10,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq 

until the date on which the Secretary of Defense provides to the 

Reports. 

Plan. 

Strategy. 

Plan. 

Consultation. 

10 USC 2241 

note. 


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135 STAT. 1972 PUBLIC LAW 117–81—DEC. 27, 2021 

congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the 

House of Representatives a report that— 

‘‘(1) details further steps to reorganize the Office in a 

manner similar to that of other security cooperation offices 

in the region and indicates whether such reorganization will 

be achieved by 2023; 

‘‘(2) describes progress made toward the continuation of 

bilateral engagement with the Government of Iraq, with the 

objective of establishing a joint mechanism for security assistance planning; 

‘‘(3) includes a five-year security assistance roadmap for 

developing sustainable military capacity and capabilities and 

enabling defense institution building and reform; and 

‘‘(4) describes progress made toward, and a timeline for, 

the transition of the preponderance of funding for the activities 

of the Office from current sources to the Foreign Military 

Financing Administrative Fund and the Foreign Military Sales 

Trust Fund Administrative Surcharge Account in future years.’’. 

SEC. 1225. PROHIBITION ON TRANSFERS TO BADR ORGANIZATION. 

None of the amounts authorized to be appropriated by this 

Act or otherwise made available to the Department of Defense 

may be made available, directly or indirectly, to the Badr Organization. 

SEC. 1226. PROHIBITION ON TRANSFERS TO IRAN. 

None of the amounts authorized to be appropriated by this 

Act or otherwise made available to the Department of Defense 

may be made available to transfer or facilitate a transfer of pallets 

of currency, currency, or other items of value to the Government 

of Iran, any subsidiary of such Government, or any agent or 

instrumentality of Iran. 

SEC. 1227. REPORT ON THE MILITARY CAPABILITIES OF IRAN AND 

RELATED ACTIVITIES. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Director of National Intelligence 

shall submit to the appropriate congressional committees a report 

that includes the following: 

(1) A detailed description of each of the following: 

(A) Advancements in the military capabilities of Iran, 

including capabilities of the Islamic Revolutionary Guard 

Corps, the Quds Force, the Artesh, and the Basij. 

(B) All known instances of the supply, sale, or transfer 

of arms or related materiel, including spare parts, to or 

from Iran. 

(C) All known instances of missile launches by Iran, 

including for the purposes of testing and development or 

use in military operations. 

(D) Changes to the military capabilities of Iran-backed 

groups, most notably Lebanese Hezbollah, Asa’ib ahl alHaq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid alShuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr 

Organization, the Fatemiyoun, the Zainabiyoun, and Ansar 

Allah (also known as the Houthis). 

Assessment. (2) An assessment of each of the following: 

10 USC 2241 

note. 

10 USC 2241 

note. 

Time period. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1973 

(A) Impacts that the imposition or revocation of unilateral United States economic sanctions on Iran may have 

on the military capabilities of entities described in subparagraphs (A) and (D) of paragraph (1). 

(B) Acts of violence and intimidation that Iranianbacked militias in Iraq have committed against Iraqi 

civilians. 

(C) The threat that Iranian-backed militias in Iraq 

pose to United States personnel in Iraq and in the Middle 

East, including United States Armed Forces and diplomats. 

(D) The threat Iranian-backed militias in Iraq pose 

to United States partners in the region. 

(E) The role that Iranian-backed militias in Iraq, 

including the Badr Organization, play in Iraq’s armed 

forces and security services, including Iraq’s Popular 

Mobilization Forces. 

(F) The United Nations arms embargo on Iran’s ability 

to supply, sell, or transfer, directly or indirectly, arms 

or related materiel while the embargo was in effect. 

(G) Iran’s use of kidnapping operations against United 

States citizens and an analysis of opportunities to counter 

such actions or impose costs on Iran. 

(b) TIME PERIOD.—Except as otherwise provided, the report 

required by subsection (a) shall cover developments during the 

period beginning in June 2018 and ending on the day before the 

date on which the report is submitted. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; 

(2) the Committee on Foreign Relations and the Select 

Committee on Intelligence of the Senate; and 

(3) the Committee on Foreign Affairs and the Permanent 

Select Committee on Intelligence of the House of Representatives. 

SEC. 1228. SENSE OF CONGRESS ON ENRICHMENT OF URANIUM BY 

IRAN. 

It is the sense of Congress that— 

(1) the Government of Iran’s decision to enrich uranium 

up to 60 percent purity is a further escalation and shortens 

the breakout time to produce enough highly enriched uranium 

to develop a nuclear weapon; and 

(2) the Government of Iran should immediately abandon 

any pursuit of a nuclear weapon. 

Subtitle D—Matters Relating to Russia 

SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION 

BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION. 

Section 1232(a) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328) is amended by striking 

‘‘2020, or 2021’’ and inserting ‘‘2020, 2021, or 2022’’. 


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135 STAT. 1974 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 1232. EXTENSION OF UKRAINE SECURITY ASSISTANCE INITIATIVE. 

Section 1250 of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended 

as follows: 

(1) In subsection (c)— 

(A) in paragraph (1), by striking ‘‘funds available for 

fiscal year 2021 pursuant to subsection (f)(6)’’ and inserting 

‘‘funds available for fiscal year 2022 pursuant to subsection 

(f)(7)’’; 

(B) in paragraph (3), by striking ‘‘fiscal year 2021’’ 

and inserting ‘‘fiscal year 2022’’; and 

(C) in paragraph (5), by striking ‘‘Of the funds available 

for fiscal year 2021 pursuant to subsection (f)(6)’’ and 

inserting ‘‘Of the funds available for fiscal year 2022 pursuant to subsection (f)(7)’’. 

(2) In subsection (f), by adding at the end the following: 

‘‘(7) For fiscal year 2022, $300,000,000.’’. 

(3) In subsection (h), by striking ‘‘December 31, 2023’’ and 

inserting ‘‘December 31, 2024’’. 

SEC. 1233. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN 

EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE 

OF MULTILATERAL EXERCISES. 

Subsection (h) of section 1251 of the National Defense 

Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is 

amended— 

(1) in the first sentence, by striking ‘‘December 31, 2023’’ 

and inserting ‘‘December 31, 2024’’; and 

(2) in the second sentence, by striking ‘‘the period beginning 

on October 1, 2015, and ending on December 31, 2023’’ and 

inserting ‘‘the period beginning on October 1, 2015, and ending 

on December 31, 2024.’’. 

SEC. 1234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO 

SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER 

CRIMEA. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2022 for the Department of Defense may be obligated or expended 

to implement any activity that recognizes the sovereignty of the 

Russian Federation over Crimea. 

(b) WAIVER.—The Secretary of Defense, with the concurrence 

of the Secretary of State, may waive the prohibition under subsection (a) if the Secretary of Defense— 

(1) determines that a waiver is in the national security 

interest of the United States; and 

(2) on the date on which the waiver is invoked, submits 

a notification of the waiver and a justification of the reason 

for seeking the waiver to— 

(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and 

(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 

Notification. 

Determination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1975 

SEC. 1235. REPORT ON RUSSIAN INFLUENCE OPERATIONS AND CAMPAIGNS TARGETING MILITARY ALLIANCES AND PARTNERSHIPS OF WHICH THE UNITED STATES IS A MEMBER. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act and biennially thereafter until April 

1, 2024, the Secretary of Defense and the Secretary of State, in 

coordination with the Director of National Intelligence and the 

heads of any other appropriate departments or agencies, shall 

jointly submit to the appropriate congressional committees a report 

on Russian influence operations and campaigns that target United 

States military alliances and partnerships. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include each of the following: 

(1) An assessment of Russia’s objectives for influence operations and campaigns targeting United States military alliances 

and partnerships, including the North Atlantic Treaty 

Organization, its allies, and partner countries, and how such 

operations and campaigns relate to Russia’s broader strategic 

aims. 

(2) The activities and roles of the Department of Defense 

and Department of State in the United States Government 

strategy to counter such Russian influence operations and campaigns. 

(3) A comprehensive list of specific Russian state and nonstate entities, or those of any other country with which Russia 

may cooperate, involved in supporting such Russian influence 

operations and campaigns and the role of each such entity 

in such support. 

(4) An identification of the tactics, techniques, and procedures used in previous Russian influence operations and campaigns. 

(5) An assessment of the impact of previous Russian influence operations and campaigns targeting United States military 

alliances and partnerships, including the views of senior Russian officials about the effectiveness of such operations and 

campaigns in achieving Russian objectives. 

(6) An identification of each United States ally and partner, 

and each military alliance of which the United States is a 

member, that has been targeted by Russian influence operations 

and campaigns. 

(7) An identification of each United States ally and partner, 

and each military alliance of which the United States is a 

member, that may be targeted in future Russian influence 

operations and campaigns, and an assessment of the likelihood 

that each such ally, partner, or alliance will be targeted. 

(8) An assessment of the capacity and efforts of each United 

States ally and partner, and each military alliance of which 

the United States is a member, to counter Russian influence 

operations and campaigns. 

(9) An identification of tactics, techniques, and procedures 

likely to be used in future Russian influence operations and 

campaigns targeting United States military alliances and partnerships. 

(10) Recommended authorities or activities for the Department of Defense and Department of State in the United States 

Government strategy to counter such Russian influence operations and campaigns. 

Recommendation. 

Assessment. 

Assessment. 

List. 

Assessment. 

Time period. 

Termination 

date. 

Coordination. 


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135 STAT. 1976 PUBLIC LAW 117–81—DEC. 27, 2021 

(11) Any other matters the Secretaries determine appropriate. 

(c) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form and in a manner appropriate for 

release to the public, but may include a classified annex. 

(d) DEFINITIONS.—In this section, the term ‘‘appropriate 

congressional committees’’ means— 

(1) the congressional defense committees; 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence of the Senate; and 

(3) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the 

Senate. 

Subtitle E—Matters Relating to the IndoPacific Region 

SEC. 1241. EXTENSION AND MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE. 

(a) ASSISTANCE AND TRAINING.—Subsection (a)(1) of section 

1263 of the National Defense Authorization Act for Fiscal Year 

2016 (10 U.S.C. 333 note) is amended, in the matter preceding 

subparagraph (A), by striking ‘‘for the purpose of’’ and all that 

follows through ‘‘Indian Ocean’’ and inserting ‘‘with the primary 

goal of increasing multilateral maritime security cooperation and 

maritime domain awareness of foreign countries in the area of 

responsibility of the United States Indo-Pacific Command’’. 

(b) RECIPIENT COUNTRIES.—Subsection (b) of such section is 

amended to read as follows: 

‘‘(b) RECIPIENT COUNTRIES.—The foreign countries that may 

be provided assistance and training under subsection (a) are the 

countries located within the area of responsibility of the United 

States Indo-Pacific Command.’’. 

(c) TYPES OF ASSISTANCE AND TRAINING.—Subsection (c)(1) of 

such section is amended by striking ‘‘small-scale military construction’’ and inserting ‘‘small-scale construction (as defined in section 

301 of title 10, United States Code)’’. 

(d) PRIORITIES FOR ASSISTANCE AND TRAINING.—Subsection (d) 

of such section is amended to read as follows: 

‘‘(d) PRIORITIES FOR ASSISTANCE AND TRAINING.—In developing 

programs for assistance or training to be provided under subsection 

(a), the Secretary of Defense shall prioritize assistance, training, 

or both, to enhance— 

‘‘(1) multilateral cooperation and coordination among 

recipient countries; or 

‘‘(2) the capabilities of a recipient country to more effectively participate in a regional organization of which the 

recipient country is a member.’’. 

(e) INCREMENTAL EXPENSES OF PERSONNEL OF CERTAIN OTHER

COUNTRIES FOR TRAINING.—Subsection (e) of such section is 

amended to read as follows: 

‘‘(e) INCREMENTAL EXPENSES OF PERSONNEL OF RECIPIENT

COUNTRIES FOR TRAINING.—If the Secretary of Defense determines 

that the payment of incremental expenses (as defined in section 

301 of title 10, United States Code) in connection with training 

Determination. 

Reports. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1977 

described in subsection (a)(1)(B) will facilitate the participation 

in such training of organization personnel of recipient countries 

described in subsection (b), the Secretary may use amounts available under subsection (f) for assistance and training under subsection (a) for the payment of such incremental expenses.’’. 

(f) AVAILABILITY OF FUNDS.—Subsection (f) of such section is 

amended to read as follows: 

‘‘(f) AVAILABILITY OF FUNDS.—Of the amounts authorized to 

be appropriated for each of fiscal years 2022 through 2027 for 

the Department of Defense, Operation and Maintenance, Defensewide, $50,000,000 may be made available for the provision of assistance and training under subsection (a).’’. 

(g) LIMITATIONS.—Such section is further amended— 

(1) by striking subsection (i); 

(2) by redesignating subsections (g) and (h) as subsections 

(h) and (i), respectively; and 

(3) by inserting after subsection (f) the following new subsection (g): 

‘‘(g) LIMITATIONS.— 

‘‘(1) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Secretary of Defense may not use the authority in subsection 

(a) to provide any type of assistance described in subsection 

(c) that is otherwise prohibited by any provision of law. 

‘‘(2) PROHIBITION ON ASSISTANCE TO UNITS THAT HAVE COMMITTED GROSS VIOLATIONS OF HUMAN RIGHTS.—The provision 

of assistance pursuant to a program under subsection (a) shall 

be subject to the provisions of section 362 of title 10, United 

States Code. 

‘‘(3) SECURITY COOPERATION.—Assistance, training, and 

exercises with recipient countries described in subsection (b) 

shall be planned and prioritized consistent with applicable guidance relating to the security cooperation program and activities 

of the Department of Defense. 

‘‘(4) ASSESSMENT, MONITORING, AND EVALUATION.—The 

provision of assistance and training pursuant to a program 

under subsection (a) shall be subject to the provisions of section 

383 of title 10, United States Code.’’. 

(h) NOTICE TO CONGRESS ON ASSISTANCE AND TRAINING.—Subsection (h)(1) of such section, as so redesignated, is amended— 

(1) by amending subparagraph (B) to read as follows: 

‘‘(B) A detailed justification of the program for the 

provision of the assistance or training concerned, its relationship to United States security interests, and an explanation of the manner in which such assistance or training 

will increase multilateral maritime security cooperation or 

maritime domain awareness.’’; and 

(2) in subparagraph (G) by striking ‘‘the geographic combatant command concerned’’ and inserting ‘‘the United States IndoPacific Command’’. 

(i) ANNUAL MONITORING REPORT.—Subsection (i) of such section, as so redesignated, is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘March 1, 2020’’ and inserting ‘‘March 1, 2022’’; 

(B) by redesignating subparagraphs (A) through (G) 

as subparagraphs (B) through (H), respectively; 

Time period. 


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135 STAT. 1978 PUBLIC LAW 117–81—DEC. 27, 2021 

(C) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): 

‘‘(A) The overall strategy for improving multilateral 

maritime security cooperation and maritime domain awareness across the theater, including an identification of the 

following: 

‘‘(i) Priority countries and associated capabilities 

across the theater. 

‘‘(ii) Strategic objectives for the Indo-Pacific Maritime Security Initiative across the theater, lines of 

effort, and desired end results for such lines of effort. 

‘‘(iii) Significant challenges to improving multilateral maritime security cooperation and maritime 

domain awareness across the theater and the manner 

in which the United States Indo-Pacific Command is 

seeking to address such challenges.’’; and 

(D) in subparagraph (B), as so redesignated— 

(i) in clause (ii), by striking the semicolon and 

inserting ‘‘; and’’; and 

(ii) by adding at the end the following new clause: 

‘‘(iii) how such capabilities can be leveraged to 

improve multilateral maritime security cooperation and 

maritime domain awareness.’’; and 

(2) in paragraph (2), by striking ‘‘subsection (g)(2)’’ and 

inserting ‘‘subsection (h)(2)’’. 

(j) EXPIRATION.—Subsection (j) of such section is amended by 

striking ‘‘December 31, 2025’’ and inserting ‘‘December 31, 2027’’. 

SEC. 1242. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE 

INITIATIVE. 

(a) EXTENSION.—Subsection (c) of section 1251 of the National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended to read as follows: 

‘‘(c) FUNDING.—Of the amounts authorized to be appropriated 

by the National Defense Authorization Act for Fiscal Year 2022 

for the Department of Defense for fiscal year 2022, there is authorized to be appropriated for the Pacific Deterrence Initiative such 

sums as may be necessary, as indicated in sections 4101, 4201, 

4301, and 4601 of such Act.’’. 

(b) REPORT ON RESOURCING UNITED STATES DEFENSE REQUIREMENTS FOR THE INDO-PACIFIC REGION AND STUDY ON COMPETITIVE

STRATEGIES.—Such section is further amended— 

(1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) REPORT ON RESOURCING UNITED STATES DEFENSE REQUIREMENTS FOR THE INDO-PACIFIC REGION AND STUDY ON COMPETITIVE

STRATEGIES.— 

‘‘(1) REPORT REQUIRED.— 

‘‘(A) IN GENERAL.—At the same time as the submission 

of the budget of the President (submitted to Congress 

pursuant to section 1105 of title 31, United States Code) 

for each of fiscal years 2023 and 2024, the Commander 

of the United States Indo-Pacific Command shall submit 

to the congressional defense committees a report containing 

the independent assessment of the Commander with 


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respect to the activities and resources required, for the 

first fiscal year beginning after the date of submission 

of the report and the four following fiscal years, to achieve 

the following objectives: 

‘‘(i) The implementation of the National Defense 

Strategy with respect to the Indo-Pacific region. 

‘‘(ii) The maintenance or restoration of the 

comparative military advantage of the United States 

with respect to the People’s Republic of China. 

‘‘(iii) The reduction of the risk of executing contingency plans of the Department of Defense. 

‘‘(B) MATTERS TO BE INCLUDED.—The report required 

under subparagraph (A) shall include the following: 

‘‘(i) With respect to the achievement of the objectives described in subparagraph (A), a description of 

the intended force structure and posture of assigned 

and allocated forces in each of the following: 

‘‘(I) West of the International Date Line. 

‘‘(II) In States outside the contiguous United 

States east of the International Date Line. 

‘‘(III) In the contiguous United States. 

‘‘(ii) An assessment of capabilities requirements 

to achieve such objectives. 

‘‘(iii) An assessment of logistics requirements, 

including personnel, equipment, supplies, storage, and 

maintenance needs to achieve such objectives. 

‘‘(iv) An identification of required infrastructure 

and military construction investments to achieve such 

objectives. 

‘‘(v) An assessment of security cooperation activities or resources required to achieve such objectives. 

‘‘(vi)(I) A plan to fully resource United States force 

posture and capabilities, including— 

‘‘(aa) a detailed assessment of the 

resources necessary to address the elements 

described in clauses (i) through (v), including 

specific cost estimates for recommended 

investments or projects— 

‘‘(AA) to modernize and strengthen 

the presence of the United States Armed 

Forces, including those with advanced 

capabilities; 

‘‘(BB) to improve logistics and maintenance capabilities and the pre-positioning 

of equipment, munitions, fuel, and materiel; 

‘‘(CC) to carry out a program of exercises, training, experimentation, and 

innovation for the joint force; 

‘‘(DD) to improve infrastructure to 

enhance the responsiveness and resiliency 

of the United States Armed Forces; 

‘‘(EE) to build the defense and security capabilities, capacity, and cooperation 

of allies and partners; and 

Assessment. 

Plan. 

Assessment. 

Assessment. 

Assessment. 


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‘‘(FF) to improve capabilities available 

to the United States Indo-Pacific Command; 

‘‘(bb) a detailed timeline to achieve the 

intended force structure and posture described 

in clause (i). 

‘‘(II) The specific cost estimates required by 

subclause (I)(aa) shall, to the maximum extent 

practicable, include the following: 

‘‘(aa) With respect to procurement 

accounts— 

‘‘(AA) amounts displayed by account, 

budget activity, line number, line item, 

and line item title; and 

‘‘(BB) a description of the requirements for each such amount. 

‘‘(bb) With respect to research, development, test, and evaluation accounts— 

‘‘(AA) amounts displayed by account, 

budget activity, line number, program element, and program element title; and 

‘‘(BB) a description of the requirements for each such amount. 

‘‘(cc) With respect to operation and 

maintenance accounts— 

‘‘(AA) amounts displayed by account 

title, budget activity title, line number, 

and subactivity group title; and 

‘‘(BB) a description of the specific 

manner in which each such amount would 

be used. 

‘‘(dd) With respect to military personnel 

accounts— 

‘‘(AA) amounts displayed by account, 

budget activity, budget subactivity, and 

budget subactivity title; and 

‘‘(BB) a description of the requirements for each such amount. 

‘‘(ee) With respect to each project under 

military construction accounts (including 

unspecified minor military construction and 

amounts for planning and design), the country, 

location, project title, and project amount for 

each fiscal year. 

‘‘(ff) With respect to any expenditure or 

proposed appropriation not described in items 

(aa) through (ee), a level of detail equivalent 

to or greater than the level of detail provided 

in the future-years defense program submitted 

pursuant to section 221(a) of title 10, United 

States Code. 

‘‘(C) FORM.—The report required under subparagraph 

(A) may be submitted in classified form, but shall include 

an unclassified summary. 

‘‘(D) AVAILABILITY.—Not later than February 1 each 

year, the Commander of the United States Indo-Pacific 

Command shall make the report available to the Secretary 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 1981 

of Defense, the Under Secretary of Defense for Policy, 

the Under Secretary of Defense (Comptroller), the Director 

of Cost Assessment and Program Evaluation, the Chairman 

of the Joint Chiefs of Staff, the Secretaries of the military 

departments, and the chiefs of staff of each military service. 

‘‘(2) BRIEFINGS REQUIRED.— 

‘‘(A) INITIAL BRIEFING.—Not later than 15 days after 

the submission of the budget of the President (submitted 

to Congress pursuant to section 1105 of title 31, United 

States Code) for each of fiscal years 2023 and 2024, the 

Secretary of Defense (acting through the Under Secretary 

of Defense for Policy, the Under Secretary of Defense 

(Comptroller), and the Director of Cost Assessment and 

Program Evaluation) and the Chairman of the Joint Chiefs 

of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs 

of Staff consider necessary, with respect to their assessments of the report submitted under paragraph (1), 

including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of 

that paragraph. 

‘‘(B) SUBSEQUENT BRIEFING.—Not later than 30 days 

after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, 

United States Code) for each of fiscal years 2023 and 

2024, the Secretary of the Air Force, the Secretary of 

the Army, and the Secretary of the Navy shall provide 

to the congressional defense committees a joint briefing, 

and documents as appropriate, with respect to their assessments of the report submitted under paragraph (1), 

including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of 

that paragraph.’’; 

(3) by amending subsection (e), as redesignated, to read 

as follows: 

‘‘(e) PLAN REQUIRED.—At the same time as the submission 

of the budget of the President (submitted to Congress pursuant 

to section 1105 of title 31, United States Code) for each of fiscal 

years 2023 and 2024, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit 

to the congressional defense committees a report on future year 

activities and resources for the Initiative that includes the following: 

‘‘(1) A description of the activities and resources for the 

first fiscal year beginning after the date of submission of the 

report and the plan for not fewer than the four following 

fiscal years, organized— 

‘‘(A) functionally, by the activities described in paragraphs (1) through (5) of subsection (b); and 

‘‘(B) geographically by— 

‘‘(i) areas west of the International Date Line; 

‘‘(ii) States outside the contiguous United States 

east of the International Date Line; and 

‘‘(iii) States in the contiguous United States. 

‘‘(2) A summary of progress made toward achieving the 

purposes of the Initiative. 

Deadline. 

Deadline. 


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135 STAT. 1982 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(3) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability 

to achieve objectives in the region. 

‘‘(4) A detailed timeline to achieve the requirements identified under paragraph (3). 

‘‘(5) A detailed explanation of any significant modifications 

to such requirements, as compared to plans previously submitted under this subsection. 

‘‘(6) Any other matter, as determined by the Secretary.’’; 

and 

(4) in subsection (g), as redesignated, by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’. 

SEC. 1243. MODIFICATION OF ANNUAL REPORT ON MILITARY AND 

SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S 

REPUBLIC OF CHINA. 

Section 1202 of the National Defense Authorization Act for 

Fiscal Year 2000 (10 U.S.C. 113 note) is amended to read as 

follows: 

‘‘SEC. 1202. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA. 

‘‘(a) ANNUAL REPORT.—Not later than January 31 of each year 

through January 31, 2027, the Secretary of Defense, in consultation 

with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a 

report on military and security developments involving the People’s 

Republic of China. 

‘‘(b) MATTERS TO BE INCLUDED.—Each report under this section 

shall include analyses and forecasts, through the next 20 years, 

of the following: 

‘‘(1) The goals, factors, and trends shaping Chinese security 

strategy and military strategy. 

‘‘(2) The role of the People’s Liberation Army in the 

strategy, governance systems, and foreign and economic policies 

of the People’s Republic of China, including the following: 

‘‘(A) Developments in the defense policy and military 

strategy of the People’s Republic of China, and the role 

and mission of the People’s Liberation Army. 

‘‘(B) The role of the People’s Liberation Army in the 

Chinese Communist Party, including the structure and 

leadership of the Central Military Commission. 

‘‘(C) The internal security role and affiliation of the 

People’s Liberation Army with the People’s Armed Police 

and other law enforcement, intelligence, and paramilitary 

entities of the People’s Republic of China, including any 

activities supporting or implementing mass surveillance, 

mass detentions, forced labor, or gross violations of human 

rights. 

‘‘(3) The role of the People’s Liberation Army in, and its 

support of, the overall foreign policy of the People’s Republic 

of China, as expressed through military diplomacy and other 

external actions, activities, and operations, including the following: 

‘‘(A) Chinese military-to-military relationships with 

other countries, including— 


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‘‘(i) Chinese military attache presence, activities, 

exercises, and agreements with the militaries of other 

countries; and 

‘‘(ii) military education programs conducted— 

‘‘(I) in the People’s Republic of China for militaries of other countries; or 

‘‘(II) in other countries for personnel of the 

People’s Liberation Army. 

‘‘(B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s 

Republic of China, including— 

‘‘(i) a forecast of possible future sales and transfers; 

‘‘(ii) the implications of such sales and transfers 

for the security of the United States and its partners 

and allies; and 

‘‘(iii) any significant assistance to and from any 

selling state with military-related research and 

development programs in the People’s Republic of 

China. 

‘‘(C) Relations between the People’s Republic of China 

and the Russian Federation, and between the People’s 

Republic of China and Iran, with respect to security and 

military matters. 

‘‘(4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army. 

‘‘(5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including— 

‘‘(A) the specific roles and missions, organization, 

capabilities, force structure, readiness, and modernization 

efforts of such services, theater-level commands, and paramilitary organizations; 

‘‘(B) A summary of the order of battle of the People’s 

Liberation Army, including ballistic and cruise missile 

inventories; and 

‘‘(C) developments relating to the Chinese Coast Guard, 

including its interactions with the Armed Forces of the 

United States, and the implications for its use as a coercive 

tool in maritime disputes. 

‘‘(7) Developments in the People’s Liberation Army as a 

global actor, such as overseas military basing, military logistics 

capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation 

Army, including— 

‘‘(A) Chinese overseas investments or projects likely, 

or with significant potential, to be converted into military 

or intelligence assets of the People’s Republic of China; 

and 

‘‘(B) efforts by the People’s Republic of China to use 

the People’s Liberation Army to expand its presence and 

influence overseas and the implications of such efforts on 

United States’ national defense and security interests in— 

‘‘(i) Latin America and the Caribbean; 

‘‘(ii) Africa; and 


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‘‘(iii) the Indo-Pacific region, including the Pacific 

Islands. 

‘‘(8) The strategy, policy, development, and modernization 

of key military capabilities of the People’s Republic of China 

across the People’s Liberation Army, including the following: 

‘‘(A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber 

incidents originating from the People’s Republic of China 

against Department of Defense infrastructure) and associated activities originating or suspected to have originated 

from the People’s Republic of China. 

‘‘(B) The space and counter-space programs and 

capabilities. 

‘‘(C) The nuclear program and capabilities, including— 

‘‘(i) its nuclear strategy and associated doctrines; 

‘‘(ii) the size and state of its stockpile and projections of its future arsenals; 

‘‘(iii) its civil and military production capacities; 

and 

‘‘(iv) the modernization and force structure of its 

strategic forces. 

‘‘(D) The anti-access and area denial capabilities . 

‘‘(E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications 

for such program and capabilities for precision-guided 

weapons. 

‘‘(9) Trends and developments in the budget, resources, 

strategies, and policies of the People’s Liberation Army with 

respect to science and technology, defense industry reform, 

and the use of espionage and technology transfers by the People’s Republic of China, including— 

‘‘(A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital 

Silk Road, and any state- owned or state-controlled digital 

or physical infrastructure projects of the People’s Republic 

of China) and Chinese security and military strategy objectives, including— 

‘‘(i) any Chinese investment or project, located in 

any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and 

‘‘(ii) the implications for United States military 

or governmental interests related to denial of access, 

compromised intelligence activities, and network 

advantages of Chinese investments or projects in other 

countries, including in port or port-related infrastructure; and 

‘‘(B) efforts (including by espionage and technology 

transfers through investment, industrial espionage, cyber 

theft, academia, forced technological transfers, and other 

means) to develop, acquire, or gain access to information, 

communication, space, and other advanced technologies 

that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct 

information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts. 


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‘‘(10) The strategy of the People’s Republic of China 

regarding Taiwan and the security situation in the Taiwan 

Strait, including— 

‘‘(A) the posture of the forces of the People’s Liberation 

Army facing Taiwan; and 

‘‘(B) any challenges during the preceding year to the 

deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States 

in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 

3301 et seq.). 

‘‘(11) The maritime strategy and military and nonmilitary 

activities in the South China Sea and East China Sea of the 

People’s Republic of China, including— 

‘‘(A) the role and activities of the People’s Liberation 

Army and maritime law enforcement, the People’s Armed 

Forces Maritime Militia or other subset national militias, 

and paramilitary entities of the People’s Republic of China; 

and 

‘‘(B) any such activities in the South China Sea or 

East China Sea affecting United States military activities 

or the military activities of a United States ally or partner. 

‘‘(12) The current state of United States military-to-military 

contacts with the People’s Liberation Army, including the following: 

‘‘(A) A comprehensive and coordinated strategy for such 

military-to-military contacts and any necessary update to 

the strategy. 

‘‘(B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary 

of topics discussed. 

‘‘(C) A description of such military-to-military contacts 

scheduled for the 1-year period following the period covered 

by the report and the plan for future contacts. 

‘‘(D) The Secretary’s assessment of the benefits the 

Chinese expect to gain from such military-to-military contacts. 

‘‘(E) The Secretary’s assessment of the benefits the 

Department of Defense expects to gain from such militaryto-military contacts, and any concerns regarding such contacts. 

‘‘(F) The Secretary’s assessment of how such militaryto-military contacts fit into the larger security relationship 

between the United States and the People’s Republic of 

China. 

‘‘(G) The Secretary’s certification whether or not any 

military-to-military exchange or contact was conducted 

during the period covered by the report in violation of 

section 1201(a). 

‘‘(13) Any influence operations or campaigns by the People’s 

Republic of China targeting military alliances and partnerships 

of which the United States is a member, including— 

‘‘(A) United States military alliances and partnerships 

targeted or that may be targeted; 

‘‘(B) the objectives of such operations; 

‘‘(C) the tactics, techniques, and procedures used; and 

‘‘(D) the impact of such operations on military alliances 

and partnerships of which the United States is a member. 

Certification. 

Assessment. 

Assessment. 

Assessment. 


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‘‘(14) Any other significant military or security development 

involving the People’s Republic of China the Secretary considers 

relevant to United States national security. 

‘‘(c) FORM.—Each report required by subsection (a) shall be 

submitted in unclassified form but may include a classified annex. 

‘‘(d) SPECIFIED CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘specified congressional committees’ means— 

‘‘(1) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Select Committee on Intelligence 

of the Senate; and 

‘‘(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.’’. 

SEC. 1244. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN 

HOA DIOXIN CLEANUP. 

Section 1253(b) of the National Defense Authorization Act for 

Fiscal Year 2021 (Public Law 116–283) is amended by striking 

‘‘fiscal year 2021’’ and inserting ‘‘fiscal year 2022’’. 

SEC. 1245. COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR 

VIETNAMESE PERSONNEL MISSING IN ACTION. 

(a) IN GENERAL.—The Secretary of Defense, in coordination 

with the heads of other relevant Federal departments and agencies, 

may carry out a cooperative program with the Ministry of Defense 

of Vietnam and other entities of the Government of Vietnam to 

assist in accounting for Vietnamese personnel missing in action. 

(b) PURPOSE.—The purpose of the cooperative program under 

subsection (a) is to carry out the following activities: 

(1) Collection, digitization, and sharing of archival information. 

(2) Building the capacity of Vietnam to conduct archival 

research, investigations, and excavations. 

(3) Improving DNA analysis capacity. 

(4) Increasing veteran-to-veteran exchanges. 

(5) Other support activities the Secretary of Defense considers necessary and appropriate. 

(c) TERMINATION.—The authority provided by subsection (a) 

shall terminate on October 1, 2026. 

SEC. 1246. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS. 

It is the sense of Congress that— 

(1) the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 

3301 et seq.) and the Six Assurances provided by the United 

States to Taiwan in July 1982 are the foundation for United 

States-Taiwan relations; 

(2) as set forth in the Taiwan Relations Act, the United 

States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the 

future of Taiwan will be determined by peaceful means, and 

that any effort to determine the future of Taiwan by other 

than peaceful means, including boycotts and embargoes, is of 

grave concern to the United States; 

(3) the increasingly coercive and aggressive behavior of 

the People’s Republic of China towards Taiwan is contrary 

to the expectation of a peaceful resolution of the future of 

Taiwan; 

22 USC 3301 

note. 

10 USC 113 note. 


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(4) as set forth in the Taiwan Relations Act, the capacity 

of the United States to resist any resort to force or other 

forms of coercion that would jeopardize the security, or the 

social or economic system, of the people on Taiwan and the 

policy of the United States to make available to Taiwan such 

defense articles and defense services in such quantities as 

may be necessary to enable Taiwan to maintain a sufficient 

self-defense capability should be maintained; and 

(5) the United States should continue to support the 

development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by— 

(A) supporting acquisition by Taiwan of defense articles 

and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis 

on capabilities that support the asymmetric defense 

strategy of Taiwan; 

(B) ensuring timely review of and response to requests 

by Taiwan for defense articles and services; 

(C) conducting practical training and military exercises 

with Taiwan, including, as appropriate, inviting Taiwan 

to participate in the Rim of the Pacific exercise conducted 

in 2022, that enable Taiwan to maintain a sufficient selfdefense capability, as described in the Taiwan Relations 

Act; 

(D) deepening interoperability with Taiwan in defensive capabilities, including maritime and air domain awareness and integrated air and missile defense systems; 

(E) encouraging exchanges between defense officials 

and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the 

Taiwan Travel Act (Public Law 115-135; 132 Stat. 341), 

especially for the purposes of— 

(i) enhancing cooperation on defense planning; 

(ii) improving the interoperability of the military 

forces of the United States and Taiwan; and 

(iii) improving the reserve force of Taiwan; 

(F) identifying improvements in Taiwan’s ability to 

use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; 

and 

(G) expanding cooperation in humanitarian assistance 

and disaster relief. 

SEC. 1247. STATEMENT OF POLICY ON TAIWAN. 

(a) STATEMENT OF POLICY.—Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et. seq.), it shall be the policy of the 

United States to maintain the capacity of the United States to 

resist a fait accompli that would jeopardize the security of the 

people on Taiwan. 

(b) DEFINITION.—In this section, the term ‘‘fait accompli’’ refers 

to the resort to force by the People’s Republic of China to invade 

and seize control of Taiwan before the United States can respond 

effectively. 


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SEC. 1248. ANNUAL REPORT ON TAIWAN ASYMMETRIC CAPABILITIES 

AND INTELLIGENCE SUPPORT. 

(a) IN GENERAL.—The Secretary of Defense, in coordination 

with the heads of other relevant Federal departments and agencies, 

shall each year through fiscal year 2027, consistent with the Taiwan 

Relations Act (Public Law 96-8; 22 U.S.C. 3302(c)), perform an 

annual assessment of matters related to Taiwan, including intelligence matters, Taiwan’s asymmetric defensive capabilities, and 

how defensive shortcomings or vulnerabilities of Taiwan could be 

mitigated through cooperation, modernization, or integration. At 

a minimum, the assessment shall include the following: 

(1) An intelligence assessment regarding— 

(A) conventional military threats to Taiwan from 

China, including exercises intended to intimidate or coerce 

Taiwan; and 

(B) irregular warfare activities, including influence 

operations, conducted by China to interfere in or undermine 

the peace and stability of the Taiwan Strait. 

(2) The current defensive asymmetric capabilities of Taiwan 

and the ability of Taiwan to defend itself from external conventional and irregular military threats. 

(3) The interoperability of current and future defensive 

asymmetric capabilities of Taiwan with the military capabilities 

of the United States and its allies and partners. 

(4) The plans, tactics, techniques, and procedures underpinning the defensive asymmetric capabilities of Taiwan. 

(5) A description of additional personnel, resources, and 

authorities in Taiwan or in the United States that may be 

required to meet any shortcomings in the development of Taiwan’s defensive capabilities identified pursuant to this section. 

(6) The applicability of Department of Defense authorities 

for improving the defensive asymmetric capabilities of Taiwan 

in accordance with the Taiwan Relations Act. 

(7) The feasibility and advisability of assisting Taiwan 

in the domestic production of defensive asymmetric capabilities, 

including through the transfer of intellectual property, codevelopment, or co-production arrangements. 

(8) An assessment of ways in which the United States 

could enhance cooperation with on intelligence matters with 

Taiwan. 

(9) A description of any non-Department of Defense efforts 

by the United States Government to build the capacity of 

Taiwan to disrupt external efforts that degrade its free and 

democratic society. 

(10) A description of any significant efforts by the Defense 

Intelligence Enterprise and other elements of the intelligence 

community to coordinate technical and material support for 

Taiwan to identify, disrupt, and combat influence operations 

referred to in this subsection. 

(11) Any other matter the Secretary of Defense considers 

appropriate. 

(b) PLAN.—The Secretary of Defense, in coordination with the 

heads of other relevant Federal departments and agencies, shall 

develop a plan for assisting Taiwan in improving its defensive 

asymmetric capabilities and addressing vulnerabilities identified 

pursuant to subsection (a) that includes— 

Assessment. 


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(1) recommendations for new Department of Defense 

authorities, or modifications to existing Department authorities, 

necessary to improve the defensive asymmetric capabilities of 

Taiwan in accordance with the Taiwan Relations Act (Public 

Law 96-8; 22 U.S.C. 3301 et seq.); 

(2) an identification of opportunities for key leader and 

subject matter expert engagement between Department personnel and military and civilian counterparts in Taiwan; and 

(3) an identification of challenges and opportunities for 

leveraging non-Department authorities, resources, and capabilities to improve the defensive asymmetric capabilities of Taiwan 

in accordance with the Taiwan Relations Act. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, and annually through fiscal year 2027, the 

Secretary of Defense shall submit to the appropriate committees 

of Congress— 

(1) a report on the results of the assessment required 

by subsection (a); and 

(2) the plan required by subsection (b). 

(d) FORM.—The report required by subsection (c) shall be submitted in unclassified form, but may include a classified annex. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

(2) The term ‘‘defensive asymmetric capabilities’’ means 

the capabilities necessary to defend Taiwan against conventional external threats, including coastal defense missiles, naval 

mines, anti-aircraft capabilities, cyber defenses, and special 

operations forces. 

SEC. 1249. FEASIBILITY BRIEFING ON COOPERATION BETWEEN THE 

NATIONAL GUARD AND TAIWAN. 

(a) IN GENERAL.—Not later than February 15, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the feasibility and advisability of enhanced 

cooperation between the National Guard and Taiwan. 

(b) ELEMENTS.—The briefing required by subsection (a) shall 

include the following: 

(1) A description of the cooperation between the National 

Guard and Taiwan during the preceding calendar year, 

including mutual visits, exercises, training, and equipment 

opportunities. 

(2) An evaluation of the feasibility of enhancing cooperation 

between the National Guard and Taiwan on a range of activities, including— 

(A) disaster and emergency response; 

(B) cyber defense and communications security; 

(C) military medical cooperation; 

(D) Mandarin-language education and cultural 

exchange; and 

Evaluation. 

Deadline. 

Assessment. 

Recommendations. 


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(E) programs for National Guard advisors to assist 

in training the reserve components of the military forces 

of Taiwan. 

(3) Recommendations to enhance such cooperation and 

improve interoperability, including through familiarization 

visits, cooperative training and exercises, and co-deployments. 

(4) Any other matter the Secretary of Defense considers 

appropriate. 

SEC. 1250. FEASIBILITY REPORT ON ESTABLISHING MILITARY-TO-MILITARY CRISIS COMMUNICATIONS CAPABILITIES. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense, in coordination 

with the heads of other relevant Federal departments and agencies, 

shall submit to the appropriate committees of Congress a report 

on the feasibility and advisability of establishing military-to-military communications with a covered strategic competitor. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An articulation of— 

(A) the importance of military-to-military communications with a covered strategic competitor; and 

(B) the utility of such communications to enable clear 

transmission of messages from the government of the 

United States, avoid misunderstandings, and reduce the 

possibility of miscalculation. 

(2) A description of the current process and capabilities 

relating to communications with a covered strategic competitor, 

including the means, levels of seniority, and timelines for such 

communications. 

(3) An identification of opportunities for improving militaryto-military crisis communications with a covered strategic 

competitor, including the preferred means, levels of seniority, 

and timelines for such communications. 

(4) An identification of challenges to establishing more 

military-to-military communications with a covered strategic 

competitor. 

(5) Any other matter the Secretary of Defense considers 

appropriate. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘covered strategic competitor’’ means a nearpeer country identified by the Secretary of Defense and National 

Defense Strategy. 

(2) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Committee on Foreign Relations 

of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Committee on Foreign Affairs 

of the House of Representatives. 

SEC. 1251. COMPARATIVE ANALYSES AND REPORTS ON EFFORTS BY 

THE UNITED STATES AND THE PEOPLE’S REPUBLIC OF 

CHINA TO ADVANCE CRITICAL MODERNIZATION TECHNOLOGY WITH RESPECT TO MILITARY APPLICATIONS. 

(a) COMPARATIVE ANALYSES.— (1) DEVELOPMENT OF PROCEDURES.— 

Deadline. 

Recommendations. 


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(A) IN GENERAL.—Not later than 270 days after the 

date of the enactment of this Act, the Under Secretary 

of Defense for Research and Engineering, in coordination 

with the Director of the Office of Net Assessment, shall 

develop procedures by which comparative analyses, 

including the assessments under paragraph (2), shall be 

conducted. 

(B) ELEMENTS.—The procedures developed under 

subparagraph (A)— 

(i) shall include processes— 

(I) by which senior officials of the Department 

of Defense may request that such comparative 

analyses be conducted with respect to a specific 

technology, sector, or system of interest; 

(II) by which teams of technical, industrial, 

policy, intelligence, and operational experts consisting of personnel of the Department and private 

sector organizations may be established for the 

purpose of conducting such comparative analyses; 

(III) to ensure adequate funding to support 

the conduct of such comparative analyses; and 

(IV) by which classified and unclassified 

information, including necessary data, records, and 

technical information, may be shared with Department personnel for the purpose of carrying out 

such comparative analyses; and 

(ii) may include the development of quantitative 

and qualitative metrics for use in, and new intelligence 

collection requirements to support, such comparative 

analyses. 

(2) COMPARATIVE ANALYSIS ASSESSMENTS.— 

(A) IN GENERAL.—The Under Secretary, in coordination 

with the Director of the Office of Net Assessment, shall 

conduct a comparative analysis assessment of the efforts 

of the United States Government and the Government 

of the People’s Republic of China to develop and deploy 

critical modernization technology with respect to military 

applications in each of the following areas of critical modernization technology: 

(i) Directed energy systems. 

(ii) Hypersonics. 

(iii) Emerging biotechnologies. 

(iv) Quantum science. 

(v) Cyberspace capabilities. 

(B) ELEMENTS.—Each comparative analysis assessment 

under subparagraph (A) shall include an evaluation of each 

of the following: 

(i) With respect to the applicable area of critical 

modernization technology described in subparagraph 

(A), research and development activities carried out 

in the United States and the People’s Republic of China 

by governmental entities and nongovernmental entities. 

(ii) The ability of research programs carried out 

by the United States Government and the Government 

of the People’s Republic of China to achieve the goals 

of— 

Deadline. 


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(I) transitioning emerging technologies into 

acquisition efforts and operational use; and 

(II) incorporating emerging technologies into 

military applications. 

(iii) Operational effectiveness and suitability of 

current or planned defense systems of the United 

States and the People’s Republic of China, including 

relevant operational concepts relating to the application and operationalization of critical modernization 

technologies. 

(iv) The ability of defense systems of the United 

States and the People’s Republic of China to counter 

relevant threat capabilities. 

(b) REPORTS.— 

(1) INITIAL REPORT.—Not later than March 15, 2022, the 

Under Secretary shall submit a report and provide a briefing 

to the congressional defense committees on efforts to develop 

the procedures required by subsection (a)(1). 

(2) SUBSEQUENT REPORTS.— 

(A) DIRECTED ENERGY SYSTEMS AND HYPERSONICS.— 

Not later than December 31, 2023, the Under Secretary 

shall submit to the congressional defense committees a 

report on the results of the comparative analysis assessments conducted under clauses (i) and (ii) of subsection 

(a)(2)(A). 

(B) EMERGING BIOTECHNOLOGIES, QUANTUM SCIENCE, 

AND CYBERSPACE CAPABILITIES.—Not later than December 

31, 2024, the Under Secretary shall submit to the congressional defense committees a report on the results of the 

comparative analysis assessments conducted under clauses 

(iii), (iv), and (v) of subsection (a)(2)(A). 

(C) ELEMENTS.—The reports required by subparagraphs (A) and (B) shall include the following for each 

such comparative analysis assessment: 

(i) The results of the evaluation of each element 

described in subsection (a)(2)(B). 

(ii) An analysis of significant research and development programs and activities outside the United States 

or the People’s Republic of China designed to advance 

the applicable area of critical modernization technology 

described in subsection (a)(2)(A), and a discussion of 

such programs and activities. 

(iii) With respect to each such area of critical modernization technology, an identification of any area 

in which the degree of uncertainty due to an insufficient knowledge base is such that an analysis of 

whether the United States or the People’s Republic 

of China has an advantage would be inconclusive. 

(iv) A description of the limitations, constraints, 

and challenges encountered in carrying out the 

comparative analysis assessment. 

(v) A description of any other research and development efforts or elements the Under Secretary considers 

appropriate for purposes of the comparative analysis 

assessment. 

Assessment. 

Assessment. 

Analysis. 

Assessment. 

Assessments. 

Assessments. 


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(vi) Recommendations with respect to additional 

activities by the Department necessary to address the 

findings of the comparative analysis assessment. 

(D) FORM.—The reports required by subparagraphs (A) 

and (B) shall be submitted in unclassified form but may 

contain a classified annex. 

(c) AGREEMENT WITH A FEDERALLY FUNDED RESEARCH AND

DEVELOPMENT CORPORATION AUTHORIZED.— 

(1) IN GENERAL.—The Under Secretary may enter into an 

agreement with a federally funded research and development 

corporation under which such corporation may— 

(A) carry out any part of a comparative analysis assessment required by subsection (a); or 

(B) prepare the reports required by subsection (b)(2). 

(2) NOTIFICATION.—If the Under Secretary enters into an 

agreement under paragraph (1), the Under Secretary shall 

submit to the congressional defense committees a report that— 

(A) identifies the federally funded research and 

development corporation concerned; and 

(B) describes the scope of work under the agreement. 

SEC. 1252. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PARTNERSHIPS IN THE INDO-PACIFIC REGION. 

It is the sense of Congress that the Secretary of Defense should 

recommit to and strengthen United States defense alliances and 

partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with 

the People’s Republic of China, including by— 

(1) enhancing cooperation with Japan, consistent with the 

Treaty of Mutual Cooperation and Security Between the United 

States of America and Japan, including by developing advanced 

military capabilities, fostering interoperability across all 

domains, and improving sharing of information and intelligence; 

(2) reinforcing the United States alliance with the Republic 

of Korea and maintaining the presence of approximately 28,500 

members of the United States Armed Forces deployed to the 

country, consistent with the Mutual Defense Treaty Between 

the United States and the Republic of Korea, in support of 

the shared objective of a peaceful and stable Korean Peninsula; 

(3) fostering bilateral and multilateral cooperation with 

Australia, consistent with the Australia, New Zealand, United 

States Security Treaty, to advance shared security objectives 

and build the capabilities of emerging partners; 

(4) advancing United States alliances with the Philippines 

and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance 

maritime domain awareness, promote sovereignty and territorial integrity, and collaborate on vetting Chinese investments 

in strategic technology sectors and critical infrastructure; 

(5) broadening the engagement of the United States with 

India, including through the Quadrilateral Security Dialogue— 

(A) to advance the shared objective of a free and open 

Indo-Pacific region through bilateral and multilateral 

engagements and participation in military exercises, 

expanded defense trade, and collaboration on humanitarian 

aid and disaster response; and 

Assessment. 

Recommendations. 

Assessment. 


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(B) to enable greater cooperation on maritime security 

and the threat of global pandemics, including COVID– 

19; 

(6) strengthening the United States partnership with 

Taiwan, consistent with the Three Communiques, the Taiwan 

Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), and 

the Six Assurances, with the goal of improving Taiwan’s asymmetric defensive capabilities and promoting peaceful crossstrait relations; 

(7) reinforcing the status of the Republic of Singapore as 

a Major Security Cooperation Partner of the United States 

and continuing to strengthen defense and security cooperation 

between the military forces of the Republic of Singapore and 

the Armed Forces of the United States, including through 

participation in combined exercises and training, including the 

use of the Foreign Military Sales Training Center at Ebbing 

Air National Guard Base in Fort Smith, Arkansas and a fighter 

training detachment in Guam; 

(8) engaging with the Federated States of Micronesia, the 

Republic of the Marshall Islands, and the Republic of Palau 

with the goal of strengthening regional security and addressing 

issues of mutual concern, including protecting fisheries from 

illegal, unreported and unregulated fishing; and 

(9) investing in enhanced military posture and capabilities 

in the United States Indo-Pacific Command area of responsibility and strengthening cooperation in bilateral relationships, 

multilateral partnerships, and other international fora to 

uphold global security and shared principles, with the goal 

of ensuring the maintenance of a free and open Indo-Pacific 

region. 

TITLE XIII—OTHER MATTERS 

RELATING TO FOREIGN NATIONS 

Subtitle A—Matters Relating to Europe and NATO 

Sec. 1301. Sense of Congress on North Atlantic Treaty Organization allies and 

partners. 

Sec. 1302. Report on Armenia-Azerbaijan conflict. 

Sec. 1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative. 

Subtitle B—United States-Greece Defense and Interparliamentary Partnership Act 

of 2021 

Sec. 1311. Sense of Congress. 

Sec. 1312. Funding for the European Recapitalization Incentive Program. 

Sec. 1313. Sense of Congress on loan program. 

Sec. 1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to 

Greece. 

Sec. 1315. IMET cooperation with Greece. 

Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary 

Group. 

Sec. 1317. Appropriate congressional committees. 

Subtitle C—Security Cooperation and Assistance 

Sec. 1321. Clarification of requirements for contributions by participants in the 

American, British, Canadian, and Australian Armies’ Program. 

Sec. 1322. Foreign Area Officer assessment and review. 

Sec. 1323. Study on certain security cooperation programs. 

Sec. 1324. Notification relating to overseas humanitarian, disaster, and civic aid 

funds obligated in support of operation allies welcome. 


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Subtitle D—Other Matters 

Sec. 1331. Extension and modification of authority for certain payments to redress 

injury and loss. 

Sec. 1332. Secretary of Defense Strategic Competition Initiative. 

Sec. 1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States. 

Sec. 1334. Pilot program to support the implementation of the Women, Peace, and 

Security act of 2017. 

Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors. 

Sec. 1336. Security assistance in Northern Triangle countries. 

Sec. 1337. Report on human rights in Colombia. 

Sec. 1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean. 

Sec. 1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. 

Sec. 1340. Statement of policy and report on Yemen. 

Sec. 1341. Limitation on support to military forces of the Kingdom of Morocco for 

multilateral exercises. 

Subtitle A—Matters Relating to Europe 

and NATO 

SEC. 1301. SENSE OF CONGRESS ON NORTH ATLANTIC TREATY 

ORGANIZATION ALLIES AND PARTNERS. 

It is the sense of Congress as follows: 

(1) The North Atlantic Treaty Organization (NATO) 

remains the strongest and most successful military alliance 

in the world, founded on a commitment by its members to 

uphold the principles of democracy, individual liberty, and the 

rule of law, and its contributions to the collective defense are 

indispensable to the security, prosperity, and freedom of its 

members. 

(2) The success of NATO is critical to achieving United 

States national security objectives in Europe and around the 

world, including deterring Russian aggression, upholding territorial integrity and sovereignty in Europe, addressing strategic 

competition and mitigating shared security concerns, countering 

malign efforts to undermine the rules-based international order 

and disrupt shared values, and fostering international cooperation against collective challenges. 

(3) The United States reaffirms its ironclad commitment 

to NATO as the foundation of transatlantic security and to 

uphold its obligations under the North Atlantic Treaty, 

including Article 5 of the Treaty, and remains steadfastly committed to upholding and strengthening its defense alliances 

and partnerships in the European theater. 

(4) The commitment of NATO allies in response to the 

invocation of Article 5 of the North Atlantic Treaty following 

attacks on the United States homeland on September 11, 2001, 

and during years of counterterrorism, humanitarian, and stabilization operations in Afghanistan has been invaluable, and 

the sacrifices of NATO allies deserve the highest order of 

respect and gratitude. 

(5) The national security challenges posed by the Russian 

Government against NATO allies and partners are of grave 

concern to the United States and a top NATO defense priority. 

Since the invasion of Ukraine in 2014, the Russian Government 

has not improved its behavior and has, in many aspects, become 

increasingly belligerent. Aggression against NATO allies and 


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United States partners is unacceptable, and Russia’s willingness to engage in far-reaching, risky actions contrary to the 

international order poses major risks to United States national 

security interests that must be met with sustained engagement, 

investment in credible deterrence, and vigilance. 

(6) The United States should continue to deepen cooperation on defense issues with non-NATO European partners, bilaterally and as part of the NATO alliance, encourage security 

sector cooperation between NATO and non-NATO defense partners that complements and strengthens shared security goals, 

interoperability, and allies’ commitment to Article 3 of the 

North Atlantic Treaty, build on recent progress in NATO allies 

achieving defense spending goals agreed to at the 2014 Wales 

Summit and reaffirmed at the 2016 Warsaw Summit and the 

2021 Brussels Summit, and build consensus to plan, organize, 

and invest in the full range of defense capabilities necessary 

to deter and defend against potential adversaries. 

(7) The United States should continue to enhance United 

States and allied force posture in Europe in order to establish 

and sustain a credible deterrent against Russian aggression 

and long-term strategic competition by the Russian Government, including continued robust support for the European 

Deterrence Initiative and other investments, ongoing use of 

rotational deployments and robust exercises in the European 

theater, improved forward-stationing of forces to enhance deterrence and reduce cost, additional planning and efforts to mitigate contested logistics challenges, implementation of key initiatives to enhance readiness, military mobility, and national resilience, and effective investments in multi-service, cyber, 

information, and air defense efforts to counter modern military 

challenges. 

(8) Following the end of the Resolute Support Mission 

in Afghanistan, it is essential that the United States consider 

ways to continue the benefits of combined interaction alongside 

NATO allies and United States partners to continue strengthening interoperability and cooperation. 

(9) The Black Sea is a strategically significant region to 

United States interests and to the security of United States 

allies and partners, especially in light of Russia’s actions in 

the region and illegal occupation of territory. The United States 

should continue security cooperation efforts, exercises, and 

training with regional allies and partners, regional posture 

enhancements, and support for those allies’ and partners’ pursuit of their own defenses, as well as joint efforts that enhance 

interoperability and information sharing. 

(10) Enhancing security and stability in the Western Balkans is a goal that the United States shares with European 

allies and partners. The United States should continue its 

efforts to build interoperability and support institutional 

reforms of the militaries of the Western Balkan nations, 

including both NATO allies and partners. The United States 

should also support those nations’ efforts to resist 

disinformation campaigns, predatory investments, efforts to 

promote instability, and other means by which Russia and 

China may seek to influence this region of Europe. 

(11) Estonia, Latvia, and Lithuania are model allies and 

play a critical role in strategic efforts to ensure continued 


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deterrence against aggression by Russia and maintain the 

collective security of the NATO alliance. The security of the 

Baltic region is crucial to the security of the NATO alliance. 

(12) The United States should continue to pursue efforts 

consistent with the comprehensive, multilateral Baltic Defense 

Assessment of the military requirements of Estonia, Latvia, 

and Lithuania issued in December 2020. Robust support to 

accomplish United States strategic objectives, including by providing assistance to the Baltic countries through security 

cooperation referred to as the Baltic Security Initiative pursuant to sections 332 and 333 of title 10, United States Code, 

should be prioritized in the years to come. Specifically, the 

continuation of— 

(A) efforts to enhance interoperability among Estonia, 

Latvia, and Lithuania and in support of NATO efforts; 

(B) infrastructure and other host-country support 

improvements that will enhance United States and allied 

military mobility across the region; 

(C) efforts to improve resilience to hybrid threats and 

cyber defenses in Estonia, Latvia, and Lithuania; and 

(D) support for planning and budgeting efforts of 

Estonia, Latvia, and Lithuania that are regionally synchronized. 

SEC. 1302. REPORT ON ARMENIA-AZERBAIJAN CONFLICT. 

(a) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense, in consultation 

with the heads of other Federal departments and agencies as appropriate, shall submit to the relevant congressional committees a 

report on the 2020 conflict between Armenia and Azerbaijan. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An assessment of the use of United States weapon 

systems or controlled technology that were employed in the 

2020 conflict, including a list of the origins of such items, 

if known. 

(2) A description of the involvement of foreign actors in 

the conflict, including a description of the military activities, 

influence operations, foreign military sales, and diplomatic 

engagement by foreign countries before, during, and after the 

conflict, and efforts by parties to the conflict or foreign actors 

to recruit or employ foreign fighters or private military 

organizations during the conflict. Such description may include 

a classified annex, if necessary. 

(3) Any violations of the November 9, 2020, agreement, 

including the continued detention of prisoners of war or captured civilians. 

(4) Any other matter the Secretary considers appropriate. 

(c) RELEVANT CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘relevant congressional committees’’ means the Committee 

on Foreign Affairs and Committee on Armed Services of the House 

of Representatives and the Committee on Foreign Relations and 

Committee on Armed Services of the Senate. 

(d) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the parties to the conflict must adhere to their obligations under the November 9, 2020, agreement and international 

Assessment. 


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law, including to immediately release all prisoners of war and 

captured civilians; 

(2) the parties to the conflict must refrain from the use 

of force and threats to use force in pursuit of diplomatic resolutions to any outstanding disputes; and 

(3) the United States should engage with parties to the 

conflict, including redoubling engagement with the Minsk 

Group, to make clear the importance of adhering to these 

obligations and advance diplomatic progress. 

SEC. 1303. REPORT ON THE STATE OF UNITED STATES MILITARY 

INVESTMENT IN EUROPE, INCLUDING THE EUROPEAN 

DETERRENCE INITIATIVE. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report assessing the current state of United 

States defense investment in Europe, with particular focus on 

United States military infrastructure requirements, including the 

European Deterrence Initiative. Such report shall include the following elements: 

(1) An assessment of the progress made by the Department 

of Defense toward achieving the stated objectives of the European Deterrence Initiative (EDI) over its lifetime, and the 

extent to which EDI funding has aligned with such objectives. 

(2) An assessment of the current state of the United States 

defense posture in Europe. 

(3) An assessment of further investments required to 

improve United States military mobility in the United States 

European Command area of responsibility, including efforts 

to— 

(A) address contested logistics; and 

(B) improve physical impediments and regulatory challenges to movement by air, rail, road, or waterway across 

such area of responsibility. 

(4) An assessment of the current state of United States 

prepositioned stocks in Europe, including a description of both 

completed and underway projects, timelines for completion of 

underway projects, and estimated sustainment costs upon 

completion of such projects. 

(5) An assessment of the current state of United States 

munitions in Europe, including the adequacy to satisfy United 

States needs in a European contingency, and a description 

of any plans to adjust munitions stocks. 

(6) An assessment of the current state of United States 

antisubmarine warfare assets, organization, and resources in 

the United States European Command and Second Fleet areas 

of responsibility, including— 

(A) the sufficiency of such assets, organization, and 

resources to counter Russian submarine threats; and 

(B) the sufficiency of United States sonobuoy stocks, 

antisubmarine warfare platforms, and undersea sensing 

equipment. 

(7) An assessment of the current state of the United States 

naval presence in the United States European Command area 

of responsibility and the ability of such presence to respond 

to future challenges in the Black Sea, Mediterranean Sea, 

and Arctic region, including a description of any future plans 

Assessments. 


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regarding increased naval force structure forward stationed 

in Europe and associated timelines. 

(8) An assessment of the current state of United States 

Air Force operational planning and resourcing in the European 

theater, including the current state of prepositioned Air Force 

equipment, activities, and relevant infrastructure. 

(9) An assessment of the current state of United States 

defense information operations capabilities dedicated to the 

United States European Command area of responsibility, and 

any defense resources required or policies needed to strengthen 

such capabilities. 

(10) An assessment of all purchases, investments, and 

expenditures made by any Armed Force under the jurisdiction 

of the Secretary of a military department and identified as 

part of the EDI, since its inception, that have been diverted 

for purposes or uses other than the objectives of the EDI, 

including a list of all purchases, investments, and expenditures 

that were requested to support the EDI since its inception 

that were not ultimately employed for the objectives of the 

EDI and the respective dollar values of such purchaes, investments, and expenditures. 

(11) An assessment of the current state of EDI military 

construction efforts in Europe. 

(12) An assessment of United States European Command’s 

planned exercise schedule in coming years, the estimated 

resourcing requirements to fulfill such schedule, and what 

percentage of such resourcing is expected to come from EDI. 

(13) Any other information the Secretary determines relevant. 

Subtitle B—United States-Greece Defense 

and Interparliamentary Partnership Act 

of 2021 

SEC. 1311. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) Greece is a pillar of stability in the Eastern Mediterranean region and the United States should remain committed 

to supporting its security and prosperity; 

(2) the 3+1 format of cooperation among Cyprus, Greece, 

Israel, and the United States has been a successful forum 

to cooperate on energy issues and should be expanded to include 

other areas of common concern to the members; 

(3) the United States should increase and deepen efforts 

to partner with and support the modernization of the Greek 

military; 

(4) it is in the interests of the United States that Greece 

continue to transition its military equipment away from Russian-produced platforms and weapons systems through the 

European Recapitalization Incentive Program; 

(5) the naval partnerships with Greece at Souda Bay and 

Alexandroupolis are mutually beneficial to the national security 

of the United States and Greece; 

(6) the United States should, as appropriate, support the 

sale of F–35 Joint Strike Fighters to Greece; 


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135 STAT. 2000 PUBLIC LAW 117–81—DEC. 27, 2021 

(7) the United States Government should continue to invest 

in International Military Education and Training programs 

in Greece; 

(8) the United States Government should support joint 

maritime security cooperation exercises with Cyprus, Greece, 

and Israel; 

(9) in accordance with its legal authorities and project 

selection criteria, the United States Development Finance Corporation should consider supporting private investment in strategic infrastructure projects in Greece, to include shipyards 

and ports that contribute to the security of the region and 

Greece’s prosperity; 

(10) the extension of the Mutual Defense Cooperation 

Agreement with Greece for a period of five years includes 

deepened partnerships at Greek military facilities throughout 

the country and is a welcome development; and 

(11) the United States Government should establish the 

United States-Eastern Mediterranean Energy Center, as 

authorized by section 204 of the Eastern Mediterranean Energy 

and Security Partnership Act of 2019 (22 U.S.C. 2373 note). 

SEC. 1312. FUNDING FOR THE EUROPEAN RECAPITALIZATION INCENTIVE PROGRAM. 

(a) IN GENERAL.—To the maximum extent feasible, amounts 

appropriated or otherwise made available for the European 

Recapitalization Incentive Program should be considered for Greece 

as appropriate to assist the country in meeting its defense needs 

and transitioning away from Russian-produced military equipment. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of State shall submit to the 

appropriate congressional committees a report that provides a full 

accounting of all funds distributed under the European Recapitalization Incentive Program, including— 

(1) identification of each recipient country; 

(2) a description of how the funds were used; and 

(3) an accounting of remaining equipment in recipient countries that was provided by the then-Soviet Union or Russian 

Federation. 

SEC. 1313. SENSE OF CONGRESS ON LOAN PROGRAM. 

It is the sense of Congress that, as appropriate, the United 

States Government should provide direct loans to Greece for the 

procurement of defense articles, defense services, and design and 

construction services pursuant to the authority of section 23 of 

the Arms Export Control Act (22 U.S.C. 2763) to support the further 

development of Greece’s military forces. 

SEC. 1314. SENSE OF CONGRESS ON TRANSFER OF F–35 JOINT STRIKE 

FIGHTER AIRCRAFT TO GREECE. 

It is the sense of Congress that the President has the authority 

to expedite delivery of any future F–35 aircraft to Greece once 

Greece is prepared to move forward with such a purchase on such 

terms and conditions as the President may require, pursuant to 

the certification requirements under section 36 of the Arms Export 

Control Act (22 U.S.C. 2776). 

22 USC 2373 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2001 

SEC. 1315. IMET COOPERATION WITH GREECE. 

For each of fiscal years 2022 through 2026, there is authorized 

to be appropriated $1,800,000 for International Military Education 

and Training assistance for Greece, which may be made available 

for the following purposes: 

(1) Training of future leaders. 

(2) Fostering a better understanding of the United States. 

(3) Establishing a rapport between the United States 

Armed Forces and Greece’s military to build partnerships for 

the future. 

(4) Enhancement of interoperability and capabilities for 

joint operations. 

(5) Focusing on professional military education, civilian 

control of the military, and protection of human rights. 

SEC. 1316. CYPRUS, GREECE, ISRAEL, AND THE UNITED STATES 3+1 

INTERPARLIAMENTARY GROUP. 

(a) ESTABLISHMENT.—There is established a group, to be known 

as the ‘‘Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group’’, to serve as a legislative component to the 

3+1 process launched in Jerusalem in March 2019. 

(b) MEMBERSHIP.—The Cyprus, Greece, Israel, and the United 

States 3+1 Interparliamentary Group shall include a group of not 

more than 6 United States Senators, to be known as the ‘‘United 

States group’’, who shall be appointed in equal numbers by the 

majority leader and the minority leader of the Senate. The majority 

leader and the minority leader of the Senate shall also serve as 

ex officio members of the United States group. 

(c) MEETINGS.—Not less frequently than once each year, the 

United States group shall meet with members of the 3+1 group 

to discuss issues on the agenda of the 3+1 deliberations of the 

Governments of Greece, Israel, Cyprus, and the United States to 

include maritime security, defense cooperation, energy initiatives, 

and countering malign influence efforts by the People’s Republic 

of China and the Russian Federation. 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be appropriated 

$100,000 for each fiscal year to assist in meeting the expenses 

of the United States group. 

(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to the authorization under this subsection are authorized 

to remain available until expended. 

(e) TERMINATION.—The Cyprus, Greece, Israel, and the United 

States 3+1 Interparliamentary Group shall terminate 4 years after 

the date of the enactment of this Act. 

SEC. 1317. APPROPRIATE CONGRESSIONAL COMMITTEES. 

In this subtitle, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Foreign Relations, the Committee 

on Armed Services, and the Committee on Appropriations of 

the Senate; and 

(2) the Committee on Foreign Affairs, the Committee on 

Armed Services, and the Committee on Appropriations of the 

House of Representatives. 

22 USC 2373 

note. 

22 USC 261 note 

prec. 

Time periods. 


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135 STAT. 2002 PUBLIC LAW 117–81—DEC. 27, 2021 

Subtitle C—Security Cooperation and 

Assistance 

SEC. 1321. CLARIFICATION OF REQUIREMENTS FOR CONTRIBUTIONS 

BY PARTICIPANTS IN THE AMERICAN, BRITISH, 

CANADIAN, AND AUSTRALIAN ARMIES’ PROGRAM. 

Section 1274 of the National Defense Authorization Act for 

Fiscal Year 2013 (10 U.S.C. 2350a note) is amended— 

(1) by amending subsection (c) to read as follows: 

‘‘(c) CONTRIBUTIONS BY PARTICIPANTS.— ‘‘(1) IN GENERAL.—An agreement under subsection (a) shall 

provide that— 

‘‘(A) the United States, as the host country for the 

Program, shall provide office facilities and related office 

equipment and supplies for the Program; and 

‘‘(B) each participating country shall contribute its 

equitable share of the remaining costs for the Program, 

including— 

‘‘(i) the agreed upon share of administrative costs 

related to the Program, except the costs for facilities 

and equipment and supplies described in subparagraph 

(A); and 

‘‘(ii) any amount allocated against the country for 

monetary claims as a result of participation in the 

Program, in accordance with the agreement. 

‘‘(2) EQUITABLE CONTRIBUTIONS.—The contributions, as allocated under paragraph (1) and set forth in an agreement under 

subsection (a), shall be considered equitable for purposes of 

this subsection and section 27(c) of the Arms Export Control 

Act (22 U.S.C. 2767(c)). 

‘‘(3) AUTHORIZED CONTRIBUTION.—An agreement under subsection (a) shall provide that each participating country may 

provide its contribution in funds, in personal property, in services required for the Program, or any combination thereof. 

‘‘(4) FUNDING FOR UNITED STATES CONTRIBUTION.—Any 

monetary contribution by the United States to the Program 

that is provided in funds shall be made from funds available 

to the Department of Defense for operation and maintenance. 

‘‘(5) CONTRIBUTIONS AND REIMBURSEMENTS FROM OTHER

PARTICIPATING COUNTRIES.— ‘‘(A) IN GENERAL.—The Secretary of Defense may accept 

from any other participating country a contribution or 

reimbursement of funds, personal property, or services 

made by the participating country in furtherance of the 

Program. 

‘‘(B) CREDIT TO APPROPRIATIONS.—Any contribution or 

reimbursement of funds received by the United States from 

any other participating country to meet that country’s share 

of the costs of the Program shall be credited to the appropriations available to the appropriate military department, 

as determined by the Secretary of Defense. 

‘‘(C) TREATMENT OF PERSONAL PROPERTY.—Any contribution or reimbursement of personal property received 

under this paragraph may be— 

‘‘(i) retained and used by the Program in the form 

in which it was contributed; 


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‘‘(ii) sold or otherwise disposed of in accordance 

with such terms, conditions, and procedures as the 

members of the Program consider appropriate, and 

any resulting proceeds shall be credited to appropriations of the appropriate military department, as 

described in subparagraph (B); or 

‘‘(iii) converted into a form usable by the Program. 

‘‘(D) USE OF CREDITED FUNDS.— 

‘‘(i) IN GENERAL.—Amounts credited under 

subparagraph (B) or (C)(ii) shall be— 

‘‘(I) merged with amounts in the appropriation 

concerned; 

‘‘(II) subject to the same conditions and limitations as amounts in such appropriation; and 

‘‘(III) available for payment of Program 

expenses described in clause (ii). 

‘‘(ii) PROGRAM EXPENSES DESCRIBED.—The Program 

expenses described in this clause include— 

‘‘(I) payments to contractors and other suppliers, including the Department of Defense and 

participating countries acting as suppliers, for necessary goods and services of the Program; 

‘‘(II) payments for any damages or costs 

resulting from the performance or cancellation of 

any contract or other obligation in support of the 

Program; 

‘‘(III) payments or reimbursements for other 

Program expenses; or 

‘‘(IV) refunds to other participating countries.’’; 

and 

(2) by striking subsection (g). 

SEC. 1322. FOREIGN AREA OFFICER ASSESSMENT AND REVIEW. 

(a) FINDINGS.—Congress finds the following: 

(1) Foreign Area Officers of the Army and their equivalent 

positions in the other Armed Forces (in this section referred 

to as ‘‘FAOs’’) are trained to manage, grow, and enhance security cooperation relationships between the United States and 

foreign partners and to build the overall military capacity and 

capabilities of foreign partners. 

(2) At present, some senior defense official positions in 

United States embassies are filled by officers lacking the necessary skills, training, and experience to strengthen the relationships between the United States and its critical partners 

and allies. 

(3) FAOs are trained to fill those positions, and deficiencies 

in the equitable use, assessment, promotion, diversity and inclusion of such officers, as well as limitations on career opportunities, undermine the ability of the Department of Defense to 

strengthen partnerships and alliances of the United States. 

(4) A federally funded research and development center 

can provide a roadmap to correcting these deficiencies, strengthening the FAO branch, and placing qualified FAOs in positions 

of positive influence over United States partnerships and alliances. 

(b) ASSESSMENT AND REVIEW REQUIRED.— 


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135 STAT. 2004 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) IN GENERAL.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

enter into an agreement with a federally funded research and 

development center to conduct an independent assessment and 

comprehensive review of the process by which Foreign Area 

Officers and their equivalent positions in the other Armed 

Forces (in this section referred to as ‘‘FAOs’’) are recruited, 

selected, trained, assigned, organized, promoted, retained, and 

used in security cooperation offices, senior defense roles in 

U.S. embassies, and in other critical roles of engagement with 

allies and partners. 

(2) ELEMENTS.—The assessment and review conducted 

under paragraph (1) shall include the following: 

(A) Identification and assessment of the number and 

location of senior defense official billets, including their 

grade structure and availability to FAOs. 

(B) A review of the cultural, racial, and ethnic diversity 

of FAOs. 

(C) An assessment of the assignment process for FAOs. 

(D) A review and assessment of the promotion criteria, 

process, and possible pathways for career advancement 

for FAOs. 

(E) A review of the organization and categorization 

of FAOs by geographic region. 

(F) An assessment of the training program for FAOs 

and its effectiveness. 

(G) An assessment of the available career paths for 

FAOs. 

(H) An assessment of the criteria used to determine 

staffing requirements for senior defense official positions 

and security cooperation roles for uniformed officers. 

(I) A review of the staffing of senior defense official 

and security cooperation roles and assessment to determine 

whether requirements are being met through the staffing 

process. 

(J) An assessment of how the broader utilization of 

FAOs in key security cooperation and embassy defense 

leadership billets would improve the quality and professionalism of the security cooperation workforce under section 384 of title 10, United States Code. 

(K) A review of how many FAO opportunities are jointqualifying and an assessment of whether increasing the 

number of joint-qualified opportunities for FAOs would 

increase recruitment, retention, and promotion. 

(L) Any other matters the Secretary determines relevant. 

(c) RESULTS.—The federally funded research and development 

center conducting the assessment and review described in subsection (b) shall submit to the Secretary the results of such assessment and review, which shall include the following: 

(1) A summary of the research and activities undertaken 

to carry out the assessment required by subsection (b). 

(2) Considerations and recommendations, including legislative recommendations, to achieve the following: 

(A) Improving the assessment, promotion, assignment 

selection, retention, and diversity of FAOs. 

Assessments. 

Review. 

Deadline. 

Assessment. 

Review. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2005 

(B) Assigning additional FAOs to positions as senior 

defense officials. 

(d) SUBMISSION TO CONGRESS.— 

(1) IN GENERAL.—Not later than December 31, 2022, the 

Secretary shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives— 

(A) an unaltered copy of the results submitted pursuant 

to subsection (c); and 

(B) the written responses of the Secretary and the 

Chairman of the Joint Chiefs of Staff to such results. 

(2) FORM.—The submission under paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

SEC. 1323. STUDY ON CERTAIN SECURITY COOPERATION PROGRAMS. 

(a) IN GENERAL.—Not later than 60 days after the date of 

the enactment of this Act, the Secretary of Defense shall enter 

into a contract with a federally funded research and development 

center with the appropriate expertise and analytical capability to 

carry out the study described in subsection (b). 

(b) STUDY.—The study described in this subsection shall— 

(1) provide for a comprehensive assessment of strategic 

and operational lessons collected from the war in Afghanistan 

that can be applied to existing and future security cooperation 

programs; 

(2) identify metrics used in the war in Afghanistan to 

measure progress in partner capacity building and defense 

institution building and whether such metrics are sufficient 

for measuring progress in future security cooperation programs; 

(3) assess challenges related to strategic planning for 

capacity building, baseline assessments of partner capacity, 

and issues related to project sustainment, and recommendations 

for how to manage such challenges; 

(4) assess Department of Defense coordination with coalition partners engaged in partner capacity building and defense 

institution building efforts, and recommendations for how to 

improve such coordination; 

(5) identify risks posed by rapid expansion or reductions 

in security cooperation, and recommendations for how to manage such risks; 

(6) identify risks posed by corruption in security cooperation 

programs and recommendations for how to manage such risks; 

(7) assess best practices and training improvements for 

managing cultural barriers in partner countries, and recommendations for how to promote cultural competency; 

(8) assess the effectiveness of the Department of Defense 

in promoting the rights of women, including incorporating a 

gender perspective in security cooperation programs, in accordance with the Women, Peace and Security Strategic Framework 

and Implementation Plan issued by the Department of Defense 

in June 2020 and the Women, Peace, and Security Act of 

2017 (Public Law 115–68); 

(9) identify best practices to promote partner country 

ownership of long-term objectives of the United States including 

with respect to human rights, democratic governance, and the 

rule of law; 

Assessments. 

Deadline. 

Deadline. 


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135 STAT. 2006 PUBLIC LAW 117–81—DEC. 27, 2021 

(10) assess challenges related to contractors of the Department of Defense, including cost, limited functions, and oversight; and 

(11) assess best practices for sharing lessons on security 

cooperation with allies and partners. 

(c) REPORT.— 

(1) TO SECRETARY OF DEFENSE.—Not later than two years 

after the date on which a federally funded research and development center enters into a contract described in subsection (a), 

such center shall submit to the Secretary of Defense a report 

containing the results of the study required under this section. 

(2) TO CONGRESS.— Not later than 30 days after the receipt 

of the report under paragraph (1), the Secretary of Defense 

shall submit to Congress such report, which shall be made 

public, together with any additional views or recommendations 

of the Secretary, which may be transmitted in a classified 

annex. 

SEC. 1324. NOTIFICATION RELATING TO OVERSEAS HUMANITARIAN, 

DISASTER, AND CIVIC AID FUNDS OBLIGATED IN SUPPORT OF OPERATION ALLIES WELCOME. 

Not later than 30 days after the date of the enactment of 

this Act and every 120 days thereafter until all applicable funds 

have been obligated in support of Operation Allies Welcome or 

any successor operation, the Secretary of Defense shall submit 

to the congressional defense committees a notification that 

includes— 

(1) the costs associated with the provision of transportation, 

housing, medical services, and other sustainment expenses for 

Afghan special immigrant visa applicants and other Afghans 

at risk; and 

(2) whether such funds were obligated under a reimbursable or nonreimbursable basis. 

Subtitle D—Other Matters 

SEC. 1331. EXTENSION AND MODIFICATION OF AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS. 

(a) EXTENSION.—Subsection (a) of section 1213 of the National 

Defense Authorization Act for Fiscal Year 2020 (Public Law 116– 

92; 10 U.S.C. 2731 note) is amended by striking ‘‘December 31, 

2022’’ and inserting ‘‘December 31, 2023’’. 

(b) MODIFICATION TO CONDITIONS ON PAYMENT.—Subsection 

(b) of such section is amended— 

(1) in paragraph (1) to read as follows: 

‘‘(1) the prospective foreign civilian recipient is not otherwise ineligible for payment under any other provision of law;’’; 

(2) in paragraph (2), by striking ‘‘a claim’’ and inserting 

‘‘a request’’; 

(3) in paragraph (4), by striking ‘‘the claimant’’ and 

inserting ‘‘the prospective foreign civilian recipient’’; and 

(4) in paragraph (5), by striking ‘‘the claimant’’ and 

inserting ‘‘the prospective foreign civilian recipient’’. 

(c) MODIFICATIONS TO QUARTERLY REPORT REQUIREMENT.—Subsection (g) of such section is amended— 

Costs. 

Deadline. 

Time period. 


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(1) in paragraph (1)(B), by striking ‘‘claims’’ and inserting 

‘‘requests’’; and 

(2) by adding at the end the following: 

‘‘(3) The status of Department of Defense efforts to establish 

the requests procedures required under subsection (d)(1) and 

to otherwise implement this section.’’. 

(d) MODIFICATION TO PROCEDURE TO SUBMIT REQUESTS.—Such 

section is further amended— 

(1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and 

(2) by inserting after subsection (c) the following: 

‘‘(d) PROCEDURES TO REVIEW ALLEGATIONS.— ‘‘(1) PROCEDURES REQUIRED.—Not later than 180 days after 

the date of enactment of this subsection, the Secretary of 

Defense shall establish procedures to receive, evaluate, and 

respond to allegations of civilian harm resulting from military 

operations involving the United States Armed Forces, a coalition that includes the United States, or a military organization 

supporting the United States. Such responses may include— 

‘‘(A) a formal acknowledgement of such harm; 

‘‘(B) a nonmonetary expression of condolence; or 

‘‘(C) an ex gratia payment. 

‘‘(2) CONSULTATION.—In establishing the procedures under 

paragraph (1), the Secretary of Defense shall consult with the 

Secretary of State and with nongovernmental organizations 

that focus on addressing civilian harm in conflict. 

‘‘(3) POLICY UPDATES.—Not later than one year after the 

date of the enactment of this subsection, the Secretary of 

Defense shall ensure that procedures established under paragraph (1) are formalized through updates to the policy referred 

to in section 936 of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 

10 U.S.C. 134 note).’’. 

(e) RULE OF CONSTRUCTION.—Nothing in this section or the 

amendments made by this section may be construed to require 

the Secretary of Defense to pause, suspend, or otherwise alter 

the provision of ex gratia payments in accordance with section 

1213 of the National Defense Authorization Act for Fiscal Year 

2020, as amended, in the course of developing the procedures 

required by subsection (d) of such section (as added by subsection 

(d) of this section). 

SEC. 1332. SECRETARY OF DEFENSE STRATEGIC COMPETITION INITIATIVE. 

(a) IN GENERAL.—The Secretary of Defense, with the concurrence of the Secretary of State, may provide funds for one or 

more Department of Defense activities or programs described in 

subsection (b) that advance United States national security objectives for strategic competition by supporting Department of Defense 

efforts to compete below the threshold of armed conflict and by 

supporting other Federal departments and agencies in advancing 

United States strategic interests. 

(b) AUTHORIZED ACTIVITIES AND PROGRAMS.—Activities and programs for which funds may be provided under subsection (a) are 

the following: 

(1) The provision of funds to pay for personnel expenses 

of foreign defense or security personnel for bilateral or regional 

10 USC 301 note. 

10 USC 2731 

note. 

Deadline. 

Deadline. 


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security cooperation programs and joint exercises, in accordance 

with section 321 of title 10, United States Code. 

(2) Activities to build the institutional capacity of foreign 

national security forces, including efforts to counter corruption, 

in accordance with section 332 of title 10, United States Code. 

(3) Activities to build the capabilities of the United States 

joint force and the security forces of United States allies and 

partners relating to irregular warfare. 

(4) Activities to expose and disprove foreign malign influence and disinformation, and to expose and deter coercion and 

subversion. 

(c) FUNDING.—Amounts made available for activities carried 

out pursuant to subsection (a) in a fiscal year may be derived 

only from amounts authorized to be appropriated for such fiscal 

year for the Department of Defense for operation and maintenance, 

Defense-wide. 

(d) RELATIONSHIP TO OTHER FUNDING.—Any amount provided 

by the Secretary of Defense during any fiscal year pursuant to 

subsection (a) for an activity or program described in subsection 

(b) shall be in addition to amounts otherwise available for that 

activity or program for that fiscal year. 

(e) USE OF FUNDS.— 

(1) LIMITATIONS.—Of funds made available under this section for any fiscal year— 

(A) not more than $20,000,000 in each fiscal year is 

authorized to be obligated and expended under this section; 

and 

(B) not more than $3,000,000 may be used to pay 

for personnel expenses under subsection (b)(1). 

(2) PROHIBITION.—Funds may not be provided under this 

section for any activity that has been denied authorization 

by Congress. 

(f) ANNUAL REPORT.—Not less frequently than annually, the 

Secretary of Defense shall submit to the congressional defense 

committees and the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of Representatives a report on the use of the authority under subsection (a). 

(g) PLAN FOR STRATEGIC COMPETITION INITIATIVE FOR U.S. 

SOUTHERN COMMAND AND U.S. AFRICA COMMAND.— 

(1) IN GENERAL.—The Secretary of Defense shall develop 

and submit to the congressional defense committees a plan 

for an initiative to support programs and activities for strategic 

competition in the areas of responsibility of United States 

Southern Command and United States Africa Command. 

(2) REPORT.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees the plan developed 

under paragraph (1). 

(h) TERMINATION.—The authority under subsection (a) shall 

terminate on September 30, 2024. 

SEC. 1333. EXTENSION AND MODIFICATION OF DEPARTMENT OF 

DEFENSE SUPPORT FOR STABILIZATION ACTIVITIES IN 

NATIONAL SECURITY INTEREST OF THE UNITED STATES. 

Section 1210A of the National Defense Authorization Act for 

Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1626) is amended— 


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(1) in subsection (a), by striking ‘‘for the stabilization activities of other Federal agencies specified in subsection (c)(1)’’ 

and inserting ‘‘to other Federal agencies specified in subsection 

(c)(1) for the stabilization activities of such agencies’’; 

(2) in subsection (b), by amending paragraph (1) to read 

as follows: 

‘‘(1) IN GENERAL.—Amounts authorized to be provided 

pursuant to this section shall be available only for support 

for stabilization activities— 

‘‘(A)(i) in a country specified in paragraph (2); and 

‘‘(ii) that the Secretary of Defense, with the concurrence 

of the Secretary of State, has determined are in the national 

security interest of the United States; or 

‘‘(B) in a country that— 

‘‘(i)(I) has been selected as a priority country under 

section 505 of the Global Fragility Act of 2019 (22 

U.S.C. 9804); or 

‘‘(II) is located in a region that has been selected 

as a priority region under section 505 of such Act; 

and 

‘‘(ii) has Department of Defense resource or personnel presence to support such activities.’’; 

(3) in the first sentence of subsection (c)(1), by striking 

‘‘Support may be provided for stabilization activities under 

subsection (a)’’ and inserting ‘‘Support under subsection (a) 

may be provided’’; 

(4) in subsection (g)(1), by striking ‘‘, Defense-wide’’; and 

(5) in subsection (h), by striking ‘‘December 31, 2021’’ and 

inserting ‘‘December 31, 2023’’. 

SEC. 1334. PILOT PROGRAM TO SUPPORT THE IMPLEMENTATION OF 

THE WOMEN, PEACE, AND SECURITY ACT OF 2017. 

Section 1210E of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended by— 

(1) redesignating subsection (f) as subsection (h); and 

(2) by inserting after subsection (e) the following new subsections (f) and (g): 

‘‘(f) PILOT PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Secretary of Defense, in consultation with the Secretary of State, shall establish and carry 

out a pilot program for the purpose of conducting partner 

country assessments described in subsection (b)(2). 

‘‘(2) CONTRACT AUTHORITY.—The Secretary of Defense, in 

consultation with the Secretary of State, shall seek to enter 

into one or more contracts with a nonprofit organization or 

a federally funded research and development center independent of the Department for the purpose of conducting such 

partner country assessments. 

‘‘(3) SELECTION OF COUNTRIES.— 

‘‘(A) IN GENERAL.—The Secretary of Defense, in consultation with the commanders of the combatant commands 

and relevant United States ambassadors, shall select one 

partner country within the area of responsibility of each 

geographic combatant command for participation in the 

pilot program. 

Consultation. 

Consultation. 

Consultation. 

Assessments. 


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‘‘(B) CONSIDERATIONS.—In making the selection under 

subparagraph (A), the Secretary of Defense shall consider— 

‘‘(i) the demonstrated political commitment of the 

partner country to increasing the participation of 

women in the security sector; and 

‘‘(ii) the national security priorities and theater 

campaign strategies of the United States. 

‘‘(4) PARTNER COUNTRY ASSESSMENTS.—Partner country 

assessments conducted under the pilot program shall be— 

‘‘(A) adapted to the local context of the partner country 

being assessed; 

‘‘(B) conducted in collaboration with the security sector 

of the partner country being assessed; and 

‘‘(C) based on tested methodologies. 

‘‘(5) REVIEW AND ASSESSMENT.—With respect to each 

partner country assessment conducted under the pilot program, 

the Secretary of Defense, in consultation with the Secretary 

of State, shall— 

‘‘(A) review the methods of research and analysis used 

by any entity contracted with under paragraph (2) in conducting the assessment and identify lessons learned from 

such review; and 

‘‘(B) assess the ability of the Department to conduct 

future partner country assessments without entering into 

such a contract, including by assessing potential costs and 

benefits for the Department that may arise in conducting 

such future assessments. 

‘‘(6) FINDINGS.— 

‘‘(A) IN GENERAL.—The Secretary of Defense, in consultation with the Secretary of State, shall use findings 

from each partner country assessment to inform effective 

security cooperation activities and security sector assistance interventions by the United States in the partner 

country assessed, which shall be designed to substantially 

increase opportunities for the recruitment, employment, 

development, retention, deployment, and promotion of 

women in the national security forces of such partner 

country (including for deployments to peace operations and 

for participation in counterterrorism operations and activities). 

‘‘(B) MODEL METHODOLOGY.—The Secretary of Defense, 

in consultation with the Secretary of State, shall develop, 

based on the findings of the pilot program, a model barrier 

assessment methodology for use across the geographic 

combatant commands. 

‘‘(7) REPORTS.— 

‘‘(A) IN GENERAL.—Not later than 2 years after the 

date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense, 

in consultation with the Secretary of State, shall submit 

to the appropriate committees of Congress an initial report 

on the implementation of the pilot program under this 

subsection that includes an identification of the partner 

countries selected for participation in the program and 

the justifications for such selections. 

Consultation. 

Assessment. 

Review. 

Consultation. 


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‘‘(B) METHODOLOGY.—On the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in consultation with the 

Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment 

methodology developed under paragraph (6)(B). 

‘‘(g) BRIEFING.—Not later than 1 year after the date of the 

enactment of the National Defense Authorization Act for Fiscal 

Year 2022, the Director of the Defense Security Cooperation Agency 

shall provide to the appropriate committees of Congress a briefing 

on the efforts to build partner defense institution and security 

force capacity pursuant to this section.’’. 

SEC. 1335. ANNUAL REPORT ON COMPREHENSIVE NUCLEAR-TEST-BAN 

TREATY SENSORS. 

(a) REQUIREMENT.—Not later than 90 days after the date of 

the enactment of this Act, and not later than September 1 of 

each subsequent year, the Secretary of State shall submit to the 

appropriate congressional committees a report on the sensors used 

in the international monitoring system of the Comprehensive 

Nuclear-Test-Ban Treaty Organization. Each such report shall 

include, with respect to the period covered by the report— 

(1) the number of incidents where such sensors are disabled, turned off, or experience ‘‘technical difficulties’’; and 

(2) with respect to each such incident— 

(A) the location of the sensor; 

(B) the duration of the incident; and 

(C) whether the Secretary determines there is reason 

to believe that the incident was a deliberate act on the 

part of the host nation. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Foreign Affairs and the Committee 

on Armed Services of the House of Representatives; and 

(2) the Committee on Foreign Relations and the Committee 

on Armed Services of the Senate. 

SEC. 1336. SECURITY ASSISTANCE IN NORTHERN TRIANGLE COUNTRIES. 

(a) CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA.— Prior to the transfer of any vehicles by the Department of Defense 

to a joint task force of the Ministry of Defense or Ministry of 

the Interior of Guatemala during fiscal year 2022, the Secretary 

of Defense shall certify to the congressional defense committees 

that such ministries have made a credible commitment to use 

such equipment only for the uses for which they were intended. 

(b) REPORT ON SECURITY COOPERATION WITH NORTHERN TRI- ANGLE COUNTRIES.— 

(1) IN GENERAL.—Not later than June 30, 2022, the Secretary of Defense shall submit to the congressional defense 

committees a report that includes the following: 

(A) A description of any ongoing or planned security 

cooperation activities between the United States and the 

Northern Triangle countries focused on protection of human 

rights and adherence to the rule of law. 

(B) A description of efforts to investigate credible 

information on gross violations of human rights by the 

22 USC 2595d. 

Deadline. 

Determination. 

Consultation. 


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military or national security forces of the governments 

of Northern Triangle countries since January 1, 2017, consistent with applicable law, including the possible use in 

committing such violations of defense articles provided by 

the United States. 

(2) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form but may contain a classified 

annex. 

(c) GAO REPORT.— 

(1) Not later than June 30, 2022, the Comptroller General 

shall submit to the congressional defense committees a report 

containing an evaluation of the Department of Defense’s enduse monitoring procedures for tracking credible information 

regarding the misuse by Northern Triangle countries of equipment provided by the Department of Defense, including— 

(A) the Department’s review of any credible information related to the misuse of Department of Defense-provided vehicles to Northern Triangle countries since 2018; 

and 

(B) a description of any remediation activities undertaken by the Department of Defense and Northern Triangle 

countries in response to any such misuse. 

(d) STRATEGIC EVALUATION OF SECURITY COOPERATION WITH

NORTHERN TRIANGLE COUNTRIES.— 

(1) IN GENERAL.—Not later than March 31, 2022, the Secretary of Defense shall enter into an agreement with an appropriate federally funded research and development center to 

complete an evaluation, not later than June 30, 2024, of Department of Defense security cooperation programs in United States 

Southern Command area of responsibility that includes— 

(A) how such programs in general and in Northern 

Triangle countries in particular advance U.S. Southern 

Command’s Theater Campaign Plan; 

(B) how such programs in general and in Northern 

Triangle countries in particular promote the rule of law 

and human rights in the United States Southern Command 

area of responsibility; 

(C) how such programs in general and in Northern 

Triangle countries in particular advance the objectives of 

the National Defense Strategy; and 

(D) any other matters the Secretary deems appropriate. 

(2) REPORT.—The Secretary of Defense shall submit to the 

congressional defense committees a report that includes the 

evaluation completed by the federally funded research and 

development center selected pursuant to paragraph (1) within 

30 days of receiving such evaluation. 

(3) FORM.—The report required by subsection (2) shall be 

submitted in unclassified form and posted on the Department 

of Defense’s public website, but may contain a classified annex. 

(e) NORTHERN TRIANGLE COUNTRIES DEFINED.—In this section, 

the term ‘‘Northern Triangle countries’’ means El Salvador, Guatemala, and Honduras. 

SEC. 1337. REPORT ON HUMAN RIGHTS IN COLOMBIA. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense, in coordination 

Deadlines. 


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with the Secretary of State, shall submit to the appropriate congressional committees a report that includes the following: 

(1) A detailed summary of the security cooperation relationship between the United States and Colombia, including a 

description of United States objectives, any ongoing or planned 

security cooperation activities with the military or other security forces of Colombia, an assessment of the capabilities of 

the military or other security forces of Colombia, and a description of the capabilities of the military or other security forces 

of Colombia that the Department of Defense has identified 

as a priority for further capability building efforts. 

(2) A description of any ongoing or planned cooperative 

activities between the United States and Colombia focused 

on human rights and adherence to the rule of law, and a 

description of the manner and extent to which the security 

cooperation strategy between the United States and Colombia 

seeks to build the institutional capacity of the Colombian military or other Colombian security forces to respect human rights 

and encourage accountability. 

(b) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

SEC. 1338. REPORT ON EFFORTS BY THE PEOPLE’S REPUBLIC OF 

CHINA TO EXPAND ITS PRESENCE AND INFLUENCE IN 

LATIN AMERICA AND THE CARIBBEAN. 

(a) REPORT.—Not later than June 30, 2022, the Secretary of 

State, in coordination with the Secretary of Defense and in consultation with the heads of other appropriate Federal departments and 

agencies, as necessary, shall submit to the appropriate congressional 

committees a report that identifies efforts by the Government of 

the People’s Republic of China to expand its presence and influence 

in Latin America and the Caribbean through diplomatic, military, 

economic, and other means, and describes the implications of such 

efforts on the national defense and security interests of the United 

States. 

(b) ELEMENTS.—The report required by subsection (a) shall 

also include the following: 

(1) An identification of— 

(A) the countries of Latin America and the Caribbean 

with which the Government of the People’s Republic of 

China maintains especially close diplomatic, military, and 

economic relationships; 

(B) the number and contents of strategic partnership 

agreements or similar agreements, including any nonpublic, secret, or informal agreements, that the Government of the People’s Republic of China has established 

with countries and regional organizations of Latin America 

and the Caribbean; 

(C) the countries of Latin America and the Caribbean 

that have joined the Belt and Road Initiative or the Asian 

Infrastructure Investment Bank; 

(D) the countries of Latin America and the Caribbean 

to which the Government of the People’s Republic of China 


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provides foreign assistance or disaster relief (including 

access to COVID–19 vaccines), including a description of 

the amount and purpose of, and any conditions attached 

to, such assistance; 

(E) countries and regional organizations of Latin 

America and the Caribbean in which the Government of 

the People’s Republic of China, including its state-owned 

or state-directed enterprises and banks, have undertaken 

significant investments, or infrastructure projects, and correspondent banking and lending activities, at the regional, 

national, or subnational levels; 

(F) recent visits by senior officials of the Government 

of the People’s Republic of China, including its state-owned 

or state-directed enterprises, to Latin America and the 

Caribbean, and visits by senior officials from Latin America 

and the Caribbean to the People’s Republic of China; 

(G) the existence of any defense exchanges, military 

or police education or training, and exercises between any 

military or police organization of the Government of the 

People’s Republic of China and military, police, or securityoriented organizations of countries of Latin America and 

the Caribbean; 

(H) countries and regional organizations of Latin 

America and the Caribbean that maintain diplomatic relations with Taiwan; and 

(I) any steps that the Government of the People’s 

Republic of China has taken to encourage countries and 

regional organizations of Latin America and the Caribbean 

to switch diplomatic relations to the People’s Republic of 

China instead of Taiwan. 

(2) A detailed description of— 

(A) the relationship between the Government of the 

People’s Republic of China and the Government of Venezuela and the Government of Cuba; 

(B) military installations, assets, and activities of the 

Government of the People’s Republic of China in Latin 

America and the Caribbean that currently exist or are 

planned for the future; 

(C) sales or transfers of defense articles and services 

by the Government of the People’s Republic of China to 

countries of Latin America and the Caribbean; 

(D) a comparison of sales and transfers of defense 

articles and services to countries of Latin America and 

the Caribbean by the Government of the People’s Republic 

of China, the Russian Federation, and the United States; 

(E) any other form of military, paramilitary, or security 

cooperation between the Government of the People’s 

Republic of China and the governments of countries of 

Latin America and the Caribbean; 

(F) the nature, extent, and purpose of the Government 

of the People’s Republic of China’s intelligence activities 

in Latin America and the Caribbean; 

(G) the role of the Government of the People’s Republic 

of China in transnational crime in Latin America and 

the Caribbean, including trafficking and money laundering, 

as well as any links to the People’s Liberation Army; 


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(H) efforts by the Government of the People’s Republic 

of China to expand the reach and influence of its financial 

system within Latin America and the Caribbean, through 

banking activities and payments systems and through 

goods and services related to the use of the digital yuan; 

and 

(I) efforts by the Government of the People’s Republic 

of China to build its media presence in Latin America 

and the Caribbean, and any government-directed 

disinformation or information warfare campaigns in the 

region, including for military purposes or with ties to the 

People’s Liberation Army. 

(3) An assessment of— 

(A) the specific objectives that the Government of the 

People’s Republic of China seeks to achieve by expanding 

its presence and influence in Latin America and the Caribbean, including any objectives articulated in official documents or statements; 

(B) whether certain investments by the Government 

of the People’s Republic of China, including in port projects, 

canal projects, and telecommunications projects in Latin 

America and the Caribbean, could have military uses or 

dual use capability or could enable the Government of 

the People’s Republic of China to monitor or intercept 

United States or host nation communications; 

(C) the degree to which the Government of the People’s 

Republic of China uses its presence and influence in Latin 

America and the Caribbean to encourage, pressure, or 

coerce governments in the region to support its defense 

and national security goals, including policy positions taken 

by the Government of the People’s Republic of China at 

international institutions; 

(D) documented instances of governments of countries 

of Latin America and the Caribbean silencing, or 

attempting to silence, local critics of the Government of 

the People’s Republic of China, including journalists, academics, and civil society representatives, in order to placate 

the Government of the People’s Republic of China; 

(E) the rationale for the Government of the People’s 

Republic of China becoming an observer at the Organization of American States; 

(F) the relationship between the Government of the 

People’s Republic of China and the Community of Latin 

American and Caribbean States (CELAC), a regional 

organization that excludes the United States, and the role 

of the China-CELAC Forum in coordinating such relationship; and 

(G) the specific actions and activities undertaken by 

the Government of the People’s Republic of China in Latin 

America and the Caribbean that present the greatest threat 

or challenge to the United States’ defense and national 

security interests in the region. 

(4) Any other matters the Secretary of State determines 

is appropriate. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form without any designation relating to 

dissemination control, but may include a classified annex. 


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(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; 

and 

(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. 

(2) The terms ‘‘Latin America and the Caribbean’’ and 

‘‘countries of Latin America and the Caribbean’’ mean the countries and non-United States territories of South America, Central America, the Caribbean, and Mexico. 

SEC. 1339. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING 

TO NON-UNITED STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE ONGOING CIVIL WAR IN YEMEN. 

Section 1273(a) of the National Defense Authorization Act for 

Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1699) is amended 

by striking ‘‘two-year period’’ and inserting ‘‘four-year period’’. 

SEC. 1340. STATEMENT OF POLICY AND REPORT ON YEMEN. 

(a) STATEMENT OF POLICY.—It is the policy of the United 

States— 

(1) to continue to support and further efforts to bring 

an end to the conflict in Yemen; 

(2) to support efforts so that United States defense articles 

and services are not used for military operations resulting 

in civilian casualties; and 

(3) to work with allies and partners to address the ongoing 

humanitarian needs of Yemeni civilians. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report on whether the 

Government of Saudi Arabia has undertaken offensive airstrikes inside Yemen in the preceding year resulting in civilian 

casualties. 

(2) MATTERS TO BE INCLUDED.—The report required by 

this subsection shall include the following: 

(A) A full description of any such airstrikes, including 

a detailed accounting of civilian casualties incorporating 

information from non-governmental sources. 

(B) An identification of Government of Saudi Arabia 

air units responsible for any such airstrikes. 

(C) A description of aircraft and munitions used in 

any such airstrikes. 

(3) FORM.—The report required by this subsection shall 

be submitted in unclassified form, but may contain a classified 

annex if necessary. 

(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on 

Intelligence of the Senate; and 

22 USC 2151 

note. 


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(B) the Committee on Foreign Affairs, the Committee 

on Armed Services, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

SEC. 1341. LIMITATION ON SUPPORT TO MILITARY FORCES OF THE 

KINGDOM OF MOROCCO FOR MULTILATERAL EXERCISES. 

(a) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available to the Department 

of Defense for fiscal year 2022 may be used by the Secretary 

of Defense to support the participation of the military forces of 

the Kingdom of Morocco in any multilateral exercise administered 

by the Department of Defense unless the Secretary determines, 

in consultation with the Secretary of State, that the Kingdom 

of Morocco is committed to seeking a mutually acceptable political 

solution in Western Sahara. 

(b) WAIVER.—The Secretary may waive application of the limitation under subsection (a) if the Secretary submits to the congressional defense committees a written determination and justification 

that the waiver is important to the national security interests 

of the United States. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide. 

Sec. 1404. Defense Inspector General. 

Sec. 1405. Defense Health Program. 

Subtitle B—Other Matters 

Sec. 1411. Acquisition of strategic and critical materials from the national technology and industrial base. 

Sec. 1412. Authorization to loan materials in National Defense Stockpile. 

Sec. 1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. 

Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home. 

Subtitle A—Military Programs 

SEC. 1401. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2022 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds, as specified in the funding 

table in section 4501. 

SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

DEFENSE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for the Department of Defense for 

fiscal year 2022 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in 

the funding table in section 4501. 

(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for— 

Determination. 


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(1) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521); and 

(2) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such 

Act. 

SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, as specified in the funding table in section 4501. 

SEC. 1404. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501. 

SEC. 1405. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for fiscal year 

2022 for the Defense Health Program for use of the Armed Forces 

and other activities and agencies of the Department of Defense 

for providing for the health of eligible beneficiaries, as specified 

in the funding table in section 4501. 

Subtitle B—Other Matters 

SEC. 1411. ACQUISITION OF STRATEGIC AND CRITICAL MATERIALS 

FROM THE NATIONAL TECHNOLOGY AND INDUSTRIAL 

BASE. 

The Strategic and Critical Materials Stock Piling Act (50 U.S.C. 

98 et seq.) is amended— 

(1) in section 6(b)(2), by inserting ‘‘to consult with producers 

and processors of such materials’’ before ‘‘to avoid’’; 

(2) in section 12, by adding at the end the following new 

paragraph: 

‘‘(3) The term ‘national technology and industrial base’ 

has the meaning given such term in section 2500 of title 10, 

United States Code.’’; and 

(3) in section 15(a)— 

(A) in paragraph (3), by striking ‘‘and’’ at the end; 

(B) in paragraph (4), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(5) if domestic sources are unavailable to meet the requirements defined in paragraphs (1) through (4), by making efforts 

to prioritize the purchase of strategic and critical materials 

from the national technology and industrial base.’’. 

SEC. 1412. AUTHORIZATION TO LOAN MATERIALS IN NATIONAL 

DEFENSE STOCKPILE. 

Section 6 of the Strategic and Critical Materials Stock Piling 

Act (50 U.S.C. 98e) is amended by adding at the end the following 

new subsection: 


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‘‘(f) The President may loan stockpile materials to the Department of Energy or the military departments if the President— 

‘‘(1) has a reasonable assurance that stockpile materials 

of a similar or superior quantity and quality to the materials 

loaned will be returned to the stockpile or paid for; 

‘‘(2) notifies the congressional defense committees (as 

defined in section 101(a) of title 10, United States Code), in 

writing, not less than 30 days before making any such loan; 

and 

‘‘(3) includes in the written notification under paragraph 

(2) sufficient support for the assurance described in paragraph 

(1).’’. 

SEC. 1413. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS 

MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN 

JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS. 

(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds authorized to be appropriated for section 1405 and available for the 

Defense Health Program for operation and maintenance, 

$137,000,000 may be transferred by the Secretary of Defense to 

the Joint Department of Defense–Department of Veterans Affairs 

Medical Facility Demonstration Fund established by subsection 

(a)(1) of section 1704 of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For 

purposes of subsection (a)(2) of such section 1704, any funds so 

transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. 

(b) USE OF TRANSFERRED FUNDS.—For the purposes of subsection (b) of such section 1704, facility operations for which funds 

transferred under subsection (a) may be used are operations of 

the Captain James A. Lovell Federal Health Care Center, consisting 

of the North Chicago Veterans Affairs Medical Center, the Navy 

Ambulatory Care Center, and supporting facilities designated as 

a combined Federal medical facility under an operational agreement 

covered by section 706 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4500). 

SEC. 1414. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 

RETIREMENT HOME. 

There is hereby authorized to be appropriated for fiscal year 

2022 from the Armed Forces Retirement Home Trust Fund the 

sum of $75,300,000 for the operation of the Armed Forces Retirement Home. 

TITLE XV—CYBERSPACE-RELATED 

MATTERS 

Subtitle A—Matters Related to Cyber Operations and Cyber Forces 

Sec. 1501. Development of taxonomy of cyber capabilities. 

Sec. 1502. Extension of sunset for pilot program on regional cybersecurity training 

center for the Army National Guard. 

Sec. 1503. Modification of the Principal Cyber Advisor. 

Sec. 1504. Evaluation of Department of Defense cyber governance. 

Sec. 1505. Operational technology and mission-relevant terrain in cyberspace. 

Sec. 1506. Matters concerning cyber personnel requirements. 

President. 

Notifications. 

Deadline. 


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Sec. 1507. Assignment of certain budget control responsibilities to commander of 

United States Cyber Command. 

Sec. 1508. Coordination between United States Cyber Command and private sector. 

Sec. 1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities. 

Sec. 1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure. 

Sec. 1511. Comparative analysis of cybersecurity capabilities. 

Sec. 1512. Eligibility of owners and operators of critical infrastructure to receive 

certain Department of Defense support and services. 

Sec. 1513. Report on potential Department of Defense support and assistance for 

increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure. 

Subtitle B—Matters Related to Department of Defense Cybersecurity and 

Information Technology 

Sec. 1521. Enterprise-wide procurement of cyber data products and services. 

Sec. 1522. Legacy information technologies and systems accountability. 

Sec. 1523. Update relating to responsibilities of Chief Information Officer. 

Sec. 1524. Protective Domain Name System within the Department of Defense. 

Sec. 1525. Cybersecurity of weapon systems. 

Sec. 1526. Assessment of controlled unclassified information program. 

Sec. 1527. Cyber data management. 

Sec. 1528. Zero trust strategy, principles, model architecture, and implementation 

plans. 

Sec. 1529. Demonstration program for automated security validation tools. 

Sec. 1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters. 

Sec. 1531. Digital development infrastructure plan and working group. 

Sec. 1532. Study regarding establishment within the Department of Defense of a 

designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department. 

Sec. 1533. Report on the Cybersecurity Maturity Model Certification program. 

Sec. 1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system. 

Subtitle C—Matters Related to Federal Cybersecurity 

Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to 

identify threats to industrial control systems. 

Sec. 1542. Cybersecurity vulnerabilities. 

Sec. 1543. Report on cybersecurity vulnerabilities. 

Sec. 1544. Competition relating to cybersecurity vulnerabilities. 

Sec. 1545. Strategy. 

Sec. 1546. Cyber incident response plan. 

Sec. 1547. National cyber exercise program. 

Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure Security 

Agency. 

Sec. 1549. Strategic assessment relating to innovation of information systems and 

cybersecurity threats. 

Sec. 1550. Pilot program on public-private partnerships with internet ecosystem 

companies to detect and disrupt adversary cyber operations. 

Sec. 1551. United States-Israel cybersecurity cooperation. 

Sec. 1552. Authority for National Cyber Director to accept details on nonreimbursable basis. 

Subtitle A—Matters Related to Cyber 

Operations and Cyber Forces 

SEC. 1501. DEVELOPMENT OF TAXONOMY OF CYBER CAPABILITIES. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall develop 

a taxonomy of cyber capabilities, including software, hardware, 

middleware, code, other information technology, and accesses, 

designed for use in cyber effects operations. 

(b) REPORT.— 

Deadline. 


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(1) IN GENERAL.—Not later than 30 days after the development of the taxonomy of cyber capabilities required under 

subsection (a), the Secretary of Defense shall submit to the 

congressional defense committees a report regarding such taxonomy. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following: 

(A) The definitions associated with each category contained within the taxonomy of cyber capabilities developed 

pursuant to subsection (a). 

(B) Recommendations for improved reporting mechanisms to Congress regarding such taxonomy of cyber 

capabilities, using amounts from the Cyberspace Activities 

Budget of the Department of Defense. 

(C) Recommendations for modifications to the notification requirement under section 396 of title 10, United 

States Code, in order that such notifications would include 

information relating to such taxonomy of cyber capabilities, 

including with respect to both physical and nonphysical 

cyber effects. 

(D) Any other elements the Secretary determines 

appropriate. 

SEC. 1502. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL 

CYBERSECURITY TRAINING CENTER FOR THE ARMY 

NATIONAL GUARD. 

Section 1651(e) of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 32 

U.S.C. 501 note) is amended by striking ‘‘2022’’ and inserting ‘‘2024’’. 

SEC. 1503. MODIFICATION OF THE PRINCIPAL CYBER ADVISOR. 

(a) IN GENERAL.—Paragraph (1) of section 932(c) of the National 

Defense Authorization Act for Fiscal Year 2014 (Public Law 113– 

66; 10 U.S.C. 2224 note) is amended to read as follows: 

‘‘(1) DESIGNATION.—(A) The Secretary shall designate, from 

among the personnel of the Office of the Under Secretary 

of Defense for Policy, a Principal Cyber Advisor to act as 

the principal advisor to the Secretary on military cyber forces 

and activities. 

‘‘(B) The Secretary may only designate an official under 

this paragraph if such official was appointed to the position 

in which such official serves by and with the advice and consent 

of the Senate.’’. 

(b) DESIGNATION OF DEPUTY PRINCIPAL CYBER ADVISOR.—Section 905(a)(1) of the National Defense Authorization Act for Fiscal 

Year 2020 (Public Law 116–92; 10 U.S.C. 391 note) is amended 

by striking ‘‘Office of the Secretary of Defense’’ and inserting ‘‘Office 

of the Under Secretary of Defense for Policy’’. 

(c) BRIEFING.—Not later than 90 days after the date of the 

enactment of this Act, the Deputy Secretary of Defense shall brief 

the Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives on such recommendations as the Deputy Secretary may have for alternate 

reporting structures for the Principal Cyber Advisor and the Deputy 

Principal Cyber Advisor within the Office of the Under Secretary 

for Policy. 

Deadline. 

Recommendations. 

Determination. 

Recommendations. 

Notifications. 

Recommendations. 


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135 STAT. 2022 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 1504. EVALUATION OF DEPARTMENT OF DEFENSE CYBER 

GOVERNANCE. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall complete 

an evaluation and review of the Department of Defense’s current 

cyber governance construct. 

(b) SCOPE.—The evaluation and review conducted pursuant to 

subsection (a) shall— 

(1) assess the performance of the Department of Defense 

in carrying out the pillars of the cyber strategy and lines 

of efforts established in the most recent cyber posture review, 

including— 

(A) conducting military cyberspace operations of offensive, defensive, and protective natures; 

(B) securely operating technologies associated with 

information networks, industrial control systems, operational technologies, weapon systems, and weapon platforms; and 

(C) enabling, encouraging, and supporting the security 

of international, industrial, and academic partners; 

(2) analyze and assess the current institutional constructs 

across the Office of the Secretary of Defense, Joint Staff, military services, and combatant commands involved with and 

responsible for the execution of and civilian oversight for the 

responsibilities specified in paragraph (1); 

(3) analyze and assess the delineation of responsibilities 

within the current institutional construct within the Office 

of the Secretary of Defense for addressing the objectives of 

the 2018 Department of Defense Cyber Strategy and any superseding strategies, as well as identifying potential seams in 

responsibility; 

(4) examine the Department’s policy, legislative, and regulatory regimes related to cyberspace and cybersecurity matters, 

including the 2018 Department of Defense Cyber Strategy and 

any superseding strategies, for sufficiency in carrying out the 

responsibilities specified in paragraph (1); 

(5) examine the Office of the Secretary of Defense’s current 

alignment for the integration and coordination of cyberspace 

activities with other aspects of information operations, 

including information warfare and electromagnetic spectrum 

operations; 

(6) examine the current roles and responsibilities of each 

Principal Staff Assistant to the Secretary of Defense as such 

relate to the responsibilities specified in paragraph (1), and 

identify redundancy, duplication, or matters requiring 

deconfliction or clarification; 

(7) evaluate and, as appropriate, implement relevant managerial innovation from the private sector in the management 

of complex missions, including enhanced cross-functional 

teaming; 

(8) evaluate the state of collaboration among each Principal 

Staff Assistant in matters related to acquisition of cyber 

capabilities and other enabling technologies supporting the 

responsibilities specified in paragraph (1); 

(9) analyze and assess the Department’s performance in 

and posture for building and retaining the requisite workforce 

Assessment. 

Assessment. 

Assessment. 

Assessment. 

Review. 

Deadline. 

Review. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2023 

necessary to perform the responsibilities specified in paragraph 

(1); 

(10) determine optimal governance structures related to 

the management and advancement of the Department’s cyber 

workforce, including those structures defined under and evaluated pursuant to section 1649 of the National Defense 

Authorization Act for Fiscal Year 2020 (Public Law 116–92) 

and section 1726 of the National Defense Authorization Act 

for Fiscal Year 2021 (Public Law 116–283); 

(11) develop policy and legislative recommendations, as 

appropriate, to delineate and deconflict the roles and responsibilities of United States Cyber Command in defending and 

protecting the Department of Defense Information Network 

(DoDIN), with the responsibility of the Chief Information 

Officer, the Defense Information Systems Agency, and the military services to securely operate technologies described in paragraph (1)(B); 

(12) develop policy and legislative recommendations to 

enhance the authority of the Chief Information Officers within 

the military services, specifically as such relates to executive 

and budgetary control over matters related to such services’ 

information technology security, acquisition, and value; 

(13) develop policy and legislative recommendations, as 

appropriate, for optimizing the institutional constructs across 

the Office of the Secretary of Defense, Joint Staff, military 

services, and combatant commands involved with and responsible for the responsibilities specified in paragraph (1); and 

(14) make recommendations for any legislation determined 

appropriate. 

(c) INTERIM BRIEFINGS.—Not later than 90 days after the 

commencement of the evaluation and review conducted pursuant 

to subsection (a) and every 30 days thereafter, the Secretary of 

Defense shall brief the congressional defense committees on interim 

findings of such evaluation and review. 

(d) REPORT.—Not later than 30 days after the completion of 

the evaluation and review conducted pursuant to subsection (a), 

the Secretary of Defense shall submit to the congressional defense 

committees a report on such evaluation and review. 

SEC. 1505. OPERATIONAL TECHNOLOGY AND MISSION-RELEVANT TERRAIN IN CYBERSPACE. 

(a) MISSION-RELEVANT TERRAIN.—Not later than January 1, 

2025, the Secretary of Defense shall complete mapping of missionrelevant terrain in cyberspace for Defense Critical Assets and Task 

Critical Assets at sufficient granularity to enable mission thread 

analysis and situational awareness, including required— 

(1) decomposition of missions reliant on such Assets; 

(2) identification of access vectors; 

(3) internal and external dependencies; 

(4) topology of networks and network segments; 

(5) cybersecurity defenses across information and operational technology on such Assets; and 

(6) identification of associated or reliant weapon systems. 

(b) COMBATANT COMMAND RESPONSIBILITIES.—Not later than 

January 1, 2024, the Commanders of United States European Command, United States Indo-Pacific Command, United States 

Northern Command, United States Strategic Command, United 

Deadline. 

Deadline. 

10 USC 394 note. 

Deadline. 

Time period. 

Recommendations. 

Determination. 


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135 STAT. 2024 PUBLIC LAW 117–81—DEC. 27, 2021 

States Space Command, United States Transportation Command, 

and other relevant Commands, in coordination with the Commander 

of United States Cyber Command, in order to enable effective 

mission thread analysis, cyber situational awareness, and effective 

cyber defense of Defense Critical Assets and Task Critical Assets 

under their control or in their areas of responsibility, shall develop, 

institute, and make necessary modifications to— 

(1) internal combatant command processes, responsibilities, 

and functions; 

(2) coordination with service components under their operational control, United States Cyber Command, Joint Forces 

Headquarters-Department of Defense Information Network, 

and the service cyber components; 

(3) combatant command headquarters’ situational awareness posture to ensure an appropriate level of cyber situational 

awareness of the forces, facilities, installations, bases, critical 

infrastructure, and weapon systems under their control or in 

their areas of responsibility, including, in particular, Defense 

Critical Assets and Task Critical Assets; and 

(4) documentation of their mission-relevant terrain in 

cyberspace. 

(c) DEPARTMENT OF DEFENSE CHIEF INFORMATION OFFICER

RESPONSIBILITIES.— 

(1) IN GENERAL.—Not later than November 1, 2023, the 

Chief Information Officer of the Department of Defense shall 

establish or make necessary changes to policy, control systems 

standards, risk management framework and authority to 

operate policies, and cybersecurity reference architectures to 

provide baseline cybersecurity requirements for operational 

technology in forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of 

Defense Information Network. 

(2) IMPLEMENTATION OF POLICIES.—The Chief Information 

Officer of the Department of Defense shall leverage acquisition 

guidance, concerted assessment of the Department’s operational 

technology enterprise, and coordination with the military 

department principal cyber advisors and chief information officers to drive necessary change and implementation of relevant 

policy across the Department’s forces, facilities, installations, 

bases, critical infrastructure, and weapon systems. 

(3) ADDITIONAL RESPONSIBILITIES.—The Chief Information 

Officer of the Department of Defense shall ensure that policies, 

control systems standards, and cybersecurity reference architectures— 

(A) are implementable by components of the Department; 

(B) limit adversaries’ ability to reach or manipulate 

control systems through cyberspace; 

(C) appropriately balance non-connectivity and monitoring requirements; 

(D) include data collection and flow requirements; 

(E) interoperate with and are informed by the operational community’s workflows for defense of information 

and operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems 

across the Department; 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2025 

(F) integrate and interoperate with Department mission assurance construct; and 

(G) are implemented with respect to Defense Critical 

Assets and Task Critical Assets. 

(d) UNITED STATES CYBER COMMAND OPERATIONAL RESPONSIBILITIES.—Not later than January 1, 2025, the Commander of 

United States Cyber Command shall make necessary modifications 

to the mission, scope, and posture of Joint Forces HeadquartersDepartment of Defense Information Network to ensure that Joint 

Forces Headquarters— 

(1) has appropriate visibility of operational technology in 

the forces, facilities, installations, bases, critical infrastructure, 

and weapon systems across the Department of Defense Information Network, including, in particular, Defense Critical Assets 

and Task Critical Assets; 

(2) can effectively command and control forces to defend 

such operational technology; and 

(3) has established processes for— 

(A) incident and compliance reporting; 

(B) ensuring compliance with Department of Defense 

cybersecurity policy; and 

(C) ensuring that cyber vulnerabilities, attack vectors, 

and security violations, including, in particular, those specific to Defense Critical Assets and Task Critical Assets, 

are appropriately managed. 

(e) UNITED STATES CYBER COMMAND FUNCTIONAL RESPONSIBILITIES.—Not later than January 1, 2025, the Commander of United 

States Cyber Command shall— 

(1) ensure in its role of Joint Forces Trainer for the Cyberspace Operations Forces that operational technology cyber 

defense is appropriately incorporated into training for the 

Cyberspace Operations Forces; 

(2) delineate the specific force composition requirements 

within the Cyberspace Operations Forces for specialized cyber 

defense of operational technology, including the number, size, 

scale, and responsibilities of defined Cyber Operations Forces 

elements; 

(3) develop and maintain, or support the development and 

maintenance of, a joint training curriculum for operational 

technology-focused Cyberspace Operations Forces; 

(4) support the Chief Information Officer of the Department 

of Defense as the Department’s senior official for the cybersecurity of operational technology under this section; 

(5) develop and institutionalize, or support the development 

and institutionalization of, tradecraft for defense of operational 

technology across local defenders, cybersecurity service providers, cyber protection teams, and service-controlled forces; 

(6) develop and institutionalize integrated concepts of operation, operational workflows, and cybersecurity architectures 

for defense of information and operational technology in the 

forces, facilities, installations, bases, critical infrastructure, and 

weapon systems across the Department of Defense Information 

Network, including, in particular, Defense Critical Assets and 

Task Critical Assets, including— 

(A) deliberate and strategic sensoring of such Network 

and Assets; 

Deadline. 

Deadline. 


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135 STAT. 2026 PUBLIC LAW 117–81—DEC. 27, 2021 

(B) instituting policies governing connections across 

and between such Network and Assets; 

(C) modelling of normal behavior across and between 

such Network and Assets; 

(D) engineering data flows across and between such 

Network and Assets; 

(E) developing local defenders, cybersecurity service 

providers, cyber protection teams, and service-controlled 

forces’ operational workflows and tactics, techniques, and 

procedures optimized for the designs, data flows, and policies of such Network and Assets; 

(F) instituting of model defensive cyber operations and 

Department of Defense Information Network operations 

tradecraft; and 

(G) integrating of such operations to ensure interoperability across echelons; and 

(7) advance the integration of the Department of Defense’s 

mission assurance, cybersecurity compliance, cybersecurity 

operations, risk management framework, and authority to 

operate programs and policies. 

(f) SERVICE RESPONSIBILITIES.—Not later than January 1, 2025, 

the Secretaries of the military departments, through the service 

principal cyber advisors, chief information officers, the service cyber 

components, and relevant service commands, shall make necessary 

investments in operational technology in the forces, facilities, 

installations, bases, critical infrastructure, and weapon systems 

across the Department of Defense Information Network and the 

service-controlled forces responsible for defense of such operational 

technology to— 

(1) ensure that relevant local network and cybersecurity 

forces are responsible for defending operational technology 

across the forces, facilities, installations, bases, critical infrastructure, and weapon systems, including, in particular, 

Defense Critical Assets and Task Critical Assets; 

(2) ensure that relevant local operational technologyfocused system operators, network and cybersecurity forces, 

mission defense teams and other service-retained forces, and 

cyber protection teams are appropriately trained, including 

through common training and use of cyber ranges, as appropriate, to execute the specific requirements of cybersecurity 

operations in operational technology; 

(3) ensure that all Defense Critical Assets and Task Critical 

Assets are monitored and defended by Cybersecurity Service 

Providers; 

(4) ensure that operational technology is appropriately 

sensored and appropriate cybersecurity defenses, including 

technologies associated with the More Situational Awareness 

for Industrial Control Systems Joint Capability Technology 

Demonstration, are employed to enable defense of Defense Critical Assets and Task Critical Assets; 

(5) implement Department of Defense Chief Information 

Officer policy germane to operational technology, including, 

in particular, with respect to Defense Critical Assets and Task 

Critical Assets; 

(6) plan for, designate, and train dedicated forces to be 

utilized in operational technology-centric roles across the military services and United States Cyber Command; and 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2027 

(7) ensure that operational technology, as appropriate, is 

not easily accessible via the internet and that cybersecurity 

investments accord with mission risk to and relevant access 

vectors for Defense Critical Assets and Task Critical Assets. 

(g) OFFICE OF THE SECRETARY OF DEFENSE RESPONSIBILITIES.— 

Not later than January 1, 2023, the Secretary of Defense shall— 

(1) assess and finalize Office of the Secretary of Defense 

components’ roles and responsibilities for the cybersecurity of 

operational technology in the forces, facilities, installations, 

bases, critical infrastructure, and weapon systems across the 

Department of Defense Information Network; 

(2) assess the need to establish centralized or dedicated 

funding for remediation of cybersecurity gaps in operational 

technology across the Department of Defense Information Network; 

(3) make relevant modifications to the Department of 

Defense’s mission assurance construct, Mission Assurance 

Coordination Board, and other relevant bodies to drive— 

(A) prioritization of kinetic and non-kinetic threats 

to the Department’s missions and minimization of mission 

risk in the Department’s war plans; 

(B) prioritization of relevant mitigations and investments to harden and assure the Department’s missions 

and minimize mission risk in the Department’s war plans; 

and 

(C) completion of mission relevant terrain mapping 

of Defense Critical Assets and Task Critical Assets and 

population of associated assessment and mitigation data 

in authorized repositories; 

(4) make relevant modifications to the Strategic Cybersecurity Program; and 

(5) drive and provide oversight of the implementation of 

this section. 

(h) BUDGET ROLLOUT BRIEFINGS.— 

(1) IN GENERAL.—Beginning not later than 30 days after 

the date of the enactment of this Act, each of the Secretaries 

of the military departments, the Commander of United States 

Cyber Command, and the Chief Information Officer of the 

Department of Defense shall provide annual updates to the 

Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives on activities 

undertaken and progress made to carry out this section. 

(2) ANNUAL BRIEFINGS.—Not later than one year after the 

date of the enactment of this Act and not less frequently than 

annually thereafter until January 1, 2024, the Under Secretary 

of Defense for Policy, the Under Secretary of Defense for 

Acquisition and Sustainment, the Chief Information Officer, 

and the Joint Staff J6, representing the combatant commands, 

shall individually or together provide briefings to the Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives on activities 

undertaken and progress made to carry out this section. 

(i) IMPLEMENTATION.— 

(1) IN GENERAL.—In implementing this section, the Secretary of Defense shall prioritize the cybersecurity and cyber 

defense of Defense Critical Assets and Task Critical Assets 

Termination 

date. 

Deadlines. 

Assessment. 

Assessment. 

Assessment. 

Deadline. 


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135 STAT. 2028 PUBLIC LAW 117–81—DEC. 27, 2021 

and shape cyber investments, policy, operations, and deployments to ensure cybersecurity and cyber defense. 

(2) APPLICATION.—This section shall apply to assets owned 

and operated by the Department of Defense, as well as to 

applicable non-Department assets essential to the projection, 

support, and sustainment of military forces and operations 

worldwide. 

(j) DEFINITION.—In this section: 

(1) MISSION-RELEVANT TERRAIN IN CYBERSPACE.—‘‘missionrelevant terrain in cyberspace’’ has the meaning given such 

term as specified in Joint Publication 6-0. 

(2) OPERATIONAL TECHNOLOGY.—The term ‘‘operational 

technology’’ means control systems or controllers, communication architectures, and user interfaces that monitor or control 

infrastructure and equipment operating in various environments, such as weapon systems, utility or energy production 

and distribution, or medical, logistics, nuclear, biological, chemical, or manufacturing facilities. 

SEC. 1506. MATTERS CONCERNING CYBER PERSONNEL REQUIREMENTS. 

(a) IN GENERAL.—The Secretary of Defense, acting through 

the Under Secretary of Defense for Personnel and Readiness and 

the Chief Information Officer of the Department of Defense, in 

consultation with Secretaries of the military departments and the 

head of any other organization or element of the Department the 

Secretary determines appropriate, shall— 

(1) determine the overall workforce requirement of the 

Department for cyberspace and information warfare military 

personnel across the active and reserve components of the 

Armed Forces (other than the Coast Guard) and for civilian 

personnel, and in doing so shall— 

(A) consider personnel in positions securing the Department of Defense Information Network and associated enterprise information technology, defense agencies and field 

activities, and combatant commands, including current billets primarily associated with the Department of Defense 

Cyber Workforce Framework; 

(B) consider the mix between military and civilian 

personnel, active and reserve components, and the use 

of the National Guard; 

(C) develop a talent management strategy that covers 

accessions, training, and education; and 

(D) consider such other elements as the Secretary 

determines appropriate; 

(2) assess current and future cyber education curriculum 

and requirements for military and civilian personnel, 

including— 

(A) acquisition personnel; 

(B) accessions and recruits to the military services; 

(C) cadets and midshipmen at the military service 

academies and enrolled in the Senior Reserve Officers’ 

Training Corps; 

(D) information environment and cyberspace military 

and civilian personnel; and 

(E) non-information environment cyberspace military 

and civilian personnel; 

Assessment. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2029 

(3) identify appropriate locations for information warfare 

and cyber education for military and civilian personnel, 

including— 

(A) the military service academies; 

(B) the senior level service schools and intermediate 

level service schools specified in section 2151(b) of title 

10, United States Code; 

(C) the Air Force Institute of Technology; 

(D) the National Defense University; 

(E) the Joint Special Operations University; 

(F) the Command and General Staff Colleges; 

(G) the War Colleges; 

(H) any military education institution attached to or 

operating under any institution specified in this paragraph; 

(I) any other military educational institution of the 

Department identified by the Secretary for purposes of 

this section; 

(J) the Cyber Centers of Academic Excellence; and 

(K) potential future educational institutions of the Federal Government in accordance with the assessment 

required under subsection (b); and 

(4) determine— 

(A) whether the cyberspace domain mission requires 

a graduate level professional military education college on 

par with and distinct from the war colleges for the Army, 

Navy, and Air Force as in existence on the day before 

the date of the enactment of this Act; 

(B) whether such a college should be joint; and 

(C) where such a college should be located. 

(b) ASSESSMENT.—In identifying appropriate locations for 

information warfare and cyber education for military and civilian 

personnel at potential future educational institutions of the Federal 

Government pursuant to subsection (a)(3)(K), the Secretary of 

Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the 

Department of Defense, in consultation with Secretaries of the 

military departments, the head of any other organization or element 

of the Department the Secretary determines appropriate, the Secretary of Homeland Security, and the National Cyber Director, 

shall assess the feasibility and advisability of establishing a 

National Cyber Academy or similar institute for the purpose of 

educating and training civilian and military personnel for service 

in cyber, information, and related fields throughout the Federal 

Government. 

(c) REPORTS REQUIRED.— 

(1) EDUCATION.—Not later than November 1, 2022, the 

Secretary of Defense shall provide the Committee on Armed 

Services of the Senate and the Committee on Armed Services 

of the House of Representatives a briefing and, not later than 

January 1, 2023, the Secretary shall submit to such committees 

a report, on— 

(A) talent strategy to satisfy future cyber education 

requirements at appropriate locations referred to in subsection (a)(3); and 

(B) the findings of the Secretary in assessing cyber 

education curricula and identifying such locations. 

Consultation. 


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135 STAT. 2030 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) WORKFORCE.—Not later than November 1, 2024, the 

Secretary of Defense shall provide the Committee on Armed 

Services of the Senate and the Committee on Armed Services 

of the House of Representatives a briefing and, not later than 

January 1, 2025, the Secretary shall submit to such committees 

a report, on— 

(A) the findings of the Secretary in determining pursuant to subsection (a)(1) the overall workforce requirement 

of the Department of Defense for cyberspace and information warfare military personnel across the active and 

reserve components of the Armed Forces (other than the 

Coast Guard) and for civilian personnel; 

(B) such recommendations as the Secretary may have 

relating to such requirement; and 

(C) such legislative or administrative action as the 

Secretary identifies as necessary to effectively satisfy such 

requirement. 

(d) EDUCATION DESCRIBED.—In this section, the term ‘‘education’’ includes formal education requirements, such as degrees 

and certification in targeted subject areas, as well as general 

training, including— 

(1) upskilling; 

(2) knowledge, skills, and abilities; and 

(3) nonacademic professional development. 

SEC. 1507. ASSIGNMENT OF CERTAIN BUDGET CONTROL RESPONSIBILITIES TO COMMANDER OF UNITED STATES CYBER COMMAND. 

(a) ASSIGNMENT OF RESPONSIBILITIES.— 

(1) IN GENERAL.—The Commander of United States Cyber 

Command shall, subject to the authority, direction, and control 

of the Principal Cyber Advisor of the Department of Defense, 

be responsible for directly controlling and managing the planning, programming, budgeting, and execution of resources to 

train, equip, operate, and sustain the Cyber Mission Forces. 

(2) EFFECTIVE DATE AND APPLICABILITY.—Paragraph (1) 

shall take effect on the date of the enactment of this Act 

and apply— 

(A) on January 1, 2022, for controlling and managing 

budget execution; and 

(B) beginning with fiscal year 2024 and each fiscal 

year thereafter for directly controlling and managing the 

planning, programming, budgeting, and execution of 

resources. 

(b) ELEMENTS.— 

(1) IN GENERAL.—The responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall include the following: 

(A) Preparation of a program objective memorandum 

and budget estimate submission for the resources required 

to train, equip, operate, and sustain the Cyber Mission 

Forces. 

(B) Preparation of budget materials pertaining to 

United States Cyber Command for inclusion in the budget 

justification materials that are submitted to Congress in 

support of the Department of Defense budget for a fiscal 

year (as submitted with the budget of the President for 

10 USC 167b 

note. 

Recommendations. 

Determination. 


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a fiscal year under section 1105(a) of title 31, United States 

Code) that is separate from any other military service 

or component of the Department. 

(2) RESPONSIBILITIES NOT DELEGATED.—The responsibilities 

assigned to the Commander of United States Cyber Command 

pursuant to subsection (a)(1) shall not include the following: 

(A) Military pay and allowances. 

(B) Funding for facility support that is provided by 

the military services. 

(c) IMPLEMENTATION PLAN.— (1) IN GENERAL.—Not later than the date that is 30 days 

after the date of the enactment of this Act, the Comptroller 

General of the Department of Defense and the Commander 

of United States Cyber Command, in coordination with Chief 

Information Officer of the Department, the Principal Cyber 

Advisor, the Under Secretary of Defense for Acquisition and 

Sustainment, Cost Assessment and Program Evaluation, and 

the Secretaries of the military departments, shall jointly 

develop an implementation plan for the transition of responsibilities assigned to the Commander of United States Cyber 

Command pursuant to subsection (a)(1). 

(2) ELEMENTS.—The implementation plan developed under 

paragraph (1) shall include the following: 

(A) A budgetary review to identify appropriate 

resources for transfer to the Commander of United States 

Cyber Command for carrying out responsibilities assigned 

pursuant to subsection (a)(1). 

(B) Definitions of appropriate roles and responsibilities. 

(C) Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber 

Warfighting Architecture capabilities, other enabling 

capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program 

element and sub-element for which the Commander of 

United States Cyber Command is responsible. 

(D) Specification of all program elements and subelements, and the training, equipment, Joint Cyber 

Warfighting Architecture capabilities, other enabling 

capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program 

element and sub-element relevant to or that support the 

Cyber Mission Force for which the Secretaries of the military departments are responsible. 

(E) Required levels of civilian and military staffing 

within United States Cyber Command to carry out subsection (a)(1), and an estimate of when such levels of 

staffing will be achieved. 

(d) BRIEFING.— 

(1) IN GENERAL.—Not later than the earlier of the date 

on which the implementation plan under subsection (c) is developed or the date that is 90 days after the date of the enactment 

of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the implementation 

plan. 

(2) ELEMENTS.—The briefing required by paragraph (1) 

shall address any recommendations for when and how the 

Secretary of Defense should delegate to the Commander of 

Recommendations. 

Deadline. 

Review. 

Deadline. 


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135 STAT. 2032 PUBLIC LAW 117–81—DEC. 27, 2021 

United States Cyber Command budget authority for the Cyber 

Operations Forces (as such term is defined in the memorandum 

issued by the Secretary of Defense on December 12, 2019, 

relating to the definition of ‘‘Department of Defense Cyberspace 

Operations Forces (DoD COF)’’), after successful implementation of the responsibilities described in subsection (a) relating 

to the Cyber Mission Forces. 

SEC. 1508. COORDINATION BETWEEN UNITED STATES CYBER COMMAND AND PRIVATE SECTOR. 

(a) VOLUNTARY PROCESS.—Not later than January 1, 2023, 

the Commander of United States Cyber Command shall establish 

a voluntary process to engage with private sector information technology and cybersecurity entities to explore and develop methods 

and plans through which the capabilities, knowledge, and actions 

of— 

(1) private sector entities operating inside the United States 

to defend against foreign malicious cyber actors could assist, 

or be coordinated with, the actions of United States Cyber 

Command operating outside the United States against such 

foreign malicious cyber actors; and 

(2) United States Cyber Command operating outside the 

United States against foreign malicious cyber actors could 

assist, or be coordinated with, the actions of private sector 

entities operating inside the United States against such foreign 

malicious cyber actors. 

(b) ANNUAL BRIEFING.— 

(1) IN GENERAL.—During the period beginning on March 

1, 2022, and ending on March 1, 2026, the Commander of 

United States Cyber Command shall, not less frequently than 

once each year, provide to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the 

House of Representatives a briefing on the status of any activities conducted pursuant to subsection (a). 

(2) ELEMENTS.—Each briefing provided under paragraph 

(1) shall include the following: 

(A) Such recommendations for legislative or administrative action as the Commander of United States Cyber 

Command considers appropriate to improve and facilitate 

the exploration and development of methods and plans 

under subsection (a). 

(B) Such recommendations as the Commander may 

have for increasing private sector participation in such 

exploration and development. 

(C) A description of the challenges encountered in carrying out subsection (a), including any concerns expressed 

to the Commander by private sector partners regarding 

participation in such exploration and development. 

(D) Information relating to how such exploration and 

development with the private sector could assist military 

planning by United States Cyber Command. 

(E) Such other matters as the Commander considers 

appropriate. 

(c) CONSULTATION.—In developing the process described in subsection (a), the Commander of United States Cyber Command shall 

consult with the Director of the Cybersecurity and Infrastructure 

Security Agency of the Department of Homeland Security and the 

Recommendations. 

Recommendations. 

Time period. 

Deadline. 

10 USC 2224 

note. 


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heads of any other Federal agencies the Commander considers 

appropriate. 

(d) INTEGRATION WITH OTHER EFFORTS.—The Commander of 

United States Cyber Command shall ensure that the process 

described in subsection (a) makes use of, builds upon, and, as 

appropriate, integrates with and does not duplicate, other efforts 

of the Department of Homeland Security and the Department of 

Defense relating to cybersecurity, including the following: 

(1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency. 

(2) The Cybersecurity Collaboration Center and Enduring 

Security Framework of the National Security Agency. 

(3) The office for joint cyber planning of the Department 

of Homeland Security. 

(e) PROTECTION OF TRADE SECRETS AND PROPRIETARY INFORMA- TION.—The Commander of United States Cyber Command shall 

ensure that any trade secret or proprietary information of a private 

sector entity engaged with the Department of Defense through 

the process established under subsection (a) that is made known 

to the Department pursuant to such process remains private and 

protected unless otherwise explicitly authorized by such entity. 

(f) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to authorize United States Cyber Command to conduct 

operations inside the United States or for private sector entities 

to conduct offensive cyber activities outside the United States, 

except to the extent such operations or activities are permitted 

by a provision of law in effect on the day before the date of 

the enactment of this Act. 

SEC. 1509. ASSESSMENT OF CYBER POSTURE AND OPERATIONAL 

ASSUMPTIONS AND DEVELOPMENT OF TARGETING 

STRATEGIES AND SUPPORTING CAPABILITIES. 

(a) ASSESSMENT OF CYBER POSTURE OF ADVERSARIES AND OPERATIONAL ASSUMPTIONS OF UNITED STATES GOVERNMENT.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Commander of United States 

Cyber Command, the Under Secretary of Defense for Policy, 

and the Under Secretary of Defense for Intelligence and Security, shall jointly sponsor or conduct an assessment, including, 

if appropriate, a war-game or tabletop exercise, of the current 

and emerging offensive and defensive cyber posture of adversaries of the United States and the current operational assumptions and plans of the Armed Forces for offensive cyber operations during potential crises or conflict. 

(2) ELEMENTS.—The assessment required under paragraph 

(1) shall include consideration of the following: 

(A) Changes to strategies, operational concepts, operational preparation of the environment, and rules of 

engagement. 

(B) Opportunities provided by armed forces in theaters 

of operations and other innovative alternatives. 

(C) Changes in intelligence community (as such term 

is defined in section 3 of the National Security Act of 

1947 (50 U.S.C. 3003)) targeting and operations in support 

of the Department of Defense. 

(D) Adversary capabilities to deny or degrade United 

States activities in cyberspace. 

Assessment. 

Deadline. 


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135 STAT. 2034 PUBLIC LAW 117–81—DEC. 27, 2021 

(E) Adversaries’ targeting of United States critical 

infrastructure and implications for United States policy. 

(F) Potential effect of emerging technologies, such as 

fifth generation mobile networks, expanded use of cloud 

information technology services, and artificial intelligence. 

(G) Changes in Department of Defense organizational 

design. 

(H) The effect of private sector cybersecurity research. 

(F) Adequacy of intelligence support to cyberspace operations by Combat Support Agencies and Service Intelligence Centers. 

(b) DEVELOPMENT OF TARGETING STRATEGIES, SUPPORTING

CAPABILITIES, AND OPERATIONAL CONCEPTS.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Commander of United States 

Cyber Command shall— 

(A) assess and establish the capabilities, capacities, 

tools, and tactics required to support targeting strategies 

for— 

(i) day-to-day persistent engagement of adversaries, including support to information operations; 

(ii) support to geographic combatant commanders 

at the onset of hostilities and during sustained conflict; 

and 

(iii) deterrence of attacks on United States critical 

infrastructure, including the threat of counter value 

responses; 

(B) develop future cyber targeting strategies and 

capabilities across the categories of cyber missions and 

targets with respect to which— 

(i) time-consuming and human effort-intensive 

stealthy operations are required to acquire and maintain access to targets, and the mission is so important 

it is worthwhile to expend such efforts to hold such 

targets at risk; 

(ii) target prosecution requires unique access and 

exploitation tools and technologies, and the target 

importance justifies the efforts, time, and expense 

relating thereto; 

(iii) operational circumstances do not allow for and 

do not require spending the time and human effort 

required for stealthy, nonattributable, and continuous 

access to targets; 

(iv) capabilities are needed to rapidly prosecute 

targets that have not been previously planned and 

that can be accessed and exploited using known, available tools and techniques; and 

(v) targets may be prosecuted with the aid of automated techniques to achieve speed, mass, and scale; 

(C) develop strategies for appropriate utilization of 

Cyber Mission Teams in support of combatant command 

objectives as— 

(i) adjuncts to or substitutes for kinetic operations; 

or 

(ii) independent means to achieve novel tactical, 

operational, and strategic objectives; and 

Assessment. 

Deadline. 


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(D) develop collection and analytic support strategies 

for the service intelligence centers to assist operations by 

United States Cyber Command and the Service Cyber 

Components. 

(2) BRIEFING REQUIRED.— 

(A) IN GENERAL.—Not later than 30 days after the 

date on which all activities required under paragraph (1) 

have been completed, the Commander of United States 

Cyber Command shall provide the congressional defense 

committees a briefing on such activities. 

(B) ELEMENTS.—The briefing provided pursuant to 

subparagraph (A) shall include the following: 

(i) Recommendations for such legislative or 

administrative action as the Commander of United 

States Cyber Command considers necessary to address 

capability shortcomings. 

(ii) Plans to address such capability shortcomings. 

(c) COUNTRY-SPECIFIC ACCESS STRATEGIES.— 

(1) IN GENERAL.—Not later than one year after the date 

on which all activities required under subsection (b)(1) have 

been completed, the Commander of United States Cyber Command shall complete development of country-specific access 

strategies for the Russian Federation, the People’s Republic 

of China, the Democratic People’s Republic of Korea, and the 

Islamic Republic of Iran. 

(2) ELEMENTS.—Each country-specific access strategy developed under paragraph (1) shall include the following: 

(A) Specification of desired and required— 

(i) outcomes; 

(ii) cyber warfighting architecture, including— 

(I) tools and redirectors; 

(II) access platforms; and 

(III) data analytics, modeling, and simulation 

capacity; 

(iii) specific means to achieve and maintain persistent access and conduct command and control and 

exfiltration against hard targets and in operationally 

challenging environments across the continuum of conflict; 

(iv) intelligence, surveillance, and reconnaissance 

support; 

(v) operational partnerships with allies; 

(vi) rules of engagement; 

(vii) personnel, training, and equipment; and 

(viii) targeting strategies, including strategies that 

do not demand deliberate targeting and precise access 

to achieve effects; and 

(B) recommendations for such policy or resourcing 

changes as the Commander of United States Cyber Command considers appropriate to address access shortfalls. 

(3) CONSULTATION REQUIRED.—The Commander of United 

States Cyber Command shall develop the country-specific access 

strategies under paragraph (1) independently but in consultation with the following: 

(A) The Director of the National Security Agency. 

(B) The Director of the Central Intelligence Agency. 

Recommendations. 

Deadline. 

Recommendations. 

Deadline. 


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(C) The Director of the Defense Advanced Research 

Projects Agency. 

(D) The Director of the Strategic Capabilities Office. 

(E) The Under Secretary of Defense for Policy. 

(F) The Principal Cyber Advisor to the Secretary of 

Defense. 

(G) The Commanders of all other combatant commands. 

(4) BRIEFING.—Upon completion of the country-specific 

access strategies under paragraph (1), the Commander of 

United States Cyber Command shall provide the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of 

Staff, the Committee on Armed Services of the Senate, and 

the Committee on Armed Services of the House of Representatives a briefing on such strategies. 

(d) DEFINITION.—In this section, the term ‘‘critical infrastructure’’ has the meaning given such term in section 1016(e) of Public 

Law 107–56 (42 U.S.C. 5195c(e)). 

SEC. 1510. ASSESSING CAPABILITIES TO COUNTER ADVERSARY USE 

OF RANSOMWARE, CAPABILITIES, AND INFRASTRUCTURE. 

(a) COMPREHENSIVE ASSESSMENT AND RECOMMENDATIONS

REQUIRED.—Not later than 180 days after the date of enactment 

of this section, the Secretary of Defense shall— 

(1) conduct a comprehensive assessment of the policy, 

capacity, and capabilities of the Department of Defense to 

diminish and defend the United States from the threat of 

ransomware attacks, including— 

(A) an assessment of the current and potential threats 

and risks to national and economic security posed by— 

(i) large-scale and sophisticated criminal cyber 

enterprises that provide large-scale and sophisticated 

cyber attack capabilities and infrastructure used to 

conduct ransomware attacks; and 

(ii) organizations that conduct or could conduct 

ransomware attacks or other attacks that use the 

capabilities and infrastructure described in clause (i) 

on a large scale against important assets and systems 

in the United States, including critical infrastructure; 

(B) an assessment of— 

(i) the threat posed to the Department of Defense 

Information Network and the United States by the 

large-scale and sophisticated criminal cyber enterprises, capabilities, and infrastructure described in 

subparagraph (A); and 

(ii) the current and potential role of United States 

Cyber Command in addressing the threat referred to 

in clause (i) including— 

(I) the threshold at which United States Cyber 

Command should respond to such a threat; and 

(II) the capacity for United States Cyber Command to respond to such a threat without harmful 

effects on other United States Cyber Command 

missions; 

(C) an identification of the current and potential 

Department efforts, processes, and capabilities to deter and 

Assessment. 

Assessment. 

Deadline. 


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counter the threat referred to in subparagraph (B)(i), 

including through offensive cyber effects operations; 

(D) an assessment of the application of the defend 

forward and persistent engagement operational concepts 

and capabilities of the Department to deter and counter 

the threat of ransomware attacks against the United 

States; 

(E) a description of the efforts of the Department in 

interagency processes, and joint collaboration with allies 

and partners of the United States, to address the growing 

threat from large-scale and sophisticated criminal cyber 

enterprises that conduct ransomware attacks and could 

conduct attacks with other objectives; 

(F) a determination of the extent to which the governments of countries in which large-scale and sophisticated 

criminal cyber enterprises are principally located are tolerating the activities of such enterprises, have interactions 

with such enterprises, could direct their operations, and 

could suppress such enterprises; 

(G) an assessment as to whether the large-scale and 

sophisticated criminal cyber enterprises described in 

subparagraph (F) are perfecting and practicing attack techniques and capabilities at scale that can be co-opted and 

placed in the service of the country in which such enterprises are principally located; and 

(H) identification of such legislative or administrative 

action as may be necessary to more effectively counter 

the threat of ransomware attacks; and 

(2) develop recommendations for the Department to build 

capabilities to develop and execute innovative methods to deter 

and counter the threat of ransomware attacks prior to and 

in response to the launching of such attacks. 

(b) BRIEFING.—Not later than 210 days after the date of the 

enactment of this Act, the Secretary of Defense shall brief the 

congressional defense committees on the comprehensive assessment 

completed under paragraph (1) of subsection (a) and the recommendations developed under paragraph (2) of such subsection. 

(c) DEFINITION.—In this section, the term ‘‘critical infrastructure’’ has the meaning given such term in section 1016(e) of Public 

Law 107–56 (42 U.S.C. 5195c(e)). 

SEC. 1511. COMPARATIVE ANALYSIS OF CYBERSECURITY CAPABILITIES. 

(a) COMPARATIVE ANALYSIS REQUIRED.—Not later than 180 days 

after the date of the enactment of this Act, the Chief Information 

Officer and the Director of Cost Assessment and Program Evaluation (CAPE) of the Department of Defense, in consultation with 

the Principal Cyber Advisor to the Secretary of Defense and the 

Chief Information Officers of each of the military departments, 

shall jointly sponsor a comparative analysis, to be conducted by 

the Director of the National Security Agency and the Director 

of the Defense Information Systems Agency, of the following: 

(1) The cybersecurity tools, applications, and capabilities 

offered as options on enterprise software agreements for cloudbased productivity and collaboration suites, such as is offered 

under the Defense Enterprise Office Solution and Enterprise 

Software Agreement contracts with Department of Defense 

Deadline. 

Consultation. 

Deadline. 

Recommendations. 

Assessment. 

Determination. 

Assessment. 


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components, relative to the cybersecurity tools, applications, 

and capabilities that are currently deployed in, or required 

by, the Department to conduct— 

(A) asset discovery; 

(B) vulnerability scanning; 

(C) conditional access (also known as ‘‘comply-to-connect’’); 

(D) event correlation; 

(E) patch management and remediation; 

(F) endpoint query and control; 

(G) endpoint detection and response; 

(H) data rights management; 

(I) data loss prevention; 

(J) data tagging; 

(K) data encryption; 

(L) security information and event management; and 

(M) security orchestration, automation, and response. 

(2) The identity, credential, and access management 

(ICAM) system, and associated capabilities to enforce the principle of least privilege access, offered as an existing option 

on an enterprise software agreement described in paragraph 

(1), relative to— 

(A) the requirements of such system described in the 

Zero Trust Reference Architecture of the Department; and 

(B) the requirements of such system under development by the Defense Information Systems Agency. 

(3) The artificial intelligence and machine-learning 

capabilities associated with the tools, applications, and capabilities described in paragraphs (1) and (2), and the ability to 

host Government or third-party artificial intelligence and 

machine-learning algorithms pursuant to contracts referred to 

in paragraph (1) for such tools, applications, and capabilities. 

(4) The network consolidation and segmentation capabilities offered on the enterprise software agreements described 

in paragraph (1) relative to capabilities projected in the Zero 

Trust Reference Architecture. 

(5) The automated orchestration and interoperability 

among the tools, applications, and capabilities described in 

paragraphs (1) through (4). 

(b) ELEMENTS OF COMPARATIVE ANALYSIS.—The comparative 

analysis conducted under subsection (a) shall include an assessment 

of the following: 

(1) Costs. 

(2) Performance. 

(3) Sustainment. 

(4) Scalability. 

(5) Training requirements. 

(6) Maturity. 

(7) Human effort requirements. 

(8) Speed of integrated operations. 

(9) Ability to operate on multiple operating systems and 

in multiple cloud environments. 

(10) Such other matters as the Chief Information Officer 

and the Director of Cost Assessment and Program Evaluation 

consider appropriate. 

(c) BRIEFING REQUIRED.—Not later than 30 days after the date 

on which the comparative analysis required under subsection (a) 

Deadline. 


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is completed, the Chief Information Officer and the Director of 

Cost Assessment and Program Evaluation (CAPE) of the Department of Defense shall jointly provide the congressional defense 

committees with a briefing on the findings of the Chief Information 

Officer and the Director with respect to such analysis, together 

with such recommendations for legislative or administrative action 

as the Chief Information Officer and the Director may have with 

respect to the matters covered by such analysis. 

SEC. 1512. ELIGIBILITY OF OWNERS AND OPERATORS OF CRITICAL 

INFRASTRUCTURE TO RECEIVE CERTAIN DEPARTMENT 

OF DEFENSE SUPPORT AND SERVICES. 

Section 2012 of title 10, United States Code is amended— 

(1) in subsection (e)— 

(A) by redesignating paragraph (3) as paragraph (4); 

and 

(B) by inserting after paragraph (2) the following new 

paragraph: 

‘‘(3) Owners and operators of critical infrastructure (as 

such term is defined in section 1016(e) of Public Law 107– 

56 (42 U.S.C. 5195c(e))).’’; and 

(2) in subsection (f), by adding at the end the following 

new paragraph: 

‘‘(5) Procedures to ensure that assistance provided to an 

entity specified in subsection (e)(3) is provided in a manner 

that is consistent with similar assistance provided under 

authorities applicable to other Federal departments and agencies, including the authorities of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security pursuant to title XXII of the Homeland Security Act of 

2002 (6 U.S.C. 651 et seq.).’’. 

SEC. 1513. REPORT ON POTENTIAL DEPARTMENT OF DEFENSE SUPPORT AND ASSISTANCE FOR INCREASING THE AWARENESS OF THE CYBERSECURITY AND INFRASTRUCTURE 

SECURITY AGENCY OF CYBER THREATS AND 

VULNERABILITIES AFFECTING CRITICAL INFRASTRUCTURE. 

(a) REPORT REQUIRED.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security and the National 

Cyber Director, shall submit to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the House 

of Representatives a report that provides recommendations on how 

the Department of Defense can improve support and assistance 

to the Cybersecurity and Infrastructure Security Agency of the 

Department of Homeland Security to increase awareness of cyber 

threats and vulnerabilities affecting information technology and 

networks supporting critical infrastructure within the United 

States, including critical infrastructure of the Department and critical infrastructure relating to the defense of the United States. 

(b) ELEMENTS OF REPORT.—The report required by subsection 

(a) shall— 

(1) assess and identify areas in which the Department 

of Defense could provide support or assistance, including 

through information sharing and voluntary network monitoring 

programs, to the Cybersecurity and Infrastructure Security 

Agency to expand or increase technical understanding and 

Assessments. 

Consultation. 

Recommendations. 


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135 STAT. 2040 PUBLIC LAW 117–81—DEC. 27, 2021 

awareness of cyber threats and vulnerabilities affecting critical 

infrastructure; 

(2) identify and assess any legal, policy, organizational, 

or technical barriers to carrying out paragraph (1); 

(3) assess and describe any legal or policy changes necessary to enable the Department to carry out paragraph (1) 

while preserving privacy and civil liberties; 

(4) assess and describe the budgetary and other resource 

effects on the Department of carrying out paragraph (1); and 

(5) provide a notional time-phased plan, including milestones, to enable the Department to carry out paragraph (1). 

(c) CRITICAL INFRASTRUCTURE DEFINED.—In this section, the 

term ‘‘critical infrastructure’’ has the meaning given such term 

in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)). 

Subtitle B—Matters Related to Department 

of Defense Cybersecurity and Information Technology 

SEC. 1521. ENTERPRISE-WIDE PROCUREMENT OF CYBER DATA PRODUCTS AND SERVICES. 

(a) PROGRAM.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall designate 

an executive agent for Department of Defense-wide procurement 

of cyber data products and services. The executive agent shall 

establish a program management office responsible for such 

procurement, and the program manager of such program office 

shall be responsible for the following: 

(1) Surveying components of the Department for the cyber 

data products and services needs of such components. 

(2) Conducting market research of cyber data products 

and services. 

(3) Developing or facilitating development of requirements, 

both independently and through consultation with components, 

for the acquisition of cyber data products and services. 

(4) Developing and instituting model contract language 

for the acquisition of cyber data products and services, including 

contract language that facilitates components’ requirements for 

ingesting, sharing, using and reusing, structuring, and analyzing data derived from such products and services. 

(5) Conducting procurement of cyber data products and 

services on behalf of the Department of Defense, including 

negotiating contracts with a fixed number of licenses based 

on aggregate component demand and negotiation of extensible 

contracts. 

(6) Carrying out the responsibilities specified in paragraphs 

(1) through (5) with respect to the cyber data products and 

services needs of the Cyberspace Operations Forces, such as 

cyber data products and services germane to cyberspace 

topology and identification of adversary threat activity and 

infrastructure, including— 

(A) facilitating the development of cyber data products 

and services requirements for the Cyberspace Operations 

Forces, conducting market research regarding the future 

cyber data products and services needs of the Cyberspace 

Deadline. 

10 USC 2224 

note. 


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Operations Forces, and conducting acquisitions pursuant 

to such requirements and market research; 

(B) coordinating cyber data products and services 

acquisition and management activities with Joint Cyber 

Warfighting Architecture acquisition and management 

activities, including activities germane to data storage, data 

management, and development of analytics; 

(C) implementing relevant Department of Defense and 

United States Cyber Command policy germane to acquisition of cyber data products and services; 

(D) leading or informing the integration of relevant 

datasets and services, including Government-produced 

threat data, commercial cyber threat information, collateral 

telemetry data, topology-relevant data, sensor data, and 

partner-provided data; and 

(E) facilitating the development of tradecraft and operational workflows based on relevant cyber data products 

and services. 

(b) COORDINATION.—In implementing this section, each component of the Department of Defense shall coordinate its cyber data 

products and services requirements and potential procurement 

plans relating to such products and services with the program 

management office established pursuant to subsection (a) so as 

to enable such office to determine if satisfying such requirements 

or procurement of such products and services on an enterprisewide basis would serve the best interests of the Department. 

(c) PROHIBITION.—Beginning not later than 540 days after the 

date of the enactment of this Act, no component of the Department 

of Defense may independently procure a cyber data product or 

service that has been procured by the program management office 

established pursuant to subsection (a), unless— 

(1) such component is able to procure such product or 

service at a lower per-unit price than that available through 

such office; or 

(2) such office has approved such independent purchase. 

(d) EXCEPTION.—United States Cyber Command and the 

National Security Agency may conduct joint procurements of products and services, including cyber data products and services, except 

that the requirements of subsections (b) and (c) shall not apply 

to the National Security Agency. 

(e) DEFINITION.—In this section, the term ‘‘cyber data products 

and services’’ means commercially-available datasets and analytic 

services germane to offensive cyber, defensive cyber, and DODIN 

operations, including products and services that provide technical 

data, indicators, and analytic services relating to the targets, infrastructure, tools, and tactics, techniques, and procedures of cyber 

threats. 

SEC. 1522. LEGACY INFORMATION TECHNOLOGIES AND SYSTEMS 

ACCOUNTABILITY. 

(a) IN GENERAL.—Not later than 270 days after the date of 

the enactment of this Act, the Secretaries of the Army, Navy, 

and Air Force shall each initiate efforts to identify legacy applications, software, and information technology within their respective 

Departments and eliminate any such application, software, or 

information technology that is no longer required. 

Deadline. 

10 USC 4571 

note. 

Deadline. 


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135 STAT. 2042 PUBLIC LAW 117–81—DEC. 27, 2021 

(b) SPECIFICATIONS.—To carry out subsection (a), that Secretaries of the Army, Navy, and Air Force shall each document 

the following: 

(1) An identification of the applications, software, and 

information technologies that are considered active or operational, but which are judged to no longer be required by 

the respective Department. 

(2) Information relating to the sources of funding for the 

applications, software, and information technologies identified 

pursuant to paragraph (1). 

(3) An identification of the senior official responsible for 

each such application, software, or information technology. 

(4) A plan to discontinue use and funding for each such 

application, software, or information technology. 

(c) EXEMPTION.—Any effort substantially similar to that 

described in subsections (a) and (b) that is being carried out by 

the Secretary of the Army, Navy, or Air Force as of the date 

of the enactment of this Act and completed not later 180 days 

after such date shall be treated as satisfying the requirements 

under such subsections. 

(d) REPORT.—Not later than 270 days after the date of the 

enactment of this Act, the Secretaries of the Army, Navy, and 

Air Force shall each submit to the congressional defense committees 

the documentation required under subsection (b). 

SEC. 1523. UPDATE RELATING TO RESPONSIBILITIES OF CHIEF 

INFORMATION OFFICER. 

Paragraph (1) of section 142(b) of title 10, United States Code, 

is amended— 

(1) in subparagraphs (A), (B), and (C), by striking ‘‘(other 

than with respect to business management)’’ each place it 

appears; and 

(2) by amending subparagraph (D) to read as follows: 

‘‘(D) exercises authority, direction, and control over 

the Activities of the Cybersecurity Directorate, or any successor organization, of the National Security Agency, 

funded through the Information Systems Security Program;’’. 

SEC. 1524. PROTECTIVE DOMAIN NAME SYSTEM WITHIN THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of Defense shall ensure 

each component of the Department of Defense uses a Protective 

Domain Name System (PDNS) instantiation offered by the Department. 

(b) EXEMPTIONS.—The Secretary of Defense may exempt a 

component of the Department from using a PDNS instantiation 

for any reason except with respect to cost or technical application. 

(c) REPORT TO CONGRESS.—Not later than 150 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report that 

includes information relating to— 

(1) each component of the Department of Defense that 

uses a PDNS instantiation offered by the Department; 

(2) each component exempt from using a PDNS 

instantiation pursuant to subsection (b); and 

Deadline. 

10 USC 2224 

note. 

Deadline. 

Plan. 


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(3) efforts to ensure that each PDNS instantiation offered 

by the Department connects and shares relevant and timely 

data. 

SEC. 1525. CYBERSECURITY OF WEAPON SYSTEMS. 

Section 1640 of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2224 note), is 

amended by adding at the end the following new subsection: 

‘‘(f) ANNUAL REPORTS.—Not later than August 30, 2022, and 

annually thereafter through 2024, the Secretary of Defense shall 

provide to the congressional defense committees a report on the 

work of the Program, including information relating to staffing 

and accomplishments.’’. 

SEC. 1526. ASSESSMENT OF CONTROLLED UNCLASSIFIED INFORMATION PROGRAM. 

Section 1648 of the National Defense Authorization Act for 

Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2224 note), is 

amended— 

(1) in subsection (a), by striking ‘‘February 1, 2020’’ and 

inserting ‘‘180 days after the date of the enactment of the 

National Defense Authorization Act for Fiscal Year 2022’’; and 

(2) in subsection (b), by amending paragraph (4) to read 

as follows: 

‘‘(4) Definitions for ‘Controlled Unclassified Information’ 

(CUI) and ‘For Official Use Only’ (FOUO), policies regarding 

protecting information designated as either of such, and an 

explanation of the ‘DoD CUI Program’ and Department of 

Defense compliance with the responsibilities specified in 

Department of Defense Instruction (DoDI) 5200.48, ‘Controlled 

Unclassified Information (CUI),’ including the following: 

‘‘(A) The extent to which the Department of Defense 

is identifying whether information is CUI via a contracting 

vehicle and marking documents, material, and media containing such information in a clear and consistent manner. 

‘‘(B) Recommended regulatory or policy changes to 

ensure consistency and clarity in CUI identification and 

marking requirements. 

‘‘(C) Circumstances under which commercial information is considered CUI, and any impacts to the commercial 

supply chain associated with security and marking requirements pursuant to this paragraph. 

‘‘(D) Benefits and drawbacks of requiring all CUI to 

be marked with a unique CUI legend, versus requiring 

that all data marked with an appropriate restricted legend 

be handled as CUI. 

‘‘(E) The extent to which the Department of Defense 

clearly delineates Federal Contract Information (FCI) from 

CUI. 

‘‘(F) Examples or scenarios to illustrate information 

that is and is not CUI.’’. 

SEC. 1527. CYBER DATA MANAGEMENT. 

(a) IN GENERAL.—The Commander of United States Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to the Secretary, the Chief 

Information Officer and the Chief Data Officer of the Department 

of Defense, and the Chairman of the Joint Chiefs of Staff, shall— 

10 USC 2224 

note. 


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(1) access, acquire, and use mission-relevant data to support offensive cyber, defensive cyber, and DODIN operations 

from the intelligence community, other elements of the Department of Defense, and the private sector; 

(2) develop policy, processes, and operating procedures governing the access, ingest, structure, storage, analysis, and combination of mission-relevant data, including— 

(A) intelligence data; 

(B) internet traffic, topology, and activity data; 

(C) cyber threat information; 

(D) Department of Defense Information Network 

sensor, tool, routing infrastructure, and endpoint data; and 

(E) other data management and analytic platforms 

pertinent to United States Cyber Command missions that 

align with the principles of Joint All Domain Command 

and Control; 

(3) pilot efforts to develop operational workflows and tactics, techniques, and procedures for the operational use of mission-relevant data by the Cyberspace Operations Forces; and 

(4) evaluate data management platforms used to carry 

out paragraphs (1), (2), and (3) to ensure such platforms operate 

consistently with the Deputy Secretary of Defense’s Data 

Decrees signed on May 5, 2021. 

(b) ROLES AND RESPONSIBILITIES.— 

(1) IN GENERAL.—Not later than 270 days after the date 

of the enactment of this Act, the Commander of United States 

Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to 

the Secretary, the Chief Information Officer and Chief Data 

Officer of the Department of Defense, and the Chairman of 

the Joint Chiefs of Staff, shall establish the specific roles and 

responsibilities of the following in implementing each of the 

tasks required under subsection (a): 

(A) United States Cyber Command. 

(B) Program offices responsible for the components of 

the Joint Cyber Warfighting Architecture. 

(C) The military services. 

(D) Entities in the Office of the Secretary of Defense. 

(E) Any other program office, headquarters element, 

or operational component newly instantiated or determined 

relevant by the Secretary. 

(2) BRIEFING.—Not later than 300 days after the date of 

the enactment of this Act, the Secretary of Defense shall provide 

to the congressional defense committees a briefing on the roles 

and responsibilities established under paragraph (1). 

SEC. 1528. ZERO TRUST STRATEGY, PRINCIPLES, MODEL ARCHITECTURE, AND IMPLEMENTATION PLANS. 

(a) IN GENERAL.—Not later than 270 days after the date of 

the enactment of this Act, the Chief Information Officer of the 

Department of Defense and the Commander of United States Cyber 

Command shall jointly develop a zero trust strategy, principles, 

and a model architecture to be implemented across the Department 

of Defense Information Network, including classified networks, operational technology, and weapon systems. 

(b) STRATEGY, PRINCIPLES, AND MODEL ARCHITECTURE ELE- MENTS.—The zero trust strategy, principles, and model architecture 

Deadline. 

10 USC 2224 

note. 

Deadline. 

Deadline. 

Evaluation. 


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required under subsection (a) shall include, at a minimum, the 

following elements: 

(1) Prioritized policies and procedures for establishing 

implementations of mature zero trust enabling capabilities 

within on-premises, hybrid, and pure cloud environments, 

including access control policies that determine which persona 

or device shall have access to which resources and the following: 

(A) Identity, credential, and access management. 

(B) Macro and micro network segmentation, whether 

in virtual, logical, or physical environments. 

(C) Traffic inspection. 

(D) Application security and containment. 

(E) Transmission, ingest, storage, and real-time analysis of cybersecurity metadata endpoints, networks, and 

storage devices. 

(F) Data management, data rights management, and 

access controls. 

(G) End-to-end encryption. 

(H) User access and behavioral monitoring, logging, 

and analysis. 

(I) Data loss detection and prevention methodologies. 

(J) Least privilege, including system or network 

administrator privileges. 

(K) Endpoint cybersecurity, including secure host, endpoint detection and response, and comply-to-connect 

requirements. 

(L) Automation and orchestration. 

(M) Configuration management of virtual machines, 

devices, servers, routers, and similar to be maintained on 

a single virtual device approved list (VDL). 

(2) Policies specific to operational technology, critical data, 

infrastructures, weapon systems, and classified networks. 

(3) Specification of enterprise-wide acquisitions of capabilities conducted or to be conducted pursuant to the policies 

referred to in paragraph (2). 

(4) Specification of standard zero trust principles supporting reference architectures and metrics-based assessment 

plan. 

(5) Roles, responsibilities, functions, and operational 

workflows of zero trust cybersecurity architecture and information technology personnel— 

(A) at combatant commands, military services, and 

defense agencies; and 

(B) Joint Forces Headquarters-Department of Defense 

Information Network. 

(c) ARCHITECTURE DEVELOPMENT AND IMPLEMENTATION.—In 

developing and implementing the zero trust strategy, principles, 

and model architecture required under subsection (a), the Chief 

Information Officer of the Department of Defense and the Commander of United States Cyber Command shall— 

(1) coordinate with— 

(A) the Principal Cyber Advisor to the Secretary of 

Defense; 

(B) the Director of the National Security Agency Cybersecurity Directorate; 

(C) the Director of the Defense Advanced Research 

Projects Agency; 


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135 STAT. 2046 PUBLIC LAW 117–81—DEC. 27, 2021 

(D) the Chief Information Officer of each military 

service; 

(E) the Commanders of the cyber components of the 

military services; 

(F) the Principal Cyber Advisor of each military service; 

(G) the Chairman of the Joints Chiefs of Staff; and 

(H) any other component of the Department of Defense 

as determined by the Chief Information Officer and the 

Commander; 

(2) assess the utility of the Joint Regional Security Stacks, 

automated continuous endpoint monitoring program, assured 

compliance assessment solution, and each of the defenses at 

the Internet Access Points for their relevance and applicability 

to the zero trust architecture and opportunities for integration 

or divestment; 

(3) employ all available resources, including online training, 

leveraging commercially available zero trust training material, 

and other Federal agency training, where feasible, to implement 

cybersecurity training on zero trust at the— 

(A) executive level; 

(B) cybersecurity professional or implementer level; 

and 

(C) general knowledge levels for Department of Defense 

users; 

(4) facilitate cyber protection team and cybersecurity 

service provider threat hunting and discovery of novel 

adversary activity; 

(5) assess and implement means to effect Joint Force Headquarters-Department of Defense Information Network’s automated command and control of the entire Department of 

Defense Information Network; 

(6) assess the potential of and, as appropriate, encourage, 

use of third-party cybersecurity-as-a-service models; 

(7) engage with and conduct outreach to industry, academia, international partners, and other departments and agencies of the Federal Government on issues relating to deployment 

of zero trust architectures; 

(8) assess the current Comply-to-Connect Plan; and 

(9) review past and conduct additional pilots to guide 

development, including— 

(A) utilization of networks designated for testing and 

accreditation under section 1658 of the National Defense 

Authorization Act for Fiscal Year 2020 (Public Law 116– 

92; 10 U.S.C. 2224 note); 

(B) use of automated red team products for assessment 

of pilot architectures; and 

(C) accreditation of piloted cybersecurity products for 

enterprise use in accordance with the findings on enterprise 

accreditation standards conducted pursuant to section 1654 

of such Act (Public Law 116–92). 

(d) IMPLEMENTATION PLANS.— 

(1) IN GENERAL.—Not later than one year after the finalization of the zero trust strategy, principles, and model architecture required under subsection (a), the head of each military 

department and the head of each component of the Department 

of Defense shall transmit to the Chief Information Officer of 

Deadline. 

Review. 

Assessment. 

Assessment. 

Assessment. 

Assessment. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2047 

the Department and the Commander of Joint Forces Headquarters-Department of Defense Information Network a draft 

plan to implement such zero trust strategy, principles, and 

model architecture across the networks of their respective 

components and military departments. 

(2) ELEMENTS.—Each implementation plan transmitted 

pursuant to paragraph (1) shall include, at a minimum, the 

following: 

(A) Specific acquisitions, implementations, 

instrumentations, and operational workflows to be implemented across unclassified and classified networks, operational technology, and weapon systems. 

(B) A detailed schedule with target milestones and 

required expenditures. 

(C) Interim and final metrics, including a phase migration plan. 

(D) Identification of additional funding, authorities, 

and policies, as may be required. 

(E) Requested waivers, exceptions to Department of 

Defense policy, and expected delays. 

(e) IMPLEMENTATION OVERSIGHT.— 

(1) IN GENERAL.—The Chief Information Officer of the 

Department of Defense shall— 

(A) assess the implementation plans transmitted 

pursuant to subsection (d)(1) for— 

(i) adequacy and responsiveness to the zero trust 

strategy, principles, and model architecture required 

under subsection (a); and 

(ii) appropriate use of enterprise-wide acquisitions; 

(B) ensure, at a high level, the interoperability and 

compatibility of individual components’ Solutions Architectures, including the leveraging of enterprise capabilities 

where appropriate through standards derivation, policy, 

and reviews; 

(C) use the annual investment guidance of the Chief 

to ensure appropriate implementation of such plans, 

including appropriate use of enterprise-wide acquisitions; 

(D) track use of waivers and exceptions to policy; 

(E) use the Cybersecurity Scorecard to track and drive 

implementation of Department components; and 

(F) leverage the authorities of the Commander of Joint 

Forces Headquarters-Department of Defense Information 

Network and the Director of the Defense Information Systems Agency to begin implementation of such zero trust 

strategy, principles, and model architecture. 

(2) ASSESSMENTS OF FUNDING.—Not later than March 31, 

2024, and annually thereafter, each Principal Cyber Advisor 

of a military service shall include in the annual budget certification of such military service, as required by section 1657(d) 

of the National Defense Authorization Act for Fiscal Year 2020 

(Public Law 116–92; 10 U.S.C. 391 note), an assessment of 

the adequacy of funding requested for each proposed budget 

for the purposes of carrying out the implementation plan for 

such military service under subsection (d)(1). 

(f) INITIAL BRIEFINGS.— 

Deadline. 

Assessment. 

Assessment. 


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135 STAT. 2048 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) ON MODEL ARCHITECTURE.—Not later than 90 days after 

finalizing the zero trust strategy, principles, and model architecture required under subsection (a), the Chief Information 

Officer of the Department of Defense and the Commander 

of Joint Forces Headquarters-Department of Defense Information Network shall provide to the congressional defense committees a briefing on such zero trust strategy, principles, and 

model architecture. 

(2) ON IMPLEMENTATION PLANS.—Not later than 90 days 

after the receipt by the Chief Information Officer of the Department of Defense of an implementation plan transmitted pursuant to subsection (d)(1), the secretary of a military department, 

in the case of an implementation plan pertaining to a military 

department or a military service, or the Chief Information 

Officer of the Department, in the case of an implementation 

plan pertaining to a remaining component of the Department, 

as the case may be, shall provide to the congressional defense 

committees a briefing on such implementation plan. 

(g) ANNUAL BRIEFINGS.—Effective February 1, 2022, at each 

of the annual cybersecurity budget review briefings of the Chief 

Information Officer of the Department of Defense and the military 

services for congressional staff, until January 1, 2030, the Chief 

Information Officer and the head of each of the military services 

shall provide updates on the implementation in their respective 

networks of the zero trust strategy, principles, and model architecture. 

SEC. 1529. DEMONSTRATION PROGRAM FOR AUTOMATED SECURITY 

VALIDATION TOOLS. 

(a) DEMONSTRATION PROGRAM REQUIRED.—Not later than 

October 1, 2024, the Chief Information Officer of the Department 

of Defense, acting through the Director of the Defense Information 

Systems Agency of the Department, shall complete a demonstration 

program to demonstrate and assess an automated security validation capability to assist the Department by— 

(1) mitigating cyber hygiene challenges; 

(2) supporting ongoing efforts of the Department to assess 

weapon systems resiliency; 

(3) quantifying enterprise security effectiveness of enterprise security controls, to inform future acquisition decisions 

of the Department; 

(4) assisting portfolio managers with balancing capability 

costs and capability coverage of the threat landscape; and 

(5) supporting the Department’s Cybersecurity Analysis 

and Review threat framework. 

(b) CONSIDERATIONS.—In developing capabilities for the demonstration program required under subsection (a), the Chief 

Information Officer shall consider— 

(1) integration into automated security validation tools of 

advanced commercially available threat intelligence; 

(2) metrics and scoring of security controls; 

(3) cyber analysis, cyber campaign tracking, and cybersecurity information sharing; 

(4) integration into cybersecurity enclaves and existing 

cybersecurity controls of security instrumentation and testing 

capability; 

(5) endpoint sandboxing; and 

Deadline. 

10 USC 2224 

note. 

Effective date. 

Deadline. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2049 

(6) use of actual adversary attack methodologies. 

(c) COORDINATION WITH MILITARY SERVICES.—In carrying out 

the demonstration program required under subsection (a), the Chief 

Information Officer, acting through the Director of the Defense 

Information Systems Agency, shall coordinate demonstration program activities with complementary efforts on-going within the 

military services, defense agencies, and field agencies. 

(d) INDEPENDENT CAPABILITY ASSESSMENT.—In carrying out the 

demonstration program required under subsection (a), the Chief 

Information Officer, acting through the Director of the Defense 

Information Systems Agency and in coordination with the Director, 

Operational Test and Evaluation, shall perform operational testing 

to evaluate the operational effectiveness, suitability, and cybersecurity of the capabilities developed under the demonstration program. 

(e) BRIEFING.— (1) INITIAL BRIEFING.—Not later than April 1, 2022, the 

Chief Information Officer shall brief the Committee on Armed 

Services of the Senate and the Committee on Armed Services 

of the House of Representatives on the plans and status of 

the Chief Information Officer with respect to the demonstration 

program required under subsection (a). 

(2) FINAL BRIEFING.—Not later than October 31, 2024, the 

Chief Information Officer shall brief the Committee on Armed 

Services of the Senate and the Committee on Armed Services 

of the House of Representatives on the results and findings 

of the Chief Information Officer with respect to the demonstration program required under subsection (a). 

SEC. 1530. IMPROVEMENTS TO CONSORTIUM OF UNIVERSITIES TO 

ADVISE SECRETARY OF DEFENSE ON CYBERSECURITY 

MATTERS. 

Section 1659 of the National Defense Authorization Act for 

Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 391 note) is 

amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘one or more consortia’’ and inserting ‘‘a consortium’’; and 

(B) in paragraph (1), by striking ‘‘or consortia’’; 

(2) in subsection (b), by striking ‘‘or consortia’’; 

(3) in subsection (c)— 

(A) by amending paragraph (1) to read as follows: 

‘‘(1) DESIGNATION OF ADMINISTRATIVE CHAIR.—The Secretary of Defense shall designate the National Defense University College of Information and Cyberspace to function as the 

administrative chair of the consortium established pursuant 

to subsection (a).’’; 

(B) by striking paragraph (2); 

(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; 

(D) in paragraph (2), as so redesignated— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘Each administrative’’ and 

inserting ‘‘The administrative’’; and 

(II) by striking ‘‘a consortium’’ and inserting 

‘‘the consortium’’; and 

(ii) in subparagraph (A), by striking ‘‘for the term 

specified by the Secretary under paragraph (1)’’; and 

Deadlines. 


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135 STAT. 2050 PUBLIC LAW 117–81—DEC. 27, 2021 

(E) by amending paragraph (3), as so redesignated, 

to read as follows: 

‘‘(3) EXECUTIVE COMMITTEE.—The Secretary, in consultation 

with the administrative chair, may form an executive committee 

for the consortium that is comprised of representatives of the 

Federal Government to assist the chair with the management 

and functions of the consortium.’’; and 

(4) by amending subsection (d) to read as follows: 

‘‘(d) CONSULTATION.—The Secretary shall meet with such members of the consortium as the Secretary considers appropriate, not 

less frequently than twice each year or at such periodicity as 

is agreed to by the Secretary and the consortium.’’. 

SEC. 1531. DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN AND 

WORKING GROUP. 

(a) PLAN REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense, acting 

through the working group established under subsection (d)(1), 

shall develop a plan for the establishment of a modern information 

technology infrastructure that supports state of the art tools and 

modern processes to enable effective and efficient development, 

testing, fielding, and continuous updating of artificial intelligencecapabilities. 

(b) CONTENTS OF PLAN.—The plan developed pursuant to subsection (a) shall include at a minimum the following: 

(1) A technical plan and guidance for necessary technical 

investments in the infrastructure described in subsection (a) 

that address critical technical issues, including issues relating 

to common interfaces, authentication, applications, platforms, 

software, hardware, and data infrastructure. 

(2) A governance structure, together with associated policies and guidance, to support the implementation throughout 

the Department of such plan. 

(3) Identification and minimum viable instantiations of 

prototypical development and platform environments with such 

infrastructure, including enterprise data sets assembled under 

subsection (e). 

(c) HARMONIZATION WITH DEPARTMENTAL EFFORTS.—The plan 

developed pursuant to subsection (a) shall include a description 

of the aggregated and consolidated financial and personnel requirements necessary to implement each of the following Department 

of Defense documents: 

(1) The Department of Defense Digital Modernization 

Strategy. 

(2) The Department of Defense Data Strategy. 

(3) The Department of Defense Cloud Strategy. 

(4) The Department of Defense Software Modernization 

Strategy. 

(5) The Department-wide software science and technology 

strategy required under section 255 of the National Defense 

Authorization Act for Fiscal Year 2020 (10 U.S.C. 2223a note). 

(6) The Department of Defense Artificial Intelligence Data 

Initiative. 

(7) The Joint All-Domain Command and Control Strategy. 

(8) Such other documents as the Secretary determines 

appropriate. 

(d) WORKING GROUP.— 

Deadline. 

Consultation. 


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(1) ESTABLISHMENT.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

establish a working group on digital development infrastructure 

implementation to develop the plan required under subsection 

(a). 

(2) MEMBERSHIP.—The working group established under 

paragraph (1) shall be composed of individuals selected by 

the Secretary of Defense to represent each of the following: 

(A) The Office of Chief Data Officer (CDO). 

(B) The Component Offices of Chief Information Officer 

and Chief Digital Officer. 

(C) The Joint Artificial Intelligence Center (JAIC). 

(D) The Office of the Under Secretary of Defense for 

Research & Engineering (OUSD (R&E)). 

(E) The Office of the Under Secretary of Defense for 

Acquisition & Sustainment (OUSD (A&S)). 

(F) The Office of the Under Secretary of Defense for 

Intelligence & Security (OUSD (I&S)). 

(G) Service Acquisition Executives. 

(H) The Office of the Director of Operational Test and 

Evaluation (DOT&E). 

(I) The office of the Director of the Defense Advanced 

Research Projects Agency (DARPA). 

(J) Digital development infrastructure programs, 

including the appropriate activities of the military services 

and defense agencies. 

(K) Such other officials of the Department of Defense 

as the Secretary determines appropriate. 

(3) CHAIRPERSON.—The chairperson of the working group 

established under paragraph (1) shall be the Chief Information 

Officer of the Department of Defense, or such other official 

as the Secretary of Defense considers appropriate. 

(4) CONSULTATION.—The working group shall consult with 

such experts outside of the Department of Defense as the 

working group considers necessary to develop the plan required 

under subsection (a). 

(e) STRATEGIC DATA NODE.—To enable efficient access to enterprise data sets referred to in subsection (b)(3) for users with authorized access, the Secretary of Defense shall assemble such enterprise 

data sets in the following areas: 

(1) Human resources. 

(2) Budget and finance. 

(3) Acquisition. 

(4) Logistics. 

(5) Real estate. 

(6) Health care. 

(7) Such other areas as the Secretary considers appropriate. 

(f) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report on the status of 

the development of the plan required under subsection (a). 

Deadline. 


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135 STAT. 2052 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 1532. STUDY REGARDING ESTABLISHMENT WITHIN THE DEPARTMENT OF DEFENSE OF A DESIGNATED CENTRAL PROGRAM OFFICE TO OVERSEE ACADEMIC ENGAGEMENT 

PROGRAMS RELATING TO ESTABLISHING CYBER TALENT 

ACROSS THE DEPARTMENT. 

(a) IN GENERAL.—Not later than 270 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a study regarding the 

need, feasibility, and advisability of establishing within the Department of Defense a designated central program office responsible 

for overseeing covered academic engagement programs across the 

Department. Such study shall examine the following: 

(1) Whether the Department’s cyber-focused academic 

engagement needs more coherence, additional coordination, or 

improved management, and whether a designated central program office would provide such benefits. 

(2) How such a designated central program office would 

coordinate and harmonize Department programs relating to 

covered academic engagement programs. 

(3) Metrics such office would use to measure the effectiveness of covered academic engagement programs. 

(4) Whether such an office is necessary to serve as an 

identifiable entry point to the Department by the academic 

community. 

(5) Whether the cyber discipline with respect to academic 

engagement should be treated separately from other STEM 

fields. 

(6) How such an office would interact with the consortium 

universities (established pursuant to section 1659 of the 

National Defense Authorization Act for Fiscal Year 2020 (10 

U.S.C. 391 note)) to assist the Secretary on cybersecurity matters. 

(7) Whether the establishment of such an office would 

have an estimated net savings for the Department. 

(b) CONSULTATION.—In conducting the study required under 

subsection (a), the Secretary of Defense shall consult with and 

solicit recommendations from academic institutions and stakeholders, including primary, secondary, and post-secondary educational institutions. 

(c) DETERMINATION.— 

(1) IN GENERAL.—Upon completion of the study required 

under subsection (a), the Secretary of Defense shall make a 

determination regarding the establishment within the Department of Defense of a designated central program office responsible for overseeing covered academic engagement programs 

across the Department. 

(2) IMPLEMENTATION.—If the Secretary of Defense makes 

an affirmative determination in accordance with paragraph 

(1), the Secretary shall establish within the Department of 

Defense a designated central program office responsible for 

overseeing covered academic programs across the Department. 

Not later than 180 days after such a determination, the Secretary shall promulgate such rules and regulations as are necessary to so establish such an office. 

(3) NEGATIVE DETERMINATION.—If the Secretary of Defense 

makes a negative determination in accordance with paragraph 

(1), the Secretary shall submit to the congressional defense 

Notice. 

Deadline. 

Regulations. 

Deadline. 

10 USC 2191 

note prec. 


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committees notice of such determination, together with a justification for such determination. Such justification shall 

include— 

(A) how the Secretary intends to coordinate and harmonize covered academic engagement programs; and 

(B) measures to determine effectiveness of covered academic engagement programs absent a designated central 

program office responsible for overseeing covered academic 

programs across the Department. 

(d) REPORT.—Not later than 270 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report that updates the 

matters required for inclusion in the reports required pursuant 

to section 1649 of the National Defense Authorization Act for Fiscal 

Year 2020 (Public Law 116–92) and section 1726(c) of the William 

M. (Mac) Thornberry National Defense Authorization Act for Fiscal 

Year 2021 (Public Law 116–283). 

(e) DEFINITION.—In this section, the term ‘‘covered academic 

engagement program’’ means each of the following: 

(1) Primary, secondary, or post-secondary education programs with a cyber focus. 

(2) Recruitment or retention programs for Department of 

Defense cyberspace personnel, including scholarship programs. 

(3) Academic partnerships focused on establishing cyber 

talent. 

(4) Cyber enrichment programs. 

SEC. 1533. REPORT ON THE CYBERSECURITY MATURITY MODEL CERTIFICATION PROGRAM. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

on the plans and recommendations of the Secretary for the Cyber 

Maturity Model Certification program. 

(b) CONTENTS.—The report submitted under subsection (a) shall 

include the following: 

(1) The programmatic changes required in the Cyber Maturity Model Certification program to address the plans and recommendations of the Secretary of Defense referred to in such 

subsection. 

(2) The strategy of the Secretary for rulemaking for such 

program and the process for the Cybersecurity Maturity Model 

Certification rule. 

(3) The budget and resources required to support such 

program. 

(4) A plan for communication and coordination with the 

defense industrial base regarding such program. 

(5) The coordination needed within the Department of 

Defense and between Federal agencies for such program. 

(6) The applicability of such program requirements to 

universities and academic partners of the Department. 

(7) A plan for communication and coordination with such 

universities and academic partners regarding such program. 

(8) Plans and explicit public announcement of processes 

for reimbursement of cybersecurity compliance expenses for 

Plans. 

Recommendations. 


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small and non-traditional businesses in the defense industrial 

base. 

(9) Plans for ensuring that persons seeking a Department 

contract for the first time are not required to expend funds 

to acquire cybersecurity capabilities and a certification required 

to perform under a contract as a precondition for bidding on 

such a contract without reimbursement in the event that such 

persons do not receive a contract award. 

(10) Clarification of roles and responsibilities of prime contractors for assisting and managing cybersecurity performance 

of subcontractors. 

(11) Such additional matters as the Secretary considers 

appropriate. 

SEC. 1534. DEADLINE FOR REPORTS ON ASSESSMENT OF CYBER RESILIENCY OF NUCLEAR COMMAND AND CONTROL SYSTEM. 

Subsection (c) of section 499 of title 10, United States Code, 

is amended— 

(1) in the heading, by striking ‘‘REPORT’’ and inserting 

‘‘REPORTS’’; 

(2) in paragraph (1), in the matter preceding subparagraph 

(A)— 

(A) by striking ‘‘The Commanders’’ and inserting ‘‘For 

each assessment conducted under subsection (a), the Commanders’’; and 

(B) by striking ‘‘the assessment required by subsection 

(a)’’ and inserting ‘‘the assessment’’; 

(3) in paragraph (2), by striking ‘‘the report’’ and inserting 

‘‘each report’’; and 

(4) in paragraph (3)— 

(A) by striking ‘‘The Secretary’’ and inserting ‘‘Not 

later than 90 days after the date of the submission of 

a report under paragraph (1), the Secretary’’; and 

(B) by striking ‘‘required by paragraph (1)’’. 

Subtitle C—Matters Related to Federal 

Cybersecurity 

SEC. 1541. CAPABILITIES OF THE CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY TO IDENTIFY THREATS TO 

INDUSTRIAL CONTROL SYSTEMS. 

(a) IN GENERAL.—Section 2209 of the Homeland Security Act 

of 2002 (6 U.S.C. 659) is amended— 

(1) in subsection (e)(1)— 

(A) in subparagraph (G), by striking ‘‘and;’’ after the 

semicolon; 

(B) in subparagraph (H), by inserting ‘‘and’’ after the 

semicolon; and 

(C) by adding at the end the following new subparagraph: 

‘‘(I) activities of the Center address the security of 

both information technology and operational technology, 

including industrial control systems;’’; and 

(2) by adding at the end the following new subsection: 

‘‘(q) INDUSTRIAL CONTROL SYSTEMS.—The Director shall maintain capabilities to identify and address threats and vulnerabilities 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2055 

to products and technologies intended for use in the automated 

control of critical infrastructure processes. In carrying out this 

subsection, the Director shall— 

‘‘(1) lead Federal Government efforts, in consultation with 

Sector Risk Management Agencies, as appropriate, to identify 

and mitigate cybersecurity threats to industrial control systems, 

including supervisory control and data acquisition systems; 

‘‘(2) maintain threat hunting and incident response 

capabilities to respond to industrial control system cybersecurity risks and incidents; 

‘‘(3) provide cybersecurity technical assistance to industry 

end-users, product manufacturers, Sector Risk Management 

Agencies, other Federal agencies, and other industrial control 

system stakeholders to identify, evaluate, assess, and mitigate 

vulnerabilities; 

‘‘(4) collect, coordinate, and provide vulnerability information to the industrial control systems community by, as appropriate, working closely with security researchers, industry endusers, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control systems stakeholders; and 

‘‘(5) conduct such other efforts and assistance as the Secretary determines appropriate.’’. 

(b) REPORT TO CONGRESS.—Not later than 180 days after the 

date of the enactment of this Act and every six months thereafter 

during the subsequent 4-year period, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall provide to the Committee on Homeland Security 

of the House of Representatives and the Committee on Homeland 

Security and Governmental Affairs of the Senate a briefing on 

the industrial control systems capabilities of the Agency under 

section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659), 

as amended by subsection (a). 

(c) GAO REVIEW.—Not later than two years after the date 

of the enactment of this Act, the Comptroller General of the United 

States shall review implementation of the requirements of subsections (e)(1)(I) and (p) of section 2209 of the Homeland Security 

Act of 2002 (6 U.S.C. 659), as amended by subsection (a), and 

submit to the Committee on Homeland Security of the House of 

Representatives and the Committee on Homeland Security and 

Governmental Affairs of the Senate a report that includes findings 

and recommendations relating to such implementation. Such report 

shall include information on the following: 

(1) Any interagency coordination challenges to the ability 

of the Director of the Cybersecurity and Infrastructure Security 

Agency of the Department of Homeland Security to lead Federal 

efforts to identify and mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(1) of such section. 

(2) The degree to which the Agency has adequate capacity, 

expertise, and resources to carry out threat hunting and 

incident response capabilities to mitigate cybersecurity threats 

to industrial control systems pursuant to subsection (p)(2) of 

such section, as well as additional resources that would be 

needed to close any operational gaps in such capabilities. 

(3) The extent to which industrial control system stakeholders sought cybersecurity technical assistance from the 

Deadline. 

Time period. 

Consultation. 


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135 STAT. 2056 PUBLIC LAW 117–81—DEC. 27, 2021 

Agency pursuant to subsection (p)(3) of such section, and the 

utility and effectiveness of such technical assistance. 

(4) The degree to which the Agency works with security 

researchers and other industrial control systems stakeholders, 

pursuant to subsection (p)(4) of such section, to provide vulnerability information to the industrial control systems community. 

SEC. 1542. CYBERSECURITY VULNERABILITIES. 

Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 

659) is amended— 

(1) in subsection (a)— 

(A) by redesignating paragraphs (4) through (8) as 

paragraphs (5) through (9), respectively; and 

(B) by inserting after paragraph (3) the following new 

paragraph: 

‘‘(4) the term ‘cybersecurity vulnerability’ has the meaning 

given the term ‘security vulnerability’ in section 102 of the 

Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 

1501);’’. 

(2) in subsection (c)— 

(A) in paragraph (5)— 

(i) in subparagraph (A), by striking ‘‘and’’ after 

the semicolon at the end; 

(ii) by redesignating subparagraph (B) as subparagraph (C); 

(iii) by inserting after subparagraph (A) the following new subparagraph: 

‘‘(B) sharing mitigation protocols to counter cybersecurity 

vulnerabilities pursuant to subsection (n), as appropriate; and’’; 

and 

(iv) in subparagraph (C), as so redesignated, by 

inserting ‘‘and mitigation protocols to counter cybersecurity vulnerabilities in accordance with subparagraph 

(B), as appropriate,’’ before ‘‘with Federal’’; 

(B) in paragraph (7)(C), by striking ‘‘sharing’’ and 

inserting ‘‘share’’; and 

(C) in paragraph (9), by inserting ‘‘mitigation protocols 

to counter cybersecurity vulnerabilities, as appropriate,’’ 

after ‘‘measures,’’; 

(3) by redesignating subsection (o) as subsection (p); and 

(4) by inserting after subsection (n) following new subsection: 

‘‘(o) PROTOCOLS TO COUNTER CERTAIN CYBERSECURITY

VULNERABILITIES.—The Director may, as appropriate, identify, 

develop, and disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control 

systems, including in circumstances in which such vulnerabilities 

exist because software or hardware is no longer supported by a 

vendor.’’. 

SEC. 1543. REPORT ON CYBERSECURITY VULNERABILITIES. 

(a) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security 

shall submit to the Committee on Homeland Security of the House 

of Representatives and the Committee on Homeland Security and 

Governmental Affairs of the Senate a report on how the Agency 

carries out subsection (n) of section 2209 of the Homeland Security 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2057 

Act of 2002 to coordinate vulnerability disclosures, including disclosures of cybersecurity vulnerabilities (as such term is defined in 

such section), and subsection (o) of such section to disseminate 

actionable protocols to mitigate cybersecurity vulnerabilities to 

information systems and industrial control systems, that include 

the following: 

(1) A description of the policies and procedures relating 

to the coordination of vulnerability disclosures. 

(2) A description of the levels of activity in furtherance 

of such subsections (n) and (o) of such section 2209. 

(3) Any plans to make further improvements to how 

information provided pursuant to such subsections can be 

shared (as such term is defined in such section 2209) between 

the Department and industry and other stakeholders. 

(4) Any available information on the degree to which such 

information was acted upon by industry and other stakeholders. 

(5) A description of how privacy and civil liberties are 

preserved in the collection, retention, use, and sharing of 

vulnerability disclosures. 

(b) FORM.—The report required under subsection (b) shall be 

submitted in unclassified form but may contain a classified annex. 

SEC. 1544. COMPETITION RELATING TO CYBERSECURITY 

VULNERABILITIES. 

The Under Secretary for Science and Technology of the Department of Homeland Security, in consultation with the Director of 

the Cybersecurity and Infrastructure Security Agency of the Department, may establish an incentive-based program that allows 

industry, individuals, academia, and others to compete in identifying remediation solutions for cybersecurity vulnerabilities (as such 

term is defined in section 2209 of the Homeland Security Act 

of 2002) to information systems (as such term is defined in such 

section 2209) and industrial control systems, including supervisory 

control and data acquisition systems. 

SEC. 1545. STRATEGY. 

Section 2210 of the Homeland Security Act of 2002 (6 U.S.C. 

660) is amended by adding at the end the following new subsection: 

‘‘(e) HOMELAND SECURITY STRATEGY TO IMPROVE THE CYBERSECURITY OF STATE, LOCAL, TRIBAL, AND TERRITORIAL GOVERNMENTS.— 

‘‘(1) IN GENERAL.— 

‘‘(A) REQUIREMENT.—Not later than one year after the 

date of the enactment of this subsection, the Secretary, 

acting through the Director, shall, in coordination with 

the heads of appropriate Federal agencies, State, local, 

Tribal, and territorial governments, and other stakeholders, 

as appropriate, develop and make publicly available a 

Homeland Security Strategy to Improve the Cybersecurity 

of State, Local, Tribal, and Territorial Governments. 

‘‘(B) RECOMMENDATIONS AND REQUIREMENTS.—The 

strategy required under subparagraph (A) shall provide 

recommendations relating to the ways in which the Federal 

Government should support and promote the ability of 

State, local, Tribal, and territorial governments to identify, 

mitigate against, protect against, detect, respond to, and 

recover from cybersecurity risks (as such term is defined 

Deadline. 

Consultation. 

6 USC 663 note. 


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135 STAT. 2058 PUBLIC LAW 117–81—DEC. 27, 2021 

in section 2209), cybersecurity threats, and incidents (as 

such term is defined in section 2209). 

‘‘(2) CONTENTS.—The strategy required under paragraph 

(1) shall— 

‘‘(A) identify capability gaps in the ability of State, 

local, Tribal, and territorial governments to identify, protect 

against, detect, respond to, and recover from cybersecurity 

risks, cybersecurity threats, incidents, and ransomware 

incidents; 

‘‘(B) identify Federal resources and capabilities that 

are available or could be made available to State, local, 

Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and 

recover from cybersecurity risks, cybersecurity threats, 

incidents, and ransomware incidents; 

‘‘(C) identify and assess the limitations of Federal 

resources and capabilities available to State, local, Tribal, 

and territorial governments to help those governments 

identify, protect against, detect, respond to, and recover 

from cybersecurity risks, cybersecurity threats, incidents, 

and ransomware incidents and make recommendations to 

address such limitations; 

‘‘(D) identify opportunities to improve the coordination 

of the Agency with Federal and non-Federal entities, such 

as the Multi-State Information Sharing and Analysis 

Center, to improve— 

‘‘(i) incident exercises, information sharing and 

incident notification procedures; 

‘‘(ii) the ability for State, local, Tribal, and territorial governments to voluntarily adapt and implement 

guidance in Federal binding operational directives; and 

‘‘(iii) opportunities to leverage Federal schedules 

for cybersecurity investments under section 502 of title 

40, United States Code; 

‘‘(E) recommend new initiatives the Federal Government should undertake to improve the ability of State, 

local, Tribal, and territorial governments to identify, protect 

against, detect, respond to, and recover from cybersecurity 

risks, cybersecurity threats, incidents, and ransomware 

incidents; 

‘‘(F) set short-term and long-term goals that will 

improve the ability of State, local, Tribal, and territorial 

governments to identify, protect against, detect, respond 

to, and recover from cybersecurity risks, cybersecurity 

threats, incidents, and ransomware incidents; and 

‘‘(G) set dates, including interim benchmarks, as appropriate for State, local, Tribal, and territorial governments 

to establish baseline capabilities to identify, protect against, 

detect, respond to, and recover from cybersecurity risks, 

cybersecurity threats, incidents, and ransomware incidents. 

‘‘(3) CONSIDERATIONS.—In developing the strategy required 

under paragraph (1), the Director, in coordination with the 

heads of appropriate Federal agencies, State, local, Tribal, and 

territorial governments, and other stakeholders, as appropriate, 

shall consider— 

Recommendations. 

Recommendations. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2059 

‘‘(A) lessons learned from incidents that have affected 

State, local, Tribal, and territorial governments, and exercises with Federal and non-Federal entities; 

‘‘(B) the impact of incidents that have affected State, 

local, Tribal, and territorial governments, including the 

resulting costs to such governments; 

‘‘(C) the information related to the interest and ability 

of state and non-state threat actors to compromise information systems (as such term is defined in section 102 of 

the Cybersecurity Act of 2015 (6 U.S.C. 1501)) owned or 

operated by State, local, Tribal, and territorial governments; and 

‘‘(D) emerging cybersecurity risks and cybersecurity 

threats to State, local, Tribal, and territorial governments 

resulting from the deployment of new technologies. 

‘‘(4) EXEMPTION.—Chapter 35 of title 44, United States 

Code (commonly known as the ‘Paperwork Reduction Act’), 

shall not apply to any action to implement this subsection.’’. 

SEC. 1546. CYBER INCIDENT RESPONSE PLAN. 

Subsection (c) of section 2210 of the Homeland Security Act 

of 2002 (6 U.S.C. 660) is amended— 

(1) by striking ‘‘regularly update’’ and inserting ‘‘update 

not less often than biennially’’; and 

(2) by adding at the end the following new sentence: ‘‘The 

Director, in consultation with relevant Sector Risk Management 

Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders 

regarding Federal Government cybersecurity roles and responsibilities for cyber incident response.’’. 

SEC. 1547. NATIONAL CYBER EXERCISE PROGRAM. 

(a) IN GENERAL.—Subtitle A of title XXII of the Homeland 

Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding 

at the end the following new section: 

‘‘SEC. 2220B. NATIONAL CYBER EXERCISE PROGRAM. 

‘‘(a) ESTABLISHMENT OF PROGRAM.— 

‘‘(1) IN GENERAL.—There is established in the Agency the 

National Cyber Exercise Program (referred to in this section 

as the ‘Exercise Program’) to evaluate the National Cyber 

Incident Response Plan, and other related plans and strategies. 

‘‘(2) REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The Exercise Program shall be— 

‘‘(i) based on current risk assessments, including 

credible threats, vulnerabilities, and consequences; 

‘‘(ii) designed, to the extent practicable, to simulate 

the partial or complete incapacitation of a government 

or critical infrastructure network resulting from a 

cyber incident; 

‘‘(iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and 

relevant information sharing agreements; and 

‘‘(iv) designed to promptly develop after-action 

reports and plans that can quickly incorporate lessons 

learned into future operations. 

Assessments. 

6 USC 665h. 

Consultation. 


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135 STAT. 2060 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(B) MODEL EXERCISE SELECTION.—The Exercise Program shall— 

‘‘(i) include a selection of model exercises that 

government and private entities can readily adapt for 

use; and 

‘‘(ii) aid such governments and private entities 

with the design, implementation, and evaluation of 

exercises that— 

‘‘(I) conform to the requirements described in 

subparagraph (A); 

‘‘(II) are consistent with any applicable 

national, State, local, or Tribal strategy or plan; 

and 

‘‘(III) provide for systematic evaluation of 

readiness. 

‘‘(3) CONSULTATION.—In carrying out the Exercise Program, 

the Director may consult with appropriate representatives from 

Sector Risk Management Agencies, the Office of the National 

Cyber Director, cybersecurity research stakeholders, and Sector 

Coordinating Councils. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) STATE.—The term ‘State’ means any State of the 

United States, the District of Columbia, the Commonwealth 

of Puerto Rico, the Northern Mariana Islands, the United States 

Virgin Islands, Guam, American Samoa, and any other territory 

or possession of the United States. 

‘‘(2) PRIVATE ENTITY.—The term ‘private entity’ has the 

meaning given such term in section 102 of the Cybersecurity 

Information Sharing Act of 2015 (6 U.S.C. 1501). 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to affect the authorities or responsibilities of the 

Administrator of the Federal Emergency Management Agency 

pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748).’’. 

(b) TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS.— 

(1) TECHNICAL AMENDMENTS.— 

(A) HOMELAND SECURITY ACT OF 2002.—Subtitle A of 

title XXII of the Homeland Security Act of 2002 (6 U.S.C. 

651 et seq.) is amended— 

(i) in section 2202(c) (6 U.S.C. 652(c))— 

(I) in paragraph (11), by striking ‘‘and’’ after 

the semicolon; 

(II) in the first paragraph (12) (relating to 

appointment of a Cybersecurity State Coordinator) 

by striking ‘‘as described in section 2215; and’’ 

and inserting ‘‘as described in section 2217;’’; 

(III) by redesignating the second paragraph 

(12) (relating to the .gov internet domain) as paragraph (13); and 

(IV) by redesignating the third paragraph (12) 

(relating to carrying out such other duties and 

responsibilities) as paragraph (14); 

(ii) in the first section 2215 (6 U.S.C. 665; relating 

to the duties and authorities relating to .gov internet 

domain), by amending the section enumerator and 

heading to read as follows: 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2061 

‘‘SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET 

DOMAIN.’’; 

(iii) in the second section 2215 (6 U.S.C. 665b; 

relating to the joint cyber planning office), by amending 

the section enumerator and heading to read as follows: 

‘‘SEC. 2216. JOINT CYBER PLANNING OFFICE.’’; 

(iv) in the third section 2215 (6 U.S.C. 665c; 

relating to the Cybersecurity State Coordinator), by 

amending the section enumerator and heading to read 

as follows: 

‘‘SEC. 2217. CYBERSECURITY STATE COORDINATOR.’’; 

(v) in the fourth section 2215 (6 U.S.C. 665d; 

relating to Sector Risk Management Agencies), by 

amending the section enumerator and heading to read 

as follows: 

‘‘SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.’’; 

(vi) in section 2216 (6 U.S.C. 665e; relating to 

the Cybersecurity Advisory Committee), by amending 

the section enumerator and heading to read as follows: 

‘‘SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.’’; 

(vii) in section 2217 (6 U.S.C. 665f; relating to 

Cybersecurity Education and Training Programs), by 

amending the section enumerator and heading to read 

as follows: 

‘‘SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.’’; 

and 

(viii) in section 2218 (6 U.S.C. 665g; relating to 

the State and Local Cybersecurity Grant Program), 

by amending the section enumerator and heading to 

read as follows: 

‘‘SEC. 2220A. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.’’. 

(B) CONSOLIDATED APPROPRIATIONS ACT, 2021.—Paragraph (1) of section 904(b) of division U of the Consolidated 

Appropriations Act, 2021 (Public Law 116–260) is amended, 

in the matter preceding subparagraph (A), by inserting 

‘‘of 2002’’ after ‘‘Homeland Security Act’’. 

(2) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 is further amended 

by striking the items relating to sections 2214 through 2218 

and inserting the following new items: 

‘‘Sec. 2214. National Asset Database. 

‘‘Sec. 2215. Duties and authorities relating to .gov internet domain. 

‘‘Sec. 2216. Joint cyber planning office. 

‘‘Sec. 2217. Cybersecurity State Coordinator. 

‘‘Sec. 2218. Sector Risk Management Agencies. 

‘‘Sec. 2219. Cybersecurity Advisory Committee. 

‘‘Sec. 2220. Cybersecurity Education and Training Programs. 

‘‘Sec. 2220A. State and Local Cybersecurity Grant Program. 

‘‘Sec. 2220B. National cyber exercise program.’’. 

SEC. 1548. CYBERSENTRY PROGRAM OF THE CYBERSECURITY AND 

INFRASTRUCTURE SECURITY AGENCY. 

(a) IN GENERAL.—Title XXII of the Homeland Security Act 

of 2002 (6 U.S.C. 651 et seq.) is further amended by adding at 

the end the following new section: 


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135 STAT. 2062 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘SEC. 2220C. CYBERSENTRY PROGRAM. 

‘‘(a) ESTABLISHMENT.—There is established in the Agency a 

program, to be known as ‘CyberSentry’, to provide continuous monitoring and detection of cybersecurity risks to critical infrastructure 

entities that own or operate industrial control systems that support 

national critical functions, upon request and subject to the consent 

of such owner or operator. 

‘‘(b) ACTIVITIES.—The Director, through CyberSentry, shall— 

‘‘(1) enter into strategic partnerships with critical infrastructure owners and operators that, in the determination of 

the Director and subject to the availability of resources, own 

or operate regionally or nationally significant industrial control 

systems that support national critical functions, in order to 

provide technical assistance in the form of continuous monitoring of industrial control systems and the information systems 

that support such systems and detection of cybersecurity risks 

to such industrial control systems and other cybersecurity services, as appropriate, based on and subject to the agreement 

and consent of such owner or operator; 

‘‘(2) leverage sensitive or classified intelligence about cybersecurity risks regarding particular sectors, particular adversaries, and trends in tactics, techniques, and procedures to 

advise critical infrastructure owners and operators regarding 

mitigation measures and share information as appropriate; 

‘‘(3) identify cybersecurity risks in the information technology and information systems that support industrial control 

systems which could be exploited by adversaries attempting 

to gain access to such industrial control systems, and work 

with owners and operators to remediate such vulnerabilities; 

‘‘(4) produce aggregated, anonymized analytic products, 

based on threat hunting and continuous monitoring and detection activities and partnerships, with findings and recommendations that can be disseminated to critical infrastructure owners 

and operators; and 

‘‘(5) support activities authorized in accordance with section 

1501 of the National Defense Authorization Act for Fiscal Year 

2022. 

‘‘(c) PRIVACY REVIEW.—Not later than 180 days after the date 

of enactment of this section, the Privacy Officer of the Agency 

under section 2202(h) shall— 

‘‘(1) review the policies, guidelines, and activities of 

CyberSentry for compliance with all applicable privacy laws, 

including such laws governing the acquisition, interception, 

retention, use, and disclosure of communities; and 

‘‘(2) submit to the Committee on Homeland Security of 

the House of Representatives and the Committee on Homeland 

Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred 

to in paragraph (1), or identifying any instances of noncompliance with such privacy laws. 

‘‘(d) REPORT TO CONGRESS.—Not later than one year after the 

date of the enactment of this section, the Director shall provide 

to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental 

Affairs of the Senate a briefing and written report on implementation of this section. 

Reports. 

Deadline. 

6 USC 665i. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2063 

‘‘(e) SAVINGS.—Nothing in this section may be construed to 

permit the Federal Government to gain access to information of 

a remote computing service provider to the public or an electronic 

service provider to the public, the disclosure of which is not permitted under section 2702 of title 18, United States Code. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) CYBERSECURITY RISK.—The term ‘cybersecurity risk’ 

has the meaning given such term in section 2209(a). 

‘‘(2) INDUSTRIAL CONTROL SYSTEM.—The term ‘industrial 

control system’ means an information system used to monitor 

and/or control industrial processes such as manufacturing, 

product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to 

monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces 

(HMIs), and programmable logic controllers that control localized processes. 

‘‘(3) INFORMATION SYSTEM.—The term ‘information system’ 

has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated 

Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 

1501(9)). 

‘‘(g) TERMINATION.—The authority to carry out a program under 

this section shall terminate on the date that is seven years after 

the date of the enactment of this section.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 is further amended 

by adding after the item relating to section 2220B the following 

new item: 

‘‘Sec. 2220C. CyberSentry program.’’. 

(c) CONTINUOUS MONITORING AND DETECTION.—Section 

2209(c)(6) of the Homeland Security Act of 2002 (6 U.S.C. 659) 

is amended by inserting ‘‘, which may take the form of continuous 

monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that 

support national critical functions’’ after ‘‘mitigation, and remediation’’. 

SEC. 1549. STRATEGIC ASSESSMENT RELATING TO INNOVATION OF 

INFORMATION SYSTEMS AND CYBERSECURITY THREATS. 

(a) RESPONSIBILITIES OF DIRECTOR.—Section 2202(c)(3) of the 

Homeland Security Act of 2002 (6 U.S.C. 652) is amended by 

striking the semicolon at the end and adding the following: ‘‘, 

including by carrying out a periodic strategic assessment of the 

related programs and activities of the Agency to ensure such programs and activities contemplate the innovation of information 

systems and changes in cybersecurity risks and cybersecurity 

threats;’’ 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 240 days after the date 

of the enactment of this Act and not fewer than once every 

three years thereafter, the Director of the Cybersecurity and 

Infrastructure Security Agency shall submit to the Committee 

on Homeland Security of the House of Representatives and 

the Committee on Homeland Security and Governmental 

Affairs of the Senate a strategic assessment for the purposes 

described in paragraph (2). 

Assessment. 


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135 STAT. 2064 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) PURPOSES.—The purposes described in this paragraph 

are the following: 

(A) A description of the existing programs and activities 

administered in furtherance of section 2202(c)(3) of the 

Homeland Security Act of 2002 (6 U.S.C. 652). 

(B) An assessment of the capability of existing programs and activities administered by the Agency in furtherance of such section to monitor for, manage, mitigate, and 

defend against cybersecurity risks and cybersecurity 

threats. 

(C) An assessment of past or anticipated technological 

trends or innovation of information systems or information 

technology that have the potential to affect the efficacy 

of the programs and activities administered by the Agency 

in furtherance of such section. 

(D) A description of any changes in the practices of 

the Federal workforce, such as increased telework, affect 

the efficacy of the programs and activities administered 

by the Agency in furtherance of section 2202(c)(3). 

(E) A plan to integrate innovative security tools, technologies, protocols, activities, or programs to improve the 

programs and activities administered by the Agency in 

furtherance of such section. 

(F) A description of any research and development 

activities necessary to enhance the programs and activities 

administered by the Agency in furtherance of such section. 

(G) A description of proposed changes to existing programs and activities administered by the Agency in furtherance of such section, including corresponding milestones 

for implementation. 

(H) Information relating to any new resources or 

authorities necessary to improve the programs and activities administered by the Agency in furtherance of such 

section. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘Agency’’ means the Cybersecurity and Infrastructure Security Agency. 

(2) The term ‘‘cybersecurity purpose’’ has the meaning given 

such term in section 102(4) of the Cybersecurity Information 

Sharing Act of 2015 (6 U.S.C. 1501(4)). 

(3) The term ‘‘cybersecurity risk’’ has the meaning given 

such term in section 2209(a)(2) of the Homeland Security Act 

of 2002 (U.S.C. 659(a)(2)). 

(4) The term ‘‘information system’’ has the meaning given 

such term in section 3502(8) of title 44, United States Code. 

(5) The term ‘‘information technology’’ has the meaning 

given such term in 3502(9) of title 44, United States Code. 

(6) The term ‘‘telework’’ has the meaning given the term 

in section 6501(3) of title 5, United States Code. 

SEC. 1550. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS WITH 

INTERNET ECOSYSTEM COMPANIES TO DETECT AND DISRUPT ADVERSARY CYBER OPERATIONS. 

(a) PILOT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary, acting through the 

Director of the Cybersecurity and Infrastructure Security Agency 

of the Department of Homeland Security and in coordination with 

Deadline. 

6 USC 652 note. 

Plan. 

Assessment. 

Assessment. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2065 

the Secretary of Defense and the National Cyber Director, shall 

commence a pilot program to assess the feasibility and advisability 

of entering into public-private partnerships with internet ecosystem 

companies to facilitate, within the bounds of applicable provisions 

of law and such companies’ terms of service, policies, procedures, 

contracts, and other agreements, actions by such companies to 

discover and disrupt use by malicious cyber actors of the platforms, 

systems, services, and infrastructure of such companies. 

(b) PUBLIC-PRIVATE PARTNERSHIPS.— 

(1) IN GENERAL.—In carrying out the pilot program under 

subsection (a), the Secretary shall seek to enter into one or 

more public-private partnerships with internet ecosystem 

companies. 

(2) VOLUNTARY PARTICIPATION.— 

(A) IN GENERAL.—Participation by an internet ecosystem company in a public-private partnership under the 

pilot program, including in any activity described in subsection (c), shall be voluntary. 

(B) PROHIBITION.—No funds appropriated by any Act 

may be used to direct, pressure, coerce, or otherwise require 

that any internet ecosystem company take any action on 

their platforms, systems, services, or infrastructure as part 

of the pilot program. 

(c) AUTHORIZED ACTIVITIES.—In carrying out the pilot program 

under subsection (a), the Secretary may— 

(1) provide assistance to a participating internet ecosystem 

company to develop effective know-your-customer processes and 

requirements; 

(2) provide information, analytics, and technical assistance 

to improve the ability of participating companies to detect and 

prevent illicit or suspicious procurement, payment, and account 

creation on their own platforms, systems, services, or infrastructure; 

(3) develop and socialize best practices for the collection, 

retention, and sharing of data by participating internet ecosystem companies to support discovery of malicious cyber 

activity, investigations, and attribution on the platforms, systems, services, or infrastructure of such companies; 

(4) provide to participating internet ecosystem companies 

actionable, timely, and relevant information, such as information about ongoing operations and infrastructure, threats, tactics, and procedures, and indicators of compromise, to enable 

such companies to detect and disrupt the use by malicious 

cyber actors of the platforms, systems, services, or infrastructure of such companies; 

(5) provide recommendations for (but not design, develop, 

install, operate, or maintain) operational workflows, assessment 

and compliance practices, and training that participating internet ecosystem companies can implement to reliably detect and 

disrupt the use by malicious cyber actors of the platforms, 

systems, services, or infrastructure of such companies; 

(6) provide recommendations for accelerating, to the 

greatest extent practicable, the automation of existing or implemented operational workflows to operate at line-rate in order 

to enable real-time mitigation without the need for manual 

review or action; 

Recommendations. 

Recommendations. 


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135 STAT. 2066 PUBLIC LAW 117–81—DEC. 27, 2021 

(7) provide recommendations for (but not design, develop, 

install, operate, or maintain) technical capabilities to enable 

participating internet ecosystem companies to collect and analyze data on malicious activities occurring on the platforms, 

systems, services, or infrastructure of such companies to detect 

and disrupt operations of malicious cyber actors; and 

(8) provide recommendations regarding relevant mitigations for suspected or discovered malicious cyber activity and 

thresholds for action. 

(d) COMPETITION CONCERNS.—Consistent with section 1905 of 

title 18, United States Code, the Secretary shall ensure that any 

trade secret or proprietary information of a participating internet 

ecosystem company made known to the Federal Government pursuant to a public-private partnership under the pilot program remains 

private and protected unless explicitly authorized by such company. 

(e) IMPARTIALITY.—In carrying out the pilot program under 

subsection (a), the Secretary may not take any action that is 

intended primarily to advance the particular business interests 

of an internet ecosystem company but is authorized to take actions 

that advance the interests of the United States, notwithstanding 

differential impact or benefit to a given company’s or given companies’ business interests. 

(f) RESPONSIBILITIES.— 

(1) SECRETARY OF HOMELAND SECURITY.—The Secretary 

shall exercise primary responsibility for the pilot program under 

subsection (a), including organizing and directing authorized 

activities with participating Federal Government organizations 

and internet ecosystem companies to achieve the objectives 

of the pilot program. 

(2) NATIONAL CYBER DIRECTOR.—The National Cyber 

Director shall support prioritization and cross-agency coordination for the pilot program, including ensuring appropriate 

participation by participating agencies and the identification 

and prioritization of key private sector entities and initiatives 

for the pilot program. 

(3) SECRETARY OF DEFENSE.—The Secretary of Defense 

shall provide support and resources to the pilot program, 

including the provision of technical and operational expertise 

drawn from appropriate and relevant officials and components 

of the Department of Defense, including the National Security 

Agency, United States Cyber Command, the Chief Information 

Officer, the Office of the Secretary of Defense, military department Principal Cyber Advisors, and the Defense Advanced 

Research Projects Agency. 

(g) PARTICIPATION OF OTHER FEDERAL GOVERNMENT COMPONENTS.—The Secretary may invite to participate in the pilot program required under subsection (a) the heads of such departments 

or agencies as the Secretary considers appropriate. 

(h) INTEGRATION WITH OTHER EFFORTS.—The Secretary shall 

ensure that the pilot program required under subsection (a) makes 

use of, builds upon, and, as appropriate, integrates with and does 

not duplicate other efforts of the Department of Homeland Security 

and the Department of Defense relating to cybersecurity, including 

the following: 

(1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency of the Department 

of Homeland Security. 

Recommendations. 


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(2) The Cybersecurity Collaboration Center and Enduring 

Security Framework of the National Security Agency. 

(i) RULES OF CONSTRUCTION.— 

(1) LIMITATION ON GOVERNMENT ACCESS TO DATA.—Nothing 

in this section authorizes sharing of information, including 

information relating to customers of internet ecosystem companies or private individuals, from an internet ecosystem company 

to an agency, officer, or employee of the Federal Government 

unless otherwise authorized by another provision of law. 

(2) STORED COMMUNICATIONS ACT.—Nothing in this section 

may be construed to permit or require disclosure by a provider 

of a remote computing service or a provider of an electronic 

communication service to the public of information not otherwise permitted or required to be disclosed under chapter 121 

of title 18, United States Code (commonly known as the ‘‘Stored 

Communications Act’’). 

(3) THIRD PARTY CUSTOMERS.—Nothing in this section may 

be construed to require a third party, such as a customer 

or managed service provider of an internet ecosystem company, 

to participate in the pilot program under subsection (a). 

(j) BRIEFINGS.— 

(1) INITIAL.— 

(A) IN GENERAL.—Not later than one year after the 

date of the enactment of this Act, the Secretary, in 

coordination with the Secretary of Defense and the National 

Cyber Director, shall brief the appropriate committees of 

Congress on the pilot program required under subsection 

(a). 

(B) ELEMENTS.—The briefing required under subparagraph (A) shall include the following: 

(i) The plans of the Secretary for the implementation of the pilot program. 

(ii) Identification of key priorities for the pilot program. 

(iii) Identification of any potential challenges in 

standing up the pilot program or impediments, such 

as a lack of liability protection, to private sector participation in the pilot program. 

(iv) A description of the roles and responsibilities 

in the pilot program of each participating Federal 

entity. 

(2) ANNUAL.— 

(A) IN GENERAL.—Not later than two years after the 

date of the enactment of this Act and annually thereafter 

for three years, the Secretary, in coordination with the 

Secretary of Defense and the National Cyber Director, shall 

brief the appropriate committees of Congress on the 

progress of the pilot program required under subsection 

(a). 

(B) ELEMENTS.—Each briefing required under subparagraph (A) shall include the following: 

(i) Recommendations for addressing relevant 

policy, budgetary, and legislative gaps to increase the 

effectiveness of the pilot program. 

(ii) Recommendations, such as providing liability 

protection, for increasing private sector participation 

in the pilot program. 

Recommendations. 

Recommendations. 

Deadline. 

Time period. 

Deadline. 


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(iii) A description of the challenges encountered 

in carrying out the pilot program, including any concerns expressed by internet ecosystem companies 

regarding participation in the pilot program. 

(iv) The findings of the Secretary with respect 

to the feasibility and advisability of extending or 

expanding the pilot program. 

(v) Such other matters as the Secretary considers 

appropriate. 

(k) TERMINATION.—The pilot program required under subsection 

(a) shall terminate on the date that is five years after the date 

of the enactment of this Act. 

(l) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of 

the Senate; and 

(B) the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives. 

(2) INTERNET ECOSYSTEM COMPANY.—The term ‘‘internet 

ecosystem company’’ means a business incorporated in the 

United States that provides cybersecurity services, internet 

service, content delivery services, Domain Name Service, cloud 

services, mobile telecommunications services, email and messaging services, internet browser services, or such other services 

as the Secretary determines appropriate for the purposes of 

the pilot program under subsection (a). 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Homeland Security. 

SEC. 1551. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION. 

(a) GRANT PROGRAM.— 

(1) ESTABLISHMENT.—The Secretary, in accordance with 

the agreement entitled the ‘‘Agreement between the Government of the United States of America and the Government 

of the State of Israel on Cooperation in Science and Technology 

for Homeland Security Matters’’, dated May 29, 2008 (or successor agreement), and the requirements specified in paragraph 

(2), shall establish a grant program at the Department to 

support— 

(A) cybersecurity research and development; and 

(B) demonstration and commercialization of cybersecurity technology. 

(2) REQUIREMENTS.— 

(A) APPLICABILITY.—Notwithstanding section 317 of the 

Homeland Security Act of 2002 (6 U.S.C. 195c), in carrying 

out a research, development, demonstration, or commercial 

application program or activity that is authorized under 

this section, the Secretary shall require cost sharing in 

accordance with this paragraph. 

(B) RESEARCH AND DEVELOPMENT.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

the Secretary shall require not less than 50 percent 

of the cost of a research, development, demonstration, 

or commercial application program or activity described 

22 USC 8606 

note. 


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in subparagraph (A) to be provided by a non-Federal 

source. 

(ii) REDUCTION.—The Secretary may reduce or 

eliminate, on a case-by-case basis, the percentage 

requirement specified in clause (i) if the Secretary 

determines that such reduction or elimination is necessary and appropriate. 

(C) MERIT REVIEW.—In carrying out a research, 

development, demonstration, or commercial application program or activity that is authorized under this section, 

awards shall be made only after an impartial review of 

the scientific and technical merit of the proposals for such 

awards has been carried out by or for the Department. 

(D) REVIEW PROCESSES.—In carrying out a review 

under subparagraph (C), the Secretary may use merit 

review processes developed under section 302(14) of the 

Homeland Security Act of 2002 (6 U.S.C. 182(14)). 

(3) ELIGIBLE APPLICANTS.—An applicant is eligible to 

receive a grant under this subsection if— 

(A) the project of such applicant— 

(i) addresses a requirement in the area of cybersecurity research or cybersecurity technology, as determined by the Secretary; and 

(ii) is a joint venture between— 

(I)(aa) a for-profit business entity, academic 

institution, National Laboratory, or nonprofit 

entity in the United States; and 

(bb) a for-profit business entity, academic 

institution, or nonprofit entity in Israel; or 

(II)(aa) the Federal Government; and 

(bb) the Government of Israel; and 

(B) neither such applicant nor the project of such 

applicant pose a counterintelligence threat, as determined 

by the Director of National Intelligence. 

(4) APPLICATIONS.—To be eligible to receive a grant under 

this subsection, an applicant shall submit to the Secretary 

an application for such grant in accordance with procedures 

established by the Secretary, in consultation with the advisory 

board established under paragraph (5). 

(5) ADVISORY BOARD.— 

(A) ESTABLISHMENT.—The Secretary shall establish an 

advisory board to— 

(i) monitor the method by which grants are 

awarded under this subsection; and 

(ii) provide to the Secretary periodic performance 

reviews of actions taken to carry out this subsection. 

(B) COMPOSITION.—The advisory board established 

under subparagraph (A) shall be composed of three members, to be appointed by the Secretary, of whom— 

(i) one shall be a representative of the Federal 

Government; 

(ii) one shall be selected from a list of nominees 

provided by the United States-Israel Binational Science 

Foundation; and 

(iii) one shall be selected from a list of nominees 

provided by the United States-Israel Binational Industrial Research and Development Foundation. 


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(6) CONTRIBUTED FUNDS.—Notwithstanding section 3302 

of title 31, United States Code, the Secretary may, only to 

the extent provided in advance in appropriations Acts, accept 

or retain funds contributed by any person, government entity, 

or organization for purposes of carrying out this subsection. 

Such funds shall be available, subject to appropriation, without 

fiscal year limitation. 

(7) REPORTS.— (A) GRANT RECIPIENTS.—Not later than 180 days after 

the date of completion of a project for which a grant is 

provided under this subsection, the grant recipient shall 

submit to the Secretary a report that contains— 

(i) a description of how the grant funds were used 

by the recipient; and 

(ii) an evaluation of the level of success of each 

project funded by the grant. 

(B) SECRETARY.—Not later than one year after the 

date of the enactment of this Act and annually thereafter 

until the grant program established under this subsection 

terminates, the Secretary shall submit to the Committees 

on Homeland Security and Governmental Affairs and Foreign Relations of the Senate and the Committees on Homeland Security and Foreign Affairs of the House of Representatives a report on grants awarded and projects completed under such program. 

(8) CLASSIFICATION.—Grants shall be awarded under this 

subsection only for projects that are considered to be unclassified by both the United States and Israel. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section not less than $6,000,000 

for each of fiscal years 2022 through 2026. 

(c) DEFINITIONS.—In this section— 

(1) the term ‘‘cybersecurity research’’ means research, 

including social science research, into ways to identify, protect 

against, detect, respond to, and recover from cybersecurity 

threats; 

(2) the term ‘‘cybersecurity technology’’ means technology 

intended to identify, protect against, detect, respond to, and 

recover from cybersecurity threats; 

(3) the term ‘‘cybersecurity threat’’ has the meaning given 

such term in section 102 of the Cybersecurity Information 

Sharing Act of 2015 (6 U.S.C. 1501; enacted as title I of the 

Cybersecurity Act of 2015 (division N of the Consolidated 

Appropriations Act, 2016 (Public Law 114–113))); 

(4) the term ‘‘Department’’ means the Department of Homeland Security; 

(5) the term ‘‘National Laboratory’’ has the meaning given 

such term in section 2 of the Energy Policy Act of 2005 (42 

U.S.C. 15801); and 

(6) the term ‘‘Secretary’’ means the Secretary of Homeland 

Security. 

SEC. 1552. AUTHORITY FOR NATIONAL CYBER DIRECTOR TO ACCEPT 

DETAILS ON NONREIMBURSABLE BASIS. 

Section 1752(e) of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended— 

Evaluation. 


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(1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and indenting such subparagraphs two ems to the right; 

(2) in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking ‘‘The Director may’’ and 

inserting the following: 

‘‘(1) IN GENERAL.—The Director may’’; 

(3) in paragraph (1)— 

(A) as redesignated by paragraph (2), by redesignating 

subparagraphs (C) through (H) as subparagraphs (D) 

through (I), respectively; and 

(B) by inserting after subparagraph (B) the following 

new subparagraph: 

‘‘(C) accept officers or employees of the United States 

or members of the Armed Forces on a detail from an 

element of the intelligence community (as such term is 

defined in section 3(4) of the National Security Act of 

1947 (50 U.S.C. 3003(4))) or from another element of the 

Federal Government on a nonreimbursable basis, as jointly 

agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years;’’; and 

(4) by adding at the end the following new paragraph: 

‘‘(2) RULES OF CONSTRUCTION REGARDING DETAILS.— 

Nothing in paragraph (1)(C) may be construed as imposing 

any limitation on any other authority for reimbursable or nonreimbursable details. A nonreimbursable detail made pursuant 

to such paragraph shall not be considered an augmentation 

of the appropriations of the receiving element of the Office 

of the National Cyber Director.’’. 

TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS 

Subtitle A—Space Activities 

Sec. 1601. National security space launch program. 

Sec. 1602. Redesignation of Space Force Acquisition Council; modifications relating 

to Assistant Secretary of the Air Force for Space Acquisition and Integration. Sec. 1603. Delegation of Authorities to Space Development Agency. 

Sec. 1604. Extension and modification of Council on Oversight of the Department 

of Defense Positioning, Navigation, and Timing Enterprise. Sec. 1605. Improvements to tactically responsive space launch program. 

Sec. 1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing. Sec. 1607. Programs of record of Space Force and commercial capabilities. 

Sec. 1608. Extension and modification of certifications regarding integrated tactical 

warning and attack assessment mission of the Air Force. Sec. 1609. Classification review of programs of the Space Force. 

Sec. 1610. Report on Range of the Future initiative of the Space Force. 

Sec. 1611. Space policy review. 

Sec. 1612. Annual briefing on threats to space operations. 

Sec. 1613. National Security Council briefing on potential harmful interference to 

Global Positioning System. Sec. 1614. Non-geostationary orbit satellite constellations. 

Sec. 1615. Briefing on prototype program for multiglobal navigation satellite system receiver development. 

Subtitle B—Defense Intelligence and Intelligence-Related Activities 

Sec. 1621. Notification of certain threats to United States Armed Forces by foreign 

governments. 


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135 STAT. 2072 PUBLIC LAW 117–81—DEC. 27, 2021 

Sec. 1622. Strategy and plan to implement certain defense intelligence reforms. 

Sec. 1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense. 

Sec. 1624. Report on explosive ordnance intelligence matters. 

Subtitle C—Nuclear Forces 

Sec. 1631. Participation in United States Strategic Command strategic deterrence 

exercises. 

Sec. 1632. Modification to requirements relating to nuclear force reductions. 

Sec. 1633. Modifications to requirements relating to unilateral changes in nuclear 

weapons stockpile of the United States. 

Sec. 1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems. 

Sec. 1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe. 

Sec. 1636. Procurement authority for certain parts of the ground-based strategic 

deterrent cryptographic device. 

Sec. 1637. Capability of B–21 bomber aircraft with long-range standoff weapon. 

Sec. 1638. Mission-design series popular name for ground-based strategic deterrent. 

Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the 

United States. 

Sec. 1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise 

missile. 

Sec. 1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile. 

Sec. 1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles. 

Sec. 1643. Revised nuclear posture review. 

Sec. 1644. Review of safety, security, and reliability of nuclear weapons and related 

systems. 

Sec. 1645. Long-range standoff weapon. 

Sec. 1646. Ground-based strategic deterrent development program accountability 

matrices. 

Sec. 1647. Information regarding review of Minuteman III service life extension 

program or options for the future of the intercontinental ballistic missile 

force. 

Sec. 1648. Notification regarding intercontinental ballistic missiles of China. 

Sec. 1649. Independent review of nuclear command, control, and communications 

system. 

Sec. 1650. Review of engineering and manufacturing development contract for 

ground-based strategic deterrent program. 

Sec. 1651. Report on re-alerting long-range bombers. 

Sec. 1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements. 

Sec. 1653. Briefing on consultations with United States allies regarding Nuclear 

Posture Review. 

Subtitle D—Missile Defense Programs 

Sec. 1661. Notification of changes to non-standard acquisition and requirements 

processes and responsibilities of Missile Defense Agency. 

Sec. 1662. Limitation on Missile Defense Agency production of satellites and 

ground systems associated with operation of such satellites. 

Sec. 1663. Extension of period for transition of ballistic missile defense programs 

to military departments. 

Sec. 1664. Directed energy programs for ballistic and hypersonic missile defense. 

Sec. 1665. Guam integrated air and missile defense system. 

Sec. 1666. Missile defense radar in Hawaii. 

Sec. 1667. Certification required for Russia and China to tour certain missile defense sites. 

Sec. 1668. Next generation interceptors for missile defense of the United States 

homeland. 

Sec. 1669. Iron Dome short-range rocket defense system and Israeli cooperative 

missile defense program co-development and co-production. 

Sec. 1670. Update of study on discrimination capabilities of the ballistic missile defense system. 

Sec. 1671. Semiannual updates on meetings held by the Missile Defense Executive 

Board. 

Sec. 1672. Matters regarding Integrated Deterrence Review. 

Sec. 1673. Semiannual notifications regarding missile defense tests and costs. 

Sec. 1674. Report on senior leadership of Missile Defense Agency. 


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Sec. 1675. Independent study of roles and responsibilities of Department of Defense 

components relating to missile defense. 

Subtitle E—Other Matters 

Sec. 1681. Cooperative threat reduction funds. 

Sec. 1682. Modification to estimate of damages from Federal Communications Commission Order 20–48. 

Sec. 1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena. 

Sec. 1684. Determination on certain activities with unusually hazardous risks. 

Sec. 1685. Study by Public Interest Declassification Board relating to certain tests 

in the Marshall Islands. 

Sec. 1686. Protection of Major Range and Test Facility Base. 

Sec. 1687. Congressional Commission on the Strategic Posture of the United 

States. 

Subtitle A—Space Activities 

SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM. 

(a) DISCLOSURE OF NATIONAL SECURITY SPACE LAUNCH PROGRAM CONTRACT PRICING TERMS.— 

(1) IN GENERAL.—Chapter 135 of title 10, United States 

Code, is amended by inserting after section 2276 the following 

new section 2277: 

‘‘§ 2277. Disclosure of National Security Space Launch program contract pricing terms 

‘‘(a) IN GENERAL.—With respect to any contract awarded by 

the Secretary of the Air Force for the launch of a national security 

payload under the National Security Space Launch program, not 

later than 30 days after entering into such a contract, the Secretary 

shall submit to the congressional defense committees a description 

of the pricing terms of the contract. For those contracts that include 

the launch of assets of the National Reconnaissance Office, the 

Secretary shall also submit the pricing terms to the congressional 

intelligence committees (as defined by section 3 of the National 

Security Act of 1947 (50 U.S.C. 3003)). 

‘‘(b) COMPETITIVELY SENSITIVE TRADE SECRET DATA.—The 

congressional defense committees and the congressional intelligence 

committees shall— 

‘‘(1) treat a description of pricing terms submitted under 

subsection (a) as competitively sensitive trade secret data; and 

‘‘(2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality 

of the description. 

‘‘(c) RULE OF CONSTRUCTION.—For purposes of section 1905 

of title 18, a disclosure of contract pricing terms under subsection 

(a) shall be construed as a disclosure authorized by law.’’. 

(2) CONFORMING AMENDMENT.—The table of sections at 

the beginning of such chapter is amended by inserting after 

the item relating to section 2276 the following new item: 

‘‘2277. Disclosure of National Security Space Launch program contract pricing 

terms.’’. 

(b) POLICY.—With respect to entering into contracts for launch 

services during the period beginning on the date of the enactment 

of this Act and ending September 30, 2024, it shall be the policy 

of the Department of Defense and the National Reconnaissance 

Office to— 

Time period. 

10 USC 2276 

note. 

10 USC 2271 

prec. 

10 USC 2277. 


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(1) use the National Security Space Launch program to 

the extent practical to procure launch services only from launch 

service providers that can meet Federal requirements with 

respect to delivering required payloads to reference orbits covered under the requirements of phase two; and 

(2) maximize continuous competition for launch services 

as the Space Force initiates planning for phase three, specifically for those technology areas that are unique to existing 

and emerging national security requirements. 

(c) NOTIFICATION.—If the Secretary of Defense or the Director 

of the National Reconnaissance Office determines that a program 

requiring launch services that could be met using phase two contracts will instead use an alternative launch procurement approach, 

not later than seven days after the date of such determination, 

the Secretary of Defense or, as appropriate, the Director of National 

Intelligence, shall submit to the appropriate congressional committees— 

(1) a notification of such determination; 

(2) a certification that the alternative launch procurement 

approach is in the national security interest of the United 

States; and 

(3) an outline of the cost analysis and any other rationale 

for such determination. 

(d) REPORT.— 

(1) REQUIREMENT.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense, in 

coordination with the Chief of Space Operations and the 

Director of the Space Development Agency, and in consultation 

with the Director of National Intelligence (including with 

respect to the views of the Director of the National Reconnaissance Office), shall submit to the appropriate congressional 

committees a report on the emerging launch requirements in 

the areas of space access, mobility, and logistics that will not 

be met by phase two capabilities. 

(2) ELEMENTS.—The report under paragraph (1) shall 

include the following: 

(A) An examination of potential benefits of competing 

one or more launches that are outside of phase two capabilities, focused on accelerating the rapid development and 

on-orbit deployment of enabling and transformational technologies required to address any emerging requirements, 

including with respect to— 

(i) delivery of in-space transportation, logistics, and 

on-orbit servicing capabilities to enhance the persistence, sensitivity, and resiliency of national security 

space missions in a contested space environment; 

(ii) routine access to extended orbits beyond geostationary orbits, including cislunar orbits; 

(iii) greater cislunar awareness capabilities; 

(iv) vertical integration and standardized payload 

mating; 

(v) increased responsiveness for heavy lift capability; 

(vi) the ability to transfer orbits, including pointto-point orbital transfers; 

(vii) capacity and capability to execute secondary 

deployments; 

Determination. 


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(viii) high-performance upper stages; and 

(ix) other new missions that are outside the parameters of the nine design reference missions that exist 

as of the date of the enactment of this Act. 

(B) A description of how competing space access, 

mobility, and logistics launches could aid in establishing 

a new acquisition framework to— 

(i) promote the potential for additional open and 

sustainable competition for phase three; and 

(ii) re-examine the balance of mission assurance 

versus risk tolerance to reflect new resilient spacecraft 

architectures and reduce workload on the Federal 

Government and industry to perform mission assurance where appropriate. 

(C) An analysis of how the matters under subparagraphs (A) and (B) may help continue to reduce the cost 

per launch of national security payloads. 

(D) An examination of the effects to the National Security Space Launch program if contracted launch providers 

cannot meet all phase two requirements, including with 

respect to— 

(i) the effects to national security launch resiliency; 

and 

(ii) the cost effects of a launch market that lacks 

full competition. 

(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified 

appendix. 

(4) BRIEFING.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary, in consultation with 

the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the report under 

paragraph (1). 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; and 

(B) the Permanent Select Committee on Intelligence 

of the House of Representatives and the Select Committee 

on Intelligence of the Senate. 

(2) The term ‘‘phase three’’ means, with respect to the 

National Security Space Launch program, launch missions 

ordered under the program after fiscal year 2024. 

(3) The term ‘‘phase two’’ means, with respect to the 

National Security Space Launch program, launch missions 

ordered under the program during fiscal years 2020 through 

2024. 

SEC. 1602. REDESIGNATION OF SPACE FORCE ACQUISITION COUNCIL; 

MODIFICATIONS RELATING TO ASSISTANT SECRETARY OF 

THE AIR FORCE FOR SPACE ACQUISITION AND INTEGRATION. 

(a) MODIFICATIONS TO SPACE FORCE ACQUISITION COUNCIL.— 

(1) DESIGNATION.—Section 9021 of title 10, United States 

Code, is amended— 

(A) in the section heading, by striking ‘‘FORCE’’; 

10 USC 2276 

note. 

Deadline. 

Analysis. 


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(B) in subsection (a), by striking ‘‘Space Force Acquisition Council’’ and inserting ‘‘Space Acquisition Council’’; 

and 

(C) in subsection (c), by striking ‘‘of the Air Force 

for space systems and programs’’ and inserting ‘‘space systems and programs of the armed forces’’. 

(2) CONFORMING AMENDMENT.—Section 9016(b)(6)(B)(ii) of 

title 10, United States Code, is amended by striking ‘‘Space 

Force Acquisition Council’’ and inserting ‘‘Space Acquisition 

Council’’. 

(3) CLERICAL AMENDMENT.—The table of sections for 

chapter 903 of title 10, United States Code, is amended by 

striking the item relating to section 9021 and inserting the 

following new item: 

‘‘9021. Space Acquisition Council.’’. 

(4) REFERENCES.—Any reference to the Space Force 

Acquisition Council in any law, regulation, map, document, 

record, or other paper of the United States shall be deemed 

to be a reference to the Space Acquisition Council. 

(b) MODIFICATIONS RELATING TO THE ASSISTANT SECRETARY

OF THE AIR FORCE FOR SPACE ACQUISITION AND INTEGRATION.— (1) SPACE FORCE ACQUISITION COUNCIL REVIEW AND CERTIFI- CATION OF DETERMINATIONS OF THE ASSISTANT SECRETARY OF

THE AIR FORCE FOR SPACE ACQUISITION AND INTEGRATION.— Section 9021(c) of title 10, United States Code, as amended 

by subsection (a), is further amended— 

(A) by striking ‘‘The Council’’ and inserting ‘‘(1) The 

Council’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2)(A) The Council shall promptly— 

‘‘(i) review any determination made by the Assistant Secretary of the Air Force for Space Acquisition and Integration 

with respect to architecture for the space systems and programs 

of the armed forces under section 9016(b)(6)(B)(i) of this title, 

including the requirements for operating such space systems 

or programs; and 

‘‘(ii) either— 

‘‘(I) if the Council finds such a determination to be 

warranted, certify the determination; or 

‘‘(II) if the Council finds such a determination not 

to be warranted, decline to certify the determination. 

‘‘(B) Not later than 10 business days after the date on which 

the Council makes a finding with respect to a certification under 

subparagraph (A), the Council shall submit to the congressional 

defense committees a notification of the finding, including a detailed 

justification for the finding. 

‘‘(C) Except as provided in subparagraph (D), the Assistant 

Secretary of the Air Force for Space Acquisition and Integration 

may not take any action to implement a determination referred 

to in subparagraph (A)(i) until 30 days has elapsed following the 

date on which the Council submits the notification under subparagraph (B). 

‘‘(D)(i) The Secretary of Defense may waive subparagraph (C) 

in the event of an urgent national security requirement. 

‘‘(ii) The Secretary of Defense shall submit to the congressional 

defense committees a notification of any waiver granted under 

clause (i), including a justification for the waiver.’’. 

Notification. 

Deadline. 

10 USC 9021 

note. 

10 USC 9011 

prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2077 

(2) DEPARTMENT OF DEFENSE SPACE SYSTEMS AND PRO- GRAMS.—Clause (i) of section 9016(b)(6)(B) of title 10, United 

States Code, is amended to read as follows: 

‘‘(i) Be responsible for and oversee all architecture and 

integration with respect to the acquisition of the space systems 

and programs of the armed forces, including in support of 

the Chief of Space Operations under section 9082 of this title.’’. 

(3) TRANSFER OF ACQUISITION PROJECTS FOR SPACE SYSTEMS

AND PROGRAMS.—Section 956(b)(3) of the National Defense 

Authorization Act for Fiscal Year 2020 (Public Law 116–92; 

133 Stat. 1566; 10 U.S.C. 9016 note) is amended by striking 

‘‘of the Air Force’’ and inserting ‘‘of the Armed Forces’’. 

(4) DESIGNATION OF FORCE DESIGN ARCHITECT FOR DEPART- MENT OF DEFENSE SPACE SYSTEMS.—Not later than 90 days 

after the date of the enactment of this Act, the Secretary 

of Defense shall— 

(A) designate the Chief of Space Operations the force 

design architect for space systems of the Armed Forces; 

and 

(B) submit to the congressional defense committees 

a certification of such designation. 

SEC. 1603. DELEGATION OF AUTHORITIES TO SPACE DEVELOPMENT 

AGENCY. 

Section 9086 of title 10, United States Code, as redesignated 

by section 1081, is amended by adding at the end the following 

new subsection: 

‘‘(d) DELEGATION OF AUTHORITIES.—(1) With respect to tranche 

0 capabilities and tranche 1 capabilities, to the extent practicable, 

the Secretary of the Air Force, acting through the Service Acquisition Executive for Space Systems and Programs, shall ensure the 

delegation to the Agency of— 

‘‘(A) head of contracting authority; and 

‘‘(B) milestone decision authority for the middle tier of 

acquisition programs. 

‘‘(2)(A) The Service Acquisition Executive for Space Systems 

and Programs may rescind the delegation of authority under paragraph (1) for cause or on a case-by-case basis. 

‘‘(B) Not later than 30 days after the date of a rescission 

under subparagraph (A), the Secretary of the Air Force shall notify 

the congressional defense committees of such rescission. 

‘‘(3) In this subsection: 

‘‘(A) The term ‘tranche 0 capabilities’ means capabilities 

relating to transport, battle management, tracking, custody, 

navigation, deterrence, and support, that are intended to be 

achieved by September 30, 2022. 

‘‘(B) The term ‘tranche 1 capabilities’ means capabilities 

relating to transport, battle management, tracking, custody, 

navigation, deterrence, and support, that are intended to be 

achieved by September 30, 2024.’’. 

SEC. 1604. EXTENSION AND MODIFICATION OF COUNCIL ON OVERSIGHT OF THE DEPARTMENT OF DEFENSE POSITIONING, 

NAVIGATION, AND TIMING ENTERPRISE. 

Section 2279b of title 10, United States Code, is amended— 

(1) in subsection (d)(2)— 

(A) by redesignating subparagraphs (D) and (E) as 

subparagraphs (E) and (F), respectively; and 

Deadline. 

Notification. 

Deadline. 

10 USC 9082 

note. 


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135 STAT. 2078 PUBLIC LAW 117–81—DEC. 27, 2021 

(B) by inserting after subparagraph (C) the following 

new subparagraph (D): 

‘‘(D) Alternative methods to perform position navigation 

and timing.’’; and 

(2) in subsection (h), by striking ‘‘National Defense 

Authorization Act for Fiscal Year 2016’’ and inserting ‘‘National 

Defense Authorization Act for Fiscal Year 2022’’. 

SEC. 1605. IMPROVEMENTS TO TACTICALLY RESPONSIVE SPACE 

LAUNCH PROGRAM. 

Section 1609 of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283; 134 Stat. 4048) is amended— 

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(a) PROGRAM.—The Secretary’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) SUPPORT.— 

‘‘(1) ELEMENTS.—The Secretary of Defense, in consultation 

with the Director of National Intelligence, shall support the 

tactically responsive launch program under subsection (a) 

during the period covered by the future-years defense program 

submitted to Congress under section 221 of title 10, United 

States Code, in 2022 to ensure that the program addresses 

the following: 

‘‘(A) The ability to rapidly place on-orbit systems to 

respond to urgent needs of the commanders of the combatant commands or to reconstitute space assets and capabilities to support national security priorities if such assets 

and capabilities are degraded, attacked, or otherwise 

impaired, including such assets and capabilities relating 

to protected communications and intelligence, surveillance, 

and reconnaissance. 

‘‘(B) The entire launch process, including with respect 

to launch services, satellite bus and payload availability, 

and operations and sustainment on-orbit. 

‘‘(2) PLAN.—As a part of the defense budget materials (as 

defined in section 239 of title 10, United States Code) for 

fiscal year 2023, the Secretary of Defense, in consultation with 

the Director of National Intelligence, shall submit to Congress 

a plan for the tactically responsive launch program to address 

the elements under paragraph (1). Such plan shall include 

the following: 

‘‘(A) Lessons learned from the Space Safari tactically 

responsive launch-2 mission of the Space Systems Command of the Space Force, and how to incorporate such 

lessons into future efforts regarding tactically responsive 

launches. 

‘‘(B) How to achieve responsive acquisition timelines 

within the adaptive acquisition framework for space 

acquisition pursuant to section 807. 

‘‘(C) Plans to address supply chain issues and leverage 

commercial capabilities to support future reconstitution and 

urgent space requirements leveraging the tactically responsive launch program under subsection (a).’’. 

Consultation. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2079 

SEC. 1606. CLARIFICATION OF DOMESTIC SERVICES AND CAPABILITIES 

IN LEVERAGING COMMERCIAL SATELLITE REMOTE 

SENSING. 

Section 1612(c) of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283; 10 U.S.C. 441 note) is amended— 

(1) by redesignating paragraph (4) as paragraph (5); and 

(2) by inserting after paragraph (3) the following new paragraph (4): 

‘‘(4) The term ‘domestic’ includes, with respect to commercial capabilities or services covered by this section, capabilities 

or services provided by companies that operate in the United 

States and have active mitigation agreements pursuant to the 

National Industrial Security Program, unless the Director of 

the National Reconnaissance Office or the Director of the 

National Geospatial-Intelligence Agency submits to the appropriate congressional committees a written determination that 

excluding such companies is warranted on the basis of national 

security or strategic policy needs.’’. 

SEC. 1607. PROGRAMS OF RECORD OF SPACE FORCE AND COMMERCIAL CAPABILITIES. 

(a) SERVICE ACQUISITION EXECUTIVE FOR SPACE SYSTEMS AND

PROGRAMS.—Section 957(c) of the National Defense Authorization 

Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 

note) is amended by adding at the end the following new paragraph: 

‘‘(5) PROGRAMS OF RECORD AND COMMERCIAL CAPABILITIES.—Prior to establishing a program of record, the Service 

Acquisition Executive for Space Systems and Programs shall 

determine whether existing or planned commercially available 

capabilities could meet all or a portion of the requirements 

for that proposed program. Not later than 30 days after the 

date on which the Service Acquisition Executive makes such 

a positive determination, the Service Acquisition Executive 

shall submit to the congressional defense committees a notification of the results of the determination.’’. 

(b) LIMITATION.— 

(1) IN GENERAL.—Except as provided by paragraph (2), 

the Secretary of Defense may not rely solely on the use of 

commercial satellite services and associated systems to carry 

out operational requirements, including command and control 

requirements, targeting requirements, or other requirements 

that are necessary to execute strategic and tactical operations. 

(2) MITIGATION MEASURES.—The Secretary may rely solely 

on the use of commercial satellite services and associated systems to carry out an operational requirement described in 

paragraph (1) if the Secretary has taken measures to mitigate 

the vulnerability of any such requirement. 

(c) BRIEFINGS.— 

(1) REQUIREMENT.—Not less frequently than quarterly 

through fiscal year 2025, the Secretary shall provide to the 

congressional defense committees a briefing on the use and 

extent of the reliance of the Department of Defense on commercial satellite services and associated systems to provide capability and additional capacity across the Department. 

(2) ELEMENTS.—Each briefing under paragraph (1) shall 

include the following for the preceding quarter: 

Time period. 

10 USC 2271 

note. 


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135 STAT. 2080 PUBLIC LAW 117–81—DEC. 27, 2021 

(A) A summary of commercial data and services used 

to fulfill requirements of the Department or to augment 

the systems and capabilities of the Department. 

(B) An assessment of any reliance on, and the resulting 

vulnerabilities of, such data and services. 

(C) An analysis of potential measures to mitigate such 

vulnerabilities. 

(D) A description of mitigation measures taken by the 

Secretary under subsection (b)(2). 

(d) STUDY.—The Secretary of the Air Force shall seek to enter 

into an agreement with a federally funded research and development center that is not closely affiliated with the Air Force or 

the Space Force to conduct a study on— 

(1) the extent of commercial support of, and integration 

into, the space operations of the Armed Forces; and 

(2) measures to ensure that such operations, particularly 

operations that are mission critical, continue to be carried 

out in the most effective manner possible during a time of 

conflict. 

SEC. 1608. EXTENSION AND MODIFICATION OF CERTIFICATIONS 

REGARDING INTEGRATED TACTICAL WARNING AND 

ATTACK ASSESSMENT MISSION OF THE AIR FORCE. 

Section 1666 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 113 Stat. 2617), as amended 

by section 1604 of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283), is further amended— 

(1) in the section heading, by striking ‘‘THE AIR FORCE’’ 

and inserting ‘‘THE DEPARTMENT OF THE AIR FORCE’’; 

(2) in subsection (a)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘each year thereafter through 2020’’ 

and inserting ‘‘each year thereafter through 2026’’; and 

(ii) by inserting ‘‘, in consultation with the Commander of the United States Strategic Command and 

the Commander of the United States Northern Command,’’ after ‘‘the Commander of the United States 

Space Command’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘the Air Force is’’ and inserting 

‘‘the Department of the Air Force is’’; and 

(ii) by inserting ‘‘and the Space Force’’ after ‘‘to 

the Air Force’’; and 

(C) in paragraph (2), by striking ‘‘the Air Force’’ and 

inserting ‘‘the Department of the Air Force’’; and 

(3) in subsection (b)— 

(A) by inserting ‘‘of the United States Space Command’’ 

after ‘‘Commander’’; 

(B) by striking ‘‘system of the Air Force’’ and inserting 

‘‘system of the Department of the Air Force’’; 

(C) by striking ‘‘command of the Air Force’’ and 

inserting ‘‘command of the Department of the Air Force’’; 

and 

(D) by striking ‘‘aspects of the Air Force’’ and inserting 

‘‘aspects of the Department of the Air Force’’. 

Assessment. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2081 

SEC. 1609. CLASSIFICATION REVIEW OF PROGRAMS OF THE SPACE 

FORCE. 

(a) CLASSIFICATION REVIEW.—The Secretary of Defense shall— 

(1) not later than 120 days after the date of the enactment 

of this Act, conduct a review of each classified program managed 

under the authority of the Space Force to determine whether— 

(A) the level of classification of the program could 

be changed to a lower level; or 

(B) the program could be declassified; and 

(2) not later than 90 days after the date on which the 

Secretary completes such review, commence the change to the 

classification level or the declassification as determined in such 

review. 

(b) COORDINATION.—The Secretary shall carry out the review 

under subsection (a)(1) in coordination with the Assistant Secretary 

of Defense for Space Policy and, as the Secretary determines appropriate, the heads of other elements of the Department of Defense. 

(c) REPORT.—Not later than 60 days after the date on which 

the Secretary completes the review under subsection (a)(1), the 

Secretary, in coordination with the Assistant Secretary of Defense 

for Space Policy, shall submit to the congressional defense committees a report identifying each program managed under the authority 

of the Space Force covered by a determination regarding changing 

the classification level of the program or declassifying the program, 

including— 

(1) the timeline for implementing such change or declassification; and 

(2) any risks that exist in implementing such change or 

declassification. 

SEC. 1610. REPORT ON RANGE OF THE FUTURE INITIATIVE OF THE 

SPACE FORCE. 

Not later than 90 days after the date of the enactment of 

this Act, the Chief of Space Operations shall submit to the congressional defense committees a report containing the following: 

(1) A detailed plan to carry out the Space Force ‘‘Range 

of the Future’’ initiative, including the estimated funding 

required to implement the plan. 

(2) Identification of any specific authorities the Chief determines need to be modified by law to improve the ability of 

the Space Force to address long-term challenges to the physical 

infrastructure at the launch ranges of the Space Force, and 

an explanation for why such modified authorities are needed. 

(3) Any additional proposals that would support improved 

infrastructure at the launch ranges of the Space Force, 

including recommendations for legislative action to carry out 

such proposals. 

SEC. 1611. SPACE POLICY REVIEW. 

(a) IN GENERAL.—The Secretary of Defense, in consultation 

with the Director of National Intelligence, shall carry out a review 

of the space policy of the Department of Defense. 

(b) ELEMENTS.—The review under subsection (a) shall include 

the following: 

(1) With respect to the five-year period following the date 

of the review, an assessment of the threat to the space operations of the United States and the allies of the United States. 

Time period. 

Assessments. 

Consultation. 

Plan. 

Determination. 

Deadline. 

Deadline. 

10 USC 2271 

note. 


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135 STAT. 2082 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) An assessment of the national security objectives of 

the Department relating to space. 

(3) An evaluation of the policy changes and funding necessary to accomplish such objectives during such five-year 

period. 

(4) An assessment of the policy of the Department with 

respect to deterring, responding to, and countering threats to 

the space operations of the United States and the allies of 

the United States. 

(5) An analysis of such policy with respect to normative 

behaviors in space, including the commercial use of space. 

(6) An analysis of the extent to which such policy is coordinated with other ongoing policy reviews, including reviews 

regarding nuclear, missile defense, and cyber operations. 

(7) A description of the organization and space doctrine 

of the Department to carry out the space policy of the Department. 

(8) An assessment of the space systems and architectures 

to implement such space policy. 

(9) Any other matters the Secretary considers appropriate. 

(c) REPORT.— 

(1) REQUIREMENT.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary, in consultation 

with the Director, shall submit to the appropriate congressional 

committees a report on the results of the review under subsection (a). 

(2) ANNUAL UPDATES.—Concurrent with the submission to 

Congress of the budget of the President for each of fiscal years 

2024 through 2026 pursuant to section 1105(a) of title 31, 

United States Code, and more frequently during such period 

as the Secretary determines appropriate, the Secretary, in consultation with the Director, shall submit to the appropriate 

congressional committees a report describing any update to 

the assessments, analyses, and evaluations carried out pursuant to such review. 

(3) FORM.—Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Science, Space, and Technology and 

the Permanent Select Committee on Intelligence of the House 

of Representatives. 

(3) The Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate. 

SEC. 1612. ANNUAL BRIEFING ON THREATS TO SPACE OPERATIONS. 

(a) REQUIREMENT.—Not later than February 28 each year 

through 2026, the Chief of Space Operations, in consultation with 

the Commander of the United States Space Command and the 

Director of National Intelligence, shall provide to the appropriate 

congressional committees a briefing on the threats to the space 

operations of the United States posed by Russia, China, and any 

other country relevant to the conduct of such operations. 

(b) ELEMENTS.—Each briefing under subsection (a) shall include 

the following: 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2083 

(1) A review of the current posture of threats described 

in such subsection and anticipated advances in such threats 

over the subsequent five-year period. 

(2) A description of potential measures to counter such 

threats. 

(c) DISTRIBUTION OF BRIEFING.—On or about the same day 

as the Chief of Space Operations provides to the appropriate 

congressional committees a briefing under subsection (a), the Chief 

shall also provide to the National Space Council, the Secretary 

of Commerce, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration the 

briefing at the highest level of classification possible. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committees on Armed Services, Energy and Commerce, Transportation and Infrastructure, and Science, Space, 

and Technology, and the Permanent Select Committee on Intelligence of the House of Representatives; and 

(2) the Committees on Armed Services and Commerce, 

Science, and Transportation, and the Select Committee on Intelligence of the Senate. 

SEC. 1613. NATIONAL SECURITY COUNCIL BRIEFING ON POTENTIAL 

HARMFUL INTERFERENCE TO GLOBAL POSITIONING 

SYSTEM. 

(a) REQUIREMENT.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary of Defense shall provide 

to the National Security Council, the Secretary of Commerce, and 

the Commissioners of the Federal Communications Commission 

a briefing at the highest level of classification on the current assessment of the Department of Defense, as of the date of the briefing, 

regarding the potential for harmful interference to the Global Positioning System, mobile satellite services, or other tactical or strategic systems of the Department of Defense, from commercial terrestrial operations and mobile satellite services using the 1525–1559 

megahertz band and the 1626.5–1660.5 megahertz band. 

(b) MATTERS INCLUDED.—The briefing under subsection (a) shall 

include— 

(1) potential operational impacts that have been studied 

within the megahertz bands specified in such subsection; and 

(2) impacts that could be mitigated, if any, including how 

such mitigations could be implemented. 

(c) CONGRESSIONAL BRIEFING.—Not later than seven days after 

the date on which the Secretary provides the briefing under subsection (a), the Secretary shall provide to the appropriate congressional committees such briefing. 

(d) INDEPENDENT TECHNICAL REVIEW.—The Secretary shall 

carry out subsections (a) and (c) regardless of whether the independent technical review conducted pursuant to section 1663 of 

the William M. (Mac) Thornberry National Defense Authorization 

Act for Fiscal Year 2021 (Public Law 116–283) has been completed. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

Deadline. 

Deadline. 


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135 STAT. 2084 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) the Committee on Energy and Commerce of the House 

of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate. 

SEC. 1614. NON-GEOSTATIONARY ORBIT SATELLITE CONSTELLATIONS. 

(a) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense, in consultation 

with the Secretaries of the military departments and the heads 

of the Defense Agencies, shall submit to the congressional defense 

committees a report on current commercial satellite communication 

initiatives, including with respect to new non-geostationary orbit 

satellite technologies that the Department of Defense has employed 

to increase satellite communication throughput to existing platforms 

of the military departments currently constrained by legacy 

capabilities. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) A potential investment strategy concerning how to 

operationalize commercial satellite communication capabilities 

using non-geostationary orbit satellites across each of the military departments, including— 

(A) requisite funding required to adequately prioritize 

and accelerate the integration of such capabilities into the 

warfighting systems of the departments; and 

(B) future-year spending projections for such efforts 

that align with other satellite communication investments 

of the Department of Defense. 

(2) An integrated satellite communications reference 

architecture roadmap for the Department of Defense to achieve 

a resilient, secure network for operationalizing commercial satellite communication capabilities, including through the use 

of non-geostationary orbit satellites, across the Department 

that is capable of leveraging multi-band and multi-orbit 

architectures, including requirements that enable maximum 

use of commercially available technologies. 

SEC. 1615. BRIEFING ON PROTOTYPE PROGRAM FOR MULTIGLOBAL 

NAVIGATION SATELLITE SYSTEM RECEIVER DEVELOPMENT. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the implementation of the 

program required under section 1607 of the National Defense 

Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 

Stat. 1724), including with respect to addressing each element 

specified in subsection (b) of such section. 

Subtitle B—Defense Intelligence and 

Intelligence-Related Activities 

SEC. 1621. NOTIFICATION OF CERTAIN THREATS TO UNITED STATES 

ARMED FORCES BY FOREIGN GOVERNMENTS. 

(a) DETERMINATION THAT FOREIGN GOVERNMENT INTENDS TO

CAUSE THE DEATH OF OR SERIOUS BODILY INJURY TO MEMBERS

OF THE ARMED FORCES.—The Secretary of Defense shall carry out 

the notification requirement under subsection (b) whenever the 

Consultation. 

10 USC 421 note 

prec. 

Deadline. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2085 

Secretary, in consultation with the Director of National Intelligence, 

determines with high confidence that, on or after the date of the 

enactment of this Act, an official of a foreign government has 

taken a substantial step that is intended to cause the death of, 

or serious bodily injury to, any member of the United States Armed 

Forces, whether through direct means or indirect means, including 

through a promise or agreement by the foreign government to 

pay anything of pecuniary value to an individual or organization 

in exchange for causing such death or serious bodily injury. 

(b) NOTICE TO CONGRESS.— 

(1) NOTIFICATION.—Except as provided by paragraph (2), 

not later than 14 days after making a determination under 

subsection (a), the Secretary shall notify the congressional 

defense committees of such determination. Such notification 

shall include, at a minimum, the following: 

(A) A description of the nature and extent of the effort 

by the foreign government to target members of the United 

States Armed Forces. 

(B) An assessment of what specific officials, agents, 

entities, and departments within the foreign government 

authorized the effort. 

(C) An assessment of the motivations of the foreign 

government for undertaking such an effort. 

(D) An assessment of whether the effort of the foreign 

government was a substantial factor in the death or serious 

bodily injury of any member of the United States Armed 

Forces. 

(E) Any other information the Secretary determines 

appropriate. 

(2) WAIVER.—On a case-by-case basis, the Secretary may 

waive the notification requirement under paragraph (1) if the 

Secretary— 

(A) determines that the waiver is in the national security interests of the United States; and 

(B) submits to the congressional defense committees 

a written justification of such determination. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘anything of pecuniary value’’ has the meaning 

given that term in section 1958(b)(1) of title 18, United States 

Code. 

(2) The term ‘‘determines with high confidence’’— 

(A) means that the official making the determination— 

(i) has concluded that the judgments in the determination are based on sound analytic argumentation 

and high-quality, consistent reporting from multiple 

sources, including through clandestinely obtained documents, clandestine and open source reporting, and indepth expertise; 

(ii) with respect to such judgments, has concluded 

that the intelligence community has few intelligence 

gaps and few assumptions underlying the analytic line 

and that the intelligence community has concluded 

that the potential for deception is low; and 

(iii) has examined long-standing analytic judgments and considered alternatives in making the determination; but 

Determination. 

Determination. 

Deadline. 

Determination. 

Assessments. 


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135 STAT. 2086 PUBLIC LAW 117–81—DEC. 27, 2021 

(B) does not mean that the official making the determination has concluded that the judgments in the determination are fact or certainty. 

(3) The term ‘‘direct means’’ means without the use of 

intermediaries. 

(4) The term ‘‘foreign government’’ means the government 

of a foreign country with which the United States is at peace. 

(5) The term ‘‘indirect means’’ means through, or with 

the assistance of, intermediaries. 

SEC. 1622. STRATEGY AND PLAN TO IMPLEMENT CERTAIN DEFENSE 

INTELLIGENCE REFORMS. 

(a) STRATEGY AND PLAN.—The Secretary of Defense, in 

coordination with the Director of National Intelligence, shall develop 

and implement a strategy and plan to enable the Defense Intelligence Enterprise to more effectively fulfill the intelligence and 

information requirements of the commanders of the combatant commands with respect to efforts by the combatant commands to expose 

and counter foreign malign influence, coercion, and subversion 

activities undertaken by, or at the direction, on behalf, or with 

substantial support of the governments of, covered foreign countries. 

(b) MATTERS INCLUDED IN PLAN.—The plan under subsection 

(a) shall include the following: 

(1) A plan to improve policies and procedures of the Defense 

Intelligence Enterprise to assemble and release facts about 

the foreign malign influence, coercion, and subversion activities 

of a covered foreign country described in such subsection in 

a timely way and in forms that allow for greater distribution 

and release. 

(2) A plan to develop and publish validated priority intelligence requirements of the commanders of the combatant commands. 

(3) A plan to better leverage open-source and commercially 

available information and independent analyses to support the 

efforts by the combatant commands described in such subsection. 

(4) A review by each element of the Defense Intelligence 

Enterprise of the approaches used by that element— 

(A) with respect to intelligence that has not been processed or analyzed, to separate out data from the sources 

and methods by which the data is obtained (commonly 

known as ‘‘tearlining’’); and 

(B) with respect to finished intelligence products that 

relate to foreign malign influence, coercion, and subversion 

activities of a covered foreign country described in such 

subsection, to downgrade the classification level of the 

product. 

(6) An identification of any additional resources or legislative authority necessary to better meet the intelligence and 

information requirements described in such subsection. 

(7) An assignment of responsibilities and timelines for the 

implementation of the plans described in paragraphs (1), (2), 

and (3). 

(8) Any other matters the Secretary determines relevant. 

(c) SUBMISSION.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense, in coordination 

with the Director of National Intelligence, shall submit to the 

Deadline. 

10 USC 421 note 

prec. 


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appropriate congressional committees and the Comptroller General 

of the United States the plan developed under subsection (a). 

(d) COMPTROLLER GENERAL REVIEW.— 

(1) REQUIREMENT.—The Comptroller General shall conduct 

a review of— 

(A) the plan submitted under subsection (c); and 

(B) the activities and future plans of the Defense Intelligence Enterprise for meeting the intelligence and information requirements described in subsection (a). 

(2) ELEMENTS.—The review under paragraph (1) shall 

include the following: 

(A) The extent to which the plan submitted under 

subsection (c) includes the elements identified in subsection 

(b). 

(B) The extent to which the Defense Intelligence Enterprise has clearly assigned roles, responsibilities, and processes for fulfilling the intelligence and information requirements described in subsection (a). 

(C) The extent to which the Defense Intelligence Enterprise is planning to obtain additional capabilities and 

resources to improve the quality and timeliness of intelligence and information provided to the commanders of 

the combatant commands to aid in the efforts described 

in subsection (a). 

(D) The extent to which the Defense Intelligence Enterprise is identifying, obtaining, and using commercial and 

publicly available information to aid in such efforts. 

(E) Any other related issues that the Comptroller General determines appropriate. 

(3) BRIEFING AND REPORT.—Not later than 120 days after 

the date on which the Comptroller General receives the plan 

under subsection (c), the Comptroller General shall provide 

to the appropriate congressional committees a briefing on any 

initial findings about the plan. After such briefing, the Comptroller General shall submit to the committees a report on 

the plan at a date mutually agreed upon by the Comptroller 

General and the committees. 

(e) CONGRESSIONAL BRIEFING.—Not later than 90 days after 

the date of the enactment of this Act, and annually thereafter 

through December 31, 2026, the Secretary, in coordination with 

the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the strategy and 

plan under subsection (a). 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the following: 

(A) The congressional defense committees. 

(B) The Permanent Select Committee on Intelligence 

of the House of Representatives and the Select Committee 

on Intelligence of the Senate. 

(2) The term ‘‘covered foreign country’’ means any of the 

following: 

(A) The People’s Republic of China. 

(B) The Russian Federation. 

(C) The Islamic Republic of Iran. 

(D) The Democratic People’s Republic of Korea. 

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(E) Any other foreign country the Secretary of Defense 

and the Director of National Intelligence determine appropriate. 

(3) The term ‘‘Defense Intelligence Enterprise’’ has the 

meaning given that term in section 426(b)(4) of title 10, United 

States Code. 

SEC. 1623. ANNUAL BRIEFING BY DIRECTOR OF THE DEFENSE INTELLIGENCE AGENCY ON ELECTRONIC WARFARE THREAT TO 

OPERATIONS OF THE DEPARTMENT OF DEFENSE. 

(a) REQUIREMENT.—Not later than March 31, 2022, and 

annually thereafter through 2026, the Director of the Defense Intelligence Agency shall provide the congressional defense committees, 

the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the electronic warfare threat to operations of 

the Department of Defense by Russia, China, and other countries 

relevant to the conduct of such operations. 

(b) CONTENTS.—Each briefing provided under subsection (a) 

shall include a review of the following: 

(1) Current electronic warfare capabilities of the armed 

forces of Russia, the armed forces of China, and the armed 

forces of such other countries as the Director considers appropriate. 

(2) With respect to the five-year period beginning after 

the date of the briefing, an estimate of— 

(A) advances in electronic warfare threats to the operations of the Department from the countries referred to 

in paragraph (1); and 

(B) the order of battle for Russia, China, and each 

other country the Secretary considers appropriate. 

SEC. 1624. REPORT ON EXPLOSIVE ORDNANCE INTELLIGENCE MATTERS. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report on the feasibility and advisability 

of— 

(1) designating the Director of the Defense Intelligence 

Agency as the executive agent for explosive ordnance intelligence; and 

(2) including in the responsibilities of the Director of the 

Defense Intelligence Agency pursuant to section 105 of the 

National Security Act of 1947 (50 U.S.C. 3038) explosive ordnance intelligence, including with respect to the processing, 

production, dissemination, integration, exploitation, evaluation, 

feedback, and analysis of explosive ordnance using the skills, 

techniques, principles, and knowledge of explosive ordnance 

disposal personnel regarding fuzing, firing systems, ordnance 

disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2089 

Subtitle C—Nuclear Forces 

SEC. 1631. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND 

STRATEGIC DETERRENCE EXERCISES. 

Chapter 24 of title 10, United States Code, is amended by 

adding at the end the following new section (and conforming the 

table of sections at the beginning of such chapter accordingly): 

‘‘SEC. 499b. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND 

STRATEGIC DETERRENCE EXERCISES. 

‘‘(a) PARTICIPATION.—In the case of annual strategic deterrence 

exercises held by the United States Strategic Command during 

fiscal years 2022 through 2032— 

‘‘(1) the Assistant to the President for National Security 

Affairs is encouraged to participate in each such exercise that 

occurs during an even-numbered year; 

‘‘(2) the Deputy Assistant to the President for National 

Security Affairs is encouraged to participate in each such exercise that occurs during an odd-numbered year; 

‘‘(3) the Under Secretary of Defense for Policy shall participate, in whole or in part, in each such exercise; 

‘‘(4) the Vice Chairman of the Joint Chiefs of Staff shall 

participate, in whole or in part, in each such exercise; 

‘‘(5) appropriate senior staff of the Executive Office of the 

President or appropriate organizations supporting the White 

House relating to continuity of government activities are 

encouraged to participate in each such exercise; 

‘‘(6) appropriate general or flag officers of the military 

departments, and appropriate employees of Federal agencies 

in Senior Executive Service positions (as defined in section 

3132 of title 5), shall participate, in whole or in part, in each 

such exercise, to provide relevant expertise to the Assistant 

to the President for National Security Affairs and the Deputy 

Assistant to the President for National Security Affairs; and 

‘‘(7) in the case of such an exercise for which a unified 

combatant command has a geographic area of responsibility 

relevant to the scenario planned to be used for the exercise, 

not fewer than two of the following individuals from that command shall participate, in whole or in part, in the exercise: 

‘‘(A) The Commander. 

‘‘(B) The Deputy Commander. 

‘‘(C) The Director of the Joint Staff for Operations. 

‘‘(D) The Director of the Joint Staff for Strategic Plans 

and Policy. 

‘‘(b) BRIEFING.—Not fewer than once every four years (or more 

frequently if appropriate) during the period specified in subsection 

(a), the President shall be provided a briefing on the annual strategic deterrence exercise held by the United States Strategic Command during the year in which the briefing is provided, including 

the principal findings resulting from the exercise. 

‘‘(c) REPORTS.—(1) Not later than 30 days after the completion 

of an annual strategic deterrence exercise described in subsection 

(a), the Commander of the United States Strategic Command shall 

submit to the Chairman of the Joint Chiefs of Staff and the Secretary of Defense a report on the exercise, which, at a minimum, 

shall include the following: 

Time period. 

10 USC 499b. 

10 USC 491 prec. 


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‘‘(A) A description of the purpose and scope of the 

exercise. 

‘‘(B) An identification of the principal personnel participating in the exercise. 

‘‘(C) A statement of the principal findings resulting 

from the exercise that specifically relate to the nuclear 

command, control, and communications or senior leader 

decision-making process and a description of any deficiencies in that process identified a result of the exercise. 

‘‘(D) Whether the President was briefed on the exercise 

and the principal findings resulting from the exercise. 

‘‘(2) Not later than 60 days after the completion of an annual 

strategic deterrence exercise described in subsection (a), the Secretary shall submit to the congressional defense committees— 

‘‘(A) an unedited copy of the report of the Commander 

submitted under paragraph (1); and 

‘‘(B) any additional recommendations or other matters the 

Secretary considers appropriate.’’. 

SEC. 1632. MODIFICATION TO REQUIREMENTS RELATING TO NUCLEAR 

FORCE REDUCTIONS. 

Section 494(c) of title 10, United States Code, is amended— 

(1) by striking ‘‘December 31, 2011’’ each place it appears 

and inserting ‘‘December 31, 2021’’; and 

(2) in paragraph (3), by striking ‘‘December 31, 2017’’ and 

inserting ‘‘February 1, 2025’’. 

SEC. 1633. MODIFICATIONS TO REQUIREMENTS RELATING TO UNILATERAL CHANGES IN NUCLEAR WEAPONS STOCKPILE OF 

THE UNITED STATES. 

Section 498 of title 10, United States Code, is amended— 

(1) by striking subsection (a) and inserting the following 

new subsection (a): 

‘‘(a) IN GENERAL.—Other than pursuant to a treaty to which 

the Senate has provided advice and consent pursuant to section 

2 of article II of the Constitution of the United States, if the 

President has under consideration to unilaterally change the size 

of the total stockpile of nuclear weapons of the United States, 

or the total number of deployed nuclear weapons (as defined under 

the New START Treaty), by more than 20 percent, prior to doing 

so the President shall initiate a Nuclear Posture Review.’’; 

(2) in subsection (c), by striking ‘‘in the nuclear weapons 

stockpile by more than 25 percent’’ and inserting ‘‘described 

in subsection (a)’’; 

(3) in subsection (d), by striking ‘‘treaty obligations’’ and 

inserting ‘‘obligations pursuant to a treaty to which the Senate 

has provided advice and consent pursuant to section 2 of article 

II of the Constitution’’; and 

(4) by adding at the end the following: 

‘‘(f) NEW START TREATY DEFINED.—In this section, the term 

‘New START Treaty’ means the Treaty between the United States 

of America and the Russian Federation on Measures for the Further 

Reduction and Limitation of Strategic Offensive Arms, signed on 

April 8, 2010, and entered into force on February 5, 2011.’’. 

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SEC. 1634. DEADLINE FOR REPORTS ON MODIFICATION OF FORCE 

STRUCTURE FOR STRATEGIC NUCLEAR WEAPONS 

DELIVERY SYSTEMS. 

Section 493 of title 10, United States Code, is amended in 

the first sentence by inserting after ‘‘report on the modification’’ 

the following: ‘‘not less than 180 days before the intended effective 

date of the modification’’. 

SEC. 1635. MODIFICATION OF DEADLINE FOR NOTIFICATIONS 

RELATING TO REDUCTION, CONSOLIDATION, OR WITHDRAWAL OF NUCLEAR FORCES BASED IN EUROPE. 

Section 497(b) of title 10, United States Code, is amended 

by striking ‘‘60 days’’ and inserting ‘‘120 days’’. 

SEC. 1636. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF THE 

GROUND-BASED STRATEGIC DETERRENT CRYPTOGRAPHIC DEVICE. 

(a) IN GENERAL.—The Secretary of the Air Force may enter 

into contracts for the life-of-type procurement of covered parts supporting the KS–75 cryptographic device under the ground-based 

strategic deterrent program. 

(b) AVAILABILITY OF FUNDS.—Notwithstanding section 1502(a) 

of title 31, United States Code, of the amount authorized to be 

appropriated for fiscal year 2022 by section 101 and available 

for missile procurement, Air Force, as specified in the corresponding 

funding table in section 4101, $10,900,000 shall be available for 

the procurement of covered parts pursuant to contracts entered 

into under subsection (a). 

(c) COVERED PARTS DEFINED.—In this section, the term ‘‘covered 

parts’’ means commercially available off-the-shelf items as defined 

in section 104 of title 41, United States Code. 

SEC. 1637. CAPABILITY OF B–21 BOMBER AIRCRAFT WITH LONG-RANGE 

STANDOFF WEAPON. 

The Secretary of the Air Force shall ensure that the B–21 

bomber aircraft is capable of employing the long-range standoff 

weapon. 

SEC. 1638. MISSION-DESIGN SERIES POPULAR NAME FOR GROUNDBASED STRATEGIC DETERRENT. 

(a) REQUIREMENT.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of the Air Force, in 

coordination with the Under Secretary of Defense for Acquisition 

and Sustainment, shall establish a mission-design series popular 

name for the ground-based strategic deterrent, consistent with the 

procedures set forth in Department of Defense Directive 4120.15 

(relating to designating and naming military aerospace vehicles). 

(b) NOTIFICATION.—Not later than 10 days after completing 

the requirement under subsection (a), the Secretary of the Air 

Force shall notify the congressional defense committees of the 

completion of the requirement. 

SEC. 1639. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL 

BALLISTIC MISSILES OF THE UNITED STATES. 

(a) PROHIBITION.—Except as provided in subsection (b), none 

of the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2022 for the Department of Defense 

Deadline. 

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may be obligated or expended for the following, and the Department 

may not otherwise take any action to do the following: 

(1) Reduce, or prepare to reduce, the responsiveness or 

alert level of the intercontinental ballistic missiles of the United 

States. 

(2) Reduce, or prepare to reduce, the quantity of deployed 

intercontinental ballistic missiles of the United States to a 

number less than 400. 

(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to any of the following activities: 

(1) The maintenance or sustainment of intercontinental 

ballistic missiles. 

(2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles. 

SEC. 1640. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL 

SUBMISSION OF INFORMATION RELATING TO PROPOSED 

BUDGET FOR NUCLEAR-ARMED SEA-LAUNCHED CRUISE 

MISSILE. 

Of the funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2022 for the Department 

of Defense for travel by any personnel of the Office of the Secretary 

of the Navy, not more than 75 percent may be obligated or expended 

until the Secretary of the Navy submits to the congressional defense 

committees all written communications from or to personnel of 

the Department of the Navy regarding the proposed budget amount 

or limitation for the nuclear-armed sea-launched cruise missile 

contained in the defense budget materials (as defined by section 

231(f) of title 10, United States Code) relating to the Navy for 

fiscal year 2023. 

SEC. 1641. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL 

SUBMISSION OF INFORMATION RELATING TO NUCLEARARMED SEA-LAUNCHED CRUISE MISSILE. 

Of the funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2022 for the Department 

of Defense for travel by any personnel of the Office of the Secretary 

of Defense (other than travel by the Secretary of Defense or the 

Deputy Secretary of Defense), not more than 75 percent may be 

obligated or expended until the Secretary— 

(1) submits to the congressional defense committees the 

analysis of alternatives for the nuclear-armed sea-launched 

cruise missile; and 

(2) provides to such committees a briefing on such analysis 

of alternatives. 

SEC. 1642. ANNUAL CERTIFICATION ON READINESS OF MINUTEMAN 

III INTERCONTINENTAL BALLISTIC MISSILES. 

Not later than March 1, 2022, and annually thereafter until 

the date on which the ground-based strategic deterrent weapon 

achieves initial operating capability, the Chairman of the Joint 

Chiefs of Staff shall certify to the congressional defense committees 

whether the state of the readiness of Minuteman III intercontinental ballistic missiles requires placing heavy bombers equipped 

with nuclear gravity bombs or air-launched nuclear cruise missiles, 

and associated refueling tanker aircraft, on alert status. 

Deadline. 

Termination 

date. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2093 

SEC. 1643. REVISED NUCLEAR POSTURE REVIEW. 

(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to 

clarify the nuclear deterrence policy and strategy of the United 

States for the near term, the Secretary of Defense, acting through 

the Under Secretary of Defense for Policy and the Vice Chairman 

of the Joint Chiefs of Staff, shall conduct a comprehensive review 

of the nuclear posture of the United States for the five- and 10- 

year periods following the date of the review. The Secretary shall 

conduct the review in consultation with the Secretary of Energy, 

the Secretary of State, and the Director of National Intelligence. 

(b) ELEMENTS OF REVIEW.—The nuclear posture review under 

subsection (a) shall include the following elements: 

(1) An assessment of the current and projected nuclear 

capabilities of Russia and China, and such other potential 

threats as the Secretary considers appropriate. 

(2) The role of nuclear forces in military strategy, planning, 

and programming of the United States. 

(3) The policy requirements and objectives for the United 

States to maintain a safe, reliable, and credible nuclear deterrence posture. 

(4) The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives. 

(5) The role that missile defenses, conventional strike 

forces, and other capabilities play in determining the role and 

size of nuclear forces. 

(6) The levels and composition of the nuclear delivery systems that will be required for implementing the national and 

military strategy of the United States, including ongoing plans 

for replacing existing systems. 

(7) The nuclear weapons complex that will be required 

for implementing such national and military strategy, including 

ongoing plans to modernize the complex. 

(8) The active and inactive nuclear weapons stockpile that 

will be required for implementing the such national and military strategy, including ongoing plans for replacing or modifying 

warheads. 

(c) REPORT.—Concurrent with the national defense strategy 

required to be submitted under section 113(g) of title 10, United 

States Code, in 2022, the Secretary shall submit to the congressional 

defense committees a report on the results of the nuclear posture 

review conducted under subsection (a). The report shall be submitted in unclassified and classified forms as necessary. 

SEC. 1644. REVIEW OF SAFETY, SECURITY, AND RELIABILITY OF 

NUCLEAR WEAPONS AND RELATED SYSTEMS. 

(a) FINDINGS.—Congress finds the following: 

(1) On December 20, 1990, Secretary of Defense Cheney 

chartered a five-person independent committee known as the 

Federal Advisory Committee on Nuclear Failsafe and Risk 

Reduction to assess the capability of the nuclear weapon command and control system to meet the dual requirements of 

assurance against unauthorized use of nuclear weapons and 

assurance of timely, reliable execution when authorized, and 

to identify opportunities for positive measures to enhance 

failsafe features. 

(2) The Federal Advisory Committee, chaired by Ambassador Jeane J. Kirkpatrick, recommended changes in the 

Assessment. 

Consultation. 


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nuclear enterprise, as well as policy proposals to reduce the 

risks posed by unauthorized launches and miscalculation. 

(3) The Federal Advisory Committee found, unambiguously, 

that ‘‘failsafe and oversight enhancements are possible’’. 

(4) Since 1990, new threats to the nuclear enterprise have 

arisen in the cyber, space, and information warfare domains. 

(5) Ensuring the continued assurance of the nuclear command, control, and communications infrastructure is essential 

to the national security of the United States. 

(b) REVIEW.—The Secretary of Defense shall provide for the 

conduct of an independent review of the safety, security, and reliability of covered nuclear systems. The Secretary shall ensure that 

such review is conducted in a manner similar to the review conducted by the Federal Advisory Committee on Nuclear Failsafe 

and Risk Reduction. 

(c) MATTERS INCLUDED.—The review conducted pursuant to 

subsection (b) shall include the following: 

(1) Plans for modernizing the covered nuclear systems, 

including options and recommendations for technical, procedural, and policy measures that could strengthen safeguards, 

improve the security and reliability of digital technologies, and 

prevent cyber-related and other risks that could lead to the 

unauthorized or inadvertent use of nuclear weapons as the 

result of an accident, misinterpretation, miscalculation, terrorism, unexpected technological breakthrough, or deliberate 

act. 

(2) Options and recommendations for nuclear risk reduction 

measures, focusing on confidence building and predictability, 

that the United States could carry out alone or with nearpeer adversaries to strengthen safeguards against the 

unauthorized or inadvertent use of a nuclear weapon and to 

reduce nuclear risks. 

(d) SUBMISSION.—Not later than one year after the date of 

the enactment of this Act, the Secretary shall submit to the congressional defense committees the review conducted pursuant to subsection (b). 

(e) PREVIOUS REVIEW.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary shall submit to the 

congressional defense committees the final report of the Federal 

Advisory Committee on Nuclear Failsafe and Risk Reduction. 

(f) COVERED NUCLEAR SYSTEMS DEFINED.—In this section, the 

term ‘‘covered nuclear systems’’ means the following systems of 

the United States: 

(1) The nuclear weapons systems. 

(2) The nuclear command, control, and communications 

system. 

(3) The integrated tactical warning/attack assessment 

system. 

SEC. 1645. LONG-RANGE STANDOFF WEAPON. 

(a) REQUIREMENT.—In addition to the requirements under section 2366c of title 10, United States Code, prior to awarding a 

procurement contract for the long-range standoff weapon, the Secretary of the Air Force, in coordination with the Under Secretary 

of Defense for Acquisition and Sustainment, shall submit to the 

congressional defense committees each of the following: 

Reports. 

Deadline. 

Recommendations. 


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(1) A certification that the future-years defense program 

submitted to Congress under section 221 of title 10, United 

States Code, includes, or will include, estimated funding for 

the program in the amounts specified in the independent estimated cost submitted to the congressional defense committees 

under subsection (a)(2) of such section 2366c. 

(2) A copy of the justification and approval documentation 

regarding the determination by the Secretary to award a solesource contract for the program, including with respect to how 

the Secretary will manage the cost of the program in the 

absence of competition. 

(b) BRIEFING.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of the Air Force shall provide 

to the congressional defense committees a briefing on the execution 

of the engineering and manufacturing development contract for 

the long-range standoff weapon, including with respect to— 

(1) how the timely development of the long-range standoff 

weapon may serve as a hedge to delays in other nuclear modernization efforts; 

(2) the effects of potential delays in the W80–4 warhead 

program on the ability of the long-range standoff weapon to 

achieve the initial operational capability schedule under section 

217 of the National Defense Authorization Act for Fiscal Year 

2014 (Public Law 113–66; 127 Stat. 706), as most recently 

amended by section 1668 of the National Defense Authorization 

Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1774); 

(3) options to adjust the budget profile of the long-range 

standoff weapon program to ensure the program remains on 

schedule; and 

(4) a plan to ensure best value to the United States once 

the programs enter into procurement. 

SEC. 1646. GROUND-BASED STRATEGIC DETERRENT DEVELOPMENT 

PROGRAM ACCOUNTABILITY MATRICES. 

(a) IN GENERAL.—Concurrent with the submission to Congress 

of the budget of the President for fiscal year 2023 and each fiscal 

year thereafter pursuant to section 1105(a) of title 31, United States 

Code, the Secretary of the Air Force shall submit to the congressional defense committees and the Comptroller General of the 

United States the matrices described in subsection (b) relating 

to the ground-based strategic deterrent weapon system. 

(b) MATRICES DESCRIBED.—The matrices described in this subsection are the following: 

(1) ENGINEERING AND MANUFACTURING DEVELOPMENT

GOALS.—A matrix that identifies, in six-month increments, key 

milestones, development events, and specific performance goals 

for the engineering and manufacturing development phase of 

the ground-based strategic deterrent weapon system, which 

shall be subdivided, at a minimum, according to the following: 

(A) Technology maturity, including technology readiness levels of major components and key demonstration 

events leading to technology readiness level 7 full maturity. 

(B) Design maturity for the missile, weapon system 

command and control, and ground systems. 

(C) Software maturity, including key events and 

metrics. 

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(D) Manufacturing maturity, including manufacturing 

readiness levels for critical manufacturing operations and 

key demonstration events. 

(E) The schedule with respect to the following: 

(i) Ground-based strategic deterrent weapon 

system level critical path events and margins. 

(ii) Separate individual critical path events and 

margins for each of the following major events: 

(I) First flight. 

(II) First functional test. 

(III) Weapon system qualification. 

(IV) Combined certifications. 

(V) Operational weapon system article. 

(VI) Initial operational capability. 

(VII) Wing A completion. 

(F) Personnel, including planned and actual staffing 

for the program office and for contractor and supporting 

organizations, including for testing, nuclear certification, 

and civil engineering by the Air Force. 

(G) Reliability, including growth plans and key milestones. 

(2) COST.— 

(A) IN GENERAL.—The following matrices relating to 

the cost of the ground-based strategic deterrent weapon 

system: 

(i) A matrix expressing, in six-month increments, 

the total cost for the engineering and manufacturing 

development phase and low-rate initial production lots 

of the ground-based strategic deterrent weapon system. 

(ii) A matrix expressing the total cost for the prime 

contractor’s estimate for the engineering and manufacturing development phase and production lots. 

(B) PHASING AND SUBDIVISION OF MATRICES.—The matrices described in clauses (i) and (ii) of subparagraph (A) 

shall be— 

(i) phased over the entire engineering and manufacturing development period; and 

(ii) subdivided according to the costs of the primary 

subsystems in the ground-based strategic deterrent 

weapon system work breakdown structure. 

(c) SEMI-ANNUAL UPDATES OF MATRICES.—Not later than 180 

days after the date on which the Secretary submits the matrices 

described in subsection (b) for a year as required by subsection 

(a), the Secretary shall submit to the congressional defense committees and the Comptroller General updates to the matrices. 

(d) TREATMENT OF THE FIRST MATRICES AS BASELINE.— 

(1) IN GENERAL.—The first set of matrices submitted under 

subsection (a) shall be treated as the baseline for the full 

engineering and manufacturing development phase and lowrate initial production of the ground-based strategic deterrent 

weapon system program for purposes of updates submitted 

under subsection (c) and subsequent matrices submitted under 

subsection (a). 

(2) ELEMENTS.—After the submission of the first set of 

matrices required by subsection (a), each update submitted 

under subsection (c) and each subsequent set of matrices submitted under subsection (a) shall— 

Deadline. 


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(A) clearly identify changes in key milestones, development events, and specific performance goals identified in 

the first set of matrices; and 

(B) provide updated cost estimates. 

(e) ASSESSMENT BY COMPTROLLER GENERAL OF THE UNITED

STATES.—Not later than 60 days after receiving the matrices 

described in subsection (b) for a year as required by subsection 

(a), the Comptroller General shall assess the acquisition progress 

made with respect to the ground-based strategic deterrent weapon 

system and brief the congressional defense committees on the 

results of that assessment. 

(f) TERMINATION.—The requirements of this section shall terminate on the date that is one year after the ground-based strategic 

deterrent weapon system achieves initial operational capability. 

SEC. 1647. INFORMATION REGARDING REVIEW OF MINUTEMAN III 

SERVICE LIFE EXTENSION PROGRAM OR OPTIONS FOR 

THE FUTURE OF THE INTERCONTINENTAL BALLISTIC 

MISSILE FORCE. 

(a) REQUIREMENT.—The Secretary of Defense shall submit to 

the congressional defense committees all— 

(1) scoping documents relating to any covered review; and 

(2) reports or other documents relating to any such review. 

(b) TIMING.—The Secretary shall submit the documents and 

reports under subsection (a) by the date that is the later of the 

following: 

(1) 15 days after the date on which the documents or 

reports are produced. 

(2) 15 days after the date of the enactment of this Act. 

(c) COVERED REVIEW.—In this section, the term ‘‘covered 

review’’ means any review initiated in 2021 or 2022 by any entity 

pursuant to an agreement or contract with the Federal Government 

regarding— 

(1) a service life extension program for Minuteman III 

intercontinental ballistic missiles; or 

(2) the future of the intercontinental ballistic missile force. 

SEC. 1648. NOTIFICATION REGARDING INTERCONTINENTAL BALLISTIC 

MISSILES OF CHINA. 

(a) REQUIREMENT.—If the Commander of the United States 

Strategic Command determines that the number of intercontinental 

ballistic missiles in the active inventory of China exceeds the 

number of intercontinental ballistic missiles in the active inventory 

of the United States, the number of nuclear warheads equipped 

on such missiles of China exceeds the number of nuclear warheads 

equipped on such missiles of the United States, or the number 

of intercontinental ballistic missile launchers in China exceeds the 

number of intercontinental ballistic missile launchers in the United 

States, the Commander shall submit to the congressional defense 

committees— 

(1) a notification of such determination; 

(2) an assessment of the composition of the intercontinental 

ballistic missiles of China, including the types of nuclear warheads equipped on such missiles; and 

(3) a strategy for deterring China. 

(b) FORM.—The notification under paragraph (1) of subsection 

(a) shall be submitted in unclassified form, and the assessment 

Assessment. 

Definition. 

Deadlines. 

Reports. 

Deadline. 


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and strategy under paragraphs (2) and (3) of such subsection may 

be submitted in classified form. 

(c) TERMINATION.—The requirement under subsection (a) shall 

terminate on the date that is four years after the date of the 

enactment of this Act. 

SEC. 1649. INDEPENDENT REVIEW OF NUCLEAR COMMAND, CONTROL, 

AND COMMUNICATIONS SYSTEM. 

(a) REVIEW.—Not later than 30 days after the date of the 

enactment of this Act, the Secretary of Defense shall seek to enter 

into an agreement with a federally funded research and development center to conduct a review of the current plans, policies, 

and programs of the nuclear command, control, and communications 

system of the Department of Defense, and such plans, policies, 

and programs that are planned for the 10- and 30-year periods 

following such date of enactment. 

(b) MATTERS INCLUDED.—The review under subsection (a) shall 

include a review of each of the following: 

(1) The plans, policies, and programs described in such 

subsection. 

(2) The operational, organizational, programmatic, and 

acquisition challenges and risks with respect to— 

(A) maintaining the existing nuclear command, control, 

and communications system; and 

(B) the nuclear command, control, and communications 

system to be fielded during the 10-year period following 

the date of the enactment of this Act. 

(3) Emerging technologies and how such technologies may 

be applied to the next generation of the nuclear command, 

control, and communications system during the 30-year period 

following the date of the enactment of this Act to ensure— 

(A) the survivability of the system; and 

(B) the capability of the system with respect to— 

(i) decisionmaking; 

(ii) situation monitoring; 

(iii) planning; 

(iv) force direction; and 

(v) force management. 

(4) The security and surety of the nuclear command, control, and communications system. 

(5) Threats to the nuclear command, control, and communications system that may occur and the ability to detect and 

mitigate such threats during the 10- and 30-year periods following the date of the enactment of this Act. 

(c) BRIEFING.—Not later than September 1, 2022, the federally 

funded research and development center that conducts the review 

under subsection (a) shall provide the congressional defense committees an interim briefing on the review under subsection (a). 

(d) REPORT.—Not later than March 1, 2023, the federally funded 

research and development center that conducts the review under 

subsection (a) shall submit to the Secretary and the congressional 

defense committees a report containing the review under such subsection. 

SEC. 1650. REVIEW OF ENGINEERING AND MANUFACTURING DEVELOPMENT CONTRACT FOR GROUND-BASED STRATEGIC 

DETERRENT PROGRAM. 

(a) REVIEW.— 

Deadline. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2099 

(1) REQUIREMENT.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of the Air Force, 

in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall seek to enter into a contract with 

a federally funded research and development center to conduct 

a review of the implementation and the execution of the 

engineering and manufacturing development phase for the 

ground-based strategic deterrent program. 

(2) MATTERS INCLUDED.—The review under paragraph (1) 

shall include the following: 

(A) An analysis of the ability of the Air Force to implement industry best practices regarding digital engineering 

during the engineering and manufacturing development 

phase of the ground-based strategic deterrent program. 

(B) An assessment of the opportunities offered by the 

adoption by the Air Force of digital engineering processes 

and of the challenges the Air Force faces in implementing 

such industry best practices. 

(C) A review of the ability of the Air Force to leverage 

digital engineering during such engineering and manufacturing development phase. 

(D) A review of any options that may be available 

to the Air Force during the engineering and manufacturing 

development phase of the ground-based strategic deterrent 

program to— 

(i) reduce cost and introduce long-term 

sustainment efficiencies; and 

(ii) stimulate competition within the operations 

and maintenance phase of the program. 

(E) Recommendations to improve the cost, schedule, 

and program management of the engineering and manufacturing development phase for the ground-based strategic 

deterrent program. 

(3) PROVISION OF INFORMATION.—The Secretary shall provide to the individuals conducting the review under paragraph 

(1) all information necessary for the review. 

(4) SECURITY CLEARANCES.—The Secretary shall ensure 

that each individual who conducts the review under paragraph 

(1) holds a security clearance at the appropriate level for such 

review. 

(b) REPORT.—Not later than 270 days after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the review under 

subsection (a)(1). The report shall be submitted in unclassified 

form and shall include a classified annex. 

(c) BRIEFING.—Not later than 90 days after the date on which 

the Secretary submits the report under subsection (b), the Secretary 

shall provide to the congressional defense committees a briefing 

on— 

(1) plans of the Air Force for implementing any of the 

recommendations contained in the review under subsection 

(a)(1); and 

(2) an explanation for rejecting any recommendations contained in the review that the Secretary elects not to implement. 

Deadline. 

Recommendations. 

Recommendations. 

Assessment. 

Analysis. 

Deadline. 


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135 STAT. 2100 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 1651. REPORT ON RE-ALERTING LONG-RANGE BOMBERS. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report containing— 

(1) a cost estimate with respect to re-alerting long-range 

bombers and air refueling tanker aircraft in the absence of 

a ground-based leg of the nuclear triad; and 

(2) an assessment of the impact of such re-alerting on 

force readiness. 

SEC. 1652. COMPTROLLER GENERAL STUDY AND UPDATED REPORT 

ON NUCLEAR WEAPONS CAPABILITIES AND FORCE 

STRUCTURE REQUIREMENTS. 

(a) COMPTROLLER GENERAL STUDY REQUIRED.—The Comptroller 

General of the United States shall conduct a study on the strategic 

nuclear weapons capabilities, force structure, employment policy, 

and targeting requirements of the Department of Defense. 

(b) MATTERS COVERED.—The study conducted under subsection 

(a) shall, at minimum, consist of an update to the report of the 

Comptroller General titled ‘‘Strategic Weapons: Changes in the 

Nuclear Weapons Targeting Process Since 1991’’ (GAO–12–786R) 

and dated July 31, 2012, including covering any changes to— 

(1) how the Department of Defense has assessed threats 

and modified its nuclear deterrence policy; 

(2) targeting and employment guidance from the President, 

the Secretary of Defense, the Chairman of the Joint Chiefs 

of Staff, and the Commander of United States Strategic Command; 

(3) nuclear weapons planning and targeting, including categories and types of targets; 

(4) strategic nuclear forces, including the stockpile, force 

posture, and modernization; 

(5) the level of civilian oversight; 

(6) the relationship between targeting and requirements; 

and 

(7) any other matters considered appropriate by the Comptroller General. 

(c) REPORTING.— 

(1) BRIEFING ON PRELIMINARY FINDINGS.—Not later than 

March 31, 2022, the Comptroller General shall provide to the 

congressional defense committees a briefing on the preliminary 

findings of the study conducted under subsection (a). 

(2) FINAL REPORT.—The Comptroller General shall submit 

to the congressional defense committees a final report on the 

findings of the study conducted under subsection (a) at a time 

agreed to by the Comptroller General and the congressional 

defense committees at the briefing required by paragraph (1). 

(3) FORM.—The briefing required by paragraph (1) may 

be provided, and the report required by paragraph (2) may 

be submitted, in classified form. 

(d) COOPERATION.—The Secretary of Defense and the Secretary 

of Energy shall provide the Comptroller General with full cooperation and access to appropriate officials, guidance, and documentation for the purposes of conducting the study required by subsection 

(a). 

Deadline. 

Assessment. 

Estimate. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2101 

SEC. 1653. BRIEFING ON CONSULTATIONS WITH UNITED STATES 

ALLIES REGARDING NUCLEAR POSTURE REVIEW. 

(a) IN GENERAL.—Not later than the date on which the Secretary of Defense issues the first Nuclear Posture Review after 

the date of the enactment of this Act, the Secretary of Defense, 

in coordination with the Secretary of State, shall provide to the 

appropriate congressional committees, the Majority and Minority 

Leaders of the Senate, and the Speaker and Minority Leader of 

the House of Representatives a briefing on all consultations with 

allies of the United States regarding the Nuclear Posture Review. 

(b) ELEMENTS.—The briefing required by subsection (a) shall 

include the following: 

(1) A listing of all countries consulted with respect to 

the Nuclear Posture Review, including the dates and circumstances of each such consultation and the countries present. 

(2) An overview of the topics and concepts discussed with 

each such country during such consultations, including any 

discussion of potential changes to the nuclear declaratory policy 

of the United States. 

(3) An opportunity for the committees and officials referred 

to in subsection (a) to view documents relating to such consultations. 

(4) A summary of any feedback provided during such consultations. 

(c) FORM.—The briefing required by subsection (a) shall be 

conducted in both in an unclassified and classified format. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

Subtitle D—Missile Defense Programs 

SEC. 1661. NOTIFICATION OF CHANGES TO NON-STANDARD ACQUISITION AND REQUIREMENTS PROCESSES AND RESPONSIBILITIES OF MISSILE DEFENSE AGENCY. 

(a) NOTICE AND WAIT REQUIREMENT.—Section 205 of title 10, 

United States Code, is amended— 

(1) by striking ‘‘The Director’’ and inserting ‘‘(a) APPOINTMENT OF DIRECTOR.—The Director’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) NOTIFICATION OF CHANGES TO NON-STANDARD ACQUISITION

AND REQUIREMENTS PROCESSES AND RESPONSIBILITIES.—(1) The 

Secretary of Defense may not make any changes to the missile 

defense non-standard acquisition and requirements processes and 

responsibilities unless, with respect to those proposed changes— 

‘‘(A) the Secretary, without delegation, has taken each of 

the actions specified in paragraph (2); and 

‘‘(B) a period of 120 days has elapsed following the date 

on which the Secretary submits the report under subparagraph 

(C) of such paragraph. 

Time period. 

Reports. 

List. 

Deadline. 


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135 STAT. 2102 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(2) If the Secretary proposes to make changes to the missile 

defense non-standard acquisition and requirements processes and 

responsibilities, the Secretary shall— 

‘‘(A) consult with the Under Secretary of Defense for 

Research and Engineering, the Under Secretary of Defense 

for Acquisition and Sustainment, the Under Secretary of 

Defense for Policy, the Secretaries of the military departments, 

the Chairman of the Joint Chiefs of Staff, the Commander 

of the United States Strategic Command, the Commander of 

the United States Northern Command, and the Director of 

the Missile Defense Agency, regarding the changes; 

‘‘(B) certify to the congressional defense committees that 

the Secretary has coordinated the changes with, and received 

the views of, the individuals referred to in subparagraph (A); 

‘‘(C) submit to the congressional defense committees a 

report that contains— 

‘‘(i) a description of the changes, the rationale for the 

changes, and the views of the individuals referred to in 

subparagraph (A) with respect to the changes; 

‘‘(ii) a certification that the changes will not impair 

the missile defense capabilities of the United States nor 

degrade the unique special acquisition authorities of the 

Missile Defense Agency; and 

‘‘(iii) with respect to any such changes to Department 

of Defense Directive 5134.09, or successor directive issued 

in accordance with this subsection, a final draft of the 

proposed modified directive, both in an electronic format 

and in a hard copy format; and 

‘‘(D) with respect to any such changes to Department of 

Defense Directive 5134.09, or successor directive issued in 

accordance with this subsection, provide to such committees 

a briefing on the proposed modified directive described in 

subparagraph (C)(iii). 

‘‘(3) In this subsection, the term ‘non-standard acquisition and 

requirements processes and responsibilities’ means the processes 

and responsibilities described in— 

‘‘(A) the memorandum of the Secretary of Defense titled 

‘Missile Defense Program Direction’ signed on January 2, 2002, 

as in effect on the date of the enactment of this subsection 

or as modified in accordance with this subsection, or any successor memorandum issued in accordance with this subsection; 

‘‘(B) Department of Defense Directive 5134.09, as in effect 

on the date of the enactment of this subsection (without regard 

to any modifications described in Directive-type Memorandum 

20–002 of the Deputy Secretary of Defense, or any amendments 

or extensions thereto made before the date of such enactment), 

or as modified in accordance with this subsection, or any successor directive issued in accordance with this subsection; and 

‘‘(C) United States Strategic Command Instruction 538– 

3 titled ‘MD Warfighter Involvement Process’, as in effect on 

the date of the enactment of this subsection or as modified 

in accordance with this subsection, or any successor instruction 

issued in accordance with this subsection.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) FY20 NDAA.—Section 1688 of the National Defense 

Authorization Act for Fiscal Year 2020 (Public Law 116–92; 

133 Stat. 1787) is amended— 

Reports. 

Certification. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2103 

(A) by striking subsection (b); and 

(B) by redesignating subsection (c) as subsection (b). 

(2) FY21 NDAA.—Section 1641 of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal Year 

2021 (Public Law 116–283; 134 Stat. 4061) is amended— 

(A) by striking subsection (c); and 

(B) by redesignating subsection (d) as subsection (c). 

SEC. 1662. LIMITATION ON MISSILE DEFENSE AGENCY PRODUCTION 

OF SATELLITES AND GROUND SYSTEMS ASSOCIATED 

WITH OPERATION OF SUCH SATELLITES. 

(a) LIMITATION.— 

(1) PRODUCTION OF SATELLITES AND GROUND SYSTEMS.— 

The Director of the Missile Defense Agency may not authorize 

or obligate funding for a program of record for the production 

of satellites or ground systems associated with the operation 

of such satellites. 

(2) PROTOTYPE SATELLITES.— 

(A) AUTHORITY.—The Director, with the concurrence 

of the Space Acquisition Council established by section 

9021 of title 10, United States Code, may authorize the 

production of one or more prototype satellites, consistent 

with the requirements of the Missile Defense Agency. 

(B) REPORT.—Not later than 30 days after the date 

on which the Space Acquisition Council concurs with the 

Director with respect to authorizing the production of a 

prototype satellite under subparagraph (A), the chair of 

the Council shall submit to the congressional defense 

committees a report explaining the reasons for such concurrence. 

(C) OBLIGATION OF FUNDS.—The Director may not obligate funds for the production of a prototype satellite under 

subparagraph (A) before the date on which the Space 

Acquisition Council submits the report for such prototype 

satellite under subparagraph (B). 

(b) HYPERSONIC AND BALLISTIC MISSILE TRACKING SPACE

SENSOR.—Section 1645 of the William M. (Mac) Thornberry 

National Defense Authorization Act for Fiscal Year 2021 (Public 

Law 116–283) is amended— 

(1) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) WAIVER OF CERTAIN LIMITATION.—The Assistant Secretary 

of the Air Force for Space Acquisition and Integration, acting as 

the chair of the Space Acquisition Council, may waive the limitation 

in section 1662 of the National Defense Authorization Act for Fiscal 

Year 2022, with respect to the hypersonic and ballistic missile 

tracking space sensor program if the Assistant Secretary— 

‘‘(1) determines that such limitation would delay the 

delivery of an operational hypersonic and ballistic missile 

tracking space sensor because of technical, cost, or schedule 

factors; and 

‘‘(2) submits to the congressional defense committees— 

‘‘(A) the technical, schedule, or cost rationale for the 

waiver; 

Determination. 

10 USC 4022 

note. 


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135 STAT. 2104 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(B) an acquisition strategy for the hypersonic and 

ballistic missile tracking space sensor program that is 

signed by both the Director and the Assistant Secretary; 

and 

‘‘(C) a lead service agreement entered into by the 

Director and the Chief of Space Operations regarding the 

operation and sustainment of the hypersonic and ballistic 

missile tracking space sensor and the integration of the 

sensor into the architecture of the Space Force.’’. 

SEC. 1663. EXTENSION OF PERIOD FOR TRANSITION OF BALLISTIC 

MISSILE DEFENSE PROGRAMS TO MILITARY DEPARTMENTS. 

Section 1676(b)(1) of the National Defense Authorization Act 

for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) 

is amended by striking ‘‘the date on which the budget of the President for fiscal year 2023 is submitted under section 1105 of title 

31, United States Code,’’ and inserting, ‘‘October 1, 2023,’’. 

SEC. 1664. DIRECTED ENERGY PROGRAMS FOR BALLISTIC AND 

HYPERSONIC MISSILE DEFENSE. 

(a) AUTHORITY OF THE MISSILE DEFENSE AGENCY.—The Secretary of Defense shall delegate to the Director of the Missile 

Defense Agency the authority to budget for, direct, and manage 

directed energy programs applicable for ballistic and hypersonic 

missile defense missions, in coordination with other directed energy 

efforts of the Department of Defense. 

(b) PRIORITIZATION.—In budgeting for and directing directed 

energy programs applicable for ballistic and hypersonic defensive 

missions pursuant to subsection (a), the Director of the Missile 

Defense Agency shall— 

(1) prioritize the early research and development of technologies; and 

(2) address the transition of such technologies to industry 

to support future operationally relevant capabilities. 

SEC. 1665. GUAM INTEGRATED AIR AND MISSILE DEFENSE SYSTEM. 

(a) ARCHITECTURE AND ACQUISITION.—The Secretary of Defense, 

acting through the Director of the Missile Defense Agency, and 

in coordination with the Commander of the United States IndoPacific Command, shall identify the architecture and acquisition 

approach for implementing a 360-degree integrated air and missile 

defense capability to defend the people, infrastructure, and territory 

of Guam from the scope and scale of advanced cruise, ballistic, 

and hypersonic missile threats that are expected to be fielded 

during the 10-year period beginning on the date of the enactment 

of this Act. 

(b) REQUIREMENTS.—The architecture identified under subsection (a) shall have the ability to— 

(1) integrate, while maintaining high kill chain performance against advanced threats, all applicable— 

(A) multi-domain sensors that contribute substantively 

to track quality and track custody; 

(B) interceptors; and 

(C) command and control systems; 

(2) address robust discrimination and electromagnetic 

compatibility with other sensors; 

Time period. 

10 USC 205 note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2105 

(3) engage directly, or coordinate engagements with other 

integrated air and missile defense systems, to defeat the spectrum of cruise, ballistic, and hypersonic threats expected to 

be fielded during the 10-year period beginning on the date 

of the enactment of this Act; 

(4) leverage existing programs of record to expedite the 

development and deployment of the architecture during the 

five-year period beginning on the date of the enactment of 

this Act, with an objective of achieving initial operating capability in 2025, including with respect to— 

(A) the Aegis ballistic missile defense system; 

(B) standard missile–3 and –6 variants; 

(C) the terminal high altitude area defense system; 

(D) the Patriot air and missile defense system; 

(E) the integrated battle control system; and 

(F) the lower tier air and missile defense sensor and 

other lower tier capabilities, as applicable; 

(5) integrate future systems and interceptors, including 

directed energy-based kill systems, that will also have the 

capability to detect, track, and defeat hypersonic missiles in 

the glide and terminal phases, including integration of passive 

measures to protect assets in Guam; and 

(6) incentivize competition within the acquisition of the 

architecture and rapid procurement and deployment wherever 

possible. 

(c) REPORT.—Not later than 60 days after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the architecture and acquisition approach identified under subsection (a), including— 

(1) an assessment of the development and implementation 

risks associated with each of the elements identified under 

subsection (b); and 

(2) a plan for expending funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2022 for such architecture. 

(d) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2022 for 

the Department of Defense for the Office of Cost Assessment and 

Program Evaluation, not more than 80 percent may be obligated 

or expended until the date on which the Secretary of Defense 

submits to the congressional defense committees the report under 

subsection (c). 

SEC. 1666. MISSILE DEFENSE RADAR IN HAWAII. 

As a part of the defense budget materials (as defined in section 

239 of title 10, United States Code) for fiscal year 2023, the Director 

of the Missile Defense Agency shall certify to the congressional 

defense committees that— 

(1) the future-years defense program submitted to Congress 

under section 221 of title 10, United States Code, in 2022 

includes adequate amounts of estimated funding to develop, 

construct, test, and integrate into the missile defense system 

the discrimination radar for homeland defense planned to be 

located in Hawaii; and 

(2) such radar and associated in-flight interceptor communications system data terminal will be operational by not later 

than December 31, 2028. 

Deadline. 

Certification. 

Assessment. 


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135 STAT. 2106 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 1667. CERTIFICATION REQUIRED FOR RUSSIA AND CHINA TO 

TOUR CERTAIN MISSILE DEFENSE SITES. 

(a) CERTIFICATION.—Before the Secretary of Defense makes 

a determination with respect to allowing a foreign national of Russia 

or China to tour a covered site, the Secretary shall submit to 

the congressional defense committees a certification that— 

(1) the Secretary has determined that such tour is in the 

national security interest of the United States, including the 

justifications for such determination; and 

(2) the Secretary will not share any technical data relating 

to the covered site with the foreign nationals. 

(b) TIMING.—The Secretary may not conduct a tour described 

in subsection (a) until a period of 45 days has elapsed following 

the date on which the Secretary submits the certification for that 

tour under such subsection. 

(c) CONSTRUCTION WITH OTHER REQUIREMENTS.—Nothing in 

this section shall be construed to supersede or otherwise affect 

section 130h of title 10, United States Code. 

(d) COVERED SITE.—In this section, the term ‘‘covered site’’ 

means any of the following: 

(1) The combat information center of a naval ship equipped 

with the Aegis ballistic missile defense system. 

(2) An Aegis Ashore site. 

(3) A terminal high altitude area defense battery. 

(4) A ground-based midcourse defense interceptor silo. 

SEC. 1668. NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE 

OF THE UNITED STATES HOMELAND. 

(a) FUNDING PLAN.—The Director of the Missile Defense Agency 

shall develop a funding plan that includes funding lines across 

the future-years defense program under section 221 of title 10, 

United States Code, for the next generation interceptor that— 

(1) while applying lessons learned from the redesigned 

kill vehicle program, incorporating recommendations from the 

Comptroller General of the United States, and implementing 

‘‘fly-before-you-buy’’ principles, produces and begins deployment 

of the next generation interceptor as early as practicable; 

(2) includes acquiring at least 20 operational next generation interceptors; and 

(3) includes transition plans to replace the current inventory of silo-based boosters with follow-on systems prior to the 

end of the useful lifecycle of the boosters. 

(b) REPORT ON FUNDING PROFILE.—The Director shall include 

with the budget justification materials submitted to Congress in 

support of the budget of the Department of Defense for fiscal 

year 2023 (as submitted with the budget of the President under 

section 1105(a) of title 31, United States Code) a report on the 

funding profile necessary for the next generation interceptor program through the date on which the program achieves full operational capability. 

(c) CONGRESSIONAL NOTIFICATION OF CANCELLATION REQUIREMENT.—Not later than 30 days prior to any final decision to cancel 

the next generation interceptor program, the Director shall provide 

to the congressional defense committees a briefing on such decision, 

including— 

(1) a justification for the decision; and 

Deadline. 

Recommendations. 

Deadline. 

Determination. 

10 USC 130h 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2107 

(2) an analysis of the national security risk that the 

Director accepts by reason of cancelling such program. 

(d) INCLUSION IN REQUIRED FLIGHT TESTS.—Section 1689(a) 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 10 U.S.C. 2431 note) is amended by adding 

after the period at the end the following new sentence: ‘‘Beginning 

not later than five years after the date on which the next generation 

interceptor achieves initial operational capability, the Director shall 

ensure that such flight tests include the next generation interceptor.’’. 

(e) REPORT.—Not later than the date of on which the Director 

approves the next generation interceptor program to enter the 

initial production phase of the acquisition process, the Director 

shall submit to the congressional defense committees a report outlining estimated annual costs for conducting annual, operationally 

relevant flight testing to evaluate the reliability of the system 

developed under such program, including associated production 

costs for procuring sufficient flight systems to support such testing 

for the projected life of the system. 

(f) PROGRAM ACCOUNTABILITY MATRICES.— 

(1) REQUIREMENT.—Concurrent with the submission to 

Congress of the budget of the President for fiscal year 2023 

and each fiscal year thereafter pursuant to section 1105(a) 

of title 31, United States Code, the Director shall submit to 

the congressional defense committees and the Comptroller General of the United States the matrices described in paragraph 

(2) relating to the next generation interceptor program. 

(2) MATRICES DESCRIBED.—The matrices described in this 

subsection are the following: 

(A) TECHNOLOGY AND PRODUCT DEVELOPMENT GOALS.— 

A matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals 

for the technology development phase of the next generation interceptor program, which shall be subdivided, at 

a minimum, according to the following: 

(i) Technology maturity, including technology 

readiness levels of major interceptor components and 

key demonstration events leading to full maturity. 

(ii) Design maturity, including key events and 

metrics, at the interceptor all up round level and major 

interceptor component level. 

(iii) Parts testing, including key events and metrics 

for vetting parts and components through a parts, 

materials, and processes mission assurance plan. 

(iv) Software maturity, including key events and 

metrics, at the all up round level and major interceptor 

component level for the interceptor. 

(v) Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events. 

(vi) Schedule, with respect to key program milestones, critical path events, and margins. 

(vii) Reliability, including growth plans and key 

milestones. 

(viii) Developmental testing and cybersecurity. 

(ix) Any other technology and product development 

goals the Director determines to be appropriate. 


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135 STAT. 2108 PUBLIC LAW 117–81—DEC. 27, 2021 

(B) COST.— 

(i) IN GENERAL.—The following matrices relating 

to the cost of the next generation interceptor program: 

(I) A matrix expressing, in six-month increments, the total cost for the technology development phase. 

(II) A matrix expressing the total cost for each 

of the contractors’ estimates for the technology 

development phase. 

(ii) PHASING AND SUBDIVISION OF MATRICES.—The 

matrices described in clauses (i) and (ii) of subparagraph (B) shall be— 

(I) phased over the entire technology development phase; and 

(II) subdivided according to the costs major 

interceptor component of each next generation 

interceptor configuration. 

(C) STAKEHOLDER AND INDEPENDENT REVIEWS.—A 

matrix that identifies, in six-month increments, plans and 

status for coordinating products and obtaining independent 

reviews for the next generation interceptor program for 

the technology development phase, which shall be subdivided according to the following: 

(i) Performance requirements, including coordinating, updating, and obtaining approval of the toplevel requirements document. 

(ii) Intelligence inputs, processes, and products, 

including— 

(I) coordinating, updating, and validating the 

homeland ballistic missile defense validated online 

lifecycle threat with the Director of the Defense 

Intelligence Agency; and 

(II) coordinating and obtaining approval of a 

lifecycle mission data plan. 

(iii) Independent assessments, including obtaining 

an initial and updated— 

(I) technical risk assessment; and 

(II) cost estimate. 

(iv) Models and simulations, including— 

(I) obtaining accreditation of interceptor 

models and simulations at both the all up round 

level and subsystem level from the Ballistic Missile 

Defense Operational Test Agency; 

(II) obtaining certification of threat models 

used for interceptor ground test from the Ballistic 

Missile Defense Operational Test Agency; and 

(III) obtaining accreditation from the Director 

of the Defense Intelligence Agency on all threat 

models, simulations, and associated data used to 

support interceptor development. 

(v) Sustainability and obsolescence, including 

coordinating and obtaining approval of a lifecycle 

sustainment plan. 

(vi) Cybersecurity, including coordinating and 

obtaining approval of a cybersecurity strategy. 


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(3) FORM.—The matrices submitted under paragraph (2) 

shall be in unclassified form, but may contain a classified 

annex. 

(4) SEMIANNUAL UPDATES OF MATRICES.—Not later than 

180 days after the date on which the Director submits the 

matrices described in paragraph (2) for a year as required 

by paragraph (1), the Director shall submit to the congressional 

defense committees and the Comptroller General updates to 

the matrices. 

(5) TREATMENT OF THE FIRST MATRICES AS BASELINE.— (A) IN GENERAL.—The first set of matrices submitted 

under paragraph (1) shall be treated as the baseline for 

the technology development phase of the next generation 

interceptor program for purposes of updates submitted 

under subsection (i) and subsequent matrices submitted 

under paragraph (1). 

(B) ELEMENTS.—After the submission of the first set 

of matrices required by paragraph (1), each update submitted under paragraph (4) and each subsequent set of 

matrices submitted under paragraph (1) shall— 

(i) clearly identify changes in key milestones, 

development events, and specific performance goals 

identified in the first set of matrices under subparagraph (A) of paragraph (2); 

(ii) provide updated cost estimates under subparagraph (B) of such paragraph; and 

(iii) provide updated plans and status under 

subparagraph (C) of such paragraph. 

(6) ASSESSMENT BY COMPTROLLER GENERAL OF THE UNITED

STATES.—Not later than 60 days after receiving the matrices 

described in paragraph (2) for a year as required by paragraph 

(1), the Comptroller General shall— 

(A) assess the acquisition progress made with respect 

to the next generation interceptor program; and 

(B) provide to the congressional defense committees 

a briefing on the results of that assessment. 

(7) TERMINATION.—The requirements of this subsection 

shall terminate on the date that is one year after the date 

on which the next generation interceptor program is approved 

to enter the product development phase. 

SEC. 1669. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND 

ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CODEVELOPMENT AND CO-PRODUCTION. 

(a) IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM.— 

(1) AVAILABILITY OF FUNDS.—Of the funds authorized to 

be appropriated by this Act for fiscal year 2022 for procurement, 

Defense-wide, and available for the Missile Defense Agency, 

not more than $108,000,000 may be provided to the Government 

of Israel to procure components for the Iron Dome short-range 

rocket defense system through co-production of such components in the United States by industry of the United States. 

(2) CONDITIONS.— 

(A) AGREEMENT.—Funds described in paragraph (1) 

for the Iron Dome short-range rocket defense program shall 

be available subject to the terms and conditions in the 

Agreement Between the Department of Defense of the 

Deadline. 

Time period. 

Deadline. 


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135 STAT. 2110 PUBLIC LAW 117–81—DEC. 27, 2021 

United States of America and the Ministry of Defense 

of the State of Israel Concerning Iron Dome Defense System 

Procurement, signed on March 5, 2014, as amended to 

include co-production for Tamir interceptors. 

(B) CERTIFICATION.—Not later than 30 days prior to 

the initial obligation of funds described in paragraph (1), 

the Under Secretary of Defense for Acquisition and 

Sustainment shall submit to the appropriate congressional 

committees— 

(i) a certification that the amended bilateral international agreement specified in subparagraph (A) is 

being implemented as provided in such agreement; 

(ii) an assessment detailing any risks relating to 

the implementation of such agreement; and 

(iii) for system improvements resulting in modified 

Iron Dome components and Tamir interceptor subcomponents, a certification that the Government of 

Israel has demonstrated successful completion of 

Production Readiness Reviews, including the validation 

of production lines, the verification of component 

conformance, and the verification of performance to 

specification as defined in the Iron Dome Defense 

System Procurement Agreement, as further amended. 

(b) ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM, DAVID’S

SLING WEAPON SYSTEM CO-PRODUCTION.— 

(1) IN GENERAL.—Subject to paragraph (3), of the funds 

authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense 

Agency, not more than $30,000,000 may be provided to the 

Government of Israel to procure the David’s Sling Weapon 

System, including for co-production of parts and components 

in the United States by United States industry. 

(2) AGREEMENT.—Provision of funds specified in paragraph 

(1) shall be subject to the terms and conditions in the bilateral 

co-production agreement, including— 

(A) a one-for-one cash match is made by Israel or 

in another matching amount that otherwise meets best 

efforts (as mutually agreed to by the United States and 

Israel); and 

(B) co-production of parts, components, and all-up 

rounds (if appropriate) in the United States by United 

States industry for the David’s Sling Weapon System is 

not less than 50 percent. 

(3) CERTIFICATION AND ASSESSMENT.—The Under Secretary 

of Defense for Acquisition and Sustainment shall submit to 

the appropriate congressional committees— 

(A) a certification that the Government of Israel has 

demonstrated the successful completion of the knowledge 

points, technical milestones, and production readiness 

reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David’s Sling Weapon System; and 

(B) an assessment detailing any risks relating to the 

implementation of such agreement. 

(c) ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM, ARROW

3 UPPER TIER INTERCEPTOR PROGRAM CO-PRODUCTION.— 

Assessment. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2111 

(1) IN GENERAL.—Subject to paragraph (2), of the funds 

authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense 

Agency not more than $62,000,000 may be provided to the 

Government of Israel for the Arrow 3 Upper Tier Interceptor 

Program, including for co-production of parts and components 

in the United States by United States industry. 

(2) CERTIFICATION.—The Under Secretary of Defense for 

Acquisition and Sustainment shall submit to the appropriate 

congressional committees a certification that— 

(A) the Government of Israel has demonstrated the 

successful completion of the knowledge points, technical 

milestones, and production readiness reviews required by 

the research, development, and technology agreement for 

the Arrow 3 Upper Tier Interceptor Program; 

(B) funds specified in paragraph (1) will be provided 

on the basis of a one-for-one cash match made by Israel 

or in another matching amount that otherwise meets best 

efforts (as mutually agreed to by the United States and 

Israel); 

(C) the United States has entered into a bilateral international agreement with Israel that establishes, with 

respect to the use of such funds— 

(i) in accordance with subparagraph (D), the terms 

of co-production of parts and components on the basis 

of the greatest practicable co-production of parts, 

components, and all-up rounds (if appropriate) by 

United States industry and minimizes nonrecurring 

engineering and facilitization expenses to the costs 

needed for co-production; 

(ii) complete transparency on the requirement of 

Israel for the number of interceptors and batteries 

that will be procured, including with respect to the 

procurement plans, acquisition strategy, and funding 

profiles of Israel; 

(iii) technical milestones for co-production of parts 

and components and procurement; 

(iv) a joint affordability working group to consider 

cost reduction initiatives; and 

(v) joint approval processes for third-party sales; 

and 

(D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent. 

(d) NUMBER.—In carrying out paragraph (2) of subsection (b) 

and paragraph (2) of subsection (c), the Under Secretary may 

submit— 

(1) one certification covering both the David’s Sling Weapon 

System and the Arrow 3 Upper Tier Interceptor Program; or 

(2) separate certifications for each respective system. 

(e) TIMING.—The Under Secretary shall submit to the congressional defense committees the certification and assessment under 

subsection (b)(3) and the certification under subsection (c)(2) no 

later than 30 days before the funds specified in paragraph (1) 

of subsections (b) and (c) for the respective system covered by 

the certification are provided to the Government of Israel. 

(f) WORKSHARE FOR IRON DOME REPLENISHMENT EFFORTS.— 

Deadline. 


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(1) MAINTENANCE OF AGREEMENT.—With respect to 

replenishment efforts for the Iron Dome short-range rocket 

defense system carried out during fiscal year 2022, the Secretary of Defense may seek to maintain a workshare agreement 

for the United States production of systems that are covered, 

as of the date of the enactment of this Act, under the memorandum of understanding regarding United States and Israeli 

cooperation on missile defense. 

(2) BRIEFING.—The Secretary of Defense shall provide to 

the appropriate congressional committees a briefing detailing 

the terms of any workshare agreements described by paragraph 

(1). 

(g) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of Representatives. 

SEC. 1670. UPDATE OF STUDY ON DISCRIMINATION CAPABILITIES OF 

THE BALLISTIC MISSILE DEFENSE SYSTEM. 

(a) UPDATE.—The Secretary of Defense shall enter into an 

arrangement with the private scientific advisory group known as 

JASON under which JASON shall carry out an update to the 

study conducted pursuant to section 237 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 

Stat. 2236) on the discrimination capabilities and limitations of 

the missile defense system of the United States, including such 

discrimination capabilities that exist or are planned as of the date 

of the update. 

(b) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study. 

(c) FORM.—The report under subsection (b) may be submitted 

in classified form, but shall contain an unclassified summary. 

SEC. 1671. SEMIANNUAL UPDATES ON MEETINGS HELD BY THE MISSILE DEFENSE EXECUTIVE BOARD. 

(a) SEMIANNUAL UPDATES.—Not later than March 1 and September 1 of each year, the Under Secretary of Defense for Research 

and Engineering and the Under Secretary of Defense for Acquisition 

and Sustainment, acting in their capacities as co-chairs of the 

Missile Defense Executive Board pursuant to section 1681(c) of 

the John S. McCain National Defense Authorization Act for Fiscal 

Year 2019 (Public Law 115–232; 132 Stat. 2162), shall provide 

to the congressional defense committees a semiannual update 

including, with respect to the six-month period preceding the 

update— 

(1) the dates on which the Board met; and 

(2) except as provided by subsection (b), a summary of 

any decisions made by the Board at each meeting of the Board 

and the rationale for and options that informed such decisions. 

(b) EXCEPTION FOR CERTAIN BUDGETARY MATTERS.—The cochairs shall not be required to include in a semiannual update 

under subsection (a) the matters described in paragraph (2) of 

such subsection with respect to decisions of the Board relating 

to the budget of the President for a fiscal year if the budget 

Deadlines. 

10 USC 133a 

note. 

Time period. 


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for that fiscal year has not been submitted to Congress under 

section 1105 of title 31, United States Code, as of the date of 

the semiannual update. 

(c) FORM OF UPDATE.—The co-chairs may provide a semiannual 

update under subsection (a) either in the form of a briefing or 

a written report. 

(d) TECHNICAL AMENDMENTS.— (1) FY18 NDAA.—Section 1676(c)(3)(B) of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 

115–91; 10 U.S.C. 205 note) is amended by striking ‘‘chairman’’ 

and inserting ‘‘chair’’. 

(2) FY19 NDAA.—Section 1681(c) of the John S. McCain 

National Defense Authorization Act for Fiscal Year 2019 (Public 

Law 115–232; 132 Stat. 2162) is amended— 

(A) in the matter preceding paragraph (1), by striking 

‘‘chairman’’ and inserting ‘‘chair’’; and 

(B) in paragraph (2), by striking ‘‘co-chairman’’ and 

inserting ‘‘co-chair’’. 

SEC. 1672. MATTERS REGARDING INTEGRATED DETERRENCE REVIEW. 

(a) REPORTS.—Not later than 30 days after the date on which 

the Integrated Deterrence Review that commenced during 2021 

is submitted to the congressional defense committees, the Secretary 

of Defense shall submit to the congressional defense committees 

the following: 

(1) Each final report, assessment, and guidance document 

produced by the Department of Defense pursuant to the 

Integrated Deterrence Review or during subsequent actions 

taken to implement the conclusions of the Integrated Deterrence Review, including with respect to each covered review. 

(2) A report explaining how each such covered review differs 

from the previous such review. 

(b) CERTIFICATIONS.—Not later than 30 days after the date 

on which a covered review is submitted to the congressional defense 

committees, the Chairman of the Joint Chiefs of Staff, the Vice 

Chairman of the Joint Chiefs of Staff, and the Commander of 

the United States Strategic Command shall each directly submit 

to such committees— 

(1) a certification regarding whether the Chairman, Vice 

Chairman, or Commander, as the case may be, had the opportunity to provide input into the covered review; and 

(2) a description of the degree to which the covered reviews 

differ from the military advice contained in such input (or, 

if there was no opportunity to provide such input, would have 

been contained in the input if so provided). 

(c) COVERED REVIEW DEFINED.—In this section, the term ‘‘covered review’’ means— 

(1) the Missile Defense Review that commenced during 

2021; and 

(2) the Nuclear Posture Review that commenced during 

2021. 

SEC. 1673. SEMIANNUAL NOTIFICATIONS REGARDING MISSILE 

DEFENSE TESTS AND COSTS. 

(a) SEMIANNUAL NOTIFICATIONS REQUIRED.—For each period 

described in subsection (b), the Director of the Missile Defense 

Agency shall submit to the congressional defense committees a 

notification of all— 

Deadline. 


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(1) flight tests (intercept and non-intercept) planned to 

occur during the period covered by the notification based on 

the Integrated Master Test Plan the Director used to support 

the President’s budget submission under section 1105 of title 

31, United States Code, for the fiscal year of the period covered; 

and 

(2) ground tests planned to occur during such period based 

on such plan. 

(b) PERIODS DESCRIBED.—The periods described in this subsection are— 

(1) the first 180-calendar-day period beginning on the date 

that is 90 days after the date of the enactment of this Act; 

and 

(2) each subsequent, sequential 180-calendar-day period 

beginning thereafter until the date that is five years and 90 

calendar days after the date of the enactment of this Act. 

(c) TIMING OF NOTIFICATION.—Each notification submitted 

under subsection (a) for a period described in subsection (b) shall 

be submitted— 

(1) not earlier than 30 calendar days before the last day 

of the period; and 

(2) not later than the last day of the period. 

(d) CONTENTS.—Each notification submitted under subsection 

(a) shall include the following: 

(1) For the period covered by the notification: 

(A) With respect to each flight test described in subsection (a)(1), the following: 

(i) The entity responsible for leading the flight 

test (such as the Missile Defense Agency, the Army, 

or the Navy) and the classification level of the flight 

test. 

(ii) The planned cost (the most recent flight test 

cost estimate, including interceptors and targets), the 

actual costs and expenditures to-date, and an estimate 

of any remaining costs and expenditures. 

(iii) All funding (including any appropriated, transferred, or reprogrammed funding) the Agency has 

received to-date for the flight test. 

(iv) All changes made to the scope and objectives 

of the flight test and an explanation for such changes. 

(v) The status of the flight test, such as conductedobjectives achieved, conducted-objectives not achieved 

(failure or no-test), delayed, or canceled. 

(vi) In the event of a flight test status of conductedobjectives not achieved (failure or no-test), delayed, 

or canceled— 

(I) the reasons the flight test did not succeed 

or occur; 

(II) in the event of a flight test status of failure 

or no-test, the plan and cost estimate to retest, 

if necessary, and any contractor liability, if appropriate; 

(III) in the event of a flight test delay, the 

fiscal year and quarter the objectives were first 

planned to be met, the names of the flight tests 

the objectives have been moved to, the aggregate 

Termination 

date. 


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duration of the delay to-date, and, if applicable, 

any risks to the warfighter from the delay; and 

(IV) in the event of a flight test cancellation, 

the fiscal year and quarter the objectives were 

first planned to be met, whether the objectives 

from the canceled test were met by other means, 

moved to a different flight test, or removed, a 

revised spend plan for the remaining funding the 

agency received for the flight test to-date, and, 

if applicable, any risks to the warfighter from the 

cancellation; and 

(vii) the status of any decisions reached by failure 

review boards open or completed during the period 

covered by the notification. 

(B) With respect to each ground test described in subsection (a)(2), the following: 

(i) The planned cost (the most recent ground test 

cost estimate), the actual costs and expenditures todate, and an estimate of any remaining costs and 

expenditures. 

(ii) The designation of the ground test, whether 

developmental, operational, or both. 

(iii) All changes made to the scope and objectives 

of the ground test and an explanation for such changes. 

(iv) The status of the ground test, such as conducted-objectives achieved, conducted-objectives not 

achieved (failure or no-test), delayed, or canceled. 

(v) In the case of a ground test status of conductedobjectives not achieved (failure or no-test), delayed, 

or canceled— 

(I) the reasons the ground test did not succeed 

or occur; and 

(II) if applicable, any risks to the warfighter 

from the ground test not succeeding or occurring; 

(vi) The participating system and element models 

used for conducting ground tests and the accreditation 

status of the participating system and element models. 

(vii) Identification of any cybersecurity tests conducted or planned to be conducted as part of the ground 

test. 

(viii) For each cybersecurity test identified under 

subparagraph (G), the status of the cybersecurity test, 

such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled. 

(ix) In the case of a cybersecurity test identified 

under subparagraph (G) with a status of conductedobjectives, not achieved, delayed, or canceled— 

(I) the reasons for such status; and 

(II) any risks, if applicable, to the warfighter 

from the cybersecurity test not succeeding or occurring. 

(2) To the degree applicable and known, the matters covered by paragraph (1) but for the period subsequent to the 

covered period. 

(e) EVENTS SPANNING MULTIPLE NOTIFICATION PERIODS.— Events that span from one period described in subsection (b) into 


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another period described in such subsection, such as a the case 

of a failure review board convening in one period and reaching 

a decision in the following period, shall be covered by notifications 

under subsection (a) for both periods. 

(f) FORM.—Each notification submitted under subsection (a) 

shall be submitted in unclassified form, but may include a classified 

annex. 

SEC. 1674. REPORT ON SENIOR LEADERSHIP OF MISSILE DEFENSE 

AGENCY. 

Not later than 60 days after the date of the enactment of 

this Act, the Director of the Missile Defense Agency shall submit 

to the congressional defense committees a report detailing the following: 

(1) The responsibilities of the positions of the Director, 

Sea-based Weapons Systems, and the Deputy Director of the 

Missile Defense Agency. 

(2) The role of the officials who occupy these positions 

with respect to the functional combatant commands with missile defense requirements. 

(3) The rationale and benefit of having an official in these 

positions who is a general officer or flag officer versus a civilian. 

SEC. 1675. INDEPENDENT STUDY OF ROLES AND RESPONSIBILITIES 

OF DEPARTMENT OF DEFENSE COMPONENTS RELATING 

TO MISSILE DEFENSE. 

(a) INDEPENDENT STUDY AND REPORT.— 

(1) CONTRACT.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary of Defense shall seek 

to enter into a contract with the National Academy of Public 

Administration (in this section referred to as the ‘‘Academy’’) 

for the Academy to perform the services covered by this subsection. 

(2) STUDY AND REPORT.— 

(A) ROLES AND RESPONSIBILITIES.—Under an agreement between the Secretary and the Academy under this 

subsection, the Academy shall carry out an study regarding 

the roles and responsibilities of the various components 

of the Department of Defense as they pertain to missile 

defense. 

(B) MATTERS INCLUDED.—The study required by 

subparagraph (A) shall include the following: 

(i) A comprehensive assessment and analysis of 

existing Department component roles and responsibilities for the full range of missile defense activities, 

including establishment of requirements, research and 

development, system acquisition, and operations. 

(ii) Identification of gaps in component capability 

of each applicability component for performing its 

assigned missile defense roles and responsibilities. 

(iii) Identification of opportunities for deconflicting 

mission sets, eliminating areas of unnecessary duplication, reducing waste, and improving efficiency across 

the full range of missile defense activities. 

(iv) Development of a timetable for the 

implementation of the opportunities identified under 

clause (iii). 

Assessment. 


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(v) Development of recommendations for such 

legislative or administrative action as the Academy 

considers appropriate pursuant to carrying out clauses 

(i) through (iv). 

(vi) Such other matters as the Secretary may 

require. 

(C) REPORT.— (i) REQUIREMENT.—Not later than one year after 

the date on which the Secretary and the Academy 

enter into a contract under paragraph (1), the Academy 

shall submit to the Secretary and the congressional 

defense committees a report on the study conducted 

under subparagraph (A). 

(ii) ELEMENTS.—The report submitted under clause 

(i) shall include the findings of the Academy with 

respect to the study carried out under subparagraph 

(A) and any recommendations the Academy may have 

for legislative or administrative action pursuant to 

such study. 

(3) ALTERNATE CONTRACT ORGANIZATION.— 

(A) AGREEMENT.—If the Secretary is unable within 

the time period prescribed in paragraph (1) to enter into 

an agreement described in such paragraph with the 

Academy on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with 

another appropriate organization that— 

(i) is not part of the Government; 

(ii) operates as a not-for-profit entity; and 

(iii) has expertise and objectivity comparable to 

that of the Academy. 

(B) REFERENCES.—If the Secretary enters into an 

agreement with another organization as described in 

subparagraph (A), any reference in this subsection to the 

Academy shall be treated as a reference to the other 

organization. 

(b) REPORT BY SECRETARY OF DEFENSE.—Not later than 120 

days after the date on which the report is submitted pursuant 

to subsection (a)(2)(C), the Secretary shall submit to the congressional defense committees a report on the views of the Secretary 

on the findings and recommendations set forth in the report submitted under such subsection, together with such recommendations 

as the Secretary may have for changes in the structure, functions, 

responsibilities, and authorities of the Department. 

Subtitle E—Other Matters 

SEC. 1681. COOPERATIVE THREAT REDUCTION FUNDS. 

(a) FUNDING ALLOCATION.—Of the $344,849,000 authorized to 

be appropriated to the Department of Defense for fiscal year 2022 

in section 301 and made available by the funding table in division 

D for the Department of Defense Cooperative Threat Reduction 

Program established under section 1321 of the Department of 

Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the 

following amounts may be obligated for the purposes specified: 

(1) For strategic offensive arms elimination, $2,997,000. 

(2) For chemical weapons destruction, $13,250,000. 

Recommendations. 

Recommendations. 


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(3) For global nuclear security, $17,767,000. 

(4) For cooperative biological engagement, $229,022,000. 

(5) For proliferation prevention, $58,754,000. 

(6) For activities designated as Other Assessments/ Administrative Costs, $23,059,000. 

(b) SPECIFICATION OF COOPERATIVE THREAT REDUCTION

FUNDS.—Funds appropriated pursuant to the authorization of 

appropriations in section 301 and made available by the funding 

table in division D for the Department of Defense Cooperative 

Threat Reduction Program shall be available for obligation for 

fiscal years 2022, 2023, and 2024. 

SEC. 1682. MODIFICATION TO ESTIMATE OF DAMAGES FROM FEDERAL 

COMMUNICATIONS COMMISSION ORDER 20–48. 

Section 1664 of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283) is amended— 

(1) in subsection (a), in the matter preceding paragraph 

(1), by inserting ‘‘or any subsequent fiscal year’’ after ‘‘fiscal 

year 2021’’; and 

(2) by adding at the end the following new subsections: 

‘‘(d) DISTRIBUTION OF ESTIMATE.—As soon as practicable after 

submitting an estimate as described in paragraph (1) of subsection 

(a) and making the certification described in paragraph (2) of such 

subsection, the Secretary shall make such estimate available to 

any licensee operating under the Order and Authorization described 

in such subsection. 

‘‘(e) AUTHORITY OF SECRETARY OF DEFENSE TO SEEK RECOVERY

OF COSTS.—The Secretary may work directly with any licensee 

(or any future assignee, successor, or purchaser) affected by the 

Order and Authorization described in subsection (a) to seek recovery 

of costs incurred by the Department as a result of the effect of 

such order and authorization. 

‘‘(f) REIMBURSEMENT.— ‘‘(1) IN GENERAL.—The Secretary shall establish and facilitate a process for any licensee (or any future assignee, successor, or purchaser) subject to the Order and Authorization 

described in subsection (a) to provide reimbursement to the 

Department, only to the extent provided in appropriation Acts, 

for the covered costs and eligible reimbursable costs submitted 

and certified to the congressional defense committees under 

such subsection. 

‘‘(2) USE OF FUNDS.—The Secretary shall use any funds 

received under this subsection, to the extent and in such 

amounts as are provided in advance in appropriation Acts, 

for covered costs described in subsection (b) and the range 

of eligible reimbursable costs identified under subsection (a)(1). 

‘‘(3) REPORT.—Not later than 90 days after the date on 

which the Secretary establishes the process required by paragraph (1), the Secretary shall submit to the congressional 

defense committees a report on such process.’’. 

SEC. 1683. ESTABLISHMENT OF OFFICE, ORGANIZATIONAL STRUCTURE, AND AUTHORITIES TO ADDRESS UNIDENTIFIED 

AERIAL PHENOMENA. 

(a) ESTABLISHMENT OF OFFICE.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense, 

in coordination with the Director of National Intelligence, shall 

Deadline. 

50 USC 3373. 


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establish an office within a component of the Office of the Secretary 

of Defense, or within a joint organization of the Department of 

Defense and the Office of the Director of National Intelligence, 

to carry out the duties of the Unidentified Aerial Phenomena Task 

Force, as in effect on the day before the date of enactment of 

this Act, and such other duties as are required by this section. 

(b) DUTIES.—The duties of the Office established under subsection (a) shall include the following: 

(1) Developing procedures to synchronize and standardize 

the collection, reporting, and analysis of incidents, including 

adverse physiological effects, regarding unidentified aerial phenomena across the Department of Defense and the intelligence 

community. 

(2) Developing processes and procedures to ensure that 

such incidents from each component of the Department and 

each element of the intelligence community are reported and 

incorporated in a centralized repository. 

(3) Establishing procedures to require the timely and consistent reporting of such incidents. 

(4) Evaluating links between unidentified aerial phenomena and adversarial foreign governments, other foreign 

governments, or nonstate actors. 

(5) Evaluating the threat that such incidents present to 

the United States. 

(6) Coordinating with other departments and agencies of 

the Federal Government, as appropriate, including the Federal 

Aviation Administration, the National Aeronautics and Space 

Administration, the Department of Homeland Security, the 

National Oceanic and Atmospheric Administration, and the 

Department of Energy. 

(7) Coordinating with allies and partners of the United 

States, as appropriate, to better assess the nature and extent 

of unidentified aerial phenomena. 

(8) Preparing reports for Congress, in both classified and 

unclassified form, including under subsection (i). 

(c) RESPONSE TO AND FIELD INVESTIGATIONS OF UNIDENTIFIED

AERIAL PHENOMENA.— 

(1) DESIGNATION.—The Secretary, in coordination with the 

Director, shall designate one or more line organizations within 

the Department of Defense and the intelligence community 

that possess appropriate expertise, authorities, accesses, data, 

systems, platforms, and capabilities to rapidly respond to, and 

conduct field investigations of, incidents involving unidentified 

aerial phenomena under the direction of the head of the Office 

established under subsection (a). 

(2) ABILITY TO RESPOND.—The Secretary, in coordination 

with the Director, shall ensure that each line organization 

designated under paragraph (1) has adequate personnel with 

the requisite expertise, equipment, transportation, and other 

resources necessary to respond rapidly to incidents or patterns 

of observations involving unidentified aerial phenomena of 

which the Office becomes aware. 

(d) SCIENTIFIC, TECHNOLOGICAL, AND OPERATIONAL ANALYSES

OF DATA ON UNIDENTIFIED AERIAL PHENOMENA.— 

(1) DESIGNATION.—The Secretary, in coordination with the 

Director, shall designate one or more line organizations that 


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will be primarily responsible for scientific, technical, and operational analysis of data gathered by field investigations conducted pursuant to subsection (c) and data from other sources, 

including with respect to the testing of materials, medical 

studies, and development of theoretical models, to better understand and explain unidentified aerial phenomena. 

(2) AUTHORITY.—The Secretary and the Director shall each 

issue such directives as are necessary to ensure that the each 

line organization designated under paragraph (1) has authority 

to draw on the special expertise of persons outside the Federal 

Government with appropriate security clearances. 

(e) DATA; INTELLIGENCE COLLECTION.— 

(1) AVAILABILITY OF DATA AND REPORTING ON UNIDENTIFIED

AERIAL PHENOMENA.—The Director and the Secretary shall 

each, in coordination with one another, ensure that— 

(A) each element of the intelligence community with 

data relating to unidentified aerial phenomena makes such 

data available immediately to the Office established under 

subsection (a) or to an entity designated by the Secretary 

and the Director to receive such data; and 

(B) military and civilian personnel of the Department 

of Defense or an element of the intelligence community, 

and contractor personnel of the Department or such an 

element, have access to procedures by which the personnel 

shall report incidents or information, including adverse 

physiological effects, involving or associated with unidentified aerial phenomena directly to the Office or to an entity 

designated by the Secretary and the Director to receive 

such information. 

(2) INTELLIGENCE COLLECTION AND ANALYSIS PLAN.—The 

head of the Office established under subsection (a), acting on 

behalf of the Secretary of Defense and the Director of National 

Intelligence, shall supervise the development and execution 

of an intelligence collection and analysis plan to gain as much 

knowledge as possible regarding the technical and operational 

characteristics, origins, and intentions of unidentified aerial 

phenomena, including with respect to the development, acquisition, deployment, and operation of technical collection capabilities necessary to detect, identify, and scientifically characterize 

unidentified aerial phenomena. 

(3) USE OF RESOURCES AND CAPABILITIES.—In developing 

the plan under paragraph (2), the head of the Office established 

under subsection (a) shall consider and propose, as the head 

determines appropriate, the use of any resource, capability, 

asset, or process of the Department and the intelligence community. 

(f) SCIENCE PLAN.—The head of the Office established under 

subsection (a), on behalf of the Secretary and the Director, shall 

supervise the development and execution of a science plan to develop 

and test, as practicable, scientific theories to— 

(1) account for characteristics and performance of unidentified aerial phenomena that exceed the known state of the 

art in science or technology, including in the areas of propulsion, 

aerodynamic control, signatures, structures, materials, sensors, 

countermeasures, weapons, electronics, and power generation; 

and 


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(2) provide the foundation for potential future investments 

to replicate any such advanced characteristics and performance. 

(g) ASSIGNMENT OF PRIORITY.—The Director, in consultation 

with, and with the recommendation of the Secretary, shall assign 

an appropriate level of priority within the National Intelligence 

Priorities Framework to the requirement to understand, characterize, and respond to unidentified aerial phenomena. 

(h) ANNUAL REPORT.— 

(1) REQUIREMENT.—Not later than October 31, 2022, and 

annually thereafter until October 31, 2026, the Director, in 

consultation with the Secretary, shall submit to the appropriate 

congressional committees a report on unidentified aerial phenomena. 

(2) ELEMENTS.—Each report under paragraph (1) shall 

include, with respect to the year covered by the report, the 

following information: 

(A) All reported unidentified aerial phenomena-related 

events that occurred during the one-year period. 

(B) All reported unidentified aerial phenomena-related 

events that occurred during a period other than that oneyear period but were not included in an earlier report. 

(C) An analysis of data and intelligence received 

through each reported unidentified aerial phenomenarelated event. 

(D) An analysis of data relating to unidentified aerial 

phenomena collected through— 

(i) geospatial intelligence; 

(ii) signals intelligence; 

(iii) human intelligence; and 

(iv) measurement and signature intelligence. 

(E) The number of reported incidents of unidentified 

aerial phenomena over restricted air space of the United 

States during the one-year period. 

(F) An analysis of such incidents identified under 

subparagraph (E). 

(G) Identification of potential aerospace or other 

threats posed by unidentified aerial phenomena to the 

national security of the United States. 

(H) An assessment of any activity regarding unidentified aerial phenomena that can be attributed to one or 

more adversarial foreign governments. 

(I) Identification of any incidents or patterns regarding 

unidentified aerial phenomena that indicate a potential 

adversarial foreign government may have achieved a breakthrough aerospace capability. 

(J) An update on the coordination by the United States 

with allies and partners on efforts to track, understand, 

and address unidentified aerial phenomena. 

(K) An update on any efforts underway on the ability 

to capture or exploit discovered unidentified aerial phenomena. 

(L) An assessment of any health-related effects for 

individuals that have encountered unidentified aerial phenomena. 

(M) The number of reported incidents, and descriptions 

thereof, of unidentified aerial phenomena associated with 

Assessment. 

Assessment. 

Data. 

Data. 

Termination 

date. 

Consultation. 


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military nuclear assets, including strategic nuclear 

weapons and nuclear-powered ships and submarines. 

(N) In consultation with the Administrator for Nuclear 

Security, the number of reported incidents, and descriptions 

thereof, of unidentified aerial phenomena associated with 

facilities or assets associated with the production, transportation, or storage of nuclear weapons or components 

thereof. 

(O) In consultation with the Chairman of the Nuclear 

Regulatory Commission, the number of reported incidents, 

and descriptions thereof, of unidentified aerial phenomena 

or drones of unknown origin associated with nuclear power 

generating stations, nuclear fuel storage sites, or other 

sites or facilities regulated by the Nuclear Regulatory 

Commission. 

(P) The names of the line organizations that have 

been designated to perform the specific functions under 

subsections (c) and (d), and the specific functions for which 

each such line organization has been assigned primary 

responsibility. 

(3) FORM.—Each report submitted under paragraph (1) 

shall be submitted in unclassified form, but may include a 

classified annex. 

(i) SEMIANNUAL BRIEFINGS.— 

(1) REQUIREMENT.—Not later than 90 days after the date 

of the enactment of this Act and not less frequently than 

semiannually thereafter until December 31, 2026, the head 

of the Office established under subsection (a) shall provide 

to the congressional committees specified in subparagraphs (A), 

(B), and (D) of subsection (l)(1) classified briefings on unidentified aerial phenomena. 

(2) FIRST BRIEFING.—The first briefing provided under paragraph (1) shall include all incidents involving unidentified aerial 

phenomena that were reported to the Unidentified Aerial Phenomena Task Force or to the Office established under subsection (a) after June 24, 2021, regardless of the date of occurrence of the incident. 

(3) SUBSEQUENT BRIEFINGS.—Each briefing provided subsequent to the first briefing described in paragraph (2) shall 

include, at a minimum, all events relating to unidentified aerial 

phenomena that occurred during the previous 180 days, and 

events relating to unidentified aerial phenomena that were 

not included in an earlier briefing. 

(4) INSTANCES IN WHICH DATA WAS NOT SHARED.—For each 

briefing period, the head of the Office established under subsection (a) shall jointly provide to the chairman and the ranking 

minority member or vice chairman of the congressional committees specified in subparagraphs (A) and (D) of subsection (k)(1) 

an enumeration of any instances in which data relating to 

unidentified aerial phenomena was not provided to the Office 

because of classification restrictions on that data or for any 

other reason. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated such sums as may be necessary to carry out 

the work of the Office established under subsection (a), including 

with respect to— 

Deadline. 

Termination 

date. 

Consultation. 

Consultation. 


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(1) general intelligence gathering and intelligence analysis; 

and 

(2) strategic defense, space defense, defense of controlled 

air space, defense of ground, air, or naval assets, and related 

purposes. 

(k) TASK FORCE TERMINATION.—Not later than the date on 

which the Secretary establishes the Office under subsection (a), 

the Secretary shall terminate the Unidentified Aerial Phenomenon 

Task Force. 

(l) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the following: 

(A) The Committees on Armed Services of the House 

of Representatives and the Senate. 

(B) The Committees on Appropriations of the House 

of Representatives and the Senate. 

(C) The Committee on Foreign Affairs of the House 

of Representatives and the Committee on Foreign Relations 

of the Senate. 

(D) The Permanent Select Committee on Intelligence 

of the House of Representatives and the Select Committee 

on Intelligence of the Senate. 

(2) The term ‘‘intelligence community’’ has the meaning 

given such term in section 3 of the National Security Act 

of 1947 (50 U.S.C. 3003). 

(3) The term ‘‘line organization’’ means, with respect to 

a department or agency of the Federal Government, an 

organization that executes programs and activities to directly 

advance the core functions and missions of the department 

or agency to which the organization is subordinate, but, with 

respect to the Department of Defense, does not include a component of the Office of the Secretary of Defense. 

(4) The term ‘‘transmedium objects or devices’’ means 

objects or devices that are observed to transition between space 

and the atmosphere, or between the atmosphere and bodies 

of water, that are not immediately identifiable. 

(5) The term ‘‘unidentified aerial phenomena’’ means— 

(A) airborne objects that are not immediately identifiable; 

(B) transmedium objects or devices; and 

(C) submerged objects or devices that are not immediately identifiable and that display behavior or performance characteristics suggesting that the objects or devices 

may be related to the objects or devices described in 

subparagraph (A) or (B). 

SEC. 1684. DETERMINATION ON CERTAIN ACTIVITIES WITH 

UNUSUALLY HAZARDOUS RISKS. 

(a) REPORT REQUIRED.—For fiscal years 2022 and 2023, the 

Secretary concerned shall prepare a report for each indemnification 

request made by a covered contractor with respect to a contract. 

Such report shall include the following elements: 

(1) A determination of whether the performance of the 

contract includes an unusually hazardous risk (as defined in 

this section). 

(2) An estimate of the maximum probable loss for claims 

or losses arising out of the contract. 

Time periods. 

Deadline. 


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(3) Consideration of requiring the covered contractor to 

obtain liability insurance to compensate for claims or losses 

to the extent such insurance is available under commercially 

reasonable terms and pricing, including any limits, sub-limits, 

exclusions and other coverage restrictions. 

(4) Consideration of not requiring a covered contractor to 

obtain liability insurance in amounts greater than amounts 

available under commercially reasonable terms and pricing or 

the maximum probable loss, whichever is less. 

(b) SUBMISSION TO CONGRESS.—Not later than 90 days after 

the date on which the Secretary concerned receives an indemnification request by a covered contractor during the period beginning 

on the date of the enactment of this Act and ending on September 

30, 2023, the Secretary concerned shall submit to the congressional 

defense committees the report required under subsection (a). 

(c) REVIEW.— 

(1) REQUIREMENT.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

conduct a review of the implementation by the Department 

of Defense of section 2354 of title 10, United States Code, 

and Executive Order 10789, as amended, pursuant to Public 

Law 85–804 (50 U.S.C. 1431 et seq.) with regard to indemnifying a contractor for the performance of a contract that 

includes unusually hazardous risk. 

(2) MATTERS INCLUDED.—The review required under paragraph (1) shall include the following: 

(A) A determination of the extent to which each Secretary concerned is implementing such section 2354 and 

such Executive Order 10789 consistently. 

(B) Identification of discrepancies and potential remedies in the military departments with respect to such 

implementation. 

(3) BRIEFING.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary shall provide to the 

congressional defense committees a briefing on the findings 

of the review under paragraph (1). 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘covered contractor’’ means a current or 

prospective prime contractor of the Department of Defense. 

(2) The term ‘‘military department’’ has the meaning given 

in section 101 of title 10, United States Code. 

(3) The term ‘‘indemnification request’’ means a request 

for indemnification made by a covered contractor under section 

2354 of title 10, United States Code, or Executive Order 10789, 

as amended, pursuant to public Law 85–804 (50 U.S.C. 1431 

et seq.) that includes sufficient supporting justification to support a determination as required under those provisions. 

(4) The term ‘‘Secretary concerned’’ means— 

(A) the Secretary of the Army, with respect to matters 

concerning the Army; 

(B) the Secretary of the Navy, with respect to matters 

concerning the Navy, the Marine Corps, and the Coast 

Guard when it is operating as a service in the Department 

of the Navy; and 

(C) the Secretary of the Air Force, with respect to 

matters concerning the Air Force and the Space Force. 

Deadline. 

Deadline. 

Deadline. 


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(5) The term ‘‘unusually hazardous risk’’ means risk of 

burning, explosion, detonation, flight or surface impact, or toxic 

or hazardous material release associated with one or more 

of the following products or programs: 

(A) Products or programs relating to any hypersonic 

weapon system, including boost glide vehicles and airbreathing propulsion systems. 

(B) Products or programs relating to rocket propulsion 

systems, including, at a minimum, with respect to rockets, 

missiles, launch vehicles, rocket engines or motors or 

hypersonic weapons systems using either a solid or liquid 

high energy propellant inclusive of any warhead, if any, 

in excess of 1000 pounds of the chemical equivalent of 

TNT. 

(C) Products or programs relating to the introduction, 

fielding or incorporating of any item containing high energy 

propellants, inclusive of any warhead, if any, in excess 

of 1000 pounds of the chemical equivalent of TNT into 

any ship, vessel, submarine, aircraft, or spacecraft. 

(D) Products or programs relating to a classified program where insurance is not available due to the prohibition of disclosure of classified information to commercial 

insurance providers, and without such disclosure access 

to insurance is not possible. 

(E) Any other product or program for which the contract under which the product or program is carried out 

includes a risk that the contract defines as unusually hazardous. 

SEC. 1685. STUDY BY PUBLIC INTEREST DECLASSIFICATION BOARD 

RELATING TO CERTAIN TESTS IN THE MARSHALL 

ISLANDS. 

(a) STUDY.—The Public Interest Declassification Board established by section 703 of the Public Interest Declassification Act 

of 2000 (50 U.S.C. 3355a) shall conduct a study on the feasibility 

of carrying out a declassification review relating to nuclear weapons, 

chemical weapons, or ballistic missile tests conducted by the United 

States in the Marshall Islands, including with respect to cleanup 

activities and the storage of waste relating to such tests. 

(b) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Board shall submit to the Secretary 

of Defense, the Secretary of Energy, and the congressional defense 

committees a report containing the findings of the study conducted 

under subsection (a). The report shall include the following: 

(1) The feasibility of carrying out the declassification review 

described in such subsection. 

(2) The resources required to carry out the declassification 

review. 

(3) A timeline to complete such the declassification review. 

(4) Any other issues the Board determines relevant. 

(c) COMMENTS.—The Secretary of Defense and the Secretary 

of Energy may submit to the congressional defense committees 

any comments the respective Secretary determines relevant with 

respect to the report submitted under subsection (b). 

(d) ASSISTANCE.—The Secretary of Defense and Secretary of 

Energy shall each provide to the Board such assistance as the 

Board requests in conducting the study under subsection (a). 

Timeline. 


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SEC. 1686. PROTECTION OF MAJOR RANGE AND TEST FACILITY BASE. 

The Secretary of Defense may authorize, consistent with the 

authorities of the Secretary, such actions as are necessary to mitigate threats posed by space-based assets to the security or operation 

of the Major Range and Test Facility Base (as defined in section 

196(i) of title 10, United States Code). 

SEC. 1687. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE UNITED STATES. 

(a) ESTABLISHMENT.—There is established in the legislative 

branch a commission to be known as the ‘‘Congressional Commission 

on the Strategic Posture of the United States’’ (in this section 

referred to as the ‘‘Commission’’). The purpose of the Commission 

is to examine and make recommendations to the President and 

Congress with respect to the long-term strategic posture of the 

United States. 

(b) COMPOSITION.— 

(1) MEMBERSHIP.—The Commission shall be composed of 

12 members appointed as follows: 

(A) One by the Speaker of the House of Representatives. 

(B) One by the minority leader of the House of Representatives. 

(C) One by the majority leader of the Senate. 

(D) One by the minority leader of the Senate. 

(E) Two by the chairperson of the Committee on Armed 

Services of the House of Representatives. 

(F) Two by the ranking minority member of the Committee on Armed Services of the House of Representatives. 

(G) Two by the chairperson of the Committee on Armed 

Services of the Senate. 

(H) Two by the ranking minority member of the Committee on Armed Services of the Senate. 

(2) QUALIFICATIONS.— 

(A) IN GENERAL.—The members appointed under paragraph (1) shall be from among individuals who— 

(i) are United States citizens; 

(ii) are not officers or employees of the Federal 

Government or any State or local government; and 

(iii) have received national recognition and have 

significant depth of experience in such professions as 

governmental service, law enforcement, the Armed 

Forces, law, public administration, intelligence gathering, commerce (including aviation matters), or foreign affairs. 

(B) POLITICAL PARTY AFFILIATION.—Not more than six 

members of the Commission may be appointed from the 

same political party. 

(3) DEADLINE FOR APPOINTMENT.— 

(A) IN GENERAL.—All members of the Commission shall 

be appointed under paragraph (1) not later than 45 days 

after the date of the enactment of this Act. 

(B) EFFECT OF LACK OF APPOINTMENTS BY APPOINTMENT

DATE.—If one or more appointments under paragraph (1) 

is not made by the date specified in subparagraph (A)— 

(i) the authority to make such appointment or 

appointments shall expire; and 

Expiration date. 

Recommendations. 

10 USC 196 note. 


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(ii) the number of members of the Commission 

shall be reduced by the number of appointments not 

made by that date. 

(4) CHAIRPERSON; VICE CHAIRPERSON.— (A) CHAIRPERSON.—The chairpersons of the Committees on Armed Services of the Senate and the House of 

Representatives shall jointly designate one member of the 

Commission to serve as chairperson of the Commission. 

(B) VICE CHAIRPERSON.—The ranking minority members of the Committees on Armed Services of the Senate 

and the House of Representatives shall jointly designate 

one member of the Commission to serve as vice chairperson 

of the Commission. 

(5) ACTIVATION.— (A) IN GENERAL.—The Commission— 

(i) may begin operations under this section on 

the date on which not less than 2⁄3 of the members 

of the Commission have been appointed under paragraph (1); and 

(ii) shall meet and begin the operations of the 

Commission as soon as practicable after the date 

described in clause (i). 

(B) SUBSEQUENT MEETINGS.—After its initial meeting, 

the Commission shall meet upon the call of the chairperson 

or a majority of its members. 

(6) QUORUM.—Eight members of the Commission shall constitute a quorum. 

(7) PERIOD OF APPOINTMENT; VACANCIES.—Members of the 

Commission shall be appointed for the life of the Commission. 

A vacancy in the Commission does not affect the powers of 

the Commission and shall (except as provided by paragraph 

(3)(B)) be filled in the same manner in which the original 

appointment was made. 

(8) REMOVAL OF MEMBERS.— 

(A) IN GENERAL.—A member of the Commission may 

be removed from the Commission for cause by the individual serving in the position responsible for the original 

appointment of the member under paragraph (1), provided 

that notice is first provided to that official of the cause 

for removal, and removal is voted and agreed upon by 

3⁄4 of the members of the Commission. 

(B) VACANCIES.—A vacancy created by the removal 

of a member of the Commission under subparagraph (A) 

does not affect the powers of the Commission and shall 

be filled in the same manner in which the original appointment was made. 

(c) DUTIES.— 

(1) REVIEW.—The Commission shall conduct a review of 

the strategic posture of the United States, including a strategic 

threat assessment and a detailed review of nuclear weapons 

policy, strategy, and force structure and factors affecting the 

strategic stability of near-peer competitors of the United States. 

(2) ASSESSMENT AND RECOMMENDATIONS.— 

(A) ASSESSMENT.—The Commission shall assess— 

(i) the benefits and risks associated with the current strategic posture and nuclear weapons policies 

of the United States; 


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(ii) factors affecting strategic stability that relate 

to the strategic posture; and 

(iii) lessons learned from the findings and conclusions of the Congressional Commission on the Strategic 

Posture of the United States established by section 

1062 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 319) 

and other previous commissions and previous Nuclear 

Posture Reviews. 

(B) RECOMMENDATIONS.—The Commission shall make 

recommendations with respect to— 

(i) the most appropriate strategic posture; 

(ii) the extent to which capabilities other than 

nuclear weapons can contribute to or detract from strategic stability; and 

(iii) the most effective nuclear weapons strategy 

for strategic posture and stability. 

(d) REPORT AND BRIEFING REQUIRED.— 

(1) IN GENERAL.—Not later than December 31, 2022, the 

Commission shall submit to the President and the Committees 

on Armed Services of the Senate and the House of Representatives a report on the Commission’s findings, conclusions, and 

recommendations. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include— 

(A) the recommendations required by subsection 

(c)(2)(B); 

(B) a description of the military capabilities and force 

structure necessary to support the nuclear weapons 

strategy recommended under that subsection, including 

nuclear, nonnuclear kinetic, and nonkinetic capabilities 

that might support the strategy, and other factors that 

might affect strategic stability; 

(C) a description of the nuclear infrastructure (that 

is, the size of the nuclear complex) required to support 

the strategy and the appropriate organizational structure 

for the nuclear security enterprise; 

(D) an assessment of the role of missile defenses in 

the strategy; 

(E) an assessment of the role of cyber defense capabilities in the strategy; 

(F) an assessment of the role of space systems in 

the strategy; 

(G) an assessment of the role of nonproliferation programs in the strategy; 

(H) an assessment of the role of nuclear arms control 

in the strategy; 

(I) an assessment of the political and military implications of the strategy for the United States and its allies; 

and 

(J) any other information or recommendations relating 

to the strategy (or to the strategic posture) that the 

Commission considers appropriate. 

(3) INTERIM BRIEFING.—Not later than 180 days after the 

deadline for appointment of members of the Commission specified in subsection (b)(3)(A), the Commission shall provide to 

the Committees on Armed Services of the Senate and the 

Deadline. 

Assessments. 


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House of Representatives a briefing on the status of the review, 

assessments, and recommendations required by subsection (c), 

including a discussion of any interim recommendations. 

(e) INFORMATION FROM FEDERAL AGENCIES.— (1) IN GENERAL.—The Commission may secure directly from 

the Department of Defense, the National Nuclear Security 

Administration, the Department of State, or the Office of the 

Director of National Intelligence information, suggestions, estimates, and statistics for the purposes of this section. Each 

of such agency shall, to the extent authorized by law, furnish 

such information, suggestions, estimates, and statistics directly 

to the Commission, upon receiving a request made by— 

(A) the chairperson of the Commission; 

(B) the chairperson of any subcommittee of the 

Commission created by a majority of members of the 

Commission; or 

(C) any member of the Commission designated by a 

majority of the Commission for purposes of making requests 

under this paragraph. 

(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.— 

Information, suggestions, estimates, and statistics provided to 

the Commission under paragraph (1) may be received, handled, 

stored, and disseminated only by members of the Commission 

and its staff consistent with all applicable statutes, regulations, 

and Executive orders. 

(f) ASSISTANCE FROM FEDERAL AGENCIES.—In addition to 

information, suggestions, estimates, and statistics provided under 

subsection (e), departments and agencies of the United States may 

provide to the Commission such services, funds, facilities, staff, 

and other support services as those departments and agencies may 

determine advisable and as may be authorized by law. 

(g) COMPENSATION AND TRAVEL EXPENSES.— 

(1) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the 

requirements of section 2105 of title 5, United States Code, 

including the requirements relating to supervision under subsection (a)(3) of such section, the members of the Commission 

shall be deemed to be Federal employees. 

(2) COMPENSATION.—Each member of the Commission may 

be compensated at not to exceed the daily equivalent of the 

annual rate of basic pay in effect for a position at level IV 

of the Executive Schedule under section 5315 of title 5, United 

States Code, for each day during which that member is engaged 

in the actual performance of the duties of the Commission. 

(3) TRAVEL EXPENSES.—While away from their homes or 

regular places of business in the performance of services for 

the Commission, members of the Commission shall be allowed 

travel expenses, including per diem in lieu of subsistence, in 

the same manner as persons employed intermittently in the 

Government service are allowed expenses under section 5703 

of title 5, United States Code. 

(h) STAFF.— (1) EXECUTIVE DIRECTOR.—The Commission shall appoint 

and fix the rate of basic pay for an Executive Director in 

accordance with section 3161(d) of title 5, United States Code. 

(2) PAY.—The Executive Director appointed under paragraph (1) may, with the approval of the Commission, appoint 

and fix the rate of basic pay for additional personnel as staff 

Appointment. 

Estimates. 

Statistics. 


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of the Commission in accordance with section 3161(d) of title 

5, United States Code. 

(i) PERSONAL SERVICES.— 

(1) AUTHORITY TO PROCURE.—The Commission may— 

(A) procure the services of experts or consultants (or 

of organizations of experts or consultants) in accordance 

with the provisions of section 3109 of title 5, United States 

Code; and 

(B) pay in connection with such services travel 

expenses of individuals, including transportation and per 

diem in lieu of subsistence, while such individuals are 

traveling from their homes or places of business to duty 

stations. 

(2) MAXIMUM DAILY PAY RATES.—The daily rate paid an 

expert or consultant procured pursuant to paragraph (1) may 

not exceed the daily equivalent of the annual rate of basic 

pay in effect for a position at level IV of the Executive Schedule 

under section 5315 of title 5, United States Code. 

(j) CONTRACTING AUTHORITY.—The Commission may acquire 

administrative supplies and equipment for Commission use to the 

extent funds are available. 

(k) AUTHORITY TO ACCEPT GIFTS.— 

(1) IN GENERAL.—The Commission may accept, use, and 

dispose of gifts or donations of services, goods, and property 

from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority under this 

paragraph does not extend to gifts of money. 

(2) DOCUMENTATION; CONFLICTS OF INTEREST.—The 

Commission shall document gifts accepted under the authority 

provided by paragraph (1) and shall avoid conflicts of interest 

or the appearance of conflicts of interest. 

(3) COMPLIANCE WITH CONGRESSIONAL ETHICS RULES.— 

Except as specifically provided in this section, a member of 

the Commission shall comply with rules set forth by the Select 

Committee on Ethics of the Senate and the Committee on 

Ethics of the House of Representatives governing employees 

of the Senate and the House of Representatives, respectively. 

(l) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions 

as departments and agencies of the United States. 

(m) COMMISSION SUPPORT.—Not later than 60 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

seek to enter into a contract with a federally funded research 

and development center to provide appropriate staff and administrative support for the activities of the Commission. 

(n) EXPEDITION OF SECURITY CLEARANCES.—The Office of 

Senate Security and the Office of House Security shall ensure 

the expedited processing of appropriate security clearances for personnel appointed to the Commission by offices of the Senate and 

the House of Representatives, respectively, under processes developed for the clearance of legislative branch employees. 

(o) LEGISLATIVE ADVISORY COMMITTEE.—The Commission shall 

operate as a legislative advisory committee and shall not be subject 

to the provisions of the Federal Advisory Committee Act (5 U.S.C. 

App) or section 552b, United States Code (commonly known as 

the ‘‘Government in the Sunshine Act’’). 

Deadline. 

Contracts. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2131 

(p) FUNDING.—Of the amounts authorized to be appropriated 

by this Act for fiscal year 2022 for the Department of Defense, 

up to $7,000,000 shall be made available to the Commission to 

carry out its duties under this section. Funds made available to 

the Commission under the preceding sentence shall remain available until expended. 

(q) TERMINATION.— (1) IN GENERAL.—The Commission, and all authorities 

under this section, shall terminate on the date that is 90 

days after the Commission submits the final report required 

by subsection (d). 

(2) ADMINISTRATIVE ACTIONS BEFORE TERMINATION.—The 

Commission may use the 90-day period described in paragraph 

(1) for the purpose of concluding its activities, including providing testimony to committees of Congress with respect to 

and disseminating the report required by subsection (d). 

TITLE XVII—TECHNICAL AMENDMENTS 

RELATED TO THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES 

Sec. 1701. Technical, conforming, and clerical amendments related to title XVIII of 

the Fiscal Year 2021 NDAA. 

Sec. 1702. Conforming cross reference technical amendments related to the transfer 

and reorganization of defense acquisition statutes. 

SEC. 1701. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS 

RELATED TO TITLE XVIII OF THE FISCAL YEAR 2021 NDAA. 

(a) DEFINITIONS; EFFECTIVE DATE; APPLICABILITY.— (1) DEFINITIONS.—In this section, the terms ‘‘FY2021 

NDAA’’ and ‘‘such Act’’ mean the William M. (Mac) Thornberry 

National Defense Authorization Act for Fiscal Year 2021 (Public 

Law 116–283). 

(2) AMENDMENTS TO APPLY PRE-TRANSFER OF DEFENSE

ACQUISITION STATUTES.—The amendments made by subsections 

(b), (i), and (j) through (v) shall apply as if included in the 

enactment of title XVIII of the FY2021 NDAA as enacted. 

(3) AMENDMENTS TO TAKE EFFECT POST-TRANSFER OF

DEFENSE ACQUISITION STATUTES.—The amendments made by 

subsections (c) through (h) and (w) shall take effect immediately 

after the amendments made by title XVIII of the FY2021 NDAA 

have taken effect. Sections 1883 through 1885 of the FY2021 

NDAA shall apply with respect to the transfers, redesignations, 

and amendments made under such subsections as if such transfers, redesignations, and amendments were made under title 

XVIII of the FY2021 NDAA. 

(4) REORGANIZATION REGULATION UPDATE NOTICE.—Section 

1801(d)(3)(B)(i) of FY2021 NDAA is amended by inserting ‘‘and 

provides public notice that such authorities have been revised 

and modified pursuant to such paragraph’’ after ‘‘paragraph 

(2)’’. 

(5) SAVINGS PROVISION RELATING TO TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES.—If this Act is 

enacted after December 31, 2021, notwithstanding section 

1801(d)(1) of the FY2021 NDAA, the amendments made by 

Effective date. 

10 USC 3001 

note prec. 

Applicability. 

10 USC 3001 

note prec. 

Testimony. 


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135 STAT. 2132 PUBLIC LAW 117–81—DEC. 27, 2021 

title XVIII of the FY2021 NDAA shall take effect immediately 

after the enactment of this Act. 

(b) TECHNICAL CORRECTIONS TO TITLE XVIII OF FY2021 

NDAA.—Title XVIII of the FY2021 NDAA is amended as follows: 

(1) Section 1806(a) is amended in paragraph (4) by striking 

‘‘TRANSFER’’ and all that follows through ‘‘and amended’’ and 

inserting the following: ‘‘RESTATEMENT OF SECTION 2545(1).— 

Section 3001 of such title, as added by paragraph (1), is further 

amended by inserting after subsection (b), as transferred and 

redesignated by paragraph (3), a new subsection (c) having 

the text of paragraph (1) of section 2545 of such title, as 

in effect on the day before the date of the enactment of this 

Act, revised’’. 

(2) Section 1807 is amended— 

(A) in subsection (b)(1), by striking ‘‘new sections’’ and 

inserting ‘‘new section’’; 

(B) in subsection (c)(3)(A)— 

(i) by striking the semicolon and close quotation 

marks at the end of clause (i) and inserting close 

quotation marks and a semicolon; and 

(ii) by striking ‘‘by any’’ in the matter to be inserted 

by clause (ii); and 

(C) in subsection (e)— 

(i) by striking ‘‘of this title’’ in the matter to be 

inserted by paragraph (2)(B); and 

(ii) by striking ‘‘Sections’’ in the quoted matter 

before the period at the end of paragraph (3) and 

inserting ‘‘For purposes of’’. 

(3) Section 1809(e) is amended by striking subparagraph 

(B) of paragraph (2) (including the amendment made by that 

subparagraph). 

(4) Section 1811 is amended— 

(A) in subsection (c)(2)— 

(i) in subparagraph (B), by striking the comma 

before the close quotation marks in both the matter 

to be stricken and the matter to be inserted; and 

(ii) in subparagraph (D), by inserting a comma 

after ‘‘3901’’ in the matter to be inserted; 

(B) in subsection (d)(3)(B)— 

(i) by striking the dash after ‘‘mobilization’’ in the 

matter to be inserted by clause (ii) and inserting a 

semicolon; and 

(ii) by striking the dash after ‘‘center’’ in the matter 

to be inserted by clause (iv) and inserting ‘‘; or’’; 

(C) in subsection (d)(4)(D), by striking ‘‘this’’ in the 

matter to be stricken by clause (ii) and inserting ‘‘This’’; 

(D) in subsection (d)(5)(A), by striking ‘‘inserting’’ and 

all that follows through ‘‘; and’’ and inserting ‘‘inserting 

‘OFFER REQUESTS TO POTENTIAL SOURCES.—’ before ‘The 

head of an agency’; and’’; 

(E) in subsection (d)(6)(A), in the matter to be 

inserted— 

(i) by striking the close quotation marks after 

‘‘PROCEDURES.—’’; and 

(ii) by striking the comma after ‘‘(7)’’; and 

10 USC 3204. 

10 USC 3201. 

10 USC 3134. 

10 USC 2315, 

3068. 

10 USC 3068. 

10 USC 3064. 

10 USC 3062. 

10 USC 2545, 

3001. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2133 

(F) in subparagraphs (C)(ii) and (E)(ii) of subsection 

(e)(3), by striking ‘‘and (ii)’’ each place it appears and 

inserting ‘‘and (iii)’’. 

(5) Section 1813 is amended in subsection (c)(1)(D) by 

inserting ‘‘and inserting’’ after the first close quotation marks. 

(6) Section 1816(c) is amended— 

(A) in paragraph (5)— 

(i) in subparagraph (C)— 

(I) by striking ‘‘the second sentence’’ and 

inserting ‘‘the second and third sentences’’; and 

(II) by striking ‘‘subsection (d)’’ and inserting 

‘‘subsections (d) and (e), respectively’’; and 

(ii) by striking subparagraph (G) and inserting 

the following: 

‘‘(G) in subsection (d), as so designated, by inserting 

‘NOTICE OF AWARD.—’ before ‘The head of’; and 

‘‘(H) in subsection (e), as so designated, by striking 

‘This subparagraph does not’ and inserting ‘EXCEPTION FOR

PERISHABLE SUBSISTENCE ITEMS.—Subsections (c) and (d) 

do not’.’’; and 

(B) in paragraph (7)(J)(ii), in the matter to be inserted, 

by inserting ‘‘under’’ before ‘‘this section’’. 

(7) Section 1818 is amended by striking the close quotation 

marks and second period at the end of subsection (b). 

(8) Section 1820 is amended— 

(A) in subsection (a), in the matter to be inserted, 

by striking the item relating to section 3404 and inserting 

the following new item: 

‘‘3404. øReserved¿.’’; 

(B) in subsection (c)(3)(A), by striking ‘‘section’’ in the 

matter to be stricken; and 

(C) in subsection (d)(4)(B), by inserting ‘‘section’’ before 

‘‘3403(b)’’ in the matter to be inserted. 

(9) Section 1821 is amended in subsection (b)(5) by striking 

‘‘subsection (b)(2)(B)(i)’’ and inserting ‘‘subsection (c)(2)(B)(i)’’. 

(10) Section 1831 is amended— 

(A) in subsection (b), by striking ‘‘redesignated as subsection (a), and’’ and inserting ‘‘amended by striking the 

subsection designation and subsection heading, and further’’; 

(B) in subsection (c)(2)(A), in the matter to be stricken, 

by striking ‘‘the’’ and inserting ‘‘The’’; 

(C) in subsection (c)(2)(D)— 

(i) by striking clauses (ii) through (v); and 

(ii) in the matter preceding clause (i), by striking 

‘‘as so redesignated’’ and all that follows through ‘‘by 

inserting’’ and inserting ‘‘as so redesignated, by 

inserting’’; 

(D) in subsection (c)(2)(E)— 

(i) by striking clauses (ii) through (v); and 

(ii) in the matter preceding clause (i), by striking 

‘‘as so redesignated’’ and all that follows through ‘‘by 

inserting’’ and inserting ‘‘as so redesignated, by 

inserting’’; and 

(iii) by inserting ‘‘and’’ after the semicolon at the 

end; 

(E) in subsection (c)(2)(F)— 

10 USC 3702. 

10 USC 2306a, 

3701. 

10 USC 3456. 

10 USC 3405. 

10 USC 3403. 

10 USC 3401 

prec. 

10 USC 2316, 

3344. 

10 USC 3305. 

10 USC 3303. 

10 USC 3242. 

10 USC 3206. 


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135 STAT. 2134 PUBLIC LAW 117–81—DEC. 27, 2021 

(i) by striking clauses (ii) through (v); and 

(ii) in the matter preceding clause (i), by striking 

‘‘as so redesignated’’ and all that follows through ‘‘by 

inserting’’ and inserting ‘‘as so redesignated, by 

inserting’’; and 

(iii) by striking the semicolon at the end and 

inserting a period; 

(F) in subsection (c)(4)(A), by striking the matter proposed to be inserted and inserting ‘‘CERTIFICATION.—’’; 

(G) in subsection (c)(8)— 

(i) by striking subparagraph (C); and 

(ii) in subparagraph (B), by adding ‘‘and’’ at the 

end; 

(H) in subsection (h), by striking ‘‘such section 3706’’ 

in paragraphs (2) and (3) and inserting ‘‘such section 3707’’; 

and 

(I) in subsection (j)— 

(i) in paragraph (3), in the matter to be inserted, 

by striking ‘‘3701–3708’’ and inserting ‘‘3701 through 

3708’’; and 

(ii) by striking paragraphs (4) and (5). 

(11) Section 1832(i)(7)(F)— 

(A) in clause (iv), by striking ‘‘and’’ at the end; 

(B) in clause (v), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following new clause: 

‘‘(vi) in subparagraph (B) (as so redesignated), by 

striking ‘paragraph (1)’ and inserting ‘subsection (b)’.’’. 

(12) Section 1833 is amended— 

(A) in subsection (n), in the section heading for section 

3791, by striking ‘‘DEPARTMENT OF DEFENSE’’ and inserting 

‘‘DEPARTMENT OF DEFENSE’’; and 

(B) in subsection (o)(2), by striking ‘‘Section’’ and ‘‘as 

section’’ and inserting ‘‘Sections’’ and ‘‘as sections’’, respectively. 

(13) Section 1834(h)(2) is amended by striking ‘‘section 

3801(1)’’ in the matter to be inserted and inserting ‘‘section 

3801(a)’’. 

(14) Section 1845(c)(2) is amended by striking ‘‘section’’ 

in the matter to be stricken and inserting ‘‘sections’’. 

(15) Section 1846 is amended— 

(A) in subsection (f)(6)(A), in the matter to be inserted, 

by inserting a period after ‘‘OVERSIGHT’’; 

(B) in subsection (i)(3), by striking ‘‘Section 1706(c)(1)’’ 

and inserting ‘‘Section 1706(a)’’; and 

(C) by adding at the end the following: 

‘‘(j) FURTHER CROSS-REFERENCE AMENDMENT.—Section 1706(a) 

of title 10, United States Code, is further amended by striking 

‘section 2430(a)(1)(B)’ and inserting ‘section 4201(a)(2)’.’’. 

(16) Section 1847 is amended— 

(A) in the table of subchapters to be inserted by subsection (a), by striking the item relating to the second 

subchapter III (relating to contractors) and inserting the 

following: 

‘‘V. Contractors ...................................................................................................... 4291’’; and 

(B) in subsection (e)(3)(A), by inserting ‘‘section’’ before 

‘‘4376(a)(1)’’ in the matter to be inserted. 

10 USC 4273. 

10 USC 4211 

prec. 

10 USC 1706. 

10 USC 4204. 

10 USC 171a. 

10 USC 3807. 

10 USC 2328, 

2386, 3793, 3794. 

10 USC 3791 

prec. 

10 USC 2379, 

2380. 

10 USC 3750. 

10 USC 2343. 

10 USC 3707. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2135 

(17) Section 1848(d) is amended by striking paragraph 

(2). 

(18) Section 1850(e)(2) is amended by inserting ‘‘transferred 

and’’ before ‘‘redesignated’’. 

(19) Section 1856 is amended— 

(A) in subection (f)(5)(A), in the matter to be inserted, 

by striking the comma at the end; and 

(B) in subsection (h), by striking ‘‘subsection (d)’’ and 

inserting ‘‘subsection (g)’’. 

(20) Section 1862(c)(2) is amended by striking ‘‘section 

4657’’ and inserting ‘‘section 4658’’. 

(21) Section 1866 is amended— 

(A) in subsection (c)— 

(i) in paragraph (1), by inserting ‘‘and’’ at the 

end; 

(ii) in paragraph (2), by striking ‘‘; and’’ at the 

end and inserting a period; and 

(iii) by striking paragraph (3) (including the 

amendment made by that paragraph); and 

(B) in subsection (d), by striking ‘‘4817’’ in the matter 

to be inserted by paragraph (4)(A)(ii) and inserting ‘‘4818’’. 

(22) Section 1867(d) is amended— 

(A) in paragraph (3), by striking ‘‘Section 4814’’ and 

inserting ‘‘Section 4814(a)’’; 

(B) by amending paragraph (5) to read as follows: 

‘‘(5) Section 4818 is amended in subsection (a)— 

‘‘(A) by striking ‘of this chapter’ and inserting ‘of chapters 381 through 385 and chapter 389’; and 

‘‘(B) by striking ‘under this chapter’ and inserting 

‘under such chapters’.’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(7) Section 4817(d)(1) is amended by striking ‘this chapter’ 

and inserting ‘chapters 381 through 385 and chapter 389’.’’. 

(23) Section 1870(c)(3) is amended— 

(A) by inserting after subparagraph (A) the following 

new subparagraph: 

‘‘(B) in each of paragraphs (4) and (5) of subsection 

(d), by striking ‘section 2500(1)’ and inserting ‘section 

4801(1)’;’’; 

(B) by redesignating subparagraphs (B) and (C) as 

subparagraphs (C) and (D), respectively; and 

(C) in subparagraph (D) (as so redeisgnated), by 

striking ‘‘of the first subsection (k) (relating to ‘Limitation 

on certain procurements application process’),’’ and 

inserting ‘‘of subsection (j),’’. 

(24) Section 1872(a) is amended in each of paragraphs 

(5) through (11) by striking ‘‘chapter 385 of such title, as 

amended’’ and inserting ‘‘chapter 388 of such title, as added’’. 

(c) CONFORMING AMENDMENTS TO PROVISIONS OF TITLE 10, 

UNITED STATES CODE, THAT ARE TRANSFERRED AND REDESIGNATED

BY TITLE XVIII OF THE FY2021 NDAA.—Title 10, United States 

Code, as transferred and redesignated by title XVIII of the FY2021 

NDAA, is amended as follows: 

(1) Section 3221 of title 10, United States Code, as added 

by subsection (a) and amended by subsection (b) of section 

1812 of such Act, is amended in subsection (c) by striking 

‘‘under this section’’ and inserting ‘‘under this chapter’’. 

10 USC 

2413–2419, 

4952–4957, 4959. 

10 USC 4864. 

10 USC 4818. 

10 USC 4814. 

10 USC 2501 

note. 

10 USC 4801. 

10 USC 4658. 

10 USC 4505. 

10 USC 4502. 

10 USC 4372. 

10 USC 4324. 


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135 STAT. 2136 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) Section 3223 of such title, as added by subsection (a) 

and amended by subsection (d) of section 1812 of such Act, 

is amended by striking ‘‘under this section’’ in paragraph (2) 

and inserting ‘‘under this chapter’’. 

(3) Section 3702 of such title, as added and amended by 

section 1831 of such Act, is amended— 

(A) in subsection (a)(3) by striking ‘‘under this section’’ 

in the matter preceding subparagraph (A) and inserting 

‘‘under this chapter’’; and 

(B) in subsection (d), by striking ‘‘this section’’ and 

inserting ‘‘this chapter’’. 

(4) Section 4375 of such title, as added by subsection (a) 

and amended by subsection (i) of section 1850 of such Act, 

is amended in subsection (d)(7)— 

(A) by striking ‘‘under the program (i) expressed as’’ 

and inserting ‘‘under the program— 

‘‘(A) expressed as’’; and 

(B) by striking ‘‘or subprogram, and (ii) expressed as’’ 

and inserting ‘‘or subprogram; and 

‘‘(B) expressed as’’. 

(d) CROSS-REFERENCE AMENDMENTS WITHIN TRANSFERRED SECTIONS.—Title 10, United States Code, as transferred and redesignated by title XVIII of the FY2021 NDAA, is amended as follows: 

(1) Section 3131 of title 10, United States Code, as transferred and redesignated by section 1809(b) of such Act, is 

amended in subsection (b)(1) by striking ‘‘section 2353’’ and 

inserting ‘‘section 4141’’. 

(2) Section 3137 of such title, as transferred and redesignated by section 1809(h)(1) of such Act, is amended in subsection (b)(2) by striking ‘‘section 2330a’’ and inserting ‘‘section 

4505’’. 

(3) Section 3203 of such title, as added by paragraph (1) 

and amended by paragraph (2) of section 1811(d)(2) of such 

Act, is amended in subsection (c) by striking ‘‘paragraphs (1) 

and (2)’’ and inserting ‘‘subsections (a)(1) and (b)’’. 

(4) Section 3206 of such title, as added by paragraph (1) 

and amended by paragraphs (2) and (3) of section 1811(e)(2) 

of such Act, is amended in subsection (a)(3) by striking ‘‘subparagraphs (A) and (B)’’ in the matter preceding subparagraph 

(A) and inserting ‘‘paragraphs (1) and (2)’’. 

(5) Section 3221 of such title, as added by subsection (a) 

and amended by subsection (b) of section 1812 of such Act, 

is amended in subsection (b)(2) by striking ‘‘chapter 144’’ before 

‘‘of this title’’ and inserting ‘‘chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 

4321, 4323, and 4328’’. 

(6) Section 3862 of such title, as transferred and redesignated by section 1836(b) of such Act, is amended in subsection 

(b) by striking ‘‘section 2303(a)’’ and inserting ‘‘section 3063’’. 

(7) Section 4008 of such title, as transferred and redesignated by section 1841(c) of such Act, is amended by striking 

‘‘section 2303(a)’’ in subsections (a) and (d) and inserting ‘‘section 3063’’. 

(8) Section 4061 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended in subsection 

(b)(5) by striking ‘‘section 2302e’’ and inserting ‘‘section 4004’’. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2137 

(9) Section 4062 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended— 

(A) in subsection (c)(4)(A)— 

(i) in clause (i), by striking ‘‘section 2433(d)’’ and 

inserting ‘‘section 4374’’; and 

(ii) in clause (ii), by striking ‘‘section 2433(e)(2)(A)’’ 

and inserting ‘‘section 4375(b)’’; 

(B) in subsection (j), by striking ‘‘chapter 137’’ and 

inserting ‘‘sections 3201 through 3205’’; and 

(C) in subsection (k)(2), by striking ‘‘(as defined in 

section 2302(5) of this title)’’. 

(10) Section 4171 of such title, as transferred and redesignated by section 1845(b) of such Act, is amended in subsection 

(a)(2)— 

(A) in subparagraph (A), by striking ‘‘within the 

meaning’’ and all that follows through ‘‘this title’’; and 

(B) in subparagraph (B), by striking ‘‘under’’ and all 

that follows through ‘‘this title’’ and inserting ‘‘under section 4203(a)(1) of this title’’. 

(11) Section 4324 of such title, as amended by section 

802(a) and transferred and redesignated by section 1848(d)(1) 

of such Act, is amended in subsection (d)— 

(A) in paragraph (5), by striking ‘‘section 2430’’ in 

subparagraph (A) and ‘‘section 2430(a)(1)(B)’’ in subparagraph (B) and inserting ‘‘section 4201’’ and ‘‘section 

4201(a)(2) of this title’’, respectively; 

(B) in paragraph (6), by striking ‘‘section 2366(e)(7)’’ 

and inserting ‘‘section 4172(e)(7)’’; and 

(C) in paragraph (7), by striking ‘‘section 2431a(e)(5)’’ 

and inserting ‘‘section 4211(e)(3)’’. 

(12) Section 4375 of such title, as added by subsection 

(a) and amended by subsection (h) section 1850), is amended 

in subsection (c)(2)— 

(A) in subparagraph (A), by striking ‘‘or (b)(2)’’; and 

(B) in subparagraph (B)— 

(i) by striking ‘‘or (b)(2)’’ ; and 

(ii) by striking ‘‘subsection (b)(1)’’ and inserting 

‘‘section 4376’’. 

(13) Section 4505 of such title, as transferred and redesignated by section 1856(g) of such Act, is amended by striking 

‘‘section 2383(b)(3)’’ in subsection (h)(2) and inserting ‘‘section 

4508(b)(3)’’. 

(14) Section 4660 of such title, as transferred and redesignated by section 1862(b) of such Act, is amended by striking 

‘‘section 2324’’ in subsection (c)(2) and inserting ‘‘subchapter 

I of chapter 273’’. 

(15) Section 4814 of such title, as transferred and redesignated by section 1867(b) of such Act, is amended by striking 

‘‘subchapter V of chapter 148’’ in paragraph (5) of subsection 

(a), as added by section 842(a)(2) of such Act, and inserting 

‘‘chapter 385’’. 

(16) Section 4819 of such title, as transferred and redesignated by section 1867(b) of such Act and amended by section 

843 of such Act, is amended in subsection (b)(2)— 

(A) in subparagraph (C)(xi), by striking ‘‘section 2339a’’ 

and inserting ‘‘section 3252’’; and 

(B) in subparagraph (E)— 


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135 STAT. 2138 PUBLIC LAW 117–81—DEC. 27, 2021 

(i) in clause (i), by striking ‘‘(as defined in section 

2500(1) of this title)’’; 

(ii) in clause (ii), by striking ‘‘section 2533a’’ and 

inserting ‘‘section 4862’’; and 

(iii) in clause (v), by striking ‘‘section 2521’’ and 

inserting ‘‘sections 4841 and 4842’’. 

(17) Section 4862 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended by striking 

‘‘section 2304(c)(2)’’ in subsection (d)(4) and inserting ‘‘section 

3204(a)(2)’’. 

(18) Section 4863 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended— 

(A) in subsection (c)(2), by striking ‘‘section 2304(c)(2)’’ 

and inserting ‘‘section 3204(a)(2)’’; and 

(B) in subsection (f), by striking ‘‘section 2304(g)’’ and 

inserting ‘‘section 3205’’. 

(19) Section 4981 of such title, as transferred by subsection 

(b) and redesignated by subsection (c) of section 1873 of such 

Act, is amended by striking ‘‘section 2501(a)’’ in subsection 

(a) and inserting ‘‘section 4811(a)’’. 

(e) DISPOSITION OF NEW TITLE 10 ACQUISITION PROVISIONS

ADDED BY THE FY2021 NDAA.— 

(1) TRANSFER OF NEW SECTION 2339C.— 

(A) TRANSFER.—Section 2339c of title 10, United States 

Code, as added by section 803 of the FY2021 NDAA, is 

transferred to chapter 873 of such title, inserted after section 8754, and redesignated as section 8755, and amended 

in subsection (d)(3) by striking ‘‘section 2430’’ and inserting 

‘‘section 4201’’. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of such chapter is amended by adding at 

the end the following new item: 

‘‘8755. Disclosures for offerors for certain shipbuilding major defense acquisition program contracts.’’. 

(2) TRANSFER OF NEW SECTION 2533D.— 

(A) TRANSFER.—Section 2533d of title 10, United States 

Code, as added by section 841(a) of the FY2021 NDAA, 

is transferred to chapter 385 of such title, inserted after 

section 4872 of subchapter III of such chapter, redesignated 

as section 4873, and amended in subsection (a)(2) by 

striking ‘‘section 2338’’ and inserting ‘‘section 3573’’. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of such chapter is amended by inserting 

after the item relating to section 4872 the following new 

item: 

‘‘4873. Additional requirements pertaining to printed circuit boards.’’. 

(3) TRANSFER OF NEW SECTION 2358C.— 

(A) TRANSFER.—Section 2358c of title 10, United States 

Code, as added by section 1115(a) of the FY2021 NDAA, 

is transferred to subchapter II of chapter 303 of such 

title, as added by section 1842(a) of the FY2021 NDAA, 

inserted after section 4093, as transferred and redesignated 

by section 1843(a) (as amended by this section), and 

redesignated as section 4094. 

(B) CLERICAL AMENDMENTS.—The table of sections at 

the beginning of such chapter, as added by section 1842(a) 

10 USC 4871 

prec. 

10 USC 8751 

prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2139 

of the FY2021 NDAA (as amended by this section), is 

amended by inserting after the item relating to section 

4093 the following new item: 

‘‘4094. Enhanced pay authority for certain research and technology positions in 

science and technology reinvention laboratories.’’. 

(4) TRANSFER OF NEW SECTION 2374B.— 

(A) TRANSFER.—Section 2374b of title 10, United States 

Code, as added by section 212(a)(1) of the FY2021 NDAA, 

is transferred to subchapter II of chapter 301 of such 

title, added at the end of such subchapter, and redesignated 

as section 4027. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of such chapter is amended by adding at 

the end the following new item: 

‘‘4027. Disclosure requirements for recipients of research and development funds.’’. 

(f) AMENDMENTS TO TABLES OF SECTIONS.—Title 10, United 

States Code, is amended as follows: 

(1) The table of sections at the beginning of chapter 136 

is amended by striking the item relating to section 2283. 

(2) The table of sections at the beginning of chapter 165 

is amended by striking the item relating to section 2784. 

(3) The table of sections at the beginning of chapter 203, 

as added by section 1807(a) of the FY2021 NDAA, is amended 

in the item relating to section 3064 by inserting ‘‘of’’ after 

‘‘Applicability’’. 

(4) The table of sections at the beginning of chapter 223, 

as added by section 1813(a) of such Act, is amended by striking 

the item relating to section 3248 and inserting the following 

new item: 

‘‘3248. øReserved¿.’’. 

(5) The table of sections at the beginning of subchapter 

II of chapter 273, as added by section 1832(j) of such Act, 

is amended by striking the items relating to sections 3764 

and 3765. 

(6) The table of sections at the beginning of subchapter 

III of chapter 275, as added by section 1833(n) of such Act, 

is amended by striking the item relating to section 3792 and 

inserting the following new item: 

‘‘3792. øReserved¿.’’. 

(7) The table of sections at the beginning of subchapter 

I of chapter 322, as added by section 1847(a), is amended 

by striking the item relating to section 4212 and inserting 

the following new item: 

‘‘4212. Risk management and mitigation in major defense acquisition programs and 

major systems.’’. 

(8) The table of sections at the beginning of subchapter 

II of chapter 322, as added by section 1847(a), is amended 10 USC 4231 

prec. 

10 USC 4211 

prec. 

10 USC 3791 

prec. 

10 USC 3761 

prec. 

10 USC 3241 

prec. 

10 USC 3062 

prec. 

10 USC 2771 

prec. 

10 USC 2281 

prec. 

10 USC 4001 

prec. 

10 USC 4061 

prec. 


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135 STAT. 2140 PUBLIC LAW 117–81—DEC. 27, 2021 

by striking the item relating to section 4232 and inserting 

the following new item: 

‘‘4232. Prohibition on use of lowest price technically acceptable source selection process.’’. 

(9) The table of sections at the beginning of chapter 323, 

as added by section 1848(a), is amended by striking the item 

relating to section 4324 and inserting the following new item: 

‘‘4324. Life-cycle management and product support.’’. 

(10) The table of sections at the beginning of chapter 382, 

as added by section 1867(a) of such Act, is amended by striking 

the item relating to section 4814 and inserting the following 

new item: 

‘‘4814. National technology and industrial base: annual report and quarterly briefings.’’. 

(g) AMENDMENTS TO TABLES OF CHAPTERS.—The tables of chapters at the beginning of subtitle A, and at the beginning of part 

V of subtitle A, of title 10, United States Code, are amended— 

(1) in the items for chapters 203, 205, and 207, by striking 

the section number at the end of each item and inserting 

‘‘3061’’, ‘‘3101’’, and ‘‘3131’’, respectively; 

(2) by striking the item for chapter 247 and inserting 

the following: 

‘‘247. Procurement of Commercial Products and Commercial Services ............ 3451’’; 

(3) in the item for chapter 251, by striking the section 

number at the end and inserting ‘‘3571’’; 

(4) by striking the item for chapter 257 and inserting 

the following: 

‘‘257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and 

Combat Vehicles .......................................................................................3671

‘‘258. Other Types of Contracts Used for Procurements for Particular Purposes .......................................................................................................... 3681’’; and 

(5) by striking the last word in the item for the heading 

for subpart D and inserting ‘‘Provisions’’. 

(h) AMENDMENTS TO HEADINGS.—Subtitle A of title 10, United 

States Code, is amended as follows: 

(1) The heading of subpart D of part V is amended to 

read as follows: 

‘‘Subpart D—General Contracting Provisions’’. 

(2) The heading of subchapter II of chapter 273, as added 

by section 1832(j) of the FY2021 NDAA, is amended to read 

as follows: 

‘‘Subchapter II—Other Allowable Cost Provisions’’. 

(i) AMENDMENTS TO DELETE HEADINGS FROM SECTIONS SPECIFIED AS ‘‘RESERVED’’.—Title XVIII of the FY2021 NDAA is amended 

as follows: 

(1) CHAPTER 201.—The matter inserted by section 1806(a)(1) 

is amended— 

(A) in each of the items relating to sections 3003 and 

3005 in the table of sections at the beginning of subchapter 

I, by striking the text after the section designation and 

inserting ‘‘øReserved¿.’’; 

(B) by striking section 3003 and inserting the following: 

10 USC 3001 

prec. 

10 USC 101 

prec., 3001 prec. 

10 USC 4811 

prec. 

10 USC 4321 

prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2141 

‘‘§ 3003. øReserved¿’’; and 

(C) by striking section 3005 and inserting the following: 

‘‘§ 3005. øReserved¿’’. 

(2) CHAPTER 209.— 

(A) In the table of contents for chapter 209 inserted 

by section 1810(a), by striking the text after the subchapter 

II designation and inserting ‘‘øReserved¿’’. 

(B) Section 1810(d) is amended to read as follows: 

‘‘(d) ADDITIONAL SUBCHAPTER.—Chapter 209 of title 10, United 

States Code, is amended by adding at the end the following new 

subchapter: 

‘‘ ‘SUBCHAPTER II—øRESERVED¿ 

‘‘ ‘Sec. 

‘‘ ‘3171. øReserved¿. 

‘‘ ‘3172. øReserved¿. 

‘‘ ‘§ 3171. øReserved¿ 

‘‘ ‘§ 3172. øReserved¿’.’’. 

(3) CHAPTER 225.—The matter inserted by section 1813(h) 

is amended by striking the text after the chapter designation 

and inserting ‘‘øReserved¿’’. 

(4) CHAPTER 242.—The matter inserted by section 1817(a) 

is amended— 

(A) in the item relating to section 3324 in the table 

of sections, by striking the text after the section designation 

and inserting ‘‘øReserved¿.’’; and 

(B) by striking section 3324 and inserting the following: 

‘‘§ 3324. øReserved¿’’. 

(5) CHAPTER 253.— 

(A) The tables of chapters at the beginning of subtitle 

A, and at the beginning of part V of subtitle A, of title 

10, United States Code, are amended by striking the text 

after the chapter designation for chapter 253 in each place 

and inserting ‘‘øReserved¿’’. 

(B) Section 1824 is amended— 

(i) in the matter inserted by subsection (a), by 

striking the text after the chapter designation and 

inserting ‘‘øReserved¿’’; and 

(ii) in the matter inserted by subsection (b), by 

striking the text after the chapter designation and 

inserting ‘‘øReserved¿’’. 

(6) CHAPTER 272.—The matter inserted by section 1831(k) 

is amended— 

(A) by striking the text after the chapter designation 

and inserting ‘‘øReserved¿’’; and 

(B) by striking all after the chapter heading and 

inserting the following: 

‘‘Sec. 

‘‘3721. øReserved¿. 

‘‘3722. øReserved¿. 

‘‘3723. øReserved¿. 

‘‘3724. øReserved¿. 

10 USC 3721 

prec. 

10 USC 3721 

prec. 

10 USC 101 

prec., 3001 prec. 

10 USC 3671 

prec. 

10 USC 101 

prec., 3001 prec. 

10 USC 3321 

prec. 

10 USC 3301 

prec. 

10 USC 3171 

prec. 

10 USC 3151 

prec. 


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135 STAT. 2142 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘§ 3721. øReserved¿ 

‘‘§ 3722. øReserved¿ 

‘‘§ 3723. øReserved¿ 

‘‘§ 3724. øReserved¿’’. 

(7) CHAPTER 279.— (A) The matter inserted by section 1835(a) is amended 

in the table of sections by striking the text after the section 

designation in each of the items relating to sections 3843, 

3844, and 3846 and inserting ‘‘øReserved¿.’’. 

(B) Section 1835(e) is amended— 

(i) by striking the matter inserted by paragraph 

(1) and inserting the following: 

‘‘§ 3843. øReserved¿ 

‘‘§ 3844. øReserved¿’’; and 

(ii) by striking matter inserted by paragraph (2) 

and inserting the following: 

‘‘§ 3846. øReserved¿’’. 

(8) CHAPTER 283.— (A) The tables of chapters at the beginning of subtitle 

A, and at the beginning of part V of subtitle A, of title 

10, United States Code, are amended by striking the text 

after the chapter designation for chapter 283 in each place 

and inserting ‘‘øReserved¿’’. 

(B) Section 1837 is amended to read as follows: 

‘‘SEC. 1837. RESERVATION OF CHAPTER 283. 

‘‘Part V of subtitle A of title 10, United States Code, as added 

by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), is amended 

by striking chapter 283 and inserting the following: 

‘‘ ‘CHAPTER 283—øRESERVED¿’.’’. 

(9) CHAPTER 343.—Section 1856 is amended— 

(A) in the matter to be inserted by subsection (a), 

by striking the text following the designation of chapter 

343 and inserting ‘‘øReserved¿’’; and 

(B) by amending the matter to be inserted by subsection (j) to read as follows: 

‘‘CHAPTER 343—øRESERVED¿ 

‘‘Subchapter Sec. 

‘‘I. øReserved¿ ........................................................................................................ 4541 

‘‘II. øReserved¿ ....................................................................................................... 4551 

‘‘SUBCHAPTER I—øRESERVED¿ 

‘‘Sec. 

‘‘4541. øReserved¿. 

‘‘SUBCHAPTER II—øRESERVED¿ 

‘‘Sec. 

‘‘4551. øReserved¿.’’. 

10 USC 4751 

prec. 

10 USC 101 

prec., 3001 prec. 

10 USC 2327, 

3901 prec. 

10 USC 101 

prec., 3001 prec. 

10 USC 3841 

prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2143 

(10) CHAPTER 387.—Section 1871 is amended by amending 

the matter to be inserted by subsection (a)(2)— 

(A) by inserting after the item relating to subchapter 

I the following new item: 

‘‘II. øReserved¿ ....................................................................................................... 4991’’; and 

(B) by inserting after the item relating to section 4901 

the following new item: 

‘‘SUBCHAPTER II—øRESERVED¿ 

‘‘Sec. 

‘‘4911. øReserved¿.’’. 

(j) REVISED SECTION RELATING TO REGULATIONS.—Section 

1807(b) of the FY2021 NDAA is amended in the matter to be 

inserted by paragraph (1), by striking ‘‘shall prescribe’’ and inserting 

‘‘is required by section 2202 of this title to prescribe’’. 

(k) REVISED TRANSFER OF SECTIONS RELATING TO MULTIYEAR

CONTRACTS FOR ACQUISITION OF PROPERTY.—Section 1822 of the 

FY2021 NDAA is amended as follows: 

(1) REVISED SECTIONS.—In the matter to be inserted by 

subsection (a)— 

(A) in the table of sections for subchapter I, by striking 

the items relating to sections 3501 through 3511 and 

inserting the following: 

‘‘3501. Multiyear contracts: acquisition of property.’’; and 

(B) by striking the section headings for sections 3501 

through 3511 and inserting the following: 

‘‘§ 3501. Multiyear contracts: acquisition of property’’. 

(2) TRANSFER OF SECTION 2306B.—Such section is further 

amended— 

(A) by striking subsections (b) through (l); and 

(B) by inserting after subsection (a) the following new 

section: 

‘‘(b) TRANSFER OF SECTION 2306B.—Section 2306b of title 10, 

United States Code, is transferred to section 3501 of such title, 

as added by subsection (a).’’. 

(3) TRANSFER OF SECTION 2306C.—Such section is further 

amended— 

(A) in the matter to be inserted by subsection (m)— 

(i) in the table of sections, by striking the items 

relating to sections 3531 through 3535 and inserting 

the following: 

‘‘3531. Multiyear contracts: acquisition of services.’’; and 

(ii) by striking the section headings for sections 

3531 through 3535 and inserting the following: 

‘‘§ 3531. Multiyear contracts: acquisition of services’’; 

(B) by redesignating such subsection (m) as subsection 

(c); 

(C) by striking subsections (n) through (s); 

(D) by adding after subsection (c) (as so redesignated) 

the following new subsection: 

‘‘(d) TRANSFER OF SECTION 2306C.—Section 2306c of title 10, 

United States Code, is transferred to section 3531 of such title, 

as added by subsection (c).’’. 

10 USC 2396c, 

3531–3535. 

10 USC 3531 

prec., 2531–3535. 

10 USC 3531. 

10 USC 3531 

prec. 

10 USC 2396b, 

3501–3511. 

10 USC 3501. 

10 USC 3501 

prec. 

10 USC 3062. 

10 USC 4951 

prec. 

10 USC 4901 

prec. 


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135 STAT. 2144 PUBLIC LAW 117–81—DEC. 27, 2021 

(4) CONFORMING REDESIGNATION.—Such section is further 

amended by redesignating subsection (t) as subsection (e). 

(l) RENAMING OF CHAPTER 287.— 

(1) RENAMING OF CHAPTER.—Section 1838 of the FY2021 

NDAA is amended— 

(A) in the section heading, by striking the penultimate 

word in the heading and inserting ‘‘OTHER CONTRACTING’’; 

and 

(B) by striking the penultimate word in the chapter 

heading in the matter inserted by subsection (a) and 

inserting ‘‘OTHER CONTRACTING’’. 

(2) TABLES OF CHAPTERS.—The tables of chapters at the 

beginning of subtitle A, and at the beginning of part V of 

subtitle A, of title 10, United States Code, are amended by 

striking the item relating to chapter 287 and inserting the 

following new item: ‘‘287. Other Contracting Programs ...................................................................... 3961’’. 

(m) REVISED TRANSFER OF SECTIONS WITHIN CHAPTER 388.— 

(1) TRANSFER.—Section 1872(a) of title XVIII of the FY2021 

NDAA, as amended by this section, is further amended— 

(A) by amending paragraph (2) to read as follows: 

‘‘(2) TRANSFER.—The text of section 2411 of title 10, United 

States Code, is transferred to section 4951 of such title, as 

added by paragraph (1).’’; 

(B) by amending paragraph (3) to read as follows: 

‘‘(3) TRANSFER OF SECTION 2412.—The text of section 2412 

of title 10, United States Code, is transferred to section 4952 

of such title, as added by paragraph (1).’’; and 

(C) by amending paragraph (4) to read as follows: 

‘‘(4) TRANSFER OF SECTION 2420.—The text of section 2420 

of title 10, United States Code, is transferred to section 4953 

of such title, as added by paragraph (1).’’. 

(2) CONFORMING AMENDMENTS.—Such section 1872(a) is 

further amended— 

(A) in paragraph (5)— 

(i) by striking ‘‘inserted after section 4951, redesignated as section 4952’’ and inserting ‘‘inserted after 

section 4953, redesignated as section 4954’’; 

(ii) in the matter to be inserted by subparagraph 

(B)(ii), by striking ‘‘section 4957(b)’’ and inserting ‘‘section 4959(b)’’; 

(B) in paragraph (6)— 

(i) by striking ‘‘section 4952’’ and inserting ‘‘section 

4954’’; 

(ii) by striking ‘‘section 4953’’ and inserting ‘‘section 

4955’’; 

(iii) in the matter to be inserted by subparagraph 

(B), by striking ‘‘section 4951(b)(1)(D)’’ and inserting 

‘‘section 4951(1)(D)’’; and 

(iv) in the matter to be inserted by subparagraph 

(C), by striking ‘‘section 4957(b)’’ and inserting ‘‘section 

4959(b)’’; 

(C) in paragraph (7)— 

(i) by striking ‘‘section 4953’’ and inserting ‘‘section 

4955’’; 

(ii) by striking ‘‘section 4954’’ and inserting ‘‘section 

4956’’; 

10 USC 2415, 

4956. 

10 USC 2414, 

4855. 

10 USC 2411, 

2412, 4951, 4952. 

10 USC 101 

prec., 3001 prec. 

10 USC 3901 

prec. 

10 USC 2410o, 

3531 prec., 3551. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2145 

(D) in paragraph (8)— 

(i) by striking ‘‘section 4954’’ and inserting ‘‘section 

4956’’; 

(ii) by striking ‘‘section 4955’’ and inserting ‘‘section 

4957’’; 

(E) in paragraph (9)— 

(i) by striking ‘‘section 4955’’ and inserting ‘‘section 

4957’’; 

(ii) by striking ‘‘section 4956’’ and inserting ‘‘section 

4958’’; 

(F) in paragraph (10)— 

(i) by striking ‘‘section 4956’’ and inserting ‘‘section 

4958’’; 

(ii) by striking ‘‘section 4957’’ and inserting ‘‘section 

4959’’; 

(G) in paragraph (11)— 

(i) by striking ‘‘inserted after section 4957, as 

added by paragraph (10),’’ and inserting ‘‘added at 

the end of such chapter’’; and 

(ii) by striking ‘‘section 4959’’ and inserting ‘‘section 

4961’’. 

(3) TABLE OF SECTIONS.—Section 1872(a)(B) of the FY2021 

NDAA is amended by striking the matter to be inserted and 

inserting the following: 

‘‘CHAPTER 388—PROCUREMENT TECHNICAL 

ASSISTANCE COOPERATIVE AGREEMENT PROGRAM 

‘‘4951. Definitions. 

‘‘4952. Purposes. 

‘‘4953. Regulations. 

‘‘4954. Cooperative agreements. 

‘‘4955. Funding. 

‘‘4956. Distribution. 

‘‘4957. Subcontractor information. 

‘‘4958. Authority to provide certain types of technical assistance. 

‘‘4959. Advancing small business growth. 

‘‘4960. [Reserved]. 

‘‘4961. Administrative and other costs. 

‘‘SEC. 4951. DEFINITIONS. 

‘‘SEC. 4952. PURPOSES. 

‘‘SEC. 4953. REGULATIONS.’’. 

(n) REVISED SECTION RELATING TO NAVY CONTRACT

FINANCING.—Title XVIII of the FY2021 NDAA is amended as follows: 

(1) REVISED PLACEMENT.—The matter to be inserted by 

section 1834(a) is amended— 

(A) in the table of sections, by adding at the following 

new item: 

‘‘3808. Certain Navy contracts.’’; and 

(B) by adding after the heading for section 3807 the 

following: 

‘‘§ 3808. Certain Navy contracts’’. 

(2) TRANSFER OF SECTION 2307(G).—Section 1834 is further 

amended by adding at the end the following new subsection: 

‘‘(i) TRANSFER OF SUBSECTION (G) OF SECTION 2307.— 

10 USC 2307, 

3808. 

10 USC 3808. 

10 USC 3801 

prec. 

10 USC 4953. 

10 USC 4952. 

10 USC 4951. 

10 USC 4951 

prec. 

10 USC 2417, 

4961. 

10 USC 2419, 

4959. 

10 USC 2418, 

4958. 

10 USC 2416, 

4957. 


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135 STAT. 2146 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(1) TRANSFER.—Subsection (g) of section 2307 of title 10, 

United States Code, is transferred to section 3808 of such 

title, as added by subsection (a), inserted after the section 

heading, and amended— 

‘‘(A) by striking the subsection designation and subsection heading; and 

‘‘(B) by redesignating paragraphs (1), (2), and (3) as 

subsections (a), (b), and (c), respectively. 

‘‘(2) REVISIONS TO NEW 3808(A).—Subsection (a) of such section 3808, as so transferred and redesignated, is amended— 

‘‘(A) by inserting ‘REPAIR, MAINTENANCE, OR OVERHAUL

OF NAVAL VESSELS: RATE FOR PROGRESS PAYMENTS.—’ 

before ‘The Secretary of the Navy’; and 

‘‘(B) by redesignating subparagraphs (A) and (B) as 

paragraphs (1) and (2), respectively. 

‘‘(3) REVISIONS TO NEW 3808(B).—Subsection (b) of such section 3808, as so transferred and redesignated, is amended— 

‘‘(A) by inserting ‘AUTHORITY TO ADVANCE FUNDS FOR

IMMEDIATE SALVAGE OPERATIONS.—’ before ‘The Secretary 

of the Navy’; and 

‘‘(B) by striking ‘this paragraph’ in the second sentence 

and inserting ‘this subsection’. 

‘‘(4) REVISIONS TO NEW 3808(C).—Subsection (c) of such section 3808, as so transferred and redesignated, is amended by 

inserting ‘SECURITY FOR CONSTRUCTION AND CONVERSION OF

NAVAL VESSELS.—’ before ‘The Secretary of the Navy’. 

‘‘(5) CONFORMING AMENDMENT.—Section 8702(c) is amended 

by striking ‘section 2307(g)(2)’ and inserting ‘section 3808(b)’.’ ’’’. 

(3) REPEAL OF PRIOR TRANSFER.—Section 1876 is repealed. 

(o) REVISED TRANSFER RELATING TO SELECTED ACQUISITION

REPORTS.— 

(1) TRANSFER AS SINGLE SECTION.— 

(A) Subsection (a) section 1849 of the FY2021 NDAA 

is amended in the matter to be inserted by striking all 

after the chapter heading and inserting the following: 

‘‘Sec. 

‘‘4351. Selected Acquisition Reports.’’. 

(B) Subsection (b) of such section 1849 is amended 

to read as follows: 

‘‘(b) TRANSFER OF SECTION 2432.—Section 2432 of title 10, 

United States Code, is transferred to chapter 324 of such title, 

as added by subsection (a), and redesignated as section 4351.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) The section heading for section 1849 of the FY2021 

NDAA is amended to read as follows: 

‘‘SEC. 1849. SELECTED ACQUISITION REPORTS.’’. 

(B) Section 1849 of the FY2021 NDAA is amended 

in the matter to be inserted by striking the text after 

the chapter designation and inserting ‘‘SELECTED 

ACQUISITION REPORTS’’. 

(3) CROSS-REFERENCE AMENDMENTS IN SECTION 4351(C).— 

Subsection (c) of such section 1849 is amended to read as 

follows: 

‘‘(c) CROSS-REFERENCE AMENDMENTS IN NEW SECTION

4351(C).—Subsection (c)(1) of such section, as so transferred and 

redesignated, is amended— 

10 USC 4350 

prec., 4351 prec. 

10 USC 4350, 

4351 prec. 

10 USC 2432, 

4350. 

10 USC 4350 

prec., 4351 prec. 

10 USC 2307, 

8661 prec., 8702. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2147 

‘‘(1) by striking ‘section 2431’ in subparagraph (A) and 

inserting ‘section 4205’; 

‘‘(2) by striking ‘section 2433(a)(2)’ in subparagraph (B)(i) 

and inserting ‘section 4371(a)(4)’; 

‘‘(3) by striking ‘section 2435(d)(1)’ in subparagraph (B)(ii) 

and inserting ‘section 4214(d)(1)’; 

‘‘(4) by striking ‘section 2435(d)(2)’ in subparagraph (B)(iii) 

and inserting ‘section 4214(d)(2)’; 

‘‘(5) by striking ‘section 2432(e)(4)’ in subparagraph (B)(iv) 

and inserting ‘section 4355(4)’; and 

‘‘(6) by striking ‘section 2446a’ in subparagraph (G) and 

inserting ‘section 4401’.’ ’’’. 

(4) CROSS-REFERENCE AMENDMENT IN SECTION 4351(H).— Subsection (d) of such section 1849 is amended to read as 

follows: 

‘‘(d) CROSS-REFERENCE AMENDMENT IN NEW SECTION 4351(H).— 

Subsection (h)(2)(A) of such section, as so transferred and redesignated, is amended by striking ‘section 2431’ and inserting ‘section 

4205’.’ ’’’. 

(5) DELETION OF SUPERSEDED AMENDMENTS.—Such section 

1849 is further amended— 

(A) by striking subsections (e) through (k); and 

(B) redesignating subsections (l) and (m) as subsections 

(e) and (f), respectively. 

(6) CONFORMING CROSS-REFERENCE AMENDMENTS.—Title 

XVIII of the FY2021 NDAA is amended— 

(A) in section 1812— 

(i) in subsection (b)(2)(D), by striking ‘‘section 

4353(a)’’ in the matter to be inserted and inserting 

‘‘section 4351(c)(1)’’; and 

(ii) in subsection (f)(2)(C), by striking ‘‘sections 

4351 through 4358’’ in the matter to be inserted and 

inserting ‘‘section 4351’’; 

(B) in section 1846— 

(i) in subsection (f)(5)(C), by striking ‘‘sections 4351 

through 4358’’ in the matter to be inserted and 

inserting ‘‘section 4351’’; and 

(ii) in subsection (g)(1), by striking ‘‘section 4351’’ 

in the matter to be inserted and inserting ‘‘section 

4351(a)’’; 

(C) in section 1847— 

(i) in subsection (b)(4)(B)(iii), by striking ‘‘sections 

4351 through 4358’’ in the matter to be inserted and 

inserting ‘‘section 4351’’; 

(ii) in subsection (c)(1)(A)(i), by striking ‘‘sections 

4351 through 4358’’ in the matter to be inserted and 

inserting ‘‘section 4351’’; 

(iii) in subsection (d)(2)(C)(ii), by striking ‘‘sections 

4351 through 4358’’ in the matter to be inserted and 

inserting ‘‘section 4351’’; and 

(iv) in subsection (e)(1)(A), by striking ‘‘section 

4351(2)’’ in the matter to be inserted and inserting 

‘‘section 4351(a)(2)’’; 

(D) in section 1849(f) (as so redesignated), by striking 

‘‘chapter 324’’ in the matter to be inserted and inserting 

‘‘section 4351’’; and 

(E) in section 1850— 

10 USC 1734, 

8671. 

10 USC 4271. 

10 USC 4252. 

10 USC 4231. 

10 USC 4214. 

10 USC 4203. 

10 USC 4204. 

10 USC 3225. 

10 USC 3221. 

10 USC 2432, 

4353–4358. 

10 USC 1734, 

2432, 8671. 

10 USC 2432, 

4351, 4352. 


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135 STAT. 2148 PUBLIC LAW 117–81—DEC. 27, 2021 

(i) in subsection (b)(3)(A)(ii), by striking ‘‘section 

4351’’ in the matter to be inserted and inserting ‘‘section 4351(a)’’; 

(ii) in subsection (c)(2), by striking ‘‘section 4358’’ 

in the matter to be inserted and inserting ‘‘section 

4351(h)’’; 

(iii) in subsection (e)(4)(A), by striking ‘‘section 

4352(c)’’ in the matter to be inserted and inserting 

‘‘section 4351(b)(3)’’; 

(iv) in subsection (h)(2)(C)(ii), by striking ‘‘and 

inserting’’ and all that follows through ‘‘respectively’’ 

and inserting ‘‘and inserting ‘section 4351(e)’ and ‘section 4351(f)’, respectively’’; 

(v) in subsection (j)(3)(B)(ii), by striking ‘‘section 

4356(a)’’ in the matter to be inserted and inserting 

‘‘section 4351(f)’’; 

(vi) in subsection (k)(4)(D), by striking ‘‘section 

4352’’ in the matter to be inserted and inserting ‘‘section 4351’’; and 

(vii) in subsection (k)(6)(D)(i)(II), by striking ‘‘section 4356’’ in the matter to be inserted and inserting 

‘‘section 4351(f)’’. 

(p) TRANSFER OF SECTIONS 2196 & 2197 TO CHAPTER 384 

(MANUFACTURING TECHNOLOGY).— 

(1) TRANSFER.—Section 1869(d) of the FY2021 NDAA is 

amended— 

(A) by striking ‘‘SECTION 2522.—Section 2522 of title 

10, United States Code, is’’ and inserting ‘‘SECTIONS 2196, 

2197, AND 2522.— 

‘‘(1) TRANSFER.—Sections 2196, 2197, and 2522 of title 10, 

United States Code, are’’; 

(B) by striking ‘‘as section 4843’’ and inserting ‘‘as 

sections 4843, 4844, and 4845, respectively’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(2) CONFORMING AMENDMENTS.—Section 4844, as transferred and redesignated by paragraph (1), is amended in subsection (a)(6), by striking ‘section 2196’ and inserting ‘section 

4843’.’’. 

(2) TABLES OF SECTIONS.— 

(A) CHAPTER 384.—Section 1869(a) of the FY2021 

NDAA is amended in the matter to be inserted by striking 

the item relating to section 4843 and inserting the following: 

‘‘4843. Manufacturing engineering education program. 

‘‘4844. Manufacturing experts in the classroom. 

‘‘4845. Armament retooling and manufacturing.’’. 

(B) CHAPTER 111.—The table of sections at the beginning of chapter 111 of title 10, United States Code, is 

amended by striking the items relating to sections 2196 

and 2197. 

(q) REVISED TRANSFER OF SECTION 2358B.—Title XVIII of the 

FY2021 NDAA is amended as follows: 

(1) DELETION OF TRANSFER TO CHAPTER 303.—Section 

1842(b) is amended— 

(A) by striking ‘‘2358b,’’; and 

(B) by striking ‘‘4064,’’. 

10 USC 2358b, 

2359a, 2359b, 

2361a, 2365, 

2374a, 

4061–4063, 

4065, 4066. 

10 USC 2191 

prec. 

10 USC 4841 

prec. 

10 USC 2522, 

4845, 2196, 4843, 

2197, 4844. 

10 USC 4377. 

10 USC 4376. 

10 USC 4375. 

10 USC 4372. 

10 USC 4371. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2149 

(2) TRANSFER TO CHAPTER 87.—Subtitle J of title XVIII 

of the FY2021 NDAA is amended by inserting after section 

1878 the following new section: 

‘‘SEC. 1878A. TRANSFER OF TITLE 10 SECTION RELATING TO JOINT 

RESERVE DETACHMENT OF DEFENSE INNOVATION UNIT. 

‘‘(a) TRANSFER.—Section 2358b of title 10, United States Code, 

is transferred to subchapter V of chapter 87 of such title, inserted 

after section 1765, and redesignated as section 1766. 

‘‘(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the 

following new item: 

‘‘1766. Joint reserve detachment of the Defense Innovation Unit.’’. 

(r) REVISED SECTION RELATING TO ACQUISITION-RELATED FUNC- TIONS OF CHIEFS OF THE ARMED FORCES.—Title XVIII of the FY2021 

NDAA is amended as follows: 

(1) DELETION OF SEPARATE SECTION FOR ACQUISITIONS

FUNCTIONS OF SERVICE CHIEFS.—Section 1847 is amended— 

(A) in the matter to be inserted by subsection (a), 

by striking the item relating to section 4274 in the table 

of sections for subchapter IV and inserting: 

‘‘4274. øReserved¿.’’; and 

(B) in subsection (e), by striking paragraphs (4), (5), 

and (6)(B). 

(2) CROSS-REFERENCE AMENDMENT.—Section 1808(d) is 

amended by adding at the end the following new paragraph: 

‘‘(3) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and 

9033(d)(5) of such title are amended by striking ‘and 2547’ 

and inserting ‘and 3104’.’ ’’’. 

(s) REVISED TRANSFER OF SECTION RELATING TO NATIONAL

TECHNOLOGY AND INDUSTRIAL BASE.—Title XVIII of the FY2021 

NDAA is amended as follows: 

(1) DELETION OF PREVIOUS TRANSFER OF SECTION 2440.— 

Section 1847(b)(2) is amended— 

(A) by striking ‘‘TRANSFER OF’’ and all that follow 

through ‘‘(B)’’; and 

(B) by striking ‘‘paragraph (3)’’ in the matter to be 

inserted and inserting ‘‘section 4820 of this title’’. 

(2) REVISED TRANSFER.— (A) Section 2440 of title 10, United States Code, as 

amended by section 846(b) of the FY2021 NDAA, is transferred to chapter 382 of such title, inserted after section 

4819, and redesignated as section 4820. 

(B) The table of sections at the beginning of such 

chapter is amended by adding at the end the following 

new item: 

‘‘4820. National technology and industrial base plans, policy, and guidance.’’. 

(C) Such section 4820, as so transferred and redesignated, is amended— 

(i) in subsection (a), by striking ‘‘section 2501’’ 

and inserting ‘‘section 4811’’; and 

(ii) in subsection (b), by striking ‘‘chapter 148’’ 

and inserting ‘‘subchapters 381 through 385 and subchapter 389’’. 

(t) REVISION OF SUBCHAPTER III OF CHAPTER 385.—Section 

1870(d) of the FY2021 NDAA is amended— 

10 USC 4811 

prec. 

10 USC 4211. 

10 USC 2440, 

4211. 

10 USC 2547, 

7033, 8033, 8043, 

9033. 

10 USC 4271 

prec. 

10 USC 1761 

prec. 


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135 STAT. 2150 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) in the matter inserted by paragraph (1)— 

(A) by striking the items relating to sections 4871 

and 4872 and inserting the following new items: 

‘‘4871. Contracts: consideration of national security objectives. 

‘‘4872. Acquisition of sensitive materials from non-allied foreign nations: prohibition.’’; and 

(B) by adding after the item relating to section 4873, 

as added by this section, the following new item: 

‘‘4874. Award of certain contracts to entities controlled by a foreign government: 

prohibition.’’; 

(2) in paragraph (2)— 

(A) in the paragraph heading, by striking ‘‘sections 

2533c and 2536’’ and inserting ‘‘sections 2327, 2533c, and 

2536’’; 

(B) by striking ‘‘sections 2533c and 2536 of title 10’’ 

and inserting ‘‘sections 2327, 2533c, and 2536 of title 10’’; 

and 

(C) by striking ‘‘sections 4871 and 4872’’ and inserting 

‘‘sections 4871, 4872, and 4874’’; 

(3) in paragraph (3)— 

(A) in subparagraph (A), by striking ‘‘Section 4871’’ 

and inserting ‘‘Section 4872’’; and 

(B) in the matter inserted by subparagraph (B), by 

striking ‘‘4871’’ and inserting ‘‘4872’’; and 

(4) in the matter inserted by paragraph (4), by striking 

‘‘section 4872(c)(1)’’ and inserting ‘‘section 4874(c)(1)’’. 

(u) RESTRUCTURING OF CHAPTERS OF SUBPART E (RESEARCH

& ENGINEERING).—Section 1841 of the FY2021 NDAA is amended 

as follows: 

(1) REVISED SUBPART E.—The matter to be inserted by 

subsection (a)(2) is amended to read as follows: 

‘‘Subpart E—Research and Engineering 

‘‘301. Research and Engineering Generally ......................................................... 4001

‘‘303. Research and Engineering Activities ......................................................... 4061

‘‘305. Universities .................................................................................................. 4131

‘‘307. Test and Evaluation .................................................................................... 4171’’. 

(2) REVISED CHAPTER 301.—Section 1841 of the FY2021 

NDAA is further amended as follows: 

(A) REVISED TABLE OF SECTIONS.—The matter to be 

inserted by subsection (a)(1)(B) is amended— 

(i) by inserting after the item relating to chapter 

301 the following: 

‘‘SUBCHAPTER I—GENERAL’’; 

(ii) by striking the items relating to sections 4002, 

4003, and 4004 and inserting the following: 

‘‘4002. øReserved¿. 

‘‘4003. øReserved¿. 

‘‘4004. Contract authority for development and demonstration of initial or additional 

prototype units.’’; 

(iii) by striking the items relating to sections 4008 

and 4009 and inserting the following: 

‘‘4008. øReserved¿. 

‘‘4009. øReserved¿.’’; and 

10 USC 4001 

prec. 

10 USC 101 

prec., 3001 prec. 

10 USC 2572. 

10 USC 4871 

prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2151 

(iv) by striking the item relating to section 4015 

and inserting the following: 

‘‘SUBCHAPTER II—AGREEMENTS 

‘‘4021. Research projects: transactions other than contracts and grants. 

‘‘4022. Authority of the Department of Defense to carry out certain prototype 

projects. ‘‘4023. Procurement for experimental purposes. 

‘‘4024. Merit-based award of grants for research and development. 

‘‘4025. Prizes for advanced technology achievements. 

‘‘4026. Cooperative research and development agreements under Stevenson-Wydler 

Technology.’’. 

(B) REVISED TRANSFER OF TITLE 10 SECTIONS.—Subsection (b)(1) is amended— 

(i) by inserting ‘‘2302e, 2359,’’ after ‘‘2358,’’; 

(ii) by striking ‘‘and 2373’’ and inserting ‘‘, 2373, 

2374, 2374a, and 2371a’’; 

(iii) by striking ‘‘4002, 4003, and’’; and 

(iv) by inserting ‘‘, 4007, 4021, 4022, 4023, 4024, 

4025, and 4026’’ before ‘‘, respectively’’. 

(C) TECHNICAL AMENDMENT.—Subsection (b)(2)(A)(i) is 

amended by striking ‘‘by striking’’ and all that follows 

through the semicolon at the end and inserting ‘‘by striking 

‘section 2371 or 2371b’ and inserting ‘section 4021 or 

4022’;’’. 

(D) DESIGNATION OF SUBCHAPTERS.—Subsection (c) is 

amended to read as follows: 

‘‘(c) DESIGNATION OF SUBCHAPTERS.—Chapter 301 of such title, 

as added by subsection (a), is amended— 

‘‘(1) by inserting before section 4001, as transferred and 

redesignated by subsection (b)(1), the following: 

‘‘ ‘Subchapter I—General’; and 

‘‘(2) by inserting before section 4021, as transferred and 

redesignated by subsection (b)(1), the following: 

‘‘ ‘Subchapter II—Agreements’.’’. 

(E) REVISED TRANSFER OF SECTION 2364(A).—Subsection 

(d)(1) is amended by striking ‘‘section 4009’’ and inserting 

‘‘section 4007’’. 

(F) REVISED CROSS-REFERENCE AMENDMENTS.— 

(i) Subsection (b)(2) is amended— 

(I) in subparagraph (A)(ii), by striking ‘‘sections 4004’’ in the matter to be inserted and 

inserting ‘‘section 4023’’; 

(II) in subparagraph (A)(iii), by striking ‘‘sections 4002 and 4143’’ in the matter to be inserted 

and inserting ‘‘sections 4021 and 4026’’; 

(III) in subparagraph (B), by striking ‘‘Section 

4002’’ and inserting ‘‘Section 4021’’; 

(IV) in subparagraph (C)— 

(aa) by striking ‘‘Section 4003’’ and 

inserting ‘‘Section 4022’’; and 

(bb) by striking ‘‘section 4002’’ in the 

matter to be inserted and inserting ‘‘section 

4021’’; and 

10 USC 4001. 

10 USC 2364, 

4014. 

10 USC 2357, 

2359, 2361, 2374, 

4001 prec., 4021 

prec. 

10 USC 4001. 

10 USC 4004, 

4007, 4021–4026, 

2358, 2371, 

2371b, 2373, 

4001, 4002. 


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135 STAT. 2152 PUBLIC LAW 117–81—DEC. 27, 2021 

(V) by adding at the end the following new 

subparagraph: 

‘‘(D) Section 4004 of such title, as so transferred and 

redesignated, is amended by striking ‘section 2302(2)(B)’ 

in subsection (a) and inserting ‘section 3012(2)’.’’. 

(ii) Subsection (e)(2) is amended by striking ‘‘section 4003’’ in the matter to be inserted and inserting 

‘‘section 4022’’. 

(3) REVISED CHAPTER 303, SUBCHAPTER I.—Section 1842 of 

the FY2021 NDAA is amended as follows: 

(A) REVISED HEADING AND TABLE OF SECTIONS.—The 

matter to be inserted by subsection (a) is amended to 

read as follows: 

‘‘CHAPTER 303—RESEARCH AND ENGINEERING 

ACTIVITIES 

‘‘SUBCHAPTER I—GENERAL

‘‘Sec. 

‘‘4061. Defense Research and Development Rapid Innovation Program. 

‘‘4062. Defense Acquisition Challenge Program. 

‘‘4063. øReserved¿. ‘‘4064. øReserved¿. ‘‘4065. øReserved¿. ‘‘4066. Global Research Watch Program. 

‘‘4067. Technology protection features activities. 

‘‘SUBCHAPTER II—PERSONNEL

‘‘4091. Authorities for certain positions at science and technology reinvention laboratories. 

‘‘4092. Personnel management authority to attract experts in science and engineering. 

‘‘4093. Science, Mathematics, and Research for Transformation (SMART) Defense 

Education Program. 

‘‘SUBCHAPTER III—RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES

‘‘4121. øReserved¿. ‘‘4122. øReserved¿. ‘‘4123. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. 

‘‘4124. Centers for Science, Technology, and Engineering Partnership. 

‘‘4125. Functions of Defense research facilities. 

‘‘4126. Use of federally funded research and development centers. 

‘‘Subchapter I—General 

‘‘Subchapter II—Personnel 

‘‘Subchapter III—Research and Development Centers and 

Facilities’’. 

(B) TRANSFER OF TITLE 10 SECTIONS TO SUBCHAPTER

I.—Subsection (b) is amended— 

(i) by striking ‘‘2361a’’ and all that follows through 

‘‘2365’’ and inserting ‘‘2365, and 2357’’; 

(ii) by striking ‘‘after the table of sections’’ and 

inserting ‘‘after the heading for subchapter I’’; and 

(iii) by striking ‘‘4063’’ and all that follows through 

‘‘4066’’ and inserting ‘‘4066, and 4067’’. 

(C) REVISED CROSS-REFERENCE AMENDMENT.—Subsection (c)(1) is amended by striking ‘‘section 4065’’ in the 

matter to be inserted and inserting ‘‘section 4025’’. 

10 USC 2357, 

4067, 2358b, 

2359a, 2359b, 

2361a, 2365, 

2374a, 4061, 

4062, 4066. 

10 USC 4123 

prec. 

10 USC 4091 

prec. 

10 USC 4061 

prec. 

10 USC 4061 

prec. 

10 USC 2501 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2153 

(4) REVISED CHAPTER 303, SUBCHAPTERS II & III.— (A) IN GENERAL.—Section 1843 of the FY2021 NDAA 

is amended by striking the section heading and subsections 

(a) and (b) and inserting the following: 

‘‘SEC. 1843. PERSONNEL; RESEARCH AND DEVELOPMENT CENTERS 

AND FACILITIES. 

‘‘(a) TRANSFER OF TITLE 10 SECTIONS TO SUBCHAPTER II.— 

Sections 2358a, 1599h, and 2192a of title 10, United States Code, 

are transferred to subchapter II of chapter 303 of such title, as 

added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4091, 4092, and 

4093, respectively. 

‘‘(b) TRANSFER OF TITLE 10 SECTIONS TO SUBCHAPTER III.— 

‘‘(1) IN GENERAL.—Sections 2363, 2368, and 2367 of title 

10, United States Code, are transferred to subchapter III of 

chapter 303 of such title, as added by section 1842(a), inserted 

(in that order) after the subchapter heading, and redesignated 

as sections 4123, 4124, and 4126, respectively. 

‘‘(2) TRANSFER OF SECTION 2364(B) AND (C).— 

‘‘(A) HEADING.—Such subchapter III is further 

amended by inserting after section 4124, as transferred 

and redesignated by paragraph (1), the following: 

‘‘ ‘§ 4125. Functions of Defense research facilities’. 

‘‘(B) TEXT.—Subsections (b) and (c) of section 2364 

of such title are transferred to such subchapter, inserted 

after the section heading for section 4125, as added by 

subparagraph (A), and redesignated as subsections (a) and 

(b), respectively.’’. 

(B) REVISED CROSS-REFERENCE AMENDMENT.—Subsection (c) of such section 1843 is amended by striking 

‘‘section 4103(a)’’ in the matter to be inserted and inserting 

‘‘section 4123(a)’’. 

(C) CONFORMING AMENDMENTS TO TRANSFERRED SECTION.—Such section 1843 is further amended by adding 

at the end the following new subsection: 

‘‘(d) CONFORMING AMENDMENTS TO TRANSFERRED SECTION.— 

Section 4124 of such title, as transferred and redesignated by subsection (b)(1), is amended in subsection (b)(3)(B)(ii), by striking 

‘2358, 2371, 2511, 2539b, and 2563’ and inserting ‘2563, 4001, 

4021, 4831, and 4062’.’’. 

(5) REVISED CHAPTER 305.— (A) NEW CHAPTER 305.—Subsection (a) of section 1844 

of the FY2021 NDAA is amended— 

(i) by striking ‘‘chapter 305, as added by the preceding section’’ and inserting ‘‘chapter 303, as added 

by section 1842’’; and 

(ii) by striking the matter inserted by that subsection and inserting: 

‘‘CHAPTER 305—UNIVERSITIES 

‘‘Sec. 

‘‘4141. Award of grants and contracts to colleges and universities: requirement of 

competition. ‘‘4142. Extramural acquisition innovation and research activities. 

‘‘4143. Research and development laboratories: contracts for services of university 

students. 

10 USC 4141 

prec. 

10 USC 2805. 

10 USC 4092, 

4093, 4091, 4123, 

4126, 4124, 2364, 

2358a, 2360, 

2363, 4125. 


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135 STAT. 2154 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘4144. Research and educational programs and activities: historically black colleges 

and universities and minority-serving institutions of higher education.’’. 

(B) TRANSFER OF TITLE 10 SECTIONS TO NEW CHAPTER

305.—Such section is further amended by striking subsections (b), (c), (d), and (e) and inserting the following: 

‘‘(b) TRANSFER OF TITLE 10 SECTIONS.—Sections 2361, 2361a, 

2360, and 2362 of title 10, United States Code, are transferred 

to chapter 305 of such title, as added by subsection (a), inserted 

(in that order) after the table of sections, and redesignated as 

section 4141, 4142, 4143, and 4144, respectively.’’. 

(6) REVISED CHAPTER 307.— 

(A) REDESIGNATION OF CHAPTER 309 AS CHAPTER 307.— 

Subsection (a) of section 1845 of the FY2021 NDAA is 

amended— 

(i) by striking ‘‘chapter 307, as added by the preceding section’’ and inserting ‘‘chapter 305, as added 

by section 1844’’; and 

(ii) by redesignating the chapter added by that 

section as chapter 307. 

(B) TRANSFER OF ADDITIONAL SECTIONS TO REDESIGNATED CHAPTER 307.—Subsection (b) of such section is 

amended— 

(i) by striking ‘‘and 196’’ and inserting ‘‘196, 2353, 

and 2681’’; and 

(ii) by striking ‘‘section 4171, 4172, and 4173’’ and 

inserting ‘‘sections 4171, 4172, 4173, 4174, and 4175’’. 

(C) TABLE OF SECTIONS.—The table of sections inserted 

by subsection (a) of such section is amended by adding 

at the end the following new items: 

‘‘4174. Contracts: acquisition, construction, or furnishing of test facilities and equipment. 

‘‘4175. Use of test and evaluation installations by commercial entities.’’. 

(v) CONFORMING AMENDMENTS TO DELETE CONFLICTING TRANSFERS OF CERTAIN SECTIONS.— (1) DELETION OF TRANSFER OF SECTION 2302E TO CHAPTER

243.—Section 1818 of the FY2021 NDAA is amended— 

(A) by striking subsection (c); and 

(B) by striking the last item in the table of sections 

inserted by subsection (a). 

(2) DELETION OF TRANSFER OF SECTION 2362 TO CHAPTER

287.—Section 1838 of the FY2021 NDAA is amended— 

(A) in subsection (b), by striking ‘‘2362,’’ and ‘‘3904,’’; 

and 

(B) by striking the item relating to section 3904 in 

the table of sections inserted by subsection (a) and inserting 

the following new item: 

‘‘3904. øReserved¿.’’. 

(w) AMENDMENTS TO TABLES OF SECTIONS NOT IN PART V.— 

Title 10, United States Code, is amended as follows: 

(1) The table of sections at the beginning of chapter 81 

is amended by striking the item relating to section 1599h. 

(2) The table of sections at the beginning of chapter 111 

is amended by striking the item relating to section 2192a. 

(3) The table of sections at the beginning of chapter 159 

is amended by striking the item relating to section 2681. 

10 USC 2661 

prec. 

10 USC 2191 

prec. 

10 USC 1580 

prec. 

10 USC 2304e, 

2323a, 2362, 

2410d, 2410n, 

3901–3903, 3905. 

10 USC 3901 

prec. 

10 USC 3344 

prec. 

10 USC 2302e. 

10 USC 4171 

prec. 

10 USC 4174, 

4175, 196, 2366, 

2399, 4171–4173. 

10 USC 4171 

prec. 

10 USC 114, 

2224 note, 2350a 

prec., 2350l, 

2353, 2364, 2367, 

2368, 2371a, 

2661 prec., 2681. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2155 

SEC. 1702. CONFORMING CROSS REFERENCE TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES. 

(a) AMENDMENTS TO TITLE 10, UNITED STATES CODE.—Title 

10, United States Code, is amended as follows: 

(1) Section 171a(i)(3) is amended by striking ‘‘2366a(d)’’ 

and inserting ‘‘4251(d)’’. 

(2) Section 181(b)(6) is amended by striking ‘‘sections 

2366a(b), 2366b(a)(4),’’ and inserting ‘‘sections 4251(b), 

4252(a)(4),’’. 

(3) Section 1734(c)(2) is amended by striking ‘‘section 

2435(a)’’ and inserting ‘‘section 4214(a)’’. 

(b) AMENDMENTS TO LAWS CLASSIFIED AS NOTES IN TITLE 10, 

UNITED STATES CODE.— (1) Section 801(1) of the National Defense Authorization 

Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2302 

note) is amended by striking ‘‘section 2545’’ and inserting ‘‘section 3001’’. 

(2) Section 323(a) of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111–383; 

10 U.S.C. 2463 note) is amended by striking ‘‘section 235, 

2330a, or 2463’’ and inserting ‘‘section 2463, 3137, or 4505’’. 

(3) Section 8065 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 10 U.S.C. 2540 note), 

is amended— 

(A) by striking ‘‘subchapter VI of chapter 148’’ both 

places it appears and inserting ‘‘subchapter I of chapter 

389’’; and 

(B) by striking ‘‘section 2540c(d)’’ and inserting ‘‘section 

4974(d)’’. 

(c) AMENDMENTS TO LAWS CLASSIFIED IN TITLE 6, UNITED

STATES CODE (HOMELAND SECURITY).— 

(1) Section 831(a)(1) of the Homeland Security Act of 2002 

(6 U.S.C. 391(a)) is amended by striking ‘‘section 2371’’ and 

inserting ‘‘section 4021’’. 

(2) Section 853(b) of such Act (6 U.S.C. 423(b)) is amended 

by striking paragraphs (1), (2), and (3) and inserting the following: 

‘‘(1) Section 134 of title 41, United States Code. 

‘‘(2) Section 153 of title 41, United States Code. 

‘‘(3) Section 3015 of title 10, United States Code.’’. 

(3) Section 855 of such Act (6 U.S.C. 425) is amended— 

(A) in subsection (a)(2), by striking subparagraphs (A), 

(B), and (C) and inserting the following: 

‘‘(A) Sections 1901 and 1906 of title 41, United States 

Code. 

‘‘(B) Section 3205 of title 10, United States Code. 

‘‘(C) Section 3305 of title 41, United States Code.’’; 

and 

(B) in subsection (b)(1), by striking ‘‘provided in’’ and 

all that follows through ‘‘shall not’’ and inserting ‘‘provided 

in section 1901(a)(2) of title 41, United States Code, section 

3205(a)(2) of title 10, United States Code, and section 

3305(a)(2) of title 41, United States Code, shall not’’. 

(4) Section 856(a) of such Act (6 U.S.C. 426(a)) is amended 

by striking paragraphs (1), (2), and (3) and inserting the following: 


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135 STAT. 2156 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(1) FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT

OF 1949.—In division C of subtitle I of title 41, United States 

Code: 

‘‘(A) Paragraphs (1), (2), (6), and (7) of subsection (a) 

of section 3304 of such title, relating to use of procedures 

other than competitive procedures under certain circumstances (subject to subsection (d) of such section). 

‘‘(B) Section 4106 of such title, relating to orders under 

task and delivery order contracts. 

‘‘(2) TITLE 10, UNITED STATES CODE.—In part V of subtitle 

A of title 10, United States Code: 

‘‘(A) Paragraphs (1), (2), (6), and (7) of subsection (a) 

of section 3204, relating to use of procedures other than 

competitive procedures under certain circumstances (subject to subsection (d) of such section). 

‘‘(B) Section 3406, relating to orders under task and 

delivery order contracts. 

‘‘(3) OFFICE OF FEDERAL PROCUREMENT POLICY ACT.—Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, 

United Sates Code, relating to inapplicability of a requirement 

for procurement notice.’’. 

(5) Section 604(f) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(f)) is amended by striking 

‘‘section 2304(g)’’ and inserting ‘‘section 3205’’. 

(d) AMENDMENTS TO TITLE 14, UNITED STATES CODE (COAST

GUARD).—Title 14, United States Code, is amended as follows: 

(1) Section 308(c)(10)(B)(ii) is amended by striking ‘‘section 

2547(c)(1)’’ and inserting ‘‘section 3104(c)(1)’’. 

(2) Section 1137(b)(4) is amended by striking ‘‘section 

2306b’’ and inserting ‘‘section 3501’’. 

(3) Section 1906(b)(2) is amended by striking ‘‘chapter 137’’ 

and inserting ‘‘sections 3201 through 3205’’. 

(e) AMENDMENTS TO LAWS CLASSIFIED IN TITLE 15, UNITED

STATES CODE (COMMERCE).— 

(1) Section 14(a) of the Metric Conversion Act of 1975 

(15 U.S.C. 205l(a)) is amended— 

(A) in the first sentence, by striking ‘‘set forth in 

chapter 137’’ and all that follows through ‘‘et seq.),’’ and 

inserting ‘‘set forth in the provisions of title 10, United 

States Code, referred to in section 3016 of such title as 

‘chapter 137 legacy provisions’, section 3453 of such title, 

division C (except sections 3302, 3307(e), 3501(b), 3509, 

3906, 4710, and 4711) of subtitle I of title 41, United 

States Code,’’; 

(B) in the second sentence, by striking ‘‘under section 

2377(c)’’ and all that follows through the period and 

inserting ‘‘under section 3453(c) of title 10, United States 

Code, and section 3307(d) of title 41, United States Code.’’; 

and 

(C) in the third sentence, by striking ‘‘section 2377’’ 

and all that follows through ‘‘shall take’’ and inserting 

‘‘section 3453 of title 10, United Sates Code, or section 

3307(b) to (d) of title 41, United States Code, then the 

provisions of such sections 3453 or 3307(b) to (d) shall 

take’’. 

(2) Section 8 of the Small Business Act (15 U.S.C. 637) 

is amended— 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2157 

(A) in subsection (g)(2), by striking ‘‘section 2304(c)’’ 

and inserting ‘‘section 3204(a)’’; and 

(B) in subsection (h)— 

(i) in paragraph (1)(B), by striking ‘‘chapter 137’’ 

and inserting ‘‘sections 3201 through 3205’’; and 

(ii) in paragraph (2), by striking ‘‘section 2304(f)(2)’’ 

and ‘‘section 2304(f)(1)’’, and inserting ‘‘paragraphs (3) 

and (4) of section 3204(e)’’ and ‘‘section 3204(e)(1)’’, 

respectively. 

(3) Section 9 of the Small Business Act (15 U.S.C. 638) 

is amended in subsection (r)(4)(A) by striking ‘‘section 2304’’ 

and inserting ‘‘sections 3201 through 3205’’. 

(4) Section 884(a)(2) of the National Defense Authorization 

Act for Fiscal Year 2020 (Public Law 116–92; 15 U.S.C. 638 

note) is amended by striking ‘‘section 2500’’ and inserting ‘‘section 4801’’. 

(5) Section 15 of the Small Business Act (15 U.S.C. 644) 

is amended— 

(A) in subsection (k)— 

(i) in paragraph (17)(B), by striking ‘‘section 2318’’ 

and inserting ‘‘section 3249’’; 

(ii) in paragraph (17)(C), by striking ‘‘chapter 142’’ 

and inserting ‘‘chapter 388’’; and 

(iii) in paragraph (18), by striking ‘‘section 2784’’ 

and inserting ‘‘section 4754’’; 

(B) in subsection (r)(2), by striking ‘‘section 2304c(b)’’ 

and inserting ‘‘section 3406(c)’’; and 

(C) in subsections (u) and (v), by striking ‘‘chapter 

142’’ and inserting ‘‘chapter 388’’. 

(6) Section 16 of the Small Business Act (15 U.S.C. 645) 

is amended in subsection (d)(3) by striking ‘‘chapter 142’’ and 

inserting ‘‘chapter 388’’. 

(7) Section 272 of the National Defense Authorization Act 

for Fiscal Years 1988 and 1989 (Public Law 100–180; 15 U.S.C. 

4602) is amended in subsection (c) by striking ‘‘section 2306a’’ 

and inserting ‘‘chapter 271’’. 

(f) AMENDMENTS TO TITLES 32, UNITED STATES CODE (NATIONAL

GUARD) AND 37, UNITED STATES CODE (PAY AND ALLOWANCES).— 

(1) Section 113 of title 32, United States Code, is amended 

in subsection (b)(1)(B) by striking ‘‘section 2304(c)’’ and 

inserting ‘‘section 3204(a)’’. 

(2) Section 418 of title 37, United States Code, is amended 

in subsection (d)(2)(A)— 

(A) by striking ‘‘section 2533a’’ and inserting ‘‘section 

4862’’; and 

(B) by striking ‘‘chapter 137 of title 10’’ and inserting 

‘‘chapter 137 legacy provisions (as such term is defined 

in section 3016 of title 10)’’. 

(g) AMENDMENTS TO TITLE 40, UNITED STATES CODE (PUBLIC

BUILDINGS).—Title 40, United States Code, is amended as follows: 

(1) Section 113(e) is amended— 

(A) in paragraph (3)— 

(i) by striking ‘‘chapter 137’’ and inserting ‘‘section 

3063’’; and 

(ii) by striking ‘‘that chapter;’’ and inserting ‘‘the 

provisions of that title referred to in section 3016 of 

such title as ‘chapter 137 legacy provisions’;’’; and 


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135 STAT. 2158 PUBLIC LAW 117–81—DEC. 27, 2021 

(B) in paragraph (5), by striking ‘‘section 2535’’ and 

inserting ‘‘section 4881’’. 

(2) Section 581(f)(1)(A) is amended by striking ‘‘section 

2535’’ and inserting ‘‘section 4881’’. 

(h) AMENDMENTS TO TITLE 41, UNITED STATES CODE (PUBLIC

CONTRACTS).—Title 41, United States Code, is amended as follows: 

(1) Section 1127(b) is amended by striking ‘‘section 

2324(e)(1)(P)’’ and inserting ‘‘section 3744(a)(16)’’. 

(2) Section 1303(a)(1) is amended by striking ‘‘chapters 

4 and 137 of title 10’’ and inserting ‘‘chapter 4 of title 10, 

chapter 137 legacy provisions (as such term is defined in section 

3016 of title 10)’’. 

(3) Section 1502(b)(1)(B) is amended by striking ‘‘section 

2306a(a)(1)(A)(i)’’ and inserting ‘‘section 3702(a)(1)(A)’’. 

(4) Section 1708(b)(2)(A) is amended by striking ‘‘section 

2304(c)’’ and inserting ‘‘section 3204(a)’’. 

(5) Section 1712(b)(2)(B) is amended by striking ‘‘section 

2304(c)’’ and inserting ‘‘section 3204(a)’’. 

(6) Section 1901(e)(2) is amended by striking ‘‘section 

2304(f)’’ and inserting ‘‘section 3204(e)’’. 

(7) Section 1903 is amended— 

(A) in subsection (b)(3), by striking ‘‘section 

2304(g)(1)(B)’’ and inserting ‘‘section 3205(a)(2)’’; and 

(B) in subsection (c)(2)(B), by striking ‘‘section 2306a’’ 

and inserting ‘‘chapter 271’’. 

(8) Section 1907(a)(3)(B)(ii) is amended by striking ‘‘section 

2305(e) and (f)’’ and inserting ‘‘section 3308’’. 

(9) Section 1909(e) is amended by striking ‘‘section 2784’’ 

and inserting ‘‘section 4754’’. 

(10) Section 2101(2)(A) is amended by striking ‘‘section 

2306a(h)’’ and inserting ‘‘section 3701’’. 

(11) Section 2311 is amended by striking ‘‘section 2371’’ 

and inserting ‘‘section 4021’’. 

(12) Section 3302 is amended— 

(A) in subsection (a)(3)— 

(i) in subparagraph (A), by striking ‘‘section 

2302(2)(C)’’ and inserting ‘‘section 3012(3)’’; and 

(ii) in subparagraph (B), by striking ‘‘sections 

2304a to 2304d of title 10,’’ and inserting ‘‘chapter 

245 of title 10’’; 

(B) in subsection (c)(1)(A)(i), by striking ‘‘section 

2304c(b)’’ and inserting ‘‘section 3406(c)’’; and 

(C) in subsection (d)(1)(B), by striking ‘‘section 

2304(f)(1)’’ and inserting ‘‘section 3204(e)(1)’’. 

(13) Section 3307(e)(1) is amended by striking ‘‘chapter 

140’’ and inserting ‘‘chapter 247’’. 

(14) Section 4104 is amended— 

(A) in subsection (a), by striking ‘‘sections 2304a to 

2304d’’ and inserting ‘‘chapter 245’’; and 

(B) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘sections 2304a 

to 2304d’’ and inserting ‘‘chapter 245’’; 

(ii) in paragraph (2)(B), by striking ‘‘section 

2304c(b)’’ and inserting ‘‘section 3406(c)’’; and 

(iii) in paragraph (2)(C), by striking ‘‘section 

2304c(c)’’ and inserting ‘‘section 3406(e)’’. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2159 

(i) AMENDMENTS TO LAWS CLASSIFIED AS NOTES IN TITLE 41, 

UNITED STATES CODE.— 

(1) Section 555 of the FAA Reauthorization Act of 2018 

(Public Law 115–254; 41 U.S.C. preceding 3101 note) is 

amended by striking ‘‘section 2305’’ in subsections (a)(4) and 

(c)(1) and inserting ‘‘sections 3206 through 3208 and sections 

3301 through 3309’’. 

(2) Section 846(f)(5) of the National Defense Authorization 

Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 

note) is amended by striking ‘‘section 2304’’ and inserting ‘‘sections 3201 through 3205’’. 

(3) Section 811 of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84; 41 U.S.C. 3304 note) 

is amended— 

(A) in subsection (a)(3), by striking ‘‘sections 

2304(f)(1)(C) and 2304(l)’’ and inserting ‘‘sections 

3204(e)(1)(C) and 3204(f)’’; and 

(B) in subsection (c)— 

(i) in paragraph (1)(A), by striking ‘‘section 

2304(f)(2)(D)(ii)’’ and inserting ‘‘section 

3204(e)(4)(D)(ii)’’; 

(ii) in paragraph (2)(A), by striking ‘‘section 

2302(1)’’ and inserting ‘‘section 3004’’; and 

(iii) in paragraph (3)(A), by striking ‘‘section 

2304(f)(1)(B)’’ and inserting ‘‘section 3204(e)(1)(B)’’. 

(j) AMENDMENTS TO LAWS CLASSIFIED IN TITLE 42, UNITED

STATES CODE.— 

(1) The Public Health Service Act (Public Law 78–410) 

is amended— 

(A) in section 301(a)(7) (42 U.S.C. 241(a)(7)), by striking 

‘‘sections 2353 and 2354’’ and inserting ‘‘sections 3861 and 

4141’’; and 

(B) in section 405(b)(1) (42 U.S.C. 284(b)(1)), by striking 

‘‘section 2354’’ and inserting ‘‘section 3861’’. 

(2) Section 403(a) of the Housing Amendments of 1955 

(42 U.S.C. 1594(a)) is amended by striking ‘‘section 3 of the 

Armed Services Procurement Act of 1947’’ and inserting ‘‘chapters 221 and 241 of title 10, United States Code’’. 

(3) Title II of the Department of Housing and Urban 

Development-Independent Agencies Appropriations Act, 1986 

(Public Law 99–160), is amended by striking ‘‘section 2354’’ 

in the last proviso in the paragraph under the heading 

‘‘National Science Foundation—Research and Related Activities’’ (42 U.S.C. 1887) and inserting ‘‘section 3861’’. 

(4) Section 306(b)(2) of the Disaster Mitigation Act of 2000 

(42 U.S.C. 5206(b)(2)) is amended by striking ‘‘section 2393(c)’’ 

and inserting ‘‘section 4654(c)’’. 

(5) Section 801(c)(2) of the National Energy Conservation 

Policy Act (42 U.S.C. 8287) is amended by striking ‘‘section 

2304c(d)’’ and all that follows and inserting ‘‘section 3406(d) 

of title 10, United States Code, and section 4106(d) of title 

41, United States Code.’’. 

(6) Section 3021(a) of the Energy Policy Act of 1992 (42 

U.S.C. 13556) is amended by striking ‘‘chapter 137 of title 

10’’ and inserting ‘‘chapter 137 legacy provisions (as such term 

is defined in section 3016 of title 10, United States Code)’’. 


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135 STAT. 2160 PUBLIC LAW 117–81—DEC. 27, 2021 

(k) AMENDMENTS TO LAWS CLASSIFIED IN TITLE 50, UNITED

STATES CODE.— (1) Section 141(a) of the Bob Stump National Defense 

Authorization Act for Fiscal Year 2003 (Public Law 107–314; 

50 U.S.C. 1521a(a)) is amended by striking ‘‘section 2430’’ and 

inserting ‘‘section 4201’’. 

(2) Section 502(a) of the National Emergencies Act (50 

U.S.C. 1651(a)) is amended by striking paragraphs (1) through 

(5) and inserting the following: 

‘‘(1) Chapters 1 to 11 of title 40, United States Code, 

and division C (except sections 3302, 3307(e), 3501(b), 3509, 

3906, 4710, and 4711) of subtitle I of title 41, United States 

Code. 

‘‘(2) Section 3727(a)–(e)(1) of title 31, United States Code. 

‘‘(3) Section 6305 of title 41, United States Code. 

‘‘(4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 

972; 50 U.S.C. 1431 et seq.). 

‘‘(5) Section 3201(a) of title 10, United States Code.’’. 

(3) The Atomic Energy Defense Act is amended as follows: 

(A) Sections 4217 and 4311 (50 U.S.C. 2537, 2577) 

are each amended in subsection (a)(2) by striking ‘‘section 

2432’’ and inserting ‘‘section 4351’’. 

(B) Section 4813 (50 U.S.C. 2794) is amended by 

striking ‘‘section 2500’’ in subsection (c)(1)(C) and inserting 

‘‘section 4801’’. 

(4) Section 107 of the Defense Production Act (50 U.S.C. 

4517) is amended in subsection (b)(2)(B) by striking clauses 

(i) and (ii) and inserting the following: 

‘‘(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10, 

United States Code; 

‘‘(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41, 

United States Code; or’’. 

(l) OTHER AMENDMENTS.— 

(1) Section 1473H of the National Agriculture Advanced 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3319k) is amended by striking ‘‘section 2371’’ in subsections 

(b)(6)(A) and (d)(1)(B) and inserting ‘‘section 4021’’. 

(2) Section 1301 of title 17, United States Code, is amended 

in subsection (a)(3) by striking ‘‘section 2320’’ and inserting 

‘‘subchapter I of chapter 275’’. 

(3) Section 21 of the Arms Export Control Act (22 U.S.C. 

2761) is amended by striking ‘‘chapter 137’’ in subsection (l)(4) 

and subsection (m)(4) and inserting ‘‘chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, 

United States Code)’’. 

(4) Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 (Public Law 

101–533; 22 U.S.C. 3142) is amended in subsection (c)(2) by 

striking ‘‘section 2505’’ and inserting ‘‘section 4816’’. 

(5) Section 3553 of title 31, United States Code, is amended 

in subsection (d)(4)(B) by striking ‘‘section 2305(b)(5)(B)(vii)’’ 

and inserting ‘‘section 3304(c)(1)(G)’’. 

(6) Section 226 of the Water Resources Development Act 

of 1992 (33 U.S.C. 569f) is amended by striking ‘‘section 2393(c)’’ 

and inserting ‘‘section 4654(c)’’. 

(7) Section 40728B(e) of title 36, United States Code, is 

amended— 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2161 

(A) striking ‘‘subsection (k) of section 2304’’ and 

inserting ‘‘section 3201(e)’’; and 

(B) by striking ‘‘subsection (c) of such section’’ and 

inserting ‘‘section 3204(a)’’. 

(8) Section 1427(b) of the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136; 40 U.S.C. 1103 

note) is amended by striking ‘‘sections 2304a and 2304b’’ and 

inserting ‘‘sections 3403 and 3405’’. 

(9) Section 895(b) of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 40 U.S.C. 11103 

note) is amended by striking ‘‘section 2366a(d)(7)’’ and inserting 

‘‘section 4251(d)(5)’’. 

(10) Sections 50113(c), 50115(b), and 50132(a) of title 51, 

United States Code, are amended by striking ‘‘including chapters 137 and 140’’ and inserting ‘‘including applicable provisions 

of chapters 201 through 285, 341 through 343, and 363’’. 

(11) Section 823(c)(3)(C) of the National Aeronautics and 

Space Administration Transition Authorization Act of 2017 

(Public Law 115–10; 51 U.S.C. preceding 30301 note) is 

amended by striking ‘‘section 2319’’ and inserting ‘‘section 

3243’’. 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2003. Effective date and automatic execution of conforming changes to tables 

of sections, tables of contents, and similar tabular entries. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project. 

Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, 

Texas. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2021 project. 

Sec. 2107. Additional authorized funding source for certain fiscal year 2022 project. 

SEC. 2001. SHORT TITLE. 

This division and title XLVI of division D may be cited as 

the ‘‘Military Construction Authorization Act for Fiscal Year 2022’’. 

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS 

REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 

Except as provided in subsection (b), all authorizations contained 

in titles XXI through XXVII for military construction projects, land 

acquisition, family housing projects and facilities, and contributions 

to the North Atlantic Treaty Organization Security Investment 

Program (and authorizations of appropriations therefor) shall expire 

on the later of— 

(1) October 1, 2024; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2025. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 

for military construction projects, land acquisition, family housing 

Military 

Construction 

Authorization 

Act for Fiscal 

Year 2022. 


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135 STAT. 2162 PUBLIC LAW 117–81—DEC. 27, 2021 

projects and facilities, and contributions to the North Atlantic 

Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have 

been obligated before the later of— 

(1) October 1, 2024; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2025 for military construction projects, land 

acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. 

SEC. 2003. EFFECTIVE DATE AND AUTOMATIC EXECUTION OF CONFORMING CHANGES TO TABLES OF SECTIONS, TABLES 

OF CONTENTS, AND SIMILAR TABULAR ENTRIES. 

(a) EFFECTIVE DATE.—Titles XXI through XXVII shall take 

effect on the later of— 

(1) October 1, 2021; or 

(2) the date of the enactment of this Act. 

(b) ELIMINATION OF NEED FOR CERTAIN SEPARATE CONFORMING

AMENDMENTS.— (1) AUTOMATIC EXECUTION OF CONFORMING CHANGES.— When an amendment made by a provision of this division 

to a covered defense law adds a section or larger organizational 

unit to the covered defense law, repeals or transfers a section 

or larger organizational unit in the covered defense law, or 

amends the designation or heading of a section or larger 

organizational unit in the covered defense law, that amendment 

also shall have the effect of amending any table of sections, 

table of contents, or similar table of tabular entries in the 

covered defense law to alter the table to conform to the changes 

made by the amendment. 

(2) EXCEPTIONS.—Paragraph (1) shall not apply to an 

amendment described in such paragraph when— 

(A) the amendment, or a separate clerical amendment 

enacted at the same time as the amendment, expressly 

amends a table of sections, table of contents, or similar 

table of tabular entries in the covered defense law to alter 

the table to conform to the changes made by the amendment; or 

(B) the amendment otherwise expressly exempts itself 

from the operation of this section. 

(3) COVERED DEFENSE LAW.—In this subsection, the term 

‘‘covered defense law’’ means— 

(A) titles 10, 32, and 37 of the United States Code; 

(B) any national defense authorization Act or military 

construction authorization Act that authorizes funds to 

be appropriated for a fiscal year to the Department of 

Defense; and 

(C) any other law designated in the text thereof as 

a covered defense law for purposes of application of this 

section. 

TITLE XXI—ARMY MILITARY 

CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

10 USC 101 note, 

2801 prec., 2851 

prec., 2871 prec., 

8604 prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2163 

Sec. 2103. Authorization of appropriations, Army. 

Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project. 

Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, 

Texas. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2021 project. 

Sec. 2107. Additional authorized funding source for certain fiscal year 2022 project. 

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2103(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama .................... Anniston Army Depot .............................. $25,000,000 

Fort Rucker .............................................. $66,000,000 

Redstone Arsenal ..................................... $55,000,000 

California .................. Fort Irwin ................................................. $52,000,000 

Georgia ...................... Fort Stewart ............................................. $105,000,000 

Hawaii ....................... West Loch Naval Magazine Annex ........ $51,000,000 

Wheeler Army Airfield ............................ $140,000,000 

Kansas ....................... Fort Leavenworth .................................... $34,000,000 

Kentucky ................... Fort Knox ................................................. $27,000,000 

Louisiana ................... Fort Polk ................................................... $111,000,000 

Maryland ................... Fort Detrick .............................................. $23,981,000 

Fort Meade ............................................... $81,000,000 

New Mexico ............... White Sands Missile Range .................... $29,000,000 

New York .................. Fort Hamilton .......................................... $26,000,000 

Watervliet Arsenal ................................... $20,000,000 

Pennsylvania ............. Letterkenny Army Depot ........................ $21,000,000 

Texas ......................... Fort Hood ................................................. $130,000,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2103(a) 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military 

construction projects for the installations outside the United States, 

and in the amounts, set forth in the following table: 

Army: Outside the United States 

State Installation Amount 

Belgium ..................... Shape Headquarters ................................ $16,000,000 

Germany .................... East Camp Grafenwoehr ......................... $103,000,000 

Smith Barracks ........................................ $33,500,000 

Classified Location ... Classified Location ................................... $31,000,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 


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135 STAT. 2164 PUBLIC LAW 117–81—DEC. 27, 2021 

2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the 

Army may construct or acquire family housing units (including 

land acquisition and supporting facilities) at the installation or 

location, in the number of units or for the purpose, and in the 

amount set forth in the following table: 

Army: Family Housing 

Country Installation or Location Units or Purpose Amount 

Italy ........... Vicenza .......................... Family Housing New 

Construction ............ $92,304,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2103(a) 

and available for military family housing functions as specified 

in the funding table in section 4601, the Secretary of the Army 

may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed 

$22,545,000. 

SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and 

military family housing functions of the Department of the Army 

as specified in the funding table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2101 may not exceed the total amount authorized to be appropriated 

under subsection (a), as specified in the funding table in section 

4601. 

SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL 

YEAR 2017 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2017 (division B 

of Public Law 114–328; 130 Stat. 2688), the authorization set forth 

in the table in subsection (b), as provided in section 2101 of that 

Act (130 Stat. 2689), shall remain in effect until October 1, 2023, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2024, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2165 

Army: Extension of 2017 Project Authorization 

Country Installation Project 

Original Authorized 

Amount 

Germany .... Wiesbaden Army 

Airfield .............. Hazardous Material Storage 

Building ........ $2,700,000 

SEC. 2105. ADDITIONAL AUTHORITY TO CARRY OUT FISCAL YEAR 2018 

PROJECT AT FORT BLISS, TEXAS. 

(a) PROJECT AUTHORIZATION.—The Secretary of the Army may 

carry out a military construction project to construct a defense 

access road at Fort Bliss, Texas, in the amount of $20,000,000. 

(b) USE OF AMOUNTS.—The Secretary of the Army may use 

funds appropriated under section 131 of the Military Construction, 

Veterans Affairs, and Related Agencies Appropriations Act, 2018 

(title I of division J of Public Law 115–141; 132 Stat. 805) for 

the Defense Access Road Program to carry out subsection (a). 

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2021 PROJECT. 

(a) MODIFICATION OF PROJECT AUTHORITY.—In the case of the 

authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division 

B of Public Law 116–283) for Fort Wainwright, Alaska, for construction of Unaccompanied Enlisted Personnel Housing, as specified 

in the funding table in section 4601 of such Public Law, the Secretary of the Army may construct— 

(1) an Unaccompanied Enlisted Personnel Housing building 

of 104,300 square feet to incorporate a modified standard 

design; and 

(2) an outdoor recreational shelter, sports fields and courts, 

barbecue and leisure area, and fitness stations associated with 

the Unaccompanied Enlisted Personnel Housing. 

(b) MODIFICATION OF PROJECT AMOUNTS.— 

(1) DIVISION B TABLE.—The authorization table in section 

2101(a) of the Military Construction Authorization Act for 

Fiscal Year 2021 (division B of Public Law 116–283) is amended 

in the item relating to Fort Wainwright, Alaska, by striking 

‘‘$114,000,000’’ and inserting ‘‘$146,000,000’’ to reflect the 

project modification made by subsection (a). 

(2) DIVISION D TABLE.—The funding table in section 4601 

of Public Law 116–283 is amended in the item relating to 

Fort Wainwright Unaccompanied Enlisted Personnel Housing 

by striking ‘‘$59,000’’ in the Conference Authorized column 

and inserting ‘‘$91,000’’ to reflect the project modification made 

by subsection (a). 

SEC. 2107. ADDITIONAL AUTHORIZED FUNDING SOURCE FOR CERTAIN 

FISCAL YEAR 2022 PROJECT. 

To carry out an unspecified minor military construction project in the amount of $3,600,000 at Aberdeen Proving Ground, Maryland, to construct a 6,000 square foot recycling center to meet 


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135 STAT. 2166 PUBLIC LAW 117–81—DEC. 27, 2021 

the requirements of a qualified recycling program at the installation, 

the Secretary of the Army may use funds available to the Secretary 

under section 2667(e)(1)(C) of title 10, United States Code, in addition to funds appropriated for unspecified minor military construction for the project. 

TITLE XXII—NAVY MILITARY 

CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Authorization of appropriations, Navy. 

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2203(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ................... Marine Corps Air Station Yuma ................ $29,300,000 

California ............... Marine Corps Air Station Miramar ........... $240,900,000 

Marine Corps Base Camp Pendleton ........ $106,100,000 

Marine Corps Reserve Depot San Diego ... $93,700,000 

Naval Base Coronado ................................. $63,600,000 

Naval Base Ventura County ...................... $197,500,000 

San Nicolas Island ...................................... $19,907,000 

Florida .................... Marine Corps Support Facility Blount Island.$69,400,000 

Naval Undersea Warfare Center Panama 

City Division ............................................ $37,980,000 

Guam ...................... Andersen Air Force Base ............................ $50,890,000 

Joint Region Marianas ............................... $507,527,000 

Hawaii .................... Marine Corps Base Kaneohe ...................... $165,700,000 

Marine Corps Training Area Bellows ....... $6,220,000 

North Carolina ...... Marine Corps Air Station Cherry Point .... $321,417,000 

Pennsylvania ......... Naval Surface Warfare Center Philadelphia Division.$77,290,000 

South Carolina ....... Marine Corps Reserve Depot Parris Island.$6,000,000 

Marine Corps Air Station Beaufort ........... $130,300,000 

Virginia .................. Marine Corps Base Quantico ..................... $42,850,000 

Naval Station Norfolk ................................ $344,793,000 

Naval Weapons Station Yorktown ............. $93,500,000 

Portsmouth Naval Shipyard ...................... $156,380,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2203(a) 

and available for military construction projects outside the United 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2167 

States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military 

construction projects for the installations or locations outside the 

United States, and in the amounts, set forth in the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Japan ................... Fleet Activities Yokosuka ............... $49,900,000 

Spain .................... Naval Station Rota .......................... $85,600,000 

SEC. 2202. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the 

Navy may construct or acquire family housing units (including 

land acquisition and supporting facilities) at the installations or 

locations, in the number of units or for the purposes, and in the 

amounts set forth in the following table: 

Navy: Family Housing 

Location Installation Units or Purpose Amount 

District of 

Columbia Marine Barracks Washington.Family housing improvements $10,415,000 

Japan ........ Fleet Activities 

Yokosuka.

Family housing improvements $61,469,000 

(b) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—Subject to section 2825 of title 10, United States Code, and using 

amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing 

functions as specified in the funding table in section 4601, the 

Secretary of the Navy may improve existing military family housing 

units in an amount not to exceed $71,884,000. 

(c) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2203(a) 

and available for military family housing functions as specified 

in the funding table in section 4601, the Secretary of the Navy 

may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,634,000. 

SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and 

military family housing functions of the Department of the Navy, 

as specified in the funding table in section 4601. 


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(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2201 not exceed the total amount authorized to be appropriated 

under subsection (a), as specified in the funding table in section 

4601. 

TITLE XXIII—AIR FORCE MILITARY 

CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Authorization of appropriations, Air Force. 

Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects. 

Sec. 2305. Modification of authority to carry out military construction projects at 

Tyndall Air Force Base, Florida. 

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2303(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out 

military construction projects for the installations or locations inside 

the United States, and in the amounts, set forth in the following 

table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ........................ Eielson Air Force Base ........................ $44,850,000 

Joint Base Elmendorf-Richardson ...... $251,000,000 

Arizona ...................... Davis-Monthan Air Force Base ........... $13,400,000 

Luke Air Force Base ............................ $49,000,000 

California .................. Vandenberg Space Force Base ............ $67,000,000 

Colorado .................... Schriever Space Force Base ................ $30,000,000 

United States Air Force Academy ...... $4,360,000 

District of Columbia Joint Base Anacostia-Bolling .............. $24,000,000 

Florida ....................... Eglin Air Force Base ........................... $14,000,000 

Guam ......................... Joint Region Marianas ........................ $85,000,000 

Louisiana ................... Barksdale Air Force Base ................... $272,000,000 

Maryland ................... Joint Base Andrews ............................. $26,000,000 

Massachusetts .......... Hanscom Air Force Base ..................... $66,000,000 

Nevada ...................... Creech Air Force Base ......................... $14,200,000 

Ohio ........................... Wright-Patterson Air Force Base ....... $24,000,000 

Oklahoma .................. Tinker Air Force Base ......................... $160,000,000 

South Carolina .......... Joint Base Charleston ......................... $59,000,000 

South Dakota ............ Ellsworth Air Force Base .................... $242,000,000 

Tennessee .................. Arnold Air Force Base ......................... $14,600,000 

Texas ......................... Joint Base San Antonio ....................... $141,000,000 

Joint Base San Antonio-Fort Sam 

Houston ............................................. $29,000,000 

Joint Base San Antonio-Lackland ...... $29,000,000 

Sheppard Air Force Base .................... $20,000,000 

Virginia ..................... Joint Base Langley-Eustis .................. $24,000,000 


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(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2303(a) 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out 

military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following 

table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Australia ................... Royal Australian Air Force Base Darwin.$7,400,000 

Royal Australian Air Force Base 

Tindal.

$14,400,000 

Italy ........................... Aviano Air Force Base ......................... $10,200,000 

Japan ......................... Kadena Air Base .................................. $206,000,000 

Misawa Air Base .................................. $25,000,000 

Yokota Air Base ................................... $39,000,000 

United Kingdom ....... Royal Air Force Lakenheath ............... $108,500,000 

SEC. 2302. FAMILY HOUSING. 

(a) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—Subject to section 2825 of title 10, United States Code, and using 

amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing 

functions as specified in the funding table in section 4601, the 

Secretary of the Air Force may improve existing military family 

housing units in an amount not to exceed $105,528,000. 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2303(a) 

and available for military family housing functions as specified 

in the funding table in section 4601, the Secretary of the Air 

Force may carry out architectural and engineering services and 

construction design activities with respect to the construction or 

improvement of family housing units in an amount not to exceed 

$10,458,000. 

SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and 

military family housing functions of the Department of the Air 

Force, as specified in the funding table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2301 may not exceed the total amount authorized to be appropriated 

under subsection (a), as specified in the funding table in section 

4601. 

SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL 

YEAR 2017 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2017 (division B 


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of Public Law 114–328; 130 Stat. 2688), the authorizations set 

forth in the table in subsection (b), as provided in sections 2301 

and 2902 of that Act (130 Stat. 2696, 2743), shall remain in effect 

until October 1, 2023, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2024, 

whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Air Force: Extension of 2017 Project Authorizations 

State or 

Country 

Installation or 

Location Project 

Original Authorized 

Amount 

Germany .... Ramstein Air Base 37 AS Squadron 

Operations/ 

Aircraft Maintenance Unit $13,437,000 

Spangdahlem Air 

Base ................... F/A-22 Low Observable/Composite Repair 

Facility .......... $12,000,000 

Spangdahlem Air 

Base ................... Upgrade Hardened Aircraft 

Shelters for F/ 

A-22 ............... $2,700,000 

Guam ......... Joint Region Marianas ................... APR - Munitions Storage 

Igloos, Phase 

2 ..................... $35,300,000 

Joint Region Marianas ................... APR - SATCOM 

C4I Facility ... $14,200,000 

Japan ......... Kadena Air Base .. APR - Replace 

Munitions 

Structures ..... $19,815,000 

Yokota Air Base ... C-130J Corrosion Control 

Hangar .......... $23,777,000 

Yokota Air Base ... Construct Combat Arms 

Training and 

Maintenance 

Facility .......... $8,243,000 

Massachusetts ........ Hanscom Air 

Force Base ........ Vandenberg 

Gate Complex $10,965,000 

United 

Kingdom Royal Air Force 

Croughton ......... Main Gate Complex ................ $16,500,000 


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SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY 

CONSTRUCTION PROJECTS AT TYNDALL AIR FORCE BASE, 

FLORIDA. 

(a) FISCAL YEAR 2018 PROJECT.—In the case of the authorization contained in the table in section 2301(b) of the Military 

Construction Authorization Act for Fiscal Year 2018 (division B 

of Public Law 115–91; 131 Stat. 1825) for Tyndall Air Force Base, 

Florida, for construction of a Fire Station, as specified in the funding 

table in section 4601 of that Public Law (131 Stat. 2002), the 

Secretary of the Air Force may construct a crash rescue/structural 

fire station encompassing up to 3,588 square meters. 

(b) FISCAL YEAR 2020 PROJECTS.—In the case of the authorization contained in section 2912(a) of the Military Construction 

Authorization Act for Fiscal Year 2020 (division B of Public Law 

116–92; 133 Stat. 1913) for Tyndall Air Force Base, Florida— 

(1) for construction of Site Development, Utilities, and 

Demo Phase 1, as specified in the Natural Disaster Recovery 

Justification Book dated August 2019, the Secretary of the 

Air Force may construct— 

(A) up to 3,698 lineal meters of waste water utilities; 

(B) up to 6,306 lineal meters of storm water utilities; 

and 

(C) two emergency power backup generators; 

(2) for construction of Munitions Storage Facilities, as specified in the Natural Disaster Recovery Justification Book dated 

August 2019, the Secretary of the Air Force may construct— 

(A) up to 4,393 square meters of aircraft support equipment storage yard; 

(B) up to 1,535 square meters of tactical missile 

maintenance facility; and 

(C) up to 560 square meters of missile warhead 

assembly and maintenance shop and storage; 

(3) for construction of 53 WEG Complex, as specified in 

the Natural Disaster Recovery Justification Book dated August 

2019, the Secretary of the Air Force may construct— 

(A) up to 1,693 square meters of aircraft maintenance 

shop; 

(B) up to 1,458 square meters of fuel systems maintenance dock; and 

(C) up to 3,471 square meters of group headquarters; 

(4) for construction of 53 WEG Subscale Drone Facility, 

as specified in the Natural Disaster Recovery Justification Book 

dated August 2019, the Secretary of the Air Force may construct 

up to 511 square meters of pilotless aircraft shop in a separate 

facility; 

(5) for construction of CE/Contracting/USACE Complex, as 

specified in the Natural Disaster Recovery Justification Book 

dated August 2019, the Secretary of the Air Force may construct— 

(A) up to 557 square meters of base engineer storage 

shed 6000 area; and 

(B) up to 183 square meters of non-Air Force administrative office; 

(6) for construction of Logistics Readiness Squadron Complex, as specified in the Natural Disaster Recovery Justification 

Book dated August 2019, the Secretary of the Air Force may 

construct— 


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(A) up to 802 square meters of supply administrative 

headquarters; 

(B) up to 528 square meters of vehicle wash rack; 

and 

(C) up to 528 square meters of vehicle service rack; 

(7) for construction of Fire Station Silver Flag #4, as specified in the Natural Disaster Recovery Justification Book dated 

August 2019, the Secretary of the Air Force may construct 

up to 651 square meters of fire station; 

(8) for construction of AFCEC RDT&E, as specified in 

the Natural Disaster Recovery Justification Book dated August 

2019, the Secretary of the Air Force may construct— 

(A) up to 501 square meters of CE Mat Test Runway 

Support Building; 

(B) up to 1,214 square meters of Robotics Range Control Support Building; and 

(C) up to 953 square meters of fire garage; 

(9) for construction of Flightline–Munitions Storage, 7000 

Area, as specified in the funding table in section 4603 of Public 

Law 116–92; 133 Stat. 2103), the Secretary of the Air Force 

may construct— 

(A) up to 1,861 square meters of above ground magazines; and 

(B) up to 530 square meters of air support equipment 

shop/storage facility pad; 

(10) for construction of Site Development, Utilities and 

Demo Phase 2, as specified in such funding table and modified 

by section 2306(a)(6) of the Military Construction Authorization 

Act for Fiscal Year 2021 (division B of Public Law 116–283), 

the Secretary of the Air Force may construct— 

(A) up to 5,233 lineal meters of storm water utilities; 

(B) up to 48,560 square meters of roads; 

(C) up to 3,612 lineal meters of gas pipeline; and 

(D) up to 993 square meters of water fire pumping 

station with an emergency backup generator; 

(11) for construction of Tyndall AFB Gate Complexes, as 

specified in such funding table and modified by section 

2306(a)(9) of the Military Construction Authorization Act for 

Fiscal Year 2021 (division B of Public Law 116–283), the Secretary of the Air Force may construct— 

(A) up to 52,694 square meters of roadway with 

serpentines; and 

(B) up to 20 active/passive barriers; 

(12) for construction of Deployment Center/Flight Line 

Dining/AAFES, as specified in such funding table and modified 

by section 2306(a)(11) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116– 

283), the Secretary of the Air Force may construct up to 144 

square meters of AAFES shoppette; 

(13) for construction of Airfield Drainage, as specified in 

such funding table and modified by section 2306(a)(12) of the 

Military Construction Authorization Act for Fiscal Year 2021 

(division B of Public Law 116–283), the Secretary of the Air 

Force may construct— 

(A) up to 37,357 meters of drainage ditch; 

(B) up to 18,891 meters of storm drain piping; 

(C) up to 19,131 meters of box culvert; 


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(D) up to 3,704 meters of concrete block swale; 

(E) up to 555 storm drain structures; and 

(F) up to 81,500 square meters of storm drain ponds; 

and 

(14) for construction of 325th Fighting Wing HQ Facility, 

as specified in such funding table and modified by section 

2306(a)(13) of the Military Construction Authorization Act for 

Fiscal Year 2021 (division B of Public Law 116–283), the Secretary of the Air Force may construct up to 769 square meters 

of separate administrative space for SAPR/SARC. 

TITLE XXIV—DEFENSE AGENCIES 

MILITARY CONSTRUCTION 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Authorized Energy Resilience and Conservation Investment Program 

projects. Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Extension and modification of authority to carry out certain fiscal years 

2017 and 2019 projects. 

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Alabama ......... Redstone Arsenal ............................. $153,000,000 

California ....... Marine Corps Base Camp Pendleton ............................................ $13,600,000 

Silver Strand Training Complex .... $33,700,000 

Colorado ......... Buckley Air Force Base ................... $20,000,000 

Georgia .......... Fort Benning .................................... $62,000,000 

Hawaii ........... Joint Base Pearl Harbor-Hickam ... $29,800,000 

Maryland ....... Fort Meade ....................................... $1,201,000,000 

New Mexico .. Kirtland Air Force Base .................. $8,600,000 

Virginia .......... Fort Belvoir ...................................... $29,800,000 

Humphries Engineer Center and 

Support Activity ........................... $36,000,000 

Pentagon ........................................... $50,543,000 

Washington ... Oak Harbor ...................................... $59,000,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military 

construction projects for the installations or locations outside the 

United States, and in the amounts, set forth in the following table: 


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Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Germany ........ Ramstein Air Base ........................... $93,000,000 

Japan ............. Kadena Air Base .............................. $24,000,000 

Misawa Air Base .............................. $6,000,000 

United Kingdom ............. Royal Air Force Lakenheath ........... $19,283,000 

SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION 

INVESTMENT PROGRAM PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for energy conservation projects as specified in the 

funding table in section 4601, the Secretary of Defense may carry 

out energy conservation projects under chapter 173 of title 10, 

United States Code, for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

ERCIP Projects: Inside the United States 

State Installation or Location Amount 

Alabama ......... Fort Rucker ...................................... $24,000,000 

California ....... Marine Corps Air Station Miramar $4,054,000 

Naval Air Weapons Station China 

Lake-Ridgecrest ............................ $9,120,000 

District of Columbia ........ Joint Base Anacostia-Bolling .......... $31,261,000 

Florida .......... MacDill Air Force Base ................... $22,000,000 

Georgia .......... Fort Benning .................................... $17,593,000 

Fort Stewart ..................................... $22,000,000 

Naval Submarine Base Kings Bay $19,314,000 

Guam ............. Polaris Point Submarine Base ........ $38,300,000 

Idaho .............. Mountain Home Air Force Base ..... $33,800,000 

Michigan ........ Camp Grayling ................................. $5,700,000 

Mississippi ..... Camp Shelby .................................... $45,655,000 

New York ....... Fort Drum ........................................ $27,000,000 

North Carolina ............. Fort Bragg ........................................ $27,169,000 

North Dakota Cavalier Air Force Station .............. $24,150,000 

Ohio ................ Springfield-Beckley Municipal Airport ................................................ $4,700,000 

Puerto Rico .... Aguadilla .......................................... $10,120,000 

Fort Allen ......................................... $12,190,000 

Tennessee ...... Memphis International Airport ...... $4,780,000 

Virginia .......... Fort Belvoir ...................................... $365,000 

National Geospatial-Intelligence 

Agency Campus East ................... $5,299,000 

Pentagon, Mark Center, and Raven 

Rock Mountain Complex ............. $2,600,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 


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and available for energy conservation projects as specified in the 

funding table in section 4601, the Secretary of Defense may carry 

out energy conservation projects under chapter 173 of title 10, 

United States Code, for the installations or locations outside the 

United States, and in the amounts, set forth in the following table: 

ERCIP Projects: Outside the United States 

Country Installation or Location Amount 

Japan ............. Naval Air Facility Atsugi ................ $3,810,000 

Kuwait ........... Camp Arifjan .................................... $15,000,000 

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and 

military family housing functions of the Department of Defense 

(other than the military departments), as specified in the funding 

table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 may not exceed the total amount authorized to be appropriated 

under subsection (a), as specified in the funding table in section 

4601. 

SEC. 2404. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY 

OUT CERTAIN FISCAL YEARS 2017 AND 2019 PROJECTS. 

(a) EXTENSION OF FISCAL YEAR 2017 AUTHORIZATION.— (1) EXTENSION.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorization 

set forth in the table in paragraph (2), as provided in section 

2401 of that Act (130 Stat. 2700), shall remain in effect until 

October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. 

(2) TABLE.—The table referred to in paragraph (1) is as 

follows: 

Defense Agencies: Extension of 2017 Project Authorization 

Country Installation Project 

Original Authorized 

Amount 

Japan ......... Yokota Air Base ... Hanger/AMU .... $39,466,000 

(b) MODIFICATION OF FISCAL YEAR 2019 AUTHORIZATION.—In 

the case of the authorization contained in the table in section 

2401(b) of the Military Construction Authorization Act for Fiscal 

Year 2019 (division B of Public Law 115–232; 133 Stat. 2250) 

for Kinnick High School in Yokosuka, Japan, as specified in the 

funding table in section 4601 of such Public Law (133 Stat. 2407), 


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the Secretary of Defense may treat the high school and the field 

house as a single facility for the purposes of defining the scope 

of work for the project. 

TITLE XXV—INTERNATIONAL 

PROGRAMS 

Subtitle A—North Atlantic Treaty Organization Security Investment Program 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

Subtitle B—Host Country In-Kind Contributions 

Sec. 2511. Republic of Korea funded construction projects. 

Sec. 2512. Republic of Poland funded construction projects. 

Subtitle A—North Atlantic Treaty Organization Security Investment Program 

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from 

the North Atlantic Treaty Organization as a result of construction 

previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2021, for contributions by the Secretary of Defense under section 2806 of title 10, United States 

Code, for the share of the United States of the cost of projects 

for the North Atlantic Treaty Organization Security Investment 

Program authorized by section 2501 as specified in the funding 

table in section 4601. 

Subtitle B—Host Country In-Kind 

Contributions 

SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS. 

(a) AUTHORITY TO ACCEPT PROJECTS.—Pursuant to agreement 

with the Republic of Korea for required in-kind contributions, the 

Secretary of Defense may accept military construction projects for 

the installations or locations in the Republic of Korea, and in 

the amounts, set forth in the following table: 


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Republic of Korea Funded Construction Projects 

Component Installation or 

Location Project Amount 

Army ........... Camp Humphreys ......... Unaccompanied Enlisted Personnel 

Housing ................... $52,000,000 

Army ........... Camp Humphreys ......... Type I Aircraft Parking Apron and Parallel Taxiway ........... $48,000,000 

Army ........... Camp Humphreys ......... Black Hat Intelligence 

Fusion Center ......... $149,000,000 

Navy ........... Mujuk ............. Expeditionary Dining 

Facility ..................... $10,200,000 

Air Force .... Gimhae Air 

Base ............ Repair Contingency 

Hospital ................... $75,000,000 

Air Force .... Osan Air Base Munitions Storage 

Area Move Delta 

(Phase 2) .................. $171,000,000 

(b) AUTHORIZED APPROACH TO CERTAIN CONSTRUCTION

PROJECT.—Section 2350k of title 10, United States Code, shall 

apply with respect to the construction of the Black Hat Intelligence 

Fusion Center at Camp Humphreys, Republic of Korea, as set 

forth in the table in subsection (a). 

SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS. 

Pursuant to agreement with the Republic of Poland for required 

in-kind contributions, the Secretary of Defense may accept military 

construction projects for the installations or locations in the 

Republic of Poland, and in the amounts, set forth in the following 

table: 

Republic of Poland Funded Construction Projects 

Component Installation or 

Location Project Amount 

Army ........... Poznan ............ Command and Control 

Facility ..................... $30,000,000 

Army ........... Poznan ............ Information Systems 

Facility ..................... $7,000,000 

TITLE XXVI—GUARD AND RESERVE 

FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 

Applicability. 


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Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the Army National Guard 

installations or locations inside the United States, and in the 

amounts, set forth in the following table: 

Army National Guard 

State Installation or Location Amount 

Alabama ........ Redstone Arsenal ................................................. $17,000,000 

Connecticut ... Army National Guard Readiness Center Putnam.$17,500,000 

Georgia .......... Fort Benning ........................................................ $13,200,000 

Guam ............. National Guard Readiness Center Barrigada ... $34,000,000 

Idaho ............. Jerome National Guard Armory ......................... $15,000,000 

Illinois ........... National Guard Armory Bloomington ................ $15,000,000 

Kansas ........... Nickell Memorial Armory Topeka ...................... $16,732,000 

Louisiana ...... Camp Minden ....................................................... $13,800,000 

Lake Charles National Guard Readiness Center.$18,500,000 

Maine ............ Saco National Guard Readiness Center ............. $21,200,000 

Michigan ....... Camp Grayling ..................................................... $16,000,000 

Mississippi .... Camp Shelby ........................................................ $15,500,000 

Montana ........ Butte Military Entrance Testing Site ................ $16,000,000 

Nebraska ....... Mead Army National Guard Readiness Center $11,000,000 

North Dakota Dickinson National Guard Armory .................... $15,500,000 

South Dakota Sioux Falls National Guard Armory .................. $15,000,000 

Vermont ........ Bennington National Guard Armory .................. $16,900,000 

Camp Ethan Allen Training Site ........................ $4,665,000 

Virginia ......... National Guard Armory Troutville ..................... $13,000,000 

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the Army Reserve installations 

or locations inside the United States, and in the amounts, set 

forth in the following table: 

Army Reserve 

State Installation or Location Amount 

Michigan ........... Army Reserve Center Southfield ..................... $12,000,000 

Ohio .................. Wright-Patterson Air Force Base .................... $19,000,000 

Wisconsin ......... Fort McCoy ........................................................ $70,600,000 


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SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 

CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Navy may acquire real property and carry 

out military construction projects for the Navy Reserve and Marine 

Corps Reserve installations or locations inside the United States, 

and in the amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Installation or Location Amount 

Michigan ........... Naval Operational Support Center Battle 

Creek.

$49,090,000 

Minnesota ......... Minneapolis Air Reserve Station ..................... $14,350,000 

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Air Force may acquire real property and 

carry out military construction projects for the Air National Guard 

installations or locations inside the United States, and in the 

amounts, set forth in the following table: 

Air National Guard 

State Installation or Location Amount 

Alabama ........... Montgomery Regional Airport ......................... $19,200,000 

Sumpter Smith Air National Guard Base ...... $7,500,000 

Connecticut ...... Bradley International Airport ......................... $17,000,000 

Delaware .......... New Castle Air National Guard Base ............. $17,500,000 

Idaho ................. Gowen Field ...................................................... $6,500,000 

Illinois ............... Abraham Lincoln Capital Airport ................... $10,200,000 

Massachusetts .. Barnes Air National Guard Base .................... $12,200,000 

Michigan ........... Alpena County Regional Airport ..................... $23,000,000 

Selfridge Air National Guard Base ................. $28,000,000 

W. K. Kellogg Regional Airport ....................... $10,000,000 

Mississippi ....... Jackson International Airport ......................... $9,300,000 

New York ......... Francis S. Gabreski Airport ............................. $14,800,000 

Schenectady Municipal Airport ....................... $10,800,000 

Ohio .................. Camp Perry ....................................................... $7,800,000 

South Carolina McEntire Joint National Guard Base ............. $18,800,000 

South Dakota ... Joe Foss Field ................................................... $9,800,000 

Texas ................ Kelly Field Annex ............................................. $9,500,000 

Washington ...... Camp Murray Air National Guard Station .... $27,000,000 

Wisconsin ......... Truax Field ........................................................ $44,200,000 

Wyoming .......... Cheyenne Municipal Airport ........................... $13,400,000 

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 


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135 STAT. 2180 PUBLIC LAW 117–81—DEC. 27, 2021 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Air Force may acquire real property and 

carry out military construction projects for the installations inside 

the United States, and in the amounts, set forth in the following 

table: 

Air Force Reserve 

State Installation Amount 

California ......... Beale Air Force Base ........................................ $33,000,000 

Florida .............. Homestead Air Force Reserve Base ................ $14,000,000 

Patrick Air Force Base ..................................... $18,500,000 

Indiana ............. Grissom Air Reserve Base ............................... $29,000,000 

Minnesota ......... Minneapolis-St. Paul International Airport ... $14,000,000 

New York ......... Niagara Falls Air Reserve Station .................. $10,600,000 

Ohio .................. Youngstown Air Reserve Station ..................... $8,700,000 

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 

AND RESERVE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2021, for the costs of acquisition, 

architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), as specified in the 

funding table in section 4601. 

TITLE XXVII—BASE REALIGNMENT AND 

CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. 

Sec. 2702. Prohibition on conducting additional base realignment and closure 

(BRAC) round. 

Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical Depot and 

Chemical Agent-Destruction Pilot Plant, Colorado. 

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2021, for base realignment and closure activities, including real property acquisition and military 

construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account established by section 2906 of 

such Act (as amended by section 2711 of the Military Construction 

Authorization Act for Fiscal Year 2013 (division B of Public Law 

112–239; 126 Stat. 2140)), as specified in the funding table in 

section 4601. 

SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE 

REALIGNMENT AND CLOSURE (BRAC) ROUND. 

Nothing in this Act shall be construed to authorize an additional 

Base Realignment and Closure (BRAC) round. 


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SEC. 2703. CONDITIONS ON CLOSURE OF CERTAIN PORTION OF 

PUEBLO CHEMICAL DEPOT AND CHEMICAL AGENTDESTRUCTION PILOT PLANT, COLORADO. 

(a) DEFINITIONS.—In this section: 

(1) COVERED PORTION OF PUEBLO CHEMICAL DEPOT

DEFINED.—The term ‘‘covered portion of Pueblo Chemical 

Depot’’ means the portion of Pueblo Chemical Depot, Colorado, 

that has not been declared surplus before the date of the 

enactment of this Act. 

(2) LOCAL REDEVELOPMENT AUTHORITY.—The term ‘‘Local 

Redevelopment Authority’’ means the Local Redevelopment 

Authority for Pueblo Chemical Depot, as recognized by the 

Office of Local Defense Community Cooperation. 

(b) SUBMISSION OF CLOSURE AND DISPOSAL PLANS.— 

(1) PLANS REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of the Army 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives— 

(A) a plan for the closure of the covered portion of 

Pueblo Chemical Depot upon the completion of the chemical 

demilitarization mission of the Chemical Agent-Destruction 

Pilot Plant at Pueblo Chemical Depot; and 

(B) a plan for the disposal of all remaining land, 

buildings, facilities, and equipment of the covered portion 

of Pueblo Chemical Depot. 

(2) LOCAL REDEVELOPMENT AUTHORITY ROLE.—In preparing 

the disposal plan for the covered portion of Pueblo Chemical 

Depot required by paragraph (1)(B), the Secretary of the Army 

shall take into account the future role of the Local Redevelopment Authority. 

(c) LOCAL REDEVELOPMENT AUTHORITY ELIGIBILITY FOR ASSISTANCE.—The Secretary of Defense, acting through the Office of Local 

Defense Community Cooperation, may make grants, conclude 

cooperative agreements, and supplement other Federal funds in 

order to assist the Local Redevelopment Authority in planning 

community adjustments and economic diversification required by 

the closure of Pueblo Chemical Depot and the Chemical AgentDestruction Pilot Plant if the Secretary determines that the closure 

is likely to have a direct and significantly adverse consequence 

on nearby communities. 

(d) GENERAL CLOSURE, REALIGNMENT, AND DISPOSAL PROHIBITION.— 

(1) PROHIBITION; CERTAIN RECIPIENT EXCEPTED.—During 

the period specified in paragraph (2), the Secretary of the 

Army shall take no action— 

(A) to close or realign the covered portion of Pueblo 

Chemical Depot or the Chemical Agent-Destruction Pilot 

Plant; or 

(B) to dispose of any surplus land, building, facility, 

or equipment that comprises any portion of the Chemical 

Agent-Destruction Pilot Plant other than to the Local 

Redevelopment Authority. 

(2) DURATION.—The prohibition imposed by paragraph (1) 

shall apply until the date on which the Secretary of the Army 

makes a final closure and disposal decision for the covered 

portion of Pueblo Chemical Depot following the submission 

Applicability. 

Deadline. 


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of the closure and disposal plans for the covered portion of 

Pueblo Chemical Depot required by subsection (b). 

(e) PROHIBITION ON DEMOLITION OR DISPOSAL RELATED TO

CHEMICAL AGENT-DESTRUCTION PILOT PLANT.— (1) PROHIBITION; CERTAIN RECIPIENT EXCEPTED.—During 

the period specified in paragraph (4), the Secretary of the 

Army may not— 

(A) demolish any building, facility, or equipment 

described in paragraph (2) that comprises any portion of 

the Chemical Agent-Destruction Pilot Plant; or 

(B) dispose of any such building, facility, or equipment 

declared to be surplus other than to the Local Redevelopment Authority. 

(2) COVERED BUILDINGS, FACILITIES, AND EQUIPMENT.—The 

prohibition imposed by paragraph (1) shall apply to the following: 

(A) Any surplus building, facility, or equipment located 

outside of a Hazardous Waste Management Unit where 

chemical munitions were present, but where contamination 

did not occur, which are considered by the Secretary of 

the Army as clean, safe, and acceptable for reuse by the 

public, after a risk assessment by the Secretary. 

(B) Any surplus building, facility, or equipment located 

outside of a Hazardous Waste Management Unit that was 

not contaminated by chemical munitions and that was 

without the potential to be contaminated, such as office 

buildings, parts warehouses, or utility infrastructure, which 

are considered by the Secretary of the Army as suitable 

for reuse by the public. 

(3) EXCEPTION TO PROHIBITION.—The prohibition imposed 

by paragraph (1) shall not apply to any building, facility, or 

equipment otherwise described in paragraph (2) for which the 

Local Redevelopment Authority provides to the Secretary of 

the Army a written determination specifying that the building, 

facility, or equipment is not needed for community adjustment 

and economic diversification following the closure of the Chemical Agent-Destruction Pilot Plant. 

(4) DURATION OF PROHIBITION.—The prohibition imposed 

by paragraph (1) shall apply for a period of not less than 

two years beginning on the date o the enactment of this Act. 

TITLE XXVIII—MILITARY 

CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program Changes 

Sec. 2801. Public availability of information on Facilities Sustainment, Restoration, 

and Modernization projects. 

Sec. 2802. Limitations on authorized cost and scope of work variations. 

Sec. 2803. Department of Defense stormwater management projects for military installations and defense access roads. 

Sec. 2804. Use of amounts available for operation and maintenance in carrying out 

military construction projects for energy resilience, energy security, or 

energy conservation. 

Sec. 2805. Flood risk management for military construction. 

Sec. 2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas 

outside the United States. 

Applicability. 

Determination. 

Applicability. 


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Subtitle B—Continuation of Military Housing Reforms 

Sec. 2811. Modification of calculation of military housing contractor pay for 

privatized military housing. 

Sec. 2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government-owned and Governmentcontrolled. 

Sec. 2813. Applicability of disability laws to privatized military housing units and 

clarification of prohibition against collection from tenants of amounts in 

addition to rent. 

Sec. 2814. Required investments in improving military unaccompanied housing. 

Sec. 2815. Improvement of security of lodging and living spaces on military installations. 

Sec. 2816. Improvement of Department of Defense child development centers and 

increased availability of child care for children of military personnel. 

Subtitle C—Real Property and Facilities Administration 

Sec. 2821. Secretary of the Navy authority to support development and operation 

of National Museum of the United States Navy. 

Sec. 2822. Expansion of Secretary of the Navy authority to lease and license United 

States Navy museum facilities to generate revenue to support museum 

administration and operations. 

Subtitle D—Military Facilities Master Plan Requirements 

Sec. 2831. Cooperation with State and local governments in development of master 

plans for major military installations. 

Sec. 2832. Additional changes to requirements regarding master plans for major 

military installations. 

Sec. 2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations. 

Sec. 2834. Master plans and investment strategies for Army ammunition plants 

guiding future infrastructure, facility, and production equipment improvements. 

Subtitle E—Matters Related to Unified Facilities Criteria and Military Construction 

Planning and Design 

Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of private 

nursing and lactation space in certain military construction projects. 

Sec. 2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems. 

Sec. 2843. Amendment of Unified Facilities Criteria to promote energy efficient 

military installations. 

Sec. 2844. Additional Department of Defense activities to improve energy resiliency 

of military installations. 

Subtitle F—Land Conveyances 

Sec. 2851. Modification of restrictions on use of former Navy property conveyed to 

University of California, San Diego, California. 

Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts. 

Sec. 2853. Land conveyance, Saint Joseph, Missouri. 

Sec. 2854. Land conveyance, Department of Defense excess property, St. Louis, 

Missouri. 

Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina. 

Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to 

City of Virginia Beach, Virginia. 

Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to 

School Board of City of Virginia Beach, Virginia. 

Subtitle G—Authorized Pilot Programs 

Sec. 2861. Pilot program on increased use of sustainable building materials in military construction. 

Sec. 2862. Pilot program on establishment of account for reimbursement for use of 

testing facilities at installations of the Department of the Air Force. 

Subtitle H—Asia-Pacific and Indo-Pacific Issues 

Sec. 2871. Improved oversight of certain infrastructure services provided by Naval 

Facilities Engineering Systems Command Pacific. 

Sec. 2872. Annual congressional briefing on renewal of Department of Defense 

easements and leases of land in Hawai‘i. 


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Sec. 2873. Hawai‘i Military Land Use Master Plan. 

Subtitle I—One-Time Reports and Other Matters 

Sec. 2881. Clarification of installation and maintenance requirements regarding 

fire extinguishers in Department of Defense facilities. 

Sec. 2882. GAO review and report of military construction contracting at military 

installations inside the United States. 

Subtitle A—Military Construction Program 

Changes 

SEC. 2801. PUBLIC AVAILABILITY OF INFORMATION ON FACILITIES 

SUSTAINMENT, RESTORATION, AND MODERNIZATION 

PROJECTS. 

(a) INCLUSION OF INFORMATION ON REQUIRED INTERNET SITE.— 

Section 2851(c)(1) of title 10, United States Code, is amended— 

(1) by redesignating subparagraph (E) as subparagraph 

(F); 

(2) by adding after subparagraph (D) the following new 

subparagraph (E): 

‘‘(E) Each military department project with a total cost 

in excess of $15,000,000 for Facilities Sustainment, Restoration, 

and Modernization.’’; and 

(3) in subparagraph (F), as so redesignated, by inserting 

after ‘‘construction project’’ the following: ‘‘, military department 

Facilities Sustainment, Restoration, and Modernization 

project,’’. 

(b) APPLICATION OF AMENDMENTS.—Subparagraph (E) of section 

2851(c)(1) of title 10, United States Code, as added by subsection 

(a)(2), and subparagraph (F) of such section, as amended by subsection (a)(3), shall apply with respect to a military department 

Facilities Sustainment, Restoration, and Modernization project 

described in such subparagraphs for which an award of a contract 

or delivery order for the project is made on or after June 1, 2022. 

SEC. 2802. LIMITATIONS ON AUTHORIZED COST AND SCOPE OF WORK 

VARIATIONS. 

(a) PROCESS FOR APPROVING CERTAIN EXCEPTIONS; LIMITATIONS.—Subsections (c) and (d) of section 2853 of title 10, United 

States Code, are amended to read as follows: 

‘‘(c) EXCEPTIONS TO LIMITATION ON COST VARIATIONS AND SCOPE

OF WORK REDUCTIONS.—(1)(A) Except as provided in subparagraph 

(D), the Secretary concerned may waive the percentage or dollar 

cost limitation applicable to a military construction project or a 

military family housing project under subsection (a) and approve 

an increase in the cost authorized for the project in excess of 

that limitation if the Secretary concerned notifies the appropriate 

committees of Congress of the cost increase in the manner provided 

in this paragraph. 

‘‘(B) The notification required by subparagraph (A) shall— 

‘‘(i) identify the amount of the cost increase and the reasons 

for the increase; 

‘‘(ii) certify that the cost increase is sufficient to meet 

the mission requirement identified in the justification data 

provided to Congress as part of the request for authorization 

of the project; and 

Certification. 

Waivers. 

Notifications. 

Applicability. 

Contracts. 

Effective date. 

10 USC 2851 

note. 


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‘‘(iii) describe the funds proposed to be used to finance 

the cost increase. 

‘‘(C) A waiver and approval by the Secretary concerned under 

subparagraph (A) shall take effect only after the end of the 14- 

day period beginning on the date on which the notification required 

by such subparagraph is received by the appropriate committees 

of Congress in an electronic medium pursuant to section 480 of 

this title. 

‘‘(D) The Secretary concerned may not use the authority provided by subparagraph (A)— 

‘‘(i) to waive the cost limitation applicable to a military 

construction project with a total authorized cost greater than 

$500,000,000 or a military family housing project with a total 

authorized cost greater than $500,000,000; and 

‘‘(ii) to approve an increase in the cost authorized for the 

project that would increase the project cost by more than 50 

percent of the total authorized cost of the project. 

‘‘(E) In addition to the notification required by this paragraph, 

subsection (f) applies whenever a military construction project or 

military family housing project with a total authorized cost greater 

than $40,000,000 will have a cost increase of 25 percent or more. 

Subsection (f) may not be construed to authorize a cost increase 

in excess of the limitation imposed by subparagraph (D). 

‘‘(2)(A) The Secretary concerned may waive the percentage or 

dollar cost limitation applicable to a military construction project 

or a military family housing project under subsection (a) and 

approve a decrease in the cost authorized for the project in excess 

of that limitation if the Secretary concerned notifies the appropriate 

committees of Congress of the cost decrease not later than 14 

days after the date funds are obligated in connection with the 

project. 

‘‘(B) The notification required by subparagraph (A) shall be 

provided in an electronic medium pursuant to section 480 of this 

title. 

‘‘(3)(A) The Secretary concerned may waive the limitation on 

a reduction in the scope of work applicable to a military construction 

project or a military family housing project under subsection (b)(1) 

and approve a scope of work reduction for the project in excess 

of that limitation if the Secretary concerned notifies the appropriate 

committees of Congress of the reduction in the manner provided 

in this paragraph. 

‘‘(B) The notification required by subparagraph (A) shall— 

‘‘(i) describe the reduction in the scope of work and the 

reasons for the decrease; and 

‘‘(ii) certify that the mission requirement identified in the 

justification data provided to Congress can still be met with 

the reduced scope. 

‘‘(C) A waiver and approval by the Secretary concerned under 

subparagraph (A) shall take effect only after the end of the 14- 

day period beginning on the date on which the notification required 

by such subparagraph is received by the appropriate committees 

of Congress in an electronic medium pursuant to section 480 of 

this title. 

‘‘(d) EXCEPTIONS TO LIMITATION ON SCOPE OF WORK

INCREASES.—(1) Except as provided in paragraph (4), the Secretary 

concerned may waive the limitation on an increase in the scope 

of work applicable to a military construction project or a military 

Waiver authority. 

Effective date. 

Time period. 

Certification. 

Deadline. 

Applicability. 

Effective date. 

Time period. 


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family housing project under subsection (b)(1) and approve an 

increase in the scope of work for the project in excess of that 

limitation if the Secretary concerned notifies the appropriate 

committees of Congress of the reduction in the manner provided 

in this subsection. 

‘‘(2) The notification required by paragraph (1) shall describe 

the increase in the scope of work and the reasons for the increase. 

‘‘(3) A waiver and approval by the Secretary concerned under 

paragraph (1) shall take effect only after the end of the 14-day 

period beginning on the date on which the notification required 

by such paragraph is received by the appropriate committees of 

Congress in an electronic medium pursuant to section 480 of this 

title. 

‘‘(4) The Secretary concerned may not use the authority provided by paragraph (1) to waive the limitation on an increase 

in the scope of work applicable to a military construction project 

or a military family housing project and approve an increase in 

the scope of work for the project that would increase the scope 

of work by more than 10 percent of the amount specified for the 

project in the justification data provided to Congress as part of 

the request for authorization of the project.’’. 

(b) CONFORMING AMENDMENT RELATED TO CALCULATING

LIMITATION ON COST VARIATIONS.—Section 2853(a) of title 10, 

United States Code, is amended by striking ‘‘the amount appropriated for such project’’ and inserting ‘‘the total authorized cost 

of the project’’ 

(c) CLERICAL AMENDMENTS.—Section 2853 of title 10, United 

States Code, is further amended— 

(1) in subsection (a), by inserting ‘‘COST VARIATIONS

AUTHORIZED; LIMITATION.—’’ after the enumerator ‘‘(a)’’; 

(2) in subsection (b), by inserting ‘‘SCOPE OF WORK VARIATIONS AUTHORIZED; LIMITATION.—’’ after the enumerator ‘‘(b)’’; 

(3) in subsection (e), by inserting ‘‘ADDITIONAL COST VARIATION EXCEPTIONS.—’’ after the enumerator ‘‘(e)’’; 

(4) in subsection (f), by inserting ‘‘ADDITIONAL REPORTING

REQUIREMENT FOR CERTAIN COST INCREASES.—’’ after the enumerator ‘‘(f)’’; and 

(5) in subsection (g), by inserting ‘‘RELATION TO OTHER

LAW.—’’ after the enumerator ‘‘(g)’’. 

SEC. 2803. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT 

PROJECTS FOR MILITARY INSTALLATIONS AND DEFENSE 

ACCESS ROADS. 

Chapter 169 of title 10, United States Code, is amended by 

inserting after section 2815 the following new section: 

‘‘§ 2815a. Stormwater management projects for installation 

and defense access road resilience and waterway 

and ecosystems conservation 

‘‘(a) PROJECTS AUTHORIZED.—The Secretary concerned may 

carry out a stormwater management project on or related to a 

military installation for the purpose of— 

‘‘(1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and 

‘‘(2) protecting nearby waterways and stormwater-stressed 

ecosystems. 

10 USC 2815a. 

10 USC 2801 

prec. 

Effective date. 

Time period. 


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‘‘(b) PROJECT METHODS AND FUNDING SOURCES.—Using such 

amounts as may be provided in advance in appropriation Acts, 

the Secretary concerned may carry out a stormwater management 

project under this section as, or as part of, any of the following: 

‘‘(1) An authorized military construction project. 

‘‘(2) An unspecified minor military construction project 

under section 2805 of this title, including using appropriations 

available for operation and maintenance subject to the limitation in subsection (c) of such section. 

‘‘(3) A military installation resilience project under section 

2815 of this title, including the use of appropriations available 

for operations and maintenance subject to the limitation of 

subsection (e)(3) of such section. 

‘‘(4) A defense community infrastructure resilience project 

under section 2391(d) of this title. 

‘‘(5) A construction project under section 2914 of this title. 

‘‘(6) A reserve component facility project under section 

18233 of this title. 

‘‘(7) A defense access road project under section 210 of 

title 23. 

‘‘(c) PROJECT PRIORITIES.—In selecting stormwater management 

projects to be carried out under this section, the Secretary concerned 

shall give a priority to project proposals involving the retrofitting 

of buildings and grounds on a military installation or retrofitting 

a defense access road to reduce stormwater runoff and ponding 

or standing water that includes the combination of stormwater 

runoff and water levels resulting from extreme weather conditions. 

‘‘(d) PROJECT ACTIVITIES.—Activities carried out as part of a 

stormwater management project under this section may include, 

but are not limited to, the following: 

‘‘(1) The installation, expansion, or refurbishment of 

stormwater ponds and other water-slowing and retention measures. 

‘‘(2) The installation of permeable pavement in lieu of, 

or to replace existing, nonpermeable pavement. 

‘‘(3) The use of planters, tree boxes, cisterns, and rain 

gardens to reduce stormwater runoff. 

‘‘(e) PROJECT COORDINATION.—In the case of a stormwater 

management project carried out under this section on or related 

to a military installation and any project related to the same 

installation carried out under section 2391(d), 2815, or 2914 of 

this title, the Secretary concerned shall ensure coordination between 

the projects regarding the water access, management, conservation, 

security, and resilience aspects of the projects. 

‘‘(f) ANNUAL REPORT.—(1) Not later than 90 days after the 

end of each fiscal year, each Secretary concerned shall submit 

to the congressional defense committees a report describing— 

‘‘(A) the status of planned and active stormwater management projects carried out by that Secretary under this section; 

and 

‘‘(B) all projects completed by the Secretary concerned 

during the previous fiscal year. 

‘‘(2) Each report shall include the following information with 

respect to each stormwater management project described in the 

report: 


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135 STAT. 2188 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(A) The title, location, a brief description of the scope 

of work, the original project cost estimate, and the current 

working cost estimate. 

‘‘(B) The rationale for how the project will— 

‘‘(i) improve military installation resilience or the resilience of a defense access road or other essential civilian 

infrastructure supporting a military installation; and 

‘‘(ii) protect waterways and stormwater-stressed ecosystems. 

‘‘(C) Such other information as the Secretary concerned 

considers appropriate. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘defense access road’ means a road certified 

to the Secretary of Transportation as important to the national 

defense under the provisions of section 210 of title 23. 

‘‘(2) The terms ‘facility’ and ‘State’ have the meanings given 

those terms in section 18232 of this title. 

‘‘(3) The term ‘military installation’ includes a facility of 

a reserve component owned by a State rather than the United 

States. 

‘‘(4) The term ‘military installation resilience’ has the 

meaning given that term in section 101(e)(8) of this title. 

‘‘(5) The term ‘Secretary concerned’ means— 

‘‘(A) the Secretary of a military department with 

respect to military installations under the jurisdiction of 

that Secretary; and 

‘‘(B) the Secretary of Defense with respect to matters 

concerning the Defense Agencies and facilities of a reserve 

component owned by a State rather than the United 

States.’’. 

SEC. 2804. USE OF AMOUNTS AVAILABLE FOR OPERATION AND 

MAINTENANCE IN CARRYING OUT MILITARY CONSTRUCTION PROJECTS FOR ENERGY RESILIENCE, ENERGY 

SECURITY, OR ENERGY CONSERVATION. 

Section 2914 of title 10, United States Code, is amended— 

(1) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) ALTERNATIVE FUNDING SOURCE.—(1) In addition to the 

authority under section 2805(c) of this title, in carrying out a 

military construction project for energy resilience, energy security, 

or energy conservation under this section, the Secretary concerned 

may use amounts available for operation and maintenance for the 

military department concerned if the Secretary concerned submits 

to the congressional defense committees a notification of the decision 

to carry out the project using such amounts and includes in the 

notification— 

‘‘(A) the current estimate of the cost of the project; 

‘‘(B) the source of funds for the project; and 

‘‘(C) a certification that deferring the project pending the 

availability of funds appropriated for or otherwise made available for military construction would be inconsistent with the 

timely assurance of energy resilience, energy security, or energy 

conservation for one or more critical national security functions. 

Cost estimates. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2189 

‘‘(2) A project carried out under this section using amounts 

under paragraph (1) may be carried out only after the end of 

the seven-day period beginning on the date on which a copy of 

the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title. 

‘‘(3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year 

for projects under the authority of this subsection is $100,000,000.’’. 

SEC. 2805. FLOOD RISK MANAGEMENT FOR MILITARY CONSTRUCTION. 

(a) FURTHER MODIFICATION OF DEPARTMENT OF DEFENSE FORM

1391.—Section 2805(a)(1) of the Military Construction Authorization 

Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 

Stat. 2262; 10 U.S.C. 2802 note) is amended— 

(1) in subparagraph (A), by inserting ‘‘or a 500-year floodplain if outside a 100-year floodplain’’ after ‘‘100-year floodplain’’; and 

(2) in subparagraph (B), by striking ‘‘100-year floodplain’’ 

and inserting ‘‘floodplain described in subparagraph (A)’’. 

(b) REPORTING REQUIREMENTS.—Section 2805(a)(3) of the Military Construction Authorization Act for Fiscal Year 2019 (division 

B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note) 

is amended— 

(1) in subparagraph (A), by inserting before the period 

at the end the following: ‘‘using hydrologic, hydraulic, and 

hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science 

over the anticipated service life of the facility and future forecasted land use changes’’; and 

(2) in subparagraph (D), by inserting after ‘‘future’’ the 

following: ‘‘flood risk and’’. 

(c) MITIGATION PLAN ASSUMPTIONS.—Section 2805(a)(4) of the 

Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 

note) is amended— 

(1) in subparagraphs (A) and (B), by striking ‘‘buildings’’ 

and inserting ‘‘facilities’’; and 

(2) in subparagraph (C), by inserting after ‘‘future’’ the 

following: ‘‘flood risk and’’. 

(d) CONFORMING AMENDMENT OF UNIFIED FACILITIES CRITERIA.— 

(1) AMENDMENT REQUIRED.—Not later than September 1, 

2022, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and 

design to ensure that building practices and standards of the 

Department of Defense incorporate the minimum flood mitigation requirements of section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public 

Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note), as amended 

by this section. 

(2) IMPLEMENTATION OF UNIFIED FACILITIES CRITERIA

AMENDMENTS.— 

(A) IMPLEMENTATION.—Any Department of Defense 

Form 1391 submitted to Congress after September 1, 2022, 

shall comply with the Unified Facilities Criteria, as 

amended pursuant to paragraph (1). 

Compliance. 

10 USC 2802 

note. 


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135 STAT. 2190 PUBLIC LAW 117–81—DEC. 27, 2021 

(B) CERTIFICATION.—Not later than March 1, 2023, 

the Secretary of Defense shall certify to the Committees 

on Armed Services of the House of Representatives and 

the Senate the completion of the amendment process 

required by paragraph (1) and the full incorporation of 

the amendments into military construction planning and 

design. 

SEC. 2806. MODIFICATION AND EXTENSION OF TEMPORARY, LIMITED 

AUTHORITY TO USE OPERATION AND MAINTENANCE 

FUNDS FOR CONSTRUCTION PROJECTS IN CERTAIN 

AREAS OUTSIDE THE UNITED STATES. 

(a) TWO-YEAR EXTENSION OF AUTHORITY.—Subsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal 

Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), 

as most recently amended by section 2806(a) of the Military 

Construction Authorization Act for Fiscal Year 2021 (division B 

of Public Law 116–283), is further amended— 

(1) in paragraph (1), by striking ‘‘December 31, 2021’’ and 

inserting ‘‘December 31, 2023’’; and 

(2) paragraph (2), by striking ‘‘fiscal year 2022’’ and 

inserting ‘‘fiscal year 2024’’. 

(b) CONTINUATION OF LIMITATION ON USE OF AUTHORITY.— 

Subsection (c)(1) of section 2808 of the Military Construction 

Authorization Act for Fiscal Year 2004 (division B of Public Law 

108–136; 117 Stat. 1723), as most recently amended by subsections 

(b) and (c) of section 2806 of the Military Construction Authorization 

Act for Fiscal Year 2021 (division B of Public Law 116–283), is 

further amended— 

(1) by striking subparagraphs (A) and (B); 

(2) by redesignating subparagraph (C) as subparagraph 

(A); and 

(3) by adding at the end the following new subparagraphs: 

‘‘(B) The period beginning October 1, 2021, and ending 

on the earlier of December 31, 2022, or the date of the enactment of an Act authorizing funds for military activities of 

the Department of Defense for fiscal year 2023. 

‘‘(C) The period beginning October 1, 2022, and ending 

on the earlier of December 31, 2023, or the date of the enactment of an Act authorizing funds for military activities of 

the Department of Defense for fiscal year 2024.’’. 

(c) ESTABLISHMENT OF PROJECT MONETARY LIMITATION.—Subsection (c) of section 2808 of the Military Construction Authorization 

Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 

Stat. 1723) is amended by adding at the end the following new 

paragraph: 

‘‘(3) The total amount of operation and maintenance funds 

used for a single construction project carried out under the authority 

of this section shall not exceed $15,000,000. The Secretary of 

Defense may waive this limitation on a project-by-project basis. 

This waiver authority may not be delegated.’’. 

(d) MODIFICATION OF NOTICE AND WAIT REQUIREMENT.—Subsection (b) of section 2808 of the Military Construction Authorization 

Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 

Stat. 1723) is amended— 

(1) by striking ‘‘10-day period’’ and inserting ‘‘14-day 

period’’; and 

Waiver authority. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2191 

(2) by striking ‘‘or, if earlier, the end of the 7-day period 

beginning on the date on which’’ and inserting ‘‘, including 

when’’. 

Subtitle B—Continuation of Military 

Housing Reforms 

SEC. 2811. MODIFICATION OF CALCULATION OF MILITARY HOUSING 

CONTRACTOR PAY FOR PRIVATIZED MILITARY HOUSING. 

Section 606(a) of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 

U.S.C. 2871 note), as amended by section 3036 of the Military 

Construction Authorization Act for Fiscal Year 2020 (division B 

of Public Law 116–92; 133 Stat. 1938) and section 2811(i) of the 

Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283), is further amended— 

(1) in paragraph (1)(B)— 

(A) by striking ‘‘2.5 percent’’ and inserting ‘‘50 percent’’; 

and 

(B) by striking ‘‘section 403(b)(3)(A)(i)’’ and inserting 

‘‘section 403(b)(3)(A)(ii)’’; and 

(2) in paragraph (2)(B)— 

(A) by striking ‘‘2.5 percent’’ and inserting ‘‘50 percent’’; 

and 

(B) by striking ‘‘section 403(b)(3)(A)(i)’’ and inserting 

‘‘section 403(b)(3)(A)(ii)’’. 

SEC. 2812. APPLICABILITY OF WINDOW FALL PREVENTION REQUIREMENTS TO ALL MILITARY FAMILY HOUSING WHETHER 

PRIVATIZED OR GOVERNMENT-OWNED AND GOVERNMENT-CONTROLLED. 

(a) TRANSFER OF WINDOW FALL PREVENTION SECTION TO MILITARY FAMILY HOUSING ADMINISTRATION SUBCHAPTER.—Section 2879 

of title 10, United States Code— 

(1) is transferred to appear after section 2856 of such 

title; and 

(2) is redesignated as section 2857. 

(b) APPLICABILITY OF SECTION TO ALL MILITARY FAMILY

HOUSING.—Section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a), is amended— 

(1) in subsection (a)(1), by striking ‘‘acquired or constructed 

under this chapter’’; 

(2) in subsection (b)(1), by striking ‘‘acquired or constructed 

under this chapter’’; and 

(3) by adding at the end the following new subsection: 

‘‘(e) APPLICABILITY TO ALL MILITARY FAMILY HOUSING.—This 

section applies to military family housing under the jurisdiction 

of the Department of Defense and military family housing acquired 

or constructed under subchapter IV of this chapter.’’. 

(c) IMPLEMENTATION PLAN.—In the report required to be submitted in 2022 pursuant to subsection (d) of section 2857 of title 

10, United States Code, as transferred and redesignated by subsection (a) and amended by subsection (b), the Secretary of Defense 

shall include a plan for implementation of the fall protection devices 

described in subsection (a)(3) of such section as required by such 

section. 

10 USC 2851 

prec., 2871 prec. 


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135 STAT. 2192 PUBLIC LAW 117–81—DEC. 27, 2021 

(d) LIMITATION ON USE OF FUNDS PENDING SUBMISSION OF

OVERDUE REPORT.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2022 for 

the Office of the Assistant Secretary of Defense for Energy, Installations, and Environment, not more than 50 percent may be obligated 

or expended until the date on which the Secretary of Defense 

certifies to the congressional defense committees that— 

(1) the independent assessment required by section 2817(b) 

of the Military Construction Authorization Act of 2018 (division 

B of Public Law 115–91; 131 Stat. 1852) has been initiated; 

and 

(2) the Secretary expects the report containing the results 

of the assessment to be submitted to the congressional defense 

committees by February 1, 2023. 

SEC. 2813. APPLICABILITY OF DISABILITY LAWS TO PRIVATIZED MILITARY HOUSING UNITS AND CLARIFICATION OF PROHIBITION AGAINST COLLECTION FROM TENANTS OF AMOUNTS 

IN ADDITION TO RENT. 

(a) APPLICABILITY OF DISABILITY LAWS.—Section 2891 of title 

10, United States Code, is amended— 

(1) by redesignating subsection (g) as subsection (h); and 

(2) by inserting after subsection (f) the following new subsection (g): 

‘‘(g) APPLICABILITY OF DISABILITY LAWS.—For purposes of this 

subchapter and subchapter IV of this chapter, housing units shall 

be considered as military family housing for purposes of application 

of Department of Defense policy implementing section 804 of the 

Fair Housing Act (42 U.S.C. 3604) and title III of the Americans 

with Disabilities Act of 1990 (42 U.S.C. 12181 et seq.).’’. 

(b) CLARIFICATION OF PROHIBITION.— 

(1) TREATMENT OF REASONABLE MODIFICATION AND

ACCOMMODATION REQUIREMENTS.—Section 2891a(e) of title 10, 

United States Code, is amended by adding at the end the 

following new paragraph: 

‘‘(3)(A) Costs incurred to reasonably modify or upgrade a 

housing unit to comply with standards addressing discrimination 

against an individual with a disability established pursuant to 

the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 

seq.), or to meet the reasonable modification and accommodation 

requirements of section 804 of the Fair Housing Act (42 U.S.C. 

3604) and in order to facilitate occupancy of a housing unit by 

an individual with a disability, may not be considered optional 

services under paragraph (2)(A)(i) or another exception to the 

prohibition in paragraph (1) against collection from tenants of 

housing units of amounts in addition to rent. 

‘‘(B) In subparagraph (A), the term ‘disability’ has the meaning 

given that term in section 3 of the Americans with Disabilities 

Act of 1990 (42 U.S.C. 12102).’’. 

(2) APPLICABILITY OF REQUIREMENTS.—Subsection (e)(3) of 

section 2891a of title 10, United States Code, as added by 

paragraph (1), shall apply to contracts described in subsection 

(a) of such section entered into on or after the date of the 

enactment of this Act. 

10 USC 2891a 

note. 

Compliance. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2193 

SEC. 2814. REQUIRED INVESTMENTS IN IMPROVING MILITARY 

UNACCOMPANIED HOUSING. 

(a) INVESTMENTS IN MILITARY UNACCOMPANIED HOUSING.—Of 

the total amount authorized to be appropriated by the National 

Defense Authorization Act for a covered fiscal year for Facilities 

Sustainment, Restoration, and Modernization activities of a military 

department, the Secretary of that military department shall reserve 

an amount equal to five percent of the estimated replacement 

cost of the total inventory of unaccompanied housing under the 

jurisdiction of that Secretary for the purpose of carrying out projects 

for the improvement of military unaccompanied housing. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘military unaccompanied housing’’ means military housing intended to be occupied by members of the Armed 

Forces serving a tour of duty unaccompanied by dependents. 

(2) The term ‘‘replacement cost’’, with respect to military 

unaccompanied housing, means the amount that would be 

required to replace the remaining service potential of that 

military unaccompanied housing. 

(c) DURATION OF INVESTMENT REQUIREMENT.—The requirement 

in subsection (a) shall apply for fiscal years 2022 through 2026. 

SEC. 2815. IMPROVEMENT OF SECURITY OF LODGING AND LIVING 

SPACES ON MILITARY INSTALLATIONS. 

(a) ASSESSMENT.—Not later than 60 days after the date of 

the enactment of this Act, the Secretary of Defense shall conduct 

an assessment of all on-base dormitories and barracks at military 

installations for purposes of identifying— 

(1) locking mechanisms on points of entry into the main 

facility, including doors and windows, or interior doors leading 

into private sleeping areas that require replacing or repairing; 

(2) areas, such as exterior sidewalks, entry points, and 

other public areas where closed-circuit television security cameras should be installed; and 

(3) other passive security measures, such as additional 

lighting, that may be necessary to prevent crime, including 

sexual assault. 

(b) EMERGENCY REPAIRS.—The Secretary of Defense shall make 

any necessary repairs of broken locks or other safety mechanisms 

discovered during the assessment conducted under subsection (a) 

not later than 30 days after discovering the issue. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report on 

the results of the assessment conducted under subsection (a). 

(2) ELEMENTS.—The report under paragraph (1) shall 

include— 

(A) a cost estimate to make any improvements recommended pursuant to the assessment under subsection 

(a), disaggregated by military department and installation; 

and 

(B) an estimated schedule for making such improvements. 

Schedule. 

Cost estimate. 

Deadline. 

Deadline. 

10 USC 2851 

note prec. 

Applicability. 


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135 STAT. 2194 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 2816. IMPROVEMENT OF DEPARTMENT OF DEFENSE CHILD 

DEVELOPMENT CENTERS AND INCREASED AVAILABILITY 

OF CHILD CARE FOR CHILDREN OF MILITARY PERSONNEL. 

(a) SAFETY INSPECTION OF CHILD DEVELOPMENT CENTERS.— Not later than one year after the date of the enactment of this 

Act, each Secretary of a military department shall complete an 

inspection of all facilities under the jurisdiction of that Secretary 

used as a child development center to identify any unresolved 

safety issues, including lead, asbestos, and mold, that adversely 

impact the facilities. 

(b) BRIEFING ON RESULTS OF SAFETY INSPECTIONS AND REMEDI- ATION PLANS.— (1) BRIEFING REQUIRED.—Not later than March 1, 2022, 

each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the safety inspections conducted of child development centers under the jurisdiction of 

that Secretary. 

(2) REQUIRED ELEMENTS OF BRIEFING.—In the briefing 

required by paragraph (1), the Secretary of a military department shall provide the following: 

(A) A list of any child development centers under the 

jurisdiction of that Secretary considered to be in poor or 

failing condition. In the case of each child development 

center included on this list, the Secretary shall provide 

a remediation plan for the child development center, which 

shall include the following elements: 

(i) An estimate of the funding required to complete 

the remediation plan. 

(ii) The Secretary’s funding strategy to complete 

the remediation plan. 

(iii) Any additional statutory authorities the Secretary needs to complete the remediation plan 

(B) A list of life-threatening and non-life-threatening 

violations during the previous three years recorded at child 

development centers under the jurisdiction of that Secretary that are not included on the list required by subparagraph (A), which shall include the name of the installation 

where the violation occurred and date of inspection. 

(C) A list of what that Secretary considers a life-threatening and non-life-threatening violation, including with 

regard to the presence of lead, asbestos, and mold. 

(D) A list of how often the 90-day remediation requirement has been waived and the name of each child development center under the jurisdiction of that Secretary at 

which a waiver was granted. 

(E) Data on child development center closures under 

the jurisdiction of that Secretary due to a non-life-threatening violation not remedied within 90 days. 

(F) An additional plan to conduct preventive maintenance on other child development centers under the jurisdiction of that Secretary to prevent additional child development centers from degrading to poor or failing condition. 

(c) PARTNERSHIPS ENCOURAGED FOR CHILD CARE FOR CHILDREN

OF MILITARY PERSONNEL.—Beginning one year after the date of 

the enactment of this Act, and pursuant to such regulations as 

Effective date. 

Time period. 

Time period. 

Time period. 

Strategy. 

Funding 

estimate. 

Lists. 

Deadline. 

Deadline. 

10 USC 1791 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2195 

the Secretary of Defense may prescribe, each Secretary of a military 

department is encouraged to enter into agreements with public 

and private entities to provide child care to the children of personnel 

(including members of the Armed Forces and civilian employees 

of the Department of Defense) under the jurisdiction of that Secretary. 

(d) ANNUAL STATUS UPDATES.—Not later than 18 months after 

the date of the enactment of this Act, and every 12 months thereafter, each Secretary of a military department shall brief the 

Committees on Armed Services of the Senate and the House of 

Representatives on the progress made by that Secretary— 

(1) in implementing the child development center remediation plans required by subsection (b)(2)(A) for child development centers under the jurisdiction of that Secretary considered 

to be in ‘‘poor’’ or ‘‘failing’’ condition, including details about 

projects planned, funded, under construction, and completed 

under the plans; 

(2) in conducting preventive maintenance on other child 

development centers under the jurisdiction of that Secretary 

pursuant to the preventive maintenance plan required by subsection (b)(2)(F); and 

(3) in entering into partnerships encouraged by subsection 

(c), including with regard to each partnership— 

(A) the terms of the agreement, including cost to the 

United States; 

(B) the number of children described in such subparagraph projected to receive child care under the partnership; 

and 

(C) if applicable, the actual number of such children 

who received child care under the partnership during the 

previous year. 

(e) CHILD DEVELOPMENT CENTER DEFINED.—In this section, 

the term ‘‘child development center’’ has the meaning given that 

term in section 2871(2) of title 10, United States Code, and includes 

facilities identified as a child care center or day care center. 

Subtitle C—Real Property and Facilities 

Administration 

SEC. 2821. SECRETARY OF THE NAVY AUTHORITY TO SUPPORT 

DEVELOPMENT AND OPERATION OF NATIONAL MUSEUM 

OF THE UNITED STATES NAVY. 

Chapter 861 of title 10, United States Code, is amended by 

inserting after section 8616 the following new section: 

‘‘§ 8617. National Museum of the United States Navy 

‘‘(a) AUTHORITY TO SUPPORT DEVELOPMENT AND OPERATION OF

MUSEUM.—(1) The Secretary of the Navy may select and enter 

into a contract, cooperative agreement, or other agreement with 

one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United 

States Navy. 

‘‘(2) The Secretary may— 

10 USC 8617. 

10 USC 8604 

prec. 

Deadline. 

Briefing. 


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‘‘(A) authorize a partner organization to contract for each 

phase of development, design, construction, renovation, or operation of the museum, or all such phases; or 

‘‘(B) authorize acceptance of funds from a partner organization for each or all such phases. 

‘‘(b) PURPOSES OF MUSEUM.—(1) The museum shall be used 

for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by 

the Secretary of the Navy. 

‘‘(2) The museum also may be used to support such education, 

training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the 

mission of the Naval History and Heritage Command. 

‘‘(c) ACCEPTANCE UPON COMPLETION.—Upon the satisfactory 

completion, as determined by the Secretary of the Navy, of any 

phase of the museum, and upon the satisfaction of any financial 

obligations incident thereto, the Secretary shall accept such phase 

of the museum from the partner organization, and all right, title, 

and interest in and to such phase of the museum shall vest in 

the United States. Upon becoming the property of the United States, 

the Secretary shall assume administrative jurisdiction over such 

phase of the museum. 

‘‘(d) LEASE AUTHORITY.—(1) The Secretary of the Navy may 

lease portions of the museum to an eligible nonprofit organization 

for use in generating revenue for the support of activities of the 

museum and for such administrative purposes as may be necessary 

for support of the museum. Such a lease may not include any 

part of the collection of the museum. 

‘‘(2) Any rent received by the Secretary under a lease under 

paragraph (1), including rent-in-kind, shall be used solely to cover 

or defray the costs of development, maintenance, or operation of 

the museum. 

‘‘(e) AUTHORITY TO ACCEPT GIFTS.—(1) The Secretary of the 

Navy may accept, hold, administer, and spend any gift, devise, 

or bequest of real property, personal property, or money made 

on the condition that the gift, devise, or bequest be used for the 

benefit, or in connection with, the establishment, operation, or 

maintenance, of the museum. Section 2601 (other than subsections 

(b), (c), and (e)) of this title shall apply to gifts accepted under 

this subsection. 

‘‘(2) The Secretary may display at the museum recognition 

for an individual or organization that contributes money to a 

partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, 

whether or not the contribution is subject to the condition that 

the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable 

display standards. 

‘‘(3) The Secretary may authorize the sale of donated property 

received under paragraph (1). A sale under this paragraph need 

not be conducted in accordance with disposal requirements that 

would otherwise apply, so long as the sale is conducted at armslength and includes an auditable transaction record. 

‘‘(4) Any money received under paragraph (1) and any proceeds 

from the sale of property under paragraph (3) shall be deposited 

into a fund established in the Treasury to support the museum. 

Regulations. 

Applicability. 

Determination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2197 

‘‘(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement 

under subsection (a) or a lease under subsection (d) as the Secretary 

considers appropriate to protect the interests of the United States. 

‘‘(g) USE OF NAVY INDICATORS.—(1) In a contract, cooperative 

agreement, or other agreement under subsection (a) or a lease 

under subsection (d), the Secretary of the Navy may authorize, 

consistent with section 2260 (other than subsection (d)) of this 

title, a partner organization to enter into licensing, marketing, 

and sponsorship agreements relating to Navy indicators, including 

the manufacture and sale of merchandise for sale by the museum, 

subject to the approval of the Department of the Navy. 

‘‘(2) No such licensing, marketing, or sponsorship agreement 

may be entered into if it would reflect unfavorably on the ability 

of the Department of the Navy, any of its employees, or any member 

of the armed forces to carry out any responsibility or duty in 

a fair and objective manner, or if the Secretary determines that 

the use of the Navy indicator would compromise the integrity or 

appearance of integrity of any program of the Department of the 

Navy. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) The term ‘eligible nonprofit organization’ means an 

entity that— 

‘‘(A) qualifies as an exempt organization under section 

501(c)(3) of the Internal Revenue Code of 1986; and 

‘‘(B) has as its primary purpose the preservation and 

promotion of the history and heritage of the Navy. 

‘‘(2) The term ‘museum’ means the National Museum of 

the United States Navy, including its facilities and grounds. 

‘‘(3) The term ‘Navy indicator’ includes trademarks and 

service marks, names, identities, abbreviations, official insignia, 

seals, emblems, and acronyms of the Navy and Marine Corps, 

including underlying units, and specifically includes the term 

‘National Museum of the United States Navy’. 

‘‘(4) The term ‘partner organization’ means an eligible nonprofit organization with whom the Secretary of the Navy enters 

into a contract, cooperative agreement, or other agreement 

under subsection (a) or a lease under subsection (d).’’. 

SEC. 2822. EXPANSION OF SECRETARY OF THE NAVY AUTHORITY TO 

LEASE AND LICENSE UNITED STATES NAVY MUSEUM 

FACILITIES TO GENERATE REVENUE TO SUPPORT 

MUSEUM ADMINISTRATION AND OPERATIONS. 

(a) INCLUSION OF ADDITIONAL UNITED STATES NAVY

MUSEUMS.—Section 2852 of the Military Construction Authorization 

Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3530) is amended— 

(1) in subsection (a)— 

(A) by striking the text preceding paragraph (1) and 

inserting ‘‘The Secretary of the Navy may lease or license 

any portion of the facilities of a United States Navy 

museum to a foundation established to support that 

museum for the purpose of permitting the foundation to 

carry out the following activities:’’; and 

10 USC 8617 

note. 


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(B) in paragraphs (1) and (2), by striking ‘‘the United 

States Navy Museum’’ and inserting ‘‘that United States 

Navy museum’’; 

(2) in subsection (b), by striking ‘‘the United States Navy 

Museum’’ and inserting ‘‘the United States Navy museum of 

which the facility is a part’’; 

(3) in subsection (c), by striking ‘‘the Naval Historical 

Foundation’’ and inserting ‘‘a foundation described in subsection 

(a)’’; and 

(4) in subsection (d)— 

(A) by striking ‘‘the United States Navy Museum’’ and 

inserting ‘‘the applicable United States Navy museum’’; 

and 

(B) by striking ‘‘the Museum’’ and inserting ‘‘that 

museum’’. 

(b) UNITED STATES NAVY MUSEUM DEFINED.—Section 2852 of 

the Military Construction Authorization Act for Fiscal Year 2006 

(division B of Public Law 109–163; 119 Stat. 3530) is amended 

by adding at the end the following new subsection: 

‘‘(f) UNITED STATES NAVY MUSEUM.—In this section, the term 

‘United States Navy museum’ means a museum under the jurisdiction of the Secretary of Defense and operated through the Naval 

History and Heritage Command.’’. 

(c) CONFORMING CLERICAL AMENDMENT.—The heading of section 2852 of the Military Construction Authorization Act for Fiscal 

Year 2006 (division B of Public Law 109–163; 119 Stat. 3530) 

is amended by striking ‘‘AT WASHINGTON, NAVY YARD, DISTRICT

OF COLUMBIA’’. 

Subtitle D—Military Facilities Master Plan 

Requirements 

SEC. 2831. COOPERATION WITH STATE AND LOCAL GOVERNMENTS IN 

DEVELOPMENT OF MASTER PLANS FOR MAJOR MILITARY 

INSTALLATIONS. 

Section 2864(a) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3)(A) The commander of a major military installation shall 

develop and update the master plan for that major military installation in consultation with representatives of the government of the 

State in which the installation is located and representatives of 

local governments in the vicinity of the installation to improve 

cooperation and consistency between the Department of Defense 

and such governments in addressing each component of the master 

plan described in paragraph (1). 

‘‘(B) The consultation required by subparagraph (A) is in addition to the consultation specifically required by subsection (b)(1) 

in connection with the transportation component of the master 

plan for a major military installation.’’. 

SEC. 2832. ADDITIONAL CHANGES TO REQUIREMENTS REGARDING 

MASTER PLANS FOR MAJOR MILITARY INSTALLATIONS. 

(a) CONSIDERATION OF MILITARY INSTALLATION RESILIENCE.— 

Section 2864(a)(2)(E) of title 10, United States Code, is amended 

by inserting before the period at the end the following: ‘‘and military 

installation resilience’’. 

Update. 

Consultation. 


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(b) COORDINATION EFFORTS RELATED TO MILITARY INSTALLA- TION RESILIENCE COMPONENT.—Section 2864(c) of title 10, United 

States Code, is amended— 

(1) by redesignating paragraph (7) as paragraph (8); and 

(2) by inserting after paragraph (6) the following new paragraph: 

‘‘(7) Extent of current coordination efforts and plans for 

additional coordination, as of the time of the development of 

the plan, with public or private entities for the purpose of 

maintaining or enhancing military installation resilience or 

resilience of the community infrastructure and resources 

described in paragraph (5).’’. 

(c) CROSS REFERENCE TO DEFINITION OF MILITARY INSTALLA- TION RESILIENCE.—Section 2864(f) of title 10, United States Code, 

is amended by adding at the end the following new paragraph: 

‘‘(6) The term ‘military installation resilience’ has the 

meaning given that term in section 101(e) of this title.’’. 

SEC. 2833. PROMPT COMPLETION OF MILITARY INSTALLATION RESILIENCE COMPONENT OF MASTER PLANS FOR AT-RISK 

MAJOR MILITARY INSTALLATIONS. 

(a) IDENTIFICATION OF AT-RISK INSTALLATIONS.—Not later than 

30 days after the date of the enactment of this Act, each Secretary 

of a military department shall— 

(1) identify at least two major military installations under 

the jurisdiction of that Secretary that the Secretary considers 

at risk from extreme weather events; and 

(2) notify the Committees on Armed Services of the Senate 

and the House of Representatives of the major military installations identified under paragraph (1). 

(b) COMPLETION DEADLINE.—Not later than one year after the 

date of the enactment of this Act, each Secretary of a military 

department shall ensure that the military installation resilience 

component of the master plan for each major military installation 

identified by the Secretary under subsection (a) is completed. 

(c) BRIEFINGS.—Not later than 60 days after completion of 

a master plan component as required by subsection (b) for a major 

military installation, the Secretary of the military department concerned shall brief the Committees on Armed Services of the Senate 

and the House of Representatives regarding the results of the 

master plan efforts for that major military installation. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘major military installation’’ has the meaning 

given that term in section 2864(f) of title 10, United States 

Code. 

(2) The term ‘‘master plan’’ means the master plan required 

by section 2864(a) of title 10, United States Code, for a major 

military installation. 

SEC. 2834. MASTER PLANS AND INVESTMENT STRATEGIES FOR ARMY 

AMMUNITION PLANTS GUIDING FUTURE INFRASTRUCTURE, FACILITY, AND PRODUCTION EQUIPMENT 

IMPROVEMENTS. 

(a) SUBMISSION OF MASTER PLANS AND INVESTMENT STRATEGIES.—Not later than March 31, 2022, the Secretary of the Army 

shall submit to the congressional defense committees a report containing the following: 

Reports. 

Deadline. 

Notification. 

Deadline. 

10 USC 2864 

note. 


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(1) The master plan for each of the ammunition organic 

industrial base production facilities under the jurisdiction of 

the Secretary of the Army (in this section referred to as an 

‘‘ammunition production facility’’) that was developed to guide 

planning and budgeting for future infrastructure construction, 

facility improvements, and production equipment needs at the 

ammunition production facility. 

(2) An investment strategy to address the facility, major 

equipment, and infrastructure requirements at each ammunition production facility in order to support the readiness and 

material availability goals of current and future weapons systems of the Department of Defense. 

(b) ELEMENTS OF MASTER PLAN.—To satisfy the requirements 

of subsection (a)(1), the master plan for an ammunition production 

facility must incorporate the results of a review of industrial processes, logistics streams, and workload distribution required to support production objectives and the facility requirements to support 

optimized processes and include the following specific elements: 

(1) A description of all infrastructure construction and 

facility improvements planned or being considered for the 

ammunition production facility and production equipment 

planned or being considered for installation, modernization, 

or replacement. 

(2) An explanation of how the master plan for the ammunition production facility will promote efficient, effective, resilient, 

secure, and cost-effective production of ammunition and 

ammunition components for the Armed Forces. 

(3) A description of how development of the master plan 

for the ammunition production facility included input from 

the contractor operating the ammunition production facility 

and how implementation of that master plan will be coordinated 

with the contractor. 

(4) A review of current and projected workload requirements for the manufacturing of energetic materials, including 

propellants, explosives, pyrotechnics, and the ingredients for 

propellants, explosives, and pyrotechnics, to assess efficiencies 

in the use of existing facilities, including consideration of new 

weapons characteristics and requirements, obsolescence of 

facilities, siting of facilities and equipment, and various constrained process flows. 

(5) An analysis of life-cycle costs to repair and modernize 

existing mission-essential facilities versus the cost to consolidate functions into modern, right-sized facilities at each location 

to meet current and programmed future mission requirements. 

(6) A review of the progress made in prioritizing and 

funding projects that facilitate process efficiencies and consolidate and contribute to availability cost and schedule reductions. 

(7) An accounting of the backlog of restoration and modernization projects at the ammunition production facility. 

(c) ELEMENTS OF INVESTMENT STRATEGY.—To satisfy the 

requirements of subsection (a)(2), the investment strategy for an 

ammunition production facility must include the following specific 

elements: 

(1) A description of the funding sources for such infrastructure construction, facility improvements, and production equipment, including authorized military construction projects, 

appropriations available for operation and maintenance, and 


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appropriations available for procurement of Army ammunition 

in order to support the readiness and material availability 

goals of current and future weapons systems of the Department 

of Defense. 

(2) A timeline to complete the investment strategy. 

(3) A list of projects and a brief scope of work for each 

such project. 

(4) Cost estimates necessary to complete projects for mission essential facilities. 

(d) ANNUAL UPDATES.—Not later than March 31, 2023, and 

each March 31 thereafter through March 31, 2026, the Secretary 

of the Army shall submit to the congressional defense committees 

a report containing the following: 

(1) A description of any revisions made during the previous 

year to master plans and investment strategies submitted under 

subsection (a). 

(2) A description of any revisions to be made or being 

considered to the master plans and investment strategies. 

(3) An explanation of the reasons for each revision, whether 

made, to be made, or being considered. 

(4) A description of the progress made in improving infrastructure, facility, and production equipment at each ammunition production facility consistent with the master plans and 

investment strategies. 

(e) DELEGATION AUTHORITY.—The Secretary of the Army shall 

carry out this section acting through the Assistant Secretary of 

the Army for Acquisition, Logistics, and Technology. 

Subtitle E—Matters Related to Unified Facilities Criteria and Military Construction Planning and Design 

SEC. 2841. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO 

REQUIRE INCLUSION OF PRIVATE NURSING AND LACTATION SPACE IN CERTAIN MILITARY CONSTRUCTION 

PROJECTS. 

(a) AMENDMENT REQUIRED.—The Secretary of Defense shall 

amend UFC 1–4.2 (Nursing and Lactation Rooms) of the Unified 

Facilities Criteria/DoD Building Code (UFC 1–200–01) to require 

that military construction planning and design for buildings likely 

to be regularly frequented by nursing mothers who are members 

of the uniformed services, civilian employees of the Department 

of Defense, contractor personnel, or visitors include a private 

nursing and lactation room or other private space suitable for 

that purpose. 

(b) DEADLINE.—The Secretary of Defense shall complete the 

amendment process required by subsection (a) and implement the 

amended UFC 1–4.2 not later than one year after the date of 

the enactment of this Act. 

SEC. 2842. REVISIONS TO UNIFIED FACILITIES CRITERIA REGARDING 

USE OF VARIABLE REFRIGERANT FLOW SYSTEMS. 

(a) PUBLICATION AND COMMENT PERIOD REQUIREMENTS.—The 

Under Secretary of Defense for Acquisition and Sustainment shall 

publish any proposed revisions to the Unified Facilities Criteria 

Federal Register, 

publication. 

10 USC 2802 

note. 

10 USC 2802 

note. 

Reports. 

Time period. 


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regarding the use of variable refrigerant flow systems in the Federal 

Register and shall specify a comment period of at least 60 days. 

(b) NOTICE AND JUSTIFICATION REQUIREMENTS.—The Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a written notice 

and justification for any proposed revisions to the Unified Facilities 

Criteria regarding the use of variable refrigerant flow systems 

not later than 30 days after the date of publication in the Federal 

Register. 

SEC. 2843. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO PROMOTE ENERGY EFFICIENT MILITARY INSTALLATIONS. 

(a) UNIFIED FACILITIES CRITERIA AMENDMENT REQUIRED.—To 

the extent practicable, the Secretary of Defense shall amend the 

Unified Facilities Criteria relating to military construction planning 

and design to ensure that building practices and standards of 

the Department of Defense incorporate the latest consensus-based 

codes and standards for energy efficiency and conservation, 

including the 2021 International Energy Conservation Code and 

the ASHRAE Standard 90.1-2019. 

(b) IMPLEMENTATION OF AMENDMENT.—The Secretary of 

Defense shall complete the amendment process required by subsection (a) in a timely manner so that any Department of Defense 

Form 1391 submitted to Congress in connection with the budget 

submission for fiscal year 2024 and thereafter complies with the 

Unified Facilities Criteria, as amended pursuant to such subsection. 

(c) REPORTING REQUIREMENT.—Not later than February 1, 2024, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the House of Representatives and the Senate a report— 

(1) describing the extent to which the Unified Facilities 

Criteria, as amended pursuant to subsection (a), incorporate 

the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International 

Energy Conservation Code and the ASHRAE Standard 90.1- 

2019, as required by such subsection; and 

(2) in the case of any instance in which the Unified Facilities Criteria continues to deviate from such consensus-based 

codes and standards for energy efficiency and conservation, 

identifying the deviation and explaining the reasons for the 

deviation. 

SEC. 2844. ADDITIONAL DEPARTMENT OF DEFENSE ACTIVITIES TO 

IMPROVE ENERGY RESILIENCY OF MILITARY INSTALLATIONS. 

(a) CONSIDERATION OF INCLUDING ENERGY MICROGRID IN MILITARY CONSTRUCTION PROJECTS.— 

(1) AMENDMENT OF UNIFIED FACILITIES CRITERIA

REQUIRED.—The Secretary of Defense shall amend the Unified 

Facilities Criteria/DoD Building Code (UFC 1–200–01) to 

require that planning and design for military construction 

projects inside the United States include consideration of the 

feasibility and cost-effectiveness of installing an energy 

microgrid as part of the project, including intentional islanding 

capability of at least seven consecutive days, for the purpose 

of— 

(A) promoting on-installation energy security and 

energy resilience; and 

10 USC 2802 

note. 

Compliance. 

10 USC 2802 

note. 

Deadline. 


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(B) facilitating implementation and greater use of the 

authority provided by subsection (h) of section 2911 of 

title 10, United States Code, as added and amended by 

section 2825 of the Military Construction Authorization 

Act for Fiscal Year 2021 (division B of Public Law 116– 

283). 

(2) DEADLINE.—The Secretary of Defense shall complete 

the amendment process required by paragraph (1) and implement the amendment not later than September 1, 2022. 

(b) CONTRACTS FOR EMERGENCY ACCESS TO EXISTING ONINSTALLATION RENEWABLE ENERGY SOURCES.—In the case of a covered renewable energy generating source located on a military 

installation pursuant to a lease of non-excess defense property 

under section 2667 of title 10, United States Code, the Secretary 

of the military department concerned is encouraged to negotiate 

with the owner and operator of the renewable energy generating 

source to revise the lease contract to permit the military installation 

to access the renewable energy generating source during an emergency. The negotiations shall include consideration of the ease 

of modifying the renewable energy generating source to include 

an islanding capability, the necessity of additional infrastructure 

to tie the renewable energy generating source into the installation 

energy grid, and the cost of such modifications and infrastructure. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘covered renewable energy generating source’’ 

means a renewable energy generating source that, on the date 

of the enactment of this Act— 

(A) is located on a military installation inside the 

United States; but 

(B) cannot be used as a direct source of resilient energy 

for the installation in the event of a power disruption. 

(2) The term ‘‘islanding capability’’ refers to the ability 

to remove an energy system, such as a microgrid, from the 

local utility grid and to operate the energy system, at least 

temporarily, as an integrated, stand-alone system, during an 

emergency involving the loss of external electric power supply. 

(3) The term ‘‘microgrid’’ means an integrated energy 

system consisting of interconnected loads and energy resources 

with an islanding capability to permit functioning separate 

from the local utility grid. 

Subtitle F—Land Conveyances 

SEC. 2851. MODIFICATION OF RESTRICTIONS ON USE OF FORMER NAVY 

PROPERTY CONVEYED TO UNIVERSITY OF CALIFORNIA, 

SAN DIEGO, CALIFORNIA. 

(a) MODIFICATION OF ORIGINAL USE RESTRICTION.—Section 3(a) 

of Public Law 87–662 (76 Stat. 546) is amended by inserting after 

‘‘educational purposes’’ the following: ‘‘, which may include technology innovation and entrepreneurship programs and establishment of innovation incubators’’. 

(b) EXECUTION.—If necessary to effectuate the amendment 

made by subsection (a), the Secretary of the Navy shall execute 

and file in the appropriate office an amended deed or other appropriate instrument reflecting the modification of restrictions on the 

Record. 


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use of former Camp Matthews conveyed to the regents of the 

University of California pursuant to Public Law 87–662. 

SEC. 2852. LAND CONVEYANCE, JOINT BASE CAPE COD, BOURNE, 

MASSACHUSETTS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey to the Commonwealth of Massachusetts (in this section 

referred to as the ‘‘Commonwealth’’) all right, title, and interest 

of the United States in and to a parcel of real property, including 

improvements thereon and related easements, consisting of approximately 10 acres located on Joint Base Cape Cod, Bourne, Massachusetts. 

(b) CONDITIONS OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to valid existing rights and the Commonwealth shall accept the real property, and any improvements 

thereon, in its condition at the time of the conveyance (commonly 

known as a conveyance ‘‘as is’’). 

(c) CONSIDERATION.— 

(1) CONSIDERATION REQUIRED.—As consideration for the 

conveyance under subsection (a), the Commonwealth shall pay 

to the United States an amount equal to the fair market value 

of the right, title, and interest conveyed under subsection (a) 

based on an appraisal approved by the Secretary. 

(2) TREATMENT OF CONSIDERATION RECEIVED.—Consideration received under paragraph (1) shall be deposited in the 

special account in the Treasury established under subsection 

(b) of section 572 of title 40, United States Code, and shall 

be available in accordance with paragraph (5)(B) of such subsection. 

(d) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary of the Air Force 

shall require the Commonwealth to cover all costs (except costs 

for environmental remediation of the property) to be incurred 

by the Secretary, or to reimburse the Secretary for costs 

incurred by the Secretary, to carry out the conveyance under 

subsection (a), including survey costs, costs for environmental 

documentation, and any other administrative costs related to 

the conveyance. If amounts are collected from the Commonwealth in advance of the Secretary incurring the actual costs, 

and the amount collected exceeds the costs actually incurred 

by the Secretary to carry out the conveyance, the Secretary 

shall refund the excess amount to the Commonwealth. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance or, if the 

period of availability for obligations for that appropriation has 

expired, to an appropriate fund or account currently available 

to the Secretary for the same purpose. Amounts so credited 

shall be merged with amounts in such fund or account, and 

shall be available for the same purposes, and subject to the 

same conditions and limitations, as amounts in such fund or 

account. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary of 

the Air Force. 

Determination. 

Survey. 

Refund. 

Reimbursement. 

Payment. 


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(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Air Force may require such additional terms and conditions in 

connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United 

States. 

SEC. 2853. LAND CONVEYANCE, SAINT JOSEPH, MISSOURI. 

(a) CONVEYANCE AUTHORIZED.—At such time as the Missouri 

Air National Guard vacates their existing location on the southern 

end of the airfield at Rosecrans Memorial Airport in Saint Joseph, 

Missouri, as determined by the Secretary of the Air Force, the 

Secretary may convey to the City of Saint Joseph, Missouri (in 

this section referred to as the ‘‘City’’), all right, title, and interest 

of the United States in and to a parcel of real property, including 

any improvements thereon, consisting of approximately 54 acres 

at the Rosecrans Air National Guard Base in Saint Joseph, Missouri, for the purpose of removing the property from the boundaries 

of the Rosecrans Air National Guard Base and accommodating 

the operations and maintenance needs of the Rosecrans Memorial 

Airport as well as the development of the parcels and buildings 

for economic purposes. 

(b) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to valid existing rights and the City 

shall accept the real property (and any improvements thereon) 

in its condition at the time of the conveyance (commonly known 

as a conveyance ‘‘as is’’). 

(c) CONSIDERATION.— 

(1) REQUIREMENT.—As consideration for the conveyance of 

the property under subsection (a), the City shall provide the 

United States an amount that is equivalent to the fair market 

value of the right, title, and interest conveyed under subsection 

(a) based on an appraisal approved by the Secretary of the 

Air Force. 

(2) TYPES OF CONSIDERATION.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the consideration required to be provided under paragraph (1) may be provided by land exchange, in-kind consideration described in subparagraph (D), or a combination 

thereof. 

(B) LESS THAN FAIR MARKET VALUE.—If the value of 

the land exchange or in-kind consideration provided under 

subparagraph (A) is less than the fair market value of 

the property interest to be conveyed under subsection (a), 

the City shall pay to the United States an amount equal 

to the difference between the fair market value of the 

property interest and the value of the consideration provided under subparagraph (A). 

(C) CASH CONSIDERATION.—Any cash consideration 

received by the United States under this subsection shall 

be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States 

Code, and available in accordance with the provisions of 

subparagraph (B)(ii) of such section. 

(D) IN-KIND CONSIDERATION.—In-kind consideration 

described in this subparagraph may include the construction, provision, improvement, alteration, protection, 

Payment. 


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maintenance, repair, or restoration (including environmental restoration), or a combination thereof, of any facilities or infrastructure relating to the needs of the Missouri 

Air National Guard at Rosecrans Air National Guard Base 

that the Secretary considers appropriate. 

(d) PAYMENT OF COSTS OF CONVEYANCE.— (1) PAYMENT REQUIRED.—The Secretary of the Air Force 

may require the City to cover all costs to be incurred by 

the Secretary, or to reimburse the Secretary for costs incurred 

by the Secretary, to carry out the conveyance under subsection 

(a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the 

conveyance. If amounts paid by the City to the Secretary in 

advance exceed the costs actually incurred by the Secretary 

to carry out the conveyance, the Secretary shall refund the 

excess amount to the City. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by 

the Secretary to carry out the conveyance under subsection 

(a) shall be credited to the fund or account that was used 

to cover the costs incurred by the Secretary in carrying out 

the conveyance, or to an appropriate fund or account currently 

available to the Secretary for the purposes for which the costs 

were paid. Amounts so credited shall be merged with amounts 

in such fund or account and shall be available for the same 

purposes, and subject to the same conditions and limitations, 

as amounts in such fund or account. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary of 

the Air Force. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Air Force may require such additional terms and conditions in 

connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United 

States. 

SEC. 2854. LAND CONVEYANCE, DEPARTMENT OF DEFENSE EXCESS 

PROPERTY, ST. LOUIS, MISSOURI. 

(a) CONVEYANCE TO LAND CLEARANCE FOR REDEVELOPMENT

AUTHORITY OF THE CITY OF ST. LOUIS.— 

(1) CONVEYANCE AUTHORIZED.—The Secretary of the Air 

Force may convey to the Land Clearance for Redevelopment 

Authority of the City of St. Louis (in this section referred 

to as the ‘‘Authority’’) all right, title, and interest of the United 

States in and to a parcel of real property, including all improvements thereon, consisting of approximately 24 acres located 

at 3200 S. 2nd Street, St. Louis, Missouri, for purpose of permitting the Authority to redevelop the property. 

(2) LIMITATION.—The Secretary may convey to the 

Authority only that portion of the parcel of real property 

described in paragraph (1) that is declared excess to the needs 

of the Department of Defense. 

(b) CONSIDERATION.— 

(1) CONSIDERATION REQUIRED.—As consideration for the 

conveyance under subsection (a), the Authority shall pay to 

the Secretary of the Air Force an amount that is not less 

Payment. 

Determination. 

Survey. 

Refund. 

Reimbursement. 


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than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind 

consideration as described under paragraph (2), or a combination thereof. 

(2) IN-KIND CONSIDERATION.—In-kind consideration provided by the Authority under this subsection may include the 

acquisition, construction, provision, improvement, maintenance, 

repair, or restoration (including environmental restoration), or 

combination thereof, of any facilities or infrastructure, or 

delivery of services relating to the needs that the Secretary 

considers acceptable. 

(c) TERMS OF CONVEYANCE.— (1) INSTRUMENT OF CONVEYANCE; ACCEPTANCE.—The 

conveyance under subsection (a) shall be subject to valid 

existing rights and shall be accomplished using a quitclaim 

deed or other legal instrument. 

(2) CONDITIONS.— 

(A) IN GENERAL.—Subject to paragraph (3), the 

Authority shall accept the real property conveyed under 

subsection (a), and any improvements thereon, in its condition at the time of the conveyance (commonly known as 

a conveyance ‘‘as is’’). 

(B) ENVIRONMENTAL CONDITIONS.—The conveyance 

under subsection (a) may include conditions, restrictions, 

or covenants related the environmental condition of the 

conveyed property, which shall not adversely interfere with 

the use of existing structures and the development of the 

property for commercial or industrial uses. 

(C) HISTORICAL PROPERTY CONDITIONS.—The conveyance under subsection (a) may include conditions, restrictions, or covenants to ensure preservation of historic property, notwithstanding the effect such conditions, restrictions, or covenants may have on reuse of the property. 

(3) CONDUCT OF REMEDIATION.— 

(A) IN GENERAL.—The Secretary of the Air Force shall 

conduct all remediation at the real property conveyed under 

subsection (a) pursuant to approved activities under the 

Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and 

the Defense Environmental Restoration Program under section 2701 of title 10, United States Code. 

(B) COMPLETION OF REMEDIATION.—The Secretary shall 

complete all remediation at the parcel of land conveyed 

under subsection (a) in accordance with the requirements 

selected in the Record of Decision, Scott Air Force Base 

Environmental Restoration Program Site SS018, National 

Imagery and Mapping Agency, Second Street, dated August 

2019. 

(d) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary of the Air Force 

shall require the Authority to cover costs to be incurred by 

the Secretary, or to reimburse the Secretary for costs incurred 

by the Secretary, to carry out the conveyance under subsection 

(a), including costs related to environmental and real estate 

due diligence, and any other administrative costs related to 

the conveyance. If amounts are collected in advance of the 

Secretary incurring the actual costs, and the amount collected 

Refund. 

Reimbursement. 


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135 STAT. 2208 PUBLIC LAW 117–81—DEC. 27, 2021 

exceeds the costs actually incurred by the Secretary to carry 

out the conveyance, the Secretary shall refund the excess 

amount to the Authority. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover those costs incurred 

by the Secretary in carrying out the conveyance or, if the 

period of availability for obligations for that appropriation has 

expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be 

merged with amounts in such fund or account, and shall be 

available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. 

(e) RELATION TO OTHER LAWS.— (1) HISTORIC PRESERVATION.—The conveyance under subsection (a) shall be carried out in compliance with division 

A of subtitle III of title 54, United States Code (formerly known 

as the National Historic Preservation Act). 

(2) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to affect or limit the application of, or any obligation to comply with, the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

9601 et seq.). 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the parcel of real property to be conveyed under 

subsection (a) shall be determined by a survey satisfactory to the 

Secretary of the Air Force. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Air Force may require such additional terms and conditions in 

connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United 

States. 

SEC. 2855. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY 

POINT, NORTH CAROLINA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey to the City of Havelock, North Carolina (in this section 

referred to as the ‘‘City’’), all right, title, and interest of the United 

States in and to a parcel of real property, including any improvements thereon, consisting of approximately 30 acres, known as 

the former Fort Macon Housing Area, located within the City limits. 

(b) INTERIM LEASE.—Until such time as the real property 

described in subsection (a) is conveyed to the City, the Secretary 

of the Navy may lease the property to the City for 20 years. 

(c) CONSIDERATION.— 

(1) IN GENERAL.—As consideration for the conveyance under 

subsection (a) and interim lease under subsection (b), the City 

shall pay to the Secretary of the Navy an amount that is 

not less than the fair market value of the property conveyed, 

as determined by the Secretary, whether by cash payment, 

in-kind consideration as described under paragraph (2), or a 

combination thereof. 

(2) IN-KIND CONSIDERATION.—In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, 

or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery 

Payment. 

Determination. 

Time period. 

Determination. 

Survey. 

Compliance. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2209 

of services relating to the needs of Marine Corps Air Station 

Cherry Point, North Carolina, that the Secretary considers 

acceptable. 

(3) DISPOSITION OF AMOUNTS.— 

(A) CONVEYANCE.—Amounts received by the Secretary 

in exchange for the fee title of the real property described 

in subsection (a) shall be deposited in the special account 

in the Treasury established under section 572(b)(5) of title 

40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section. 

(B) INTERIM LEASE.—Amounts received by the Secretary for the interim lease of the real property described 

in subsection (a) shall be deposited in the special account 

in the Treasury established for the Secretary under subsection (e) of section 2667 of title 10, United States Code, 

and shall be available for use in accordance with paragraph 

(1)(D) of such subsection. 

(d) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) IN GENERAL.—The Secretary of the Navy shall require 

the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to 

reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a) and 

interim lease under subsection (b), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. 

(2) REFUND OF EXCESS AMOUNTS.—If amounts are collected 

from the City under paragraph (1) in advance of the Secretary 

incurring the actual costs, and the amount collected exceeds 

the costs actually incurred by the Secretary to carry out the 

conveyance under subsection (a) and interim lease under subsection (b), the Secretary shall refund the excess amount to 

the City. 

(e) CONDITION OF CONVEYANCE.—Conveyance of real property 

shall be subject to all existing easements, restrictions, and covenants of record and conditioned upon the following: 

(1) Real property shall be used for municipal park and 

recreational purposes, which may include ancillary uses such 

as vending and restrooms. 

(2) The City shall not use Federal funds to cover any 

portion of the amounts required by subsections (c) and (d) 

to be paid by the City. 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary of 

the Navy. 

(g) EXCLUSION OF REQUIREMENTS FOR PRIOR SCREENING BY

GENERAL SERVICES ADMINISTRATION FOR ADDITIONAL FEDERAL

USE.—Section 2696(b) of title 10, United States Code, does not 

apply to the conveyance of real property authorized under subsection (a). 

(h) ADDITIONAL TERMS.—The Secretary of the Navy may require 

such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate 

to protect the interests of the United States. 

Determination. 

Survey. 

Requirement. 

Reimbursement. 


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135 STAT. 2210 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 2856. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA 

BEACH, VIRGINIA, TO CITY OF VIRGINIA BEACH, VIRGINIA. 

(a) CONVEYANCE AUTHORIZED.— 

(1) IN GENERAL.—The Secretary of the Navy may convey 

to the City of Virginia Beach, Virginia (in this section referred 

to as the ‘‘City’’), all right, title, and interest of the United 

States in and to a parcel of real property located at 4200 

C Avenue, Virginia Beach, Virginia, including any improvements thereon, consisting of approximately 8 acres. 

(2) AUTHORITY TO VOID LAND USE RESTRICTIONS.—The Secretary may void any land use restrictions associated with the 

property to be conveyed under paragraph (1). 

(b) CONSIDERATION.— 

(1) IN GENERAL.—As consideration for the conveyance under 

subsection (a)(1), the City shall pay to the Secretary of the 

Navy an amount that is not less than the fair market value 

of the property conveyed, as determined by the Secretary, 

whether by cash payment, in-kind consideration as described 

in paragraph (2), or a combination thereof. 

(2) IN-KIND CONSIDERATION.—In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, 

or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery 

of services relating to the needs of Naval Air Station Oceana, 

Virginia, that the Secretary considers acceptable. 

(3) DISPOSITION OF FUNDS.—Cash received in exchange for 

the fee title of the property conveyed under subsection (a)(1) 

shall be deposited in the special account in the Treasury established under subparagraph (A) of section 572(b)(5) of title 40, 

United States Code, and shall be available for use in accordance 

with subparagraph (B)(ii) of such section. 

(c) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary of the Navy shall 

require the City to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(1), 

including costs related to environmental and real estate due 

diligence, and any other administrative costs related to the 

conveyance. 

(2) REFUND OF EXCESS AMOUNTS.—If amounts are collected 

under paragraph (1) in advance of the Secretary incurring 

the actual costs, and the amount collected exceeds the costs 

actually incurred by the Secretary to carry out the conveyance 

under subsection (a)(1), the Secretary shall refund the excess 

amount to the City. 

(3) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance under subsection (a)(1). Amounts so credited shall be merged with 

amounts in such fund or account and shall be available for 

the same purposes, and subject to the same conditions and 

limitations, as amounts in such fund or account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the parcel of real property to be conveyed under 

Determination. 

Survey. 

Reimbursement. 

Payment. 

Determination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2211 

subsection (a)(1) shall be determined by a survey satisfactory to 

the Secretary of the Navy. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with the conveyance under subsection (a)(1) as the Secretary 

considers appropriate to protect the interests of the United States. 

SEC. 2857. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA 

BEACH, VIRGINIA, TO SCHOOL BOARD OF CITY OF VIRGINIA BEACH, VIRGINIA. 

(a) CONVEYANCE AUTHORIZED.— 

(1) IN GENERAL.—The Secretary of the Navy may convey 

to the School Board of the City of Virginia Beach, Virginia 

(in this section referred to as ‘‘VBCPS’’) all right, title, and 

interest of the United States in and to a parcel of real property, 

including any improvements thereon, consisting of approximately 2.77 acres at Naval Air Station Oceana, Virginia Beach, 

Virginia, located at 121 West Lane (GPIN: 2407-94-0772) for 

the purpose of permitting VBCPS to use the property for educational purposes. 

(2) CONTINUATION OF EXISTING EASEMENTS, RESTRICTIONS, 

AND COVENANTS.—The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence 

on the date of the enactment of this Act. 

(b) CONSIDERATION.— 

(1) CONSIDERATION REQUIRED; AMOUNT.—As consideration 

for the conveyance under subsection (a), VBCPS shall pay to 

the Secretary of the Navy an amount that is not less than 

the fair market value of the property to be conveyed, as determined by the Secretary. The Secretary’s determination of fair 

market value shall be final of the property to be conveyed. 

(2) FORM OF CONSIDERATION.—The consideration required 

by paragraph (1) may be in the form of a cash payment, 

in-kind consideration as described in paragraph (3), or a combination thereof, as acceptable to the Secretary. Cash consideration shall be deposited in the special account in the Treasury 

established under section 572 of title 40, United States Code, 

and the entire amount deposited shall be available for use 

in accordance with subsection (b)(5)(ii) of such section. 

(3) IN-KIND CONSIDERATION.—The Secretary may accept as 

in-kind consideration under this subsection the acquisition, 

construction, provision, improvement, maintenance, repair, or 

restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or the delivery 

of services, relating to the needs of Naval Air Station Oceana. 

(c) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary of the Navy shall 

require VBCPS to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), 

including costs related to environmental and real estate due 

diligence, and any other administrative costs related to the 

conveyance. If amounts are collected in advance of the Secretary 

incurring the actual costs, and the amount collected exceeds 

the costs actually incurred by the Secretary to carry out the 

Refunds. 

Reimbursement. 

Payment. 

Determination. 


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135 STAT. 2212 PUBLIC LAW 117–81—DEC. 27, 2021 

conveyance, the Secretary shall refund the excess amount to 

VBCPS. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover those costs incurred 

by the Secretary in carrying out the conveyance or, if the 

period of availability for obligations for that appropriation has 

expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be 

merged with amounts in such fund or account, and shall be 

available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. 

(d) LIMITATION ON SOURCE OF FUNDS.—VBCPS may not use 

Federal funds to cover any portion of the costs required by subsections (b) and (c) to be paid by VBCPS. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the parcel of real property to be conveyed under 

subsection (a) shall be determined by a survey satisfactory to the 

Secretary of the Navy. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary 

considers appropriate to protect the interests of the United States. 

Subtitle G—Authorized Pilot Programs 

SEC. 2861. PILOT PROGRAM ON INCREASED USE OF SUSTAINABLE 

BUILDING MATERIALS IN MILITARY CONSTRUCTION. 

(a) PILOT PROGRAM REQUIRED.—Each Secretary of a military 

department shall conduct a pilot program to evaluate the effect 

that the use of sustainable building materials as the primary 

construction material in military construction may have on the 

environmental sustainability, infrastructure resilience, cost 

effectiveness, and construction timeliness of military construction. 

(b) PROJECT SELECTION AND LOCATIONS.— 

(1) MINIMUM NUMBER OF PROJECTS.—Each Secretary of a 

military department shall carry out at least one military 

construction project under the pilot program. 

(2) PROJECT LOCATIONS.—The pilot program shall be conducted at military installations in the continental United 

States— 

(A) that are identified as vulnerable to extreme 

weather events; and— 

(B) for which a military construction project is authorized but a request for proposal has not been released. 

(c) INCLUSION OF MILITARY UNACCOMPANIED HOUSING

PROJECT.—The Secretaries of the military departments shall coordinate the selection of military construction projects to be carried 

out under the pilot program so that at least one of the military 

construction projects involves construction of military unaccompanied housing. 

(d) DURATION OF PROGRAM.—The authority of the Secretary 

of a military department to carry out a military construction project 

under the pilot program shall expire on September 30, 2024. Any 

construction commenced under the pilot program before the expiration date may continue to completion. 

Coordination. 

Evaluation. 

10 USC 2802 

note. 

Determination. 

Survey. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2213 

(e) REPORTING REQUIREMENT.— (1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, and every 180 days thereafter 

through December 31, 2024, the Secretaries of the military 

departments shall submit to the congressional defense committees a report on the progress of the pilot program. 

(2) REPORT ELEMENTS.—The report shall include the following: 

(A) A description of the status of the military construction projects selected to be conducted under the pilot program. 

(B) An explanation of the reasons why those military 

construction projects were selected. 

(C) An analysis of the following: 

(i) The projected or actual carbon footprint over 

the full life cycle of the various sustainable building 

materials evaluated in the pilot program. 

(ii) The life cycle costs of the various sustainable 

building materials evaluated in the pilot program. 

(iii) The resilience to extreme weather events of 

the various sustainable building materials evaluated 

in the pilot program. 

(iv) Any impact on construction timeliness of using 

the various sustainable building materials evaluated 

in the pilot program. 

(v) The cost effectiveness of the military construction projects conducted under the pilot program using 

sustainable building materials as compared to other 

materials historically used in military construction. 

(D) Any updated guidance the Under Secretary of 

Defense for Acquisition and Sustainment has released in 

relation to the procurement policy for future military 

construction projects based on comparable benefits realized 

from use of sustainable building materials, including guidance on prioritizing sustainable materials in establishing 

evaluation criteria for military construction project contracts when technically feasible. 

(f) SUSTAINABLE BUILDING MATERIALS DEFINED.—In this section, the term ‘‘sustainable building material’’ means any building 

material the use of which will reduce carbon emissions over the 

life cycle of the building. The term includes mass timber, concrete, 

and other carbon-reducing materials. 

SEC. 2862. PILOT PROGRAM ON ESTABLISHMENT OF ACCOUNT FOR 

REIMBURSEMENT FOR USE OF TESTING FACILITIES AT 

INSTALLATIONS OF THE DEPARTMENT OF THE AIR 

FORCE. 

(a) PILOT PROGRAM REQUIRED.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of the Air 

Force shall establish a pilot program to authorize installations 

of the Department of the Air Force to establish a reimbursable 

account for the purpose of being reimbursed for the use of testing 

facilities on such installation. 

(b) INSTALLATIONS SELECTED.—The Secretary of the Air Force 

shall select not more than two installations of the Department 

of the Air Force to participate in the pilot program from among 

any such installations that are part of the Air Force Flight Test 

Deadline. 

10 USC 9771 

note prec. 

Analysis. 

Time period. 


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135 STAT. 2214 PUBLIC LAW 117–81—DEC. 27, 2021 

Center construct and are currently funded for Facility, Sustainment, 

Restoration, and Modernization (FSRM) through the Research, 

Development, Test, and Evaluation account of the Department of 

the Air Force. 

(c) OVERSIGHT OF FUNDS.— (1) INSTALLATION COMMANDER.—The commander of an 

installation selected for the pilot program shall have direct 

oversight over 50 percent of the funds allocated to the installation for Facility, Sustainment, Restoration, and Modernization. 

(2) AIR FORCE CIVIL ENGINEER CENTER COMMANDER.—The 

Commander of the Air Force Civil Engineer Center shall have 

direct oversight over the remaining 50 percent of Facility, 

Sustainment, Restoration, and Modernization funds allocated 

to an installation selected for the pilot program. 

(d) BRIEFING AND REPORT.— (1) BRIEFING.—Not later than 30 days after establishing 

the pilot program, the Secretary of the Air Force shall brief 

the congressional defense committees on the pilot program. 

(2) ANNUAL REPORT.—Not later than one year after establishing the pilot program under subsection (a), and annually 

thereafter through the year following termination of the pilot 

program, the Secretary of the Air Force shall submit to the 

congressional defense committees a report on the pilot program. 

(e) TERMINATION.—The pilot program shall terminate on 

December 1, 2026. 

Subtitle H—Asia-Pacific and Indo-Pacific 

Issues 

SEC. 2871. IMPROVED OVERSIGHT OF CERTAIN INFRASTRUCTURE 

SERVICES PROVIDED BY NAVAL FACILITIES 

ENGINEERING SYSTEMS COMMAND PACIFIC. 

The Secretary of the Navy shall designate an administrative 

position within the Naval Facilities Engineering Systems Command 

Pacific for the purpose of improving the continuity of management 

and oversight of real property and infrastructure assets in the 

Pacific Area of Responsibility related to the training needs of the 

Armed Forces, particularly regarding leased property for which 

the lease will expire within 10 years after the date of the enactment 

of this Act. 

SEC. 2872. ANNUAL CONGRESSIONAL BRIEFING ON RENEWAL OF 

DEPARTMENT OF DEFENSE EASEMENTS AND LEASES OF 

LAND IN HAWAI‘I. 

(a) ANNUAL BRIEFING REQUIRED.—Not later than February 1 

of each year, the Secretary of Defense shall brief the congressional 

defense committee on the progress being made by the Department 

of Defense to renew each Department of Defense land lease and 

easement in the State of Hawai‘i that— 

(1) encompasses one acre or more; and 

(2) will expire within 10 years after the date of the briefing. 

(b) REQUIRED ELEMENTS OF BRIEFING.—Each briefing provided 

under subsection (a) shall include the following: 

(1) The location, size, and expiration date of each lease 

and easement described in such subsection. 

Expiration date. 

Time period. 

Deadline. 

10 USC 8013 

note. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2215 

(2) Major milestones and expected timelines for 

maintaining access to the land covered by such lease and easement. 

(3) Actions completed over the preceding two years for 

such lease and easement. 

(4) Department-wide and service-specific authorities governing the extension of such lease and easement. 

(5) A summary of coordination efforts between the Secretary of Defense and the Secretaries of the military departments. 

(6) The status of efforts to develop an inventory of military 

land in Hawai‘i, including current and possible future uses 

of the land, that would assist in land negotiations with the 

State of Hawai‘i. 

(7) The risks and potential solutions to ensure the renewability of required and critical leases and easements. 

SEC. 2873. HAWAI‘I MILITARY LAND USE MASTER PLAN. 

(a) UPDATE OF MASTER PLAN REQUIRED.—Not later than 

December 31, 2025, the Commander of the United States IndoPacific Command shall update the Hawai‘i Military Land Use 

Master Plan, which was first produced by the Department of 

Defense in 1995 and last updated in 2021. 

(b) ELEMENTS.—In updating the Hawai‘i Military Land Use 

Master Plan as required by subsection (a), the Commander of 

the United States Indo-Pacific Command shall consider, address, 

and include the following: 

(1) The priorities of each individual Armed Force and joint 

priorities within the State of Hawai‘i. 

(2) The historical background of Armed Forces and Department of Defense use of lands in Hawai‘i and the cultural 

significance of the historical land holdings. 

(3) A summary of all leases and easements held by the 

Department of Defense. 

(4) An overview of Army, Navy, Marine Corps, Air Force, 

Space Force, Coast Guard, Hawai‘i National Guard, and Hawai‘i 

Air National Guard assets in the State, including the following 

for each asset: 

(A) The location and size of facilities. 

(B) Any tenet commands. 

(C) Training lands. 

(D) Purpose of the asset. 

(E) Priorities for the asset for the next five years, 

including any planned divestitures and expansions. 

(5) A summary of encroachment planning efforts. 

(6) A summary of efforts to synchronize the inter-service 

use of training lands and ranges. 

(c) COOPERATION.—The Commander of the United States IndoPacific Command shall update the Hawai‘i Military Land Use 

Master Plan under this section in conjunction with the Deputy 

Assistant Secretary of Defense for Real Property. 

(d) SUBMISSION OF UPDATED PLAN.—Not later than 30 days 

after the date of the completion of the update to the Hawai‘i 

Military Land Use Master Plan required by subsection (a), the 

Commander of the United States Indo-Pacific Command shall 

submit the updated master plan to the Committees on Armed 

Services of the Senate and the House of Representatives. 

Deadline. 

Deadline. 

Summary. 


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135 STAT. 2216 PUBLIC LAW 117–81—DEC. 27, 2021 

Subtitle I—One-Time Reports and Other 

Matters 

SEC. 2881. CLARIFICATION OF INSTALLATION AND MAINTENANCE 

REQUIREMENTS REGARDING FIRE EXTINGUISHERS IN 

DEPARTMENT OF DEFENSE FACILITIES. 

Section 2861 of the Military Construction Authorization Act 

for Fiscal Year 2020 (division B of Public Law 116–92; 10 U.S.C. 

113 note; 133 Stat. 1899) is amended by striking ‘‘requirements 

of national model fire codes developed by the National Fire Protection Association and the International Code Council’’ and inserting 

‘‘NFPA 1, Fire Code of the National Fire Protection Association 

and applicable requirements of the international building code and 

international fire code of the International Code Council’’. 

SEC. 2882. GAO REVIEW AND REPORT OF MILITARY CONSTRUCTION 

CONTRACTING AT MILITARY INSTALLATIONS INSIDE THE 

UNITED STATES. 

(a) REVIEW REQUIRED.—The Comptroller General of the United 

States shall perform a review to assess the contracting approaches 

authorized pursuant to section 2802 of title 10, United States Code, 

used to maintain and upgrade military installations inside the 

United States. 

(b) ELEMENTS OF REVIEW.—In conducting the review required 

by subsection (a), the Comptroller General should consider, to the 

extent practicable, such issues as the following: 

(1) The extent to which the Department of Defense uses 

competitive procedures when awarding contracts to contractors 

to maintain or upgrade military installations inside the United 

States. 

(2) The number of contractors awarded such a contract 

that are considered a small business, and the percentage that 

these contracts comprise of all such contracts. 

(3) The extent to which the primary business location of 

each contractor awarded such a contract is located within 60 

miles of the military installation where the contract is to be 

performed. 

(4) The extent to which contractors awarded such a contract 

in turn use subcontractors and suppliers whose primary business location is located within 60 miles of the military installation where the contract is to be performed. 

(5) The extent to which the source selection procedures 

used by the responsible contracting organization considers 

whether offerors are small businesses or are businesses that 

are located within 60 miles of the military installation where 

the contract is to be performed. 

(6) Any other matters the Comptroller General determines 

relevant to the review. 

(c) REPORT REQUIRED.—Not later than March 31, 2023, the 

Comptroller General shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

containing the results of the review required by subsection (a). 

(d) SMALL BUSINESS DEFINED.—In this section, the term ‘‘small 

business’’ means a contractor that is a small-business concern as 

such term is defined under section 3 of the Small Business Act 

(15 U.S.C. 632). 

Assessment. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2217 

DIVISION C—DEPARTMENT OF ENERGY 

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs and Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Nuclear energy. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Plutonium pit production capacity. 

Sec. 3112. Improvements to cost estimates informing analyses of alternatives. 

Sec. 3113. University-based defense nuclear policy collaboration program. 

Sec. 3114. Defense environmental cleanup programs. 

Sec. 3115. Modification of requirements for certain construction projects. 

Sec. 3116. Updates to infrastructure modernization initiative. 

Sec. 3117. Extension of authority for appointment of certain scientific, engineering, 

and technical personnel. 

Sec. 3118. Extension of authority for acceptance of contributions for acceleration of 

removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. 

Sec. 3119. Extension of enhanced procurement authority to manage supply chain 

risk. 

Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads. 

Sec. 3121. Portfolio management framework for National Nuclear Security Administration. 

Subtitle C—Reports and Other Matters 

Sec. 3131. Modifications to certain reporting requirements. 

Sec. 3132. Modification to terminology for reports on financial balances for atomic 

energy defense activities. 

Sec. 3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile. 

Sec. 3134. Report on plant-directed research and development. 

Sec. 3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials. 

Sec. 3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio. 

Sec. 3137. Comprehensive strategy for treating, storing, and disposing of defense 

nuclear waste resulting from stockpile maintenance and modernization 

activities. 

Sec. 3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration. 

Sec. 3139. Study on the W80–4 nuclear warhead life extension program. 

Sec. 3140. Study on Runit Dome and related hazards. 

Sec. 3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing. 

Subtitle A—National Security Programs 

and Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated to the Department of Energy for 

fiscal year 2022 for the activities of the National Nuclear Security 

Administration in carrying out programs as specified in the funding 

table in section 4701. 


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135 STAT. 2218 PUBLIC LAW 117–81—DEC. 27, 2021 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds 

referred to in subsection (a) that are available for carrying out 

plant projects, the Secretary of Energy may carry out new plant 

projects for the National Nuclear Security Administration as follows: 

Project 22–D–513, Power Sources Capability, Sandia 

National Laboratories, Albuquerque, New Mexico, $13,827,000. 

Project 22–D–514, Digital Infrastructure Capability Expansion, Lawrence Livermore National Laboratory, Livermore, 

California, $8,000,000. 

Project 22–D–531, KL Chemistry and Radiological Health 

Building, Knolls Atomic Power Laboratory, Schenectady, New 

York, $41,620,000. 

Project 22–D–532, KL Security Upgrades, Knolls Atomic 

Power Laboratory, Schenectady, New York, $5,100,000. 

Shipping & Receiving (Exterior), Los Alamos National Laboratory, Los Alamos, New Mexico, $9,700,000. 

TCAP Restoration Column A, Savannah River Site, Aiken, 

South Carolina, $4,700,000. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated to the Department of Energy for 

fiscal year 2022 for defense environmental cleanup activities in 

carrying out programs as specified in the funding table in section 

4701. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds 

referred to in subsection (a) that are available for carrying out 

plant projects, the Secretary of Energy may carry out, for defense 

environmental cleanup activities, the following new plant projects: 

Project 22–D–401, 400 Area Fire Station, Hanford Site, Richland, Washington, $15,200,000. 

Project 22–D–402, 200 Area Water Treatment Facility, Hanford 

Site, Richland, Washington, $12,800,000. 

Project 22–D–403, Idaho Spent Nuclear Fuel Staging Facility, 

Idaho National Laboratory, Idaho Falls, Idaho, $3,000,000. 

Project 22–D–404, Additional ICDF Landfill Disposal Cell and 

Evaporation Ponds Project, Idaho National Laboratory, Idaho Falls, 

Idaho, $5,000,000. 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for other defense activities 

in carrying out programs as specified in the funding table in section 

4701. 

SEC. 3104. NUCLEAR ENERGY. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for nuclear energy as specified 

in the funding table in section 4701. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2219 

Subtitle B—Program Authorizations, 

Restrictions, and Limitations 

SEC. 3111. PLUTONIUM PIT PRODUCTION CAPACITY. 

(a) CERTIFICATIONS.—Section 4219 of the Atomic Energy 

Defense Act (50 U.S.C. 2538a) is amended by adding at the end 

the following new subsections: 

‘‘(d) CERTIFICATIONS ON PLUTONIUM ENTERPRISE.— ‘‘(1) REQUIREMENT.—Not later than 30 days after the date 

on which a covered project achieves a critical decision milestone, 

the Assistant Secretary for Environmental Management and 

the Deputy Administrator for Defense Programs shall jointly 

certify to the congressional defense committees that the operations, infrastructure, and workforce of such project are adequate to carry out the delivery and disposal of planned waste 

shipments relating to the plutonium enterprise, as outlined 

in the critical decision memoranda of the Department of Energy 

with respect to such project. 

‘‘(2) FAILURE TO CERTIFY.—If the Assistant Secretary for 

Environmental Management and the Deputy Administrator for 

Defense Programs fail to make a certification under paragraph 

(1) by the date specified in such paragraph with respect to 

a covered project achieving a critical decision milestone, the 

Assistant Secretary and the Deputy Administrator shall jointly 

submit to the congressional defense committees, by not later 

than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be 

adequate to carry out the delivery and disposal of planned 

waste shipments described in such paragraph. 

‘‘(e) REPORTS.— ‘‘(1) REQUIREMENT.—Not later than March 1 of each year 

during the period beginning on the date on which the first 

covered project achieves critical decision 2 in the acquisition 

process and ending on the date on which the second project 

achieves critical decision 4 and begins operations, the Administrator for Nuclear Security shall submit to the congressional 

defense committees a report on the planned production goals 

of both covered projects during the first 10 years of the operation of the projects. 

‘‘(2) ELEMENTS.—Each report under paragraph (1) shall 

include— 

‘‘(A) the number of war reserve plutonium pits planned 

to be produced during each year, including the associated 

warhead type; 

‘‘(B) a description of risks and challenges to meeting 

the performance baseline for the covered projects, as 

approved in critical decision 2 in the acquisition process; 

‘‘(C) options available to the Administrator to balance 

scope, costs, and production requirements at the projects 

to decrease overall risk to the plutonium enterprise and 

enduring plutonium pit requirements; and 

‘‘(D) an explanation of any changes to the production 

goals or requirements as compared to the report submitted 

during the previous year. 

‘‘(f) COVERED PROJECT DEFINED.—In this subsection, the term 

‘covered project’ means— 

Time period. 

Deadline. 

Plan. 

Deadline. 


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135 STAT. 2220 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(1) the Savannah River Plutonium Processing Facility, 

Savannah River Site, Aiken, South Carolina (Project 21–D– 

511); or 

‘‘(2) the Plutonium Pit Production Project, Los Alamos 

National Laboratory, Los Alamos, New Mexico (Project 21– 

D–512).’’. 

(b) BRIEFING.—Not later than May 1, 2022, the Administrator 

for Nuclear Security and the Director for Cost Estimating and 

Program Evaluation shall jointly provide to the congressional 

defense committees a briefing on the ability of the National Nuclear 

Security Administration to carry out the plutonium enterprise of 

the Administration, including with respect to the adequacy of the 

program management staff of the Administration to execute covered 

projects (as defined in subsection (f) of section 4219 of the Atomic 

Energy Defense Act (50 U.S.C. 2538a), as amended by subsection 

(a)). 

SEC. 3112. IMPROVEMENTS TO COST ESTIMATES INFORMING ANALYSES OF ALTERNATIVES. 

(a) IN GENERAL.—Subtitle A of title XLVII of the Atomic Energy 

Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at 

the end the following new section: 

‘‘SEC. 4718. IMPROVEMENTS TO COST ESTIMATES INFORMING ANALYSES OF ALTERNATIVES. 

‘‘(a) REQUIREMENT FOR ANALYSES OF ALTERNATIVES.—The 

Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized 

by a DOE national security authorization is designed to fully satisfy 

the requirements outlined in the mission needs statement approved 

at critical decision 0 in the acquisition process, as set forth in 

Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) 

or a successor order. 

‘‘(b) USE OF PROJECT ENGINEERING AND DESIGN FUNDS.—In 

the case of a project the total estimated cost of which exceeds 

$500,000,000 and that has not reached critical decision 1 in the 

acquisition process, the Administrator may use funds authorized 

by a DOE national security authorization for project engineering 

and design to begin the development of a conceptual design to 

facilitate the development of a cost estimate for the project during 

the analysis of alternatives for the project if— 

‘‘(1) the Administrator— 

‘‘(A) determines that such use of funds would improve 

the quality of the cost estimate for the project; and 

‘‘(B) notifies the congressional defense committees of 

that determination; and 

‘‘(2) a period of 15 days has elapsed after the date on 

which such committees receive the notification.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by inserting after the item 

relating to section 4717 the following new item: 

‘‘Sec. 4718. Improvements to cost estimates informing analyses of alternatives.’’. 

50 USC 2758. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2221 

SEC. 3113. UNIVERSITY-BASED DEFENSE NUCLEAR POLICY 

COLLABORATION PROGRAM. 

Title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 

2781 et seq.) is amended by adding at the end the following new 

section (and conforming the table of contents accordingly): 

‘‘SEC. 4853. UNIVERSITY-BASED DEFENSE NUCLEAR POLICY 

COLLABORATION PROGRAM. 

‘‘(a) PROGRAM.—The Administrator shall carry out a program 

under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in 

support of implementing and innovating the defense nuclear policy 

programs of the Administration. The Administrator shall establish 

and carry out such program in a manner similar to the program 

established under section 4814. 

‘‘(b) PURPOSES.—The purposes of the consortium under subsection (a) are as follows: 

‘‘(1) To shape the formulation and application of policy 

through the conduct of research and analysis regarding defense 

nuclear policy programs. 

‘‘(2) To maintain open-source databases on issues relevant 

to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear 

security. 

‘‘(3) To facilitate the collaboration of research centers of 

excellence relating to defense nuclear policy to better distribute 

expertise to specific issues and scenarios regarding such 

threats. 

‘‘(c) DUTIES.— ‘‘(1) SUPPORT.—The Administrator shall ensure that the 

consortium established under subsection (a) provides support 

to individuals described in paragraph (2) through the use of 

nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research 

grants. 

‘‘(2) INDIVIDUALS DESCRIBED.—The individuals described in 

this paragraph are graduate students, academics, and policy 

specialists, who are focused on policy innovation related to— 

‘‘(A) defense nuclear nonproliferation; 

‘‘(B) arms control; 

‘‘(C) nuclear deterrence; 

‘‘(D) the study of foreign nuclear programs; 

‘‘(E) nuclear security; or 

‘‘(F) educating and training the next generation of 

defense nuclear policy experts.’’. 

SEC. 3114. DEFENSE ENVIRONMENTAL CLEANUP PROGRAMS. 

(a) ESTABLISHMENT OF PROGRAMS.—Subtitle A of title XLIV 

of the Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is 

amended by inserting after section 4406 the following new section 

(and conforming the table of contents at the beginning of such 

Act accordingly): 

‘‘SEC. 4406A. OTHER PROGRAMS RELATING TO TECHNOLOGY 

DEVELOPMENT. 

‘‘(a) INCREMENTAL TECHNOLOGY DEVELOPMENT PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Secretary may establish a program, to be known as the ‘Incremental Technology Development 

50 USC 2586a. 

50 USC 2823. 


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135 STAT. 2222 PUBLIC LAW 117–81—DEC. 27, 2021 

Program’, to improve the efficiency and effectiveness of the 

defense environmental cleanup processes of the Office. 

‘‘(2) FOCUS.— 

‘‘(A) IMPROVEMENTS.—In carrying out the Incremental 

Technology Development Program, the Secretary shall 

focus on the continuous improvement of new or available 

technologies, including— 

‘‘(i) decontamination chemicals and techniques; 

‘‘(ii) remote sensing and wireless communication 

to reduce manpower and laboratory efforts; 

‘‘(iii) detection, assay, and certification 

instrumentation; and 

‘‘(iv) packaging materials, methods, and shipping 

systems. 

‘‘(B) OTHER AREAS.—The Secretary may include in the 

Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph 

(A). 

‘‘(3) USE OF NEW AND EMERGING TECHNOLOGIES.— 

‘‘(A) DEVELOPMENT AND DEMONSTRATION.—In carrying 

out the Incremental Technology Development Program, the 

Secretary shall ensure that site offices of the Office conduct 

technology development, demonstration, testing, permitting, and deployment of new and emerging technologies 

to establish a sound technical basis for the selection of 

technologies for defense environmental cleanup or infrastructure operations. 

‘‘(B) COLLABORATION REQUIRED.—The Secretary shall 

collaborate, to the extent practicable, with the heads of 

other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the 

Department of Labor in the development, demonstration, 

testing, permitting, and deployment of new technologies 

under the Incremental Technology Development Program. 

‘‘(4) AGREEMENTS TO CARRY OUT PROJECTS.— 

‘‘(A) AUTHORITY.—In carrying out the Incremental 

Technology Development Program, the Secretary may enter 

into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, 

and deployment projects to improve technologies in accordance with paragraph (2). 

‘‘(B) SELECTION.—The Secretary shall select projects 

under subparagraph (A) through a rigorous process that 

involves— 

‘‘(i) transparent and open competition; and 

‘‘(ii) a review process that, if practicable, is conducted in an independent manner consistent with 

Department guidance on selecting and funding publicprivate partnerships. 

‘‘(C) COST-SHARING.—The Federal share of the costs 

of the development, demonstration, testing, permitting, and 

deployment of new technologies carried out under this paragraph shall be not more than 70 percent. 

‘‘(D) BRIEFING.—Not later than 120 days before the 

date on which the Secretary enters into the first agreement 

Deadline. 

Review. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2223 

under subparagraph (A), the Secretary shall provide to 

the congressional defense committees a briefing on the 

process of selecting and funding efforts within the Incremental Technology Development Program, including with 

respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts 

of interest. 

‘‘(b) HIGH-IMPACT TECHNOLOGY DEVELOPMENT PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Secretary shall establish a program, to be known as the ‘High-Impact Technology Development Program’, under which the Secretary shall enter into 

agreements with nongovernmental entities for projects that 

pursue technologies that, with respect to the mission— 

‘‘(A) holistically address difficult challenges; 

‘‘(B) hold the promise of breakthrough improvements; 

or 

‘‘(C) align existing or in-use technologies with difficult 

challenges. 

‘‘(2) AREAS OF FOCUS.—The Secretary may include as areas 

of focus for a project carried out under the High-Impact Technology Development Program the following: 

‘‘(A) Developing and demonstrating improved methods 

for source and plume characterization and monitoring, with 

an emphasis on— 

‘‘(i) real-time field acquisition; and 

‘‘(ii) the use of indicator species analyses with 

advanced contaminant transport models to enable 

better understanding of contaminant migration. 

‘‘(B) Developing and determining the limits of performance for remediation technologies and integrated remedial 

systems that prevent migration of contaminants, including 

by producing associated guidance and design manuals for 

technologies that could be widely used across the complex. 

‘‘(C) Demonstrating advanced monitoring approaches 

that use multiple lines of evidence for monitoring longterm performance of— 

‘‘(i) remediation systems; and 

‘‘(ii) noninvasive near-field monitoring techniques. 

‘‘(D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that 

control behavior, with an emphasis on— 

‘‘(i) rapid and nondestructive examination and 

assay techniques; and 

‘‘(ii) methods to determine radio-nuclide, heavy 

metals, and organic constituents. 

‘‘(E) Demonstrating the technical basis for determining 

when enhanced or natural attenuation is an appropriate 

approach for remediation of complex sites. 

‘‘(F) Developing and demonstrating innovative methods 

to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could 

be useful for all phases of the waste management program, 

including improving the accuracy and representativeness 

of characterization data for residual waste in tanks and 

ancillary equipment. 

Contracts. 


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135 STAT. 2224 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(G) Adapting existing waste treatment technologies 

or demonstrating new waste treatment technologies at the 

pilot plant scale using real wastes or realistic surrogates— 

‘‘(i) to address engineering adaptations; 

‘‘(ii) to ensure compliance with waste treatment 

standards and other applicable requirements under 

Federal and State law and any existing agreements 

or consent decrees to which the Department is a party; 

and 

‘‘(iii) to enable successful deployment at full-scale 

and in support of operations. 

‘‘(H) Developing and demonstrating rapid testing protocols that— 

‘‘(i) are accepted by the Environmental Protection 

Agency, the Nuclear Regulatory Commission, the 

Department, and the scientific community; 

‘‘(ii) can be used to measure long-term waste form 

performance under realistic disposal environments; 

‘‘(iii) can determine whether a stabilized waste 

is suitable for disposal; and 

‘‘(iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste 

prior to disposal. 

‘‘(I) Developing and demonstrating direct stabilization 

technologies to provide waste forms for disposing of elemental mercury. 

‘‘(J) Developing and demonstrating innovative and 

effective retrieval methods for removal of waste residual 

materials from tanks and ancillary equipment, including 

mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting 

pipelines. 

‘‘(3) PROJECT SELECTION.— 

‘‘(A) SELECTION.—The Secretary shall select projects 

to be carried out under the High-Impact Technology 

Development Program through a rigorous process that 

involves— 

‘‘(i) transparent and open competition; and 

‘‘(ii) a review process that, if practicable, is conducted in an independent manner consistent with 

Department guidance on selecting and funding publicprivate partnerships. 

‘‘(B) BRIEFING.—Not later than 120 days before the 

date on which the Secretary enters into the first agreement 

under paragraph (1), the Secretary shall provide to the 

congressional defense committees a briefing on the process 

of selecting and funding efforts within the High-Impact 

Technology Development Program, including with respect 

to the plans of the Secretary to ensure a scientifically 

rigorous process that minimizes potential conflicts of 

interest. 

‘‘(c) ENVIRONMENTAL MANAGEMENT UNIVERSITY PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Secretary shall establish a program, to be known as the ‘Environmental Management University Program’, to— 

‘‘(A) engage faculty, post-doctoral fellows or 

researchers, and graduate students of institutions of higher 

Deadline. 

Review. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2225 

education on subjects relating to the mission to show a 

clear path for students for employment within the environmental management enterprise; 

‘‘(B) provide institutions of higher education and the 

Department access to advances in engineering and science; 

‘‘(C) clearly identify to institutions of higher education 

the tools necessary to enter into the environmental management field professionally; and 

‘‘(D) encourage current employees of the Department 

to pursue advanced degrees. 

‘‘(2) AREAS OF FOCUS.—The Secretary may include as areas 

of focus for a grant made under the Environmental Management University Program the following: 

‘‘(A) The atomic- and molecular-scale chemistries of 

waste processing. 

‘‘(B) Contaminant immobilization in engineered and 

natural systems. 

‘‘(C) Developing innovative materials, with an 

emphasis on nanomaterials or biomaterials, that could 

enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine. 

‘‘(D) Elucidating and exploiting complex speciation and 

reactivity far from equilibrium. 

‘‘(E) Understanding and controlling chemical and physical processes at interfaces. 

‘‘(F) Harnessing physical and chemical processes to 

revolutionize separations. 

‘‘(G) Tailoring waste forms for contaminants in harsh 

chemical environments. 

‘‘(H) Predicting and understanding subsurface system 

behavior and response to perturbations. 

‘‘(3) INDIVIDUAL RESEARCH GRANTS.—In carrying out the 

Environmental Management University Program, the Secretary 

may make individual research grants to faculty, post-doctoral 

fellows or researchers, and graduate students of institutions 

of higher education for three-year research projects, with an 

option for an extension of one additional two-year period. 

‘‘(4) GRANTS FOR INTERDISCIPLINARY COLLABORATIONS.—In 

carrying out the Environmental Management University Program, the Secretary may make research grants for strategic 

partnerships among scientists, faculty, post-doctoral fellows or 

researchers, and graduate students of institutions of higher 

education for three-year research projects. 

‘‘(5) HIRING OF UNDERGRADUATES.—In carrying out the 

Environmental Management University Program, the Secretary 

may establish a summer internship program for undergraduates of institutions of higher education to work on projects 

relating to environmental management. 

‘‘(6) WORKSHOPS.—In carrying out the Environmental 

Management University Program, the Secretary may hold 

workshops with the Office of Environmental Management, the 

Office of Science, and members of academia and industry concerning environmental management challenges and solutions. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘complex’ means all sites managed in whole 

or in part by the Office. 


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135 STAT. 2226 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(2) The term ‘Department’ means the Department of 

Energy. 

‘‘(3) The term ‘institution of higher education’ has the 

meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

‘‘(4) The term ‘mission’ means the mission of the Office. 

‘‘(5) The term ‘National Laboratory’ has the meaning given 

the term in section 2 of the Energy Policy Act of 2005 (42 

U.S.C. 15801). 

‘‘(6) The term ‘Office’ means the Office of Environmental 

Management of the Department. 

‘‘(7) The term ‘Secretary’ means the Secretary of Energy, 

acting through the Assistant Secretary for Environmental 

Management.’’. 

(b) INDEPENDENT ASSESSMENT OF DEFENSE ENVIRONMENTAL

CLEANUP PROGRAMS.— (1) INDEPENDENT ASSESSMENT.—Not later than one year 

after the date of the enactment of this Act, the Chief of Engineers of the Army shall develop and transmit to the Secretary 

of Energy and the congressional defense committees an independent assessment of the lifecycle costs and schedules of the 

defense environmental cleanup programs of the Office of 

Environmental Management of the Department of Energy. 

(2) FOCUS OF ASSESSMENT.—The Chief of Engineers shall 

ensure that the assessment under paragraph (1) is focused 

on— 

(A) identifying key remaining technical risks and 

uncertainties of the defense environmental cleanup programs; and 

(B) providing recommendations to the Secretary and 

to the congressional defense committees with respect to 

the annual funding levels for the Incremental Technology 

Development Program and the High-Impact Technology 

Development Program established under section 4406A of 

the Atomic Energy Defense Act, as added by subsection 

(a), that will ensure maximum cost-savings over the life 

of the defense environmental cleanup programs of the 

Office. 

(3) NO EFFECT ON PROGRAM IMPLEMENTATION.—Nothing 

in this subsection affects the establishment, implementation, 

or carrying out of any project or program under any other 

provision of law, including under section 4406A of the Atomic 

Energy Defense Act, as added by subsection (a), or under any 

existing agreement or consent decree to which the Department 

is a party, during the period in which the assessment under 

paragraph (1) is carried out. 

SEC. 3115. MODIFICATION OF REQUIREMENTS FOR CERTAIN 

CONSTRUCTION PROJECTS. 

(a) INCREASE IN MINOR CONSTRUCTION THRESHOLD FOR PLANT

PROJECTS.—Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C. 2741(2)) is amended by striking ‘‘$20,000,000’’ and inserting 

‘‘$25,000,000’’. 

(b) NOTIFICATION REQUIREMENT FOR CERTAIN MINOR

CONSTRUCTION PROJECTS.— (1) IN GENERAL.—Section 4703 of the Atomic Energy 

Defense Act (50 U.S.C. 2743) is amended— 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2227 

(A) by redesignating subsection (d) as subsection (e); 

and 

(B) by inserting after subsection (c) the following new 

subsection (d): 

‘‘(d) NOTIFICATION REQUIRED FOR CERTAIN PROJECTS.—Notwithstanding subsection (a), the Secretary may not start a minor 

construction project with a total estimated cost of more than 

$5,000,000 until— 

‘‘(1) the Secretary notifies the congressional defense 

committees of such project and total estimated cost; and 

‘‘(2) a period of 15 days has elapsed after the date on 

which such notification is received.’’. 

(2) CONFORMING REPEAL.—Section 3118(c) of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 

111–84; 50 U.S.C. 2743 note) is repealed. 

(c) INCREASE IN CONSTRUCTION DESIGN THRESHOLD.—Section 

4706(b) of the Atomic Energy Defense Act (50 U.S.C. 2746(b)) is 

amended by striking ‘‘$2,000,000’’ each place it appears and 

inserting ‘‘$5,000,000’’. 

SEC. 3116. UPDATES TO INFRASTRUCTURE MODERNIZATION INITIATIVE. 

Section 3111(b) of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91; 50 U.S.C. 2402 note) is 

amended— 

(1) in paragraph (1), by striking ‘‘reduce the deferred 

maintenance and repair needs of the nuclear security enterprise 

by not less than 30 percent by 2025’’ and inserting ‘‘reduce 

the total deferred maintenance per replacement plant value 

of the nuclear security enterprise by not less than 45 percent 

by 2030’’; 

(2) in paragraph (2)(A)(i)(II), by striking ‘‘$50,000,000’’ and 

inserting ‘‘$75,000,000’’; 

(3) in paragraph (3)— 

(A) in the paragraph heading, by striking ‘‘INITIAL

PLAN’’ and inserting ‘‘PLAN REQUIRED’’; and 

(B) in the matter preceding subparagraph (A)— 

(i) by striking ‘‘2018’’ and inserting ‘‘2022’’; and 

(ii) by striking ‘‘an initial plan’’ and inserting ‘‘a 

plan’’; 

(4) in paragraph (4)— 

(A) by striking ‘‘2024’’ and inserting ‘‘2023’’; and 

(B) by striking ‘‘2025’’ and inserting ‘‘2030’’; and 

(5) by adding at the end the following new paragraphs: 

‘‘(5) ANNUAL REPORTS.—Not later than March 1, 2023, and 

annually thereafter through 2030, the Administrator for 

Nuclear Security shall submit to the congressional defense 

committees a report with respect to whether the updated plan 

under paragraph (3) is being implemented in a manner adequate to achieve the goal specified in paragraph (1).’’. 

SEC. 3117. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 

SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL. 

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 

2701(c)(1)) is amended by striking ‘‘September 30, 2021’’ and 

inserting ‘‘September 30, 2026’’. 

Time period. 


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135 STAT. 2228 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 3118. EXTENSION OF AUTHORITY FOR ACCEPTANCE OF CONTRIBUTIONS FOR ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS, RADIOLOGICAL MATERIALS, 

AND RELATED EQUIPMENT AT VULNERABLE SITES 

WORLDWIDE. 

(a) IN GENERAL.—Section 3132 of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 

2569) is— 

(1) transferred to title XLIII of the Atomic Energy Defense 

Act (50 U.S.C. 2565 et seq.); 

(2) redesignated as section 4306B; 

(3) inserted after section 4306A; and 

(4) amended, in subsection (f)(6), by striking ‘‘December 

31, 2023’’ and inserting ‘‘December 31, 2028’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by inserting after the item 

relating to section 4306A the following new item: 

‘‘Sec. 4306B. Acceleration of removal or security of fissile materials, radiological 

materials, and related equipment at vulnerable sites worldwide.’’. 

SEC. 3119. EXTENSION OF ENHANCED PROCUREMENT AUTHORITY TO 

MANAGE SUPPLY CHAIN RISK. 

Section 4806(g) of the Atomic Energy Defense Act (50 U.S.C. 

2786(g)) is amended by striking ‘‘June 30, 2023’’ and inserting 

‘‘December 31, 2028’’. 

SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT 

OR RETIRE W76–2 WARHEADS. 

(a) PROHIBITION.—Except as provided in subsection (b), none 

of the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2022 for the National Nuclear Security Administration may be obligated or expended to reconvert 

or retire a W76–2 warhead. 

(b) WAIVER.—The Administrator for Nuclear Security may 

waive the prohibition in subsection (a) if the Administrator, in 

consultation with the Secretary of Defense, the Director of National 

Intelligence, and the Chairman of the Joint Chiefs of Staff, certifies 

in writing to the congressional defense committees— 

(1) that Russia and China do not possess naval capabilities 

similar to the W76–2 warhead in the active stockpiles of the 

respective country; or 

(2) that the Department of Defense does not have a valid 

military requirement for the W76–2 warhead. 

SEC. 3121. PORTFOLIO MANAGEMENT FRAMEWORK FOR NATIONAL 

NUCLEAR SECURITY ADMINISTRATION. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Administrator for Nuclear Security 

shall— 

(1) in consultation with the Nuclear Weapons Council 

established under section 179 of title 10, United States Code, 

develop and implement a portfolio management framework for 

the nuclear security enterprise that— 

(A) defines the National Nuclear Security Administration’s portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs; 

Consultation. 

Deadline. 

50 USC 2521 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2229 

(B) establishes a portfolio governance structure, 

including portfolio-level selection criteria, prioritization criteria, and performance metrics; 

(C) outlines the approach of the National Nuclear Security Administration to managing that portfolio; and 

(D) incorporates the leading practices identified by the 

Comptroller General of the United States in the report 

titled ‘‘Nuclear Security Enterprise: NNSA Should Use 

Portfolio Management Leading Practices to Support Modernization Efforts’’ (GAO–21–398) and dated June 2021; 

and 

(2) complete an integrated, comprehensive assessment of 

the portfolio management capabilities required to execute the 

weapons activities portfolio of the National Nuclear Security 

Administration. 

(b) BRIEFING REQUIREMENT.—Not later than June 1, 2022, the 

Administrator shall provide to the congressional defense committees 

a briefing on— 

(1) the progress of the Administrator in developing the 

framework described in paragraph (1) of subsection (a) and 

completing the assessment required by paragraph (2) of that 

subsection; and 

(2) the plans of the Administrator for implementing the 

recommendations of the Comptroller General in the report 

referred to in paragraph (1)(D) of that subsection. 

(c) NUCLEAR SECURITY ENTERPRISE DEFINED.—In this section, 

the term ‘‘nuclear security enterprise’’ has the meaning given that 

term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 

2501). 

Subtitle C—Reports and Other Matters 

SEC. 3131. MODIFICATIONS TO CERTAIN REPORTING REQUIREMENTS. 

(a) NOTIFICATION OF EMPLOYEE PRACTICES AFFECTING

NATIONAL SECURITY.—Section 3245 of the National Nuclear Security Administration Act (50 U.S.C. 2443) is amended by striking 

subsections (a) and (b) and inserting the following new subsections: 

‘‘(a) ANNUAL NOTIFICATION OF SECURITY CLEARANCE REVOCATIONS.—At or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, United States 

Code, the Administrator shall notify the appropriate congressional 

committees of— 

‘‘(1) the number of covered employees whose security clearance was revoked during the year prior to the year in which 

the notification is made; and 

‘‘(2) for each employee counted under paragraph (1), the 

length of time such employee has been employed at the 

Administration, as the case may be, since such revocation. 

‘‘(b) ANNUAL NOTIFICATION OF TERMINATIONS AND REMOVALS.— 

Not later than December 31 of each year, the Administrator shall 

notify the appropriate congressional committees of each instance 

in which the Administrator terminated the employment of a covered 

employee or removed and reassigned a covered employee for cause 

during that year.’’. 

Deadline. 

Deadline. 

Assessment. 


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135 STAT. 2230 PUBLIC LAW 117–81—DEC. 27, 2021 

(b) REPORTS ON CERTAIN TRANSFERS OF CIVIL NUCLEAR TECH- NOLOGY.—Section 3136(a) of the National Defense Authorization 

Act for Fiscal Year 2016 (42 U.S.C. 2077a(a)) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘Not 

less frequently than every 90 days,’’ and inserting ‘‘At the 

same time as the President submits to Congress the annual 

budget request under section 1105 of title 31, United States 

Code, for a fiscal year,’’; 

(2) in paragraph (1), by striking ‘‘the preceding 90 days’’ 

and inserting ‘‘the preceding year’’; and 

(3) in the heading, by striking ‘‘REPORT’’ and inserting 

‘‘ANNUAL REPORTS’’. 

(c) CERTAIN ANNUAL REVIEWS BY NUCLEAR SCIENCE ADVISORY

COMMITTEE.—Section 3173(a)(4)(B) of the National Defense 

Authorization Act for Fiscal Year 2013 (42 U.S.C. 2065(a)(4)(B)) 

is amended by striking ‘‘annual reviews’’ and inserting ‘‘triennial 

reviews’’. 

SEC. 3132. MODIFICATION TO TERMINOLOGY FOR REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE ACTIVITIES. 

Section 4732 of the Atomic Energy Defense Act (50 U.S.C. 

2772) is amended— 

(1) in subsection (b)(2)— 

(A) in subparagraph (G), by striking ‘‘committed’’ and 

inserting ‘‘encumbered’’; 

(B) in subparagraph (H), by striking ‘‘uncommitted’’ 

and inserting ‘‘unencumbered’’; and 

(C) in subparagraph (I), by striking ‘‘uncommitted’’ and 

inserting ‘‘unencumbered’’; and 

(2) in subsection (c)— 

(A) by striking paragraphs (1) and (3); 

(B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (3), respectively; 

(C) in paragraph (1), as redesignated by subparagraph 

(B), by striking ‘‘by the contractor’’ and inserting ‘‘from 

the contractor’’; 

(D) by inserting after paragraph (1), as so redesignated, 

the following new paragraph (2): 

‘‘(2) ENCUMBERED.—The term ‘encumbered’, with respect 

to funds, means the funds have been obligated to a contract 

and are being held for a specific known purpose by the contractor.’’; 

(E) in paragraph (3), as so redesignated, by striking 

‘‘by the contractor’’ and inserting ‘‘from the contractor’’; 

and 

(F) by inserting after paragraph (3), as so redesignated, 

the following new paragraph (4): 

‘‘(4) UNENCUMBERED.—The term ‘unencumbered’, with 

respect to funds, means the funds have been obligated to a 

contract and are not being held for a specific known purpose 

by the contractor.’’. 

SEC. 3133. IMPROVEMENTS TO ANNUAL REPORTS ON CONDITION OF 

THE UNITED STATES NUCLEAR WEAPONS STOCKPILE. 

Section 4205(e)(3) of the Atomic Energy Defense Act (50 U.S.C. 

2525(e)(3)) is amended— 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2231 

(1) in subparagraph (A), by inserting ‘‘, including with 

respect to cyber assurance,’’ after ‘‘methods’’; and 

(2) in subparagraph (B), by inserting ‘‘, and the confidence 

of the head in such tools and methods’’ after ‘‘the assessments’’. 

SEC. 3134. REPORT ON PLANT-DIRECTED RESEARCH AND DEVELOPMENT. 

Section 4812A of the Atomic Energy Defense Act (50 U.S.C. 

2793) is amended— 

(1) by redesignating subsections (b) and (c) as subsections 

(c) and (d), respectively; and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) PLANT-DIRECTED RESEARCH AND DEVELOPMENT.— ‘‘(1) IN GENERAL.—The report required by subsection (a) 

shall include, with respect to plant-directed research and 

development, the following: 

‘‘(A) A financial accounting of expenditures for such 

research and development, disaggregated by nuclear 

weapons production facility. 

‘‘(B) A breakdown of the percentage of research and 

development conducted by each such facility that is plantdirected research and development. 

‘‘(C) An explanation of how each such facility plans 

to increase the availability and utilization of funds for 

plant-directed research and development. 

‘‘(2) PLANT-DIRECTED RESEARCH AND DEVELOPMENT

DEFINED.—In this subsection, the term ‘plant-directed research 

and development’ means research and development selected 

by the director of a nuclear weapons production facility.’’. 

SEC. 3135. REPORTS ON RISKS TO AND GAPS IN INDUSTRIAL BASE 

FOR NUCLEAR WEAPONS COMPONENTS, SUBSYSTEMS, 

AND MATERIALS. 

Section 3113 of the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 

283; 50 U.S.C. 2512 note) is amended by adding at the end the 

following new subsection: 

‘‘(e) REPORTS.—The Administrator, acting through the official 

designated under subsection (a), shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives, 

contemporaneously with each briefing required by subsection (d)(2), 

a report— 

‘‘(1) identifying actual or potential risks to or specific gaps 

in any element of the industrial base that supports the nuclear 

weapons components, subsystems, or materials of the National 

Nuclear Security Administration; 

‘‘(2) describing the actions the Administration is taking 

to further assess, characterize, and prioritize such risks and 

gaps; 

‘‘(3) describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or 

gaps; 

‘‘(4) setting forth the anticipated timelines and resources 

needed for such mitigating actions; and 

‘‘(5) describing the nature of any coordination with or burden sharing by other departments or agencies of the Federal 


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135 STAT. 2232 PUBLIC LAW 117–81—DEC. 27, 2021 

Government or the private sector to address such risks and 

gaps.’’. 

SEC. 3136. TRANSFER OF BUILDING LOCATED AT 4170 ALLIUM COURT, 

SPRINGFIELD, OHIO. 

(a) IN GENERAL.—The National Nuclear Security Administration shall release all of its reversionary rights without reimbursement to the building located at 4170 Allium Court, Springfield, 

Ohio, also known as the Advanced Technical Intelligence Center 

for Human Capital Development, to the Community Improvement 

Corporation of Clark County and the Chamber of Commerce. 

(b) FEE SIMPLE INTEREST.—The fee simple interest in the property, on which the building described in subsection (a) is located, 

shall be transferred from the Advanced Technical Intelligence 

Center for Human Capital Development to the Community Improvement Corporation of Clark County prior to or concurrent with 

the release of the reversionary rights of the National Nuclear Security Administration under subsection (a). 

SEC. 3137. COMPREHENSIVE STRATEGY FOR TREATING, STORING, AND 

DISPOSING OF DEFENSE NUCLEAR WASTE RESULTING 

FROM STOCKPILE MAINTENANCE AND MODERNIZATION 

ACTIVITIES. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of the National Defense Authorization Act for Fiscal 

Year 2022, the Administrator for Nuclear Security shall submit 

to the congressional defense committees and the Comptroller General of the United States a comprehensive strategy for treating, 

storing, and disposing of defense nuclear waste generated as a 

result of stockpile maintenance and modernization activities. 

(b) ELEMENTS.—The strategy required by subsection (a) shall 

include the following: 

(1) A projection of the location, type, and quantity of defense 

nuclear waste the National Nuclear Security Administration 

anticipates generating as a result of stockpile maintenance 

and modernization activities during the periods of five and 

10 fiscal years after the submission of the strategy, with a 

long-term outlook for the period of 25 fiscal years after such 

submission. 

(2) Budgetary estimates associated with the projection 

under paragraph (1) during the period of five fiscal years after 

the submission of the strategy. 

(3) A description of how the National Nuclear Security 

Administration plans to coordinate with the Office of Environmental Management of the Department of Energy to treat, 

store, and dispose of the type and quantity of waste projected 

to be generated under paragraph (1). 

(4) An identification of— 

(A) disposal facilities that could accept that waste; 

(B) disposal facilities that could accept that waste with 

modifications; and 

(C) in the case of facilities described in subparagraph 

(B), the modifications necessary for such facilities to accept 

that waste. 

(c) FOLLOW-ON STRATEGY.—Concurrent with the submission of 

the budget of the President to Congress under section 1105(a) 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2233 

of title 31, United States Code, for fiscal year 2027, the Administrator shall submit to the congressional defense committees a followon strategy to the strategy required by subsection (a) that includes— 

(1) the elements set forth in subsection (b); and 

(2) any other matters that the Administrator considers 

appropriate. 

SEC. 3138. ACQUISITION OF HIGH-PERFORMANCE COMPUTING 

CAPABILITIES BY NATIONAL NUCLEAR SECURITY 

ADMINISTRATION. 

(a) ROADMAP FOR ACQUISITION.— (1) IN GENERAL.—Not later than two years after the date 

of the enactment of this Act, the Administrator for Nuclear 

Security shall submit to the congressional defense committees 

a roadmap for the acquisition by the Administration of highperformance computing capabilities during the 10-year period 

following submission of the roadmap. 

(2) ELEMENTS.—The roadmap required by paragraph (1) 

shall include the following: 

(A) A description of the high-performance computing 

capabilities required to support the mission of the Administration as of the date on which the roadmap is submitted 

under paragraph (1). 

(B) An identification of any existing or anticipated 

gaps in such capabilities. 

(C) A description of the high-performance computing 

capabilities anticipated to be required by the Administration during the 10-year period following submission of the 

roadmap, including computational performance and other 

requirements, as appropriate. 

(D) A description of the strategy of the Administration 

for acquiring such capabilities. 

(E) An assessment of the ability of the industrial base 

to support that strategy. 

(F) Such other matters the Administrator considers 

appropriate. 

(3) CONSULTATION AND CONSIDERATIONS.—In developing 

the roadmap required by paragraph (1), the Administrator 

shall— 

(A) consult with the Secretary of Energy; and 

(B) take into consideration the findings of the review 

of the future of computing beyond exascale computing conducted by the National Academy of Sciences under section 

3172 of the William M. (Mac) Thornberry National Defense 

Authorization Act for Fiscal Year 2021 (Public Law 116– 

283). 

(b) INDEPENDENT ASSESSMENT OF HIGH-PERFORMANCE COMPUTING ACQUISITIONS.— 

(1) IN GENERAL.—The Administrator shall seek to enter 

into an agreement with a federally funded research and 

development center to assess the first acquisition of highperformance computing capabilities by the Administration after 

the date of the enactment of this Act. 

(2) ELEMENTS.—The assessment required by paragraph (1) 

of the acquisition of high-performance computing capabilities 

described in that paragraph shall include an assessment of 

the following: 

Contracts. 

Assessment. 

Time period. 

Deadline. 

Time period. 


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135 STAT. 2234 PUBLIC LAW 117–81—DEC. 27, 2021 

(A) The mission needs of the Administration met by 

the acquisition. 

(B) The evidence used to support the acquisition decision, such as an analysis of alternatives or business case 

analyses. 

(C) Market research performed by the Advanced Simulation and Computing Program related to the acquisition. 

(3) REPORT REQUIRED.— (A) IN GENERAL.—Not later than 90 days after entering 

into the arrangement under paragraph (1), the Administrator shall submit to the congressional defense committees 

a report on the assessment conducted under paragraph 

(1). 

(B) FORM OF REPORT.—The report required by subparagraph (A) shall be submitted in unclassified form but may 

include a classified annex. 

SEC. 3139. STUDY ON THE W80–4 NUCLEAR WARHEAD LIFE EXTENSION 

PROGRAM. 

(a) STUDY.—Not later than 30 days after the date of the enactment of this Act, the Director for Cost Estimation and Program 

Evaluation shall initiate a study on the W80–4 nuclear warhead 

life extension program. 

(b) MATTERS INCLUDED.—The study under subsection (a) shall 

include the following: 

(1) An explanation of any increases in actual or projected 

costs of the W80–4 nuclear warhead life extension program. 

(2) An analysis of projections of total program costs and 

planned program schedules. 

(3) An analysis of the potential impacts on other programs 

as a result of additional funding required to maintain the 

planned program schedule for the W80–4 nuclear warhead 

life extension program, including with respect to— 

(A) other life-extension programs; 

(B) infrastructure programs; and 

(C) research, development, test, and evaluation programs. 

(4) An analysis of the impacts that a delay of the program 

will have on other programs due to— 

(A) technical or management challenges; and 

(B) changes in requirements for the program. 

(c) SUBMISSION.—Not later than 180 days after the date of 

the enactment of this Act, the Director shall submit to the congressional defense committees the study under subsection (a). 

(d) FORM.—The study under subsection (a) shall be in unclassified form, but may include a classified annex. 

SEC. 3140. STUDY ON RUNIT DOME AND RELATED HAZARDS. 

(a) STUDY.—Not later than 60 days after the date of enactment 

of this Act, the Secretary of Energy shall seek to enter into an 

agreement with a federally funded research and development center 

to conduct a study on the impacts of climate change on the ‘‘Runit 

Dome’’ nuclear waste disposal site in Enewetak Atoll, Marshall 

Islands, and on other environmental hazards due to nuclear 

weapons testing in the vicinity thereof. The report shall include 

a scientific analysis of threats to the environment and to the residents of Enewetak Atoll, including— 

(1) the ‘‘Runit Dome’’ nuclear waste disposal site; 

Threat analysis. 

Deadline. 

Contracts. 

Deadline. 

Analysis. 

Deadline. 


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(2) crypts used to contain nuclear waste and other toxins 

on Enewetak Atoll; and 

(3) radionuclides and other toxins present in the lagoon 

of Enewetak Atoll. 

(b) PUBLIC COMMENTS.—In conducting the study under subsection (a), the federally funded research and development center 

shall solicit public comments. 

(c) REPORT.—Not later than 18 months after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study conducted 

under subsection (a). 

SEC. 3141. SENSE OF CONGRESS REGARDING COMPENSATION OF 

INDIVIDUALS RELATING TO URANIUM MINING AND 

NUCLEAR TESTING. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Radiation Exposure Compensation Act (Public Law 

101–426; 42 U.S.C. 2210 note) was enacted in 1990 to provide 

monetary compensation to individuals who contracted certain 

cancers and other serious diseases following their exposure 

to radiation released during atmospheric nuclear weapons 

testing during the Cold War or following exposure to radiation 

as a result of employment in the uranium industry during 

the Cold War. 

(2) The Radiation Exposure Compensation Act expires on 

July 9, 2022. Unless that Act is extended, individuals who 

contract certain cancers and other serious diseases because 

of events described in paragraph (1) may be unable to claim 

compensation for such diseases. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States Government should continue to appropriately 

compensate and recognize the individuals described in subsection 

(a). 

TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board. 

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2022, 

$31,000,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

SEC. 3202. REFERENCES TO CHAIRPERSON AND VICE CHAIRPERSON 

OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD. 

Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 

et seq.) is amended— 

(1) in section 311(c), in the subsection heading, by striking 

‘‘CHAIRMAN, VICE CHAIRMAN’’ and inserting ‘‘CHAIRPERSON, 

VICE CHAIRPERSON’’; and 

(2) by striking ‘‘Chairman’’ each place it appears and 

inserting ‘‘Chairperson’’. 

42 USC 2286, 

2286b. 

42 USC 2286. 


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TITLE XXXIV—NAVAL PETROLEUM 

RESERVES 

Sec. 3401. Authorization of appropriations. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated to the Secretary of Energy $13,650,000 for fiscal year 2022 for 

the purpose of carrying out activities under chapter 869 of title 

10, United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME SECURITY 

Subtitle A—Maritime Administration 

Sec. 3501. Authorization of the Maritime Administration. 

Subtitle B—Other Matters 

Sec. 3511. Effective period for issuance of documentation for recreational vessels. 

Sec. 3512. Committees on maritime matters. 

Sec. 3513. Port Infrastructure Development Program. 

Sec. 3514. Uses of emerging marine technologies and practices. 

Sec. 3515. Prohibition on participation of long term charters in Tanker Security 

Fleet. 

Sec. 3516. Coastwise endorsement. 

Sec. 3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing. Sec. 3518. Authorization to purchase duplicate medals. 

Subtitle A—Maritime Administration 

SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION. 

(a) IN GENERAL.—There are authorized to be appropriated to 

the Department of Transportation for fiscal year 2022 for programs 

associated with maintaining the United States merchant marine, 

the following amounts: 

(1) For expenses necessary for operations of the United States Merchant Marine Academy, $90,532,000, of which— (A) $85,032,000 shall be for Academy operations, which 

may be used to hire personnel pursuant to subsection (d) 

and to implement any recommendations of the Merchant 

Marine Academy Advisory Council established under subsection (c); and (B) $5,500,000 shall remain available until expended 

for capital asset management at the Academy. 

(2) For expenses necessary to support the State maritime academies, $50,780,000, of which— 

(A) $2,400,000 is for the Student Incentive Program; 

(B) $6,000,000 is for direct payments; 

(C) $3,800,000 is for training ship fuel assistance; 

(D) $8,080,000 is for offsetting the costs of training 

ship sharing; and (E) $30,500,000 is for maintenance and repair of State 

maritime academy training vessels. 

(3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $315,600,000. 


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(4) For expenses necessary to support Maritime Administration operations and programs, $60,853,000. 

(5) For expenses necessary to dispose of vessels in the 

National Defense Reserve Fleet, $10,000,000. 

(6) For expenses necessary to maintain and preserve a 

United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 

46, United States Code, $318,000,000. 

(7) For expenses necessary for the loan guarantee program 

authorized under chapter 537 of title 46, United States Code, 

$33,000,000, of which— 

(A) $30,000,000 may be used for the cost (as defined 

in section 502(5) of the Federal Credit Reform Act of 1990 

(2 U.S.C. 661a(5))) of loan guarantees under the program; 

and 

(B) $3,000,000 may be used for administrative expenses 

relating to loan guarantee commitments under the program. 

(8) For expenses necessary to provide for the Tanker Security Fleet, as authorized under chapter 534 of title 46, United 

States Code, $60,000,000. 

(9) For expenses necessary to support maritime environmental and technical assistance activities authorized under 

section 50307 of title 46, United States Code, $10,000,000. 

(10) For expenses necessary to support marine highway 

program activities authorized under chapter 556 of such title, 

$11,000,000. 

(11) For expenses necessary to provide assistance to small 

shipyards and for the maritime training program authorized 

under section 54101 of title 46, United States Code, 

$40,000,000. 

(12) For expenses necessary to implement the Port and 

Intermodal Improvement Program, $750,000,000, to remain 

available until expended, except that no such funds may be 

used to provide a grant to purchase fully automated cargo 

handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or 

control, if the Secretary determines such equipment would 

result in a net loss of jobs within a port of port terminal. 

(b) AVAILABILITY OF AMOUNTS.—The amounts authorized to 

be appropriated under subsection (a) shall remain available as 

follows: 

(1) The amounts authorized to be appropriated under paragraphs (1)(A), (2)(A), and (4)(A) shall remain available until 

September 30, 2022. 

(2) The amounts authorized to be appropriated under paragraphs (1)(B), (2)(B), (D), and (E), (3), (4)(B), (5), (6), (7)(A), 

(8), and (9) shall remain available until expended without fiscal 

year limitation. 

(c) UNITED STATES MERCHANT MARINE ACADEMY ADVISORY

COUNCIL; UNFILLED VACANCIES.— 

(1) IN GENERAL.—Chapter 513 of title 46, United States 

Code, is amended by adding at the end the following new 

sections: 


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‘‘§ 51323. United States Merchant Marine Academy Advisory 

Council 

‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall 

establish an advisory council, to be known as the ‘United States 

Merchant Marine Academy Advisory Council’ (in this section 

referred to as the ‘Council’). 

‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Secretary shall select not fewer 

than 8 and not more than 14 individuals to serve as members 

of the Council. Such individuals shall have such expertise as 

the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy. 

‘‘(2) GOVERNMENTAL EXPERTS.—The number of members 

of the Council who are employees of the Federal Government 

may not exceed the number of members of the Council who 

are not employees of the Federal Government. 

‘‘(3) EMPLOYEE STATUS.—Members of the Council shall not 

be considered employees of the United States Government by 

reason of their membership on the Council for any purpose 

and shall not receive compensation other than reimbursement 

of travel expenses and per diem allowance in accordance with 

section 5703 of title 5. 

‘‘(c) RESPONSIBILITIES.—The Council shall provide advice to the 

Secretary at the time and in the manner requested by the Secretary. 

‘‘(d) PERSONALLY IDENTIFIABLE INFORMATION.—In carrying out 

its responsibilities under this subsection, the Council shall comply 

with the obligations of the Department of Transportation to protect 

personally identifiable information. 

‘‘§ 51324. Unfilled vacancies 

‘‘(a) IN GENERAL.—In the event of an unfilled vacancy for any 

critical position at the United States Merchant Marine Academy, 

the Secretary of Transportation may appoint, without regard to 

the provisions of subchapter I of chapter 33 of title 5, other than 

sections 3303 and 3328 of that title, a qualified candidate for 

the purposes of filling up to 20 of such positions. 

‘‘(b) CRITICAL POSITION DEFINED.—In this section, the term 

‘critical position’ means a position that contributes to the improvement of— 

‘‘(1) the culture or infrastructure of the Academy; 

‘‘(2) student health and well being; 

‘‘(3) Academy governance; or 

‘‘(4) any other priority areas identified by the Council.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new items: 

‘‘51323. United States Merchant Marine Academy Advisory Council. 

‘‘51324. Unfilled vacancies.’’. 

Subtitle B—Other Matters 

SEC. 3511. EFFECTIVE PERIOD FOR ISSUANCE OF DOCUMENTATION 

FOR RECREATIONAL VESSELS. 

Section 12105(e)(2) of title 46, United States Code, is 

amended— 

46 USC 51301 

prec. 

Compliance. 

Determination. 

46 USC 51323. 


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(1) by striking subparagraphs (A) and (B) and inserting 

the following: 

‘‘(A) IN GENERAL.—The owner or operator of a recreational vessel may choose a period of effectiveness of 

between 1 and 5 years for a certificate of documentation 

for a recreational vessel or the renewal thereof.’’; and 

(2) by redesignating subparagraph (C) as subparagraph 

(B). 

SEC. 3512. COMMITTEES ON MARITIME MATTERS. 

(a) IN GENERAL.— (1) Chapter 555 of title 46, United States Code, is redesignated as chapter 504 of such title and transferred to appear 

after chapter 503 of such title. 

(2) Chapter 504 of such title, as redesignated by paragraph 

(1), is amended in the chapter heading by striking ‘‘MISCELLANEOUS’’ and inserting ‘‘COMMITTEES’’. 

(3) Sections 55501 and 55502 of such title are redesignated 

as section 50401 and section 50402, respectively, of such title 

and transferred to appear in chapter 504 of such title (as 

redesignated by paragraph (1)). 

(4) The section heading for section 50401 of such title, 

as redesignated by paragraph (3), is amended to read as follows: 

‘‘UNITED STATES COMMITTEE ON THE MARINE TRANSPORTATION

SYSTEM’’. 

(b) CONFORMING AMENDMENT.—Section 8332(b)(1) of the Elijah 

E. Cummings Coast Guard Authorization Act of 2020 (division 

G of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283)) is amended 

by striking ‘‘section 55502’’ and inserting ‘‘section 50402’’. 

(c) CLERICAL AMENDMENTS.— (1) The analysis for chapter 504 of title 46, United States 

Code, as redesignated by subsection (a)(1), is amended to read 

as follows: 

‘‘CHAPTER 504—COMMITTEES

‘‘Sec. 

‘‘50401. United States Committee on the Marine Transportation System. 

‘‘50402. Maritime Transportation System National Advisory Committee.’’. 

(2) The table of chapters for subtitle V of title 46, United 

States Code, is amended— 

(A) by inserting after the item relating to chapter 

503 the following: ‘‘504. Committees ................................................................................................ 50401’’; and 

(B) by striking the item relating to chapter 555. 

SEC. 3513. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM. 

(a) IN GENERAL.— 

(1) Part C of subtitle V of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘CHAPTER 543—PORT INFRASTRUCTURE 

DEVELOPMENT PROGRAM 

‘‘Sec. 

‘‘54301. Port infrastructure development program. 

46 USC 54301 

prec. 

46 USC 50101 

prec. 

46 USC 50402 

note. 

46 USC 55502 

note. 

46 USC 50401 

prec. 


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135 STAT. 2240 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘§ 54301. Port infrastructure development program’’. 

(2) Subsections (c), (d), and (e) of section 50302 of such 

title are redesignated as subsections (a), (b), and (c) of section 

54301 of such title, respectively, and transferred to appear 

in chapter 543 of such title (as added by paragraph (1)). 

(b) AMENDMENTS TO SECTION 54301.—Section 54301 of such 

title, as redesignated by subsection (a)(2), is amended— 

(1) in subsection (a)— 

(A) in paragraph (2) by striking ‘‘or subsection (d)’’ 

and inserting ‘‘or subsection (b)’’; 

(B) in paragraph (3)(A)(ii)— 

(i) in subclause (II) by striking ‘‘; or’’ and inserting 

a semicolon; 

(ii) by striking subclause (III); and 

(iii) by adding at the end the following: 

‘‘(III) operational improvements, including 

projects to improve port resilience; or 

‘‘(IV) environmental and emission mitigation 

measures; including projects for— 

‘‘(aa) port electrification or electrification 

master planning; 

‘‘(bb) harbor craft or equipment replacements or retrofits; 

‘‘(cc) development of port or terminal 

microgrids; 

‘‘(dd) providing idling reduction infrastructure; 

‘‘(ee) purchase of cargo handling equipment and related infrastructure; 

‘‘(ff) worker training to support electrification technology; 

‘‘(gg) installation of port bunkering facilities from oceangoing vessels for fuels; 

‘‘(hh) electric vehicle charge or hydrogen 

refueling infrastructure for drayage and 

medium or heavy duty trucks and locomotives 

that service the port and related grid 

upgrades; or 

‘‘(ii) other related port activities, including 

charging infrastructure, electric rubber-tired 

gantry cranes, and anti-idling technologies.’’; 

(C) in paragraph (5)— 

(i) in subparagraph (A) by striking ‘‘or subsection 

(d)’’ and inserting ‘‘or subsection (b)’’; and 

(ii) in subparagraph (B) by striking ‘‘subsection 

(d)’’ and inserting ‘‘subsection (b)’’; 

(D) in paragraph (6)(B)— 

(i) in clause (i) by striking ‘‘; and’’ and inserting 

a semicolon; 

(ii) in clause (ii) by striking the period and 

inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iii) a port’s increased resilience as a result of 

the project.’’; 

(E) in paragraph (7)— 

(i) in subparagraph (B)— 

46 USC 54301. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2241 

(I) by striking ‘‘subsection (d)’’ in each place 

it appears and inserting ‘‘subsection (b)’’; and 

(II) by striking ‘‘18 percent’’ and inserting ‘‘25 

percent’’; 

(ii) in subparagraph (C) by striking ‘‘subsection 

(d)(3)(A)(ii)(III)’’ and inserting ‘‘subsection 

(b)(3)(A)(ii)(III)’’; 

(F) in paragraph (8)— 

(i) in subparagraph (A) by striking ‘‘or subsection 

(d)’’ and inserting ‘‘or subsection (b)’’; and 

(ii) in subparagraph (B)— 

(I) in clause (i) by striking ‘‘subsection (d)’’ 

and inserting ‘‘subsection (b)’’; and 

(II) in clause (ii) by striking ‘‘subsection (d)’’ 

and inserting ‘‘subsection (b)’’; 

(G) in paragraph (9) by striking ‘‘subsection (d)’’ and 

inserting ‘‘subsection (b)’’; 

(H) in paragraph (10)— 

(i) in subparagraph (A), by striking ‘‘subsection 

(d)’’ and inserting ‘‘subsection (b)’’; 

(ii) by redesignating subparagraphs (B) and (C) 

as subparagraphs (C) and (D), respectively; and 

(iii) by inserting after subparagraph (A) the following new subparagraph (B): 

‘‘(B) EFFICIENT USE OF NON-FEDERAL FUNDS.— 

‘‘(i) IN GENERAL.—Notwithstanding any other 

provision of law ans subject to approval by the Secretary, in the case of any grant for a project under 

this section, during the period beginning on the date 

on which the grant recipient is selected and ending 

on the date on which the grant agreement is signed— 

‘‘(I) the grant recipient may obligate and 

expend non-Federal funds with respect to the 

project for which the grant is provided; and 

‘‘(II) any non-Federal funds obligated or 

expended in accordance with subclause (I) shall 

be credited toward the non-Federal cost share for 

the project for which the grant is provided. 

‘‘(ii) REQUIREMENTS.— 

‘‘(I) APPLICATION.—In order to obligate and 

expend non-Federal funds under clause (i), the 

grant recipient shall submit to the Secretary a 

request to obligate and expend non- Federal funds 

under that clause, including— 

‘‘(aa) a description of the activities the 

grant recipient intends to fund; 

‘‘(bb) a justification for advancing the 

activities described in item (aa), including an 

assessment of the effects to the project scope, 

schedule, and budget if the request is not 

approved; and 

‘‘(cc) the level of risk of the activities 

described in item (aa). 

‘‘(II) APPROVAL.—The Secretary shall approve 

or disapprove each request submitted under subclause (I). 


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135 STAT. 2242 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(III) COMPLIANCE WITH APPLICABLE REQUIREMENTS.—Any obligation or expenditure of non-Federal funds under clause (i) shall be in compliance 

with all applicable requirements, including any 

requirements included in the grant agreement. 

‘‘(iii) EFFECT.—The obligation or expenditure of 

any non-Federal funds in accordance with this subparagraph shall not— 

‘‘(I) affect the signing of a grant agreement 

or other applicable grant procedures with respect 

to the applicable grant; 

‘‘(II) create an obligation on the part of the 

Federal Government to repay any non-Federal 

funds if the grant agreement is not signed; or 

‘‘(III) affect the ability of the recipient of the 

grant to obligate or expend non-Federal funds to 

meet the non-Federal cost share for the project 

for which the grant is provided after the period 

described in clause (i).’’; and 

(I) in paragraph (12)— 

(i) by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (b)’’; and 

(ii) by adding at the end the following: 

‘‘(D) RESILIENCE.—The term ‘resilience’ means the 

ability to anticipate, prepare for, adapt to, withstand, 

respond to, and recover from operational disruptions and 

sustain critical operations at ports, including disruptions 

caused by natural or manmade hazards, such as sea level 

rise, flooding, earthquakes, hurricanes, tsunami inundation 

or other extreme weather events.’’; 

(2) in subsection (b)— 

(A) in the subsection heading by striking ‘‘INLAND’’ 

and inserting ‘‘INLAND RIVER’’; 

(B) in paragraph (1) by striking ‘‘subsection (c)(7)(B)’’ 

and inserting ‘‘subsection (a)(7)(B)’’; 

(C) in paragraph (3)(A)(ii)(III) by striking ‘‘subsection 

(c)(3)(B)’’ and inserting ‘‘subsection (a)(3)(B)’’; and 

(D) in paragraph (5)(A) by striking ‘‘subsection 

(c)(8)(B)’’ and inserting ‘‘subsection (a)(8)(B)’’; and 

(3) in subsection (c)— 

(A) by striking ‘‘subsection (c) or subsection (d)’’ and 

inserting ‘‘subsection (a) or subsection (b)’’; and 

(B) by striking ‘‘subsection (c)(2)’’ and inserting ‘‘subsection (a)(2)’’. 

(c) GRANTS FOR EMISSION MITIGATION MEASURES.—For fiscal 

year 2022, the Secretary may make grants under section 54301(a) 

of title 46, United States Code, as redesignated by subsection (a)(2) 

and amended by subsection (b), to provide for emission mitigation 

measures that provide for the use of shore power for vessels to 

which sections 3507 and 3508 of such title apply, if such grants 

meet the other requirements set out in such section 54301(a). 

(d) CLERICAL AMENDMENTS.—The table of chapters for subtitle 

V of title 46, United States Code, as amended by this title, is 

further amended by inserting after the item relating to chapter 

541 the following: 

‘‘543. Port Infrastructure Development Program ......................................54301’’. 

46 USC 50101 

prec. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2243 

SEC. 3514. USES OF EMERGING MARINE TECHNOLOGIES AND PRACTICES. 

Section 50307 of title 46, United States Code, is amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) USES.—The results of activities conducted under subsection 

(b)(1) shall be used to inform— 

‘‘(1) the policy decisions of the United States related to 

domestic regulations; and 

‘‘(2) the position of the United States on matters before 

the International Maritime Organization.’’. 

SEC. 3515. PROHIBITION ON PARTICIPATION OF LONG TERM CHARTERS IN TANKER SECURITY FLEET. 

(a) DEFINITION OF LONG TERM CHARTER.—Section 53401 of 

title 46, United States Code, is amended by adding at the end 

the following new paragraph: 

‘‘(8) LONG TERM CHARTER.—The term ‘long term charter’ 

means any time charter of a product tank vessel to the United 

States Government that, together with options, occurs for a 

continuous period of more than 180 days.’’. 

(b) PARTICIPATION OF LONG TERM CHARTERS IN TANKER SECU- RITY FLEET.—Section 53404(b) of such title is amended— 

(1) by striking ‘‘The program participant of a’’ and inserting 

‘‘Any’’; 

(2) by inserting ‘‘long term’’ before ‘‘charter’’; 

(3) by inserting ‘‘not’’ before ‘‘eligible’’; and 

(4) by striking ‘‘receive payments pursuant to any operating 

agreement that covers such vessel’’ and inserting ‘‘participate 

in the Fleet’’. 

SEC. 3516. COASTWISE ENDORSEMENT. 

Notwithstanding section 12112 of title 46, United States Code, 

the Secretary of the department in which the Coast Guard is 

operating may issue a certificate of documentation with a coastwise 

endorsement for the vessel WIDGEON (United States official 

number 1299656). 

SEC. 3517. REPORT ON EFFORTS OF COMBATANT COMMANDS TO COMBAT THREATS POSED BY ILLEGAL, UNREPORTED, AND 

UNREGULATED FISHING. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of the Navy, in consultation with the Director of the Office of Naval Research, the cochairs of the collaborative interagency working group on maritime 

security and IUU fishing established under section 3551 of the 

Maritime Security and Fisheries Enforcement Act (16 U.S.C. 8031), 

and the heads of other relevant agencies, as determined by the 

Secretary, shall submit to the appropriate congressional committees 

a report on the combatant commands’ maritime domain awareness 

efforts to combat the threats posed by illegal, unreported, and 

unregulated fishing. 

(b) CONTENTS OF REPORT.—The report required by subsection 

(a) shall include a detailed summary of each of the following for 

each combatant command: 

(1) The activities undertaken to date to combat the threats 

posed by illegal, unreported, and unregulated fishing in the 

Summary. 

Consultation. 

Determination. 


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135 STAT. 2244 PUBLIC LAW 117–81—DEC. 27, 2021 

geographic area of the combatant command, including the steps 

taken to build partner capacity to combat such threats. 

(2) Coordination with the Armed Forces of the United 

States, partner nations, and public-private partnerships to combat such threats. 

(3) Efforts undertaken to support unclassified data integration, analysis, and delivery with regional partners to combat 

such threats. 

(4) Information sharing and coordination with efforts of 

the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the 

Maritime Security and Fisheries Enforcement Act (16 U.S.C. 

8031). 

(5) Best practices and lessons learned from existing and 

previous efforts relating to such threats, including strategies 

for coordination and success in public-private partnerships. 

(6) Limitations related to affordability, resource constraints, or other gaps or factors that affect the success or 

expansion of efforts related to such threats. 

(7) Any new authorities needed to support efforts to combat 

such threats. 

(c) FORM OF REPORT.—The report required by subsection (a) 

shall be submitted in unclassified form, but may include a classified 

annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services, the Committee on 

Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on Appropriations of the 

Senate; and 

(2) the Committee on Armed Services, the Committee on 

Natural Resources, the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 

SEC. 3518. AUTHORIZATION TO PURCHASE DUPLICATE MEDALS. 

(a) IN GENERAL.—The Secretary of Transportation, acting 

through the Administrator of the Maritime Administration, may 

use funds appropriated for the fiscal year in which the date of 

the enactment of this Act occurs, or funds appropriated for any 

prior fiscal year, for the Maritime Administration to purchase duplicate medals authorized under the Merchant Mariners of World 

War II Congressional Gold Medal Act of 2020 (Public Law 116– 

125) and provide such medals to eligible individuals who engaged 

in qualified service who submit an application under subsection 

(b) and were United States merchant mariners of World War II. 

(b) APPLICATION.—To be eligible to receive a medal described 

in subsection (a), an eligible individual who engaged in qualified 

service shall submit to the Administrator an application containing 

such information and assurances as the Administrator may require. 

(c) ELIGIBLE INDIVIDUAL WHO ENGAGED IN QUALIFIED

SERVICE.—In this section, the term ‘‘eligible individual who engaged 

in qualified service’’ means an individual who, between December 

7, 1941, and December 31, 1946— 

(1) was a member of the United States merchant marine, 

including the Army Transport Service and the Navy Transport 

Service, serving as a crewmember of a vessel that was— 

Definition. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2245 

(A) operated by the War Shipping Administration, the 

Office of Defense Transportation, or an agent of such 

departments; 

(B) operated in waters other than inland waters, the 

Great Lakes, and other lakes, bays, or harbors of the United 

States; 

(C) under contract or charter to, or property of, the 

Government of the United States; and 

(D) serving in the Armed Forces; and 

(2) while so serving, was licensed or otherwise documented 

for service as a crewmember of such a vessel by an officer 

or employee of the United States authorized to license or document the person for such service. 

DIVISION D—FUNDING TABLES 

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. 

(a) IN GENERAL.—Whenever a funding table in this division 

specifies a dollar amount authorized for a project, program, or 

activity, the obligation and expenditure of the specified dollar 

amount for the project, program, or activity is hereby authorized, 

subject to the availability of appropriations. 

(b) MERIT-BASED DECISIONS.— 

(1) IN GENERAL.—A decision to commit, obligate, or expend 

funds with or to a specific entity on the basis of a dollar 

amount authorized pursuant to subsection (a) shall— 

(A) except as provided in paragraph (2), be based on 

merit-based selection procedures in accordance with the 

requirements of sections 2304(k) and 2374 of title 10, 

United States Code, or on competitive procedures; and 

(B) comply with other applicable provisions of law. 

(2) EXCEPTION.—Paragraph (1)(A) does not apply to a decision to commit, obligate, or expend funds on the basis of a 

dollar amount authorized pursuant to subsection (a) if the 

project, program, or activity involved— 

(A) is listed in section 4201; and 

(B) is identified as Community Project Funding 

through the inclusion of the abbreviation ‘‘CPF’’ immediately before the name of the project, program, or activity. 

(c) RELATIONSHIP TO TRANSFER AND PROGRAMMING

AUTHORITY.—An amount specified in the funding tables in this 

division may be transferred or reprogrammed under a transfer 

or reprogramming authority provided by another provision of this 

Act or by other law. The transfer or reprogramming of an amount 

specified in such funding tables shall not count against a ceiling 

on such transfers or reprogrammings under section 1001 of this 

Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. 

(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies 

to any classified annex that accompanies this Act. 

(e) ORAL AND WRITTEN COMMUNICATIONS.—No oral or written 

communication concerning any amount specified in the funding 

tables in this division shall supersede the requirements of this 

section. 

Compliance. 


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135 STAT. 2246 PUBLIC LAW 117–81—DEC. 27, 2021 

TITLE XLI—PROCUREMENT 

SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

001 UTILITY F/W AIRCRAFT ................................................................. 20,000 

Program increase—fixed wing avionics upgrade ............................. [20,000 ] 

004 SMALL UNMANNED AIRCRAFT SYSTEM ................................... 16,005 16,005 

ROTARY 

007 AH–64 APACHE BLOCK IIIA REMAN ........................................... 504,136 494,136 

Unit cost growth ................................................................................. [–10,000 ] 

008 AH–64 APACHE BLOCK IIIA REMAN ........................................... 192,230 192,230 

010 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 630,263 841,763 

UH–60 Black Hawk for Army Guard ................................................ [211,500 ] 

011 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 146,068 146,068 

012 UH–60 BLACK HAWK L AND V MODELS .................................... 166,205 166,205 

013 CH–47 HELICOPTER ........................................................................ 145,218 397,218 

Army UFR—Support minimum sustainment rate ........................... [252,000 ] 

014 CH–47 HELICOPTER AP .................................................................. 18,559 47,559 

Program increase—F Block II ........................................................... [29,000 ] 

MODIFICATION OF AIRCRAFT 

017 GRAY EAGLE MODS2 ...................................................................... 3,143 33,143 

Program increase—recapitalization of legacy MQ–1C to extended 

range MDO configuration.

[30,000 ] 

018 MULTI SENSOR ABN RECON ........................................................ 127,665 122,910 

Unjustified cost—spares ..................................................................... [–4,755 ] 

019 AH–64 MODS ..................................................................................... 118,560 118,560 

020 CH–47 CARGO HELICOPTER MODS (MYP) ................................. 9,918 11,918 

Program increase—improved vibration control ................................ [2,000 ] 

021 GRCS SEMA MODS ........................................................................... 2,762 2,762 

022 ARL SEMA MODS ............................................................................. 9,437 9,437 

023 EMARSS SEMA MODS ..................................................................... 1,568 1,568 

024 UTILITY/CARGO AIRPLANE MODS .............................................. 8,530 8,530 

025 UTILITY HELICOPTER MODS ....................................................... 15,826 40,826 

UH–72 modernization ........................................................................ [25,000 ] 

026 NETWORK AND MISSION PLAN ................................................... 29,206 29,206 

027 COMMS, NAV SURVEILLANCE ...................................................... 58,117 58,117 

029 AVIATION ASSURED PNT .............................................................. 47,028 45,862 

Excess to need ..................................................................................... [–1,166 ] 

030 GATM ROLLUP .................................................................................. 16,776 16,776 

032 UAS MODS ......................................................................................... 3,840 3,840 

GROUND SUPPORT AVIONICS 

033 AIRCRAFT SURVIVABILITY EQUIPMENT .................................. 64,561 64,561 

034 SURVIVABILITY CM ........................................................................ 5,104 5,104 

035 CMWS .................................................................................................. 148,570 148,570 

036 COMMON INFRARED COUNTERMEASURES (CIRCM) ............. 240,412 238,012 

Training support cost growth ............................................................ [–2,400 ] 

OTHER SUPPORT 

038 COMMON GROUND EQUIPMENT ................................................. 13,561 13,561 

039 AIRCREW INTEGRATED SYSTEMS .............................................. 41,425 41,425 

040 AIR TRAFFIC CONTROL ................................................................. 21,759 21,759 

TOTAL AIRCRAFT PROCUREMENT, ARMY ........................... 2,806,452 3,357,631 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

002 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN .......... 35,473 35,473 

003 M-SHORAD—PROCUREMENT ....................................................... 331,575 331,575 

004 MSE MISSILE .................................................................................... 776,696 776,696 

005 PRECISION STRIKE MISSILE (PRSM) .......................................... 166,130 166,130 

006 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I ............... 25,253 20,253 

Maintain level of effort ....................................................................... [–5,000 ] 

AIR-TO-SURFACE MISSILE SYSTEM 

007 HELLFIRE SYS SUMMARY ............................................................. 118,800 115,800 

Unit cost growth ................................................................................. [–3,000 ] 

008 JOINT AIR-TO-GROUND MSLS (JAGM) ........................................ 152,177 214,177 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2247 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

Army UFR—Additional JAGM procurement ................................... [67,000 ] 

Unit cost growth ................................................................................. [–5,000 ] 

009 LONG RANGE PRECISION MUNITION ........................................ 44,744 44,744 

ANTI-TANK/ASSAULT MISSILE SYS 

010 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 120,842 125,842 

Army UFR—Light Weight Command Launch Units ....................... [5,000 ] 

011 TOW 2 SYSTEM SUMMARY ............................................................ 104,412 102,412 

Excess to need ..................................................................................... [–2,000 ] 

012 GUIDED MLRS ROCKET (GMLRS) ................................................ 935,917 968,262 

Army UFR—Restores GMLRS procurement .................................... [50,000 ] 

Tooling request previously funded .................................................... [–17,655 ] 

013 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .......... 29,574 29,574 

014 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ..... 128,438 128,438 

016 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ..... 68,278 68,278 

MODIFICATIONS 

017 PATRIOT MODS ................................................................................ 205,469 205,469 

021 AVENGER MODS .............................................................................. 11,227 11,227 

022 ITAS/TOW MODS ............................................................................... 4,561 4,561 

023 MLRS MODS ...................................................................................... 273,856 273,856 

024 HIMARS MODIFICATIONS .............................................................. 7,192 7,192 

SPARES AND REPAIR PARTS 

025 SPARES AND REPAIR PARTS ........................................................ 5,019 5,019 

SUPPORT EQUIPMENT & FACILITIES 

026 AIR DEFENSE TARGETS ................................................................. 10,618 10,618 

TOTAL MISSILE PROCUREMENT, ARMY ............................... 3,556,251 3,645,596 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

001 ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................ 104,727 104,727 

002 ASSAULT BREACHER VEHICLE (ABV) ........................................ 16,454 16,454 

003 MOBILE PROTECTED FIREPOWER .............................................. 286,977 286,977 

MODIFICATION OF TRACKED COMBAT VEHICLES 

005 STRYKER UPGRADE ........................................................................ 1,005,028 1,120,028 

Excess growth ..................................................................................... [–24,000 ] 

Program increase ................................................................................ [139,000 ] 

006 BRADLEY PROGRAM (MOD) .......................................................... 461,385 538,354 

Army UFR—Improved Bradley Acquisition System upgrade ......... [56,969 ] 

Program increase ................................................................................ [20,000 ] 

007 M109 FOV MODIFICATIONS ........................................................... 2,534 2,534 

008 PALADIN INTEGRATED MANAGEMENT (PIM) .......................... 446,430 673,430 

Army UFR—PIM increase ................................................................. [227,000 ] 

009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ........... 52,059 52,059 

010 ASSAULT BRIDGE (MOD) ............................................................... 2,136 2,136 

013 JOINT ASSAULT BRIDGE ............................................................... 110,773 110,773 

015 ABRAMS UPGRADE PROGRAM ..................................................... 981,337 1,350,337 

Army UFR—Abrams ARNG M1A2SEPv3 fielding .......................... [369,000 ] 

016 VEHICLE PROTECTION SYSTEMS (VPS) .................................... 80,286 80,286 

WEAPONS & OTHER COMBAT VEHICLES 

018 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ... 31,623 31,623 

019 MORTAR SYSTEMS .......................................................................... 37,485 50,338 

Army UFR—120mm mortar cannon ................................................. [12,853 ] 

020 XM320 GRENADE LAUNCHER MODULE (GLM) ........................ 8,666 8,666 

021 PRECISION SNIPER RIFLE ............................................................ 11,040 10,040 

Unit cost growth ................................................................................. [–1,000 ] 

023 CARBINE ............................................................................................ 4,434 4,434 

024 NEXT GENERATION SQUAD WEAPON ....................................... 97,087 97,087 

026 HANDGUN .......................................................................................... 4,930 4,930 

MOD OF WEAPONS AND OTHER COMBAT VEH 

027 MK–19 GRENADE MACHINE GUN MODS ................................... 13,027 13,027 

028 M777 MODS ........................................................................................ 21,976 23,771 

Army UFR—Software Defined Radio-Hardware Integration Kits [1,795 ] 

030 M2 50 CAL MACHINE GUN MODS ................................................ 3,612 21,527 

Army UFR—Additional M2A1s for MATVs ..................................... [17,915 ] 

SUPPORT EQUIPMENT & FACILITIES 

036 ITEMS LESS THAN $5.0M (WOCV-WTCV) ................................... 1,068 1,068 

037 PRODUCTION BASE SUPPORT (WOCV-WTCV) .......................... 90,819 90,819 

TOTAL PROCUREMENT OF W&TCV, ARMY .......................... 3,875,893 4,695,425 


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135 STAT. 2248 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ............................................................... 47,490 79,890 

Army UFR—Enhanced Performance Round and Tracer ................. [32,400 ] 

002 CTG, 7.62MM, ALL TYPES ............................................................... 74,870 101,926 

Program increase ................................................................................ [28,473 ] 

Unit cost growth ................................................................................. [–1,417 ] 

003 NEXT GENERATION SQUAD WEAPON AMMUNITION ............ 76,794 76,794 

004 CTG, HANDGUN, ALL TYPES ......................................................... 7,812 7,812 

005 CTG, .50 CAL, ALL TYPES ............................................................... 29,716 58,116 

Program increase ................................................................................ [28,400 ] 

006 CTG, 20MM, ALL TYPES .................................................................. 4,371 4,371 

008 CTG, 30MM, ALL TYPES .................................................................. 34,511 34,511 

009 CTG, 40MM, ALL TYPES .................................................................. 35,231 46,731 

Army UFR—MK19 training and war reserves ................................ [14,000 ] 

BA54 and BA55 uncertainty .............................................................. [–2,500 ] 

MORTAR AMMUNITION 

010 60MM MORTAR, ALL TYPES .......................................................... 23,219 23,219 

011 81MM MORTAR, ALL TYPES .......................................................... 52,135 52,135 

012 120MM MORTAR, ALL TYPES ........................................................ 104,144 98,944 

Unit cost growth ................................................................................. [–5,200 ] 

TANK AMMUNITION 

013 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......... 224,503 217,603 

Unit cost growth ................................................................................. [–6,900 ] 

ARTILLERY AMMUNITION 

014 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........ 26,709 57,553 

Army UPL ........................................................................................... [30,844 ] 

015 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 174,015 174,715 

Army UFR—Additional inventory ..................................................... [5,000 ] 

Unit cost growth ................................................................................. [–4,300 ] 

016 PROJ 155MM EXTENDED RANGE M982 ...................................... 73,498 61,498 

Unit cost growth ................................................................................. [–12,000 ] 

017 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 150,873 143,373 

Unit cost growth ................................................................................. [–7,500 ] 

MINES 

018 MINES & CLEARING CHARGES, ALL TYPES ............................. 25,980 20,980 

Excess to need ..................................................................................... [–5,000 ] 

019 CLOSE TERRAIN SHAPING OBSTACLE ...................................... 34,761 34,761 

ROCKETS 

020 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 24,408 22,408 

Excess to need ..................................................................................... [–2,000 ] 

021 ROCKET, HYDRA 70, ALL TYPES .................................................. 109,536 117,536 

Program increase ................................................................................ [8,000 ] 

OTHER AMMUNITION 

022 CAD/PAD, ALL TYPES ...................................................................... 6,549 6,549 

023 DEMOLITION MUNITIONS, ALL TYPES ...................................... 27,904 27,904 

024 GRENADES, ALL TYPES ................................................................. 37,437 37,437 

025 SIGNALS, ALL TYPES ...................................................................... 7,530 7,530 

026 SIMULATORS, ALL TYPES ............................................................. 8,350 8,350 

027 REACTIVE ARMOR TILES ............................................................... 17,755 17,755 

MISCELLANEOUS 

028 AMMO COMPONENTS, ALL TYPES .............................................. 2,784 2,784 

029 ITEMS LESS THAN $5 MILLION (AMMO) ................................... 17,797 17,797 

030 AMMUNITION PECULIAR EQUIPMENT ...................................... 12,290 12,290 

031 FIRST DESTINATION TRANSPORTATION (AMMO) .................. 4,331 4,331 

032 CLOSEOUT LIABILITIES ................................................................ 99 99 

PRODUCTION BASE SUPPORT 

034 INDUSTRIAL FACILITIES ............................................................... 538,120 642,620 

Army UFR—Demolition of Legacy Nitrate Esters (Nitroglycerin) 

NG1 Facility, Radford Army Ammunition Plant (RFAAP), Virginia.

[40,000 ] 

Army UFR—Environmental, Safety, Construction, Maintenance 

and Repair of GOCO Facilities in VA, TN, MO, PA, & IA.

[40,000 ] 

Army UFR—Pyrotechnics Energetic Capability (PEC) construction at Lake City Army Ammunition Plant (LCAAP), Missouri.[12,000 ] 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2249 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

Army UFR—Solvent Propellant Facility, Preliminary Design, 

Radford Army Ammunition Plant, Virginia.

[12,500 ] 

035 CONVENTIONAL MUNITIONS DEMILITARIZATION ................ 139,410 232,410 

Program increase ................................................................................ [93,000 ] 

036 ARMS INITIATIVE ............................................................................ 3,178 3,178 

TOTAL PROCUREMENT OF AMMUNITION, ARMY ............. 2,158,110 2,455,910 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

002 SEMITRAILERS, FLATBED: ............................................................ 12,539 18,931 

Army UFR—M872 semitrailer .......................................................... [6,392 ] 

003 SEMITRAILERS, TANKERS ............................................................ 17,985 17,985 

004 HI MOB MULTI-PURP WHLD VEH (HMMWV) ............................ 60,706 60,706 

005 GROUND MOBILITY VEHICLES (GMV) ....................................... 29,807 37,307 

Program increase—infantry squad vehicle ....................................... [7,500 ] 

008 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL ........ 574,562 605,562 

Army UFR—Additional JLTV fielding .............................................. [120,000 ] 

Early to need ....................................................................................... [–89,000 ] 

009 TRUCK, DUMP, 20T (CCE) .............................................................. 9,882 19,632 

Program increase ................................................................................ [9,750 ] 

010 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 36,885 61,885 

Program increase ................................................................................ [25,000 ] 

011 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE ........... 16,450 16,450 

012 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............ 26,256 26,256 

013 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 64,282 64,282 

014 PLS ESP .............................................................................................. 16,943 16,943 

015 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........ 109,000 

Program increase ................................................................................ [109,000 ] 

017 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 17,957 17,957 

018 MODIFICATION OF IN SVC EQUIP .............................................. 29,349 212,650 

HMMWV modifications ...................................................................... [183,301 ] 

NON-TACTICAL VEHICLES 

020 PASSENGER CARRYING VEHICLES ............................................ 1,232 1,232 

021 NONTACTICAL VEHICLES, OTHER ............................................. 24,246 19,246 

Excess carryover ................................................................................. [–5,000 ] 

COMM—JOINT COMMUNICATIONS 

022 SIGNAL MODERNIZATION PROGRAM ........................................ 140,036 142,536 

Army UFR—Multi-Domain Task Force All-Domain Operations 

Center cloud pilot.

[2,500 ] 

023 TACTICAL NETWORK TECHNOLOGY MOD IN SVC ................. 436,524 429,024 

Excess to need ..................................................................................... [–7,500 ] 

025 DISASTER INCIDENT RESPONSE COMMS TERMINAL ........... 3,863 3,863 

026 JCSE EQUIPMENT (USRDECOM) .................................................. 4,845 4,845 

COMM—SATELLITE COMMUNICATIONS 

029 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ....... 97,369 97,369 

030 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS.120,550 120,550 

031 SHF TERM .......................................................................................... 38,129 38,129 

032 ASSURED POSITIONING, NAVIGATION AND TIMING ............. 115,291 112,791 

Excess to need ..................................................................................... [–2,500 ] 

033 SMART-T (SPACE) ............................................................................. 15,407 15,407 

034 GLOBAL BRDCST SVC—GBS .......................................................... 2,763 2,763 

COMM—C3 SYSTEM 

037 COE TACTICAL SERVER INFRASTRUCTURE (TSI) ................... 99,858 99,858 

COMM—COMBAT COMMUNICATIONS 

038 HANDHELD MANPACK SMALL FORM FIT (HMS) .................... 775,069 730,069 

Cost deviation ..................................................................................... [–5,000 ] 

Single channel data radio program decrease ................................... [–35,000 ] 

Support cost excess to need ............................................................... [–5,000 ] 

040 ARMY LINK 16 SYSTEMS ............................................................... 17,749 17,749 

042 UNIFIED COMMAND SUITE .......................................................... 17,984 17,984 

043 COTS COMMUNICATIONS EQUIPMENT ..................................... 191,702 185,702 

Unit cost growth ................................................................................. [–6,000 ] 

044 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ..... 15,957 15,957 

045 ARMY COMMUNICATIONS & ELECTRONICS ............................ 89,441 79,441 

Insufficient justification ..................................................................... [–10,000 ] 

COMM—INTELLIGENCE COMM 


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135 STAT. 2250 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

047 CI AUTOMATION ARCHITECTURE-INTEL ................................. 13,317 13,317 

048 DEFENSE MILITARY DECEPTION INITIATIVE ......................... 5,207 5,207 

049 MULTI-DOMAIN INTELLIGENCE ................................................. 20,095 20,095 

INFORMATION SECURITY 

051 INFORMATION SYSTEM SECURITY PROGRAM-ISSP .............. 987 987 

052 COMMUNICATIONS SECURITY (COMSEC) ................................ 126,273 126,273 

053 DEFENSIVE CYBER OPERATIONS ............................................... 27,389 31,489 

Army UFR—Cybersecurity / IT Network Mapping ......................... [4,100 ] 

056 SIO CAPABILITY ............................................................................... 21,303 21,303 

057 BIOMETRIC ENABLING CAPABILITY (BEC) .............................. 914 914 

COMM—LONG HAUL COMMUNICATIONS 

059 BASE SUPPORT COMMUNICATIONS ........................................... 9,209 24,209 

Land mobile radios ............................................................................. [15,000 ] 

COMM—BASE COMMUNICATIONS 

060 INFORMATION SYSTEMS ............................................................... 219,026 219,026 

061 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,875 4,875 

064 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ... 223,001 225,041 

EUCOM UFR—Mission Partner Environment ................................ [2,040 ] 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

067 JTT/CIBS-M ........................................................................................ 5,463 5,463 

068 TERRESTRIAL LAYER SYSTEMS (TLS) ....................................... 39,240 39,240 

070 DCGS-A-INTEL .................................................................................. 92,613 119,563 

Army UFR—Additional fixed node cloud servers ............................ [26,950 ] 

071 JOINT TACTICAL GROUND STATION (JTAGS)-INTEL ............. 8,088 8,088 

072 TROJAN .............................................................................................. 30,828 30,828 

073 MOD OF IN-SVC EQUIP (INTEL SPT) ........................................... 39,039 39,039 

074 BIOMETRIC TACTICAL COLLECTION DEVICES ....................... 11,097 11,097 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

076 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ................ 783 783 

077 AIR VIGILANCE (AV) ....................................................................... 13,486 13,486 

079 FAMILY OF PERSISTENT SURVEILLANCE CAP. ...................... 14,414 14,414 

080 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 19,111 19,111 

081 CI MODERNIZATION ....................................................................... 421 421 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

082 SENTINEL MODS ............................................................................. 47,642 47,642 

083 NIGHT VISION DEVICES ................................................................ 1,092,341 828,875 

IVAS ahead of need ............................................................................ [–213,466 ] 

Transfer to RDTE, Army line 98 ....................................................... [–50,000 ] 

084 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............. 21,103 21,103 

085 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............. 6,153 6,153 

086 FAMILY OF WEAPON SIGHTS (FWS) ........................................... 184,145 184,145 

087 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ... 2,371 2,371 

088 FORWARD LOOKING INFRARED (IFLIR) .................................... 11,929 11,929 

089 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) .. 60,058 60,058 

090 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..................... 263,661 259,661 

Unit cost growth ................................................................................. [–4,000 ] 

091 JOINT EFFECTS TARGETING SYSTEM (JETS) .......................... 62,082 62,082 

093 COMPUTER BALLISTICS: LHMBC XM32 ..................................... 2,811 2,811 

094 MORTAR FIRE CONTROL SYSTEM .............................................. 17,236 17,236 

095 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS ............ 2,830 2,830 

096 COUNTERFIRE RADARS ................................................................. 31,694 26,694 

Excess to need ..................................................................................... [–5,000 ] 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

097 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ... 49,410 49,410 

098 FIRE SUPPORT C2 FAMILY ............................................................ 9,853 9,853 

099 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................ 67,193 67,193 

100 IAMD BATTLE COMMAND SYSTEM ............................................. 301,872 291,872 

Excess costs previously funded .......................................................... [–10,000 ] 

101 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................ 5,182 5,182 

102 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 31,349 31,349 

104 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ........... 11,271 11,271 

105 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPSA).16,077 16,077 

107 MOD OF IN-SVC EQUIPMENT (ENFIRE) ..................................... 3,160 9,160 

Program increase—land surveying systems ..................................... [6,000 ] 

ELECT EQUIP—AUTOMATION 

108 ARMY TRAINING MODERNIZATION ............................................ 9,833 9,833 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2251 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

109 AUTOMATED DATA PROCESSING EQUIP .................................. 130,924 133,924 

Army UFR—ATRRS unlimited data rights ...................................... [3,000 ] 

110 ACCESSIONS INFORMATION ENVIRONMENT (AIE) ............... 44,635 39,635 

Program decrease ............................................................................... [–5,000 ] 

111 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM .... 1,452 1,452 

112 HIGH PERF COMPUTING MOD PGM (HPCMP) .......................... 69,943 69,943 

113 CONTRACT WRITING SYSTEM ...................................................... 16,957 16,957 

114 CSS COMMUNICATIONS ................................................................. 73,110 73,110 

115 RESERVE COMPONENT AUTOMATION SYS (RCAS) ................ 12,905 12,905 

ELECT EQUIP—SUPPORT 

117 BCT EMERGING TECHNOLOGIES ................................................ 13,835 13,835 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................ 18,304 18,304 

CHEMICAL DEFENSIVE EQUIPMENT 

119 BASE DEFENSE SYSTEMS (BDS) .................................................. 62,295 62,295 

120 CBRN DEFENSE ............................................................................... 55,632 55,632 

BRIDGING EQUIPMENT 

122 TACTICAL BRIDGING ...................................................................... 9,625 9,625 

123 TACTICAL BRIDGE, FLOAT-RIBBON ........................................... 76,082 76,082 

124 BRIDGE SUPPLEMENTAL SET ...................................................... 19,867 19,867 

125 COMMON BRIDGE TRANSPORTER (CBT) RECAP ..................... 109,796 109,796 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

126 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 5,628 5,628 

128 HUSKY MOUNTED DETECTION SYSTEM (HMDS) ................... 26,823 75,123 

Army UFR—Additional HMDS ......................................................... [48,300 ] 

131 ROBOTICS AND APPLIQUE SYSTEMS ......................................... 124,233 134,233 

Army UFR—Common Robotic System-Individual (CRS-I) ............. [10,000 ] 

132 RENDER SAFE SETS KITS OUTFITS ............................................ 84,000 87,158 

Army UFR—Additional render safe equipment ............................... [3,158 ] 

COMBAT SERVICE SUPPORT EQUIPMENT 

134 HEATERS AND ECU’S ...................................................................... 7,116 5,116 

Contract delay ..................................................................................... [–2,000 ] 

135 SOLDIER ENHANCEMENT ............................................................. 1,286 7,786 

Program increase ................................................................................ [6,500 ] 

136 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ............... 9,741 9,741 

137 GROUND SOLDIER SYSTEM .......................................................... 150,244 150,244 

138 MOBILE SOLDIER POWER ............................................................. 17,815 17,815 

139 FORCE PROVIDER ........................................................................... 28,860 28,860 

140 FIELD FEEDING EQUIPMENT ...................................................... 2,321 2,321 

141 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 40,240 40,240 

142 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 36,163 36,163 

PETROLEUM EQUIPMENT 

144 QUALITY SURVEILLANCE EQUIPMENT .................................... 744 744 

145 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 72,296 76,716 

Army UFR—Modular Fuel System (MFS) ....................................... [4,420 ] 

MEDICAL EQUIPMENT 

146 COMBAT SUPPORT MEDICAL ....................................................... 122,145 122,145 

MAINTENANCE EQUIPMENT 

147 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 14,756 12,856 

Excess carryover ................................................................................. [–1,900 ] 

CONSTRUCTION EQUIPMENT 

154 ALL TERRAIN CRANES ................................................................... 112,784 107,784 

Cost savings ........................................................................................ [–5,000 ] 

156 CONST EQUIP ESP ........................................................................... 8,694 8,694 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

158 ARMY WATERCRAFT ESP .............................................................. 44,409 58,009 

Army UFR—Landing Craft Utility modernization .......................... [13,600 ] 

159 MANEUVER SUPPORT VESSEL (MSV) ........................................ 76,660 76,660 

GENERATORS 

161 GENERATORS AND ASSOCIATED EQUIP ................................... 47,606 47,606 

162 TACTICAL ELECTRIC POWER RECAPITALIZATION ................ 10,500 10,500 

MATERIAL HANDLING EQUIPMENT 

163 FAMILY OF FORKLIFTS .................................................................. 13,325 13,325 

TRAINING EQUIPMENT 

164 COMBAT TRAINING CENTERS SUPPORT ................................... 79,565 79,565 

165 TRAINING DEVICES, NONSYSTEM .............................................. 174,644 174,644 

166 SYNTHETIC TRAINING ENVIRONMENT (STE) .......................... 122,104 92,266 


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135 STAT. 2252 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

RVCT ahead of need ........................................................................... [–29,838 ] 

168 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .. 11,642 10,642 

Excess carryover ................................................................................. [–1,000 ] 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

170 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............. 42,934 42,934 

172 TEST EQUIPMENT MODERNIZATION (TEMOD) ....................... 24,304 24,304 

OTHER SUPPORT EQUIPMENT 

174 PHYSICAL SECURITY SYSTEMS (OPA3) ..................................... 86,930 86,930 

175 BASE LEVEL COMMON EQUIPMENT .......................................... 27,823 27,823 

176 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .................... 32,392 32,392 

177 BUILDING, PRE-FAB, RELOCATABLE ......................................... 32,227 32,227 

179 SPECIAL EQUIPMENT FOR TEST AND EVALUATION ............. 76,917 76,917 

OPA2 

180 INITIAL SPARES—C&E ................................................................... 9,272 9,272 

TOTAL OTHER PROCUREMENT, ARMY ................................. 8,873,558 8,987,865 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

001 F/A–18E/F (FIGHTER) HORNET ..................................................... 87,832 977,161 

Production line shutdown .................................................................. [–10,671 ] 

Program increase—12 additional aircraft ......................................... [900,000 ] 

003 JOINT STRIKE FIGHTER CV .......................................................... 2,111,009 2,060,757 

Unit cost savings ................................................................................ [–50,252 ] 

004 JOINT STRIKE FIGHTER CV .......................................................... 246,781 246,781 

005 JSF STOVL ......................................................................................... 2,256,829 2,317,929 

F–35 B PGSE & depot support—USMC UPL .................................. [128,800 ] 

Target cost savings ............................................................................. [–67,700 ] 

006 JSF STOVL ......................................................................................... 216,720 216,720 

007 CH–53K (HEAVY LIFT) .................................................................... 1,286,296 1,503,126 

Excess to need—pub/tech data .......................................................... [–14,782 ] 

GFE electronics excess growth .......................................................... [–3,388 ] 

Program increase—two additional aircraft ....................................... [250,000 ] 

Unjustified growth—NRE production capacity ................................ [–15,000 ] 

008 CH–53K (HEAVY LIFT) .................................................................... 182,871 182,871 

009 V–22 (MEDIUM LIFT) ....................................................................... 751,716 1,500,516 

Program increase—five additional MV–22 ....................................... [414,400 ] 

Program increase—four additional CMV–22 .................................... [334,400 ] 

011 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................... 939 939 

013 P–8A POSEIDON ............................................................................... 44,595 384,595 

Additional aircraft .............................................................................. [340,000 ] 

014 E–2D ADV HAWKEYE ...................................................................... 766,788 957,788 

Navy UFR—Additional E–2D ............................................................ [191,000 ] 

015 E–2D ADV HAWKEYE ...................................................................... 118,095 118,095 

TRAINER AIRCRAFT 

016 ADVANCED HELICOPTER TRAINING SYSTEM ......................... 163,490 163,490 

OTHER AIRCRAFT 

017 KC–130J .............................................................................................. 520,787 947,187 

Marine Corps UFR—KC–130J weapons system trainer ................. [31,500 ] 

Marine Corps UFR—Replace KC–130J aircraft .............................. [197,900 ] 

Two additional C–130J aircraft—Navy UPL .................................... [197,000 ] 

018 KC–130J .............................................................................................. 68,088 68,088 

021 MQ–4 TRITON .................................................................................... 160,151 483,151 

Additional aircraft .............................................................................. [323,000 ] 

023 MQ–8 UAV .......................................................................................... 49,249 49,249 

024 STUASL0 UAV ................................................................................... 13,151 13,151 

025 MQ–25 ................................................................................................. 47,468 47,468 

027 MARINE GROUP 5 UAS ................................................................... 233,686 273,686 

Marine Corps UFR—Additional aircraft .......................................... [40,000 ] 

MODIFICATION OF AIRCRAFT 

030 F–18 A-D UNIQUE ............................................................................ 163,095 244,595 

F/A–18 aircraft structural life management (OSIP 11–99) inner 

wing installation excess cost growth.

[–1,000 ] 

Marine Corps UFR—F–18 ALR–67(V)5 radar warning receiver .... [55,000 ] 

Marine Corps UFR—F–18C/D AESA radar upgrade ...................... [27,500 ] 

031 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM ..... 482,899 482,899 

032 MARINE GROUP 5 UAS SERIES .................................................... 1,982 1,982 

033 AEA SYSTEMS ................................................................................... 23,296 20,221 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2253 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

Excess support costs ........................................................................... [–3,075 ] 

034 AV–8 SERIES ..................................................................................... 17,882 17,882 

035 INFRARED SEARCH AND TRACK (IRST) ..................................... 138,827 120,377 

Limit production growth .................................................................... [–18,450 ] 

036 ADVERSARY ...................................................................................... 143,571 143,571 

037 F–18 SERIES ...................................................................................... 327,571 327,571 

038 H–53 SERIES ...................................................................................... 112,436 109,136 

Excess to need ..................................................................................... [–3,300 ] 

039 MH–60 SERIES .................................................................................. 94,794 94,794 

040 H–1 SERIES ........................................................................................ 124,194 118,857 

Excess to need ..................................................................................... [–5,337 ] 

041 EP–3 SERIES ...................................................................................... 28,848 28,848 

042 E–2 SERIES ........................................................................................ 204,826 199,991 

Electronic support measures (OSIP 007–21) excess installation 

costs.

[–1,800 ] 

Electronic support measures (OSIP 007–21) previously funded ..... [–1,785 ] 

NAVWAR A-kit installation (OSIP 011–19) previously funded ...... [–1,250 ] 

043 TRAINER A/C SERIES ...................................................................... 7,849 7,849 

044 C–2A .................................................................................................... 2,843 2,843 

045 C–130 SERIES .................................................................................... 145,610 143,106 

A and B kits (OSIP 019–14) unit cost growth .................................. [–2,504 ] 

046 FEWSG ................................................................................................ 734 734 

047 CARGO/TRANSPORT A/C SERIES .................................................. 10,682 10,682 

048 E–6 SERIES ........................................................................................ 128,029 128,029 

049 EXECUTIVE HELICOPTERS SERIES ............................................ 45,326 45,326 

051 T–45 SERIES ...................................................................................... 158,772 158,772 

052 POWER PLANT CHANGES .............................................................. 24,915 24,915 

053 JPATS SERIES ................................................................................... 22,955 22,955 

054 AVIATION LIFE SUPPORT MODS ................................................. 2,477 2,477 

055 COMMON ECM EQUIPMENT ......................................................... 119,574 119,574 

056 COMMON AVIONICS CHANGES .................................................... 118,839 118,839 

057 COMMON DEFENSIVE WEAPON SYSTEM ................................. 5,476 5,476 

058 ID SYSTEMS ...................................................................................... 13,154 13,154 

059 P–8 SERIES ........................................................................................ 131,298 115,998 

Program delays ................................................................................... [–15,300 ] 

060 MAGTF EW FOR AVIATION ............................................................ 29,151 29,151 

061 MQ–8 SERIES .................................................................................... 31,624 31,624 

062 V–22 (TILT/ROTOR ACFT) OSPREY ............................................... 312,835 312,835 

063 NEXT GENERATION JAMMER (NGJ) ........................................... 266,676 266,676 

064 F–35 STOVL SERIES ........................................................................ 177,054 168,154 

Block 4 B kits early to need ............................................................... [–8,900 ] 

065 F–35 CV SERIES ................................................................................ 138,269 131,369 

TR–3/B4 delay ..................................................................................... [–6,900 ] 

066 QRC ..................................................................................................... 98,563 98,563 

067 MQ–4 SERIES .................................................................................... 7,100 7,100 

068 RQ–21 SERIES ................................................................................... 14,123 14,123 

AIRCRAFT SPARES AND REPAIR PARTS 

072 SPARES AND REPAIR PARTS ........................................................ 2,339,077 2,466,977 

Marine Corps UFR—F–35B engine spares ...................................... [117,800 ] 

Marine Corps UFR—KC–130J initial spares ................................... [7,000 ] 

Marine Corps UFR—KC–130J weapons system trainer initial 

spares.

[3,100 ] 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

073 COMMON GROUND EQUIPMENT ................................................. 517,267 517,267 

074 AIRCRAFT INDUSTRIAL FACILITIES .......................................... 80,500 80,500 

075 WAR CONSUMABLES ...................................................................... 42,496 42,496 

076 OTHER PRODUCTION CHARGES .................................................. 21,374 21,374 

077 SPECIAL SUPPORT EQUIPMENT ................................................. 271,774 271,774 

TOTAL AIRCRAFT PROCUREMENT, NAVY ........................... 16,477,178 19,804,184 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

001 TRIDENT II MODS ............................................................................ 1,144,446 1,144,446 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES .............................................. 7,319 7,319 

STRATEGIC MISSILES 

003 TOMAHAWK ...................................................................................... 124,513 138,140 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2254 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

MK14 canisters previously funded .................................................... [–3,743 ] 

Program increase—ten additional tomahawks ................................ [17,370 ] 

TACTICAL MISSILES 

005 SIDEWINDER .................................................................................... 86,366 82,788 

Unit cost adjustment—AUR Block II ................................................ [–2,624 ] 

Unit cost adjustment—CATM Block II ............................................. [–954 ] 

006 STANDARD MISSILE ....................................................................... 521,814 521,814 

007 STANDARD MISSILE ....................................................................... 45,357 45,357 

008 JASSM ................................................................................................. 37,039 37,039 

009 SMALL DIAMETER BOMB II .......................................................... 40,877 40,877 

010 RAM ..................................................................................................... 92,981 73,015 

Contract award delay ......................................................................... [–19,966 ] 

011 JOINT AIR GROUND MISSILE (JAGM) ......................................... 49,702 49,702 

012 HELLFIRE .......................................................................................... 7,557 7,557 

013 AERIAL TARGETS ............................................................................ 150,339 150,339 

014 DRONES AND DECOYS ................................................................... 30,321 30,321 

015 OTHER MISSILE SUPPORT ............................................................ 3,474 3,474 

016 LRASM ................................................................................................ 161,212 161,212 

017 NAVAL STRIKE MISSILE (NSM) .................................................... 59,331 52,377 

Program decrease ............................................................................... [–6,954 ] 

MODIFICATION OF MISSILES 

018 TOMAHAWK MODS .......................................................................... 206,233 206,233 

019 ESSM ................................................................................................... 248,619 161,519 

ESSM block 2 contract award delays ................................................ [–87,100 ] 

021 AARGM ................................................................................................ 116,345 116,345 

022 STANDARD MISSILES MODS ......................................................... 148,834 148,834 

SUPPORT EQUIPMENT & FACILITIES 

023 WEAPONS INDUSTRIAL FACILITIES .......................................... 1,819 1,819 

ORDNANCE SUPPORT EQUIPMENT 

026 ORDNANCE SUPPORT EQUIPMENT ............................................ 191,905 191,905 

TORPEDOES AND RELATED EQUIP 

027 SSTD .................................................................................................... 4,545 4,545 

028 MK–48 TORPEDO .............................................................................. 159,107 172,477 

Contract award delay ......................................................................... [–34,000 ] 

Navy UFR—Heavyweight Torpedo (HWT) quantity increase ........ [50,000 ] 

Program decrease ............................................................................... [–2,630 ] 

029 ASW TARGETS .................................................................................. 13,630 13,630 

MOD OF TORPEDOES AND RELATED EQUIP 

030 MK–54 TORPEDO MODS ................................................................. 106,112 106,112 

031 MK–48 TORPEDO ADCAP MODS ................................................... 35,680 35,680 

032 MARITIME MINES ............................................................................ 8,567 8,567 

SUPPORT EQUIPMENT 

033 TORPEDO SUPPORT EQUIPMENT ............................................... 93,400 93,400 

034 ASW RANGE SUPPORT ................................................................... 3,997 3,997 

DESTINATION TRANSPORTATION 

035 FIRST DESTINATION TRANSPORTATION .................................. 4,023 4,023 

GUNS AND GUN MOUNTS 

036 SMALL ARMS AND WEAPONS ....................................................... 14,909 14,909 

MODIFICATION OF GUNS AND GUN MOUNTS 

037 CIWS MODS ....................................................................................... 6,274 6,274 

038 COAST GUARD WEAPONS .............................................................. 45,958 45,958 

039 GUN MOUNT MODS ......................................................................... 68,775 68,775 

040 LCS MODULE WEAPONS ................................................................ 2,121 2,121 

041 AIRBORNE MINE NEUTRALIZATION SYSTEMS ....................... 14,822 14,822 

SPARES AND REPAIR PARTS 

043 SPARES AND REPAIR PARTS ........................................................ 162,382 166,682 

Navy UFR—Maritime outfitting and interim spares ...................... [4,300 ] 

TOTAL WEAPONS PROCUREMENT, NAVY ............................ 4,220,705 4,134,404 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ......................................................... 48,635 43,424 

Excess to need—BLU–137 ................................................................. [–5,211 ] 

002 JDAM ................................................................................................... 74,140 48,526 

Contract award delay ......................................................................... [–25,614 ] 

003 AIRBORNE ROCKETS, ALL TYPES ............................................... 75,383 75,383 

004 MACHINE GUN AMMUNITION ...................................................... 11,215 11,215 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2255 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

005 PRACTICE BOMBS ........................................................................... 52,225 52,225 

006 CARTRIDGES & CART ACTUATED DEVICES ............................. 70,876 70,492 

MK122 parachute deploy rocket unit cost overestimation .............. [–384 ] 

007 AIR EXPENDABLE COUNTERMEASURES .................................. 61,600 57,069 

IR decoys previously funded .............................................................. [–4,531 ] 

008 JATOS ................................................................................................. 6,620 6,620 

009 5 INCH/54 GUN AMMUNITION ...................................................... 28,922 27,923 

Unit cost growth—5′′/54 prop charge, full DA65 .............................. [–999 ] 

010 INTERMEDIATE CALIBER GUN AMMUNITION ........................ 36,038 31,537 

ALaMO contract award delay ............................................................ [–4,501 ] 

011 OTHER SHIP GUN AMMUNITION ................................................ 39,070 39,070 

012 SMALL ARMS & LANDING PARTY AMMO .................................. 45,493 44,195 

NSW SMCA previously funded .......................................................... [–1,298 ] 

013 PYROTECHNIC AND DEMOLITION .............................................. 9,163 9,163 

015 AMMUNITION LESS THAN $5 MILLION ..................................... 1,575 1,575 

MARINE CORPS AMMUNITION 

016 MORTARS ........................................................................................... 50,707 50,707 

017 DIRECT SUPPORT MUNITIONS .................................................... 120,037 118,157 

Excess to need—20mm Carl Gustaf trainer system ........................ [–1,880 ] 

018 INFANTRY WEAPONS AMMUNITION .......................................... 94,001 63,259 

Excess to need—BA54 & BA55 termination .................................... [–30,742 ] 

019 COMBAT SUPPORT MUNITIONS .................................................. 35,247 35,247 

020 AMMO MODERNIZATION ............................................................... 16,267 16,267 

021 ARTILLERY MUNITIONS ................................................................ 105,669 95,169 

Contract delay ..................................................................................... [–10,500 ] 

022 ITEMS LESS THAN $5 MILLION ................................................... 5,135 5,135 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ................. 988,018 902,358 

SHIPBUILDING AND CONVERSION, NAVY 

FLEET BALLISTIC MISSILE SHIPS 

001 OHIO REPLACEMENT SUBMARINE ............................................. 3,003,000 3,003,000 

002 OHIO REPLACEMENT SUBMARINE AP ...................................... 1,643,980 1,773,980 

Program increase—submarine supplier development ..................... [130,000 ] 

OTHER WARSHIPS 

003 CARRIER REPLACEMENT PROGRAM .......................................... 1,068,705 1,062,205 

Program decrease ............................................................................... [–6,500 ] 

004 CVN–81 ............................................................................................... 1,299,764 1,287,719 

Program decrease ............................................................................... [–12,045 ] 

005 VIRGINIA CLASS SUBMARINE ...................................................... 4,249,240 4,449,240 

Industrial base expansion .................................................................. [200,000 ] 

006 VIRGINIA CLASS SUBMARINE AP ............................................... 2,120,407 2,105,407 

Program adjustment ........................................................................... [–15,000 ] 

007 CVN REFUELING OVERHAULS .................................................... 2,456,018 2,436,018 

Excess growth ..................................................................................... [–20,000 ] 

008 CVN REFUELING OVERHAULS .................................................... 66,262 66,262 

009 DDG 1000 ............................................................................................ 56,597 56,597 

010 DDG–51 ............................................................................................... 2,016,787 4,929,073 

Change order excessive cost growth .................................................. [–11,651 ] 

Electronics excessive cost growth ...................................................... [–35,500 ] 

Plans cost excessive cost growth ....................................................... [–47,000 ] 

Program decrease ............................................................................... [–20,463 ] 

Termination liability not required .................................................... [–33,000 ] 

Two additional ships .......................................................................... [3,059,900 ] 

011 DDG–51 AP ......................................................................................... 120,000 

Program increase—Advance procurement for DDG–51 .................. [120,000 ] 

013 FFG-FRIGATE .................................................................................... 1,087,900 1,087,900 

014 FFG-FRIGATE .................................................................................... 69,100 69,100 

AMPHIBIOUS SHIPS 

015 LPD FLIGHT II .................................................................................. 60,636 60,636 

016 LPD FLIGHT II AP ............................................................................ 250,000 

Program increase ................................................................................ [250,000 ] 

019 LHA REPLACEMENT ....................................................................... 68,637 168,637 

Program increase ................................................................................ [100,000 ] 

020 EXPEDITIONARY FAST TRANSPORT (EPF) ................................ 540,000 

Two additional ships .......................................................................... [540,000 ] 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

021 TAO FLEET OILER ........................................................................... 668,184 1,336,384 


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135 STAT. 2256 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

One additional ship ............................................................................ [668,200 ] 

022 TAO FLEET OILER AP ..................................................................... 76,012 0 

Unjustified request ............................................................................. [–76,012 ] 

023 TAGOS SURTASS SHIPS .................................................................. 434,384 434,384 

024 TOWING, SALVAGE, AND RESCUE SHIP (ATS) ......................... 183,800 183,800 

025 LCU 1700 ............................................................................................ 67,928 67,928 

026 OUTFITTING ...................................................................................... 655,707 622,926 

Outfitting early to need ...................................................................... [–32,781 ] 

027 SHIP TO SHORE CONNECTOR ...................................................... 156,738 286,738 

Ship to shore connector ...................................................................... [130,000 ] 

028 SERVICE CRAFT ............................................................................... 67,866 67,866 

029 LCAC SLEP ........................................................................................ 32,712 32,712 

030 AUXILIARY VESSELS (USED SEALIFT) ....................................... 299,900 120,000 

Program reduction .............................................................................. [–179,900 ] 

031 COMPLETION OF PY SHIPBUILDING PROGRAMS ................... 660,795 660,795 

TOTAL SHIPBUILDING AND CONVERSION, NAVY ............. 22,571,059 27,279,307 

OTHER PROCUREMENT, NAVY 

SHIP PROPULSION EQUIPMENT 

001 SURFACE POWER EQUIPMENT .................................................... 41,414 41,414 

GENERATORS 

002 SURFACE COMBATANT HM&E ..................................................... 83,746 83,746 

NAVIGATION EQUIPMENT 

003 OTHER NAVIGATION EQUIPMENT .............................................. 72,300 72,300 

OTHER SHIPBOARD EQUIPMENT 

004 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ............. 234,932 234,932 

005 DDG MOD ........................................................................................... 583,136 583,136 

006 FIREFIGHTING EQUIPMENT ........................................................ 15,040 15,040 

007 COMMAND AND CONTROL SWITCHBOARD .............................. 2,194 2,194 

008 LHA/LHD MIDLIFE ........................................................................... 133,627 120,854 

Program decrease ............................................................................... [–12,773 ] 

009 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM ..................... 4,387 4,387 

010 POLLUTION CONTROL EQUIPMENT ........................................... 18,159 18,159 

011 SUBMARINE SUPPORT EQUIPMENT .......................................... 88,284 98,284 

Spare Seawolf-class bow dome .......................................................... [10,000 ] 

012 VIRGINIA CLASS SUPPORT EQUIPMENT ................................... 22,669 22,669 

013 LCS CLASS SUPPORT EQUIPMENT ............................................. 9,640 9,640 

014 SUBMARINE BATTERIES ............................................................... 21,834 21,834 

015 LPD CLASS SUPPORT EQUIPMENT ............................................. 34,292 29,478 

Program decrease ............................................................................... [–4,814 ] 

016 DDG 1000 CLASS SUPPORT EQUIPMENT ................................... 126,107 111,761 

Program decrease ............................................................................... [–14,346 ] 

017 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 12,256 12,256 

018 DSSP EQUIPMENT ........................................................................... 10,682 10,682 

019 CG MODERNIZATION ...................................................................... 156,951 156,951 

020 LCAC ................................................................................................... 21,314 21,314 

021 UNDERWATER EOD EQUIPMENT ................................................ 24,146 24,146 

022 ITEMS LESS THAN $5 MILLION ................................................... 84,789 84,789 

023 CHEMICAL WARFARE DETECTORS ............................................ 2,997 2,997 

REACTOR PLANT EQUIPMENT 

025 SHIP MAINTENANCE, REPAIR AND MODERNIZATION .......... 1,307,651 1,475,051 

Navy UFR—A–120 availability ......................................................... [167,400 ] 

026 REACTOR POWER UNITS ............................................................... 3,270 3,270 

027 REACTOR COMPONENTS ............................................................... 438,729 438,729 

OCEAN ENGINEERING 

028 DIVING AND SALVAGE EQUIPMENT .......................................... 10,772 10,772 

SMALL BOATS 

029 STANDARD BOATS ........................................................................... 58,770 58,770 

PRODUCTION FACILITIES EQUIPMENT 

030 OPERATING FORCES IPE ............................................................... 168,822 150,822 

Program decrease ............................................................................... [–18,000 ] 

OTHER SHIP SUPPORT 

031 LCS COMMON MISSION MODULES EQUIPMENT .................... 74,231 74,231 

032 LCS MCM MISSION MODULES ..................................................... 40,630 30,119 

Program decrease ............................................................................... [–10,511 ] 

033 LCS ASW MISSION MODULES ...................................................... 1,565 1,565 

034 LCS SUW MISSION MODULES ...................................................... 3,395 3,395 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2257 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

035 LCS IN-SERVICE MODERNIZATION ............................................. 122,591 122,591 

036 SMALL & MEDIUM UUV ................................................................. 32,534 32,534 

SHIP SONARS 

038 SPQ–9B RADAR ................................................................................. 15,927 15,927 

039 AN/SQQ–89 SURF ASW COMBAT SYSTEM .................................. 131,829 126,871 

Program decrease ............................................................................... [–4,958 ] 

040 SSN ACOUSTIC EQUIPMENT ........................................................ 379,850 360,898 

Virginia class technical insertion kits previously funded ............... [–18,952 ] 

041 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................ 13,965 13,965 

ASW ELECTRONIC EQUIPMENT 

042 SUBMARINE ACOUSTIC WARFARE SYSTEM ............................ 24,578 24,578 

043 SSTD .................................................................................................... 11,010 11,010 

044 FIXED SURVEILLANCE SYSTEM .................................................. 363,651 363,651 

045 SURTASS ............................................................................................ 67,500 67,500 

ELECTRONIC WARFARE EQUIPMENT 

046 AN/SLQ–32 .......................................................................................... 370,559 370,559 

RECONNAISSANCE EQUIPMENT 

047 SHIPBOARD IW EXPLOIT ............................................................... 261,735 261,735 

048 AUTOMATED IDENTIFICATION SYSTEM (AIS) ......................... 3,777 3,777 

OTHER SHIP ELECTRONIC EQUIPMENT 

049 COOPERATIVE ENGAGEMENT CAPABILITY ............................. 24,641 46,924 

Navy UFR—Accelerate Naval Tactical Grid Development for 

Joint All-Domain Command and Control (JADC2).

[8,983 ] 

Navy UFR—Maritime outfitting and interim spares ...................... [13,300 ] 

050 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ... 14,439 14,439 

051 ATDLS ................................................................................................. 101,595 101,595 

052 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ................. 3,535 3,535 

053 MINESWEEPING SYSTEM REPLACEMENT ................................ 15,640 15,640 

054 SHALLOW WATER MCM ................................................................. 5,610 5,610 

055 NAVSTAR GPS RECEIVERS (SPACE) ............................................ 33,097 33,097 

056 AMERICAN FORCES RADIO AND TV SERVICE ......................... 2,513 2,513 

057 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 4,823 4,823 

AVIATION ELECTRONIC EQUIPMENT 

058 ASHORE ATC EQUIPMENT ............................................................ 83,464 83,464 

059 AFLOAT ATC EQUIPMENT ............................................................. 67,055 67,055 

060 ID SYSTEMS ...................................................................................... 46,918 46,918 

061 JOINT PRECISION APPROACH AND LANDING SYSTEM ( ...... 35,386 35,386 

062 NAVAL MISSION PLANNING SYSTEMS ...................................... 17,951 17,951 

OTHER SHORE ELECTRONIC EQUIPMENT 

063 MARITIME INTEGRATED BROADCAST SYSTEM ...................... 2,360 2,360 

064 TACTICAL/MOBILE C4I SYSTEMS ................................................ 18,919 18,919 

065 DCGS-N ............................................................................................... 16,691 16,691 

066 CANES ................................................................................................. 412,002 441,002 

Navy UFR—Resilient Communications PNT for Combat Logistics 

Fleet (CLF).

[29,000 ] 

067 RADIAC ............................................................................................... 9,074 9,074 

068 CANES-INTELL ................................................................................. 51,593 51,593 

069 GPETE ................................................................................................. 23,930 23,930 

070 MASF ................................................................................................... 8,795 8,795 

071 INTEG COMBAT SYSTEM TEST FACILITY ................................. 5,829 5,829 

072 EMI CONTROL INSTRUMENTATION ........................................... 3,925 3,925 

073 ITEMS LESS THAN $5 MILLION ................................................... 156,042 156,042 

SHIPBOARD COMMUNICATIONS 

074 SHIPBOARD TACTICAL COMMUNICATIONS ............................. 43,212 43,212 

075 SHIP COMMUNICATIONS AUTOMATION ................................... 90,724 90,724 

076 COMMUNICATIONS ITEMS UNDER $5M .................................... 44,447 44,447 

SUBMARINE COMMUNICATIONS 

077 SUBMARINE BROADCAST SUPPORT ........................................... 47,579 47,579 

078 SUBMARINE COMMUNICATION EQUIPMENT .......................... 64,642 64,642 

SATELLITE COMMUNICATIONS 

079 SATELLITE COMMUNICATIONS SYSTEMS ................................ 38,636 38,636 

080 NAVY MULTIBAND TERMINAL (NMT) ........................................ 34,723 34,723 

SHORE COMMUNICATIONS 

081 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........ 2,651 2,651 

CRYPTOGRAPHIC EQUIPMENT 

082 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................ 146,879 146,879 

083 MIO INTEL EXPLOITATION TEAM ............................................... 977 977 


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135 STAT. 2258 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

CRYPTOLOGIC EQUIPMENT 

084 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................... 17,809 17,809 

OTHER ELECTRONIC SUPPORT 

092 COAST GUARD EQUIPMENT ......................................................... 63,214 63,214 

SONOBUOYS 

094 SONOBUOYS—ALL TYPES ............................................................. 249,121 303,521 

Navy UFR—Additional sonobuoys .................................................... [54,400 ] 

AIRCRAFT SUPPORT EQUIPMENT 

095 MINOTAUR ........................................................................................ 4,963 4,963 

096 WEAPONS RANGE SUPPORT EQUIPMENT ................................ 98,898 98,898 

097 AIRCRAFT SUPPORT EQUIPMENT ............................................... 178,647 178,647 

098 ADVANCED ARRESTING GEAR (AAG) ......................................... 22,265 22,265 

099 METEOROLOGICAL EQUIPMENT ................................................. 13,687 13,687 

100 LEGACY AIRBORNE MCM .............................................................. 4,446 4,446 

101 LAMPS EQUIPMENT ........................................................................ 1,470 1,470 

102 AVIATION SUPPORT EQUIPMENT ............................................... 70,665 70,665 

103 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL ... 86,584 86,584 

SHIP GUN SYSTEM EQUIPMENT 

104 SHIP GUN SYSTEMS EQUIPMENT ............................................... 5,536 5,536 

SHIP MISSILE SYSTEMS EQUIPMENT 

105 HARPOON SUPPORT EQUIPMENT ............................................... 204 204 

106 SHIP MISSILE SUPPORT EQUIPMENT ........................................ 237,987 237,987 

107 TOMAHAWK SUPPORT EQUIPMENT ........................................... 88,726 88,726 

FBM SUPPORT EQUIPMENT 

108 STRATEGIC MISSILE SYSTEMS EQUIP ...................................... 281,259 281,259 

ASW SUPPORT EQUIPMENT 

109 SSN COMBAT CONTROL SYSTEMS .............................................. 143,289 143,289 

110 ASW SUPPORT EQUIPMENT ......................................................... 30,595 30,595 

OTHER ORDNANCE SUPPORT EQUIPMENT 

111 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 1,721 1,721 

112 ITEMS LESS THAN $5 MILLION ................................................... 8,746 8,746 

OTHER EXPENDABLE ORDNANCE 

113 ANTI-SHIP MISSILE DECOY SYSTEM .......................................... 76,994 76,994 

114 SUBMARINE TRAINING DEVICE MODS ..................................... 75,813 75,813 

115 SURFACE TRAINING EQUIPMENT .............................................. 127,814 127,814 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

116 PASSENGER CARRYING VEHICLES ............................................ 4,140 4,140 

117 GENERAL PURPOSE TRUCKS ....................................................... 2,805 2,805 

118 CONSTRUCTION & MAINTENANCE EQUIP ............................... 48,403 46,403 

Excess carryover ................................................................................. [–2,000 ] 

119 FIRE FIGHTING EQUIPMENT ....................................................... 15,084 15,084 

120 TACTICAL VEHICLES ...................................................................... 27,400 27,400 

121 POLLUTION CONTROL EQUIPMENT ........................................... 2,607 2,607 

122 ITEMS LESS THAN $5 MILLION ................................................... 51,963 51,963 

123 PHYSICAL SECURITY VEHICLES ................................................. 1,165 1,165 

SUPPLY SUPPORT EQUIPMENT 

124 SUPPLY EQUIPMENT ...................................................................... 24,698 24,698 

125 FIRST DESTINATION TRANSPORTATION .................................. 5,385 5,385 

126 SPECIAL PURPOSE SUPPLY SYSTEMS ....................................... 660,750 660,750 

TRAINING DEVICES 

127 TRAINING SUPPORT EQUIPMENT ............................................... 3,465 3,465 

128 TRAINING AND EDUCATION EQUIPMENT ................................ 60,114 60,114 

COMMAND SUPPORT EQUIPMENT 

129 COMMAND SUPPORT EQUIPMENT ............................................. 31,007 31,007 

130 MEDICAL SUPPORT EQUIPMENT ................................................ 7,346 14,346 

Navy UFR—Expeditionary medical readiness ................................. [7,000 ] 

132 NAVAL MIP SUPPORT EQUIPMENT ............................................ 2,887 2,887 

133 OPERATING FORCES SUPPORT EQUIPMENT ........................... 12,815 12,815 

134 C4ISR EQUIPMENT .......................................................................... 6,324 6,324 

135 ENVIRONMENTAL SUPPORT EQUIPMENT ................................ 25,098 25,098 

136 PHYSICAL SECURITY EQUIPMENT ............................................. 110,647 107,471 

Program decrease ............................................................................... [–3,176 ] 

137 ENTERPRISE INFORMATION TECHNOLOGY ............................ 31,709 31,709 

OTHER 

141 NEXT GENERATION ENTERPRISE SERVICE ............................. 41 41 

142 CYBERSPACE ACTIVITIES ............................................................. 12,859 12,859 

CLASSIFIED PROGRAMS 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2259 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

9999 CLASSIFIED PROGRAMS ................................................................ 19,808 19,808 

SPARES AND REPAIR PARTS 

143 SPARES AND REPAIR PARTS ........................................................ 424,405 517,105 

Navy UFR—Maritime outfitting and interim spares ...................... [92,700 ] 

TOTAL OTHER PROCUREMENT, NAVY .................................. 10,875,912 11,169,165 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP ........................................................................................ 36,836 36,836 

002 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES ..... 532,355 532,355 

003 LAV PIP .............................................................................................. 23,476 23,476 

ARTILLERY AND OTHER WEAPONS 

004 155MM LIGHTWEIGHT TOWED HOWITZER ............................... 32 32 

005 ARTILLERY WEAPONS SYSTEM ................................................... 67,548 221,347 

Marine Corps UFR—Ground-launched anti-ship missiles .............. [57,799 ] 

Marine Corps UFR—Ground-launched long range fires ................. [96,000 ] 

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .... 35,402 35,402 

GUIDED MISSILES 

008 GROUND BASED AIR DEFENSE ................................................... 9,349 9,349 

009 ANTI-ARMOR MISSILE-JAVELIN .................................................. 937 937 

010 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) ............ 20,481 20,481 

011 ANTI-ARMOR MISSILE-TOW .......................................................... 14,359 12,359 

Unit cost growth ................................................................................. [–2,000 ] 

012 GUIDED MLRS ROCKET (GMLRS) ................................................ 98,299 98,299 

COMMAND AND CONTROL SYSTEMS 

013 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 18,247 18,247 

REPAIR AND TEST EQUIPMENT 

014 REPAIR AND TEST EQUIPMENT .................................................. 33,554 33,554 

OTHER SUPPORT (TEL) 

015 MODIFICATION KITS ...................................................................... 167 167 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

016 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 64,879 130,779 

Marine Corps UFR—Fly-Away Broadcast System .......................... [9,000 ] 

Marine Corps UFR—INOD Block III long-range sight ................... [16,900 ] 

Marine Corps UFR—Squad binocular night vision goggle ............. [40,000 ] 

017 AIR OPERATIONS C2 SYSTEMS .................................................... 1,291 1,291 

RADAR + EQUIPMENT (NON-TEL) 

019 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) .................... 297,369 645,369 

Marine Corps UFR—Additional G/ATOR units ............................... [304,000 ] 

Marine Corps UFR—Additional radar retrofit kits and FRP systems.[44,000 ] 

INTELL/COMM EQUIPMENT (NON-TEL) 

020 GCSS-MC ............................................................................................ 604 604 

021 FIRE SUPPORT SYSTEM ................................................................. 39,810 39,810 

022 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 67,309 72,860 

Marine Corps UFR—SCINet equipment .......................................... [5,551 ] 

024 UNMANNED AIR SYSTEMS (INTEL) ............................................ 24,299 24,299 

025 DCGS-MC ............................................................................................ 28,633 28,633 

026 UAS PAYLOADS ................................................................................ 3,730 3,730 

OTHER SUPPORT (NON-TEL) 

029 NEXT GENERATION ENTERPRISE NETWORK (NGEN) ........... 97,060 97,060 

030 COMMON COMPUTER RESOURCES ............................................ 83,606 79,606 

Training and education headquarters support unjustified request [–2,000 ] 

Wargaming hardware early to need .................................................. [–2,000 ] 

031 COMMAND POST SYSTEMS ........................................................... 53,708 39,708 

NOTM refresh early to need .............................................................. [–14,000 ] 

032 RADIO SYSTEMS .............................................................................. 468,678 444,678 

TCM ground radios sparing previously funded ................................ [–10,000 ] 

Unjustified request ............................................................................. [–14,000 ] 

033 COMM SWITCHING & CONTROL SYSTEMS ............................... 49,600 43,600 

Excess growth ..................................................................................... [–6,000 ] 

034 COMM & ELEC INFRASTRUCTURE SUPPORT .......................... 110,835 116,635 

Excess growth ..................................................................................... [–10,000 ] 

Marine Corps UFR—Base telecommunications equipment upgrades.[15,800 ] 

035 CYBERSPACE ACTIVITIES ............................................................. 25,377 46,577 


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135 STAT. 2260 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

Marine Corps UFR—Defensive Cyber Ops-Internal Defensive 

Measures suites.

[21,200 ] 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................ 4,034 4,034 

ADMINISTRATIVE VEHICLES 

038 COMMERCIAL CARGO VEHICLES ................................................ 17,848 17,848 

TACTICAL VEHICLES 

039 MOTOR TRANSPORT MODIFICATIONS ....................................... 23,363 21,924 

Excess growth ..................................................................................... [–1,439 ] 

040 JOINT LIGHT TACTICAL VEHICLE .............................................. 322,013 322,013 

042 TRAILERS ........................................................................................... 9,876 9,876 

ENGINEER AND OTHER EQUIPMENT 

044 TACTICAL FUEL SYSTEMS ............................................................ 2,161 2,161 

045 POWER EQUIPMENT ASSORTED ................................................. 26,625 18,955 

Intelligent power distribution previously funded ............................. [–7,670 ] 

046 AMPHIBIOUS SUPPORT EQUIPMENT ......................................... 17,119 15,909 

Excess carryover ................................................................................. [–1,210 ] 

047 EOD SYSTEMS .................................................................................. 94,472 107,672 

Marine Corps UFR—BCWD/UnSAT/Explosive Hazard Defeat 

Systems.

[7,800 ] 

Marine Corps UFR—ENFIRE/Explosive Hazard Defeat Systems [5,400 ] 

MATERIALS HANDLING EQUIPMENT 

048 PHYSICAL SECURITY EQUIPMENT ............................................. 84,513 84,513 

GENERAL PROPERTY 

049 FIELD MEDICAL EQUIPMENT ...................................................... 8,105 8,105 

050 TRAINING DEVICES ........................................................................ 37,814 35,211 

CACCTUS lap equipment previously funded ................................... [–2,603 ] 

051 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 34,658 50,458 

Marine Corps UFR—All-terrain crane .............................................. [10,800 ] 

Marine Corps UFR—Rough terrain container handler ................... [5,000 ] 

052 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) ............................... 15,439 15,439 

OTHER SUPPORT 

053 ITEMS LESS THAN $5 MILLION ................................................... 4,402 15,002 

Marine Corps UFR—Lightweight water purification system ......... [10,600 ] 

SPARES AND REPAIR PARTS 

054 SPARES AND REPAIR PARTS ........................................................ 32,819 32,819 

TOTAL PROCUREMENT, MARINE CORPS ............................. 3,043,091 3,620,019 

AIRCRAFT PROCUREMENT, AIR FORCE 

STRATEGIC OFFENSIVE 

001 B–21 RAIDER ..................................................................................... 108,027 108,027 

TACTICAL FORCES 

002 F–35 ..................................................................................................... 4,167,604 4,392,604 

Air Force UFR—F–35 power modules .............................................. [175,000 ] 

USG depot acceleration ...................................................................... [50,000 ] 

003 F–35 ..................................................................................................... 352,632 352,632 

005 F–15EX ................................................................................................ 1,186,903 1,762,903 

Air Force UFR—Additional aircraft, spares, support equipment ... [576,000 ] 

006 F–15EX ................................................................................................ 147,919 147,919 

TACTICAL AIRLIFT 

007 KC–46A MDAP ................................................................................... 2,380,315 2,315,315 

Excess growth ..................................................................................... [–65,000 ] 

OTHER AIRLIFT 

008 C–130J ................................................................................................. 128,896 128,896 

009 MC–130J ............................................................................................. 220,049 220,049 

UPT TRAINERS 

011 ADVANCED TRAINER REPLACEMENT T-X ................................ 10,397 0 

Procurement funds ahead of need ..................................................... [–10,397 ] 

HELICOPTERS 

012 MH–139A ............................................................................................. 75,000 

Program increase ................................................................................ [75,000 ] 

013 COMBAT RESCUE HELICOPTER .................................................. 792,221 792,221 

MISSION SUPPORT AIRCRAFT 

016 CIVIL AIR PATROL A/C ................................................................... 2,813 11,400 

Program increase ................................................................................ [8,587 ] 

OTHER AIRCRAFT 

017 TARGET DRONES ............................................................................. 116,169 116,169 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2261 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

019 E–11 BACN/HAG ................................................................................ 124,435 124,435 

021 MQ–9 ................................................................................................... 3,288 78,567 

Program increase—four aircraft ........................................................ [75,279 ] 

STRATEGIC AIRCRAFT 

023 B–2A .................................................................................................... 29,944 29,944 

024 B–1B .................................................................................................... 30,518 27,406 

Radio crypto mod ahead of need ........................................................ [–3,112 ] 

025 B–52 ..................................................................................................... 82,820 82,820 

026 COMBAT RESCUE HELICOPTER .................................................. 61,191 45,891 

Early to need—contract delay ........................................................... [–15,300 ] 

027 LARGE AIRCRAFT INFRARED COUNTERMEASURES .............. 57,001 57,001 

TACTICAL AIRCRAFT 

028 A–10 ..................................................................................................... 83,621 83,621 

029 E–11 BACN/HAG ................................................................................ 68,955 68,955 

030 F–15 ..................................................................................................... 234,340 232,457 

F–15E MIDS-JTRS installs excess to need ...................................... [–1,883 ] 

031 F–16 ..................................................................................................... 613,166 733,166 

F–16 AESAs ........................................................................................ [100,000 ] 

Program increase—HUD upgrade ..................................................... [20,000 ] 

032 F–22A .................................................................................................. 424,722 384,722 

Program decrease ............................................................................... [–40,000 ] 

033 F–35 MODIFICATIONS ..................................................................... 304,135 1,388,935 

F–35 upgrades to Block 4 ................................................................... [1,100,000 ] 

TR–3/B4 delay ..................................................................................... [–15,200 ] 

034 F–15 EPAW ......................................................................................... 149,797 149,797 

036 KC–46A MDAP ................................................................................... 1,984 1,984 

AIRLIFT AIRCRAFT 

037 C–5 ....................................................................................................... 25,431 25,431 

038 C–17A .................................................................................................. 59,570 59,570 

040 C–32A .................................................................................................. 1,949 1,949 

041 C–37A .................................................................................................. 5,984 5,984 

TRAINER AIRCRAFT 

042 GLIDER MODS .................................................................................. 142 142 

043 T–6 ....................................................................................................... 8,735 8,735 

044 T–1 ....................................................................................................... 3,872 872 

Excess to need ..................................................................................... [–3,000 ] 

045 T–38 ..................................................................................................... 49,851 49,851 

OTHER AIRCRAFT 

046 U–2 MODS .......................................................................................... 126,809 126,809 

047 KC–10A (ATCA) .................................................................................. 1,902 1,902 

049 VC–25A MOD ...................................................................................... 96 96 

050 C–40 ..................................................................................................... 262 262 

051 C–130 ................................................................................................... 29,071 169,771 

Program increase—eight blade propeller upgrade ........................... [75,700 ] 

Program increase—engine enhancement program .......................... [50,000 ] 

Program increase—modular airborne firefighting system .............. [15,000 ] 

052 C–130J MODS .................................................................................... 110,784 110,784 

053 C–135 ................................................................................................... 61,376 61,376 

054 COMPASS CALL ................................................................................ 195,098 270,098 

Air Force UFR—Additional spare engines ....................................... [75,000 ] 

056 RC–135 ................................................................................................ 207,596 207,596 

057 E–3 ....................................................................................................... 109,855 109,855 

058 E–4 ....................................................................................................... 19,081 19,081 

059 E–8 ....................................................................................................... 16,312 43,312 

Program increase—CDL ..................................................................... [27,000 ] 

060 AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/45 .......... 30,327 26,627 

Block 40/45 carryover ......................................................................... [–3,700 ] 

062 H–1 ....................................................................................................... 1,533 1,533 

063 H–60 ..................................................................................................... 13,709 32,709 

OLR mod early to need ...................................................................... [–1,000 ] 

Restore degraded visual environment ............................................... [20,000 ] 

064 RQ–4 MODS ........................................................................................ 3,205 3,205 

065 HC/MC–130 MODIFICATIONS ........................................................ 150,263 148,815 

Communications modernization phase 1 NRE ahead of need ........ [–1,448 ] 

066 OTHER AIRCRAFT ............................................................................ 54,828 54,828 

067 MQ–9 MODS ....................................................................................... 144,287 144,287 

068 MQ–9 UAS PAYLOADS ..................................................................... 40,800 40,800 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2262 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

069 SENIOR LEADER C3, SYSTEM—AIRCRAFT ................................ 23,554 23,554 

070 CV–22 MODS ...................................................................................... 158,162 240,562 

SOCOM UFR—CV–22 reliability acceleration ................................. [82,400 ] 

AIRCRAFT SPARES AND REPAIR PARTS 

071 INITIAL SPARES/REPAIR PARTS .................................................. 915,710 915,710 

COMMON SUPPORT EQUIPMENT 

072 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................ 138,761 138,761 

POST PRODUCTION SUPPORT 

073 B–2A .................................................................................................... 1,651 1,651 

074 B–2B .................................................................................................... 38,811 38,811 

075 B–52 ..................................................................................................... 5,602 5,602 

078 F–15 ..................................................................................................... 2,324 2,324 

079 F–16 ..................................................................................................... 10,456 10,456 

081 RQ–4 POST PRODUCTION CHARGES .......................................... 24,592 24,592 

INDUSTRIAL PREPAREDNESS 

082 INDUSTRIAL RESPONSIVENESS .................................................. 18,110 18,110 

WAR CONSUMABLES 

083 WAR CONSUMABLES ...................................................................... 35,866 35,866 

OTHER PRODUCTION CHARGES 

084 OTHER PRODUCTION CHARGES .................................................. 979,388 1,019,388 

Classified modifications—program increase ..................................... [40,000 ] 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................ 18,092 18,092 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ................ 15,727,669 18,132,595 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

001 MISSILE REPLACEMENT EQ-BALLISTIC ................................... 57,793 57,793 

BALLISTIC MISSILES 

002 GROUND BASED STRATEGIC DETERRENT ............................... 8,895 8,895 

TACTICAL 

003 REPLAC EQUIP & WAR CONSUMABLES .................................... 7,681 7,681 

004 AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON ...... 160,850 116,850 

Procurement early to need ................................................................. [–44,000 ] 

006 JOINT AIR-SURFACE STANDOFF MISSILE ................................ 710,550 660,550 

Program decrease ............................................................................... [–50,000 ] 

008 SIDEWINDER (AIM–9X) ................................................................... 107,587 107,587 

009 AMRAAM ............................................................................................ 214,002 214,002 

010 PREDATOR HELLFIRE MISSILE ................................................... 103,684 103,684 

011 SMALL DIAMETER BOMB .............................................................. 82,819 82,819 

012 SMALL DIAMETER BOMB II .......................................................... 294,649 294,649 

INDUSTRIAL FACILITIES 

013 INDUSTR’L PREPAREDNS/POL PREVENTION ........................... 757 757 

CLASS IV 

015 ICBM FUZE MOD .............................................................................. 53,013 65,263 

Realignment of funds ......................................................................... [12,250 ] 

016 ICBM FUZE MOD AP ........................................................................ 47,757 35,507 

Realignment of funds ......................................................................... [–12,250 ] 

017 MM III MODIFICATIONS ................................................................. 88,579 88,579 

019 AIR LAUNCH CRUISE MISSILE (ALCM) ...................................... 46,799 46,799 

MISSILE SPARES AND REPAIR PARTS 

020 MSL SPRS/REPAIR PARTS (INITIAL) ............................................ 16,212 16,212 

021 MSL SPRS/REPAIR PARTS (REPLEN) ........................................... 63,547 63,547 

022 INITIAL SPARES/REPAIR PARTS .................................................. 4,045 4,045 

SPECIAL PROGRAMS 

027 SPECIAL UPDATE PROGRAMS ...................................................... 30,352 30,352 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................ 570,240 570,240 

TOTAL MISSILE PROCUREMENT, AIR FORCE .................... 2,669,811 2,575,811 

PROCUREMENT, SPACE FORCE 

SPACE PROCUREMENT, SF 

002 AF SATELLITE COMM SYSTEM .................................................... 43,655 39,655 

Unjustified cost growth ...................................................................... [–4,000 ] 

003 COUNTERSPACE SYSTEMS ........................................................... 64,804 64,804 

004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................. 39,444 39,444 

005 GENERAL INFORMATION TECH—SPACE .................................. 3,316 5,116 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2263 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

Space Force UFR—Modernize space aggressor equipment ............. [1,800 ] 

006 GPSIII FOLLOW ON ......................................................................... 601,418 601,418 

007 GPS III SPACE SEGMENT ............................................................... 84,452 84,452 

008 GLOBAL POSTIONING (SPACE) .................................................... 2,274 2,274 

009 HERITAGE TRANSITION ................................................................ 13,529 13,529 

010 SPACEBORNE EQUIP (COMSEC) .................................................. 26,245 48,945 

Space Force UFR—Space-rated crypto devices to support launch [22,700 ] 

011 MILSATCOM ...................................................................................... 24,333 24,333 

012 SBIR HIGH (SPACE) ......................................................................... 154,526 154,526 

013 SPECIAL SPACE ACTIVITIES ........................................................ 142,188 142,188 

014 MOBILE USER OBJECTIVE SYSTEM ........................................... 45,371 45,371 

015 NATIONAL SECURITY SPACE LAUNCH ..................................... 1,337,347 1,337,347 

016 NUDET DETECTION SYSTEM ....................................................... 6,690 6,690 

017 PTES HUB .......................................................................................... 7,406 7,406 

018 ROCKET SYSTEMS LAUNCH PROGRAM ..................................... 10,429 10,429 

020 SPACE MODS ..................................................................................... 64,371 64,371 

021 SPACELIFT RANGE SYSTEM SPACE ........................................... 93,774 93,774 

SPARES 

022 SPARES AND REPAIR PARTS ........................................................ 1,282 1,282 

TOTAL PROCUREMENT, SPACE FORCE ................................ 2,766,854 2,787,354 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

001 ROCKETS ........................................................................................... 36,597 36,597 

CARTRIDGES 

002 CARTRIDGES ..................................................................................... 169,163 164,163 

Excess to need ..................................................................................... [–5,000 ] 

BOMBS 

003 PRACTICE BOMBS ........................................................................... 48,745 48,745 

004 GENERAL PURPOSE BOMBS ......................................................... 176,565 176,565 

005 MASSIVE ORDNANCE PENETRATOR (MOP) .............................. 15,500 15,500 

006 JOINT DIRECT ATTACK MUNITION ............................................ 124,102 48,584 

Program carryover .............................................................................. [–75,518 ] 

007 B–61 ..................................................................................................... 2,709 2,709 

OTHER ITEMS 

008 CAD/PAD ............................................................................................. 47,210 47,210 

009 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................. 6,151 6,151 

010 SPARES AND REPAIR PARTS ........................................................ 535 535 

011 MODIFICATIONS .............................................................................. 292 292 

012 ITEMS LESS THAN $5,000,000 ....................................................... 9,164 9,164 

FLARES 

013 FLARES ............................................................................................... 95,297 95,297 

FUZES 

014 FUZES ................................................................................................. 50,795 50,795 

SMALL ARMS 

015 SMALL ARMS .................................................................................... 12,343 12,343 

TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ... 795,168 714,650 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES ............................................ 8,448 8,448 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ...................................................... 5,804 5,804 

003 CAP VEHICLES ................................................................................. 1,066 1,800 

Program increase—Civil Air Patrol .................................................. [734 ] 

004 CARGO AND UTILITY VEHICLES ................................................. 57,459 57,459 

SPECIAL PURPOSE VEHICLES 

005 JOINT LIGHT TACTICAL VEHICLE .............................................. 97,326 92,326 

Excess carryover ................................................................................. [–5,000 ] 

006 SECURITY AND TACTICAL VEHICLES ........................................ 488 488 

007 SPECIAL PURPOSE VEHICLES ..................................................... 75,694 77,694 

CNGB UFR—Temperature control trailers ...................................... [2,000 ] 

FIRE FIGHTING EQUIPMENT 

008 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 12,525 12,525 

MATERIALS HANDLING EQUIPMENT 

009 MATERIALS HANDLING VEHICLES ............................................ 34,933 34,933 

BASE MAINTENANCE SUPPORT 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2264 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

010 RUNWAY SNOW REMOV AND CLEANING EQU ........................ 9,134 9,134 

011 BASE MAINTENANCE SUPPORT VEHICLES ............................. 111,820 103,728 

Program decrease ............................................................................... [–8,092 ] 

COMM SECURITY EQUIPMENT(COMSEC) 

013 COMSEC EQUIPMENT ..................................................................... 66,022 66,022 

014 STRATEGIC MICROELECTRONIC SUPPLY SYSTEM ................ 885,051 885,051 

INTELLIGENCE PROGRAMS 

015 INTERNATIONAL INTEL TECH & ARCHITECTURES ............... 5,809 5,809 

016 INTELLIGENCE TRAINING EQUIPMENT ................................... 5,719 5,719 

017 INTELLIGENCE COMM EQUIPMENT .......................................... 25,844 25,844 

ELECTRONICS PROGRAMS 

018 AIR TRAFFIC CONTROL & LANDING SYS .................................. 44,516 44,516 

019 BATTLE CONTROL SYSTEM—FIXED ........................................... 2,940 2,940 

020 THEATER AIR CONTROL SYS IMPROVEMEN ........................... 43,442 47,842 

EUCOM UFR—Air base air defens ops center ................................ [4,400 ] 

021 3D EXPEDITIONARY LONG-RANGE RADAR ............................... 96,186 248,186 

Air Force UFR—Build command and control framework ............... [152,000 ] 

022 WEATHER OBSERVATION FORECAST ........................................ 32,376 32,376 

023 STRATEGIC COMMAND AND CONTROL ..................................... 37,950 37,950 

024 CHEYENNE MOUNTAIN COMPLEX ............................................. 8,258 8,258 

025 MISSION PLANNING SYSTEMS .................................................... 14,717 14,717 

SPCL COMM-ELECTRONICS PROJECTS 

027 GENERAL INFORMATION TECHNOLOGY .................................. 43,917 88,247 

EUCOM UFR—Mission Partner Environment ................................ [13,800 ] 

INDOPACOM UFR—Mission Partner Environment ....................... [30,530 ] 

028 AF GLOBAL COMMAND & CONTROL SYS .................................. 414 414 

030 MOBILITY COMMAND AND CONTROL ....................................... 10,619 10,619 

031 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 101,896 116,797 

EUCOM UFR—Counter-UAS for UASFE installations .................. [1,241 ] 

EUCOM UFR—Sensors for air base air defense ............................. [11,660 ] 

Space Force UFR—Maui Optical Site security system ................... [2,000 ] 

032 COMBAT TRAINING RANGES ........................................................ 222,598 222,598 

033 COMBAT TRAINING RANGES ........................................................ 14,730 14,730 

034 MINIMUM ESSENTIAL EMERGENCY COMM N ........................ 77,119 77,119 

035 WIDE AREA SURVEILLANCE (WAS) ............................................ 38,794 38,794 

036 C3 COUNTERMEASURES ................................................................ 131,238 131,238 

037 INTEGRATED PERSONNEL AND PAY SYSTEM ......................... 15,240 15,240 

038 GCSS-AF FOS ..................................................................................... 3,959 3,959 

040 MAINTENANCE REPAIR & OVERHAUL INITIATIVE ................ 4,387 4,387 

041 THEATER BATTLE MGT C2 SYSTEM ........................................... 4,052 4,052 

042 AIR & SPACE OPERATIONS CENTER (AOC) .............................. 2,224 2,224 

AIR FORCE COMMUNICATIONS 

043 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED ........ 58,499 58,499 

044 AFNET ................................................................................................. 65,354 65,354 

045 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........ 4,377 4,377 

046 USCENTCOM ..................................................................................... 18,101 18,101 

047 USSTRATCOM ................................................................................... 4,226 4,226 

ORGANIZATION AND BASE 

048 TACTICAL C-E EQUIPMENT .......................................................... 162,955 157,817 

Program decrease ............................................................................... [–5,138 ] 

049 RADIO EQUIPMENT ......................................................................... 14,232 15,732 

Space Force UFR—radio equipment ................................................. [1,500 ] 

051 BASE COMM INFRASTRUCTURE .................................................. 200,797 262,797 

EUCOM UFR—Modernize IT infrastructure ................................... [55,000 ] 

Space Force UFR—Lifecycle SIPR/NIP replacement ....................... [7,000 ] 

MODIFICATIONS 

052 COMM ELECT MODS ....................................................................... 18,607 18,607 

PERSONAL SAFETY & RESCUE EQUIP 

053 PERSONAL SAFETY AND RESCUE EQUIPMENT ...................... 106,449 106,449 

DEPOT PLANT+MTRLS HANDLING EQ 

054 POWER CONDITIONING EQUIPMENT ........................................ 11,274 11,274 

055 MECHANIZED MATERIAL HANDLING EQUIP ........................... 8,594 8,594 

BASE SUPPORT EQUIPMENT 

056 BASE PROCURED EQUIPMENT .................................................... 1 33,251 

CNGB UFR—Modular small arms ranges ....................................... [25,000 ] 

EUCOM UFR—Tactical decoy devices .............................................. [8,250 ] 

057 ENGINEERING AND EOD EQUIPMENT ...................................... 32,139 32,139 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2265 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

058 MOBILITY EQUIPMENT .................................................................. 63,814 63,814 

059 FUELS SUPPORT EQUIPMENT (FSE) .......................................... 17,928 17,928 

060 BASE MAINTENANCE AND SUPPORT EQUIPMENT ................ 48,534 48,534 

SPECIAL SUPPORT PROJECTS 

062 DARP RC135 ....................................................................................... 27,359 27,359 

063 DCGS-AF ............................................................................................. 261,070 261,070 

065 SPECIAL UPDATE PROGRAM ........................................................ 777,652 777,652 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................ 20,983,908 21,183,908 

Program increase ................................................................................ [200,000 ] 

SPARES AND REPAIR PARTS 

066 SPARES AND REPAIR PARTS (CYBER) ........................................ 978 978 

067 SPARES AND REPAIR PARTS ........................................................ 9,575 9,575 

TOTAL OTHER PROCUREMENT, AIR FORCE ....................... 25,251,137 25,748,022 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, OSD 

081 AGILE PROCUREMENT TRANSITION PILOT ............................. 100,000 

Program increase ................................................................................ [100,000 ] 

MAJOR EQUIPMENT, SDA 

024 MAJOR EQUIPMENT, DPAA ........................................................... 494 494 

047 MAJOR EQUIPMENT, OSD ............................................................. 31,420 31,420 

048 JOINT CAPABILITY TECH DEMONSTRATION (JCTD) ............. 74,060 74,060 

MAJOR EQUIPMENT, NSA 

046 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .......... 315 315 

MAJOR EQUIPMENT, DISA 

010 INFORMATION SYSTEMS SECURITY .......................................... 18,923 18,923 

011 TELEPORT PROGRAM ..................................................................... 34,908 34,908 

012 JOINT FORCES HEADQUARTERS—DODIN ................................ 1,968 1,968 

013 ITEMS LESS THAN $5 MILLION ................................................... 42,270 42,270 

014 DEFENSE INFORMATION SYSTEM NETWORK ......................... 18,025 18,025 

015 WHITE HOUSE COMMUNICATION AGENCY ............................. 44,522 44,522 

016 SENIOR LEADERSHIP ENTERPRISE ........................................... 54,592 54,592 

017 JOINT REGIONAL SECURITY STACKS (JRSS) ........................... 62,657 62,657 

018 JOINT SERVICE PROVIDER ........................................................... 102,039 102,039 

019 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) ............. 80,645 80,645 

MAJOR EQUIPMENT, DLA 

021 MAJOR EQUIPMENT ....................................................................... 530,896 510,896 

Excess growth ..................................................................................... [–20,000 ] 

MAJOR EQUIPMENT, DCSA 

002 MAJOR EQUIPMENT ....................................................................... 3,014 3,014 

MAJOR EQUIPMENT, TJS 

049 MAJOR EQUIPMENT, TJS ............................................................... 7,830 7,830 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

029 THAAD ................................................................................................ 251,543 361,122 

MDA UFR—Additional interceptors ................................................. [109,579 ] 

031 AEGIS BMD ........................................................................................ 334,621 334,621 

032 AEGIS BMD ........................................................................................ 17,493 17,493 

033 BMDS AN/TPY–2 RADARS ............................................................... 2,738 2,738 

034 SM–3 IIAS ........................................................................................... 295,322 336,822 

MDA UFR—Additional AURs ........................................................... [41,500 ] 

035 ARROW 3 UPPER TIER SYSTEMS ................................................. 62,000 62,000 

036 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) ....... 30,000 30,000 

037 DEFENSE OF GUAM PROCUREMENT ......................................... 40,000 80,000 

INDOPACOM UFR—Guam Defense System ................................... [40,000 ] 

038 AEGIS ASHORE PHASE III ............................................................. 25,866 25,866 

039 IRON DOME ....................................................................................... 108,000 108,000 

040 AEGIS BMD HARDWARE AND SOFTWARE ................................ 81,791 81,791 

MAJOR EQUIPMENT, DHRA 

004 PERSONNEL ADMINISTRATION ................................................... 4,042 4,042 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION 

AGENCY 

026 VEHICLES .......................................................................................... 118 118 

027 OTHER MAJOR EQUIPMENT ......................................................... 12,681 12,681 

MAJOR EQUIPMENT, DODEA 

023 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ......... 2,963 2,963 

MAJOR EQUIPMENT, DMACT 


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135 STAT. 2266 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

022 MAJOR EQUIPMENT ....................................................................... 8,498 8,498 

CLASSIFIED PROGRAMS 

9999 CLASSIFIED PROGRAMS ................................................................ 635,338 635,338 

AVIATION PROGRAMS 

052 ARMED OVERWATCH/TARGETING .............................................. 170,000 166,000 

Unit cost growth ................................................................................. [–4,000 ] 

053 MANNED ISR ..................................................................................... 2,500 2,500 

054 MC–12 .................................................................................................. 2,250 2,250 

055 MH–60 BLACKHAWK ....................................................................... 29,900 29,900 

056 ROTARY WING UPGRADES AND SUSTAINMENT ..................... 202,278 202,278 

057 UNMANNED ISR ............................................................................... 55,951 55,951 

058 NON-STANDARD AVIATION ........................................................... 3,282 3,282 

059 U–28 ..................................................................................................... 4,176 4,176 

060 MH–47 CHINOOK .............................................................................. 130,485 130,485 

061 CV–22 MODIFICATION .................................................................... 41,762 47,572 

SOCOM UFR—CV–22 reliability acceleration ................................. [5,810 ] 

062 MQ–9 UNMANNED AERIAL VEHICLE ......................................... 8,020 8,020 

063 PRECISION STRIKE PACKAGE ..................................................... 165,224 165,224 

064 AC/MC–130J ....................................................................................... 205,216 205,216 

065 C–130 MODIFICATIONS .................................................................. 13,373 13,373 

SHIPBUILDING 

066 UNDERWATER SYSTEMS ............................................................... 17,227 23,327 

SOCOM UFR—Combat diving advanced equipment acceleration [5,200 ] 

SOCOM UFR—Modernized forward look sonar ............................... [900 ] 

AMMUNITION PROGRAMS 

067 ORDNANCE ITEMS <$5M ................................................................ 168,072 168,072 

OTHER PROCUREMENT PROGRAMS 

068 INTELLIGENCE SYSTEMS ............................................................. 131,889 131,889 

069 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........ 5,991 5,991 

070 OTHER ITEMS <$5M ........................................................................ 62,722 62,722 

071 COMBATANT CRAFT SYSTEMS .................................................... 17,080 17,080 

072 SPECIAL PROGRAMS ....................................................................... 44,351 75,531 

SOCOM UFR—Medium fixed wing mobility modifications ............ [31,180 ] 

073 TACTICAL VEHICLES ...................................................................... 26,806 26,806 

074 WARRIOR SYSTEMS <$5M .............................................................. 284,548 294,548 

Radio integration system program upgrade ..................................... [10,000 ] 

075 COMBAT MISSION REQUIREMENTS ........................................... 27,513 27,513 

077 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 20,252 20,252 

078 OPERATIONAL ENHANCEMENTS ................................................ 328,569 389,872 

SOCOM UFR—Armored ground mobility systems acceleration ..... [33,303 ] 

SOCOM UFR—Fused panoramic night vision goggles acceleration [28,000 ] 

CBDP 

079 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ........... 167,918 167,918 

080 CB PROTECTION & HAZARD MITIGATION ................................ 189,265 183,884 

TATPE excess growth ......................................................................... [–5,381 ] 

TOTAL PROCUREMENT, DEFENSE-WIDE ............................. 5,548,212 5,924,303 

NATIONAL GUARD AND RESERVE EQUIPMENT 

UNDISTRIBUTED 

001 MISCELLANEOUS EQUIPMENT .................................................... 950,000 

Program increase ................................................................................ [950,000 ] 

TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT 950,000 

TOTAL PROCUREMENT ............................................................... 132,205,078 146,884,599 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2267 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY 

BASIC RESEARCH 

001 0601102A DEFENSE RESEARCH SCIENCES ........................... 297,241 328,788 

Program increase .......................................................... [22,047 ] 

Program increase—digital thread for advanced manufacturing.[5,000 ] 

Program increase—lightweight high entropy metallic 

alloy discovery.

[3,000 ] 

Program increase—unmanned aerial systems hybrid 

propulsion.

[1,500 ] 

002 0601103A UNIVERSITY RESEARCH INITIATIVES ................. 66,981 96,981 

Program increase—defense university research instrumentation program.[30,000 ] 

003 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS.94,003 103,003 

Program increase—biotechnology advancements ....... [4,000 ] 

SMART and cognitive research for RF/radar ............. [5,000 ] 

004 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,067 5,067 

005 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE 

LEARNING BASIC RESEARCH.

10,183 15,183 

Program increase—extreme events in structurally 

evolving materials.

[5,000 ] 

SUBTOTAL BASIC RESEARCH ............................. 473,475 549,022 

APPLIED RESEARCH 

006 0602115A BIOMEDICAL TECHNOLOGY ................................... 11,925 11,925 

007 0602134A COUNTER IMPROVISED-THREAT ADVANCED 

STUDIES.

1,976 1,976 

008 0602141A LETHALITY TECHNOLOGY ...................................... 64,126 65,126 

CPF—research and development of next generation 

explosives and propellants.

[1,000 ] 

009 0602142A ARMY APPLIED RESEARCH ..................................... 28,654 28,654 

010 0602143A SOLDIER LETHALITY TECHNOLOGY .................... 105,168 115,168 

Program increase—Pathfinder air assault .................. [10,000 ] 

011 0602144A GROUND TECHNOLOGY ........................................... 56,400 105,400 

Additive manufacturing materials ............................... [8,000 ] 

CPF—Army Research Lab (ARL) Additive Manufacturing/Machine Learning (AM/ML) Initiative.[5,000 ] 

Military footwear research ........................................... [2,500 ] 

Modeling enabled multifunctional materials development (MEMMD).[6,000 ] 

Program increase—advanced manufacturing materials processes initiative.[10,000 ] 

Program increase—advanced polymers for force protection.[8,000 ] 

Program increase—ceramic materials for extreme 

environments.

[2,500 ] 

Program increase—earthen structures soil enhancement.[3,000 ] 

Program increase—polar proving ground and training program.[2,000 ] 

Program increase—verified inherent control .............. [2,000 ] 

012 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY.172,166 192,666 

CPF—high-efficiency truck users forum (HTUF) ....... [2,500 ] 

CPF—structural thermoplastics large-scale low-cost 

tooling solutions.

[4,500 ] 

Light detection and ranging (LiDAR) technology ....... [2,500 ] 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2268 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

Program increase—prototyping energy smart autonomous ground systems.[8,000 ] 

Tactical behaviors for autonomous maneuver ............ [3,000 ] 

013 0602146A NETWORK C3I TECHNOLOGY ................................. 84,606 120,406 

Alternative PNT ............................................................ [8,000 ] 

CPF—future nano- and micro-fabrication - Advanced 

Materials Engineering Research Institute.

[6,800 ] 

CPF—multiple drone, multiple sensor ISR capabilities.[5,000 ] 

Distributed radio frequency sensor/effector technology for strategic defense.[8,000 ] 

Intelligent electronic protection technologies ............. [6,000 ] 

UAS sensor research ..................................................... [2,000 ] 

014 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 64,285 67,285 

Program increase—novel printed armaments components.[3,000 ] 

015 0602148A FUTURE VERTICLE LIFT TECHNOLOGY .............. 91,411 91,411 

016 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY ....... 19,316 72,566 

Advancement of critical HEL technologies ................. [10,000 ] 

Counter-UAS applied research .................................... [5,000 ] 

Cyber electromagnetic (CEMA) missile defender ....... [15,000 ] 

High energy laser integration ...................................... [10,000 ] 

Program increase—kill chain automation ................... [8,000 ] 

Program increase—precision long range integrated 

strike.

[5,250 ] 

017 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE 

LEARNING TECHNOLOGIES.

15,034 15,034 

018 0602181A ALL DOMAIN CONVERGENCE APPLIED RESEARCH.25,967 25,967 

019 0602182A C3I APPLIED RESEARCH .......................................... 12,406 12,406 

020 0602183A AIR PLATFORM APPLIED RESEARCH ................... 6,597 16,597 

High density eVTOL power source .............................. [10,000 ] 

021 0602184A SOLDIER APPLIED RESEARCH ............................... 11,064 11,064 

022 0602213A C3I APPLIED CYBER .................................................. 12,123 12,123 

023 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED 

RESEARCH.

20,643 20,643 

024 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY.18,701 18,701 

025 0602787A MEDICAL TECHNOLOGY .......................................... 91,720 95,720 

CPF—human performance optimization (HPO) center.[2,000 ] 

CPF—suicide prevention with focus on rural, remote, isolated, and OCONUS locations.[2,000 ] 

SUBTOTAL APPLIED RESEARCH ....................... 914,288 1,100,838 

ADVANCED TECHNOLOGY DEVELOPMENT 

026 0603002A MEDICAL ADVANCED TECHNOLOGY ................... 43,804 43,804 

027 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.

14,273 14,273 

028 0603025A ARMY AGILE INNOVATION AND DEMONSTRATION.22,231 22,231 

029 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE 

LEARNING ADVANCED TECHNOLOGIES.

909 909 

030 0603041A ALL DOMAIN CONVERGENCE ADVANCED 

TECHNOLOGY.

17,743 17,743 

031 0603042A C3I ADVANCED TECHNOLOGY ............................... 3,151 3,151 

032 0603043A AIR PLATFORM ADVANCED TECHNOLOGY ........ 754 754 

033 0603044A SOLDIER ADVANCED TECHNOLOGY .................... 890 890 

034 0603115A MEDICAL DEVELOPMENT ....................................... 26,521 26,521 

035 0603116A LETHALITY ADVANCED TECHNOLOGY ............... 8,066 8,066 

036 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT.76,815 76,815 

037 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY.107,966 115,966 

Program increase .......................................................... [8,000 ] 

038 0603119A GROUND ADVANCED TECHNOLOGY .................... 23,403 68,403 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2269 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

Additive manufacturing capabilities for austere operating environments.[14,000 ] 

CPF—military operations in a permafrost environment.[3,000 ] 

Ground advanced technology—3D printed structures [2,000 ] 

Polar research and testing ........................................... [4,000 ] 

Program increase—3D printing of infrastructure ...... [5,000 ] 

Program increase—cold weather research .................. [2,000 ] 

Program increase—entry control points at installations.[5,000 ] 

Program increase—graphene applications for military engineering.[2,000 ] 

Program increase—rapid entry and sustainment for 

the arctic.

[8,000 ] 

039 0603134A COUNTER IMPROVISED-THREAT SIMULATION 24,747 24,747 

040 0603386A BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH.53,736 53,736 

041 0603457A C3I CYBER ADVANCED DEVELOPMENT .............. 31,426 31,426 

042 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.189,123 229,123 

Program increase .......................................................... [40,000 ] 

043 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY.164,951 179,951 

Cyber and connected vehicle integration research ..... [3,500 ] 

Program increase—combat vehicle lithium 6T battery development.[1,500 ] 

Robotics development .................................................... [5,000 ] 

Vehicle cyber security research .................................... [5,000 ] 

044 0603463A NETWORK C3I ADVANCED TECHNOLOGY .......... 155,867 161,867 

C3I assured position, navigation, and timing technology.[4,000 ] 

Command post modernization ..................................... [2,000 ] 

045 0603464A LONG RANGE PRECISION FIRES ADVANCED 

TECHNOLOGY.

93,909 113,909 

Missile effects planning tool development .................. [10,000 ] 

Project AG5 .................................................................... [10,000 ] 

046 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY.179,677 187,677 

Program increase—20mm chaingun development for 

FLARA.

[8,000 ] 

047 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY.48,826 68,826 

Program increase—armored combat vehicle HEL integration.[10,000 ] 

Program increase—missile MENTOR ......................... [10,000 ] 

048 0603920A HUMANITARIAN DEMINING ................................... 8,649 8,649 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.1,297,437 1,459,437 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

049 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION.11,702 25,702 

Electro-magnetic denial and protect ............................ [6,000 ] 

PNT resiliency lab ......................................................... [8,000 ] 

050 0603308A ARMY SPACE SYSTEMS INTEGRATION ................ 18,755 20,755 

Program increase—multi-function and multi-mission 

payload.

[2,000 ] 

051 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING.

5,000 

Program increase—machine learning for integrated 

fires.

[5,000 ] 

052 0603619A LANDMINE WARFARE AND BARRIER—ADV 

DEV.

50,314 48,814 

Test and evaluation excess ........................................... [–1,500 ] 

053 0603639A TANK AND MEDIUM CALIBER AMMUNITION .... 79,873 77,373 

Testing excess ................................................................ [–2,500 ] 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2270 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

054 0603645A ARMORED SYSTEM MODERNIZATION—ADV 

DEV.

170,590 166,590 

Excess to need ............................................................... [–4,000 ] 

055 0603747A SOLDIER SUPPORT AND SURVIVABILITY ........... 2,897 2,897 

056 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV.113,365 113,365 

057 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT.18,000 21,804 

Soldier maneuver sensors adv dev lethality smart 

system—Army UPL.

[3,804 ] 

058 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY— 

DEM/VAL.

11,921 11,921 

059 0603790A NATO RESEARCH AND DEVELOPMENT ............... 3,777 3,777 

060 0603801A AVIATION—ADV DEV ................................................ 1,125,641 1,134,141 

Excess to need ............................................................... [–24,500 ] 

Program increase—FLRAA .......................................... [33,000 ] 

061 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV 

DEV.

7,055 7,055 

062 0603807A MEDICAL SYSTEMS—ADV DEV .............................. 22,071 22,071 

063 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT.17,459 17,459 

064 0604017A ROBOTICS DEVELOPMENT ...................................... 87,198 75,048 

Excess carryover ............................................................ [–7,150 ] 

Unjustified growth—other support costs ..................... [–5,000 ] 

065 0604019A EXPANDED MISSION AREA MISSILE (EMAM) ..... 50,674 43,674 

IFPC-HEL late contract award .................................... [–7,000 ] 

067 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY.19,638 19,638 

068 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV 

DEV.

50,548 50,548 

069 0604037A TACTICAL INTEL TARGETING ACCESS NODE 

(TITAN) ADV DEV.

28,347 28,347 

070 0604100A ANALYSIS OF ALTERNATIVES ................................ 10,091 10,091 

071 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) 

(6.4).

926 926 

072 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 

SYSTEM (FTUAS).

69,697 75,697 

Army UFR—Acceleration of FTUAS ........................... [6,000 ] 

073 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) 

SENSOR.

327,690 307,567 

Long term power and support costs ahead of need .... [–20,123 ] 

074 0604115A TECHNOLOGY MATURATION INITIATIVES ......... 270,124 180,324 

Insufficient justification ................................................ [–80,000 ] 

Program decrease .......................................................... [–9,800 ] 

075 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (MSHORAD).39,376 39,376 

076 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING.189,483 189,483 

077 0604120A ASSURED POSITIONING, NAVIGATION AND 

TIMING (PNT).

96,679 96,679 

078 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING.194,195 196,795 

Prior-year carryover ...................................................... [–2,000 ] 

Program increase—multi-sensor terrain data capture 

and processing.

[4,600 ] 

079 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND 

TESTING.

13,379 13,379 

080 0604182A HYPERSONICS ............................................................ 300,928 300,928 

081 0604403A FUTURE INTERCEPTOR ........................................... 7,895 7,895 

082 0604531A COUNTER—SMALL UNMANNED AIRCRAFT 

SYSTEMS ADVANCED DEVELOPMENT.

19,148 19,148 

083 0604541A UNIFIED NETWORK TRANSPORT .......................... 35,409 35,409 

084 0604644A MOBILE MEDIUM RANGE MISSILE ....................... 286,457 286,457 

085 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4).2,040 2,040 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2271 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

086 0305251A CYBERSPACE OPERATIONS FORCES AND 

FORCE SUPPORT.

52,988 52,988 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.3,806,330 3,711,161 

SYSTEM DEVELOPMENT & DEMONSTRATION 

089 0604201A AIRCRAFT AVIONICS ................................................. 6,654 6,654 

090 0604270A ELECTRONIC WARFARE DEVELOPMENT ............ 30,840 26,440 

Early to need ................................................................. [–4,400 ] 

091 0604601A INFANTRY SUPPORT WEAPONS ............................. 67,873 72,873 

Program increase—turret gunner survivability and 

simulation environment.

[5,000 ] 

092 0604604A MEDIUM TACTICAL VEHICLES .............................. 11,374 11,374 

093 0604611A JAVELIN ....................................................................... 7,094 7,094 

094 0604622A FAMILY OF HEAVY TACTICAL VEHICLES ........... 31,602 30,077 

Leader/follower test support ahead of need ................ [–1,525 ] 

095 0604633A AIR TRAFFIC CONTROL ............................................ 4,405 4,405 

096 0604642A LIGHT TACTICAL WHEELED VEHICLES .............. 2,055 7,655 

Army UFR—Electric light reconnaissance vehicle ..... [5,600 ] 

097 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)— 

ENG DEV.

137,256 135,506 

Government support excess .......................................... [–1,750 ] 

098 0604710A NIGHT VISION SYSTEMS—ENG DEV ..................... 62,690 112,690 

Transfer from Other Procurement, Army line 83 ...... [50,000 ] 

099 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT.1,658 1,658 

100 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ... 26,540 26,540 

101 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.59,518 59,518 

102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT.22,331 22,331 

103 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 8,807 8,807 

104 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS 

(DIS)—ENG DEV.

7,453 7,453 

107 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION.21,534 21,534 

108 0604802A WEAPONS AND MUNITIONS—ENG DEV .............. 309,778 306,722 

C-DAEM overestimation ............................................... [–3,056 ] 

109 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG 

DEV.

59,261 52,261 

Excess carryover ............................................................ [–7,000 ] 

110 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV.20,121 20,121 

111 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL 

DEFENSE EQUIPMENT—ENG DEV.

44,424 44,424 

112 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ........ 14,137 9,137 

Insufficient justification ................................................ [–5,000 ] 

113 0604818A ARMY TACTICAL COMMAND & CONTROL 

HARDWARE & SOFTWARE.

162,704 162,704 

114 0604820A RADAR DEVELOPMENT ............................................ 127,919 127,919 

115 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS).17,623 17,623 

117 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ............ 6,454 6,454 

118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 

SYSTEMS—EMD.

106,354 127,354 

Army UFR—Active protection systems for Bradley 

and Stryker.

[21,000 ] 

120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 120,168 

GFIM unjustified growth .............................................. [–2,000 ] 

121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEMARMY (IPPS-A).76,936 58,736 

Program decrease .......................................................... [–18,200 ] 

122 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) ... 35,560 35,560 

124 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ..... 16,364 16,364 

125 0605031A JOINT TACTICAL NETWORK (JTN) ........................ 28,954 28,954 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2272 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

128 0605035A COMMON INFRARED COUNTERMEASURES 

(CIRCM).

16,630 16,630 

130 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR 

SUITE.

7,618 7,618 

131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ......... 18,892 13,892 

Cyber situational understanding reduction ................ [–5,000 ] 

132 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOWTIER).28,849 28,849 

133 0605047A CONTRACT WRITING SYSTEM ................................ 22,960 20,960 

Program reduction ........................................................ [–2,000 ] 

135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ....... 65,603 65,603 

136 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 

2—BLOCK 1.

233,512 233,512 

137 0605053A GROUND ROBOTICS .................................................. 18,241 18,241 

138 0605054A EMERGING TECHNOLOGY INITIATIVES .............. 254,945 254,945 

139 0605143A BIOMETRICS ENABLING CAPABILITY (BEC) ....... 4,326 4,326 

140 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM ... 15,616 15,616 

141 0605145A MEDICAL PRODUCTS AND SUPPORT SYSTEMS 

DEVELOPMENT.

962 962 

142 0605148A TACTICAL INTEL TARGETING ACCESS NODE 

(TITAN) EMD.

54,972 54,972 

143 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION.122,175 122,175 

144 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) 

(6.5).

2,275 2,275 

145 0605224A MULTI-DOMAIN INTELLIGENCE ............................ 9,313 9,313 

146 0605225A SIO CAPABILITY DEVELOPMENT .......................... 22,713 22,713 

147 0605231A PRECISION STRIKE MISSILE (PRSM) .................... 188,452 188,452 

148 0605232A HYPERSONICS EMD .................................................. 111,473 111,473 

149 0605233A ACCESSIONS INFORMATION ENVIRONMENT 

(AIE).

18,790 18,790 

150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ............. 2,134 2,134 

151 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD).157,873 157,873 

152 0605531A COUNTER—SMALL UNMANNED AIRCRAFT 

SYSTEMS SYS DEV & DEMONSTRATION.

33,386 33,386 

153 0605625A MANNED GROUND VEHICLE .................................. 225,106 203,106 

Excess carryover ............................................................ [–10,000 ] 

Unjustified growth—other support costs ..................... [–7,000 ] 

Unjustified growth—program management ................ [–5,000 ] 

154 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 14,454 14,454 

155 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH.

2,564 2,564 

156 0605830A AVIATION GROUND SUPPORT EQUIPMENT ....... 1,201 1,201 

157 0303032A TROJAN—RH12 ........................................................... 3,362 3,362 

161 0304270A ELECTRONIC WARFARE DEVELOPMENT ............ 75,520 75,520 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.3,392,358 3,402,027 

MANAGEMENT SUPPORT 

162 0604256A THREAT SIMULATOR DEVELOPMENT .................. 18,439 18,439 

163 0604258A TARGET SYSTEMS DEVELOPMENT ....................... 17,404 17,404 

164 0604759A MAJOR T&E INVESTMENT ....................................... 68,139 68,139 

165 0605103A RAND ARROYO CENTER ........................................... 33,126 33,126 

166 0605301A ARMY KWAJALEIN ATOLL ....................................... 240,877 240,877 

167 0605326A CONCEPTS EXPERIMENTATION PROGRAM ........ 79,710 79,710 

169 0605601A ARMY TEST RANGES AND FACILITIES ................. 354,227 354,227 

170 0605602A ARMY TECHNICAL TEST INSTRUMENTATION 

AND TARGETS.

49,253 49,253 

171 0605604A SURVIVABILITY/LETHALITY ANALYSIS ............... 36,389 36,389 

172 0605606A AIRCRAFT CERTIFICATION ..................................... 2,489 2,489 

173 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES.6,689 6,689 

174 0605706A MATERIEL SYSTEMS ANALYSIS ............................. 21,558 21,558 

175 0605709A EXPLOITATION OF FOREIGN ITEMS ..................... 13,631 13,631 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2273 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

176 0605712A SUPPORT OF OPERATIONAL TESTING ................. 55,122 55,122 

177 0605716A ARMY EVALUATION CENTER ................................. 65,854 65,854 

178 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG.2,633 2,633 

179 0605801A PROGRAMWIDE ACTIVITIES ................................... 96,589 96,589 

180 0605803A TECHNICAL INFORMATION ACTIVITIES ............. 26,808 26,808 

181 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY.43,042 48,042 

Program increase—polymer case ammunition ........... [5,000 ] 

182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 

MGMT SUPPORT.

1,789 1,789 

183 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D 

- MHA.

52,108 52,108 

185 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE.80,952 80,952 

186 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION.5,363 5,363 

187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES ............... 39,041 39,041 

188 0606942A ASSESSMENTS AND EVALUATIONS CYBER 

VULNERABILITIES.

5,466 5,466 

SUBTOTAL MANAGEMENT SUPPORT ............... 1,416,698 1,421,698 

OPERATIONAL SYSTEMS DEVELOPMENT 

UNDISTRIBUTED 

190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ....... 12,314 12,314 

191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT .............. 8,868 8,868 

192 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.22,828 30,828 

Agile manufacturing for advanced armament systems.[8,000 ] 

194 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM.4,773 4,773 

195 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 52,372 70,372 

CH–47 Chinook cargo on/off loading system .............. [8,000 ] 

Program increase—T55–714C acceleration ................. [10,000 ] 

196 0607139A IMPROVED TURBINE ENGINE PROGRAM ............ 275,024 315,024 

Army improved turbine engine program ..................... [40,000 ] 

197 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT.12,417 12,417 

198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 

PRODUCTS.

4,594 4,594 

199 0607145A APACHE FUTURE DEVELOPMENT ........................ 10,067 25,067 

Program increase .......................................................... [15,000 ] 

200 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM.56,681 56,681 

201 0607150A INTEL CYBER DEVELOPMENT ............................... 3,611 12,471 

Army UFR—Cyber-Info Dominance Center ................ [8,860 ] 

202 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 28,029 28,029 

203 0607313A ELECTRONIC WARFARE DEVELOPMENT ............ 5,673 5,673 

204 0607665A FAMILY OF BIOMETRICS ......................................... 1,178 1,178 

205 0607865A PATRIOT PRODUCT IMPROVEMENT ..................... 125,932 125,932 

206 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS).25,547 25,547 

207 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 211,523 276,523 

Program increase—Abrams modernization ................ [65,000 ] 

208 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS.213,281 208,136 

Excess carryover ............................................................ [–5,145 ] 

210 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM.132 132 

211 0203758A DIGITIZATION ............................................................. 3,936 3,936 

212 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM.127 127 

213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 

PROGRAMS.

10,265 10,265 

214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY— 

OPERATIONAL SYSTEM DEV.

262 262 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2274 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

215 0205456A LOWER TIER AIR AND MISSILE DEFENSE 

(AMD) SYSTEM.

182 182 

216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM 

(GMLRS).

63,937 63,937 

217 0208053A JOINT TACTICAL GROUND SYSTEM ..................... 13,379 13,379 

219 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ...... 24,531 24,531 

220 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 15,720 11,720 

Carryover ....................................................................... [–4,000 ] 

221 0303141A GLOBAL COMBAT SUPPORT SYSTEM ................... 52,739 61,739 

Army UFR—ERP convergence/modernization ............ [9,000 ] 

222 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ....... 15,247 15,247 

226 0305179A INTEGRATED BROADCAST SERVICE (IBS) .......... 5,430 5,430 

227 0305204A TACTICAL UNMANNED AERIAL VEHICLES ........ 8,410 8,410 

228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS ............ 24,460 24,460 

233 0307665A BIOMETRICS ENABLED INTELLIGENCE .............. 2,066 2,066 

234 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES.61,720 76,720 

Digital night vision cameras ........................................ [15,000 ] 

SUBTOTAL UNDISTRIBUTED ............................... 169,715 

999 9999999999 CLASSIFIED PROGRAMS .......................................... 2,993 2,993 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.1,380,248 1,549,963 

SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS 

237 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE 

DEVELOPMENT.

118,811 118,811 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.118,811 118,811 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, ARMY.

12,799,645 13,312,957 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

NAVY 

BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES ................. 117,448 167,448 

Defense university research instrumentation program.[20,000 ] 

University research programs ...................................... [30,000 ] 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH.23,399 

Program increase .......................................................... [23,399 ] 

003 0601153N DEFENSE RESEARCH SCIENCES ........................... 484,421 489,406 

CPF—Digital twins for Navy maintenance ................ [1,985 ] 

Program increase .......................................................... [3,000 ] 

SUBTOTAL BASIC RESEARCH ............................. 601,869 680,253 

APPLIED RESEARCH 

004 0602114N POWER PROJECTION APPLIED RESEARCH ........ 23,013 31,013 

Program increase—multi-mission UAV-borne electronic attack.[8,000 ] 

005 0602123N FORCE PROTECTION APPLIED RESEARCH ......... 122,888 138,388 

Relative positioning of autonomous platforms ............ [3,000 ] 

Resilient Innovative Sustainable Economies via University Partnerships (RISE-UP).[2,000 ] 

Talent and technology for Navy power and energy 

systems.

[10,500 ] 

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY.51,112 58,612 

Program increase—unmanned logistics solutions ...... [7,500 ] 

007 0602235N COMMON PICTURE APPLIED RESEARCH ............ 51,477 51,477 

008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH.70,547 78,547 

Anti-corrosion nanotechnologies .................................. [3,000 ] 

High mobility ground robots to assist dismounted infantry in urban operations.[5,000 ] 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2275 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH.85,157 85,157 

010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH.70,086 70,086 

011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH.6,405 6,405 

012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ....... 57,484 98,984 

Academic partnerships for undersea vehicle research 

and manufacturing.

[16,500 ] 

Continuous distributed sensing systems ..................... [4,000 ] 

CPF—connected AI for autonomous UUV systems .... [5,000 ] 

CPF—persistent maritime surveillance ...................... [5,000 ] 

Program increase—undersea warfare applied research ocean aero.[11,000 ] 

013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH.173,356 193,356 

Program increase—long endurance, autonomous mobile acoustic detection systems.[20,000 ] 

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH.32,160 32,160 

015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH.152,976 152,976 

016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT— 

ONR FIELD ACITIVITIES.

79,254 79,254 

SUBTOTAL APPLIED RESEARCH ....................... 975,915 1,076,415 

ADVANCED TECHNOLOGY DEVELOPMENT 

017 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY.21,661 21,661 

018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 

TECHNOLOGY.

8,146 8,146 

019 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD).224,155 274,055 

Marine Corps UFR—Maritime Targeting Cell-Expeditionary.[5,300 ] 

Marine Corps UFR—Unmanned adversary technology investment.[10,000 ] 

Next generation logistics—autonomous littoral connector.[9,600 ] 

Program increase—low-cost atrittable aircraft technology.[25,000 ] 

020 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY 

DEVELOPMENT.

13,429 13,429 

021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 

TECHNOLOGY DEVELOPMENT.

265,299 265,299 

022 0603680N MANUFACTURING TECHNOLOGY PROGRAM ..... 57,236 57,236 

023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY.4,935 4,935 

024 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.47,167 47,167 

025 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY.1,981 1,981 

026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT.133,779 153,779 

Attritable group III ultra-long endurance unmanned 

aircraft for persistent ISR.

[10,000 ] 

Program increase—railgun ........................................... [10,000 ] 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.777,788 847,688 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

027 0603128N UNMANNED AERIAL SYSTEM ................................. 16,879 16,879 

028 0603178N MEDIUM AND LARGE UNMANNED SURFACE 

VEHICLES (USVS).

144,846 102,846 

LUSV integrated combat system early to need .......... [–42,000 ] 

029 0603207N AIR/OCEAN TACTICAL APPLICATIONS ................. 27,849 27,849 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2276 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

030 0603216N AVIATION SURVIVABILITY ...................................... 16,815 16,815 

031 0603239N NAVAL CONSTRUCTION FORCES .......................... 5,290 5,290 

033 0603254N ASW SYSTEMS DEVELOPMENT .............................. 17,612 17,612 

034 0603261N TACTICAL AIRBORNE RECONNAISSANCE ........... 3,111 3,111 

035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY .. 32,310 32,310 

036 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.58,013 58,013 

037 0603506N SURFACE SHIP TORPEDO DEFENSE ..................... 1,862 1,862 

038 0603512N CARRIER SYSTEMS DEVELOPMENT ..................... 7,182 7,182 

039 0603525N PILOT FISH .................................................................. 408,087 408,087 

040 0603527N RETRACT LARCH ........................................................ 44,197 44,197 

041 0603536N RETRACT JUNIPER .................................................... 144,541 144,541 

042 0603542N RADIOLOGICAL CONTROL ....................................... 761 761 

043 0603553N SURFACE ASW ............................................................ 1,144 1,144 

044 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT.99,782 99,782 

045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ..... 14,059 14,059 

046 0603563N SHIP CONCEPT ADVANCED DESIGN .................... 111,590 111,590 

047 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY 

STUDIES.

106,957 106,957 

048 0603570N ADVANCED NUCLEAR POWER SYSTEMS ............ 203,572 203,572 

049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ... 78,122 78,122 

050 0603576N CHALK EAGLE ............................................................ 80,270 80,270 

051 0603581N LITTORAL COMBAT SHIP (LCS) .............................. 84,924 84,924 

052 0603582N COMBAT SYSTEM INTEGRATION ........................... 17,322 17,322 

053 0603595N OHIO REPLACEMENT ................................................ 296,231 303,731 

Program increase—composites development .............. [7,500 ] 

054 0603596N LCS MISSION MODULES .......................................... 75,995 75,995 

055 0603597N AUTOMATED TEST AND RE-TEST (ATRT) ............ 7,805 7,805 

056 0603599N FRIGATE DEVELOPMENT ........................................ 109,459 109,459 

057 0603609N CONVENTIONAL MUNITIONS ................................. 7,296 7,296 

058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 

SYSTEM.

77,065 67,707 

Armored reconnaissance vehicle GFE excess to need [–4,400 ] 

Armored reconnaissance vehicle testing early to 

need.

[–4,958 ] 

059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.34,785 34,785 

060 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT.8,774 8,774 

061 0603721N ENVIRONMENTAL PROTECTION ........................... 20,677 20,677 

062 0603724N NAVY ENERGY PROGRAM ........................................ 33,824 43,824 

AR3P auto refueling system ......................................... [10,000 ] 

063 0603725N FACILITIES IMPROVEMENT .................................... 6,327 6,327 

064 0603734N CHALK CORAL ............................................................ 579,389 579,389 

065 0603739N NAVY LOGISTIC PRODUCTIVITY ............................ 669 669 

066 0603746N RETRACT MAPLE ........................................................ 295,295 295,295 

067 0603748N LINK PLUMERIA ......................................................... 692,280 692,280 

068 0603751N RETRACT ELM ............................................................. 83,904 83,904 

069 0603764M LINK EVERGREEN ..................................................... 221,253 264,453 

Marine Corps UFR—Additional development ............ [43,200 ] 

071 0603790N NATO RESEARCH AND DEVELOPMENT ............... 5,805 5,805 

072 0603795N LAND ATTACK TECHNOLOGY ................................. 4,017 4,017 

073 0603851M JOINT NON-LETHAL WEAPONS TESTING ........... 29,589 29,589 

074 0603860N JOINT PRECISION APPROACH AND LANDING 

SYSTEMS—DEM/VAL.

24,450 24,450 

075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON 

SYSTEMS.

81,803 81,803 

076 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 48,793 48,793 

077 0604027N DIGITAL WARFARE OFFICE .................................... 46,769 55,752 

Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control 

(JADC2).

[8,983 ] 

078 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 

VEHICLES.

84,676 84,676 

079 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES.59,299 59,299 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2277 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

081 0604031N LARGE UNMANNED UNDERSEA VEHICLES ....... 88,063 81,407 

Contract award excess to need ..................................... [–6,656 ] 

082 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT 

CARRIER (CVN 78—80).

121,509 121,509 

083 0604126N LITTORAL AIRBORNE MCM ..................................... 18,669 15,187 

COBRA Block II early to need ..................................... [–3,482 ] 

084 0604127N SURFACE MINE COUNTERMEASURES ................. 13,655 13,655 

085 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).33,246 33,246 

086 0604289M NEXT GENERATION LOGISTICS ............................. 1,071 1,071 

087 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) ... 9,825 9,825 

088 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 6,555 6,555 

089 0604454N LX (R) ............................................................................. 3,344 3,344 

090 0604536N ADVANCED UNDERSEA PROTOTYPING ............... 58,473 51,283 

Test and evaluation excess to need ............................. [–7,190 ] 

091 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (CUAS).5,529 5,529 

092 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT 

PROGRAM.

97,944 97,944 

093 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.9,340 9,340 

094 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT.127,756 104,756 

Project 3343 lack of program justification .................. [–23,000 ] 

095 0605512N MEDIUM UNMANNED SURFACE VEHICLES 

(MUSVS)).

60,028 60,028 

096 0605513N UNMANNED SURFACE VEHICLE ENABLING 

CAPABILITIES.

170,838 123,838 

USV machinery qualification insufficient justification.[–47,000 ] 

097 0605514M GROUND BASED ANTI-SHIP MISSILE 

(MARFORRES).

102,716 102,716 

098 0605516M LONG RANGE FIRES (MARFORRES) ...................... 88,479 88,479 

099 0605518N CONVENTIONAL PROMPT STRIKE (CPS) ............. 1,372,340 1,498,340 

Navy UFR—Additional CPS development .................. [126,000 ] 

100 0303354N ASW SYSTEMS DEVELOPMENT—MIP ................... 8,571 8,571 

101 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT 

SYSTEM.

16,204 23,204 

Program increase—K-max unmanned logistics system.[7,000 ] 

102 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 506 506 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.7,077,987 7,141,984 

SYSTEM DEVELOPMENT & DEMONSTRATION 

103 0603208N TRAINING SYSTEM AIRCRAFT ................................ 5,864 5,864 

104 0604212N OTHER HELO DEVELOPMENT ................................ 56,444 49,312 

Attack and utility replacement aircraft excess studies and analysis.[–7,132 ] 

105 0604214M AV–8B AIRCRAFT—ENG DEV ................................... 10,146 10,146 

106 0604215N STANDARDS DEVELOPMENT .................................. 4,082 4,082 

107 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT.46,418 54,418 

Program increase—MH–60 modernization ................. [8,000 ] 

108 0604221N P–3 MODERNIZATION PROGRAM ........................... 579 579 

109 0604230N WARFARE SUPPORT SYSTEM ................................. 10,167 10,167 

110 0604231N COMMAND AND CONTROL SYSTEMS ................... 122,913 122,913 

111 0604234N ADVANCED HAWKEYE .............................................. 386,860 386,860 

112 0604245M H–1 UPGRADES ........................................................... 50,158 50,158 

113 0604261N ACOUSTIC SEARCH SENSORS ................................ 46,066 46,066 

114 0604262N V–22A ............................................................................. 107,984 107,984 

115 0604264N AIR CREW SYSTEMS DEVELOPMENT ................... 22,746 22,746 

116 0604269N EA–18 ............................................................................. 68,425 68,425 

117 0604270N ELECTRONIC WARFARE DEVELOPMENT ............ 139,535 136,593 

Dual band decoy previously funded ............................. [–2,942 ] 

118 0604273M EXECUTIVE HELO DEVELOPMENT ....................... 45,932 45,932 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2278 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

119 0604274N NEXT GENERATION JAMMER (NGJ) ..................... 243,923 235,423 

Test and evaluation delays ........................................... [–8,500 ] 

120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRSNAVY).234,434 243,417 

Navy tactical grid development for JADC2 ................ [8,983 ] 

121 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II.248,096 230,100 

Contract delays .............................................................. [–17,996 ] 

122 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING.371,575 371,575 

123 0604311N LPD–17 CLASS SYSTEMS INTEGRATION .............. 904 904 

124 0604329N SMALL DIAMETER BOMB (SDB) ............................. 46,769 46,769 

125 0604366N STANDARD MISSILE IMPROVEMENTS ................. 343,511 343,511 

126 0604373N AIRBORNE MCM ......................................................... 10,881 10,881 

127 0604378N NAVAL INTEGRATED FIRE CONTROL— 

COUNTER AIR SYSTEMS ENGINEERING.

46,121 52,621 

Program increase—stratospheric balloons .................. [6,500 ] 

128 0604419N ADVANCED SENSORS APPLICATION PROGRAM 

(ASAP).

15,000 

Program increase .......................................................... [15,000 ] 

129 0604501N ADVANCED ABOVE WATER SENSORS .................. 77,852 77,852 

130 0604503N SSN–688 AND TRIDENT MODERNIZATION .......... 95,693 95,693 

131 0604504N AIR CONTROL .............................................................. 27,499 27,499 

132 0604512N SHIPBOARD AVIATION SYSTEMS .......................... 8,924 8,924 

133 0604518N COMBAT INFORMATION CENTER CONVERSION 11,631 11,631 

134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) 

SYSTEM.

96,556 96,556 

135 0604530N ADVANCED ARRESTING GEAR (AAG) .................... 147 147 

136 0604558N NEW DESIGN SSN ...................................................... 503,252 603,252 

SSN Block VI design and advanced capabilities ........ [100,000 ] 

137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ........ 62,115 62,115 

138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E .......... 54,829 54,829 

139 0604574N NAVY TACTICAL COMPUTER RESOURCES .......... 4,290 4,290 

140 0604601N MINE DEVELOPMENT ............................................... 76,027 65,646 

Encapsulated effector contract delays ......................... [–10,381 ] 

141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT .......... 94,386 94,386 

142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.8,348 8,348 

143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 

SYSTEMS—ENG DEV.

42,144 42,144 

144 0604703N PERSONNEL, TRAINING, SIMULATION, AND 

HUMAN FACTORS.

7,375 7,375 

146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ...... 149,433 149,433 

147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ..... 87,862 84,488 

Project 0173 MK9 CWTI replacement delay ............... [–3,374 ] 

148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 69,006 69,006 

149 0604761N INTELLIGENCE ENGINEERING .............................. 20,684 20,684 

150 0604771N MEDICAL DEVELOPMENT ....................................... 3,967 11,467 

Program increase—autonomous aerial technology for 

distributed logistics.

[7,500 ] 

151 0604777N NAVIGATION/ID SYSTEM ......................................... 48,837 48,837 

152 0604800M JOINT STRIKE FIGHTER (JSF)—EMD .................... 577 577 

153 0604800N JOINT STRIKE FIGHTER (JSF)—EMD .................... 262 262 

154 0604850N SSN(X) ............................................................................ 29,829 29,829 

155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277 

156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 239,892 

Contract writing systems reduction ............................ [–3,936 ] 

157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT .............. 8,426 8,426 

158 0605180N TACAMO MODERNIZATION ..................................... 150,592 90,472 

Unjustified air vehicle acquisition strategy ................ [–60,120 ] 

159 0605212M CH–53K RDTE .............................................................. 256,903 256,903 

160 0605215N MISSION PLANNING .................................................. 88,128 88,128 

161 0605217N COMMON AVIONICS .................................................. 60,117 92,017 

Marine Corps UFR—MANGL Digital Interoperability.[31,900 ] 

162 0605220N SHIP TO SHORE CONNECTOR (SSC) ...................... 6,320 6,320 

163 0605327N T-AO 205 CLASS .......................................................... 4,336 4,336 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2279 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

164 0605414N UNMANNED CARRIER AVIATION (UCA) ............... 268,937 268,937 

165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) ............. 356 356 

166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ... 27,279 27,279 

167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT 

III.

173,784 173,784 

168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM 

DEVELOPMENT & DEMONSTRATION.

80,709 80,709 

169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION.2,005 2,005 

170 0204202N DDG–1000 ...................................................................... 112,576 112,576 

174 0304785N ISR & INFO OPERATIONS ......................................... 136,140 133,781 

Program decrease .......................................................... [–2,359 ] 

175 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT.26,318 26,318 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.5,910,089 5,971,232 

MANAGEMENT SUPPORT 

176 0604256N THREAT SIMULATOR DEVELOPMENT .................. 20,862 20,862 

177 0604258N TARGET SYSTEMS DEVELOPMENT ....................... 12,113 12,113 

178 0604759N MAJOR T&E INVESTMENT ....................................... 84,617 84,617 

179 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ........ 3,108 3,108 

180 0605154N CENTER FOR NAVAL ANALYSES ........................... 38,590 38,590 

183 0605804N TECHNICAL INFORMATION SERVICES ................ 934 934 

184 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT.93,966 93,966 

185 0605856N STRATEGIC TECHNICAL SUPPORT ....................... 3,538 3,538 

186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ............... 135,149 135,149 

187 0605864N TEST AND EVALUATION SUPPORT ....................... 429,277 429,277 

188 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY.24,872 24,872 

189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 

(SEW) SUPPORT.

17,653 17,653 

190 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT.8,065 8,065 

191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ....... 47,042 44,042 

Wargaming capability project restructured ................ [–3,000 ] 

192 0605898N MANAGEMENT HQ—R&D ......................................... 35,614 35,614 

193 0606355N WARFARE INNOVATION MANAGEMENT ............. 38,958 38,958 

194 0305327N INSIDER THREAT ....................................................... 2,581 2,581 

195 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES).1,747 1,747 

SUBTOTAL MANAGEMENT SUPPORT ............... 998,686 995,686 

OPERATIONAL SYSTEMS DEVELOPMENT 

199 0604840M F–35 C2D2 ..................................................................... 515,746 515,746 

200 0604840N F–35 C2D2 ..................................................................... 481,962 481,962 

201 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS (MARFORRES).65,381 65,381 

202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 

(CEC).

176,486 176,486 

203 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT.177,098 198,998 

D5LE2 integration and test early to need .................. [–2,100 ] 

Next generation strategic inertial measurement unit [9,000 ] 

Strategic weapons system shipboard navigation modernization.[15,000 ] 

204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ......... 45,775 45,775 

205 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT.64,752 64,752 

206 0101402N NAVY STRATEGIC COMMUNICATIONS ................. 35,451 35,451 

207 0204136N F/A–18 SQUADRONS ................................................... 189,224 196,224 

Program increase—neural network algorithms on 

advanced processors.

[3,000 ] 

Program increase—noise reduction research .............. [4,000 ] 

208 0204228N SURFACE SUPPORT ................................................... 13,733 13,733 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2280 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

209 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC).132,181 132,181 

210 0204311N INTEGRATED SURVEILLANCE SYSTEM ............... 84,276 84,276 

211 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 6,261 6,261 

212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT).1,657 1,657 

213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 21,367 68,367 

Marine Corps UFR—Air traffic control Block IV development.[23,000 ] 

Marine Corps UFR—Radar signal processor refresh [12,000 ] 

Marine Corps UFR—Software mods to implement 

NIFC.

[12,000 ] 

214 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT.56,741 56,741 

215 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT.62,006 62,006 

216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT ........ 133,520 125,823 

Program decrease .......................................................... [–7,697 ] 

217 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION.28,804 28,804 

218 0205632N MK–48 ADCAP .............................................................. 114,492 114,492 

219 0205633N AVIATION IMPROVEMENTS .................................... 132,486 132,486 

220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ...... 113,760 113,760 

221 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS .. 89,897 92,697 

Compact solid state antenna—USMC UPL ................ [2,800 ] 

222 0206335M COMMON AVIATION COMMAND AND CONTROL 

SYSTEM (CAC2S).

9,324 12,824 

Marine Corps UFR—Software development for NIFC 

integration.

[3,500 ] 

223 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS.108,235 108,235 

224 0206624M MARINE CORPS COMBAT SERVICES SUPPORT .. 13,185 13,185 

225 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE 

SYSTEMS (MIP).

37,695 44,295 

Marine Corps UFR—G-BOSS High Definition modernization.[3,700 ] 

Marine Corps UFR—SCINet transition ...................... [2,900 ] 

226 0206629M AMPHIBIOUS ASSAULT VEHICLE .......................... 7,551 7,551 

227 0207161N TACTICAL AIM MISSILES ......................................... 23,881 23,881 

228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM).32,564 32,564 

229 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) 3,101 3,101 

234 0303138N AFLOAT NETWORKS .................................................. 30,890 35,690 

Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control 

(JADC2).

[4,800 ] 

235 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 33,311 33,311 

236 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES.7,514 7,514 

237 0305204N TACTICAL UNMANNED AERIAL VEHICLES ........ 9,837 9,837 

238 0305205N UAS INTEGRATION AND INTEROPERABILITY ... 9,797 9,797 

239 0305208M DISTRIBUTED COMMON GROUND/SURFACE 

SYSTEMS.

38,800 38,800 

240 0305220N MQ–4C TRITON ........................................................... 13,029 13,029 

241 0305231N MQ–8 UAV .................................................................... 26,543 26,543 

242 0305232M RQ–11 UAV ................................................................... 533 533 

243 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ...... 1,772 1,772 

245 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT.59,252 59,252 

246 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP).9,274 9,274 

247 0305251N CYBERSPACE OPERATIONS FORCES AND 

FORCE SUPPORT.

36,378 36,378 

248 0305421N RQ–4 MODERNIZATION ............................................ 134,323 134,323 

249 0307577N INTELLIGENCE MISSION DATA (IMD) .................. 907 907 

250 0308601N MODELING AND SIMULATION SUPPORT ............ 9,772 9,772 

251 0702207N DEPOT MAINTENANCE (NON-IF) ........................... 36,880 41,880 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2281 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

CPF—defense industrial skills and technology training.[5,000 ] 

252 0708730N MARITIME TECHNOLOGY (MARITECH) ................ 3,329 3,329 

999 9999999999 CLASSIFIED PROGRAMS .......................................... 1,872,586 1,872,586 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.5,313,319 5,404,222 

SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS 

UNDISTRIBUTED 

254 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM.13,703 13,703 

255 0608113N NAVY NEXT GENERATION ENTERPRISE NETWORK (NGEN)—SOFTWARE PILOT PROGRAM.955,151 955,151 

256 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM.14,855 14,855 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.983,709 983,709 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, NAVY.

22,639,362 23,101,189 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

AF 

BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES ........................... 328,303 347,823 

Program increase—basic research ............................... [19,520 ] 

002 0601103F UNIVERSITY RESEARCH INITIATIVES ................. 162,403 193,903 

CPF—neural-enabled prosthetics ................................ [1,500 ] 

University research programs ...................................... [30,000 ] 

SUBTOTAL BASIC RESEARCH ............................. 490,706 541,726 

APPLIED RESEARCH 

004 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH.79,901 79,901 

005 0602102F MATERIALS .................................................................. 113,460 145,460 

Continuous composites 3D printing ............................. [7,000 ] 

CPF—affordable multifunctional aerospace composites.[10,000 ] 

Digital maintenance advisor ........................................ [5,000 ] 

High energy synchrotron x-ray research ..................... [5,000 ] 

Maturation of carbon/carbon thermal protection systems.[5,000 ] 

006 0602201F AEROSPACE VEHICLE TECHNOLOGIES ............... 163,032 170,532 

Ground test and development of hypersonic engines [5,000 ] 

Nano-UAS for the military warfighter ........................ [2,500 ] 

007 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 136,273 136,273 

008 0602203F AEROSPACE PROPULSION ....................................... 174,683 181,683 

Low-cost small turbine engine research ...................... [7,000 ] 

009 0602204F AEROSPACE SENSORS .............................................. 198,918 461,918 

Chip-locking microelectronics security ........................ [6,000 ] 

Cyber assurance and assessment of electronic hardware systems.[7,000 ] 

Microelectronics research network .............................. [250,000 ] 

011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— 

MAJOR HEADQUARTERS ACTIVITIES.

8,891 8,891 

012 0602602F CONVENTIONAL MUNITIONS ................................. 151,757 151,757 

013 0602605F DIRECTED ENERGY TECHNOLOGY ....................... 111,052 113,552 

CPF—directed energy research and education for 

workforce development.

[2,500 ] 

014 0602788F DOMINANT INFORMATION SCIENCES AND 

METHODS.

169,110 181,110 

CPF—assessment of a national laboratory for transformational computing.[2,000 ] 

Program increase—quantum network testbed ........... [10,000 ] 

SUBTOTAL APPLIED RESEARCH ....................... 1,307,077 1,631,077 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2282 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

ADVANCED TECHNOLOGY DEVELOPMENT 

017 0603032F FUTURE AF INTEGRATED TECHNOLOGY 

DEMOS.

131,643 187,643 

Procure Valkyrie aircraft .............................................. [75,000 ] 

Program reduction ........................................................ [–19,000 ] 

018 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS.31,905 41,905 

Metals affordability research ....................................... [10,000 ] 

019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 

(S&T).

21,057 21,057 

020 0603203F ADVANCED AEROSPACE SENSORS ....................... 45,464 54,764 

Authorization software for autonomous sensors ........ [9,300 ] 

021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ............... 70,486 85,486 

Enhanced capability hypersonic airbreathing testbed [15,000 ] 

022 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY.75,273 159,773 

CPF—development of advanced propulsion technologies for hypersonic systems.[5,000 ] 

Ground testing of reusable high mach turbine engines.[20,000 ] 

Next generation UAS propulsion development ........... [30,000 ] 

Reusable high mach turbine engine ............................ [29,500 ] 

023 0603270F ELECTRONIC COMBAT TECHNOLOGY ................. 46,591 46,591 

026 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.24,589 24,589 

027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ........ 157,423 157,423 

028 0603605F ADVANCED WEAPONS TECHNOLOGY .................. 28,258 33,258 

Program increase—LIDAR CUAS automated target 

recognition.

[5,000 ] 

029 0603680F MANUFACTURING TECHNOLOGY PROGRAM ..... 45,259 157,259 

Aerospace and defense supply ecosystem ................... [6,000 ] 

CPF—additive manufacturing and ultra-high performance concrete.[5,000 ] 

Program increase .......................................................... [70,000 ] 

Smart manufacturing digital thread initiative ........... [10,000 ] 

Sustainment and modernization research and development program.[7,000 ] 

Universal robotic controller .......................................... [6,000 ] 

Virtual, augmented, and mixed reality readiness ...... [8,000 ] 

030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 

AND DEMONSTRATION.

56,772 56,772 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.734,720 1,026,520 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ..... 5,795 5,795 

032 0603742F COMBAT IDENTIFICATION TECHNOLOGY .......... 21,939 21,939 

033 0603790F NATO RESEARCH AND DEVELOPMENT ............... 4,114 4,114 

034 0603851F INTERCONTINENTAL BALLISTIC MISSILE— 

DEM/VAL.

49,621 49,621 

036 0604001F NC3 ADVANCED CONCEPTS .................................... 6,900 6,900 

037 0604002F AIR FORCE WEATHER SERVICES RESEARCH .... 986 986 

038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 

(ABMS).

203,849 203,849 

039 0604004F ADVANCED ENGINE DEVELOPMENT ................... 123,712 380,712 

Program increase—AETP ............................................. [257,000 ] 

040 0604006F ARCHITECTURE INITIATIVES ................................. 82,438 128,438 

Acceleration of tactical datalink waveform ................. [80,000 ] 

Program decrease .......................................................... [–34,000 ] 

041 0604015F LONG RANGE STRIKE—BOMBER ........................... 2,872,624 2,872,624 

042 0604032F DIRECTED ENERGY PROTOTYPING ...................... 10,820 10,820 

043 0604033F HYPERSONICS PROTOTYPING ................................ 438,378 438,378 

044 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 39,742 39,742 

045 0604257F ADVANCED TECHNOLOGY AND SENSORS .......... 23,745 23,745 

046 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER 95,788 95,788 

047 0604317F TECHNOLOGY TRANSFER ....................................... 15,768 23,268 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2283 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

Program increase—academic partnership intermediary agreement tech transfer.[7,500 ] 

048 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT 

SYSTEM (HDBTDS) PROGRAM.

15,886 15,886 

049 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 71,229 71,229 

050 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE 

R&D.

40,103 40,103 

051 0604858F TECH TRANSITION PROGRAM ................................ 343,545 442,545 

Blended wing body prototype phase 1 ......................... [15,000 ] 

C–17 active winglets phase 1 ....................................... [2,000 ] 

KC–135 winglets ........................................................... [2,000 ] 

NORTHCOM UFR—Proliferated low earth orbit Arctic communications.[80,000 ] 

052 0605230F GROUND BASED STRATEGIC DETERRENT ......... 2,553,541 2,553,541 

054 0207110F NEXT GENERATION AIR DOMINANCE ................. 1,524,667 1,524,667 

055 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 

(3DELRR).

50,000 

Build command and control framework ...................... [50,000 ] 

056 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) ......... 10,905 10,905 

057 0208030F WAR RESERVE MATERIEL—AMMUNITION ......... 3,943 3,943 

059 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL 

EA).

43,881 43,881 

061 0305601F MISSION PARTNER ENVIRONMENTS ................... 16,420 16,420 

062 0306250F CYBER OPERATIONS TECHNOLOGY SUPPORT .. 242,499 282,499 

Coordination with private sector to protect against 

foreign malicious cyber actors.

[15,000 ] 

CYBERCOM UFR enhanced attribution transition ... [25,000 ] 

063 0306415F ENABLED CYBER ACTIVITIES ................................ 16,578 16,578 

066 0901410F CONTRACTING INFORMATION TECHNOLOGY 

SYSTEM.

20,343 20,343 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.8,899,759 9,399,259 

SYSTEM DEVELOPMENT & DEMONSTRATION 

078 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 

PROGRAMS.

23,499 23,499 

079 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 167,520 167,520 

080 0604222F NUCLEAR WEAPONS SUPPORT .............................. 30,050 30,050 

081 0604270F ELECTRONIC WARFARE DEVELOPMENT ............ 2,110 2,110 

082 0604281F TACTICAL DATA NETWORKS ENTERPRISE ........ 169,836 169,836 

083 0604287F PHYSICAL SECURITY EQUIPMENT ....................... 8,469 8,469 

085 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ............ 9,047 9,047 

086 0604604F SUBMUNITIONS .......................................................... 2,954 2,954 

087 0604617F AGILE COMBAT SUPPORT ....................................... 16,603 16,603 

089 0604706F LIFE SUPPORT SYSTEMS ......................................... 25,437 25,437 

090 0604735F COMBAT TRAINING RANGES .................................. 23,980 34,180 

Air Force combat training ranges ................................ [7,200 ] 

Gulf test range improvement ....................................... [3,000 ] 

092 0604932F LONG RANGE STANDOFF WEAPON ...................... 609,042 609,042 

093 0604933F ICBM FUZE MODERNIZATION ................................ 129,709 129,709 

095 0605056F OPEN ARCHITECTURE MANAGEMENT ................ 37,109 37,109 

096 0605221F KC–46 ............................................................................. 1 1 

097 0605223F ADVANCED PILOT TRAINING ................................. 188,898 188,898 

098 0605229F HH–60W ........................................................................ 66,355 30,506 

Early to need—capability upgrades and modernization.[–35,849 ] 

101 0207171F F–15 EPAWSS ............................................................... 112,012 112,012 

102 0207328F STAND IN ATTACK WEAPON ................................... 166,570 166,570 

103 0207701F FULL COMBAT MISSION TRAINING ...................... 7,064 12,064 

Program increase—airborne augmented reality for 

pilot training.

[5,000 ] 

105 0401221F KC–46A TANKER SQUADRONS ................................ 73,459 67,459 

Underexecution ............................................................. [–6,000 ] 

107 0401319F VC–25B .......................................................................... 680,665 655,665 

Early to need ................................................................. [–25,000 ] 

108 0701212F AUTOMATED TEST SYSTEMS .................................. 15,445 15,445 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2284 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

109 0804772F TRAINING DEVELOPMENTS .................................... 4,482 4,482 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.2,570,316 2,518,667 

MANAGEMENT SUPPORT 

124 0604256F THREAT SIMULATOR DEVELOPMENT .................. 41,909 41,909 

125 0604759F MAJOR T&E INVESTMENT ....................................... 130,766 130,766 

126 0605101F RAND PROJECT AIR FORCE .................................... 36,017 36,017 

128 0605712F INITIAL OPERATIONAL TEST & EVALUATION ... 12,582 12,582 

129 0605807F TEST AND EVALUATION SUPPORT ....................... 811,032 811,032 

131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 

SYS.

243,796 243,796 

132 0605828F ACQ WORKFORCE- GLOBAL REACH ..................... 435,930 435,930 

133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS 

SYS.

435,274 435,274 

135 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 243,806 243,806 

136 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY.103,041 103,041 

137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS .............. 226,055 226,055 

138 0605898F MANAGEMENT HQ—R&D ......................................... 4,079 4,079 

139 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT.70,788 70,788 

140 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.30,057 30,057 

141 0606017F REQUIREMENTS ANALYSIS AND MATURATION 85,799 80,799 

Program decrease .......................................................... [–5,000 ] 

142 0606398F MANAGEMENT HQ—T&E ......................................... 6,163 6,163 

143 0303166F SUPPORT TO INFORMATION OPERATIONS (IO) 

CAPABILITIES.

537 537 

144 0303255F COMMAND, CONTROL, COMMUNICATION, AND 

COMPUTERS (C4)—STRATCOM.

25,340 35,340 

Program increase—NC3 rapid engineering architecture collaboration hub.[10,000 ] 

145 0308602F ENTERPRISE INFORMATION SERVICES (EIS) .... 28,720 28,720 

146 0702806F ACQUISITION AND MANAGEMENT SUPPORT .... 37,211 37,211 

147 0804731F GENERAL SKILL TRAINING .................................... 1,506 1,506 

148 0804772F TRAINING DEVELOPMENTS .................................... 2,957 2,957 

150 1001004F INTERNATIONAL ACTIVITIES ................................. 2,420 2,420 

156 1206864F SPACE TEST PROGRAM (STP) .................................. 3 3 

SUBTOTAL MANAGEMENT SUPPORT ............... 3,015,788 3,020,788 

OPERATIONAL SYSTEMS DEVELOPMENT 

157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 

TRAINING.

5,509 5,509 

158 0604445F WIDE AREA SURVEILLANCE ................................... 2,760 2,760 

160 0604840F F–35 C2D2 ..................................................................... 985,404 985,404 

161 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS).22,010 22,010 

162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 

AGENCY.

51,492 51,492 

163 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION.71,391 71,391 

164 0605278F HC/MC–130 RECAP RDT&E ....................................... 46,796 46,796 

165 0606018F NC3 INTEGRATION .................................................... 26,532 26,532 

167 0101113F B–52 SQUADRONS ...................................................... 715,811 660,811 

CERP rapid prototyping materiel contract delay ....... [–55,000 ] 

168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ........... 453 453 

169 0101126F B–1B SQUADRONS ...................................................... 29,127 29,127 

170 0101127F B–2 SQUADRONS ........................................................ 144,047 144,047 

171 0101213F MINUTEMAN SQUADRONS ...................................... 113,622 113,622 

172 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS.15,202 15,202 

174 0101328F ICBM REENTRY VEHICLES ...................................... 96,313 96,313 

176 0102110F UH–1N REPLACEMENT PROGRAM ........................ 16,132 16,132 

177 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM.771 771 

178 0102412F NORTH WARNING SYSTEM (NWS) ......................... 99 25,199 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2285 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

NORTHCOM UFR—Over the horizon radar .............. [25,100 ] 

179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR ...... 42,300 42,300 

180 0202834F VEHICLES AND SUPPORT EQUIPMENT—GENERAL.5,889 5,889 

181 0205219F MQ–9 UAV .................................................................... 85,135 84,121 

Early to need—program protection technology insertion.[–1,014 ] 

182 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE.3,111 3,111 

183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 

EQUIPMENT.

36,607 36,607 

184 0207131F A–10 SQUADRONS ...................................................... 39,224 39,224 

185 0207133F F–16 SQUADRONS ...................................................... 224,573 224,573 

186 0207134F F–15E SQUADRONS .................................................... 239,616 239,616 

187 0207136F MANNED DESTRUCTIVE SUPPRESSION .............. 15,855 15,855 

188 0207138F F–22A SQUADRONS .................................................... 647,296 647,296 

189 0207142F F–35 SQUADRONS ...................................................... 69,365 69,365 

190 0207146F F–15EX .......................................................................... 118,126 118,126 

191 0207161F TACTICAL AIM MISSILES ......................................... 32,974 32,974 

192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM).51,288 51,288 

193 0207227F COMBAT RESCUE—PARARESCUE ......................... 852 852 

194 0207247F AF TENCAP .................................................................. 23,685 23,685 

195 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 12,083 12,083 

196 0207253F COMPASS CALL .......................................................... 91,266 91,266 

197 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM.103,715 103,715 

198 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE 

(JASSM).

117,325 117,325 

199 0207327F SMALL DIAMETER BOMB (SDB) ............................. 27,109 27,109 

200 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ......... 3 3 

201 0207412F CONTROL AND REPORTING CENTER (CRC) ........ 9,875 9,875 

202 0207417F AIRBORNE WARNING AND CONTROL SYSTEM 

(AWACS).

171,014 171,014 

203 0207418F AFSPECWAR—TACP ................................................... 4,598 4,598 

205 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES.21,863 21,863 

206 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ..... 7,905 7,905 

207 0207439F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR).15,000 15,000 

208 0207444F TACTICAL AIR CONTROL PARTY-MOD ................. 13,081 13,081 

209 0207452F DCAPES ......................................................................... 4,305 4,305 

210 0207521F AIR FORCE CALIBRATION PROGRAMS ................. 1,984 1,984 

211 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) ......... 7,392 7,392 

212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 1,971 1,971 

213 0207590F SEEK EAGLE ............................................................... 30,539 30,539 

214 0207601F USAF MODELING AND SIMULATION .................... 17,110 17,110 

215 0207605F WARGAMING AND SIMULATION CENTERS ......... 7,535 7,535 

216 0207610F BATTLEFIELD ABN COMM NODE (BACN) ............ 32,008 32,008 

217 0207697F DISTRIBUTED TRAINING AND EXERCISES ......... 4,007 4,007 

218 0208006F MISSION PLANNING SYSTEMS ............................... 92,557 92,557 

219 0208007F TACTICAL DECEPTION ............................................. 489 489 

220 0208064F OPERATIONAL HQ—CYBER ..................................... 2,115 2,115 

221 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 72,487 72,487 

222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ....... 18,449 18,449 

223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) 79,079 79,079 

224 0208099F UNIFIED PLATFORM (UP) ........................................ 101,893 101,893 

228 0208288F INTEL DATA APPLICATIONS ................................... 493 493 

229 0301025F GEOBASE ...................................................................... 2,782 2,782 

231 0301113F CYBER SECURITY INTELLIGENCE SUPPORT ..... 5,224 5,224 

238 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS.2,463 2,463 

239 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC).26,331 26,331 

240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).58,165 58,165 

242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 8,032 8,032 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2286 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

243 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE.452 452 

244 0303248F ALL DOMAIN COMMON PLATFORM ...................... 64,000 64,000 

246 0304260F AIRBORNE SIGINT ENTERPRISE ............................ 97,546 93,546 

Excess carryover—special projects .............................. [–4,000 ] 

247 0304310F COMMERCIAL ECONOMIC ANALYSIS ................... 3,770 8,770 

CPF—mobilizing civilian expertise for national security education on geo-economics, and innovation in 

the era of great power competition.

[5,000 ] 

251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY.1,663 1,663 

252 0305022F ISR MODERNIZATION & AUTOMATION DVMT 

(IMAD).

18,888 15,888 

Excess to need ............................................................... [–3,000 ] 

253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ... 4,672 4,672 

254 0305103F CYBER SECURITY INITIATIVE ................................ 290 290 

255 0305111F WEATHER SERVICE ................................................... 26,228 36,228 

Program increase—commercial weather data pilot .... [10,000 ] 

256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 

LANDING SYSTEM (ATCALS).

8,749 8,749 

257 0305116F AERIAL TARGETS ....................................................... 1,528 126,528 

Unmanned adversary air platforms ............................ [125,000 ] 

260 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ..... 223 223 

262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.8,733 8,733 

264 0305179F INTEGRATED BROADCAST SERVICE (IBS) .......... 21,335 21,335 

265 0305202F DRAGON U–2 ............................................................... 17,146 35,846 

Air Force UFR—Antenna replacement ....................... [18,700 ] 

267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ............ 71,791 151,291 

Air Force UFR—ASARS processor and antenna development.[67,000 ] 

Program increase—wide area motion imagery ........... [12,500 ] 

268 0305207F MANNED RECONNAISSANCE SYSTEMS ............... 14,799 14,799 

269 0305208F DISTRIBUTED COMMON GROUND/SURFACE 

SYSTEMS.

24,568 24,568 

270 0305220F RQ–4 UAV ..................................................................... 83,124 83,124 

271 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING.17,224 17,224 

272 0305238F NATO AGS .................................................................... 19,473 19,473 

273 0305240F SUPPORT TO DCGS ENTERPRISE .......................... 40,421 40,421 

274 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES.14,473 14,473 

275 0305881F RAPID CYBER ACQUISITION ................................... 4,326 4,326 

276 0305984F PERSONNEL RECOVERY COMMAND & CTRL 

(PRC2).

2,567 2,567 

277 0307577F INTELLIGENCE MISSION DATA (IMD) .................. 6,169 6,169 

278 0401115F C–130 AIRLIFT SQUADRON ...................................... 9,752 9,752 

279 0401119F C–5 AIRLIFT SQUADRONS (IF) ................................ 17,507 17,507 

280 0401130F C–17 AIRCRAFT (IF) ................................................... 16,360 16,360 

281 0401132F C–130J PROGRAM ....................................................... 14,112 14,112 

282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 

(LAIRCM).

5,540 5,540 

283 0401218F KC–135S ........................................................................ 3,564 3,564 

285 0401318F CV–22 ............................................................................. 17,189 17,189 

286 0408011F SPECIAL TACTICS / COMBAT CONTROL ............... 6,640 6,640 

288 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM 26,921 26,921 

289 0708610F LOGISTICS INFORMATION TECHNOLOGY 

(LOGIT).

7,071 7,071 

291 0804743F OTHER FLIGHT TRAINING ...................................... 1,999 1,999 

293 0901202F JOINT PERSONNEL RECOVERY AGENCY ............ 1,841 1,841 

294 0901218F CIVILIAN COMPENSATION PROGRAM .................. 3,560 3,560 

295 0901220F PERSONNEL ADMINISTRATION ............................. 3,368 3,368 

296 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY .. 1,248 1,248 

297 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.4,852 4,852 

301 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 6,737 6,737 

999 9999999999 CLASSIFIED PROGRAMS .......................................... 15,868,973 15,868,973 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2287 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.21,743,006 21,943,292 

SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS 

317 0608158F STRATEGIC MISSION PLANNING AND EXECUTION SYSTEM—SOFTWARE PILOT PROGRAM.96,100 96,100 

318 0608410F AIR & SPACE OPERATIONS CENTER (AOC)— 

SOFTWARE PILOT PROGRAM.

186,918 186,918 

319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND 

MANAGEMENT SYSTEM (DEAMS)—SOFTWARE PILOT PRO.

135,263 135,263 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.418,281 418,281 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, AF.

39,179,653 40,499,610 

RDTE, SPACE FORCE 

APPLIED RESEARCH 

001 1206601SF SPACE TECHNOLOGY ............................................... 181,209 201,709 

Battery cycle life improvements .................................. [3,000 ] 

Program increase—hybrid space architecture ............ [5,000 ] 

Program increase—radiation hardened microprocessor.[5,000 ] 

Program increase—university consortia for space 

technology.

[7,500 ] 

SUBTOTAL APPLIED RESEARCH ....................... 181,209 201,709 

ADVANCED TECHNOLOGY DEVELOPMENT 

002 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO.75,919 136,919 

Space Force UFR—accelerate cislunar flight experiment.[61,000 ] 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.75,919 136,919 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

003 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 

(USER EQUIPMENT) (SPACE).

434,194 434,194 

004 1203710SF EO/IR WEATHER SYSTEMS ...................................... 162,274 162,274 

005 1203905SF SPACE SYSTEM SUPPORT ........................................ 37,000 37,000 

006 1206422SF WEATHER SYSTEM FOLLOW-ON ........................... 61,521 61,521 

007 1206425SF SPACE SITUATION AWARENESS SYSTEMS ......... 123,262 130,262 

Space Force UFR—Maui optical site ........................... [7,000 ] 

008 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS 

(SSPT).

101,851 129,851 

Space Force UFR—Expand Blackjack radio frequency payloads.[28,000 ] 

009 1206438SF SPACE CONTROL TECHNOLOGY ............................ 32,931 32,931 

010 1206730SF SPACE SECURITY AND DEFENSE PROGRAM ...... 56,546 71,546 

Program increase .......................................................... [15,000 ] 

011 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE 

(PTES).

100,320 100,320 

012 1206761SF PROTECTED TACTICAL SERVICE (PTS) ................ 243,285 243,285 

013 1206855SF EVOLVED STRATEGIC SATCOM (ESS) ................... 160,056 160,056 

014 1206857SF SPACE RAPID CAPABILITIES OFFICE ................... 66,193 66,193 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.1,579,433 1,629,433 

SYSTEM DEVELOPMENT & DEMONSTRATION 

015 1203269SF GPS III FOLLOW-ON (GPS IIIF) ............................... 264,265 264,265 

016 1203940SF SPACE SITUATION AWARENESS OPERATIONS .. 56,279 56,279 

017 1206421SF COUNTERSPACE SYSTEMS ...................................... 38,063 38,063 

018 1206422SF WEATHER SYSTEM FOLLOW-ON ........................... 1,438 1,438 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2288 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

019 1206425SF SPACE SITUATION AWARENESS SYSTEMS ......... 127,026 136,026 

Space Force UFR—Add space domain rapid innovation pathfinders.[9,000 ] 

020 1206431SF ADVANCED EHF MILSATCOM (SPACE) ................. 28,218 28,218 

021 1206432SF POLAR MILSATCOM (SPACE) ................................... 127,870 127,870 

022 1206442SF NEXT GENERATION OPIR ........................................ 2,451,256 2,451,256 

023 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTEGRATION.23,400 23,400 

024 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD.221,510 280,710 

Maintain competition for Ph3—DOD unique requirements.[50,000 ] 

Space Force UFR—Liquid oxygen explosive tests ...... [9,200 ] 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.3,339,325 3,407,525 

MANAGEMENT SUPPORT 

025 1206116SF SPACE TEST AND TRAINING RANGE DEVELOPMENT.19,319 52,619 

Space Force UFR—signal emulation generation subsystem.[33,300 ] 

026 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS.214,051 214,051 

027 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA ...... 12,119 12,119 

028 1206759SF MAJOR T&E INVESTMENT—SPACE ....................... 71,503 71,503 

029 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 17,769 21,769 

CPF—small rocket program ......................................... [4,000 ] 

030 1206862SF TACTICALLY RESPONSIVE LAUNCH ..................... 50,000 

Program increase .......................................................... [50,000 ] 

031 1206864SF SPACE TEST PROGRAM (STP) .................................. 20,881 20,881 

SUBTOTAL MANAGEMENT SUPPORT ............... 355,642 442,942 

OPERATIONAL SYSTEM DEVELOPMENT 

033 1201017SF GLOBAL SENSOR INTEGRATED ON NETWORK 

(GSIN).

4,731 4,731 

034 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 

(FAB-T).

156,788 156,788 

035 1203040SF DCO-SPACE .................................................................. 2,150 2,150 

036 1203109SF NARROWBAND SATELLITE COMMUNICATIONS 112,012 112,012 

037 1203110SF SATELLITE CONTROL NETWORK (SPACE) .......... 36,810 36,810 

038 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 

(SPACE AND CONTROL SEGMENTS).

1,966 1,966 

039 1203173SF SPACE AND MISSILE TEST AND EVALUATION 

CENTER.

1,699 5,699 

Space Force UFR—Improve operations of payload 

adapter.

[4,000 ] 

040 1203174SF SPACE INNOVATION, INTEGRATION AND 

RAPID TECHNOLOGY DEVELOPMENT.

18,054 33,354 

Space Force UFR—Digitial core services for distributed space test and training.[15,300 ] 

041 1203182SF SPACELIFT RANGE SYSTEM (SPACE) ................... 11,115 23,115 

CPF—tactically responsive launch/deployable spaceport.[7,000 ] 

Program increase .......................................................... [5,000 ] 

042 1203265SF GPS III SPACE SEGMENT ......................................... 7,207 7,207 

043 1203330SF SPACE SUPERIORITY ISR ......................................... 18,109 18,109 

044 1203620SF NATIONAL SPACE DEFENSE CENTER .................. 1,280 1,280 

045 1203873SF BALLISTIC MISSILE DEFENSE RADARS ............... 12,292 12,292 

046 1203906SF NCMC—TW/AA SYSTEM ............................................ 9,858 9,858 

047 1203913SF NUDET DETECTION SYSTEM (SPACE) .................. 45,887 45,887 

048 1203940SF SPACE SITUATION AWARENESS OPERATIONS .. 64,763 64,763 

049 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT.413,766 413,766 

053 1206770SF ENTERPRISE GROUND SERVICES ......................... 191,713 191,713 

999 9999999999 CLASSIFIED PROGRAMS .......................................... 4,474,809 4,680,009 

Space Force UFR—classified ........................................ [205,200 ] 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2289 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.5,585,009 5,821,509 

SOFTWARE & DIGITAL TECHNOLOGY PILOT 

PROGRAMS 

UNDISTRIBUTED 

054 1203614SF JSPOC MISSION SYSTEM ......................................... 154,529 154,529 

SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS.154,529 154,529 

TOTAL RDTE, SPACE FORCE ............................... 11,271,066 11,794,566 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

DW 

BASIC RESEARCH 

001 0601000BR DTRA BASIC RESEARCH ........................................... 11,828 12,705 

Program increase .......................................................... [877 ] 

002 0601101E DEFENSE RESEARCH SCIENCES ........................... 395,781 454,281 

Adversary Influence Operations (IO)—detection, 

modeling, mitigation.

[5,000 ] 

Artificial Intelligence (AI)—trustworthy, human integrated, robust.[5,000 ] 

Biotechnology for challenging environments .............. [7,000 ] 

CPF—novel analytical and empirical approaches to 

the prediction and monitoring of disease transmission.

[1,500 ] 

High assurance software systems—resilient, adaptable, trustworthy.[5,000 ] 

Increase for DARPA-funded university research activities.[15,000 ] 

Program increase—ERI 2.0 .......................................... [20,000 ] 

003 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES 15,390 15,390 

004 0601110D8Z BASIC RESEARCH INITIATIVES ............................. 39,828 77,061 

Consortium to study irregular warfare ....................... [8,000 ] 

CPF—Florida Memorial University Department of 

Natural Sciences STEM equipment.

[400 ] 

CPF—SOUTHCOM Enhanced Domain Awareness 

(EDA) initiative.

[1,300 ] 

DEPSCoR ....................................................................... [10,000 ] 

Minerva management and social science research .... [13,000 ] 

Program increase .......................................................... [4,533 ] 

005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 

SCIENCE.

76,018 86,018 

Assessing immune memory .......................................... [5,000 ] 

Traumatic brain injury research ................................. [5,000 ] 

006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM .... 112,195 132,195 

Civics education ............................................................ [2,000 ] 

CPF—Florida Memorial Avionics Smart Scholars ..... [1,000 ] 

SMART scholarships for AI related education ........... [13,000 ] 

SMART scholarships program increase ...................... [4,000 ] 

007 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.31,136 73,247 

CPF—augmenting quantum sensing research, education, and training in DOD COE at DSU.[1,111 ] 

CPF—HBCU training for the future of aerospace ..... [1,000 ] 

Program increase .......................................................... [40,000 ] 

008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.34,708 37,208 

Program increase—chemically resistant, high-performance military cordage, rope, and webbing.[2,500 ] 

SUBTOTAL BASIC RESEARCH ............................. 716,884 888,105 

APPLIED RESEARCH 

009 0602000D8Z JOINT MUNITIONS TECHNOLOGY ........................ 19,591 19,591 

010 0602115E BIOMEDICAL TECHNOLOGY ................................... 108,698 118,698 

Bridging the gap after spinal cord injury ................... [5,000 ] 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2290 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

Non-invasive neurotechnology rehabilitation take 

home trials.

[5,000 ] 

012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION ................ 22,918 82,918 

6G and beyond experimentation efforts ...................... [50,000 ] 

Artificial intelligence (AI)—trustworthy, human integrated, robust.[10,000 ] 

013 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 55,692 55,692 

014 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT 

OF S&T PRIORITIES.

65,015 115,015 

AI research and development ....................................... [50,000 ] 

015 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY.430,363 745,363 

National Security Commission on Artificial Intelligence implementation.[200,000 ] 

Program increase—AI, cyber, and data analytics ...... [15,000 ] 

Quantum computing acceleration ................................ [100,000 ] 

016 0602383E BIOLOGICAL WARFARE DEFENSE ........................ 31,421 31,421 

017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.206,956 213,456 

Biodetection system for joint force infrastructure 

protection.

[6,500 ] 

018 0602668D8Z CYBER SECURITY RESEARCH ................................ 15,380 35,380 

AI-enabled cyber defense acceleration study .............. [10,000 ] 

Program increase .......................................................... [10,000 ] 

019 0602702E TACTICAL TECHNOLOGY ......................................... 202,515 249,515 

MADFIRES .................................................................... [30,000 ] 

Program increase—AI, cyber and data analytics ....... [17,000 ] 

020 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ... 317,024 378,624 

Adaptive immunomodulation-based therapeutics 

(ElectRx).

[4,600 ] 

Agile chemical manufacturing technologies (ACMT) [20,000 ] 

Bioengineered electronics and electromagnetic devices (Bio-INC).[6,000 ] 

Bioremediation of battlefields ...................................... [7,000 ] 

Maritime materials technologies (M2T) ...................... [5,000 ] 

Materiel protection through biologics .......................... [5,000 ] 

Neuroprotection from brain injury .............................. [9,000 ] 

Regenerative engineering for complex tissue regeneration & limb reconstruction.[5,000 ] 

021 0602716E ELECTRONICS TECHNOLOGY ................................. 357,384 393,384 

Program increase—ERI 2.0 .......................................... [36,000 ] 

022 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION 

APPLIED RESEARCH.

197,011 197,011 

023 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.9,601 9,601 

024 0602890D8Z HIGH ENERGY LASER RESEARCH ......................... 45,997 115,997 

Directed energy innovation—improved beam control [50,000 ] 

Joint Directed Energy Transition Office ..................... [20,000 ] 

025 1160401BB SOF TECHNOLOGY DEVELOPMENT ...................... 44,829 48,829 

Program increase—sustained human performance 

and resilience.

[4,000 ] 

SUBTOTAL APPLIED RESEARCH ....................... 2,130,395 2,810,495 

ADVANCED TECHNOLOGY DEVELOPMENT 

026 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY .. 23,213 23,213 

027 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ...................... 4,665 4,665 

028 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT.69,376 69,376 

029 0603133D8Z FOREIGN COMPARATIVE TESTING ....................... 25,432 25,432 

031 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION 

ADVANCED TECHNOLOGY DEVELOPMENT.

399,362 404,362 

Reduced order models ................................................... [5,000 ] 

032 0603176C ADVANCED CONCEPTS AND PERFORMANCE 

ASSESSMENT.

15,800 29,700 

BATMAA BMDS advanced technology ........................ [8,700 ] 

MDA UFR—Cybersecurity improvements .................. [5,200 ] 

033 0603180C ADVANCED RESEARCH ............................................ 21,466 26,466 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2291 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

Program increase—high speed flight experiment 

testing.

[5,000 ] 

034 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION.51,340 51,340 

035 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 

DEVELOPMENT.

19,063 19,063 

036 0603286E ADVANCED AEROSPACE SYSTEMS ....................... 174,043 256,043 

Glide breaker ................................................................. [20,000 ] 

Hypersonic Air-Breathing Weapon Concept (HAWC) [37,000 ] 

OpFires .......................................................................... [10,000 ] 

Tactical Boost Glide (TBG) ........................................... [15,000 ] 

037 0603287E SPACE PROGRAMS AND TECHNOLOGY ............... 101,524 186,524 

Blackjack critical risk reduction .................................. [25,000 ] 

Blackjack schedule assurance ...................................... [30,000 ] 

Robotic Servicing of Geosynchronous Satellites 

(RSGS).

[30,000 ] 

038 0603288D8Z ANALYTIC ASSESSMENTS ....................................... 24,012 24,012 

039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS.51,513 51,513 

042 0603338D8Z DEFENSE MODERNIZATION AND PROTOTYPING.115,443 193,443 

Defense critical supply chain documentation and 

monitoring.

[3,000 ] 

Rapid Innovation Program ........................................... [75,000 ] 

043 0603342D8Z DEFENSE INNOVATION UNIT (DIU) ...................... 31,873 31,873 

044 0603375D8Z TECHNOLOGY INNOVATION ................................... 54,433 54,433 

045 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.197,824 197,824 

046 0603527D8Z RETRACT LARCH ........................................................ 99,175 99,175 

047 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 18,221 18,221 

048 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS.102,669 102,669 

049 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES.2,984 2,984 

050 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 

AND TECHNOLOGY PROGRAM.

134,022 380,322 

Additive manufacturing training ................................. [5,000 ] 

Biotechnology innovation—enabling modular and 

scalable bioindustrial and resuable assets.

[200,000 ] 

Certification-based workforce training programs for 

manufacturing.

[3,000 ] 

CPF—cold spray and rapid deposition lab .................. [1,300 ] 

Cybersecurity for industrial control systems .............. [3,000 ] 

Data analytics and visual system ................................ [3,000 ] 

HPC-enabled advanced manufacturing ....................... [8,000 ] 

Hypersonics advanced manufacturing ......................... [10,000 ] 

Integrated silicon-based lasers ..................................... [10,000 ] 

Virtual reality-enabled smart installation experimentation.[3,000 ] 

051 0603680S MANUFACTURING TECHNOLOGY PROGRAM ..... 37,543 47,543 

Program increase—steel performance initiative ........ [10,000 ] 

053 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.12,418 12,418 

054 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM.51,863 81,863 

Program increase—AFFF replacement, disposal, and 

cleanup technology.

[15,000 ] 

Program increase—PFAS remediation and disposal 

technology.

[15,000 ] 

055 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT.160,821 160,821 

056 0603727D8Z JOINT WARFIGHTING PROGRAM ........................... 2,169 2,169 

057 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ...... 116,716 140,716 

Program increase—ERI 2.0 .......................................... [24,000 ] 

058 0603760E COMMAND, CONTROL AND COMMUNICATIONS 

SYSTEMS.

251,794 295,394 

Classified increase ......................................................... [21,000 ] 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2292 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

Deep water active sonar ............................................... [15,000 ] 

Network UP ................................................................... [5,000 ] 

SHARE alignment with OTNK research .................... [1,100 ] 

SHARE ICN performance enhancements for operational use.[1,500 ] 

059 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY .. 584,771 779,246 

Air combat evolution (ACE) ......................................... [8,200 ] 

Artificial intelligence research activities ..................... [100,000 ] 

Assault breaker II ......................................................... [50,000 ] 

Classified increase ......................................................... [20,400 ] 

Ocean of things .............................................................. [875 ] 

Ocean of things phase 3 demonstration ...................... [10,000 ] 

Timely information for maritime engagements 

(TIMEly).

[5,000 ] 

060 0603767E SENSOR TECHNOLOGY ............................................ 294,792 367,392 

Classified increase ......................................................... [27,800 ] 

SECTRE munitions digital twin for in theater/flight 

target additions and performance improvements.

[4,400 ] 

Systems of systems-enhanced small units (SESU) .... [4,400 ] 

Thermal imaging technology experiment-recon 

(TITE-R).

[36,000 ] 

061 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.6,398 9,198 

Systems of systems-enhanced small units (SESU) .... [2,800 ] 

062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ................ 14,677 14,977 

CODE enhancements for SESU ................................... [300 ] 

065 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM.107,397 107,397 

066 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY.267,161 267,161 

067 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK 21,270 31,270 

Program increase .......................................................... [10,000 ] 

068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT.74,300 74,300 

070 0303310D8Z CWMD SYSTEMS ......................................................... 5,000 

Data storage capabilities for special operations 

forces.

[5,000 ] 

074 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 93,415 98,415 

SOF platform agnostic data storage capability .......... [5,000 ] 

075 1206310SDA SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT.172,638 172,638 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.4,007,596 4,920,571 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

076 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.28,687 28,687 

077 0603600D8Z WALKOFF ..................................................................... 108,652 108,652 

078 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES.5,000 

CDO for ADA ................................................................. [5,000 ] 

079 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM.71,429 89,429 

Military energy resilience catalyst .............................. [3,000 ] 

Program increase—AFFF replacement, disposal, and 

cleanup technology.

[5,000 ] 

Program increase—PFAS remediation and disposal 

technology.

[10,000 ] 

080 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.

277,949 213,382 

Unjustified request, lacking acquisition strategy— 

LHD.

[–64,567 ] 

081 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.745,144 740,144 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2293 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

Unjustified growth—ground support and fire control 

LHD lack of validated requirement and acquisition 

strategy.

[–5,000 ] 

082 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL.129,445 129,445 

083 0603884C BALLISTIC MISSILE DEFENSE SENSORS ............ 224,750 227,762 

MDA UFR—Cybersecurity improvements .................. [3,012 ] 

084 0603890C BMD ENABLING PROGRAMS ................................... 595,301 631,881 

MDA UFR—Cybersecurity improvements .................. [44,830 ] 

Unjustified growth—LHD lack of validated requirement and acquisition strategy.[–8,250 ] 

085 0603891C SPECIAL PROGRAMS—MDA ..................................... 413,374 413,374 

086 0603892C AEGIS BMD .................................................................. 732,512 694,418 

Layered homeland defense lack of requirement ......... [–86,494 ] 

MDA UFR—Radar upgrades ........................................ [48,400 ] 

087 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND 

CONTROL, BATTLE MANAGEMENT AND 

COMMUNICATI.

603,448 587,424 

MDA UFR—Cybersecurity improvements .................. [2,000 ] 

MDA UFR—JADC2 integration ................................... [4,476 ] 

Unjustified growth—LHD lack of validated requirement and acquisition strategy.[–22,500 ] 

088 0603898C BALLISTIC MISSILE DEFENSE JOINT 

WARFIGHTER SUPPORT.

50,594 50,594 

089 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC).52,403 52,403 

090 0603906C REGARDING TRENCH ............................................... 11,952 11,952 

091 0603907C SEA BASED X-BAND RADAR (SBX) ......................... 147,241 147,241 

092 0603913C ISRAELI COOPERATIVE PROGRAMS ..................... 300,000 300,000 

093 0603914C BALLISTIC MISSILE DEFENSE TEST .................... 362,906 362,906 

094 0603915C BALLISTIC MISSILE DEFENSE TARGETS ............ 553,334 568,784 

Advanced target front end configuration 3 tech maturation.[5,000 ] 

Architecture RTS development .................................... [10,000 ] 

MDS architecture IAC prototype ................................. [5,000 ] 

Unjustified growth—LHD lack of validated requirement and acquisition strategy.[–4,550 ] 

096 0603923D8Z COALITION WARFARE .............................................. 5,103 5,103 

097 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G).374,665 474,665 

5G acceleration activities ............................................. [100,000 ] 

098 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM.3,259 3,259 

099 0604102C GUAM DEFENSE DEVELOPMENT .......................... 78,300 138,300 

INDOPACOM UFR—Guam Defense System ............. [60,000 ] 

100 0604115C TECHNOLOGY MATURATION INITIATIVES ......... 34,000 

Program increase—diode pumped alkali laser ........... [14,000 ] 

Short pulse laser directed energy demonstration ....... [20,000 ] 

103 0604181C HYPERSONIC DEFENSE ........................................... 247,931 309,796 

MDA UFR—Accelerate hypersonic defensive systems [61,865 ] 

104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES ......... 716,456 831,456 

Mission-based acquisition ............................................. [100,000 ] 

Program increase—mobile nuclear microreactor ........ [15,000 ] 

105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS ..... 509,195 548,995 

Advanced analog & mixed signal microelectronics 

design and manufacturing.

[6,800 ] 

Radiation-hardened application specific integrated 

circuits.

[18,000 ] 

Trusted and assured GaN and GaAs RFIC technology.[15,000 ] 

106 0604331D8Z RAPID PROTOTYPING PROGRAM ........................... 103,575 182,575 

ADA network resiliency/cloud ...................................... [79,000 ] 

107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) PROTOTYPING.11,213 26,213 

National security innovation capital program increase.[15,000 ] 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2294 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED 

SYSTEM COMMON DEVELOPMENT.

2,778 2,778 

109 0604551BR CATAPULT .................................................................... 7,166 7,166 

110 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T.23,200 23,200 

111 0604672C HOMELAND DEFENSE RADAR—HAWAII (HDRH).75,000 

INDOPACOM UFR—Restoration of HDR-H .............. [75,000 ] 

113 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC 

ANALYSIS (SSA).

3,519 3,519 

114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS.

17,439 17,439 

115 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 133,335 133,335 

116 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS.926,125 926,125 

117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST.32,697 32,697 

118 0604878C AEGIS BMD TEST ....................................................... 117,055 111,255 

Unjustified growth—AEGIS LHD test funding early 

to need.

[–5,800 ] 

119 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST .... 77,428 77,428 

120 0604880C LAND-BASED SM–3 (LBSM3) .................................... 43,158 43,158 

121 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE 

SEGMENT TEST.

61,424 61,424 

122 0202057C SAFETY PROGRAM MANAGEMENT ....................... 2,323 2,323 

123 0300206R ENTERPRISE INFORMATION TECHNOLOGY 

SYSTEMS.

2,568 2,568 

125 0305103C CYBER SECURITY INITIATIVE ................................ 1,142 1,142 

126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 

PROTOTYPING.

636,179 648,179 

Laser communication terminal technologies .............. [6,000 ] 

Space laser communications ........................................ [6,000 ] 

127 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM .. 15,176 15,176 

128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE 

PROGRAMS.

292,811 292,811 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.9,854,341 10,394,563 

SYSTEM DEVELOPMENT & DEMONSTRATION 

129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD.5,682 5,682 

131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD.299,848 299,848 

132 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS).9,345 9,345 

133 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION 

SYSTEMS DEVELOPMENT.

14,063 14,063 

134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265 

135 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE.7,205 7,205 

136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ................. 5,447 5,447 

137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES ........... 16,892 34,892 

ADVANA for ADA ......................................................... [18,000 ] 

138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 

AND DEMONSTRATION.

679 679 

140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM.32,254 32,254 

142 0605141BR MISSION ASSURANCE RISK MANAGEMENT 

SYSTEM (MARMS).

5,500 5,500 

143 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT 

CAPABILITIES.

7,148 7,148 

144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS ..... 113,895 113,895 

146 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS.3,991 3,991 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2295 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 

MANAGEMENT (EEIM).

2,227 2,227 

150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND 

DEMONSTRATION.

20,246 20,246 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.548,687 566,687 

MANAGEMENT SUPPORT 

151 0603829J JOINT CAPABILITY EXPERIMENTATION ............. 8,444 8,444 

152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 

(DRRS).

7,508 7,508 

153 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT.7,859 7,859 

154 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP).550,140 550,140 

155 0604942D8Z ASSESSMENTS AND EVALUATIONS ...................... 17,980 17,980 

156 0605001E MISSION SUPPORT .................................................... 73,145 73,145 

157 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC).71,410 71,410 

159 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).52,671 52,671 

161 0605142D8Z SYSTEMS ENGINEERING ......................................... 40,030 40,030 

162 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ........... 4,612 4,612 

163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ......... 14,429 14,429 

164 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION 

INTEGRATION.

4,759 4,759 

165 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) .. 1,952 1,952 

166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.110,503 110,503 

172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 

(SBIR)/ SMALL BUSINESS TECHNOLOGY 

TRANSFER.

3,639 3,639 

173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE ........ 25,889 63,889 

Regional secure computing enclave pilot .................... [38,000 ] 

174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ..................... 39,774 257,774 

ISR & information operations ...................................... [10,000 ] 

PNT modernization—signals of opportunity ............... [140,000 ] 

Spectrum innovation—low SWaP-C directional 

sources.

[68,000 ] 

175 0605801KA DEFENSE TECHNICAL INFORMATION CENTER 

(DTIC).

61,453 61,453 

176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION.18,762 18,762 

177 0605804D8Z DEVELOPMENT TEST AND EVALUATION ........... 27,366 27,366 

178 0605898E MANAGEMENT HQ—R&D ......................................... 12,740 12,740 

179 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC).3,549 3,549 

180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ............. 15,438 15,438 

181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS.2,897 2,897 

182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT SUPPORT.918 918 

183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 

POLICY.

31,638 31,638 

184 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE 

(DOSI).

2,925 2,925 

185 0204571J JOINT STAFF ANALYTICAL SUPPORT .................. 977 977 

186 0208045K C4I INTEROPERABILITY ........................................... 55,361 60,361 

Joint warfighting network architecture ...................... [5,000 ] 

189 0303140SE INFORMATION SYSTEMS SECURITY PROGRAM 853 853 

191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 

OFFICE (DMDPO).

969 969 

192 0305172K COMBINED ADVANCED APPLICATIONS .............. 15,696 15,696 

194 0305208K DISTRIBUTED COMMON GROUND/SURFACE 

SYSTEMS.

3,073 3,073 

197 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA.29,530 29,530 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2296 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

198 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI).689 689 

199 0901598C MANAGEMENT HQ—MDA ........................................ 24,102 24,102 

200 0903235K JOINT SERVICE PROVIDER (JSP) ........................... 2,645 2,645 

999 9999999999 CLASSIFIED PROGRAMS .......................................... 37,520 37,520 

SUBTOTAL MANAGEMENT SUPPORT ............... 1,383,845 1,644,845 

OPERATIONAL SYSTEMS DEVELOPMENT 

202 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ............... 5,355 5,355 

203 0604532K JOINT ARTIFICIAL INTELLIGENCE ....................... 10,033 67,833 

JAIC for ADA ................................................................ [57,800 ] 

206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 

SUSTAINMENT SUPPORT.

58,189 149,689 

Accelerated training in defense manufacturing 

(ATDM) pilot.

[10,000 ] 

Carbon/carbon industrial base enhancement .............. [6,000 ] 

Demonstration program on domestic production of 

rare earth elements from coal byproducts.

[3,000 ] 

Digital manufacturing .................................................. [1,500 ] 

Directed energy supply chain assurance ..................... [2,000 ] 

Industrial skills training .............................................. [2,500 ] 

Machine and advanced manufacturing—IACMI ........ [20,000 ] 

Program increase .......................................................... [20,000 ] 

Radar resiliency ............................................................ [2,500 ] 

Rare earth element separation technologies ............... [4,000 ] 

Submarine construction workforce training pipeline [20,000 ] 

207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT.18,721 18,721 

208 0607327T GLOBAL THEATER SECURITY COOPERATION 

MANAGEMENT INFORMATION SYSTEMS (GTSCMIS).

7,398 7,398 

209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT).58,261 58,261 

215 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION.16,233 16,233 

216 0303126K LONG-HAUL COMMUNICATIONS—DCS ................ 10,275 10,275 

217 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).4,892 4,892 

218 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ... 83,751 83,751 

219 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 49,191 69,191 

Workforce transformation cyber initiative pilot program.[20,000 ] 

220 0303140G INFORMATION SYSTEMS SECURITY PROGRAM 423,745 535,845 

Additional cybersecurity support for the defense industrial base.[25,000 ] 

Hardening DOD networks ............................................ [12,100 ] 

JFHQ DODIN staffing and tools ................................. [50,000 ] 

Pilot program on public-private partnership with 

internet ecosystem companies.

[25,000 ] 

221 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 5,707 5,707 

222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ..... 4,150 4,150 

223 0303153K DEFENSE SPECTRUM ORGANIZATION ................. 19,302 19,302 

224 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) ..... 9,342 9,342 

226 0303430V FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY.15,326 15,326 

232 0305128V SECURITY AND INVESTIGATIVE ACTIVITIES ..... 8,800 8,800 

235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.3,820 3,820 

237 0305186D8Z POLICY R&D PROGRAMS .......................................... 4,843 4,843 

238 0305199D8Z NET CENTRICITY ....................................................... 13,471 13,471 

240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 

SYSTEMS.

5,994 5,994 

247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM.1,273 1,273 

255 0708012K LOGISTICS SUPPORT ACTIVITIES ......................... 1,690 1,690 

256 0708012S PACIFIC DISASTER CENTERS ................................. 1,799 1,799 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2297 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2022 Request 

Conference 

Authorized 

257 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM.6,390 6,390 

259 1105219BB MQ–9 UAV .................................................................... 19,065 19,065 

261 1160403BB AVIATION SYSTEMS .................................................. 173,537 173,537 

262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ......... 32,766 32,766 

263 1160408BB OPERATIONAL ENHANCEMENTS .......................... 145,830 167,230 

Program increase—AISUM .......................................... [21,400 ] 

264 1160431BB WARRIOR SYSTEMS ................................................... 78,592 82,803 

SOCOM UFR—Maritime scalable effects acceleration.[4,211 ] 

265 1160432BB SPECIAL PROGRAMS ................................................. 6,486 6,486 

266 1160434BB UNMANNED ISR ......................................................... 18,006 18,006 

267 1160480BB SOF TACTICAL VEHICLES ....................................... 7,703 7,703 

268 1160483BB MARITIME SYSTEMS ................................................. 58,430 58,430 

270 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE.10,990 10,990 

999 9999999999 CLASSIFIED PROGRAMS .......................................... 5,208,029 5,208,029 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.6,607,385 6,914,396 

SOFTWARE AND DIGITAL TECHNOLOGY 

PILOT PROGRAMS 

UNDISTRIBUTED 

272 0604532K JOINT ARTIFICIAL INTELLIGENCE ....................... 186,639 186,639 

273 0608197V NATIONAL BACKGROUND INVESTIGATION 

SERVICES—SOFTWARE PILOT PROGRAM.

123,570 123,570 

274 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT 

PROGRAM.

18,307 18,307 

275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ..... 32,774 32,774 

276 0308588D8Z ALGORITHMIC WARFARE CROSS FUNCTIONAL 

TEAMS—SOFTWARE PILOT PROGRAM.

247,452 283,452 

MAVEN for ADA ........................................................... [36,000 ] 

SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.608,742 644,742 

SUBTOTAL UNDISTRIBUTED ............................... 36,000 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, DW.

25,857,875 28,784,404 

OPERATIONAL TEST & EVAL, DEFENSE 

MANAGEMENT SUPPORT 

001 0605118OTE OPERATIONAL TEST AND EVALUATION ............. 105,394 105,394 

002 0605131OTE LIVE FIRE TEST AND EVALUATION ...................... 68,549 68,549 

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES.42,648 62,648 

Joint Test and Evaluation restoration ........................ [20,000 ] 

SUBTOTAL MANAGEMENT SUPPORT ............... 216,591 236,591 

TOTAL OPERATIONAL TEST & EVAL, DEFENSE.216,591 236,591 

TOTAL RDT&E ........................................................... 111,964,192 117,729,317 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2298 PUBLIC LAW 117–81—DEC. 27, 2021 

TITLE XLIII—OPERATION AND 

MAINTENANCE 

SEC. 4301. OPERATION AND MAINTENANCE. 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 3,563,856 3,528,856 

Unjustified growth .......................................................... [–35,000 ] 

020 MODULAR SUPPORT BRIGADES ............................... 142,082 142,082 

030 ECHELONS ABOVE BRIGADE .................................... 758,174 758,174 

040 THEATER LEVEL ASSETS .......................................... 2,753,783 2,653,783 

Unjustified growth .......................................................... [–100,000 ] 

050 LAND FORCES OPERATIONS SUPPORT .................. 1,110,156 1,110,156 

060 AVIATION ASSETS ........................................................ 1,795,522 1,775,522 

Unjustified growth .......................................................... [–20,000 ] 

070 FORCE READINESS OPERATIONS SUPPORT ......... 7,442,976 7,652,631 

Advanced bomb suit ........................................................ [12,940 ] 

Army UFR—Arctic cold weather gloves ........................ [13,867 ] 

Army UFR—Arctic OCIE ............................................... [65,050 ] 

Army UFR—ECWCS procurement ................................ [8,999 ] 

Army UFR—Female/small stature body armor ............ [81,750 ] 

Army UFR—Garrison Installation Facilities-Related 

Control Systems (FRCS) ............................................. [13,071 ] 

Army UFR—Heavylift transportation for OIR ............. [33,854 ] 

Army UFR—Industrial base special installation control systems .................................................................. [14,824 ] 

CENTCOM UFR—Heavylift logistics ............................ [40,300 ] 

Unjustified growth .......................................................... [–75,000 ] 

080 LAND FORCES SYSTEMS READINESS ..................... 580,921 594,921 

CENTCOM UFR—COMSAT air time ........................... [34,000 ] 

Unjustified growth .......................................................... [–20,000 ] 

090 LAND FORCES DEPOT MAINTENANCE .................. 1,257,959 1,346,976 

Army UFR—Tactical Combat Vehicle Repair Cycle 

Float .............................................................................. [89,017 ] 

100 MEDICAL READINESS ................................................. 1,102,964 1,102,964 

110 BASE OPERATIONS SUPPORT ................................... 8,878,603 8,868,603 

Program decrease ............................................................ [–10,000 ] 

120 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 4,051,869 4,534,869 

Program increase—FSRM .............................................. [483,000 ] 

130 MANAGEMENT AND OPERATIONAL HEADQUARTERS .................................................................. 289,891 289,891 

140 ADDITIONAL ACTIVITIES ........................................... 526,517 526,517 

160 RESET .............................................................................. 397,196 392,196 

Unjustified growth .......................................................... [–5,000 ] 

170 US AFRICA COMMAND ................................................ 384,791 518,337 

AFRICOM UFR—Commercial SATCOM ...................... [16,500 ] 

AFRICOM UFR—ISR improvements ............................ [67,000 ] 

Army UFR—MQ–9 COCO Support to AFRICOM ........ [50,046 ] 

180 US EUROPEAN COMMAND ........................................ 293,932 335,910 

EUCOM UFR—Information Operations ....................... [26,765 ] 

EUCOM UFR—Mission Partner Environment ............. [15,213 ] 

190 US SOUTHERN COMMAND ........................................ 196,726 196,726 

200 US FORCES KOREA ...................................................... 67,052 67,052 

210 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS ........................................................................ 621,836 654,751 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2299 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

Army UFR—Critical infrastructure risk management 

cyber resiliency mitigations ........................................ [13,630 ] 

Army UFR—MRCT / Cyber I&W / Ops Cell ................. [4,655 ] 

Army UFR—Security Operations Center as a Service 

(SOCaaS) ...................................................................... [14,630 ] 

220 CYBERSPACE ACTIVITIES—CYBERSECURITY ...... 629,437 726,176 

Army UFR—C-SCRM supplier vetting and equipment 

inspection ..................................................................... [1,200 ] 

Army UFR—Cybersecurity control systems assessments ............................................................................ [89,889 ] 

Army UFR—Cyber-Supply Chain Risk Mgmt (CSCRM) program ........................................................... [2,750 ] 

Army UFR—Defensive cyber sensors ............................ [2,900 ] 

SUBTOTAL OPERATING FORCES ......................... 36,846,243 37,777,093 

MOBILIZATION 

230 STRATEGIC MOBILITY ................................................ 353,967 353,967 

240 ARMY PREPOSITIONED STOCKS .............................. 381,192 381,192 

250 INDUSTRIAL PREPAREDNESS .................................. 3,810 3,810 

SUBTOTAL MOBILIZATION ..................................... 738,969 738,969 

TRAINING AND RECRUITING 

260 OFFICER ACQUISITION .............................................. 163,568 163,568 

270 RECRUIT TRAINING .................................................... 75,140 75,140 

280 ONE STATION UNIT TRAINING ................................ 81,274 81,274 

290 SENIOR RESERVE OFFICERS TRAINING CORPS .. 520,973 520,973 

300 SPECIALIZED SKILL TRAINING ................................ 998,869 998,869 

310 FLIGHT TRAINING ....................................................... 1,309,556 1,309,556 

320 PROFESSIONAL DEVELOPMENT EDUCATION ..... 218,651 218,651 

330 TRAINING SUPPORT .................................................... 616,380 629,480 

Army UFR—ATRRS Modernization .............................. [18,100 ] 

Unjustified growth .......................................................... [–5,000 ] 

340 RECRUITING AND ADVERTISING ............................ 683,569 684,963 

Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,394 ] 

350 EXAMINING ................................................................... 169,442 169,442 

360 OFF-DUTY AND VOLUNTARY EDUCATION ............ 214,923 231,078 

Army UFR—Tuition assistance ..................................... [16,155 ] 

370 CIVILIAN EDUCATION AND TRAINING .................. 220,589 220,589 

380 JUNIOR RESERVE OFFICER TRAINING CORPS .... 187,569 187,569 

SUBTOTAL TRAINING AND RECRUITING ......... 5,460,503 5,491,152 

ADMIN & SRVWIDE ACTIVITIES 

400 SERVICEWIDE TRANSPORTATION ........................... 684,562 672,562 

Unjustified growth .......................................................... [–12,000 ] 

410 CENTRAL SUPPLY ACTIVITIES ................................. 808,895 808,895 

420 LOGISTIC SUPPORT ACTIVITIES .............................. 767,053 796,157 

Army UFR—AMC LITeS ................................................ [29,104 ] 

430 AMMUNITION MANAGEMENT .................................. 469,038 469,038 

440 ADMINISTRATION ........................................................ 488,535 484,535 

Unjustified growth .......................................................... [–4,000 ] 

450 SERVICEWIDE COMMUNICATIONS ......................... 1,952,742 2,007,462 

Army UFR—CHRA IT Cloud ......................................... [5,300 ] 

Army UFR—ERP convergence/modernization .............. [49,420 ] 

460 MANPOWER MANAGEMENT ...................................... 323,273 323,273 

470 OTHER PERSONNEL SUPPORT ................................. 663,602 694,670 

Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,393 ] 

Army UFR—HR cloud and IT modernization ............... [29,675 ] 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2300 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

480 OTHER SERVICE SUPPORT ........................................ 2,004,981 2,031,364 

Program increase—DFAS unfunded requirement ........ [49,983 ] 

Unjustified growth .......................................................... [–23,600 ] 

490 ARMY CLAIMS ACTIVITIES ........................................ 180,178 180,178 

500 REAL ESTATE MANAGEMENT .................................. 269,009 272,509 

Program increase—real estate inventory tool ............... [3,500 ] 

510 FINANCIAL MANAGEMENT AND AUDIT READINESS ............................................................................ 437,940 437,940 

520 INTERNATIONAL MILITARY HEADQUARTERS ..... 482,571 482,571 

530 MISC. SUPPORT OF OTHER NATIONS ..................... 29,670 29,670 

9999 CLASSIFIED PROGRAMS ............................................. 2,008,633 2,026,633 

SOUTHCOM UFR—Additional traditional ISR operations ............................................................................ [18,000 ] 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .... 11,570,682 11,717,457 

UNDISTRIBUTED 

998 UNDISTRIBUTED .......................................................... –125,000 

Historical unobligated balances ..................................... [–125,000 ] 

SUBTOTAL UNDISTRIBUTED ................................. –125,000 

TOTAL OPERATION & MAINTENANCE, ARMY 54,616,397 55,599,671 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

010 MODULAR SUPPORT BRIGADES ............................... 10,465 10,465 

020 ECHELONS ABOVE BRIGADE .................................... 554,992 554,992 

030 THEATER LEVEL ASSETS .......................................... 120,892 120,892 

040 LAND FORCES OPERATIONS SUPPORT .................. 597,718 597,718 

050 AVIATION ASSETS ........................................................ 111,095 111,095 

060 FORCE READINESS OPERATIONS SUPPORT ......... 385,506 385,506 

070 LAND FORCES SYSTEMS READINESS ..................... 98,021 98,021 

080 LAND FORCES DEPOT MAINTENANCE .................. 34,368 34,368 

090 BASE OPERATIONS SUPPORT ................................... 584,513 584,513 

100 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 342,433 342,433 

110 MANAGEMENT AND OPERATIONAL HEADQUARTERS .................................................................. 22,472 22,472 

120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS ........................................................................ 2,764 2,764 

130 CYBERSPACE ACTIVITIES—CYBERSECURITY ...... 7,476 7,476 

SUBTOTAL OPERATING FORCES ......................... 2,872,715 2,872,715 

ADMIN & SRVWD ACTIVITIES 

140 SERVICEWIDE TRANSPORTATION ........................... 15,400 15,400 

150 ADMINISTRATION ........................................................ 19,611 19,611 

160 SERVICEWIDE COMMUNICATIONS ......................... 37,458 37,458 

170 MANPOWER MANAGEMENT ...................................... 7,162 7,162 

180 RECRUITING AND ADVERTISING ............................ 48,289 48,289 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 127,920 127,920 

UNDISTRIBUTED 

998 UNDISTRIBUTED .......................................................... –10,000 

Historical unobligated balances ..................................... [–10,000 ] 

SUBTOTAL UNDISTRIBUTED ................................. –10,000 

TOTAL OPERATION & MAINTENANCE, ARMY 

RES .............................................................................. 3,000,635 2,990,635 

OPERATION & MAINTENANCE, ARNG 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2301 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 799,854 799,854 

020 MODULAR SUPPORT BRIGADES ............................... 211,561 211,561 

030 ECHELONS ABOVE BRIGADE .................................... 835,709 835,709 

040 THEATER LEVEL ASSETS .......................................... 101,179 101,179 

050 LAND FORCES OPERATIONS SUPPORT .................. 34,436 34,436 

060 AVIATION ASSETS ........................................................ 1,110,416 1,100,416 

Unjustified growth .......................................................... [–10,000 ] 

070 FORCE READINESS OPERATIONS SUPPORT ......... 704,827 709,927 

CNGB UFR—Weapons of Mass Destruction Civil Support Teams Equipment Sustainment ......................... [5,100 ] 

080 LAND FORCES SYSTEMS READINESS ..................... 47,886 47,886 

090 LAND FORCES DEPOT MAINTENANCE .................. 244,439 244,439 

100 BASE OPERATIONS SUPPORT ................................... 1,097,960 1,097,960 

110 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 956,988 956,988 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS .................................................................. 1,047,870 1,047,870 

130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS ........................................................................ 8,071 8,071 

140 CYBERSPACE ACTIVITIES—CYBERSECURITY ...... 7,828 7,828 

SUBTOTAL OPERATING FORCES ......................... 7,209,024 7,204,124 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE TRANSPORTATION ........................... 8,017 8,017 

160 ADMINISTRATION ........................................................ 76,993 81,993 

Program increase—State Partnership Program ........... [5,000 ] 

170 SERVICEWIDE COMMUNICATIONS ......................... 101,113 101,113 

180 MANPOWER MANAGEMENT ...................................... 8,920 8,920 

190 OTHER PERSONNEL SUPPORT ................................. 240,292 240,292 

200 REAL ESTATE MANAGEMENT .................................. 2,850 2,850 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 438,185 443,185 

UNDISTRIBUTED 

998 UNDISTRIBUTED .......................................................... –40,000 

Historical unobligated balances ..................................... [–40,000 ] 

SUBTOTAL UNDISTRIBUTED ................................. –40,000 

TOTAL OPERATION & MAINTENANCE, ARNG 7,647,209 7,607,309 

AFGHANISTAN SECURITY FORCES FUND 

AFGHAN NATIONAL ARMY 

010 SUSTAINMENT .............................................................. 1,053,668 0 

Program reduction ........................................................... [–1,053,668 ] 

020 INFRASTRUCTURE ....................................................... 1,818 0 

Program reduction ........................................................... [–1,818 ] 

030 EQUIPMENT AND TRANSPORTATION ..................... 22,911 0 

Program reduction ........................................................... [–22,911 ] 

040 TRAINING AND OPERATIONS ................................... 31,837 0 

Program reduction ........................................................... [–31,837 ] 

SUBTOTAL AFGHAN NATIONAL ARMY ............... 1,110,234 0 

AFGHAN NATIONAL POLICE 

050 SUSTAINMENT .............................................................. 440,628 0 

Program reduction ........................................................... [–440,628 ] 

070 EQUIPMENT AND TRANSPORTATION ..................... 38,551 0 

Program reduction ........................................................... [–38,551 ] 

080 TRAINING AND OPERATIONS ................................... 38,152 0 

Program reduction ........................................................... [–38,152 ] 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2302 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

SUBTOTAL AFGHAN NATIONAL POLICE ........... 517,331 0 

AFGHAN AIR FORCE 

090 SUSTAINMENT .............................................................. 562,056 0 

Program reduction ........................................................... [–562,056 ] 

110 EQUIPMENT AND TRANSPORTATION ..................... 26,600 0 

Program reduction ........................................................... [–26,600 ] 

120 TRAINING AND OPERATIONS ................................... 169,684 0 

Program reduction ........................................................... [–169,684 ] 

SUBTOTAL AFGHAN AIR FORCE .......................... 758,340 0 

AFGHAN SPECIAL SECURITY FORCES 

130 SUSTAINMENT .............................................................. 685,176 0 

Program reduction ........................................................... [–685,176 ] 

150 EQUIPMENT AND TRANSPORTATION ..................... 78,962 0 

Program reduction ........................................................... [–78,962 ] 

160 TRAINING AND OPERATIONS ................................... 177,767 0 

Program reduction ........................................................... [–177,767 ] 

SUBTOTAL AFGHAN SPECIAL SECURITY 

FORCES ...................................................................... 941,905 0 

TOTAL AFGHANISTAN SECURITY FORCES 

FUND ........................................................................... 3,327,810 0 

COUNTER ISIS TRAIN AND EQUIP FUND 

(CTEF) 

COUNTER ISIS TRAIN AND EQUIP FUND 

(CTEF) 

010 IRAQ ................................................................................. 345,000 345,000 

020 SYRIA ............................................................................... 177,000 177,000 

SUBTOTAL COUNTER ISIS TRAIN AND EQUIP 

FUND (CTEF) ............................................................ 522,000 522,000 

TOTAL COUNTER ISIS TRAIN AND EQUIP 

FUND (CTEF) ............................................................ 522,000 522,000 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 6,264,654 6,545,054 

Navy UFR—Flying hour program - fleet operations .... [280,400 ] 

020 FLEET AIR TRAINING ................................................. 2,465,007 2,465,007 

030 AVIATION TECHNICAL DATA & ENGINEERING 

SERVICES ................................................................... 55,140 55,140 

040 AIR OPERATIONS AND SAFETY SUPPORT ............. 197,904 197,904 

050 AIR SYSTEMS SUPPORT ............................................. 1,005,932 1,005,932 

060 AIRCRAFT DEPOT MAINTENANCE .......................... 1,675,356 1,897,556 

Navy UFR—Additional aircraft depot maintenance 

events ............................................................................ [222,200 ] 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 65,518 65,518 

080 AVIATION LOGISTICS .................................................. 1,460,546 1,460,546 

090 MISSION AND OTHER SHIP OPERATIONS ............. 5,858,028 5,893,028 

Navy UFR—Resilient Communications and PNT for 

Combat Logistics Fleet (CLF) ..................................... [29,000 ] 

Navy UFR—Submarine Tender Overhaul .................... [42,000 ] 

Unjustified growth .......................................................... [–36,000 ] 

100 SHIP OPERATIONS SUPPORT & TRAINING ........... 1,154,696 1,154,696 

110 SHIP DEPOT MAINTENANCE .................................... 10,300,078 10,514,878 

Navy UFR—A–120 availability ...................................... [39,800 ] 

Retained cruisers ............................................................. [135,000 ] 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2303 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

USS Connecticut emergent repairs ............................... [40,000 ] 

120 SHIP DEPOT OPERATIONS SUPPORT ...................... 2,188,454 2,188,454 

130 COMBAT COMMUNICATIONS AND ELECTRONIC 

WARFARE ................................................................... 1,551,846 1,551,846 

140 SPACE SYSTEMS AND SURVEILLANCE .................. 327,251 327,251 

150 WARFARE TACTICS ...................................................... 798,082 798,082 

160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ......................................................................... 447,486 447,486 

170 COMBAT SUPPORT FORCES ...................................... 2,250,756 2,282,856 

CENTCOM UFR—Naval patrol craft support .............. [47,100 ] 

Unjustified growth .......................................................... [–15,000 ] 

180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT ..................................................... 192,968 192,968 

190 COMBATANT COMMANDERS CORE OPERATIONS 61,614 61,614 

200 COMBATANT COMMANDERS DIRECT MISSION 

SUPPORT ..................................................................... 198,596 445,596 

INDOPACOM UFR—Critical HQ manpower positions [4,620 ] 

INDOPACOM UFR—ISR augmentation ....................... [41,000 ] 

INDOPACOM UFR—Multi-Domain Training and Experimentation Capability ............................................ [59,410 ] 

Program increase—INDOPACOM Future fusion centers ................................................................................ [3,300 ] 

Program increase—INDOPACOM Mission Partner 

Environment ................................................................ [50,170 ] 

Program increase—INDOPACOM Pacific Movement 

Coordination Center .................................................... [500 ] 

Program increase—INDOPACOM Wargaming analytical tools ........................................................................ [88,000 ] 

210 MILITARY INFORMATION SUPPORT OPERATIONS ........................................................................ 8,984 36,984 

Program increase—INDOPACOM Military Information Support Operations .............................................. [28,000 ] 

220 CYBERSPACE ACTIVITIES .......................................... 565,926 560,926 

Identity, credentialing, and access management reduction .......................................................................... [–5,000 ] 

230 FLEET BALLISTIC MISSILE ....................................... 1,476,247 1,476,247 

240 WEAPONS MAINTENANCE ......................................... 1,538,743 1,513,743 

Historical underexecution ............................................... [–25,000 ] 

250 OTHER WEAPON SYSTEMS SUPPORT ..................... 592,357 592,357 

260 ENTERPRISE INFORMATION ..................................... 734,970 690,970 

Unjustified growth .......................................................... [–44,000 ] 

270 SUSTAINMENT, RESTORATION AND MODERNIZATION .............................................................. 2,961,937 3,511,937 

Program increase—FSRM .............................................. [550,000 ] 

280 BASE OPERATING SUPPORT ..................................... 4,826,314 4,816,314 

Program decrease ............................................................ [–10,000 ] 

SUBTOTAL OPERATING FORCES ......................... 51,225,390 52,750,890 

MOBILIZATION 

290 SHIP PREPOSITIONING AND SURGE ...................... 457,015 457,015 

300 READY RESERVE FORCE ............................................ 645,522 645,522 

310 SHIP ACTIVATIONS/INACTIVATIONS ...................... 353,530 349,030 

Historical underexecution ............................................... [–4,500 ] 

320 EXPEDITIONARY HEALTH SERVICES SYSTEMS .. 149,384 149,384 

330 COAST GUARD SUPPORT ........................................... 20,639 20,639 

SUBTOTAL MOBILIZATION ..................................... 1,626,090 1,621,590 

TRAINING AND RECRUITING 

340 OFFICER ACQUISITION .............................................. 172,913 172,913 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2304 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

350 RECRUIT TRAINING .................................................... 13,813 13,813 

360 RESERVE OFFICERS TRAINING CORPS .................. 167,152 167,152 

370 SPECIALIZED SKILL TRAINING ................................ 1,053,104 1,053,104 

380 PROFESSIONAL DEVELOPMENT EDUCATION ..... 311,209 311,209 

390 TRAINING SUPPORT .................................................... 306,302 306,302 

400 RECRUITING AND ADVERTISING ............................ 205,219 205,219 

410 OFF-DUTY AND VOLUNTARY EDUCATION ............ 79,053 79,053 

420 CIVILIAN EDUCATION AND TRAINING .................. 109,754 109,754 

430 JUNIOR ROTC ................................................................ 57,323 57,323 

SUBTOTAL TRAINING AND RECRUITING ......... 2,475,842 2,475,842 

ADMIN & SRVWD ACTIVITIES 

440 ADMINISTRATION ........................................................ 1,268,961 1,290,961 

Program increase—Naval Audit Service ....................... [25,000 ] 

Unjustified growth .......................................................... [–3,000 ] 

450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 212,952 212,952 

460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 562,546 562,546 

470 MEDICAL ACTIVITIES ................................................. 285,436 285,436 

480 SERVICEWIDE TRANSPORTATION ........................... 217,782 217,782 

500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT ............................................................................ 479,480 479,480 

510 ACQUISITION, LOGISTICS, AND OVERSIGHT ....... 741,045 741,045 

520 INVESTIGATIVE AND SECURITY SERVICES .......... 738,187 736,687 

Unjustified growth .......................................................... [–1,500 ] 

9999 CLASSIFIED PROGRAMS ............................................. 607,517 603,477 

Classified adjustment ..................................................... [–4,040 ] 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 5,113,906 5,130,366 

UNDISTRIBUTED 

998 UNDISTRIBUTED .......................................................... –58,000 

Historical unobligated balances ..................................... [–58,000 ] 

SUBTOTAL UNDISTRIBUTED ................................. –58,000 

TOTAL OPERATION & MAINTENANCE, NAVY .. 60,441,228 61,920,688 

OPERATION & MAINTENANCE, MARINE 

CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES .............................................. 1,587,456 1,632,756 

Marine Corps UFR—Plate Carrier Gen III .................. [45,300 ] 

020 FIELD LOGISTICS ......................................................... 1,532,630 1,527,630 

Unjustified growth .......................................................... [–5,000 ] 

030 DEPOT MAINTENANCE ............................................... 215,949 215,949 

040 MARITIME PREPOSITIONING .................................... 107,969 107,969 

050 CYBERSPACE ACTIVITIES .......................................... 233,486 233,486 

060 SUSTAINMENT, RESTORATION & MODERNIZATION ............................................................................. 1,221,117 1,354,117 

Program increase—FSRM .............................................. [133,000 ] 

070 BASE OPERATING SUPPORT ..................................... 2,563,278 2,560,278 

Unjustified growth .......................................................... [–3,000 ] 

SUBTOTAL OPERATING FORCES ......................... 7,461,885 7,632,185 

TRAINING AND RECRUITING 

080 RECRUIT TRAINING .................................................... 24,729 24,729 

090 OFFICER ACQUISITION .............................................. 1,208 1,208 

100 SPECIALIZED SKILL TRAINING ................................ 110,752 110,752 

110 PROFESSIONAL DEVELOPMENT EDUCATION ..... 61,539 61,539 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2305 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

120 TRAINING SUPPORT .................................................... 490,975 490,975 

130 RECRUITING AND ADVERTISING ............................ 223,643 223,643 

140 OFF-DUTY AND VOLUNTARY EDUCATION ............ 49,369 49,369 

150 JUNIOR ROTC ................................................................ 26,065 26,065 

SUBTOTAL TRAINING AND RECRUITING ......... 988,280 988,280 

ADMIN & SRVWD ACTIVITIES 

160 SERVICEWIDE TRANSPORTATION ........................... 100,475 100,475 

170 ADMINISTRATION ........................................................ 410,729 410,729 

9999 CLASSIFIED PROGRAMS ............................................. 63,422 63,422 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 574,626 574,626 

UNDISTRIBUTED 

998 UNDISTRIBUTED .......................................................... –10,000 

Historical unobligated balances ..................................... [–10,000 ] 

SUBTOTAL UNDISTRIBUTED ................................. –10,000 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS ............................................................. 9,024,791 9,185,091 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 628,522 628,522 

020 INTERMEDIATE MAINTENANCE .............................. 9,593 9,593 

030 AIRCRAFT DEPOT MAINTENANCE .......................... 135,280 135,280 

040 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 497 497 

050 AVIATION LOGISTICS .................................................. 29,435 29,435 

070 COMBAT COMMUNICATIONS .................................... 18,469 18,469 

080 COMBAT SUPPORT FORCES ...................................... 136,710 136,710 

090 CYBERSPACE ACTIVITIES .......................................... 440 440 

100 ENTERPRISE INFORMATION ..................................... 26,628 26,628 

110 SUSTAINMENT, RESTORATION AND MODERNIZATION .............................................................. 42,311 42,311 

120 BASE OPERATING SUPPORT ..................................... 103,606 103,606 

SUBTOTAL OPERATING FORCES ......................... 1,131,491 1,131,491 

ADMIN & SRVWD ACTIVITIES 

130 ADMINISTRATION ........................................................ 1,943 1,943 

140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 12,191 12,191 

150 ACQUISITION AND PROGRAM MANAGEMENT ..... 3,073 3,073 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 17,207 17,207 

UNDISTRIBUTED 

998 UNDISTRIBUTED .......................................................... –2,500 

Historical unobligated balances ..................................... [–2,500 ] 

SUBTOTAL UNDISTRIBUTED ................................. –2,500 

TOTAL OPERATION & MAINTENANCE, NAVY 

RES .............................................................................. 1,148,698 1,146,198 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ................................................... 102,271 148,171 

Marine Corps UFR—Individual combat clothing and 

equipment ..................................................................... [45,900 ] 

020 DEPOT MAINTENANCE ............................................... 16,811 16,811 

030 SUSTAINMENT, RESTORATION AND MODERNIZATION .............................................................. 42,702 42,702 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2306 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

040 BASE OPERATING SUPPORT ..................................... 109,210 109,210 

SUBTOTAL OPERATING FORCES ......................... 270,994 316,894 

ADMIN & SRVWD ACTIVITIES 

050 ADMINISTRATION ........................................................ 14,056 14,056 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 14,056 14,056 

TOTAL OPERATION & MAINTENANCE, MC RESERVE ......................................................................... 285,050 330,950 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................... 706,860 680,530 

A–10 aircraft retention ................................................... [1,670 ] 

Unjustified growth .......................................................... [–28,000 ] 

020 COMBAT ENHANCEMENT FORCES ......................... 2,382,448 2,346,948 

CENTCOM—MQ–9 combat lines ................................... [53,000 ] 

EUCOM UFR—Air base air defense operations center [1,500 ] 

Unjustified growth .......................................................... [–90,000 ] 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN 

SKILLS) ........................................................................ 1,555,320 1,542,750 

A–10 aircraft retention ................................................... [12,430 ] 

Contract adversary air .................................................... [5,000 ] 

Unjustified growth .......................................................... [–30,000 ] 

040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 3,661,762 3,707,337 

A–10 aircraft retention ................................................... [65,575 ] 

Unjustified growth .......................................................... [–20,000 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 3,867,114 4,342,114 

Program increase—FSRM .............................................. [475,000 ] 

060 CYBERSPACE SUSTAINMENT ................................... 179,568 179,568 

070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ........................................................... 8,457,653 8,784,538 

A–10 aircraft retention ................................................... [15,885 ] 

A–10/F–35 contract maintenance ................................... [156,000 ] 

Program increase—F–35 sustainment .......................... [185,000 ] 

Unjustified growth .......................................................... [–30,000 ] 

080 FLYING HOUR PROGRAM ........................................... 5,646,730 5,699,590 

A–10 aircraft retention ................................................... [52,860 ] 

090 BASE SUPPORT ............................................................. 9,846,037 9,776,037 

Unjustified growth .......................................................... [–70,000 ] 

100 GLOBAL C3I AND EARLY WARNING ........................ 979,705 988,905 

EUCOM—MPE air component battle network ............. [9,200 ] 

110 OTHER COMBAT OPS SPT PROGRAMS ................... 1,418,515 1,399,625 

EUCOM UFR—Air base air defense ............................. [110 ] 

Unjustified growth .......................................................... [–19,000 ] 

120 CYBERSPACE ACTIVITIES .......................................... 864,761 864,761 

150 SPACE CONTROL SYSTEMS ....................................... 13,223 13,223 

160 US NORTHCOM/NORAD .............................................. 196,774 196,774 

170 US STRATCOM ............................................................... 475,015 475,015 

180 US CYBERCOM .............................................................. 389,663 416,163 

CYBERCOM UFR—Acceleration of cyber intelligence [3,200 ] 

Program increase—cyber training ................................. [23,300 ] 

190 US CENTCOM ................................................................ 372,354 386,354 

CENTCOM UFR—MISO program ................................. [24,000 ] 

Unjustified growth—OSC-I ............................................ [–10,000 ] 

200 US SOCOM ...................................................................... 28,733 28,733 

220 CENTCOM CYBERSPACE SUSTAINMENT ............... 1,289 1,289 

230 USSPACECOM ................................................................ 272,601 282,601 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2307 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

SPACECOM UFR—Bridging space protection gaps .... [10,000 ] 

9999 CLASSIFIED PROGRAMS ............................................. 1,454,383 1,454,383 

SUBTOTAL OPERATING FORCES ......................... 42,770,508 43,567,238 

MOBILIZATION 

240 AIRLIFT OPERATIONS ................................................. 2,422,784 2,397,784 

Unjustified growth .......................................................... [–25,000 ] 

250 MOBILIZATION PREPAREDNESS .............................. 667,851 667,851 

SUBTOTAL MOBILIZATION ..................................... 3,090,635 3,065,635 

TRAINING AND RECRUITING 

260 OFFICER ACQUISITION .............................................. 156,193 156,193 

270 RECRUIT TRAINING .................................................... 26,072 26,072 

280 RESERVE OFFICERS TRAINING CORPS (ROTC) .... 127,693 127,693 

290 SPECIALIZED SKILL TRAINING ................................ 491,286 481,286 

Unjustified growth .......................................................... [–10,000 ] 

300 FLIGHT TRAINING ....................................................... 718,742 718,742 

310 PROFESSIONAL DEVELOPMENT EDUCATION ..... 302,092 302,092 

320 TRAINING SUPPORT .................................................... 162,165 162,165 

330 RECRUITING AND ADVERTISING ............................ 171,339 171,339 

340 EXAMINING ................................................................... 8,178 8,178 

350 OFF-DUTY AND VOLUNTARY EDUCATION ............ 236,760 236,760 

360 CIVILIAN EDUCATION AND TRAINING .................. 306,602 306,602 

370 JUNIOR ROTC ................................................................ 65,940 65,940 

SUBTOTAL TRAINING AND RECRUITING ......... 2,773,062 2,763,062 

ADMIN & SRVWD ACTIVITIES 

380 LOGISTICS OPERATIONS ............................................ 1,062,709 1,062,709 

390 TECHNICAL SUPPORT ACTIVITIES ......................... 169,957 169,957 

400 ADMINISTRATION ........................................................ 1,005,827 987,327 

Unjustified growth .......................................................... [–18,500 ] 

410 SERVICEWIDE COMMUNICATIONS ......................... 31,054 31,054 

420 OTHER SERVICEWIDE ACTIVITIES ......................... 1,470,757 1,470,757 

430 CIVIL AIR PATROL ....................................................... 29,128 47,300 

Program increase ............................................................. [18,172 ] 

450 INTERNATIONAL SUPPORT ....................................... 81,118 81,118 

9999 CLASSIFIED PROGRAMS ............................................. 1,391,720 1,391,428 

Classified adjustment ..................................................... [–292 ] 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 5,242,270 5,241,650 

UNDISTRIBUTED 

998 UNDISTRIBUTED .......................................................... –150,000 

Historical unobligated balances ..................................... [–150,000 ] 

SUBTOTAL UNDISTRIBUTED ................................. –150,000 

TOTAL OPERATION & MAINTENANCE, AIR 

FORCE ........................................................................ 53,876,475 54,487,585 

OPERATION & MAINTENANCE, SPACE FORCE 

OPERATING FORCES 

010 GLOBAL C3I & EARLY WARNING ............................. 495,615 495,615 

020 SPACE LAUNCH OPERATIONS .................................. 185,700 185,700 

030 SPACE OPERATIONS .................................................... 611,269 611,269 

040 EDUCATION & TRAINING .......................................... 22,887 22,887 

060 DEPOT MAINTENANCE ............................................... 280,165 306,165 

Program increase—weapon system sustainment ......... [26,000 ] 

070 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 213,347 279,647 

Space Force UFR—FSRM Cheyenne Mountain Complex ............................................................................... [66,300 ] 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2308 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT ............................................................................ 1,158,707 1,246,707 

Program increase—weapon system sustainment ......... [94,000 ] 

Unjustified growth .......................................................... [–6,000 ] 

090 SPACE OPERATIONS -BOS ......................................... 143,520 143,520 

9999 CLASSIFIED PROGRAMS ............................................. 172,755 172,755 

SUBTOTAL OPERATING FORCES ......................... 3,283,965 3,464,265 

ADMINISTRATION AND SERVICE WIDE ACTIVITIES 

100 ADMINISTRATION ........................................................ 156,747 146,747 

Unjustified growth .......................................................... [–10,000 ] 

SUBTOTAL ADMINISTRATION AND SERVICE 

WIDE ACTIVITIES ................................................... 156,747 146,747 

TOTAL OPERATION & MAINTENANCE, SPACE 

FORCE ........................................................................ 3,440,712 3,611,012 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................... 1,665,015 1,636,015 

Unjustified growth .......................................................... [–29,000 ] 

020 MISSION SUPPORT OPERATIONS ............................ 179,486 179,486 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 530,540 530,540 

040 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 114,987 123,987 

Program increase—FSRM .............................................. [9,000 ] 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ........................................................... 254,831 254,831 

060 BASE SUPPORT ............................................................. 470,801 470,801 

070 CYBERSPACE ACTIVITIES .......................................... 1,372 1,372 

SUBTOTAL OPERATING FORCES ......................... 3,217,032 3,197,032 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

080 ADMINISTRATION ........................................................ 91,289 91,289 

090 RECRUITING AND ADVERTISING ............................ 23,181 23,181 

100 MILITARY MANPOWER AND PERS MGMT (ARPC) 13,966 13,966 

110 OTHER PERS SUPPORT (DISABILITY COMP) ......... 6,196 6,196 

120 AUDIOVISUAL ............................................................... 442 442 

SUBTOTAL ADMINISTRATION AND 

SERVICEWIDE ACTIVITIES ................................. 135,074 135,074 

UNDISTRIBUTED 

998 UNDISTRIBUTED .......................................................... –18,000 

Historical unobligated balances ..................................... [–18,000 ] 

SUBTOTAL UNDISTRIBUTED ................................. –18,000 

TOTAL OPERATION & MAINTENANCE, AF RESERVE ......................................................................... 3,352,106 3,314,106 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

010 AIRCRAFT OPERATIONS ............................................. 2,281,432 2,281,432 

020 MISSION SUPPORT OPERATIONS ............................ 582,848 588,748 

CNGB UFR—HRF/CERFP sustainment ....................... [5,900 ] 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,241,318 1,226,318 

Unjustified growth .......................................................... [–15,000 ] 

040 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 353,193 379,193 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2309 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

Program increase—FSRM .............................................. [26,000 ] 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ........................................................... 1,077,654 1,067,654 

Unjustified growth .......................................................... [–10,000 ] 

060 BASE SUPPORT ............................................................. 908,198 908,198 

070 CYBERSPACE SUSTAINMENT ................................... 23,895 23,895 

080 CYBERSPACE ACTIVITIES .......................................... 17,263 17,263 

SUBTOTAL OPERATING FORCES ......................... 6,485,801 6,492,701 

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 

090 ADMINISTRATION ........................................................ 46,455 46,455 

100 RECRUITING AND ADVERTISING ............................ 41,764 41,764 

SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES ................................................... 88,219 88,219 

UNDISTRIBUTED 

998 UNDISTRIBUTED .......................................................... –15,000 

Historical unobligated balances ..................................... [–15,000 ] 

SUBTOTAL UNDISTRIBUTED ................................. –15,000 

TOTAL OPERATION & MAINTENANCE, ANG .... 6,574,020 6,565,920 

OPERATION AND MAINTENANCE, DEFENSEWIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF ........................................... 407,240 402,240 

Unjustified growth .......................................................... [–5,000 ] 

020 JOINT CHIEFS OF STAFF—CE2T2 ............................ 554,634 607,734 

AFRICOM UFR—Joint Exercise Program .................... [18,000 ] 

INDOPACOM UFR—Joint Exercise Program .............. [35,100 ] 

030 JOINT CHIEFS OF STAFF—CYBER ........................... 8,098 8,098 

050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES ....................................... 2,044,479 2,047,789 

SOCOM—Armored ground mobility systems (AGMS) 

acceleration .................................................................. [3,310 ] 

060 SPECIAL OPERATIONS COMMAND CYBERSPACE 

ACTIVITIES ................................................................. 45,851 45,851 

070 SPECIAL OPERATIONS COMMAND INTELLIGENCE ..................................................................... 1,614,757 1,614,757 

080 SPECIAL OPERATIONS COMMAND MAINTENANCE ......................................................................... 1,081,869 1,088,210 

SOCOM UFR—Modernized forward look sonar ........... [900 ] 

SOCOM UFR—Personal signature management acceleration .......................................................................... [5,441 ] 

090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS .............. 180,042 180,042 

100 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT .................................................. 1,202,060 1,202,060 

110 SPECIAL OPERATIONS COMMAND THEATER 

FORCES ....................................................................... 3,175,789 3,175,789 

SUBTOTAL OPERATING FORCES ......................... 10,314,819 10,372,570 

TRAINING AND RECRUITING 

130 DEFENSE ACQUISITION UNIVERSITY .................... 171,607 171,607 

140 JOINT CHIEFS OF STAFF ........................................... 92,905 92,905 

150 PROFESSIONAL DEVELOPMENT EDUCATION ..... 31,669 31,669 

SUBTOTAL TRAINING AND RECRUITING ......... 296,181 296,181 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2310 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

ADMIN & SRVWIDE ACTIVITIES 

170 CIVIL MILITARY PROGRAMS ..................................... 137,311 264,592 

Program increase—National Guard Youth Challenge [85,281 ] 

Program increase—STARBASE ..................................... [42,000 ] 

190 DEFENSE CONTRACT AUDIT AGENCY ................... 618,526 606,526 

Unjustified growth .......................................................... [–12,000 ] 

200 DEFENSE CONTRACT AUDIT AGENCY—CYBER ... 3,984 3,984 

220 DEFENSE CONTRACT MANAGEMENT AGENCY ... 1,438,296 1,435,796 

Unjustified growth .......................................................... [–2,500 ] 

230 DEFENSE CONTRACT MANAGEMENT AGENCY— 

CYBER .......................................................................... 11,999 11,999 

240 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY ............................................................ 941,488 931,488 

Unjustified growth .......................................................... [–10,000 ] 

260 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER ............................................ 9,859 9,859 

270 DEFENSE HUMAN RESOURCES ACTIVITY ............ 816,168 881,168 

DHRA/DSPO—support FY2021 congressional increases .......................................................................... [5,000 ] 

DHRA/SAPRO—FY2021 baseline restoral .................... [60,000 ] 

280 DEFENSE HUMAN RESOURCES ACTIVITY— 

CYBER ......................................................................... 17,655 17,655 

290 DEFENSE INFORMATION SYSTEMS AGENCY ....... 1,913,734 1,934,769 

milCloud 2.0 migration ................................................... [21,035 ] 

310 DEFENSE INFORMATION SYSTEMS AGENCY— 

CYBER .......................................................................... 530,278 612,378 

Program increase—hardening DOD networks .............. [62,100 ] 

Program increase—securing the Department of Defense Information Network ......................................... [20,000 ] 

350 DEFENSE LEGAL SERVICES AGENCY .................... 229,498 229,498 

360 DEFENSE LOGISTICS AGENCY ................................. 402,864 407,664 

Program increase—Procurement Technical Assistance 

Program ........................................................................ [4,800 ] 

370 DEFENSE MEDIA ACTIVITY ....................................... 222,655 222,655 

380 DEFENSE PERSONNEL ACCOUNTING AGENCY ... 130,174 155,174 

DPAA (POW/MIA)—support FY2021 congressional increases .......................................................................... [25,000 ] 

390 DEFENSE SECURITY COOPERATION AGENCY ..... 2,067,446 1,922,157 

Program increase ............................................................. [104,711 ] 

Transfer to Ukraine Security Assistance ...................... [–250,000 ] 

420 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ..................................................................... 39,305 39,305 

440 DEFENSE THREAT REDUCTION AGENCY ............. 885,749 885,749 

460 DEFENSE THREAT REDUCTION AGENCY— 

CYBER .......................................................................... 36,736 36,736 

470 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ................................................................................ 3,138,345 3,208,345 

Program increase—Impact Aid ...................................... [50,000 ] 

Program increase—Impact Aid for children with severe disabilities ............................................................ [20,000 ] 

490 MISSILE DEFENSE AGENCY ...................................... 502,450 502,450 

530 OFFICE OF THE LOCAL DEFENSE COMMUNITY 

COOPERATION—OSD ............................................... 89,686 104,686 

Program increase—Defense Community Infrastructure Program ................................................................ [15,000 ] 

540 OFFICE OF THE SECRETARY OF DEFENSE .......... 1,766,614 1,844,114 

Bien Hoa dioxin cleanup ................................................. [15,000 ] 

Cost Assessment Data Enterprise ................................. [3,500 ] 

Military working dog pilot program .............................. [10,000 ] 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2311 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

National Commission on Synthetic Biology .................. [10,000 ] 

Office of the Secretary of Defense civilian workforce ... [9,000 ] 

Personnel in the Office of Assistant Secretary of Defense Sustainment and Environment, Safety, and 

Occupational Health .................................................... [3,000 ] 

Program increase—Afghanistan War Commission ....... [5,000 ] 

Program increase—CDC water contamination study 

and assessment ............................................................ [15,000 ] 

Program increase—Commission on Planning, Programming, Budgeting, and Execution Reform .......... [5,000 ] 

Program increase—Commission on the National Defense Strategy .............................................................. [5,000 ] 

Program increase—Commission on the Strategic Posture of the U.S. ............................................................ [7,000 ] 

Unjustified growth—non-pay ......................................... [–10,000 ] 

550 OFFICE OF THE SECRETARY OF DEFENSE— 

CYBER .......................................................................... 32,851 32,851 

560 SPACE DEVELOPMENT AGENCY .............................. 53,851 53,851 

570 WASHINGTON HEADQUARTERS SERVICES .......... 369,698 364,698 

Unjustified growth .......................................................... [–5,000 ] 

999 CLASSIFIED PROGRAMS ............................................. 17,900,146 17,833,213 

Classified adjustment ..................................................... [–66,933 ] 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .... 34,307,366 34,553,360 

UNDISTRIBUTED 

998 UNDISTRIBUTED .......................................................... 490,304 

Depot capital investment ................................................ [500,000 ] 

Program reduction—SOCOM unjustified increase in 

management and headquarters expenses .................. [–9,696 ] 

SUBTOTAL UNDISTRIBUTED ................................. 490,304 

TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE ............................................................. 44,918,366 45,712,415 

MISCELLANEOUS APPROPRIATIONS 

US COURT OF APPEALS FOR THE ARMED 

FORCES, DEF 

010 US COURT OF APPEALS FOR THE ARMED 

FORCES, DEFENSE ................................................... 15,589 15,589 

SUBTOTAL US COURT OF APPEALS FOR THE 

ARMED FORCES, DEF ........................................... 15,589 15,589 

TOTAL MISCELLANEOUS APPROPRIATIONS .. 15,589 15,589 

MISCELLANEOUS APPROPRIATIONS 

OVERSEAS HUMANITARIAN, DISASTER, AND 

CIVIC AID 

010 OVERSEAS HUMANITARIAN, DISASTER AND 

CIVIC AID .................................................................... 110,051 150,051 

Program increase ............................................................. [40,000 ] 

SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID ......................................... 110,051 150,051 

TOTAL MISCELLANEOUS APPROPRIATIONS .. 110,051 150,051 

MISCELLANEOUS APPROPRIATIONS 

COOPERATIVE THREAT REDUCTION ACCOUNT 

010 COOPERATIVE THREAT REDUCTION ..................... 239,849 344,849 


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135 STAT. 2312 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

Program increase—Biological Threat Reduction Program .............................................................................. [105,000 ] 

SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT ....................................................... 239,849 344,849 

TOTAL MISCELLANEOUS APPROPRIATIONS .. 239,849 344,849 

MISCELLANEOUS APPROPRIATIONS 

ACQUISITION WORKFORCE DEVELOPMENT 

010 ACQ WORKFORCE DEV FD ......................................... 54,679 54,679 

SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT ............................................................. 54,679 54,679 

TOTAL MISCELLANEOUS APPROPRIATIONS .. 54,679 54,679 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, ARMY 

050 ENVIRONMENTAL RESTORATION, ARMY .............. 200,806 299,606 

Program increase for PFAS ............................................ [98,800 ] 

SUBTOTAL ENVIRONMENTAL RESTORATION, 

ARMY ........................................................................... 200,806 299,606 

TOTAL MISCELLANEOUS APPROPRIATIONS .. 200,806 299,606 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, NAVY 

060 ENVIRONMENTAL RESTORATION, NAVY .............. 298,250 465,550 

Program increase for PFAS ............................................ [167,300 ] 

SUBTOTAL ENVIRONMENTAL RESTORATION, 

NAVY ........................................................................... 298,250 465,550 

TOTAL MISCELLANEOUS APPROPRIATIONS .. 298,250 465,550 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, AIR FORCE 

070 ENVIRONMENTAL RESTORATION, AIR FORCE .... 301,768 476,768 

Program increase for PFAS ............................................ [175,000 ] 

SUBTOTAL ENVIRONMENTAL RESTORATION, 

AIR FORCE ................................................................ 301,768 476,768 

TOTAL MISCELLANEOUS APPROPRIATIONS .. 301,768 476,768 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION, DEFENSE 

080 ENVIRONMENTAL RESTORATION, DEFENSE ....... 8,783 10,979 

Program increase ............................................................. [2,196 ] 

SUBTOTAL ENVIRONMENTAL RESTORATION, 

DEFENSE ................................................................... 8,783 10,979 

TOTAL MISCELLANEOUS APPROPRIATIONS .. 8,783 10,979 

MISCELLANEOUS APPROPRIATIONS 

ENVIRONMENTAL RESTORATION FORMERLY 

USED SITES 

090 ENVIRONMENTAL RESTORATION FORMERLY 

USED SITES ................................................................ 218,580 292,580 

Program increase for PFAS ............................................ [74,000 ] 

SUBTOTAL ENVIRONMENTAL RESTORATION 

FORMERLY USED SITES ...................................... 218,580 292,580 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2313 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2022 

Request 

Conference 

Authorized 

TOTAL MISCELLANEOUS APPROPRIATIONS .. 218,580 292,580 

UKRAINE SECURITY ASSISTANCE 

UKRAINE SECURITY ASSISTANCE 

010 UKRAINE SECURITY ASSISTANCE .......................... 300,000 

Program increase ............................................................. [50,000 ] 

Transfer from Defense Security Cooperation Agency .. [250,000 ] 

TOTAL UKRAINE SECURITY ASSISTANCE ........ 300,000 

TOTAL OPERATION & MAINTENANCE ............... 253,623,852 255,404,231 

TITLE XLIV—MILITARY PERSONNEL 

SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2022 

Request 

Conference 

Authorized 

Military Personnel Appropriations ............................................... 157,947,920 157,567,460 

ARNG CBRN Response Forces Readiness ................................... [9,200 ] 

Manpower costs associated with retaining two cruisers ............ [45,000 ] 

A–10/F–35 Active duty maintainers ............................................ [93,000 ] 

Military personnel historical underexecution ............................. [–527,660 ] 

Medicare-Eligible Retiree Health Care Fund Contributions ..... 9,337,175 9,337,175 

TOTAL, Military Personnel .............................................. 167,285,095 166,904,635 

TITLE XLV—OTHER AUTHORIZATIONS 

SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2022 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, ARMY 

ARMY ARSENALS INITIATIVE ................................................. 26,935 26,935 

ARMY SUPPLY MANAGEMENT ................................................ 357,776 357,776 

TOTAL WORKING CAPITAL FUND, ARMY ................ 384,711 384,711 

WORKING CAPITAL FUND, NAVY 

SUPPLY MANAGEMENT—NAVY .............................................. 150,000 150,000 

TOTAL WORKING CAPITAL FUND, NAVY ................ 150,000 150,000 

WORKING CAPITAL FUND, AIR FORCE 

SUPPLY MANAGEMENT ............................................................ 77,453 77,453 

TOTAL WORKING CAPITAL FUND, AIR FORCE ..... 77,453 77,453 

WORKING CAPITAL FUND, DEFENSE-WIDE 

ENERGY MANAGEMENT—DEFENSE ..................................... 40,000 40,000 

SUPPLY CHAIN MANAGEMENT—DEFENSE ........................ 87,765 87,765 


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135 STAT. 2314 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2022 

Request 

Conference 

Authorized 

TOTAL WORKING CAPITAL FUND, DEFENSEWIDE ................................................................................... 127,765 127,765 

WORKING CAPITAL FUND, DECA 

COMMISSARY OPERATIONS .................................................... 1,162,071 1,162,071 

TOTAL WORKING CAPITAL FUND, DECA ................ 1,162,071 1,162,071 

CHEM AGENTS & MUNITIONS DESTRUCTION 

CHEM DEMILITARIZATION—O&M ......................................... 93,121 93,121 

CHEM DEMILITARIZATION—RDT&E ..................................... 1,001,231 1,001,231 

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION ................................................................................... 1,094,352 1,094,352 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

COUNTER-NARCOTICS SUPPORT ........................................... 593,250 593,250 

DRUG DEMAND REDUCTION PROGRAM .............................. 126,024 126,024 

NATIONAL GUARD COUNTER-DRUG PROGRAM ................. 96,970 96,970 

NATIONAL GUARD COUNTER-DRUG SCHOOLS .................. 5,664 5,664 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ................................................................. 821,908 821,908 

OFFICE OF THE INSPECTOR GENERAL 

OFFICE OF THE INSPECTOR GENERAL ................................ 434,700 434,700 

OFFICE OF THE INSPECTOR GENERAL—CYBER ............... 1,218 1,218 

OFFICE OF THE INSPECTOR GENERAL—RDTE .................. 2,365 2,365 

OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT ......................................................................................... 80 80 

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 438,363 438,363 

DEFENSE HEALTH PROGRAM 

IN-HOUSE CARE .......................................................................... 9,720,004 9,587,742 

Assumptions for care ..................................................... [–27,800 ] 

Excess funding for capability replacement .................. [–104,462 ] 

PRIVATE SECTOR CARE ............................................................ 18,092,679 18,068,879 

Unjustified support services growth ............................. [–23,800 ] 

CONSOLIDATED HEALTH SUPPORT ...................................... 1,541,122 1,556,522 

Assumptions for care ..................................................... [–14,600 ] 

Program increase: Anomalous health incidents care 

capacity ......................................................................... [30,000 ] 

INFORMATION MANAGEMENT ............................................... 2,233,677 2,233,677 

MANAGEMENT ACTIVITIES ..................................................... 335,138 335,138 

EDUCATION AND TRAINING ................................................... 333,234 333,234 

BASE OPERATIONS/COMMUNICATIONS ............................... 1,926,865 1,921,865 

Program decrease ........................................................... [–5,000 ] 

R&D RESEARCH .......................................................................... 9,091 9,091 

R&D EXPLORATRY DEVELOPMENT ....................................... 75,463 75,463 

R&D ADVANCED DEVELOPMENT ........................................... 235,556 235,556 

R&D DEMONSTRATION/VALIDATION .................................... 142,252 142,252 

R&D ENGINEERING DEVELOPMENT .................................... 101,054 101,054 

R&D MANAGEMENT AND SUPPORT ...................................... 49,645 49,645 

R&D CAPABILITIES ENHANCEMENT .................................... 17,619 17,619 

UNDISTRIBUTED RDT&E .......................................................... 12,500 

Combat triple negative breast cancer .......................... [10,000 ] 

Post-traumatic stress disorder ...................................... [2,500 ] 

PROC INITIAL OUTFITTING ..................................................... 20,926 20,926 

PROC REPLACEMENT & MODERNIZATION ......................... 250,366 250,366 

PROC MILITARY HEALTH SYSTEM—DESKTOP TO 

DATACENTER ........................................................................... 72,302 72,302 

PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION ............................................................................. 435,414 435,414 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2315 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2022 

Request 

Conference 

Authorized 

TOTAL DEFENSE HEALTH PROGRAM ...................... 35,592,407 35,459,245 

TOTAL OTHER AUTHORIZATIONS ............................. 39,849,030 39,715,868 

TITLE XLVI—MILITARY CONSTRUCTION 

SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Alabama 

Army Fort Rucker AIT Barracks Complex ............................. 0 66,000 

Army Redstone Arsenal Propulsion Systems Lab ........................... 55,000 55,000 

Belgium 

Army Shape Headquarters Command and Control Facility ............... 16,000 16,000 

California 

Army Fort Irwin Simulations Center ................................... 52,000 52,000 

Georgia 

Army Fort Gordon Cyber Center of Excellence School Headquarters and Classrooms (P&D).0 3,670 

Army Fort Gordon Cyber Instructional Fac (Admin/Cmd), 

Inc. 2.

69,000 69,000 

Army Fort Stewart Barracks .................................................... 0 105,000 

Germany 

Army East Camp 

Grafenwoehr 

EDI: Barracks and Dining Facility ......... 103,000 103,000 

Army Smith Barracks Indoor Small Arms Range ........................ 17,500 17,500 

Army Smith Barracks Live Fire Exercise Shoothouse ................. 16,000 16,000 

Hawaii 

Army Fort Shafter Ctc—Command and Control Facility ...... 0 55,000 

Army Wheeler Army 

Airfield 

Rotary Wing Parking Apron .................... 0 56,000 

Army Wheeler Army 

Airfield 

Aviation Unit OPS Building .................... 0 84,000 

Army West Loch Nav 

Mag Annex 

Ammunition Storage ................................. 51,000 51,000 

Kansas 

Army Fort Leavenworth Child Development Center ....................... 0 34,000 

Kentucky 

Army Fort Knox Child Development Center ....................... 0 27,000 

Louisiana 

Army Fort Polk Joint Operations Center ........................... 55,000 55,000 

Army Fort Polk Barracks .................................................... 0 56,000 

Maryland 

Army Aberdeen Proving 

Ground 

Moving Target Simulator (Combat Systems Simulation Laboratory).0 0 

Army Fort Detrick Medical Waste Incinerator ....................... 0 23,981 

Army Fort Detrick USAMRMC Headquarters ........................ 0 0 

Army Fort Meade Barracks .................................................... 81,000 81,000 

Mississippi 

Army Engineer Research and Development Center 

Communications Center ........................... 0 0 

Army Engineer Research and Development Center 

Rtd&e (Risk Lab) ...................................... 0 0 

Missouri 

Military 

Construction 

Authorization 

Act for Fiscal 

Year 2022. 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2316 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Army Fort Leonard 

Wood 

Advanced Individual Training Battalion 

Complex (P&D).

0 4,000 

New Jersey 

Army Picatinny Arsenal Igloo Storage, Installation ........................ 0 0 

New Mexico 

Army White Sands Missile Range Missile Assembly Support Facility .......... 0 29,000 

New York 

Army Fort Hamilton Information Systems Facility ................... 26,000 26,000 

Army West Point Military Reservation 

Ctc—Engineering Center ......................... 0 17,200 

Army Watervliet Arsenal Access Control Point ................................. 20,000 20,000 

Pennsylvania 

Army Letterkenny Army 

Depot 

Fire Station ............................................... 21,000 21,000 

South Carolina 

Army Fort Jackson Reception Barracks Complex, Ph2, Inc. 2 34,000 34,000 

Army Fort Jackson Ctc- Reception Barracks, Ph1 .................. 0 21,000 

Texas 

Army Camp Bullis Ctc- Vehicle Maintenance Shop ............... 0 16,400 

Army Fort Hood Barracks .................................................... 0 61,000 

Army Fort Hood Barracks .................................................... 0 69,000 

Virginia 

Army Joint Base Langley-Eustis AIT Barracks Complex, Ph4 .................... 0 16,000 

Worldwide Classified 

Army Classified Location Forward Operating Site ........................... 31,000 31,000 

Worldwide Unspecified 

Army Unspecified 

Worldwide Locations 

Host Nation Support ................................. 27,000 27,000 

Army Unspecified 

Worldwide Locations 

Minor Construction ................................... 35,543 35,543 

Army Unspecified 

Worldwide Locations 

Planning and Design ................................ 124,649 134,649 

Army Worldwide Various Locations Labs and RDT&E Planning and Design 

Unfunded Requirement.

0 45,000 

Army Worldwide Various Locations Cost to Complete—Unspecified Minor 

Construction.

0 69,000 

Military Construction, Army Total .............................................................. 834,692 1,727,943 

Arizona 

Navy Marine Corps Air 

Station Yuma 

Combat Training Tank Complex ............. 0 29,300 

Navy Marine Corps Air 

Station Yuma 

Bachelor Enlisted Quarters ..................... 0 0 

California 

Navy Marine Corps 

Base Camp 

Pendleton 

I MEF Consolidated Information Center 

Inc..

19,869 19,869 

Navy Marine Corps 

Base Camp 

Pendleton 

Warehouse Replacement .......................... 0 22,200 

Navy Marine Corps 

Base Camp 

Pendleton 

Basilone Road Realignment ..................... 0 0 

Navy Marine Corps Air 

Station 

Miramar 

F–35 Centralized Engine Repair Facility 0 31,400 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2317 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Navy Marine Corps Air 

Station 

Miramar 

Aircraft Maintenance Hangar .................. 0 185,991 

Navy Naval Air Station 

Lemoore 

F–35C Hangar 6 Phase 2 (Mod 3/4) Inc. 75,070 50,000 

Navy Marine Corps Air 

Ground Combat 

Center 

Cost to Complete—Wastewater Treatment Plant.0 45,000 

Navy Naval Base Ventura County Combat Vehicle Maintenance Facility .... 0 48,700 

Navy Naval Base Ventura County MQ–25 Aircraft Maintenance Hangar .... 0 125,291 

Navy Naval Base Coronado CMV–22B Aircraft Maintenance Hangar 0 63,600 

Navy Marine Corps 

Base Camp 

Pendleton 

CLB MEU Complex .................................. 0 83,900 

Navy Marine Corps Reserve Depot San 

Diego 

Recruit Mess Hall Replacement .............. 0 93,700 

Navy Naval Information 

Warfare Center 

Pacific 

Reconfigurable Cyber Laboratory ............ 0 0 

Navy Naval Weapons 

Station Seal 

Beach 

Missile Magazines Inc. ............................. 10,840 10,840 

Navy Naval Base San 

Diego 

Pier 6 Replacement Inc. ........................... 50,000 50,000 

Navy San Nicholas Island Directed Energy Weapons Test Facilities 19,907 19,907 

District of Columbia 

Navy Naval Research 

Laboratory 

Electromagnetic & Cyber Countermeasures Laboratory.0 0 

Navy Naval Research 

Laboratory 

Biomolecular Science & Synthetic Biology Laboratory.0 0 

El Salvador 

Navy Cooperative Security Location 

Comalapa 

Hangar and Ramp Expansion .................. 0 0 

Florida 

Navy Naval Air Station 

Jacksonville 

Planning and Design for Lighterage and 

Small Craft.

0 7,000 

Navy Naval Surface 

Warfare Center 

Panama City 

Division 

Unmanned Vehicle Littoral Combat 

Space.

0 0 

Navy Naval Surface 

Warfare Center 

Panama City 

Division 

Mine Warfare RDT&E Facility ................ 0 0 

Navy Naval Undersea 

Warfare Center 

Panama City 

Division 

AUTEC Pier Facility 1902 ....................... 0 37,980 

Navy Marine Corps 

Support Facility 

Blount Island 

Lighterage and Small Craft Facility ....... 0 69,400 

Navy Naval Undersea 

Warfare Center 

Panama City 

Division 

Array Calibration Facility ........................ 0 0 

Greece 

Navy Naval Support Activity Souda 

Bay 

EDI: Joint Mobility Processing Center ... 41,650 41,650 

Guam 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2318 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Navy Andersen Air 

Force Base 

Aviation Admin Building ......................... 50,890 50,890 

Navy Joint Region Marianas 4th Marines Regiment Facilities ............. 109,507 65,000 

Navy Joint Region Marianas Bachelor Enlisted Quarters H Inc. .......... 43,200 43,200 

Navy Joint Region Marianas Combat Logistics Batallion–4 Facility .... 92,710 49,710 

Navy Joint Region Marianas Consolidated Armory ................................ 43,470 43,470 

Navy Joint Region Marianas Infantry Battalion Company HQ ............. 44,100 44,100 

Navy Joint Region Marianas Joint Communication Upgrade Inc. ........ 84,000 84,000 

Navy Joint Region Marianas Marine Expeditionary Brigade Enablers 66,830 66,830 

Navy Joint Region Marianas Principal End Item (PEI) Warehouse ..... 47,110 47,110 

Navy Joint Region Marianas X-Ray Wharf Berth 2 ................................ 103,800 51,900 

Hawaii 

Navy Marine Corps 

Training Area 

Bellows 

Perimeter Security Fence ......................... 0 6,220 

Navy Marine Corps 

Base Kaneohe 

Bachelor Enlisted Quarters, Ph 2 Inc, .... 0 101,200 

Navy Marine Corps 

Base Kaneohe 

Electrical Distribution Modernization ..... 0 64,500 

Indiana 

Navy Naval Surface 

Warfare Center 

Crane Division 

Strategic Systems Engineering & Hardware Assurance Center.0 0 

Navy Naval Surface 

Warfare Center 

Crane Division 

Corporate Operations and Training Center.0 0 

Navy Naval Surface 

Warfare Center 

Crane Division 

Anti-Ship Missile Defense Life Cycle Integration and Test Center.0 0 

Japan 

Navy Fleet Activities 

Yokosuka 

Pier 5 (Berths 2 and 3) Inc. ..................... 15,292 15,292 

Navy Fleet Activities 

Yokosuka 

Ship Handling & Combat Training Facilities.49,900 49,900 

Maine 

Navy Naval Support Activity Cutler Firehouse (P&D) ....................................... 0 2,500 

Navy Portsmouth Naval 

Shipyard 

Multi-Mission Drydock #1 Extension Inc. 250,000 250,000 

Navy Portsmouth Naval 

Shipyard 

Multi-Mission Drydock #1 Extension 

Inc.—Navy #1 Ufr.

0 0 

Maryland 

Navy Naval Air Station 

Patuxent River 

Planning and Design for Aircraft Prototyping Facility, Ph 3.0 1,500 

Navy Naval Air Warfare Center Aircraft Division 

Aircraft Prototyping Facility, Ph 3 .......... 0 0 

Navy Naval Air Warfare Center Aircraft Division 

Rotary Wing T&E Hangar Replacement 0 0 

Navy Naval Surface 

Warfare Center 

Carderock Division 

Ship Systems Design & Integration Facility.0 0 

Navy Naval Surface 

Warfare Center 

Carderock Division 

ARD Range Craft Berthing Facility ........ 0 0 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2319 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Navy Naval Surface 

Warfare Center 

Carderock Division 

Navy Combatant Craft Laboratory ......... 0 0 

Navy Naval Surface 

Warfare Center 

Indian Head 

Planning and Design for Contained Burn 

Facility.

0 1,500 

Navy Naval Surface 

Warfare Center 

Indian Head 

Energetic Systems and Technology Laboratory Complex, Ph 2.0 0 

Navy Naval Surface 

Warfare Center 

Indian Head 

Contained Burn Facility ........................... 0 0 

Navy Naval Surface 

Warfare Center 

Indian Head 

Energetic Chemical Scale-up Facility ..... 0 0 

Navy Naval Surface 

Warfare Center 

Indian Head 

Energetics Prototyping Facility ............... 0 0 

Navy Naval Surface 

Warfare Center 

Indian Head 

Energetic Systems and Technology Laboratory Complex, Ph 3.0 0 

Nevada 

Navy Naval Air Station 

Fallon 

Training Range Land Acquisition—Ph 2 48,250 0 

North Carolina 

Navy Marine Corps 

Base Camp 

Lejeune 

Cost to Complete—Water Treatment 

Plant Replacement Hadnot Pt.

0 64,200 

Navy Marine Corps 

Base Camp 

Lejeune 

II MEF Operations Center Replacement 

Inc..

42,200 42,200 

Navy Marine Corps Air 

Station Cherry 

Point 

Aircraft Maintenance Hangar .................. 207,897 57,897 

Navy Marine Corps Air 

Station Cherry 

Point 

F–35 Flightline Utilities Modernization 

Ph 2.

113,520 30,000 

Navy Marine Corps Air 

Station Cherry 

Point 

F–35 Joint Strike Fighter Sustainment 

Center (P–993) (P&D).

0 10,000 

Navy Marine Corps Air 

Station Cherry 

Point 

Ctc—ATC Tower and Airfield Operations 0 18,700 

Navy Marine Corps Air 

Station New 

River 

Maintenance Hangar (P&D) .................... 0 13,300 

Navy Marine Corps Air 

Station New 

River 

Aircraft Maintenance Hangar Addition/ 

Alteration (P&D).

0 2,700 

Pennsylvania 

Navy Naval Surface 

Warfare Center 

Philadelphia Division 

Machinery Control Development Center 0 77,290 

Navy Naval Surface 

Warfare Center 

Philadelphia Division 

Machinery Integration Lab, Ph 1 ............ 0 0 

Navy Naval Surface 

Warfare Center 

Philadelphia Division 

Power & Energy Tech Systems Integration Lab.0 0 

Poland 

Navy Redzikowo AEGIS Ashore Barracks Planning and 

Design.

0 0 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2320 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Rhode Island 

Navy Naval Station 

Newport 

Next Generation Torpedo Integration 

Lab (P&D).

0 1,200 

Navy Naval Station 

Newport 

Submarine Payloads Integration Laboratory (P&D).0 1,400 

Navy Naval Station 

Newport 

Consolidated RDT&E Systems Facility 

(P&D).

0 1,700 

Navy Naval Station 

Newport 

Next Generation Secure Submarine Platform Facility (P&D).0 4,000 

Navy Naval Undersea 

Warfare Center 

Newport Division 

Next Generation Secure Submarine Platform Facility.0 0 

Navy Naval Undersea 

Warfare Center 

Newport Division 

Next Generation Torpedo Integration 

Lab.

0 0 

Navy Naval Undersea 

Warfare Center 

Newport Division 

Submarine Payloads Integration Facility 0 0 

Navy Naval Undersea 

Warfare Center 

Newport Division 

Consolidation RDT&E Systems Facility 0 0 

South Carolina 

Navy Marine Corps Air 

Station Beaufort 

Instrument Landing System .................... 0 3,000 

Navy Marine Corps Air 

Station Beaufort 

F–35 Operational Support Facility .......... 0 4,700 

Navy Marine Corps Air 

Station Beaufort 

Ctc—Recycling/Hazardous Waste Facility.0 5,000 

Navy Marine Corps Air 

Station Beaufort 

Aircraft Maintenance Hangar .................. 0 122,600 

Navy Marine Corps Reserve Depot 

Parris Island 

Entry Control Facility .............................. 0 6,000 

Spain 

Navy Naval Station 

Rota 

EDI: Explosive Ordnance Disposal 

(EOD) Mobile Unit Facilities.

0 85,600 

Texas 

Navy Naval Air Station 

Kingsville 

Planning and Design for Fire Rescue 

Safety Center.

0 2,500 

Virginia 

Navy Naval Station 

Norfolk 

CMV–22 Aircraft Maintenance Hangar 

and Airfield Improvement.

0 75,100 

Navy Naval Station 

Norfolk 

Submarine Pier 3 Inc. .............................. 88,923 43,923 

Navy Naval Surface 

Warfare Center 

Dahlgren Division 

Cyber Threat & Weapon Systems Engineering Complex.0 0 

Navy Naval Surface 

Warfare Center 

Dahlgren Division 

High Powered Electric Weapons Laboratory.0 0 

Navy Norfolk Naval 

Shipyard 

Dry Dock Saltwater System for CVN–78 156,380 30,000 

Navy Marine Corps 

Base Quantico 

Vehicle Inspection and Visitor Control 

Center.

42,850 42,850 

Navy Marine Corps 

Base Quantico 

Wargaming Center Inc. ............................ 30,500 30,500 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2321 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Navy Naval Weapons 

Station Yorktown 

Navy Munitions Command (Nmc) Ordnance Facilities Recap, Phase 2.0 93,500 

Worldwide Unspecified 

Navy Unspecified 

Worldwide Locations 

Planning and Design ................................ 363,252 413,252 

Navy Unspecified 

Worldwide Locations 

Shipyard Investment Optimization Program.0 225,000 

Navy Unspecified 

Worldwide Locations 

Shipyard Investment Optimization Program—Planning and Design.0 62,820 

Navy Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 56,435 56,435 

Navy Worldwide Various Locations PDI: Planning and Design Unfunded Requirement.0 68,200 

Navy Worldwide Various Locations Unspecified Minor Construction .............. 0 75,000 

Navy Worldwide Various Locations Labs and RDT&E Planning and Design 

Unfunded Requirement.

0 50,000 

Military Construction, Navy Total .............................................................. 2,368,352 3,895,117 

Alaska 

AF Eielson Air Force 

Base 

Contaminated Soil Removal ..................... 0 44,850 

AF Joint Base Elmendorf-Richardson Extend Runway 16/34, Inc. 1 ................... 79,000 79,000 

Arizona 

AF Davis-Monthan 

Air Force Base 

South Wilmot Gate ................................... 13,400 13,400 

AF Luke Air Force 

Base 

F–35A ADAL AMU Facility Squadron #6 28,000 28,000 

AF Luke Air Force 

Base 

F–35A Squadron Operations Facility #6 21,000 21,000 

Australia 

AF Royal Australian 

Air Force Base 

Darwin 

Squadron Operations Facility .................. 7,400 7,400 

AF Royal Australian 

Air Force Base 

Tindal 

Aircraft Maintenance Support Facility ... 6,200 6,200 

AF Royal Australian 

Air Force Base 

Tindal 

Squadron Operations Facility .................. 8,200 8,200 

California 

AF Edwards Air 

Force Base 

Flight Test Engineering Lab Complex .... 4,000 4,000 

AF Edwards Air 

Force Base 

Upgrade Munitions Complex ................... 0 0 

AF Edwards Air 

Force Base 

Rocket Engineering, Analysis, and Collaboration Hub (Reach).0 0 

AF Vandenberg Space 

Force Base 

GBSD Re-Entry Vehicle Facility ............. 48,000 48,000 

AF Vandenberg Space 

Force Base 

GBSD Stage Processing Facility .............. 19,000 19,000 

Colorado 

AF Schriever Space 

Force Base 

ADAL Fitness Center ............................... 0 30,000 

AF United States Air 

Force Academy 

Add High Bay Vehicle Maintenance ....... 0 4,360 

AF United States Air 

Force Academy 

Cadet Prep School Dormitory .................. 0 0 

District of Columbia 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2322 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

AF Joint Base Anacostia Bolling Joint Air Defense Operations Center Ph 

2.

24,000 24,000 

Florida 

AF Eglin Air Force 

Base 

Weapons Technology Integration Center 

(P&D).

0 40,000 

AF Eglin Air Force 

Base 

HC-Blackfyre Facilities ............................ 0 0 

AF Eglin Air Force 

Base 

JADC2 & Abms Test Facility .................. 0 0 

AF Eglin Air Force 

Base 

F–35A Development/Operational Test 2– 

Bay Hangar (P&D).

0 4,000 

AF Eglin Air Force 

Base 

Ctc—Advanced Munitions Technology 

Complex.

0 35,000 

AF Eglin Air Force 

Base 

Integrated Control Facility ...................... 0 0 

AF Eglin Air Force 

Base 

F–35A Development Test 2–Bay MX 

Hangar.

0 0 

AF Eglin Air Force 

Base 

Flightline Fire Station at Duke Field ..... 0 14,000 

Georgia 

AF Moody Air Force 

Base 

41 Rqs Hh–60w Apron .............................. 0 0 

Germany 

AF Spangdahlem Air 

Base 

F/a–22 LO/Composite Repair Facility ..... 22,625 22,625 

Guam 

AF Joint Region Marianas Airfield Damage Repair Warehouse ........ 30,000 30,000 

AF Joint Region Marianas Hayman Munitions Storage Igloos, 

MSA2.

9,824 9,824 

AF Joint Region Marianas Munitions Storage Igloos IV .................... 55,000 55,000 

Hawaii 

AF Maui Experimental Site #3 Secure Integration Support Lab W/ Land 

Acquisition (P&D).

0 8,800 

Hungary 

AF Kecskemet Air 

Base 

EDI: Construct Airfield Upgrades ........... 20,564 20,564 

AF Kecskemet Air 

Base 

EDI: Construct Parallel Taxiway ............ 38,650 38,650 

Italy 

AF Aviano Air Force 

Base 

Area A1 Entry Control Point ................... 0 10,200 

Japan 

AF Kadena Air Base Airfield Damage Repair Storage Facility 38,000 38,000 

AF Kadena Air Base Helicopter Rescue OPS Maintenance 

Hangar.

168,000 35,000 

AF Kadena Air Base Replace Munitions Structures ................. 26,100 26,100 

AF Misawa Air Base Airfield Damage Repair Facility .............. 25,000 25,000 

AF Yokota Air Base C–130J Corrosion Control Hangar .......... 67,000 67,000 

AF Yokota Air Base Airfield Damage Repair Warehouse ........ 0 39,000 

AF Yokota Air Base Construct CATM Facility ......................... 25,000 25,000 

Louisiana 

AF Barksdale Air 

Force Base 

Weapons Generation Facility, Inc. 1 ....... 40,000 40,000 

AF Barksdale Air 

Force Base 

New Entrance Road and Gate Complex—Ctc.0 36,000 

Maryland 

AF Joint Base Andrews Fire Crash Rescue Station ....................... 26,000 26,000 

AF Joint Base Andrews Military Working Dog Kennel—Ctc ........ 0 10,000 

Massachusetts 

AF Hanscom Air 

Force Base 

NC3 Acquisitions Management Facility 66,000 66,000 

Nebraska 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2323 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

AF Offutt Air Force 

Base 

Replace Trestle F312 ................................ 0 0 

Nevada 

AF Creech Air Force 

Base 

Warrior Fitness Training Center (P&D) 0 2,200 

AF Creech Air Force 

Base 

Mission Support Facility .......................... 0 14,200 

New Mexico 

AF Cannon Air Force 

Base 

192 Bed Dormitory (P&D) ........................ 0 5,568 

AF Cannon Air Force 

Base 

Deployment Processing Center (P&D) .... 0 5,976 

AF Holloman Air 

Force Base 

Indoor Target Flip Facility (P&D) ........... 0 2,340 

AF Holloman Air 

Force Base 

RAMS Indoor Target Flip Facility .......... 0 0 

AF Holloman Air 

Force Base 

Holloman High Speed Test Track Recapitalization.0 0 

AF Holloman Air 

Force Base 

ADAL Fabrication Shop ........................... 0 0 

AF Holloman Air 

Force Base 

MQ–9 Formal Training Unit Operations 

Facility.

0 0 

AF Kirtland Air Force 

Base 

Dedicated Facility for the Space Rapid 

Capabilities Office (P&D).

0 5,280 

AF Kirtland Air Force 

Base 

Ctc—Wyoming Gate Antiterrorism Compliance.0 5,600 

AF Kirtland Air Force 

Base 

Pj/Cro Urban Training Complex (P&D) .. 0 810 

AF Kirtland Air Force 

Base 

High Power Electromagnetic (HPEM) 

Laboratory.

0 0 

AF Kirtland Air Force 

Base 

Laser Effects & Simulation Laboratory .. 0 0 

AF Kirtland Air Force 

Base 

ADAL Systems & Engineering Lab ......... 0 0 

New Jersey 

AF Joint Base 

McGuire-DixLakehurst 

SFS OPS Confinement Facility (P&D) .... 0 450 

Ohio 

AF Wright-Patterson 

Air Force Base 

Child Development Center ....................... 0 24,000 

AF Wright-Patterson 

Air Force Base 

Human Performance Wing Laboratory ... 0 0 

AF Wright-Patterson 

Air Force Base 

Bionatronics Research Center Laboratory.0 0 

Oklahoma 

AF Tinker Air Force 

Base 

KC–46A 3–Bay Depot Maintenance 

Hangar.

160,000 60,000 

South Carolina 

AF Joint Base 

Charleston 

Flightline Support Facility ....................... 0 29,000 

AF Joint Base 

Charleston 

Fire and Rescue Station ........................... 0 30,000 

South Dakota 

AF Ellsworth Air 

Force Base 

B–21 2–Bay LO Restoration Facility, 

Inc. 2.

91,000 41,000 

AF Ellsworth Air 

Force Base 

B–21 ADAL Flight Simulator .................. 24,000 24,000 

AF Ellsworth Air 

Force Base 

B–21 Field Training Detachment Facility.

47,000 47,000 

AF Ellsworth Air 

Force Base 

B–21 Formal Training Unit/AMU ........... 70,000 70,000 

AF Ellsworth Air 

Force Base 

B–21 Mission Operations Planning Facility.36,000 36,000 

AF Ellsworth Air 

Force Base 

B–21 Washrack & Maintenance Hangar 65,000 65,000 

Spain 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2324 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

AF Moron Air Base EDI-Hot Cargo Pad ................................... 8,542 8,542 

Tennessee 

AF Arnold Air Force 

Base 

Cooling Water Expansion, Rowland 

Creek.

0 0 

AF Arnold Air Force 

Base 

Add/Alter Test Cell Delivery Bay ............ 0 14,600 

AF Arnold Air Force 

Base 

Primary Pumping Station Upgrades ....... 0 0 

Texas 

AF Joint Base San 

Antonio 

BMT Recruit Dormitory 7 ........................ 141,000 40,000 

AF Joint Base San 

Antonio 

BMT Recruit Dormitory 8, Inc. 3 ............ 31,000 31,000 

AF Joint Base San 

Antonio—Fort 

Sam Houston 

Child Development Center ....................... 0 29,000 

AF Joint Base San 

Antonio—Fort 

Sam Houston 

Directed Energy Research Center ........... 0 0 

AF Joint Base San 

Antonio— 

Lackland Air 

Force Base 

Child Development Center ....................... 0 29,000 

AF Sheppard Air 

Force Base 

Child Development Center ....................... 20,000 20,000 

United Kingdom 

AF Royal Air Force 

Fairford 

EDI: Construct DABS-FEV Storage ........ 94,000 94,000 

AF Royal Air Force 

Lakenheath 

F–35A Child Development Center ........... 0 24,000 

AF Royal Air Force 

Lakenheath 

F–35A Munition Inspection Facility ........ 31,000 31,000 

AF Royal Air Force 

Lakenheath 

F–35 ADAL Conventional Munitions MX 0 4,500 

AF Royal Air Force 

Lakenheath 

F–35A Weapons Load Training Facility 49,000 49,000 

Utah 

AF Hill Air Force 

Base 

GBSD Organic Software Sustainment 

Ctr, Inc. 2.

31,000 31,000 

Virginia 

AF Joint Base Langley-Eustis Fuel Systems Maintenance Dock ............. 0 24,000 

Worldwide Unspecified 

AF Various Worldwide Locations EDI: Planning & Design ........................... 648 10,648 

AF Various Worldwide Locations PDI: Planning & Design ........................... 27,200 47,200 

AF Various Worldwide Locations Planning & Design .................................... 201,453 201,453 

AF Various Worldwide Locations Intelligence, Surveillance, and Reconnaissance Infrastructure Planning and 

Design.

0 20,000 

AF Various Worldwide Locations Cost to Complete—Natural Disaster 

Conus-Based Projects.

0 100,000 

AF Various Worldwide Locations EDI: UMMC .............................................. 0 15,000 

AF Various Worldwide Locations Unspecified Minor Military Construction 58,884 58,884 

AF Worldwide Various Locations Labs and RDT&E Planning and Design 

Unfunded Requirement.

0 75,000 

Military Construction, Air Force Total ...................................................... 2,102,690 2,485,424 

Alabama 

Def-Wide Fort Rucker 10 MW RICE Generator Plant and 

Microgrid Controls.

0 24,000 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2325 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Def-Wide Redstone Arsenal Msic Advanced Analysis Facility Phase 1 

(Inc).

0 25,000 

Belgium 

Def-Wide Chievres Air 

Force Base 

Europe West District Superintendent’s 

Office.

15,000 15,000 

California 

Def-Wide Marine Corps 

Base Camp 

Pendleton 

Veterinary Treatment Facility Replacement.13,600 13,600 

Def-Wide Silver Strand 

Training Complex 

SOF ATC Operations Support Facility ... 21,700 21,700 

Def-Wide Silver Strand 

Training Complex 

SOF NSWG11 Operations Support Facility.12,000 12,000 

Def-Wide Marine Corps Air 

Station 

Miramar 

Additional LFG Power Meter Station ..... 0 4,054 

Def-Wide Naval Air Weapons Station 

China Lake 

Solar Energy Storage System .................. 0 9,120 

Def-Wide Naval Amphibious 

Base Coronado 

Ctc- SOF Training Command .................. 0 20,500 

Colorado 

Def-Wide Buckley Air Force 

Base 

JCC Expansion .......................................... 20,000 20,000 

District of Columbia 

Def-Wide Joint Base Anacostia-Bolling DIA HQ Cooling Towers and Cond 

Pumps.

0 2,257 

Def-Wide Joint Base Anacostia-Bolling PV Carports ............................................... 0 29,004 

Florida 

Def-Wide MacDill Air Force 

Base 

Transmission and Switching Stations ..... 0 22,000 

Georgia 

Def-Wide Fort Benning 4.8 MW Generation and Microgrid .......... 0 17,593 

Def-Wide Fort Benning SOF Battalion Headquarters Facility ..... 62,000 62,000 

Def-Wide Fort Stewart 10 MW Generation Plant, With 

Microgrid Controls.

0 22,000 

Def-Wide Kings Bay Naval 

Submarine Base 

Electrical Transmission and Distribution 0 19,314 

Germany 

Def-Wide Ramstein Air 

Base 

Ramstein Middle School ........................... 93,000 13,000 

Guam 

Def-Wide Polaris Point Submarine Base Inner Apra Harbor Resiliency Upgrades 

Ph1.

0 38,300 

Hawaii 

Def-Wide Hdr-Hawaii Homeland Defense Radar (P&D) ............. 0 9,000 

Def-Wide Joint Base Pearl 

Harbor-Hickam 

Veterinary Treatment Facility Replacement.29,800 29,800 

Idaho 

Def-Wide Mountain Home 

Air Force Base 

Water Treatment Plant and Pump Station.0 33,800 

Japan 

Def-Wide Marine Corps Air 

Base Iwakuni 

Fuel Pier .................................................... 57,700 57,700 

Def-Wide Kadena Air Base Operations Support Facility ..................... 24,000 24,000 

Def-Wide Kadena Air Base Truck Unload Facilities ............................ 22,300 22,300 

Def-Wide Misawa Air Base Additive Injection Pump and Storage 

Sys.

6,000 6,000 

Def-Wide Naval Air Facility 

Atsugi 

Smart Grid for Utility and Facility Controls.0 3,810 

Def-Wide Yokota Air Base Hangar/AMU ............................................. 108,253 31,653 

Kuwait 

Def-Wide Camp Arifjan Microgrid Controller, 1.25 MW Solar PV, 

and 1.5 MWH Battery.

0 15,000 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2326 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Maryland 

Def-Wide Bethesda Naval 

Hospital 

MEDCEN Addition / Alteration, Inc. 5 ... 153,233 153,233 

Def-Wide Fort Meade NSAW Mission OPS and Records Center 

Inc. 1.

94,000 94,000 

Def-Wide Fort Meade NSAW Recap Building 4, Inc. 1 ............... 104,100 104,100 

Def-Wide Fort Meade SOF Operations Facility ........................... 100,000 75,000 

Michigan 

Def-Wide Camp Grayling 650 KW Gas-Fired Micro-Turbine Generation System.0 5,700 

Mississippi 

Def-Wide Camp Shelby 10 MW Generation Plant an Feeder 

Level Microgrid System.

0 34,500 

Def-Wide Camp Shelby Electrical Distribution Infrastructure 

Undergrounding Hardening Project.

0 11,155 

Missouri 

Def-Wide Fort Leonard 

Wood 

Hospital Replacement, Inc. 4 ................... 160,000 160,000 

New Mexico 

Def-Wide Kirtland Air Force 

Base 

Environmental Health Facility Replacement.8,600 8,600 

New York 

Def-Wide Fort Drum Wellfield Expansion Resiliency Project ... 0 27,000 

North Carolina 

Def-Wide Camp Lejeune Ctc—SOF Motor Transport Maintenance 

Expansion.

0 0 

Def-Wide Fort Bragg Ctc—SOF Intelligence Training Center .. 0 0 

Def-Wide Fort Bragg 10 MW Microgrid Utilizing Existing and 

New Generators.

0 19,464 

Def-Wide Fort Bragg Emergency Water System ........................ 0 7,705 

North Dakota 

Def-Wide Cavalier Air Force 

Station 

Pcars Emergency Power Plant Fuel Storage.0 24,150 

Ohio 

Def-Wide Springfield-Beckley Municipal 

Airport 

Base-Wide Microgrid With Natural Gas 

Generator, Photovaltaic, and Battery 

Storage.

0 4,700 

Puerto Rico 

Def-Wide Fort Allen Microgrid Conrol System, 690 KW PV, 

275 KW Gen, 570 Kwh Bess.

0 12,190 

Def-Wide Punta Borinquen Ramey Unit School Replacement ............ 84,000 84,000 

Def-Wide Aguadilla Ramey 

Unit School 

Microgrid Conrol System, 460 KW PV, 

275 KW Generator, 660 Kwh Bess.

0 10,120 

Tennessee 

Def-Wide Memphis International Airport PV Arrays and Battery Storage ............... 0 4,780 

Texas 

Def-Wide Joint Base San 

Antonio 

Ambulatory Care Center Ph 4 ................. 35,000 35,000 

United Kingdom 

Def-Wide Menwith Hill Station Rafmh Main Gate Rehabilitation ............ 20,000 20,000 

Def-Wide Royal Air Force 

Lakenheath 

Hospital Replacement-Temporary Facilities.19,283 19,283 

Virginia 

Def-Wide Fort Belvoir Veterinary Treatment Facility Replacement.29,800 29,800 

Def-Wide Humphries Engineer Center and 

Support Activity 

SOF Battalion Operations Facility .......... 0 36,000 

Def-Wide Pentagon Consolidated Maintenance Complex 

(RRMC).

20,000 20,000 

Def-Wide Pentagon Force Protection Perimeter Enhancements.8,608 8,608 

Def-Wide Pentagon Public Works Support Facility ................. 21,935 21,935 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2327 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Def-Wide Fort Belvoir, NGA 

Campus East 

Led Upgrade Package ............................... 0 365 

Def-Wide Pentagon, Mark 

Center, and 

Raven Rock 

Mountain Complex 

Recommisioning of Hvac Systems, Part 

B.

0 2,600 

Def-Wide National 

Geospatial-Intelligence Agency Campus East 

Electrical System Redundancy ................ 0 5,299 

Washington 

Def-Wide Oak Harbor ACC / Dental Clinic (Oak Harbor) .......... 59,000 59,000 

Worldwide Unspecified 

Def-Wide Unspecified 

Worldwide Locations 

DIA Planning and Design ........................ 11,000 11,000 

Def-Wide Unspecified 

Worldwide Locations 

DODEA Planning and Design ................. 13,317 13,317 

Def-Wide Unspecified 

Worldwide Locations 

DODEA Unspecified Minor Construction 8,000 8,000 

Def-Wide Unspecified 

Worldwide Locations 

ERCIP Design ........................................... 40,150 40,150 

Def-Wide Unspecified 

Worldwide Locations 

Energy Resilience and Conserv. Invest. 

Prog..

246,600 0 

Def-Wide Unspecified 

Worldwide Locations 

Exercise Related Minor Construction ..... 5,615 5,615 

Def-Wide Unspecified 

Worldwide Locations 

MDA Unspecified Minor Construction .... 4,435 4,435 

Def-Wide Unspecified 

Worldwide Locations 

NSA Planning and Design ....................... 83,840 83,840 

Def-Wide Unspecified 

Worldwide Locations 

NSA Unspecified Minor Military Construction.12,000 12,000 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 14,194 14,194 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Military Construction.21,746 21,746 

Def-Wide Unspecified 

Worldwide Locations 

TJS Planning and Design ........................ 2,000 2,000 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 3,000 3,000 

Def-Wide Unspecified 

Worldwide Locations 

WHS Planning and Design ...................... 5,275 5,275 

Def-Wide Various Worldwide Locations DHA Planning and Design ....................... 35,099 35,099 

Def-Wide Various Worldwide Locations DLA Planning and Design ....................... 20,862 20,862 

Def-Wide Various Worldwide Locations DLA Unspecified Minor Construction ..... 6,668 6,668 

Def-Wide Various Worldwide Locations SOCOM Planning and Design ................. 20,576 20,576 

Military Construction, Defense-Wide Total .............................................. 1,957,289 2,029,569 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2328 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Worldwide Unspecified 

NATO NATO Security 

Investment Program 

NATO Security Investment Program ...... 205,853 205,853 

NATO Security Investment Program Total ............................................... 205,853 205,853 

Alabama 

Army NG Redstone Arsenal National Guard Readiness Center .......... 0 17,000 

Alaska 

Army NG Joint Base Elmendorf-Richardson Planning and Design for National Guard 

Readiness Center.

0 5,000 

Connecticut 

Army NG Connecticut Army 

National Guard 

Readiness Center—Putnam 

National Guard Readiness Center .......... 17,500 17,500 

Georgia 

Army NG Fort Benning Post-Initial Mil. Training Unaccomp. 

Housing.

13,200 13,200 

Guam 

Army NG Guam National 

Guard Readiness Center 

Barrigada 

National Guard Readiness Center Addition.34,000 34,000 

Idaho 

Army NG Jerome National 

Guard Armory 

National Guard Readiness Center .......... 15,000 15,000 

Illinois 

Army NG Bloomington National Guard 

Armory 

National Guard Vehicle Maintenance 

Shop.

15,000 15,000 

Kansas 

Army NG Nickell Memorial 

Armory 

National Guard/Reserve Center Building 

SCIF (P&D).

0 420 

Army NG Nickell Memorial 

Armory 

National Guard/Reserve Center Building 16,732 16,732 

Louisiana 

Army NG Camp Minden 

Training Site 

Collective Training Unaccompanied 

Housing.

0 13,800 

Army NG Lake Charles National Guard 

Readiness Center 

National Guard Readiness Center .......... 18,500 18,500 

Maine 

Army NG Saco National 

Guard Readiness Center 

National Guard Vehicle Maintenance 

Shop.

21,200 21,200 

Michigan 

Army NG Camp Grayling 

Military Installation 

National Guard Readiness Center .......... 0 16,000 

Mississippi 

Army NG Camp Shelby 

Training Site 

Maneuver Area Training Equipment 

Site.

0 15,500 

Missouri 

Army NG Aviation Classification Repair 

Activity Depot 

Avcrad Aircraft Maintenance Hangar 

Addition (P&D).

0 3,800 

Montana 

Army NG Butte Military 

Entrance Training Site 

National Guard Readiness Center .......... 16,000 16,000 

Nebraska 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2329 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Army NG Mead Army National Guard 

Readiness Center 

Collective Training Unaccompanied 

Housing.

0 11,000 

North Dakota 

Army NG Dickinson National Guard 

Armory 

National Guard Readiness Center .......... 15,500 15,500 

South Dakota 

Army NG Sioux Falls Army 

National Guard 

National Guard Readiness Center .......... 0 15,000 

Vermont 

Army NG Ethan Allen Air 

Force Base 

Family Readiness Center ......................... 0 4,665 

Army NG Vermont National 

Guard Armory 

National Guard Readiness Center .......... 0 16,900 

Virginia 

Army NG Virginia National 

Guard Readiness Center 

Army Aviation Support Facility (P&D) ... 0 5,805 

Army NG Virginia National 

Guard Readiness Center 

Combined Support Maintenance Shop 

Addition.

6,900 6,900 

Army NG Virginia National 

Guard Readiness Center 

National Guard Readiness Center Addition.6,100 6,100 

Worldwide Unspecified 

Army NG Unspecified 

Worldwide Locations 

Planning and Design ................................ 22,000 32,000 

Army NG Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 39,471 39,471 

Army NG Various Worldwide Locations Army National Guard Transformation 

Plan.

0 0 

Military Construction, Army National Guard Total ............................... 257,103 391,993 

Michigan 

Army Res Southfield Area Maintenance Support Activity ........ 12,000 12,000 

Ohio 

Army Res Wright-Patterson 

Air Force Base 

AR Center Training Building/ UHS ........ 19,000 19,000 

Wisconsin 

Army Res Fort McCoy Transient Training BN HQ ...................... 12,200 12,200 

Army Res Fort McCoy Transient Training Enlisted Barracks .... 0 29,200 

Army Res Fort McCoy Transient Training Officer Barracks ....... 0 29,200 

Army Res Fort McCoy Transient Training Enlisted Barracks .... 0 0 

Worldwide Unspecified 

Army Res Unspecified 

Worldwide Locations 

Planning and Design ................................ 7,167 7,167 

Army Res Unspecified 

Worldwide Locations 

Cost to Complete ....................................... 0 0 

Army Res Unspecified 

Worldwide Locations 

Unspecified Minor Military Construction 14,544 14,544 

Military Construction, Army Reserve Total ............................................. 64,911 123,311 

Michigan 

N/MC Res Navy Operational 

Support Center 

Battle Creek 

Reserve Center & Vehicle Maintenance 

Facility.

49,090 49,090 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2330 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Minnesota 

N/MC Res Minneapolis Joint Reserve Intelligence Center ........... 14,350 14,350 

Worldwide Unspecified 

N/MC Res Unspecified 

Worldwide Locations 

MCNR Planning & Design ....................... 1,257 1,257 

N/MC Res Unspecified 

Worldwide Locations 

MCNR Unspecified Minor Construction 2,359 2,359 

N/MC Res Unspecified 

Worldwide Locations 

USMCR Planning and Design ................. 4,748 4,748 

Military Construction, Naval Reserve Total ............................................. 71,804 71,804 

Alabama 

Air NG Sumpter Smith 

Air National 

Guard Base 

Security and Services Training Facility .. 0 7,500 

Air NG Montgomery Regional Airport Aircraft Maintenance Facility .................. 0 19,200 

Connecticut 

Air NG Bradley International Airport Composite ASE/Vehicle MX Facility ....... 0 17,000 

Delaware 

Air NG Newcastle Air National Guard 

Base 

Fuel Cell/Corrosion Control Hangar ....... 0 17,500 

Idaho 

Air NG Boise Air National Guard 

Base Gowen 

Field 

Medical Training Facility ......................... 0 6,500 

Illinois 

Air NG Abraham Lincoln 

Capital Airport 

Base Civil Engineering Facility ............... 0 10,200 

Massachusetts 

Air NG Barnes Air National Guard Combined Engine/ASE/NDI Shop ............ 12,200 12,200 

Michigan 

Air NG Alpena County 

Regional Airport 

Aircraft Maintenance Hangar/Shops ....... 23,000 23,000 

Air NG Selfridge Air National Guard 

Base 

a–10 Maintenance Hangar and Shops .... 0 28,000 

Air NG W. K. Kellog Regional Airport Construct Main Base Entrance ............... 10,000 10,000 

Mississippi 

Air NG Jackson International Airport Fire Crash and Rescue Station ................ 9,300 9,300 

New York 

Air NG Francis S. 

Gabreski Airport 

Base Civil Engineer Complex .................. 0 14,800 

Air NG Schenectady Municipal Airport C–130 Flight Simulator Facility .............. 10,800 10,800 

Ohio 

Air NG Camp Perry Red Horse Logistics Complex .................. 7,800 7,800 

South Carolina 

Air NG Mcentire Joint 

National Guard 

Base 

Hazardous Cargo Pad ............................... 0 9,000 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2331 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Air NG Mcentire Joint 

National Guard 

Base 

F–16 Mission Training Center ................. 9,800 9,800 

South Dakota 

Air NG Joe Foss Field F–16 Mission Training Center ................. 9,800 9,800 

Texas 

Air NG Kelly Field Annex Aircraft Corrosion Control ....................... 0 9,500 

Washington 

Air NG Camp Murray Air 

National Guard 

Station 

Air Support Operations Complex ............ 0 27,000 

Wisconsin 

Air NG Truax Field F–35 3–Bay Specialized Hangar .............. 31,000 31,000 

Air NG Truax Field Medical Readiness Facility ...................... 13,200 13,200 

Air NG Volk Combat 

Readiness 

Training Center 

Replace Aircraft Maintenance Hangar/ 

Shops (P&D).

0 2,280 

Worldwide Unspecified 

Air NG Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 29,068 29,068 

Air NG Various Worldwide Locations Planning and Design ................................ 18,402 34,402 

Wyoming 

Air NG Cheyenne Municipal Airport Combined Vehicle Maintenance & ASE 

Complex.

13,400 13,400 

Military Construction, Air National Guard Total ................................... 197,770 382,250 

California 

AF Res Beale Air Force 

Base 

940 ARW SQ OPS &amu Complex .......... 0 33,000 

Florida 

AF Res Homestead Air 

Force Reserve 

Base 

Corrosion Control Facility ........................ 14,000 14,000 

AF Res Patrick Air Force 

Base 

Simulator C–130J ..................................... 18,500 18,500 

Indiana 

AF Res Grissom Air Reserve Base Logistics Readiness Complex ................... 0 29,000 

Minnesota 

AF Res Minneapolis-St 

Paul International Airport 

Mission Support Group Facility .............. 14,000 14,000 

New York 

AF Res Niagara Falls Air 

Reserve Station 

Main Gate .................................................. 10,600 10,600 

Ohio 

AF Res Youngstown Air 

Reserve Base 

Assault Runway ........................................ 0 8,700 

Worldwide Unspecified 

AF Res Worldwide Various Locations KC–46 Mob 5 (P&D) ................................. 0 15,000 

AF Res Unspecified 

Worldwide Locations 

Planning & Design .................................... 5,830 5,830 

AF Res Unspecified 

Worldwide Locations 

Unspecified Minor Military Construction 15,444 15,444 

Military Construction, Air Force Reserve Total ...................................... 78,374 164,074 

Italy 

FH Con Army Vicenza Family Housing New Construction ......... 92,304 92,304 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2332 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

Kwajalein Atoll 

FH Con Army Kwajalein Atoll Family Housing Replacement Construction.0 10,000 

Pennsylvania 

FH Con Army Tobyhanna Army 

Depot 

Ctc- Family Housing Replacement Construction.0 7,500 

Puerto Rico 

FH Con Army Fort Buchanan Ctc- Family Housing Replacement Construction.0 14,000 

Worldwide Unspecified 

FH Con Army Unspecified 

Worldwide Locations 

Family Housing P&D ............................... 7,545 37,545 

Family Housing Construction, Army Total ............................................... 99,849 161,349 

Worldwide Unspecified 

FH Ops Army Unspecified 

Worldwide Locations 

Furnishings ............................................... 18,077 18,077 

FH Ops Army Unspecified 

Worldwide Locations 

Housing Privitization Support ................. 38,404 38,404 

FH Ops Army Unspecified 

Worldwide Locations 

Leasing ....................................................... 128,110 128,110 

FH Ops Army Unspecified 

Worldwide Locations 

Maintenance .............................................. 111,181 111,181 

FH Ops Army Unspecified 

Worldwide Locations 

Management .............................................. 42,850 42,850 

FH Ops Army Unspecified 

Worldwide Locations 

Miscellaneous ............................................ 556 556 

FH Ops Army Unspecified 

Worldwide Locations 

Services ...................................................... 8,277 8,277 

FH Ops Army Unspecified 

Worldwide Locations 

Utilities ...................................................... 43,772 43,772 

Family Housing Operation And Maintenance, Army Total .................. 391,227 391,227 

Worldwide Unspecified 

FH Con Navy Unspecified 

Worldwide Locations 

Construction Improvements ..................... 71,884 71,884 

FH Con Navy Unspecified 

Worldwide Locations 

Planning & Design .................................... 3,634 3,634 

FH Con Navy Unspecified 

Worldwide Locations 

USMC DPRI/Guam Planning and Design.2,098 2,098 

Family Housing Construction, Navy And Marine Corps Total ............ 77,616 77,616 

Worldwide Unspecified 

FH Ops Navy Unspecified 

Worldwide Locations 

Furnishings ............................................... 16,537 16,537 


dkrause on LAP5T8D0R2PROD with PUBLAWS
PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2333 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

FH Ops Navy Unspecified 

Worldwide Locations 

Housing Privatization Support ................ 54,544 54,544 

FH Ops Navy Unspecified 

Worldwide Locations 

Leasing ....................................................... 62,567 62,567 

FH Ops Navy Unspecified 

Worldwide Locations 

Maintenance .............................................. 95,417 95,417 

FH Ops Navy Unspecified 

Worldwide Locations 

Management .............................................. 54,083 54,083 

FH Ops Navy Unspecified 

Worldwide Locations 

Miscellaneous ............................................ 285 285 

FH Ops Navy Unspecified 

Worldwide Locations 

Services ...................................................... 17,637 17,637 

FH Ops Navy Unspecified 

Worldwide Locations 

Utilities ...................................................... 56,271 56,271 

Family Housing Operation And Maintenance, Navy And Marine 

Corps Total.

357,341 357,341 

Georgia 

FH Con AF Robins Air Force 

Base 

Robins 2 MHPI Restructure ..................... 6,000 6,000 

Nebraska 

FH Con AF Offutt Air Force 

Base 

Offutt MHPI Restructure ......................... 50,000 50,000 

Worldwide Unspecified 

FH Con AF Unspecified 

Worldwide Locations 

Construction Improvements ..................... 49,258 49,258 

FH Con AF Unspecified 

Worldwide Locations 

Planning & Design .................................... 10,458 10,458 

Family Housing Construction, Air Force Total ....................................... 115,716 115,716 

Worldwide Unspecified 

FH Ops AF Unspecified 

Worldwide Locations 

Furnishings ............................................... 26,842 26,842 

FH Ops AF Unspecified 

Worldwide Locations 

Housing Privatization ............................... 23,275 23,275 

FH Ops AF Unspecified 

Worldwide Locations 

Leasing ....................................................... 9,520 9,520 

FH Ops AF Unspecified 

Worldwide Locations 

Maintenance .............................................. 141,754 141,754 

FH Ops AF Unspecified 

Worldwide Locations 

Management .............................................. 70,062 70,062 

FH Ops AF Unspecified 

Worldwide Locations 

Miscellaneous ............................................ 2,200 2,200 

FH Ops AF Unspecified 

Worldwide Locations 

Services ...................................................... 8,124 8,124 


dkrause on LAP5T8D0R2PROD with PUBLAWS
135 STAT. 2334 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

FH Ops AF Unspecified 

Worldwide Locations 

Utilities ...................................................... 43,668 43,668 

Family Housing Operation And Maintenance, Air Force Total ........... 325,445 325,445 

Worldwide Unspecified 

FH Ops DW Unspecified 

Worldwide Locations 

DIA Furnishings ....................................... 656 656 

FH Ops DW Unspecified 

Worldwide Locations 

DIA Leasing .............................................. 31,430 31,430 

FH Ops DW Unspecified 

Worldwide Locations 

DIA Utilities .............................................. 4,166 4,166 

FH Ops DW Unspecified 

Worldwide Locations 

Maintenance .............................................. 49 49 

FH Ops DW Unspecified 

Worldwide Locations 

NSA Furnishings ...................................... 83 83 

FH Ops DW Unspecified 

Worldwide Locations 

NSA Leasing .............................................. 13,387 13,387 

FH Ops DW Unspecified 

Worldwide Locations 

NSA Utilities ............................................. 14 14 

Family Housing Operation And Maintenance, Defense-Wide Total ... 49,785 49,785 

Worldwide Unspecified 

FHIF Unspecified 

Worldwide Locations 

Administrative Expenses—FHIF ............. 6,081 6,081 

Unaccompanied Housing Improvement Fund Total ............................... 6,081 6,081 

Worldwide Unspecified 

UHIF Unspecified 

Worldwide Locations 

Administrative Expenses—UHIF ............ 494 494 

Unaccompanied Housing Improvement Fund Total ............................... 494 494 

Worldwide Unspecified 

BRAC Base Realignment 

& Closure, 

Army 

Base Realignment and Closure ................ 65,301 115,301 

Base Realignment and Closure—Army Total ........................................... 65,301 115,301 

Worldwide Unspecified 

BRAC Unspecified 

Worldwide Locations 

Base Realignment & Closure ................... 111,155 161,155 

Base Realignment and Closure—Navy Total ............................................ 111,155 161,155 

Worldwide Unspecified 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2335 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2022 Request 

Conference 

Authorized 

BRAC Unspecified 

Worldwide Locations 

DOD BRAC Activities—Air Force ........... 104,216 104,216 

Base Realignment and Closure—Air Force Total .................................... 104,216 104,216 

Worldwide Unspecified 

BRAC Unspecified 

Worldwide Locations 

Base Realignment and Closure ................ 0 0 

BRAC Unspecified 

Worldwide Locations 

Int–4: DLA Activities ................................ 3,967 3,967 

Base Realignment and Closure—Defense-wide Total ............................. 3,967 3,967 

Total, Military Construction ......................................................................... 9,847,031 13,347,031 

TITLE XLVII—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Conference 

Authorized 

Discretionary Summary by Appropriation 

Energy and Water Development and Related Agencies 

Appropriation Summary: 

Energy Programs 

Nuclear energy ............................................................... 149,800 149,800 

Atomic Energy Defense Activities 

National Nuclear Security Administration: 

Weapons activities .................................................. 15,484,295 15,981,328 

Defense nuclear nonproliferation .......................... 1,934,000 1,957,000 

Naval reactors ......................................................... 1,860,705 1,860,705 

Federal Salaries and Expenses .............................. 464,000 464,000 

Total, National Nuclear Security Administration .............................................................................. 19,743,000 20,263,033 

Defense environmental cleanup .................................... 6,841,670 6,480,759 

Defense Uranium Enrichment D&D ............................ 0 0 

Other defense activities ................................................. 1,170,000 920,000 

Total, Atomic Energy Defense Activities ..................... 27,754,670 27,663,792 

Total, Discretionary Funding ....................................................... 27,904,470 27,813,592 

Nuclear Energy 

Safeguards and security .............................................................. 149,800 149,800 

Total, Nuclear Energy ..................................................................... 149,800 149,800 


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135 STAT. 2336 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Conference 

Authorized 

National Nuclear Security Administration 

Federal Salaries and Expenses 

Program direction ......................................................................... 464,000 464,000 

Weapons Activities 

Stockpile management 

Stockpile major modernization 

B61 Life extension program .......................................... 771,664 771,664 

W76–2 Modification program ........................................ 0 0 

W88 Alteration program ................................................ 207,157 207,157 

W80–4 Life extension program ..................................... 1,080,400 1,080,400 

W80–4 ALT SLCM ......................................................... 10,000 10,000 

W87–1 Modification Program (formerly IW1) ............. 691,031 691,031 

W93 ................................................................................. 72,000 72,000 

Subtotal, Stockpile major modernization ................... 2,832,252 2,832,252 

Stockpile sustainment ......................................................................... 1,180,483 1,180,483 

Weapons dismantlement and disposition .......................................... 51,000 51,000 

Production operations ......................................................................... 568,941 568,941 

Total, Stockpile management ................................................ 4,632,676 4,632,676 

Production modernization 

Primary Capability Modernization 

Plutonium Modernization 

Los Alamos plutonium modernization 

Los Alamos Plutonium Operations ................ 660,419 660,419 

21–D–512, Plutonium Pit Production Project, 

LANL ............................................................ 350,000 350,000 

Subtotal, Los Alamos plutonium modernization ...................................................................... 1,010,419 1,010,419 

Savannah River plutonium modernization 

Savannah River plutonium operations .......... 128,000 128,000 

21–D–511, Savannah River Plutonium Processing Facility, SRS ..................................... 475,000 475,000 

Subtotal, Savannah River plutonium modernization ........................................................... 603,000 603,000 

Enterprise Plutonium Support ............................................. 107,098 107,098 

Total, Plutonium Modernization ........................................... 1,720,517 1,720,517 

High Explosives & Energetics ..................................................... 68,785 68,785 

Total, Primary Capability Modernization .......................... 1,789,302 1,789,302 

Secondary Capability Modernization ................................................. 488,097 488,097 

Tritium and Domestic Uranium Enrichment .................................... 489,017 489,017 

Non-Nuclear Capability Modernization ............................................. 144,563 144,563 

Total, Production modernization ......................................... 2,910,979 2,910,979 

Stockpile research, technology, and engineering 

Assessment science ............................................................... 689,578 769,394 

Engineering and integrated assessments ............................ 336,766 292,085 

Inertial confinement fusion .................................................. 529,000 580,000 

Advanced simulation and computing .................................. 747,012 747,012 

Weapon technology and manufacturing maturation .......... 292,630 292,630 

Academic programs ............................................................... 95,645 101,945 

Total, Stockpile research, technology, and engineering 2,690,631 2,783,066 

Infrastructure and operations 

Operating 

Operations of facilities ................................................... 1,014,000 1,014,000 

Safety and Environmental Operations ......................... 165,354 165,354 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2337 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Conference 

Authorized 

Maintenance and Repair of Facilities .......................... 670,000 1,020,000 

Recapitalization 

Infrastructure and Safety ...................................... 508,664 508,664 

Capabilities Based Investments ............................ 143,066 143,066 

Planning for Programmatic Construction (PreCD–1) ................................................................... 0 0 

Subtotal, Recapitalization ........................................ 651,730 651,730 

Total, Operating ................................................................. 2,501,084 2,851,084 

Construction 

Programmatic 

22–D–513 Power Sources Capability, SNL ........... 13,827 13,827 

21–D–510, HE Synthesis, Formulation, and Production Facility, PX ............................................. 44,500 36,200 

18–D–690, Lithium Processing Facility, Y–12 ..... 167,902 167,902 

18–D–650, Tritium Finishing Facility, SRS ......... 27,000 27,000 

18–D–620, Exascale Computing Facility Modernization Project, LLNL .................................... 0 0 

17–D–640, U1a Complex Enhancements Project, 

NNSS .................................................................... 135,000 135,000 

15–D–302, TA–55 Reinvestment Project—Phase 

3, LANL ............................................................... 27,000 27,000 

15–D–301, HE Science & Engineering Facility, 

PX ......................................................................... 0 0 

07–D–220-04, Transuranic Liquid Waste Facility, LANL ............................................................. 0 0 

06–D–141, Uranium Processing Facility, Y–12 .... 524,000 600,000 

04–D–125, Chemistry and Metallurgy Research 

Replacement Project, LANL ............................... 138,123 138,123 

Total, Programmatic .................................................. 1,077,352 1,145,052 

Mission enabling 

22–D–514 Digital Infrastructure Capability Expansion ................................................................. 8,000 8,000 

Total, Mission enabling ............................................. 8,000 8,000 

Total, Construction ........................................................... 1,085,352 1,153,052 

Total, Infrastructure and operations ................................... 3,586,436 4,004,136 

Secure transportation asset 

Operations and equipment ................................................... 213,704 213,704 

Program direction ................................................................. 117,060 117,060 

Total, Secure transportation asset ....................................... 330,764 330,764 

Defense nuclear security 

Operations and maintenance ............................................... 824,623 811,521 

Security improvements program .......................................... 0 0 

Construction: 

17–D–710, West end protected area reduction project, 

Y–12 ............................................................................. 23,000 23,000 

Subtotal, construction ...................................................... 23,000 23,000 

Total, Defense nuclear security ............................................ 847,623 834,521 

Information technology and cybersecurity ............................... 406,530 406,530 

Legacy contractor pensions .......................................................... 78,656 78,656 

Total, Weapons Activities ............................................................... 15,484,295 15,981,328 

Adjustments 

Use of prior year balances .................................................... 0 0 

Total, Adjustments .................................................................... 0 0 

Total, Weapons Activities ............................................................... 15,484,295 15,981,328 


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135 STAT. 2338 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Conference 

Authorized 

Defense Nuclear Nonproliferation 

Defense Nuclear Nonproliferation Programs 

Material management and minimization 

Conversion (formerly HEU Reactor Conversion) ......... 100,660 100,660 

Nuclear material removal ............................................. 42,100 42,100 

Material disposition ....................................................... 200,186 200,186 

Laboratory and partnership support ............................ 0 0 

Total, Material management & minimization ............ 342,946 342,946 

Global material security 

International nuclear security ...................................... 79,939 79,939 

Domestic radiological security ...................................... 158,002 158,002 

International radiological security ............................... 85,000 85,000 

Nuclear smuggling detection and deterrence .............. 175,000 185,000 

Total, Global material security ...................................... 497,941 507,941 

Nonproliferation and arms control ...................................... 184,795 184,795 

National Technical Nuclear Forensics R&D ....................... 45,000 45,000 

Defense nuclear nonproliferation R&D 

Proliferation detection ................................................... 269,407 269,407 

Nonproliferation stewardship program ........................ 87,329 100,329 

Nuclear detonation detection ........................................ 271,000 271,000 

Nonproliferation fuels development ............................. 0 0 

Total, Defense Nuclear Nonproliferation R&D .......... 627,736 640,736 

Nonproliferation construction 

U. S. Construction: 

18–D–150 Surplus Plutonium Disposition Project 156,000 156,000 

99–D–143, Mixed Oxide (MOX) Fuel Fabrication 

Facility, SRS ........................................................ 0 0 

Total, U. S. Construction: ......................................... 156,000 156,000 

Total, Nonproliferation construction ........................... 156,000 156,000 

Total, Defense Nuclear Nonproliferation Programs ........ 1,854,418 1,877,418 

Legacy contractor pensions .......................................................... 38,800 38,800 

Nuclear counterterrorism and incident response program 

Emergency Operations .......................................................... 14,597 14,597 

Counterterrorism and Counterproliferation ....................... 356,185 356,185 

Total, Nuclear counterterrorism and incident response 

program ................................................................................... 370,782 370,782 

Subtotal, Defense Nuclear Nonproliferation ............................ 2,264,000 2,287,000 

Adjustments 

Use of prior year balances .................................................... 0 0 

Use of prior year MOX funding ........................................... –330,000 –330,000 

Total, Adjustments .................................................................... –330,000 –330,000 

Total, Defense Nuclear Nonproliferation .................................. 1,934,000 1,957,000 

Naval Reactors 

Naval reactors development ........................................................ 640,684 640,684 

Columbia-Class reactor systems development ........................... 55,000 55,000 

S8G Prototype refueling .............................................................. 126,000 126,000 

Naval reactors operations and infrastructure ............................ 594,017 594,017 

Program direction ......................................................................... 55,579 55,579 

Construction: 

22–D–532 Security Upgrades KL ........................................ 5,100 5,100 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2339 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Conference 

Authorized 

22–D–531 KL Chemistry & Radiological Health Building 41,620 41,620 

21–D–530 KL Steam and Condensate Upgrades ............... 0 0 

14–D–901, Spent Fuel Handling Recapitalization Project, 

NRF .................................................................................... 348,705 348,705 

Total, Construction .................................................................. 395,425 395,425 

Use of Prior Year unobligated balances ..................................... –6,000 –6,000 

Total, Naval Reactors ...................................................................... 1,860,705 1,860,705 

TOTAL, National Nuclear Security Administration ............... 19,743,000 20,263,033 

Defense Environmental Cleanup 

Closure sites administration ................................................ 3,987 3,987 

Richland: 

River corridor and other cleanup operations ...................... 196,000 211,000 

Central plateau remediation ................................................ 689,776 689,776 

Richland community and regulatory support ..................... 5,121 5,121 

18–D–404 Modification of Waste Encapsulation and Storage Facility ......................................................................... 8,000 8,000 

22–D–401 L–888, 400 Area Fire Station ............................. 15,200 15,200 

22–D–402 L–897, 200 Area Water Treatment Facility ...... 12,800 12,800 

Total, Richland .......................................................................... 926,897 941,897 

Office of River Protection: 

Waste Treatment Immobilization Plant Commissioning ... 50,000 50,000 

Rad liquid tank waste stabilization and disposition .......... 817,642 837,642 

Construction: 

18–D–16 Waste treatment and immobilization 

plant—LBL/Direct feed LAW ............................. 586,000 586,000 

01–D–16 D, High-level waste facility .................... 60,000 60,000 

01–D–16 E, Pretreatment Facility ........................ 20,000 20,000 

Total, Construction ........................................................... 666,000 666,000 

ORP Low-level waste offsite disposal .................................. 7,000 7,000 

Total, Office of River Protection .......................................... 1,540,642 1,560,642 

Idaho National Laboratory: 

Idaho cleanup and waste disposition ................................... 358,925 358,925 

Idaho community and regulatory support ........................... 2,658 2,658 

Construction: 

22–D–403 Idaho Spent Nuclear Fuel Staging Facility ...................................................................... 3,000 3,000 

22–D–404 Addl ICDF Landfill Disposal Cell and 

Evaporation Ponds Project ................................. 5,000 5,000 

Total, Construction ........................................................... 8,000 8,000 

Total, Idaho National Laboratory ......................................... 369,583 369,583 

NNSA sites and Nevada off-sites 

Lawrence Livermore National Laboratory .......................... 1,806 1,806 

LLNL Excess facilities D&D ................................................ 35,000 35,000 

Separations Processing Research Unit ................................ 15,000 15,000 

Nevada Test Site ................................................................... 60,737 60,737 

Sandia National Laboratory ................................................. 4,576 4,576 

Los Alamos National Laboratory ......................................... 275,119 275,119 

Los Alamos Excess facilities D&D ....................................... 58,381 58,381 

Total, NNSA sites and Nevada off-sites ............................... 450,619 450,619 

Oak Ridge Reservation: 

OR Nuclear facility D&D ...................................................... 274,923 287,316 

U233 Disposition Program ................................................... 55,000 55,000 

OR cleanup and waste disposition ....................................... 73,725 73,725 


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135 STAT. 2340 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Conference 

Authorized 

Construction: 

17–D–401 On-site waste disposal facility .................... 12,500 12,500 

14–D–403 Outfall 200 Mercury Treatment Facility ... 0 0 

Subtotal, Construction: .................................................... 12,500 12,500 

OR community & regulatory support .................................. 5,096 5,096 

OR technology development and deployment ..................... 3,000 3,000 

Total, Oak Ridge Reservation ................................................ 424,244 436,637 

Savannah River Site: 

Savannah River risk management operations .................... 452,724 454,090 

SR legacy pensions ................................................................ 130,882 130,882 

SR community and regulatory support ............................... 5,805 11,805 

Construction: 

20-D–402 Advanced Manufacturing Collaborative Facility (AMC) ................................................................. 0 0 

20-D–401 Saltstone Disposal Unit #10, 11, 12 ............ 19,500 19,500 

19–D–701 SR Security systems replacement .............. 5,000 5,000 

18–D–402 Saltstone disposal unit #8/9 ........................ 68,000 68,000 

17–D–402 Saltstone Disposal Unit #7 .......................... 0 0 

05–D–405 Salt waste processing facility, SRS ............ 0 0 

8–D–402 Emergency Operations Center Replacement, SR ..................................................................... 8,999 8,999 

Radioactive liquid tank waste stabilization ........................ 890,865 890,865 

Total, Savannah River Site .................................................... 1,581,775 1,589,141 

Waste Isolation Pilot Plant 

Waste Isolation Pilot Plant .................................................. 350,424 350,424 

Construction: 

15–D–411 Safety significant confinement ventilation 

system, WIPP ............................................................. 55,000 55,000 

15–D–412 Exhaust shaft, WIPP ................................... 25,000 25,000 

21–D–401 Hoisting Capability Project ......................... 0 0 

Total, Construction ........................................................... 80,000 80,000 

Total, Waste Isolation Pilot Plant ......................................... 430,424 430,424 

Program direction—Defense Environmental Cleanup .............. 293,106 293,106 

Program support—Defense Environmental Cleanup ................ 62,979 62,979 

Safeguards and Security—Defense Environmental Cleanup ... 316,744 316,744 

Technology development and deployment .................................. 25,000 25,000 

Federal contribution to the Uranium Enrichment D&D Fund 415,670 0 

Use of prior year balances ........................................................... 0 0 

Subtotal, Defense environmental cleanup ................................. 6,841,670 6,480,759 

TOTAL, Defense Environmental Cleanup ................................. 6,841,670 6,480,759 

Defense Uranium Enrichment D&D ............................................ 0 0 

Other Defense Activities 

Environment, health, safety and security 

Environment, health, safety and security mission support 130,809 130,809 

Program direction ................................................................. 75,511 75,511 

Total, Environment, health, safety and security .............. 206,320 206,320 

Independent enterprise assessments 

Enterprise assessments ........................................................ 27,335 27,335 

Program direction—Office of Enterprise Assessments ...... 56,049 56,049 

Total, Office of Enterprise Assessments ............................. 83,384 83,384 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2341 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2022 

Request 

Conference 

Authorized 

Specialized security activities ...................................................... 283,500 283,500 

Office of Legacy Management 

Legacy management activities—defense ............................. 408,797 158,797 

Program direction ................................................................. 19,933 19,933 

Total, Office of Legacy Management ................................... 428,730 178,730 

Defense related administrative support ..................................... 163,710 163,710 

Office of hearings and appeals .................................................... 4,356 4,356 

Subtotal, Other defense activities ........................................ 1,170,000 920,000 

Use of prior year balances ........................................................... 0 0 

Total, Other Defense Activities .................................................... 1,170,000 920,000 

DIVISION E—DEPARTMENT OF STATE 

AUTHORIZATION ACT OF 2021 

Sec. 5001. Short title. 

Sec. 5002. Definitions. 

SEC. 5001. SHORT TITLE. 

This division may be cited as the ‘‘Department of State 

Authorization Act of 2021’’. 

SEC. 5002. DEFINITIONS. 

In this division: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Foreign Relations of the Senate and the Committee on 

Foreign Affairs of the House of Representatives. 

(2) DEPARTMENT.—If not otherwise specified, the term 

‘‘Department’’ means the Department of State. 

(3) SECRETARY.—If not otherwise specified, the term ‘‘Secretary’’ means the Secretary of State. 

TITLE LI—ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF 

STATE 

Sec. 5101. Sense of Congress on importance of Department of State’s work. 

Sec. 5102. Assistant Secretary for International Narcotics and Law Enforcement 

Affairs. 

Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. 

Sec. 5104. Office of International Disability Rights. 

Sec. 5105. Special appointment authority. 

Sec. 5106. Repeal of authority for Special Representative and Policy Coordinator for 

Burma. 

Sec. 5107. Anti-piracy information sharing. 

Sec. 5108. Importance of foreign affairs training to national security. 

Sec. 5109. Classification and assignment of Foreign Service officers. 

Sec. 5110. Reporting on implementation of GAO recommendations. 

Sec. 5111. Extension of period for reimbursement of fishermen for costs incurred 

from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments. 

22 USC 263 note. 

Department 

of State 

Authorization 

Act of 2021. 


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135 STAT. 2342 PUBLIC LAW 117–81—DEC. 27, 2021 

Sec. 5112. Art in embassies. 

Sec. 5113. International fairs and expositions. 

Sec. 5114. Amendment or repeal of reporting requirements. 

SEC. 5101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT 

OF STATE’S WORK. 

It is the sense of Congress that— 

(1) United States global engagement is key to a stable 

and prosperous world; 

(2) United States leadership is indispensable in light of 

the many complex and interconnected threats facing the United 

States and the world; 

(3) diplomacy and development are critical tools of national 

power, and full deployment of these tools is vital to United 

States national security; 

(4) challenges such as the global refugee and migration 

crises, terrorism, historic famine and food insecurity, and fragile 

or repressive societies cannot be addressed without sustained 

and robust United States diplomatic and development leadership; 

(5) the United States Government must use all of the 

instruments of national security and foreign policy at its disposal to protect United States citizens, promote United States 

interests and values, and support global stability and prosperity; 

(6) United States security and prosperity depend on having 

partners and allies that share our interests and values, and 

these partnerships are nurtured and our shared interests and 

values are promoted through United States diplomatic engagement, security cooperation, economic statecraft, and assistance 

that helps further economic development, good governance, 

including the rule of law and democratic institutions, and the 

development of shared responses to natural and humanitarian 

disasters; 

(7) as the United States Government agencies primarily 

charged with conducting diplomacy and development, the 

Department and the United States Agency for International 

Development (USAID) require sustained and robust funding 

to carry out this important work, which is essential to our 

ability to project United States leadership and values and to 

advance United States interests around the world; 

(8) the work of the Department and USAID makes the 

United States and the world safer and more prosperous by 

alleviating global poverty and hunger, fighting HIV/AIDS and 

other infectious diseases, strengthening alliances, expanding 

educational opportunities for women and girls, promoting good 

governance and democracy, supporting anti-corruption efforts, 

driving economic development and trade, preventing armed 

conflicts and humanitarian crises, and creating American jobs 

and export opportunities; 

(9) the Department and USAID are vital national security 

agencies, whose work is critical to the projection of United 

States power and leadership worldwide, and without which 

Americans would be less safe, United States economic power 

would be diminished, and global stability and prosperity would 

suffer; 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2343 

(10) investing in diplomacy and development before conflicts break out saves American lives while also being costeffective; and 

(11) the contributions of personnel working at the Department and USAID are extraordinarily valuable and allow the 

United States to maintain its leadership around the world. 

SEC. 5102. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS 

AND LAW ENFORCEMENT AFFAIRS. 

(a) IN GENERAL.—Section 1(c) of the State Department Basic 

Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended— 

(1) by redesignating paragraphs (3) and (4) as paragraphs 

(4) and (5), respectively; and 

(2) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS

AND LAW ENFORCEMENT AFFAIRS.— 

‘‘(A) IN GENERAL.—There is authorized to be in the 

Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs, who shall 

be responsible to the Secretary of State for all matters, 

programs, and related activities pertaining to international 

narcotics, anti-crime, and law enforcement affairs in the 

conduct of foreign policy by the Department, including, 

as appropriate, leading the coordination of programs carried out by United States Government agencies abroad, 

and such other related duties as the Secretary may from 

time to time designate. 

‘‘(B) AREAS OF RESPONSIBILITY.—The Assistant Secretary for International Narcotics and Law Enforcement 

Affairs shall maintain continuous observation and coordination of all matters pertaining to international narcotics, 

anti-crime, and law enforcement affairs in the conduct 

of foreign policy, including programs carried out by other 

United States Government agencies when such programs 

pertain to the following matters: 

‘‘(i) Combating international narcotics production 

and trafficking. 

‘‘(ii) Strengthening foreign justice systems, 

including judicial and prosecutorial capacity, appeals 

systems, law enforcement agencies, prison systems, 

and the sharing of recovered assets. 

‘‘(iii) Training and equipping foreign police, border 

control, other government officials, and other civilian 

law enforcement authorities for anti-crime purposes, 

including ensuring that no foreign security unit or 

member of such unit shall receive such assistance from 

the United States Government absent appropriate vetting. 

‘‘(iv) Ensuring the inclusion of human rights and 

women’s participation issues in law enforcement programs, in consultation with the Assistant Secretary 

for Democracy, Human Rights, and Labor, and other 

senior officials in regional and thematic bureaus and 

offices. 

‘‘(v) Combating, in conjunction with other relevant 

bureaus of the Department of State and other United 


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135 STAT. 2344 PUBLIC LAW 117–81—DEC. 27, 2021 

States Government agencies, all forms of transnational 

organized crime, including human trafficking, illicit 

trafficking in arms, wildlife, and cultural property, 

migrant smuggling, corruption, money laundering, the 

illicit smuggling of bulk cash, the licit use of financial 

systems for malign purposes, and other new and 

emerging forms of crime. 

‘‘(vi) Identifying and responding to global corruption, including strengthening the capacity of foreign 

government institutions responsible for addressing 

financial crimes and engaging with multilateral 

organizations responsible for monitoring and supporting foreign governments’ anti-corruption efforts. 

‘‘(C) ADDITIONAL DUTIES.—In addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law Enforcement 

Affairs shall also— 

‘‘(i) carry out timely and substantive consultation 

with chiefs of mission and, as appropriate, the heads 

of other United States Government agencies to ensure 

effective coordination of all international narcotics and 

law enforcement programs carried out overseas by the 

Department and such other agencies; 

‘‘(ii) coordinate with the Office of National Drug 

Control Policy to ensure lessons learned from other 

United States Government agencies are available to 

the Bureau of International Narcotics and Law 

Enforcement Affairs of the Department; 

‘‘(iii) develop standard requirements for monitoring 

and evaluation of Bureau programs, including metrics 

for success that do not rely solely on the amounts 

of illegal drugs that are produced or seized; 

‘‘(iv) in coordination with the Secretary of State, 

annually certify in writing to the Committee on Foreign 

Relations of the Senate that United States and the 

Committee on Foreign Affairs of the House of Representatives enforcement personnel posted abroad 

whose activities are funded to any extent by the Bureau 

of International Narcotics and Law Enforcement 

Affairs are complying with section 207 of the Foreign 

Service Act of 1980 (22 U.S.C. 3927); and 

‘‘(v) carry out such other relevant duties as the 

Secretary may assign. 

‘‘(D) RULE OF CONSTRUCTION.—Nothing in this paragraph may be construed to limit or impair the authority 

or responsibility of any other Federal agency with respect 

to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.’’. 

(b) MODIFICATION OF ANNUAL INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.—Subsection (a) of section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h) is amended by 

inserting after paragraph (9) the following new paragraph: 

‘‘(10) A separate section that contains an identification 

of all United States Government-supported units funded by 

the Bureau of International Narcotics and Law Enforcement 

Affairs and any Bureau-funded operations by such units in 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2345 

which United States law enforcement personnel have been 

physically present.’’. 

SEC. 5103. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, 

REFUGEES, AND MIGRATION. 

Section 1 of the State Department Basic Authorities Act of 

1956 (22 U.S.C. 2651a) is amended— 

(1) by redesignating subsection (g) as subsection (j); and 

(2) by inserting after subsection (f) the following new subsections: 

‘‘(g) BUREAU OF CONSULAR AFFAIRS.—There is in the Department of State the Bureau of Consular Affairs, which shall be 

headed by the Assistant Secretary of State for Consular Affairs. 

‘‘(h) BUREAU OF POPULATION, REFUGEES, AND MIGRATION.— 

There is in the Department of State the Bureau of Population, 

Refugees, and Migration, which shall be headed by the Assistant 

Secretary of State for Population, Refugees, and Migration.’’. 

SEC. 5104. OFFICE OF INTERNATIONAL DISABILITY RIGHTS. 

(a) ESTABLISHMENT.—There should be established in the 

Department of State an Office of International Disability Rights 

(referred to in this section as the ‘‘Office’’). 

(b) DUTIES.—The Office should— 

(1) seek to ensure that all United States foreign operations 

are accessible to, and inclusive of, persons with disabilities; 

(2) promote the human rights and full participation in 

international development activities of all persons with disabilities; 

(3) promote disability inclusive practices and the training 

of Department of State staff on soliciting quality programs 

that are fully inclusive of people with disabilities; 

(4) represent the United States in diplomatic and multilateral fora on matters relevant to the rights of persons with 

disabilities, and work to raise the profile of disability across 

a broader range of organizations contributing to international 

development efforts; 

(5) conduct regular consultation with civil society organizations working to advance international disability rights and 

empower persons with disabilities internationally; 

(6) consult with other relevant offices at the Department 

that are responsible for drafting annual reports documenting 

progress on human rights, including, wherever applicable, references to instances of discrimination, prejudice, or abuses 

of persons with disabilities; 

(7) advise the Bureau of Human Resources or its equivalent 

within the Department regarding the hiring and recruitment 

and overseas practices of civil service employees and Foreign 

Service officers with disabilities and their family members with 

chronic medical conditions or disabilities; and 

(8) carry out such other relevant duties as the Secretary 

of State may assign. 

(c) SUPERVISION.—The Office may be headed by— 

(1) a senior advisor to the appropriate Assistant Secretary 

of State; or 

(2) an officer exercising significant authority who reports 

to the President or Secretary of State, appointed by and with 

the advice and consent of the Senate. 


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(d) CONSULTATION.—The Secretary of State should direct 

Ambassadors at Large, Representatives, Special Envoys, and 

coordinators working on human rights to consult with the Office 

to promote the human rights and full participation in international 

development activities of all persons with disabilities. 

SEC. 5105. SPECIAL APPOINTMENT AUTHORITY. 

Section 1 of the State Department Basic Authorities Act of 

1956 (22 U.S.C. 2651a), as amended by section 6103 of this Act, 

is further amended by inserting after subsection (h) the following 

new subsection: 

‘‘(i) SPECIAL APPOINTMENTS.— ‘‘(1) POSITIONS EXERCISING SIGNIFICANT AUTHORITY.—The 

President may, by and with the advice and consent of the 

Senate, appoint an individual as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, 

Representative, Coordinator, Special Advisor, or other position 

performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the 

laws of the United States. Except as provided in paragraph 

(3) or in clause 3, section 2, article II of the Constitution 

(relating to recess appointments), an individual may not be 

designated as a Special Envoy, Special Representative, Special 

Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar 

function, regardless of title, at the Department exercising 

significant authority pursuant to the laws of the United States 

without the advice and consent of the Senate. 

‘‘(2) POSITIONS NOT EXERCISING SIGNIFICANT AUTHORITY.— 

The President or Secretary of State may appoint any Special 

Envoy, Special Representative, Special Coordinator, Special 

Negotiator, Special Envoy, Representative, Coordinator, Special 

Advisor, or other position performing a similar function, regardless of title, at the Department of State not exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate, if the President 

or Secretary, not later than 15 days before the appointment 

of a person to such a position, submits to the appropriate 

congressional committees a notification that includes the following: 

‘‘(A) A certification that the position does not require 

the exercise of significant authority pursuant to the laws 

of the United States. 

‘‘(B) A description of the duties and purpose of the 

position. 

‘‘(C) The rationale for giving the specific title and function to the position. 

‘‘(3) LIMITED EXCEPTION FOR TEMPORARY APPOINTMENTS

EXERCISING SIGNIFICANT AUTHORITY.—The President may maintain or establish a position with the title of Special Envoy, 

Special Representative, Special Coordinator, Special Negotiator, 

Envoy, Representative, Coordinator, Special Advisor, or other 

position performing a similar function, regardless of title, at 

the Department of State exercising significant authority pursuant to the laws of the United States for not longer than 180 

days if the Secretary of State, not later than 15 days after 

the appointment of a person to such a position, or 30 days 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2347 

after the date of the enactment of this subsection, whichever 

is earlier, submits to the Committee on Foreign Relations of 

the Senate and the Committee on Foreign Affairs of the House 

of Representatives a notification that includes the following: 

‘‘(A) The necessity for conferring such title and function. 

‘‘(B) The dates during which such title and function 

will be held. 

‘‘(C) The justification for not submitting the proposed 

conferral of such title and function to the Senate as a 

nomination for advice and consent to appointment. 

‘‘(D) All relevant information concerning any potential 

conflict of interest which the proposed recipient of such 

title and function may have with regard to the appointment. 

‘‘(4) RENEWAL OF TEMPORARY APPOINTMENT.—The President 

may renew for one period not to exceed 180 days any position 

maintained or established under paragraph (3) if the President, 

not later than 15 days before issuing such renewal, submits 

to the Committee on Foreign Relations of the Senate and the 

Committee on Foreign Affairs of the House of Representatives 

a detailed justification on the necessity of such extension, 

including the dates with respect to which such title will continue to be held and the justification for not submitting such 

title to the Senate as a nomination for advice and consent. 

‘‘(5) EXEMPTION.—Paragraphs (1) through (4) shall not 

apply to a Special Envoy, Special Representative, Special 

Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person performing a similar 

function, regardless of title, at the Department of State if 

the position is expressly mandated by statute. 

‘‘(6) EFFECTIVE DATE.—This subsection shall apply to 

appointments made on or after January 3, 2023.’’. 

SEC. 5106. REPEAL OF AUTHORITY FOR SPECIAL REPRESENTATIVE 

AND POLICY COORDINATOR FOR BURMA. 

Section 7 of the Tom Lantos Block Burmese Jade (Junta’s 

Anti-Democratic Efforts) Act of 2008 (Public Law 110–286; 50 U.S.C. 

1701 note) relating to the establishment of a Special Representative 

and Policy Coordinator for Burma) is hereby repealed. 

SEC. 5107. ANTI-PIRACY INFORMATION SHARING. 

The Secretary is authorized to provide for the participation 

by the United States in the Information Sharing Centre located 

in Singapore, as established by the Regional Cooperation Agreement 

on Combating Piracy and Armed Robbery against Ships in Asia 

(ReCAAP). 

SEC. 5108. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO 

NATIONAL SECURITY. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the Department is a crucial national security agency, 

whose employees, both Foreign and Civil Service, require the 

best possible training at every stage of their careers to prepare 

them to promote and defend United States national interests 

and the health and safety of United States citizens abroad; 

(2) the Department’s investment of time and resources 

with respect to the training and education of its personnel 

22 USC 263c. 


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is considerably below the level of other Federal departments 

and agencies in the national security field, and falls well below 

the investments many allied and adversarial countries make 

in the development of their diplomats; 

(3) the Department faces increasingly complex and rapidly 

evolving challenges, many of which are science and technologydriven, and which demand the continual, high-quality training 

and education of its personnel; 

(4) the Department must move beyond reliance on ‘‘onthe-job training’’ and other informal mentorship practices, 

which lead to an inequality in skillset development and career 

advancement opportunities, often particularly for minority personnel, and towards a robust professional tradecraft training 

continuum that will provide for greater equality in career 

advancement and increase minority participation in the senior 

ranks; 

(5) the Department’s Foreign Service Institute and other 

training facilities should seek to substantially increase their 

educational and training offerings to Department personnel, 

including developing new and innovative educational and 

training courses, methods, programs, and opportunities; and 

(6) consistent with existing Department gift acceptance 

authority and other applicable laws, the Department and Foreign Service Institute may accept funds and other resources 

from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute 

enhance the quantity and quality of training offerings, especially in the introduction of new, innovative, and pilot model 

courses. 

(b) TRAINING FLOAT.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of State shall develop 

and submit to the appropriate congressional committees a strategy 

to establish a ‘‘training float’’ to allow for up to 15 percent of 

the Civil and Foreign Service to participate in long-term training 

at any given time. The strategy should identify steps necessary 

to ensure the implementation of the training priorities identified 

in subsection (c), sufficient training capacity and opportunities are 

available to Civil and Foreign Service officers, the equitable distribution of long-term training opportunities to Civil and Foreign 

Service officers, and the provision of any additional resources or 

authorities necessary to facilitate such a training float, including 

programs at the George P. Schultz National Foreign Affairs 

Training Center, the Foreign Service Institute, the Foreign Affairs 

Security Training Center, and other facilities or programs operated 

by the Department of State. The strategy shall identify which 

types of training would be prioritized, the extent (if any) to which 

such training is already being provided to Civil and Foreign Service 

officers by the Department of State, any factors incentivizing or 

disincentivizing such training, and why such training cannot be 

achieved without Civil and Foreign Service officers leaving the 

workforce. In addition to training opportunities provided by the 

Department, the strategy shall consider training that could be 

provided by the other United States Government training institutions, as well as nongovernmental educational institutions. The 

strategy shall consider approaches to overcome disincentives to 

pursuing long-term training. 

Deadline. 

Strategy. 


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(c) PRIORITIZATION.—In order to provide the Civil and Foreign 

Service with the level of education and training needed to effectively 

advance United States interests across the globe, the Department 

of State should— 

(1) increase its offerings— 

(A) of virtual instruction to make training more accessible to personnel deployed throughout the world; or 

(B) at partner organizations to provide useful outside 

perspectives to Department personnel; 

(2) offer courses utilizing computer-based or assisted simulations, allowing civilian officers to lead decisionmaking in 

a crisis environment; and 

(3) consider increasing the duration and expanding the 

focus of certain training courses, including— 

(A) the A-100 orientation course for Foreign Service 

officers, and 

(B) the chief of mission course to more accurately 

reflect the significant responsibilities accompanying such 

role. 

(d) OTHER AGENCY RESPONSIBILITIES.—Other national security 

agencies should increase the enrollment of their personnel in 

courses at the Foreign Service Institute and other Department 

of State training facilities to promote a whole-of-government 

approach to mitigating national security challenges. 

SEC. 5109. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE 

OFFICERS. 

The Foreign Service Act of 1980 is amended— 

(1) in section 501 (22 U.S.C. 3981), by inserting ‘‘If a 

position designated under this section is unfilled for more than 

365 calendar days, such position may be filled, as appropriate, 

on a temporary basis, in accordance with section 309.’’ after 

‘‘Positions designated under this section are excepted from the 

competitive service.’’; and 

(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)), 

by inserting ‘‘, or domestically, in a position working on issues 

relating to a particular country or geographic area,’’ after 

‘‘geographic area’’. 

SEC. 5110. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS. 

(a) INITIAL REPORT.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary shall submit to the 

appropriate congressional committees a report that lists all of the 

Government Accountability Office’s recommendations relating to 

the Department that have not been fully implemented. 

(b) IMPLEMENTATION REPORT.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of the submission of the Comptroller General’s report under 

subsection (b), the Secretary shall submit to the appropriate 

congressional committees a report that describes the 

implementation status of each recommendation from the 

Government Accountability Office included in the report submitted under subsection (a). 

(2) JUSTIFICATION.—The report under paragraph (1) shall 

include— 


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(A) a detailed justification for each decision not to 

fully implement a recommendation or to implement a recommendation in a different manner than specified by the 

Government Accountability Office; 

(B) a timeline for the full implementation of any recommendation the Secretary has decided to adopt, but has 

not yet fully implemented; and 

(C) an explanation for any discrepancies included in 

the Comptroller General report submitted under subsection 

(b). 

(c) FORM.—The information required in each report under this 

section shall be submitted in unclassified form, to the maximum 

extent practicable, but may be included in a classified annex to 

the extent necessary. 

SEC. 5111. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN FOR COSTS INCURRED FROM THE ILLEGAL SEIZURE 

AND DETENTION OF U.S.-FLAG FISHING VESSELS BY FOREIGN GOVERNMENTS. 

(a) IN GENERAL.—Subsection (e) of section 7 of the Fishermen’s 

Protective Act of 1967 (22 U.S.C. 1977) is amended to read as 

follows: 

‘‘(e) AMOUNTS.—Payments may be made under this section 

only to such extent and in such amounts as are provided in advance 

in appropriation Acts.’’. 

(b) RETROACTIVE APPLICABILITY.— (1) EFFECTIVE DATE.—The amendment made by subsection 

(a) shall take effect on the date of the enactment of this Act 

and apply as if the date specified in subsection (e) of section 

7 of the Fishermen’s Protective Act of 1967, as in effect on 

the day before the date of the enactment of this Act, were 

the day after such date of enactment. 

(2) AGREEMENTS AND PAYMENTS.—The Secretary is authorized to— 

(A) enter into agreements pursuant to section 7 of 

the Fishermen’s Protective Act of 1967 for any claims to 

which such section would otherwise apply but for the date 

specified in subsection (e) of such section, as in effect 

on the day before the date of the enactment of this Act; 

and 

(B) make payments in accordance with agreements 

entered into pursuant to such section if any such payments 

have not been made as a result of the expiration of the 

date specified in such section, as in effect on the day 

before the date of the enactment of this Act. 

SEC. 5112. ART IN EMBASSIES. 

(a) IN GENERAL.—No funds are authorized to be appropriated 

for the purchase of any piece of art for the purposes of installation 

or display in any embassy, consulate, or other foreign mission 

of the United States if the purchase price of such piece of art 

is in excess of $37,500, unless such purchase is subject to prior 

consultation with, and the regular notification procedures of, the 

appropriate congressional committees. 

(b) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary shall submit to the appropriate 

congressional committees and the Committees on Appropriations 

of the Senate and the House of Representatives a report on the 

Time period. 

Consultation. 

Notification. 

22 USC 1977 

note. 


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costs of the Art in Embassies Program for each of fiscal years 

2016 through 2020. 

(c) SUNSET.—This section shall terminate on the date that 

is 2 years after the date of the enactment of this Act. 

(d) DEFINITION.—In this section, the term ‘‘art’’ includes 

paintings, sculptures, photographs, industrial design, and craft art. 

SEC. 5113. INTERNATIONAL FAIRS AND EXPOSITIONS. 

There is authorized to be appropriated $20,000,000 for the 

Department of State for United States participation in international 

fairs and expositions abroad, including for construction and the 

operation of United States pavilions or other major exhibits. 

SEC. 5114. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS. 

(a) BURMA.— (1) IN GENERAL.—Section 570 of Public Law 104–208 is 

amended— 

(A) by amending subsection (c) to read as follows: 

‘‘(c) MULTILATERAL STRATEGY.—The President shall develop, 

in coordination with likeminded countries, a comprehensive, multilateral strategy to— 

‘‘(1) support democratic governance and inclusive and representative civilian government, including by supporting entities promoting democracy in Burma and denying legitimacy 

and resources to the military junta; 

‘‘(2) support organizations that represent the democratic 

aspirations of the people of Burma in the struggle against 

the military junta; 

‘‘(3) impose costs on the military junta; 

‘‘(4) secure the unconditional release of all political prisoners in Burma; 

‘‘(5) promote genuine national reconciliation among 

Burma’s diverse ethnic and religious groups; 

‘‘(6) provide humanitarian assistance to internally displaced 

persons in Burma, particularly in areas targeted by the military 

junta, and in neighboring countries for refugees from Burma; 

‘‘(7) pursue accountability for atrocities, human rights violations, and crimes against humanity committed by the military 

junta or the Tatmadaw; and 

‘‘(8) counter corrosive malign influence of the People’s 

Republic of China and the Russian Federation in Burma.’’; 

and 

(B) in subsection (d)— 

(i) in the matter preceding paragraph (1), by 

striking ‘‘six months’’ and inserting ‘‘year’’; and 

(ii) by striking paragraphs (1) through (3) and 

inserting the following new paragraphs: 

‘‘(1) progress towards inclusive, democratic governance in 

Burma; 

‘‘(2) improvements in human rights practices and accountability for atrocities, human rights violations, and crimes 

against humanity committed by the Tatmadaw, or military 

junta of Burma; 

‘‘(3) progress toward broad-based and inclusive economic 

growth; 

‘‘(4) progress toward genuine national reconciliation; 

‘‘(5) steps taken to impose costs on the military junta; 

President. 

Coordination. 

50 USC 1701 

note. 


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‘‘(6) progress made in advancing the strategy referred to 

in subsection (c); and 

‘‘(7) actions by the People’s Republic of China or the Russian Federation that undermine the sovereignty, stability, or 

unity of Burma.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect on the date of the enactment of this Act 

and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 that is required 

after the date of the enactment of this Act. 

(b) REPEALS.—The following provisions of law are hereby 

repealed: 

(1) Subsection (b) of section 804 of Public Law 101–246. 

(2) Section 6 of Public Law 104–45. 

(3) Subsection (c) of section 702 of Public Law 96–465 

(22 U.S.C. 4022). 

(4) Section 404 of the Arms Control and Disarmament 

Act (22 U.S.C. 2593b). 

(5) Section 5 of Public Law 94–304 (22 U.S.C. 3005). 

(6) Subsection (b) of section 502 of the International Security and Development Cooperation Act of 1985 (22 U.S.C. 

2349aa–7). 

(c) REPORT TO CONGRESS.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of State and 

the Administrator of the United States Agency for International 

Development shall submit to the appropriate congressional committees a report that includes each of the following: 

(1) A list of all reports described in subsection (d) required 

to be submitted by their respective agency. 

(2) For each such report, a citation to the provision of 

law under which the report is required to be submitted. 

(3) The reporting frequency of each such report. 

(4) The estimated cost of each report, to include personnel 

time costs. 

(d) COVERED REPORTS.—A report described in this subsection 

is a recurring report that is required to be submitted to Congress 

by the Department of State or the United States Agency for International Development, or by any officer, official, component, or 

element of each entity. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and 

the Committees on Appropriations of the Senate and the House 

of Representatives. 

TITLE LII—EMBASSY CONSTRUCTION 

Sec. 5201. Embassy security, construction, and maintenance. 

Sec. 5202. Standard design in capital construction. 

Sec. 5203. Capital construction transparency. 

Sec. 5204. Contractor performance information. 

Sec. 5205. Growth projections for new embassies and consulates. 

Sec. 5206. Long-range planning process. 

Sec. 5207. Value engineering and risk assessment. 

Sec. 5208. Business volume. 

Sec. 5209. Embassy security requests and deficiencies. 

Sec. 5210. Overseas security briefings. 

Sec. 5211. Contracting methods in capital construction. 

Cost estimate. 

List. 

Applicability. 

50 USC 1701 

note. 


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Sec. 5212. Competition in embassy construction. 

Sec. 5213. Statement of policy. 

Sec. 5214. Definitions. 

SEC. 5201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE. 

For ‘‘Embassy Security, Construction, and Maintenance’’, there is authorized to be appropriated $1,983,149,000 for fiscal year 2022. 

SEC. 5202. STANDARD DESIGN IN CAPITAL CONSTRUCTION. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Department’s Bureau of Overseas Building Operations (OBO) 

or successor office should give appropriate consideration to 

standardization in construction, in which each new United States 

embassy and consulate starts with a standard design and keeps 

customization to a minimum. 

(b) CONSULTATION.—The Secretary shall carry out any new 

United States embassy compound or new consulate compound 

project that utilizes a non-standard design, including those projects 

that are in the design or pre-design phase as of the date of the 

enactment of this Act, only in consultation with the appropriate 

congressional committees and the Committees on Appropriations 

of the Senate and the House of Representatives. The Secretary 

shall provide the appropriate congressional committees and the 

Committees on Appropriations of the Senate and the House of 

Representatives, for each such project, the following documentation: 

(1) A comparison of the estimated full lifecycle costs of 

the project to the estimated full lifecycle costs of such project 

if it were to use a standard design. 

(2) A comparison of the estimated completion date of such 

project to the estimated completion date of such project if 

it were to use a standard design. 

(3) A comparison of the security of the completed project 

to the security of such completed project if it were to use 

a standard design. 

(4) A justification for the Secretary’s selection of a nonstandard design over a standard design for such project. 

(5) A written explanation if any of the documentation necessary to support the comparisons and justification, as the 

case may be, described in paragraphs (1) through (4) cannot 

be provided. 

(c) SUNSET.—The consultation requirement under subsection 

(b) shall expire on the date that is 4 years after the date of 

the enactment of this Act. 

SEC. 5203. CAPITAL CONSTRUCTION TRANSPARENCY. 

(a) IN GENERAL.—Section 118 of the Department of State 

Authorities Act, Fiscal Year 2017 (22 U.S.C. 304) is amended— 

(1) in the section heading , by striking ‘‘ANNUAL REPORT

ON EMBASSY CONSTRUCTION COSTS’’ and inserting ‘‘BIANNUAL

REPORT ON OVERSEAS CAPITAL CONSTRUCTION PROJECTS’’; 

and 

(2) by striking subsections (a) and (b) and inserting the 

following new subsections: 

‘‘(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this subsection and every 180 days thereafter 

until the date that is 4 years after such date of enactment, the 

Secretary shall submit to the appropriate congressional committees 

and the Committees on Appropriations of the Senate and the House 

of Representatives a comprehensive report regarding all ongoing 

Reports. 

Time period. 

Estimate. 

Cost estimate. 


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135 STAT. 2354 PUBLIC LAW 117–81—DEC. 27, 2021 

overseas capital construction projects and major embassy security 

upgrade projects. 

‘‘(b) CONTENTS.—Each report required under subsection (a) 

shall include the following with respect to each ongoing overseas 

capital construction project and major embassy security upgrade 

project: 

‘‘(1) The initial cost estimate as specified in the proposed 

allocation of capital construction and maintenance funds 

required by the Committees on Appropriations for Acts making 

appropriations for the Department of State, foreign operations, 

and related programs. 

‘‘(2) The current cost estimate. 

‘‘(3) The value of each request for equitable adjustment 

received by the Department to date. 

‘‘(4) The value of each certified claim received by the 

Department to date. 

‘‘(5) The value of any usage of the project’s contingency 

fund to date and the value of the remainder of the project’s 

contingency fund. 

‘‘(6) An enumerated list of each request for adjustment 

and certified claim that remains outstanding or unresolved. 

‘‘(7) An enumerated list of each request for equitable adjustment and certified claim that has been fully adjudicated or 

that the Department has settled, and the final dollar amount 

of each adjudication or settlement. 

‘‘(8) The date of estimated completion specified in the proposed allocation of capital construction and maintenance funds 

required by the Committees on Appropriations not later than 

45 days after the date of the enactment of an Act making 

appropriations for the Department of State, foreign operations, 

and related programs. 

‘‘(9) The current date of estimated completion.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Department of State Authorities Act, Fiscal Year 2017 

(Public Law 114–323; 130 Stat. 1905) is amended by amending 

the item relating to section 118 to read as follows: 

‘‘Sec. 118. Biannual report on overseas capital construction projects.’’. 

SEC. 5204. CONTRACTOR PERFORMANCE INFORMATION. 

(a) DEADLINE FOR COMPLETION.—The Secretary shall complete 

all contractor performance evaluations outstanding as of the date 

of the enactment of this Act required by subpart 42.15 of the 

Federal Acquisition Regulation for those contractors engaged in 

construction of new embassy or new consulate compounds by April 

1, 2022. 

(b) PRIORITIZATION SYSTEM.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary shall develop a 

prioritization system for clearing the current backlog of required 

evaluations referred to in subsection (a). 

(2) ELEMENTS.—The system required under paragraph (1) 

should prioritize the evaluations as follows: 

(A) Project completion evaluations should be prioritized 

over annual evaluations. 

(B) Evaluations for relatively large contracts should 

have priority. 

Deadline. 

Evaluations. 

Estimate. 

Estimate. 

Deadline. 

List. 

Cost estimate. 

Cost estimate. 


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(C) Evaluations that would be particularly informative 

for the awarding of government contracts should have priority. 

(c) BRIEFING.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the Department’s plan for completing all evaluations by April 1, 2022, in accordance with subsection (a) and the prioritization system developed pursuant to 

subsection (b). 

(d) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) contractors deciding whether to bid on Department 

contracts would benefit from greater understanding of the 

Department as a client; and 

(2) the Department should develop a forum where contractors can comment on the Department’s project management 

performance. 

SEC. 5205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES. 

(a) IN GENERAL.—For each new United States embassy compound (NEC) and new consulate compound project (NCC) in or 

not yet in the design phase as of the date of the enactment of 

this Act, the Department shall project growth over the estimated 

life of the facility using all available and relevant data, including 

the following: 

(1) Relevant historical trends for Department personnel 

and personnel from other agencies represented at the NEC 

or NCC that is to be constructed. 

(2) An analysis of the tradeoffs between risk and the needs 

of United States Government policy conducted as part of the 

most recent Vital Presence Validation Process, if applicable. 

(3) Reasonable assumptions about the strategic importance 

of the NEC or NCC, as the case may be, over the life of 

the building at issue. 

(4) Any other data that would be helpful in projecting 

the future growth of NEC or NCC. 

(b) OTHER FEDERAL AGENCIES.—The head of each Federal 

agency represented at a United States embassy or consulate shall 

provide to the Secretary, upon request, growth projections for the 

personnel of each such agency over the estimated life of each 

embassy or consulate, as the case may be. 

(c) BASIS FOR ESTIMATES.—The Department shall base its 

growth assumption for all NECs and NCCs on the estimates 

required under subsections (a) and (b). 

(d) CONGRESSIONAL NOTIFICATION.—Any congressional notification of site selection for a NEC or NCC submitted after the date 

of the enactment of this Act shall include the growth assumption 

used pursuant to subsection (c). 

SEC. 5206. LONG-RANGE PLANNING PROCESS. 

(a) PLANS REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, and annually thereafter for the 

next five years as the Secretary of State considers appropriate, 

the Secretary shall develop— 

Deadline. 

22 USC 305. 

Deadline. 


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135 STAT. 2356 PUBLIC LAW 117–81—DEC. 27, 2021 

(A) a comprehensive 6-year plan documenting the 

Department’s overseas building program for the replacement of overseas diplomatic posts taking into account security factors under the Secure Embassy Construction and 

Counterterrorism Act of 1999 and other relevant statutes 

and regulations, as well as occupational safety and health 

factors pursuant to the Occupational Safety and Health 

Act of 1970 and other relevant statutes and regulations, 

including environmental factors such as indoor air quality 

that impact employee health and safety; and 

(B) a comprehensive 6-year plan detailing the Department’s long-term planning for the maintenance and 

sustainment of completed diplomatic posts, which takes 

into account security factors under the Secure Embassy 

Construction and Counterterrorism Act of 1999 and other 

relevant statutes and regulations, as well as occupational 

safety and health factors pursuant to the Occupational 

Safety and Health Act of 1970 and other relevant statutes 

and regulations, including environmental factors such as 

indoor air quality that impact employee health and safety. 

(2) INITIAL REPORT.—The first plan developed pursuant 

to paragraph (1)(A) shall also include a one-time status report 

on existing small diplomatic posts and a strategy for establishing a physical diplomatic presence in countries in which 

there is no current physical diplomatic presence and with which 

the United States maintains diplomatic relations. Such report, 

which may include a classified annex, shall include the following: 

(A) A description of the extent to which each small 

diplomatic post furthers the national interest of the United 

States. 

(B) A description of how each small diplomatic post 

provides American Citizen Services, including data on specific services provided and the number of Americans 

receiving services over the previous year. 

(C) A description of whether each small diplomatic 

post meets current security requirements. 

(D) A description of the full financial cost of 

maintaining each small diplomatic post. 

(E) Input from the relevant chiefs of mission on any 

unique operational or policy value the small diplomatic 

post provides. 

(F) A recommendation of whether any small diplomatic 

posts should be closed. 

(3) UPDATED INFORMATION.—The annual updates of each 

of the plans developed pursuant to paragraph (1) shall highlight 

any changes from the previous year’s plan to the ordering 

of construction and maintenance projects. 

(b) REPORTING REQUIREMENTS.— 

(1) SUBMISSION OF PLANS TO CONGRESS.—Not later than 

60 days after the completion of each plan required under subsection (a), the Secretary shall submit the plans to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives. 

(2) REFERENCE IN BUDGET JUSTIFICATION MATERIALS.—In 

the budget justification materials submitted to the appropriate 

congressional committees in support of the Department’s budget 

Deadline. 

Recommendations. 


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for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), 

the plans required under subsection (a) shall be referenced 

to justify funding requested for building and maintenance 

projects overseas. 

(3) FORM OF REPORT.—Each report required under paragraph (1) shall be submitted in unclassified form but may 

include a classified annex. 

(c) SMALL DIPLOMATIC POST DEFINED.—In this section, the term 

‘‘small diplomatic post’’ means any United States embassy or consulate that has employed five or fewer United States Government 

employees or contractors on average over the 36 months prior 

to the date of the enactment of this Act. 

SEC. 5207. VALUE ENGINEERING AND RISK ASSESSMENT. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Federal departments and agencies are required to use 

value engineering (VE) as a management tool, where appropriate, to reduce program and acquisition costs pursuant to 

OMB Circular A–131, Value Engineering, dated December 31, 

2013. 

(2) OBO has a Policy Directive and Standard Operation 

Procedure, dated May 24, 2017, on conducting risk management 

studies on all international construction projects. 

(b) NOTIFICATION REQUIREMENTS.— 

(1) SUBMISSION TO AUTHORIZING COMMITTEES.—Any 

notification that includes the allocation of capital construction 

and maintenance funds shall be submitted to the appropriate 

congressional committees. 

(2) REQUIREMENT TO CONFIRM COMPLETION OF VALUE

ENGINEERING AND RISK ASSESSMENT STUDIES.—The notifications 

required under paragraph (1) shall include confirmation that 

the Department has completed the requisite VE and risk 

management process described in subsection (a), or applicable 

successor process. 

(c) REPORTING AND BRIEFING REQUIREMENTS.—The Secretary 

shall provide to the appropriate congressional committees upon 

request— 

(1) a description of each risk management study referred 

to in subsection (a)(2) and a table detailing which recommendations related to each such study were accepted and which 

were rejected; and 

(2) a report or briefing detailing the rationale for not implementing any such recommendations that may otherwise yield 

significant cost savings to the Department if implemented. 

SEC. 5208. BUSINESS VOLUME. 

Section 402(c)(2)(E) of the Omnibus Diplomatic Security and 

Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended 

by striking ‘‘in 3 years’’ and inserting ‘‘cumulatively over 3 years’’. 

SEC. 5209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES. 

The Secretary of State shall provide to the appropriate congressional committees, the Committee on Armed Services of the House 

of Representatives, and the Committee on Armed Services of the 

Senate upon request information on physical security deficiencies 

at United States diplomatic posts, including relating to the following: 

22 USC 4851 

note. 

22 USC 292 note. 


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135 STAT. 2358 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) Requests made over the previous year by United States 

diplomatic posts for security upgrades. 

(2) Significant security deficiencies at United States diplomatic posts that are not operating out of a new embassy compound or new consulate compound. 

SEC. 5210. OVERSEAS SECURITY BRIEFINGS. 

Not later than one year after the date of the enactment of 

this Act, the Secretary of State shall revise the Foreign Affairs 

Manual to stipulate that information on the current threat environment shall be provided to all United States Government employees 

under chief of mission authority traveling to a foreign country 

on official business. To the extent practicable, such material shall 

be provided to such employees prior to their arrival at a United 

States diplomatic post or as soon as possible thereafter. 

SEC. 5211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION. 

(a) DELIVERY.—Unless the Secretary of State notifies the appropriate congressional committees that the use of the design-build 

project delivery method would not be appropriate, the Secretary 

shall make use of such method at United States diplomatic posts 

that have not yet received design or capital construction contracts 

as of the date of the enactment of this Act. 

(b) NOTIFICATION.—Before executing a contract for a delivery 

method other than design-build in accordance with subsection (a), 

the Secretary of State shall notify the appropriate congressional 

committees in writing of the decision, including the reasons therefor. 

The notification required by this subsection may be included in 

any other report regarding a new United States diplomatic post 

that is required to be submitted to the appropriate congressional 

committees. 

(c) PERFORMANCE EVALUATION.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of State shall 

report to the appropriate congressional committees regarding 

performance evaluation measures in accordance with GAO’s ‘‘Standards for Internal Control in the Federal Government’’ that will 

be applicable to design and construction, lifecycle cost, and building 

maintenance programs of the Bureau of Overseas Building Operations of the Department. 

SEC. 5212. COMPETITION IN EMBASSY CONSTRUCTION. 

Not later than 45 days after the date of the enactment of 

this Act, the Secretary of State shall submit to the appropriate 

congressional committee and the Committees on Appropriations 

of the Senate and the House of Representatives a report detailing 

steps the Department of State is taking to expand the embassy 

construction contractor base in order to increase competition and 

maximize value. 

SEC. 5213. STATEMENT OF POLICY. 

It is the policy of the United States that the Bureau of Overseas 

Building Operations of the Department or its successor office shall 

continue to balance functionality and security with accessibility, 

as defined by guidelines established by the United States Access 

Board in constructing embassies and consulates, and shall ensure 

compliance with the Architectural Barriers Act of 1968 (42 U.S.C. 

4151 et seq.) to the fullest extent possible. 

22 USC 292 note. 

Reports. 

Reports. 

Notification. 

22 USC 306. 

Deadline. 

22 USC 4802 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2359 

SEC. 5214. DEFINITIONS. 

In this title: 

(1) DESIGN-BUILD.—The term ‘‘design-build’’ means a 

method of project delivery in which one entity works under 

a single contract with the Department to provide design and 

construction services. 

(2) NON-STANDARD DESIGN.—The term ‘‘non-standard 

design’’ means a design for a new embassy compound project 

or new consulate compound project that does not utilize a 

standardized design for the structural, spatial, or security 

requirements of such embassy compound or consulate compound, as the case may be. 

TITLE LIII—PERSONNEL ISSUES 

Sec. 5301. Defense Base Act insurance waivers. 

Sec. 5302. Study on Foreign Service allowances. 

Sec. 5303. Science and technology fellowships. 

Sec. 5304. Travel for separated families. 

Sec. 5305. Home leave travel for separated families. 

Sec. 5306. Sense of Congress regarding certain fellowship programs. 

Sec. 5307. Technical correction. 

Sec. 5308. Foreign Service awards. 

Sec. 5309. Workforce actions. 

Sec. 5310. Sense of Congress regarding veterans employment at the Department of 

State. 

Sec. 5311. Employee assignment restrictions and preclusions. 

Sec. 5312. Recall and reemployment of career members. 

Sec. 5313. Strategic staffing plan for the Department of State. 

Sec. 5314. Consulting services. 

Sec. 5315. Incentives for critical posts. 

Sec. 5316. Extension of authority for certain accountability review boards. 

Sec. 5317. Foreign Service suspension without pay. 

Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes. 

Sec. 5319. Waiver authority for individual occupational requirements of certain positions. 

Sec. 5320. Appointment of employees to the Global Engagement Center. 

Sec. 5321. Competitive status for certain employees hired by Inspectors General to 

support the lead IG mission. 

Sec. 5322. Report relating to Foreign Service Officer training and development. 

Sec. 5323. Cooperation with Office of the Inspector General. 

Sec. 5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education 

Act. 

Sec. 5325. Implementation of gap memorandum in selection board process. 

SEC. 5301. DEFENSE BASE ACT INSURANCE WAIVERS. 

(a) APPLICATION FOR WAIVERS.—Not later than 30 days after 

the date of the enactment of this Act, the Secretary shall apply 

to the Department of Labor for a waiver from insurance requirements under the Defense Base Act (42 U.S.C. 1651 et seq.) for 

all countries with respect to which the requirement was waived 

prior to January 2017, and for which there is not currently a 

waiver. 

(b) CERTIFICATION REQUIREMENT.—Not later than 45 days after 

the date of the enactment of this Act, the Secretary shall certify 

to the appropriate congressional committees that the requirement 

in subsection (a) has been met. 

SEC. 5302. STUDY ON FOREIGN SERVICE ALLOWANCES. 

(a) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than one year after date of 

the enactment of this Act, the Secretary shall submit to the 

Analysis. 

Deadlines. 

22 USC 306 note. 


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135 STAT. 2360 PUBLIC LAW 117–81—DEC. 27, 2021 

appropriate congressional committees a report detailing an 

empirical analysis on the effect of overseas allowances on the 

foreign assignment of Foreign Service officers (FSOs), to be 

conducted by a federally-funded research and development 

center with appropriate expertise in labor economics and military compensation. 

(2) CONTENTS.—The analysis required under paragraph (1) 

shall— 

(A) identify all allowances paid to FSOs assigned 

permanently or on temporary duty to foreign areas; 

(B) examine the efficiency of the Foreign Service bidding system in determining foreign assignments; 

(C) examine the factors that incentivize FSOs to bid 

on particular assignments, including danger levels and 

hardship conditions; 

(D) examine the Department’s strategy and process 

for incentivizing FSOs to bid on assignments that are 

historically in lower demand, including with monetary compensation, and whether monetary compensation is necessary for assignments in higher demand; 

(E) make any relevant comparisons to military compensation and allowances, noting which allowances are 

shared or based on the same regulations; 

(F) recommend options for restructuring allowances 

to improve the efficiency of the assignments system and 

better align FSO incentives with the needs of the Foreign 

Service, including any cost savings associated with such 

restructuring; 

(G) recommend any statutory changes necessary to 

implement subparagraph (F), such as consolidating existing 

legal authorities for the provision of hardship and danger 

pay; and 

(H) detail any effects of recommendations made pursuant to subparagraphs (F) and (G) on other United States 

Government departments and agencies with civilian 

employees permanently assigned or on temporary duty in 

foreign areas, following consultation with such departments 

and agencies. 

(b) BRIEFING REQUIREMENT.—Before initiating the analysis 

required under subsection (a)(1), and not later than 60 days after 

the date of the enactment of this Act, the Secretary shall provide 

to the appropriate congressional committees a briefing on the 

implementation of this section that includes the following: 

(1) The name of the federally funded research and development center that will conduct such analysis. 

(2) The scope of such analysis and terms of reference for 

such analysis as specified between the Department and such 

federally funded research and development center. 

(c) AVAILABILITY OF INFORMATION.— 

(1) IN GENERAL.—The Secretary shall make available to 

the federally-funded research and development center carrying 

out the analysis required under subsection (a)(1) all necessary 

and relevant information to allow such center to conduct such 

analysis in a quantitative and analytical manner, including 

historical data on the number of bids for each foreign assignment and any survey data collected by the Department from 

eligible bidders on their bid decision-making. 

Data. 

Deadline. 

Consultation. 

Recommendations. 

Recommendations. 

Examination. 

Examination. 

Examination. 

Determination. 


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(2) COOPERATION.—The Secretary shall work with the 

heads of other relevant United States Government departments 

and agencies to ensure such departments and agencies provide 

all necessary and relevant information to the federally-funded 

research and development center carrying out the analysis 

required under subsection (a)(1). 

(d) INTERIM REPORT TO CONGRESS.—The Secretary shall require 

that the chief executive officer of the federally-funded research 

and development center that carries out the analysis required under 

subsection (a)(1) submit to the Committee on Foreign Relations 

of the Senate and the Committee on Foreign Affairs of the House 

of Representatives an interim report on such analysis not later 

than 180 days after the date of the enactment of this Act. 

SEC. 5303. SCIENCE AND TECHNOLOGY FELLOWSHIPS. 

Section 504 of the Foreign Relations Authorization Act, Fiscal 

Year 1979 (22 U.S.C. 2656d) is amended by adding at the end 

the following new subsection: 

‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS RELATED TO

SCIENCE AND TECHNOLOGY FELLOWSHIP PROGRAMS.— 

‘‘(1) IN GENERAL.—The Secretary is authorized to make 

grants or enter into cooperative agreements related to Department of State science and technology fellowship programs, 

including for assistance in recruiting fellows and the payment 

of stipends, travel, and other appropriate expenses to fellows. 

‘‘(2) EXCLUSION FROM CONSIDERATION AS COMPENSATION.— 

Stipends under paragraph (1) shall not be considered compensation for purposes of section 209 of title 18, United States 

Code. 

‘‘(3) MAXIMUM ANNUAL AMOUNT.—The total amount of 

grants made pursuant to this subsection may not exceed 

$500,000 in any fiscal year.’’. 

SEC. 5304. TRAVEL FOR SEPARATED FAMILIES. 

Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C. 

4081(15)) is amended— 

(1) in the matter preceding subparagraph (A), by striking 

‘‘1 round-trip per year for each child below age 21 of a member 

of the Service assigned abroad’’ and inserting ‘‘in the case 

of one or more children below age 21 of a member of the 

Service assigned abroad, 1 round-trip per year’’; 

(2) in subparagraph (A)— 

(A) by inserting ‘‘for each child’’ before ‘‘to visit the 

member abroad’’; and 

(B) by striking ‘‘; or’’ and inserting a comma; 

(3) in subparagraph (B)— 

(A) by inserting ‘‘for each child’’ before ‘‘to visit the 

other parent’’; and 

(B) by inserting ‘‘or’’ after ‘‘resides,’’; 

(4) by inserting after subparagraph (B) the following new 

subparagraph: 

‘‘(C) for one of the child’s parents to visit the child 

or children abroad if the child or children do not regularly 

reside with that parent and that parent is not receiving 

an education allowance or educational travel allowance 

for the child or children under section 5924(4) of title 

5, United States Code,’’; and 

Contracts. 

Requirement. 


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(5) in the matter following subparagraph (C), as added 

by paragraph (4) of this section, by striking ‘‘a payment’’ and 

inserting ‘‘the cost of round-trip travel’’. 

SEC. 5305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES. 

Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C. 

4083(b)) is amended by adding at the end the following new sentence: ‘‘In cases in which a member of the Service has official 

orders to an unaccompanied post and in which the family members 

of the member reside apart from the member at authorized locations 

outside the United States, the member may take the leave ordered 

under this section where that member’s family members reside, 

notwithstanding section 10305 of title 5, United States Code.’’. 

SEC. 5306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP 

PROGRAMS. 

It is the sense of Congress that Department fellowships that 

promote the employment of candidates belonging to under-represented groups, including the Charles B. Rangel International 

Affairs Graduate Fellowship Program, the Thomas R. Pickering 

Foreign Affairs Fellowship Program, and the Donald M. Payne 

International Development Fellowship Program, represent smart 

investments vital for building a strong, capable, and representative 

national security workforce. 

SEC. 5307. TECHNICAL CORRECTION. 

Subparagraph (A) of section 601(c)(6) of the Foreign Service 

Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter preceding clause (i), by— 

(1) striking ‘‘promotion’’ and inserting ‘‘promotion, on or 

after January 1, 2017,’’; and 

(2) striking ‘‘individual joining the Service on or after 

January 1, 2017,’’ and inserting ‘‘Foreign Service officer, 

appointed under section 302(a)(1), who has general responsibility for carrying out the functions of the Service’’. 

SEC. 5308. FOREIGN SERVICE AWARDS. 

(a) IN GENERAL.—Section 614 of the Foreign Service Act of 

1980 (22 U.S.C. 4013) is amended— 

(1) by amending the section heading to read as follows: 

‘‘DEPARTMENT AWARDS’’; and 

(2) in the first sentence, by inserting ‘‘or Civil Service’’ 

after ‘‘the Service’’. 

(b) CONFORMING AMENDMENT.—The item relating to section 

614 in the table of contents of the Foreign Service Act of 1980 

is amended to read as follows: 

‘‘Sec. 614. Department awards.’’. 

SEC. 5309. WORKFORCE ACTIONS. 

(a) SENSE OF CONGRESS ON WORKFORCE RECRUITMENT.—It is 

the sense of Congress that the Secretary should continue to hold 

entry-level classes for Foreign Service officers and specialists and 

continue to recruit civil servants through programs such as the 

Presidential Management Fellows Program and Pathways Internship Programs in a manner and at a frequency consistent with 

prior years and consistent with the need to maintain a pool of 

experienced personnel effectively distributed across skill codes and 

ranks. It is further the sense of Congress that absent continuous 


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recruitment and training of Foreign Service officers and civil servants, the Department will lack experienced, qualified personnel 

in the short, medium, and long terms. 

(b) LIMITATION.—The Secretary should not implement any 

reduction-in-force action under section 3502 or 3595 of title 5, 

United States Code, or for any incentive payments for early separation or retirement under any other provision of law unless— 

(1) the appropriate congressional committees are notified 

not less than 15 days in advance of such obligation or expenditure; and 

(2) the Secretary has provided to the appropriate congressional committees a detailed report that describes the Department’s strategic staffing goals, including— 

(A) a justification that describes how any proposed 

workforce reduction enhances the effectiveness of the 

Department; 

(B) a certification that such workforce reduction is 

in the national interest of the United States; 

(C) a comprehensive strategic staffing plan for the 

Department, including 5-year workforce forecasting and 

a description of the anticipated impact of any proposed 

workforce reduction; and 

(D) a dataset displaying comprehensive workforce data 

for all current and planned employees of the Department, 

disaggregated by— 

(i) Foreign Service officer and Foreign Service specialist rank; 

(ii) civil service job skill code, grade level, and 

bureau of assignment; 

(iii) contracted employees, including the equivalent 

job skill code and bureau of assignment; and 

(iv) employees hired under schedule C of subpart 

C of part 213 of title 5, Code of Federal Regulations, 

including their equivalent grade and job skill code 

and bureau of assignment. 

SEC. 5310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT 

AT THE DEPARTMENT OF STATE. 

It is the sense of Congress that— 

(1) the Department should continue to promote the employment of veterans, in accordance with section 301 of the Foreign 

Service Act of 1980 (22 U.S.C. 3941), as amended by section 

10406 of this Act, including those veterans belonging to 

traditionally underrepresented groups at the Department; 

(2) veterans employed by the Department have made 

significant contributions to United States foreign policy in a 

variety of regional and global affairs bureaus and diplomatic 

posts overseas; and 

(3) the Department should continue to encourage veteran 

employment and facilitate their participation in the workforce. 

SEC. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND 

PRECLUSIONS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Department should expand the appeal process it makes available to employees related to assignment preclusions and restrictions. 


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(b) APPEAL OF ASSIGNMENT RESTRICTION OR PRECLUSION.—Subsection (a) of section 414 of the Department of State Authorities 

Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is amended by adding 

at the end the following new sentences: ‘‘Such right and process 

shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided 

by the Department regarding denial or revocation of a security 

clearance. Any such appeal shall be resolved not later than 60 

days after such appeal is filed.’’. 

(c) NOTICE AND CERTIFICATION.—Not later than 90 days after 

the date of the enactment of this Act, the Secretary shall revise, 

and certify to the appropriate congressional committees regarding 

such revision, the Foreign Affairs Manual guidance regarding denial 

or revocation of a security clearance to expressly state that all 

review and appeal rights relating thereto shall also apply to any 

recommendation or decision to impose an assignment restriction 

or preclusion to an employee. 

(d) ANNUAL REPORT.—Not later than 90 days after the date 

of the enactment of this Act, and annually thereafter, the Secretary 

of State shall submit to the Committee on Foreign Affairs and 

the Committee on Appropriations of the House of Representatives 

and the Committee on Foreign Relations and the Committee on 

Appropriations of the Senate a report that contains the following: 

(1) A rationale for the use of assignment restrictions by 

the Department of State, including specific case studies related 

to cleared United States Foreign Service and civil service 

employees of the Department that demonstrate country-specific 

restrictions serve a counterintelligence role beyond that which 

is already covered by the security clearance process. 

(2) The number of such Department employees subject 

to assignment restrictions over the previous year, with data 

disaggregated by— 

(A) identification as a Foreign Service officer, civil 

service employee, eligible family member, or other employment status; 

(B) the ethnicity, national origin, and race of the precluded employee; 

(C) gender; and 

(D) the country of restriction. 

(3) A description of the considerations and criteria used 

by the Bureau of Diplomatic Security to determine whether 

an assignment restriction is warranted. 

(4) The number of restrictions that were appealed and 

the success rate of such appeals. 

(5) The impact of assignment restrictions in terms of 

unused language skills as measured by Foreign Service 

Institute language scores of such precluded employees. 

(6) Measures taken to ensure the diversity of adjudicators 

and contracted investigators, with accompanying data on 

results. 

SEC. 5312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) career Department employees provide invaluable service 

to the United States as nonpartisan professionals who contribute subject matter expertise and professional skills to the 

22 USC 2734e. 

Deadline. 

Applicability. 

22 USC 2734c 

note. 

Deadline. 


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successful development and execution of United States foreign 

policy; and 

(2) reemployment of skilled former members of the Foreign 

and civil service who have voluntarily separated from the Foreign or civil service due to family reasons or to obtain professional skills outside government is of benefit to the Department. 

(b) NOTICE OF EMPLOYMENT OPPORTUNITIES.—Title 5, United 

States Code, is amended by inserting after chapter 102 the following 

new chapter: 

‘‘CHAPTER 103—DEPARTMENT OF STATE 

‘‘Sec. 

‘‘10301. Notice of employment opportunities for Department of State and USAID positions. 

‘‘10302. Consulting services for the Department of State. 

‘‘§ 10301. Notice of employment opportunities for Department 

of State and USAID positions 

‘‘To ensure that individuals who have separated from the 

Department of State or the United States Agency for International 

Development and who are eligible for reappointment are aware 

of such opportunities, the Department of State and the United 

States Agency for International Development shall publicize notice 

of all employment opportunities, including positions for which the 

relevant agency is accepting applications from individuals within 

the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit 

promotion procedures, the notice shall expressly state that former 

employees eligible for reinstatement may apply.’’. 

(c) CLERICAL AMENDMENT.—The table of chapters at the beginning of title 5, United States Code, is amended by inserting after 

the item relating to chapter 102 the following: 

‘‘103. Department of State ................................................................................10301.’’. 

SEC. 5313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF 

STATE. 

(a) IN GENERAL.—Not later than 18 months after the date 

of the enactment of this Act, the Secretary shall submit to the 

appropriate congressional committees and the Committees on 

Appropriations of the Senate and the House of Representatives 

a comprehensive 5-year strategic staffing plan for the Department 

that is aligned with and furthers the objectives of the National 

Security Strategy of the United States of America issued in 

December 2017, or any subsequent strategy issued not later than 

18 months after the date of the enactment of this Act, which 

shall include the following: 

(1) A dataset displaying comprehensive workforce data, 

including all shortages in bureaus described in GAO report 

GAO–19–220, for all current and planned employees of the 

Department, disaggregated by— 

(A) Foreign Service officer and Foreign Service specialist rank; 

(B) civil service job skill code, grade level, and bureau 

of assignment; 

(C) contracted employees, including the equivalent job 

skill code and bureau of assignment; 

Data. 

Deadline. 

Time period. 

Recommendations. 

22 USC 2734f. 

5 USC 2101 prec. 

5 USC 10301. 

5 USC 10301 

prec. 


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(D) employees hired under schedule C of subpart C 

of part 213 of title 5, Code of Federal Regulations, including 

the equivalent grade and job skill code and bureau of 

assignment of such employee; and 

(E) overseas region. 

(2) Recommendations on the number of Foreign Service 

officers disaggregated by service cone that should be posted 

at each United States diplomatic post and in the District of 

Columbia, with a detailed basis for such recommendations. 

(3) Recommendations on the number of civil service officers 

that should be employed by the Department, with a detailed 

basis for such recommendations. 

(b) MAINTENANCE.—The dataset required under subsection 

(a)(1) shall be maintained and updated on a regular basis. 

(c) CONSULTATION.—The Secretary shall lead the development 

of the plan required under subsection (a) but may consult or partner 

with private sector entities with expertise in labor economics, 

management, or human resources, as well as organizations familiar 

with the demands and needs of the Department’s workforce. 

(d) REPORT.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of State shall submit to the 

appropriate congressional committees a report regarding root causes 

of Foreign Service and civil service shortages, the effect of such 

shortages on national security objectives, and the Department’s 

plan to implement recommendations described in GAO–19–220. 

SEC. 5314. CONSULTING SERVICES. 

(a) IN GENERAL.—Chapter 103 of title 5, United States Code, 

as added by section 10312, is amended by adding at the end the 

following: 

‘‘§ 10302. Consulting services for the Department of State 

‘‘Any consulting service obtained by the Department of State 

through procurement contract pursuant to section 3109 of title 

5, United States Code, shall be limited to those contracts with 

respect to which expenditures are a matter of public record and 

available for public inspection, except if otherwise provided under 

existing law, or under existing Executive order issued pursuant 

to existing law.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

103 of title 5, United States Code, as added by section 10312(b) 

of this Act, is amended by adding after the item relating to section 

10301 of title 5, United States Code, the following new item: 

‘‘10302. Consulting services for the Department of State.’’. 

SEC. 5315. INCENTIVES FOR CRITICAL POSTS. 

Section 1115(d) of the Supplemental Appropriations Act, 2009 

(Public Law 111–32) is amended by striking the last sentence. 

SEC. 5316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY 

REVIEW BOARDS. 

Section 301(a)(3) of the Omnibus Diplomatic Security and 

Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended— 

(1) in the heading, by striking ‘‘AFGHANISTAN AND’’ and 

inserting ‘‘AFGHANISTAN, YEMEN, SYRIA, AND’’; and 

(2) in subparagraph (A)— 

(A) in clause (i), by striking ‘‘Afghanistan or’’ and 

inserting ‘‘Afghanistan, Yemen, Syria, or’’; and 

5 USC 5753 note. 

Contracts. 

5 USC 10302. 

Updates. 


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(B) in clause (ii), by striking ‘‘beginning on October 

1, 2005, and ending on September 30, 2009’’ and inserting 

‘‘beginning on October 1, 2020, and ending on September 

30, 2022’’. 

SEC. 5317. FOREIGN SERVICE SUSPENSION WITHOUT PAY. 

Subsection (c) of section 610 of the Foreign Service Act of 

1980 (22 U.S.C. 4010) is amended— 

(1) in paragraph (1), in the matter preceding subparagraph 

(A), by striking ‘‘suspend’’ and inserting ‘‘indefinitely suspend 

without duties’’; 

(2) by redesignating paragraph (5) as paragraph (7); 

(3) by inserting after paragraph (4) the following new paragraphs: 

‘‘(5) For each member of the Service suspended under paragraph (1)(A) whose security clearance remains suspended for 

more than one calendar year, not later than 30 days after 

the end of such calendar year, the Secretary of State shall 

report to the Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate in writing regarding the specific reasons relating 

to the duration of each such suspension. 

‘‘(6) Any member of the Service suspended under paragraph 

(1)(B) may be suspended without pay only after a final written 

decision is provided to such member pursuant to paragraph 

(2).’’; and 

(4) in paragraph (7), as so redesignated— 

(A) by striking ‘‘this subsection’’ and all that follows 

through ‘‘The term’’ in subparagraph (A) and inserting 

‘‘this subsection, the term’’; 

(B) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the left; and 

(C) by striking subparagraph (B) (relating to the definition of ‘‘suspend’’ and ‘‘suspension’’). 

SEC. 5318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK CHANGES. 

(a) APPLICABILITY.—The Foreign Affairs Manual and the Foreign Affairs Handbook apply with equal force and effect and without 

exception to all Department of State personnel, including the Secretary of State, Department employees, and political appointees, 

regardless of an individual’s status as a Foreign Service officer, 

Civil Service employee, or political appointee hired under any legal 

authority. 

(b) CERTIFICATION.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary of State shall submit 

to the appropriate congressional committees a certification in 

unclassified form that the applicability described in subsection (a) 

has been communicated to all Department personnel, including 

the personnel referred to in such subsection. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, and every 180 days thereafter 

for 5 years, the Secretary shall submit to the appropriate 

congressional committees a report detailing all significant 

changes made to the Foreign Affairs Manual or the Foreign 

Affairs Handbook. 

Time period. 

Deadline. 

22 USC 2658a. 

Reports. 


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135 STAT. 2368 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) COVERED PERIODS.—The first report required under 

paragraph (1) shall cover the 5-year period preceding the 

submission of such report. Each subsequent report shall cover 

the 180-day period preceding submission. 

(3) CONTENTS.—Each report required under paragraph (1) 

shall contain the following: 

(A) The location within the Foreign Affairs Manual 

or the Foreign Affairs Handbook where a change has been 

made. 

(B) The statutory basis for each such change, as 

applicable. 

(C) A side-by-side comparison of the Foreign Affairs 

Manual or Foreign Affairs Handbook before and after such 

change. 

(D) A summary of such changes displayed in spreadsheet form. 

SEC. 5319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL 

REQUIREMENTS OF CERTAIN POSITIONS. 

The Secretary of State may waive any or all of the individual 

occupational requirements with respect to an employee or prospective employee of the Department of State for a civilian position 

categorized under the GS–0130 occupational series if the Secretary 

determines that the individual possesses significant scientific, 

technological, engineering, or mathematical expertise that is 

integral to performing the duties of the applicable position, based 

on demonstrated job performance and qualifying experience. With 

respect to each waiver granted under this subsection, the Secretary 

shall set forth in a written document that is transmitted to the 

Director of the Office of Personnel Management the rationale for 

the decision of the Secretary to waive such requirements. 

SEC. 5320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER. 

The Secretary may appoint, for a 3-year period that may be 

extended for up to an additional 2 years, solely to carry out the 

functions of the Global Engagement Center, employees of the 

Department without regard to the provisions of title 5, United 

States Code, governing appointment in the competitive service, 

and may fix the basic compensation of such employees without 

regard to chapter 51 and subchapter III of chapter 53 of such 

title. 

SEC. 5321. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED 

BY INSPECTORS GENERAL TO SUPPORT THE LEAD IG MISSION. 

Subparagraph (A) of section 8L(d)(5)(A) of the Inspector General 

Act of 1978 (5 U.S.C. App.) is amended by striking ‘‘a lead Inspector 

General for’’ and inserting ‘‘any of the Inspectors General specified 

in subsection (c) for oversight of’’. 

SEC. 5322. REPORT RELATING TO FOREIGN SERVICE OFFICER 

TRAINING AND DEVELOPMENT. 

(a) IN GENERAL.—Not later than 270 days after the date of 

the enactment of this Act, the Secretary of State shall submit 

to the appropriate committees of Congress a report on fellowships 

or details for Department of State Foreign Service generalists at— 

(1) the Department of Defense; 

Time period. 

22 USC 2656 

note. 

Notification. 

Determination. 

22 USC 2651a 

note. 

Summary. 


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(2) United States intelligence agencies; and 

(3) congressional offices or committees. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following elements: 

(1) The number of Senior Foreign Service Officer generalists who, as of the date of the enactment of this Act, have 

done a tour of at least one year in any of the agencies or 

congressional committees described in subsection (a). 

(2) The total number of senior Foreign Service Officer 

generalists as of the date of the enactment of this Act. 

(3) The average number of Senior Foreign Service Officer 

generalists inducted annually during the 10 years preceding 

the date of the enactment of this Act. 

(4) The total number of Department advisors stationed 

in any of the agencies or congressional offices described in 

subsection (a), including the agencies or offices in which such 

advisors serve. 

(5) The total number of advisors from other United States 

Government agencies stationed in the Department of State 

(excluding defense attaches, senior defense officials, and other 

Department of Defense personnel stationed in United States 

missions abroad), the home agency of the advisor, and the 

offices in which such advisors serve. 

(c) EDUCATIONAL EXCLUSION.—For the purposes of the report 

required under subsection (a), educational programs shall not be 

included. 

SEC. 5323. COOPERATION WITH OFFICE OF THE INSPECTOR GENERAL. 

(a) ADMINISTRATIVE DISCIPLINE.—Not later than 30 days after 

the date of the enactment of this Act, the Secretary of State shall 

make explicit in writing to all Department of State personnel, 

including the Secretary of State, Department employees, contractors, and political appointees, and shall consider updating the Foreign Affairs Manual and the Foreign Affairs Handbook to explicitly 

specify, that if any of such personnel does not comply within 60 

days with a request for an interview or access to documents from 

the Office of the Inspector General of the Department, such personnel may be subject to appropriate administrative discipline 

including, when circumstances warrant, suspension without pay 

or removal. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act and on a quarterly basis thereafter, 

the Office of the Inspector General of the Department of State 

and the United States Agency for Global Media shall submit 

to the appropriate congressional committees and the Secretary 

of State a report in unclassified form detailing the following: 

(A) The number of individuals who have failed to 

comply within 60 days with a request for an interview 

or access to documents from the Office of the Inspector 

General pertaining to a noncriminal matter. 

(B) The date on which such requests were initially 

made. 

(C) Any extension of time that was voluntarily granted 

to such individual by the Office of the Inspector General. 

Compliance. 

Notification. 

Deadline. 

22 USC 3929b. 


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135 STAT. 2370 PUBLIC LAW 117–81—DEC. 27, 2021 

(D) The general subject matters regarding which the 

Office of the Inspector General has requested of such 

individuals. 

(2) FORM.—Additional information pertaining solely to the 

subject matter of a request described in paragraph (1) may 

be provided in a supplemental classified annex, if necessary, 

but all other information required by the reports required under 

such paragraph shall be provided in unclassified form. 

SEC. 5324. INFORMATION ON EDUCATIONAL OPPORTUNITIES FOR 

CHILDREN WITH SPECIAL EDUCATION NEEDS CONSISTENT WITH THE INDIVIDUALS WITH DISABILITIES 

EDUCATION ACT. 

Not later than March 31, 2022, and annually thereafter, the 

Director of the Office of Overseas Schools of the Department of 

State shall maintain and update a list of overseas schools receiving 

assistance from the Office and detailing the extent to which each 

such school provides special education and related services to children with disabilities in accordance with part B of the Individuals 

with Disabilities Education Act (20 U.S.C. 1411 et seq.). Each 

list required under this section shall be posted on the public website 

of the Office for access by members of the Foreign Service, the 

Senior Foreign Service, and their eligible family members. 

SEC. 5325. IMPLEMENTATION OF GAP MEMORANDUM IN SELECTION 

BOARD PROCESS. 

(a) IN GENERAL.—Section 603 of the Foreign Service Act of 

1980 (22 U.S.C. 4003) is amended by adding at the end the following 

new subsection: 

‘‘(c)(1) A member of the Service or member of the Senior Foreign 

Service whose performance will be evaluated by a selection board 

may submit to such selection board a gap memo in advance of 

such evaluation. 

‘‘(2) Members of a selection board may not consider as negative 

the submission of a gap memo by a member described in paragraph 

(1) when evaluating the performance of such member. 

‘‘(3) In this subsection, the term ‘gap memo’ means a written 

record, submitted to a selection board in a standard format established by the Director General of the Foreign Service, which 

indicates and explains a gap in the record of a member of the 

Service or member of the Senior Foreign Service whose performance 

will be evaluated by such selection board, which gap is due to 

personal circumstances, including for health, family, or other reason 

as determined by the Director General in consultation with the 

Committee on Foreign Affairs of the House of Representatives and 

the Committee on Foreign Relations of the Senate.’’. 

(b) CONSULTATION AND GUIDANCE.— 

(1) CONSULTATION.—Not later than 30 days after the date 

of the enactment of this Act, the Director General of the Foreign 

Service shall consult with the Committee on Foreign Affairs 

of the House of Representatives and the Committee on Foreign 

Relations of the Senate regarding the development of the gap 

memo under subsection (c) of section 603 of the Foreign Service 

Act of 1980 (22 U.S.C. 4003), as added by subsection (a) of 

this section. 

(2) DEFINITION.—In this subsection, the term ‘‘gap memo’’ 

has the meaning given such term in subsection (c) of section 

22 USC 4003 

note. 

Deadline. 

Definition. 

Records. 

Consultation. 

Determination. 

Public 

information. 

Web posting. 

Deadline. 

Update. 

List. 

22 USC 2460 

note. 


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603 of the Foreign Service Act of 1980 (22 U.S.C. 4003), as 

added by subsection (a) of this section. 

TITLE LIV—A DIVERSE WORKFORCE: 

RECRUITMENT, RETENTION, AND 

PROMOTION 

Sec. 5401. Definitions. 

Sec. 5402. Exit interviews for workforce. 

Sec. 5403. Recruitment and retention. 

Sec. 5404. Leadership engagement and accountability. 

Sec. 5405. Professional development opportunities and tools. 

Sec. 5406. Examination and oral assessment for the Foreign Service. 

Sec. 5407. Payne fellowship authorization. 

Sec. 5408. Voluntary participation. 

SEC. 5401. DEFINITIONS. 

In this title: 

(1) APPLICANT FLOW DATA.—The term ‘‘applicant flow data’’ 

means data that tracks the rate of applications for job positions 

among demographic categories. 

(2) DEMOGRAPHIC DATA.—The term ‘‘demographic data’’ 

means facts or statistics relating to the demographic categories 

specified in the Office of Management and Budget statistical 

policy directive entitled ‘‘Standards for Maintaining, Collecting, 

and Presenting Federal Data on Race and Ethnicity’’ (81 Fed. 

Reg. 67398). 

(3) DIVERSITY.—The term ‘‘diversity’’ means those classes 

of persons protected under the Civil Rights Act of 1964 (42 

U.S.C. 2000a et seq.) and the Americans with Disabilities Act 

of 1990 (42 U.S.C. 12101 et seq.). 

(4) WORKFORCE.—The term ‘‘workforce’’ means— 

(A) individuals serving in a position in the civil service 

(as defined in section 2101 of title 5, United States Code); 

(B) individuals who are members of the Foreign Service 

(as defined in section 103 of the Foreign Service Act of 

1980 (22 U.S.C. 3902)); 

(C) all individuals serving under a personal services 

contract; 

(D) all individuals serving under a Foreign Service 

Limited appointment under section 309 of the Foreign 

Service Act of 1980; or 

(E) individuals other than Locally Employed Staff 

working in the Department of State under any other 

authority. 

SEC. 5402. EXIT INTERVIEWS FOR WORKFORCE. 

(a) RETAINED MEMBERS.—The Director General of the Foreign 

Service and the Director of the Bureau of Human Resources or 

its equivalent shall conduct periodic interviews with a representative and diverse cross-section of the workforce of the Department— 

(1) to understand the reasons of individuals in such 

workforce for remaining in a position in the Department; and 

(2) to receive feedback on workplace policies, professional 

development opportunities, and other issues affecting the decision of individuals in the workforce to remain in the Department. 

22 USC 2736. 

22 USC 2736 

note. 


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135 STAT. 2372 PUBLIC LAW 117–81—DEC. 27, 2021 

(b) DEPARTING MEMBERS.—The Director General of the Foreign 

Service and the Director of the Bureau of Human Resources or 

its equivalent shall provide an opportunity for an exit interview 

to each individual in the workforce of the Department who separates 

from service with the Department to better understand the reasons 

of such individual for leaving such service. 

(c) USE OF ANALYSIS FROM INTERVIEWS.—The Director General 

of the Foreign Service and the Director of the Bureau of Human 

Resources or its equivalent shall analyze demographic data and 

other information obtained through interviews under subsections 

(a) and (b) to determine to what extent, if any, the diversity of 

those participating in such interviews impacts the results. 

(d) TRACKING DATA.—The Department shall— 

(1) track demographic data relating to participants in 

professional development programs and the rate of placement 

into senior positions for participants in such programs; 

(2) annually evaluate such data— 

(A) to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and 

(B) to understand the extent to which participation 

in any professional development program offered or sponsored by the Department differs among the demographic 

categories of the workforce; and 

(3) actively encourage participation from a range of demographic categories, especially from categories with consistently 

low participation, in such professional development programs. 

SEC. 5403. RECRUITMENT AND RETENTION. 

(a) IN GENERAL.—The Secretary shall— 

(1) continue to seek a diverse and talented pool of 

applicants; and 

(2) instruct the Director General of the Foreign Service 

and the Director of the Bureau of Human Resources of the 

Department to have a recruitment plan of action for the recruitment of people belonging to traditionally under-represented 

groups, which should include outreach at appropriate colleges, 

universities, affinity groups, and professional associations. 

(b) SCOPE.—The diversity recruitment initiatives described in 

subsection (a) shall include— 

(1) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other 

institutions serving a significant percentage of minority students; 

(2) placing job advertisements in newspapers, magazines, 

and job sites oriented toward diverse groups; 

(3) sponsoring and recruiting at job fairs in urban and 

rural communities and land-grant colleges or universities; 

(4) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention; 

(5) expanding the use of paid internships; and 

(6) cultivating partnerships with organizations dedicated 

to the advancement of the profession of international affairs 

and national security to advance shared diversity goals. 

(c) EXPAND TRAINING ON ANTI-HARASSMENT AND ANTI-DISCRIMI- NATION.— 

Plan. 

22 USC 2736a. 

Evaluation. 

Determination. 


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(1) IN GENERAL.—The Secretary shall, through the Foreign 

Service Institute and other educational and training opportunities— 

(A) ensure the provision to all individuals in the 

workforce of training on anti-harassment and anti-discrimination information and policies, including in existing Foreign Service Institute courses or modules prioritized in 

the Department’s Diversity and Inclusion Strategic Plan 

for 2016–2020 to promote diversity in Bureau awards or 

mitigate unconscious bias; 

(B) expand the provision of training on workplace 

rights and responsibilities to focus on anti-harassment and 

anti-discrimination information and policies, including policies relating to sexual assault prevention and response; 

and 

(C) make such expanded training mandatory for— 

(i) individuals in senior and supervisory positions; 

(ii) individuals having responsibilities related to 

recruitment, retention, or promotion of employees; and 

(iii) any other individual determined by the 

Department who needs such training based on analysis 

by the Department or OPM analysis. 

(2) BEST PRACTICES.—The Department shall give special 

attention to ensuring the continuous incorporation of researchbased best practices in training provided under this subsection. 

SEC. 5404. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY. 

(a) REWARD AND RECOGNIZE EFFORTS TO PROMOTE DIVERSITY

AND INCLUSION.— (1) IN GENERAL.—The Secretary shall implement performance and advancement requirements that reward and recognize 

the efforts of individuals in senior positions and supervisors 

in the Department in fostering an inclusive environment and 

cultivating talent consistent with merit system principles, such 

as through participation in mentoring programs or sponsorship 

initiatives, recruitment events, and other similar opportunities. 

(2) OUTREACH EVENTS.—The Secretary shall create 

opportunities for individuals in senior positions and supervisors 

in the Department to participate in outreach events and to 

discuss issues relating to diversity and inclusion with the 

workforce on a regular basis, including with employee resource 

groups. 

(b) EXTERNAL ADVISORY COMMITTEES AND BOARDS.—For each 

external advisory committee or board to which individuals in senior 

positions in the Department appoint members, the Secretary is 

strongly encouraged by Congress to ensure such external advisory 

committee or board is developed, reviewed, and carried out by 

qualified teams that represent the diversity of the organization. 

SEC. 5405. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND 

TOOLS. 

(a) EXPAND PROVISION OF PROFESSIONAL DEVELOPMENT AND

CAREER ADVANCEMENT OPPORTUNITIES.— 

(1) IN GENERAL.—The Secretary is authorized to expand 

professional development opportunities that support the mission needs of the Department, such as— 

(A) academic programs; 

(B) private-public exchanges; and 

22 USC 2736c. 

Requirements. 

22 USC 2736b. 


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(C) detail assignments to relevant positions in— 

(i) private or international organizations; 

(ii) State, local, and Tribal governments; 

(iii) other branches of the Federal Government; 

or 

(iv) professional schools of international affairs. 

(2) TRAINING FOR SENIOR POSITIONS.— (A) IN GENERAL.—The Secretary shall offer, or sponsor 

members of the workforce to participate in, a Senior Executive Service candidate development program or other program that trains members on the skills required for 

appointment to senior positions in the Department. 

(B) REQUIREMENTS.—In determining which members 

of the workforce are granted professional development or 

career advancement opportunities under subparagraph (A), 

the Secretary shall— 

(i) ensure any program offered or sponsored by 

the Department under such subparagraph comports 

with the requirements of subpart C of part 412 of 

title 5, Code of Federal Regulations, or any successor 

thereto, including merit staffing and assessment 

requirements; 

(ii) consider the number of expected vacancies in 

senior positions as a factor in determining the number 

of candidates to select for such programs; 

(iii) understand how participation in any program 

offered or sponsored by the Department under such 

subparagraph differs by gender, race, national origin, 

disability status, or other demographic categories; and 

(iv) actively encourage participation from a range 

of demographic categories, especially from categories 

with consistently low participation. 

SEC. 5406. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN 

SERVICE. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Department should offer both the Foreign Service written examination and oral assessment in more locations throughout the 

United States. Doing so would ease the financial burden on potential 

candidates who do not currently reside in and must travel at 

their own expense to one of the few locations where these assessments are offered. 

(b) FOREIGN SERVICE EXAMINATIONS.—Section 301(b) of the Foreign Service Act of 1980 (22 U.S.C. 3941) is amended— 

(1) by striking ‘‘The Secretary’’ and inserting: ‘‘(1) The 

Secretary’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The Secretary shall ensure that the Board of Examiners 

for the Foreign Service annually offers the oral assessment examinations described in paragraph (1) in cities, chosen on a rotating 

basis, located in at least three different time zones across the 

United States.’’. 

SEC. 5407. PAYNE FELLOWSHIP AUTHORIZATION. 

(a) IN GENERAL.—Undergraduate and graduate components of 

the Donald M. Payne International Development Fellowship Program may conduct outreach to attract outstanding students with 

22 USC 2736d. 

Determination. 


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an interest in pursuing a Foreign Service career who represent 

diverse ethnic and socioeconomic backgrounds. 

(b) REVIEW OF PAST PROGRAMS.—The Secretary shall review 

past programs designed to increase minority representation in international affairs positions. 

SEC. 5408. VOLUNTARY PARTICIPATION. 

(a) IN GENERAL.—Nothing in this title should be construed 

so as to compel any employee to participate in the collection of 

the data or divulge any personal information. Department 

employees shall be informed that their participation in the data 

collection contemplated by this title is voluntary. 

(b) PRIVACY PROTECTION.—Any data collected under this title 

shall be subject to the relevant privacy protection statutes and 

regulations applicable to Federal employees. 

TITLE LV—INFORMATION SECURITY 

Sec. 5501. Definitions. 

Sec. 5502. List of certain telecommunications providers. 

Sec. 5503. Preserving records of electronic communications. 

Sec. 5504. Foreign Relations of the United States (FRUS) series and declassification. 

SEC. 5501. DEFINITIONS. 

In this title: 

(1) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence 

community’’ has the meaning given such term in section 3(4) 

of the National Security Act of 1947 (50 U.S.C. 3003(4)). 

(2) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘‘relevant congressional committees’’ means— 

(A) the appropriate congressional committees; 

(B) the Select Committee on Intelligence of the Senate; 

and 

(C) the Permanent Select Committee on Intelligence 

of the House of Representatives. 

SEC. 5502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS. 

(a) LIST OF COVERED CONTRACTORS.—Not later than 30 days 

after the date of the enactment of this Act, the Secretary, in 

consultation with the Director of National Intelligence and other 

appropriate Federal agencies as determined jointly by the Secretary 

and the Director of National Intelligence, shall develop or maintain, 

as the case may be, and update as frequently as the Secretary 

determines appropriate, a list of covered contractors with respect 

to which the Department should seek to avoid entering into contracts. Not later than 30 days after the initial development of 

the list under this subsection, any update thereto, and annually 

thereafter for 5 years after such initial 30 day period, the Secretary 

shall submit to the appropriate congressional committees a copy 

of such list. 

(b) COVERED CONTRACTOR DEFINED.—In this section, the term 

‘‘covered contractor’’ means a provider of telecommunications, telecommunications equipment, or information technology equipment, 

including hardware, software, or services, that has knowingly 

assisted or facilitated a cyber attack or conducted surveillance, 

including passive or active monitoring, carried out against— 

Time periods. 

Records. 

Deadlines. 

Consultation. 

Updates. 

Contracts. 

22 USC 2679e. 

22 USC 2679e. 

22 USC 2736e. 


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(1) the United States by, or on behalf of, any government, 

or persons associated with such government, listed as a cyber 

threat actor in the intelligence community’s 2017 assessment 

of worldwide threats to United States national security or any 

subsequent worldwide threat assessment of the intelligence 

community; or 

(2) individuals, including activists, journalists, opposition 

politicians, or other individuals for the purposes of suppressing 

dissent or intimidating critics, on behalf of a country included 

in the annual country reports on human rights practices of 

the Department for systematic acts of political repression, 

including arbitrary arrest or detention, torture, extrajudicial 

or politically motivated killing, or other gross violations of 

human rights. 

SEC. 5503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

all officers and employees of the Department and the United States 

Agency for International Development are obligated under chapter 

31 of title 44, United States Code (popularly referred to as the 

Federal Records Act of 1950), to create and preserve records containing adequate and proper documentation of the organization, 

functions, policies, decisions, procedures, and essential transactions 

or operations of the Department and United States embassies, 

consulates, and missions abroad, including records of official 

communications with foreign government officials or other foreign 

entities. 

(b) CERTIFICATION.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary shall submit to the 

appropriate congressional committees a certification in unclassified 

form that the Secretary has communicated to all Department personnel, including the Secretary of State and all political appointees, 

that such personnel are obligated under chapter 31 of title 44, 

United States Code, to treat electronic messaging systems, software, 

and applications as equivalent to electronic mail for the purpose 

of identifying Federal records. 

SEC. 5504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) 

SERIES AND DECLASSIFICATION. 

The State Department Basic Authorities Act of 1956 is 

amended— 

(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by striking 

‘‘26’’ and inserting ‘‘20’’; and 

(2) in section 404(a)(1) (22 U.S.C. 4354(a)(1), by striking 

‘‘30’’and inserting ‘‘25’’. 

TITLE LVI—PUBLIC DIPLOMACY 

Sec. 5601. Short title. 

Sec. 5602. Avoiding duplication of programs and efforts. 

Sec. 5603. Improving research and evaluation of public diplomacy. 

Sec. 5604. Permanent reauthorization of the United States Advisory Commission 

on Public Diplomacy. 

Sec. 5605. Streamlining of support functions. 

Sec. 5606. Guidance for closure of public diplomacy facilities. 

Sec. 5607. Definitions. 

Public Diplomacy 

Modernization 

Act of 2021. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2377 

SEC. 5601. SHORT TITLE. 

This title may be cited as the ‘‘Public Diplomacy Modernization 

Act of 2021’’. 

SEC. 5602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS. 

The Secretary shall— 

(1) identify opportunities for greater efficiency of operations, including through improved coordination of efforts 

across public diplomacy bureaus and offices of the Department; 

and 

(2) maximize shared use of resources between, and within, 

such public diplomacy bureaus and offices in cases in which 

programs, facilities, or administrative functions are duplicative 

or substantially overlapping. 

SEC. 5603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC 

DIPLOMACY. 

(a) RESEARCH AND EVALUATION ACTIVITIES.—The Secretary, 

acting through the Director of Research and Evaluation appointed 

pursuant to subsection (b), shall— 

(1) conduct regular research and evaluation of public diplomacy programs and activities of the Department, including 

through the routine use of audience research, digital analytics, 

and impact evaluations, to plan and execute such programs 

and activities; and 

(2) make available to Congress the findings of the research 

and evaluations conducted under paragraph (1). 

(b) DIRECTOR OF RESEARCH AND EVALUATION.— 

(1) APPOINTMENT.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary shall appoint a 

Director of Research and Evaluation (referred to in this subsection as the ‘‘Director’’) in the Office of Policy, Planning, 

and Resources for Public Diplomacy and Public Affairs of the 

Department. 

(2) LIMITATION ON APPOINTMENT.—The appointment of the 

Director pursuant to paragraph (1) shall not result in an 

increase in the overall full-time equivalent positions within 

the Department. 

(3) RESPONSIBILITIES.—The Director shall— 

(A) coordinate and oversee the research and evaluation 

of public diplomacy programs and activities of the Department in order to— 

(i) improve public diplomacy strategies and tactics; 

and 

(ii) ensure that such programs and activities are 

increasing the knowledge, understanding, and trust 

of the United States by relevant target audiences; 

(B) routinely organize and oversee audience research, 

digital analytics, and impact evaluations across all public 

diplomacy bureaus and offices of the Department; 

(C) support United States diplomatic posts’ public 

affairs sections; 

(D) share appropriate public diplomacy research and 

evaluation information within the Department and with 

other appropriate Federal departments and agencies; 

(E) regularly design and coordinate standardized 

research questions, methodologies, and procedures to 

Deadline. 

22 USC 2732b. 

22 USC 2732a. 

22 USC 2651 

note. 


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135 STAT. 2378 PUBLIC LAW 117–81—DEC. 27, 2021 

ensure that public diplomacy programs and activities across 

all public diplomacy bureaus and offices are designed to 

meet appropriate foreign policy objectives; and 

(F) report biannually to the United States Advisory 

Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to subsection (f), regarding the research and evaluation 

of all public diplomacy bureaus and offices. 

(4) GUIDANCE AND TRAINING.—Not later than 1 year after 

the appointment of the Director pursuant to paragraph (1), 

the Director shall develop guidance and training, including 

curriculum for use by the Foreign Service Institute, for all 

public diplomacy officers of the Department regarding the 

reading and interpretation of public diplomacy program and 

activity evaluation findings to ensure that such findings and 

related lessons learned are implemented in the planning and 

evaluation of all public diplomacy programs and activities of 

the Department. 

(c) PRIORITIZING RESEARCH AND EVALUATION.— 

(1) IN GENERAL.—The head of the Office of Policy, Planning, 

and Resources for Public Diplomacy and Public Affairs of the 

Department shall ensure that research and evaluation of public 

diplomacy and activities of the Department, as coordinated 

and overseen by the Director pursuant to subsection (b), supports strategic planning and resource allocation across all public 

diplomacy bureaus and offices of the Department. 

(2) ALLOCATION OF RESOURCES.—Amounts allocated for the 

purpose of research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection 

(b) shall be made available to be disbursed at the direction 

of the Director of Research and Evaluation among the research 

and evaluation staff across all public diplomacy bureaus and 

offices of the Department. 

(3) SENSE OF CONGRESS.—It is the sense of Congress that 

the Department should gradually increase its allocation of funds 

made available under the headings ‘‘Educational and Cultural 

Exchange Programs’’ and ‘‘Diplomatic Programs’’ for research 

and evaluation of public diplomacy programs and activities 

of the Department pursuant to subsection (b) to a percentage 

of program funds that is commensurate with Federal Government best practices. 

(d) LIMITED EXEMPTION RELATING TO THE PAPERWORK REDUCTION ACT.—Chapter 35 of title 44, United States Code (commonly 

known as the ‘‘Paperwork Reduction Act’’) shall not apply to the 

collection of information directed at any individuals conducted by, 

or on behalf of, the Department of State for the purpose of audience 

research, monitoring, and evaluations, and in connection with the 

Department’s activities conducted pursuant to any of the following: 

(1) The Mutual Educational and Cultural Exchange Act 

of 1961 (22 U.S.C. 2451 et seq.). 

(2) Section 1287 of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656 

note). 

(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 

et seq.). 

(e) LIMITED EXEMPTION RELATING TO THE PRIVACY ACT.— 

Deadline. 

Reports. 

Time period. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2379 

(1) IN GENERAL.—The Department shall maintain, collect, 

use, and disseminate records (as such term is defined in section 

552a(a)(4) of title 5, United States Code) for audience research, 

digital analytics, and impact evaluation of communications 

related to public diplomacy efforts intended for foreign 

audiences. 

(2) CONDITIONS.—Audience research, digital analytics, and 

impact evaluations under paragraph (1) shall be— 

(A) reasonably tailored to meet the purposes of this 

subsection; and 

(B) carried out with due regard for privacy and civil 

liberties guidance and oversight. 

(f) UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLO- MACY.— (1) SUBCOMMITTEE FOR RESEARCH AND EVALUATION.—The 

United States Advisory Commission on Public Diplomacy shall 

establish a Subcommittee on Research and Evaluation to monitor and advise regarding audience research, digital analytics, 

and impact evaluations carried out by the Department and 

the United States Agency for Global Media. 

(2) ANNUAL REPORT.—The Subcommittee on Research and 

Evaluation established pursuant to paragraph (1) shall submit 

to the appropriate congressional committees an annual report, 

in conjunction with the United States Advisory Commission 

on Public Diplomacy’s Comprehensive Annual Report on the 

performance of the Department and the United States Agency 

for Global Media, describing all actions taken by the Subcommittee pursuant to paragraph (1) and any findings made 

as a result of such actions. 

SEC. 5604. PERMANENT REAUTHORIZATION OF THE UNITED STATES 

ADVISORY COMMISSION ON PUBLIC DIPLOMACY. 

Section 1334 of the Foreign Affairs Reform and Restructuring 

Act of 1998 (22 U.S.C. 6553) is amended— 

(1) in the section heading, by striking ‘‘SUNSET’’ and 

inserting ‘‘CONTINUATION’’; and 

(2) by striking ‘‘until October 1, 2021’’. 

SEC. 5605. STREAMLINING OF SUPPORT FUNCTIONS. 

(a) WORKING GROUP ESTABLISHED.—Not later than 60 days 

after the date of the enactment of this Act, the Secretary shall 

establish a working group to explore the possibilities and costbenefit analysis of transitioning to a shared services model as 

such pertains to human resources, travel, purchasing, budgetary 

planning, and all other executive support functions for all bureaus 

of the Department that report to the Under Secretary for Public 

Diplomacy of the Department. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall submit to the appropriate 

congressional committees a plan to implement any such findings 

of the working group established under subsection (a). 

SEC. 5606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of State shall adopt, 

and include in the Foreign Affairs Manual, guidelines to collect 

and utilize information from each diplomatic post at which the 

Deadline. 

Guidelines. 

22 USC 1475g 

note. 

Deadline. 

Plan. 

Deadline. 

Establishment. 

Records. 


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135 STAT. 2380 PUBLIC LAW 117–81—DEC. 27, 2021 

construction of a new embassy compound or new consulate compound would result in the closure or co-location of an American 

Space, American Center, American Corner, or any other public 

diplomacy facility under the Secure Embassy Construction and 

Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.). 

(b) REQUIREMENTS.—The guidelines required by subsection (a) 

shall include the following: 

(1) Standardized notification to each chief of mission at 

a diplomatic post describing the requirements of the Secure 

Embassy Construction and Counterterrorism Act of 1999 and 

the impact on the mission footprint of such requirements. 

(2) An assessment and recommendations from each chief 

of mission of potential impacts to public diplomacy programming at such diplomatic post if any public diplomacy facility 

referred to in subsection (a) is closed or staff is co-located 

in accordance with such Act. 

(3) A process by which assessments and recommendations 

under paragraph (2) are considered by the Secretary and the 

appropriate Under Secretaries and Assistant Secretaries of the 

Department. 

(4) Notification to the appropriate congressional committees, prior to the initiation of a new embassy compound or 

new consulate compound design, of the intent to close any 

such public diplomacy facility or co-locate public diplomacy 

staff in accordance with such Act. 

(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate 

congressional committees a report containing the guidelines 

required under subsection (a) and any recommendations for any 

modifications to such guidelines. 

SEC. 5607. DEFINITIONS. 

In this title: 

(1) AUDIENCE RESEARCH.—The term ‘‘audience research’’ 

means research conducted at the outset of a public diplomacy 

program or the outset of campaign planning and design 

regarding specific audience segments to understand the attitudes, interests, knowledge, and behaviors of such audience 

segments. 

(2) DIGITAL ANALYTICS.—The term ‘‘digital analytics’’ means 

the analysis of qualitative and quantitative data, accumulated 

in digital format, to indicate the outputs and outcomes of a 

public diplomacy program or campaign. 

(3) IMPACT EVALUATION.—The term ‘‘impact evaluation’’ 

means an assessment of the changes in the audience targeted 

by a public diplomacy program or campaign that can be attributed to such program or campaign. 

(4) PUBLIC DIPLOMACY BUREAUS AND OFFICES.—The term 

‘‘public diplomacy bureaus and offices’’ means, with respect 

to the Department, the following: 

(A) The Bureau of Educational and Cultural Affairs. 

(B) The Bureau of Global Public Affairs. 

(C) The Office of Policy, Planning, and Resources for 

Public Diplomacy and Public Affairs. 

(D) The Global Engagement Center. 

(E) The public diplomacy functions within the regional 

and functional bureaus. 

22 USC 2732a 

note. 

Recommendations. 

Assessment. 

Recommendations. 

Notifications. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2381 

TITLE LVII—OTHER MATTERS 

Sec. 5701. Limitation on assistance to countries in default. 

Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return Act 

of 2014 amendment. 

Sec. 5703. Chief of mission concurrence. 

Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force. 

SEC. 5701. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT. 

Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2370(q)) is amended— 

(1) by striking ‘‘No assistance’’ and inserting the following: 

‘‘(1) No assistance’’; 

(2) by inserting ‘‘the government of’’ before ‘‘any country’’; 

(3) by inserting ‘‘the government of’’ before ‘‘such country’’ 

each place it appears; 

(4) by striking ‘‘determines’’ and all that follows and 

inserting ‘‘determines, after consultation with the Committee 

on Foreign Affairs and the Committee on Appropriations of 

the House of Representatives and the Committee on Foreign 

Relations and the Committee on Appropriations of the Senate, 

that assistance for such country is in the national interest 

of the United States.’’; and 

(5) by adding at the end the following new paragraph: 

‘‘(2) No assistance shall be furnished under this Act, the 

Peace Corps Act, the Millennium Challenge Act of 2003, the 

African Development Foundation Act, the BUILD Act of 2018, 

section 504 of the FREEDOM Support Act, or section 23 of 

the Arms Export Control Act to the government of any country 

which is in default during a period in excess of 1 calendar 

year in payment to the United States of principal or interest 

or any loan made to the government of such country by the 

United States unless the President determines, following consultation with the congressional committees specified in paragraph (1), that assistance for such country is in the national 

interest of the United States.’’. 

SEC. 5702. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION AND RETURN ACT OF 2014 AMENDMENT. 

Subsection (b) of section 101 of the Sean and David Goldman 

International Child Abduction Prevention and Return Act of 2014 

(22 U.S.C. 9111; Public Law 113–150) is amended— 

(1) in paragraph (2)— 

(A) in subparagraph (A)— 

(i) by inserting ‘‘, respectively,’’ after ‘‘access cases’’; 

and 

(ii) by inserting ‘‘and the number of children 

involved’’ before the semicolon at the end; and 

(B) in subparagraph (D), by inserting ‘‘respectively, 

the number of children involved,’’ after ‘‘access cases,’’; 

(2) in paragraph (7), by inserting ‘‘, and number of children 

involved in such cases’’ before the semicolon at the end; 

(3) in paragraph (8), by striking ‘‘and’’ after the semicolon 

at the end; 

(4) in paragraph (9), by striking the period at the end 

and inserting ‘‘; and’’; and 

(5) by adding at the end the following new paragraph: 

Time period. 

President. 

Determination. 

Consultation. 

Determination. 

Consultation. 


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135 STAT. 2382 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(10) the total number of pending cases the Department 

of State has assigned to case officers and number of children 

involved for each country and as a total for all countries.’’. 

SEC. 5703. CHIEF OF MISSION CONCURRENCE. 

In the course of a chief of mission providing concurrence to 

the exercise of the authority pursuant to section 127e of title 10, 

United States Code, or section 1202 of the National Defense 

Authorization Act for Fiscal Year 2018— 

(1) each relevant chief of mission shall inform and consult 

in a timely manner with relevant individuals at relevant missions or bureaus of the Department of State; and 

(2) the Secretary of State shall take such steps as may 

be necessary to ensure that such relevant individuals have 

the security clearances necessary and access to relevant 

compartmented and special programs to so consult in a timely 

manner with respect to such concurrence. 

SEC. 5704. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION TASK FORCE. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of State shall submit to the appropriate 

congressional committees, the Committee on Armed Services of 

the House of Representatives, and the Committee on Armed Services of the Senate a report evaluating the efforts of the Coronavirus 

Repatriation Task Force of the Department of State to repatriate 

United States citizens and legal permanent residents in response 

to the 2020 coronavirus outbreak. The report shall identify— 

(1) the most significant impediments to repatriating such 

persons; 

(2) the lessons learned from such repatriations; and 

(3) any changes planned to future repatriation efforts of 

the Department of State to incorporate such lessons learned. 

DIVISION F—OTHER NON-DEPARTMENT 

OF DEFENSE MATTERS 

TITLE LXI—FINANCIAL SERVICES 

MATTERS 

Sec. 6101. FinCEN Exchange. 

Sec. 6102. Adverse information in cases of trafficking. 

Sec. 6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts. 

Sec. 6104. United States policy on Burma at the International Monetary Fund, the 

World Bank Group, and the Asian Development Bank. 

Sec. 6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies. 

Sec. 6106. Illicit finance improvements. 

Sec. 6107. Briefing on delegation of examination authority under the Bank Secrecy 

Act. 

SEC. 6101. FINCEN EXCHANGE. 

Section 310(d) of title 31, United States Code, is amended— 

(1) in paragraph (2), by inserting ‘‘other relevant private 

sector entities,’’ after ‘‘financial institutions,’’; 

10 USC 127e 

note. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2383 

(2) in paragraph (3)(A)(i)(II), by inserting ‘‘and other relevant private sector entities’’ after ‘‘financial institutions’’; and 

(3) in paragraph (5)— 

(A) in subparagraph (A), by inserting ‘‘or other relevant 

private sector entity’’ after ‘‘financial institution’’; and 

(B) in subparagraph (B)— 

(i) by striking ‘‘Information’’ and inserting the following: 

‘‘(i) USE BY FINANCIAL INSTITUTIONS.—Information’’; and 

(ii) by adding at the end the following: 

‘‘(ii) USE BY OTHER RELEVANT PRIVATE SECTOR ENTI- TIES.—Information received by a relevant private sector 

entity that is not a financial institution pursuant to 

this section shall not be used for any purpose other 

than assisting a financial institution in identifying and 

reporting on activities that may involve the financing 

of terrorism, money laundering, proliferation financing, 

or other financial crimes, or in assisting FinCEN or 

another agency of the Federal Government in mitigating the risk of the financing of terrorism, money 

laundering, proliferation financing, or other criminal 

activities.’’. 

SEC. 6102. ADVERSE INFORMATION IN CASES OF TRAFFICKING. 

(a) IN GENERAL.—The Fair Credit Reporting Act (15 U.S.C. 

1681 et seq.) is amended by inserting after section 605B the following: 

‘‘§ 605C. Adverse information in cases of trafficking 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) TRAFFICKING DOCUMENTATION.—The term ‘trafficking 

documentation’ means— 

‘‘(A) documentation of— 

‘‘(i) a determination that a consumer is a victim 

of trafficking made by a Federal, State, or Tribal 

governmental entity; or 

‘‘(ii) by a court of competent jurisdiction; and 

‘‘(B) documentation that identifies items of adverse 

information that should not be furnished by a consumer 

reporting agency because the items resulted from a severe 

form of trafficking in persons or sex trafficking of which 

the consumer is a victim. 

‘‘(2) TRAFFICKING VICTIMS PROTECTION ACT OF 2000 DEFINITIONS.—The terms ‘severe forms of trafficking in persons’ and 

‘sex trafficking’ have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 

(22 U.S.C. 7102). 

‘‘(3) VICTIM OF TRAFFICKING.—The term ‘victim of trafficking’ means a person who is a victim of a severe form 

of trafficking in persons or sex trafficking. 

‘‘(b) ADVERSE INFORMATION.—A consumer reporting agency may 

not furnish a consumer report containing any adverse item of 

information about a consumer that resulted from a severe form 

of trafficking in persons or sex trafficking if the consumer has 

provided trafficking documentation to the consumer reporting 

agency. 

15 USC 1681c–3. 


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135 STAT. 2384 PUBLIC LAW 117–81—DEC. 27, 2021 

‘‘(c) RULEMAKING.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this section, the Director shall issue rules 

to implement subsection (a). 

‘‘(2) CONTENTS.—The rules issued pursuant to paragraph 

(1) shall establish a method by which consumers shall submit 

trafficking documentation to consumer reporting agencies.’’. 

(b) TABLE OF CONTENTS AMENDMENT.—The table of contents 

of the Fair Credit Reporting Act is amended by inserting after 

the item relating to section 605B the following: 

‘‘605C. Adverse information in cases of trafficking.’’. 

(c) APPLICATION.—The amendments made by this section shall 

apply on the date that is 30 days after the date on which the 

Director of the Bureau of Consumer Financial Protection issues 

a rule pursuant to section 605C(c) of the Fair Credit Reporting 

Act, as added by subsection (a) of this section. Any rule issued 

by the Director to implement such section 605C shall be limited 

to preventing a consumer reporting agency from furnishing a consumer report containing any adverse item of information about 

a consumer (as such terms are defined, respectively, in section 

603 the Fair Credit Reporting Act (15 U.S.C. 1681a)) that resulted 

from trafficking. 

SEC. 6103. SUPPORT TO ENHANCE THE CAPACITY OF INTERNATIONAL 

MONETARY FUND MEMBERS TO EVALUATE THE LEGAL 

AND FINANCIAL TERMS OF SOVEREIGN DEBT CONTRACTS. 

(a) IN GENERAL.—Title XVI of the International Financial 

Institutions Act (22 U.S.C. 262p et seq.) is amended by adding 

at the end the following: 

‘‘SEC. 1630. SUPPORT TO ENHANCE THE CAPACITY OF FUND MEMBERS 

TO EVALUATE THE LEGAL AND FINANCIAL TERMS OF 

SOVEREIGN DEBT CONTRACTS. 

‘‘The Secretary of the Treasury shall instruct the United States 

Executive Director at the International Monetary Fund to use the 

voice and vote of the United States to advocate that the Fund 

promote international standards and best practices with respect 

to sovereign debt contracts and provide technical assistance to 

Fund members, and in particular to lower middle-income countries 

and countries eligible to receive assistance from the International 

Development Association, seeking to enhance their capacity to 

evaluate the legal and financial terms of sovereign debt contracts 

with multilateral, bilateral, and private sector creditors.’’. 

(b) REPORT TO THE CONGRESS.—Within 1 year after the date 

of the enactment of this Act, and annually thereafter for the next 

4 years, the Secretary of the Treasury shall report to the Committee 

on Financial Services of the House of Representatives and the 

Committee on Foreign Relations of the Senate on— 

(1) the activities of the International Monetary Fund in 

the then most recently completed fiscal year to provide technical 

assistance described in section 1630 of the International Financial Institutions Act (as added by this section), including the 

ability of the Fund to meet the demand for the assistance; 

and 

Time period. 

22 USC 262p–14. 

Effective date. 

15 USC 1681c–3 

note. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2385 

(2) the efficacy of efforts by the United States to achieve 

the policy goal described in such section and any further actions 

that should be taken, if necessary, to implement that goal. 

(c) SUNSET.—The amendment made by subsection (a) shall have 

no force or effect after the 5-year period that begins with the 

date of the enactment of this Act. 

SEC. 6104. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL 

MONETARY FUND, THE WORLD BANK GROUP, AND THE 

ASIAN DEVELOPMENT BANK. 

(a) SENSE OF THE CONGRESS.—It is the sense of the Congress 

that the United States should not support the recognition of, or 

dealing with, the State Administration Council, or any successor 

entity controlled by the military, as the government of Burma 

for the purpose of the provision of any loan or financial assistance 

by the International Monetary Fund, the World Bank Group, or 

the Asian Development Bank, except for humanitarian assistance 

channeled through an implementing agency not controlled by the 

Burmese military. 

(b) POLICY.—Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.), as amended by section 6103, 

is further amended by adding at the end the following: 

‘‘SEC. 1631. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL MONETARY FUND, THE WORLD BANK GROUP, 

AND THE ASIAN DEVELOPMENT BANK. 

‘‘(a) POLICY OF THE UNITED STATES.—The Secretary of Treasury 

shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian 

Development Bank to inform the respective institution that it is 

the policy of the United States to oppose, and to use the voice 

and vote of the United States to vote against, any loan or financial 

assistance to Burma through the State Administration Council, 

or any successor entity controlled by the military, except for 

humanitarian assistance channeled through an implementing 

agency not controlled by the Burmese military. 

‘‘(b) SUBMISSION OF WRITTEN STATEMENTS.—No later than 60 

calendar days after a meeting of the Board of Directors of the 

World Bank Group or the Asian Development Bank, the Secretary 

of the Treasury shall submit to the Committee on Financial Services 

of the House of Representatives and the Committee on Foreign 

Relations of the Senate any written statement presented at the 

meeting by the United States Executive Director concerning the 

United States policy described in subsection (a) or the United States 

position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the 

Board. 

‘‘(c) WAIVER.—The President of the United States may waive 

the application of subsection (a) on a case-by-case basis upon certifying to the Committee on Financial Services of the House of 

Representatives and the Committee on Foreign Relations of the 

Senate that the waiver— 

‘‘(1) substantially promotes the objective of delivering 

humanitarian assistance to the civilian population of Burma, 

including a detailed explanation as to the need for such a 

waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and 

Certification. 

Deadline. 

22 USC 262p–15. 

Time period. 

22 USC 262p–14 

note. 


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135 STAT. 2386 PUBLIC LAW 117–81—DEC. 27, 2021 

the oversight safeguards that will accompany such assistance; 

or 

‘‘(2) is otherwise in the national interest of the United 

States, with a detailed explanation of the reasons therefor. 

‘‘(d) WORLD BANK GROUP DEFINED.—In this section, the term 

‘World Bank Group’ means the International Bank for Reconstruction and Development, the International Development Association, 

the International Finance Corporation, and the Multilateral Investment Guarantee Agency.’’. 

(c) SUNSET.—Section 1631 of the International Financial 

Institutions Act, as added by subsection (b), is repealed on the 

earlier of— 

(1) the date the President of the United States submits 

to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the 

Senate a certification that— 

(A) the Burmese military has released all political prisoners; 

(B) an elected government has been instated following 

free and fair elections; and 

(C) all government institutions involved in the provision of multilateral assistance are fully under civilian control; or 

(2) the date that is 10 years after the date of the enactment 

of this Act. 

SEC. 6105. UNITED STATES POLICY REGARDING INTERNATIONAL 

FINANCIAL INSTITUTION ASSISTANCE WITH RESPECT TO 

ADVANCED WIRELESS TECHNOLOGIES. 

(a) IN GENERAL.—The Secretary of the Treasury (in this section 

referred to as the ‘‘Secretary’’) shall instruct the United States 

Executive Director at each international financial institution (as 

defined in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2))) that it is the policy of the United 

States to— 

(1) support assistance by the institution with respect to 

advanced wireless technologies (such as 5th generation wireless 

technology for digital cellular networks and related technologies) only if the technologies provide appropriate security 

for users; 

(2) proactively encourage assistance with respect to infrastructure or policy reforms that facilitate the use of secure 

advanced wireless technologies; and 

(3) cooperate, to the maximum extent practicable, with 

member states of the institution, particularly with United 

States allies and partners, in order to strengthen international 

support for such technologies. 

(b) WAIVER AUTHORITY.—The Secretary may waive subsection 

(a) on a case-by-case basis, on reporting to the Committee on 

Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver— 

(1) will allow the United States to effectively promote the 

objectives of the policy described in subsection (a); or 

(2) is in the national interest of the United States, with 

an explanation of the reasons therefor. 

(c) PROGRESS REPORT.—The Chairman of the National Advisory 

Council on International Monetary and Financial Policies shall 

Reports. 

22 USC 261 note 

prec. 

President. 

Certification. 

Repeal. 

22 USC 262p–15 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2387 

include in the annual report required by section 1701 of the International Financial Institutions Act (22 U.S.C. 262r) a description 

of progress made toward advancing the policy described in subsection (a) of this section. 

(d) SUNSET.—The preceding provisions of this section shall have 

no force or effect after the earlier of— 

(1) the date that is 7 years after the date of the enactment 

of this Act; or 

(2) the date that the Secretary reports to the committees 

specified in subsection (b) that terminating the effectiveness 

of the provisions is important to the national interest of the 

United States, with a detailed explanation of the reasons 

therefor. 

SEC. 6106. ILLICIT FINANCE IMPROVEMENTS. 

(a) SCOPE OF THE MEETINGS OF THE SUPERVISORY TEAM ON

COUNTERING ILLICIT FINANCE.—Section 6214(b) of the William M. 

(Mac) Thornberry National Defense Authorization Act for Fiscal 

Year 2021 (31 U.S.C. 5311 note) is amended by striking ‘‘to combat 

the risk relating to proliferation financing’’ and inserting ‘‘for the 

purposes of countering illicit finance, including proliferation finance 

and sanctions evasion’’. 

(b) COMBATING RUSSIAN MONEY LAUNDERING.—Section 9714 

of the Combating Russian Money Laundering Act (Public Law 116– 

283) is amended— 

(1) by redesignating subsections (b) and (c) as subsections 

(f) and (g), respectively; and 

(2) by inserting after subsection (a) the following: 

‘‘(b) CLASSIFIED INFORMATION.—In any judicial review of a 

finding of the existence of a primary money laundering concern, 

or of the requirement for 1 or more special measures with respect 

to a primary money laundering concern made under this section, 

if the designation or imposition, or both, were based on classified 

information (as defined in section 1(a) of the Classified Information 

Procedures Act (18 U.S.C. App.), such information may be submitted 

by the Secretary to the reviewing court ex parte and in camera. 

This subsection does not confer or imply any right to judicial review 

of any finding made or any requirement imposed under this section. 

‘‘(c) AVAILABILITY OF INFORMATION.—The exemptions from, and 

prohibitions on, search and disclosure provided in section 5319 

of title 31, United States Code, shall apply to any report or record 

of report filed pursuant to a requirement imposed under subsection 

(a) of this section. For purposes of section 552 of title 5, United 

States Code, this subsection shall be considered a statute described 

in subsection (b)(3)(B) of that section. 

‘‘(d) PENALTIES.—The penalties provided for in sections 5321 

and 5322 of title 31, United States Code, that apply to violations 

of special measures imposed under section 5318A of title 31, United 

States Code, shall apply to violations of any order, regulation, 

special measure, or other requirement imposed under subsection 

(a) of this section, in the same manner and to the same extent 

as described in sections 5321 and 5322. 

‘‘(e) INJUNCTIONS.—The Secretary of the Treasury may bring 

a civil action to enjoin a violation of any order, regulation, special 

measure, or other requirement imposed under subsection (a) of 

this section in the same manner and to the same extent as described 

in section 5320 of title 31, United States Code.’’. 

Applicability. 

Applicability. 

Courts. 

31 USC 5318A. 

134 Stat. 4839. 

Reports. 

Time period. 


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135 STAT. 2388 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 6107. BRIEFING ON DELEGATION OF EXAMINATION AUTHORITY 

UNDER THE BANK SECRECY ACT. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Secretary of the Treasury shall, 

after consultation with State bank supervisors, Federal financial 

regulators, and other relevant stakeholders, conduct a briefing for 

the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs 

of the Senate with respect to the delegation of examination 

authority under the Bank Secrecy Act by the Secretary of the 

Treasury. 

(b) CONTENTS.—The briefing conducted by the Secretary of 

the Treasury pursuant to subsection (a) shall address— 

(1) the current status of the delegation of examination 

authority under the Bank Secrecy Act by the Secretary of 

the Treasury, including with respect to the mission of the 

Bank Secrecy Act; 

(2) how frequently, on average, agencies delegated exam 

authority under the Bank Secrecy Act by the Secretary are 

able to examine entities for which they have delegated authorities; 

(3) whether agencies delegated examination authority 

under the Bank Secrecy Act by the Secretary of the Treasury 

have appropriate resources to perform such delegated responsibilities; and 

(4) whether the examiners within agencies delegated examination authority under the Bank Secrecy Act by the Secretary 

of the Treasury have sufficient training and support to perform 

delegated responsibilities. 

(c) DEFINITIONS.—In this section: 

(1) BANK SECRECY ACT.—The term ‘‘Bank Secrecy Act’’ 

means— 

(A) section 21 of the Federal Deposit Insurance Act 

(12 U.S.C. 1829b); 

(B) section 123 of Public Law 91–508; and 

(C) subchapter II of chapter 53 of title 31, United 

States Code. 

(2) FEDERAL FINANCIAL REGULATORS.—The term ‘‘Federal 

financial regulators’’ means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the 

Comptroller of the Currency, the Commodity Futures Trading 

Commission, the Securities and Exchange Commission, and 

the Commissioner of the Internal Revenue Service. 

(3) STATE BANK SUPERVISORS.—The term ‘‘State bank supervisors’’ has the meaning given the term in section 3 of the 

Federal Deposit Insurance Act (12 U.S.C. 1813). 

TITLE LXII—FOREIGN SERVICE 

FAMILIES ACT OF 2021 

Sec. 6201. Short title. 

Sec. 6202. Telecommuting opportunities. 

Sec. 6203. Employment and education programs for eligible family members of 

members of the Foreign Service. 

Sec. 6204. Briefing on Foreign Service family reserve corps. 

Foreign Service 

Families Act 

of 2021. 

Deadline. 

Consultation. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2389 

Sec. 6205. Treatment of family members seeking positions customarily filled by 

Foreign Service officers or foreign national employees. 

Sec. 6206. In-State tuition rates for members of qualifying Federal service. 

Sec. 6207. Termination of residential or motor vehicle leases and telephone service 

contracts for certain members of the Foreign Service. 

SECTION 6201. SHORT TITLE. 

This title may be cited as the ‘‘Foreign Service Families Act 

of 2021’’. 

SEC. 6202. TELECOMMUTING OPPORTUNITIES. 

(a) DETO POLICY.— (1) IN GENERAL.—Each Federal department and agency 

shall establish a policy enumerating the circumstances under 

which employees may be permitted to temporarily perform 

work requirements and duties from approved overseas locations 

where there is a related Foreign Service assignment pursuant 

to an approved Domestically Employed Teleworking Overseas 

(DETO) agreement, consistent with the requirements under 

section 6502 of title 5, United States code (relating to the 

executive agencies telework requirements), as amended by 

paragraph (2), and DETO requirements, as set forth in the 

Foreign Affairs Manual and Foreign Affairs Handbook of the 

Department of State. 

(2) AMENDMENT.—Section 6502(b) of title 5, United States 

Code, is amended— 

(A) in paragraph (4)(B), by striking ‘‘and’’ after the 

semicolon; 

(B) in paragraph 5, by striking the period at the end 

and inserting ‘‘; and’’ ; and 

(C) by adding at the end the following new paragraph: 

‘‘(6) enumerate the circumstances under which employees 

may be permitted to temporarily perform work requirements 

and duties from approved overseas locations, provided that, 

except in emergency situations as determined by the head 

of the agency, such circumstances shall not include a situation 

in which an employee’s official duties require on at least a 

monthly basis the direct handling of secure materials determined to be inappropriate for telework by the agency head.’’. 

(b) ACCESS TO ICASS SYSTEM.—Not later than 90 days after 

the date of the enactment of this Act, the Secretary of State shall 

revise chapter 900 of volume 6 of the Foreign Affairs Manual, 

the International Cooperative Administrative Support Services 

Handbook, the Personnel Operations Handbook, and any other relevant regulations to allow each Federal agency that has enacted 

a policy under subsection (a) to have access to the International 

Cooperative Administrative Support Services (ICASS) system. 

SEC. 6203. EMPLOYMENT AND EDUCATION PROGRAMS FOR ELIGIBLE 

FAMILY MEMBERS OF MEMBERS OF THE FOREIGN 

SERVICE. 

Section 706(b) of the Foreign Service Act of 1980 (22 U.S.C. 

4026(b)) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘The Secretary may facilitate the 

employment of spouses of members of the Foreign Service 

by—’’ and inserting ‘‘The Secretary shall implement such 

measures as the Secretary considers necessary to facilitate 

Deadline. 

Revision. 

Regulations. 

5 USC 6502 note. 

5 USC 101 note. 


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135 STAT. 2390 PUBLIC LAW 117–81—DEC. 27, 2021 

the employment of spouses and members of the Service. 

The measures may include—’’; 

(B) by redesignating subparagraph (C) as subparagraph (D); and 

(C) by amending subparagraph (C) to read as follows: 

‘‘(C) establishing a program for assisting eligible family 

members in accessing employment and education 

opportunities, as appropriate, including by exercising the 

authorities, in relevant part, under sections 1784 and 1784a 

of title 10, United States Code, and subject to such regulations as the Secretary may prescribe modeled after those 

prescribed pursuant to subsection (b) of such section 1784;’’; 

(2) by redesignating paragraph (2) as paragraph (6); 

(3) by inserting after paragraph (1) the following new paragraphs: 

‘‘(2) The Secretary may prescribe regulations— 

‘‘(A) to provide preference to eligible family members 

in hiring for any civilian position in the Department, notwithstanding the prohibition on marital discrimination 

found in 5 U.S.C. 2302(b)(1)(E), if — 

‘‘(i) the eligible family member is among persons 

determined to be best qualified for the position; and 

‘‘(ii) the position is located in the overseas country 

of assignment of their sponsoring employee; 

‘‘(B) to ensure that notice of any vacant position in 

the Department is provided in a manner reasonably 

designed to reach eligible family members of sponsoring 

employees whose permanent duty stations are in the same 

country as that in which the position is located; and 

‘‘(C) to ensure that an eligible family member who 

applies for a vacant position in the Department shall, to 

the extent practicable, be considered for any such position 

located in the same country as the permanent duty station 

of their sponsoring employee. 

‘‘(3) Nothing in this section may be construed to provide 

an eligible family member with entitlement or preference in 

hiring over an individual who is preference eligible. 

‘‘(4) Under regulations prescribed by the Secretary, a chief 

of mission may, consistent with all applicable laws and regulations pertaining to the ICASS system, make available to an 

eligible family member and a non-Department entity space 

in an embassy or consulate for the purpose of the non-Department entity providing employment-related training for eligible 

family members. 

‘‘(5) The Secretary may work with the Director of the 

Office of Personnel Management and the heads of other Federal 

departments and agencies to expand and facilitate the use 

of existing Federal programs and resources in support of eligible 

family member employment.’’; and 

(4) by adding after paragraph (6), as redesignated by paragraph (2) of this subsection, the following new paragraph: 

‘‘(7) In this subsection, the term ‘eligible family member’ refers 

to family members of government employees assigned abroad or 

hired for service at their post of residence who are appointed 

by the Secretary of State or the Administrator of the United States 

Agency for International Development pursuant to sections 102, 

202, 303, and 311.’’. 

Definition. 

Notice. 

Regulations. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2391 

SEC. 6204. BRIEFING ON FOREIGN SERVICE FAMILY RESERVE CORPS. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of State shall brief the 

appropriate congressional committees on the status of implementation of the Foreign Service Family Reserve Corps. 

(b) ELEMENTS.—The briefing required under subsection (a) shall 

include the following elements: 

(1) A description of the status of implementation of the 

Foreign Service Family Reserve Corps (FSFRC). 

(2) An assessment of the extent to which implementation 

was impacted by the Department’s hiring freeze and a detailed 

explanation of the effect of any such impacts. 

(3) A description of the status of implementation of a hiring 

preference for the FSFRC. 

(4) A detailed accounting of any individuals eligible for 

membership in the FSFRC who were unable to begin working 

at a new location as a result of being unable to transfer their 

security clearance, including an assessment of whether they 

would have been able to port their clearance as a member 

of the FSFRC if the program had been fully implemented. 

(5) An estimate of the number of individuals who are 

eligible to join the FSFRC worldwide and the categories, as 

detailed in the Under Secretary for Management’s guidance 

dated May 3, 2016, under which those individuals would enroll. 

(6) An estimate of the number of individuals who are 

enrolled in the FSFRC worldwide and the categories, as detailed 

in the Under Secretary for Management’s guidance dated May 

3, 2016, under which those individuals enrolled. 

(7) An estimate of the number of individuals who were 

enrolled in each phase of the implementation of the FSFRC 

as detailed in guidance issued by the Under Secretary for 

Management. 

(8) An estimate of the number of individuals enrolled in 

the FSFRC who have successfully transferred a security clearance to a new post since implementation of the program began. 

(9) An estimate of the number of individuals enrolled in 

the FSFRC who have been unable to successfully transfer a 

security clearance to a new post since implementation of the 

program began. 

(10) An estimate of the number of individuals who have 

declined in writing to apply to the FSFRC. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Foreign Relations and the Committee 

on Appropriations of the Senate; and 

(2) the Committee on Foreign Affairs and the Committee 

on Appropriations of the House of Representatives. 

SEC. 6205. TREATMENT OF FAMILY MEMBERS SEEKING POSITIONS 

CUSTOMARILY FILLED BY FOREIGN SERVICE OFFICERS 

OR FOREIGN NATIONAL EMPLOYEES. 

Section 311 of the Foreign Service Act of 1980 (22 U.S.C. 

3951) is amended by adding at the end the following: 

‘‘(e) The Secretary shall hold a family member of a government 

employee described in subsection (a) seeking employment in a position described in that subsection to the same employment standards 

Assessment. 

Assessment. 

Estimates. 

Deadline. 


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135 STAT. 2392 PUBLIC LAW 117–81—DEC. 27, 2021 

as those applicable to Foreign Service officers, Foreign Service 

personnel, or foreign national employees seeking the same or a 

substantially similar position.’’. 

SEC. 6206. IN-STATE TUITION RATES FOR MEMBERS OF QUALIFYING 

FEDERAL SERVICE. 

(a) IN GENERAL.—Section 135 of the Higher Education Act 

of 1965 (20 U.S.C. 1015d) is amended— 

(1) in the section heading, by striking ‘‘THE ARMED FORCES

ON ACTIVE DUTY, SPOUSES, AND DEPENDENT CHILDREN’’ and 

inserting ‘‘QUALIFYING FEDERAL SERVICE’’; 

(2) in subsection (a), by striking ‘‘member of the armed 

forces who is on active duty for a period of more than 30 

days and’’ and inserting ‘‘member of a qualifying Federal 

service’’; 

(3) in subsection (b), by striking ‘‘member of the armed 

forces’’ and inserting ‘‘member of a qualifying Federal service’’; 

and 

(4) by striking subsection (d) and inserting the following: 

‘‘(d) DEFINITIONS.—In this section, the term ‘member of a qualifying Federal service’ means— 

‘‘(1) a member of the armed forces (as defined in section 

101 of title 10, United States Code) who is on active duty 

for a period of more than 30 days (as defined in section 101 

of title 10, United States Code); or 

‘‘(2) a member of the Foreign Service (as defined in section 

103 of the Foreign Service Act of 1980 (22 U.S.C. 3903)) who 

is on active duty for a period of more than 30 days.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect at each public institution of higher education 

in a State that receives assistance under the Higher Education 

Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment 

at such institution that begins after July 1, 2024. 

SEC. 6207. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE 

LEASES AND TELEPHONE SERVICE CONTRACTS FOR CERTAIN MEMBERS OF THE FOREIGN SERVICE. 

(a) IN GENERAL.—Chapter 9 of title I of the Foreign Service 

Act of 1980 (22 U.S.C. 4081 et seq.) is amended by adding at 

the end the following new section: 

‘‘SEC. 907. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE 

LEASES AND TELEPHONE SERVICE CONTRACTS. 

‘‘The terms governing the termination of residential or motor 

vehicle leases and telephone service contracts described in sections 

305 and 305A, respectively, of the Servicemembers Civil Relief 

Act (50 U.S.C. 3955 and 3956) with respect to servicemembers 

who receive military orders described in such Act shall apply in 

the same manner and to the same extent to members of the Service 

who are posted abroad at a Foreign Service post in accordance 

with this Act.’’. 

Applicability. 

22 USC 4087. 

20 USC 1015d 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2393 

(b) CLERICAL AMENDMENT.—The table of contents in section 

2 of the Foreign Service Act of 1980 is amended by inserting 

after the item relating to section 906 the following new item: 

‘‘Sec. 907. Termination of residential or motor vehicle leases and telephone service 

contracts.’’. 

TITLE LXIII—BARRY GOLDWATER 

SCHOLARSHIP AND EXCELLENCE IN 

EDUCATION MODERNIZATION ACT 

Sec. 6301. Short title. 

Sec. 6302. Clarifying amendments to definitions. 

Sec. 6303. Barry Goldwater Scholarship and Excellence in Education Awards. 

Sec. 6304. Stipends. 

Sec. 6305. Scholarship and research internship conditions. 

Sec. 6306. Sustainable investments of funds. 

Sec. 6307. Administrative provisions. 

SEC. 6301. SHORT TITLE. 

This title may be cited as the ‘‘Barry Goldwater Scholarship 

and Excellence in Education Modernization Act of 2021’’. 

SEC. 6302. CLARIFYING AMENDMENTS TO DEFINITIONS. 

Section 1403 of the Barry Goldwater Scholarship and Excellence 

in Education Act (20 U.S.C. 4702) is amended— 

(1) by striking paragraph (5) and inserting the following 

new paragraph (5): 

‘‘(5) The term ‘State’ means each of the 50 States, the 

District of Columbia, the Commonwealth of Puerto Rico, Guam, 

the United States Virgin Islands, American Samoa, the 

Commonwealth of the Northern Mariana Islands, the Republic 

of the Marshall Islands, the Federated States of Micronesia, 

the Republic of Palau, and any other territory or possession 

of the United States.’’; and 

(2) by striking paragraph (6), by inserting the following 

new paragraph (6): 

‘‘(6) The term ‘eligible person’ means— 

‘‘(A) a permanent resident alien of the United States; 

‘‘(B) a citizen or national of the United States; 

‘‘(C) a citizen of the Republic of the Marshall Islands, 

the Federal States of Micronesia, or the Republic of Palau; 

or 

‘‘(D) any person who may be admitted to lawfully 

engage in occupations and establish residence as a nonimmigrant in the United States as permitted under the 

Compact of Free Association agreements with the Republic 

of the Marshall Islands, the Federal States of Micronesia, 

or the Republic of Palau.’’. 

SEC. 6303. BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN 

EDUCATION AWARDS. 

(a) AWARD OF SCHOLARSHIPS, FELLOWSHIPS, AND RESEARCH

INTERNSHIPS.—Section 1405(a) of the Barry Goldwater Scholarship 

and Excellence in Education Act (20 U.S.C. 4704(a)) is amended— 

(1) in the subsection heading, by striking ‘‘AWARD OF

SCHOLARSHIPS AND FELLOWSHIPS’’ and inserting ‘‘AWARD OF

SCHOLARSHIPS, FELLOWSHIPS, AND RESEARCH INTERNSHIPS’’; 

20 USC 4701 

note. 

Barry Goldwater 

Scholarship and 

Excellence in 

Education 

Modernization 

Act of 2021. 


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135 STAT. 2394 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) in paragraph (1)— 

(A) by striking ‘‘scholarships and fellowships’’ and 

inserting ‘‘scholarships, fellowships, and research internships’’; and 

(B) by striking ‘‘science and mathematics’’ and 

inserting ‘‘the natural sciences, engineering, and mathematics’’; 

(3) in paragraph (2), by striking ‘‘mathematics and the 

natural sciences’’ and inserting ‘‘the natural sciences, 

engineering, and mathematics, which shall be prioritized for 

students attending community colleges and minority-serving 

institutions specified in section 371(a) of the Higher Education 

Act of 1965 (20 U.S.C. 1067q(a))’’; 

(4) in paragraph (3), by striking ‘‘mathematics and the 

natural sciences’’ and inserting ‘‘the natural sciences, 

engineering, and mathematics’’; 

(5) by redesignating paragraph (4) as paragraph (5); 

(6) in paragraph (5), as so redesignated, by striking ‘‘scholarships and fellowships’’ and inserting ‘‘scholarships, fellowships, and research internships’’; and 

(7) by inserting after paragraph (3) the following: 

‘‘(4) Research internships shall be awarded to outstanding 

undergraduate students who intend to pursue careers in the 

natural sciences, engineering, and mathematics, which shall 

be prioritized for students attending community colleges and 

minority-serving institutions specified in section 371(a) of the 

Higher Education Act of 1965 (20 U.S.C. 1067q(a)).’’. 

(b) BARRY GOLDWATER SCHOLARS AND RESEARCH INTERNS.— Section 1405(b) of the Barry Goldwater Scholarship and Excellence 

in Education Act (20 U.S.C. 4704(b)) is amended— 

(1) in the subsection heading, by adding ‘‘AND RESEARCH

INTERNS’’ after ‘‘SCHOLARS’’; and 

(2) by adding at the end the following new sentence: 

‘‘Recipients of research internships under this title shall be 

known as ‘Barry Goldwater Interns’.’’. 

SEC. 6304. STIPENDS. 

Section 1406 of the Barry Goldwater Scholarship and Excellence 

in Education Act (20 U.S.C. 4705) is amended by adding at the 

end the following: ‘‘Each person awarded a research internship 

under this title shall receive a stipend as may be prescribed by 

the Board, which shall not exceed the maximum stipend amount 

awarded for a scholarship or fellowship.’’. 

SEC. 6305. SCHOLARSHIP AND RESEARCH INTERNSHIP CONDITIONS. 

Section 1407 of the Barry Goldwater Scholarship and Excellence 

in Education Act (20 U.S.C. 4706) is amended— 

(1) in the section heading, by inserting ‘‘AND RESEARCH

INTERNSHIP’’ after ‘‘SCHOLARSHIP’’; 

(2) in subsection (a)— 

(A) by striking the subsection heading and inserting 

‘‘SCHOLARSHIP CONDITIONS’’; and 

(B) by striking ‘‘and devoting full time to study or 

research and is not engaging in gainful employment other 

than employment approved by the Foundation’’; 

(3) in subsection (b), by striking the subsection heading 

and inserting ‘‘REPORTS ON SCHOLARSHIPS’’; and 

(4) by adding at the end the following: 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2395 

‘‘(c) RESEARCH INTERNSHIP CONDITIONS.—A person awarded a 

research internship under this title may receive payments authorized under this title only during such periods as the Foundation 

finds that the person is maintaining satisfactory proficiency pursuant to regulations of the Board. 

‘‘(d) REPORTS ON RESEARCH INTERNSHIPS.—The Foundation may 

require reports containing such information in such form and to 

be filed at such times as the Foundation determines to be necessary 

from any person awarded a research internship under this title. 

Such reports may be accompanied by a certificate from an appropriate official at the institution of higher education or internship 

employer, approved by the Foundation, stating that such person 

is maintaining satisfactory progress in the internship.’’. 

SEC. 6306. SUSTAINABLE INVESTMENTS OF FUNDS. 

Section 1408 of the Barry Goldwater Scholarship and Excellence 

in Education Act (20 U.S.C. 4707) is amended— 

(1) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; and 

(2) by inserting after subsection (b) the following: 

‘‘(c) INVESTMENT IN SECURITIES.—Notwithstanding subsection 

(b), the Secretary of the Treasury may invest any public or private 

funds received by the Foundation after the date of enactment of 

the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021 in securities other than or in addition to 

public debt securities of the United States, if— 

‘‘(1) the Secretary receives a determination from the Board 

that such investments are necessary to enable the Foundation 

to carry out the purposes of this title; and 

‘‘(2) the securities in which such funds are invested are 

traded in established United States markets. 

‘‘(d) CONSTRUCTION.—Nothing in this section shall be construed 

to limit the authority of the Board to increase the number of 

scholarships provided under section 4704, or to increase the amount 

of the stipend authorized by section 4705, as the Board considers 

appropriate and is otherwise consistent with the requirements of 

this title.’’. 

SEC. 6307. ADMINISTRATIVE PROVISIONS. 

Section 1411(a) of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4710(a)) is amended— 

(1) by striking paragraph (1) and inserting the following: 

‘‘(1) appoint and fix the rates of basic pay of not more 

than three employees (in addition to the Executive Secretary 

appointed under section 4709) to carry out the provisions of 

this title, without regard to the provisions in chapter 33 of 

title 5, United States Code, governing appointment in the 

competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that— 

‘‘(A) a rate of basic pay set under this paragraph may 

not exceed the maximum rate provided for employees in 

grade GS–15 of the General Schedule under section 5332 

of title 5, United States Code; and 

‘‘(B) the employee shall be entitled to the applicable 

locality-based comparability payment under section 5304 

of title 5, United States Code, subject to the applicable 

limitation established under subsection (g) of such section;’’; 

Determination. 

Certification. 

Determination. 


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135 STAT. 2396 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) in paragraph (2), by striking ‘‘grade GS–18 under section 

5332 of such title’’ and inserting ‘‘level IV of the Executive 

Schedule’’; 

(3) in paragraph (7), by striking ‘‘and’’ at the end; 

(4) by redesignating paragraph (8) as paragraph (10); and 

(5) by inserting after paragraph (7) the following: 

‘‘(8) expend not more than 5 percent of the Foundation’s 

annual operating budget on programs that, in addition to or 

in conjunction with the Foundation’s scholarship financial 

awards, support the development of Goldwater Scholars 

throughout their professional careers; 

‘‘(9) expend not more than 5 percent of the Foundation’s 

annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and’’. 

TITLE LXIV—DEPARTMENT OF 

HOMELAND SECURITY MEASURES 

Subtitle A—DHS Headquarters, Research and Development, and Related Matters 

Sec. 6401. Employee engagement steering committee and action plan. 

Sec. 6402. Annual employee award program. 

Sec. 6403. Chief Human Capital Officer responsibilities. 

Sec. 6404. Independent investigation and implementation plan. 

Sec. 6405. Authorization of the acquisition professional career program. 

Sec. 6406. National urban security technology laboratory. 

Sec. 6407. Department of Homeland Security Blue Campaign enhancement. 

Sec. 6408. Medical countermeasures program. 

Sec. 6409. Critical domain research and development. 

Sec. 6410. CBP Donations Acceptance Program Reauthorization. 

Subtitle B—Transportation Security 

Sec. 6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response. 

Sec. 6412. Transportation Security Preparedness Plan. 

Sec. 6413. Authorization of Transportation Security Administration personnel details. 

Sec. 6414. Transportation Security Administration preparedness. 

Sec. 6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints. 

Sec. 6416. Comptroller General review of Department of Homeland Security trusted traveler programs. 

Sec. 6417. Enrollment redress with respect to Department of Homeland Security 

trusted traveler programs. 

Sec. 6418. Threat information sharing. 

Sec. 6419. Local law enforcement security training. 

Sec. 6420. Allowable uses of funds for public transportation security assistance 

grants. 

Sec. 6421. Periods of performance for public transportation security assistance 

grants. 

Sec. 6422. GAO review of public transportation security assistance grant program. 

Sec. 6423. Sensitive security information; aviation security. 

Subtitle A—DHS Headquarters, Research 

and Development, and Related Matters 

SEC. 6401. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND 

ACTION PLAN. 

(a) IN GENERAL.—Title VII of the Homeland Security Act of 

2002 (6 U.S.C. 341 et seq.) is amended by adding at the end 

the following new section: 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2397 

‘‘SEC. 711. EMPLOYEE ENGAGEMENT. 

‘‘(a) STEERING COMMITTEE.—Not later than 120 days after the 

date of the enactment of this section, the Secretary shall establish 

an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and 

employee labor organizations that represent Department employees, 

and chaired by the Under Secretary for Management, to carry 

out the following activities: 

‘‘(1) Identify factors that have a negative impact on 

employee engagement, morale, and communications within the 

Department, such as perceptions about limitations on career 

progression, mobility, or development opportunities, collected 

through employee feedback platforms, including through annual 

employee surveys, questionnaires, and other communications, 

as appropriate. 

‘‘(2) Identify, develop, and distribute initiatives and best 

practices to improve employee engagement, morale, and communications within the Department, including through annual 

employee surveys, questionnaires, and other communications, 

as appropriate. 

‘‘(3) Monitor efforts of each component to address employee 

engagement, morale, and communications based on employee 

feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. 

‘‘(4) Advise the Secretary on efforts to improve employee 

engagement, morale, and communications within specific 

components and across the Department. 

‘‘(5) Conduct regular meetings and report, not less than 

once per quarter, to the Under Secretary for Management, 

the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and 

communications. 

‘‘(b) ACTION PLAN; REPORTING.—The Secretary, acting through 

the Chief Human Capital Officer, shall— 

‘‘(1) not later than 120 days after the date of the establishment of the employee engagement steering committee under 

subsection (a), issue a Departmentwide employee engagement 

action plan, reflecting input from the steering committee and 

employee feedback provided through annual employee surveys, 

questionnaires, and other communications in accordance with 

paragraph (1) of such subsection, to execute strategies to 

improve employee engagement, morale, and communications 

within the Department; and 

‘‘(2) require the head of each component to— 

‘‘(A) develop and implement a component-specific 

employee engagement plan to advance the action plan 

required under paragraph (1) that includes performance 

measures and objectives, is informed by employee feedback 

provided through annual employee surveys, questionnaires, 

and other communications, as appropriate, and sets forth 

how employees and, where applicable, their labor representatives are to be integrated in developing programs and 

initiatives; 

‘‘(B) monitor progress on implementation of such action 

plan; and 

Requirements. 

Reports. 

Deadlines. 

6 USC 351. 

Establishment. 


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‘‘(C) provide to the Chief Human Capital Officer and 

the steering committee quarterly reports on actions planned 

and progress made under this paragraph. 

‘‘(c) TERMINATION.—This section shall terminate on the date 

that is five years after the date of the enactment of this section.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 is amended by inserting 

after the item relating to section 710 the following new item: 

‘‘Sec. 711. Employee engagement.’’. 

(c) SUBMISSIONS TO CONGRESS.— 

(1) DEPARTMENT-WIDE EMPLOYEE ENGAGEMENT ACTION

PLAN.—The Secretary of Homeland Security, acting through 

the Chief Human Capital Officer of the Department of Homeland Security, shall submit to the Committee on Homeland 

Security of the House of Representatives and the Committee 

on Homeland Security and Governmental Affairs of the Senate 

the Department-wide employee engagement action plan 

required under subsection (b)(1) of section 711 of the Homeland 

Security Act of 2002 (as added by subsection (a) of this section) 

not later than 30 days after the issuance of such plan under 

such subsection (b)(1). 

(2) COMPONENT-SPECIFIC EMPLOYEE ENGAGEMENT PLANS.— Each head of a component of the Department of Homeland 

Security shall submit to the Committee on Homeland Security 

of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the 

component-specific employee engagement plan of each such 

component required under subsection (b)(2) of section 711 of 

the Homeland Security Act of 2002 not later than 30 days 

after the issuance of each such plan under such subsection 

(b)(2). 

SEC. 6402. ANNUAL EMPLOYEE AWARD PROGRAM. 

(a) IN GENERAL.—Title VII of the Homeland Security Act of 

2002 (6 U.S.C. 341 et seq.), as amended by section 6401 of this 

Act, is further amended by adding at the end the following new 

section: 

‘‘SEC. 712. ANNUAL EMPLOYEE AWARD PROGRAM. 

‘‘(a) IN GENERAL.—The Secretary may establish an annual 

employee award program to recognize Department employees or 

groups of employees for significant contributions to the achievement 

of the Department’s goals and missions. If such a program is established, the Secretary shall— 

‘‘(1) establish within such program categories of awards, 

each with specific criteria, that emphasize honoring employees 

who are at the nonsupervisory level; 

‘‘(2) publicize within the Department how any employee 

or group of employees may be nominated for an award; 

‘‘(3) establish an internal review board comprised of representatives from Department components, headquarters, and 

field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; 

‘‘(4) select recipients from the pool of nominees submitted 

by the internal review board under paragraph (3) and convene 

a ceremony at which employees or groups of employees receive 

such awards from the Secretary; and 

Establishment. 

Recommendations. 

Criteria. 

6 USC 352. 

Deadline. 

6 USC 351 note. 


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‘‘(5) publicize such program within the Department. 

‘‘(b) INTERNAL REVIEW BOARD.—The internal review board 

described in subsection (a)(3) shall, when carrying out its function 

under such subsection, consult with representatives from operational components and headquarters, including supervisory and 

nonsupervisory personnel, and employee labor organizations that 

represent Department employees. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary 

bonuses to recipients of an award under this section.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002, as amended by section 

6401 of this Act, is further amended by inserting after the item 

relating to section 711 the following new item: 

‘‘Sec. 712. Annual employee award program.’’. 

SEC. 6403. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES. 

Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 

344) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘, including with respect to leader 

development and employee engagement,’’ after ‘‘policies’’; 

(ii) by striking ‘‘and in line’’ and inserting ‘‘, in 

line’’; and 

(iii) by inserting ‘‘and informed by best practices 

within the Federal Government and the private sector,’’ 

after ‘‘priorities,’’; 

(B) in paragraph (2), by striking ‘‘develop performance 

measures to provide a basis for monitoring and evaluating’’ 

and inserting ‘‘use performance measures to evaluate, on 

an ongoing basis,’’; 

(C) in paragraph (3), by inserting ‘‘that, to the extent 

practicable, are informed by employee feedback’’ after ‘‘policies’’; 

(D) in paragraph (4), by inserting ‘‘including leader 

development and employee engagement programs,’’ before 

‘‘in coordination’’; 

(E) in paragraph (5), by inserting before the semicolon 

at the end the following: ‘‘that is informed by an assessment, carried out by the Chief Human Capital Officer, 

of the learning and developmental needs of employees in 

supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives’’; 

(F) by redesignating paragraphs (9) and (10) as paragraphs (13) and (14), respectively; and 

(G) by inserting after paragraph (8) the following new 

paragraphs: 

‘‘(9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation 

Program pursuant to section 844, departmental leadership 

development programs, interagency development programs, and 

other rotational programs; 

‘‘(10) ensure that employee discipline and adverse action 

programs comply with the requirements of all pertinent laws, 

Consultation. 


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rules, regulations, and Federal guidance, and ensure due 

process for employees; 

‘‘(11) analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 

90 days after the date of the publication of each such survey 

and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or 

morale within the Department; 

‘‘(12) review and approve all component employee engagement action plans to ensure such plans include initiatives 

responsive to the root cause of employee engagement challenges, 

as well as outcome-based performance measures and targets 

to track the progress of such initiatives;’’; 

(2) by redesignating subsections (d) and (e) as subsections 

(e) and (f), respectively; 

(3) by inserting after subsection (c) the following new subsection: 

‘‘(d) CHIEF LEARNING AND ENGAGEMENT OFFICER.—The Chief 

Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to 

assist the Chief Human Capital Officer in carrying out this section.’’; 

and 

(4) in subsection (e), as so redesignated— 

(A) by redesignating paragraphs (2), (3), and (4) as 

paragraphs (5), (6), and (7), respectively; and 

(B) by inserting after paragraph (1) the following new 

paragraphs: 

‘‘(2) information on employee development opportunities 

catalogued pursuant to paragraph (9) of subsection (b) and 

any available data on participation rates, attrition rates, and 

impacts on retention and employee satisfaction; 

‘‘(3) information on the progress of Departmentwide strategic workforce planning efforts as determined under paragraph 

(2) of subsection (b); 

‘‘(4) information on the activities of the steering committee 

established pursuant to section 711(a), including the number 

of meetings, types of materials developed and distributed, and 

recommendations made to the Secretary;’’. 

SEC. 6404. INDEPENDENT INVESTIGATION AND IMPLEMENTATION 

PLAN. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Comptroller General of the United 

States shall investigate whether the application in the Department 

of Homeland Security of discipline and adverse actions for managers 

and non-managers are administered in an equitable and consistent 

manner that results in the same or substantially similar disciplinary outcomes across the Department that are appropriately calibrated to address the identified misconduct, taking into account 

relevant aggravating and mitigating factors. 

(b) CONSULTATION.—In carrying out the investigation described 

in subsection (a), the Comptroller General of the United States 

shall consult with the Under Secretary for Management of the 

Department of Homeland Security and the employee engagement 

steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by section 

6401(a) of this Act). 

Deadline. 

6 USC 411 note. 

Analysis. 

Deadline. 

Recommendations. 


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(c) ACTION BY UNDER SECRETARY FOR MANAGEMENT.—Upon 

completion of the investigation described in subsection (a), the 

Under Secretary for Management of the Department of Homeland 

Security shall review the findings and recommendations of such 

investigation and implement a plan, in consultation with the 

employee engagement steering committee established pursuant to 

subsection (b)(1) of section 711 of the Homeland Security Act of 

2002, to correct any relevant deficiencies identified by the Comptroller General of the United States in such investigation. The 

Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee 

activities and action plans authorized under such section 711. 

SEC. 6405. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL 

CAREER PROGRAM. 

(a) IN GENERAL.—Title VII of the Homeland Security Act of 

2002 (6 U.S.C. 341 et seq.), as amended by sections 6401 and 

6402 of this Act, is further amended by adding at the end the 

following new section: 

‘‘SEC. 713. ACQUISITION PROFESSIONAL CAREER PROGRAM. 

‘‘(a) ESTABLISHMENT.—There is established in the Department 

an acquisition professional career program to develop a cadre of 

acquisition professionals within the Department. 

‘‘(b) ADMINISTRATION.—The Under Secretary for Management 

shall administer the acquisition professional career program established pursuant to subsection (a). 

‘‘(c) PROGRAM REQUIREMENTS.—The Under Secretary for 

Management shall carry out the following with respect to the 

acquisition professional career program. 

‘‘(1) Designate the occupational series, grades, and number 

of acquisition positions throughout the Department to be 

included in the program and manage centrally such positions. 

‘‘(2) Establish and publish on the Department’s website 

eligibility criteria for candidates to participate in the program. 

‘‘(3) Carry out recruitment efforts to attract candidates— 

‘‘(A) from institutions of higher education, including 

such institutions with established acquisition specialties 

and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; 

‘‘(B) with diverse work experience outside of the Federal Government; or 

‘‘(C) with military service. 

‘‘(4) Hire eligible candidates for designated positions under 

the program. 

‘‘(5) Develop a structured program comprised of acquisition 

training, on-the-job experience, Department-wide rotations, 

mentorship, shadowing, and other career development 

opportunities for program participants. 

‘‘(6) Provide, beyond required training established for program participants, additional specialized acquisition training, 

including small business contracting and innovative acquisition 

techniques training. 

‘‘(d) REPORTS.—Not later than one year after the date of the 

enactment of this section, and annually thereafter through 2027, 

the Secretary shall submit to the Committee on Homeland Security 

of the House of Representatives and the Committee on Homeland 

Security and Governmental Affairs of the Senate a report on the 

Web posting. 

Criteria. 

6 USC 353. 

Reviews. 

Consultation. 


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acquisition professional career program. Each such report shall 

include the following information: 

‘‘(1) The number of candidates approved for the program. 

‘‘(2) The number of candidates who commenced participation in the program, including generalized information on such 

candidates’ backgrounds with respect to education and prior 

work experience, but not including personally identifiable 

information. 

‘‘(3) A breakdown of the number of participants hired under 

the program by type of acquisition position. 

‘‘(4) A list of Department components and offices that 

participated in the program and information regarding length 

of time of each program participant in each rotation at such 

components or offices. 

‘‘(5) Program attrition rates and post-program graduation 

retention data, including information on how such data compare 

to the prior year’s data, as available. 

‘‘(6) The Department’s recruiting efforts for the program. 

‘‘(7) The Department’s efforts to promote retention of program participants. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) HISPANIC-SERVING INSTITUTION.—The term ‘Hispanicserving institution’ has the meaning given such term in section 

502 of the Higher Education Act of 1965 (20 U.S.C. 1101a). 

‘‘(2) HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.— 

The term ‘historically Black colleges and universities’ has the 

meaning given the term ‘part B institution’ in section 322(2) 

of Higher Education Act of 1965 (20 U.S.C. 1061(2)). 

‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given such term 

in section 101 of the Higher Education Act of 1965 (20 U.S.C. 

1001).’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002, as amended by sections 

6401 and 6402 of this Act, is further amended by inserting after 

the item relating to section 712 the following new item: 

‘‘Sec. 713. Acquisition professional career program.’’. 

SEC. 6406. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY. 

(a) IN GENERAL.—Title III of the Homeland Security Act of 

2002 (6 U.S.C. 181 et seq.) is amended by adding at the end 

the following new section: 

‘‘SEC. 322. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY. 

‘‘(a) IN GENERAL.—The Secretary, acting through the Under 

Secretary for Science and Technology, shall designate the laboratory 

described in subsection (b) as an additional laboratory pursuant 

to the authority under section 308(c)(2) of this Act. Such laboratory 

shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. 

‘‘(b) LABORATORY DESCRIBED.—The laboratory described in this 

subsection is the laboratory— 

‘‘(1) known, as of the date of the enactment of this section, 

as the National Urban Security Technology Laboratory; and 

‘‘(2) transferred to the Department pursuant to section 

303(1)(E) of this Act. 

Designation. 

6 USC 195h. 

List. 


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‘‘(c) LABORATORY ACTIVITIES.—The National Urban Security 

Technology Laboratory shall— 

‘‘(1) conduct tests, evaluations, and assessments of current 

and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, 

for emergency response providers; 

‘‘(2) act as a technical advisor to emergency response providers; and 

‘‘(3) carry out other such activities as the Secretary determines appropriate. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section may 

be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office 

of the Department.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 is further amended 

by inserting after the item relating to section 321 the following 

new item: 

‘‘Sec. 322. National Urban Security Technology Laboratory.’’. 

SEC. 6407. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN 

ENHANCEMENT. 

Section 434 of the Homeland Security Act of 2002 (6 U.S.C. 

242) is amended— 

(1) in subsection (e)(6), by striking ‘‘utilizing resources,’’ 

and inserting ‘‘developing and utilizing, in consultation with 

the Blue Campaign Advisory Board established pursuant to 

subsection (g), resources’’; and 

(2) by adding at the end the following new subsections: 

‘‘(f) WEB-BASED TRAINING PROGRAMS.—To enhance training 

opportunities, the Director of the Blue Campaign shall develop 

web-based interactive training videos that utilize a learning 

management system to provide online training opportunities. 

During the 10-year period beginning on the date that is 90 days 

after the date of the enactment of this subsection such training 

opportunities shall be made available to the following individuals: 

‘‘(1) Federal, State, local, Tribal, and territorial law enforcement officers. 

‘‘(2) Non-Federal correction system personnel. 

‘‘(3) Such other individuals as the Director determines 

appropriate. 

‘‘(g) BLUE CAMPAIGN ADVISORY BOARD.— 

‘‘(1) IN GENERAL.—There is established in the Department 

a Blue Campaign Advisory Board, which shall be comprised 

of representatives assigned by the Secretary from— 

‘‘(A) the Office for Civil Rights and Civil Liberties 

of the Department; 

‘‘(B) the Privacy Office of the Department; and 

‘‘(C) not fewer than four other separate components 

or offices of the Department. 

‘‘(2) CHARTER.—The Secretary is authorized to issue a 

charter for the Blue Campaign Advisory Board, and such 

charter shall specify the following: 

‘‘(A) The Board’s mission, goals, and scope of its activities. 

‘‘(B) The duties of the Board’s representatives. 

‘‘(C) The frequency of the Board’s meetings. 

Establishment. 

Time period. 

Effective date. 


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‘‘(3) CONSULTATION.—The Director shall consult the Blue 

Campaign Advisory Board and, as appropriate, experts from 

other components and offices of the Center for Countering 

Human Trafficking of the Department regarding the following: 

‘‘(A) Recruitment tactics used by human traffickers 

to inform the development of training and materials by 

the Blue Campaign. 

‘‘(B) The development of effective awareness tools for 

distribution to Federal and non-Federal officials to identify 

and prevent instances of human trafficking. 

‘‘(C) Identification of additional persons or entities that 

may be uniquely positioned to recognize signs of human 

trafficking and the development of materials for such persons. 

‘‘(h) CONSULTATION.—With regard to the development of programs under the Blue Campaign and the implementation of such 

programs, the Director is authorized to consult with State, local, 

Tribal, and territorial agencies, non-governmental organizations, 

private sector organizations, and experts.’’. 

SEC. 6408. MEDICAL COUNTERMEASURES PROGRAM. 

(a) IN GENERAL.—Subtitle C of title XIX of the Homeland 

Security Act of 2002 (6 U.S.C. 597) is amended by adding at 

the end the following new section: 

‘‘SEC. 1932. MEDICAL COUNTERMEASURES. 

‘‘(a) IN GENERAL.—Subject to the availability of appropriations, 

the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to— 

‘‘(1) facilitate personnel readiness and protection for the 

employees and working animals of the Department in the event 

of a chemical, biological, radiological, nuclear, or explosives 

attack, naturally occurring disease outbreak, other event 

impacting health, or pandemic; and 

‘‘(2) support the mission continuity of the Department. 

‘‘(b) OVERSIGHT.—The Secretary, acting through the Chief Medical Officer of the Department, shall— 

‘‘(1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and 

‘‘(2) develop standards for— 

‘‘(A) medical countermeasure storage, security, dispensing, and documentation; 

‘‘(B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate; 

‘‘(C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance 

prepositioning by vendors of inventories of appropriate 

medical countermeasures in strategic locations nationwide, 

based on risk and employee density, in accordance with 

applicable Federal statutes and regulations; 

‘‘(D) providing oversight and guidance regarding the 

dispensing of stockpiled medical countermeasures; 

‘‘(E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, 

nuclear, or explosives attack, naturally occurring disease 

outbreak, other event impacting health, or pandemic; 

Standards. 

6 USC 597a. 


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‘‘(F) providing training to employees of the Department 

on medical countermeasures; and 

‘‘(G) supporting dispensing exercises. 

‘‘(c) MEDICAL COUNTERMEASURES WORKING GROUP.—The Secretary, acting through the Chief Medical Officer of the Department, 

shall establish a medical countermeasures working group comprised 

of representatives from appropriate components and offices of the 

Department to ensure that medical countermeasures standards are 

maintained and guidance is consistent. 

‘‘(d) MEDICAL COUNTERMEASURES MANAGEMENT.—Not later 

than 120 days after the date on which appropriations are made 

available to carry out subsection (a), the Chief Medical Officer 

shall develop and submit to the Secretary an integrated logistics 

support plan for medical countermeasures, including— 

‘‘(1) a methodology for determining the ideal types and 

quantities of medical countermeasures to stockpile and how 

frequently such methodology shall be reevaluated; 

‘‘(2) a replenishment plan; and 

‘‘(3) inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure 

purchases. 

‘‘(e) TRANSFER.—Not later than 120 days after the date of 

enactment of this section, the Secretary shall transfer all medical 

countermeasures-related programmatic and personnel resources 

from the Under Secretary for Management to the Chief Medical 

Officer. 

‘‘(f) STOCKPILE ELEMENTS.—In determining the types and quantities of medical countermeasures to stockpile under subsection 

(d), the Secretary, acting through the Chief Medical Officer of 

the Department— 

‘‘(1) shall use a risk-based methodology for evaluating types 

and quantities of medical countermeasures required; and 

‘‘(2) may use, if available— 

‘‘(A) chemical, biological, radiological, and nuclear risk 

assessments of the Department; and 

‘‘(B) guidance on medical countermeasures of the Office 

of the Assistant Secretary for Preparedness and Response 

and the Centers for Disease Control and Prevention. 

‘‘(g) BRIEFING.—Not later than 180 days after the date of enactment of this section, the Secretary shall provide a briefing to 

the Committee on Homeland Security and Governmental Affairs 

of the Senate and the Committee on Homeland Security of the 

House of Representatives regarding— 

‘‘(1) the plan developed under subsection (d); and 

‘‘(2) implementation of the requirements of this section. 

‘‘(h) DEFINITION.—In this section, the term ‘medical countermeasures’ means antibiotics, antivirals, antidotes, therapeutics, 

radiological countermeasures, and other countermeasures that may 

be deployed to protect the employees and working animals of the 

Department in the event of a chemical, biological, radiological, 

nuclear, or explosives attack, naturally occurring disease outbreak, 

other event impacting health, or pandemic.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 is further amended 

by inserting after the item relating to section 1931 the following 

new item: 

‘‘Sec. 1932. Medical countermeasures.’’. 

Deadline. 

Determination. 

Deadline. 

Inventory. 

Procedures. 

Plan. 

Deadline. 

Plan. 


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135 STAT. 2406 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 6409. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—Subtitle H of title VIII of the Homeland 

Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding 

at the end the following new section: 

‘‘SEC. 890B. HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND 

DEVELOPMENT. 

‘‘(a) IN GENERAL.— 

‘‘(1) RESEARCH AND DEVELOPMENT.—The Secretary is 

authorized to conduct research and development to— 

‘‘(A) identify United States critical domains for economic security and homeland security; and 

‘‘(B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain 

poses a substantial threat to homeland security. 

‘‘(2) REQUIREMENTS.— 

‘‘(A) RISK ANALYSIS OF CRITICAL DOMAINS.—The 

research under paragraph (1) shall include a risk analysis 

of each identified United States critical domain for economic security to determine the degree to which there 

exists a present or future threat to homeland security 

in the event of disruption, corruption, exploitation, or 

dysfunction to such domain. Such research shall consider, 

to the extent possible, the following: 

‘‘(i) The vulnerability and resilience of relevant 

supply chains. 

‘‘(ii) Foreign production, processing, and manufacturing methods. 

‘‘(iii) Influence of malign economic actors. 

‘‘(iv) Asset ownership. 

‘‘(v) Relationships within the supply chains of such 

domains. 

‘‘(vi) The degree to which the conditions referred 

to in clauses (i) through (v) would place such a domain 

at risk of disruption, corruption, exploitation, or 

dysfunction. 

‘‘(B) ADDITIONAL RESEARCH INTO HIGH-RISK CRITICAL

DOMAINS.—Based on the identification and risk analysis 

of United States critical domains for economic security 

pursuant to paragraph (1) and subparagraph (A) of this 

paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the 

highest degree of a present or future threat to homeland 

security in the event of disruption, corruption, exploitation, 

or dysfunction to such a domain. For each such highrisk domain, or element thereof, such research shall— 

‘‘(i) describe the underlying infrastructure and 

processes; 

‘‘(ii) analyze present and projected performance of 

industries that comprise or support such domain; 

‘‘(iii) examine the extent to which the supply chain 

of a product or service necessary to such domain is 

concentrated, either through a small number of 

sources, or if multiple sources are concentrated in one 

geographic area; 

Examination. 

Analysis. 

Determination. 

Evaluation. 

6 USC 474. 


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‘‘(iv) examine the extent to which the demand for 

supplies of goods and services of such industries can 

be fulfilled by present and projected performance of 

other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, 

and identify the barriers to the participation of such 

other industries; 

‘‘(v) consider each such domain’s performance 

capacities in stable economic environments, adversarial 

supply conditions, and under crisis economic constraints; 

‘‘(vi) identify and define needs and requirements 

to establish supply resiliency within each such domain; 

and 

‘‘(vii) consider the effects of sector consolidation, 

including foreign consolidation, either through mergers 

or acquisitions, or due to recent geographic realignment, on such industries’ performances. 

‘‘(3) CONSULTATION.—In conducting the research under 

paragraph (1) and subparagraph (B) of paragraph (2), the Secretary may consult with appropriate Federal agencies, State 

agencies, and private sector stakeholders. 

‘‘(4) PUBLICATION.—Beginning one year after the date of 

the enactment of this section, the Secretary shall publish a 

report containing information relating to the research under 

paragraph (1) and subparagraph (B) of paragraph (2), including 

findings, evidence, analysis, and recommendations. Such report 

shall be updated annually through 2026. 

‘‘(b) SUBMISSION TO CONGRESS.—Not later than 90 days after 

the publication of each report required under paragraph (4) of 

subsection (a), the Secretary shall transmit to the Committee on 

Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the 

Senate each such report, together with a description of actions 

the Secretary, in consultation with appropriate Federal agencies, 

will undertake or has undertaken in response to each such report. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) UNITED STATES CRITICAL DOMAINS FOR ECONOMIC SECURITY.—The term ‘United States critical domains for economic 

security’ means the critical infrastructure and other associated 

industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security 

of the United States. 

‘‘(2) ECONOMIC SECURITY.—The term ‘economic security’ 

means the condition of having secure and resilient domestic 

production capacity, combined with reliable access to the global 

resources necessary to maintain an acceptable standard of 

living and to protect core national values. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated $1,000,000 for each of fiscal years 2022 through 

2026 to carry out this section.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 is further amended 

by inserting after the item relating to section 890A the following 

new item: 

‘‘Sec. 890B. Homeland security critical domain research and development.’’. 

Time period. 

Deadline. 

Consultation. 

Updates. 

Time period. 

Effective date. 

Reports. 

Recommendations. 

Examination. 


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135 STAT. 2408 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 6410. CBP DONATIONS ACCEPTANCE PROGRAM REAUTHORIZATION. 

Section 482 of the Homeland Security Act of 2002 (6 U.S.C. 

301a) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in subparagraph (B), by inserting ‘‘or -leased’’ 

before ‘‘land’’; and 

(ii) in subparagraph (C)— 

(I) in the matter preceding clause (i), by 

inserting ‘‘or -leased’’ before ‘‘land’’; (II) in clause (i), by striking ‘‘$50,000,000’’ and inserting ‘‘$75,000,000’’; and 

(III) by amending clause (ii) to read as follows: 

‘‘(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less 

over the preceding five years.’’; and 

(B) in paragraph (3), in the matter preceding subparagraph (A), by inserting ‘‘or -leased’’ before ‘‘land’’; 

(2) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘Administrator of the General Services Administration’’ and 

inserting ‘‘Administrator of General Services’’; 

(B) in paragraph (1)(C)— 

(i) in clause (i), by striking ‘‘$50,000,000’’ and 

inserting ‘‘$75,000,000’’; and 

(ii) by amending clause (ii) to read as follows: 

‘‘(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less 

over the preceding five years.’’; and 

(C) in paragraph (4)— 

(i) in subparagraph (A), by striking ‘‘terminate’’ 

and all that follows through the period at the end 

and inserting ‘‘terminate on December 31, 2026.’’; and 

(ii) in subparagraph (B), by striking ‘‘carrying out 

the terms of an agreement under this subsection if 

such agreement is entered into before such termination 

date’’ and inserting ‘‘a proposal accepted for consideration by U.S. Customs and Border Protection or the 

General Services Administration pursuant to this section or a prior pilot program prior to such termination 

date’’; 

(3) in subsection (c)(6)(B), by striking ‘‘the donation will 

not be used for the construction of a detention facility or a 

border fence or wall.’’ and inserting the following: 

‘‘(i) the donation will not be used for the construction of a detention facility or a border fence or wall; 

and 

‘‘(ii) the donor will be notified in the Donations 

Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses 

related to the operation, maintenance, and repair of 

the donated real property until such time as U.S. Customs and Border Protection provides the donor written 

notice otherwise.’’; 

(4) in subsection (d), in the matter preceding paragraph 

(1), by striking ‘‘annual’’ and inserting ‘‘biennial’’; and 

Notifications. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2409 

(5) in subsection (e), by striking ‘‘Administrator of the 

General Services Administration’’ and inserting ‘‘Administrator 

of General Services’’. 

Subtitle B—Transportation Security 

SEC. 6411. SURVEY OF THE TRANSPORTATION SECURITY ADMINISTRATION WORKFORCE REGARDING COVID–19 RESPONSE. 

(a) SURVEY.—Not later than one year after the date of the 

enactment of this Act, the Administrator of the Transportation 

Security Administration (referred to in this section as the ‘‘Administrator’’), in consultation with the labor organization certified as 

the exclusive representative of full- and part-time nonsupervisory 

Administration personnel carrying out screening functions under 

section 44901 of title 49, United States Code, shall conduct a 

survey of the Transportation Security Administration (referred to 

in this section as the ‘‘Administration’’) workforce regarding the 

Administration’s response to the COVID–19 pandemic. Such survey 

shall be conducted in a manner that allows for the greatest practicable level of workforce participation. 

(b) CONTENTS.—In conducting the survey required under subsection (a), the Administrator shall solicit feedback on the following: 

(1) The Administration’s communication and collaboration 

with the Administration’s workforce regarding the Administration’s response to the COVID–19 pandemic and efforts to mitigate and monitor transmission of COVID–19 among its 

workforce, including through— 

(A) providing employees with personal protective equipment and mandating its use; 

(B) modifying screening procedures and Administration 

operations to reduce transmission among officers and passengers and ensuring compliance with such changes; 

(C) adjusting policies regarding scheduling, leave, and 

telework; 

(D) outreach as a part of contact tracing when an 

employee has tested positive for COVID–19; and 

(E) encouraging COVID–19 vaccinations and efforts 

to assist employees that seek to be vaccinated such as 

communicating the availability of duty time for travel to 

vaccination sites and recovery from vaccine side effects. 

(2) Any other topic determined appropriate by the Administrator. 

(c) REPORT.—Not later than 30 days after completing the survey 

required under subsection (a), the Administration shall provide 

a report summarizing the results of the survey to the Committee 

on Homeland Security of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the 

Senate. 

SEC. 6412. TRANSPORTATION SECURITY PREPAREDNESS PLAN. 

(a) PLAN REQUIRED.—Section 114 of title 49, United States 

Code, is amended by adding at the end the following new subsection: 

‘‘(x) TRANSPORTATION SECURITY PREPAREDNESS PLAN.— 

‘‘(1) IN GENERAL.—Not later than two years after the date 

of the enactment of this subsection, the Secretary of Homeland 

Security, acting through the Administrator, in coordination with 

Deadline. 

Coordination. 

Consultation. 

Summary. 

Deadline. 

Consultation. 


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135 STAT. 2410 PUBLIC LAW 117–81—DEC. 27, 2021 

the Chief Medical Officer of the Department of Homeland Security, and in consultation with the partners identified under 

paragraphs (3)(A)(i) through (3)(A)(iv), shall develop a transportation security preparedness plan to address the event of a 

communicable disease outbreak. The Secretary, acting through 

the Administrator, shall ensure such plan aligns with relevant 

Federal plans and strategies for communicable disease outbreaks. 

‘‘(2) CONSIDERATIONS.—In developing the plan required 

under paragraph (1), the Secretary, acting through the Administrator, shall consider each of the following: 

‘‘(A) The findings of the survey required under section 

6411 of the National Defense Authorization Act for Fiscal 

Year 2022. 

‘‘(B) The findings of the analysis required under section 

6414 of the National Defense Authorization Act for Fiscal 

Year 2022. 

‘‘(C) The plan required under section 6415 of the 

National Defense Authorization Act for Fiscal Year 2022. 

‘‘(D) All relevant reports and recommendations 

regarding the Administration’s response to the COVID– 

19 pandemic, including any reports and recommendations 

issued by the Comptroller General and the Inspector General of the Department of Homeland Security. 

‘‘(E) Lessons learned from Federal interagency efforts 

during the COVID–19 pandemic. 

‘‘(3) CONTENTS OF PLAN.—The plan developed under paragraph (1) shall include each of the following: 

‘‘(A) Plans for communicating and collaborating in the 

event of a communicable disease outbreak with the following partners: 

‘‘(i) Appropriate Federal departments and agencies, 

including the Department of Health and Human Services, the Centers for Disease Control and Prevention, 

the Department of Transportation, the Department of 

Labor, and appropriate interagency task forces. 

‘‘(ii) The workforce of the Administration, including 

through the labor organization certified as the exclusive representative of full- and part-time non-supervisory Administration personnel carrying out screening 

functions under section 44901 of this title. 

‘‘(iii) International partners, including the International Civil Aviation Organization and foreign 

governments, airports, and air carriers. 

‘‘(iv) Public and private stakeholders, as such term 

is defined under subsection (t)(1)(C). 

‘‘(v) The traveling public. 

‘‘(B) Plans for protecting the safety of the Transportation Security Administration workforce, including— 

‘‘(i) reducing the risk of communicable disease 

transmission at screening checkpoints and within the 

Administration’s workforce related to the Administration’s transportation security operations and mission; 

‘‘(ii) ensuring the safety and hygiene of screening 

checkpoints and other workstations; 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2411 

‘‘(iii) supporting equitable and appropriate access 

to relevant vaccines, prescriptions, and other medical 

care; and 

‘‘(iv) tracking rates of employee illness, recovery, 

and death. 

‘‘(C) Criteria for determining the conditions that may 

warrant the integration of additional actions in the aviation 

screening system in response to the communicable disease 

outbreak and a range of potential roles and responsibilities 

that align with such conditions. 

‘‘(D) Contingency plans for temporarily adjusting 

checkpoint operations to provide for passenger and 

employee safety while maintaining security during the 

communicable disease outbreak. 

‘‘(E) Provisions setting forth criteria for establishing 

an interagency task force or other standing engagement 

platform with other appropriate Federal departments and 

agencies, including the Department of Health and Human 

Services and the Department of Transportation, to address 

such communicable disease outbreak. 

‘‘(F) A description of scenarios in which the Administrator should consider exercising authorities provided 

under subsection (g) and for what purposes. 

‘‘(G) Considerations for assessing the appropriateness 

of issuing security directives and emergency amendments 

to regulated parties in various modes of transportation, 

including surface transportation, and plans for ensuring 

compliance with such measures. 

‘‘(H) A description of any potential obstacles, including 

funding constraints and limitations to authorities, that 

could restrict the ability of the Administration to respond 

appropriately to a communicable disease outbreak. 

‘‘(4) DISSEMINATION.—Upon development of the plan 

required under paragraph (1), the Administrator shall disseminate the plan to the partners identified under paragraph (3)(A) 

and to the Committee on Homeland Security of the House 

of Representatives and the Committee on Homeland Security 

and Governmental Affairs and the Committee on Commerce, 

Science, and Transportation of the Senate. 

‘‘(5) REVIEW OF PLAN.—Not later than two years after the 

date on which the plan is disseminated under paragraph (4), 

and biennially thereafter, the Secretary, acting through the 

Administrator and in coordination with the Chief Medical 

Officer of the Department of Homeland Security, shall review 

the plan and, after consultation with the partners identified 

under paragraphs (3)(A)(i) through (3)(A)(iv), update the plan 

as appropriate.’’. 

(b) COMPTROLLER GENERAL REPORT.—Not later than one year 

after the date on which the transportation security preparedness 

plan required under subsection (x) of section 114 of title 49, United 

States Code, as added by subsection (a), is disseminated under 

paragraph (4) of such subsection (x), the Comptroller General of 

the United States shall submit to the Committee on Homeland 

Security of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate a report 

containing the results of a study assessing the transportation security preparedness plan, including an analysis of— 

Assessment. 

Analysis. 

Deadline. 

Time period. 

Coordination. 

Consultation. 

Criteria. 

Criteria. 

Determination. 


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135 STAT. 2412 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) whether such plan aligns with relevant Federal plans 

and strategies for communicable disease outbreaks; and 

(2) the extent to which the Transportation Security 

Administration is prepared to implement the plan. 

SEC. 6413. AUTHORIZATION OF TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL DETAILS. 

(a) COORDINATION.—Pursuant to sections 106(m) and 114(m) 

of title 49, United States Code, the Administrator of the Transportation Security Administration may provide Transportation Security 

Administration personnel, who are not engaged in front line 

transportation security efforts, to other components of the Department and other Federal agencies to improve coordination with 

such components and agencies to prepare for, protect against, and 

respond to public health threats to the transportation security 

system of the United States. 

(b) BRIEFING.—Not later than 180 days after the date of the 

enactment of this Act, the Administrator shall brief the appropriate 

congressional committees regarding efforts to improve coordination 

with other components of the Department of Homeland Security 

and other Federal agencies to prepare for, protect against, and 

respond to public health threats to the transportation security 

system of the United States. 

SEC. 6414. TRANSPORTATION SECURITY ADMINISTRATION PREPAREDNESS. 

(a) ANALYSIS.— (1) IN GENERAL.—The Administrator of the Transportation 

Security Administration shall conduct an analysis of preparedness of the transportation security system of the United States 

for public health threats. Such analysis shall assess, at a minimum, the following: 

(A) The risks of public health threats to the transportation security system of the United States, including to 

transportation hubs, transportation security stakeholders, 

Transportation Security Administration (TSA) personnel, 

and passengers. 

(B) Information sharing challenges among relevant 

components of the Department of Homeland Security, other 

Federal agencies, international entities, and transportation 

security stakeholders. 

(C) Impacts to TSA policies and procedures for securing 

the transportation security system. 

(2) COORDINATION.—The analysis conducted of the risks 

described in paragraph (1)(A) shall be conducted in coordination 

with the Chief Medical Officer of the Department of Homeland 

Security, the Secretary of Health and Human Services, and 

transportation security stakeholders. 

(b) BRIEFING.—Not later than 180 days after the date of the 

enactment of this Act, the Administrator shall brief the appropriate 

congressional committees on the following: 

(1) The analysis required under subsection (a). 

(2) Technologies necessary to combat public health threats 

at security screening checkpoints, such as testing and screening 

technologies, including temperature screenings, to better protect from future public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to 

access the sterile area of an airport through such checkpoints, 

Cost estimate. 

Deadline. 

Assessment. 

Deadline. 

49 USC 114 note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2413 

and the estimated cost of technology investments needed to 

fully implement across the aviation system solutions to such 

threats. 

(3) Policies and procedures implemented by TSA and 

transportation security stakeholders to protect from public 

health threats TSA personnel, passengers, aviation workers, 

and other personnel authorized to access the sterile area 

through the security screening checkpoints, as well as future 

plans for additional measures relating to such protection. 

(4) The role of TSA in establishing priorities, developing 

solutions, and coordinating and sharing information with relevant domestic and international entities during a public health 

threat to the transportation security system, and how TSA 

can improve its leadership role in such areas. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Homeland Security of the House 

of Representatives; and 

(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, 

and Transportation of the Senate. 

(2) The term ‘‘sterile area’’ has the meaning given such 

term in section 1540.5 of title 49, Code of Federal Regulations. 

(3) The term ‘‘TSA’’ means the Transportation Security 

Administration. 

SEC. 6415. PLAN TO REDUCE THE SPREAD OF CORONAVIRUS AT PASSENGER SCREENING CHECKPOINTS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Administrator, in coordination with 

the Chief Medical Officer of the Department of Homeland Security, 

and in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, shall issue and commence implementing a plan to enhance, 

as appropriate, security operations at airports during the COVID– 

19 national emergency in order to reduce risk of the spread of 

the coronavirus at passenger screening checkpoints and among 

the TSA workforce. 

(b) CONTENTS.—The plan required under subsection (a) shall 

include the following: 

(1) An identification of best practices developed and 

screening technologies deployed in response to the coronavirus 

among foreign governments, airports, and air carriers conducting aviation security screening operations, as well as among 

Federal agencies conducting similar security screening operations outside of airports, including in locations where the 

spread of the coronavirus has been successfully contained, that 

could be further integrated into the United States aviation 

security system. 

(2) Specific operational changes to aviation security 

screening operations informed by the identification of best practices and screening technologies under paragraph (1) that could 

be implemented without degrading aviation security and a corresponding timeline and costs for implementing such changes. 

Deadline. 

Coordination. 

Consultation. 

49 USC 44901 

note. 

Procedures. 


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135 STAT. 2414 PUBLIC LAW 117–81—DEC. 27, 2021 

(c) CONSIDERATIONS.—In carrying out the identification of best 

practices under subsection (b), the Administrator shall take into 

consideration the following: 

(1) Aviation security screening procedures and practices 

in place at security screening locations, including procedures 

and practices implemented in response to the coronavirus. 

(2) Volume and average wait times at each such security 

screening location. 

(3) Public health measures already in place at each such 

security screening location. 

(4) The feasibility and effectiveness of implementing similar 

procedures and practices in locations where such are not 

already in place. 

(5) The feasibility and potential benefits to security, public 

health, and travel facilitation of continuing any procedures 

and practices implemented in response to the COVID–19 

national emergency beyond the end of such emergency. 

(d) CONSULTATION.—In developing the plan required under subsection (a), the Administrator may consult with public and private 

stakeholders and the TSA workforce, including through the labor 

organization certified as the exclusive representative of full- and 

part-time nonsupervisory TSA personnel carrying out screening 

functions under section 44901 of title 49, United States Code. 

(e) SUBMISSION.—Upon issuance of the plan required under 

subsection (a), the Administrator shall submit the plan to the 

Committee on Homeland Security of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate. 

(f) ISSUANCE AND IMPLEMENTATION.—The Administrator shall 

not be required to issue or implement, as the case may be, the 

plan required under subsection (a) upon the termination of the 

COVID–19 national emergency except to the extent the Administrator determines such issuance or implementation, as the case 

may be, to be feasible and beneficial to security screening operations. 

(g) GAO REVIEW.—Not later than one year after the issuance 

of the plan required under subsection (a) (if such plan is issued 

in accordance with subsection (f)), the Comptroller General of the 

United States shall submit to the Committee on Homeland Security 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a review, if appropriate, 

of such plan and any efforts to implement such plan. 

(h) DEFINITIONS.—In this section: 

(1) The term ‘‘Administrator’’ means the Administrator of 

the Transportation Security Administration. 

(2) The term ‘‘coronavirus’’ has the meaning given such 

term in section 506 of the Coronavirus Preparedness and 

Response Supplemental Appropriations Act, 2020 (Public Law 

116–123). 

(3) The term ‘‘COVID–19 national emergency’’ means the 

national emergency declared by the President under the 

National Emergencies Act (50 U.S.C. 1601 et seq.) on March 

13, 2020, with respect to the coronavirus. 

(4) The term ‘‘public and private stakeholders’’ has the 

meaning given such term in section 114(t)(1)(C) of title 49, 

United States Code. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2415 

(5) The term ‘‘TSA’’ means the Transportation Security 

Administration. 

SEC. 6416. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF 

HOMELAND SECURITY TRUSTED TRAVELER PROGRAMS. 

Not later than one year after the date of the enactment of 

this Act, the Comptroller General of the United States shall conduct 

a review of Department of Homeland Security trusted traveler 

programs. Such review shall examine the following: 

(1) The extent to which the Department of Homeland Security tracks data and monitors trends related to trusted traveler 

programs, including root causes for identity-matching errors 

resulting in an individual’s enrollment in a trusted traveler 

program being reinstated. 

(2) Whether the Department coordinates with the heads 

of other relevant Federal, State, local, Tribal, or territorial 

entities regarding redress procedures for disqualifying offenses 

not covered by the Department’s own redress processes but 

which offenses impact an individual’s enrollment in a trusted 

traveler program. 

(3) How the Department may improve individuals’ access 

to reconsideration procedures regarding a disqualifying offense 

for enrollment in a trusted traveler program that requires 

the involvement of any other Federal, State, local, Tribal, or 

territorial entity. 

(4) The extent to which travelers are informed about 

reconsideration procedures regarding enrollment in a trusted 

traveler program. 

SEC. 6417. ENROLLMENT REDRESS WITH RESPECT TO DEPARTMENT 

OF HOMELAND SECURITY TRUSTED TRAVELER PROGRAMS. 

Notwithstanding any other provision of law, the Secretary of 

Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend 

by an amount of time equal to the period of revocation the period 

of active enrollment in such a program upon reenrollment in such 

a program by such an individual. 

SEC. 6418. THREAT INFORMATION SHARING. 

(a) PRIORITIZATION.—The Secretary of Homeland Security shall 

prioritize the assignment of officers and intelligence analysts under 

section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) 

from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security, to locations with participating State, 

local, and regional fusion centers in jurisdictions with a high-risk 

surface transportation asset in order to enhance the security of 

such assets, including by improving timely sharing, in a manner 

consistent with the protection of privacy rights, civil rights, and 

civil liberties, of information regarding threats of terrorism and 

other threats, including targeted violence. 

(b) INTELLIGENCE PRODUCTS.—Officers and intelligence analysts 

assigned to locations with participating State, local, and regional 

fusion centers under this section shall participate in the generation 

and dissemination of transportation security intelligence products, 

6 USC 124h–1. 

49 USC 44919 

note. 

Examination. 

Deadline. 


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135 STAT. 2416 PUBLIC LAW 117–81—DEC. 27, 2021 

with an emphasis on such products that relate to threats of terrorism and other threats, including targeted violence, to surface 

transportation assets that— 

(1) assist State, local, and Tribal law enforcement agencies 

in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and 

respond to such threats; 

(2) promote more consistent and timely sharing with and 

among jurisdictions of threat information; and 

(3) enhance the Department of Homeland Security’s situational awareness of such threats. 

(c) CLEARANCES.—The Secretary of Homeland Security shall 

make available to appropriate owners and operators of surface 

transportation assets, and to any other person that the Secretary 

determines appropriate to foster greater sharing of classified 

information relating to threats of terrorism and other threats, 

including targeted violence, to surface transportation assets, the 

process of application for security clearances under Executive Order 

No. 13549 (75 Fed. Reg. 162; relating to a classified national security 

information program) or any successor Executive order. 

(d) REPORT TO CONGRESS.—Not later than one year after the 

date of the enactment of this Act, the Secretary of Homeland 

Security shall submit to the Committee on Homeland Security 

of the House of Representatives and the Committee on Homeland 

Security and Governmental Affairs of the Senate a report that 

includes a detailed description of the measures used to ensure 

privacy rights, civil rights, and civil liberties protections in carrying 

out this section. 

(e) GAO REPORT.—Not later than two years after the date 

of the enactment of this Act, the Comptroller General of the United 

States shall submit to the Committee on Homeland Security of 

the House of Representatives and the Committee on Homeland 

Security and Governmental Affairs of the Senate a review of the 

implementation of this section, including an assessment of the 

measures used to ensure privacy rights, civil rights, and civil liberties protections, and any recommendations to improve this 

implementation, together with any recommendations to improve 

information sharing with State, local, Tribal, territorial, and private 

sector entities to prevent, identify, and respond to threats of terrorism and other threats, including targeted violence, to surface 

transportation assets. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘surface transportation asset’’ includes facilities, equipment, or systems used to provide transportation services by— 

(A) a public transportation agency (as such term is 

defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public 

Law 110–53; 6 U.S.C. 1131(5))); 

(B) a railroad carrier (as such term is defined in section 

20102(3) of title 49, United States Code); 

(C) an owner or operator of— 

(i) an entity offering scheduled, fixed-route 

transportation services by over-the-road bus (as such 

term is defined in section 1501(4) of the Implementing 

Recommendations of the 9/11 Commission Act of 2007 

(Public Law 110–53; 6 U.S.C. 1151(4))); or 

Review. 

Assessment. 

Recommendations. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2417 

(ii) a bus terminal; or 

(D) other transportation facilities, equipment, or systems, as determined by the Secretary. 

(2) The term ‘‘targeted violence’’ means an incident of 

violence in which an attacker selected a particular target in 

order to inflict mass injury or death with no discernable political 

or ideological motivation beyond mass injury or death. 

(3) The term ‘‘terrorism’’ means the terms— 

(A) domestic terrorism (as such term is defined in 

section 2331(5) of title 18, United States Code); and 

(B) international terrorism (as such term is defined 

in section 2331(1) of title 18, United States Code). 

SEC. 6419. LOCAL LAW ENFORCEMENT SECURITY TRAINING. 

(a) IN GENERAL.—The Secretary of Homeland Security, in consultation with public and private sector stakeholders, may in a 

manner consistent with the protection of privacy rights, civil rights, 

and civil liberties, develop, through the Federal Law Enforcement 

Training Centers, a training program to enhance the protection, 

preparedness, and response capabilities of law enforcement agencies 

with respect to threats of terrorism and other threats, including 

targeted violence, at a surface transportation asset. 

(b) REQUIREMENTS.—If the Secretary of Homeland Security 

develops the training program described in subsection (a), such 

training program shall— 

(1) be informed by current information regarding tactics 

used by terrorists and others engaging in targeted violence; 

(2) include tactical instruction tailored to the diverse nature 

of the surface transportation asset operational environment; 

and 

(3) prioritize training officers from law enforcement agencies that are eligible for or receive grants under sections 2003 

or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 

and 605) and officers employed by railroad carriers that operate 

passenger service, including interstate passenger service. 

(c) REPORT.—If the Secretary of Homeland Security develops 

the training program described in subsection (a), not later than 

one year after the date on which the Secretary first implements 

the program, and annually thereafter during each year the Secretary carries out the program, the Secretary shall submit to the 

Committee on Homeland Security of the House of Representatives 

and the Committee on Homeland Security and Governmental 

Affairs of the Senate a report on the program. Each such report 

shall include, for the year covered by the report— 

(1) a description of the curriculum for the training and 

any changes to such curriculum; 

(2) an identification of any contracts entered into for the 

development or provision of training under the program; 

(3) information on the law enforcement agencies the personnel of which received the training, and for each such agency, 

the number of participants; and 

(4) a description of the measures used to ensure the program was carried out to provide for protections of privacy 

rights, civil rights, and civil liberties. 

(d) DEFINITIONS.—In this section: 

Consultation. 

6 USC 1137a. 


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135 STAT. 2418 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) The term ‘‘public and private sector stakeholders’’ has 

the meaning given such term in section 114(t)(1)(c) of title 

49, United States Code. 

(2) The term ‘‘surface transportation asset’’ includes facilities, equipment, or systems used to provide transportation services by— 

(A) a public transportation agency (as such term is 

defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public 

Law 110–53; 6 U.S.C. 1131(5))); 

(B) a railroad carrier (as such term is defined in section 

20102(3) of title 49, United States Code); 

(C) an owner or operator of— 

(i) an entity offering scheduled, fixed-route 

transportation services by over-the-road bus (as such 

term is defined in section 1501(4) of the Implementing 

Recommendations of the 9/11 Commission Act of 2007 

(Public Law 110–53; 6 U.S.C. 1151(4))); or 

(ii) a bus terminal; or 

(D) other transportation facilities, equipment, or systems, as determined by the Secretary. 

(3) The term ‘‘targeted violence’’ means an incident of 

violence in which an attacker selected a particular target in 

order to inflict mass injury or death with no discernable political 

or ideological motivation beyond mass injury or death. 

(4) The term ‘‘terrorism’’ means the terms— 

(A) domestic terrorism (as such term is defined in 

section 2331(5) of title 18, United States Code); and 

(B) international terrorism (as such term is defined 

in section 2331(1) of title 18, United States Code). 

SEC. 6420. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION SECURITY ASSISTANCE GRANTS. 

Subparagraph (A) of section 1406(b)(2) of the Implementing 

Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 

1135(b)(2); Public Law 110–53) is amended by inserting ‘‘and associated backfill’’ after ‘‘security training’’. 

SEC. 6421. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION 

SECURITY ASSISTANCE GRANTS. 

Section 1406 of the Implementing Recommendations of the 

9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110– 

53) is amended— 

(1) by redesignating subsection (m) as subsection (n); and 

(2) by inserting after subsection (l) the following new subsection: 

‘‘(m) PERIODS OF PERFORMANCE.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

funds provided pursuant to a grant awarded under this section 

for a use specified in subsection (b) shall remain available 

for use by a grant recipient for a period of not fewer than 

36 months. 

‘‘(2) EXCEPTION.—Funds provided pursuant to a grant 

awarded under this section for a use specified in subparagraph 

(M) or (N) of subsection (b)(1) shall remain available for use 

by a grant recipient for a period of not fewer than 48 months.’’. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2419 

SEC. 6422. GAO REVIEW OF PUBLIC TRANSPORTATION SECURITY 

ASSISTANCE GRANT PROGRAM. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct a review of the public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; 

Public Law 110–53). 

(b) SCOPE.—The review required under paragraph (1) shall 

include the following: 

(1) An assessment of the type of projects funded under 

the public transportation security grant program referred to 

in such paragraph. 

(2) An assessment of the manner in which such projects 

address threats to public transportation infrastructure. 

(3) An assessment of the impact, if any, of sections 5342 

through 5345 (including the amendments made by this Act) 

on types of projects funded under the public transportation 

security assistance grant program. 

(4) An assessment of the management and administration 

of public transportation security assistance grant program 

funds by grantees. 

(5) Recommendations to improve the manner in which 

public transportation security assistance grant program funds 

address vulnerabilities in public transportation infrastructure. 

(6) Recommendations to improve the management and 

administration of the public transportation security assistance 

grant program. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act and again not later than five years after 

such date of enactment, the Comptroller General of the United 

States shall submit to the Committee on Homeland Security of 

the House of Representatives and the Committee on Homeland 

Security and Governmental Affairs of the Senate a report on the 

review required under this section. 

SEC. 6423. SENSITIVE SECURITY INFORMATION; AVIATION SECURITY. 

(a) SENSITIVE SECURITY INFORMATION.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall— 

(A) ensure clear and consistent designation of ‘‘Sensitive Security Information’’, including reasonable security 

justifications for such designation; 

(B) develop and implement a schedule to regularly 

review and update, as necessary, TSA Sensitive Security 

Information identification guidelines; 

(C) develop a tracking mechanism for all Sensitive 

Security Information redaction and designation challenges; 

(D) document justifications for changes in position 

regarding Sensitive Security Information redactions and 

designations, and make such changes accessible to TSA 

personnel for use with relevant stakeholders, including air 

carriers, airport operators, surface transportation operators, and State and local law enforcement, as necessary; 

and 

(E) ensure that TSA personnel are adequately trained 

on appropriate designation policies. 

Schedule. 

Deadline. 

6 USC 114 note. 

Recommendations. 

Recommendations. 

Assessments. 


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135 STAT. 2420 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) STAKEHOLDER OUTREACH.—Not later than 180 days 

after the date of the enactment of this Act, the Administrator 

of the Transportation Security Administration (TSA) shall conduct outreach to relevant stakeholders described in paragraph 

(1)(D) that regularly are granted access to Sensitive Security 

Information to raise awareness of the TSA’s policies and guidelines governing the designation and use of Sensitive Security 

Information. 

(b) AVIATION SECURITY.— (1) IN GENERAL.—Not later than 60 days after the date 

of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop and implement 

guidelines with respect to domestic and last point of departure 

airports to— 

(A) ensure the inclusion, as appropriate, of air carriers, 

domestic airport operators, and other transportation security stakeholders in the development and implementation 

of security directives and emergency amendments; 

(B) document input provided by air carriers, domestic 

airport operators, and other transportation security stakeholders during the security directive and emergency amendment, development, and implementation processes; 

(C) define a process, including timeframes, and with 

the inclusion of feedback from air carriers, domestic airport 

operators, and other transportation security stakeholders, 

for cancelling or incorporating security directives and emergency amendments into security programs; 

(D) conduct engagement with foreign partners on the 

implementation of security directives and emergency 

amendments, as appropriate, including recognition if 

existing security measures at a last point of departure 

airport are found to provide commensurate security as 

intended by potential new security directives and emergency amendments; and 

(E) ensure that new security directives and emergency 

amendments are focused on defined security outcomes. 

(2) BRIEFING TO CONGRESS.—Not later than 90 days after 

the date of the enactment of this Act, the Administrator of 

the Transportation Security Administration shall brief the Committee on Homeland Security of the House of Representatives 

and the Committee on Commerce, Science, and Transportation 

of the Senate on the guidelines described in paragraph (1). 

(3) DECISIONS NOT SUBJECT TO JUDICIAL REVIEW.—Notwithstanding any other provision of law, any action of the Administrator of the Transportation Security Administration under 

paragraph (1) is not subject to judicial review. 

TITLE LXV—OTHER MATTERS 

RELATING TO FOREIGN AFFAIRS 

Sec. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations. Sec. 6502. Required notification and reports related to Peacekeeping Operations account. 

Sec. 6503. Transnational Repression Accountability and Prevention. 

Sec. 6504. Human rights awareness for American athletic delegations. 

Sec. 6505. Cooperation between the United States and Ukraine regarding the titanium industry. 

Deadline. 

Deadline. 

Guidelines. 

49 USC 114 note. 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2421 

Sec. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing. Sec. 6507. Report on net worth of Syrian President Bashar al-Assad. 

Sec. 6508. Annual report on United States policy toward South Sudan. 

Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN. 

Sec. 6510. Supporting democracy in Burma. 

Sec. 6511. United States Grand Strategy with respect to China. 

SEC. 6501. AUTHORIZATION FOR UNITED STATES PARTICIPATION IN 

THE COALITION FOR EPIDEMIC PREPAREDNESS INNOVATIONS. 

(a) IN GENERAL.—The United States is authorized to participate 

in the Coalition for Epidemic Preparedness Innovations (referred 

to in this section as ‘‘CEPI’’). 

(b) INVESTORS COUNCIL AND BOARD OF DIRECTORS.— 

(1) INITIAL DESIGNATION.—The President shall designate 

an employee of the United States Agency for International 

Development to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative 

of the United States during the period beginning on the date 

of such designation and ending on September 30, 2022. 

(2) ONGOING DESIGNATIONS.—The President may designate 

an employee of the relevant Federal department or agency 

with fiduciary responsibility for United States contributions 

to CEPI to serve on the Investors Council and, if nominated, 

on the Board of Directors of CEPI, as a representative of 

the United States. 

(3) QUALIFICATIONS.—Any employee designated pursuant 

to paragraph (1) or (2) shall have demonstrated knowledge 

and experience in the field of development and, if designated 

from a Federal department or agency with primary fiduciary 

responsibility for United States contributions pursuant to paragraph (2), in the field of public health, epidemiology, or medicine. 

(4) COORDINATION.—In carrying out the responsibilities 

under this section, any employee designated pursuant to paragraph (1) or (2) shall coordinate with the Secretary of Health 

and Human Services to promote alignment, as appropriate, 

between CEPI and the strategic objectives and activities of 

the Secretary of Health and Human Services with respect to 

the research, development, and procurement of medical countermeasures, consistent with titles III and XXVIII of the Public 

Health Service Act (42 U.S.C. 241 et seq. and 300hh et seq.). 

(c) CONSULTATION.—Not later than 60 days after the date of 

the enactment of this Act, the employee designated pursuant to 

subsection (b)(1) shall consult with the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on 

Health, Education, Labor, and Pensions of the Senate and the 

Committee on Foreign Affairs, the Committee on Appropriations, 

and the Committee on Energy and Commerce of the House of 

Representatives regarding— 

(1) the manner and extent to which the United States 

plans to participate in CEPI, including through the governance 

of CEPI; 

(2) any planned financial contributions from the United 

States to CEPI; and 

(3) how participation in CEPI is expected to support— 

(A) the applicable revision of the National Biodefense 

Strategy required under section 1086 of the National 

Deadline. 

Designation. 

President. 

22 USC 276c–5. 


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135 STAT. 2422 PUBLIC LAW 117–81—DEC. 27, 2021 

Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 

104); and 

(B) any other relevant programs relating to global 

health security and biodefense. 

SEC. 6502. REQUIRED NOTIFICATION AND REPORTS RELATED TO 

PEACEKEEPING OPERATIONS ACCOUNT. 

(a) CONGRESSIONAL NOTIFICATION.—Not later than 15 days 

prior to the obligation of amounts made available to provide assistance pursuant to section 551 of the Foreign Assistance Act of 

1961 (22 U.S.C. 2348), the Secretary of State shall submit to the 

appropriate congressional committees a notification, in accordance 

with the applicable procedures under section 634A of such Act 

(22 U.S.C. 2394–1), that includes, with respect to such assistance, 

the following: 

(1) An itemized identification of each foreign country or 

entity the capabilities of which the assistance is intended to 

support. 

(2) An identification of the amount, type, and purpose 

of assistance to be provided to each such country or entity. 

(3) An assessment of the capacity of each such country 

or entity to effectively implement, benefit from, or use the 

assistance to be provided for the intended purpose identified 

under paragraph (2). 

(4) A description of plans to encourage and monitor adherence to international human rights and humanitarian law by 

the foreign country or entity receiving the assistance. 

(5) An identification of any implementers, including third 

party contractors or other such entities, and the anticipated 

timeline for implementing any activities to carry out the assistance. 

(6) As applicable, a description of plans to sustain and 

account for any military or security equipment and subsistence 

funds provided as an element of the assistance beyond the 

date of completion of such activities, including the estimated 

cost and source of funds to support such sustainment. 

(7) An assessment of how such activities promote the following: 

(A) The diplomatic and national security objectives of 

the United States. 

(B) The objectives and regional strategy of the country 

or entity receiving the assistance. 

(C) The priorities of the United States regarding the 

promotion of good governance, rule of law, the protection 

of civilians, and human rights. 

(D) The peacekeeping capabilities of partner countries 

of the country or entity receiving the assistance, including 

an explanation if such activities do not support peacekeeping. 

(8) An assessment of the possible impact of such activities 

on local political and social dynamics, including a description 

of any consultations with local civil society. 

(b) REPORTS ON PROGRAMS UNDER PEACEKEEPING OPERATIONS

ACCOUNT.— 

(1) ANNUAL REPORT.—Not later than 90 days after the 

enactment of this Act, and annually thereafter for 5 years, 

Time period. 

Assessment. 

Assessment. 

Assessment. 

Deadline. 

22 USC 2348 

note. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2423 

the Secretary of State shall submit to the appropriate congressional committees a report on any security assistance made 

available, during the three fiscal years preceding the date on 

which the report is submitted, to foreign countries that received 

assistance authorized under section 551 of the Foreign Assistance Act of 1961 (22 U.S.C. 2348) for any of the following 

purposes: 

(A) Building the capacity of the foreign military, border 

security, or law enforcement entities, of the country. 

(B) Strengthening the rule of law of the country. 

(C) Countering violent extremist ideology or recruitment within the country. 

(2) MATTERS.—Each report under paragraph (1) shall 

include, with respect to each foreign country that has received 

assistance as specified in such paragraph, the following: 

(A) An identification of the authority used to provide 

such assistance and a detailed description of the purpose 

of assistance provided. 

(B) An identification of the amount of such assistance 

and the program under which such assistance was provided. 

(C) A description of the arrangements to sustain any 

equipment provided to the country as an element of such 

assistance beyond the date of completion of the assistance, 

including the estimated cost and source of funds to support 

such sustainment. 

(D) An assessment of the impact of such assistance 

on the peacekeeping capabilities and security situation of 

the country, including with respect to the levels of conflict 

and violence, the local, political, and social dynamics, and 

the human rights record, of the country. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Foreign Relations of the Senate and 

the Committee on Foreign Affairs of the House of Representatives; and 

(2) the Committees on Appropriations of the Senate and 

of the House of Representatives. 

SEC. 6503. TRANSNATIONAL REPRESSION ACCOUNTABILITY AND 

PREVENTION. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

some INTERPOL member countries have repeatedly misused 

INTERPOL’s databases and processes, including Notice and Diffusion mechanisms, to conduct activities of an overtly political or 

other unlawful character and in violation of international human 

rights standards, including by making requests to harass or persecute political opponents, human rights defenders, or journalists. 

(b) SUPPORT FOR INTERPOL INSTITUTIONAL REFORMS.—The 

Attorney General and the Secretary of State shall— 

(1) use the voice, vote, and influence of the United States, 

as appropriate, within INTERPOL’s General Assembly and 

Executive Committee to promote reforms aimed at improving 

the transparency of INTERPOL and ensuring its operation 

consistent with its Constitution, particularly articles 2 and 

3, and Rules on the Processing of Data, including— 

22 USC 263b. 

Assessment. 


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135 STAT. 2424 PUBLIC LAW 117–81—DEC. 27, 2021 

(A) supporting INTERPOL’s reforms enhancing the 

screening process for Notices, Diffusions, and other 

INTERPOL communications to ensure they comply with 

INTERPOL’s Constitution and Rules on the Processing of 

Data (RPD); 

(B) supporting and strengthening INTERPOL’s 

coordination with the Commission for Control of 

INTERPOL’s Files (CCF) in cases in which INTERPOL 

or the CCF has determined that a member country issued 

a Notice, Diffusion, or other INTERPOL communication 

against an individual in violation of articles 2 or 3 of 

the INTERPOL Constitution, or the RPD, to prohibit such 

member country from seeking the publication or issuance 

of any subsequent Notices, Diffusions, or other INTERPOL 

communication against the same individual based on the 

same set of claims or facts; 

(C) increasing, to the extent practicable, dedicated 

funding to the CCF and the Notices and Diffusions Task 

Force in order to further expand operations related to 

the review of requests for red notices and red diffusions; 

(D) supporting candidates for positions within 

INTERPOL’s structures, including the Presidency, Executive Committee, General Secretariat, and CCF who have 

demonstrated experience relating to and respect for the 

rule of law; 

(E) seeking to require INTERPOL in its annual report 

to provide a detailed account, disaggregated by member 

country or entity of— 

(i) the number of Notice requests, disaggregated 

by color, that it received; 

(ii) the number of Notice requests, disaggregated 

by color, that it rejected; 

(iii) the category of violation identified in each 

instance of a rejected Notice; 

(iv) the number of Diffusions that it cancelled without reference to decisions by the CCF; and 

(v) the sources of all INTERPOL income during 

the reporting period; and 

(F) supporting greater transparency by the CCF in 

its annual report by providing a detailed account, 

disaggregated by country, of— 

(i) the number of admissible requests for correction 

or deletion of data received by the CCF regarding 

issued Notices, Diffusions, and other INTERPOL 

communications; and 

(ii) the category of violation alleged in each such 

complaint; 

(2) inform the INTERPOL General Secretariat about 

incidents in which member countries abuse INTERPOL communications for politically motivated or other unlawful purposes 

so that, as appropriate, action can be taken by INTERPOL; 

and 

(3) request to censure member countries that repeatedly 

abuse and misuse INTERPOL’s red notice and red diffusion 

mechanisms, including restricting the access of those countries 

to INTERPOL’s data and information systems. 

(c) REPORT ON INTERPOL.— 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2425 

(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, and biannually thereafter for a period 

of 4 years, the Attorney General and the Secretary of State, 

in consultation with the heads of other relevant United States 

Government departments or agencies, shall submit to the 

appropriate committees of Congress a report containing an 

assessment of how INTERPOL member countries abuse 

INTERPOL Red Notices, Diffusions, and other INTERPOL 

communications for political motives and other unlawful purposes within the past three years. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following elements: 

(A) A list of countries that the Attorney General and 

the Secretary determine have repeatedly abused and misused the red notice and red diffusion mechanisms for political purposes. 

(B) A description of the most common tactics employed 

by member countries in conducting such abuse, including 

the crimes most commonly alleged and the INTERPOL 

communications most commonly exploited. 

(C) An assessment of the adequacy of INTERPOL 

mechanisms for challenging abusive requests, including the 

Commission for the Control of INTERPOL’s Files (CCF), 

an assessment of the CCF’s March 2017 Operating Rules, 

and any shortcoming the United States believes should 

be addressed. 

(D) A description of how INTERPOL’s General Secretariat identifies requests for red notice or red diffusions 

that are politically motivated or are otherwise in violation 

of INTERPOL’s rules and how INTERPOL reviews and 

addresses cases in which a member country has abused 

or misused the red notice and red diffusion mechanisms 

for overtly political purposes. 

(E) A description of any incidents in which the Department of Justice assesses that United States courts and 

executive departments or agencies have relied on 

INTERPOL communications in contravention of existing 

law or policy to seek the detention of individuals or render 

judgments concerning their immigration status or requests 

for asylum, with holding of removal, or convention against 

torture claims and any measures the Department of Justice 

or other executive departments or agencies took in response 

to these incidents. 

(F) A description of how the United States monitors 

and responds to likely instances of abuse of INTERPOL 

communications by member countries that could affect the 

interests of the United States, including citizens and 

nationals of the United States, employees of the United 

States Government, aliens lawfully admitted for permanent 

residence in the United States, aliens who are lawfully 

present in the United States, or aliens with pending 

asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in 

the United States. 

Assessment. 

List. 

Determination. 

Time period. 

Consultation. 


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135 STAT. 2426 PUBLIC LAW 117–81—DEC. 27, 2021 

(G) A description of what actions the United States 

takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for 

activities they undertook in an official capacity. 

(H) A description of United States advocacy for reform 

and good governance within INTERPOL. 

(I) A strategy for improving interagency coordination 

to identify and address instances of INTERPOL abuse that 

affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, 

employees of the United States Government, aliens lawfully 

admitted for permanent residence in the United States, 

aliens who are lawfully present in the United States, or 

aliens with pending asylum, withholding of removal, or 

convention against torture claims, though they may be 

unlawfully present in the United States. 

(3) FORM OF REPORT.—Each report required under this 

subsection shall be submitted in unclassified form, but may 

include a classified annex, as appropriate. The unclassified 

portion of the report shall be posted on a publicly available 

website of the Department of State and of the Department 

of Justice. 

(4) BRIEFING.—Not later than 30 days after the submission 

of each report under paragraph (1), the Department of Justice 

and the Department of State, in coordination with other relevant United States Government departments and agencies, 

shall brief the appropriate committees of Congress on the content of the reports and recent instances of INTERPOL abuse 

by member countries and United States efforts to identify and 

challenge such abuse, including efforts to promote reform and 

good governance within INTERPOL. 

(d) PROHIBITION REGARDING BASIS FOR EXTRADITION.—No 

United States Government department or agency may extradite 

an individual based solely on an INTERPOL Red Notice or Diffusion 

issued by another INTERPOL member country for such individual. 

(e) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and 

(B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. 

(2) INTERPOL COMMUNICATIONS.—The term ‘‘INTERPOL 

communications’’ means any INTERPOL Notice or Diffusion 

or any entry into any INTERPOL database or other communications system maintained by INTERPOL. 

SEC. 6504. HUMAN RIGHTS AWARENESS FOR AMERICAN ATHLETIC 

DELEGATIONS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

individuals representing the United States at international athletic 

competitions in foreign countries should have the opportunity to 

be informed about human rights and security concerns in such 

countries and how best to safeguard their personal security and 

privacy. 

22 USC 2656k. 

Deadline. 

Coordination. 

Public 

information. 

Web posting. 

Strategy. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2427 

(b) IN GENERAL.— (1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of State shall devise 

and implement a strategy for disseminating briefing materials, 

including information described in subsection (c), to individuals 

representing the United States at international athletic competitions in a covered country. 

(2) TIMING AND FORM OF MATERIALS.— (A) IN GENERAL.—The briefing materials referred to 

in paragraph (1) shall be offered not later than 180 days 

prior to the commencement of an international athletic 

competition in a covered country. 

(B) FORM OF DELIVERY.—Briefing materials related to 

the human rights record of covered countries may be delivered electronically or disseminated in person, as appropriate. 

(C) SPECIAL CONSIDERATION.—Information briefing 

materials related to personal security risks may be offered 

electronically, in written format, by video teleconference, 

or prerecorded video. 

(3) CONSULTATIONS.—In devising and implementing the 

strategy required under paragraph (1), the Secretary of State 

shall consult with the following: 

(A) The Committee on Foreign Affairs of the House 

of Representatives and the Committee on Foreign Relations 

in the Senate, not later than 90 days after the date of 

the enactment of this Act. 

(B) Leading human rights nongovernmental organizations and relevant subject-matter experts in determining 

the content of the briefings required under this subsection. 

(C) The United States Olympic and Paralympic Committee and the national governing bodies of amateur sports 

that play a role in determining which individuals represent 

the United States in international athletic competitions, 

regarding the most appropriate and effective method to 

disseminate briefing materials. 

(c) CONTENT OF BRIEFINGS.—The briefing materials required 

under subsection (b) shall include, with respect to a covered country 

hosting an international athletic competition in which individuals 

may represent the United States, the following: 

(1) Information on the human rights concerns present in 

such covered country, as described in the Department of State’s 

Annual Country Reports on Human Rights Practices. 

(2) Information, as applicable, on risks such individuals 

may face to their personal and digital privacy and security, 

and recommended measures to safeguard against certain forms 

of foreign intelligence targeting, as appropriate. 

(d) COVERED COUNTRY DEFINED.—In this section, the term 

‘‘covered country’’ means, with respect to a country hosting an 

international athletic competition in which individuals representing 

the United States may participate, any of the following: 

(1) Any Communist country specified in subsection (f) of 

section 620 of the Foreign Assistance Act of 1961 (22 U.S.C. 

2370(f)). 

(2) Any country ranked as a Tier 3 country in the most 

recent Department of State’s annual Trafficking in Persons 

Report. 

Deadline. 

Deadline. 

Deadline. 

Strategy. 


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135 STAT. 2428 PUBLIC LAW 117–81—DEC. 27, 2021 

(3) Any other country the Secretary of State determines 

presents serious human rights concerns for the purpose of 

informing such individuals. 

(4) Any country the Secretary of State, in consultation 

with other cabinet officials as appropriate, determines presents 

a serious counterintelligence risk. 

SEC. 6505. COOPERATION BETWEEN THE UNITED STATES AND 

UKRAINE REGARDING THE TITANIUM INDUSTRY. 

(a) STATEMENT OF POLICY.—It is the policy of the United States 

to engage with the Government of Ukraine on cooperation in the 

titanium industry as a potential alternative to Chinese and Russian 

sources on which the United States and Europe currently depend. 

(b) REPORTING REQUIREMENT.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of State shall 

submit to the appropriate congressional committees a report that 

describes the feasibility of utilizing titanium sources from Ukraine 

as a potential alternative to Chinese and Russian sources. 

(c) FORM.—The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Foreign Relations and the Committee 

on Armed Services of the Senate; and 

(2) the Committee on Foreign Affairs and the Committee 

on Armed Services of the House of Representatives. 

SEC. 6506. UPDATES TO THE NATIONAL STRATEGY FOR COMBATING 

TERRORIST AND OTHER ILLICIT FINANCING. 

The Countering Russian Influence in Europe and Eurasia Act 

of 2017 (22 U.S.C. 9501 et seq.) is amended— 

(1) in section 261(b)(2)— 

(A) by striking ‘‘2020’’ and inserting ‘‘2024’’; and 

(B) by striking ‘‘2022’’ and inserting ‘‘2026’’; 

(2) in section 262— 

(A) in paragraph (1)— 

(i) by striking ‘‘in the documents entitled ‘2015 

National Money Laundering Risk Assessment’ and 

‘2015 National Terrorist Financing Risk Assessment’,’’ 

and inserting ‘‘in the documents entitled ‘2020 National 

Strategy for Combating Terrorist and Other Illicit 

Financing’ and ‘2022 National Strategy for Combating 

Terrorist and Other Illicit Financing’ ’’; and 

(ii) by striking ‘‘the broader counter terrorism 

strategy of the United States’’ and inserting ‘‘the 

broader counter terrorism and national security strategies of the United States’’; 

(B) in paragraph (6)— 

(i) by striking ‘‘PREVENTION OF ILLICIT FINANCE’’ 

and inserting ‘‘PREVENTION, DETECTION, AND DISRUPTION OF ILLICIT FINANCE’’; 

(ii) by striking ‘‘private financial sector’’ and 

inserting ‘‘private sector, including financial and other 

relevant industries,’’; and 

(iii) by striking ‘‘with regard to the prevention 

and detection of illicit finance’’ and inserting ‘‘with 

regard to the prevention, detection, and disruption of 

illicit finance’’; and 

131 Stat. 935. 

131 Stat. 934. 

22 USC 8902 

note. 

Consultation. 

Determination. 

Determination. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2429 

(C) in paragraph (8), by striking ‘‘such as so-called 

cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime,’’. 

SEC. 6507. REPORT ON NET WORTH OF SYRIAN PRESIDENT BASHAR 

AL-ASSAD. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of State shall submit 

to the Committee on Foreign Affairs of the House of Representatives 

and the Committee on Foreign Relations of the Senate a report 

on the estimated net worth and known sources of income of Syrian 

President Bashar al-Assad and his family members (including 

spouse, children, siblings, and paternal and maternal cousins), 

including income from corrupt or illicit activities and including 

assets, investments, other business interests, and relevant beneficial 

ownership information. 

(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex 

if necessary. The unclassified portion of such report shall be made 

available on a publicly available internet website of the Federal 

Government. 

SEC. 6508. ANNUAL REPORT ON UNITED STATES POLICY TOWARD 

SOUTH SUDAN. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the signatories to the Revitalized Agreement on the 

Resolution of the Conflict in the Republic of South Sudan, 

signed on September 12, 2018, have delayed implementation, 

leading to continued conflict and instability in South Sudan; 

(2) despite years of fighting, 2 peace agreements, punitive 

actions by the international community, and widespread suffering among civilian populations, the leaders of South Sudan 

have failed to build sustainable peace; 

(3) the United Nations arms embargo on South Sudan, 

most recently extended by 1 year to May 31, 2022, through 

United Nations Security Council Resolution 2577 (2021), is 

necessary to stem the illicit transfer and destabilizing accumulation and misuse of small arms and light weapons in perpetuation of the conflict in South Sudan; 

(4) the United States should call on other member states 

of the United Nations to redouble efforts to enforce the United 

Nations arms embargo on South Sudan; and 

(5) the United States, through the United States Mission 

to the United Nations, should use its voice and vote in the 

United Nations Security Council in favor of maintaining the 

United Nations arms embargo on South Sudan until— 

(A) the Revitalized Agreement on the Resolution of 

the Conflict in the Republic of South Sudan is fully implemented; or 

(B) credible, fair, and transparent democratic elections 

are held in South Sudan. 

(b) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act and annually thereafter for 5 

years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the heads of other Federal department and agencies 

as necessary, shall submit to the appropriate congressional 

Time period. 

Consultation. 

Public 

information. 

Web posting. 

131 Stat. 936. 


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135 STAT. 2430 PUBLIC LAW 117–81—DEC. 27, 2021 

committees a report on United States policy toward South 

Sudan, including the most recent approved interagency strategy 

developed to address political, security, and humanitarian 

issues prevalent in the country since it gained independence 

from Sudan in July 2011. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) An assessment of the situation in South Sudan, 

including the role of South Sudanese government officials 

in intercommunal violence, corruption, and obstruction of 

the peace process. 

(B) An assessment of the status of the implementation 

of the 2018 R-ARCSS and the ongoing peace processes. 

(C) A detailed description of United States assistance 

and other efforts to support peace processes in South 

Sudan, including an assessment of the efficacy of stakeholder engagement and United States assistance to advance 

peacebuilding, conflict mitigation, and other related activities. 

(D) An assessment of the United Nations Mission in 

South Sudan capacity and progress in fulfilling its mandate 

over the last 3 fiscal years. 

(E) A detailed description of United States funding 

for emergency and non-emergency humanitarian and 

development assistance to South Sudan, as well as support 

provided to improve anti-corruption and fiscal transparency 

efforts in South Sudan over the last 5 fiscal years. 

(F) A summary of United States efforts to promote 

accountability for human rights abuses and an assessment 

of efforts by the Government of South Sudan and the 

African Union, respectively, to hold responsible parties 

accountable. 

(G) Analysis of the impact of domestic and international sanctions on deterring and combating corruption, 

mitigating and reducing conflict, and holding those responsible for human rights abuses accountable. 

(H) An assessment of the prospects for, and impediments to, holding credible general elections. 

(3) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form and posted to a website of the 

Department of State, may include a classified annex, and shall 

be accompanied by a briefing as determined necessary. 

(c) BRIEFING.—Not later than 90 days after the date of the 

enactment of this Act and annually thereafter for 2 years, the 

Secretary of the Treasury, in consultation with the Secretary of 

State and the heads of other Federal department and agencies 

as necessary, shall brief the appropriate congressional committees 

on United States efforts, including assistance provided by the 

Department of Treasury and United States law enforcement and 

intelligence communities, to detect and deter money laundering 

and counter illicit financial flows, trafficking in persons, weapons, 

and other illicit goods, and the financing of terrorists and armed 

groups. Such briefing shall be provided in unclassified setting and 

may include a classified briefing as determined necessary. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

Deadline. 

Time period. 

Consultation. 

Web posting. 

Briefing. 

Analysis. 

Summary. 

Time period. 

Assessments. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2431 

(1) the Committee on Foreign Relations, the Committee 

on Banking, and the Committee on Appropriations of the 

Senate; 

(2) the Committee on Foreign Affairs, the Committee on 

Financial Services, and the Committee on Appropriations of 

the House of Representatives. 

SEC. 6509. STRATEGY FOR ENGAGEMENT WITH SOUTHEAST ASIA AND 

ASEAN. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of State, in consultation 

with the heads of other Federal departments and agencies as appropriate, shall develop and submit to the appropriate congressional 

committees a comprehensive strategy for engagement with Southeast Asia and the Association of Southeast Asian Nations (ASEAN). 

(b) MATTERS TO BE INCLUDED.—The strategy required by subsection (a) shall include the following: 

(1) A statement of enduring United States interests in 

Southeast Asia and a description of efforts to bolster the 

effectiveness of ASEAN. 

(2) A description of efforts to— 

(A) deepen and expand Southeast Asian alliances, partnerships, and multilateral engagements, including efforts 

to expand broad based and inclusive economic growth, security ties, security cooperation and interoperability, economic 

connectivity, and expand opportunities for ASEAN to work 

with other like-minded partners in the region; and 

(B) encourage like-minded partners outside of the IndoPacific region to engage with ASEAN. 

(3) A summary of initiatives across the whole of the United 

States Government to strengthen the United States partnership 

with Southeast Asian nations and ASEAN, including to promote 

broad based and inclusive economic growth, trade, investment, 

energy innovation and sustainability, public-private partnerships, physical and digital infrastructure development, education, disaster management, public health and global health 

security, and economic, political, and public diplomacy in Southeast Asia. 

(4) A summary of initiatives across the whole of the United 

States Government to enhance the capacity of Southeast Asian 

nations with respect to enforcing international law and multilateral sanctions, and initiatives to cooperate with ASEAN as 

an institution in these areas. 

(5) A summary of initiatives across the whole of the United 

States Government to promote human rights and democracy, 

to strengthen the rule of law, civil society, and transparent 

governance, to combat disinformation and to protect the integrity of elections from outside influence. 

(6) A summary of initiatives to promote security cooperation 

and security assistance within Southeast Asian nations, 

including— 

(A) maritime security and maritime domain awareness 

initiatives for protecting the maritime commons and supporting international law and freedom of navigation in 

the South China Sea; and 

Statement. 

Summaries. 

Deadline. 

Consultation. 


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135 STAT. 2432 PUBLIC LAW 117–81—DEC. 27, 2021 

(B) efforts to combat terrorism, human trafficking, 

piracy, and illegal fishing, and promote more open, reliable 

routes for sea lines of communication. 

(c) DISTRIBUTION OF STRATEGY.—For the purposes of assuring 

allies and partners in Southeast Asia and deepening United States 

engagement with ASEAN, the Secretary of State shall direct each 

United States chief of mission to ASEAN and its member states 

to distribute the strategy required by subsection (a) to host governments. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Foreign Affairs and the Committee 

on Armed Services of the House of Representatives; and 

(2) the Committee on Foreign Relations and the Committee 

on Armed Services of the Senate. 

SEC. 6510. SUPPORTING DEMOCRACY IN BURMA. 

(a) DEFINED TERM.—In this section, the term ‘‘appropriate 

congressional committees’’ means— 

(1) the Committee on Foreign Relations of the Senate; 

(2) the Committee on Foreign Affairs of the House of Representatives; 

(3) the Committee on Appropriations of the Senate; 

(4) the Committee on Appropriations of the House of Representatives; 

(5) the Committee on Armed Services of the Senate; 

(6) the Committee on Armed Services of the House of 

Representatives; 

(7) the Committee on Banking, Housing, and Urban Affairs 

of the Senate; and 

(8) the Committee on Financial Services of the House of 

Representatives. 

(b) BRIEFING REQUIRED.— 

(1) IN GENERAL.—Not later than 60 days after the date 

of the enactment of this Act, the following officials shall jointly 

brief the appropriate congressional committees regarding 

actions taken by the United States Government to further 

United States policy and security objectives in Burma (officially 

known as the ‘‘Republic of the Union of Myanmar’’): 

(A) The Assistant Secretary of State for East Asian 

and Pacific Affairs. 

(B) The Counselor of the Department of State. 

(C) The Under Secretary of the Treasury for Terrorism 

and Financial Intelligence. 

(D) The Assistant to the Administrator for the Bureau 

for Conflict Prevention and Stabilization. 

(E) Additional officials from the Department of Defense 

or the Intelligence Community, as appropriate. 

(2) INFORMATION REQUIRED.—The briefing required under 

paragraph (1) shall include— 

(A) a detailed description of the specific United States 

policy and security objectives in Burma; 

(B) information about any actions taken by the United 

States, either directly or in coordination with other countries— 

Deadline. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2433 

(i) to support and legitimize the National Unity 

Government of the Republic of the Union of Myanmar, 

The Civil Disobedience Movement in Myanmar, and 

other entities promoting democracy in Burma, while 

simultaneously denying legitimacy and resources to 

the Myanmar’s military junta; 

(ii) to impose costs on Myanmar’s military junta, 

including— 

(I) an assessment of the impact of existing 

United States and international sanctions; and 

(II) a description of potential prospects for 

additional sanctions; 

(iii) to secure the restoration of democracy, the 

establishment of inclusive and representative civilian 

government, with a reformed military reflecting the 

diversity of Burma and under civilian control, and 

the enactment of constitutional, political, and economic 

reform in Burma; 

(iv) to secure the unconditional release of all political prisoners in Burma; 

(v) to promote genuine national reconciliation 

among Burma’s diverse ethnic and religious groups; 

(vi) to ensure accountability for atrocities, human 

rights violations, and crimes against humanity committed by Myanmar’s military junta; and 

(vii) to avert a large-scale humanitarian disaster; 

(C) an update on the current status of United States 

assistance programs in Burma, including— 

(i) humanitarian assistance for affected populations, including internally displaced persons and 

efforts to mitigate humanitarian and health crises in 

neighboring countries and among refugee populations; 

(ii) democracy assistance, including support to the 

National Unity Government of the Republic of the 

Union of Myanmar and civil society groups in Burma; 

(iii) economic assistance; and 

(iv) global health assistance, including COVID– 

19 relief; and 

(D) a description of the strategic interests in Burma 

of the People’s Republic of China and the Russian Federation, including— 

(i) access to natural resources and lines of communications to sea routes; and 

(ii) actions taken by such countries— 

(I) to support Myanmar’s military junta in 

order to preserve or promote such interests; 

(II) to undermine the sovereignty and territorial integrity of Burma; and 

(III) to promote ethnic conflict within Burma. 

(c) CLASSIFICATION AND FORMAT.—The briefing required under 

subsection (b)— 

(1) shall be provided in an unclassified setting; and 

(2) may be accompanied by a separate classified briefing, 

as appropriate. 

Update. 

Assessment. 


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135 STAT. 2434 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 6511. UNITED STATES GRAND STRATEGY WITH RESPECT TO 

CHINA. 

(a) STRATEGY REQUIRED.— (1) IN GENERAL.—Not later than 30 days after the date 

on which the President first submits to Congress a national 

security strategy under section 108 of the National Security 

Act of 1947 (50 U.S.C. 3043) after the date of the enactment 

of this Act, the President shall commence developing a comprehensive report that articulates the strategy of the United 

States with respect to the People’s Republic of China (in this 

section referred to as the ‘‘China Strategy’’) that builds on 

the work of such national security strategy. 

(2) SUBMITTAL.—Not later than 270 days after the date 

on which the President first submits to Congress a national 

security strategy under section 108 of the National Security 

Act of 1947 (50 U.S.C. 3043) after the date of the enactment 

of this Act, the President shall submit to Congress the China 

Strategy developed under paragraph (1). 

(3) FORM.—The China Strategy shall be submitted in classified form and shall include an unclassified summary. 

(b) CONTENTS.—The China Strategy developed under subsection 

(a) shall set forth the national security strategy of the United 

States with respect to the People’s Republic of China and shall 

include a comprehensive description and discussion of the following: 

(1) The strategy of the People’s Republic of China regarding 

the military, economic, and political power of China in the 

Indo-Pacific region and worldwide, including why the People’s 

Republic of China has decided on such strategy and what 

the strategy means for the long-term interests, values, goals, 

and objectives of the United States. 

(2) The worldwide interests, values, goals, and objectives 

of the United States as they relate to geostrategic and 

geoeconomic competition with the People’s Republic of China. 

(3) The foreign and economic policy, worldwide commitments, and national defense capabilities of the United States 

necessary to deter aggression and to implement the national 

security strategy of the United States as they relate to the 

new era of competition with the People’s Republic of China. 

(4) How the United States will exercise the political, economic, military, diplomatic, and other elements of its national 

power to protect or advance its interests and values and achieve 

the goals and objectives referred to in paragraph (1). 

(5) The adequacy of the capabilities of the United States 

Government to carry out the national security strategy of the 

United States within the context of new and emergent challenges to the international order posed by the People’s Republic 

of China, including an evaluation— 

(A) of the balance among the capabilities of all elements 

of national power of the United States; and 

(B) the balance of all United States elements of 

national power in comparison to equivalent elements of 

national power of the People’s Republic of China. 

(6) The assumptions and end-state or end-states of the 

strategy of the United States globally and in the Indo-Pacific 

region with respect to the People’s Republic of China. 

(7) Such other information as the President considers necessary to help inform Congress on matters relating to the 

Evaluation. 

Classified 

information. 

Summary. 

Deadlines. 

President. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2435 

national security strategy of the United States with respect 

to the People’s Republic of China. 

(c) ADVISORY BOARD ON UNITED STATES GRAND STRATEGY WITH

RESPECT TO CHINA.— (1) ESTABLISHMENT.—The President may establish in the 

executive branch an advisory board to be known as the 

‘‘Advisory Board on United States Grand Strategy with respect 

to China’’ (in this section referred to as the ‘‘Board’’). 

(2) PURPOSE.—The purpose of the Board is to convene 

outside experts to advise the President on development of the 

China Strategy. 

(3) DUTIES.— (A) REVIEW.—The Board shall review the current 

national security strategy of the United States with respect 

to the People’s Republic of China, including assumptions, 

capabilities, strategy, and end-state or end-states. 

(B) ASSESSMENT AND RECOMMENDATIONS.—The Board 

shall analyze the United States national security strategy 

with respect to the People’s Republic of China, including 

challenging its assumptions and approach, and make recommendations to the President for the China Strategy. 

(C) CLASSIFIED BRIEFING.— 

(i) IN GENERAL.—Not later than 30 days after the 

date on which the President submits the China 

Strategy to Congress under subsection (a)(2), the Board 

shall provide the appropriate congressional committees 

a classified briefing on its review, assessment, and 

recommendations. 

(ii) APPROPRIATE CONGRESSIONAL COMMITTEES

DEFINED.—In this subparagraph, the term ‘‘appropriate 

congressional committees’’ means— 

(I) the congressional defense committees; 

(II) the Committee on Foreign Relations and 

the Select Committee on Intelligence of the Senate; 

and 

(III) the Committee on Foreign Affairs and 

the Permanent Select Committee on Intelligence 

of the House of Representatives. 

(4) COMPOSITION.— 

(A) RECOMMENDATIONS.—Not later than 30 days after 

the date on which the President first submits to Congress 

a national security strategy under section 108 of the 

National Security Act of 1947 (50 U.S.C. 3043) after the 

date of the enactment of this Act, the majority leader 

of the Senate, the minority leader of the Senate, the 

Speaker of the House of Representatives, and the minority 

leader of the House of Representatives shall each provide 

to the President 2 candidates for membership on the Board, 

at least 1 of whom shall be an individual in the private 

sector and 1 of whom shall be an individual in academia 

or employed by a nonprofit research institution. 

(B) MEMBERSHIP.—The Board shall be composed of 

9 members appointed by the President as follows: 

(i) The National Security Advisor or such other 

designee as the President considers appropriate, such 

as the Asia Coordinator from the National Security 

Council. 

Deadline. 

Deadline. 


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135 STAT. 2436 PUBLIC LAW 117–81—DEC. 27, 2021 

(ii) Four shall be selected from among individuals 

in the private sector. 

(iii) Four shall be selected from among individuals 

in academia or employed by a nonprofit research 

institution. 

(iv) Two members shall be selected from among 

individuals included in the list submitted by the 

majority leader of the Senate under subparagraph (A), 

of whom— 

(I) one shall be selected from among individuals in the private sector; and 

(II) one shall be selected from among individuals in academia or employed by a nonprofit 

research institution. 

(v) Two members shall be selected from among 

individuals included in the list submitted by the 

minority leader of the Senate under subparagraph (A), 

of whom— 

(I) one shall be selected from among individuals in the private sector; and 

(II) one shall be selected from among individuals in academia or employed by a nonprofit 

research institution. 

(vi) Two members shall be selected from among 

individuals included in the list submitted by the 

Speaker of the House of Representatives under 

subparagraph (A), or whom— 

(I) one shall be selected from among individuals in the private sector; and 

(II) one shall be selected from among individuals in academia or employed by a nonprofit 

research institution. 

(vii) Two members shall be selected from among 

individuals included in the list submitted by the 

minority leader of the House of Representatives under 

subparagraph (A), of whom— 

(I) one shall be selected from among individuals in the private sector; and 

(II) one shall be selected from among individuals in academia or employed by a nonprofit 

research institution. 

(C) CHAIRPERSON.—The Chairperson of the Board shall 

be the member of the Board appointed under subparagraph 

(B)(i). 

(D) NONGOVERNMENTAL MEMBERSHIP; PERIOD OF

APPOINTMENT; VACANCIES.— 

(i) NONGOVERNMENTAL MEMBERSHIP.—Except in 

the case of the Chairperson of the Board, an individual 

appointed to the Board may not be an officer or 

employee of an instrumentality of government. 

(ii) PERIOD OF APPOINTMENT.—Members shall be 

appointed for the life of the Board. 

(iii) VACANCIES.—Any vacancy in the Board shall 

be filled in the same manner as the original appointment. 

(5) DEADLINE FOR APPOINTMENT.—Not later than 60 days 

after the date on which the President first submits to Congress 

President. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2437 

a national security strategy under section 108 of the National 

Security Act of 1947 (50 U.S.C. 3043) after the date of the 

enactment of this Act, the President shall— 

(A) appoint the members of the Board pursuant to 

paragraph (4); and 

(B) submit to Congress a list of the members so 

appointed. 

(6) EXPERTS AND CONSULTANTS.—The Board is authorized 

to procure temporary and intermittent services under section 

3109 of title 5, United States Code, but at rates for individuals 

not to exceed the daily equivalent of the maximum annual 

rate of basic pay under level IV of the Executive Schedule 

under section 5315 of title 5, United States Code. 

(7) SECURITY CLEARANCES.—The appropriate Federal 

departments or agencies shall cooperate with the Board in 

expeditiously providing to the Board members and experts and 

consultants appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except 

that no person may be provided with access to classified 

information under this Act without the appropriate security 

clearances. 

(8) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.— Information shall only be received, handled, stored, and 

disseminated by members of the Board and any experts and 

consultants consistent with all applicable statutes, regulations, 

and Executive orders. 

(9) UNCOMPENSATED SERVICE.—A member of the Board 

who is not an officer or employee of the Federal Government 

shall serve without compensation. 

(10) COOPERATION FROM GOVERNMENT.—In carrying out its 

duties, the Board shall receive the full and timely cooperation 

of the heads of relevant Federal departments and agencies 

in providing the Board with analysis, briefings, and other 

information necessary for the fulfillment of its responsibilities. 

(11) TERMINATION.—The Board shall terminate on the date 

that is 60 days after the date on which the President submits 

the China Strategy to Congress under subsection (a)(2). 

TITLE LXVI—OTHER MATTERS 

Sec. 6601. Eligibility of certain individuals who served with special guerrilla units 

or irregular forces in Laos for interment in national cemeteries. Sec. 6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria. Sec. 6603. Anomalous health incidents interagency coordinator. 

Sec. 6604. Chief Human Capital Officers Council annual report. 

Sec. 6605. National Global War on Terrorism Memorial. 

Sec. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science. Sec. 6607. Study and report on the redistribution of COVID–19 vaccine doses that 

would otherwise expire to foreign countries and economies. Sec. 6608. Catawba Indian Nation lands. 

Sec. 6609. Property disposition for affordable housing. 

Sec. 6610. Blocking deadly fentanyl imports. 

SEC. 6601. ELIGIBILITY OF CERTAIN INDIVIDUALS WHO SERVED WITH 

SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN 

LAOS FOR INTERMENT IN NATIONAL CEMETERIES. 

(a) IN GENERAL.—Section 2402(a)(10) of title 38, United States 

Code, is amended— 

Contracts. 

List. 


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135 STAT. 2438 PUBLIC LAW 117–81—DEC. 27, 2021 

(1) by striking the period at the end and inserting ‘‘; or’’; 

and 

(2) by adding at the end the following new subparagraph: 

‘‘(B) who— 

‘‘(i) the Secretary determines served honorably 

with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed 

Forces at any time during the period beginning on 

February 28, 1961, and ending on May 7, 1975; and 

‘‘(ii) at the time of the individual’s death— 

‘‘(I) was a citizen of the United States or an 

alien lawfully admitted for permanent residence 

in the United States; and 

‘‘(II) resided in the United States.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall have effect as if included in the enactment of section 251(a) 

of title II of the Military Construction, Veterans Affairs, and Related 

Agencies Appropriations Act, 2018 (division J of Public Law 115– 

141; 132 Stat. 824). 

SEC. 6602. EXPANSION OF SCOPE OF DEPARTMENT OF VETERANS 

AFFAIRS OPEN BURN PIT REGISTRY TO INCLUDE OPEN 

BURN PITS IN EGYPT AND SYRIA. 

Section 201(c)(2) of the Dignified Burial and Other Veterans’ 

Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 

527 note) is amended, in the matter before subparagraph (A), by 

striking ‘‘or Uzbekistan’’ and inserting ‘‘, Uzbekistan, Egypt, or 

Syria’’. 

SEC. 6603. ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDINATOR. 

(a) ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDI- NATOR.— (1) DESIGNATION.—Not later than 30 days after the date 

of the enactment of this Act, the President shall designate 

an appropriate senior official to be known as the Anomalous 

Health Incidents Interagency Coordinator (in this section 

referred to as the ‘‘Interagency Coordinator’’). 

(2) DUTIES.—The Interagency Coordinator, working 

through the interagency national security process, shall, with 

respect to anomalous health incidents— 

(A) coordinate the response of the United States 

Government to such incidents; 

(B) coordinate among relevant Federal agencies to 

ensure equitable and timely access to assessment and care 

for affected United States Government personnel, dependents of such personnel, and other appropriate individuals; 

(C) ensure adequate training and education relating 

to such incidents for United States Government personnel; 

(D) ensure that information regarding such incidents 

is efficiently shared across relevant Federal agencies in 

a manner that provides appropriate protections for classified, sensitive, and personal information; 

(E) coordinate, in consultation with the Director of 

the White House Office of Science and Technology Policy, 

the technological and research efforts of the United States 

Government to address suspected attacks presenting as 

such incidents; and 

Deadline. 

President. 

50 USC 3001 

note. 

38 USC 2402 

note. 

Determination. 

Time period. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2439 

(F) develop policy options to prevent, mitigate, and 

deter suspected attacks presenting as such incidents. 

(b) DESIGNATION OF AGENCY COORDINATION LEADS.— 

(1) DESIGNATION; RESPONSIBILITIES.—The head of each relevant agency shall designate an official appointed by the President, by and with the advice and consent of the Senate, or 

other appropriate senior official, who shall— 

(A) serve as the Anomalous Health Incident Agency 

Coordination Lead (in this section referred to as the 

‘‘Agency Coordination Lead’’) for the relevant agency concerned; 

(B) report directly to the head of such relevant agency 

regarding activities carried out under this section; 

(C) perform functions specific to such relevant agency 

and related to anomalous health incidents, consistent with 

the directives of the Interagency Coordinator and the interagency national security process; 

(D) represent such relevant agency in meetings convened by the Interagency Coordinator; and 

(E) participate in interagency briefings to Congress 

regarding the response of the United States Government 

to anomalous health incidents, including briefings required 

under subsection (c). 

(2) DELEGATION PROHIBITED.—An Agency Coordination 

Lead may not delegate any of the responsibilities specified 

in paragraph (1). 

(c) BRIEFINGS.— 

(1) IN GENERAL.—Not later than 60 days after the date 

of the enactment of this Act, and quarterly thereafter for the 

following two years, the Agency Coordination Leads shall jointly 

provide to the appropriate congressional committees a briefing 

on progress made in carrying out the duties under subsection 

(b)(2). 

(2) ELEMENTS.—Each briefing required under paragraph 

(1) shall include— 

(A) an update on the investigation into anomalous 

health incidents affecting United States Government personnel and dependents of such personnel, including technical causation and suspected perpetrators; 

(B) an update on new or persistent anomalous health 

incidents; 

(C) a description of threat prevention and mitigation 

efforts with respect to anomalous health incidents, to 

include personnel training; 

(D) an identification of any changes to operational 

posture as a result of anomalous health threats; 

(E) an update on diagnosis and treatment efforts for 

individuals affected by anomalous health incidents, 

including patient numbers and wait times to access care; 

(F) a description of efforts to improve and encourage 

reporting of anomalous health incidents; 

(G) a detailed description of the roles and responsibilities of the Agency Coordination Leads; 

(H) information regarding additional authorities or 

resources needed to support the interagency response to 

anomalous health incidents; and 

Update. 

Update. 

Update. 

Deadline. 

Time period. 


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135 STAT. 2440 PUBLIC LAW 117–81—DEC. 27, 2021 

(I) such other matters as the Interagency Coordinator 

or the Agency Coordination Leads may consider appropriate. 

(3) UNCLASSIFIED BRIEFING SUMMARY.— 

(A) IN GENERAL.—Not later than 60 days after the 

date of the enactment of this Act, and quarterly thereafter 

for the following two years, the Agency Coordination Leads 

shall provide to the appropriate congressional committees 

a coordinated written summary of the briefings provided 

under paragraph (1). 

(B) FORM.—The summary under subparagraph (A) 

shall be submitted in an unclassified form to the extent 

practicable, consistent with the protection of intelligence 

sources and methods. 

(d) SECURE REPORTING MECHANISMS.—Not later than 90 days 

after the date of the enactment of this section, the Interagency 

Coordinator shall ensure that the head of each relevant agency— 

(1) develops a process to provide a secure mechanism for 

personnel of the relevant agency concerned, the dependents 

of such personnel, and other appropriate individuals, to selfreport any suspected exposure that could be an anomalous 

health incident; 

(2) shares all relevant data reported through such mechanism in a timely manner with the Office of the Director of 

National Intelligence and other relevant agencies, through 

existing processes coordinated by the Interagency Coordinator; 

and 

(3) in developing the mechanism pursuant to paragraph 

(1), prioritizes secure information collection and handling processes to protect classified, sensitive, and personal information. 

(e) WORKFORCE GUIDANCE.— 

(1) DEVELOPMENT AND DISSEMINATION.—The President 

shall direct the heads of the relevant agencies to develop and 

disseminate to employees of such relevant agencies who are 

determined to be at risk of exposure to anomalous health 

incidents updated workforce guidance that describes, at a minimum— 

(A) the threat posed by anomalous health incidents; 

(B) known defensive techniques with respect to anomalous health incidents; and 

(C) processes to self-report any suspected exposure that 

could be an anomalous health incident. 

(2) DEADLINE.—The workforce guidance specified under 

paragraph (1) shall be developed and disseminated pursuant 

to such paragraph by not later than 60 days after the date 

of the enactment of this Act. 

(f) RULE OF CONSTRUCTION.—Nothing in this section, including 

the designation of the Interagency Coordinator pursuant to subsection (a)(1), shall be construed to limit the authority of any 

Federal agency to independently perform the authorized functions 

of such agency. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary of State $5,000,000 for fiscal 

year 2022, to be used to— 

(1) increase capacity and staffing for the Health Incident 

Response Task Force of the Department of State; 

President. 

Deadline. 

Time period. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2441 

(2) support the development and implementation of efforts 

by the Department of State to prevent and mitigate anomalous 

health incidents affecting the workforce of the Department; 

(3) investigate and characterize the cause of anomalous 

health incidents, including investigations of causation and 

attribution; 

(4) collect and analyze data related to anomalous health 

incidents; 

(5) coordinate with other relevant agencies and the 

National Security Council regarding anomalous health 

incidents; and 

(6) support other activities to understand, prevent, deter, 

and respond to suspected attacks presenting as anomalous 

health incidents, at the discretion of the Secretary of State. 

(h) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committees on Armed Services, Foreign Relations, Homeland Security and Governmental Affairs, the 

Judiciary, and Appropriations, and the Select Committee 

on Intelligence, of the Senate; and 

(B) the Committees on Armed Services, Foreign Affairs, 

Homeland Security, the Judiciary, and Appropriations, and 

the Permanent Select Committee on Intelligence, of the 

House of Representatives. 

(2) The term ‘‘relevant Federal agencies’’ means— 

(A) the Department of Defense; 

(B) the Department of State; 

(C) the Office of the Director of National Intelligence; 

(D) the Central Intelligence Agency; 

(E) the Department of Justice; 

(F) the Department of Homeland Security; and 

(G) such other Federal departments or agencies as 

may be designated by the Interagency Coordinator. 

SEC. 6604. CHIEF HUMAN CAPITAL OFFICERS COUNCIL ANNUAL 

REPORT. 

Subsection (d) of section 1303 of the Homeland Security Act 

of 2002 (Public Law 107–296; 5 U.S.C. 1401 note) is amended 

to read as follows: 

‘‘(d) ANNUAL REPORTS.— 

‘‘(1) IN GENERAL.—Each year, the Chief Human Capital 

Officers Council shall submit to Congress a report that includes 

the following: 

‘‘(A) A description of the activities of the Council. 

‘‘(B) A description of employment barriers that prevent 

the agencies of its members from hiring qualified 

applicants, including those for digital talent positions, and 

recommendations for addressing the barriers that would 

allow such agencies to more effectively hire qualified 

applicants. 

‘‘(2) PUBLIC AVAILABILITY.—Not later than 30 days after 

the date on which the Council submits a report under paragraph (1), the Director of the Office of Personnel Management 

shall make the report publicly available on the website of 

the Office of Personnel Management.’’. 

Web posting. 

Coordination. 

Data. 

Investigation. 


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135 STAT. 2442 PUBLIC LAW 117–81—DEC. 27, 2021 

SEC. 6605. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL. 

(a) SITE.—Notwithstanding section 8908(c) of title 40, United 

States Code, the National Global War on Terrorism Memorial 

authorized by section 2(a) of the Global War on Terrorism War 

Memorial Act (40 U.S.C. 8903 note; Public Law 115–51; 131 Stat. 

1003) (referred to in this section as the ‘‘Memorial’’) shall be located 

within the Reserve (as defined in section 8902(a) of title 40, United 

States Code). 

(b) APPLICABILITY OF COMMEMORATIVE WORKS ACT.—Except 

as provided in subsection (a), chapter 89 of title 40, United States 

Code (commonly known as the ‘‘Commemorative Works Act’’), shall 

apply to the Memorial. 

SEC. 6606. ESTABLISHMENT OF SUBCOMMITTEE ON THE ECONOMIC 

AND SECURITY IMPLICATIONS OF QUANTUM INFORMATION SCIENCE. 

(a) ESTABLISHMENT.—Title I of the National Quantum Initiative 

Act (15 U.S.C. 8811 et seq.) is amended— 

(1) by redesignating section 105 as section 106; and 

(2) by inserting after section 104 the following new section: 

‘‘SEC. 105. SUBCOMMITTEE ON THE ECONOMIC AND SECURITY 

IMPLICATIONS OF QUANTUM INFORMATION SCIENCE. 

‘‘(a) ESTABLISHMENT.—The President shall establish, through 

the National Science and Technology Council, the Subcommittee 

on the Economic and Security Implications of Quantum Information 

Science. 

‘‘(b) MEMBERSHIP.—The Subcommittee shall include a representative of— 

‘‘(1) the Department of Energy; 

‘‘(2) the Department of Defense; 

‘‘(3) the Department of Commerce; 

‘‘(4) the Department of Homeland Security; 

‘‘(5) the Office of the Director of National Intelligence; 

‘‘(6) the Office of Management and Budget; 

‘‘(7) the Office of Science and Technology Policy; 

‘‘(8) the Department of Justice; 

‘‘(9) the National Science Foundation; 

‘‘(10) the National Institute of Standards and Technology; 

and 

‘‘(11) such other Federal department or agency as the President considers appropriate. 

‘‘(c) RESPONSIBILITIES.—The Subcommittee shall— 

‘‘(1) in coordination with the Director of the Office and 

Management and Budget, the Director of the National Quantum 

Coordination Office, and the Subcommittee on Quantum 

Information Science, track investments of the Federal Government in quantum information science research and development; 

‘‘(2) review and assess any economic or security implications 

of such investments; 

‘‘(3) review and assess any counterintelligence risks or other 

foreign threats to such investments; 

‘‘(4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and 

agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other 

15 USC 8814a. 

15 USC 8815. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2443 

foreign threats identified as a result of an assessment under 

paragraph (3); 

‘‘(5) assess the export of technology associated with 

quantum information science and recommend to the Secretary 

of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the 

United States as a result of such assessment; 

‘‘(6) recommend to Federal departments and agencies 

investment strategies in quantum information science that 

advance the economic and security interest of the United States; 

‘‘(7) recommend to the Director of National Intelligence 

and the Secretary of Energy appropriate protections to address 

counterintelligence risks or other foreign threats identified as 

a result of the assessment under paragraph (3); and 

‘‘(8) in coordination with the Subcommittee on Quantum 

Information Science, ensure the approach of the United States 

to investments of the Federal Government in quantum information science research and development reflects a balance 

between scientific progress and the potential economic and 

security implications of such progress. 

‘‘(d) TECHNICAL AND ADMINISTRATIVE SUPPORT.— 

‘‘(1) IN GENERAL.—The Secretary of Energy, the Director 

of National Intelligence, and the Director of the National 

Quantum Coordination Office may provide to the Subcommittee 

personnel, equipment, facilities, and such other technical and 

administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee 

under this section. 

‘‘(2) SUPPORT RELATED TO CLASSIFIED INFORMATION.—The 

Director of the Office of Science and Technology Policy and 

the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the 

responsibilities of the Subcommittee that involve classified 

information, including support related to sensitive compartmented information facilities and the storage of classified 

information.’’. 

(b) SUNSET FOR SUBCOMMITTEE.— 

(1) INCLUSION IN SUNSET PROVISION.—Such title is further 

amended in section 106, as redesignated by subsection (a), 

by striking ‘‘103, and 104’’ and inserting ‘‘103, 104, and 105’’. 

(2) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect as if included in the enactment of the 

National Quantum Initiative Act (15 U.S.C. 8801 et seq.). 

(c) CONFORMING AMENDMENTS.—The National Quantum Initiative Act (15 U.S.C. 8801 et seq.) is further amended— 

(1) in section 2, by striking paragraph (7) and inserting 

the following new paragraphs: 

‘‘(7) SUBCOMMITTEE ON ECONOMIC AND SECURITY IMPLICATIONS.—The term ‘Subcommittee on Economic and Security 

Implications’ means the Subcommittee on the Economic and 

Security Implications of Quantum Information Science established under section 105(a). 

‘‘(8) SUBCOMMITTEE ON QUANTUM INFORMATION SCIENCE.— 

The term ‘Subcommittee on Quantum Information Science’ 

means the Subcommittee on Quantum Information Science of 

the National Science and Technology Council established under 

section 103(a).’’; 

15 USC 8801. 

15 USC 8814a 

note. 


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135 STAT. 2444 PUBLIC LAW 117–81—DEC. 27, 2021 

(2) in section 102(b)(1)— 

(A) in subparagraph (A), by striking ‘‘; and’’ and 

inserting ‘‘on Quantum Information Science;’’; 

(B) in subparagraph (B), by inserting ‘‘and’’ after the 

semicolon; and 

(C) by adding at the end the following new subparagraph: 

‘‘(C) the Subcommittee on Economic and Security 

Implications;’’; and 

(3) in section 104(d)(1), by striking ‘‘ and the Subcommittee’’ 

and inserting ‘‘, the Subcommittee on Quantum Information 

Science, and the Subcommittee on Economic and Security 

Implications’’. 

(d) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of such Act is amended by striking the item relating to section 

105 and inserting the following new items: 

‘‘105. Subcommittee on the Economic and Security Implications of Quantum Information Science. 

‘‘106. Sunset.’’. 

SEC. 6607. STUDY AND REPORT ON THE REDISTRIBUTION OF COVID– 

19 VACCINE DOSES THAT WOULD OTHERWISE EXPIRE TO 

FOREIGN COUNTRIES AND ECONOMIES. 

(a) STUDY.— 

(1) IN GENERAL.—The Secretary of Health and Human 

Services, in consultation with the Secretary of State and the 

Administrator of the United States Agency for International 

Development, shall conduct a study to identify and analyze 

the logistical prerequisites for the collection of unused and 

unexpired doses of the COVID–19 vaccine in the United States 

and for the distribution of such doses to foreign countries 

and economies. 

(2) MATTERS STUDIED.—The matters studied by the Secretary of Health and Human Services under paragraph (1) 

shall include— 

(A) options for the collection of unused and unexpired 

doses of the COVID–19 vaccine from entities in the United 

States; 

(B) methods for the collection and shipment of such 

doses to foreign countries and economies; 

(C) methods for ensuring the appropriate storage and 

handling of such doses during and following the distribution 

and delivery of the doses to such countries and economies; 

(D) the capacity and capability of foreign countries 

and economies receiving such doses to distribute and 

administer the doses while assuring their safety and 

quality; 

(E) the minimum supply of doses of the COVID–19 

vaccine necessary to be retained within the United States; 

and 

(F) other Federal agencies with which the heads of 

the relevant agencies should coordinate to accomplish the 

tasks described in subparagraphs (A) through (E) and the 

degree of coordination necessary between such agencies. 

(b) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Health and Human 

Consultation. 

Consultation. 

Analysis. 

132 Stat. 5092. 

15 USC 8814. 

15 USC 8812. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2445 

Services, in consultation with the other heads of the relevant agencies, shall submit to the appropriate congressional committees a 

report on the results of the study conducted under subsection (a). 

(c) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Health, Education, Labor, and 

Pensions, and the Committee on Foreign Relations of the 

Senate; and 

(B) the Committee on Energy and Commerce, and the 

Committee on Foreign Affairs of the House of Representatives. 

(2) RELEVANT AGENCIES.—The term ‘‘relevant agencies’’ 

means— 

(A) the Department of Health and Human Services; 

(B) the Department of State; and 

(C) the United States Agency for International 

Development. 

SEC. 6608. CATAWBA INDIAN NATION LANDS. 

(a) APPLICATION OF CURRENT LAW.— 

(1) LANDS IN SOUTH CAROLINA.—Section 14 of the Catawba 

Indian Tribe of South Carolina Claims Settlement Act of 1993 

(Public Law 103–116) shall only apply to gaming conducted 

by the Catawba Indian Nation on lands located in South Carolina. 

(2) LANDS IN STATES OTHER THAN SOUTH CAROLINA.— 

Gaming conducted by the Catawba Indian Nation on lands 

located in States other than South Carolina shall be subject 

to the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 

and sections 1166 through 1168 of title 18, United States Code. 

(b) REAFFIRMATION OF STATUS AND ACTIONS.— 

(1) RATIFICATION OF TRUST STATUS.—The action taken by 

the Secretary of the Interior on July 10, 2020, to place approximately 17 acres of land located in Cleveland County, North 

Carolina, into trust for the benefit of the Catawba Indian 

Nation is hereby ratified and confirmed as if that action had 

been taken under a Federal law specifically authorizing or 

directing that action. 

(2) ADMINISTRATION.—The land placed into trust for the 

benefit of the Catawba Indian Nation by the Secretary on 

July 10, 2020, shall— 

(A) be a part of the Catawba Reservation and administered in accordance with the laws and regulations generally 

applicable to land held in trust by the United States for 

an Indian Tribe; and 

(B) be deemed to have been acquired and taken into 

trust as part of the restoration of lands for an Indian 

tribe that is restored to Federal recognition pursuant to 

section 20(b)(1)(B)(iii) of the Indian Gaming Regulatory 

Act (25 U.S.C. 2719(b)(1)(B)(iii)). 

(3) RULES OF CONSTRUCTION.—Nothing in this section 

shall— 

(A) enlarge, impair, or otherwise affect any right or 

claim of the Catawba Indian Nation to any land or interest 

in land in existence before the date of the enactment of 

this Act; 

South Carolina. 


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135 STAT. 2446 PUBLIC LAW 117–81—DEC. 27, 2021 

(B) affect any water right of the Catawba Indian Nation 

in existence before the date of the enactment of this Act; 

(C) terminate or limit any access in any way to any 

right-of-way or right-of-use issued, granted, or permitted 

before the date of the enactment of this Act; or 

(D) alter or diminish the right of the Catawba Indian 

Nation to seek to have additional land taken into trust 

by the United States for the benefit of the Catawba Indian 

Nation. 

SEC. 6609. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING. 

Section 5334(h)(1) of title 49, United States Code, is amended 

to read as follows: 

‘‘(1) IN GENERAL.—If a recipient of assistance under this 

chapter decides an asset acquired under this chapter at least 

in part with that assistance is no longer needed for the purpose 

for which such asset was acquired, the Secretary may authorize 

the recipient to transfer such asset to— 

‘‘(A) a local governmental authority to be used for 

a public purpose with no further obligation to the Government if the Secretary decides— 

‘‘(i) the asset will remain in public use for at least 

5 years after the date the asset is transferred; 

‘‘(ii) there is no purpose eligible for assistance 

under this chapter for which the asset should be used; 

‘‘(iii) the overall benefit of allowing the transfer 

is greater than the interest of the Government in liquidation and return of the financial interest of the 

Government in the asset, after considering fair market 

value and other factors; and 

‘‘(iv) through an appropriate screening or survey 

process, that there is no interest in acquiring the asset 

for Government use if the asset is a facility or land; 

or 

‘‘(B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose 

of transit-oriented development with no further obligation 

to the Government if the Secretary decides— 

‘‘(i) the asset is a necessary component of a proposed transit-oriented development project; 

‘‘(ii) the transit-oriented development project will 

increase transit ridership; 

‘‘(iii) at least 40 percent of the housing units offered 

in the transit-oriented development, including housing 

units owned by nongovernmental entities, are legally 

binding affordability restricted to tenants with incomes 

at or below 60 percent of the area median income 

and owners with incomes at or below 60 percent the 

area median income, which shall include at least 20 

percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area 

median income and owners with incomes at or below 

30 percent the area median income; 

‘‘(iv) the asset will remain in use as described 

in this section for at least 30 years after the date 

the asset is transferred; and 

Time period. 

Time period. 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2447 

‘‘(v) with respect to a transfer to a third party 

entity— 

‘‘(I) a local government authority or nonprofit 

organization is unable to receive the property; 

‘‘(II) the overall benefit of allowing the transfer 

is greater than the interest of the Government 

in liquidation and return of the financial interest 

of the Government in the asset, after considering 

fair market value and other factors; and 

‘‘(III) the third party has demonstrated a satisfactory history of construction or operating an 

affordable housing development.’’. 

SEC. 6610. BLOCKING DEADLY FENTANYL IMPORTS. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Blocking 

Deadly Fentanyl Imports Act’’. 

(b) DEFINITIONS.—Section 481(e) of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2291(e)) is amended— 

(1) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘in which’’; 

(B) in subparagraph (A), by inserting ‘‘in which’’ before 

‘‘1,000’’; 

(C) in subparagraph (B)— 

(i) by inserting ‘‘in which’’ before ‘‘1,000’’; and 

(ii) by striking ‘‘or’’ at the end; 

(D) in subparagraph (C)— 

(i) by inserting ‘‘in which’’ before ‘‘5,000’’; and 

(ii) by inserting ‘‘or’’ after the semicolon; and 

(E) by adding at the end the following: 

‘‘(D) that is a significant source of illicit synthetic 

opioids significantly affecting the United States;’’; and 

(2) in paragraph (4)— 

(A) in subparagraph (C), by striking ‘‘and’’ at the end; 

and 

(B) by adding at the end the following: 

‘‘(E) assistance that furthers the objectives set forth 

in paragraphs (1) through (4) of section 664(b) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 

U.S.C. 2151n–2(b)); 

‘‘(F) assistance to combat trafficking authorized under 

the Victims of Trafficking and Violence Protection Act of 

2000 (22 U.S.C. 7101 et seq.)); and 

‘‘(G) global health assistance authorized under sections 

104 through 104C of the Foreign Assistance Act of 1961 

(22 U.S.C. 2151b through 22 U.S.C. 2151b–4).’’. 

(c) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.— 

Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2291h(a)) is amended by adding at the end the following: 

‘‘(10) A separate section that contains the following: 

‘‘(A) An identification of the countries, to the extent 

feasible, that are the most significant sources of illicit 

fentanyl and fentanyl analogues significantly affecting the 

United States during the preceding calendar year. 

‘‘(B) A description of the extent to which each country 

identified pursuant to subparagraph (A) has cooperated 

with the United States to prevent the articles or chemicals 

Blocking Deadly 

Fentanyl Imports 

Act. 

22 USC 2151 

note. 


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135 STAT. 2448 PUBLIC LAW 117–81—DEC. 27, 2021 

described in subparagraph (A) from being exported from 

such country to the United States. 

‘‘(C) A description of whether each country identified 

pursuant to subparagraph (A) has adopted and utilizes 

scheduling or other procedures for illicit drugs that are 

similar in effect to the procedures authorized under title 

II of the Controlled Substances Act (21 U.S.C. 811 et seq.) 

for adding drugs and other substances to the controlled 

substances schedules; 

‘‘(D) A description of whether each country identified 

pursuant to subparagraph (A) is following steps to prosecute individuals involved in the illicit manufacture or 

distribution of controlled substance analogues (as defined 

in section 102(32) of the Controlled Substances Act (21 

U.S.C. 802(32)); and 

‘‘(E) A description of whether each country identified 

pursuant to subparagraph (A) requires the registration of 

tableting machines and encapsulating machines or other 

measures similar in effect to the registration requirements 

set forth in part 1310 of title 21, Code of Federal Regulations, and has not made good faith efforts, in the opinion 

of the Secretary, to improve regulation of tableting 

machines and encapsulating machines.’’. 

(d) WITHHOLDING OF ASSISTANCE.— 

(1) DESIGNATION OF ILLICIT FENTANYL COUNTRIES WITHOUT

SCHEDULING PROCEDURES.—Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j– 

1(2)) is amended— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘also’’; 

(B) in subparagraph (A)(ii), by striking ‘‘and’’ at the 

end; 

(C) by redesignating subparagraph (B) as subparagraph (D); 

(D) by inserting after subparagraph (A) the following: 

‘‘(B) designate each country, if any, identified under 

section 489(a)(10) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2291h(a)(10)) that has failed to adopt and utilize 

scheduling procedures for illicit drugs that are comparable 

to the procedures authorized under title II of the Controlled 

Substances Act (21 U.S.C. 811 et seq.) for adding drugs 

and other substances to the controlled substances schedules;’’; and 

(E) in subparagraph (D), as redesignated, by striking 

‘‘so designated’’ and inserting ‘‘designated under subparagraph (A), (B), or (C)’’. 

(2) DESIGNATION OF ILLICIT FENTANYL COUNTRIES WITHOUT

ABILITY TO PROSECUTE CRIMINALS FOR THE MANUFACTURE OR

DISTRIBUTION OF FENTANYL ANALOGUES.—Section 706(2) of the 

Foreign Relations Authorization Act, Fiscal Year 2003 (22 

U.S.C. 2291j–1(2)), as amended by paragraph (2), is further 

amended by inserting after subparagraph (B) the following: 

‘‘(C) designate each country, if any, identified under 

section 489(a)(10) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2291h(a)(10)) that has not taken significant 

steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues 


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PUBLIC LAW 117–81—DEC. 27, 2021 135 STAT. 2449 

(as defined in section 102(32) of the Controlled Substances 

Act (21 U.S.C. 802(32));’’. 

(3) LIMITATION ON ASSISTANCE FOR DESIGNATED COUNTRIES.—Section 706(3) of the Foreign Relations Authorization 

Act, Fiscal Year 2003 (22 U.S.C. 2291j–1(3)) is amended by 

striking ‘‘also designated under paragraph (2) in the report’’ 

and inserting ‘‘designated in the report under paragraph (2)(A) 

or thrice designated during a 5-year period in the report under 

subparagraph (B) or (C) of paragraph (2)’’. 

(4) EXCEPTIONS TO THE LIMITATION ON ASSISTANCE.—Section 706(5) of the Foreign Relations Authorization Act, Fiscal 

Year 2003 (22 U.S.C. 2291j–1(5)) is amended— 

(A) by redesignating subparagraph (C) as subparagraph (F); 

(B) by inserting after subparagraph (B) the following: 

‘‘(C) Notwithstanding paragraph (3), assistance to promote democracy (as described in section 481(e)(4)(E) of 

the Foreign Assistance Act of 1961 (22 U.S.C. 

2291(e)(4)(E))) shall be provided to countries identified in 

a report under paragraph (1) and designated under 

subparagraph (B) or (C) of paragraph (2), to the extent 

such countries are otherwise eligible for such assistance, 

regardless of whether the President reports to the appropriate congressional committees in accordance with such 

paragraph. 

‘‘(D) Notwithstanding paragraph (3), assistance to combat trafficking (as described in section 481(e)(4)(F) of such 

Act) shall be provided to countries identified in a report 

under paragraph (1) and designated under subparagraph 

(B) or (C) of paragraph (2), to the extent such countries 

are otherwise eligible for such assistance, regardless of 

whether the President reports to the appropriate congressional committees in accordance with such paragraph. 

‘‘(E) Notwithstanding paragraph (3), global health 

assistance (as described in section 481(e)(4)(G) of such Act) 

shall be provided to countries identified in a report under 

paragraph (1) and designated under subparagraph (B) or 

(C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether 

the President reports to the appropriate congressional 

committees in accordance with such paragraph’’; and 

(C) in subparagraph (F), as redesignated, by striking 

‘‘section clause (i) or (ii) of’’ and inserting ‘‘clause (i) or 

(ii) of section’’. 

Time period. 


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135 STAT. 2450 PUBLIC LAW 117–81—DEC. 27, 2021 

LEGISLATIVE HISTORY—S. 1605 (H.R. 4350): 

HOUSE REPORTS: No. 117–118 and Pt. 2 (both from Comm. on Armed Services) 

accompanying H.R. 4350. 

CONGRESSIONAL RECORD, Vol. 167 (2021): 

June 9, considered and passed Senate. 

Dec. 7, considered and passed House, amended. 

Dec. 8, 14, 15, Senate considered and concurred in House amendment. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): 

Dec. 27, Presidential statement. 

Æ 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date that is 90 days after the date of 

the enactment of this Act. 

Approved December 27, 2021. 

22 USC 2291 

note. 


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