108 
distress, false imprisonment, or negligent hiring, super-
vision, or retention. 
(b) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Fed-
eral contract unless the contractor certifies that it requires 
each covered subcontractor to agree not to enter into, and 
not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of sub-
section (a), with respect to any employee or independent 
contractor performing work related to such subcontract. 
For purposes of this subsection, a ‘‘covered subcon-
tractor’’ is an entity that has a subcontract in excess of 
$1,000,000 on a contract subject to subsection (a). 
(c) The prohibitions in this section do not apply with 
respect to a contractor’s or subcontractor’s agreements 
with employees or independent contractors that may not 
be enforced in a court of the United States. 
(d) The Secretary of Defense may waive the applica-
tion of subsection (a) or (b) to a particular contractor or 
subcontractor for the purposes of a particular contract or 
subcontract if the Secretary or the Deputy Secretary per-
sonally determines that the waiver is necessary to avoid 
harm to national security interests of the United States, 
and that the term of the contract or subcontract is not 
longer than necessary to avoid such harm. The determina-
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tion shall set forth with specificity the grounds for the 
waiver and for the contract or subcontract term selected, 
and shall state any alternatives considered in lieu of a 
waiver and the reasons each such alternative would not 
avoid harm to national security interests of the United 
States. The Secretary of Defense shall transmit to Con-
gress, and simultaneously make public, any determination 
under this subsection not less than 15 business days be-
fore the contract or subcontract addressed in the deter-
mination may be awarded. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8091. From within the funds appropriated for 
operation and maintenance for the Defense Health Pro-
gram in this Act, up to $137,000,000, shall be available 
for transfer to the Joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 
of the National Defense Authorization Act for Fiscal Year 
2010, Public Law 111–84: Provided, That for purposes 
of section 1704(b), the facility operations funded are oper-
ations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Vet-
erans Affairs Medical Center, the Navy Ambulatory Care 
Center, and supporting facilities designated as a combined 
Federal medical facility as described by section 706 of 
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Public Law 110–417: Provided further, That additional 
funds may be transferred from funds appropriated for op-
eration and maintenance for the Defense Health Program 
to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Defense to the 
Committees on Appropriations of the House of Represent-
atives and the Senate. 
SEC. 8092. None of the funds appropriated or other-
wise made available by this Act may be used by the De-
partment of Defense or a component thereof in contraven-
tion of the provisions of section 130h of title 10, United 
States Code. 
SEC. 8093. Appropriations available to the Depart-
ment of Defense may be used for the purchase of heavy 
and light armored vehicles for the physical security of per-
sonnel or for force protection purposes up to a limit of 
$450,000 per vehicle, notwithstanding price or other limi-
tations applicable to the purchase of passenger carrying 
vehicles. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8094. Upon a determination by the Director of 
National Intelligence that such action is necessary and in 
the national interest, the Director may, with the approval 
of the Office of Management and Budget, transfer not to 
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exceed $1,500,000,000 of the funds made available in this 
Act for the National Intelligence Program: Provided, That 
such authority to transfer may not be used unless for 
higher priority items, based on unforeseen intelligence re-
quirements, than those for which originally appropriated 
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made 
prior to June 30, 2022. 
SEC. 8095. Of the amounts appropriated in this Act 
for ‘‘Shipbuilding and Conversion, Navy’’, $299,900,000, 
to remain available for obligation until September 30, 
2026, may be used for the purchase of five used sealift 
vessels for the National Defense Reserve Fleet, established 
under section 11 of the Merchant Ship Sales Act of 1946 
(46 U.S.C. 57100): Provided, That such amounts are 
available for reimbursements to the Ready Reserve Force, 
Maritime Administration account of the United States De-
partment of Transportation for programs, projects, activi-
ties, and expenses related to the National Defense Reserve 
Fleet: Provided further, That notwithstanding section 
2218 of title 10, United States Code, none of these funds 
shall be transferred to the National Defense Sealift Fund 
for execution. 
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SEC. 8096. The Secretary of Defense shall post grant 
awards on a public website in a searchable format. 
SEC. 8097. If the Secretary of a military department 
reduces each research, development, test and evaluation, 
and procurement account of the military department pur-
suant to paragraph (1) of section 828(d) of the National 
Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 10 U.S.C. 2430 note), the Secretary shall 
allocate the reduction determined under paragraph (2) of 
such section 828(d) proportionally from all programs, 
projects, or activities under such account: Provided, That 
the authority under section 804(d)(2) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 10 U.S.C. 2302 note) to transfer amounts avail-
able in the Rapid Prototyping Fund shall be subject to 
section 8005 of this Act. 
SEC. 8098. None of the funds made available by this 
Act may be used by the National Security Agency to— 
(1) conduct an acquisition pursuant to section 
702 of the Foreign Intelligence Surveillance Act of 
1978 for the purpose of targeting a United States 
person; or 
(2) acquire, monitor, or store the contents (as 
such term is defined in section 2510(8) of title 18, 
United States Code) of any electronic communica-
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tion of a United States person from a provider of 
electronic communication services to the public pur-
suant to section 501 of the Foreign Intelligence Sur-
veillance Act of 1978. 
SEC. 8099. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of any agency funded by this Act who 
approves or implements the transfer of administrative re-
sponsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction 
of another Federal agency not financed by this Act with-
out the express authorization of Congress: Provided, That 
this limitation shall not apply to transfers of funds ex-
pressly provided for in Defense Appropriations Acts, or 
provisions of Acts providing supplemental appropriations 
for the Department of Defense. 
SEC. 8100. Of the amounts appropriated in this Act 
for ‘‘Operation and Maintenance, Navy’’, $435,032,000, 
to remain available until expended, may be used for any 
purposes related to the National Defense Reserve Fleet 
established under section 11 of the Merchant Ship Sales 
Act of 1946 (46 U.S.C. 57100): Provided, That such 
amounts are available for reimbursements to the Ready 
Reserve Force, Maritime Administration account of the 
United States Department of Transportation for pro-
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grams, projects, activities, and expenses related to the Na-
tional Defense Reserve Fleet. 
SEC. 8101. None of the funds made available in this 
Act may be obligated for activities authorized under sec-
tion 1208 of the Ronald W. Reagan National Defense Au-
thorization Act for Fiscal Year 2005 (Public Law 112– 
81; 125 Stat. 1621) to initiate support for, or expand sup-
port to, foreign forces, irregular forces, groups, or individ-
uals unless the congressional defense committees are noti-
fied in accordance with the direction contained in the clas-
sified annex accompanying this Act, not less than 15 days 
before initiating such support: Provided, That none of the 
funds made available in this Act may be used under sec-
tion 1208 for any activity that is not in support of an 
ongoing military operation being conducted by United 
States Special Operations Forces to combat terrorism: 
Provided further, That the Secretary of Defense may waive 
the prohibitions in this section if the Secretary determines 
that such waiver is required by extraordinary cir-
cumstances and, by not later than 72 hours after making 
such waiver, notifies the congressional defense committees 
of such waiver. 
SEC. 8102. The Secretary of Defense, in consultation 
with the Service Secretaries, shall submit a report to the 
congressional defense committees, not later than 180 days 
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after the date of the enactment of this Act, detailing the 
submission of records during the previous 12 months to 
databases accessible to the National Instant Criminal 
Background Check System (NICS), including the Inter-
state Identification Index (III), the National Crime Infor-
mation Center (NCIC), and the NICS Index, as required 
by Public Law 110–180: Provided, That such report shall 
provide the number and category of records submitted by 
month to each such database, by Service or Component: 
Provided further, That such report shall identify the num-
ber and category of records submitted by month to those 
databases for which the Identification for Firearm Sales 
(IFFS) flag or other database flags were used to pre-vali-
date the records and indicate that such persons are pro-
hibited from receiving or possessing a firearm: Provided 
further, That such report shall describe the steps taken 
during the previous 12 months, by Service or Component, 
to ensure complete and accurate submission and appro-
priate flagging of records of individuals prohibited from 
gun possession or receipt pursuant to 18 U.S.C. 922(g) 
or (n) including applicable records involving proceedings 
under the Uniform Code of Military Justice. 
SEC. 8103. (a) None of the funds provided in this 
Act for the TAO Fleet Oiler program shall be used to 
award a new contract that provides for the acquisition of 
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the following components unless those components are 
manufactured in the United States: Auxiliary equipment 
(including pumps) for shipboard services; propulsion 
equipment (including engines, reduction gears, and propel-
lers); shipboard cranes; spreaders for shipboard cranes; 
and anchor chains specifically for the seventh and subse-
quent ships of the fleet. 
(b) None of the funds provided in this Act for the 
FFG(X) Frigate program shall be used to award a new 
contract that provides for the acquisition of the following 
components unless those components are manufactured in 
the United States: Air circuit breakers; gyrocompasses; 
electronic navigation chart systems; steering controls; 
pumps; propulsion and machinery control systems; totally 
enclosed lifeboats; auxiliary equipment pumps; shipboard 
cranes; auxiliary chill water systems; and propulsion pro-
pellers: Provided, That the Secretary of the Navy shall in-
corporate United States manufactured propulsion engines 
and propulsion reduction gears into the FFG(X) Frigate 
program beginning not later than with the eleventh ship 
of the program. 
SEC. 8104. None of the funds provided in this Act 
for requirements development, performance specification 
development, concept design and development, ship con-
figuration development, systems engineering, naval archi-
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tecture, marine engineering, operations research analysis, 
industry studies, preliminary design, development of the 
Detailed Design and Construction Request for Proposals 
solicitation package, or related activities for the AS(X) 
Submarine Tender, T–ARC(X) Cable Laying and Repair 
Ship, or T–AGOS(X) Oceanographic Surveillance Ship 
may be used to award a new contract for such activities 
unless these contracts include specifications that all auxil-
iary equipment, including pumps and propulsion shafts 
are manufactured in the United States. 
SEC. 8105. None of the funds made available by this 
Act may be obligated or expended for the purpose of de-
commissioning the USS Fort Worth, the USS Detroit, or 
the USS Little Rock. 
SEC. 8106. No amounts credited or otherwise made 
available in this or any other Act to the Department of 
Defense Acquisition Workforce Development Account may 
be transferred to: 
(1) the Rapid Prototyping Fund established 
under section 804(d) of the National Defense Au-
thorization Act for Fiscal Year 2016 (10 U.S.C. 
2302 note); or 
(2) credited to a military-department specific 
fund established under section 804(d)(2) of the Na-
tional Defense Authorization Act for Fiscal Year 
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2016 (as amended by section 897 of the National 
Defense Authorization Act for Fiscal Year 2017). 
SEC. 8107. None of the funds made available by this 
Act may be used for Government Travel Charge Card ex-
penses by military or civilian personnel of the Department 
of Defense for gaming, or for entertainment that includes 
topless or nude entertainers or participants, as prohibited 
by Department of Defense FMR, Volume 9, Chapter 3 
and Department of Defense Instruction 1015.10 (enclo-
sure 3, 14a and 14b). 
SEC. 8108. (a) None of the funds made available in 
this Act may be used to maintain or establish a computer 
network unless such network is designed to block access 
to pornography websites. 
(b) Nothing in subsection (a) shall limit the use of 
funds necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out crimi-
nal investigations, prosecution, or adjudication activities, 
or for any activity necessary for the national defense, in-
cluding intelligence activities. 
SEC. 8109. In addition to amounts provided else-
where in this Act, there is appropriated $300,000,000, for 
an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to remain available until expended: Pro-
vided, That such funds shall only be available to the Sec-
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retary of Defense, acting through the Office of Local De-
fense Community Cooperation of the Department of De-
fense, or for transfer to the Secretary of Education, not-
withstanding any other provision of law, to make grants, 
conclude cooperative agreements, or supplement other 
Federal funds to construct, renovate, repair, or expand el-
ementary and secondary public schools on military instal-
lations in order to address capacity or facility condition 
deficiencies at such schools: Provided further, That in 
making such funds available, the Office of Local Defense 
Community Cooperation or the Secretary of Education 
shall give priority consideration to those military installa-
tions with schools having the most serious capacity or fa-
cility condition deficiencies as determined by the Secretary 
of Defense: Provided further, That as a condition of receiv-
ing funds under this section a local educational agency or 
State shall provide a matching share as described in the 
notice titled ‘‘Department of Defense Program for Con-
struction, Renovation, Repair or Expansion of Public 
Schools Located on Military Installations’’ published by 
the Department of Defense in the Federal Register on 
September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided 
further, That all laborers and mechanics employed by con-
tractors or subcontractors in the performance of construc-
tion, alteration, or repair work funded, in whole or in part, 
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using funds made available under this section shall be paid 
wages at rates not less than those prevailing on projects 
of a character similar in the locality as determined by the 
Secretary of Labor in accordance with subchapter IV of 
chapter 31 of title 40, United States Code: Provided fur-
ther, That, with respect to the labor standards specified 
in the preceding proviso, the Secretary of Labor shall have 
the authority and functions set forth in Reorganization 
Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 
App.) and section 3145 of title 40, United States Code: 
Provided further, That these provisions apply to funds pro-
vided under this section, and to funds previously provided 
by Congress to construct, renovate, repair, or expand ele-
mentary and secondary public schools on military installa-
tions in order to address capacity or facility condition defi-
ciencies at such schools to the extent such funds remain 
unobligated on the date of enactment of this Act. 
SEC. 8110. In carrying out the program described in 
the memorandum on the subject of ‘‘Policy for Assisted 
Reproductive Services for the Benefit of Seriously or Se-
verely Ill/Injured (Category II or III) Active Duty Service 
Members’’ issued by the Assistant Secretary of Defense 
for Health Affairs on April 3, 2012, and the guidance 
issued to implement such memorandum, the Secretary of 
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Defense shall apply such policy and guidance, except 
that— 
(1) the limitation on periods regarding embryo 
cryopreservation and storage set forth in part III(G) 
and in part IV(H) of such memorandum shall not 
apply; and 
(2) the term ‘‘assisted reproductive technology’’ 
shall include embryo cryopreservation and storage 
without 
limitation 
on 
the 
duration 
of 
such 
cryopreservation and storage. 
SEC. 8111. None of the funds provided for, or other-
wise made available, in this or any other Act, may be obli-
gated or expended by the Secretary of Defense to provide 
motorized vehicles, aviation platforms, munitions other 
than small arms and munitions appropriate for customary 
ceremonial honors, operational military units, or oper-
ational military platforms if the Secretary determines that 
providing such units, platforms, or equipment would un-
dermine the readiness of such units, platforms, or equip-
ment. 
SEC. 8112. The Secretary of Defense may obligate 
and expend funds made available under this Act for pro-
curement or for research, development, test and evaluation 
for the F–35 Joint Strike Fighter to modify up to six F– 
35 aircraft, including up to two F–35 aircraft of each vari-
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ant, to a test configuration: Provided, That the Secretary 
of Defense shall, with the concurrence of the Secretary 
of the Air Force and the Secretary of the Navy, notify 
the congressional defense committees not fewer than 30 
days prior to obligating and expending funds under this 
section: Provided further, That any transfer of funds pur-
suant to the authority provided in this section shall be 
made in accordance with section 8005 of this Act: Pro-
vided further, That aircraft referred to previously in this 
section are not additional to aircraft referred to in section 
8135 of the Department of Defense Appropriations Act, 
2019; section 8126 of the Department of Defense Appro-
priations Act, 2020; and section 8122 of the Department 
of Defense Appropriations Act, 2021. 
SEC. 8113. Amounts appropriated for ‘‘Defense 
Health Program’’ in this Act and hereafter may be obli-
gated to make death gratuity payments, as authorized in 
subchapter II of chapter 75 of title 10, United States 
Code, if no appropriation for ‘‘Military Personnel’’ is avail-
able for obligation for such payments: Provided, That such 
obligations may subsequently be recorded against appro-
priations available for ‘‘Military Personnel’’. 
SEC. 8114. (a) None of the funds made available by 
this or any other Act may be used to enter into a contract, 
memorandum of understanding, or cooperative agreement 
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with, make a grant to, or provide a loan or loan guarantee 
to any corporation that has any unpaid Federal tax liabil-
ity that has been assessed, for which all judicial and ad-
ministrative remedies have been exhausted or have lapsed, 
and that is not being paid in a timely manner pursuant 
to an agreement with the authority responsible for col-
lecting such tax liability, provided that the applicable Fed-
eral agency is aware of the unpaid Federal tax liability. 
(b) Subsection (a) shall not apply if the applicable 
Federal agency has considered suspension or debarment 
of the corporation described in such subsection and has 
made a determination that such suspension or debarment 
is not necessary to protect the interests of the Federal 
Government. 
SEC. 8115. During fiscal year 2022, any advance bill-
ing for background investigation services and related serv-
ices purchased from activities financed using Defense 
Working Capital Funds shall be excluded from the calcula-
tion of cumulative advance billings under section 
2208(l)(3) of title 10, United States Code. 
SEC. 8116. None of the funds appropriated or other-
wise made available by this Act may be used to transfer 
the National Reconnaissance Office to the Space Force: 
Provided, That nothing in this Act shall be construed to 
limit or prohibit cooperation, collaboration, and coordina-
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tion between the National Reconnaissance Office and the 
Space Force or any other elements of the Department of 
Defense. 
SEC. 8117. None of the funds appropriated or other-
wise made available by this Act may be used to transfer 
any element of the Department of the Army, the Depart-
ment of the Navy, or a Department of Defense agency 
to the Space Force unless, concurrent with the fiscal year 
2023 budget submission (as submitted to Congress pursu-
ant to section 1105 of title 31, United States Code), the 
Secretary of Defense provides a report to the Committees 
on Appropriations of the House of Representatives and the 
Senate, detailing any plans to transfer appropriate space 
elements of the Department of the Army, the Department 
of the Navy, or a Department of Defense agency to the 
Space Force and certifies in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that such transfer is consistent with the mission 
of the Space Force and will not have an adverse impact 
on the Department or agency from which such element 
is being transferred: Provided, That such report shall in-
clude fiscal year 2023 budget and future years defense 
program adjustments associated with such planned trans-
fers. 
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SEC. 8118. None of the funds appropriated or other-
wise made available by this Act may be used to establish 
a field operating agency of the Space Force. 
SEC. 8119. Funds appropriated in title I of this Act 
under headings for ‘‘Military Personnel’’ may be used for 
expenses described therein for members of the Space 
Force on active duty: Provided, That amounts appro-
priated under such headings may be used for payments 
pursuant to section 156 of Public Law 97–377, as amend-
ed (42 U.S.C. 402 note), and to the Department of De-
fense Military Retirement Fund. 
SEC. 8120. 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 exe-
cution of the resources to train, equip, operate, and sus-
tain the Cyber Mission Forces: Provided, That such re-
sponsibility shall take effect on October 1, 2021, and apply 
to resources beginning with fiscal year 2024. 
SEC. 8121. Notwithstanding any other provision of 
this Act, to reflect savings due to lower than anticipated 
fuel costs, the total amount appropriated in this Act is 
hereby reduced by $150,000,000. 
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SEC. 8122. (a) Amounts appropriated under title IV 
of this Act, as detailed in budget activity eight of the ta-
bles in the explanatory statement regarding this Act, may 
be used for expenses for the agile research, development, 
test and evaluation, procurement, production, modifica-
tion, and operation and maintenance, only for the fol-
lowing Software and Digital Technology Pilot programs— 
(1) Defensive Cyber Operations Army (PE 
0608041A); 
(2) 
Risk 
Management 
Information 
(PE 
0608013N); 
(3) Maritime Tactical Command Control (PE 
0608231N); 
(4) 
Space 
Command 
and 
Control 
(PE 
1203614SF); 
(5) National Background Investigation Services 
(PE 0608197V); 
(6) Global Command and Control System-Joint 
(PE 0308150K); 
(7) Algorithmic Warfare Cross Functional 
Team (PE 0308588D8Z); 
(8) Acquisition visibility (PE 0608648D8Z); 
(9) 
Joint 
Artificial 
Intelligence 
(PE 
0604532K); 
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(10) Air and Space Operations Center (Air 
Force) (PE 0608941F); 
(11) Defense Enterprise Accounting and Man-
agement System (PE 0608920F); and 
(12) Strategic Mission Planning and Execution 
System (PE 0608158F). 
(b) None of the funds appropriated by this or prior 
Department of Defense Appropriations Acts may be obli-
gated or expended to initiate additional Software and Dig-
ital Technology Pilot Programs in fiscal year 2022. 
SEC. 8123. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, $75,000,000, to remain available until September 
30, 2025: Provided, That such funds shall only be avail-
able to the Secretary of Defense, acting through the Office 
of Local Defense Community Cooperation of the Depart-
ment of Defense, to make grants to communities impacted 
by military aviation noise for the purpose of installing 
noise mitigating insulation at covered facilities: Provided 
further, That, to be eligible to receive a grant under the 
program, a community must enter into an agreement with 
the Secretary under which the community prioritizes the 
use of funds for the installation of noise mitigation at cov-
ered facilities in the community: Provided further, That 
as a condition of receiving funds under this section a State 
VerDate Sep 11 2014 
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H4432
pamtmann on DSKBC07HB2PROD with BILLS